Pink Bollworm Regulated Areas

SUMMARY: We are amending the pink bollworm regulations by adding

certain portions of Dyer and Lauderdale Counties in Tennessee to the

list of suppressive areas for pink bollworm and by adding Tennessee to

the list of States quarantined because of pink bollworm. This action

will impose restrictions on the interstate movement of regulated

articles from those regulated areas in Dyer and Lauderdale Counties,

TN. This action is necessary to prevent the interstate movement of pink

bollworm into noninfested areas.

DATES: Interim rule effective August 30, 1994. Consideration will be

given only to comments received on or before October 31, 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. 94-082-1. 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 comment reading room.

FOR FURTHER INFORMATION CONTACT: Ms. Coanne E. O'Hern, Assistant

Operations Officer, Domestic and Emergency Operations, Plant Protection

and Quarantine, APHIS, USDA, room 645, 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

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, eradication of pink bollworm infestations

is undertaken as an objective only in places that are designated as

suppressive areas.

Prior to the effective date of this document, Tennessee contained

no areas regulated because of pink bollworm. However, surveys conducted

by inspectors of the United States Department of Agriculture (USDA) and

by State agencies in Tennessee have established that pink bollworm has

spread into areas of Dyer and Lauderdale Counties, TN. Therefore, in

order to prevent the further spread of pink bollworm, we are amending

the list of regulated areas in Sec. 301.52-2a of the regulations by

designating portions of Dyer and Lauderdale Counties, TN, as pink

bollworm suppressive areas. Descriptions of those areas designated as

suppressive areas are set forth in the rule portion of this document.

We are also adding Tennessee to the list in Sec. 301.52(a) of States

that are quarantined because of pink bollworm.

Section 301.52-2 of the regulations states that less than an entire

quarantined State will be designated as a regulated area only if the

State is enforcing a quarantine or regulations that impose restrictions

on the intrastate movement of regulated articles that are substantially

the same as those imposed with respect to the interstate movement of

such articles under the Federal regulations. Tennessee has elected to

regulate the intrastate movement of regulated articles from the

designated areas of Dyer and Lauderdale Counties under the State's

Plant Pest Act of 1955.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is necessary to prevent the artificial spread of pink

bollworm to noninfested areas of the United States.

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. It will include a

discussion of any comments we receive and any amendments we are making

to the rule as 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 its

review process required by Executive Order 12866.

This interim rule restricts the interstate movement of regulated

articles from the regulated areas of Dyer and Lauderdale Counties in

Tennessee. Based on information compiled by the Department, we have

determined that there are nine cotton farms and four gin and seed

disposal companies that will be affected by the new restrictions. All

of these farms and gin and seed disposal companies are considered to be

small entities under Small Business Administration criteria.

Approximately 834,000 bales of cotton and 332,000 metric tons of

cottonseed were produced in Tennessee in 1992; of that total, 3,963

bales of cotton and 1,530 metric tons of cottonseed were produced in

those areas of Dyer and Lauderdale Counties affected by this interim

rule. Thus, production in the affected areas of Dyer and Lauderdale

Counties represents only about 0.5 percent of the cotton and 0.5

percent of the cottonseed produced in Tennessee in 1992.

The costs of treating unprocessed cotton and cottonseed to qualify

them for interstate movement is approximately $1.90 per bale of cotton

and $0.13 per bushel of cottonseed. For the 3 most recent marketing

years (1990-1992), the average price per bale of cotton received by

farmers was about $284; the average price per bushel of cottonseed

received by farmers was about $1.60 (USDA, ``Agricultural Statistics

1993,'' U.S. Government Printing Office, Washington, DC, 1993). Thus,

the costs of treatment, seen as a percentage of value, range between

0.5 and 0.8 percent of the value of cotton and between 6 and 9 percent

of the value of cottonseed. The majority of the cotton and cottonseed

produced in the affected areas of Dyer and Lauderdale Counties is sold

for processing, so the amount of cotton and cottonseed produced in the

affected areas that will require treatment for interstate movement is

expected to be small.

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 interim rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This interim rule: (1) Preempts all State and

local laws and regulations that are inconsistent with it; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this interim rule.

Paperwork Reduction Act

This document contains no 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).

Sec. 301.52 [Amended]

2. In Sec. 301.52, paragraph (a) is amended by adding

``Tennessee,'' immediately after ``Oklahoma,''.

3. Section 301.52-2a is amended by adding an entry for Tennessee in

alphabetical order to read as follows:

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

areas.

* * * * *

Tennessee

(1) Generally infested area. None.

(2) Suppressive area.

Dyer County. That portion of the county lying within a 1.5-mile

radius of the intersection of 36 deg. 04'' latitude and 89 deg. 35.5''

longitude; that portion of the county lying within a 1.5-mile radius of

the intersection of 36 deg. 02'' latitude and 89 deg. 36'' longitude;

and that portion of the county lying within a 1.5-mile radius of the

intersection of 36 deg. 05'' latitude and 89 deg. 32'' longitude.

Lauderdale County. That portion of the county lying within a 1.5-

mile radius of the intersection of 35 deg. 54.5'' latitude and 89 deg.

32'' longitude.

* * * * *

Done in Washington, DC, this 24th day of August 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-21349 Filed 8-29-94; 8:45 am]

BILLING CODE 3410-34-P