[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13057]
Federal Register / Vol. 59, No. 103 / Tuesday, May 31, 1994 /
[[Page Unknown]]
[Federal Register: May 31, 1994]
VOL. 59, NO. 103
Tuesday, May 31, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 94-034-1]
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
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
