[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Rules and Regulations]
[Pages 43455-43457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21522]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-023-2]


Pink Bollworm Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended 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

[[Page 43456]]

Tennessee from the list of suppressive areas for pink bollworm. The 
interim rule also removed Missouri and Tennessee from the list of 
States quarantined because of pink bollworm. We took this action 
because trapping surveys show that the pink bollworm no longer exists 
in these areas. The action was necessary to relieve unnecessary 
restrictions on the interstate movement of regulated articles from the 
previously regulated areas. The interim rule also amended the 
regulations by adding a previously nonregulated portion of Poinsett 
County in Arkansas to the list of suppressive areas for pink bollworm. 
The action imposed restrictions on the interstate movement of regulated 
articles from the regulated area in Poinsett County in Arkansas, and 
was necessary to prevent the interstate movement of pink bollworm into 
noninfested areas.

EFFECTIVE DATE: The interim rule was effective on May 2, 1997.

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

    In an interim rule effective and published in the Federal Register 
on May 2, 1997 (62 FR 23943-23945, Docket No. 97-023-1), we amended the 
pink bollworm regulations in 7 CFR 301.52 through 301.52-10 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 in Sec. 301.52-2a. 
The interim rule also removed Missouri and Tennessee from the list in 
Sec. 301.52-2a of States quarantined because of pink bollworm. We took 
this action because trapping surveys show that the pink bollworm no 
longer exists in these areas. The action was necessary to relieve 
unnecessary restrictions on the interstate movement of regulated 
articles from these previously regulated areas. The interim rule also 
amended the regulations by adding a previously nonregulated portion of 
Poinsett County in Arkansas to the list of suppressive areas for pink 
bollworm in Sec. 301.52-2a. The action imposed restrictions on the 
interstate movement of regulated articles from the regulated area in 
Poinsett County in Arkansas, and was necessary to prevent the 
interstate movement of pink bollworm into noninfested areas.
    Comments on the interim rule were required to be received on or 
before July 1, 1997. We did not receive any comments. The facts 
presented in the interim rule still provide a basis for the rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 12988, and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended 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. The interim rule also removed Missouri and Tennessee from the 
list of States quarantined because of pink bollworm. We took this 
action because trapping surveys show that the pink bollworm no longer 
exists in these areas. The action was necessary to relieve unnecessary 
restrictions on the interstate movement of regulated articles from 
these previously regulated areas.
    In 1995, the total U.S. cotton production was approximately 17.97 
million bales of cotton and 8.12 million tons of cotton seed. Cotton 
plays an important role in the international trade of the United 
States. The United States is a net exporter of cotton. In 1995, the 
United States exported approximately 9.4 million bales of cotton, while 
it imported only 6,004 bales of cotton.
    In order to move regulated articles from an area regulated for pink 
bollworm, the articles must either be treated to destroy infestation; 
have originated in noninfested premises in a regulated area and have 
not been exposed to infestation while within the regulated areas; upon 
examination, have been found to be free of infestation; or, have been 
grown, produced, manufactured, stored, or handled in such manner that 
no infestation would be transmitted. Cotton products produced in the 
portions of Arkansas, Missouri, and Tennessee that have been removed 
from the list of regulated areas will no longer be subject to these 
requirements. The treatment costs range approximately between $1.64 and 
$2.47 per bale of cotton or between $0.11 and $0.16 per bushel of 
cottonseed. These costs are minor compared to the crop losses and 
increased production costs that would result from the establishment of 
pink bollworm in the United States. For example, in 1996 the cotton 
pest control costs attributable to pink bollworm infestation were far 
larger than quarantine treatment costs, ranging between $28 and $74 per 
bale. In addition, the costs of treatment compared to the value of 
cotton and cotton products is insignificant. During 1993, 1994, and 
1995, the average price per bale of cotton received by farmers was 
about $315. Thus, quarantine treatment costs, as a percentage of the 
value of cotton, range between 0.5 percent and 0.8 percent.
    The interim rule also amended the regulations by adding a 
previously nonregulated portion of Poinsett County in Arkansas to the 
list of suppressive areas for pink bollworm. The action imposed 
restrictions on the interstate movement of regulated articles from the 
regulated area in Poinsett County in Arkansas, and was necessary to 
prevent the interstate movement of pink bollworm into noninfested 
areas. In 1995, the affected counties in Arkansas, Missouri, and 
Tennessee, including all of Poinsett County, Arkansas, together 
produced 1,042,120 bales of cotton and 472,210 tons of cotton seed. The 
portion of Poinsett County, Arkansas, added to the list of suppressive 
areas by the interim rule produced only about 1,880 bales of cotton and 
750 tons of cotton seed in 1995. There are 4 cotton growers in the 
portion of Poinsett County, Arkansas, that was added to the list of 
suppressive areas. There are 43,046 cotton producing farms in the 
United States. All 4 of the cotton producing farms in the suppressive 
area of Poinsett County, Arkansas, and 97 percent of those in the 
United States are considered to be small entities by the Small Business 
Administration's (SBA) standards (annual gross revenues of less than 
$0.5 million). The average gross income of these farms is much smaller 
than the SBA's standard of $0.5 million. There are also 6 cotton 
related commercial activities in the portion of Poinsett County, 
Arkansas, that is listed as a suppressive area (1 cotton gin, 2 
equipment companies, 2 transport companies, and 1 oil mill). All of 
these are also small entities. The exact sizes and number of entities 
outside the suppressive area in Poinsett County that could be impacted 
by the rule cannot be determined at this time. We expect the impact of 
this rule on affected entities in Poinsett County to be minimal.

[[Page 43457]]

Additionally, as stated previously, the costs that would result from 
the establishment of pink bollworm in the United States are far grater 
than the regulatory burden and quarantine treatment costs imposed on 
affected entities in regulated areas.
    The United States plays an important role in international trade of 
cotton. Losses in cotton produced, or any loss of trade, that would 
result from a widespread pink bollworm infestation, would be very 
costly and harmful to the U.S. gross national income. The risk of 
potential disease spread is of great concern to U.S. exporters of 
cotton. Maintaining high quality standards is essential not only to the 
cotton industry but to the U.S. economy as a whole. Continued 
regulation ensures that importers of U.S. cotton and other raw cotton 
products will maintain their confidence in the safety of U.S. produced 
cotton products.
    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.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 62 
FR 23943-23945 on May 2, 1997.

    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).

    Done in Washington, DC, this 8th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-21522 Filed 8-13-97; 8:45 am]
BILLING CODE 3410-34-P