[Federal Register Volume 62, Number 226 (Monday, November 24, 1997)]
[Rules and Regulations]
[Pages 62504-62506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30784]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-26]
RIN 0579-AA83


Karnal Bunt; Additions to 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 by adding portions 
of McCulloch, Mills, and San Saba Counties, TX, to the list of 
regulated areas and by expanding the boundaries of the regulated areas 
in La Paz, Maricopa, and Pinal Counties, AZ, due to the detection of 
Karnal bunt in those new areas. This action is necessary on an 
emergency basis to prevent the spread of Karnal bunt into noninfested 
areas of the United States.

DATES: Interim rule effective November 18, 1997. Consideration will be 
given only to comments received on or before December 24, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-016-26, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-016-26. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Stefan, Operations Officer, 
Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, (301) 734-8247.

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 by spores, primarily through the movement of infected seed. 
In the absence of measures taken by the U.S. Department of Agriculture 
(USDA) to prevent its spread, the establishment of Karnal bunt in the 
United States could have significant consequences with regard to the 
export of wheat to international markets. The regulations regarding 
Karnal bunt are set forth in 7 CFR 301.89-1 through 301.89-14.
    The regulations in Sec. 301.89-3(a) provide that the Administrator 
of the Animal and Plant Health Inspection Service will regulate each 
State, or each portion of a State, in which Karnal bunt, or any stage 
of development of T. indica, is present or in which circumstances exist 
that make it reasonable to believe that Karnal bunt is present. We 
currently require that a bunted wheat kernel be found in or associated 
with a field before an area will be designated a regulated area. A 
field's association with a bunted wheat kernel will be established when 
it has been determined that: (1) A bunted wheat kernel was found in the 
field during surveys; (2) seed from a lot contaminated with a bunted 
wheat kernel was planted in the field; or (3) the field was found 
during surveys 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 regulations in Sec. 301.89-3(b) provide that less than an 
entire State will be designated as a regulated area only if the 
Administrator determines that the State has adopted and is enforcing 
restrictions on the intrastate movement of regulated articles that are 
equivalent to those imposed by the regulations on the interstate 
movement of regulated articles, and the designation of less than the 
entire State as a quarantined area will prevent the spread of Karnal 
bunt. The Administrator may also designate less than an entire State as 
a regulated area by exercising his or her extraordinary emergency 
authority under 7 U.S.C. 150dd when it is determined that a State is 
not taking adequate measures to prevent the spread of Karnal bunt.
    Under Sec. 301.89-3(e) of the regulations, a regulated area is 
further subdivided into areas classified as either restricted areas or 
surveillance areas. Restricted areas are further divided into 
restricted areas for seed and restricted areas for regulated articles 
other than seed. Restricted areas for seed are generally larger than 
restricted areas for regulated articles other than seed and 
surveillance areas, and will encompass both.
    A restricted area for seed is a distinct definable area that 
includes at least one field that has been: (1) Found during survey to 
contain a bunted wheat kernel; (2) planted with seed from a lot found 
to contain a bunted wheat kernel; or (3) 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.
    Individual fields associated with a bunted wheat kernel, such as 
bunted kernels from a handling facility, are designated as restricted 
areas for regulated articles other than seed. The identity of those 
fields is determined using the same criteria discussed above with 
regard to restricted areas for seed, but it is the field itself, 
without any adjacent areas, that is designated as the restricted area 
for regulated articles other than seed.
    A surveillance area is an area that includes at least one field 
that was either found during survey to contain a bunted wheat kernel, 
or that was found 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.
    All Karnal bunt host crops are prohibited from being planted in an 
area restricted for the movement of regulated articles other than seed. 
Under the regulations, a surveillance area surrounds an area restricted 
for the movement of regulated articles other than seed. While Karnal 
bunt host crops may be planted in the surveillance area, they may not 
be used for seed. Surrounding and encompassing the surveillance area is 
an area where the movement of seed is restricted unless certain 
conditions are met.
    Recently, during surveys conducted as part of the National Karnal 
Bunt Survey, bunted wheat kernels were detected in areas of Texas that 
lie outside the regulated area in that State, and in fields in Arizona 
that are within the State's regulated area but outside of the 
established restricted areas for regulated articles other than seed and 
surveillance areas.
    Therefore, in accordance with the criteria described above, we are 
amending the regulations to reflect those recent detections of bunted 
wheat kernels. Specifically, in Texas we are designating 17 fields in 
San Saba County as restricted areas for regulated articles other than 
seed; designating portions of McCulloch and Mills

[[Page 62505]]

Counties and all of San Saba County as restricted areas for seed; and 
designating portions of McCulloch, Mills, and San Saba Counties as 
surveillance areas. In Arizona, we are designating four fields--two in 
Maricopa County and one each in La Paz and Pinal Counties--as 
restricted areas for regulated articles other than seed and designating 
additional portions of those three counties as surveillance areas. The 
description of surveillance areas in La Paz, Maricopa, and Pinal 
Counties, AZ, has also been amended to make the boundary lines of the 
surveillance areas more accurate by removing nonagricultural acreage 
and areas outside the 3-mile radius used to establish the surveillance 
areas in Arizona. The boundaries of the new regulated areas in Texas 
and Arizona are set forth in the description of regulated areas 
contained in Sec. 301.89-3(f) in the rule portion of this document.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to prevent Karnal bunt from spreading to noninfested areas of 
the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

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 
process required by Executive Order 12866.
    This interim rule amends the Karnal bunt regulations by adding 
portions of McCulloch, Mills, and San Saba Counties, TX, to the list of 
regulated areas and by expanding the boundaries of the regulated areas 
in La Paz, Maricopa, and Pinal Counties, AZ, due to the detection of 
Karnal bunt in those new areas. This action is necessary on an 
emergency basis to prevent the spread of Karnal bunt into noninfested 
areas of the United States. This action imposes certain restrictions on 
the movement of regulated articles from regulated areas.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule would 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our 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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB), and there are no new requirements. The assigned OMB 
control number is 0579-0121.

List of Subjects in 7 CFR Part 301

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

    Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In Sec. 301.89-3, paragraph (f) is amended as follows:
    a. Under the heading ``Arizona'', in paragraph (2), the entries for 
La Paz County, Maricopa County, and Pinal County are amended by adding, 
in numerical order, the field numbers set forth below, and paragraph 
(3) is revised to read as set forth below.
    b. Under the heading ``Texas'', in paragraph (1), entries for 
McCulloch County, Mills County, and San Saba County are added, in 
alphabetical order, to read as set forth below; in paragraph (2), an 
entry for San Saba County is added, in alphabetical order, to read as 
set forth below; and paragraph (3) is revised to read as set forth 
below.


Sec. 301.89-3  Regulated areas.

* * * * *
    (f) * * *
Arizona
* * * * *
    (2) * * *
    La Paz County.
* * * * *
    319052007
* * * * *
    Maricopa County.
* * * * *
    302112806
* * * * *
    316150301
* * * * *
    Pinal County.
* * * * *
    315221403
* * * * *
    (3) Surveillance areas.
    La Paz County. Beginning at the northwest corner of sec. 6, T. 7 
N., R. 21 W.; then east to the northeast corner of sec. 1, T. 7 N., R. 
21 W.; then south to the southeast corner of sec. 1, T. 6 N., R. 21 W.; 
then west to the southwest corner of sec. 6, T. 6 N., R. 21 W.; then 
north to the point of beginning; and
    Beginning at the northeast corner of sec. 22, T. 6 N., R. 21 W.; 
then south to the southeast corner of sec. 34, T. 5 N., R. 21 W.; then 
west to the Colorado River; then north along the Colorado River to the 
northern side of sec. 21, T. 6 N., R. 22 W.; then east to the point of 
beginning.
    Maricopa County. Beginning at the southeast corner of sec. 36, T. 1 
N., R. 1 E.; then west to the southwest corner of sec. 31, T. 1 N., R. 
1 E.; then north to the northwest corner of sec. 19, T. 2 N., R. 1 E.; 
then west to the northeast corner of sec. 20, T. 2 N., R. 1 W.; then 
south to the southeast corner of sec. 29, T. 2 N., R. 1 W.; then west 
to the south center of sec. 28, T. 2 N., R. 2 W.; then north to the 
north center of sec. 33, T. 3 N., R. 2 W.; then east to the northeast 
corner of sec. 36, T. 3 N., R. 2 W.; then north to the northwest corner 
of sec. 6, T. 3 N., R. 1 W.; then east to the northeast corner of sec. 
1, T. 3 N., R. 1 W.; then south to the northeast corner of sec. 24, T. 
3 N., R. 1 W.; then east to

[[Page 62506]]

the northeast corner of sec. 24, T. 3 N., R. 1 E.; then south to the 
point of beginning;
    Beginning at the southwest corner of sec. 1, T. 1 S., R. 5 W.; then 
north along the Hassayampa River to sec. 10, T. 1 N., R. 5 W.; then 
east to the north center of sec. 16, T. 1 N., R. 4 W.; then south to 
the southeast corner of sec. 4, T. 1 S., R. 4 W.; then west to the 
point of beginning; and
    Beginning at the southeast corner of sec. 36, T. 2 S., R. 5 E.; 
then west to the southwest corner of sec. 32, T. 2 S., R. 5 E.; then 
north to the northwest corner of sec. 20, T. 1 S., R. 5 E.; then east 
to the northwest corner of sec. 20, 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 
northeast corner of sec. 12, T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 1, T. 2 S., R. 6 E.; then west to the 
southwest corner of sec. 6, T. 2 S., R. 6 E.; then south to the point 
of beginning.
    Pinal County. Beginning at the southwest corner of sec. 31, T. 5 
S., R. 4 E.; then west to the southwest corner of sec. 33, T. 5 S., R. 
3 E.; then north to the northwest corner of sec. 33, T. 5 S., R. 3 E.; 
then west to the southwest corner of sec. 26, T. 5 S., R. 2 E.; then 
north to the west center of sec. 14, T. 4 S., R. 2 E.; then east to the 
east center of sec. 14, T. 4 S., R. 3 E.; then south to the northeast 
corner of sec. 2, T. 5 S., R. 3 E.; then east to the northeast corner 
of sec. 6, T. 5 S., R. 4 E.; then south to the point of beginning.
* * * * *
Texas
    (1) * * *
* * * * *
    McCulloch County. Beginning at the McCulloch/San Saba County line 
and the line of latitude 31.232299 N.; then west along the line of 
latitude 31.232299 N. to the line of longitude -99.134731 W.; then 
north along the line of longitude -99.134731 W. to the line of latitude 
31.283487 N.; then east along the line of latitude 31.283487 N. to the 
McCulloch/San Saba County line; then south along the McCulloch/San Saba 
County line to the point of beginning.
    Mills County. Beginning at the Mills/San Saba County line and the 
line of latitude 31.310619 N.; then east along the line of latitude 
31.310619 N. to the line of longitude -98.743705 W.; then south along 
the line of longitude -98.743705 W. to the Mills/San Saba County line; 
then west and north along the Mills/San Saba County line to the point 
of beginning.
    San Saba County. The entire county.
    (2) * * *
* * * * *
    San Saba County.

40104 3201
40111 2801
40111 3301
40112 1901
40112 1902
40112 1903
40112 2001
40112 2101
40112 3301
40112 3401
40113 2302
40113 2401
40113 2405
40113 2406
40113 3301
40115 0701
40115 1601

    (3) Surveillance areas.
    McCulloch County. Beginning at the McCulloch/San Saba County line 
and the line of latitude 31.232299 N.; then west along the line of 
latitude 31.232299 N. to the line of longitude -99.134731 W.; then 
north along the line of longitude -99.134731 W. to the line of latitude 
31.283487 N.; then east along the line of latitude 31.283487 N. to the 
McCulloch/San Saba County line; then south along the McCulloch/San Saba 
County line to the point of beginning.
    Mills County. Beginning at the Mills/San Saba County line and the 
line of latitude 31.310619 N.; then east along the line of latitude 
31.310619 N. to the line of longitude -98.743705 W.; then south along 
the line of longitude -98.743705 W. to the Mills/San Saba County line; 
then west and north along the Mills/San Saba County line to the point 
of beginning.
    San Saba County. Beginning at the San Saba/Mills County line and 
the line of longitude -98.743705 W.; then south along the line of 
longitude -98.743705 W. to the line of latitude 31.167959 N.; then west 
along the line of latitude 31.167959 N. to the line of longitude 
-98.903233 W.; then north along the line of longitude -98.903233 W. to 
the line of latitude 31.310819 N.; then east along the line of latitude 
31.310819 N. to the San Saba/Mills County line; then south along the 
San Saba/Mills County line to the point of beginning; and
    Beginning at the San Saba/McCulloch County line and the line of 
latitude 31.283487 N.; then east along the line of latitude 31.283487 
N. to the line of longitude -99.063487 W.; then south along the line of 
longitude -99.063487 W. to the line of latitude 31.232299 N.; then west 
along the line of latitude 31.232299 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 18th day of November 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-30784 Filed 11-21-97; 8:45 am]
BILLING CODE 3410-34-P