Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35107

Durum or Hard red winter) for the

period between May 1 and June 30,

1996; or, $3.60 per bushel.

(4) To claim compensation. To claim

compensation, a grower or handler must

complete and submit to an inspector

whichever of the following three forms

are applicable, as determined by the

inspector: ASCS Form 574, ASCS Form

578, and FCI Form 73. The forms will

be furnished by USDA. Growers must

also submit a copy of the contract the

grower has for the wheat, if the wheat

was under contract; handlers must also

submit a copy of the contract the

handler had with the grower for the

wheat, if the wheat was under contract.

Finally, a grower or handler must

submit a copy of the receipt for the final

sale of the wheat, showing the intended

use for which the wheat was sold.

(c) Nonpropagative wheat that is not

sold. If a grower or handler of

nonpropagative wheat in the

quarantined area is not able to or elects

not to sell their wheat, they will be

eligible to receive compensation at the

rate of $2.50 per bushel. Compensation

will only be paid if the grower or

handler has destroyed the wheat by

burying it in a sanitary landfill. To

claim compensation, the grower or

handler must complete and submit to an

inspector whichever of the following

three forms are applicable, as

determined by the inspector: ASCS

Form 574, ASCS From 578, and FCI

Form 73. The forms will be furnished by

USDA. In addition, the grower or

handler must submit a receipt from the

sanitary landfill verifying how much

wheat was buried.

(d) Decontamination of grain storage

facilities. Owners of grain storage

facilities that have been decontaminated

pursuant to an Emergency Action

Notification (PPQ Form 523) issued by

an inspector are eligible to be

compensated, on a one time only basis,

for up to 50 percent of the cost of

decontamination. However,

compensation will not exceed $20,000

per premise (as defined in § 301.89–1).

Compensation is limited to the direct

costs of decontaminating facilities.

General clean-up, repair, and

refurbishment costs are excluded from

compensation. To claim compensation,

the owner of the grain storage facility

must submit to an inspector records

demonstrating that decontamination

was performed on all structures,

conveyances, or materials ordered to be

decontaminated by the Emergency

Action Notification on the facility

premise. The records must include a

copy of the Emergency Action

Notification, contracts with individuals

or companies hired to perform the

decontamination, receipts for

equipment and materials purchased to

perform the decontamination, time

sheets for employees of the grain storage

facility who performed activities

connected to the decontamination, and

any other documentation that helps

show decontamination has been

completed.

(e) Flour millers. Flour millers who, in

accordance with a compliance

agreement with APHIS, heat-treat

millfeed made from wheat produced in

the quarantined area are eligible to be

compensated at the rate of $35.00 per

short ton of millfeed. The amount of

millfeed compensated will be calculated

by multiplying the weight of wheat from

the quarantined area received by the

miller by 25 percent (the average

percent of millfeed derived from a short

ton of grain). To claim compensation,

the miller must submit to an inspector

a copy of the limited permit under

which the wheat was moved to the mill

and a copy of the bill of lading for the

wheat (showing the weight of the wheat

in short tons). Flour millers must also

submit verification that the millfeed was

heat treated, in the form of a copy of the

limited permit under which the wheat

was moved to a treatment facility and a

copy of the bill of lading accompanying

that movement.

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16999 Filed 7–3–96; 8:45 am]

BILLING CODE 3410–34–P

7 CFR Part 301

[Docket No. 96–016–6]

Karnal Bunt; Removal of Quarantined

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 removing areas in

Arizona, New Mexico, and Texas from

the list of areas quarantined because of

infestations of Karnal bunt. This action

is necessary to relieve restrictions on the

areas of Arizona, New Mexico, and

Texas that do not produce wheat,

durum wheat, or triticale or that do

produce wheat but we have been able to

determine that they have no association

with Karnal bunt contaminated seed.

The interstate movement of regulated

articles from these areas does not

present a risk of spreading Karnal bunt.

DATES: Interim rule effective June 27,

1996. Consideration will be given only

to comments received on or before

September 3, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–016–6, 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. 96–016–6. 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.

Michael B. Stefan, Operations Officer,

Domestic and Emergency Operations,

PPQ, APHIS, 4700 River Road, Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail:

mstefan@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Karnal bunt is a serious fungal disease

of wheat (Triticum aestivum), durum

wheat (Triticum durum), and triticale

(Triticum aestivum X Seale cereals), a

hybrid of wheat and rye. The disease is

caused by the smut fungus Tilletia

indica (Mitra) Mundkur and is spread

by spores. Karnal bunt is a serious

disease that affects both yield and grain

quality. It adversely affects the color,

odor, and palatability of flour and other

foodstuffs made from affected grain.

Grain containing any amount of bunted

kernels is reduced in quality. Karnal

bunt does not present a risk to human

health.

On March 20, 1996, the Secretary of

Agriculture signed a ‘‘Declaration of

Extraordinary Emergency’’ authorizing

the Secretary to take emergency action

under 7 U.S.C. 150dd with regard to

Karnal bunt within the States of

Arizona, New Mexico, and Texas. The

‘‘Declaration of Extraordinary

Emergency’’ was published in the

Federal Register on March 25, 1996 (61

FR 12058, Docket No. 96–016–1). On

March 26, 1996, the Secretary of

Agriculture signed a ‘‘Declaration of

Emergency’’ authorizing the transfer and

use of funds within the Department for

a program to control Karnal bunt

wherever it may be found in the United

States. The ‘‘Declaration of Emergency’’

was published in the Federal Register

on March 29, 1996 (61 FR 14046, Docket

No. 96–016–2).
35108 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

In an interim rule effective March 25,

1996, and published in the Federal

Register March 28, 1996 (61 FR 13649–

13655, Docket No. 96–016–3), we

established the Karnal bunt regulations

(7 CFR 301.89–1 through 301.89–11)

and quarantined the State of Arizona

and a total of six counties in the States

of New Mexico and Texas. The

regulations impose restrictions on the

interstate movement of regulated

articles from quarantined areas in order

to prevent the artificial spread of Karnal

bunt to noninfested areas of the United

States.

On April 12, 1996, the Secretary of

Agriculture signed a ‘‘Declaration of

Extraordinary Emergency’’ authorizing

the Secretary to take emergency action

under 7 U.S.C. 150dd with regard to

Karnal bunt within the State of

California. The ‘‘Declaration of

Extraordinary Emergency’’ was

published in the Federal Register on

April 18, 1996 (61 FR 16895–16896,

Docket No. 96–016–4).

In an interim rule effective April 19,

1996, and published in the Federal

Register on April 25, 1996 (61 FR

18233–18235, Docket No. 93–016–5) we

amended the regulations by adding

Imperial County, CA, and a portion of

Riverside County, CA, to the list of areas

quarantined because of infestations of

Karnal bunt. We also added Tilletia

indica (Mitra) Mundkur, the organism

that causes Karnal bunt, to the list of

restricted articles.

Removal of Quarantined Areas

Section 301.89–3(e) of the regulations

lists those States or portions of States

that are quarantined because of Karnal

bunt. We are amending § 301.89–3(e) by

removing the following portions of the

States of Arizona, New Mexico, and

Texas from the list of quarantined areas:

Yavapai County, Coconino County,

Navajo County, Apache County, Gila

County, Greenlee County, and Santa

Cruz County, AZ; portions of Mohave

County and Pima County, AZ; portions

of Hidalgo County, Luna County, and

Sierra County, NM; and a portion of

Hudspeth County, TX. These areas do

not produce wheat, durum wheat, or

triticale, or do produce wheat but we

have been able to determine that they

have no association with Karnal bunt

contaminated seed, and, therefore, do

not present a risk of being, or becoming,

infested with Karnal bunt. The

remainder of the counties in the State of

Arizona, Dona Ana County, NM, and El

Paso County, TX, will remain under

quarantine because of infestations of

Karnal bunt.

The area of Mohave County, AZ, that

will remain under quarantine is that

portion of the county bounded as

follows: Beginning at the intersection of

Arizona/Nevada State line and State

Route 68; then east along State Route 68

to U.S. Highway 93; then southeast

along U.S. Highway 93 to Interstate 40;

then south along Interstate 40 to the

Arizona/California State line; then north

along the State line to the point of

beginning.

The area of Pima County, AZ, that

will remain under quarantine is that

portion of the county bounded as

follows: Beginning at the intersection of

the Pima County line, the Pinal County

line, and the Papago Indian Reservation

boundary; then east along the Pima

County line to its easternmost point;

then south along the Pima County line

to the Cochise and Santa Cruz County

lines; then west along the Pima County

line to the United States/Mexico

boundary; then west along the United

States/Mexico boundary to the Papago

Indian Reservation boundary; then

north along the Papago Indian

Reservation boundary to the point of

beginning.

The area of Hidalgo County, NM, that

will remain under quarantine is that

portion of the county bounded as

follows: Beginning at the intersection of

the Arizona/New Mexico State line and

Interstate 10; then east along Interstate

10 to the Hidalgo/Grant County line;

then south and east along the Hidalgo

County line to the Luna County line;

then south along the Hidalgo County

line to its southernmost point; then west

and north along the Hidalgo county line

to point of beginning.

The area of Luna County, NM, that

will remain under quarantine is that

portion of the county bounded as

follows: Beginning at the intersection of

the Grant/Luna County line and

Interstate 10; then east along Interstate

10 to U.S. Highway 180; then north

along U.S. Highway 180 to State Route

26; then north along State Route 26 to

State Route 27; then northeast along

State Route 27 to the Luna/Sierra

County line; then east along the Luna

County line to the Dona County line;

then south along the Luna County line

to the United States/Mexico boundary;

then west along the United States/

Mexico boundary to the Hidalgo County

line; then north along the Luna County

line to the point of beginning.

The area of Sierra County, NM, that

will remain under quarantine is that

portion of the county bounded as

follows: Beginning at intersection of the

Luna/Sierra County line and State Route

27; then north along State Route 27 to

State Route 152; then east along State

Route 152 to Interstate 25; then north

along Interstate 25 to State Route 52;

then northwest along State Route 52 to

the Sierra/Socorro County line; then

east along the Sierra County line to the

Lincoln County line; then south along

the Sierra County line to the Dona Ana

County line; then west along the Sierra

County line to the point of beginning.

The area of Hudspeth County, TX,

that will remain under quarantine is

that portion of the county bounded as

follows: Beginning at the intersection of

the El Paso/Hudspeth County line and

U.S. Highway 62/U.S. Highway 180;

then east along U.S. Highway 62/U.S.

Highway 180 to County Road 1111; then

south along County Road 1111 to its

terminus; then west along an imaginary

line to the United States/Mexico

boundary; then northwest along the

United States/Mexico boundary to the

El Paso/Hudspeth County line; then

north along the El Paso/Hudspeth

County line to the point of beginning.

This action relieves unnecessary

regulatory restrictions on the public

while continuing to prevent the

artificial spread of Karnal bunt into

noninfested areas of the United States.

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.

The areas affected by this document

were quarantined to prevent Karnal

bunt from spreading to noninfested

areas of the United States. Because

wheat, durum wheat, and triticale are

not grown in these areas or these areas

have no association with Karnal bunt

contaminated seed and because the

continued quarantined status of these

areas would impose unnecessary

regulatory restrictions on the public,

immediate action is warranted to relieve

restrictions.

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
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35109

has waived its review process required

by Executive Order 12866.

This action removes seven entire

counties in Arizona and portions of six

counties in Arizona, New Mexico, and

Texas from the list of areas quarantined

because of Karnal bunt. This situation

makes compliance with section 603 and

timely compliance with section 604 of

the Regulatory Flexibility Act (5 U.S.C.

603 and 604) impracticable. This rule

may have a significant economic impact

on a substantial number of small

entities. If we determine this is so, then

we will discuss the issues raised by

section 604 of the Regulatory Flexibility

Act in our Final Regulatory Flexibility

Act 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 required

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, 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

This rule contains no new

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, 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. 150bb, 150dd, 150ee,

150ff, 161, 162, and 164–167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In section 301.89–3, paragraph (e)

is amended by revising the entries for

Arizona, New Mexico, and Texas to read

as follows:

§ 301.89–3 Quarantined areas.

* * * * *

(e) * * *

Arizona

Cochise County. The entire county.

Graham County. The entire county.

LaPaz County. The entire county.

Maricopa County. The entire county.

Mohave County. Beginning at the

intersection of Arizona/Nevada State

line and State Route 68; then east along

State Route 68 to U.S. Highway 93; then

southeast along U.S. Highway 93 to

Interstate 40; then south along Interstate

40 to the Arizona/California State line;

then north along the State line to the

point of beginning.

Pima County. Beginning at the

intersection of the Pima County line, the

Pinal County line, and the Papago

Indian Reservation boundary; then east

along the Pima County line to its

easternmost point; then south along the

Pima County line to the Cochise and

Santa Cruz County lines; then west

along the Pima County line to the

United States/Mexico boundary; then

west along the United States/Mexico

boundary to the Papago Indian

Reservation boundary; then north along

the Papago Indian Reservation boundary

to the point of beginning.

Pinal County. The entire county.

Yuma County. The entire county.

* * * * *

New Mexico

Dona Ana County. The entire county.

Hidalgo County. Beginning at the

intersection of the Arizona/New Mexico

State line and Interstate 10; then east

along Interstate 10 to the Hidalgo/Grant

County line; then south and east along

the Hidalgo County line to the Luna

County line; then south along the

Hidalgo County line to its southernmost

point; then west and north along the

Hidalgo County line to point of

beginning.

Luna County. Beginning at the

intersection of the Grant/Luna County

line and Interstate 10; then east along

Interstate 10 to U.S. Highway 180; then

north along U.S. Highway 180 to State

Route 26; then north along State Route

26 to State Route 27; then northeast

along State Route 27 to the Luna/Sierra

County line; then east along the Luna

County line to the Dona County line;

then south along the Luna County line

to the United States/Mexico boundary;

then west along the United States/

Mexico boundary to the Hidalgo County

line; then north along the Luna County

line to the point of beginning.

Sierra County. Beginning at

intersection of the Luna/Sierra County

line and State Route 27; then north

along State Route 27 to State Route 152;

then east along State Route 152 to

Interstate 25; then north along Interstate

25 to State Route 52; then northwest

along State Route 52 to the Sierra/

Socorro County line; then east along the

Sierra County line to the Lincoln

County line; then south along the Sierra

County line to the Dona County line;

then west along the Sierra County line

to the point of beginning.

Texas

El Paso County. The entire county.

Hudspeth County. Beginning at the

intersection of the El Paso/Hudspeth

County line and U.S. Highway 62/U.S.

Highway 180; then east along U.S.

Highway 62/U.S. Highway 180 to

County Road 1111; then south along

County Road 1111 to its terminus; then

west along an imaginary line to the

United States/Mexico boundary; then

northwest along the United States/

Mexico boundary to the El Paso/

Hudspeth County line; then north along

the El Paso/Hudspeth County line to the

point of beginning.

* * * * *

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16998 Filed 7–3–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 946

[Docket No. FV96–946–2FIR]

Irish Potatoes Grown in Washington;

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 that

established an assessment rate of the

State of Washington Potato Committee

(Committee) under Marketing Order 946

for the 1996–97 and subsequent fiscal

periods. The Committee is responsible

for local administration of the marketing

order which regulates the handling of

Irish potatoes grown in Washington.

Authorization to assess potato handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

EFFECTIVE DATE: Effective on July 1,

1996.

FOR FURTHER INFORMATION CONTACT:

Martha Sue Clark, Program Assistant,

Marketing Order Administration