Pink Bollworm Regulated Areas

SUMMARY: We are amending the pink bollworm regulations by removing

Craighead, Cross, Greene, Monroe, Poinsett, and St. Francis Counties in

Arkansas; Concordia Parish in Louisiana; and Washington County in

Mississippi from the list of suppressive areas and removing Louisiana

and Mississippi from the list of States quarantined because of the pink

bollworm. This action relieves unnecessary restrictions on the

interstate movement of regulated articles from certain previously

regulated areas.

DATES: Interim rule effective May 31, 1994. Consideration will be given

only to comments received on or before August 1, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 94-034-1. 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 reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Sidney E. Cousins, Senior

Operations Officer, Plant Protection and Quarantine, APHIS, USDA, room

643, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301)

436-6365.

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. However, the management and containment of pink

bollworm is undertaken as an objective only in places that are

designated as suppressive areas.

Prior to the effective date of this document, Craighead, Cross,

Greene, Monroe, Poinsett and St. Francis Counties, AR; Concordia

Parish, LA; and Washington County, MS, were designated as suppressive

areas. Based on 2 years of negative trapping surveys conducted by

inspectors of Arkansas, Louisiana, and Mississippi State and county

agencies, and by inspectors of the Animal and Plant Health Inspection

Service (APHIS), we have determined that pink bollworm has been

eradicated from these counties. We are, therefore, removing these areas

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 Louisiana or Mississippi regulated because of the pink bollworm. We

are, therefore, also removing Louisiana and Mississippi 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 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 including 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 interim rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived the

review process required by Executive Order 12866.

This regulation relieves restrictions on the interstate movement of

regulated articles from certain previously regulated areas in Arkansas,

Louisiana, and Mississippi. There are 114 cotton related commercial

activities in the eight counties, including cotton producers, cotton

gins, equipment dealers, equipment auction companies and storage

facilities. Approximately 95 percent are small entities according to

standards set by the Small Business Administration. They will

experience a modest economic benefit as a result of this rule, since

they will no longer be required to comply with the treatment and

handling requirements contained in the pink bollworm regulations. We

estimate that each of these entities will save approximately $150 to

$930 annually.

Further, since the total production of cotton and cottonseed by the

affected counties is small (less than 4 percent of U.S. production),

the effect on national prices is expected to be insignificant.

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 12778

This rule has been reviewed under Executive Order 12778, 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 document contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1980

(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. 150bb, 150dd, 150ee, 150ff, 161, 162, and

164-167; 7 CFR 2.17, 2.51, and 371.2(c).

2. 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 Louisiana and all of the material pertaining to

Louisiana are removed.

c. The entry for to Mississippi and all of the material pertaining

to Mississippi are removed.

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

areas.

* * * * *

Arkansas

(1) Generally infested area. None.

(2) Suppressive Area.

Clay County. The entire county.

Crittenden County. The entire county.

Mississippi County. The entire county.

* * * * *

Done in Washington, DC, this 23rd day of May 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-13057 Filed 5-27-94; 8:45 am]

BILLING CODE 3410-34-P