Pink Bollworm Regulated Areas

SUMMARY: We are amending the pink bollworm regulations by removing

portions of Clay, Crittenden, and Mississippi Counties in Arkansas from

the list of suppressive areas for pink bollworm. We are taking this

action because trapping surveys show that the pink bollworm no longer

exists in these areas. This action is necessary to relieve unnecessary

restrictions on the interstate movement of regulated articles from

these previously regulated areas.

DATES: Interim rule effective August 28, 1995. Consideration will be

given only to comments received on or before October 27, 1995.

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

Docket No. 95-026-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-026-1. 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: Mr. Sidney Cousins, Senior Operations

Officer, Domestic and Emergency Operations, PPQ, APHIS, Suite 4C03,

4700 River Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.

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.

Prior to the effective date of this document, Clay, Crittenden, and

Mississippi Counties in Arkansas were designated as suppressive areas.

Based on 2 years of negative trapping surveys conducted by inspectors

of Arkansas State and county agencies, and by inspectors of the Animal

and Plant Health Inspection Service (APHIS), we have determined that

pink bollworm no longer exists in portions of these counties. We are,

therefore, removing those portions of these counties from the list of

suppressive areas in Sec. 301.52-2a. The portions of the counties that

remain listed as suppressive areas are described in the rule portion of

this document.

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. It 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.

This regulation relieves restrictions on the interstate movement of

regulated articles from certain previously regulated areas in Arkansas.

There are 571 cotton related commercial activities in the three

counties, including cotton producers, cotton gins, seed storage

facilities, and cotton harvesting and equipment dealers. Approximately

90 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 affected entities will save

between $1.52 to $2.28 per cotton bale for current treatments and about

$250 per piece of harvesting equipment for current fumigations.

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

affected counties is less than 3 percent of the U.S. production of

cotton, 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

[[Page 44416]]

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 rule 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).

2. In Sec. 301.52-2a the entry for Arkansas is revised to read as

follows:

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

areas.

* * * * *

Arkansas

(1) Generally infested area. None.

(2) Suppressive area.

Clay County. That portion of the county bounded by Highway 90

west from the Missouri State line to Highway 139, Highway 139 north

to the junction of Highways 62 and 1, and Highway 1 east to the

Missouri State line.

Crittenden County. T. 8 N., R. 8 E.

Mississippi County. That portion of the county bounded by

Highway 120 west from the Mississippi River to Highway 61, Highway

61 south to Highway 158, Highway 158 west to Highway 77, Highway 77

north to Highway 119, and Highway 119 north to the Missouri State

line.

* * * * *

Done in Washington, DC, this 21st day of August 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-21188 Filed 8-25-95; 8:45 am]

BILLING CODE 3410-34-P