This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3844

Vol. 63, No. 17

Tuesday, January 27, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 97–060–1]

RIN 0579–AA88

Karnal Bunt Status of the Mexicali

Valley of Mexico

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the wheat diseases regulations by

recognizing a wheat-growing area

within the Mexicali Valley of Mexico as

being free from the wheat disease Karnal

bunt. Surveys conducted by Mexican

plant health authorities in that area of

the Mexicali Valley since 1990 have

shown the area to be free from Karnal

bunt, and Mexican authorities are

enforcing restrictions designed to

protect the area from the introduction of

Karnal bunt. This proposed change

would have the effect of removing

certain restrictions on the importation

into the United States of wheat seed,

straw, and other wheat products from

the Karnal bunt free area of the Mexicali

Valley.

DATES: Consideration will be given only

to comments received on or before

March 30, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–060–1, 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. 97–060–1. 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.

James A. Petit de Mange, Import

Specialist, Phytosanitary Issues

Management Team, PPQ, APHIS, USDA,

4700 River Road Unit 140, Riverdale,

MD 20737–1236; (301) 734–6799; fax

(301) 734–5786; e-mail:

jpdmange@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in ‘‘Subpart—Wheat

Diseases’’ (7 CFR 319.59 through

319.59–2, referred to below as the

regulations), restrict the importation

into the United States of certain seeds,

plants, and plant products from certain

countries or localities in order to

prevent the introduction of foreign

strains of flag smut and Karnal bunt,

two fungal diseases of wheat (Triticum

spp.). Specific provisions relating to

foreign strains of flag smut are located

in paragraph (a) of § 319.59–2 of the

regulations, and specific provisions

concerning Karnal bunt are found in

paragraph (b) of that section.

Under § 319.59–2(b) of the

regulations, wheat seeds, plants, straw

(except straw without heads that has

been processed or manufactured into

articles such as decorative wall

hangings, clothing, or toys), chaff, and

products of the milling process other

than flour (i.e., bran, thistle sharps, and

pollards) are designated as prohibited

articles if they are from Afghanistan,

India, Iraq, Mexico, or Pakistan, which

are countries in which Karnal bunt is

considered to exist. Prohibited articles

may be imported into the United States

only by the U.S. Department of

Agriculture for experimental or

scientific purposes in accordance with

§ 319.59–2(c).

The Government of Mexico has

requested that the Animal and Plant

Health Inspection Service (APHIS)

recognize the Mexicali Valley area of

Mexico as free from Karnal bunt. In

support of its request, the Mexican

Government submitted the results of

annual surveys conducted in the wheatproducing areas of the Mexicali Valley

since 1990 by Mexico’s national plant

protection organization, Sanidad

Vegetal.

APHIS has reviewed the

documentation submitted by the

Government of Mexico in support of its

request and conducted an on-site

evaluation of Mexico’s plant health

programs in the Mexicali Valley with

regard to Karnal bunt. The evaluation

consisted of a review of Mexico’s Karnal

bunt survey activities, laboratory and

testing procedures for the examination

of samples collected during the surveys,

and the administration of laws and

regulations intended to prevent the

introduction of Karnal bunt into the

Mexicali Valley’s wheat-growing areas

from the rest of Mexico and from

outside the country. After reviewing the

documentation provided by Mexico and

the data gathered during the on-site

visit, we believe that Mexico has

demonstrated, in accordance with the

standards established by the North

American Plant Protection Organization

for pest-free areas, that the wheatgrowing areas of the Mexicali Valley are

free from Karnal bunt. We believe,

therefore, that there is no longer any

biological justification for that area of

Mexico to be listed with the countries

and localities considered to be affected

with Karnal bunt.

Therefore, we are proposing to amend

§ 319.59–2(b) of the regulations by

adding an exception for the Karnal bunt

free area of the Mexicali Valley to the

entry for Mexico on the list of countries

and localities affected with Karnal bunt.

This proposed action would mean that

wheat seed, straw, and the other wheat

products described in § 319.59–2(b)(1)

of the regulations from the Karnal bunt

free area of the Mexicali Valley would

no longer be considered prohibited

articles under the wheat diseases

regulations. However, the importation of

wheat plants into the United States from

the Karnal bunt free area of the Mexicali

Valley would continue to be prohibited

under the regulations in ‘‘Subpart—

Nursery Stock, Plants, Roots, Bulbs,

Seeds, and Other Plant Products’’ (7

CFR 319.37 through 319.37–14).

Specifically, § 319.37–2(a) lists Poaceae

(vegetative parts of all grains and

grasses) from all foreign places except

Canada as prohibited articles due to a

wide diversity of plant diseases.

For the purposes of the regulations,

we would define the Karnal bunt free

area of the Mexicali Valley as those

portions of the municipality of Mexicali,

in the State of Baja California, and the

municipality of San Luis Rio Colorado,

in the State of Sonora, that constitute

the Distrito de Desarrollo Rural 002, Rio
Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules 3845

Colorado (Rural Development District

002, Colorado River). The area described

in that definition encompasses the

wheat-growing area of the Mexicali

Valley that has been the subject of the

ongoing Karnal bunt surveys described

above and falls completely within the

area into which the movement of

potential Karnal bunt host material is

prohibited by Mexican plant health

regulations to prevent the introduction

of Karnal bunt.

Because the remainder of Mexico has

not been recognized as being free from

Karnal bunt, we would include two

additional conditions on the

importation into the United States of

wheat seed, straw, and other wheat

products from the Mexicali Valley.

First, we would require that the

articles be offered for entry at the port

of Calexico, CA, which is staffed by

APHIS inspectors and lies across the

border from the northern boundary of

the Karnal bunt free area of the Mexicali

Valley. That port of entry is served by

both a main road and a rail line that

pass through the Karnal bunt free area,

so any wheat or other articles from the

Karnal bunt free area would remain

within that area during their movement

to the United States for entry. Once the

articles arrive at the port of Calexico,

CA, the shipment would have to be

made available to an APHIS inspector

for examination and would remain at

the port of entry until an inspector

released the shipment or authorized its

further movement pending release.

Second, we would require that wheat

or other articles offered for entry be

accompanied by a phytosanitary

certificate issued by Mexico’s national

plant protection organization. That

certificate would have to include a

statement confirming that the wheat or

other articles were grown in the

designated Karnal bunt free area of the

Mexicali Valley and remained in that

area prior to and during their movement

to the United States. The phytosanitary

certificate would be reviewed by an

APHIS inspector at the port of entry to

ensure that the wheat or other articles

offered for entry into the United States

were indeed grown and harvested in the

area of Mexico that has been shown to

be free of Karnal bunt and did not leave

that area while in transit to the port of

entry.

Other Changes

As part of this proposed rule, we

would make several other changes to

update the regulations. First, we would

remove the authority citation that

appears at the beginning of ‘‘Subpart—

Wheat Diseases.’’ The authority that

applies to all of part 319, including the

subpart, is cited at the beginning of the

part.

We are proposing to amend

§ 319.59(a) to correct three erroneous

references within that paragraph to

other paragraphs in the subpart.

Specifically, there are two references to

provisions in § 319.59–2(b) that provide

for the importation of otherwise

prohibited articles; those provisions are

actually located in paragraph § 319.59–

2(c). The third erroneous reference is to

articles designated in § 319.59–2(a) as

prohibited articles. Although that

paragraph does contain a list of

prohibited articles, there is also a list of

prohibited articles in § 319.59–2(b). We

would, therefore, change that reference

so that it refers to prohibited articles

designated in § 319.59–2 (a) and (b).

We are also proposing to amend

paragraph (b) of § 319.59, which

provides for the disposition of articles

that have been refused importation in

accordance with the requirements of the

regulations. That paragraph currently

states that such articles shall be

promptly removed from the United

States or abandoned by the importer for

destruction. Although the phrase

‘‘abandoned by the importer for

destruction’’ could be construed as

indicating that the importer would be

relieved of any further responsibility for

the articles after abandoning them, the

importer is actually responsible for the

costs of destruction. We are, therefore,

proposing to amend the paragraph to

make it clear that when an article is to

be destroyed rather than reexported, the

costs of destroying the article are the

responsibility of the importer.

We are proposing to update the list of

countries in § 319.59–2(a)(2) by

removing a reference to the ‘‘Union of

Soviet Socialist Republics’’ and adding

the 15 successor States to the former

Soviet Union in its place. We would

also update several country names that

are currently included on the list of

countries.

Finally, we are proposing to make

minor changes for the sake of

consistency in two other subparts in

part 319, namely ‘‘Subpart—Foreign

Cotton and Covers’’ (§§ 319.8 through

319.8–27) and ‘‘Subpart—Packing

Materials’’ (§§ 319.69 through 319.69–

5). Each of those subparts contains a list

of countries that is intended to agree

with the list of countries found in

§ 319.59–2 of the regulations. However,

after the lists in those two subparts were

established, they were not updated to

reflect subsequent amendments to

‘‘Subpart—Wheat Diseases.’’ Therefore,

we would amend § 319.8–10(d) and

§ 319.69(b)(1) to remove the inaccurate

lists of countries and replace them with

a reference to § 319.59–2 of the

regulations, where the updated lists of

countries and localities considered

affected with foreign strains of flag smut

and Karnal bunt are located.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be significant

for the purposes of Executive Order

12866 and, therefore, has been reviewed

by the Office of Management and

Budget.

This proposed rule would amend the

wheat diseases regulations by

recognizing a wheat-growing area

within the Mexicali Valley of Mexico as

being free from the wheat disease Karnal

bunt. This proposed change is based on

surveys conducted by Mexican plant

health authorities in that area of the

Mexicali Valley since 1990 that have

shown the area to be free from Karnal

bunt, and on the enforcement by

Mexican authorities of restrictions

designed to protect the area from the

introduction of Karnal bunt. This

proposed change would have the effect

of removing certain restrictions on the

importation into the United States of

wheat seed, straw, and other wheat

products from the Karnal bunt free area

of the Mexicali Valley.

This proposed rule would primarily

affect wheat growers in the United

States. There were 292,464 farms

growing wheat in the United States in

1992, and 96 percent of those farms

would be considered small entities.

(According to the standard set by the

Small Business Administration for

agricultural producers, a producer with

less than $0.5 million annually in sales

qualifies as a small entity.) We have,

therefore, examined the potential

economic impact of the proposed action

on small entities, as required by the

Regulatory Flexibility Act, and in doing

so, have assessed the anticipated costs

and benefits of the proposed action, as

required by Executive Order 12866.

The United States produced an

average of 2,330 million bushels of

wheat per year between 1992 and 1996.

Of this amount, hard red winter wheat

(grown primarily in Kansas, Oklahoma,

and Texas) accounted for about 39

percent of production; hard red spring

wheat (grown primarily in North

Dakota, Minnesota, and Montana)

accounted for about 24 percent of

production; soft red winter wheat

(grown primarily in Missouri, Illinois,

and Ohio) accounted for about 19

percent of production; white wheat

(grown primarily in Washington and

Oregon) accounted for about 14 percent
3846 Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules

of production; and durum wheat (grown

primarily in North Dakota, Arizona,

California, and Montana) accounted for

about 4 percent of production.

The United States is a net exporter of

wheat, accounting for about 11.4

percent of world wheat production and

approximately 32 percent of world

wheat exports. Of the average 2,330

million bushels of wheat produced per

year between 1992 and 1996, an average

of 51 percent of that wheat was exported

from the United States, while wheat

imports have accounted for less than 1

percent of the total U.S. wheat supply

in recent years.

Mexico produced an average of about

137 million bushels of wheat per year

between 1994 and 1996, most of which

was grown in the States of Baja

California, Guanajuato, Sinaloa, and

Sonora. Mexico is a net importer of

wheat, having imported in 1996 an

amount of wheat equal to about 53

percent of production while exporting

less than 4 percent of production;

imports made up about 35 percent of

Mexico’s total wheat supply in 1996.

The Mexicali Valley, from which

wheat could be exported to the United

States under this proposed rule, is

located in two of Mexico’s leading

wheat-producing States, Baja California

and Sonora. The Mexicali Valley

produced 445,967 metric tons of wheat

in 1995; about 53 percent (236,171

metric tons) of that wheat was shipped

to markets elsewhere in Mexico. Nearly

all of the Mexicali Valley’s wheat is

sown in October and November and

harvested from late May to early July.

Table 1 below shows the classes of

wheat grown in the Mexicali Valley

between 1994 and 1996 and the average

production share and use distribution of

each class.

TABLE 1.—WHEAT CLASS, PRODUCTION SHARE, AND USE DISTRIBUTION OF MEXICALI VALLEY WHEAT; 1994–1996

AVERAGES

Wheat class

Production

share (percent)

Use distribution (percent)

Food Feed Seed Other

Hard Red Winter ....................................................................................... 61.3 65.0 25.0 3.2 6.8

White ......................................................................................................... 36.2 61.5 24.6 2.6 11.3

Durum ....................................................................................................... 2.2 38.5 2.1 58.8 0.6

Soft Red Winter ........................................................................................ 0.3 33.2 13.9 36.0 16.9

Between 1994 and 1997, producers in

the Mexicali Valley shipped an average

of 9 million bushels each year to other

markets in Mexico; we have used that

amount in Table 2, below, as an

estimate of the total amount of wheat

potentially available for export to U.S.

markets. Table 2 summarizes the

estimated economic impacts in the

United States, based on a price elasticity

of ¥0.63, of different levels of wheat

exports from the Mexicali Valley and

from the estimated producer losses and

consumer gains that would result. For

example, a 20 percent diversion of

Mexicali Valley wheat production from

markets in other countries or the

domestic Mexican market to the United

States would be expected to result in a

price decrease of 0.09 percent in the

United States. U.S. producers would

lose about $5.92 million (which, when

distributed among the 292,464 wheat

farms noted above, amounts to about

$20.25 per farm), while consumers

would gain about the same amount, for

a net benefit in this scenario of about

$3,000. At the other end of the

spectrum, a 100 percent diversion of

Mexicali Valley wheat production from

other markets to the United States

would be expected to result in a price

decrease of 0.45 percent in the United

States. U.S. wheat producers would lose

about $29.56 million (or about $101.00

per farm), while consumers would gain

about $29.64 million, for a net benefit in

this scenario of about $74,500. In all

cases, consumer gains slightly outweigh

producer losses.

TABLE 2.—POTENTIAL IMPACT IN THE UNITED STATES OF THE REDIRECTION OF MEXICALI VALLEY WHEAT TO U.S.

MARKETS (PRICE ELASTICITY IS ¥0.63)

Percentage of Mexicali Valley-origin wheat shipments diverted from other

(domestic or export) markets to the U.S. market:

20 40 60 80 100

Imports (millions of bushels) ........................................................... 1.8 3.6 5.4 7.2 9.0

Percent change in price .................................................................. (0.09) (0.17) (0.27) (0.36) (0.45)

Percent change in quantity ............................................................. (0.04) (0.08) (0.13) (0.17) (0.22)

Decrease in producer surplus (millions of dollars) ......................... (5.92) (11.83) (17.75) (23.66) (29.56)

Increase in consumer surplus (millions of dollars) ......................... 5.92 11.84 17.77 23.70 29.64

Total surplus (millions of dollars) .................................................... 0.003 0.0119 0.0268 0.0477 0.0745

How likely even a 20 percent

diversion of Mexicali Valley wheat to

the U.S. market would be, however, is

unclear. The production area of the

Mexicali Valley is closer to markets in

the United States than it is to markets

in central Mexico, which means that

lower transportation costs may

encourage Mexicali Valley producers to

ship their wheat to the United States.

However, the Mexican government is

considering a transportation subsidy for

growers in northwestern Mexico to

offset the transportation advantage that

growers in central Mexico have in

marketing their crops in Mexico City.

Such a subsidy may encourage Mexicali

Valley producers to sell their wheat in

Mexico.

Prices for Mexicali Valley wheat may

well prove to be a determining factor

with regard to the level of potential

exports, as the costs of production in the

Mexicali Valley are much higher than

U.S. production costs. The cost of

Mexicali Valley wheat averaged
Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules 3847

between $2.47 and $3.54 per bushel,

with total economic costs (which

include fertilizers, irrigation, harvest

costs, interest on credit, etc.) ranging

between $227.60 to $247.50 per acre.

The cost of wheat grown in the United

States, on the other hand, averaged

$2.47 per bushel, with total economic

costs averaging $155 per acre. With its

higher production costs and the added

cost of transportation across the border

into the United States, it may prove

difficult for Mexicali Valley wheat to

compete in the U.S. market.

The actual extent of any decrease in

wheat prices in the United States

resulting from action proposed in this

document would depend to a great

degree upon the size of the price

elasticity of demand, the magnitude of

the change in supply, and the size of the

baseline price. For lower price

elasticities, both losses and gains would

be higher. We expect that the amount of

wheat exported from the Mexicali

Valley would not be large and would

not, therefore, change wheat production

and consumption patterns in the United

States. Further, the increase in wheat

supplies in the United States from an

increase in imports from Mexico would

likely be offset to some extent by an

increase in exports of wheat from the

United States to Mexico. Nevertheless,

allowing the importation of wheat from

the Mexicali Valley would likely have a

net positive impact on the overall

economy, since consumer benefits at

any level of imports would be slightly

higher than producer losses.

The only significant alternative to this

proposed rule would be to make no

changes in the wheat diseases

regulations, i.e., to continue to prohibit

the importation of wheat and wheat

products from Mexico. We have rejected

that alternative because we believe that

Mexico has demonstrated that the

wheat-growing areas of the Mexicali

Valley are free from Karnal bunt, which

means that there is no longer any

biological justification for that area of

Mexico to be listed with the countries

and localities considered to be affected

with Karnal bunt. Maintaining a

prohibition on the importation of wheat

and wheat products from the Mexicali

Valley in light of that area’s

demonstrated freedom from Karnal bunt

would run counter to the United States’

obligations under international trade

agreements and would likely be

challenged through the World Trade

Organization. Conversely, our proposal

to declare the wheat-growing areas of

the Mexicali Valley free from Karnal

bunt would likely have a beneficial

effect on international trade in general,

and trade between the United States and

Mexico in particular, by reaffirming the

United States’ continuing commitment

to using scientifically valid principles as

the basis for regulation.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection or recordkeeping

requirements included in this proposed

rule have been submitted for approval to

the Office of Management and Budget

(OMB). Please send written comments

to the Office of Information and

Regulatory Affairs, OMB, Attention:

Desk Officer for APHIS, Washington, DC

20503. Please state that your comments

refer to Docket No. 97–060–1. Please

send a copy of your comments to: (1)

Docket No. 97–060–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238,

and (2) Clearance Officer, OIRM, USDA,

room 404–W, 14th Street and

Independence Avenue SW.,

Washington, DC 20250. A comment to

OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication of this proposed rule.

This proposed rule would amend the

wheat diseases regulations by

recognizing a wheat-growing area

within the Mexicali Valley of Mexico as

being free from the wheat disease Karnal

bunt. This proposed change would have

the effect of removing certain

restrictions on the importation into the

United States of wheat seed, straw, and

other wheat products from the Karnal

bunt free area of the Mexicali Valley.

Because the remainder of Mexico is

still considered to be affected with

Karnal bunt, we would require that a

phytosanitary certificate accompany

wheat and other wheat-related articles

offered for entry from the Karnal bunt

free area of the Mexicali Valley. That

certificate would have to be issued by

Mexican plant health authorities, and

would have to state that the wheat or

other articles had been grown in the

designated Karnal bunt free area of the

Mexicali Valley.

We are soliciting comments from the

public (as well as affected agencies)

concerning our proposed information

collection and recordkeeping

requirements. We need this outside

input to help us:

(1) Evaluate whether the proposed

information collection is necessary for

the proper performance of our agency’s

functions, including whether the

information will have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

information collection, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

information collection on those who are

to respond, (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses.)

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average 1.2 hours per

response.

Respondents: Mexican plant health

authorities, growers/exporters of wheat

products in the Mexicali Valley.

Estimated number of respondents: 20.

Estimated number of responses per

respondent: 5.

Estimated annual number of

responses: 100.

Estimated total annual burden on

respondents: 120 hours.

Copies of this information collection

can be obtained from Clearance Officer,

OIRM, USDA, room 404-W, 14th Street

and Independence Avenue SW.,

Washington, DC 20250.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery Stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

Accordingly, 7 CFR part 319 is

proposed to be amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

would continue to read as follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff,

151–167, 450, 2803, and 2809; 21 U.S.C. 136

and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
3848 Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules

§ 319.8–10 [Amended]

2. In Subpart—Foreign Cotton and

Covers, § 319.8–10(d) would be

amended by removing the words

‘‘§ 319.59 (notice of quarantine No. 59

relating to the flag smut disease)’’ and

adding the words ‘‘§ 319.59–2(a)(2)’’ in

their place, and footnote 5 and its

reference in the text would be removed.

§ 319.8–11 [Amended]

3. In Subpart—Foreign Cotton and

Covers, § 319.8–11(a) introductory text,

footnote 6 and its reference in the text

would be redesignated as footnote 5.

§ 319.8–17 [Amended]

4. In Subpart—Foreign Cotton and

Covers, § 319.8–17(d), footnote 7 and its

reference in the text would be

redesignated as footnote 6.

5. The authority citation for

‘‘Subpart—Wheat Diseases’’ would be

removed.

§ 319.59 [Amended]

6. In Subpart—Wheat Diseases,

§ 319.59 would be amended as follows:

a. In paragraph (a), in the first

sentence, the reference ‘‘§ 319.59–2(b)’’

would be removed and the reference

‘‘§ 319.59–2(c)’’ would be added in its

place.

b. In paragraph (a), in the last

sentence, the reference ‘‘§ 319.59–2(a)’’

would be removed and the reference

‘‘§ 319.59–2(a) and (b)’’ added in its

place, and the reference ‘‘§ 319.59–2(b)’’

would be removed and the reference

‘‘§ 319.59–2(c)’’ added in its place.

c. In paragraph (b), in the first

sentence, the words ‘‘abandoned by the

importer for destruction’’ would be

removed and the words ‘‘destroyed as

deemed necessary by an inspector at the

expense of the importer’’ would be

added in their place.

d. In paragraph (b), in the last

sentence, the words ‘‘abandoned for

destruction by’’ would be removed and

the words ‘‘destroyed as deemed

necessary by an inspector at the expense

of’’ would be added in their place.

7. In Subpart—Wheat Diseases,

§ 319.59–2 would be amended as

follows:

a. In the introductory text of

paragraph (a), the words ‘‘in paragraph

(b)’’ would be removed and the words

‘‘in paragraph (c)’’ added in their place.

b. In paragraph (a)(1)(i), the word

‘‘Triticums’’ would be removed and the

word ‘‘Triticum’’ added in its place.

c. Paragraph (a)(2) would be revised to

read as set forth below.

d. In paragraph (b)(2), the words

‘‘(except for that portion of the Mexicali

Valley described in paragraph (b)(3) of

this section),’’ would be added after the

word ‘‘Mexico’’.

e. A new paragraph (b)(3) would be

added to read as set forth below.

f. In paragraph (c)(2), the reference ‘‘7

CFR 319.37–14(b)’’ would be removed

and the reference ‘‘§ 319.37–14(b)’’

added in its place.

§ 319.59–2 Prohibited articles.

(a) * * *

(2) Afghanistan, Algeria, Armenia,

Australia, Azerbaijan, Bangladesh,

Belarus, Bulgaria, Chile, China, Cyprus,

Egypt, Estonia, Falkland Islands,

Georgia, Greece, Guatemala, Hungary,

India, Iran, Iraq, Israel, Italy, Japan,

Kazakstan, Kyrgyzstan, Latvia, Libya,

Lithuania, Moldova, Morocco, Nepal,

North Korea, Oman, Pakistan, Portugal,

Romania, Russia, Spain, Tajikistan,

Tanzania, Tunisia, Turkey,

Turkmenistan, South Africa, South

Korea, Ukraine, Uzbekistan, and

Venezuela.

(b) * * *

(3) The following area of the Mexicali

Valley in Mexico has been determined

to be free from Karnal Bunt: Those

portions of the municipality of Mexicali,

in the State of Baja California, and the

municipality of San Luis Rio Colorado,

in the State of Sonora, that are included

in the Distrito de Desarrollo Rural (Rural

Development District) 002 Rio Colorado.

Except for wheat (Triticum spp.) plants,

which are prohibited importation under

§ 319.37–2(a), any articles described in

paragraph (b)(1) of this section that are

from that designated area may be

imported into the United States subject

to the following conditions:

(i) The articles are offered for entry at

the port of Calexico, CA; and

(ii) The articles offered for entry are

made available for examination by an

inspector and remain at the port until

released, or authorized further

movement pending release, by an

inspector; and

(iii) The articles are accompanied by

a phytosanitary certificate issued by the

Mexican national plant protection

organization that certifies that the

articles are from the area of the Mexicali

Valley described in this paragraph and

remained within that area prior to and

during their movement to the United

States.

* * * * *

8. In Subpart—Packing Materials,

§ 319.69(b)(1) would be revised to read

as follows:

§ 319.69 Notice of quarantine.

* * * * *

(b) * * *

(1) Cereal straw, hulls, and chaff (such

as oats, barley, and rye) from all

countries, except rice straw, hulls, and

chaff, which are prohibited importation

from all countries by paragraph (a)(1) of

this section, and except wheat straw,

hulls, and chaff, which are restricted

importation by § 319.59 from any

country or locality listed in § 319.59–2.

* * * * *

Done in Washington, DC, this 21st day of

January 1998.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 98–1808 Filed 1–26–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[FV–97–705RO]

Mushroom Promotion, Research, and

Consumer Information Order;

Referendum Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Referendum order.

SUMMARY: This action gives notice that

a referendum will be conducted to

determine whether mushroom

producers and importers favor

continuance of the Mushroom

Promotion, Research, and Consumer

Information Order (Order). In order to

continue, the Order must be approved

by a majority of producers and

importers voting in the referendum and

that majority must represent more than

50 percent of the mushrooms produced

and imported by those voting in the

referendum. This action announces the

voting period, representative period,

and agents.

DATES: The referendum will be

conducted by mail ballot from February

24 through March 13, 1998. Faxed

ballots will be accepted. The

representative period for establishing

voter eligibility shall be the period from

July 1, 1996, through June 30, 1997.

ADDRESSES: Copies of the Mushroom

Promotion, Research, and Consumer

Information Order may be obtained

from: Referendum Agent, Research and

Promotion Branch, Fruit and Vegetable

Programs, AMS, USDA, 1400

Independence Avenue, Room 2535-S,

Stop Code 0244, Washington, DC

20090–6456, telephone number (888)

720–9917, fax (202) 205–2800.

FOR FURTHER INFORMATION CONTACT:

Stacey L. Bryson, Research and

Promotion Branch, Fruit and Vegetable

Programs, AMS, USDA, 1400

Independence Avenue, Room 2535-S,