[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Rules and Regulations]
[Pages 43455-43457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21522]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-023-2]
Pink Bollworm Regulated Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended 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
[[Page 43456]]
Tennessee from the list of suppressive areas for pink bollworm. The
interim rule also removed Missouri and Tennessee from the list of
States quarantined because of pink bollworm. We took this action
because trapping surveys show that the pink bollworm no longer exists
in these areas. The action was necessary to relieve unnecessary
restrictions on the interstate movement of regulated articles from the
previously regulated areas. The interim rule also amended the
regulations by adding a previously nonregulated portion of Poinsett
County in Arkansas to the list of suppressive areas for pink bollworm.
The action imposed restrictions on the interstate movement of regulated
articles from the regulated area in Poinsett County in Arkansas, and
was necessary to prevent the interstate movement of pink bollworm into
noninfested areas.
EFFECTIVE DATE: The interim rule was effective on May 2, 1997.
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
In an interim rule effective and published in the Federal Register
on May 2, 1997 (62 FR 23943-23945, Docket No. 97-023-1), we amended the
pink bollworm regulations in 7 CFR 301.52 through 301.52-10 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 in Sec. 301.52-2a.
The interim rule also removed Missouri and Tennessee from the list in
Sec. 301.52-2a of States quarantined because of pink bollworm. We took
this action because trapping surveys show that the pink bollworm no
longer exists in these areas. The action was necessary to relieve
unnecessary restrictions on the interstate movement of regulated
articles from these previously regulated areas. The interim rule also
amended the regulations by adding a previously nonregulated portion of
Poinsett County in Arkansas to the list of suppressive areas for pink
bollworm in Sec. 301.52-2a. The action imposed restrictions on the
interstate movement of regulated articles from the regulated area in
Poinsett County in Arkansas, and was necessary to prevent the
interstate movement of pink bollworm into noninfested areas.
Comments on the interim rule were required to be received on or
before July 1, 1997. We did not receive any comments. The facts
presented in the interim rule still provide a basis for the rule.
This action also affirms the information contained in the interim
rule concerning Executive Orders 12866, 12372, and 12988, and the
Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
Regulatory Flexibility Act
This rule affirms an interim rule that amended 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. The interim rule also removed Missouri and Tennessee from the
list of States quarantined because of pink bollworm. We took this
action because trapping surveys show that the pink bollworm no longer
exists in these areas. The action was necessary to relieve unnecessary
restrictions on the interstate movement of regulated articles from
these previously regulated areas.
In 1995, the total U.S. cotton production was approximately 17.97
million bales of cotton and 8.12 million tons of cotton seed. Cotton
plays an important role in the international trade of the United
States. The United States is a net exporter of cotton. In 1995, the
United States exported approximately 9.4 million bales of cotton, while
it imported only 6,004 bales of cotton.
In order to move regulated articles from an area regulated for pink
bollworm, the articles must either be treated to destroy infestation;
have originated in noninfested premises in a regulated area and have
not been exposed to infestation while within the regulated areas; upon
examination, have been found to be free of infestation; or, have been
grown, produced, manufactured, stored, or handled in such manner that
no infestation would be transmitted. Cotton products produced in the
portions of Arkansas, Missouri, and Tennessee that have been removed
from the list of regulated areas will no longer be subject to these
requirements. The treatment costs range approximately between $1.64 and
$2.47 per bale of cotton or between $0.11 and $0.16 per bushel of
cottonseed. These costs are minor compared to the crop losses and
increased production costs that would result from the establishment of
pink bollworm in the United States. For example, in 1996 the cotton
pest control costs attributable to pink bollworm infestation were far
larger than quarantine treatment costs, ranging between $28 and $74 per
bale. In addition, the costs of treatment compared to the value of
cotton and cotton products is insignificant. During 1993, 1994, and
1995, the average price per bale of cotton received by farmers was
about $315. Thus, quarantine treatment costs, as a percentage of the
value of cotton, range between 0.5 percent and 0.8 percent.
The interim rule also amended the regulations by adding a
previously nonregulated portion of Poinsett County in Arkansas to the
list of suppressive areas for pink bollworm. The action imposed
restrictions on the interstate movement of regulated articles from the
regulated area in Poinsett County in Arkansas, and was necessary to
prevent the interstate movement of pink bollworm into noninfested
areas. In 1995, the affected counties in Arkansas, Missouri, and
Tennessee, including all of Poinsett County, Arkansas, together
produced 1,042,120 bales of cotton and 472,210 tons of cotton seed. The
portion of Poinsett County, Arkansas, added to the list of suppressive
areas by the interim rule produced only about 1,880 bales of cotton and
750 tons of cotton seed in 1995. There are 4 cotton growers in the
portion of Poinsett County, Arkansas, that was added to the list of
suppressive areas. There are 43,046 cotton producing farms in the
United States. All 4 of the cotton producing farms in the suppressive
area of Poinsett County, Arkansas, and 97 percent of those in the
United States are considered to be small entities by the Small Business
Administration's (SBA) standards (annual gross revenues of less than
$0.5 million). The average gross income of these farms is much smaller
than the SBA's standard of $0.5 million. There are also 6 cotton
related commercial activities in the portion of Poinsett County,
Arkansas, that is listed as a suppressive area (1 cotton gin, 2
equipment companies, 2 transport companies, and 1 oil mill). All of
these are also small entities. The exact sizes and number of entities
outside the suppressive area in Poinsett County that could be impacted
by the rule cannot be determined at this time. We expect the impact of
this rule on affected entities in Poinsett County to be minimal.
[[Page 43457]]
Additionally, as stated previously, the costs that would result from
the establishment of pink bollworm in the United States are far grater
than the regulatory burden and quarantine treatment costs imposed on
affected entities in regulated areas.
The United States plays an important role in international trade of
cotton. Losses in cotton produced, or any loss of trade, that would
result from a widespread pink bollworm infestation, would be very
costly and harmful to the U.S. gross national income. The risk of
potential disease spread is of great concern to U.S. exporters of
cotton. Maintaining high quality standards is essential not only to the
cotton industry but to the U.S. economy as a whole. Continued
regulation ensures that importers of U.S. cotton and other raw cotton
products will maintain their confidence in the safety of U.S. produced
cotton products.
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.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Incorporation by reference, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 62
FR 23943-23945 on May 2, 1997.
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).
Done in Washington, DC, this 8th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-21522 Filed 8-13-97; 8:45 am]
BILLING CODE 3410-34-P
