[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23620-23628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11357]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-19]
RIN 0579-AA83


Karnal Bunt Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Karnal bunt regulations to modify the 
criteria for classifying regulated areas by including in those criteria 
a requirement that a bunted wheat kernel be found in or associated with 
a field within an area before that area will be designated as a 
regulated area. We are also modifying the classification of restricted 
areas by establishing separate restricted areas for seed and for 
regulated articles other than seed. We are taking this action because 
tests currently available for use in identifying spores do not allow us 
to differentiate between small numbers of Karnal bunt spores and the 
spores of an as yet unnamed, but widely distributed, ryegrass smut. 
This action will have the effect of removing some areas in

[[Page 23621]]

Arizona and California from the list of regulated areas and will 
relieve restrictions on the movement of grain and other regulated 
articles from additional areas in Arizona, California, New Mexico, and 
Texas.

DATES: Interim rule effective April 25, 1997. Consideration will be 
given only to comments received on or before June 2, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-016-19, 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. 96-016-19. 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. Mike Stefan, Operations Officer, 
Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, (301) 734-8247.

SUPPLEMENTARY INFORMATION: Karnal bunt is a fungal disease of wheat 
(Triticum aestivum), durum wheat (Triticum durum), and triticale 
(Triticum aestivum X Secale cereale), a hybrid of wheat and rye. Karnal 
bunt is caused by the smut fungus Tilletia indica (Mitra) Mundkur and 
is spread by spores. In the absence of measures taken by the U.S. 
Department of Agriculture (USDA) to prevent its spread, the 
establishment of Karnal bunt in the United States could have 
significant consequences with regard to the export of wheat to 
international markets. The regulations regarding Karnal bunt are set 
forth in 7 CFR 301.89-1 through 301.89-14.
    On October 4, 1996, we published in the Federal Register (61 FR 
52190-52213, Docket No. 96-116-14) a final rule that, in part, 
established criteria for levels of risk for areas with regard to Karnal 
bunt and for the movement of regulated articles based on those 
criteria. In that final rule, levels of risk were assigned to areas 
based on their proximity to fields in which Karnal bunt spores were 
detected during preharvest samples or in which contaminated seed was 
planted.
    In November 1996, a sample of a forage mixture containing wheat 
seed and seed of a number of grass species was tested and found to 
contain Karnal bunt-like teliospores. By a process of elimination, it 
was eventually determined that the source of the teliospores was the 
annual ryegrass in the forage mixture. Subsequent research showed that 
the teliospores associated with the ryegrass seed were produced by a 
disease different from Karnal bunt, but with teliospores that are so 
similar as to be indistinguishable by tests currently available. As a 
result of the survey, testing, and research activities carried out by 
the Animal and Plant Health Inspection Service (APHIS), Agricultural 
Research Service, and several State agricultural agencies, we believe 
that:
     A substantial portion of the ryegrass seed produced in the 
United States contains teliospores produced by an as yet unnamed smut 
affecting ryegrass;
     This seed has been widely distributed in the United States 
and to at least 26 foreign countries, and it is likely that this wide 
distribution has contributed to the ryegrass smut disease becoming well 
established;
     Ryegrass is one of the most common weeds occurring in 
wheat fields, and is frequently planted with wheat in forage and 
pasture mixes;
     Information currently available indicates that it is 
impossible to make a definitive determination as to the identity of 
teliospores when only small numbers are present. In most surveys in 
which Karnal bunt teliospores were found, the number of spores detected 
in the sample were five or fewer. Previous methods of identifying 
teliospores included size, morphology, and the results of DNA/PCR 
tests. None of these methods are practical for determining whether 
small numbers of teliospores detected are Karnal bunt or the ryegrass 
smut; and
     Scientists consulted by APHIS have concluded that a 
positive determination as to the presence of Karnal bunt can now be 
made only when bunted wheat kernels are present.
    Based on the considerations listed above, we concluded that the 
detection of spores alone does not now allow us to make a conclusive 
determination that Karnal bunt disease is present in an area or 
article. That conclusion had an immediate effect on the States of 
Alabama, Florida, Georgia, and Tennessee, where grain in a number of 
storage facilities had been found to be contaminated with spores that 
appeared to be Karnal bunt spores, and on South Carolina, where seed 
from a seed lot contaminated with those spores had been planted. 
Specifically, we announced on March 17, 1997, that we were lifting all 
emergency action notifications affecting those States due to the fact 
that no bunted wheat kernels had been detected in those areas, only the 
Karnal bunt-like spores. In that same announcement, we stated our 
intention to develop a new regulatory standard for determining the 
presence of Karnal bunt that would apply to all parts of the United 
States. Therefore, we are amending the Karnal bunt regulations to make 
them consistent with our determination that the detection of a bunted 
wheat kernel is necessary to confirm the presence of Karnal bunt.

Classification of Regulated Areas

    In Sec. 301.89-3(e), we have revised the criteria for classifying 
regulated areas. Those criteria had been based on a finding that a 
field contained spores or had been planted with seed that tested 
positive for the presence of spores; we are now requiring that a bunted 
wheat kernel be found in or associated with a field within an area 
before that area will be designated as a regulated area.
    In revising the classification criteria, we have retained the 
categories of restricted areas and surveillance areas, but we have 
split the category of restricted area to establish restricted areas for 
seed, which is the regulated article that presents the greatest risk of 
spreading Karnal bunt, and restricted areas for regulated articles 
other than seed. Because of the higher risk presented by seed, 
restricted areas for seed cover a larger area than do the restricted 
areas for regulated articles other than seed.
    Under the new classification criteria, a restricted area for seed 
is a distinct definable area that includes at least one field that has 
been associated with a bunted wheat kernel. A field's association with 
a bunted wheat kernel will be established when it has been determined 
that:
     A bunted wheat kernel was found in the field during 
surveys;
     Seed from a lot contaminated with a bunted wheat kernel 
was planted in the field; or
     The field was found during surveys to contain spores and 
was traced back from a handling facility in which grain containing a 
bunted wheat kernel is stored.
    The boundaries of a restricted area for seed--i.e., how much of an 
area surrounding the field or fields found to be associated with a 
bunted wheat kernel will be included within the restricted area for 
seed--will be determined in accordance with the existing criteria in 
paragraphs (b) through (d) of Sec. 301.89-3, which provide for 
regulating less than an entire State, the inclusion of noninfected 
acreage in a regulated area, and the

[[Page 23622]]

temporary designation of nonregulated areas as regulated areas.
    The individual fields that are determined to be associated with a 
bunted wheat kernel are also designated as restricted areas for 
regulated articles other than seed. The identity of those fields is 
determined using the same criteria discussed above with regard to 
restricted areas for seed, but it is the field itself, without any 
adjacent areas, that is designated as the restricted area for regulated 
articles other than seed.
    Surveillance areas are those areas that include at least one field 
in which a bunted wheat kernel was found during surveys or one field in 
which spores were found during survey and that field was traced back 
from a handling facility in which grain containing a bunted wheat 
kernel was stored. These classification criteria are similar to those 
used to classify fields in the two restricted area categories, the 
difference being that the restricted area categories include fields 
planted with contaminated seed. Because a surveillance area will, in 
all cases, fall within the boundaries of a restricted area for seed, a 
surveillance area designation will only have an effect, for the 
purposes of movement, on the movement of regulated articles other than 
seed. The boundaries of a surveillance area will be determined using 
the criteria in paragraphs (b) through (d) of Sec. 301.89-3, which 
provide for regulating less than an entire State, the inclusion of 
noninfected acreage in a regulated area, and the temporary designation 
of nonregulated areas as regulated areas.

List of Regulated Areas

    The list of regulated areas in Sec. 301.89-3(f) has been revised to 
reflect the new area classifications and the new regulated areas that 
have been identified based on the revised classification criteria 
discussed above. The regulated areas are still listed alphabetically by 
State, and each classification--i.e. restricted area for seed, 
restricted area for regulated articles other than seed, and 
surveillance area--lists areas or fields by county. Where individual 
fields are listed, they are designated by specific field numbers that 
have been assigned by State or local agricultural agencies or by the 
growers themselves. In all cases, the owners of those fields have 
already been notified of the regulatory status of their fields.
    In Arizona, the counties of La Paz, Maricopa, Pinal, and Yuma are 
designated as restricted areas for seed due to the detection of bunted 
wheat kernels or the planting of contaminated seed in fields within 
those counties. In all, 21 fields were found with bunted wheat kernels 
during the 1996 preharvest surveys in those counties, and 103 fields--5 
of which are among the 21 fields found to contain bunted wheat 
kernels--were identified as having been planted with contaminated seed. 
Those 119 fields found to contain bunted wheat kernels or that were 
planted with contaminated seed comprise the restricted areas for 
regulated articles other than seed in Arizona and are listed 
individually by county. Cochise, Graham, and Pima counties have been 
removed from the list of regulated areas, and the size of the regulated 
areas in La Paz, Maricopa, Pinal, and Yuma counties has been reduced.
    The surveillance areas in Arizona are located in La Paz, Maricopa, 
and Pinal counties, where the 21 fields found to contain bunted wheat 
kernels were located. The borders of the surveillance areas in Arizona 
extend roughly 3 miles in each direction from each bunted wheat kernels 
field or cluster of bunted wheat kernel fields; the edges of each 
surveillance area lie along township and range lines in order that they 
may be described clearly and consistently. This 3-mile radius around 
the bunted wheat kernel fields or field clusters was established for 
Arizona based on the experience gained through our Karnal bunt control 
efforts and on our knowledge of the epidemiology of plant diseases. The 
3-mile radius encompasses, in most cases, fields that share common 
ownership with the fields in which bunted wheat kernels were detected. 
Given that the disease may be spread through contaminated farm 
equipment, we believe that this common ownership factor must be 
considered. Supporting this consideration is our finding that 56 
percent of the spore-positive fields in Arizona fall within the 9 
square miles surrounding fields found to contain bunted wheat kernels. 
Beyond the 3-mile radius, the number of additional spore-positive 
fields does not increase as quickly: A 5-mile radius (25 square miles) 
encompasses 73 percent of the spore-positive fields--a 17-percent 
increase--and a 10-mile radius (100 square miles) takes in 77 percent 
of the spore-positive fields. We have determined, therefore, that 
establishing surveillance areas in Arizona that extend approximately 3 
miles around the fields found to contain bunted wheat kernels will 
allow us to concentrate on the areas from which the movement of 
regulated articles presents the highest risk without unnecessarily 
extending restrictions into lower-risk areas.
    In California, the Bard-Winterhaven area of Imperial County and the 
Palo Verde Valley area of Imperial and Riverside counties are 
designated as restricted areas for seed. The Bard-Winterhaven area is 
designated as a restricted area for seed because it abuts Yuma County, 
Arizona, and falls within a distinct definable wheat production area 
that includes fields in Yuma County that were planted with contaminated 
seed. The Palo Verde Valley is designated as a restricted area for seed 
because 55 fields within the valley are considered to be positive for 
Karnal bunt. The 55 fields had not been examined individually for 
bunted wheat kernels during the 1996 surveys, but they had been found 
to contain spores. Grain from those fields that had been commingled at 
a grain storage facility was found to contain bunted wheat kernels that 
could not be traced back to any individual field or fields. The 
combination of spores in the fields and bunted wheat kernels in grain 
associated with the fields gives us reason to believe that those fields 
are affected with Karnal bunt. Those 55 fields in the Palo Verde Valley 
comprise the restricted area for regulated articles other than seed in 
California; all the fields are located in Riverside County and are 
listed under the entry for that county. The remaining areas in Imperial 
and Riverside counties that had been classified as regulated areas have 
been removed from the list of regulated areas.
    In New Mexico, there are 106 fields located in Dona Ana, Hidalgo, 
Luna, and Sierra counties that were identified as having been planted 
with contaminated seed. Those 106 fields comprise the restricted areas 
for regulated articles other than seed in the State, and the areas 
surrounding those fields, which are the same as the regulated areas of 
New Mexico described in the October 4, 1996, final rule, are designated 
as restricted areas for seed. Because there were no fields found to 
contain bunted wheat kernels in New Mexico--only fields planted with 
contaminated seed--there are no surveillance areas in the State.
    There are 24 fields located in El Paso and Hudspeth counties, 
Texas, that were identified as having been planted with contaminated 
seed. Those 24 fields comprise the restricted areas for regulated 
articles other than seed in the State, and the areas surrounding those 
fields, which are the same as the regulated areas of Texas described in 
the October 6, 1996, final rule, are designated as restricted areas for 
seed. Because there were no fields found to

[[Page 23623]]

contain bunted wheat kernels in Texas--only fields planted with 
contaminated seed--there are no surveillance areas in the State.
    Maps showing the location of all the regulated areas described 
above, including the individual fields listed as restricted areas for 
regulated articles other than seed, 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. Those maps are available for inspection at the APHIS 
field offices listed below.
    Regulated Areas in Arizona and California:

Phoenix Karnal Bunt Office, 3658 East Chipman Road, Phoenix, AZ, phone 
(602) 414-4740;
Buckeye Karnal Bunt Office, 26405 West Highway 85, Buckeye, AZ, phone 
(602) 386-4514;
Casa Grande Karnal Bunt Office, 884 West Highway 84, Casa Grande, AZ, 
phone (520) 836-5192; and
Yuma Karnal Bunt Office, 350 West 16th Street, room 305, Yuma, AZ, 
phone (520) 783-3901.

    Regulated areas in New Mexico: USDA-APHIS-PPQ Karnal Bunt Office, 
Mike Perry, 270 South 17th Street, Las Cruces, NM, phone (505) 527-
6983.
    Regulated areas in Texas: USDA-APHIS-PPQ, George Nash, 903 San 
Jacinto Boulevard, suite 270, Austin, TX, phone (512) 916-5241 or (512) 
916-5242.
    As noted in previous paragraphs, we have removed several areas in 
Arizona and California from the list of regulated areas, which means 
that growers and other persons in those areas will no longer be subject 
to restrictions on the movement of regulated articles from the areas no 
longer listed in Sec. 301.89-3(f). APHIS will, however, continue to 
check for bunted wheat kernels in samples drawn from grain grown in 
those areas to ensure continued confidence, both nationally and 
internationally, in APHIS' Karnal bunt control measures and 
certification. The data gathered could also be used as the basis for 
releasing specific areas from regulation for the purposes of seed 
movement.

Planting Within Regulated Areas

    We have made three changes to the restrictions of Sec. 301.89-4, 
``Planting,'' to make that section consistent with the amended 
regulations described above. First, we have removed a reference in 
paragraph (a) to the planting of wheat, durum wheat, and triticale in 
fields outside of a regulated area because there are no restrictions 
placed by the regulations on fields outside of the regulated areas 
described in Sec. 301.89-3(f).
    Second, we have removed paragraphs (a)(1) and (a)(2), which stated 
that wheat, durum wheat, and triticale may not be planted during the 
1996-1997 crop season in fields that tested positive for Karnal bunt 
during preharvest samples or that had been planted with contaminated 
seed. Those paragraphs have been replaced with a single paragraph 
stating that those crops may not be planted in a field listed in 
Sec. 301.89-3(f) as a restricted area for regulated articles other than 
seed. The new paragraph has the same effect as the two it replaces in 
that it prohibits the planting of wheat, durum wheat, and triticale in 
a field within a restricted area; however, the fields themselves are 
now the restricted areas and can be referred to as such.
    Third, we have revised paragraph (b) of Sec. 301.89-4 to remove the 
requirement for testing seed that originated outside the regulated area 
prior to its being planted within the regulated area. We have no reason 
to believe that seed originating outside the regulated areas poses a 
risk of spreading Karnal bunt--which is why the regulations place no 
restrictions on the movement of such seed--so we do not believe it is 
necessary for that seed to be tested prior to planting in a regulated 
area.

Movement Restrictions for Grain

    We have amended Sec. 301.89-6, ``Issuance of a certificate or 
limited permit,'' to relax the testing requirements for grain. Grain to 
be moved from a surveillance area will be required to undergo one test 
and be found free from spores in order for the grain to qualify for 
movement under a certificate. Grain from a surveillance area had been 
required to undergo two tests, with the second one occurring at the 
means of conveyance or storage facility immediately prior to movement. 
We have eliminated the requirement for the first test based on two 
factors: the low confidence in the efficacy of the first test, and our 
increased confidence in the efficacy of the sampling and testing of 
grain at the means of conveyance or storage facility.
    In the 1995-1996 crop season, the first test was done on a 
preharvest sample taken in the field. We have determined that testing a 
preharvest sample in addition to testing grain at the means of 
conveyance or storage facility does not significantly improve the 
detection of Karnal bunt. Karnal bunted kernels occur in clusters 
within fields, so that spores from the clusters are not randomly 
distributed throughout the field. This significantly decreases the 
chances of finding a spore in a preharvest sample taken from a field. 
In contrast, we have found that the routine handling of grain prior to 
its being loaded onto a conveyance mixes the grain to the extent that 
the majority of spores present in the grain will be distributed 
throughout the grain by the time it is loaded onto a conveyance. That 
finding led us to conclude that there is a 99 percent probability of 
finding spores in a 50 gram sample taken at the means of conveyance or 
storage facility when there is a single bunted wheat kernel in 1.5 
million kernels. We found that testing a preharvest sample increases 
that probability by only .05 percent. Based on the high level of 
confidence of tests done on samples taken at the means of conveyance or 
storage facility, and the minimal improvement in the detection levels 
offered by tests done on preharvest samples, we believe that a single 
test performed at the means of conveyance immediately prior to movement 
will enable us to detect the presence of Karnal bunt spores in grain 
aboard a conveyance.
    In view of our finding that the first test formerly required by the 
regulations should be discontinued because it does not significantly 
aid the efficacy of our Karnal bunt program, owners and handlers of 
grain may wish to consider arranging their own tests for their grain 
before it is commingled with grain from other sources, if they believe 
such testing would provide them with useful business information about 
the Karnal bunt status of their grain.
    Grain found to contain spores will be ineligible for movement under 
a certificate due to the fact that the grain will have originated in a 
surveillance area, i.e., an area that includes at least one field in 
which a bunted wheat kernel has been detected. That link to bunted 
wheat kernels gives us reason to believe that grain containing spores 
presents a greater risk of being infected with Karnal bunt, so we will 
allow grain found to contain spores to be moved only under a limited 
permit, which means that the grain will be subject to measures intended 
to mitigate the risk of the grain spreading Karnal bunt.
    Also in Sec. 301.89-6, we have removed paragraph (d), which sets 
forth the eligibility requirements for the movement of grain from a 
restricted area. Grain may not be grown in a field listed in 
Sec. 301.89-3(f) as a restricted area for regulated articles other than 
seed, so those eligibility requirements are no longer applicable.

[[Page 23624]]

Other Changes

    We have amended the definition of distinct definable area to make 
it consistent with the changes to the classification criteria for 
restricted areas. The definition had stated that an inspector would 
consider survey results, including the number of positive fields and 
the relative spore count of fields within an area, when determining the 
boundaries of a distinct definable area surrounding a restricted area. 
We have amended that definition to remove the references to the number 
of positive fields and relative spore counts because the presence of a 
single positive field in an area--i.e. a field found to contain or to 
be associated with a bunted wheat kernel--now serves as the basis for 
the classification of that area as a restricted area, and because spore 
counts no longer serve as a criterion for determining an area's 
classification.
    As a result of the changes to the criteria for classifying 
regulated areas and to the movement and planting restrictions for 
grain, much of the information contained in the chart that comprised 
``Appendix to Subpart--Karnal Bunt'' is no longer applicable. We have, 
therefore, removed the appendix from the regulations.
    In addition to those changes, we have also made two other minor 
changes to the regulations. First, we have corrected the fourth 
sentence of Sec. 301.89-3(d), which refers to ``the list of designated 
regulated areas in paragraph (e) of this section.'' That list is 
actually in paragraph (f) of Sec. 301.89-3, so we have changed the 
reference to reflect the correct location of the list. Second, we have 
redesignated footnotes 3 through 6 as footnotes 2 through 5; this 
change was necessary because the revision to Sec. 301.89-4 discussed 
above resulted in the removal of footnote 2.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment in order that the 
amended regulations are in place prior to the impending spring grain 
harvest in the affected States. Immediate action is also warranted to 
relieve restrictions on growers and other persons in certain areas of 
Arizona and California that will no longer be classified as regulated 
areas to ease the restrictions on the movement of grain and other 
regulated articles from additional areas in Arizona, California, New 
Mexico, and Texas that continue to be classified as regulated areas.
    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 30 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. 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.
    This action amends the Karnal bunt regulations by including a 
requirement that a bunted wheat kernel be found in or associated with a 
field within an area before that area will be designated as a regulated 
area. This will relieve restrictions on growers and other persons in 
certain areas of Arizona and California that no longer meet the 
criteria for classification as regulated areas. This action also eases 
the restrictions on the movement of grain and other regulated articles 
from additional areas in Arizona, California, New Mexico, and Texas 
that continue to be classified as regulated areas. We are taking this 
action on an expedited basis and are making it effective upon signature 
in order that the amended regulations published in this document are in 
place prior to the impending spring grain harvest in the affected 
States. This 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 substantially reduces the size of the area regulated for 
Karnal bunt, which means that there will no longer be restrictions 
imposed upon the movement of regulated articles such as grain, seed, 
and straw from those areas released from regulation. This rule also 
eases restrictions on the movement of grain and other regulated 
articles from those areas that remain under regulation. Given these 
changes, we anticipate that this rule will have a significant 
deregulatory impact on affected entities. As discussed in the 
regulatory flexibility analysis for the October 4, 1996, final rule 
cited above, the majority of the affected entities in the regulated 
areas have been determined to be small entities. (That regulatory 
flexibility analysis was published in the Federal Register on April 3, 
1997 [62 FR 15809-15819, Docket No. 96-016-18].) 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 requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB), and there are no new requirements. The assigned OMB 
control number is 0579-0121.
    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. 147aa, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).


Sec. 301.89-1  [Amended]

    2. In Sec. 301.89-1, the definition of distinct definable area is 
amended by removing the words ``, including the number of positive 
fields and the relative spore count of the fields within the area''.
    3. Section 301.89-3 is amended as follows:
    a. In paragraph (d), the fourth sentence is amended by removing the 
words ``paragraph (e)'' and adding the words ``paragraph (f)'' in their 
place.
    b. Paragraphs (e) and (f) are revised to read as follows.


Sec. 301.89-3  Regulated areas.

* * * * *
    (e) The Administrator will classify fields or areas within the 
regulated boundaries as either restricted areas or

[[Page 23625]]

surveillance areas according to the following categories:
    (1) Restricted areas for seed. A restricted area for seed is a 
distinct definable area that includes at least one field that has been:
    (i) Found during survey to contain a bunted wheat kernel;
    (ii) Planted with seed from a lot found to contain a bunted wheat 
kernel; or
    (iii) Found during survey to contain spores consistent with Karnal 
bunt and has been determined to be associated with grain at a handling 
facility containing a bunted wheat kernel.
    (2) Restricted areas for regulated articles other than seed. 
Individual fields will be designated as restricted areas for regulated 
articles other than seed under the following circumstances:
    (i) The field was found during survey to contain a bunted wheat 
kernel;
    (ii) The field was planted with seed from a lot found to contain a 
bunted wheat kernel; or
    (iii) The field was found during survey to contain spores 
consistent with Karnal bunt and has been determined to be associated 
with grain at a handling facility containing a bunted wheat kernel.
    (3) Surveillance areas: A surveillance area will be an area that 
includes at least one field that was either:
    (i) Found during survey to contain a bunted wheat kernel; or
    (ii) Found to contain spores consistent with Karnal bunt and has 
been determined to be associated with grain at a handling facility 
containing a bunted wheat kernel.
    (f) The following areas are designated as regulated areas, and 
those areas are divided into restricted areas or surveillance areas as 
indicated below. (Maps of the regulated areas may be obtained by 
contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, 4700 River Road Unit 134, Riverdale, MD 
20737-1236.)

Arizona

    (1) Restricted areas for seed.
    La Paz County. The entire county.
    Maricopa County. The entire county.
    Pinal County. The entire county.
    Yuma County. The entire county.
    (2) Restricted areas for regulated articles other than seed. The 
following numbered fields are restricted areas for the regulated 
articles other than seed.

La Paz County

319050508
319072200
319072212

Maricopa County

301060505
301060506
301060601
301060602
301060603
301060604
301092503
301102505
301102506
301103502
302063605
302071004
302071005
302071007
302071012
302071101
302071102
302071105
302071402
302071405
302071410
302071412
302071504
302071507
302071509
302072205
302072802
302073306
302073307
302073310
302073403
302073404
302073406
302073409
302110403
302110405
302110406
302131311
303102206
303111502
303111503
303113002
303112502
303112505
304023202
304031904
304031906
304073004
304073005
304073010
304081410
304081413
304081415
304081417
304081505
304081506
304082202
304082302
304082303
304082607
304082703
305031601
305031603
305050105
305050309
306013222
306013231
306020404
306020501
306020601
306020623
316123301
316123302
316123303
316131801
316131901
316131904
316132302
316132604
316152306
316152315

Pinal County

307011701
307011709
307012008
307012207
308102604
308102605
315220501
315220701
315220904

Yuma County

321010208
321010210E
321010301
32101SEC11
321033501
321033502
321033503
321040405
321040911
321040912
321040915
321040917
321041903
321041904
321041908
321041918
321042903
323030401
323030501
323030504
323030505
323030507
323030508
323030605A
323030608A
323030608B
    (3) Surveillance areas.
    La Paz County. The area beginning at the point where the 
Colorado River intersects the north side of Section 6, Township 7 
North, Range 21 West, then east to the northeast corner of Section 
1, Township 7 North, Range 21 West, then south to the southeast 
corner of Section 36, Township 7 North, range 21 West, then west to 
the northeast corner of Section 3, Township 6 North, range 21 West, 
then south to the southeast corner of Section 15, Township 5 North, 
Range 21 West, then west to the Colorado River, then north up the 
Colorado River to the point of beginning.
    Maricopa County. The area beginning at the northwest corner of 
Section 7, Township 1 South, Range 6 East, then east to the 
northeast corner of Section 12, Township 1 South, Range 6 East, then 
south to the southeast corner of Section 1, Township 2 South, Range 
6 East, then west to the northwest corner of Section 9, Township 2 
South, Range 6 East, then south to the southeast corner of Section 
32, Township 2 South, Range 6 East, then west to the southwest 
corner of Section 33, Township 2 South, Range 5 East, then north to 
the northwest corner of Section 4, Township 2 South, Range 5 East, 
then east to the southeast corner of Section 36, Township 1 South, 
Range 5 East, then north to the southeast corner of Section 25, 
Township 1 South, Range 5 East, then west to the southwest corner of 
Section 25, Township 1

[[Page 23626]]

South, Range 5 East, then north to the northwest corner of Section 
25, Township 1 South, Range 5 East, then east to the northeast 
corner of Section 25, Township 1 South, Range 5 East, then north to 
the point of beginning;
    The area beginning at the northwest corner of Section 19, 
Township 4 North, Range 2 West, then east to the northeast corner of 
Section 24, Township 4 North, Range 1 West, then south to the 
northwest corner of Section 6, Township 3 North, Range 1 East, then 
east to the northeast corner of Section 1, Township 3 North, Range 1 
East, then south to the southeast corner of Section 36, Township 1 
North, Range 1 East, then east to the southwest corner of Section 
31, Township 1 North, Range 1 East, then north to the northwest 
corner of Section 6, Township 1 North, Range 1 East, then west to 
the southwest corner of Section 31, Township 2 North, Range 3 West, 
then north to the point of beginning; and
    The area beginning at the northwest corner of Section 10, 
Township 1 North, Range 5 West, then east to the northeast corner of 
Section 9, Township 1 North, Range 4 West, then south to the 
southeast corner of Section 4, Township 1 South, Range 4 West, then 
west to the southwest corner of Section 3, Township 1 South, Range 5 
West, then north to the point of beginning.
    Pinal County. The area beginning at the northwest corner of 
Section 23, Township 4 South, Range 2 East, then east to the 
northeast corner of Section 23, Township 4 South, Range 3 East, then 
south to the southeast corner of Section 26, Township 5 South, Range 
3 East, then west to the southwest corner of Section 26, Township 5 
South, Range 2 East, then north to the point of beginning.

California

    (1) Restricted areas for seed. 
    Imperial County. That portion of Imperial County known as the 
Bard-Winterhaven area bounded by a line drawn as follows: Beginning 
at the intersection of the west boundary line of Range 22 East and 
the California-Arizona State line; then, north along this boundary 
line to its intersection with the All American Canal; then 
northeasterly along this canal to its intersection with the south 
boundary line of Section 25, Township 15 South, Range 23 East; then 
east along this line to its intersection with the California-Arizona 
State line; then southerly and westerly along this State line to the 
point of beginning; and
    That portion of Imperial County known as the Palo Verde Valley 
(in part) bounded by a line drawn as follows: Beginning at the 
intersection of the Riverside-Imperial County line and the 
California-Arizona State line; then, westerly and southerly along 
this State line to its intersection with the north boundary line of 
Township 10 South; then west along this boundary line to its 
intersection with the west boundary line of Range 21 East; then 
north along this boundary line to its intersection with the 
Riverside-Imperial County line; then easterly along this County line 
to the point of beginning.
    Riverside County. That portion of Riverside County known as the 
Palo Verde Valley (in part) bounded by a line drawn as follows: 
Beginning at the intersection of the north boundary line of Township 
2 South and the California-Arizona State line; then southerly and 
southwesterly along this State line to its intersection with the 
Riverside-Imperial County line; then westerly along this county line 
to its intersection with the west boundary line of Range 21 East; 
then north along this boundary line to its intersection with the 
north boundary line of Township 2 South; then east along this 
boundary line to the point of beginning.
    (2) Restricted areas for regulated articles other than seed. The 
following numbered fields are restricted areas for the regulated 
articles other than seed.

Riverside County

01  Desert
05  Desert
09  Desert
11  Desert
12  Desert
23  Desert
28  Desert
44  Desert
55  Desert
56  Desert
57  Desert
N08  Desert
N09  Desert
N10  Desert
N11  Desert
N14  Desert
N15  Desert
N16  Desert
N17  Desert
N18  Desert
N19  Desert
N26  Desert
N27  Desert
N28  Desert
N29  Desert
N30  Desert
N31  Desert
N32  Desert
N33  Desert
N37  Desert
N42  Desert
N43  Desert
N44  Desert
N45  Desert
N46  Desert
N47  Desert
N48  Desert
N49  Desert
N50  Desert
N51  Desert
N52  Desert
N55  Desert
N56  Desert
N57  Desert
N58  Desert
N59  Desert
N117  Desert
N118  Desert
N119  Desert
N120  Desert
N121  Desert
N128  Desert
N129  Desert
N130  Desert
N136  Desert
    (3) Surveillance areas.
    Imperial County. That portion of Imperial County known as the 
Palo Verde Valley (in part) bounded by a line drawn as follows: 
Beginning at the intersection of the Riverside-Imperial County line 
and the California-Arizona State line; then, westerly and southerly 
along this State line to its intersection with the north boundary 
line of Township 10 South; then west along this boundary line to its 
intersection with the west boundary line of Range 21 East; then 
north along this boundary line to its intersection with the 
Riverside-Imperial County line; then easterly along this County line 
to the point of beginning.
    Riverside County. That portion of Riverside County known as the 
Palo Verde Valley (in part) bounded by a line drawn as follows: 
Beginning at the intersection of the north boundary line of Township 
2 South and the California-Arizona State line; then southerly and 
southwesterly along this State line to its intersection with the 
Riverside-Imperial County line; then westerly along this county line 
to its intersection with the west boundary line of Range 21 East; 
then north along this boundary line to its intersection with the 
north boundary line of Township 2 South; then east along this 
boundary line to the point of beginning.

New Mexico

    (1) Restricted areas for seed.
    Dona Ana County. Beginning at the intersection of the Sierra-
Dona Ana County line and Interstate 25; then south along Interstate 
25 to the Texas State line; then west and south along the New 
Mexico-Texas State line to the United States-Mexico boundary; then 
west along the United States-Mexico boundary to the Luna-Dona Ana 
County line; then north and east along the Dona Ana County line to 
the point of beginning.
    Hidalgo County. Beginning at the intersection of the Arizona-New 
Mexico State line and Interstate 10; then east along Interstate 10 
to the Hidalgo-Grant County line; then south and east along the 
Hidalgo County line to the Luna County line; then south along the 
Hidalgo County line to its southernmost point; then west and north 
along the Hidalgo county line to point of beginning.
    Luna County. Beginning at the intersection of the Grant-Luna 
County line and Interstate 10; then east along Interstate 10 to U.S. 
Highway 180; then north along U.S. Highway 180 to State Route 26; 
then north along State Route 26 to State Route 27; then north along 
State Route 27 to the Luna-Sierra County line; then east along the 
Luna County line to the Dona Ana County line; then south along the 
Luna County line to the United States-Mexico boundary; then west 
along the United States-Mexico boundary to the Hidalgo County line; 
then north along the Luna County line to the point of beginning.
    Sierra County. Beginning at intersection of the Luna-Sierra 
County line and State Route 27; then north along State Route 27 to 
State Route 152; then east along State Route 152 to Interstate 25; 
then south along Interstate 25 to the Dona Ana County line; then 
west and south to the Luna County line; then west along the Luna-
Sierra County line to the point of beginning; and
    Beginning at the intersection of the Socorro-Sierra County line 
and State Route

[[Page 23627]]

142; then southeast along State Route 142 to State Route 52; then 
south along State Route 52 to Interstate 25; then north along 
Interstate 25 to the Socorro-Sierra County line; then west along the 
Socorro-Sierra County line to the point of beginning.
    (2) Restricted areas for regulated articles other than seed. The 
following numbered fields are restricted areas for the regulated 
articles other than seed.

Dona Ana County

02-01
02-02
02-03
02-04
08-01
08-02
08-03
08-04
11-01
11-02
13-01
13-02
13-03
13-13
13-04
13-05
13-06
13-08
13-09
13-10
13-11
25-01
25-02
27-01
28-01
29-01
29-02
29-03
29-04
33-01
33-02
33-03
33-04
33-10
37-01
37-02
37-03
37-04
41-01

Hidalgo County

43-01
44-01

Luna County

46-01
46-02
49-01
49-02
49-03
49-04
49-05
49-06
49-07
49-08
49-09
49-10
49-11
49-12
49-13
62-01
62-02
62-03
65-01
65-02
65-03
65-04
69-01
69-02
71-01
71-02
71-03
71-04
71-05
71-06
71-07

Sierra County

29-05
29-06
33-05
33-06
33-07
33-08
33-09
33-11
79-01
79-02
81-01
81-02
81-03
81-04
81-05
81-06
81-07
81-08
81-09
81-10
81-11
81-12
81-13
81-14
81-15
81-16
81-17
81-18
81-19
81-20
81-21
81-22
85-01
94-01
    (3) Surveillance areas. None.

Texas

    (1) Restricted areas for seed.
    El Paso County. Beginning at a point on the Rio Grande River due 
east from the intersection of County Route 659 and County Route 375; 
then due east along an imaginary line to County Route 659; then 
north along County Route 659 to Interstate 10; then southeast along 
Interstate 10 to the El Paso County line; then southwest along the 
El Paso County line to the Rio Grande River; then north along the 
Rio Grande River to the point of beginning.
    Hudspeth County. Beginning at the intersection of the El Paso-
Hudspeth County line and Interstate 10; then southeast along 
Interstate 10 to County Route 34; then south along County Route 34 
to County Route 192; then due south along an imaginary line to the 
Rio Grande River; then northwest along the Rio Grande River to the 
El Paso-Hudspeth County line; then north along the El Paso-Hudspeth 
County line to the point of beginning.
    (2) Restricted areas for regulated articles other than seed. The 
following numbered fields are restricted areas for the regulated 
articles other than seed.

El Paso County

IB-1
IB-2
IB-3
IB-4
IB-4A
IB-5
IB-6
IB-7
IB-8
IB-9
IB-10
IB-11
IB-12
IB-13
IB-14
IB-15
TD-20
TD-21
TD-22
TD-23

Hudspeth County

TD-16
TD-17
TD-18
TD-19

    (3) Surveillance areas. None.

    4. Section 301.89-4 is revised to read as follows:


Sec. 301.89-4  Planting.

    Wheat, durum wheat, and triticale may be planted in all fields 
within a regulated area, except as follows:
    (a) Wheat, durum wheat, and triticale may not be planted in a field 
listed in Sec. 301.89-3(f) as a restricted area for regulated articles 
other than seed.
    (b) Prior to planting, wheat seed, durum wheat seed, and triticale 
seed that originated within a regulated area must be:
    (1) Tested and found free from spores and bunted wheat kernels; 
then
    (2) Treated with a fungicide in accordance with Sec. 301.89-13(d).


Sec. 301.89-5  [Amended]

    5. In Sec. 301.89-5, paragraph (a)(3), footnote 2 and its reference 
in the text are redesignated as footnote 1.
    6. Section 301.89-6 is amended as follows:
    a. In paragraph (a) introductory text and (a)(2), footnotes 3 and 4 
and their references in the text are redesignated as footnotes 2 and 3, 
respectively.
    b. Paragraph (b) is revised to read as set forth below.
    c. Paragraph (d) is removed and reserved.


Sec. 301.89-6  Issuance of a certificate or limited permit.

* * * * *
    (b) To be eligible for movement under a certificate, grain from a 
surveillance area must be tested upon being loaded into a means of 
conveyance immediately prior to movement and

[[Page 23628]]

found free from spores. If spores are found, the grain will be eligible 
for movement only under a limited permit issued in accordance with 
paragraph (c) of this section.
* * * * *


Secs. 301.89-7 and 301.89-9  [Amended]

    6. In Secs. 301.89-7 and 301.89-9, footnotes 5 and 6 and their 
references in the text are redesignated as footnotes 4 and 5, 
respectively.

Appendix to Subpart--Karnal Bunt [Removed]

    8. The ``Appendix to Subpart--Karnal Bunt'' is removed.

    Done in Washington, DC, this 25th day of April 1997.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-11357 Filed 4-30-97; 8:45 am]
BILLING CODE 3410-34-P