FR Doc E6-18150

[Federal Register: October 31, 2006 (Volume 71, Number 210)]
[Proposed Rules]
[Page 63707-63717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc06-18]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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[[Page 63707]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0002]
RIN 0579-AB91

Boll Weevil; Quarantine and Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to establish domestic boll weevil regulations
that would restrict the interstate movement of regulated articles
within regulated areas and from regulated areas into or through
nonregulated areas in commercial cotton-producing States. The proposed
regulations would help prevent the artificial spread of boll weevil
into noninfested areas of the United States and the reinfestation of
areas from which the boll weevil has been eradicated.

DATES: We will consider all comments that we receive on or before
January 2, 2006.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
, select ``Animal and Plant Health Inspection

Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0002 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0002, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0002.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. William Grefenstette, National
Coordinator, Boll Weevil Eradication Program, PPQ, APHIS, 4700 River
Road Unit 138, Riverdale, MD 20737-1236; (301) 734-8676.

SUPPLEMENTARY INFORMATION:

Background

The boll weevil, Anthonomus grandis, is a very destructive pest of
cotton. This pest can cause serious economic losses by lowering the
yield and quality of cotton crops. All portions of the plant may be
affected, but the greatest damage occurs to the fruiting structures
such as the flower buds, blooms, and bolls. This damage reduces the
quality and quantity of the harvested lint or seed. Heavy infestations
can result in complete loss of the crop.
Cotton production is an important element of the U.S. agricultural
economy. It is the fourth most valuable crop in the United States after
corn, soybeans, and wheat, with cotton production in 2003 valued at
$5.5 billion, and cottonseed production at $779 million. Cotton and
cotton products exported by the United States generated $5.2 billion.
The boll weevil is the principal pest of this major industry, having
caused losses to the nation's economy estimated at $22 billion since
its introduction into the United States. Boll weevil eradication
efforts have provided stability for the U.S. cotton industry and
strengthened its ability to compete on the world market.
The current boll weevil eradication program is a cooperative
Federal, State, and industry effort that has helped to reduce cotton
losses to the boll weevil in recent years. A number of formerly
infested States or portions of States are now free of this pest.
Growers have benefited from significantly lower production costs and
higher yields. Without effective quarantine measures, however, these
higher yields would not be realized. It is also possible that, because
of reinfestation, losses will again begin to mount in areas in which
the boll weevil had been previously eradicated.
Because the boll weevil is a migratory pest, it is necessary for
States to cooperate within regions to ensure the success of control
programs. These control programs have been voluntary in the past and as
a result we are very close to eradicating this pest. Although some
individual growers have successfully controlled boll weevils in their
fields, neighboring areas often contribute to reinfestations. The boll
weevil's movement is largely dependent on wind direction and speed, but
it has been known to travel up to 169 miles, often causing
reinfestations across State lines.
Officials of the Animal and Plant Health Inspection Service
(APHIS), cotton grower foundations, and affected States have conducted
successful eradication programs over the years, moving sequentially
across the infested areas. This has been achieved in the context of
zones within States that have agreed to engage in eradication
activities and place restrictions on the movement of certain articles
from infested suppressive areas to prevent the spread of the boll
weevil throughout cotton-producing States. We believe that Federal
regulations are necessary to restrict the interstate movement of
certain articles from areas which may become generally infested in the
future and from current suppressive areas to help prevent the
artificial spread of the boll weevil to noninfested areas. This is to
encourage all cotton producers to remain diligent in their
participation of eradication activities.
We are proposing to amend the domestic quarantine notices in 7 CFR
part 301 by adding a new subpart, ``Boll Weevil'' (Sec. Sec. 301.54
through 301.54-9, referred to below as the regulations). The
regulations would provide for the designation of regulated areas, both

[[Page 63708]]

generally infested and suppressive areas, within cotton-producing
States because of the boll weevil. The regulations would restrict the
interstate movement of regulated articles within regulated areas and
from regulated areas into or through nonregulated areas in commercial
cotton producing States. These proposed provisions are described in
detail below.

Restrictions on Interstate Movement of Regulated Articles (Proposed
Sec. 301.54)

In Sec. 301.54, paragraph (a) would prohibit the interstate
movement of regulated articles from any regulated area into or through
any commercial cotton-producing area except in accordance with the
regulations. This paragraph would also contain a footnote explaining
that any properly identified inspector is authorized, upon probable
cause, to stop and inspect persons and means of conveyance moving in
interstate commerce and to hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of regulated
articles as provided in section 414 of the Plant Protection Act (7
U.S.C. 7714, 7731). Paragraph (b) of this section would contain a list
of States designated as commercial cotton-producing areas. These States
are Alabama, Arizona, Arkansas, California, Florida, Georgia, Kansas,
Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Mexico, North
Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.

Definitions (Proposed Sec. 301.54-1)

Section 301.54-1 would contain definitions of the following terms:
Administrator, Animal and Plant Health Inspection Service (APHIS), boll
weevil, certificate, compliance agreement, cotton, cotton lint, cotton
products, departmental permit, generally infested area, gin motes, gin
trash, gin waste, infestation, inspector, interstate, limited permit,
linters, moved (move, movement), oil mill waste, person, Plant
Protection and Quarantine (PPQ), regulated area, regulated article,
seed cotton, State, suppressive area, and used cotton equipment. These
terms and their proposed definitions are set out in the proposed
regulatory text at the end of this document.

Regulated Articles (Proposed Sec. 301.54-2)

Certain articles present a risk of spreading the boll weevil if
they are moved from regulated areas without restrictions. We call these
articles regulated articles, and would impose restrictions on their
movement because the boll weevil can survive in these materials if
present and could possibly be transported to noninfested areas.
Paragraphs (a) through (f) of Sec. 301.54-2 list the following as
regulated articles:
The boll weevil, in any living stage of development;
Cotton, including wild cotton and ornamental cotton, but
excluding commercial bales and cottonseed;
Seed cotton;
Gin trash;
Used cotton harvesting or processing equipment; and
Any other product, article, or means of conveyance when an
inspector determines that it presents a risk of spreading the boll
weevil and the person in possession of the product, article, or means
of conveyance has been notified in writing that it is subject to the
restrictions in the regulations.
The last item listed above, which provides for the designation of
``any other product, article, or means of conveyance'' as a regulated
article, is intended to address the risks presented by, for example, a
truck that may have inadvertently picked up plant material or adult
boll weevils while driving through fields, thus enabling an inspector
to designate that truck as a regulated article in order to ensure that
any necessary risk-mitigating measures are carried out.

Regulated Areas (Proposed Sec. 301.54-3)

Paragraph (a) of Sec. 301.54-3 would provide the criteria for the
inclusion of States, or portions of States, in the list of regulated
areas. Under these criteria, any State or portion of a State in which
the boll weevil is found by an inspector, in which the Administrator
has reason to believe that the boll weevil is present, or when the
Administrator considers it necessary due to the area's inseparability
for quarantine enforcement purposes from localities in which the boll
weevil has been found, will be listed as a regulated area. These
criteria also provide that an area will be designated as a regulated
area when the Administrator determines that minimum pest surveillance
and control activities are not maintained (see following paragraph for
a discussion about these activities). As noted previously, eradication
efforts are underway in some States or portions of States. Thus, this
paragraph would also provide that the Administrator may designate a
part of a regulated area as a suppressive area after determining that
eradication of infestation is being undertaken as an objective in that
part of the regulated area; any part of a regulated area that is not
designated as a suppressive area will be designated as a generally
infested area.
We are proposing that each cotton-producing State, or legally
defined zone within a State, would be designated as a regulated area
when growers fail to maintain minimum pest surveillance and control
activities to prevent reinfestation of that area as well as surrounding
areas by the boll weevil. These activities would consist of the annual
installation and monitoring of boll weevil pheromone traps, and the
application of effective control measures if boll weevils are detected.
APHIS would work with entomological experts to determine appropriate
minimum trapping densities in each particular area; trapping densities
would be based on an area's proximity to existing infestations and
susceptibility to reinfestation. Effective control measures would
involve the demonstrated ability to apply in a timely manner, by
aircraft or ground equipment, materials that have proven effective in
eradicating the boll weevil. Such applications would have to be made
within 48 hours of detecting a reinfestation. Failure by cotton growers
within a State or zone where boll weevil is not known to be present to
maintain the prescribed minimum standards of detection and control
would result in the area being listed as a regulated area. We invite
comment on our proposed requirements for minimum pest surveillance and
control activities.
Paragraph (a) of Sec. 301.54-3 would also provide that we will
designate less than an entire State as a regulated area only if we
determine that the State has adopted and is enforcing restrictions on
the intrastate movement of regulated articles that are equivalent to
those imposed on the interstate movement of regulated articles and that
the designation of less than the entire State as a regulated area will
prevent the interstate spread of the boll weevil. In practice, the
latter determination--that the designation of less than an entire State
will prevent the interstate spread of the boll weevil--would be based,
at least in part, on our finding that infestations are confined to the
regulated areas as a result of natural breaks between infested areas
and noninfested areas, known as zones, and would eliminate the need for
designating an entire State as a regulated area. APHIS would adopt
existing buffer zones that have been established under the States'
current eradication programs.
Paragraph (b) of Sec. 301.54-3 would provide that we may
temporarily designate any nonregulated area in a State as a regulated
area when we determine that the nonregulated area meets the criteria
for designation as a

[[Page 63709]]

regulated area described in Sec. 301.54-3(a). In such cases, we will
give the owner or person in possession of the nonregulated area a copy
of the regulations along with written notice of the area's temporary
designation as a regulated area, after which time the interstate
movement of any regulated article from the area will be subject to the
regulations. This provision is necessary to prevent the spread of the
boll weevil during the time between the detection of the pest and the
time a document designating the area as a regulated area can be made
effective and published in the Federal Register. In the event that an
area's designation as a temporary regulated area is terminated, we will
provide written notice of that termination to the owner or person in
possession of the area as soon as is practicable.
Paragraph (c) lists the proposed regulated areas. These areas, as
noted previously, would be divided into generally infested (areas that
do not operate under an area-wide, APHIS-endorsed control program) and
suppressive areas (areas engaged in an area-wide eradication program
supported by APHIS). The proposed regulated areas, all of which are
designated as suppressive areas, are listed in the rule portion of this
document and include all or portions of the States of Arkansas,
Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Tennessee, and
Texas. The list of regulated areas was derived from information \1\
provided to APHIS by State regulatory officials and cotton foundation
program directors indicating evidence of boll weevil in the areas.
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\1\ This information is available from the person listed under
FOR FURTHER INFORMATION CONTACT. It may also be reviewed in our
reading room. See ADDRESSES above for the location and hours of the
reading room.
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Conditions Governing the Interstate Movement of Regulated Articles From
Regulated Areas (Proposed Sec. 301.54-4)

This section would require most regulated articles moving
interstate from regulated areas to be accompanied by a certificate or a
limited permit if moved into commercial cotton-producing areas.
Specifically, paragraph (a) of proposed Sec. 301.54-4 would provide
that a certificate or limited permit issued and attached in accordance
with Sec. Sec. 301.54-5 and 301.54-8 would have to accompany regulated
articles moving interstate:
From any regulated area into or through any nonregulated
area that is located in a commercial cotton-producing area listed in
Sec. 301.54(b);
From any generally infested area into or through any
suppressive area; \2\ or
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\2\ As defined in proposed Sec. 301.54-1, a suppressive area is
that part of a regulated area where eradication of infestation under
an area-wide, APHIS-endorsed control program is undertaken as an
objective. Generally infested areas (none currently exist) are those
regulated areas in which the growers are not currently participating
in such a program. Articles moved from a suppressive area would be
more likely to qualify for movement based on premises inspection,
while each consignment shipped from a generally infested area would
have to be individually inspected or treated due to the unchecked
presence of weevils within such an area.
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Between any noncontiguous suppressive areas; or
Between contiguous suppressive areas when it is determined
by the inspector that the regulated articles present a hazard of the
spread of the boll weevil and the person in possession thereof has been
so notified.
Under paragraph (b) of proposed Sec. 301.54-4, a certificate or
limited permit would not be required for the movement of regulated
articles into areas that are not commercial cotton-producing areas.
Given the host specificity of the boll weevil, there would be little,
if any, risk associated with the movement of regulated articles into
areas that are not commercial cotton-producing areas due to the lack of
host material for the pest.
Under paragraph (c) of proposed Sec. 301.54-4, articles that are
moved into the regulated area from outside the regulated area and that
are accompanied by a waybill that indicates the point of origin may be
moved interstate from the regulated area to commercial cotton-producing
areas without a certificate or limited permit, provided certain
conditions are met. The articles would have to be moved in an enclosed
vehicle or be completely enclosed by a covering adequate to prevent
access by the boll weevil. The regulated articles would also have to be
moved through the regulated area without stopping (except for
refueling, rest stops, emergency repairs, and for traffic conditions
such as traffic lights and stop signs), and the regulated articles
could not be opened, unpacked, or unloaded in the regulated area.
Finally, paragraph (d) of proposed Sec. 301.54-4 would provide
that APHIS or the U.S. Department of Agriculture (the Department) may
move regulated articles interstate without a certificate or limited
permit if the articles are moved for experimental or scientific
purposes. However, the articles would have to be moved in accordance
with a departmental permit issued by the Administrator, under
conditions specified on the permit to prevent the spread of the boll
weevil, and with a tag or label bearing the number of the departmental
permit attached to the regulated article or to the outside of its
container.

Issuance and Cancellation of Certificates and Limited Permits (Proposed
Sec. 301.54-5)

Under Federal domestic plant quarantine programs, there is a
difference between the use of certificates and limited permits.
Certificates are issued for regulated articles when an inspector finds
that, because of certain conditions (e.g., the article is free of boll
weevil), there is no pest risk before movement. Regulated articles
accompanied by a certificate may be moved interstate without further
restrictions. Limited permits are issued for regulated articles when an
inspector finds that, because of a possible pest risk, the articles may
be safely moved interstate only subject to further restrictions, such
as movement to limited areas and movement for limited purposes. Section
301.54-5 would explain the conditions for issuing a certificate or
limited permit.
Specifically, Sec. 301.54-5(a) would provide that a certificate
may be issued by an inspector for the interstate movement of a
regulated article if the inspector determines that the article: (1) Is
free of the boll weevil, has been treated under the direction of an
inspector in accordance with the Plant Protection and Quarantine (PPQ)
Treatment Manual, or comes from a premises of origin that is free of
the boll weevil; (2) will be moved through the regulated area in an
enclosed vehicle or will be completely covered to prevent access by the
boll weevil; (3) will be moved in compliance with any additional
remedial conditions deemed necessary to prevent the spread of the boll
weevil under section 414 of the Plant Protection Act (7 U.S.C. 7714);
and (4) is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to that article.
We have included a footnote that provides an address for securing
the addresses and telephone numbers of the local Plant Protection and
Quarantine (PPQ) offices at which services of inspectors may be
requested. We have also included a footnote that explains that the
Secretary of Agriculture may, under the Plant Protection Act, take
remedial actions to hold, seize, quarantine, treat, destroy, apply
other remedial measures to, or otherwise dispose of articles that he or
she has

[[Page 63710]]

reason to believe are a plant pest or are infested with a plant pest.
Paragraph (b) of Sec. 301.54-5 would provide for the issuance of a
limited permit (rather than a certificate) by an inspector for
interstate movement of a regulated article if the inspector determines
that the article is to be moved interstate to a specified destination
for specified handling, utilization, or processing, and that the
movement will not result in the spread of the boll weevil because life
stages of the boll weevil will be destroyed by the specified handling,
utilization, or processing. A limited permit will only be issued if the
regulated article: (1) Will be moved in an enclosed vehicle or
completely covered to prevent access by, and escape of, the boll
weevil; (2) will be moved in compliance with any additional remedial
conditions imposed by the Administrator under sections 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of the boll
weevil; and (3) if the regulated article is eligible for interstate
movement under all other Federal domestic plant quarantines and
regulations applicable to the regulated article.
Paragraph (c) of Sec. 301.54-5 would provide that any person who
has entered into and is operating under a compliance agreement may
issue a certificate or limited permit for the interstate movement of a
regulated article after determining that the article is otherwise
eligible for a certificate or limited permit under Sec. 301.54-5(a) or
(b), respectively.
Also, Sec. 301.54-5(d) would contain provisions for the withdrawal
of a certificate or limited permit by an inspector if the inspector
determines that the holder of the certificate or limited permit has not
complied with conditions for the use of the document. This paragraph
would also contain provisions for notifying the holder of the reasons
for the withdrawal and for holding a hearing if there is any conflict
concerning any material fact in the event that the person wishes to
appeal the cancellation.

Compliance Agreements and Cancellation (Proposed Sec. 301.54-6)

Section 301.54-6 would provide for the use of and cancellation of
compliance agreements. Compliance agreements are provided for the
convenience of persons who are involved in the growing, handling, or
moving of regulated articles from regulated areas. A person may enter
into a compliance agreement when an inspector has determined that the
person requesting the compliance agreement has been made aware of the
requirements of the regulations and the person has agreed to comply
with the requirements of the regulations and the provisions of the
compliance agreement. This section contains a footnote that explains
where compliance agreement forms may be obtained.
Section 301.54-6 would also provide that an inspector may cancel
the compliance agreement upon finding that a person who has entered
into the agreement has failed to comply with any of the provisions of
the regulations. The inspector will notify the holder of the compliance
agreement of the reasons for cancellation and offer an opportunity for
a hearing to resolve any conflicts of material fact in the event that
the person wishes to appeal the cancellation.

Assembly and Inspection of Regulated Articles (Proposed Sec. 301.54-7)

Section 301.54-7 would provide that any person (other than a person
authorized to issue certificates or limited permits under Sec. 301.54-
5(c)) who desires a certificate or limited permit to move regulated
articles interstate must request, at least 48 hours before the desired
movement, that an inspector issue a certificate or limited permit. The
regulated articles would have to be assembled in a place and manner
directed by the inspector.

Attachment and Disposition of Certificates and Limited Permits
(Proposed Sec. 301.54-8)

Section 301.54-8 would require the certificate or limited permit
issued for movement of the regulated article to be attached, during the
interstate movement, to the regulated article, or to a container
carrying the regulated article, or to the consignee's copy of the
accompanying waybill. Further, the section would require that the
carrier or the carrier's representative furnish the certificate or
limited permit to the consignee listed on the certificate or limited
permit upon arrival at the location provided on the certificate or
limited permit.

Costs and Charges (Proposed Sec. 301.54-9)

Section 301.54-9 explains the APHIS policy that the services of an
inspector that are needed to comply with the regulations are provided
without cost between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays, to persons requiring those services, but that we will
not be responsible for any other costs or charges (such as overtime
costs for inspections conducted at times other than between 8 a.m. to
4:30 p.m., Monday through Friday, except holidays).

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
We are proposing to establish domestic regulations for the boll
weevil (Anthonomus grandis) that would restrict the interstate movement
of regulated articles within regulated areas and from regulated areas
into or through nonregulated areas in commercial cotton-producing
States. The proposed regulations would help prevent the artificial
spread of boll weevil into noninfested areas of the United States, and
the reinfestation of areas from which the boll weevil has been
eradicated.
For this proposed rule, we have prepared an economic analysis. The
economic analysis, which is set out below, provides a cost-benefit
analysis as required by Executive Order 12866 and an analysis of the
potential economic effects of this proposed rule on small entities as
required by the Regulatory Flexibility Act.
All cotton-producing areas in the United States are either free of
boll weevil or in the process of eliminating the pest through State-
sanctioned eradication efforts. These initiatives receive Federal
support and are collectively referred to as the cooperative boll weevil
eradication program. The areas where the boll weevil is still present,
but where growers are participating in the eradication efforts, are
categorized as suppressive areas. Suppressive areas are present in the
States of Arkansas, Louisiana, Mississippi, Missouri, Oklahoma,
Tennessee, and Texas. Previously, Texas and other States also contained
areas known as generally infested, where producers had not entered into
the voluntary State-sanctioned eradication programs. However, these
areas have since also joined the cooperative efforts.
Therefore, all cotton-producing areas in the United States are now
categorized as either pest-free or suppressive areas, and all areas
where the pest is present are involved in eradication. Most areas have
already eliminated the boll weevil. The remaining areas that are in the
process of doing so are expected to achieve eradication over the next
few years. States with suppressive areas impose controls on the
intrastate movement of regulated material to pest free areas. These
intrastate controls are

[[Page 63711]]

essentially the same as the proposed interstate regulations.

Benefits and Costs of the Rule

The primary benefits of the proposed Federal controls on the
interstate movement of regulated articles are to help prevent the
artificial spread of boll weevil into noninfested areas of the United
States, and to strengthen the effort of the States to prevent
reinfestation of areas from which the pest has been eradicated. The
regulations also are expected to contribute to boll weevil eradication,
over and above what would be accomplished under the voluntary
cooperative eradication program.
Because the boll weevil is a migratory pest, it is necessary for
States to cooperate within regions to ensure the success of control
programs. Although individual growers have successfully controlled boll
weevils in their fields, neighboring infested areas can contribute to
reinfestations. In order to encourage all cotton producers to remain
diligent in their participation in eradication activities, we believe
that Federal regulations are necessary to restrict the interstate
movement of certain articles from areas which may become generally
infested in the future and from current suppressive areas to help
prevent the artificial spread of the boll weevil to noninfested areas.
Cotton production is an important element of the U.S. agricultural
economy. In 2004, cotton production was valued at $5.3 billion,
cottonseed production at $874 million, and cotton and cotton products
exported at $6.4 billion. The boll weevil is a destructive pest of
cotton, and is the principal pest of this major industry. It causes
economic losses by lowering the yield and quality of cotton, and heavy
infestations can result in complete loss of the crop. The boll weevil
arrived in the United States from Mexico in 1892, and has since caused
an estimated $22 billion in yield losses and control costs to the U.S.
cotton industry.
In those areas where the boll weevil has been eradicated, cotton
growers have benefited from lower costs of production because of
reduced pesticide use, and from higher yields that have led to
increased land values and expanded cotton acreage. Pesticide savings of
between 40 and 90 percent have been realized, and many cotton growers
have been able to forgo pesticide use entirely. Yield increases of 10
to 20 percent have been achieved in areas where this pest has been
eliminated. Without effective quarantine measures, however, these
higher yields would not be realized. It is also possible that, because
of reinfestation, losses will again begin to mount in areas in which
the boll weevil had previously been eradicated.
Boll weevil eradication efforts have provided stability for the
U.S. cotton industry and strengthened its ability to compete in the
world market. Various formerly infested States or portions of States
are now free of this pest. As areas become boll weevil-free,
eradication costs have declined. Over the 4-year period 1999-2002,
national program costs totaled $1.019 billion, compared to $585 million
spent over the following 4 years, 2003-2006. Recent yearly costs have
declined rapidly, from $245 million in 2002, to $125 million in 2006.
(All dollar amounts are unadjusted for inflation.) The major cost areas
are labor, treatments (chemicals and application), trapping supplies,
and vehicles and transportation. The APHIS share of these costs has
been between 25 and 30 percent. But the benefits exceed even such high
expenditures, and extend beyond the cotton industry to related sectors
of the national economy as well as to the local economies in cotton-
producing areas.
The extent of the reduction in risk that would be achieved with the
regulations cannot be determined, since we do not know the likelihood
of interstate movement of infested articles from the suppressive areas.
However, we do know that reinfestation of areas where the pest had been
eradicated can be costly.
The Southeastern Boll Weevil Eradication Foundation has tracked the
costs associated with boll weevil reintroductions and reinfestations in
six southeastern States between 1987 and 2004. The cost approximations
are based on incomplete work unit records, but nonetheless clearly
indicate the benefits of prevention and, when reinfestations occur, of
limiting their size through early detection and rapid control. About
half of the affected counties reported reinfestations in various years
that cost less than $10,000, with fewer than 10 weevils discovered.
Other counties reported much larger reinfestations and eradication
costs, ranging up to $1.3 million spent in Orangeburg County, SC,
between 1995 and 1997, where 23,899 weevils were detected and
eliminated.
As with the expected benefits, the costs of the proposed
regulations would derive from controls on the interstate movement of
regulated articles from regulated areas. Costs are expected to be
incurred primarily by entities such as custom harvester operators and
other agricultural service providers who move regulated articles from
the infested areas. Specific costs would depend on the types of
regulated articles moved, unit costs of disinfestation, and the
frequency of interstate movement.
Methods of boll weevil disinfestation range widely, from hand
removal of leaves and sweeping of foreign material with brooms, to more
costly methods such as compressed air blowing, high-pressure washing,
and fumigation. Unit costs also range widely, from $4 for hand sweeping
of a truck bed, to as much as $800 for the fumigation of harvesting
equipment such as pickers and strippers.
Relatively few cotton growers or gin operators are expected to be
affected, since most cotton is grown and ginned within the same area,
and baled cotton and cottonseed are not regulated articles. Custom
harvesters and other agricultural service providers who move regulated
articles from infested areas would be affected, but the impact on such
entities is not expected to be large. Fumigation of a cotton harvester
is estimated to cost about $800, less than 1 percent of annual receipts
for a representative operator. APHIS estimates that as many as 100
custom harvesters would be affected by this rule. With establishment of
the proposed regulations, owners of such equipment could be expected to
schedule harvesting contracts so as to minimize the number of
interstate movements from infested areas during a season.
APHIS is proposing that each cotton-producing State, or legally
defined zone within a State, would be designated as a regulated area
when growers fail to maintain minimum pest surveillance and control
activities to prevent reinfestation of that area as well as surrounding
areas by the boll weevil. These activities would consist of the annual
installation and monitoring of boll weevil pheromone traps, and the
application of effective control measures if boll weevils are detected.
Failure by cotton growers within a State or zone where boll weevil is
not known to be present to maintain prescribed minimum standards of
detection and control would result in the area being listed as a
regulated area. The cost of these activities should be less than $2 per
acre, but may vary depending on proximity to regulated areas. Under the
current boll weevil eradication program, surveillance and control
activities are already required in areas from which the pest has been
eradicated. We expect that these surveillance and control costs would
continue to be incurred even without promulgation of this rule.

[[Page 63712]]

A numerical comparison of expected benefits and costs of the
regulations is not possible, since we cannot estimate the reduction in
the risk of spread that would be attributable to the proposed
regulations, nor can we predict aggregate expenditures by directly
affected entities. However, given the sizable benefits that boll weevil
eradication has afforded cotton growers and others in areas where this
pest has been eliminated and the relatively small cost of
disinfestation of regulated articles moved interstate, APHIS believes
the net benefit of the regulations would be positive.
Costs to APHIS of administering the rule would differ little from
the Agency's current costs of participating with producers and States
in the National Boll Weevil Cooperative Control Program, whereby APHIS
is contributing about 25 to 30 percent of total eradication
expenditures. Federal appropriations for the program have fallen from
about $77 million in 2002, to less than $39 million in 2006. Once
nationwide eradication has been accomplished, APHIS participation in
funding post-eradication annual surveys, expected to cost between $5
million and $7 million per year, would depend on Congressional
direction. The cost to APHIS of funding eradication activities in areas
that become reinfested depends on the size of the outbreak, and has
ranged from tens of thousands to hundreds of thousands of dollars.

Alternative to the Rule

An alternative to the regulations would be to take no action, that
is, not establish Federal controls on the interstate movement of
regulated articles. If this alternative were selected, nationwide
eradication could be delayed. There would be increased risk of
reinfestation and production losses in cotton-producing areas where the
pest has been eliminated. Current State regulations have been fairly
effective in preventing the artificial movement of boll weevils from
infested areas into noninfested areas. However, the long-term
protection of these areas can be significantly enhanced by the proposed
Federal regulations.

Initial Regulatory Flexibility Analysis

The Regulatory Flexibility Act requires agencies to evaluate the
potential effects of their proposed rules on small entities. We address
here the requirements of an initial regulatory flexibility analysis,
and welcome public comment on expected small entity effects of this
rule.

Reasons Why Action by APHIS is Being Considered

APHIS is proposing Federal controls on the interstate movement of
regulated articles to help prevent the artificial spread of the boll
weevil into noninfested areas of the United States. Most commercial
cotton-producing areas of the United States have already eliminated the
boll weevil. Complete elimination of this pest is expected to be
achieved over the next few years, as long as reinfestation of areas
from which the pest has been eradicated is prevented. Through the
cooperative boll weevil eradication program, States with suppressive
areas, that is, areas in the process of eliminating the pest through
APHIS-endorsed, area-wide control programs, impose controls on the
intrastate movement of regulated material to pest-free areas. The
proposed interstate movement restrictions would complement these
intrastate controls. The rule is expected to contribute to boll weevil
eradication, over and above what would be accomplished under the
voluntary cooperative eradication program.

Objective and Legal Basis

The objective of the proposed rule is to minimize risks of
infestation or reinfestation of boll weevil-free areas through the
interstate movement of regulated articles and thereby hasten the
Nation's eradication of this pest. Current State regulations have been
fairly effective in preventing the artificial movement of the boll
weevil from infested areas into noninfested areas. The long-term
protection of noninfested areas can be significantly enhanced by the
proposed regulations.
In accordance with the Plant Protection Act (7 U.S.C. 7701 et
seq.), the Secretary of Agriculture has the authority to promulgate
regulations and take measures to prevent the spread of plant pests
within the United States, which includes regulating the interstate
movement of any product, article, or means of conveyance that presents
a risk of spreading the boll weevil.

Potentially Affected Small Entities

The principal entities engaged in cotton production--growers, gin
operators, and agricultural service providers such as custom
harvesters--are mainly small entities, and the economic effects for
them would be the same as has been described generally. Small entities
in nonregulated areas would benefit from a reduced risk of boll weevil
infestation. Entities that move regulated articles from infested areas
into noninfested areas would bear certain costs of complying with the
regulations.
As indicated in table 1, more than 81 percent of cotton farms and
more than 76 percent of ginning establishments are small entities,
based on small-entity definitions of annual receipts of not more than
$750,000 and not more than $6.5 million, respectively. Small entity
cotton farms and ginning establishments in areas free of the boll
weevil would benefit from the reduction in risk of infestation or
reinfestation provided by the rule.
The soil preparation, planting, and cultivation industry includes
businesses that provide fertilizer and cultivation services; soil
treatments; crop spraying; and disease, insect, or weed control
services. Small entities in this industry are establishments that have
annual receipts of not more than $6.5 million. Information is not
available on the percentage of these establishments that are small, but
we expect that they represent the majority, since 96 percent of these
businesses have fewer than 20 employees. We are unable to estimate the
number of small entity agricultural service providers that may be
affected by this rule.

Table 1.--Small Entity Representation in Industries That May Be Affected by the Proposed Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small entity definition Number of Percentage of establishments that
Industry (NAICS code) \1\ \2\ establishments Number of small entities are small entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cotton farming \3\ (111920).......... Less than or equal to 24,721 Fewer than 20,042................. Less than 81.
$0.75 million annual
receipts.
Cotton ginning \4\ (115111).......... Less than or equal to 887 Fewer than 671.................... Less than 76.
$6.5 million annual
receipts.
Soil preparation, planting, and Less than or equal to 2,394 Not known......................... Not known.
cultivating \5\ (115112). $6.5 million annual
receipts.

[[Page 63713]]

Crop harvesting, primarily by machine Less than or equal to 368 Not known......................... Not known.
\5\ (115113). $6.5 million annual
receipts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ http://www.sba.gov/size/sizetable2002.html.

\3\ NASS, 2002 Census of Agriculture, Volume 1, Table 56. The 20,042 cotton and cottonseed farms sold agricultural products valued at less than $500,000
in 2002.
\4\ NASS, Cotton Ginnings 2005 Summary, May 2006, and 2005 Agricultural Statistics. In the 2005 crop year, there were 671 active gins that ginned fewer
than 20,000 running bales. (A running bale is approximately equal to 1.03 ginned bales.) The average value of a ginned bale in 2004 was $230. Thus,
annual receipts per establishment for the 671 gins were less than $4.6 million.
\5\ Census Bureau, 2003 County Business Patterns for the United States, http://www.census.gov/epcd/cbp/view/us03.txt. Size distributions for industries

are described by the Census Bureau in terms of number of employees, not annual receipts. The employment patterns for these industries suggest that
they are primarily composed of small entities. For the soil preparation, planting, and cultivating industry, 96 percent of establishments (2,294) had
fewer than 20 employees in 2003. For the crop harvesting, primarily by machine, industry, 92 percent of establishments (337) had fewer than 20
employees in 2003.

Similarly, the small entity definition for harvesting operations is
annual receipts of not more than $6.5 million. While we do not know the
percentage of these establishments with receipts that fall below this
threshold, we note that 92 percent of harvesting businesses have fewer
than 20 employees. Custom harvesters and other agricultural service
providers are types of firms that may be affected by the proposed rule
because of their movement from regulated areas to or through
nonregulated areas. APHIS estimates that as many as 100 small entity
cotton harvester operators may be affected by this rule.
The information shown in table 1 on numbers of establishments in
the soil preparation, planting, and cultivating industry and in the
crop harvesting industry is for all crops. We believe the predominance
of small entities in these industries overall holds as well for the
cotton sector.
APHIS welcomes information that the public may provide on the
number of small entities in the identified industries that may be
affected by the proposed rule, as well as information on small entities
in other industries that the public believes may be affected.

Projected Reporting, Recordkeeping and Other Compliance Requirements

Regulated articles moving interstate from regulated areas would be
required to be accompanied by a certificate or a limited permit if
moved into nonregulated, commercial cotton-producing areas. The
proposed rule would also provide for the use of compliance agreements,
for the convenience of persons who are involved in the growing,
handling, or moving of regulated articles from regulated areas. The
reporting and recordkeeping requirements associated with this proposed
rule are described below under ``Paperwork Reduction Act.''
Relatively few cotton growers or gin operators are expected to be
affected by the proposed rule, since most cotton is grown and ginned
within the same area, and baled cotton and cottonseed are not regulated
articles. The largest treatment cost may be borne by operators of
harvesters and other major machinery. Based on a unit fumigation cost
for harvesting equipment of $800, and a single movement per season from
a regulated to a nonregulated area, the cost per harvester would be
$800, and industry-wide, $80,000, assuming 100 harvesting equipment
operators would be affected.\3\ The fumigation cost per harvester and
the single movement per season requiring fumigation are APHIS estimates
based on information provided by industry. This annual cost of $800 is
estimated to be less than 1 percent of annual receipts for a
representative operator. APHIS welcomes public comment that would
enable us to more fully understand possible costs associated with the
proposed rule's compliance requirements.
---------------------------------------------------------------------------

\3\ The fumigation cost per harvester and the single movement
per season requiring fumigation are APHIS estimates based on
information provided by industry.
---------------------------------------------------------------------------

Growers in areas from which the boll weevil has been eradicated
would be required to maintain minimum weevil surveillance and control
activities to prevent reinfestation, whether or not they move regulated
articles interstate. Since these surveillance and control activities
are already required under the current boll weevil eradication program
in areas from which the pest has been eradicated, their cost (estimated
by APHIS to average about $2 per acre per year) would continue to be
incurred without this rule. Therefore, the cost of these activities for
small-entity cotton producers is not attributable to the proposed rule.

Alternatives to Minimize Any Significant Economic Impact

We do not expect the rule to have a significant impact on entities,
large or small, and therefore have not set forth alternatives intended
to minimize significant impacts on 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 12988

This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.

National Environmental Policy Act

To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
proposed domestic boll weevil quarantine program, we have prepared an
environmental assessment. The environmental assessment was prepared in
accordance with: (1) The National Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3)

[[Page 63714]]

USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (Instructions for accessing
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule). In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0002. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0002, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
We are proposing to establish domestic boll weevil regulations that
would restrict the interstate movement of regulated articles within
regulated areas and from regulated areas into or through nonregulated
areas in commercial cotton-producing States. The proposed regulations
would help prevent the artificial spread of boll weevil into
noninfested areas of the United States and the reinfestation of areas
from which the boll weevil has been eradicated. Because the boll weevil
is a migratory pest, it is necessary for States to cooperate within
regions to ensure the success of the eradication program.
Implementation of this regulation would require us to engage in
certain information collection activities, which in turn necessitates
the use of forms. Forms we plan to use to implement and enforce the
program include compliance agreements, limited permits, and
certificates. We described these documents in greater detail previously
in this document.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 1 hour per response.
Respondents: Cotton growers, cotton gin operators, custom
harvesters.
Estimated annual number of respondents: 1,025
Estimated annual number of responses per respondent: 1.
Estimated annual number of respondents: 1,025.
Estimated total annual burden on respondents: 1,025 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.

E-Government Act Compliance

The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.

Accordingly, we propose to amend 7 CFR part 301, as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 would continue to read as
follows:

Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.

Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).

2. Part 301 would be amended by adding a new Subpart--Boll Weevil,
Sec. Sec. 301.54 through 301.54-9, to read as follows:

Subpart--Boll Weevil

Sec.
301.54 Restrictions on interstate movement of regulated articles.
301.54-1 Definitions.
301.54-2 Regulated articles.
301.54-3 Regulated areas.
301.54-4 Conditions governing the interstate movement of regulated
articles from regulated areas.
301.54-5 Issuance and cancellation of certificates and limited
permits.
301.54-6 Compliance agreements and cancellation.
301.54-7 Assembly and inspection of regulated articles.
301.54-8 Attachment and disposition of certificates and limited
permits.
301.54-9 Costs and charges.

Subpart--Boll Weevil

Sec. 301.54 Restrictions on interstate movement of regulated
articles.

(a) No person may move any regulated article interstate from any
regulated area into or through any commercial cotton-producing area
except in accordance with this subpart.\1\
---------------------------------------------------------------------------

\1\ Any properly identified inspector is authorized, upon
probable cause, to stop and inspect persons and means of conveyance
moving in interstate commerce and to hold, seize, quarantine, treat,
apply other remedial measures to, destroy, or otherwise dispose of
regulated articles as provided in sections 414 and 421 of the Plant
Protection Act (7 U.S.C. 7714, 7731).
---------------------------------------------------------------------------

(b) The following States are designated as commercial cotton-
producing areas: Alabama, Arizona, Arkansas, California, Florida,
Georgia, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri,
New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas,
Virginia.

Sec. 301.54-1 Definitions.

Administrator. The Administrator, Animal and Plant Health
Inspection

[[Page 63715]]

Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Boll weevil. The insect known as the boll weevil, Anthonomus
grandis, in any stage of development.
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of boll weevil and may be moved interstate to any destination.
Compliance agreement. A written agreement between APHIS and a
person engaged in growing, handling, or moving regulated articles,
wherein the person agrees to comply with this subpart.
Cotton. All parts of cotton and wild cotton plants of the genera
Gossypium and Thurberia, except baled cotton and cotton products.
Cotton lint. All forms of raw ginned cotton except linters and gin
waste.
Cotton products. Seed cotton, cotton lint, linters, oil mill waste,
gin waste, gin trash, cottonseed, cottonseed hulls, and all other forms
of unmanufactured cotton fiber.
Departmental permit. A document issued by the Administrator in
which he or she affirms that interstate movement of the regulated
article identified on the document is for scientific or experimental
purposes and that the regulated article is eligible for interstate
movement in accordance with Sec. 301.54-4(d) of this subpart.
Generally infested area. Any part of a regulated area not
designated as a suppressive area.
Gin motes. Short fragments of unmanufactured cotton fiber removed
from lint cleaners after ginning cotton.
Gin trash. All materials produced during the cleaning and ginning
of seed cotton, bollies, or snapped cotton. It does not include the
lint, cottonseed, or gin waste.
Gin waste. All forms of unmanufactured waste cotton fiber,
including gin motes, resulting from the ginning of seed cotton, other
than baled cotton lint.
Infestation. The presence of the boll weevil or the existence of
circumstances that makes it reasonable to believe that the boll weevil
may be present.
Inspector. Any employee of APHIS or other person authorized by the
Administrator to perform the duties required under this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector or person
operating under a compliance agreement affirms that the regulated
article identified on the document is eligible for interstate movement
in accordance with Sec. 301.54-5(b) only to a specified destination
and only in accordance with specified conditions.
Linters. Residual unmanufactured cotton fiber separated from
cottonseed after the lint has been removed.
Moved (move, movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Oil mill waste. Waste product, including linters, derived from the
milling of cottonseed.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Plant Protection and Quarantine (PPQ). The Plant Protection and
Quarantine program of the Animal and Plant Health Inspection Service,
United States Department of Agriculture.
Regulated area. Any State, or any portion of a State, listed in
Sec. 301.54-3(c) or otherwise designated as a regulated area in
accordance with Sec. 301.54-3(b).
Regulated article. Any article listed in Sec. 301.54-2(a) through
(e), or otherwise designated as a regulated article in accordance with
Sec. 301.54-2(f).
Seed cotton. All forms of unginned cotton from which the seed has
not been separated.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Suppressive area. That part of a regulated area where an APHIS-
endorsed area-wide control program is operating, with the objective of
eradicating the boll weevil.
Used cotton equipment. Any cotton equipment previously used to
harvest, strip, transport, destroy, or process cotton.

Sec. 301.54-2 Regulated articles.

The following are regulated articles:
(a) The boll weevil, in any living stage of development.\2\
---------------------------------------------------------------------------

\2\ Permit and other requirements for the interstate movement of
boll weevils are contained in part 330 of this chapter.
---------------------------------------------------------------------------

(b) Cotton, including wild cotton and ornamental cotton, but
excluding commercial bales and cottonseed;
(c) Seed cotton;
(d) Gin trash;
(e) Used cotton harvesting or processing equipment; and
(f) Any other product, article, or means of conveyance not listed
in paragraphs (a) through (e) of this section that an inspector
determines presents a risk of spreading the boll weevil, after the
inspector provides written notification to the person in possession of
the product, article, or means of conveyance that it is subject to the
restrictions of this subpart.

Sec. 301.54-3 Regulated areas.

(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a regulated area in paragraph (c) of
this section each State, or each portion of a State, in which the boll
weevil has been found by an inspector, in which the Administrator has
reason to believe that the boll weevil is present, in which minimum
pest surveillance and control activities are not maintained, or that
the Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which the boll weevil has been found. The Administrator may designate
any part of a regulated area as a suppressive area after determining
that eradication of infestation is being undertaken as an objective in
that part of the regulated area; any part of a regulated area that is
not designated as a suppressive area will be designated as a generally
infested area. Less than an entire State will be designated as a
regulated area only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles that are equivalent to
those imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than the entire State as a regulated
area will prevent the interstate spread of the boll weevil.
(b) The Administrator or an inspector may temporarily designate any
nonregulated area in a State as a regulated area in accordance with
paragraph (a) of this section. The Administrator will give a copy of
this regulation along with a written notice for the temporary
designation to the owner or person in possession of the nonregulated
area. Thereafter, the interstate movement of any regulated article from
an area temporarily designated as a regulated area will be subject to
this subpart. As soon as practicable, the area will be added to the
list in paragraph (c) of this section or the designation will be
terminated by the Administrator or an inspector. The owner or person in
possession of an area for which designation is terminated will be given
notice of the termination as soon as practicable.

[[Page 63716]]

(c) The following areas are designated as regulated areas and are
divided into generally infested areas and suppressive areas as
indicated below:

Arkansas

(1) Generally infested areas. None.
(2) Suppressive areas. Arkansas, Ashley, Chicot, Clay, Craighead,
Crittenden, Cross, Desha, Drew, Greene, Independence, Jackson,
Jefferson, Lee, Lincoln, Little River, Lonoke, Mississippi, Monroe,
Phillips, Poinsett, Prairie, Pulaski, St. Francis, and Woodruff
Counties.

Louisiana

(1) Generally infested areas. None.
(2) Suppressive areas. Adams, Attala, Benton, Bolivar, Calhoun,
Carroll, Claiborne, Coahoma, De Soto, Grenada, Hinds, Holmes,
Humphreys, Issaquena, Jefferson, Lafayette, Leflore, Madison, Marshall,
Monroe, Montgomery, Panola, Pontotoc, Quitman, Sharkey, Sunflower,
Tallahatchie, Tate, Tippah, Tunica, Warren, Washington, Yalobusha, and
Yazoo Counties.

Mississippi

Missouri

(1) Generally infested areas. None.
(2) Suppressive areas. Dunklin, Mississippi, New Madrid, Pemiscot,
Scott, and Stoddard Counties.

New Mexico

(1) Generally infested areas. None
(2) Suppressive areas. Chaves, Eddy, and Lea Counties.

Oklahoma

(1) Generally infested areas. None.
(2) Suppressive areas. Atoka, Beckham, Cotton, Greer, Harmon,
Jackson, McCurtain, Roger Mills, and Tillman Counties.

Tennessee

(1) Generally infested areas. None.
(2) Suppressive areas. Crockett, Dyer, Fayette, Gibson, Hardeman,
Haywood, Lake, Lauderdale, Obion, Shelby, and Tipton Counties.

Texas

(1) Generally infested areas. None.
(2) Suppressive areas. Anderson, Andrews, Aransas, Archer,
Atascosa, Austin, Bastrop, Baylor, Bee, Bell, Bexar, Borden, Brazoria,
Brazos, Briscoe, Brooks, Brown, Burleson, Caldwell, Calhoun, Callahan,
Cameron, Carson, Childress, Clay, Cochran, Coke, Collin, Collingsworth,
Colorado, Comanche, Coryell, Cottle, Crosby, Dawson, Delta, Denton, De
Witt, Dickens, Dimmit, Duval, Eastland, Ellis, Falls, Fannin, Fisher,
Floyd, Foard, Fort Bend, Frio, Gaines, Garza, Glasscock, Goliad,
Grayson, Grimes, Guadalupe, Hale, Hall, Hardeman, Haskell, Hays,
Hildalgo, Hill, Hockley, Hopkins, Houston, Howard, Hunt, Jackson, Jim
Hogg, Jim Wells, Johnson, Jones, Karnes, Kaufman, Kenedy, Kent, King,
Kinney, Kleberg, Knox, Lamar, La Salle, Lavaca, Limestone, Live Oak,
Lubbock, Lynn, McLennan, Martin, Matagorda, Maverick, Medina, Midland,
Milam, Mitchell, Motley, Navarro, Nolan, Nueces, Rains, Reagan, Red
River, Reeves, Refugio, Robertson, Rockwall, San Patricio, Scurry,
Shackelford, Starr, Stephens, Stonewall, Sutton, Swisher, Tarrant,
Taylor, Throckmorton, Travis, Upton, Uvalde, Van Zandt, Victoria,
Walker, Waller, Washington, Webb, Wharton, Wichita, Wilbarger, Willacy,
Williamson, Wilson, Yoakum, Young, Zapata, and Zavala Counties.

Sec. 301.54-4 Conditions governing the interstate movement of
regulated articles from regulated areas.

Any regulated article may be moved interstate from a regulated area
\3\ only if moved under the following conditions:
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\3\ Requirements under all other applicable Federal domestic
plant quarantines and regulations must also be met.
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(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.54-5 and 301.54-8 if the regulated
article is moved:
(1) From any regulated area into or through any nonregulated area
that is located in a commercial cotton-producing area listed in Sec.
301.54(b); or
(2) From any generally infested area into or through any
suppressive area; or
(3) Between any noncontiguous suppressive areas; or
(4) Between contiguous suppressive areas when it is determined by
the inspector that the regulated articles present a hazard of the
spread of the boll weevil and the person in possession thereof has been
so notified.
(b) Without a certificate or limited permit if the regulated
article is moved into an area that is not listed in Sec. 301.54(b).
(c) Without a certificate or limited permit if the regulated
article originated outside the regulated area and:
(1) Is either moved in an enclosed vehicle or is completely
enclosed by a covering adequate to prevent access by boll weevils (such
as canvas, plastic, or other closely woven cloth) while moving through
the regulated area; and
(2) The point of origin of the regulated article is indicated on
the waybill, and the enclosed vehicle or the enclosure that contains
the regulated article is not opened, unpacked, or unloaded in the
regulated area; and
(3) The regulated article is moved through the regulated area
without stopping except for refueling, rest stops, emergency repairs,
or for traffic conditions, such as traffic lights or stop signs.
(d) Without a certificate or limited permit if:
(1) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; and
(2) Pursuant to a departmental permit issued by the Administrator
for the regulated article; and
(3) Under conditions specified on the departmental permit and found
by the Administrator to be adequate to prevent the spread of the boll
weevil; and
(4) With a tag or label bearing the number of the departmental
permit issued for the regulated article attached to the outside of the
container of the regulated article or attached to the regulated article
itself if not in a container.

Sec. 301.54-5 Issuance and cancellation of certificates and limited
permits.

(a) A certificate may be issued by an inspector \4\ for the
interstate movement of a regulated article if the inspector determines
that:
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\4\ Services of an inspector may be requested by contacting
local offices of Plant Protection and Quarantine, which are listed
in telephone directories.
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(1)(i) In accordance with part 305 of this chapter; or
(ii) Based on inspection of the premises of origin, the premises
are free from the boll weevil; or
(iii) Based on inspection of the regulated article, the regulated
article is free of boll weevils; and
(2) The regulated article will be moved through the regulated area
in an enclosed vehicle or will be completely enclosed by a covering
adequate to prevent access by the boll weevil; and
(3) The regulated article is to be moved in compliance with any
additional remedial conditions the Administrator may impose under
section 414 of the Plant Protection Act

[[Page 63717]]

(7 U.S.C. 7714) \5\ to prevent the spread of the boll weevil; and
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\5\ Section 414 of the Plant Protection Act (7 U.S.C. 7714)
provides that the Secretary of Agriculture may, under certain
conditions, hold, seize, quarantine, treat, apply other remedial
measures to, destroy, or otherwise dispose of any plant, plant pest,
plant product, article, or means of conveyance that is moving, or
has moved, into or through the United States or interstate if the
Secretary has reason to believe the article is a plant pest or is
infested with a plant pest at the time of movement.
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(4) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated article.
(b) An inspector \6\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
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\6\ See footnote 4 to Sec. 301.54-5(a).
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(1) The regulated article is to be moved interstate to a specified
destination for specified handling, processing, or utilization (the
destination and other conditions to be listed in the limited permit),
and this interstate movement will not result in the spread of the boll
weevil because life stages of the boll weevil will be destroyed by the
specified handling, processing, or utilization;
(2) The regulated article will be moved in an enclosed vehicle or
completely covered to prevent access by, and escape of, the boll
weevil;
(3) The regulated article is to be moved in compliance with any
additional remedial conditions the Administrator may impose under
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the
spread of the boll weevil; and
(4) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(c) Certificates and limited permits for the interstate movement of
regulated articles may be issued by an inspector or person operating
under a compliance agreement. A person operating under a compliance
agreement may issue a certificate for the interstate movement of a
regulated article after determining that the regulated article is
otherwise eligible for a certificate in accordance with paragraph (a)
of this section. A person operating under a compliance agreement may
issue a limited permit for interstate movement of a regulated article
after determining that the regulated article is otherwise eligible for
a limited permit in accordance with paragraph (b) of this section.
(d) Any certificate or limited permit that has been issued may be
withdrawn, either orally or in writing, by an inspector if he or she
determines that the holder of the certificate or limited permit has not
complied with all conditions in this subpart for the use of the
certificate or limited permit. If the withdrawal is oral, the
withdrawal and the reasons for the withdrawal will be confirmed in
writing as promptly as circumstances allow. Any person whose
certificate or limited permit has been withdrawn may appeal the
decision in writing to the Administrator within 10 days after receiving
the written notification of the withdrawal. The appeal must state all
of the facts and reasons upon which the person relies to show that the
certificate or limited permit was wrongfully withdrawn. As promptly as
circumstances allow, the Administrator will grant or deny the appeal,
in writing, stating the reasons for the decision. A hearing will be
held to resolve any conflict as to any material fact. Rules of practice
concerning a hearing will be adopted by the Administrator.

Sec. 301.54-6 Compliance agreements and cancellation.

(a) Any person engaged in growing, handling, or moving regulated
articles may enter into a compliance agreement when an inspector
determines that the person is aware of this subpart, agrees to comply
with its provisions, and agrees to comply with all the provisions
contained in the compliance agreement.\7\
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\7\ Compliance agreement forms are available without charge from
local Plant Protection and Quarantine offices, which are listed in
telephone directories.
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(b) Any compliance agreement may be canceled, either orally or in
writing, by an inspector whenever the inspector finds that the person
who has entered into the compliance agreement has failed to comply with
this subpart. If the cancellation is oral, the cancellation and the
reasons for the cancellation will be confirmed in writing as promptly
as circumstances allow. Any person whose compliance agreement has been
canceled may appeal the decision, in writing, to the Administrator,
within 10 days after receiving written notification of the
cancellation. The appeal must state all of the facts and reasons upon
which the person relies to show that the compliance agreement was
wrongfully canceled. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision. A hearing will be held to resolve any
conflict as to any material fact. Rules of practice concerning a
hearing will be adopted by the Administrator.

Sec. 301.54-7 Assembly and inspection of regulated articles.

(a) Any person (other than a person authorized to issue
certificates or limited permits under Sec. 301.54-5(c)) who desires a
certificate or limited permit to move a regulated article interstate
must notify an inspector \8\ as far in advance of the desired
interstate movement as possible, but no less than 48 hours before the
desired interstate movement.
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\8\ See footnote 4 to Sec. 301.54-5(a).
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(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.

Sec. 301.54-8 Attachment and disposition of certificates and limited
permits.

(a) A certificate or limited permit required for the interstate
movement of a regulated article must, at all times during the
interstate movement, be:
(1) Attached to the outside of the container containing the
regulated article; or
(2) Attached to the regulated article itself if not in a container;
or
(3) Attached to the consignee's copy of the accompanying waybill.
If the certificate or limited permit is attached to the consignee's
copy of the waybill, the regulated article must be sufficiently
described on the certificate or limited permit and on the waybill to
identify the regulated article.
(b) The certificate or limited permit for the interstate movement
of a regulated article must be furnished by the carrier or the
carrier's representative to the consignee listed on the certificate or
limited permit upon arrival at the location provided on the certificate
or limited permit.

Sec. 301.54-9 Costs and charges.

The services of the inspector during normal business hours (8 a.m.
to 4:30 p.m., Monday through Friday, except holidays) will be furnished
without cost. The user will be responsible for all costs and charges
arising from inspection and other services provided outside normal
business hours.

Done in Washington, DC, this 24th day of October 2006.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E6-18150 Filed 10-30-06; 8:45 am]

BILLING CODE 3410-34-P