[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Rules and Regulations]
[Pages 245-247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-78]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 03-047-1]


Karnal Bunt; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the Karnal bunt regulations to make changes to 
the list of areas or fields regulated because of Karnal bunt, a fungal 
disease of wheat. We are adding certain areas in Arizona to the list of 
regulated areas either because they were found during surveys to 
contain a bunted wheat kernel, or because they are within the 3-mile-
wide buffer zone around fields or areas affected with Karnal bunt. We 
are also removing certain areas from the list of regulated areas in 
Riverside County, CA, because recently completed detection and 
delineating surveys show them to be free of Karnal bunt. These actions 
are necessary to prevent the spread of Karnal bunt into noninfected 
areas of the United States and to relieve restrictions that are no 
longer warranted.

DATES: This interim rule is effective January 5, 2004. We will consider 
all comments that we receive on or before March 5, 2004.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 03-047-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 03-047-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
03-047-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Spaide, Senior Program 
Advisor, Pest Detection and Management Programs, PPQ, APHIS, 4700 River 
Road Unit 137, Riverdale, MD 20737-1236; (301) 734-4387.

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 primarily through 
the movement of infected seed. Some countries in the international 
wheat market regulate Karnal bunt as a fungal disease requiring 
quarantine; therefore, without measures taken by the Animal and Plant 
Health Inspection Service (APHIS), United States Department of 
Agriculture, to prevent its spread, the presence of Karnal bunt in the 
United States could have significant consequences with regard to the 
export of wheat to international markets.
    Upon detection of Karnal bunt in Arizona in March of 1996, Federal 
quarantine and emergency actions were imposed to prevent the interstate 
spread of the disease to other wheat producing areas in the United 
States. The quarantine continues in effect, although it has since been 
modified, both in terms of its physical boundaries and in terms of its 
restrictions on the production and movement of regulated articles from 
regulated areas. The regulations regarding Karnal bunt are set forth in 
7 CFR 301.89-1 through 301.89-16 (referred to below as the 
regulations).

Regulated Areas

    The regulations in Sec.  301.89-3(e) provide that we will classify 
a field or area as a regulated area when it is:
    [sbull] A field planted with seed from a lot found to contain a 
bunted wheat kernel;
    [sbull] A distinct definable area that contains at least one field 
that was found during a 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 
areas's proximity to a field found during survey to contain a bunted 
wheat kernel; or
    [sbull] 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 that area's proximity to a 
field that has been associated with grain at a handling facility 
containing a bunted wheat kernel.
    The boundaries of distinct definable areas are determined using the 
criteria in paragraphs (b) through (d) of Sec.  301.89-3, which provide 
for the regulation of less than an entire State, the inclusion of 
noninfected acreage in a regulated area, and the temporary designation 
of nonregulated areas as regulated areas. Paragraph (c) of Sec.  
301.89-3 states that the Administrator may include noninfected acreage 
within a regulated area due to its proximity to an infestation or 
inseparability from the infected locality for regulatory purposes, as 
determined by:
    [sbull] Projections of the spread of Karnal bunt along the 
periphery of the infestation;
    [sbull] The availability of natural habitats and host materials 
within the noninfected acreage that are suitable for establishment and 
survival of Karnal bunt; and
    [sbull] The necessity of including noninfected acreage within the 
regulated area in order to establish readily identifiable boundaries.
    When we include noninfected acreage in a regulated area for one or 
more of the reasons previously listed, the noninfected acreage, along 
with the rest of the acreage in the regulated area, is intensively 
surveyed. Negative results from surveys of the noninfected acreage 
provide assurance that all infected acreage is within the regulated 
area. In effect, the noninfected acreage serves as

[[Page 246]]

a buffer zone between fields or areas affected with Karnal bunt and 
areas outside of the regulated area.
    The regulations in Sec.  301.89-3(f) describe the boundaries of the 
regulated areas in Arizona, California, and Texas. Certain regulated 
areas include noninfected acreage that functions as a buffer zone to 
guard against the spread of Karnal bunt. Our current policy is to 
utilize a 3-mile-wide buffer zone around fields or areas affected with 
Karnal bunt. Based on over 7 years of experience surveying noninfected 
acreage included in regulated areas, we have determined that a buffer 
zone of no more than 3 miles is sufficient.
    In this interim rule, we are amending Sec.  301.89-3(f) by 
modifying the list of regulated areas associated with Karnal bunt. 
Specifically, we are adding certain areas in Arizona to the list of 
regulated areas either because the fields within those areas were found 
during detection and delineating surveys to contain a bunted wheat 
kernel, or because the fields within those areas fall within the 3-
mile-wide buffer zone around fields affected with Karnal bunt. This 
action is necessary in order to help prevent the spread of Karnal bunt 
into noninfected areas of the United States.
    As part of this same rule, we are also removing certain areas from 
the list of regulated areas in California because recently completed 
detection and delineating surveys show them to be free of Karnal bunt. 
This action relieves restrictions on those areas that are no longer 
warranted.

Arizona

    The list of regulated areas in Arizona includes individual fields 
and other distinct definable areas located in La Paz, Maricopa, and 
Pinal Counties. In this interim rule, we are adding new regulated areas 
in Maricopa and Pinal Counties due to the detection of bunted wheat 
kernels there or as a result of the application of the 3-mile-wide 
buffer zone around fields affected with Karnal bunt. These additional 
regulated areas in Maricopa and Pinal Counties involve approximately 
2,589 acres (57 fields).

California

    We are removing from the list of regulated areas in California a 
total of 42,802 acres (1,093 fields) located in the Palo Verde Valley 
of eastern Riverside County. Bunted kernels have never been found in 
the fields of the Palo Verde Valley that we are deregulating; these 
fields had been designated as regulated areas based on the detection of 
spores in the fields and the fields' association with bunted kernels 
found in a storage facility. As an additional safeguard, the California 
Department of Food and Agriculture (CDFA) plant pathologists routinely 
perform size-selective sieving prior to examination for bunted kernels. 
CDFA has not found spores present in samples that had no bunted 
kernels. We believe that this data allows us to deregulate these 1,093 
fields.
    In addition, all 1,093 fields have been used to grow non-host, 
cultivated crops since the time they were placed under regulation. All 
of the fields have been cultivated no fewer than 9 times, with some 
having been cultivated 25 times over the course of 6 seasons.

Immediate Action

    This rulemaking is necessary on an immediate basis to help prevent 
Karnal bunt from spreading to noninfected areas of the United States. 
This rule will also relieve restrictions on certain fields or areas 
that are no longer warranted. Under these circumstances, the 
Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this rule effective less than 
30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

Executive Order 12372

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

Executive Order 12988

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

Paperwork Reduction Act

    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.

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


0
2. In Sec.  301.89-3, paragraph (f) is amended as follows:
0
a. Under the heading ``Arizona,'' in the entry for Maricopa County, by 
revising paragraph (2) to read as set forth below, and in the entry for 
Pinal County, by revising paragraph (1) to read as set forth below.
0
b. Under the heading ``California,'' by revising the entry for 
Riverside County to read as set forth below.


Sec.  301.89-3  Regulated areas.

* * * * *
    (f) * * *

Arizona

* * * * *
    Maricopa County. * * *
    (2) 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 southeast corner of sec. 25, T. 2 S., R. 5 E.; then west to the 
southwest corner of sec. 25, T. 2 S., R. 5 E.; then north to the 
northwest corner of sec. 24, 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

[[Page 247]]

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 northeast corner of sec. 33, 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 
northeast corner of sec. 19, 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 
southwest corner of sec. 3, T. 1 S., R. 6 E.; then north to the 
northwest corner of sec. 3, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 2, T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 2, 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 
northwest corner of sec. 5, T. 2 S., R. 7 E.; then east to the 
northeast corner of sec. 3, T. 2 S., R. 7 E.; then north to the 
northwest corner of sec. 35, T. 1 S., R. 7 E.; then east to the 
northeast corner of sec. 36, T. 1 S., R. 7 E. and the Maricopa/Pinal 
County line; then south along the Maricopa/Pinal County line to the 
southeast corner of sec. 36, T. 2 S., R. 7 E.; then east along the 
Maricopa/Pinal County line to the point of beginning.
* * * * *
    Pinal County. (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8 
E.; then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.; 
then south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then 
east to the northeast corner of sec. 4, 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 
northeast corner of sec. 32, 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.
* * * * *

California

* * * * *
    Riverside County. Beginning at the intersection of the Colorado 
River and 8th Avenue; then west on 8th Avenue to Lovekin Boulevard; 
then south on Lovekin Boulevard to 10th Avenue; then west on 10th 
Avenue to Arrowhead Avenue; then south on Arrowhead Avenue to Hobson 
Way; then west on Hobson Way to Neighbours Boulevard; then south on 
Neighbours Boulevard to 14th Avenue; then west on 14th Avenue 
approximately 0.84 mile to the edge of the irrigated production area; 
then south and west along the edge of the irrigated production area to 
a point on Keim Boulevard approximately 0.27 mile south of the 
intersection of Keim Boulevard and 16th Avenue; then south on Keim 
Boulevard to 28th Avenue; then east on 28th Avenue to Arrowhead Avenue; 
then south on Arrowhead Avenue to 30th Avenue; then east on 30th Avenue 
to the Colorado River; then north along the Colorado River to the point 
of beginning.
* * * * *

    Done in Washington, DC, this 29th day of December, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-78 Filed 1-2-04; 8:45 am]
BILLING CODE 3410-34-P