[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13057]


  Federal Register / Vol. 59, No. 103 / Tuesday, May 31, 1994 /
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[[Page Unknown]]

[Federal Register: May 31, 1994]


                                                   VOL. 59, NO. 103

                                              Tuesday, May 31, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

 7 CFR Part 301

[Docket No. 94-034-1]

 

Pink Bollworm Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the pink bollworm regulations by removing 
Craighead, Cross, Greene, Monroe, Poinsett, and St. Francis Counties in 
Arkansas; Concordia Parish in Louisiana; and Washington County in 
Mississippi from the list of suppressive areas and removing Louisiana 
and Mississippi from the list of States quarantined because of the pink 
bollworm. This action relieves unnecessary restrictions on the 
interstate movement of regulated articles from certain previously 
regulated areas.

DATES: Interim rule effective May 31, 1994. Consideration will be given 
only to comments received on or before August 1, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 94-034-1. Comments 
received may be inspected at USDA, room 1141 South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Sidney E. Cousins, Senior 
Operations Officer, Plant Protection and Quarantine, APHIS, USDA, room 
643, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 
436-6365.

SUPPLEMENTARY INFORMATION:

Background

    The pink bollworm, Pectinophora gossypiella (Saunders), is one of 
the world's most destructive pests of cotton. This insect spread to the 
United States from Mexico in 1917 and now exists throughout most of the 
cotton-producing States west of the Mississippi River.
    The pink bollworm regulations, contained in 7 CFR 301.52 through 
301.52-10 (referred to below as the regulations), quarantine certain 
States and restrict the interstate movement of regulated articles from 
regulated areas in quarantined States for the purpose of preventing the 
interstate spread of pink bollworm.
    Regulated areas for the pink bollworm are designated as either 
suppressive areas or generally infested areas. Restrictions are imposed 
on the interstate movement of regulated articles from both types of 
areas in order to prevent the movement of pink bollworm into 
noninfested areas. However, the management and containment of pink 
bollworm is undertaken as an objective only in places that are 
designated as suppressive areas.
    Prior to the effective date of this document, Craighead, Cross, 
Greene, Monroe, Poinsett and St. Francis Counties, AR; Concordia 
Parish, LA; and Washington County, MS, were designated as suppressive 
areas. Based on 2 years of negative trapping surveys conducted by 
inspectors of Arkansas, Louisiana, and Mississippi State and county 
agencies, and by inspectors of the Animal and Plant Health Inspection 
Service (APHIS), we have determined that pink bollworm has been 
eradicated from these counties. We are, therefore, removing these areas 
from the list of suppressive areas in Sec. 301.52-2a.
    As of the effective date of this document, there will be no areas 
in Louisiana or Mississippi regulated because of the pink bollworm. We 
are, therefore, also removing Louisiana and Mississippi from the list 
of States in Sec. 301.52-2a quarantined because of the pink bollworm.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
warranted to relieve unnecessary restrictions on the interstate 
movement of regulated articles from areas where the pink bollworm no 
longer exists.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon publication in the Federal Register. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register including a discussion 
of any comments we receive and any amendments we are making to the rule 
as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived the 
review process required by Executive Order 12866.
    This regulation relieves restrictions on the interstate movement of 
regulated articles from certain previously regulated areas in Arkansas, 
Louisiana, and Mississippi. There are 114 cotton related commercial 
activities in the eight counties, including cotton producers, cotton 
gins, equipment dealers, equipment auction companies and storage 
facilities. Approximately 95 percent are small entities according to 
standards set by the Small Business Administration. They will 
experience a modest economic benefit as a result of this rule, since 
they will no longer be required to comply with the treatment and 
handling requirements contained in the pink bollworm regulations. We 
estimate that each of these entities will save approximately $150 to 
$930 annually.
    Further, since the total production of cotton and cottonseed by the 
affected counties is small (less than 4 percent of U.S. production), 
the effect on national prices is expected to be insignificant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
    This document contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

    Accordingly, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. Section 301.52-2a is amended as follows:
    a. The entry for Arkansas is revised to read as set forth below.
    b. The entry for Louisiana and all of the material pertaining to 
Louisiana are removed.
    c. The entry for to Mississippi and all of the material pertaining 
to Mississippi are removed.


Sec. 301.52-2a  Regulated areas; suppressive and generally infested 
areas.

* * * * *

Arkansas

    (1) Generally infested area. None.
    (2) Suppressive Area.
    Clay County. The entire county.
    Crittenden County. The entire county.
    Mississippi County. The entire county.
* * * * *
    Done in Washington, DC, this 23rd day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-13057 Filed 5-27-94; 8:45 am]
BILLING CODE 3410-34-P