[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Proposed Rules]
[Pages 11392-11401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5779]


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

  Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / 
Proposed Rules  

[[Page 11392]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-34]
RIN 0579-AA83


Karnal Bunt; Reclassification of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Karnal bunt regulations by 
removing the current restricted and surveillance area categories of 
regulated areas and replacing them with a single classification. As 
part of this proposed change in the regulations, we would release from 
regulation most of the areas currently designated as restricted areas 
for seed; remove the prohibition on planting wheat, durum wheat, and 
triticale in fields associated with Karnal bunt; and remove the 
cleaning requirement for vegetables grown in those fields. Removing 
those areas currently designated as restricted areas for seed from the 
regulations would greatly reduce the total area in the southwestern 
United States that is regulated for Karnal bunt, and removing the 
planting prohibition and the vegetable cleaning requirement would ease 
restrictions on field owners in the regulated areas. We are also 
proposing to amend the list of regulated areas to add several fields or 
areas in three Arizona counties to the list of regulated areas. These 
proposed additions to the list of regulated areas are necessary due to 
the detection of bunted kernels in fields in those counties during 
1998.

DATES: Consideration will be given only to comments received on or 
before April 8, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-016-34, 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. 96-016-34. 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 20737-1236; telephone (301) 734-8899; fax 301-734-
8584; e-mail: Stephen.R.P[email protected].

SUPPLEMENTARY INFORMATION:

Background

    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, 
primarily through the movement of infected seed. 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 in the 
United States are set forth in ``Subpart--Karnal Bunt'' (7 CFR 301.89-1 
through 301.89-14, referred to below as the regulations).
    The regulations in Sec. 301.89-3(e) currently provide three 
classification categories for fields or areas within an area regulated 
for Karnal bunt. Those categories are:
     Restricted areas for seed. A restricted area for seed is a 
distinct definable area that includes at least one field that has been 
(1) found during survey to contain a bunted wheat kernel, (2) planted 
with seed from a lot found to contain a bunted wheat kernel, or (3) 
found during survey to contain spores consistent with Karnal bunt and 
determined to be associated with grain at a handling facility 
containing a bunted wheat kernel.
     Restricted areas for regulated articles other than seed. 
Individual fields are designated as restricted areas for regulated 
articles other than seed under the following circumstances: (1) The 
field was found during survey to contain a bunted wheat kernel, (2) the 
field was planted with seed from a lot found to contain a bunted wheat 
kernel, or (3) 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.
     Surveillance areas. A surveillance area is a distinct 
definable area where Karnal bunt is not known to exist but where 
intensive surveys are required because of the area's proximity to a 
field found during survey to contain a bunted kernel or because of its 
association with grain at a handling facility containing a bunted 
kernel.
    For the purposes of the production and movement of wheat, durum 
wheat, and triticale, the regulatory restrictions that currently apply 
to each category vary. Wheat, durum wheat, and triticale may not be 
planted in a restricted area for regulated articles other than seed. 
Those crops may be grown in a surveillance area and moved out of the 
regulated area as grain with a certificate if tested and found free 
from Karnal bunt or with a limited permit if bunted kernels are 
detected during testing. Commercial lots of wheat, durum wheat, or 
triticale seed grown in a surveillance area may not be moved out of the 
regulated area. Finally, wheat, durum wheat, and triticale may be grown 
as grain or seed in a restricted area for seed; grain grown in a 
restricted area for seed may be moved from the regulated area without 
restriction, and seed grown in a restricted area for seed may be moved 
from the regulated area if it meets certain eligibility criteria and 
has been tested and treated.
    In this document, we are proposing to amend the regulations by 
simplifying the classification criteria for regulated articles; 
removing the prohibition on planting wheat, durum wheat, and triticale 
in fields associated with Karnal bunt; and modifying the descriptions 
of the regulated areas in Arizona, California, New Mexico, and Texas to 
reflect the elimination of the restricted area for seed classification 
and to add new areas of Arizona in which bunted kernels were detected 
during sampling conducted in 1998. We are also

[[Page 11393]]

proposing to remove the requirement for cleaning soil and plant debris 
from vegetable crops grown in fields associated with Karnal bunt. These 
proposed changes are discussed below.

Reclassification of Regulated Areas

    As discussed above, the current regulations provide for fields and 
areas to be classified as restricted areas for seed, restricted areas 
for regulated articles other than seed, and surveillance areas. In this 
document we are proposing to remove those three categories and replace 
them with a single classification, ``regulated area.'' The proposed new 
regulated area classification would be the same as the current 
surveillance area classification in most respects, both in terms of the 
areas under regulation and the requirements for the production and 
movement of regulated articles. In those instances where there are 
individual fields listed in the regulations and those fields are not 
surrounded by surveillance areas--this is the case in New Mexico, 
western Texas (El Paso and Hudspeth Counties), and parts of Arizona 
(all of Yuma County and limited areas of Maricopa and Pinal Counties)--
those individual fields would themselves be designated as regulated 
areas.
    The proposed elimination of the restricted area for seed 
classification would mean, in almost all cases, that only those areas 
currently designated as surveillance areas or restricted areas for 
regulated articles other than seed would remain under regulation. (The 
exceptions would be found in La Paz, Maricopa, and Pinal Counties, AZ, 
where the proposed new regulated areas would include some areas 
currently designated as restricted areas for seed in order to reflect 
the detection of bunted kernels in new fields during 1998.) We are 
proposing to eliminate the restricted area for seed classification, 
along with the testing and treatment requirements that currently apply 
to commercial seed grown in those areas, because the data we have 
accumulated during the last 3 years of surveys indicates that Karnal 
bunt is not present in the restricted areas for seed. Given that 
apparent freedom from Karnal bunt, we do not believe that it is 
necessary to continue placing restrictions on the movement of seed from 
those areas currently designated as restricted areas for seed.
    We are proposing to revise Sec. 301.89-3(e) to remove the 
classification criteria for the three current restricted and 
surveillance area categories and replace them with criteria for 
classifying regulated areas. Under these proposed criteria, a field or 
area would be classified as a regulated area when:
     It is a field planted with seed from a lot found to 
contain a bunted wheat kernel; or
     It is a distinct definable area that contains at least one 
field that was found during survey to contain a bunted wheat kernel 
(the distinct definable area may include an area where Karnal bunt is 
not known to exist but where intensive surveys are required because of 
the area's proximity to a field found during survey to contain a bunted 
kernel); or
     It is a distinct definable area that contains at least one 
field that 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 (the distinct 
definable area may include an area where Karnal bunt is not known to 
exist but where intensive surveys are required because of the area's 
proximity to a field that has been associated with grain at a handling 
facility containing a bunted kernel).
    These proposed criteria combine some aspects of the three sets of 
criteria currently used to classify restricted and surveillance areas. 
As under the existing classification criteria, it is the link between a 
field and bunted kernels that would lead to a field or area being 
classified as a regulated area. That link is established when: (1) A 
field has been determined to have been planted with seed from a lot 
found to contain a bunted wheat kernel, (2) when the field was found 
during survey to contain a bunted kernel, or (3) when the field was 
found during survey to contain spores and the grain from that field has 
been associated with grain at a handling facility found to contain 
bunted kernels.
    In the first instance, it has only been established that a field 
was planted with seed from a lot found to contain bunted kernels; it 
has not been established that Karnal bunt is present in the field 
because no bunted kernels have been found in wheat grown in that field. 
For that reason, the proposed classification criteria, like the 
existing classification criteria, do not provide for buffer or 
surveillance areas to be established around the fields planted with 
seed from a lot containing bunted kernels.
    However, in the latter two instances, it has been determined that 
Karnal bunt is present in a field or that there is the very high 
likelihood that Karnal bunt is present in a field. (These are the 
fields that were found to contain bunted kernels or that were found to 
contain spores and were associated with grain in a handling facility 
found to contain bunted kernels.) Given the high degree of certainty 
regarding the presence of Karnal bunt in those fields, we believe that 
there is a higher risk that Karnal bunt might be spread from the fields 
through natural or artificial means. Therefore, the proposed 
classification criteria, like the existing classification criteria, 
provide for the fields to be surrounded by buffer areas--i.e., distinct 
definable areas--that are sufficient to ensure that the appropriate 
testing and cleaning measures are applied to regulated articles before 
they are moved out of the regulated area in order to minimize the risk 
that they will artificially spread Karnal bunt. As is the case under 
the current regulations, the boundaries of the distinct definable area 
would 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.
    The requirements that would apply to the movement of grain grown in 
a regulated area would be the same as the requirements that are 
currently found in Sec. 301.89-6(b) regarding the movement of grain 
grown in a surveillance area. Specifically, to be eligible for 
unrestricted movement under a certificate, grain from a field within a 
regulated area would have to be tested and found free from bunted 
kernels prior to its movement from the field or before it was 
commingled with other grain. If bunted kernels were found, the grain 
would be eligible for movement only under a limited permit issued in 
accordance with Sec. 301.89-6(c), which requires that the grain be 
moved to a specified destination for specified handling, utilization, 
or processing that will destroy the Karnal bunt or mitigate the risk of 
its spread. The requirements that would apply to the movement of wheat, 
durum wheat, and triticale grown as seed within a regulated area would 
also be the same as the requirements that apply to the movement of seed 
grown in a surveillance area, i.e., only seed used for research or 
germplasm purposes, and not commercial lots of seed, would be eligible 
for movement from the regulated area. These requirements have proven 
adequate to prevent the dissemination of Karnal bunt through the 
movement of grain and seed grown in a surveillance area, and we believe 
that they would be similarly effective in preventing the spread of 
Karnal bunt through the movement of grain and seed grown in a regulated 
area.
    Currently, Sec. 301.89-4 prohibits the planting of wheat, durum 
wheat, and

[[Page 11394]]

triticale in fields that are designated as restricted areas for 
regulated articles other than seed. As part of our proposed removal of 
the restricted area for regulated articles other than seed 
classification, we are also proposing to remove that planting 
prohibition. We are proposing this change because we believe that the 
intended use of any wheat, durum wheat, and triticale grown in those 
currently restricted fields, plus the efficacy of the available Karnal 
bunt testing methods, would together serve to reduce the risk of grain 
grown in those fields spreading Karnal bunt outside the regulated 
areas. First, we recognize that it is the movement of contaminated seed 
that presents the greatest risk of spreading Karnal bunt. Because of 
that, all wheat, durum wheat, and triticale grown in a currently 
restricted field would be prohibited from being used as commercial seed 
outside the regulated area. As is the case currently for seed grown in 
a surveillance area, wheat, durum wheat, or triticale grown anywhere in 
the proposed new regulated area, including those currently restricted 
fields, could be used for seed outside the regulated area only as 
research or germplasm seed and only if it was treated in accordance 
with Sec. 301.89-13(e) prior to its use. These limitations on the use 
of Karnal bunt host crops as seed mean the vast majority, if not all, 
of the wheat, durum wheat, and triticale grown in the proposed new 
regulated area, including those currently restricted fields, would be 
sold as grain. Second, all wheat, durum wheat, and triticale grown in 
the currently restricted fields would have to be tested and found free 
from bunted kernels prior to its movement from the field or before it 
was commingled with other grain to be eligible for unrestricted 
movement under a certificate. That required testing, which is currently 
required for Karnal bunt host crops grown in a surveillance area, has 
proven to be an effective means of detecting the presence of Karnal 
bunt. If bunted kernels were found, the grain would be eligible for 
movement only under a limited permit, which requires that the grain be 
moved to a specified destination for specified handling, utilization, 
or processing that will destroy the Karnal bunt or mitigate the risk of 
its spread. Taken together, we believe that these use limitations, 
testing requirements, and movement restrictions would be sufficient to 
prevent the spread of Karnal bunt from the previously restricted 
fields. We believe our proposed removal of the planting prohibition 
would allow the owners of those previously restricted fields to make 
their own planting decisions while continuing to protect against the 
spread of Karnal bunt from the regulated areas.

Regulated Areas

    We are proposing to amend the list of regulated areas in 
Sec. 301.89-3(f) to reflect the proposed removal of the restricted and 
surveillance area classifications and their replacement with a single 
regulated area classification. As discussed above, this proposed change 
in the regulations would result in the removal of large areas in 
Arizona, California, New Mexico, and Texas--those areas currently 
designated as restricted areas for seed--from the regulations. In 
Arizona, however, we would add new fields or areas as regulated areas 
in La Paz, Maricopa, and Pinal Counties as a result of the detection of 
bunted kernels in new fields during sampling conducted in 1998. The 
regulated areas would continue to be listed alphabetically by State, 
with regulated areas and fields within each State being listed by 
county. Where individual fields are listed, they would be designated by 
specific field numbers.

Arizona

    Under the current regulations, all of La Paz County is designated 
as a restricted area for seed and four individual fields that had been 
found to contain bunted kernels are designated as restricted areas for 
regulated articles other than seed. Two portions of the county, each of 
which surrounds two of the four listed fields, are designated as 
surveillance areas.
    Under this proposed rule, La Paz County would no longer be 
designated as a restricted area for seed. In addition, the four 
currently listed fields that fall within the surveillance areas 
described in the current regulations would no longer be individually 
listed in the regulations. Those four fields, along with three new 
fields in the northern surveillance area that were identified as 
containing bunted kernels during sampling conducted in 1998, would fall 
within the proposed new regulated areas in La Paz County, which are 
equivalent to the surveillance areas in the county described in the 
current regulations. The southern regulated area would remain the same 
as the surveillance area described in the current regulations, while 
the northern regulated area would be somewhat larger than its 
corresponding surveillance area due to the need to incorporate an 
appropriate buffer area around the three new fields in which bunted 
kernels were detected in 1998. The boundaries of the areas in La Paz 
County that would be designated as regulated areas are described in 
Sec. 301.89-3(f) in the rule portion of this document.
    Under the current regulations, all of Maricopa County is designated 
as a restricted area for seed and 83 individual fields that had been 
found to contain bunted kernels (17 of the 83 fields) or that were 
determined to have been planted with contaminated seed (the remaining 
66 fields) are designated as restricted areas for regulated articles 
other than seed. Portions of the county surrounding the 17 fields that 
had been found to contain bunted kernels are designated as surveillance 
areas.
    Under this proposed rule, Maricopa County would no longer be 
designated as a restricted area for seed. In addition, 53 of the 
currently listed fields would no longer be individually listed in the 
regulations. One of those fields (field no. 316131801) would be removed 
entirely because homes have been built on the land, so it is no longer 
agricultural acreage. The remaining 52 fields, along with 62 new fields 
that were identified as containing bunted kernels during sampling 
conducted in 1998, would fall within the proposed new regulated areas 
in Maricopa County. The regulated areas in Maricopa County would be 
roughly equivalent to the currently described surveillance areas in the 
county, although the proposed areas would be larger than their 
corresponding surveillance areas due to the need to incorporate 
appropriate buffer areas around the 62 new fields in which bunted 
kernels were detected in 1998. The remaining 30 currently listed fields 
that would not fall within the larger regulated areas would be 
individually designated as regulated areas under this proposed rule. 
Descriptions of the boundaries of the areas in Maricopa County that 
would be designated as regulated areas, along with a list of the 30 
fields that would be designated as regulated areas, are found in 
Sec. 301.89-3(f) in the rule portion of this document.
    Under the current regulations, all of Pinal County is designated as 
a restricted area for seed and 10 individual fields that had been found 
to either contain bunted kernels (4 of the 10 fields) or were 
determined to have been planted with contaminated seed (the remaining 6 
fields) are designated as restricted areas for regulated articles other 
than seed. A portion of the county surrounding the four fields that had 
been found to contain bunted kernels are designated as a surveillance 
area.
    Under this proposed rule, Pinal County would no longer be 
designated

[[Page 11395]]

as a restricted area for seed. In addition, the four currently listed 
fields that fall within the surveillance area described in the current 
regulations would no longer be individually listed in the regulations. 
Those four fields, along with nine new fields that were identified as 
containing bunted kernels during sampling conducted in 1998, would fall 
within the proposed new regulated area in Pinal County, which is 
roughly equivalent to the currently described surveillance area in the 
county. The remaining 2 currently listed fields (field nos. 308102604 
and 308102605), along with 13 new fields that would be added based on 
their association with a bunted kernel detected in a storage facility 
in Casa Grande, AZ, would be individually listed as regulated areas 
under this proposed rule.
    Although those 13 fields were associated with a bunted kernel 
detected in a storage facility, they would be added as regulated areas 
without a surrounding buffer area. The storage facility in which the 
bunted kernel was found had been used in 1997 to store Karnal-bunt-
positive grain, so the possibility was raised that the kernel was from 
the 1997 positive lot rather than the 1998 crop, even though the 
facility had been cleaned and treated with sodium hypochlorite after 
the 1997 crop was removed. Because the 1997 and 1998 lots were of 
different durum wheat varieties, we attempted to settle that question 
by submitting the bunted kernel to the Agricultural Research Service 
laboratory in Lincoln, NE, to confirm its variety. Although the bunted 
kernel showed a number of similarities to the 1998 variety, the results 
of the protein analysis did not allow us to conclusively determine the 
bunted kernel's variety. Without such a confirmation, and given the 
fact that other fields in the areas have previously been sampled and 
found free from Karnal bunt, there is some degree of uncertainty as to 
the Karnal bunt status of those fields. However, in the absence of 
negative survey data to the contrary, we cannot exclude the possibility 
that the bunted kernel may have come from one of the 13 fields. We 
believe, therefore, that it would be appropriate to designate the 13 
fields individually as regulated areas without establishing surrounding 
buffer areas. This would allow us to address the potential risks 
associated with those fields by ensuring that Karnal bunt host crops 
grown in those fields would be tested for bunted kernels before they 
could be moved from the regulated area.
    A description of the boundaries of the area in Pinal County that 
would be designated as a regulated area, along with a list of the 20 
fields that would be designated as regulated areas, is contained in 
Sec. 301.89-3(f) in the rule portion of this document.
    Under the current regulations, all of Yuma County is designated as 
a restricted area for seed, and 26 fields that had been identified as 
having been planted with contaminated seed are listed as restricted 
areas for regulated articles other than seed. Because there were no 
fields found to contain bunted wheat kernels in Yuma County--only 
fields planted with contaminated seed--the current regulations contain 
no surveillance areas in Yuma County.
    Under this proposed rule, Yuma County would no longer be designated 
as a restricted area for seed, which would leave the individual fields 
listed in the regulations as the only regulated areas within Yuma 
County. Although the proposed regulations list 40 fields rather than 
the 26 currently listed in the regulations, we are not proposing to 
place any new fields under regulatory restrictions. Rather, the 
increase is attributable to nine of the fields listed in the current 
regulations being subdivided by their owners into two or more fields in 
order to plant other crops. A list of the 40 fields in Yuma County that 
would be designated as regulated areas is contained in Sec. 301.89-3(f) 
in the rule portion of this document.

California

    Under the current regulations, the Bard-Winterhaven area of 
Imperial County, CA, is designated as a restricted area for seed. The 
area received that designation because it abuts Yuma County, AZ, and 
fell within a distinct definable wheat production area that included 
fields in Yuma County that were planted with contaminated seed. Because 
we are proposing to eliminate the restricted area for seed 
classification, and because the Bard-Winterhaven area did not include 
any restricted areas for regulated articles other than seed or 
surveillance areas, we are proposing to remove the Bard-Winterhaven 
area of Imperial County from the regulations.
    The regulations in Sec. 301.89-3(f) also currently list 55 fields 
in the Palo Verde Valley area of Riverside County, CA, as restricted 
areas for regulated articles other than seed based on the detection of 
spores in those fields and the fields' association with bunted kernels 
found in a storage facility. Based on the restricted status of those 
fields, surrounding portions of Imperial and Riverside Counties were 
designated as restricted areas for seed, and portions of those counties 
in closer proximity to the 55 fields were designated as surveillance 
areas.
    Under this proposed rule, there would no longer be any restricted 
areas for seed in Imperial and Riverside Counties, and those portions 
of Imperial and Riverside Counties currently designated as surveillance 
areas would be redesignated as regulated areas. The proposed new 
regulated areas in Imperial and Riverside Counties would, however, be 
somewhat smaller than the current surveillance areas. This is because 
our Karnal bunt program staff and State cooperators in California have 
adjusted the boundaries to make them more accurate by removing 
nonagricultural acreage and areas outside the 3-mile buffer that has 
been generally used to establish surveillance areas. We would also 
remove the list of the 55 individual fields in Riverside County from 
the regulations because those fields, along with four new fields that 
were identified as containing bunted kernels during sampling conducted 
in 1998, all fall within the area described in the proposed new 
regulated area in Riverside County. The boundaries of the proposed 
regulated areas in Imperial and Riverside Counties are set forth in the 
description of regulated areas contained in Sec. 301.89-3(f) in the 
rule portion of this document.

New Mexico

    Under the current regulations, there are 106 fields in New Mexico 
listed as restricted areas for regulated articles other than seed: 39 
in Dona Ana County, 2 in Hidalgo County, 31 in Luna County, and 34 in 
Sierra County. These fields were designated as restricted areas for 
regulated articles other than seed because they had been identified as 
having been planted with contaminated seed. A restricted area for seed 
surrounds the fields in each county. Because there were no fields found 
to contain bunted wheat kernels in New Mexico--only fields planted with 
contaminated seed--the current regulations contain no surveillance 
areas in the State.
    Under this proposed rule, those same individual fields that were 
planted with contaminated seed would be designated as the regulated 
areas in New Mexico, and there would no longer be a restricted area for 
seed in New Mexico. Again, because there were no fields found to 
contain bunted kernels in New Mexico, we do not believe it would be 
necessary to designate any buffer areas around the fields designated as 
regulated areas, so those fields would be the only regulated areas 
within New Mexico. We have, however, modified the numbering convention 
used to

[[Page 11396]]

identify the individual fields in New Mexico in this proposed rule. 
These proposed new numerical designations, which were made possible as 
a result of more up-to-date mapping information, would allow us to 
number the fields in a manner consistent with the system used by our 
Karnal bunt program staff in Arizona and central Texas. Although the 
proposed regulations list 118 fields in New Mexico, as opposed to the 
106 fields listed in the current regulations, we are not proposing to 
place any new fields under regulatory restrictions. Rather, the 
increase is attributable to three large fields in Dona Ana County and 
one large field in Luna County being subdivided under the new numbering 
system. The individual fields that would be the regulated areas in New 
Mexico are listed in the description of regulated areas contained in 
Sec. 301.89-3(f) in the rule portion of this document.

Texas

    The regulations in Sec. 301.89-3(f) currently describe restricted 
areas for seed in 5 Texas counties (El Paso, Hudspeth, McCulloch, 
Mills, and San Saba), 42 fields designated as restricted areas for 
regulated articles other than seed in 3 counties (20 in El Paso, 4 in 
Hudspeth, and 18 in San Saba), and surveillance areas in 3 counties 
(McCulloch, Mills, and San Saba).
    In El Paso and Hudspeth Counties, the 24 fields currently listed as 
restricted areas for regulated articles other than seed were identified 
as having been planted with contaminated seed, and the areas 
surrounding those fields are designated as restricted areas for seed. 
Because there were no fields found to contain bunted wheat kernels in 
El Paso and Hudspeth Counties--only fields planted with contaminated 
seed--there are no surveillance areas in those two counties.
    Under this proposed rule, there would no longer be any restricted 
areas for seed in El Paso and Hudspeth Counties, which would leave 
those 24 fields as the only regulated areas within El Paso and Hudspeth 
Counties. However, as was described above with regard to New Mexico, we 
have modified the numbering convention used to identify the individual 
fields in El Paso and Hudspeth Counties in this proposed rule. These 
proposed new numerical designations, which were made possible as a 
result of more up-to-date mapping information, would allow us to number 
the fields in a manner consistent with the system used by our Karnal 
bunt program staff in Arizona and central Texas. Although the proposed 
regulations list 25 fields in El Paso and Hudspeth Counties, as opposed 
to the 24 fields listed in the current regulations, we are not 
proposing to place a new field under regulatory restrictions. Rather, 
the additional entry occurred as a result of one large field in El Paso 
County being subdivided under the new numbering system. The individual 
fields that would be the regulated areas in El Paso and Hudspeth 
Counties are listed in the description of regulated areas contained in 
Sec. 301.89-3(f) in the rule portion of this document.
    In San Saba County, the 18 fields currently listed as restricted 
areas for regulated articles other than seed were identified as a 
result of the detection of bunted kernels during the National Karnal 
Bunt Survey. Based on those detections, surrounding portions of 
McCulloch and Mills Counties and all of San Saba County were designated 
as restricted areas for seed, and portions of McCulloch, Mills, and San 
Saba Counties in closer proximity to the 18 fields were designated as 
surveillance areas.
    Under this proposed rule, Mills County would be entirely removed 
from the regulations. No fields in Mills County have been linked to 
Karnal bunt, and the grain grown in the small area of the county that 
is in the current surveillance area is used for forage and is not moved 
out of the immediate area. Based on those considerations, we consider 
Mills County to be a low pest risk area, and we believe that removing 
it from the regulations would not increase the risk of Karnal bunt 
spreading to new areas of Texas or the United States.
    In addition, there would no longer be any restricted areas for seed 
in McCulloch and San Saba Counties, and those portions of McCulloch and 
San Saba Counties that are currently designated as surveillance areas 
would be redesignated as regulated areas. Those proposed new regulated 
areas in McCulloch County and the eastern portion of San Saba County 
would, however, be somewhat smaller than the current surveillance 
areas. This is because our Karnal bunt program staff and State 
cooperators in Texas have adjusted the boundaries to make them more 
accurate by removing nonagricultural acreage and areas outside the 3-
mile buffer that has been generally used to establish surveillance 
areas. We would also remove the list of the 18 individual fields in San 
Saba County from the regulations because they all fall within the area 
described in this proposed rule as the regulated area in San Saba 
County. The boundaries of the proposed new regulated areas in McCulloch 
and San Saba Counties are set forth in the description of regulated 
areas contained in Sec. 301.89-3(f) in the rule portion of this 
document.

Changes Associated With the Reclassification of Regulated Areas

    Paragraph (d) of Sec. 301.89-6 provides the eligibility criteria 
for the movement of commercial lots of seed grown in a restricted area 
for seed. Among those criteria is a requirement that the seed be 
treated in accordance with Sec. 301.89-13(f), which pertains 
exclusively to the treatment of commercial lots of seed. Because we are 
proposing to remove the restricted area for seed classification, the 
eligibility criteria for movement of commercial lots of seed grown in a 
restricted area for seed, as well as the associated treatment regimen, 
would no longer be necessary. Therefore, we are proposing to remove 
Sec. 301.89-6(d) and Sec. 301.89-13(f) from the regulations.
    In Sec. 301.89-1, the term distinct definable area is defined as 
``A commercial wheat production area of contiguous fields that is 
separated from other wheat production areas by desert, mountains, or 
other nonagricultural terrain as determined by an inspector, or, in the 
case of restricted areas, as determined by an inspector based on survey 
results.'' Because we are proposing to remove the restricted area for 
seed classification and the restricted area for regulated articles 
other than seed classification, the reference to ``restricted areas'' 
in that definition is no longer necessary. Therefore, we would amend 
the definition of distinct definable area by removing the words ``or, 
in the case of restricted areas, as determined by an inspector.'' We 
would retain the reference to the use of survey results because, as 
explained previously, survey results have been used in determining the 
boundaries of the proposed regulated areas described in this proposed 
rule.
    Paragraph (b) of Sec. 301.89-6 currently states the eligibility 
criteria for the movement under certificate of grain from a 
surveillance area. Because those criteria would continue to apply to 
the movement under certificate of grain grown in a regulated area, and 
because we have proposed to remove the surveillance area 
classification, we are proposing to amend Sec. 301.89-6(b) by removing 
the reference to ``a surveillance area'' and replacing it with a 
reference to ``a regulated area.''

Cleaning of Vegetable Crops

    We are proposing to remove the requirement for the cleaning of soil 
and plant debris from vegetable crops grown in fields that are 
restricted areas for regulated articles other than seed. We

[[Page 11397]]

are proposing to remove this requirement, which is currently located in 
Sec. 301.89-12(b), for two reasons. First, as noted previously, some of 
the proposed new regulated areas in California, parts of Arizona, and 
central Texas would be distinct definable areas rather than 
individually listed fields. With those field numbers no longer being 
listed in the regulations, there would be no distinction made between 
formerly restricted fields and the other fields in those regulated 
areas, and thus no clear way to identify those fields from which the 
vegetable crops would require cleaning. Secondly, we believe, based on 
our experience in administering the Karnal bunt program, that the 
intended use of the products (consumption) and normal business 
practices (cleaning and grading of the crops) are sufficient to 
mitigate the risk of vegetable crops spreading Karnal bunt to other 
areas of the United States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be economically significant for the 
purposes of Executive Order 12866 and, therefore, has been reviewed by 
the Office of Management and Budget.
    We are proposing to amend the Karnal bunt regulations by removing 
the current restricted and surveillance area categories of regulated 
areas and replacing them with a single classification. As part of this 
proposed change in the regulations, we would release from regulation 
most of the areas currently designated as restricted areas for seed; 
remove the prohibition on planting wheat, durum wheat, and triticale in 
fields associated with Karnal bunt; and remove the cleaning requirement 
for vegetables grown in those fields. We would also add several fields 
or areas in three Arizona counties to the list of regulated areas based 
on the detection of bunted kernels in fields in those counties during 
1998.
    Our proposed modifications to the way regulated areas are 
classified would benefit the growers who have fields that are currently 
designated as restricted areas for regulated articles other than seed 
and fields that are located in restricted areas for seed lying outside 
the surveillance areas. Growers in the current surveillance areas would 
be largely unaffected by the proposed changes. Removing those areas 
currently designated as restricted areas for seed from the regulations 
would greatly reduce the total area in the southwestern United States 
that is regulated for Karnal bunt.
    Even though the restricted area for regulated articles other than 
seed classification would be removed under this proposed rule, those 
fields currently designated as such would remain under regulation 
because they would still either be part of a regulated area or would 
themselves be regulated areas. However, this proposed rule would have 
the effect of relaxing the restrictions that currently apply to the 
fields. Growers would have the option of planting wheat, durum wheat, 
or triticale in the fields, which is an option that is not currently 
available to them. Wheat, durum wheat, or triticale grown as grain (not 
seed) in those fields would be eligible for unrestricted movement under 
a certificate if it were tested and found free from bunted kernels 
prior to its movement from the field or before it was commingled with 
other grain. If bunted kernels were found, the grain would still be 
eligible for movement, but only under a limited permit that requires 
that the grain be moved to a specified destination for specified 
handling, utilization, or processing that will destroy the Karnal bunt 
or mitigate the risk of its spread. These are the same conditions that 
apply to the movement of grain from the current surveillance areas.
    There are about 60 growers currently located in restricted areas 
for regulated articles other than seed (approximately 18,000 
agricultural acres). The number, if any, of these growers who would 
plant wheat if they had the opportunity to do so is unknown. In 
deciding on whether to plant wheat rather than another crop, growers 
would no doubt weigh a variety of factors, including the likelihood of 
producing Karnal-bunt-positive wheat, the likelihood of receiving 
compensation for any positive wheat that is produced, and the 
profitability of the alternative crop (which can be comparable, or 
nearly comparable, to the profitability of wheat). However, information 
as to how individual growers might respond to those factors, and thus 
whether or not they would choose to resume planting wheat, is not 
available.
    Vegetable growers with fields currently designated as restricted 
areas for regulated articles other than seed would also benefit from 
the proposed removal of that regulatory category, as it would result in 
the lifting of the current cleaning requirement that applies to 
vegetables grown in those fields. The benefit is not likely to be 
significant for most growers, however, since about 90 percent of the 
soil is routinely removed from vegetables during harvesting anyway. 
There are currently about 10 vegetable growers with fields designated 
as restricted areas for regulated articles other than seed.
    Wheat seed growers with fields in restricted areas for seed lying 
outside the surveillance areas would also benefit from the proposal to 
modify the classification of regulated areas, since most would no 
longer be regulated. In the absence of regulation, they would be able 
to grow and move commercial wheat seed without restriction. Currently, 
these growers can move commercial wheat seed outside the regulated area 
only if it tests negative for Karnal bunt, is chlorine drenched, and is 
treated with a fungicide. Growers bear the cost of treatment, not 
testing. The cost of seed treatment varies widely among seed handlers, 
depending largely on labor and overhead costs. One handler, for 
example, calculated the total cost of treating 100 lbs. of seed at 
$7.10, while another handler calculated that cost at $3.10. Regardless 
of the cost, there is reason to believe that most seed handlers would 
continue the fungicide treatments, even with the rule change in effect, 
with the costs of those fungicide treatments continuing to be passed 
along to purchasers of the seed. (At least several handlers routinely 
treated seed prior to 1996, i.e., before Karnal bunt was detected and 
restrictions were imposed.) That, plus the likelihood that only a small 
portion of the acreage in the restricted areas for seed would be 
planted with seed if the restrictions were lifted, suggest that the 
benefits of the proposed change would be minimal. We estimate that only 
about 7 percent of the agricultural acreage in restricted areas for 
seed is planted with wheat, and of that acreage, only about 10 percent 
is planted for seed. This disparity in favor of grain over seed is not 
expected to change in the near term, regardless of any regulatory 
changes, given the current poor market conditions for seed and the fact 
that stored seed from previous years remains available. There are 
approximately 563 wheat growers in restricted areas for seed. The 
restricted areas for seed currently encompass about 1,958,000 
agricultural acres, or 88 percent of the total regulated area of 
2,214,000 agricultural acres.
    Wheat growers in surveillance areas would be largely unaffected by 
the proposal, because they would remain regulated and would be subject 
to the same restrictions on the movement of regulated articles that 
they are now. There are 149 wheat growers in surveillance areas, which 
together comprise about 239,000 agricultural acres.
    Also, the proposed rule would add certain areas in Arizona to the 
list of

[[Page 11398]]

regulated areas due to the detection of bunted kernels in those areas 
during sampling conducted in 1998. Because all of these new areas are 
located in areas currently designated as restricted areas for seed, 
their proposed designation as regulated areas under this proposed rule 
is not expected to have a significant effect. The changes that would 
result from the proposed redesignation would be that commercial lots of 
wheat seed would no longer be eligible for movement from those areas 
and grain grown in those areas would have to be tested for bunted 
kernels before being moved from the regulated area. We do not believe 
that these changes would have a significant economic impact on growers 
in the proposed new regulated areas because, as noted above, little 
commercial seed is actually produced in restricted areas for seed, 
alternative crops may be planted without restriction, and grain may be 
grown subject to testing prior to movement from the regulated area.

Small Entity Impact

    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of rule changes on small businesses, organizations, and 
governmental jurisdictions. Those entities most likely to be affected 
by this proposed rule are wheat growers located in the restricted areas 
for seed that would no longer be regulated, vegetable growers who would 
no longer have to clean their crops before movement, and wheat growers 
located in areas that would be added to the regulated areas due to the 
detection of Karnal bunt in 1998.
    We estimate that there are approximately 588 wheat growers (324 in 
Arizona, 21 in California, 200 in New Mexico, and 43 in Texas) located 
in restricted areas for seed lying outside the surveillance areas that 
would no longer be regulated. We estimate that there are currently 60 
growers of non-wheat crops located in restricted areas for regulated 
articles other than seed who would no longer be required to clean their 
crops as a condition of movement. Finally, we estimate that there are 
seven wheat growers in Arizona who have fields located in the 
restricted areas for seed that would be added to the list of regulated 
areas. Most of the wheat growers are assumed to have gross receipts of 
less than $0.5 million, the U.S. Small Business Administration's 
threshold for classifying wheat producers as small entities. 
Accordingly, the impact of the rule will be mostly on small entities.
    Growers currently located in restricted areas for regulated 
articles other than seed and those in restricted areas for seed would 
benefit from the proposal to modify the classification of regulated 
areas. The proposal to add certain areas in Arizona currently located 
in restricted areas for seed to the list of regulated areas would have 
a negative impact on affected growers. However, for the reasons 
discussed above, neither aspect of the proposed rule is expected to 
have a significant economic impact on a substantial number of entities, 
large or small.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

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

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

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

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

PART 301--DOMESTIC QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 147a, 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 
would be amended by removing the words ``, or, in the case of 
restricted areas, as determined by an inspector''.
    3. In Sec. 301.89-3, paragraphs (e) and (f) would be revised to 
read as follows:


Sec. 301.89-3  Regulated areas.

* * * * *
    (e) The Administrator will classify a field or area as a regulated 
area when:
    (1) It is a field planted with seed from a lot found to contain a 
bunted wheat kernel; or
    (2) It is a distinct definable area that contains at least one 
field that was found during survey to contain a bunted wheat kernel 
(the distinct definable area may include an area where Karnal bunt is 
not known to exist but where intensive surveys are required because of 
the area's proximity to a field found during survey to contain a bunted 
kernel); or
    (3) It is a distinct definable area that contains at least one 
field that 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 (the distinct 
definable area may include an area where Karnal bunt is not known to 
exist but where intensive surveys are required because of the area's 
proximity to a field that has been associated with grain at a handling 
facility containing a bunted kernel).
    (f) The following areas or fields are designated as regulated areas 
(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

    La Paz County. Beginning at the point where the Colorado River 
intersects the north side of sec. 32, T. 8 N., R. 21 W.; then east to 
the northeast corner of sec. 36, T. 8 N., R. 21 W.; then south to the 
southeast corner of sec. 1, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the 
intersection of the Colorado River; then northwest along the Colorado 
River to the point of beginning; and
    Beginning at the northeast corner of sec. 22, T. 6 N., R. 21 W.; 
then south to the southeast corner of sec. 34, T. 5 N., R. 21 W.; then 
west to the Colorado River; then north along the Colorado River to the 
northern side of sec. 21, T. 6 N., R. 22 W.; then east to the point of 
beginning.
    Maricopa County. Beginning at the southeast corner of sec. 33, T. 6 
S., R. 5 W.; then west to the southwest corner of sec. 32, T. 6 S., R. 
7 W.; then north to the northwest corner of sec. 5, T. 5

[[Page 11399]]

S., R. 7 W.; then east to the northeast corner of sec. 4, T. 5 S., R. 5 
W.; then south to the point of beginning; and
    Beginning at the southeast corner of sec. 25, T. 1 S., R. 1 E. and 
the intersection of the Maricopa/Pinal County line; west to the 
southwest corner of sec. 28, T. 1 S., R. 5 W.; then north to the 
northwest corner of sec. 4, T. 1 N., R. 5 W.; then east to the 
southwest corner of sec. 31, T. 2 N., R. 2 W.; then north to the 
northwest corner of sec. 31, T. 4 N., R. 2 W.; then east to the 
northeast corner of sec. 36, T. 4 N., R. 1 W.; then south to the 
southeast corner of sec. 36, T. 4 N., R. 1 W.; then east to the 
northeast corner of sec. 5, T. 3 N., R. 2 E.; then south to the 
southeast corner of sec. 32, T. 2 N., R. 2 E.; then east to the 
northeast corner of sec. 6, T. 1 N., R. 3 E.; then south to the 
southeast corner of sec. 7, T. 1 S., R. 3 E.; then west to the 
southwest corner of sec. 10, T. 1 S., R. 2 E.; then south to the 
southeast corner of sec. 28, T. 1 S., R. 2 E.; then west to the 
intersection of the Maricopa/Pinal county line; then north, west and 
south along the county line to the point of beginning; and
    Beginning at the intersection of Interstate 10 and the Maricopa/
Pinal County line; then east and north along the county line to the 
northeast corner of sec. 1, T. 2 S., R. 7 E.; then west to the 
southeast corner of sec. 31, T. 1 S., R. 7 E.; then north to the 
northeast corner of sec. 31, T. 1 N., R. 7 E.; then west to the 
northwest corner of sec. 31, T. 1 N., R. 6 E.; then north to the 
northeast corner of sec. 1, T. 2 N., R. 5 E.; then west to the 
northwest corner of sec. 6, T. 2 N., R. 5 E.; then south to the 
southwest corner of sec. 31, T. 2 N., R. 5 E.; then west to the 
northwest corner of sec. 2, T. 1 N., R. 4 E.; then south to the 
northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the 
intersection of Interstate 10; then south and east to the point of 
beginning; and
    The following individual fields in Maricopa County are regulated 
areas:

301060505
301060506
301060601
301060602
301060603
301060604
304073004
304073005
304073010
304081410
304081413
304081415
304081417
304081505
304081506
304082202
304082302
304082303
304082607
304082703
306013222
306013231
306020404
306020501
306020601
306020623
316131901
316131904
316132302
316132604

    Pinal County. Beginning at the intersection of the Maricopa/Pinal 
County line and the northwest corner of sec. 6, T. 2 S., R. 8 E.; then 
east to the northeast corner of sec. 2, T. 2 S., R. 8 E.; then south to 
the southeast corner of sec. 14, T. 3 S., R. 8 E.; then west to the 
southeast corner of sec. 14, T. 3 S., R. 6 E.; then south to the 
southeast corner of sec. 26, T. 4 S., R. 6 E.; then west to the 
southeast corner of sec. 26, T. 4 S., R. 4 E.; then south to the 
southeast corner of sec. 22, T. 6 S., R. 4 E.; then west to the 
southwest corner of sec. 19, T. 6 S., R. 3 E.; then north to the 
southeast corner of sec. 13, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 16, T. 6 S., R. 2 E.; then north to the 
northwest corner of sec. 9, T. 4 S., R. 2 E.; then east to the 
southwest corner of sec. 6, T. 4 S., R. 4 E.; then north to the 
northwest corner of sec. 6, T. 4 S., R. 4 E.; then east to the 
northwest corner of sec. 6, T. 4 S., R. 5 E.; then north to the 
intersection of the Maricopa/Pinal County line; then east and north 
along the county line to the point of beginning; and
    The following individual fields in Pinal County are regulated 
areas:

308102604
308102605
309021801
309021804
309021812
309031304
309033507
309042544
309042545
309042601
309042607
309042619
309050104
309050109
309050207
    Yuma County. The following individual fields in Yuma County are 
regulated areas:

321010208
321010210
321010211
321010224
321010301
321010302
321011103
321033501
321033502
321033503
321033516
321033517
321033518
321033519
321040405
321040911
321040912
321040915
321040917
321040918
321040921
321040922
321041903
321041904
321041908
321041919
321042903
323030401
323030402
323030403
323030404
323030405
323030406
323030501
323030502
323030512
323030513
323030514
323030515
323030521

California

    Imperial County. Beginning at the intersection of the Riverside/ 
Imperial County line and the California/Arizona State line; then west 
to the northwest corner of sec. 1, T. 9 S., R. 21 E.; the south to the 
California/ Arizona State line; then east and north along the State 
line to the point of beginning.
    Riverside County. Beginning at the intersection of the Riverside/ 
Imperial County line and the California/Arizona State line; then west 
to the southwest corner of sec. 31, T. 8 S., R. 22 E.; then north to 
the northwest corner of sec. 30, T. 7 S., R. 22 E.; then north and 
northeast along the Palo Verde Valley agriculture area to the 
intersection of the California/Arizona State line; then south along the 
State line to the point of beginning.

New Mexico

    Dona Ana County. The following individual fields in Dona Ana County 
are regulated areas:
113040501
113040502
113040506
113040507
113040508
113040601
113040602
113040702
113040902

[[Page 11400]]

113042601
113042602
113042707
113042708
113043401
113043407
113043503
113043508
113043509
113050201
113050202
113050301
113060701
113060702
113060703
113060801
113060809
113060901
113060902
113070702
113072701
113072702
113072703
113072704
113072705
113072706
113173103
113210401
113210402
113210403
113210406
113210407
113210808
113212103
113212802
113212806
113241601
113242708

    Hidalgo County. The following individual fields in Hidalgo 
County are regulated areas:

123272403
123353001

    Luna County. The following individual fields in Luna County are 
regulated areas:

129011301
129012201
129013003
129013006
129022502
129060806
129060901
129060902
129062001
129062801
129062802
129232801
129232804
129232805
129232806
129292404
129300506
129300608
129301104
129301301
129301401
129301701
129301801
129301806
129302001
129302702
129303302
129440601
129440602
129440701
129440702
129440703
129440708
129440801
129441701

    Sierra County. The following individual fields in Sierra County are 
regulated areas:

151013401
151441201
151441202
151441306
151442201
151442601
151442602
151442603
151442604
151442605
151442606
151442607
151442608
151442609
151442610
151442611
151442612
151442613
151442614
151442701
151443501
151443502
151443503
151443601
151443602
151443603
151443604
151451306
151453001
151453101
151453102
151453103
151453104
151502801

Texas

    El Paso County. The following individual fields in El Paso County 
are regulated areas:

441141301
441142301
441142302
441142303
441142304
441142305
441142306
441142307
441142401
441142402
441142403
441142404
441241301
441241302
441252801
441252803
441252804
441252901
441253201
441253302
441253401

    Hudspeth County. The following individual fields in Hudspeth County 
are regulated areas:

429050701
429050702
429070101
429070102

    McCulloch County. Beginning at the McCulloch/San Saba County line 
and the line of latitude 31.232299 N.; then west along the line of 
latitude 31.232299 N. to the line of longitude -99.13473 W.; then north 
along the line of longitude -99.13473 W to the line of latitude 
31.31004 N.; then east along the line of latitude 31.31004 N. to the 
line of longitude -99.11427 W.; then north along the line of longitude 
-99.11427 W to the line of latitude 31.283487 N.; then east along the 
line of latitude 31.283487 N. to the McCulloch/San Saba County line; 
then south to the point of beginning.
    San Saba County. Beginning at the San Saba/Mills County line and 
the line of longitude -98.5851 W.; then south along the line of 
longitude -98.5851 W to the line of latitude 31.167959 N.; then west 
along the line of latitude 31.167959 N. to the line of longitude -
98.903233 W.; then north along the line of longitude -98.903233 W. to 
the line of latitude 31.310819 N.; then east along the line of latitude 
31.3100819 N. to the San Saba/Mills County line; then south along the 
San Saba/Mills County line to the point of beginning; and
    Beginning at the San Saba/McCulloch County line and the line of 
latitude 31.283487 N.; then east along the line of latitude 31.283487 
N. to the line of longitude -99.063487 W.; then south along the line of 
longitude -99.063487 W. to the line of latitude 31.232299 N.; then west 
along the line of latitude 31.232299 N. to the San Saba/McCulloch 
County line; then north along the San Saba/McCulloch County line to the 
point of beginning.
    4. Section 301.89-4 would be 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. All wheat seed, durum wheat seed, and 
triticale seed that originates within a regulated area must be tested 
and found free from spores and bunted wheat kernels, then treated with 
a fungicide in accordance with

[[Page 11401]]

Sec. 301.89-13(d), before it may be planted within a regulated area.


Sec. 301.89-6  [Amended]

    5. Section 301.89-6 would be amended as follows: a. In paragraph 
(b), the word ``surveillance'' would be removed and the word 
``regulated'' would be added in its place.
    b. Paragraph (d) would be removed and paragraph (e) would be 
redesignated as paragraph (d).


Sec. 301.89-12  [Amended]

    6. In Sec. 301.89-12, paragraph (b) would be removed and reserved.


Sec. 301.89-13  [Amended]

    7. In Sec. 301.89-13, paragraph (f) would be removed.

    Done in Washington, DC, this 3rd day of March 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-5779 Filed 3-8-99; 8:45 am]
BILLING CODE 3410-34-P