[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Rules and Regulations]
[Pages 50595-50598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21172]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 162 / Monday, August 21, 2000 / Rules 
and Regulations  

[[Page 50595]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-077-2]
RIN 0579-AB17


Karnal Bunt; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the Karnal bunt regulations by removing from 
regulated areas any noninfected acreage that is more than 3 miles from 
a field or area associated with a bunted wheat kernel. This action 
reduces the size of the areas that are regulated because of Karnal bunt 
in La Paz, Maricopa, and Pinal Counties of Arizona. We are also 
specifying that mechanized harvesting equipment must be cleaned and 
disinfected before leaving a regulated area only if it has been used to 
harvest host crops that test positive for Karnal bunt. This action 
relieves restrictions on the movement of mechanized harvesting 
equipment from all areas regulated because of Karnal bunt. These 
actions will not result in a significant risk of spreading Karnal bunt.

EFFECTIVE DATE: August 21, 2000.

FOR FURTHER INFORMATION CONTACT: Dr. Vedpal S. Malik, National Karnal 
Bunt Coordinator, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 
20737-1236; (301) 734-6774.

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 
fungus Tilletia indica (Mitra) Mundkur and is spread 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 are set 
forth in 7 CFR 301.89-1 through 301.89-14 (referred to below as the 
regulations).
    On April 18, 2000, we published in the Federal Register (65 FR 
20770-20774, Docket No. 99-077-1) a proposal to amend the regulations 
by removing from regulated areas any noninfected acreage that is more 
than 3 miles from a field or area associated with a bunted wheat kernel 
and by specifying that mechanized harvesting equipment must be cleaned 
and disinfected before leaving a regulated area only if it has been 
used to harvest host crops that test positive for Karnal bunt.
    We solicited comments concerning our proposal for 60 days ending 
June 19, 2000. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, 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.
    This rule releases certain areas in La Paz, Maricopa, and Pinal 
Counties of Arizona from their designation as regulated areas for 
Karnal bunt. This means that wheat producers in newly released areas 
will be able to move their wheat, including grain and commercial wheat 
seed, without restrictions. This rule also specifies that mechanized 
harvesting equipment must be cleaned and disinfected before leaving a 
regulated area only if it has been used to harvest host crops that test 
positive for Karnal bunt. This action relieves restrictions on the 
movement of mechanized harvesting equipment from all areas regulated 
because of Karnal bunt. Therefore, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

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 been reviewed by the Office of 
Management and Budget.
    We have prepared an economic analysis for this action, which is set 
forth below. The analysis addresses the effects on small entities, as 
required by the Regulatory Flexibility Act, and provides cost-benefit 
analysis.
    We are amending the Karnal bunt regulations by removing from 
regulated areas any noninfected acreage that is more than 3 miles from 
a field or area associated with a bunted wheat kernel. This action 
reduces the size of the areas that are regulated because of Karnal bunt 
in La Paz, Maricopa, and Pinal Counties of Arizona. We are also 
specifying that mechanized harvesting equipment must be cleaned and 
disinfected before leaving a regulated area only if it has been used to 
harvest host crops that test positive for Karnal bunt. This action 
relieves restrictions on the movement of mechanized harvesting 
equipment from all areas regulated because of Karnal bunt.

Regulated Areas in Arizona

    This rule will reduce regulated acreage in La Paz, Maricopa, and 
Pinal Counties of Arizona by about 131,000 acres, reducing the 
regulated acreage in Arizona as a whole by about one-third, from 
389,000 acres to 258,000 acres. The total regulated agricultural 
acreage in Arizona, California, New Mexico, and Texas will decline by 
about 25 percent, from approximately 484,000 acres to 353,000 acres.
    This change will benefit an estimated five wheat producers 
operating in the areas that are no longer regulated. These five 
producers will benefit because they will be able to move their wheat 
without restriction. Wheat grain may move from a regulated area only if 
it tests negative for bunted kernels, and commercial wheat seed may not 
move from a regulated area.
    However, the benefits for these producers are not likely to be 
significant for two reasons. First, grain is tested for Karnal bunt at 
no cost to producers in all regulated areas. For producers affected by 
this change, the elimination of the testing requirement removes an

[[Page 50596]]

inconvenience only, not a financial burden. Second, very little 
commercial wheat seed is, or is expected to be, grown in the areas that 
are removed from regulation. Because of that, the elimination of the 
restriction on moving commercial seed will have only a minimal economic 
effect on producers in the affected areas.
    It is possible that, by giving affected producers new status as 
deregulated growers, the rule will serve to enhance the perception of 
the quality of the producers' wheat crop. This could, in turn, lead to 
higher wheat prices. However, even if producers were to benefit from 
higher prices for their wheat, those prices are not likely to increase 
significantly.

Mechanized Harvesting Equipment

    The change to the requirements for cleaning and disinfecting 
mechanized harvesting equipment will primarily benefit custom combine 
harvesters, who routinely move their machines into and out of regulated 
areas in the course of harvesting wheat for multiple producers. They 
will benefit because they will no longer be required to clean and 
disinfect their combines prior to moving them out of the regulated 
area, as long as the machines had not been used to harvest host crops 
that tested positive for Karnal bunt.
    Currently, there are about 67 harvesters, including both custom 
operators and producers who use their own combines, operating 124 
combines in regulated areas. Many of these 67 harvesters could benefit 
from this rule. However, the exact number who will benefit--and the 
extent to which each will benefit--is unknown, since the information 
needed to make that determination (i.e., the operating characteristics 
for each of the harvesters) is not available. It is not uncommon, for 
example, for custom harvesters to move the same combine into and out of 
the regulated area several times in the same crop season, a situation 
that occurs when cutting wheat that matures at different times.
    The regulations allow for several different cleaning methods, but 
most combine operators choose a steam treatment, which takes a minimum 
of 8 hours and costs from about $500 to $600 per cleaning. In addition 
to the cost of cleaning itself, combine operators also incur an 
indirect cost of approximately $2,000 for each steam cleaning, 
representing lost income associated with the cleaning down time. For a 
combine harvester, therefore, each steam cleaning can cost up to about 
$2,600.
    The economic effect of the change to the regulations will vary 
depending on the operator's business practices and other factors. 
Incurring the cost of five cleanings per year for certain individual 
operators is not uncommon, although some operators must clean their 
equipment more than five times and some fewer than five times. Certain 
operators in the regulated area will not benefit at all from this rule 
because they do not move their equipment from regulated areas. However, 
if a custom harvester avoids the cost of five cleanings per year as a 
result of this rule, the savings will amount to approximately $13,000.

Effects on Small Entities

    Virtually all of the wheat producers and firms that will be 
affected by this rule are likely to be categorized as small according 
to the Small Business Administration (SBA) size classification. 
Economic effects resulting from this rule will, therefore, largely 
affect small entities.
    We assume that all the wheat producers that could be affected by 
this rule are small entities. We based this assumption on composite 
data for providers of the same and similar services. There were a total 
of 6,135 farms in Arizona in 1997. Of those farms, which include wheat 
farms, 89 percent had annual sales of less than $0.5 million, the SBA's 
small entity threshold for wheat farms. However, for the reasons 
discussed above, we do not expect this rule to have a significant 
economic effect on these entities.
    The combine operators that could be affected by the changes to the 
regulations are also all assumed to be small entities. In 1996, there 
were 282 U.S. firms primarily engaged in mechanical harvesting and 
related activities (SIC 0722), including combining of crops. Of these 
firms, 95 percent (or 268) had less than $5.0 million in annual sales, 
the SBA's small entity threshold for businesses in that SIC category. 
Further, in 1996, the per firm average sales for all of the 268 firms 
in SIC 0722 that met the SBA's definition of a small entity was 
$551,571. Therefore, based on our calculation of $13,000 in potential 
savings for many of these firms, the economic benefits of this proposal 
will represent 2 percent of annual sales, which will not amount to a 
significant economic effect on these firms.
    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 final 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 is revised to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 301.89-2, paragraph (i) is revised to read as follows:


Sec. 301.89-2  Regulated articles.

* * * * *
    (i) Mechanized harvesting equipment used in the production of 
wheat, durum wheat, and triticale that test positive from Karnal bunt;
* * * * *

    3. In Sec. 301.89-3, paragraph (f), the entry for Arizona is 
revised to read as follows:


Sec. 301.89-3  Regulated areas.

* * * * *
    (f) * * *

ARIZONA

    La Paz County. Beginning at the southeast corner of sec. 33, T. 5 
N., R. 21 W.; then west to the Colorado River; then north along the 
Colorado River to the west edge of sec. 26, T. 6 N., R. 22 W.; then 
north to the northwest corner of sec. 26, T. 6 N., R. 22 W.; then east

[[Page 50597]]

to the northeast corner of sec. 27, T. 6 N., R. 21 W.; then south to 
the southeast corner of sec. 10, T. 5 N., R. 21 W.; then west to the 
southwest corner of sec. 10, T. 5 N., R. 21 W.; then south to the point 
of beginning; and
    Beginning at the southeast corner of sec. 36, T. 7 N., R. 21 W.; 
then west to the southwest corner of sec. 31, T. 7 N., R. 21 W.; then 
north to the northwest corner of sec. 7, T. 7 N., R. 21 W.; then east 
to the northwest corner of sec. 8, T. 7 N., R. 21 W.; then north to the 
northwest corner of sec. 5, T. 7 N., R. 21 W.; then east to the 
northwest corner of sec. 4, T. 7 N., R. 21 W.; then north to the 
northwest corner of sec. 33, T. 8 N., R. 21 W.; then east to the 
northeast corner of sec. 34, T. 8 N., R. 21 W.; then south to the 
northeast corner of sec. 3, T. 7 N., R. 21 W.; then east to the 
northeast corner of sec. 2, T. 7 N., R. 21 W.; then south to the 
northeast corner of sec. 11, T. 7 N., R. 21 W.; then east to the 
northeast corner of sec. 12, T. 7 N., R. 21 W.; then south to the point 
of beginning.
    Maricopa County. Beginning at the southeast corner of sec. 12, T. 6 
S., R. 6 W.; then west to the southwest corner of sec. 7, T. 6 S., R. 6 
W.; then north to the northwest corner of sec. 7, T. 6 S., R. 6 W.; 
then west to the southwest corner of sec. 2, T. 6 S., R. 7 W.; then 
north to the northwest corner of sec. 14, T. 5 S., R. 7 W.; then east 
to the northeast corner of sec. 18, T. 5 S., R. 6 W.; then south to the 
southeast corner of sec. 19, T. 5 S., R. 6 W.; then east to the 
northeast corner of sec. 25, T. 5 S., R. 6 W.; then south to the point 
of beginning; and
    Beginning at the southeast corner of sec. 14, T. 1 S., R. 4 W.; 
then west to the southwest corner of sec. 14, T. 1 S., R. 5 W.; then 
north to the northwest corner of sec. 14, T. 1 N., R. 5 W.; then east 
to the northeast corner of sec. 14, T. 1 N., R. 4 W.; then south to the 
point of beginning; and
    Beginning at the southeast corner of sec. 6, T. 1 S., R. 2 W.; then 
west to the southwest corner of sec. 5, T. 1 S., R. 3 W.; then north to 
the northwest corner of sec. 17, T. 1 N., R. 3 W.; then east to the 
northeast corner of sec. 18, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 8, T. 1 N., R. 2 W.; then east to the 
northeast corner of sec. 8, T. 1 N., R. 2 W.; then south to the 
southeast corner of sec. 32, T. 1 N., R. 2 W.; then west to the 
northeast corner of sec. 6, T. 1 S., R. 2 W.; then south to the point 
of beginning; and
    Beginning at the southeast corner of sec. 28, T. 1 S., R. 2 E.; 
then west to the southwest corner of sec. 30, T. 1 S., R. 2 E.; then 
north to the southwest corner of sec. 18, T. 1 S., R. 2 E.; then west 
to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then north to the 
southwest corner of sec. 2, T. 1 S., R. 1 E.; then west to the 
southwest corner of sec. 4, T. 1 S., R. 1 E.; then north to the 
northwest corner of sec. 4, T. 1 S., R. 1 E., then west to the 
southwest corner of sec. 33, T. 1 N., R. 1 W.; then north to the 
southwest corner of sec. 9, T. 1 N., R. 1 W.; then west to the 
southwest corner of sec. 12, T. 1 N., R. 2 W.; then north to the 
southwest corner of sec. 25, T. 2 N., R. 2 W.; then west to the 
southwest corner of sec. 27, T. 2 N., R. 2 W.; then north to the 
northwest corner of sec. 3, T. 3 N., R. 2 W.; then east to the 
northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to the 
northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 23, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the 
northwest corner of sec. 18, T. 1 N., R. 2 E.; then east to the 
northeast corner of sec. 13, T. 1 N., R. 2 E.; then south to the 
southeast corner of sec. 12, T. 1 S., R. 2 E.; then west to the 
southeast corner of sec. 9, T. 1 S., R. 2 E.; then south to the point 
of beginning; and
    Beginning at the southeast corner of sec. 34, T. 2 N., R. 5 E.; 
then west to the southwest corner of sec. 31, T. 2 N., R. 5 E.; then 
north to the northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to 
the northeast corner of sec. 10, T. 2 N., R. 5 E.; then south to the 
point of beginning; and
    Beginning at the intersection of the Maricopa/Pinal County line and 
the southwest corner of sec. 31, T. 2 S., R. 5 E.; then north to the 
northwest corner of sec. 31, T. 2 S., R. 5 E.; then west to the 
southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the 
southwest corner of sec. 13, T. 2 S., R. 4 E.; then west to the 
southwest corner of sec. 15, T. 2 S., R. 4 E.; then north to the 
northwest corner of sec. 3, T. 2 S., R. 4 E.; then east to the 
southwest corner of sec. 35, T. 1 S., R. 4 E.; then north to the 
northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the 
northwest corner of sec. 34, T. 1 S., R. 5 E.; then north to the 
northwest corner of sec. 22, T. 1 S., R. 5 E.; then east to the 
northwest corner of sec. 20, T. 1 S., R. 6 E.; then north to the 
northwest corner of sec. 8, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 7, T. 1 S., R. 7 E.; then south to the 
southeast corner of sec. 31, T. 1 S., R. 7 E.; then east to the 
northeast corner of sec. 5, T. 2 S., R. 7 E.; then south to the 
southeast corner of sec. 5, T. 2 S., R. 7 E.; then east to the 
Maricopa/Pinal County line; then south and west along the Maricopa/
Pinal County line to the point of beginning.
    The following individual fields in Maricopa County are regulated 
areas:
301060505
301060506
301060601
301060602
301060603
301060604
301102505
301102506
303111502
303111503
303113002
304031904
304031906
304073004
304073005
304073010
304081410
304081413
304081415
304081417
304081505
304081506
304082202
304082302
304082303
304082607
304082703
306013222
306013231
306020404
306020501
306020601
306020623
316123301
316123302
316123303
316131901
316131904
316132302
316132604

    Pinal County. Beginning at the intersection of the Maricopa/Pinal 
County line and the northwest corner of sec. 7, T. 2 S., R. 8 E.; then 
east to the northeast corner of sec. 8, T. 2 S., R. 8 E.; then south to 
the southeast corner of sec. 8, T. 2 S., R. 8 E.; then east to the 
northeast corner of sec. 16, T. 2 S., R. 8 E.; then south to the 
southeast corner of sec. 28, T. 2 S., R. 8 E.; then west to the 
southeast corner of sec. 29, T. 2 S., R. 8 E.; then south to the 
southeast corner of sec. 32, T. 2 S., R. 8 E.; then west to the 
Maricopa/Pinal County line; then north along the Maricopa/Pinal County 
line to the point of beginning; and
    Beginning at the intersection of the Maricopa/Pinal County line and 
the northeast corner of sec. 5, T. 3 S., R. 6 E.; then south to the 
southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to the 
southwest corner of sec. 34, T. 3 S., R. 5 E.; then north to the 
southwest corner of sec. 3, T. 3 S., R. 5 E.; then west to the 
southwest corner of sec. 6, T. 3 S.,

[[Page 50598]]

R. 5 E.; then north to the Maricopa/Pinal County line; then east along 
the Maricopa/Pinal County line to the point of beginning; and
    Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; then 
west to the southwest corner of sec. 5, T. 6 S., R. 3 E.; then north to 
the southwest corner of sec. 28, T. 5 S., R. 3 E.; then west to the 
southwest corner of sec. 25, T. 5 S., R. 2 E.; then north to the 
southwest corner of sec. 24, T. 5 S., R. 2 E.; then west to the 
southwest corner of sec. 23, T. 5 S., R. 2 E.; then north to the 
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the 
northwest corner of sec. 36, T. 4 S., R. 2 E.; then north to the 
northwest corner of sec. 25, T. 4 S., R. 2 E.; then east to the 
northwest corner of sec. 29, T. 4 S., R. 3 E.; then north to the 
northwest corner of sec. 20, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 21, T. 4 S., R. 4 E.; then south to the 
northeast corner of sec. 4, T. 5 S., R. 4 E.; then east to the 
northeast corner of sec. 3, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 22, T. 5 S., R. 4 E.; then west to the 
southeast corner of sec. 21, T. 5 S., R. 4 E.; then south to the point 
of beginning.
    The following individual fields in Pinal County are regulated 
areas:
307012207
308102604
308102605
309021801
309021804
309021812
309031304
309033507
309042544
309042545
309042601
309042607
309042619
309042620
309042621
309050104
309050109
309050122
309050207
309050209

    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
* * * * *

    4. In Sec. 301.89-12, paragraph (a) is revised to read as follows:


Sec. 301.89-12  Cleaning and disinfection.

    (a) Mechanized harvesting equipment that has been used to harvest 
host crops that test positive for Karnal bunt and seed conditioning 
equipment that has been used in the production of any host crops must 
be cleaned and disinfected in accordance with Sec. 301.89-13(a) prior 
to movement from a regulated area.
* * * * *

    Done in Washington, DC, this 15th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21172 Filed 8-18-00; 8:45 am]
BILLING CODE 3410-34-P