[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 23943-23945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11463]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-023-1]


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 all 
or portions of previously regulated areas in Clay, Crittenden, and 
Mississippi Counties in Arkansas; Dunklin, New Madrid, and Pemiscot 
Counties in Missouri; and Dyer and Lauderdale Counties in Tennessee 
from the list of suppressive areas for pink bollworm. We are also 
removing Missouri and Tennessee from the list of States quarantined 
because of pink bollworm. We are taking this action because trapping 
surveys show that the pink

[[Page 23944]]

bollworm no longer exists in these areas. This action is necessary to 
relieve unnecessary restrictions on the interstate movement of 
regulated articles from these previously regulated areas. This rule 
also adds a previously nonregulated portion of Poinsett County in 
Arkansas to the list of suppressive areas for pink bollworm. This 
action imposes restrictions on the interstate movement of regulated 
articles from the regulated area in Poinsett County in Arkansas. This 
action is necessary to prevent the interstate movement of pink bollworm 
into noninfested areas.

DATES: Interim rule effective May 2, 1997. Consideration will be given 
only to comments received on or before July 1, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-023-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 97-023-1. 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 comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Cunningham, Chief Operations 
Officer, Program Support Staff, PPQ, APHIS, suite 4C09, 4700 River Road 
Unit 138, Riverdale, MD 20737-1236, (301) 734-8676; or e-mail: 
[email protected].

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.
    Prior to the effective date of this document, all or portions of 
Clay, Crittenden, and Mississippi Counties in Arkansas; Dunklin, New 
Madrid, and Pemiscot Counties in Missouri; and Dyer and Lauderdale 
Counties in Tennessee were designated as suppressive areas. Based on 2 
years of negative trapping surveys conducted by inspectors of Arkansas, 
Missouri, and Tennessee State and county agencies, and by inspectors of 
the Animal and Plant Health Inspection Service (APHIS), we have 
determined that pink bollworm no longer exists in these areas. We are, 
therefore, removing these areas from the list of suppressive areas in 
Sec. 301.52-2a.
    However, surveys conducted by inspectors of APHIS and by State 
agencies in Arkansas have established that pink bollworm has spread 
into a portion of Poinsett County, AR. Therefore, in order to prevent 
the further spread of pink bollworm, we are also amending the list of 
regulated areas in Sec. 301.52-2a of the regulations by adding a 
portion of Poinsett County, AR, as a pink bollworm suppressive area. A 
description of the area designated as a suppressive area is set forth 
in the rule portion of this document.
    As of the effective date of this document, there will be no areas 
in Missouri or Tennessee regulated because of the pink bollworm. We 
are, therefore, also removing Missouri and Tennessee 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 
necessary to prevent the interstate movement of pink bollworm to 
noninfested areas of the United States, and is warranted to relieve 
unnecessary restrictions on the interstate movement of regulated 
articles from areas where 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. It will include 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 rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This interim rule relieves unnecessary restrictions on the 
interstate movement of regulated articles from certain areas previously 
regulated for pink bollworm in Arkansas, Missouri, and Tennessee. This 
interim rule also imposes restrictions on the interstate movement of 
regulated articles from a portion of Poinsett County in Arkansas in 
order to prevent the interstate movement of pink bollworm into 
noninfested areas.
    This emergency situation make compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule will 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our Final Regulatory Flexibility 
Analysis.

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 12988

    This rule has been reviewed under Executive Order 12988, 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 rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (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.


[[Page 23945]]


    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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).


Sec. 301.52  [Amended]

    2. In Sec. 301.52, paragraph (a) is amended by removing the words 
``Missouri,'' and ``Tennessee,''.
    3. 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 Missouri and all of the material pertaining to 
Missouri are removed.
    c. The entry for Tennessee and all of the material pertaining to 
Tennessee are removed.


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

* * * * *
Arkansas
    (1) Generally infested area. None.
    (2) Suppressive area.
    Poinsett County. T. 12 N., R. 5 E.; Sections 22, 23, 24, 25, 26, 
27, 34, 35, and 36.
* * * * *
    Done in Washington, DC, this 25th day of April 1997.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-11463 Filed 5-1-97; 8:45 am]
BILLING CODE 3410-34-P