[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35107-35109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16998]


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DEPARTMENT OF AGRICULTURE
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.

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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: 
<a href="/cdn-cgi/l/email-protection#8ee3fdfaebe8efe0ceeffee6e7fda0fbfdeaefa0e9e1f8"><span class="__cf_email__" data-cfemail="29445a5d4c4f484769485941405a075c5a4d48074e465f">[email protected]</span></a>.

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).

[[Page 35108]]

    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 Sec. 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

[[Page 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:


Sec. 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


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