[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Rules and Regulations]
[Page 57632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21575]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-038-2]


Karnal Bunt; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations to make changes to the list of areas 
regulated because of Karnal bunt, a fungal disease of wheat. The 
interim rule removed certain areas in Arizona and Texas from the list 
of regulated areas based on our determination that the fields in those 
areas met our criteria for release from regulation. That action was 
necessary to relieve restrictions that were no longer warranted.

EFFECTIVE DATE: The interim rule became effective on May 12, 2004.

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:

Background

    In an interim rule effective May 12, 2004, and published in the 
Federal Register on May 17, 2004 (69 FR 27821-27823, Docket No. 04-038-
1), we amended the regulations in ``Subpart--Karnal Bunt'' (7 CFR 
301.89-1 through 301.89-16) by removing certain areas in Arizona and 
Texas from the list of quarantined areas in Sec.  301.89-3(e). That 
action, which was based on our determination that the fields in these 
areas met our criteria for release from regulation, relieved 
restrictions on the interstate movement of regulated articles from 
those areas that were no longer warranted.
    Comments on the interim rule were required to be received on or 
before July 16, 2004. We received one comment by that date, from a 
private citizen. The commenter stated that the interstate movement of 
all wheat from States containing regulated areas should be prohibited. 
Given that the regulations require wheat grown in regulated areas to be 
tested prior to movement and restrict the interstate movement of wheat 
found to be Karnal-bunt positive, we do not believe it is necessary to 
prohibit the interstate movement of all wheat from States containing 
regulated areas in order to prevent the spread of Karnal bunt.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 69 
FR 27821-27823 on May 17, 2004.

    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).


    Done in Washington, DC, this 20th day of September 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-21575 Filed 9-24-04; 8:45 am]
BILLING CODE 3410-34-P