[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 23943-23945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11463]
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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
[[Page 23944]]
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:
gcunningham@hal.aphis.usda.gov.
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.
[[Page 23945]]
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]
BILLING CODE 3410-34-P
