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[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Rules and Regulations]
[Pages 72081-72082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30100]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / 
Rules and Regulations

[[Page 72081]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2011-0074]

Karnal Bunt; Regulated Areas in California

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 to make changes to 
the list of areas or fields regulated because of Karnal bunt, a fungal 
disease of wheat. Specifically, we are removing areas and fields in 
Riverside County, CA, from the list of regulated areas based on our 
determination that those fields or areas meet our criteria for release 
from regulation. This action is necessary to relieve restrictions on 
certain areas that are no longer necessary.

DATES: This interim rule is effective November 22, 2011. We will 
consider all comments that we receive on or before January 23, 2012.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0074-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0074, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0074 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, Karnal Bunt 
Program Manager, Forest Pest and Plant Pathogen Programs, EDP, PPQ, 
APHIS, 4700 River Road Unit 26, Riverdale, MD 20737-1236; (301) 734-
7228.

SUPPLEMENTARY INFORMATION:

Background

    Karnal bunt is a fungal disease of wheat (Triticum aestivum L.), 
durum wheat (Triticum durum L.), and triticale (Triticum aestivum L. x 
Secale cereal L.), a hybrid of wheat and rye. Karnal bunt is caused by 
the fungus Tilletia indica (Mitra) Mundkur and is spread primarily 
through the planting of infected seed followed by very specific 
environmental conditions matched during specific stages of wheat 
growth. Some countries in the international wheat market regulate 
Karnal bunt as a fungal disease requiring quarantine; therefore, 
without measures taken by the United States Department of Agriculture 
(USDA), Animal and Plant Health Inspection Service (APHIS), to prevent 
its spread, the presence of Karnal bunt in the United States could have 
significant consequences with regard to the export of wheat to 
international markets.
    Upon detection of Karnal bunt in Arizona in March of 1996, Federal 
quarantine and emergency actions were imposed to prevent the interstate 
spread of the disease to other wheat-producing areas in the United 
States. The quarantine continues in effect, although it has since been 
modified, both in terms of its physical boundaries and in terms of its 
restrictions on the production and movement of regulated articles from 
regulated areas. The regulations regarding Karnal bunt are set forth in 
7 CFR 301.89-1 through 301.89-16 (referred to below as the 
regulations). Articles regulated for Karnal bunt are listed in Sec.  
301.89-2. Conditions for determining whether an area is regulated for 
Karnal bunt are set forth in Sec.  301.89-3.
    Under the regulations in Sec.  301.89-3(f), a field known to have 
been infected with Karnal bunt, as well as any noninfected acreage 
surrounding the field, will be released from regulation if:
     The field has been permanently removed from crop 
production; or
     The field is tilled at least once per year for a total of 
5 years (the years need not be consecutive). After tilling, the field 
may be planted with a crop or left fallow. If the field is planted with 
a host crop, the harvested grain must test negative, through the 
absence of bunted kernels, for Karnal bunt.
    In this interim rule, we are amending the list of quarantined areas 
in Sec.  301.89-3(g) by removing areas in Riverside County, CA, from 
the list of regulated areas, based on our determination that these 
fields or areas are eligible for release from regulation under the 
criteria in Sec.  301.89-3(f). Specifically, we are removing the 
remaining 17,827 acres from Riverside County, CA.
    This action relieves restrictions on fields within those areas that 
are no longer warranted. We note that with the removal of those fields 
in Riverside County, there are no longer any areas within the State of 
California that are quarantined because of Karnal bunt.

Immediate Action

    Immediate action is necessary to relieve restrictions on certain 
fields or areas that are no longer warranted. Under these 
circumstances, the Administrator has determined that prior notice and 
opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this action 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    This rule amends the Karnal bunt regulations by removing certain 
areas in California from quarantine based on

[[Page 72082]]

surveys that indicate these areas have met the criteria for release 
from regulation.
    We have prepared an economic analysis for this interim rule. The 
analysis, which considers the number and types of entities that are 
likely to be affected by this action and the potential economic effects 
on those entities, provides the basis for the Administrator's 
determination that the rule will not have a significant economic impact 
on a substantial number of small entities. The economic analysis may be 
viewed on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov). Copies of the economic 
analysis are also available from the person listed under FOR FURTHER 
INFORMATION CONTACT.

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 in conflict 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

    This interim rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

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

    Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.

    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501 A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).

0
2. In Sec.  301.89-3, paragraph (g) is amended by removing the entry 
for California.

    Done in Washington, DC, this 16th day of November 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-30100 Filed 11-21-11; 8:45 am]
BILLING CODE 3410-34-P
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