[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Rules and Regulations]
[Pages 73553-73556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23995]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / 
Rules and Regulations  

[[Page 73553]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-078-1]


Karnal Bunt; Addition and Removal of Regulated Areas in Arizona

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 Maricopa and Pinal 
Counties, AZ, 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 or fields in 
Maricopa County, AZ, from the list of regulated areas based on our 
determination that those fields or areas meet our criteria for release 
from regulation. These actions are necessary to prevent the spread of 
Karnal bunt to noninfected areas of the United States and to relieve 
restrictions on certain areas that are no longer necessary.

DATES: This interim rule is effective December 7, 2005. We will 
consider all comments that we receive on or before February 13, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2005-0110 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 05-078-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.08, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 05-078-1.
    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: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Karnal Bunt Program 
Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-3769.

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).
    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 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 
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 the 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

[[Page 73554]]

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 \1\ 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 annually, or (3) planted with 
a host crop that tests negative, through the absence of bunted kernels, 
for Karnal bunt.
---------------------------------------------------------------------------

    \1\ On October 5, 2005, we published a proposed rule in the 
Federal Register (70 FR 58084-58086; Docket 04-134-1) in which we 
proposed to, among other things, amend the regulations to refer to 5 
cumulative years rather than 5 consecutive years.
---------------------------------------------------------------------------

    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 adding 5,215 acres (36 
fields) in Maricopa County, AZ, and 5,085 acres (approximately 15 to 20 
fields) in Pinal County, AZ, 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.
    We are also removing 3,802 acres (37 fields) in Maricopa County, 
AZ, from the list of regulated areas based on our determination that 
these fields or 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.

Immediate Action

    Immediate action is necessary 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 action 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, a fungal 
disease of wheat. We are adding certain areas in Maricopa and Pinal 
Counties, AZ, 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 or fields in 
Maricopa County, AZ, from the list of regulated areas based on our 
determination that those fields or areas meet our criteria for release 
from regulation. These actions are necessary to prevent the spread of 
Karnal bunt to noninfected areas of the United States and to relieve 
restrictions on certain areas that are no longer necessary.
    Deregulating certain areas or fields in Maricopa County, AZ, will 
benefit producers in these areas who wish to produce host crops in the 
future. Deregulation will allow producers to move wheat grain and seed 
with no restrictions. Prior to this rule, any wheat, durum wheat, or 
triticale grown in those areas or 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. Thus, deregulation allows for freer movement of 
grain and seed from those areas that are affected by this aspect of the 
interim rule.
    The impact of this aspect of the 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. This is due in 
part to the perceived notion that wheat produced in a regulated area is 
of lower quality. Deregulation may remove this stigma.
    Despite the increased ability to move grain and seed, as well as a 
potential increase in the price received for wheat, the benefits to 
individual producers are not likely to be significant. There are 
several reasons for this. First, grain in regulated areas is tested for 
Karnal bunt at no charge to the producer. Thus, removing this testing 
requirement does not translate into a cost savings for producers, but 
merely eliminates an inconvenience. Second, little to no wheat seed 
will be grown in the affected areas of Maricopa County, AZ. In 2004, 
seed demand accounted for approximately 5 percent of total domestic 
wheat production. Given such a small percentage and the small size of 
the area in question relative to other wheat producing regions, it is 
not expected that this region will grow a significant amount of wheat 
for seed. Thus, the benefits associated with removing restrictions on 
the movement of seed are expected to be minimal in this area. Finally, 
in 2004, Maricopa County accounted for only 0.07 percent of total U.S. 
wheat production. Therefore, deregulation of these fields or areas 
would not influence the price of wheat to a significant degree if at 
all.
    Regulation of certain areas in Maricopa and Pinal Counties, AZ, is 
also unlikely to have a profound effect on individual producers. In 
this case, producers will still be allowed to transport and market 
their grain in non-regulated areas if it tests negative for bunted 
kernels. As stated above, this cost is borne by the government and not 
by individual producers, so producers

[[Page 73555]]

are only affected by the inconvenience of testing. Further, little or 
no wheat seed is expected to be produced in these areas, so the 
restrictions on seed movement should be negligible. Finally, although 
producers may see a more limited market for their product and face 
lower prices, the influence of this wheat producing area is small. In 
2004, the counties mentioned above together accounted for only 0.15 
percent of total U.S. wheat production. Thus, any price changes would 
be very small.
    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small businesses, organizations, and 
governmental jurisdictions. Those most likely affected by this interim 
rule are producers whose fields have been added to the list of 
regulated areas. Additionally, those farmers whose fields have been 
removed from the list of regulated areas and plan to grow wheat in the 
future will also be affected. The number of producers likely to be 
affected by this interim rule is not expected to be large. Also, it is 
not expected that the interim rule will have a significant impact on 
the affected producers. The reasons for this are presented in the 
preceding paragraphs.
    Producers affected by the interim rule are likely to be small in 
size based on the U.S. Small Business Administration (SBA) standards 
for wheat farmers, with supporting data from the 2002 Census of 
Agriculture (2002 Census), which is the most recent census available. 
The SBA classifies wheat producers with total annual sales of not more 
than $750,000 as small entities. According to 2002 Census data, there 
were a total of 232 wheat-for-grain (all kind of wheat) farms in 
Arizona in 2002. Of those, 38 farms were in Maricopa County and 67 
farms in Pinal County. Of this number, 91 percent had annual sales in 
2002 of less than $500,000, which is well below the SBA's small entity 
threshold of $750,000 for wheat farms. Therefore, these findings, in 
conjunction with those above, demonstrate that although most of the 
entities impacted by the rule are expected to be small, the impact on 
those entities is not expected to be significant.
    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 interim rule contains no 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 and 7781-7786; 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:
0
a. Under the heading ``Arizona,'' in the entry for Maricopa County, by 
revising paragraphs (1), (3), and (4) to read as set forth below.
0
b. Under the heading ``Arizona,'' in the entry for Pinal County, by 
revising paragraph (2) to read as set forth below.


Sec.  301.89-3  Regulated areas.

* * * * *
    (g) * * *

Arizona

* * * * *
    Maricopa County. (1) Beginning at the southeast corner of sec. 17, 
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 northwest corner of sec. 14, T. 1 S., 
R.1 E.; then west to the southwest corner of sec. 9, T. 1 S., R. 1 E.; 
then north to the northwest corner of sec. 9, T. 1 S., R. 1 E.; then 
west to the southwest corner of sec. 5, T. 1 S., R. 1 E.; then north to 
the northwest corner of sec. 5, T. 1S., R. 1 E.; then west to the 
northeast corner of sec. 6, T. 1 S., R. 1 W.; then south to the 
southeast corner of sec. 7, T. 1 S., R. 1 W.; then west to the 
northeast corner of sec. 14, T. 1 S., R. 2 W.; then south to the 
southeast corner of sec. 14, T. 1 S., R. 2 W.; then west to the 
northeast corner of sec. 20, T. 1 S., R. 2 W.; then south to the 
southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to the 
northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the 
southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the 
southwest corner of sec. 26, 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 
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the 
northeast corner of sec. 7, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 5, T. 1 N., R. 2 W.; then east to the 
northeast corner of sec. 5, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 28, T. 2 N., R. 2 W.; then east to the 
northeast corner of sec. 28, 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. 20, T. 3 N., R. 1 E.; then south to the 
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 35, T. 3N., R. 1 E.; then east to the 
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the 
northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the 
northeast corner of sec. 4, T. 1 N., R. 2 E.; then south to the 
northwest corner of sec. 15, T. 1 N., R. 2 E.; then east to the 
northeast corner of sec. 15, T. 1 N., R. 2 E.; then south to the 
southeast corner of sec. 27, T. 1 N., R. 2 E.; then west to the 
southwest corner of sec. 27, T. 1 N., R. 2 E.; then south to the 
southeast corner of sec. 33, T. 1 N., R. 2 E.; then west to the 
northeast corner of sec. 4, T. 1 S., R. 2 E.; then south to the 
southeast corner of sec. 4, T. 1 S., R. 2 E.; then west to the 
southwest corner of sec. 4, T. 1 S., R. 2 E.; then south to the point 
of beginning.
* * * * *
    (3) Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.; 
then west to the northeast corner of sec. 33, T. 6 S., R. 6 W.; then 
south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west 
to the southwest corner of sec. 36,

[[Page 73556]]

T. 6 S., R. 7 W.; then north to the northwest corner of sec. 36, T. 6 
S., R. 7 W.; then west to the southwest corner of sec. 26, T. 6 S., R. 
7 W.; then north to the northwest corner of sec. 23, T. 6 S., R. 7 W.; 
then west to the southeast corner of sec. 18, T. 6 S., R. 7 W.; then 
north to the northeast corner of sec. 6, T. 6 S., R. 7 W.; then west to 
the southeast corner of sec. 31, T. 5 S., R. 7 W.; then north to the 
northwest corner of sec. 29, T. 5 S., R. 7 W.; then east to the 
northeast corner of sec. 29, T. 5 S., R. 7 W.; then east to the 
southwest corner of sec. 22, T. 5 S., R. 7 W.; then north to the 
northwest corner of sec. 22, T. 5 S., R 7 W.; then east to the 
southwest corner of sec. 14, T. 5 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. 13, T. 5 S., R. 6 W.; then south to the 
southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the 
northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the 
southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the 
northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the 
southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the 
northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the 
southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the 
northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point 
of beginning.
    (4) Beginning at the southeast corner of sec. 36, T. 2 N., R. 5 E.; 
then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then 
south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to 
the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the 
southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the 
southwest corner of sec. 17, T. 1 N., R. 5 E.; then north to the 
northwest corner of sec. 17, T. 1 N., R. 5 E.; then west to the 
southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the 
northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to the 
northeast corner of sec. 12, T. 1 N., R. 4 E.; then north to the 
northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the 
northeast corner of sec. 12, T. 2 N., R. 5 E.; then south to the point 
of beginning.
    Pinal County:
* * * * *
    (2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; 
then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.; then 
south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west 
to the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the 
southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the 
northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the 
southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the 
southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the 
southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the 
southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 11, T. 6 S., R. 2 E.; then north to the 
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the 
northeast corner of sec. 35, 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 
southwest corner of sec. 20, 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. 24, T. 4 S., R. 3 E.; then south to the 
southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the 
northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 1, T. 5 S., R. 4 E.; then east to the 
northeast corner of sec. 1, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 1, T. 5 S., R. 4 E.; then west to the 
northeast corner of sec. 12, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 24, T. 5 S., R. 4 E.; then west to the 
southwest corner of sec. 24, T. 5 S., R. 4 E.; then south to the 
northeast corner of sec. 35, T. 5 S., R. 4 E.; then west to the 
northwest corner of sec. 35, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to the 
northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 49, T. 6 S., R. 4 E.; then west to the 
northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point 
of beginning.
* * * * *

    Done in Washington, DC, this 7th day of December 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-23995 Filed 12-12-05; 8:45 am]
BILLING CODE 3410-34-P