[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Rules and Regulations]
[Pages 11203-11204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5054]



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 Rules and Regulations
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  Federal Register/Vol. 65, No. 42/Thursday, March 2, 2000/Rules and 
Regulations  

[[Page 11203]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-009-1]


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 the 
previously regulated area in Poinsett County, AR, from the list of 
suppressive areas for pink bollworm. We are also removing Arkansas from 
the list of States quarantined because of the pink bollworm. We are 
taking this action because trapping surveys show that the pink bollworm 
no longer exists in this area. This action is necessary to relieve 
unnecessary restrictions on the interstate movement of regulated 
articles from the previously regulated area.

DATES: This interim rule is effective March 2, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by May 1, 2000.

ADDRESSES: Please send your comment and three copies to:

Docket No. 00-009-1, Regulatory Analysis and Development, PPD APHIS, 
Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238

Please state that your comment refers to Docket No. 00-009-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Grefenstette, Assistant 
Director, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 138, 
Riverdale, MD 20737-1236; (301) 734-8676.

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 the 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, a portion of Poinsett 
County, AR, was designated as a suppressive area. Based on 2 years of 
negative trapping surveys conducted by inspectors of Arkansas and the 
Animal and Plant Health Inspection Service, we have determined that the 
pink bollworm no longer exists in this area. We are, therefore, 
removing this area 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 Arkansas regulated because of the pink bollworm. We are, therefore, 
also removing Arkansas 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 this 
action effective less than 30 days after publication. 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. The document 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.
    We are amending the pink bollworm regulations by removing the 
previously regulated area in Poinsett County, AR, from the list of 
suppressive areas for pink bollworm. We are also removing Arkansas from 
the list of States quarantined because of the pink bollworm. We are 
taking this action because trapping surveys show that the pink bollworm 
no longer exists in this area. This action is necessary to relieve 
unnecessary restrictions on the interstate movement of regulated 
articles from the previously regulated area.
    This emergency situation makes 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 would 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604

[[Page 11204]]

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 interim 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 interim 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.

    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 word 
``Arkansas,''.


Sec. 301.52-2A  [Amended]

    3. Section 301.52-2a is amended by removing the entire entry for 
Arkansas.

    Done in Washington, DC, this 24th day of February 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-5054 Filed 3-1-00; 8:45 am]
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