[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Rules and Regulations]
[Pages 27821-27823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11086]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-038-1]


Karnal Bunt; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Karnal bunt regulations to make changes to 
the list of areas regulated because of Karnal bunt, a fungal disease of 
wheat. We are removing certain areas in Arizona and Texas from the list 
of regulated areas based on our determination that the fields in those 
areas meet our criteria for release from regulation. This action is 
necessary to relieve restrictions that are no longer warranted.

DATES: This interim rule was effective May 12, 2004. We will consider 
all comments that we receive on or before July 16, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-038-1, 
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. 04-038-1.
     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. 04-038-1'' on the subject 
line.
     Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Matthew Royer, Senior Program 
Adviser, Pest Detection and Management Programs, PPQ, APHIS, 4700 River 
Road Unit 26, Riverdale, MD 20737-1236; (301) 734-7819.

SUPPLEMENTARY INFORMATION: Karnal bunt is a fungal disease of wheat 
(Triticum aestivum), durum wheat (Triticum durum), and triticale 
(Triticum aestivum X Secale cereale), a hybrid of wheat and rye. Karnal 
bunt is caused by the smut fungus Tilletia indica (Mitra) Mundkur and 
is spread 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:
     A field planted with seed from a lot found to contain a 
bunted wheat kernel;
     A distinct definable area that contains at least one field 
that was found during as 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 
wheat kernel; or
     A distinct definable area that contains at least one field 
that has been determined to be associated with grain at a handling 
facility containing a bunted kernel of a host crop. 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 the field associated with the bunted kernel at the 
handling facility.
    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:
     Projections of the spread of Karnal bunt along the 
periphery of the infestation;
     The availability of natural habitats and host materials 
within the noninfected acreage that are suitable for establishment and 
survival of Karnal bunt; and
     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 a buffer zone 
between fields or areas affected with Karnal bunt and areas outside of 
the regulated area.
    Under the regulations in Sec.  301.89-3(f), a field known to have 
been infected with Karnal bunt, as well as any non-infected acreage 
surrounding the field, will be released from regulation if:
     The field is no longer being used for crop production; or
     Each year for a period of 5 consecutive years, the field 
is subjected to any one of the following management practices (the 
practice used may vary from year to year): (1) Planted with a 
cultivated non-host crop; (2) tilled once

[[Page 27822]]

annually; or (3) planted with a host crop that tests negative, through 
the absence of bunted kernels, for Karnal bunt.
    The regulations in Sec.  301.89-3(g) describe the boundaries of the 
regulated areas in Arizona, California, and Texas. In this interim 
rule, we are amending Sec.  301.89-3(g) by removing certain areas in 
Arizona and Texas from the list of regulated areas, based on our 
determination that the fields in those areas are eligible for release 
from regulation under the criteria in Sec.  301.89-3(f). This action 
relieves restrictions on fields within 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 removing two fields and 
the surrounding regulated acreage (a total of 26,256 acres) located in 
La Paz County, AZ. The fields had been designated as a regulated area 
because they were planted, in 1996, with seed that was potentially 
contaminated with Karnal bunt. We are now deregulating this portion of 
the regulated area because each year for a period of 5 consecutive 
years, the fields were subjected to at least one of the management 
practices described in Sec.  301.89-3(f)(2).

Texas

    The list of regulated areas in Texas includes distinct definable 
areas located in Archer, Baylor, Knox, McCulloch, San Saba, 
Throckmorton, and Young Counties. In this interim rule, we are 
modifying the boundaries for the regulated areas in McCulloch and San 
Saba Counties by removing one field in San Saba County and the 
surrounding regulated acreage, which falls in both counties (a total of 
23,680 acres) from the list of regulated areas. This particular field 
had been designated as part of the regulated area in 1997 because it 
was found during survey to contain spores consistent with Karnal bunt. 
We are now deregulating this portion of the regulated area because each 
year for a period of 5 consecutive years, the field was subjected to at 
least one of the management practices described in Sec.  301.89-
3(f)(2).

Immediate Action

    Immediate action is warranted to 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.
    We are amending the Karnal bunt regulations to make changes to the 
list of areas or fields regulated because of Karnal bunt. We are 
removing certain areas in Arizona and Texas from the list of regulated 
areas based on our determination that the fields in those areas meet 
our criteria for release from regulation. This action is necessary to 
relieve restrictions that are no longer warranted.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effect of their rules on small entities. The entities most 
likely to be affected by this rule are producers of Karnal bunt host 
crops whose fields are being removed from the list of regulated areas 
and who plan to grow Karnal bunt host crops in the future.
    Producers affected by this rule are likely to be classified as 
small entities based on the size standards set by the Small Business 
Administration (SBA), as well as data from the 1997 Census of 
Agriculture, which is the most recent census available. The SBA 
classifies wheat producers with total annual sales of less than 
$750,000 as small entities. According to the 1997 census data, there 
were a total of 6,135 farms in Arizona (this total includes, but is not 
limited to, wheat farms). Of the total number of farms in Arizona, 89 
percent had annual sales of less than $500,000, well below the SBA's 
small entity threshold of $750,000 for wheat farms. Of the 194,301 
farms in Texas, 98 percent are considered small entities according to 
SBA guidelines. Thus we expect that the farms affected by this rule 
will be small.
    Producers whose fields are deregulated will benefit because they 
will be able to move wheat or other Karnal bunt host crops without 
restriction. Prior to this rule, any wheat, durum wheat, or triticale 
grown in those fields could be moved into or through a non-regulated 
area without restriction only if it first tested negative for bunted 
kernels. In addition, any wheat, durum wheat, or triticale grown in 
those fields could not be used as seed within or outside a regulated 
area unless it was tested and found free of bunted kernels and spores.
    The impact of this rule on individual producers is not likely to be 
significant. The elimination of restrictions will increase marketing 
opportunities for producers, with impacts on prices those producers may 
set for their wheat, durum wheat, or triticale. Producers whose fields 
are deregulated may enjoy increased market opportunities for any wheat, 
durum wheat, or triticale they grow in the future (e.g., the 
availability of export markets). They may also receive a higher 
commodity price for their wheat, durum wheat, or triticale, although 
any price changes would most likely be 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.

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

[[Page 27823]]

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 (g) is amended as follows:
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a. Under the heading ``Arizona,'' by revising the entry for La Paz 
County to read as set forth below.
0
b. Under the heading ``Texas,'' by revising the entry for McCulloch 
County to read as set forth below, and, in the entry for San Saba 
County, by revising paragraph (2) to read as set forth below.


Sec.  301.89-3  Regulated areas.

* * * * *
    (g) * * *
Arizona
    La Paz County. Beginning at the southeast corner of sec. 6, T. 7 
N., R. 20 W.; then west to the southeast corner of sec. 35, T. 7 N., R. 
21 W.; then south to the southeast corner of sec. 2, T. 6 N., R. 21 W; 
then west to the southeast corner of sec. 3, T. 6 N., R. 21 W.; then 
south to the southeast corner of sec. 15, T. 6 N., R. 21 W.; then west 
to the southwest corner of sec. 13, T. 6 N., R. 22 W., then north to 
the northwest corner of sec. 25, T. 7 N., R. 22 W.; then east to the 
southwest corner of sec. 19, T. 7 N., R. 21 W.; then north to the 
Colorado River; then northeast along the Colorado River to the north 
edge of sec. 32, T. 8 N., R. 21 W.; then east to the northeast corner 
of sec. 31, T. 8 N., R. 20 W.; then south to the point of beginning.
* * * * *
Texas
* * * * *
    McCulloch County. Beginning at the intersection of the line of 
longitude -98.9975 and the line of latitude 31.2133 N.; then west along 
the line of latitude 31.2133 N. to the line of longitude 99.1818 W.; 
then north along the line of longitude 99.1818 W. to the line of 
latitude 31.3435 N.; then east along the line of latitude 31.3435 N. to 
the line of longitude -98.9975 W.; then south along the line of 
longitude -98.9975 W. to the point of beginning.
    San Saba County. * * *
    (2) Beginning at the intersection of the San Saba/McCulloch County 
line and the line of latitude 31.3440 N.; then east along the line of 
latitude 31.3440 N. to the line of longitude -98.9975 W.; then south 
along the line of longitude -98.9975 W. to the line of latitude 31.2141 
N.; then west along the latitude 31.2141 N. to the San Saba/McCulloch 
County line; then north along the San Saba/McCulloch County line to the 
point of beginning.

    Done in Washington, DC, this 12th day of May 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-11086 Filed 5-14-04; 8:45 am]
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