62504 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Rules and Regulations

completed at the end of the extended

appraisal period.

* * * * *

[FR Doc. 97–30428 Filed 11–21–97; 8:45 am]

BILLING CODE 6325–01–U

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.

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 § 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 § 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 § 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
Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Rules and Regulations 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 § 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 § 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.

§ 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
62506 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Rules and Regulations

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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV97–931–2 FIR]

Fresh Bartlett Pears Grown in Oregon

and Washington; Reduced

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, without change, the

provisions of an interim final rule

which decreased the assessment rate

established for the Fresh Bartlett Pear

Marketing Committee (Committee)

under Marketing Order No. 931 for the

1997–98, and subsequent fiscal periods.

The Committee is responsible for local

administration of the marketing order

which regulates the handling of fresh

Bartlett pears grown in Oregon and

Washington. Authorization to assess

fresh Bartlett pear handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 fiscal period

began July 1 and ends June 30. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: December 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, Room 369, Portland,

OR 97204; telephone: (503) 326–2724,

Fax: (503) 326–7440 or George J.

Kelhart, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632.