Pink Bollworm Regulated Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-023-1]

Pink Bollworm Regulated Areas

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 all

or portions of previously regulated areas in Clay, Crittenden, and

Mississippi Counties in Arkansas; Dunklin, New Madrid, and Pemiscot

Counties in Missouri; and Dyer and Lauderdale Counties in Tennessee

from the list of suppressive areas for pink bollworm. We are also

removing Missouri and Tennessee from the list of States quarantined

because of pink bollworm. We are taking this action because trapping

surveys show that the pink

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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. This rule

also adds a previously nonregulated portion of Poinsett County in

Arkansas to the list of suppressive areas for pink bollworm. This

action imposes restrictions on the interstate movement of regulated

articles from the regulated area in Poinsett County in Arkansas. This

action is necessary to prevent the interstate movement of pink bollworm

into noninfested areas.

DATES: Interim rule effective May 2, 1997. Consideration will be given

only to comments received on or before July 1, 1997.

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

Docket No. 97-023-1, 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. 97-023-1. 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. Gary Cunningham, Chief Operations

Officer, Program Support Staff, PPQ, APHIS, suite 4C09, 4700 River Road

Unit 138, Riverdale, MD 20737-1236, (301) 734-8676; or e-mail:

[email protected].

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, all or portions of

Clay, Crittenden, and Mississippi Counties in Arkansas; Dunklin, New

Madrid, and Pemiscot Counties in Missouri; and Dyer and Lauderdale

Counties in Tennessee were designated as suppressive areas. Based on 2

years of negative trapping surveys conducted by inspectors of Arkansas,

Missouri, and Tennessee 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 these areas. We are,

therefore, removing these areas from the list of suppressive areas in

Sec. 301.52-2a.

However, surveys conducted by inspectors of APHIS and by State

agencies in Arkansas have established that pink bollworm has spread

into a portion of Poinsett County, AR. Therefore, in order to prevent

the further spread of pink bollworm, we are also amending the list of

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

portion of Poinsett County, AR, as a pink bollworm suppressive area. A

description of the area designated as a suppressive area is set forth

in the rule portion of this document.

As of the effective date of this document, there will be no areas

in Missouri or Tennessee regulated because of the pink bollworm. We

are, therefore, also removing Missouri and Tennessee 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

necessary to prevent the interstate movement of pink bollworm to

noninfested areas of the United States, and is warranted to relieve

unnecessary restrictions on the interstate movement of regulated

articles from areas where 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 interim rule relieves unnecessary restrictions on the

interstate movement of regulated articles from certain areas previously

regulated for pink bollworm in Arkansas, Missouri, and Tennessee. This

interim rule also imposes restrictions on the interstate movement of

regulated articles from a portion of Poinsett County in Arkansas in

order to prevent the interstate movement of pink bollworm into

noninfested areas.

This emergency situation make compliance with section 603 and

timely compliance with section 604 of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) impracticable. If we determine that this rule will

have a significant economic impact on a substantial number of small

entities, then we will discuss the issues raised by section 604 of the

Regulatory Flexibility Act in our Final Regulatory Flexibility

Analysis.

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 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.

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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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 301.52 [Amended]

2. In Sec. 301.52, paragraph (a) is amended by removing the words

``Missouri,'' and ``Tennessee,''.

3. 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 Missouri and all of the material pertaining to

Missouri are removed.

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

Tennessee are removed.

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

areas.

* * * * *

Arkansas

(1) Generally infested area. None.

(2) Suppressive area.

Poinsett County. T. 12 N., R. 5 E.; Sections 22, 23, 24, 25, 26,

27, 34, 35, and 36.

* * * * *

Done in Washington, DC, this 25th day of April 1997.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-11463 Filed 5-1-97; 8:45 am]

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