[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54139-54140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22965]



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  Federal Register / Vol. 65, No. 174 / Thursday, September 7, 2000 / 
Rules and Regulations  

[[Page 54139]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-009-2]


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 the 
previously regulated area in Poinsett County, AR, from the list of 
suppressive areas for pink bollworm and by removing Arkansas from the 
list of States quarantined because of the pink bollworm. We took that 
action because trapping surveys showed that the pink bollworm no longer 
exists in this area, which was the only area in the State regulated 
because of pink bollworm. The interim rule relieved unnecessary 
restrictions on the interstate movement of regulated articles from the 
previously regulated area.

EFFECTIVE DATE: The interim rule became effective on March 2, 2000.

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

    In an interim rule effective and published in the Federal Register 
on March 2, 2000 (65 FR 11203-11204, Docket No. 00-009-1), we amended 
the pink bollworm regulations in 7 CFR part 301 by removing the 
previously regulated area in Poinsett County, AR, from the list of 
suppressive areas for pink bollworm. We also removed Arkansas from the 
list of States quarantined because of the pink bollworm.
    Comments on the interim rule were required to be received on or 
before May 1, 2000. We did not receive any comments. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final 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 regulations by 
removing the previously regulated area in Poinsett County, AR, from the 
list of suppressive areas for pink bollworm and by removing Arkansas 
from the list of States quarantined because of the pink bollworm. We 
took that action because trapping surveys showed that the pink bollworm 
no longer exists in this area, which was the only area in the State 
regulated because of pink bollworm. The interim rule relieved 
unnecessary restrictions on the interstate movement of regulated 
articles from the previously regulated area.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    Entities affected by this rule could be cotton and cottonseed 
farms, cotton harvesting businesses, cotton gins, cottonseed oil mills, 
and wholesale cotton merchants operating in the previously regulated 
area. Affected gins and growers no longer need to acquire a certificate 
or permit to move their cotton or cottonseed from the area. Other items 
that no longer require certificates or permits before movement include 
bags, harvesting equipment, cotton refuse, trucks, and trailers.
    In 1997, when the area of Poinsett County affected by this 
rulemaking was listed as a suppressive area for pink bollworm, we 
determined that there were 4 cotton growers in the area who produced 
about 1,880 bales of cotton and 750 tons of cottonseed in 1995. 
Additionally, one cotton gin, two equipment companies, two transport 
companies, and one oil mill were identified as potentially affected 
small entities in the regulated area. In all cases, the economic effect 
of regulating the area was expected to be minimal because of the 
availability of treatments.
    Affected entities are likely to receive some small benefit from our 
removing restrictions related to pink bollworm. From 1997 to 1999, the 
average price of cotton was about $296 per bale. The treatment cost for 
pink bollworm in 1997 ranged from $.64 to $2.47 per bale of cotton. 
Even if the average treatment price of $2.06 per bale had increased by 
40 percent in the last 3 years, it would still represent less than 1 
percent of the price of cotton. Similarly, for cottonseed, if the 
average 1997 treatment price of $.135 per bushel had increased by 20 
percent in the last 3 years, it would still represent only about 1 
percent of the price of cottonseed. The 10 affected entities in 
Poinsett County do not represent a substantial number of small entities 
given the tens of thousands of cotton producers and related businesses 
operating in the United States. Further, any economic effect of the 
rule on these entities is expected to be insignificant, given that the 
treatment costs are less than 1 percent of the value of the cotton and 
the cottonseed, and positive.
    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, 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 65 
FR 11203-11204 on March 2, 2000.

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 CFR 2.22, 2.80, and 371.3.


[[Page 54140]]


    Done in Washington, DC, this 31st day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-22965 Filed 9-6-00; 8:45 am]
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