[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13649-13655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7545]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 61 / Thursday, March 28, 1996 / Rules 
and Regulations  

[[Page 13649]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-3]


Karnal Bunt Infestations in Arizona et al.; Quarantining

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are quarantining the State of Arizona and a total of six 
counties in the States of New Mexico and Texas because of infestations 
of Karnal bunt and are restricting the movement of regulated articles 
from the quarantined areas. This action is necessary on an emergency 
basis to prevent the artificial spread of Karnal bunt, a serious fungal 
disease of wheat, durum wheat, and triticale, into noninfected areas of 
the United States.

DATES: Interim rule effective March 25, 1996. Consideration will be 
given only to comments received on or before May 28, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-016-3, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road, Unit 118, Riverdale MD 20737-1238. Please 
state that your comments refer to Docket No. 96-016-3. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer, 
Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road, Unit 
134, Riverdale, MD 20732, (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    We are amending the ``Domestic Quarantine Notices'' in 7 CFR part 
301 by adding a new subpart 301.89, ``Karnal Bunt'' (referred to below 
as the regulations). These regulations quarantine all of Arizona and 
portions of New Mexico and Texas because of Karnal bunt. They also 
restrict the interstate movement of regulated articles from the 
quarantined areas.
    On March 8, 1996, Karnal bunt, a serious fungal disease of wheat 
(Triticum aestivum), durum wheat (Triticum durum), and triticale 
(Triticum aestivum X Seale cereals), a hybrid of wheat and rye, was 
detected in Arizona during a seed certification inspection done by the 
Arizona Department of Agriculture (ADA). The disease was found in three 
seedlots that had been grown in Arizona and shipped within Arizona as 
well as to New Mexico and Texas. Immediately after the Karnal bunt was 
detected, emergency action was taken by ADA and the Animal and Plant 
Health Inspection Service (APHIS) to control the artificial spread of 
this disease, and APHIS began working with other plant protection 
agencies to determine the extent of the infection.
    On March 20, 1996, the Secretary of Agriculture signed a 
``Declaration of Extraordinary Emergency'' authorizing the Secretary to 
take emergency action under 7 U.S.C. 150dd with regard to Karnal bunt 
within the States of Arizona, New Mexico, and Texas.
    Karnal bunt is caused by the smut fungus Tilletia indica (Mitra) 
Mundkur and is spread by spores. Infection occurs during the flowering 
stage of the plant when the developing ovary of a host plant comes into 
contact with infectious sporidia. The spores can be carried on a 
variety of surfaces, including plants and plant parts, seeds, soil, 
elevators, buildings, farm equipment, tools, and even vehicles. Spores 
and the sporidia they produce also can be windborne. Although the 
sporidia are fragile and may be able to move only short distances, 
spores have been known to move longer distances.
    Karnal bunt is a serious disease that affects both yield and grain 
quality. It adversely affects the color, odor, and palatability of 
flour and other foodstuffs made from wheat. Wheat containing any amount 
of bunted kernels is reduced in quality. Karnal bunt does not present a 
risk to human health.
    Karnal bunt is difficult to manage because of the biology of the 
pathogen and the susceptibility of the host. Teliospores can remain 
viable for 4 to 5 years in the soil. Chemical seed treatments may 
reduce infection by controlling seedborne inoculum, but do little to 
eliminate soilborne inoculum. Use of resistant varieties of wheat would 
be the most effective means of control. However, no commercial 
cultivars are known to be established.
    For this reason, Federal and State quarantines are needed on an 
emergency basis to retard the artificial spread of Karnal bunt and to 
protect noninfected areas. Therefore, this interim rule establishes a 
quarantine and regulations, which are described below by section, to 
prevent the artificial spread of Karnal bunt.

Definitions

    Section 301.89-1 contains definitions of the following terms: 
Administrator, Animal and Plant Health Inspection Service, certificate, 
compliance agreement, conveyances, farm tools, infestation (infected), 
inspector, interstate, Karnal bunt, limited permit, mechanized 
cultivating equipment and mechanized harvesting equipment, milling 
products and byproducts, movement (moved), person, soil, soil-moving 
equipment, and State. Regulated articles.
    The regulations impose conditions on the interstate movement of 
those articles that present a significant risk of spreading Karnal bunt 
if moved without restriction from quarantined areas into or through 
noninfected areas. The articles, which are designated as regulated 
articles, may not be moved interstate from quarantined areas except in 
accordance with the conditions specified in Secs. 301.89-4 through 
301.89-11.
    Paragraphs (a) through (m) of Sec. 301.89-2 designate the following 
as regulated articles: Conveyances, including trucks, railroad cars and 
other containers used to move wheat, durum wheat, or triticale; grain 
elevators/equipment/structures used for storing and handling wheat, 
durum wheat, and triticale; manure from animals that have

[[Page 13650]]
fed on wheat, durum wheat, or triticale; milling products or 
byproducts, except flour; plants or plant parts, including grain, seed, 
or straw of all varieties of the species of Triticum aestivum (wheat), 
Triticum durum (durum wheat); and Triticum aestivum X Seale cereals 
(triticale); root crops with soil; soil from areas where field crops 
are produced; used bags, sacks and containers; used farm tools; used 
mechanized cultivating equipment; used mechanized harvesting equipment; 
used seed conditioning equipment; and used mechanized soil-moving 
equipment.
    Further, Sec. 301.89(2)(n) allows designation of any other product, 
article or means of conveyance as a regulated article if an inspector 
determines that it presents a risk of spreading Karnal bunt due to its 
proximity to an infestation of Karnal bunt and notifies the person in 
possession of the product, article, or means of conveyance that it is 
subject to the restrictions in the regulations.

Quarantined areas

    As stated in Sec. 301.89-3(a), the Administrator will quarantine 
each State or each portion of a State that is infected. Section 
301.89(b) provides that less than an entire State will be listed as a 
quarantined area only under certain conditions. Such a listing may be 
made if the Administrator determines that: (1) The State has adopted 
and is enforcing restrictions on the intrastate movement of the 
regulated articles listed in Sec. 301.89-2 that are equivalent to the 
interstate movement restrictions imposed by the regulations in 
Sec. 301.89-1 through Sec. 301.89-11; and (2) designating less than the 
entire State as a quarantined area will prevent the artificial spread 
of Karnal bunt. Alternatively, less than an entire State may be listed 
as a quarantined area if the Administrator exercises his or her 
extraordinary emergency authority under 7 U.S.C. 150dd.
    In accordance with these criteria, we are designating the State of 
Arizona, four counties in New Mexico, and two counties in Texas as 
quarantined areas. These quarantined areas are listed in Sec. 301.89-
3(e).
    Section 301.89-3(c) provides that the Administrator may include 
uninfected acreage within a quarantined area due to its proximity to an 
infestation or inseparability from the infected locality for quarantine 
purposes, as determined by: (1) Projections of the spread of Karnal 
bunt along the periphery of the infestation; (2) the availability of 
natural habitats and host materials within the uninfected acreage that 
are suitable for establishment and survival of Karnal bunt; and (3) the 
necessity of including uninfected acreage within the quarantined area 
in order to establish readily identifiable boundaries.
    Section 301.89-3(d) provides that the Administrator or an inspector 
may temporarily designate any nonquarantined area as a quarantined 
area, without publication in the Federal Register, if there is a basis 
for listing the area as a quarantined area under Sec. 301.89-3 
paragraphs (a), (b), or (c), and if the owner or person in possession 
of the nonquarantined area, or, in the case of publicly owned land, the 
person responsible for the management of the nonquarantined area, is 
given written notice of the designation. This is necessary to prevent 
the spread of Karnal bunt before restrictions can be published in the 
Federal Register concerning the interstate movement of regulated 
articles from the designated area.

Conditions Governing the Interstate Movement of Regulated Articles From 
Quarantined Areas

    Section 301.89-4(a)(1) requires regulated articles moved interstate 
from a quarantined area into or through an area that is not quarantined 
to be accompanied by a certificate or limited permit issued and 
attached as prescribed by Secs. 301.89-5 and 301.89-9.
    Section 301.89-4(a)(2) allows a regulated article that originates 
outside the quarantined area to be moved interstate through a 
quarantined area without a certificate or limited permit under the 
following conditions: (1) The regulated article was moved into the 
quarantined area from an area that is not quarantined; (2) the point of 
origin is indicated on a waybill accompanying the regulated article; 
(3) the regulated article is moved through the quarantined area without 
stopping, or has been stored, packed, or handled at locations approved 
by an inspector, or has been treated in accordance with the methods and 
procedures prescribed in Sec. 301.89-11 while in or moving through any 
quarantined area; and (4) the article has not been combined or 
commingled with other articles so as to lose its individual identity.
    Section 301.89-4(a)(3) allows soil to be moved interstate from a 
quarantined area, provided the soil is being moved to a laboratory 
approved by the Administrator to process, test, or analyze soil 
samples.
    Section 301.89-4(b) references the authority of an inspector who 
has probable cause to believe a person or means of conveyance is moving 
regulated articles in interstate commerce to stop the person or means 
of conveyance to determine whether regulated articles are present and 
to inspect the regulated articles. Further, Sec. 301.89-4(b) provides 
that articles found to be infected by an inspector, and articles not in 
compliance with the regulations, may be seized, quarantined, treated, 
subjected to other remedial measures, destroyed, or otherwise disposed 
of.

Issuance of Certificates and Limited Permits

    Under Federal domestic plant quarantine programs, there is a 
difference between the use of certificates and limited permits. 
Certificates are issued for regulated articles upon a finding by an 
inspector that, because of certain conditions (e.g., the article is 
free of Karnal bunt), there is an absence of a pest or disease risk 
prior to movement. Regulated articles accompanied by a certificate may 
be moved interstate without further restrictions being imposed. Limited 
permits are issued for regulated articles when an inspector has 
determined that, because of possible pest or disease risk, such 
articles may be safely moved interstate only subject to further 
restrictions, such as movement to specified areas and movement for 
specified purposes. Section Sec. 301.89-5 explains the conditions for 
issuing a certificate or limited permit.
    Specifically, Sec. 301.89-5(a) provides that an inspector or person 
operating under a compliance agreement (discussed below) will issue a 
certificate for the interstate movement of a regulated article if the 
inspector determines that the regulated article: (1) Is eligible for 
unrestricted movement under all other applicable Federal domestic plant 
quarantines and regulations; (2) is to be moved in compliance with any 
emergency conditions the Administrator may impose under 7 U.S.C. 150dd 
to prevent the artificial spread of Karnal bunt; and (3) meets one of 
the following conditions: The article is free of Karnal bunt infection, 
based on laboratory results of testing, and history of previous 
infestation; the article has been grown, produced, manufactured, 
stored, or handled in a manner that would prevent infestation or 
destroy all life stages of Karnal bunt; or the article has been treated 
in accordance with methods and procedures prescribed in Sec. 301.89-11.
    Section 301.50-5(b) provides for the issuance of a limited permit 
(in lieu of a certificate), by an inspector or a person operating under 
a compliance agreement, for movement of a regulated

[[Page 13651]]
article if the inspector determines that the regulated article: (1) Is 
to be moved interstate to a specified destination for specified 
handling, utilization, or processing (the destination and other 
conditions to be listed in the limited permit and/or compliance 
agreement), and this interstate movement will not result in the 
artificial spread of Karnal bunt because Karnal bunt will be destroyed 
or the risk mitigated by the specified handling, utilization, or 
processing; (2) is to be moved interstate in compliance with any 
additional emergency conditions the Administrator may impose under 7 
U.S.C. 150dd to prevent the spread of Karnal bunt; and (3) is eligible 
for interstate movement under all other Federal domestic plant 
quarantines and regulations applicable to the regulated article.
    Section 301.89-5(c) provides that an inspector will issue blank 
certificates and limited permits to a person operating under a 
compliance agreement or authorize reproduction of the certificates or 
limited permits on shipping containers, or both, as requested by the 
person operating under the compliance agreement. These certificates or 
limited permits may then be completed and used, as needed, for the 
interstate movement of regulated articles that have met all of the 
requirements of Sec. 301.89-5(a) or Sec. 301.89-5(b), respectively.

Compliance Agreements

    Section 301.89-6 provides for the use of compliance agreements. 
Specifically, compliance agreements may be entered into by any person 
engaged in the growing, handling, or movement of regulated articles 
interstate if such persons review with an inspector each stipulation of 
the compliance agreement, have facilities and equipment to carry out 
disinfestation procedures or application of chemical materials in 
accordance with Sec. 301.89-11, and meet applicable State training and 
certification standards under the Federal Insecticide, Fungicide, and 
Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters into 
a compliance agreement with APHIS must agree to comply with the 
regulations.

Cancellation of a Certificate, Limited Permit, or Compliance Agreement

    Section 301.89-7 provides that an inspector may cancel a 
certificate, limited permit, or compliance agreement, orally or in 
writing, whenever the inspector determines that the holder of the 
certificate or limited permit, or the person who has entered into the 
compliance agreement, has not complied with the regulations. If the 
cancellation is oral, the cancellation will become effective upon 
notification by the inspector. The cancellation and the reasons for the 
cancellation will then be confirmed in writing as soon as circumstances 
allow within 20 days after oral notification of the cancellation. Any 
person whose certificate, limited permit, or compliance agreement has 
been canceled may appeal the decision, in writing, within 10 days after 
receiving the written cancellation notice. The appeal must state all of 
the facts and reasons that the person wants the Administrator to 
consider in deciding the appeal. A hearing may be held to resolve any 
conflict as to any material fact. Rules of practice for the hearing 
will be adopted by the Administrator. As soon as practicable, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision.

Assembly and Inspection of Regulated Articles

    Section 301.89-8(a) provides that any person who requires 
certification or other services from an inspector must request the 
services at least 48 hours before they are needed. Section 301.89-7(b) 
provides that regulated articles must be assembled at the place and in 
the manner an inspector designates as necessary to comply with the 
regulations.

Attachment and Disposition of Certificates and Limited Permits

    Section 301.89(a) requires the consignor of a regulated article to 
ensure that the certificate or limited permit authorizing interstate 
movement of a regulated article is, at all times during interstate 
movement, attached to the regulated article, or to the outside of the 
container encasing the regulated article, or to the accompanying 
waybill. This section also provides that the certificate or limited 
permit may be attached to the consignees copy of the waybill only if 
the certificate and limited permit, and the waybill, contain a 
sufficient description of the regulated article to identify the 
regulated article. This provision is necessary for enforcement 
purposes.
    Section 301.89-9(b) requires the carrier of the article to furnish 
the certificate or limited permit to the consignee at the shipment's 
destination.

Costs and Charges

    Section 301.89-10 explains the APHIS policy that the services of an 
inspector during normal business hours will be furnished without cost 
to persons requiring the services. The user will be responsible for all 
costs and charges arising from inspection and other services provided 
outside of normal business hours.

Treatments

    Treatments of regulated articles for Karnal bunt are set forth in 
Sec. 301.89-11. These treatments are known to be efficacious in 
destroying Karnal bunt teliospores. To meet the requirements of the 
regulations for treatments, all conveyances, mechanized farm equipment, 
seed-conditioning equipment, soil-moving equipment, grain elevators and 
structures used for storing and handling wheat must be cleaned and 
disinfected by first removing all soil and plant debris, then treated 
in one of the following ways: (1) Wetting all surfaces to the point of 
runoff with a solution of sodium hypochlorite mixed with water applied 
at the rate of one gallon of a commercial chlorine bleach (5.2 percent 
sodium hypochlorite) mixed with 2.5 gallons of water (thoroughly 
washing the equipment or site after 15 minutes is recommended to 
minimize corrosion); (2) applying steam to all surfaces until the point 
of runoff; (3) cleaning with a solution of hot water and detergent, 
under high pressure (at least 30 pounds per square inch), at a minimum 
temperature of 180  deg.F.; or (4) fumigating with methyl bromide at 
the dosage of 15 pounds/1000 cubic feet for 96 hours. Soil and straw/
stalks/seed heads for decorative purposes must be fumigated with methyl 
bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent Karnal bunt from spreading to 
noninfected areas of the United States.
    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 signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

[[Page 13652]]


Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866
    This action quarantines the State of Arizona and six counties in 
New Mexico and Texas because of Karnal bunt and restricts the 
interstate movement of regulated articles from areas quarantined 
because of infestation with Karnal bunt. This emergency situation makes 
compliance with section 603 and timely compliance with section 604 of 
the Regulatory Flexibility Act (5 U.S.C. 603 and 604) impracticable. 
This rule may have a significant economic impact on a substantial 
number of small entities. If we determine this is so, then we will 
discuss the issues raised by section 604 of the Regulatory Flexibility 
Act in our Final Regulatory Flexibility Act Analysis.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which required 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) only requires administrative proceedings 
before parties may file suit in court challenging this rule upon the 
cancellation of a certificate, limited permit, or compliance agreement.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
the conclusion that the treatment of regulated articles, under the 
conditions specified in this rule, will not have a significant impact 
on the quality of the human environment. Based on the finding of no 
significant impact, the Administrator of the Animal and Plant Health 
Inspection Service has determined that an environmental impact 
statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C 4321 et seq.), (2) Regulations on the 
Council on Environmental Quality for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations 
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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 copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0121 to the information 
collection and recordkeeping requirements. Notwithstanding any other 
provision of the law, no person is required to respond to, nor shall 
any person be subject to a penalty for failure to comply with a 
collection of information, subject to the requirements of the Paperwork 
Reduction Act, unless that collection of information displays a 
currently valid OMB Control Number. 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. 96-016-3. Please send a copy of your 
comments to: (1) Docket No. 96-016-3, Regulatory Analysis and 
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238, and (2) Clearance Officer, OIRM, USDA, room 
404-W, 14th Street and Independence Avenue SW., Washington, DC 20250.
    The paperwork associated with the Karnal bunt program will include 
the completion of compliance agreements, certificates, and limited 
permits. There will also be requests for inspections. We are soliciting 
comments from the public (as well as affected agencies) concerning our 
proposed information collection and recordkeeping requirements. We need 
this outside input to help us accomplish the following:
    (1) Evaluate whether the proposed collection of information 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 collection of information, 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 responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 15 minutes per response.
    Respondents: State plant regulatory officials, shippers, growers, 
and representatives of the plant industry.
    Estimated number of respondents: 1,573.
    Estimated number of responses per respondent: 4.
    Estimated total annual burden on respondents: 1,500.
    Copies of this information collection can be obtained from: 
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250.

List of subjects in 7 CFR Part 301

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

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, 7 CFR part 301 is amended as follows:
    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 2.22, 2,80, and 371.2(c).

    2. Part 301 is amended by adding a new ``Subpart--Karnal Bunt'', 
sections 301.89 through 301.89-11, to read as follows:

Subpart--Karnal Bunt

Sec.
301.89-1  Definitions.
301.89-2  Regulated articles.
301.89-3  Quarantined areas.
301.89-4  Interstate movement of regulated articles from quarantined 
areas.
301.89-5  Issuance of a certificate or limited permit.

[[Page 13653]]

301.89-6  Compliance agreements.
301.89-7  Cancellation of a certificate, limited permit, or 
compliance agreement.
301.89-8  Assembly and inspection of regulated articles.
301.89-9  Attachment and disposition of certificates and limited 
permits.
301.89-10  Costs and charges.
301.89-11  Treatments.

Subpart--Karnal Bunt


Sec. 301.89-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health 
Inspection 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 U.S. Department of Agriculture.
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart 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 that 
are moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Conveyances. Containers used to move wheat, durum wheat, or 
triticale, or their products, including trucks, trailers, railroad 
cars, bins, and hoppers.
    Farm tools. An instrument worked or used by hand, e.g., hoes, 
rakes, shovels, and axes.
    Infestation (infected). The presence of Karnal bunt, or any stage 
of development of the fungus Tilletia indica (Mitra) Mundkur, or the 
existence of circumstances that make it reasonable to believe that 
Karnal bunt is present.
    Inspector. An APHIS employee or designated cooperator/collaborator 
authorized by the Administrator to enforce the provisions of this 
subpart.
    Interstate. From any State into or through any other State.
    Karnal bunt. A plant disease caused by the fungus Tilletia indica 
(Mitra) Mundkur.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for interstate movement only to a specified destination and in 
accordance with conditions specified on the permit.
    Mechanized cultivating equipment and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including 
tillage attachments for farm tractors--e.g., tractors, disks, plows, 
harrows, planters, and subsoilers; mechanized equipment used for 
harvesting purposes--e.g., combines, cotton harvesters, and hay balers.
    Milling products and byproducts. Products resulting from processing 
wheat, durum wheat, or triticale, including animal feed, and waste and 
debris.
    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.


Sec. 301.89-2  Regulated articles.

    The following are regulated articles:
    (a) Conveyances, including trucks, railroad cars, and other 
containers used to move wheat, durum wheat, or triticale;
    (b) Grain elevators/equipment/structures used for storing and 
handling wheat, durum wheat, and triticale;
    (c) Milling products or byproducts, except flour;
    (d) Plants, or plant parts, including grain, seed, or straw of all 
varieties of the following species:

    Wheat: Triticum aestivum;
    Durum wheat: Triticum durum; and
    Triticale: Triticum aestivum X Seale cereals;

    (e) Root crops with soil;
    (f) Soil from areas where field crops are produced;
    (g) Manure from animals that have fed on wheat, durum wheat, or 
triticale;
    (h) Used bags, sacks and containers;
    (i) Used farm tools;
    (j) Used mechanized cultivating equipment;
    (k) Used mechanized harvesting equipment;
    (l) Used seed conditioning equipment;
    (m) Used mechanized soil-moving equipment; and
    (n) Any other product, article or means of conveyance when:
    (i) An inspector determines that it presents a risk of spreading 
Karnal bunt due to its proximity to an infestation of Karnal bunt; and
    (ii) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.


Sec. 301.89-3  Quarantined areas.

    (a) The Administrator will quarantine each State or each portion of 
a State that is infected.
    (b) Less than an entire State will be listed as a quarantined area 
only if the Administrator:
    (1) (i) Determines that the State has adopted and is enforcing 
restrictions on the intrastate movement of the regulated articles 
listed in Sec. 301.89-2 that are equivalent to the interstate movement 
restrictions imposed by this subpart; and
    (ii) Determines that designating less than the entire State as a 
quarantined area will prevent the spread of Karnal bunt; or
    (2) Exercises his or her extraordinary emergency authority under 7 
U.S.C. 150dd.
    (c) The Administrator may include noninfected acreage within a 
quarantined area due to its proximity to an infestation or 
inseparability from the infected locality for quarantine purposes, as 
determined by:
    (1) Projections of the spread of Karnal bunt along the periphery of 
the infestation;
    (2) The availability of natural habitats and host materials within 
the noninfected acreage that are suitable for establishment and 
survival of Karnal bunt; and
    (3) The necessity of including uninfected acreage within the 
quarantined area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of the nonquarantined area, or, in the case of 
publicly owned land, to the person responsible for the management of 
the nonquarantined area. Thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area 
either will be added to the list of designated quarantined areas in 
paragraph (e) of this section, or the Administrator will terminate the 
designation. The owner or person in possession of, or, in the case of 
publicly owned land, the person responsible for the management of, an 
area for which the designation is

[[Page 13654]]
terminated will be given written notice of the termination as soon as 
practicable.
    (e) The following areas are designated as quarantined areas:

Arizona

    The entire State.

New Mexico

    Dona Ana County. The entire county.
    Hidalgo. The entire county.
    Luna County. The entire county.
    Sierra County. The entire county.

Texas

    El Paso County. The entire county.
    Hudspeth. The entire county.


Sec. 301.89-4  Interstate movement of regulated articles from 
quarantined areas.

    (a) Any regulated article may be moved interstate from a 
quarantined area into or through an area that is not quarantined only 
if moved under the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.89-5 and 301.89-9;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the quarantined area from 
an area that is not quarantined;
    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the quarantined area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of contamination with 
Karnal bunt, or has been treated in accordance with the methods and 
procedures prescribed in Sec. 301.89-11 while in or moving through any 
quarantined area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity; or
    (3) Without a certificate or limited permit, provided the regulated 
article is a soil sample being moved to a laboratory approved by the 
Administrator 1 to process, test, or analyze soil samples.

    \1\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
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    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article in interstate 
commerce, the inspector is authorized to stop the person or means of 
conveyance to determine whether a regulated article is present and to 
inspect the regulated article. Articles found to be infected by an 
inspector, and articles not in compliance with the regulations in this 
subpart, may be seized, quarantined, treated, subjected to other 
remedial measures, destroyed, or otherwise disposed of. Any treatments 
will be in accordance with the methods and procedures prescribed in 
Sec. 301.89-11.


Sec. 301.89-5  Issuance of a certificate or limited permit.

    (a) An inspector 2 or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article if he or she determines that the regulated article:

    \2\  Inspectors are assigned to local offices of APHIS, which 
are listed in local telephone directories. Information concerning 
such local offices may also be obtained from the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, Domestic 
and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236, or from Karnal Bunt Project, 1688 W. Adams St., 
Phoenix, Arizona 85007.
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    (1) Is eligible for unrestricted movement under all other 
applicable Federal domestic plant quarantines and regulations;
    (2) Is to be moved in compliance with any emergency conditions the 
Administrator may impose under 7 U.S.C. 150dd to prevent the artificial 
spread of Karnal bunt 3; and

    \3\  Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd) 
authorizes the Secretary of Agriculture to impose emergency measures 
necessary to prevent the spread of plant pests new to, or not widely 
prevalent or distributed within and throughout, the United States.
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    (3) (i) Is free of Karnal bunt infestation, based on laboratory 
results of testing, and history of previous infestation;
    (ii) Has been grown, produced, manufactured, stored, or handled in 
a manner that would prevent infestation or destroy all life stages of 
Karnal bunt; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in Sec. 301.89-11.
    (b) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the interstate movement of a regulated 
article not eligible for a certificate if the inspector determines that 
the regulated article:
    (1) Is to be moved interstate to a specified destination for 
specified handling, utilization, or processing (the destination and 
other conditions to be listed in the limited permit and/or compliance 
agreement), and this interstate movement will not result in the 
artificial spread of Karnal bunt because Karnal bunt will be destroyed 
or the risk mitigated by the specified handling, utilization, or 
processing;
    (2) Is to be moved interstate in compliance with any additional 
emergency conditions the Administrator may impose under 7 U.S.C. 150dd 
to prevent the artificial spread of Karnal bunt; and
    (3) Is eligible for interstate movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.89-6 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and 
limited permits may then be completed and used, as needed, for the 
interstate movement of regulated articles that have met all of the 
requirements of paragraph (a) or (b), respectively, of this section.


Sec. 301.89-6  Compliance agreements.

    Persons who grow, handle, or move regulated articles interstate may 
enter into a compliance agreement 4 if such persons review with an 
inspector each stipulation of the compliance agreement, have facilities 
and equipment to carry out disinfestation procedures or application of 
chemical materials in accordance with Sec. 301.89-11, and meet 
applicable State training and certification standards under the Federal 
Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 
136b). Any person who enters into a compliance agreement with APHIS 
must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.

    \4\  Compliance agreements may be initiated by contacting a 
local office of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices of Plant Protection and Quarantine may also be obtained from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, 4700 River Road Unit 134, Riverdale, Maryland 20737-
1236, or from the Karnal Bunt Project, 1688 W. Adams St., Phoenix, 
Arizona 85007.
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Sec. 301.89-7  Cancellation of a certificate, limited permit, or 
compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart.

[[Page 13655]]
If the cancellation is oral, the cancellation will become effective 
immediately and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances allow, but within 
20 days after oral notification of the cancellation. Any person whose 
certificate, limited permit, or compliance agreement has been canceled 
may appeal the decision, in writing, within 10 days after receiving the 
written cancellation notice. The appeal must state all of the facts and 
reasons that the person wants the Administrator to consider in deciding 
the appeal. A hearing may be held to resolve any conflict as to any 
material fact. Rules of practice for the hearing will be adopted by the 
Administrator. As soon as practicable, the Administrator will grant or 
deny the appeal, in writing, stating the reasons for the decision.


Sec. 301.89-8  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector 5 at least 48 hours before the 
services are needed.

    \5\  See footnote 2.
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    (b) The regulated articles must be assembled at the place and in 
the manner the inspector designates as necessary to comply with this 
subpart.


Sec. 301.89-9  Attachment and disposition of certificates and limited 
permits.

    (a) The consignor must ensure that the certificate or limited 
permit authorizing interstate movement of a regulated article is, at 
all times during interstate movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill: Provided, 
that the descriptions of the regulated article on the certificate or 
limited permit, and on the waybill, are sufficient to identify the 
regulated article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the shipment's destination.


Sec. 301.89-10  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The user will 
be responsible for all costs and charges arising from inspection and 
other services provided outside of normal business hours.


Sec. 301.89-11  Treatments.

    (a) All conveyances, mechanized farm equipment, seed-conditioning 
equipment, soil-moving equipment, grain elevators and structures used 
for storing and handling wheat, durum wheat, or triticale must be 
cleaned and disinfected by removing all soil and plant debris and:
    (1) Wetting all surfaces to the point of runoff with a solution of 
sodium hypochlorite mixed with water applied at the rate of 1 gallon of 
commercial chlorine bleach (5.2 percent sodium hypochlorite) mixed with 
2.5 gallons of water. The equipment or site should be thoroughly washed 
down after 15 minutes to minimize corrosion; or
    (2) Applying steam to all surfaces until the point of runoff;
    (3) Cleaning with a solution of hot water and detergent, under high 
pressure (at least 30 pounds per square inch), at a minimum temperature 
of 180  deg.F.; or
    (4) Fumigating with methyl bromide at the dosage of 15 pounds/1000 
cubic feet for 96 hours.
    (b) Soil, and straw/stalks/seed heads for decorative purposes must 
be treated by fumigation with methyl bromide at the dosage of 15 
pounds/1000 cubic feet for 96 hours.

    Done in Washington, DC, this 25th day of March, 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-7545 Filed 3-27-96; 8:45 am]
BILLING CODE 3410-34-P