Karnal Bunt; Regulated Areas, 15553-15557 [05-6029]
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15553
Rules and Regulations
Federal Register
Vol. 70, No. 58
Monday, March 28, 2005
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
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. 04–118–1]
Karnal Bunt; Regulated Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
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. We are adding certain areas in La
Paz, Maricopa, and Pinal Counties, AZ,
and Riverside County, CA, to the list of
regulated areas either because they were
found during surveys to contain a
bunted wheat kernel, or because they
are within the 3-mile-wide buffer zone
around fields or areas affected with
Karnal bunt. We are also removing
certain areas or fields in Maricopa and
Pinal Counties, AZ, and Imperial
County, CA, from the list of regulated
areas based on our determination that
those fields or areas meet our criteria for
release from regulation. These actions
are necessary to prevent the spread of
Karnal bunt to noninfected areas of the
United States and to relieve restrictions
on certain areas that are no longer
necessary.
This interim rule is effective
March 28, 2005. We will consider all
comments that we receive on or before
May 27, 2005.
ADDRESSES: You may submit comments
by any of the following methods:
• EDOCKET: Go to https://
www.epa.gov/feddocket to submit or
view public comments, access the index
listing of the contents of the official
public docket, and to access those
DATES:
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documents in the public docket that are
available electronically. Once you have
entered EDOCKET, click on the ‘‘View
Open APHIS Dockets’’ link to locate this
document.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 04–118–1, Regulatory
Analysis and Development, PPD,
APHIS, Station 3C71, 4700 River Road
Unit 118, Riverdale, MD 20737–1238.
Please state that your comment refers to
Docket No. 04–118–1.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for locating this docket
and submitting comments.
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: You may view
APHIS documents published in the
Federal Register and related
information on the Internet at https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr.
Vedpal Malik, Agriculturalist, Invasive
Species and Pest Management, PPQ,
APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737–1236; (301) 734–
6774.
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 smut fungus Tilletia
indica (Mitra) Mundkur and is spread
primarily through the movement of
infected seed. 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
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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).
The regulations in § 301.89–3(e)
provide that we will classify a field or
area as a regulated area when it is:
• A field planted with seed from a lot
found to contain a bunted wheat kernel;
• A distinct definable area that
contains at least one field that was
found during survey to contain a bunted
wheat kernel. The distinct definable
area may include an area where Karnal
bunt is not known to exist but where
intensive surveys are required because
of the areas’s proximity to a field found
during survey to contain a bunted
kernel; or
• A distinct definable area that
contains at least one field that has been
determined to be associated with grain
at a handling facility containing a
bunted kernel of a host crop. The
distinct definable area may include an
area where Karnal bunt is not known to
exist but where intensive surveys are
required because of the area’s proximity
to the field associated with the bunted
kernel at the handling facility.
The boundaries of distinct definable
areas are determined using the criteria
in paragraphs (b) through (d) of
§ 301.89–3, which provide for the
regulation of less than an entire State,
the inclusion of noninfected acreage in
a regulated area, and the temporary
designation of nonregulated areas as
regulated areas. Paragraph (c) of
§ 301.89–3 states that the Administrator
may include noninfected acreage within
a regulated area due to its proximity to
an infestation or inseparability from the
infected locality for regulatory purposes,
as determined by:
• Projections of the spread of Karnal
bunt along the periphery of the
infestation;
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• The availability of natural habitats
and host materials within the
noninfected acreage that are suitable for
establishment and survival of Karnal
bunt; and
• The necessity of including
noninfected acreage within the
regulated area in order to establish
readily identifiable boundaries.
When we include noninfected acreage
in a regulated area for one or more of the
reasons previously listed, the
noninfected acreage, along with the rest
of the acreage in the regulated area, is
intensively surveyed. Negative results
from surveys of the noninfected acreage
provide assurance that all infected
acreage is within the regulated area. In
effect, the noninfected acreage serves as
a buffer zone between fields or areas
affected with Karnal bunt and areas
outside of the regulated area.
Under the regulations in § 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 is no longer being used for
crop production; or
• Each year for a period of 5
consecutive years, the field is subjected
to any one of the following management
practices (the practice used may vary
from year to year): (1) Planted with a
cultivated non-host crop, (2) tilled once
annually, or (3) planted with a host crop
that tests negative, through the absence
of bunted kernels, for Karnal bunt.
The regulations in § 301.89–3(g)
describe the boundaries of the regulated
areas in Arizona, California, and Texas.
In this interim rule, we are amending
§ 301.89–3(g) by removing certain areas
or fields in Maricopa and Pinal
Counties, AZ, and Imperial 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
§ 301.89–3(f). This action relieves
restrictions on fields within those areas
that are no longer warranted.
We are also adding certain areas in La
Paz, Maricopa, and Pinal Counties, AZ,
and Riverside County, CA, to the list of
regulated areas either because the fields
within those areas were found during
detection and delineating surveys to
contain a bunted wheat kernel, or
because the fields within those areas fall
within the 3-mile-wide buffer zone
around fields affected with Karnal bunt.
This action is necessary in order to help
prevent the spread of Karnal bunt into
noninfected areas of the United States.
Arizona
The list of regulated areas in Arizona
includes individual fields and other
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distinct, definable areas in La Paz,
Maricopa, and Pinal Counties. In this
interim rule, we are removing 1,912
acres (77 fields) in Pinal County and
11,520 acres (63 fields) in Maricopa
County from the list of regulated areas.
We are taking this action based upon
our determination that the fields or
areas have met one or more of the
criteria in § 301.89–3(f) of the
regulations.
We are also adding new regulated
areas in LaPaz, Maricopa, and Pinal
Counties, AZ, due to the detection of
bunted wheat kernels there or the
application of the 3-mile-wide buffer
zone around fields affected with Karnal
bunt. These additional areas in La Paz,
Maricopa, and Pinal Counties involve
approximately 278,453 acres (6,343
fields).
California
The list of regulated areas in
California includes areas in Imperial
and Riverside Counties. In this interim
rule, we are removing 3,241 acres (85
fields) in eastern Riverside County, and
4,470 acres (95 fields) in Imperial
County. We are taking this action based
upon our determination that the fields
or areas have met one or more of the
criteria in § 301.89–3(f). With this
action, there are no longer any regulated
areas in Imperial County.
We are also adding new regulated
areas in Riverside County, CA, due to
the detection of bunted wheat kernels
there or the application of the 3-milewide buffer zone around fields affected
with Karnal bunt. These additional
regulated areas in Riverside County
involve approximately 10,262 acres (186
fields).
Immediate Action
Immediate action is necessary to help
prevent Karnal bunt from spreading to
noninfected areas of the United States.
This rule will also 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.
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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.
We are removing certain fields in
Arizona and California from the list of
regulated areas. The areas to be
deregulated are located in Maricopa and
Pinal Counties, AZ, and Imperial and
Riverside Counties, CA. These fields are
being deregulated based on our
determination that they have met the
criteria in § 301.89–3(f) for being
released from regulation.
Additionally, we are adding certain
fields in La Paz, Maricopa, and Pinal
Counties, AZ, and Riverside County,
CA, to the list of regulated areas. These
areas are being added because they were
found during surveys to contain a
bunted wheat kernel, or because they
are within the 3-mile-wide buffer zone
around fields or areas affected with
Karnal bunt.
Deregulating certain areas in Arizona
and California will benefit producers in
these areas who wish to produce host
crops in the future. Deregulation will
allow producers to move wheat grain
and seed with no restrictions. Prior to
this rule, any wheat, durum wheat, or
triticale grown in those fields could be
moved into or through a non-regulated
area without restriction only if it first
tested negative for bunted kernels. In
addition, any wheat, durum wheat, or
triticale grown in those fields could not
be used as seed within or outside a
regulated area unless it was tested and
found free of bunted kernels and spores.
Thus, deregulation allows for freer
movement of grain and seed in those
areas that are affected by this aspect of
the interim rule.
The impact of this rule on individual
producers is not likely to be significant.
The elimination of restrictions will
increase marketing opportunities for
producers, with impacts on prices those
producers may set for their wheat,
durum wheat, or triticale. Producers
whose fields are deregulated may enjoy
increased market opportunities for any
wheat, durum wheat, or triticale they
grow in the future (e.g. the availability
of export markets). They may also
receive a higher commodity price for
their wheat, durum wheat, or triticale,
although any price changes would most
likely be small. This is due in part to the
perceived notion that wheat produced
in a regulated area is of lower quality.
Deregulation may remove this stigma.
Despite the increased ability to move
grain and seed, as well as a potential
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increase in the price received for wheat,
the benefits to individual producers are
not likely to be significant. There are
several reasons for this. First, grain in
regulated areas is tested for Karnal bunt
at no charge to the producer. Thus,
removing this testing requirement does
not translate into a cost savings for
producers, but merely eliminates an
inconvenience. Second, little to no
wheat seed will be grown in the affected
areas of Maricopa and Pinal Counties,
AZ, and Imperial and Riverside
Counties, CA. In 2003, seed demand
accounted for approximately 5.2 percent
of total domestic wheat production.
Given such a small percentage and the
small size of the area in question
relative to other wheat producing
regions, it is not expected that this
region will grow a significant amount of
wheat for seed. Thus, the benefits
associated with removing restrictions on
the movement of seed are expected to be
minimal in this area. Finally, as
mentioned previously, the areas affected
by the rule are very small players in the
overall wheat market. In 2003, Maricopa
and Pinal Counties accounted for only
0.07 and 0.14 percent of total U.S. wheat
production, respectively, while Imperial
and Riverside Counties accounted for
0.22 percent and 0.05 percent,
respectively, of total production.
Therefore, deregulation of these areas
would not influence the price of wheat
to a significant degree if at all.
Regulation of certain areas in La Paz,
Maricopa, and Pinal Counties, AZ, and
Riverside County, CA, is also unlikely to
have a profound effect on individual
producers. In this case, producers will
still be allowed to transport and market
their grain in non-regulated areas if it
tests negative for bunted kernels. As
stated above, this cost is borne by the
government and not by individual
producers, so producers are only
affected by the inconvenience of testing.
Further, little or no wheat seed is
expected to be produced in these areas,
so the restrictions on seed movement
should be negligible. Finally, although
producers may see a more limited
market for their product and face lower
prices, the influence of this wheat
producing area is small. In 2003, the
counties mentioned above together
accounted for only 0.3 percent of total
U.S. wheat production. Thus, any price
changes would be very small.
The Regulatory Flexibility Act
requires that agencies consider the
economic impact of rule changes on
small businesses, organizations, and
governmental jurisdictions. Those most
likely affected by this interim rule are
producers whose fields have been added
to the list of regulated areas.
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Additionally, those farmers whose fields
have been removed from the list of
regulated areas and plan to grow wheat
in the future will also be affected. The
number of producers likely to be
affected by this interim rule is not
expected to be large. Also, it is not
expected that the interim rule will have
a significant impact on the affected
producers. The reasons for this are
presented in the preceding paragraphs.
Producers affected by the interim rule
are likely to be small in size based on
the U.S. Small Business Administration
(SBA) standards for wheat farmers, with
supporting data from the 2002 Census of
Agriculture (2002 Census), which is the
most recent census available. The SBA
classifies wheat producers with total
annual sales of not more than $750,000
as small entities. According to 2002
Census data, there were a total of 7,294
farms in Arizona in 2002. Of this
number, 91 percent had annual sales in
2002 of less than $500,000, which is
well below the SBA’s small entity
threshold of $750,000 for wheat farms.
The percentage of farms with annual
sales of less than $500,000 in California
out of a total of 79,631 farms was 90
percent. Therefore, these findings, in
conjunction with those above,
demonstrate that although most of the
entities impacted by the rule are
expected to be small, the impact on
those entities is not expected to be
significant.
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
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15555
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.
I Accordingly, we are amending 7 CFR
part 301 as follows:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22,
2.80, and 371.3.
Section 301.75–15 also issued under Sec.
204, Title II, Pub. L. 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75–
16 also issued under Sec. 203, Title II, Pub.
L. 106–224, 114 Stat. 400 (7 U.S.C. 1421
note).
I 2. In § 301.89–3, paragraph (g) is
amended as follows:
I a. Under the heading ‘‘Arizona,’’ by
revising the entry for La Paz County to
read as set forth below.
I b. Under the heading ‘‘Arizona,’’ in the
entry for Maricopa County, by revising
paragraphs (1), (2), and (4) to read as set
forth below.
I c. Under the heading ‘‘Arizona,’’ by
revising the entry for Pinal County to
read as set forth below.
I d. Under the heading ‘‘California,’’ by
removing the entry for Imperial County
and revising the entry for Riverside
County to read as set forth below.
§ 301.89–3
*
Regulated areas.
*
*
(g) * * *
*
*
ARIZONA
La Paz County. Beginning at the northeast
corner of sec. 19, T. 8 N., R. 20 W.; then
south to the southeast corner of sec. 31, T.
7 N., R. 20 W.; then west to the northeast
corner of sec. 2, T. 6 N., R. 21 W.; then south
to the southeast corner of sec. 2, T. 6 N., R.
21 W.; then west to the southwest corner of
sec. 2, T. 6 N., R. 21 W.; then south to the
southeast corner of sec. 15, T. 6 N., R. 21 W.,
then west to the southwest corner of sec. 13,
T. 6 N., R. 22 W.; then north to the northwest
corner of sec. 24, T. 7 N., R. 22 W.; then east
to the northeast corner of sec. 24, T. 7 N., R.
22 W.; then north to the point of intersection
with the Colorado River; then northeast along
the Colorado River to its intersection with the
northern boundary of sec. 16, T. 8 N., R. 21
W.; then east to the northeast corner of sec.
14, T. 8 N., R. 21 W.; then south to the
southeast corner of sec. 14, T. 8 N., R. 21 W.;
then east to the point of beginning.
Maricopa County. (1) Beginning at the
southeast corner of sec. 20, T. 1S., R. 2 E.;
then west to the southwest corner of sec. 24,
T. 1 S., R. 1 E.; then north to the northwest
corner of sec. 24, T. 1 S., R. 1 E.; then west
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to the southwest corner of sec. 14, T. 1 S.,
R. 1 E.; then north to the northwest corner
of sec. 14, T. 1 S., R.1 E.; then west to the
southwest corner of sec. 9, T. 1 S., R. 1 E.;
then north to the northwest corner of sec. 9,
T. 1 S., R. 1 E.; then west to the southwest
corner of sec. 5, T. 1 S., R. 1 E.; then north
to the northwest corner of sec. 5, T. 1 S., R.
1 E.; then west to the northeast corner of sec.
6, T. 1 S., R. 1 W.; then south to the southeast
corner of sec. 7, T. 1 S., R. 1 W.; then west
to the northeast corner of sec. 14, T. 1 S., R.
2 W.; then south to the southeast corner of
sec. 14, T. 1 S., R. 2 W.; then west to the
northeast corner of sec. 20, T. 1 S., R. 2 W.;
then south to the southeast corner of sec. 20,
T. 1 S., R. 2 W.; then west to the northeast
corner of sec. 29, T. 1 S., R. 3 W.; then south
to the southeast corner of sec. 29, T. 1 S., R.
3 W.; then west to the southwest corner of
sec. 26, T. 1 S., R. 5 W.; then north to the
northwest corner of sec. 14, T. 1 N., R. 5 W.;
then east to the southwest corner of sec. 7,
T. 1 N., R. 2 W.; then north to the northwest
corner of sec. 7, T. 1 N., R, 2 W.; then east
to the northeast corner of sec. 7, T. 1 N., R.
2 W.; then north to the northwest corner of
sec. 5, T. 1 N., R, 2 W.; then east to the
northeast corner of sec. 5, T. 1 N., R. 2 W.;
then north to the northwest corner of sec. 28,
T. 2 N., R 2 W.; then east to the northeast
corner of sec. 28, T. 2 N., R. 2 W.; then north
to the northwest corner of sec. 3, T. 3 N., R.
2 W.; then east to the northeast corner of sec.
1, T. 3 N., R. 1 W.; then south to the
northwest corner of sec. 19, T. 3 N., R. 1 E.;
then east to the northeast corner of sec. 20,
T. 3 N., R. 1 E.; then south to the northeast
corner of sec. 29, T. 3 N., R. 1 E.; then east
to the northeast corner of sec. 27, 3 N., R. 1
E.; then south to the southeast corner of sec.
27, T. 3 N., R. 1 E.; then east to the northeast
corner of sec. 35, T. 3 N., R. 1 E.; then south
to the southeast corner of sec. 35, T. 3N., R.
1E.; then east to the northeast corner of sec.
1, T. 2 N., R. 1 E.; then south to the northeast
corner of sec. 1, T. 1 N., R. 1 E.; then east
to the northeast corner of sec. 4, T. 1 N., R.
2 E.; then south to the northwest corner of
sec. 15, T. 1 N., R. 2 E.; then east to the
northeast corner of sec. 15, T. 1 N., R. 2 E.;
then south to the southeast corner of sec. 27,
T. 1 N., R. 2 E.; then west to the southwest
corner of sec. 27, T. 1 N., R. 2 E.; then south
to the southwest corner of sec. 34, T. 1 N.,
R. 2 E.; then east to the northeast corner of
sec. 3, T. 1 S., R. 2 E.; then south to the
southeast corner of sec. 3, T. 1 S., R. 2 E.;
then west to the southwest corner of sec. 3,
T. 1 S., R. 2 E.; then south to the southeast
corner of sec. 16, T. 1 S., R. 2 E.; then west
to the southwest corner of sec. 16, T. 1 S.,
R. 2 E.; then south to the point of beginning.
(2) Beginning at the intersection of the
Maricopa/Pinal County line and the
southeast corner of sec. 36, T. 2 S., R. 7 E.;
then west along the Maricopa/Pinal County
line to the southwest corner of sec. 31, T. 2
S., R. 5 E.; then north to the southeast corner
of sec. 25, T. 2 S., R. 4 E.; then west to the
southwest corner of sec. 25, T. 2 S., R. 4 E.;
then north to the southwest corner of sec. 13,
T. 2 S., R. 4 E.; then west to the southwest
corner of sec. 15, T. 2 S., R. 4 E.; then north
to the northwest corner of sec. 3, T. 2 S., R.
4 E., then east to the southwest corner of sec.
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35, T. 1 S., R. 4 E.; then north to the
northwest corner of sec. 35, T. 1 S., R. 4 E.;
then east to the northeast corner of sec. 33,
T. 1 S., R. 5 E.; then north to the northwest
corner of sec. 22, T. 1 S., R. 5 E.; then east
to the northeast corner of sec. 19, T. 1 S., R.
6 E.; then north to the northwest corner of
sec. 8, T. 1 S., R. 6 E.; then east to the
southwest corner of sec. 3, T. 1 S., R. 6 E.;
then north to the northwest corner of sec. 3,
T. 1 S., R. 6 E; then east to the northeast
corner of sec. 2, T. 1 S., R. 6 E.; then south
to the southeast corner of sec. 2, T. 1 S., R.
6 E.; then east to the northeast corner of sec.
7, T. 1S., R. 7E.; then south to the northwest
corner of sec. 5, T. 2 S., R. 7 E.; then east to
the northeast corner of sec. 3, T. 2 S., R. 7
E.; then north to the northwest corner of sec.
35, T. 1 S., R. 7 E.; then east to the northeast
corner of sec. 36, T. 1 S, R. 7 E. and the
Maricopa/Pinal County line; then south along
the Maricopa/Pinal County line to the point
of beginning.
*
*
*
*
*
(4) Beginning at the southeast corner of sec.
36, T. 2 N., R. 5 E.; then west to the
southwest corner of sec. 31, T. 2 N., R. 5 E.;
then north to the northwest corner of sec. 7,
T. 2 N., R. 5 E.; then east to the northeast
corner of sec. 12, T. 2 N., R. 5 E.; then south
to the point of beginning.
Pinal County: (1) Beginning at the
intersection of the Maricopa/Pinal County
line and the northwest corner of sec. 31, T.
1 S., R. 8 E.; then east to the northeast corner
of sec. 32, T. 1 S., R. 8 E.; then south to the
northwest corner of sec. 4, T. 2 S., R. 8 E.;
then east to the northeast corner of sec. 4, T.
2 S., R. 8 E., then south to the southeast
corner of sec. 16, T. 2 S., R. 8 E.; then east
to the northeast corner of sec. 22, T. 2 S., R.
8 E.; then south to the southeast corner of
sec. 27, T. 2 S., R. 8 E.; then west to the
southeast corner of sec. 28, T. 2 S., R. 8 E.;
then south to the southeast corner of sec. 4,
T. 3 S., R. 8 E.; then west to the northeast
corner of sec. 8, T. 3 S., R. 8 E.; then south
to the southeast corner of sec. 8, T. 3 S., R.
8 E.; then west to the southwest corner of sec.
12, T. 3 S., R. 7 E.; then north to the southeast
corner of sec. 2, T. 3 S., R. 7 E.; then west
to the northeast corner of sec. 9, T. 3 S., R.
6 E.; then south to the southeast corner of
sec. 4, T. 4 S., R. 6 E.; then west to the
southwest corner of sec. 5, T. 4 S., R. 6 E.;
then north to the northwest corner of sec. 5,
T. 4 S., R. 6 E.; then west to the southwest
corner of sec. 34, T. 3 S., R. 5 E.; then north
to the northwest corner of sec. 10, T. 3 S.,
R. 5 E.; then west to the southwest corner of
sec. 6, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 6, T. 3 S., R. 5 E. and
the intersection of the Maricopa/Pinal
County line; then east along the Maricopa/
Pinal County line to the southeast corner of
sec. 36, T. 2 S., R. 7 E.; then north along the
Maricopa/Pinal County line to the point of
beginning.
(2) Beginning at the southeast corner of sec.
5, T. 6 S., R. 4 E.; then west to the southwest
corner of sec. 1, T. 6 S., R. 3 E.; then south
to the southeast corner of sec. 14, T. 6 S., R.
3 E.; then west to the southwest corner of sec.
14, T. 6 S., R. 3 E.; then south to the
southeast corner of sec. 22, T. 6 S., R. 3 E.;
then west to the southwest corner of sec. 19,
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Fmt 4700
Sfmt 4700
T. 6 S., R. 3 E.; then north to the southeast
corner of sec. 13, T. 6 S., R. 2 E.; then west
to the southwest corner of sec. 13, T. 6 S.,
R. 2 E.; then north to the southwest corner
of sec. 25, T. 5 S., R. 2 E.; then west to the
southwest corner of sec. 26, T. 5 S., R. 2 E.;
then north to the northwest corner of sec. 35,
T. 4 S., R. 2 E.; then east to the northeast
corner of sec. 35, T. 4 S., R. 2 E.; then north
to the northwest corner of sec. 25, T. 4 S.,
R. 2 E.; then east to the southwest corner of
sec. 20, T. 4 S., R. 3 E.; then north to the
northwest corner of sec. 20, T. 4 S., R. 3 E.;
then east to the northeast corner of sec. 24,
T. 4 S., R. 3 E.; then south to the northeast
corner of sec. 25, T. 4S., R. 3E.; then east to
the northeast corner of sec. 28, T. 4 S., R. 4
E.; then south to the northwest corner of sec.
34, T. 4 S., R. 4 E.; then east to the northeast
corner of sec. 35, T. 4 S., R. 4 E.; then south
to the northwest corner of sec. 1, T. 5 S., R.
4 E.; then east to the northeast corner of sec.
1, T. 5 S., R. 4 E.; then south to the southeast
corner of sec. 1, T. 5 S., R. 4 E.; then west
to the northeast corner of sec. 12, T. 5 S., R.
4 E.; then south to the southeast corner of
sec. 24, T. 5 S., R. 4 E.; then west to the
southwest corner of sec. 24, T. 5 S., R. 4 E.;
then south to the northeast corner of sec. 35,
T. 5 S., R. 4 E.; then west to the northwest
corner of sec. 35, T. 5 S., R. 4 E.; then south
to the southeast corner of sec. 37, T. 5 S., R.
4 E.; then west to the northwest corner of sec.
50, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 49, T. 6 S., R. 4 E.:
then west to the northeast corner of sec. 5,
T. 6 S., R. 4 E.; then south to the point of
beginning.
(3) The following individual fields in Pinal
County are regulated areas: 309021804,
309042601, 309050104, 309050109,
309050122, 309050209.
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 the intersection of Neighbours
Boulevard and West Hobson Way; then east
on West Hobson Way to Arrowhead
Boulevard; then north on Arrowhead
Boulevard to West 11th Avenue; then east on
West 11th Avenue to Defrain Boulevard; then
north on Defrain Boulevard to 10th Avenue;
then east on 10th Avenue to the southern
boundary line of secs. 23 and 24, T. 6 S., R.
23 E.; then east along that boundary line to
the California/Arizona State line; then south
along the State line to the southern boundary
line of secs. 25, 26, and 27, T. 8 S., R. 22 E.;
then west along that boundary line to 36th
Avenue; then west on 36th Avenue to
Stephenson Boulevard; then north on
Stephenson Boulevard to 34th Avenue; then
west on 34th Avenue to Keim Boulevard;
then north along an imaginary line to the
intersection of 28th Avenue and Keim
Boulevard; then north on Keim Boulevard to
its northernmost point; then from that point
northeast along an imaginary line to the
intersection of Stephenson Boulevard and
West 14th Avenue; then east along West 14th
Avenue to Neighbours Boulevard; then north
on Neighbours Boulevard to the point of
beginning.
*
E:\FR\FM\28MRR1.SGM
*
*
28MRR1
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*
Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
Done in Washington, DC, this 22nd day of
March 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–6029 Filed 3–25–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket No. FV04–985–2 IFR–A2]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Revision of the Salable
Quantity and Allotment Percentage for
Class 3 (Native) Spearmint Oil for the
2004–2005 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule further amends
prior interim final rules that increased
the quantity of Class 3 (Native)
spearmint oil produced in the Far West
that handlers may purchase from, or
handle for, producers during the 2004–
2005 marketing year. This rule increases
the Native spearmint oil salable quantity
by an additional 85,936 pounds from
1,267,562 pounds to 1,353,498 pounds,
and the allotment percentage by an
additional 4 percent from 59 percent to
63 percent. The Spearmint Oil
Administrative Committee (Committee),
the agency responsible for local
administration of the marketing order
for spearmint oil produced in the Far
West, unanimously recommended this
rule to avoid extreme fluctuations in
supplies and prices and to help
maintain stability in the Far West
spearmint oil market.
DATES: Effective June 1, 2004, through
May 31, 2005; comments received by
April 25, 2005, will be considered prior
to issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; E-mail:
moab.docketclerk@usda.gov; or Internet:
https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
VerDate jul<14>2003
15:00 Mar 25, 2005
Jkt 205001
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.ams.usda.gov/fv/moab.html.
FOR FURTHER INFORMATION CONTACT:
Susan M. Hiller, Northwest Marketing
Field Office, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1220
SW Third Avenue, Suite 385, Portland,
Oregon 97204; Telephone: (503) 326–
2724, Fax: (503) 326–7440; or George
Kelhart, Technical Advisor, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
985, as amended (7 CFR part 985),
regulating the handling of spearmint oil
produced in the Far West (Washington,
Idaho, Oregon, and designated parts of
Nevada and Utah), hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing USDA
would rule on the petition. The Act
provides that the district court of the
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
15557
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
The initial salable quantity and
allotment percentages for Scotch and
Native spearmint oils for the 2004–2005
marketing year were recommended by
the Committee at its October 8, 2003,
meeting. The Committee recommended
salable quantities of 766,880 pounds
and 773,474 pounds, and allotment
percentages of 40 percent and 36
percent, respectively, for Scotch and
Native spearmint oils. A proposed rule
was published in the Federal Register
on January 23, 2004 (69 FR 3272).
Comments on the proposed rule were
solicited from interested persons until
February 23, 2004. No comments were
received. Subsequently, a final rule
establishing the salable quantities and
allotment percentages for Scotch and
Native spearmint oils for the 2004–2005
marketing year was published in the
Federal Register on March 22, 2004 (69
FR 13213).
Pursuant to authority contained in
§§ 985.50, 985.51, and 985.52 of the
order, the Committee has made
unanimous Committee
recommendations to increase the
quantity of Native spearmint oil that
handlers may purchase from, or handle
for, producers during the 2004–2005
marketing year, which ends on May 31,
2005. An interim final rule was
published in the Federal Register on
October 21, 2004 (69 FR 61755), which
increased the salable quantity from
773,474 pounds to 1,095,689 pounds,
and the allotment percentage from 36
percent to 51 percent. Comments on the
interim final rule were solicited from
interested persons until December 20,
2004. No comments were received. In
addition, an amended interim final rule
was published in the Federal Register
on February 23, 2005 (70 FR 8712),
which further increased the salable
quantity by 171,873 pounds to
1,267,562 pounds, and the allotment
percentage by 8 percent to 59 percent.
Comments on the amended interim final
rule are being solicited from interested
persons through April 25, 2005.
This rule further amends the interim
final rule published on February 23,
2005, and is based on a unanimous
Committee recommendation made at a
meeting on February 23, 2005, to
increase the salable quantity an
additional 85,936 pounds from
1,267,562 pounds to 1,353,498 pounds,
and the allotment percentage an
E:\FR\FM\28MRR1.SGM
28MRR1
]]>Agencies
[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15553-15557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6029]
========================================================================
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.
========================================================================
Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules
and Regulations
[[Page 15553]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-118-1]
Karnal Bunt; Regulated Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
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. We are adding certain areas in La Paz, Maricopa, and
Pinal Counties, AZ, and Riverside County, CA, to the list of regulated
areas either because they were found during surveys to contain a bunted
wheat kernel, or because they are within the 3-mile-wide buffer zone
around fields or areas affected with Karnal bunt. We are also removing
certain areas or fields in Maricopa and Pinal Counties, AZ, and
Imperial County, CA, from the list of regulated areas based on our
determination that those fields or areas meet our criteria for release
from regulation. These actions are necessary to prevent the spread of
Karnal bunt to noninfected areas of the United States and to relieve
restrictions on certain areas that are no longer necessary.
DATES: This interim rule is effective March 28, 2005. We will consider
all comments that we receive on or before May 27, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to https://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-118-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-118-1.
Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
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: You may view APHIS documents published in the
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Agriculturalist,
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit
134, Riverdale, MD 20737-1236; (301) 734-6774.
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 smut
fungus Tilletia indica (Mitra) Mundkur and is spread primarily through
the movement of infected seed. 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).
The regulations in Sec. 301.89-3(e) provide that we will classify
a field or area as a regulated area when it is:
A field planted with seed from a lot found to contain a
bunted wheat kernel;
A distinct definable area that contains at least one field
that was found during survey to contain a bunted wheat kernel. The
distinct definable area may include an area where Karnal bunt is not
known to exist but where intensive surveys are required because of the
areas's proximity to a field found during survey to contain a bunted
kernel; or
A distinct definable area that contains at least one field
that has been determined to be associated with grain at a handling
facility containing a bunted kernel of a host crop. The distinct
definable area may include an area where Karnal bunt is not known to
exist but where intensive surveys are required because of the area's
proximity to the field associated with the bunted kernel at the
handling facility.
The boundaries of distinct definable areas are determined using the
criteria in paragraphs (b) through (d) of Sec. 301.89-3, which provide
for the regulation of less than an entire State, the inclusion of
noninfected acreage in a regulated area, and the temporary designation
of nonregulated areas as regulated areas. Paragraph (c) of Sec.
301.89-3 states that the Administrator may include noninfected acreage
within a regulated area due to its proximity to an infestation or
inseparability from the infected locality for regulatory purposes, as
determined by:
Projections of the spread of Karnal bunt along the
periphery of the infestation;
[[Page 15554]]
The availability of natural habitats and host materials
within the noninfected acreage that are suitable for establishment and
survival of Karnal bunt; and
The necessity of including noninfected acreage within the
regulated area in order to establish readily identifiable boundaries.
When we include noninfected acreage in a regulated area for one or
more of the reasons previously listed, the noninfected acreage, along
with the rest of the acreage in the regulated area, is intensively
surveyed. Negative results from surveys of the noninfected acreage
provide assurance that all infected acreage is within the regulated
area. In effect, the noninfected acreage serves as a buffer zone
between fields or areas affected with Karnal bunt and areas outside of
the regulated area.
Under the regulations in Sec. 301.89-3(f), a field known to have
been infected with Karnal bunt, as well as any non-infected acreage
surrounding the field, will be released from regulation if:
The field is no longer being used for crop production; or
Each year for a period of 5 consecutive years, the field
is subjected to any one of the following management practices (the
practice used may vary from year to year): (1) Planted with a
cultivated non-host crop, (2) tilled once annually, or (3) planted with
a host crop that tests 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 Maricopa and Pinal Counties, AZ, and Imperial 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). This action relieves restrictions on
fields within those areas that are no longer warranted.
We are also adding certain areas in La Paz, Maricopa, and Pinal
Counties, AZ, and Riverside County, CA, to the list of regulated areas
either because the fields within those areas were found during
detection and delineating surveys to contain a bunted wheat kernel, or
because the fields within those areas fall within the 3-mile-wide
buffer zone around fields affected with Karnal bunt. This action is
necessary in order to help prevent the spread of Karnal bunt into
noninfected areas of the United States.
Arizona
The list of regulated areas in Arizona includes individual fields
and other distinct, definable areas in La Paz, Maricopa, and Pinal
Counties. In this interim rule, we are removing 1,912 acres (77 fields)
in Pinal County and 11,520 acres (63 fields) in Maricopa County from
the list of regulated areas. We are taking this action based upon our
determination that the fields or areas have met one or more of the
criteria in Sec. 301.89-3(f) of the regulations.
We are also adding new regulated areas in LaPaz, Maricopa, and
Pinal Counties, AZ, due to the detection of bunted wheat kernels there
or the application of the 3-mile-wide buffer zone around fields
affected with Karnal bunt. These additional areas in La Paz, Maricopa,
and Pinal Counties involve approximately 278,453 acres (6,343 fields).
California
The list of regulated areas in California includes areas in
Imperial and Riverside Counties. In this interim rule, we are removing
3,241 acres (85 fields) in eastern Riverside County, and 4,470 acres
(95 fields) in Imperial County. We are taking this action based upon
our determination that the fields or areas have met one or more of the
criteria in Sec. 301.89-3(f). With this action, there are no longer
any regulated areas in Imperial County.
We are also adding new regulated areas in Riverside County, CA, due
to the detection of bunted wheat kernels there or the application of
the 3-mile-wide buffer zone around fields affected with Karnal bunt.
These additional regulated areas in Riverside County involve
approximately 10,262 acres (186 fields).
Immediate Action
Immediate action is necessary to help prevent Karnal bunt from
spreading to noninfected areas of the United States. This rule will
also 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 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.
We are removing certain fields in Arizona and California from the
list of regulated areas. The areas to be deregulated are located in
Maricopa and Pinal Counties, AZ, and Imperial and Riverside Counties,
CA. These fields are being deregulated based on our determination that
they have met the criteria in Sec. 301.89-3(f) for being released from
regulation.
Additionally, we are adding certain fields in La Paz, Maricopa, and
Pinal Counties, AZ, and Riverside County, CA, to the list of regulated
areas. These areas are being added because they were found during
surveys to contain a bunted wheat kernel, or because they are within
the 3-mile-wide buffer zone around fields or areas affected with Karnal
bunt.
Deregulating certain areas in Arizona and California will benefit
producers in these areas who wish to produce host crops in the future.
Deregulation will allow producers to move wheat grain and seed with no
restrictions. Prior to this rule, any wheat, durum wheat, or triticale
grown in those fields could be moved into or through a non-regulated
area without restriction only if it first tested negative for bunted
kernels. In addition, any wheat, durum wheat, or triticale grown in
those fields could not be used as seed within or outside a regulated
area unless it was tested and found free of bunted kernels and spores.
Thus, deregulation allows for freer movement of grain and seed in those
areas that are affected by this aspect of the interim rule.
The impact of this rule on individual producers is not likely to be
significant. The elimination of restrictions will increase marketing
opportunities for producers, with impacts on prices those producers may
set for their wheat, durum wheat, or triticale. Producers whose fields
are deregulated may enjoy increased market opportunities for any wheat,
durum wheat, or triticale they grow in the future (e.g. the
availability of export markets). They may also receive a higher
commodity price for their wheat, durum wheat, or triticale, although
any price changes would most likely be small. This is due in part to
the perceived notion that wheat produced in a regulated area is of
lower quality. Deregulation may remove this stigma.
Despite the increased ability to move grain and seed, as well as a
potential
[[Page 15555]]
increase in the price received for wheat, the benefits to individual
producers are not likely to be significant. There are several reasons
for this. First, grain in regulated areas is tested for Karnal bunt at
no charge to the producer. Thus, removing this testing requirement does
not translate into a cost savings for producers, but merely eliminates
an inconvenience. Second, little to no wheat seed will be grown in the
affected areas of Maricopa and Pinal Counties, AZ, and Imperial and
Riverside Counties, CA. In 2003, seed demand accounted for
approximately 5.2 percent of total domestic wheat production. Given
such a small percentage and the small size of the area in question
relative to other wheat producing regions, it is not expected that this
region will grow a significant amount of wheat for seed. Thus, the
benefits associated with removing restrictions on the movement of seed
are expected to be minimal in this area. Finally, as mentioned
previously, the areas affected by the rule are very small players in
the overall wheat market. In 2003, Maricopa and Pinal Counties
accounted for only 0.07 and 0.14 percent of total U.S. wheat
production, respectively, while Imperial and Riverside Counties
accounted for 0.22 percent and 0.05 percent, respectively, of total
production. Therefore, deregulation of these areas would not influence
the price of wheat to a significant degree if at all.
Regulation of certain areas in La Paz, Maricopa, and Pinal
Counties, AZ, and Riverside County, CA, is also unlikely to have a
profound effect on individual producers. In this case, producers will
still be allowed to transport and market their grain in non-regulated
areas if it tests negative for bunted kernels. As stated above, this
cost is borne by the government and not by individual producers, so
producers are only affected by the inconvenience of testing. Further,
little or no wheat seed is expected to be produced in these areas, so
the restrictions on seed movement should be negligible. Finally,
although producers may see a more limited market for their product and
face lower prices, the influence of this wheat producing area is small.
In 2003, the counties mentioned above together accounted for only 0.3
percent of total U.S. wheat production. Thus, any price changes would
be very small.
The Regulatory Flexibility Act requires that agencies consider the
economic impact of rule changes on small businesses, organizations, and
governmental jurisdictions. Those most likely affected by this interim
rule are producers whose fields have been added to the list of
regulated areas. Additionally, those farmers whose fields have been
removed from the list of regulated areas and plan to grow wheat in the
future will also be affected. The number of producers likely to be
affected by this interim rule is not expected to be large. Also, it is
not expected that the interim rule will have a significant impact on
the affected producers. The reasons for this are presented in the
preceding paragraphs.
Producers affected by the interim rule are likely to be small in
size based on the U.S. Small Business Administration (SBA) standards
for wheat farmers, with supporting data from the 2002 Census of
Agriculture (2002 Census), which is the most recent census available.
The SBA classifies wheat producers with total annual sales of not more
than $750,000 as small entities. According to 2002 Census data, there
were a total of 7,294 farms in Arizona in 2002. Of this number, 91
percent had annual sales in 2002 of less than $500,000, which is well
below the SBA's small entity threshold of $750,000 for wheat farms. The
percentage of farms with annual sales of less than $500,000 in
California out of a total of 79,631 farms was 90 percent. Therefore,
these findings, in conjunction with those above, demonstrate that
although most of the entities impacted by the rule are expected to be
small, the impact on those entities is not expected to be significant.
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; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
0
2. In Sec. 301.89-3, paragraph (g) is amended as follows:
0
a. Under the heading ``Arizona,'' by revising the entry for La Paz
County to read as set forth below.
0
b. Under the heading ``Arizona,'' in the entry for Maricopa County, by
revising paragraphs (1), (2), and (4) to read as set forth below.
0
c. Under the heading ``Arizona,'' by revising the entry for Pinal
County to read as set forth below.
0
d. Under the heading ``California,'' by removing the entry for Imperial
County and revising the entry for Riverside County to read as set forth
below.
Sec. 301.89-3 Regulated areas.
* * * * *
(g) * * *
ARIZONA
La Paz County. Beginning at the northeast corner of sec. 19, T.
8 N., R. 20 W.; then south to the southeast corner of sec. 31, T. 7
N., R. 20 W.; then west to the northeast corner of sec. 2, T. 6 N.,
R. 21 W.; then south to the southeast corner of sec. 2, T. 6 N., R.
21 W.; then west to the southwest corner of sec. 2, T. 6 N., R. 21
W.; then south to the southeast corner of sec. 15, T. 6 N., R. 21
W., then west to the southwest corner of sec. 13, T. 6 N., R. 22 W.;
then north to the northwest corner of sec. 24, T. 7 N., R. 22 W.;
then east to the northeast corner of sec. 24, T. 7 N., R. 22 W.;
then north to the point of intersection with the Colorado River;
then northeast along the Colorado River to its intersection with the
northern boundary of sec. 16, T. 8 N., R. 21 W.; then east to the
northeast corner of sec. 14, T. 8 N., R. 21 W.; then south to the
southeast corner of sec. 14, T. 8 N., R. 21 W.; then east to the
point of beginning.
Maricopa County. (1) Beginning at the southeast corner of sec.
20, T. 1S., R. 2 E.; then west to the southwest corner of sec. 24,
T. 1 S., R. 1 E.; then north to the northwest corner of sec. 24, T.
1 S., R. 1 E.; then west
[[Page 15556]]
to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then north to
the northwest corner of sec. 14, T. 1 S., R.1 E.; then west to the
southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to the
northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the
southwest corner of sec. 5, T. 1 S., R. 1 E.; then north to the
northwest corner of sec. 5, T. 1 S., R. 1 E.; then west to the
northeast corner of sec. 6, T. 1 S., R. 1 W.; then south to the
southeast corner of sec. 7, T. 1 S., R. 1 W.; then west to the
northeast corner of sec. 14, T. 1 S., R. 2 W.; then south to the
southeast corner of sec. 14, T. 1 S., R. 2 W.; then west to the
northeast corner of sec. 20, T. 1 S., R. 2 W.; then south to the
southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to the
northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the
southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the
southwest corner of sec. 26, T. 1 S., R. 5 W.; then north to the
northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 7, T. 1 N., R, 2 W.; then east to the
northeast corner of sec. 7, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 5, T. 1 N., R, 2 W.; then east to the
northeast corner of sec. 5, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 28, T. 2 N., R 2 W.; then east to the
northeast corner of sec. 28, T. 2 N., R. 2 W.; then north to the
northwest corner of sec. 3, T. 3 N., R. 2 W.; then east to the
northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to the
northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 20, T. 3 N., R. 1 E.; then south to the
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 27, 3 N., R. 1 E.; then south to the
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 35, T. 3N., R. 1E.; then east to the
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the
northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the
northeast corner of sec. 4, T. 1 N., R. 2 E.; then south to the
northwest corner of sec. 15, T. 1 N., R. 2 E.; then east to the
northeast corner of sec. 15, T. 1 N., R. 2 E.; then south to the
southeast corner of sec. 27, T. 1 N., R. 2 E.; then west to the
southwest corner of sec. 27, T. 1 N., R. 2 E.; then south to the
southwest corner of sec. 34, T. 1 N., R. 2 E.; then east to the
northeast corner of sec. 3, T. 1 S., R. 2 E.; then south to the
southeast corner of sec. 3, T. 1 S., R. 2 E.; then west to the
southwest corner of sec. 3, T. 1 S., R. 2 E.; then south to the
southeast corner of sec. 16, T. 1 S., R. 2 E.; then west to the
southwest corner of sec. 16, T. 1 S., R. 2 E.; then south to the
point of beginning.
(2) Beginning at the intersection of the Maricopa/Pinal County
line and the southeast corner of sec. 36, T. 2 S., R. 7 E.; then
west along the Maricopa/Pinal County line to the southwest corner of
sec. 31, T. 2 S., R. 5 E.; then north to the southeast corner of
sec. 25, T. 2 S., R. 4 E.; then west to the southwest corner of sec.
25, T. 2 S., R. 4 E.; then north to the southwest corner of sec. 13,
T. 2 S., R. 4 E.; then west to the southwest corner of sec. 15, T. 2
S., R. 4 E.; then north to the northwest corner of sec. 3, T. 2 S.,
R. 4 E., then east to the southwest corner of sec. 35, T. 1 S., R. 4
E.; then north to the northwest corner of sec. 35, T. 1 S., R. 4 E.;
then east to the northeast corner of sec. 33, T. 1 S., R. 5 E.; then
north to the northwest corner of sec. 22, T. 1 S., R. 5 E.; then
east to the northeast corner of sec. 19, T. 1 S., R. 6 E.; then
north to the northwest corner of sec. 8, T. 1 S., R. 6 E.; then east
to the southwest corner of sec. 3, T. 1 S., R. 6 E.; then north to
the northwest corner of sec. 3, T. 1 S., R. 6 E; then east to the
northeast corner of sec. 2, T. 1 S., R. 6 E.; then south to the
southeast corner of sec. 2, T. 1 S., R. 6 E.; then east to the
northeast corner of sec. 7, T. 1S., R. 7E.; then south to the
northwest corner of sec. 5, T. 2 S., R. 7 E.; then east to the
northeast corner of sec. 3, T. 2 S., R. 7 E.; then north to the
northwest corner of sec. 35, T. 1 S., R. 7 E.; then east to the
northeast corner of sec. 36, T. 1 S, R. 7 E. and the Maricopa/Pinal
County line; then south along the Maricopa/Pinal County line to the
point of beginning.
* * * * *
(4) Beginning at the southeast corner of sec. 36, T. 2 N., R. 5
E.; then west to the southwest corner of sec. 31, T. 2 N., R. 5 E.;
then north to the northwest corner of sec. 7, T. 2 N., R. 5 E.; then
east to the northeast corner of sec. 12, T. 2 N., R. 5 E.; then
south to the point of beginning.
Pinal County: (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8
E.; then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.;
then south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then
east to the northeast corner of sec. 4, T. 2 S., R. 8 E., then south
to the southeast corner of sec. 16, T. 2 S., R. 8 E.; then east to
the northeast corner of sec. 22, T. 2 S., R. 8 E.; then south to the
southeast corner of sec. 27, T. 2 S., R. 8 E.; then west to the
southeast corner of sec. 28, T. 2 S., R. 8 E.; then south to the
southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the
northeast corner of sec. 8, T. 3 S., R. 8 E.; then south to the
southeast corner of sec. 8, T. 3 S., R. 8 E.; then west to the
southwest corner of sec. 12, T. 3 S., R. 7 E.; then north to the
southeast corner of sec. 2, T. 3 S., R. 7 E.; then west to the
northeast corner of sec. 9, T. 3 S., R. 6 E.; then south to the
southeast corner of sec. 4, T. 4 S., R. 6 E.; then west to the
southwest corner of sec. 5, T. 4 S., R. 6 E.; then north to the
northwest corner of sec. 5, T. 4 S., R. 6 E.; then west to the
southwest corner of sec. 34, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 10, T. 3 S., R. 5 E.; then west to the
southwest corner of sec. 6, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 6, T. 3 S., R. 5 E. and the intersection of
the Maricopa/Pinal County line; then east along the Maricopa/Pinal
County line to the southeast corner of sec. 36, T. 2 S., R. 7 E.;
then north along the Maricopa/Pinal County line to the point of
beginning.
(2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4
E.; then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.;
then south to the southeast corner of sec. 14, T. 6 S., R. 3 E.;
then west to the southwest corner of sec. 14, T. 6 S., R. 3 E.; then
south to the southeast corner of sec. 22, T. 6 S., R. 3 E.; then
west to the southwest corner of sec. 19, T. 6 S., R. 3 E.; then
north to the southeast corner of sec. 13, T. 6 S., R. 2 E.; then
west to the southwest corner of sec. 13, T. 6 S., R. 2 E.; then
north to the southwest corner of sec. 25, T. 5 S., R. 2 E.; then
west to the southwest corner of sec. 26, T. 5 S., R. 2 E.; then
north to the northwest corner of sec. 35, T. 4 S., R. 2 E.; then
east to the northeast corner of sec. 35, T. 4 S., R. 2 E.; then
north to the northwest corner of sec. 25, T. 4 S., R. 2 E.; then
east to the southwest corner of sec. 20, T. 4 S., R. 3 E.; then
north to the northwest corner of sec. 20, T. 4 S., R. 3 E.; then
east to the northeast corner of sec. 24, T. 4 S., R. 3 E.; then
south to the northeast corner of sec. 25, T. 4S., R. 3E.; then east
to the northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to
the northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the
northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the
northwest corner of sec. 1, T. 5 S., R. 4 E.; then east to the
northeast corner of sec. 1, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 1, T. 5 S., R. 4 E.; then west to the
northeast corner of sec. 12, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 24, T. 5 S., R. 4 E.; then west to the
southwest corner of sec. 24, T. 5 S., R. 4 E.; then south to the
northeast corner of sec. 35, T. 5 S., R. 4 E.; then west to the
northwest corner of sec. 35, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to the
northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 49, T. 6 S., R. 4 E.: then west to the
northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the
point of beginning.
(3) The following individual fields in Pinal County are
regulated areas: 309021804, 309042601, 309050104, 309050109,
309050122, 309050209.
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 the intersection of Neighbours Boulevard and West
Hobson Way; then east on West Hobson Way to Arrowhead Boulevard;
then north on Arrowhead Boulevard to West 11th Avenue; then east on
West 11th Avenue to Defrain Boulevard; then north on Defrain
Boulevard to 10th Avenue; then east on 10th Avenue to the southern
boundary line of secs. 23 and 24, T. 6 S., R. 23 E.; then east along
that boundary line to the California/Arizona State line; then south
along the State line to the southern boundary line of secs. 25, 26,
and 27, T. 8 S., R. 22 E.; then west along that boundary line to
36th Avenue; then west on 36th Avenue to Stephenson Boulevard; then
north on Stephenson Boulevard to 34th Avenue; then west on 34th
Avenue to Keim Boulevard; then north along an imaginary line to the
intersection of 28th Avenue and Keim Boulevard; then north on Keim
Boulevard to its northernmost point; then from that point northeast
along an imaginary line to the intersection of Stephenson Boulevard
and West 14th Avenue; then east along West 14th Avenue to Neighbours
Boulevard; then north on Neighbours Boulevard to the point of
beginning.
* * * * *
[[Page 15557]]
Done in Washington, DC, this 22nd day of March 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-6029 Filed 3-25-05; 8:45 am]
BILLING CODE 3410-34-P
