[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Pages 26774-26777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13051]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2009-0036]


Karnal Bunt; Regulated 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 to remove certain 
areas or fields in Riverside County, CA, from the list of regulated 
areas based on our determination that those areas or fields meet our 
criteria for release from regulation of Karnal bunt, a fungal disease 
of wheat. This action is needed to relieve restrictions on certain 
areas or fields that are no longer necessary.

DATES: This interim rule is effective June 4, 2009. We will consider 
all comments that we receive on or before August 3, 2009.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0036 to submit or view comments and 
to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0036, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0036.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, Karnal Bunt 
Program Manager, Plant Pathogen and Weed 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), durum 
wheat (Triticum durum), and triticale (Triticum aestivum X Secale 
cereale), 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 Animal and Plant Health Inspection Service (APHIS), United 
States Department of Agriculture, 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.

[[Page 26775]]

    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:
    <bullet> The field has been permanently removed from crop 
production; or
    <bullet> 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.
    The regulations in Sec.  301.89-3(g) describe the boundaries of the 
regulated areas in Arizona, California, and Texas. In this interim 
rule, we are amending Sec.  301.89-3(g) by removing certain areas or 
fields 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). In 
accordance with Sec.  301.89-3(f)(2), the eligible areas have been 
tilled at least once per year for a total of 5 years. After tilling, 
the fields were either planted with a crop or left fallow. For the 
fields that were planted with a host crop, the crop tested negative, 
through the absence of bunted kernels, for Karnal bunt. We are 
therefore adjusting the quarantined boundaries based on surveys that 
indicate the areas no longer meet the requirements for regulated areas.
    The area in Riverside County, CA, that will be removed from the 
list of regulated areas includes 286 fields and 8,226 acres. In 
California, 35,271 acres in Riverside County will remain regulated for 
Karnal bunt. The quarantine boundaries will remain the same in Texas 
and Arizona.

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary on certain areas or fields in Riverside County, CA, 
regulated for Karnal bunt. 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 rule has been reviewed under Executive Order 12866. 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 surveys that indicate 
these areas have met the criteria in Sec.  301.89-3(f) for being 
released from regulation. With this change, 286 fields representing 
8,226 acres in Riverside County, CA, will be removed from quarantine.
    Any wheat, durum wheat, or triticale grown in regulated fields 
cannot be moved into or through a non-regulated area without first 
being tested for bunted kernels. In addition, any wheat, durum wheat, 
or triticale grown in those fields cannot be used as seed within or 
outside a regulated area unless it is tested and found free of bunted 
kernels and spores. The regulations require that all conveyances, 
mechanized harvesting equipment, seed conditioning equipment, grain 
elevators, and structures used for storing and handling wheat, durum 
wheat, or triticale be cleaned by removing all soil and plant debris. 
If disinfection is required by an inspector in addition to cleaning, 
the articles must be disinfected by one of the methods specified in 
Sec.  301.89-12. Releasing the 286 fields from Karnal bunt regulations 
will relieve the owners and other related businesses of these movement 
restrictions for regulated articles. Access to domestic and 
international markets for affected producers may also be improved.
    Wheat producers will not be the only entities to benefit from this 
rule. Many independent operators of harvesting equipment and other 
service providers operating in the affected areas will benefit from the 
release of the fields from quarantine. Also, the reduction in regulated 
acreage will reduce the need for associated regulatory activities, such 
as surveying and testing.
    Although this rule will benefit wheat producers and other entities 
in the affected areas, overall effects are expected to be relatively 
small. There were about 81,033 farm operations, including wheat farms, 
in California in 2007.\1\ According to the 2007 Census of Agriculture, 
of these 81,033 farms, a total of 1,191 farms harvested wheat for grain 
in California (table 1). In 2007, California produced about 1.5 percent 
of wheat grown for grain in the United States.\2\ Statewide, a total of 
640,000 all-purpose acres were planted with wheat in 2007, with about 
345,000 acres harvested for grain and about 295,000 acres harvested for 
forage.\3\ In comparison, the 2007 Census of Agriculture reported only 
17 wheat farms located in Riverside County representing about 1.4 
percent of farms producing wheat in California. These 17 farms produced 
only slightly over 1 percent of California's wheat.\4\
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    \1\ USDA-NASS, Quick Stats: U.S. & All States Data-Farm Numbers, 
California Data: Farm Numbers by Economic Sales Classes. Washington, 
DC: National Agricultural Statistics Service.
    \2\ USDA-NASS, 2007 Census of Agriculture, Volume 1, Chapter 1: 
U.S. National Level Data, Table 3. Washington, DC: National 
Agricultural Statistics Service.
    \3\ Wheat is planted for forage, grain, or a combination of the 
two.
    \4\ USDA-NASS, 2007 Census of Agriculture, California County 
Data, Table 26. Washington, DC: National Agricultural Statistics 
Service.

            Table 1--County, State, and National Production Data for Wheat Harvested for Grain, 2007
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                                                          Wheat acres         Total wheat       Total value of
                                   Farms harvesting      harvested for        production       wheat production
                                    wheat for grain          grain             (bushels)           (dollars)
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Riverside County................                  17               6,759             337,839           1,720,000
Statewide.......................               1,191             345,000          30,224,394         155,566,000
United States...................             160,810          20,432,969       1,993,648,378      10,623,640,000
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Source: USDA-NASS, 2007 Census of Agriculture. Washington, DC: National Agricultural Statistics Service.


[[Page 26776]]

    The average yield per harvested acre for California in 2007 was 
85.4 bushels, while the average yield per harvested acre for Riverside 
County was 50 bushels.\5\ The average price for wheat in 2007 was $5.90 
per bushel. For 2007, the total value of production for wheat in 
California was over $155.6 million, compared to a total value of 
production for wheat in Riverside County of $1.72 million. The U.S. 
Small Business Administration's (SBA) small-entity standard for wheat 
farming is $750,000 or less in annual receipts.\6\ Based on the 2007 
Census of Agriculture, average annual sales per wheat farm in Riverside 
County was about $102,000, well below the SBA standard. Riverside 
County is primarily a producer of nursery products, specialty fruits 
and vegetables, and dates.\7\
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    \5\ USDA-NASS, California State Agriculture Overview--2007. 
Washington, DC: National Agricultural Statistics Service.
    \6\ Table of Size Standards based on NAICS 2002 [Wheat farming: 
NAICS code 111140]. Washington, DC: U.S. Small Business 
Administration, effective October 1, 2007.
    \7\ California Department of Food and Agriculture, California 
Agricultural Resource Directory 2008-2009, County Statistical Data. 
p. 39.
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    In sum, wheat production in the portion of Riverside County that 
will no longer be under quarantine for Karnal bunt comprises a small 
fraction of California's total wheat production; only four wheat 
producers will be released from the movement restrictions for regulated 
articles. Any benefits experienced by these producers and other 
affected entities will not impact U.S. wheat production or the price 
for wheat.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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 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 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.


0
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 under the heading 
``California'' by revising the entry for Riverside County to read as 
follows:


Sec.  301.89-3  Regulated areas.

* * * * *
    (g) * * *

California

    Riverside County. That portion of Riverside County known as the 
Palo Verde Valley (in part) bounded by a line drawn as follows: 
Beginning at Defrain Boulevard and West Hobsonway; then, east on West 
Hobsonway to South Lovekin Boulevard; then, south on South Lovekin 
Boulevard to West Rice Street; then, east on West Rice Street to South 
Commercial Street; then, northeast along an imaginary line to its 
intersection with Midway Place and West Rice Street; then, east on West 
Rice Street to South Spring Street; then, south on South Spring Street 
to Dekema Street; then, east on Dekema Street to South Broadway; then, 
south on South Broadway to Interstate 10; then, east on Interstate 10 
to South Intake Boulevard; then, south on South Intake Boulevard to 
14th Avenue; then, east along an imaginary line to its intersection 
with the D-10 Canal Levee at 33.603649 latitude and -114.562167 
longitude; then, south along the D-10 Canal Levee to Seeley Avenue; 
then, east on Seeley Avenue to the F Canal; then, south along the F 
Canal to its intersection with 33.568563 latitude and -114.551014 
longitude; then, west along an imaginary line to its intersection with 
33.568531 latitude and -114.552651 longitude; then, south along an 
imaginary line to 20th Avenue at 33.560219 latitude and -114.552415 
longitude; then, east on 20th Avenue to the D-10-11 Canal; then, 
southwest along the D-10-11 Canal to its intersection with 33.557494 
latitude and -114.552419 longitude; then, south along an imaginary line 
to its intersection with the F Canal at 33.545550 latitude and -
114.551826 longitude; then, east along the F Canal to its intersection 
with 33.545762 latitude and -114.544763 longitude; then, south along an 
imaginary line to its intersection with the boundary of Riverside 
County at 33.540900 latitude and -114.544620 longitude; then, southwest 
along the boundary of Riverside County to its intersection with 
33.455829 latitude and -114.623143 longitude; then, west along an 
imaginary line to its intersection with 33.455783 latitude and -
114.669038 longitude; then, north along an imaginary line to its 
intersection with the South End Drain at 33.456190 latitude and -
114.669076 longitude; then, north along the South End Drain to 34th 
Avenue; then west on 34th Avenue to its intersection with 33.463226 
latitude and -114.682378 longitude; then, north along an imaginary line 
to its intersection with the C-18-1 Canal at 33.470432 latitude and -
114.682384 latitude; then, west along the C-18-1 Canal to its 
intersection with 33.470427 latitude and -114.691076 longitude; then, 
north along an imaginary line to its intersection with an unnamed canal 
at 33.474836 and latitude and -114.691197 longitude; then, southwest 
along the unnamed canal to the shoreline of Palo Verde Lagoon; then, 
northeast along the shoreline of Palo Verde Lagoon to its intersection 
with Rannells Drain; then, north along Rannells Drain to its 
intersection with 33.499639 latitude and -114.691526 longitude; then, 
north along an imaginary line to its intersection with the C-03 Canal; 
then, north along the C-03 Canal to its intersection with 33.522835 
latitude and -114.687051 longitude; then, north along an imaginary line 
to its intersection with 24th Avenue at 33.530245 latitude and -
1114.687198 longitude; then, east on 24th Avenue to the C-03 Canal; 
then, north along the C-03 Canal to its intersection with 33.540956 
latitude and -114.682964 longitude; then, west along an imaginary line 
to its intersection with an unnamed canal at 33.540901 latitude and -
114.692066 longitude; then, north along the unnamed canal to 22nd 
Avenue; then,

[[Page 26777]]

east on 22nd Avenue to Keim Boulevard; then, north on Keim Boulevard to 
an unnamed canal at 33.564619 latitude and -114.691983 longitude; then, 
northeast along the unnamed canal to its intersection with the C-03 
Canal; then, north along the C-03 Canal to its intersection with 
33.573626 latitude and -114.683341 longitude; then, north along an 
imaginary line to its intersection with Rannells Drain at 33.580861 
latitude and -114.683545 longitude; then, east along Rannells Drain to 
its intersection with an unnamed drain at 33.581179 latitude and -
114.678880 longitude; then, north along the unnamed drain to its 
intersection with Seeley Avenue; then, east on Seeley Avenue to 
Stephenson Boulevard; then, north on Stephenson Boulevard to an unnamed 
drain at 33.595529 latitude and -114.674943 longitude; then, east along 
the unnamed drain to its intersection with 33.595448 latitude and -
114.666369 longitude; then, east along an imaginary line to its 
intersection with 15th Avenue and the West Side Drain; then, northeast 
along the West Side Drain to West 14th Avenue; then, east on West 14th 
Avenue to Arrowhead Boulevard; then, north on Arrowhead Boulevard to 
Interstate 10; then, east on Interstate 10 to Defrain Boulevard; then, 
north on Defrain Boulevard to the point of beginning.
* * * * *

    Done in Washington, DC, this 29th day of May 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-13051 Filed 6-3-09; 8:45 am]
BILLING CODE 3410-34-P