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,
Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Proposed Rules 3849

Stop Code 0244, Washington, DC

20090–6456, telephone (202) 720–6930

or (888) 720–9917.

SUPPLEMENTARY INFORMATION: A

referendum will be conducted among

mushroom producers and importers to

determine whether the continuance of

the Mushroom Promotion, Research,

and Consumer Information Order

(Order) [7 CFR 1209] is favored by

persons voting in the referendum. The

Order is authorized under the

Mushroom Promotion, Research, and

Consumer Information Act (Act) [7

U.S.C. 6101–6112].

The representative period for

establishing voter eligibility for the

referendum shall be the period from

July 1, 1996, through June 30, 1997.

Paragraph (b)(2) of § 1926 of the Act

requires that the Order be approved by

a majority of producers and importers

voting in the referendum which

majority, on average, annually produces

and imports into the United States more

than 50 percent of mushrooms annually

produced and imported by all those

persons voting in the referendum. Only

mushroom producers and importers

who either produced or imported, on

average, over 500,000 pounds of

mushrooms annually during the

representative period will be eligible to

vote in the referendum. Persons who

have received an exemption from

assessment for the entire representative

period are ineligible to vote. The

referendum shall be conducted by mail

ballot from February 24 through March

13, 1998. Faxed ballots will be accepted.

Section 1926 of the Act provides that

the Secretary of Agriculture (Secretary)

shall conduct a referendum effective 5

years after the date on which the Order

became effective. The Order became

effective on January 8, 1993. The

referendum must be conducted among

mushroom producers and importers to

ascertain whether they favor

continuation, termination, or

suspension of the Order. Persons voting

in the referendum will certify their

eligibility to vote and will designate

their status either as a mushroom

producer or importer. Producers and

importers will be required to certify the

pounds of mushrooms they either

produced or imported during the

representative period.

The Order shall continue in effect if

it is approved by a simple majority of

producers and importers voting in the

referendum and that majority represents

more than 50 percent of the mushrooms

produced and imported by those voting

in the referendum. If the Secretary

determines that suspension or

termination of the Order is favored by

a majority of the producers and

importers voting in the referendum,

which majority, on average, annually

produces and imports into the United

States more than 50 percent of the

mushrooms annually produced and

imported by all those voting in the

referendum, the Secretary shall

terminate or suspend the collection of

assessments under the Order and

suspend or terminate activities under

the Order as soon as practicable.

In accordance with the Paperwork

Reduction Act of 1995 [Pub. L. 104–13],

the referendum ballot has been

approved by the Office of Management

and Budget (OMB) and has been

assigned OMB number 0581–0093.

There are approximately 138 eligible

voters. It will take an average of 15

minutes for each voter to read the voting

instructions and complete the

referendum ballot. The total burden on

the total number of voters will be 34.5

hours.

Referendum Order

It is hereby directed that a referendum

be conducted among mushroom

producers and importers to determine

whether they favor the continuance of

the Order. The representative period for

establishing voter eligibility for the

referendum shall be the period from

July 1, 1996, through June 30, 1997. A

referendum shall be conducted by mail

ballot from February 24 through March

13, 1998. Faxed ballots will be accepted.

By interim final rule, referendum

procedures were published in the

Federal Register on December 23, 1997

[62 FR 66973]. Comments concerning

the provisions of the rule must be

received by January 22, 1998. The

Procedure for the Conduct of Referenda

in Connection with the Mushroom

Promotion, Research, and Consumer

Information Order [7 CFR 1209.300–

1209.307] shall be used to conduct the

referendum. Ballots will be mailed to all

known mushroom producers and

importers on or before February 17,

1998. Eligible voters who do not receive

a ballot by mail may call the following

toll-free telephone number to receive a

ballot: 1 (888) 720–9917. All ballots will

be subject to verification. Ballots must

be received by the referendum agents by

mail or fax no later than March 13,

1998, to be counted.

Stacey L. Bryson and Martha B.

Ransom, Research and Promotion

Branch, Fruit and Vegetable Programs,

Agricultural Marketing Service, U.S.

Department of Agriculture, Room 2535–

S, Stop Code 0244, P.O. Box 96456,

Washington, D.C. 20090–6456, are

designated as the referendum agents of

the Secretary of Agriculture to conduct

the referendum.

Ballots to be cast in the referendum,

and any related material relevant to the

referendum, will be mailed by the

referendum agents to all known

mushroom producers and importers.

Only mushroom producers and

importers who either produced or

imported, on average, over 500,000

pounds of mushrooms annually during

the representative period will be eligible

to vote in the referendum. Persons who

have received an exemption from

assessment for the entire representative

period are ineligible to vote.

List of Subjects in 7 CFR Part 1209

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements,

Mushrooms, Reporting and

recordkeeping requirements.

Authority: 7 U.S.C. 6101–6112.

Dated: January 21, 1998.

Enrique E. Figueroa,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 98–1908 Filed 1–26–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 71

[Docket No. 97–099–1]

EIA; Handling Reactors at Livestock

Markets

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations pertaining to livestock

facilities under State or Federal

veterinary supervision to require that

any livestock facility accepting equines

classified as reactors to equine

infectious anemia must quarantine these

animals at all times at least 200 yards

from all equines that are not reactors to

this disease. Currently, livestock

facilities accepting reactors to equine

infectious anemia are required to

quarantine the reactors that will remain

at the facility for longer than 24 hours

at least 200 yards away from all other

animals. This proposed amendment

would help to prevent the interstate

spread of equine infectious anemia, a

contagious, vector-borne disease

affecting equines.