[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18701-18703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7194]



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  Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules 
and Regulations  

[[Page 18701]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0157]


Karnal Bunt; Removal of Regulated Areas in Texas

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 remove certain 
areas or fields in Baylor, Knox, Throckmorton, and Young Counties, TX, 
from the list of regulated areas based on our determination that those 
fields or areas meet our criteria for release from regulation. This 
action is necessary to relieve restrictions that are no longer 
necessary.

DATES: This interim rule is effective April 7, 2008. We will consider 
all comments that we receive on or before June 6, 2008.

ADDRESSES: You may submit comments by either of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0157 to submit 
or view comments and to view supporting and related materials available 
electronically.
    Postal Mail/Commercial Delivery: Please send two copies of your 
comment to Docket No. APHIS-2007-0157, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2007-0157.
    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. Matthew H. Royer, Associate 
Director, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road, 
Unit 26, Riverdale, MD 20737-1236; (301) 734-7819.

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 primarily through 
the planting of infected seed followed by very specific environmental 
conditions matched during specific stage of wheat growth. 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, 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).
    Under the regulations in Sec.  301.89-3(f), a field known to have 
been infected with Karnal bunt, as well as any noninfected acreage 
surrounding the field, will be released from regulation if:
     The field has been permanently removed from crop 
production; or
     The field is tilled at least once per year for a total of 
5 years (the years need not be consecutive). After tilling, the field 
may be planted with a crop or left fallow. If the field is planted with 
a host crop, the harvested grain must test 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 or 
fields in Baylor, Knox, Throckmorton, and Young Counties, TX, 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 necessary. With this action, there are 
no longer any regulated areas in Baylor or Knox Counties, TX, and the 
size of the regulated areas in each of the two remaining regulated 
Texas counties is reduced.

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary. 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.
    This rule modifies the Karnal bunt regulations by removing certain 
areas in

[[Page 18702]]

Texas from quarantine based on surveys that indicate the areas meet our 
criteria for release from regulation. In Texas, four counties will be 
affected by this change and a total of 37,012.25 acres will be removed 
from quarantine. The following table presents the acreage and number of 
fields removed from regulation by this rule:

  Table 1.--Location, Acreage, and Number of Fields To Be Released From
                          Regulation, by County
------------------------------------------------------------------------
                                                   Number of
                     County                          acres     Number of
                                                   released     fields
------------------------------------------------------------------------
Baylor..........................................   20,404.13         281
Knox............................................   11,522.39         117
Throckmorton....................................    4,040.25          43
Young...........................................    1,045.48          18
------------------------------------------------------------------------

    In both Throckmorton and Young counties there will still be 
portions that remain under quarantine for Karnal bunt. Additionally, 
the quarantine boundaries will remain the same in California and 
Arizona. In the areas released from regulation for Karnal bunt, 
producers and other entities will no longer have to meet the 
restrictions that apply to regulated articles moved from quarantined 
areas.
    The affect of this rule will be to allow affected landowners and 
businesses in the previously quarantined areas to resume normal 
operations since the areas have met the criteria for removal from 
quarantine. The U.S. Small Business Administration's (SBA) size 
standard for wheat farming is $750,000 or less in annual receipts.\1\ 
We believe the majority of affected entities will be small by SBA 
standards. There were a total of 230,000 farms, including wheat farms, 
in the State of Texas in 2006. Of the 230,000 farms, only 3,900 (1.7 
percent) had sales of $500,000 or more.\2\ Statewide, a total of 5.5 
million all-purpose acres were planted with wheat in 2006, with most of 
it not harvested but used as forage.\3\ Of the 1.4 million wheat acres 
that were harvested, there was an average yield of 24 bushels per acre, 
for a total production of 33.6 million bushels.\4\ The average price 
for wheat in 2006 was $4.55/bushel, for a total value of production of 
over $152.8 million in Texas. In 2002, the most recent year of the 
Census of Agriculture, there were a total of 9,031 farms that harvested 
wheat for grain in Texas. Of those, the Census of Agriculture recorded 
that there were 342 wheat farms located in the four counties that will 
be affected by the interim rule.\5\
---------------------------------------------------------------------------

    \1\ Table of Size Standards based on NAICS 2002 [Wheat farming: 
NAICS code 111140]. Washington, DC: U.S. Small Business 
Administration, effective October 1, 2007.
    \2\ USDA-NASS, Quick Stats: U.S. & All States Data-Farm Numbers, 
Texas Data: Farm Numbers by Economic Sales Classes. Washington, DC: 
National Agricultural Statistics Service.
    \3\ Wheat is planted for forage, grain, or a combination of the 
two.
    \4\ USDA-NASS, Texas State Agriculture Overview--2006. 
Washington, DC: National Agricultural Statistics Service.
    \5\ USDA-NASS, 2002 Census of Agriculture--Texas County Data, 
Table 24. Washington, DC: National Agricultural Statistics Service.
---------------------------------------------------------------------------

    This interim rule will allow producers in the deregulated area to 
freely move harvested wheat. As a result, it is possible that these 
producers may have a broader sales base and increased marketing 
opportunities than prior to the implementation of the interim rule as 
they will be able to reacquire domestic and international markets that 
may have been closed to them because of the quarantine. In addition, 
the possibility of enhanced buyer perceptions that the wheat is of 
higher quality than when the area was under quarantine may translate 
into higher prices received. That said, the benefits of this rule are 
still expected to be small for each producer. The requirement to test 
grain for Karnal bunt, a prerequisite of movement from a regulated 
area, is already performed free of charge. Removal of these areas from 
quarantine represents more the eliminating of the inconvenience of 
testing rather than a large financial gain.
    It is important to note that the effects of this rule, although 
beneficial, will not result in a significant impact on the domestic 
market for wheat. As stated earlier, Texas wheat production in 2006 
totaled 33.6 million bushels, with the value of production totaling 
over $152.8 million. For that same year, U.S. wheat production totaled 
over 1.8 billion bushels, with the value of production over $7.7 
billion dollars.\6\ Therefore, Texas represented only 1.86 percent of 
total U.S. wheat production, and contributed 1.98 percent to the value 
of U.S. wheat production. Wheat production in the affected counties is 
a small fraction of the Texas total, and any benefits of the interim 
rule experienced by affected producers will not have an impact on the 
price for wheat.
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    \6\ USDA-NASS, Quick Stats. Washington, DC: National 
Agricultural Statistics Service.
---------------------------------------------------------------------------

    To further illustrate the point, in 2002 Texas production of wheat 
for grain totaled over 75.1 million bushels. In the four counties that 
are affected by this rule, production of wheat for grain totaled about 
3.8 million bushels, representing approximately a 5 percent share of 
the State total. The 2002 percentage share of total U.S. wheat 
production for the counties of Baylor, Knox, Throckmorton, and Young, 
combined, was limited to 0.24 percent.\7\ The interim rule will not 
have an impact on the domestic market for wheat. Table 2 presents the 
wheat production data in 2002 for the four counties affected by the 
interim rule.
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    \7\ U.S. production of harvested wheat for grain in 2002 totaled 
over 1.5 billion bushels. USDA-NASS, 2002 Census of Agriculture--
U.S. State Data, Table 23. Washington, DC: National Agricultural 
Statistics Service.

Table 2.--Farm Production Data of Harvested Wheat for Grain for the Four
                         Affected Counties, 2002
------------------------------------------------------------------------
                                                   Number of    Bushels
                     County                          farms     harvested
------------------------------------------------------------------------
Baylor..........................................          68     636,391
Knox............................................         150   2,195,982
Throckmorton....................................          59     694,079
Young...........................................          65     309,121
                                                 -----------------------
    Total.......................................         342  3,835,573
------------------------------------------------------------------------
Source: USDA-NASS, 2002 Census of Agriculture--Texas County Data, Table
  24. Washington, DC: National Agricultural Statistics Service.

    Wheat producers will not be the only entities to benefit from the 
quarantine removal. The quarantine regulations require that all 
conveyances, mechanized harvesting equipment, seed conditioning 
equipment, grain elevators, and structures used for storing and 
handling wheat, durum wheat, or triticale be cleaned by removing all 
soil and plant debris. If disinfection is required by an inspector in 
addition to cleaning, the articles must be disinfected by one of the 
methods specified in Sec.  301.89-12 of the regulations. As with the 
affected wheat producers, we expect that most if not all of the 
independent operators of harvesting equipment and other service 
providers that operate in the areas removed from quarantine by this 
rule are small entities.\8\ They will benefit, but the financial gains 
for them are not expected to be significant.
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    \8\ These entities are covered under NAICS subsector code 115--
Support Activities for Agriculture and Forestry, where the SBA size 
standard is $6.5 million or less in annual receipts.
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    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.

[[Page 18703]]

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 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).

0
2. In Sec.  301-89.3, paragraph (g) is amended under the heading 
``Texas'' by removing the entries for Baylor County and Knox County and 
by revising the entries for Throckmorton County and Young County to 
read as follows:


Sec.  301.89-3  Regulated areas.

* * * * *
    (g) * * *

Texas

    Throckmorton County. Beginning in the northeastern portion of the 
county at the line of longitude -98.9921[deg] W and the line of 
latitude 33.2836[deg] N; then south along the line of longitude -
98.9921[deg] W to the line of latitude 33.2055[deg] N; then east along 
the line of latitude 33.2055[deg] N to the line of longitude -
98.9891[deg] W; then south along the line of longitude -98.9891[deg] W 
to the line of latitude 33.1809[deg] N; then east along the line of 
latitude 33.1809[deg] N to the Throckmorton/Young County line at the 
line of longitude -98.9527[deg] W; then north along the line of 
longitude -98.9527[deg] W to the line of latitude 33.2836[deg] N; then 
west along the line of latitude 33.2836[deg] N to the point of 
beginning.
    Young County. Beginning in the northwestern portion of the county 
at the line of longitude -98.9527[deg] W and the line of latitude 
33.2836[deg] N; then south along the line of longitude -98.9527[deg] W 
to the line of latitude 33.1809[deg] N; then east along the line of 
latitude 33.1809[deg] N to the line of longitude -98.8762[deg] W; then 
north along the line of longitude -98.8762[deg] W to the line of 
latitude 33.1946[deg] N; then east along the line of latitude 
33.1946[deg] N to the line of longitude -98.8356[deg] W; then north 
along the line of longitude -98.8356[deg] W to the line of latitude 
33.2880[deg] N; then west along the line of latitude 33.2880[deg] N to 
the line of longitude -98.9430[deg] W; then south along the line of 
longitude -98.9430[deg] W to the line of latitude 33.2836[deg] N; then 
west along the line of latitude 33.2836[deg] N to the point of 
beginning.

    Done in Washington, DC, this 1st day of April 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-7194 Filed 4-4-08; 8:45 am]
BILLING CODE 3410-34-P