[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23749-23754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11128]



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  Federal Register / Vol. 64, No. 85 / Tuesday, May 4, 1999 / Rules and 
Regulations  

[[Page 23749]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-36]
RIN 0579-AA83


Karnal Bunt; Reclassification of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

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

EFFECTIVE DATE: April 28, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer, 
Domestic and Emergency Programs, 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 301.89-16, referred to below as the regulations).
    On March 9, 1999, we published in the Federal Register (64 FR 
11392-11401, Docket No. 96-016-34) a proposed rule 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 also proposed to 
remove the requirement for cleaning soil and plant debris from 
vegetable crops grown in fields associated with Karnal bunt.
    We solicited comments concerning our proposal for 30 days ending 
April 8, 1999. We received six comments by that date. They were from 
State agricultural agencies, a State wheat commission, and a grain and 
seed company. All six commenters supported the proposed rule. Five of 
those commenters did, however, raise issues related to the proposed 
rule or the Karnal bunt program. Those issues are discussed below.

Deregulation

    Comment: The final rule should state that a regulated field will be 
released from regulation once it has produced a Karnal bunt host crop 
that tests negative for spores and bunted kernels.
    Response: Although we have not made the change suggested by the 
commenter in this final rule, we are considering that suggestion as an 
option for the future, especially with regard to the fields that were 
determined in 1996 to have been planted with seed from a lot found to 
contain a bunted wheat kernel, since no bunted kernels were found in 
wheat grown in those fields. Because the planting of Karnal bunt host 
crops in regulated fields will only now be possible as a result of this 
final rule, the first host crop could not be planted until the fall of 
1999 and would not be harvested until the spring of 2000. We will use 
that time to consider the opportunities that we may have for further 
deregulation such as that suggested by the commenter. In the event that 
we determine that it would be appropriate to pursue a deregulatory 
approach such as that suggested by the commenter, we will initiate 
rulemaking to amend the regulations in time for the results of post-
harvest testing in the spring of 2000 to be taken into account.
    Comment: APHIS should provide producers with a description of the 
long-term future of the Karnal bunt regulations that includes the 
specifics of a regulatory protocol for the eventual deregulation of 
Karnal bunt.
    Response: We cannot, at the present time, predict the long-term 
future of the Karnal bunt regulations or specify a regulatory protocol 
for the eventual deregulation of Karnal bunt. Outstanding issues, most 
notably the continuing discussions with our trading partners as to 
whether Karnal bunt should be regarded as a quarantine pest or a 
grading issue, make it difficult to predict with any degree of 
certainty what our regulations might look like in the future. In 
addition, as noted in the response to the previous comment, we are 
exploring whether there may be opportunities for further deregulation. 
Our continuing Karnal bunt program, as well as any changes that might 
be made to it in the future, will be guided by the program's stated 
objectives of protecting export markets, protecting producers in 
uninfected areas, and providing as many

[[Page 23750]]

options as possible for producers in regulated areas.

Timeliness of Regulations

    Comment: The 1999 growing season regulatory protocols must be 
provided in order for growers to be able to make educated decisions 
about their production and contract plans for the coming year.
    Response: We have made every effort to ensure that this final rule 
is published and effective prior to the 1999 harvest season. By doing 
this, we will not only relieve restrictions on the movement of grain 
and seed harvested in the areas released from regulation, but we will 
also ensure that this rule is in place with ample time for growers to 
be able to consider their options prior to the fall planting season.

Surveys

    Comment: The deregulation of areas appears to be legitimate as long 
as adequate and timely surveys will be conducted to ensure that the 
boundaries of the regulated area adequately encompass the infected 
area. However, the National Survey protocol for detecting Karnal bunt 
outside of regulated areas does not appear to be adequate for those 
purposes, especially in areas where spores have been found. 
(Conversely, another commenter stated that the grain produced in the 
areas removed from regulation should not be subjected to more stringent 
tests than grain from any other non-regulated area in the United 
States.)
    Response: We agree that there is a need for maintaining adequate 
delimiting surveys and detection programs. In addition to the survey 
and detection activities that are carried out as part of the regulatory 
program within those areas of Arizona, California, New Mexico, and 
Texas that have been designated as regulated areas, we will continue to 
conduct our National Survey of all wheat production areas in the United 
States in order to gather information about the presence or absence of 
Karnal bunt. In the National Survey, composite wheat samples are 
collected, in proportion to wheat production, at points of aggregation 
near wheat production so that all samples are identifiable to at least 
the county level. The intensity of the National Survey provides a high 
level of confidence that Karnal bunt is not detectable in those parts 
of our wheat production system that contribute to the export trade and 
generates information about potential infections in new areas. 
Therefore, we believe that our ongoing regulatory program and National 
Survey activities will continue to provide the assurances sought by the 
commenter and by our trading partners regarding the Karnal bunt status 
of areas released from regulation, as well as areas outside the 
regulated areas.

Testing

    Comment: The bunted kernel standard for the movement of grain from 
regulated areas is a concern because most of our trading partners have 
not recognized that standard. The standard for movement should not 
place our exports in jeopardy, as that would be in conflict with the 
Karnal bunt program's stated objective of protecting export markets. To 
that end, operational procedures should be developed that define the 
testing methodology and that new technologies should be considered that 
meet that objective.
    Response: Although our use of the bunted kernel standard was not 
among the issues raised in the proposed rule, we would like to respond 
to this comment by stating that we are currently engaged in discussions 
with our trading partners regarding the appropriateness of using the 
bunted kernel standard--as opposed to a teliospore standard--to certify 
grain for international movement. Considerations such as new 
technologies and operational procedures that define testing methodology 
are part of those discussions. Using the bunted kernel standard, which 
we have followed since 1997, is consistent with our conclusion that the 
detection of spores alone does not allow us to make a conclusive 
determination that Karnal bunt disease is present in an area or 
article, but we believe that we must take the concerns of our trading 
partners seriously if we are to continue to protect our grain export 
markets. To that end, we are preparing a position paper on the use of 
the bunted kernel standard as opposed to a teliospore standard. That 
position paper, and our trading partners' response to it, will be used 
as we continue our consideration of this issue.

Quarantine Status of Karnal Bunt

    Comment: Karnal bunt is not a dangerous plant pest, and the USDA 
has failed to educate the United States' trading partners as to the 
insignificance of the disease.
    Response: The position that Karnal bunt is a grading or quality 
issue rather than a quarantine issue is one that has been discussed in 
international trade and scientific circles. Indeed, we have raised that 
issue at every opportunity with our trading partners. However, until 
such time as our trading partners view the disease as a grading issue 
rather than a quarantine issue, we believe that it will be necessary to 
continue our Karnal bunt-related regulatory activities and restrictions 
in order to protect our international agricultural standing.

Compensation

    Comment: Compensation should continue to be made available to 
growers located in the areas that remain under regulation.
    Response: The issue of compensation was not raised in the proposed 
rule and is, therefore, outside the scope of this final rule. Rather, 
compensation has been, and will continue to be, addressed in separate 
rulemakings that focus exclusively on that issue.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    By removing the restricted and surveillance area categories of 
regulated areas and replacing them with a single classification, this 
rule releases certain areas in Arizona, California, New Mexico, and 
Texas from their designation as restricted areas for seed, which means 
that those areas will no longer be regulated areas under the Karnal 
bunt regulations. This will eliminate the requirement for the testing 
and treatment of seed grown in those areas. Further, this rule removes 
the prohibition on planting wheat, durum wheat, and triticale in fields 
associated with Karnal bunt and removes the cleaning requirement for 
vegetables grown in those fields. These changes will greatly reduce the 
total area in the southwestern United States that is regulated for 
Karnal bunt and will ease restrictions on field owners in those areas 
that remain under regulation. Although this rule also adds several 
fields or areas in three Arizona counties to the list of regulated 
areas, their addition to that list will not result in any new 
restrictions because those fields and areas have been designated as 
regulated areas under the temporary designation provisions of 
Sec. 301.89-3(d) since 1998 based on the detection of bunted kernels. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service has determined that this rule should be effective upon 
signature.

[[Page 23751]]

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We are amending the Karnal bunt regulations by removing the 
restricted and surveillance area categories of regulated areas and 
replacing them with a single classification. As part of this change in 
the regulations, we are releasing from regulation most of the areas 
that had been designated as restricted areas for seed; removing the 
prohibition on planting wheat, durum wheat, and triticale in fields 
associated with Karnal bunt; and removing the cleaning requirement for 
vegetables grown in those fields. We are also adding 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 modifications to the way regulated areas are classified will 
benefit the growers who have fields that had been 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 areas that had been designated as surveillance 
areas will be largely unaffected by these changes. Removing those areas 
that had been designated as restricted areas for seed from the 
regulations will 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 will be removed under this rule, those fields that 
had been designated as such will remain under regulation because they 
are still either part of a regulated area or are themselves regulated 
areas. However, this rule will have the effect of relaxing the 
restrictions that have applied to the fields. Growers will have the 
option of planting wheat, durum wheat, or triticale in the fields, 
which is an option that had not been available to them. Wheat, durum 
wheat, or triticale grown as grain (not seed) in those fields will be 
eligible for unrestricted movement under a certificate if it is tested 
and found free from bunted kernels prior to its movement from the field 
or before it is commingled with other grain. If bunted kernels are 
found, the grain will 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 had been applied to the movement of grain 
from surveillance areas.
    There are about 60 growers located in areas that had been 
designated as restricted areas for regulated articles other than seed 
(approximately 18,000 agricultural acres). The number, if any, of these 
growers who will now choose to plant wheat is unknown. In deciding on 
whether to plant wheat rather than another crop, growers will 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 they will 
choose to resume planting wheat, is not available.
    Vegetable growers with fields that had been in areas designated as 
restricted areas for regulated articles other than seed will also 
benefit from the removal of that regulatory category, as it will result 
in the lifting of the cleaning requirement that had applied to 
vegetables grown in those fields. The benefit is not likely to be 
significant for most growers, since about 90 percent of the soil is 
routinely removed from vegetables during harvesting. There are about 10 
vegetable growers with fields in areas that had been designated as 
restricted areas for regulated articles other than seed.
    Wheat seed growers with fields in areas that had been designated as 
restricted areas for seed, but that are located outside the areas that 
had been designated as surveillance areas, will also benefit from the 
modifications to the classification of regulated areas, since most will 
no longer be regulated. In the absence of regulation, they will be able 
to grow and move commercial wheat seed without restriction. These 
growers had been able to move commercial wheat seed outside the 
regulated area only if it tested negative for Karnal bunt, had been 
chlorine drenched, and had been treated with a fungicide. The cost of 
treatment, but not testing, was borne by those growers. 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 will continue the fungicide 
treatments, even with this final rule, with the costs of those 
fungicide treatments continuing to be passed along to purchasers of the 
seed. Several handlers reported that they routinely treated seed prior 
to 1996, 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 will be planted with seed, suggest that 
the benefits of this rule will be minimal in this respect. 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 this 
regulatory change, 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 areas that had been 
designated as restricted areas for seed. The restricted areas for seed 
encompassed about 1,958,000 agricultural acres, or 88 percent of the 
total regulated area of 2,214,000 agricultural acres.
    Wheat growers in areas that had been designated as surveillance 
areas will be largely unaffected by this rule because they will remain 
regulated and will be subject to the same restrictions on the movement 
of regulated articles as they had been. There are 149 wheat growers in 
areas that had been designated as surveillance areas, which together 
comprise about 239,000 agricultural acres.
    Also, this rule adds certain areas in Arizona to the list of 
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 that had been designated as restricted areas for seed, 
their proposed designation as regulated areas under this rule is not 
expected to have a significant effect. The changes that will result 
from the redesignation are that commercial lots of wheat seed will no 
longer be eligible for movement from those areas and grain grown in 
those areas will have to be tested for bunted kernels before being 
moved from the regulated area. We do not believe that adding these 
fields or areas to the list of regulated areas will have a significant 
economic impact on growers because, as noted above, little commercial 
seed was produced in those areas. Further, growers have been able to 
plant alternative crops without

[[Page 23752]]

restriction and grain could be grown subject to testing prior to 
movement from the regulated area.

Economic Impact on Small Entities

    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 rule are wheat growers located in areas that had been 
designated as restricted areas for seed that will no longer be 
regulated, vegetable growers who will no longer have to clean their 
crops before movement, and wheat growers located in areas that are 
being 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 those portions of the former restricted areas that will no longer be 
regulated. We estimate that there are 60 growers of non-wheat crops 
located in areas that had been designated as restricted areas for 
regulated articles other than seed who will 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 
areas that had been designated as restricted areas for seed that have 
been 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 economic impact of the 
rule will be mostly on small entities.
    Growers located in areas that had been designated as restricted 
areas for regulated articles other than seed and growers in areas that 
had been designated as restricted areas for seed will benefit from this 
rule. The addition of certain areas in Arizona to the list of regulated 
areas will have a negative economic impact on affected growers. 
However, for the reasons discussed above, neither aspect of this 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 will 
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 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

    This 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 amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues 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 is 
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) are 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 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.

[[Page 23753]]

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
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


[[Page 23754]]


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


Sec. 301.89-6  [Amended]

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


Sec. 301.89-12  [Amended]

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


Sec. 301.89-13  [Amended]

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

    Done in Washington, DC, this 28th day of April 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-11128 Filed 5-3-99; 8:45 am]
BILLING CODE 3410-34-P