[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34817-34818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12250]



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  Federal Register / Vol. 67, No. 95 / Thursday, May 16, 2002 / Rules 
and Regulations  

[[Page 34817]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-031-1]


Pink Bollworm Regulated Areas; Removal of Oklahoma

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 
State of Oklahoma from the lists of quarantined States and regulated 
areas. Statewide trapping surveys conducted over the last 2 years have 
shown Oklahoma to be free of pink bollworm. This action will relieve 
restrictions on the interstate movement of regulated articles from 
Oklahoma that are no longer necessary.

DATES: This interim rule is effective May 16, 2002. We will consider 
all comments we receive that are postmarked, delivered, or e-mailed by 
July 15, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-031-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-031-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-031-1'' on the subject line.
    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. William J. Grefenstette, Assistant 
Director, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 138, 
Riverdale, MD 20737-1231; (301) 734-8676.

SUPPLEMENTARY INFORMATION:

Background

    The pink bollworm (Pectinophora gossypiella (Saunders)) is a 
destructive cotton pest found throughout many of the cotton-growing 
regions of the world. The larvae of the pink bollworm feed inside 
growing cotton bolls, destroying the cotton.
    The regulations in Subpart--Pink Bollworm (7 CFR 301.52 through 
301.52-10, referred to below as the regulations) contain quarantine 
restrictions aimed at preventing the spread of the pink bollworm. 
Section 301.52 contains, among other things, lists of quarantined 
States and regulated articles. These regulated articles include cotton, 
cotton seed, lint and linters, cotton waste, and other articles 
associated with cotton, as well as other commodities, such as kenaf and 
okra, on which the pink bollworm also feeds. These articles must meet 
specific certification, permitting or safeguarding requirements when 
moving between States or areas. Section 301.52-2a lists regulated 
areas, which are divided into two types, suppressive areas and 
generally infested areas. Section 301.52-3 outlines conditions 
governing the interstate movement of regulated articles from 
quarantined States.
    The State of Oklahoma has been listed in Sec. 301.52 as a 
quarantined State and, in the list of regulated areas in Sec. 301.52-
2a, the entire State has been designated as a generally infested area. 
However, Statewide trapping surveys conducted over the last 2 years 
have shown Oklahoma to be free of pink bollworm. Areas found to be free 
of pink bollworm infestation for at least 2 years meet our standards 
for removal from lists of quarantined States and regulated areas. 
Because Oklahoma has been free of pink bollworm for at least 2 years, 
we are amending the regulations by removing Oklahoma from the lists of 
quarantined States in Sec. 301.52 and regulated areas in Sec. 301.52-
2a.

Miscellaneous

    In addition to the provisions of this interim rule discussed above, 
we are also making two nonsubstantive editorial changes to Sec. 301.52-
1 in this document. First, we are removing the paragraph designations 
from the definitions in that section for the sake of consistency with 
our other regulations in title 7, where the definitions are set out in 
alphabetical order without paragraph designations. Second, we are 
revising the footnote that appears in the definition of Treatment 
manual so that the footnote accurately describes the Plant Protection 
and Quarantine Treatment Manual's incorporation by reference.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
interstate movement of regulated articles from Oklahoma that are no 
longer necessary. Under these circumstances, the Administrator has 
determined that prior notice and opportunity for public comment are 
contrary to the public interest and that there is good cause under 5 
U.S.C. 553 for making this action effective less than 30 days after 
publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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,

[[Page 34818]]

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 State 
of Oklahoma from the lists of quarantined States in Sec. 301.52 and 
regulated areas in Sec. 301.52-2a. Statewide trapping surveys conducted 
over the last 2 years have shown that Oklahoma has been free of pink 
bollworm during that entire period and has, therefore, met our 
standards for removal from the lists cited above. This action will 
relieve restrictions on the interstate movement of regulated articles 
from Oklahoma that are no longer necessary.
    The entities most likely to be affected by this action are Oklahoma 
cotton producers. In 1997, there were 849 cotton farms in Oklahoma, 
which produced $50.89 million worth of cotton.\1\ On average then, each 
farm produced approximately $60,000 worth of cotton. Under the 
guidelines of the Small Business Administration, a small cotton farm is 
described as having $750,000 or less in annual revenue. Approximately 
99 percent of all cotton farms in Oklahoma in 1997 could be classified 
as small entities.
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    \1\ 1997 Census of Agriculture.
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    The largest quarantine-related expenses for small cotton growers in 
Oklahoma would have resulted from the treatment requirements that apply 
to used cotton harvesting, ginning, and oil mill equipment, cotton 
seed, and raw (non-ginned) cotton being moved interstate. These 
requirements appear to have had little economic effect; their removal 
should also have little effect.
    Cotton producers in Oklahoma have been required to clean their used 
cotton harvesting, ginning, or oil mill equipment if moving it 
interstate to a non-quarantined area. APHIS personnel in Oklahoma 
estimate that the average cost to have that equipment cleaned and 
cleared for interstate movement varies from $300 to $700 per machine. 
While no data are currently available, it is believed that very few 
cotton producers in Oklahoma incur these costs because very few move 
machinery out of the State.
    Cotton seed and raw cotton produced in a regulated area must be 
fumigated before being moved interstate to non-quarantined areas. 
Current costs to Oklahoma cotton producers for this fumigation are not 
available, due to the lack of interstate movement of cotton seed and 
raw cotton from Oklahoma over the last several years. The presence of 
more-than-adequate facilities within the State for processing cotton 
seed and ginning raw cotton means that producers do not need to move 
cotton seed or raw cotton across State lines for these purposes.
    In summary, removing Oklahoma from the lists of quarantined States 
and regulated areas for pink bollworm is expected to have little or no 
economic impact on small entities. Any effects that do occur will 
likely be 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.

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 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, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.

    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

Sec. 301.52  [Amended]

    2. In Sec. 301.52, paragraph (a) is amended by removing the word 
``Oklahoma,''.


    3. In Sec. 301.52-1, the paragraph designations are removed, and 
footnote 2 is revised to read as follows:


Sec. 301.52-1  Definitions.

* * * * *
    2The Plant Protection and Quarantine Treatment Manual is 
incorporated by reference at Sec. 300.1 of this chapter.


Sec. 301.52-2a  [Amended]

    4. Section 301.52-2a is amended by removing the entry for Oklahoma.

    Done in Washington, DC, this 10th day of May, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-12250 Filed 5-15-02; 8:45 am]
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