Karnal Bunt; Addition and Removal of Regulated Areas in Arizona, 73553-73556 [05-23995]
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73553
Rules and Regulations
Federal Register
Vol. 70, No. 238
Tuesday, December 13, 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
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
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new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. 05–078–1]
Karnal Bunt; Addition and Removal of
Regulated Areas in Arizona
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
Maricopa and Pinal Counties, AZ, 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 County, AZ, 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
December 7, 2005. We will consider all
comments that we receive on or before
February 13, 2006.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and, in the
‘‘Search for Open Regulations’’ box,
select ‘‘Animal and Plant Health
Inspection Service’’ from the agency
drop-down menu, then click on
‘‘Submit.’’ In the Docket ID column,
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select APHIS–2005–0110 to submit or
view public comments and to view
supporting and related materials
available electronically. After the close
of the comment period, the docket can
be viewed using the ‘‘Advanced Search’’
function in Regulations.gov.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 05–078–1, Regulatory
Analysis and Development, PPD,
APHIS, Station 3A–03.08, 4700 River
Road Unit 118, Riverdale, MD 20737–
1238. Please state that your comment
refers to Docket No. 05–078–1.
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
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Vedpal Malik, Karnal Bunt Program
Manager, Pest Detection and
Management Programs, PPQ, APHIS,
4700 River Road Unit 134, Riverdale,
MD 20737–1236; (301) 734–3769.
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.
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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;
• The availability of natural habitats
and host materials within the
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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 1 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 adding 5,215 acres (36
fields) in Maricopa County, AZ, and
5,085 acres (approximately 15 to 20
fields) in Pinal County, AZ, 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.
We are also removing 3,802 acres (37
fields) in Maricopa County, AZ, 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
1 On October 5, 2005, we published a proposed
rule in the Federal Register (70 FR 58084–58086;
Docket 04–134–1) in which we proposed to, among
other things, amend the regulations to refer to 5
cumulative years rather than 5 consecutive years.
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within those areas that are no longer
warranted.
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 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 Maricopa
and Pinal Counties, AZ, 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
County, AZ, 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.
Deregulating certain areas or fields in
Maricopa County, AZ, 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 areas or 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
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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 from those areas that
are affected by this aspect of the interim
rule.
The impact of this aspect of the 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
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 County, AZ. In 2004,
seed demand accounted for
approximately 5 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, in 2004, Maricopa
County accounted for only 0.07 percent
of total U.S. wheat production.
Therefore, deregulation of these fields or
areas would not influence the price of
wheat to a significant degree if at all.
Regulation of certain areas in
Maricopa and Pinal Counties, AZ, 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 nonregulated 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
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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 2004,
the counties mentioned above together
accounted for only 0.15 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 their rules 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 232
wheat-for-grain (all kind of wheat) farms
in Arizona in 2002. Of those, 38 farms
were in Maricopa County and 67 farms
in Pinal County. 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. 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
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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.
Accordingly, we are amending 7 CFR
part 301 as follows:
I
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 and 7781–
7786; 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,’’ in
the entry for Maricopa County, by
revising paragraphs (1), (3), and (4) to
read as set forth below.
I b. Under the heading ‘‘Arizona,’’ in
the entry for Pinal County, by revising
paragraph (2) to read as set forth below.
§ 301.89–3
*
Regulated areas.
*
*
(g) * * *
*
*
Arizona
*
*
*
*
*
Maricopa County. (1) Beginning at the
southeast corner of sec. 17, T. 1 S., R.
2 E.; then west 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
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73555
E.; then north to the northwest corner of
sec. 5, T. 1S., 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, T. 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. 1
E.; 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 southeast corner of sec. 33,
T. 1 N., R. 2 E.; then west to the
northeast corner of sec. 4, T. 1 S., R. 2
E.; then south to the southeast corner of
sec. 4, T. 1 S., R. 2 E.; then west to the
southwest corner of sec. 4, T. 1 S., R. 2
E.; then south to the point of beginning.
*
*
*
*
*
(3) Beginning at the southeast corner
of sec. 30, T. 6 S., R. 5 W.; then west
to the northeast corner of sec. 33, T. 6
S., R. 6 W.; then south to the southeast
corner of sec. 33, T. 6 S., R. 6 W.; then
west to the southwest corner of sec. 36,
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T. 6 S., R. 7 W.; then north to the
northwest corner of sec. 36, T. 6 S., R.
7 W.; then west to the southwest corner
of sec. 26, T. 6 S., R. 7 W.; then north
to the northwest corner of sec. 23, T. 6
S., R. 7 W.; then west to the southeast
corner of sec. 18, T. 6 S., R. 7 W.; then
north to the northeast corner of sec. 6,
T. 6 S., R. 7 W.; then west to the
southeast corner of sec. 31, T. 5 S., R.
7 W.; then north to the northwest corner
of sec. 29, T. 5 S., R. 7 W.; then east to
the northeast corner of sec. 29, T. 5 S.,
R. 7 W.; then east to the southwest
corner of sec. 22, T. 5 S., R. 7 W.; then
north to the northwest corner of sec. 22,
T. 5 S., R 7 W.; then east to the
southwest corner of sec. 14, T. 5 S., R.
7 W.; then north to the northwest corner
of sec. 14, T. 5 S., R. 7 W.; then east to
the northeast corner of sec. 13, T. 5 S.,
R. 6 W.; then south to the southeast
corner of sec. 24, T. 5 S., R. 6 W.; then
east to the northeast corner of sec. 30,
T. 5 S., R. 5 W.; then south to the
southeast corner of sec. 30, T. 5 S., R.
5 W.; then east to the northeast corner
of sec. 32, T. 5 S., R. 5 W.; then south
to the southeast corner of sec. 32, T. 5
S., R. 5 W.; then east to the northeast
corner of sec. 5, T. 6 S., R. 5 W.; then
south to the southeast corner of sec. 20,
T. 6 S., R. 5 W.; then west to the
northeast corner of sec. 30, T. 6 S., R.
5 W.; then south to the point of
beginning.
(4) Beginning at the southeast corner
of sec. 36, T. 2 N., R. 5 E.; then west to
the northeast corner of sec. 4, T. 1 N.,
R. 5 E.; then south to the southeast
corner of sec. 4, T. 1 N., R. 5 E.; then
west to the southwest corner of sec. 4,
T. 1 N., R. 5 E.; then south to the
southeast corner of sec. 17, T. 1 N., R.
5 E.; then west to the southwest corner
of sec. 17, T. 1 N., R. 5 E.; then north
to the northwest corner of sec. 17, T. 1
N., R. 5 E.; then west to the southwest
corner of sec. 12, T. 1 N., R. 4 E.; then
north to the northwest corner of sec. 12,
T. 1 N., R. 4 E.; then east to the
northeast corner of sec. 12, T. 1 N., R.
4 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:
*
*
*
*
*
(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 northeast corner
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of sec. 30, T. 6 S., R. 3 E.; then south
to the southeast corner of sec. 30, T. 6
S., R. 3 E.; then west to the southwest
corner of sec. 30, T. 6 S., R. 3 E.; then
north to the southeast corner of sec. 25,
T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 25, T. 6 S., R.
2 E.; then north to the southeast corner
of sec. 11, T. 6 S., R. 2 E.; then west to
the southwest corner of sec. 11, T. 6 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 southeast corner of sec. 24,
T. 4 S., R. 3 E.; 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.
*
*
*
*
*
Done in Washington, DC, this 7th day of
December 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–23995 Filed 12–12–05; 8:45 am]
BILLING CODE 3410–34–P
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
7 CFR Part 800
RIN 0580–AA87
Export Inspection and Weighing
Waiver for High Quality Specialty
Grains Transported in Containers
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Grain Inspection, Packers
and Stockyards Administration (GIPSA)
is amending regulations under the
United States Grain Standards Act
(USGSA) to waive the mandatory
inspection and weighing requirements
of the USGSA for high quality specialty
grains exported in containers. GIPSA is
establishing this waiver to facilitate the
marketing of high quality specialty
grains exported in containers. This
action is consistent with the objectives
of the USGSA and will promote the
continuing development of the high
quality specialty export market. This
waiver will be in effect for a maximum
of 5 years, and if after this time period
GIPSA determines that this waiver
continues to advance the objectives of
the USGSA, GIPSA will consider
making this waiver permanent.
DATES: Effective January 12, 2006
FOR FURTHER INFORMATION CONTACT: John
Sharpe, Director, Compliance Division,
at his e-mail address:
John.R.Sharpe@usda.gov or telephone
him at (202) 720–8262.
SUPPLEMENTARY INFORMATION:
Background
The USGSA authorizes the
Department to waive the mandatory
inspection and weighing requirements
of the USGSA in circumstances when
the objectives of the USGSA would not
be impaired. Current waivers from the
official inspection and Class X weighing
requirements for export grain appear in
section 7 CFR 800.18 of the regulations.
These waivers are provided for grain
exported for seeding purposes, grain
shipped in bond, grain exported by rail
or truck to Canada or Mexico, grain not
sold by grade, exporters and individual
elevator operators shipping less than
15,000 metric tons during the current
and preceding calendar years, and when
services are not available or in
emergency situations.
This final rule provides a waiver for
high quality specialty grains exported in
containers.
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Rules and Regulations]
[Pages 73553-73556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23995]
========================================================================
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. 238 / Tuesday, December 13, 2005 /
Rules and Regulations
[[Page 73553]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 05-078-1]
Karnal Bunt; Addition and Removal of Regulated Areas in Arizona
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 Maricopa and Pinal
Counties, AZ, 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 County, AZ, 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 December 7, 2005. We will
consider all comments that we receive on or before February 13, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2005-0110 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 05-078-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.08, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 05-078-1.
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 https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Karnal Bunt Program
Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-3769.
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;
The availability of natural habitats and host materials
within the
[[Page 73554]]
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 \1\ 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.
---------------------------------------------------------------------------
\1\ On October 5, 2005, we published a proposed rule in the
Federal Register (70 FR 58084-58086; Docket 04-134-1) in which we
proposed to, among other things, amend the regulations to refer to 5
cumulative years rather than 5 consecutive years.
---------------------------------------------------------------------------
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 adding 5,215 acres (36
fields) in Maricopa County, AZ, and 5,085 acres (approximately 15 to 20
fields) in Pinal County, AZ, 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.
We are also removing 3,802 acres (37 fields) in Maricopa County,
AZ, 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.
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 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 Maricopa and Pinal
Counties, AZ, 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 County, AZ, 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.
Deregulating certain areas or fields in Maricopa County, AZ, 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 areas or 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 from those areas that are affected by this aspect of the
interim rule.
The impact of this aspect of the 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 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 County, AZ. In 2004,
seed demand accounted for approximately 5 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,
in 2004, Maricopa County accounted for only 0.07 percent of total U.S.
wheat production. Therefore, deregulation of these fields or areas
would not influence the price of wheat to a significant degree if at
all.
Regulation of certain areas in Maricopa and Pinal Counties, AZ, 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
[[Page 73555]]
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
2004, the counties mentioned above together accounted for only 0.15
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 their rules 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 232 wheat-for-grain (all kind of wheat) farms in
Arizona in 2002. Of those, 38 farms were in Maricopa County and 67
farms in Pinal County. 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. 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 and 7781-7786; 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,'' in the entry for Maricopa County, by
revising paragraphs (1), (3), and (4) to read as set forth below.
0
b. Under the heading ``Arizona,'' in the entry for Pinal County, by
revising paragraph (2) to read as set forth below.
Sec. 301.89-3 Regulated areas.
* * * * *
(g) * * *
Arizona
* * * * *
Maricopa County. (1) Beginning at the southeast corner of sec. 17,
T. 1 S., R. 2 E.; then west 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. 1S., 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, T. 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. 1 E.; 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
southeast corner of sec. 33, T. 1 N., R. 2 E.; then west to the
northeast corner of sec. 4, T. 1 S., R. 2 E.; then south to the
southeast corner of sec. 4, T. 1 S., R. 2 E.; then west to the
southwest corner of sec. 4, T. 1 S., R. 2 E.; then south to the point
of beginning.
* * * * *
(3) Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.;
then west to the northeast corner of sec. 33, T. 6 S., R. 6 W.; then
south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west
to the southwest corner of sec. 36,
[[Page 73556]]
T. 6 S., R. 7 W.; then north to the northwest corner of sec. 36, T. 6
S., R. 7 W.; then west to the southwest corner of sec. 26, T. 6 S., R.
7 W.; then north to the northwest corner of sec. 23, T. 6 S., R. 7 W.;
then west to the southeast corner of sec. 18, T. 6 S., R. 7 W.; then
north to the northeast corner of sec. 6, T. 6 S., R. 7 W.; then west to
the southeast corner of sec. 31, T. 5 S., R. 7 W.; then north to the
northwest corner of sec. 29, T. 5 S., R. 7 W.; then east to the
northeast corner of sec. 29, T. 5 S., R. 7 W.; then east to the
southwest corner of sec. 22, T. 5 S., R. 7 W.; then north to the
northwest corner of sec. 22, T. 5 S., R 7 W.; then east to the
southwest corner of sec. 14, T. 5 S., R. 7 W.; then north to the
northwest corner of sec. 14, T. 5 S., R. 7 W.; then east to the
northeast corner of sec. 13, T. 5 S., R. 6 W.; then south to the
southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the
northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the
southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the
northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the
southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the
northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the
southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the
northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point
of beginning.
(4) Beginning at the southeast corner of sec. 36, T. 2 N., R. 5 E.;
then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then
south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to
the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the
southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the
southwest corner of sec. 17, T. 1 N., R. 5 E.; then north to the
northwest corner of sec. 17, T. 1 N., R. 5 E.; then west to the
southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the
northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to the
northeast corner of sec. 12, T. 1 N., R. 4 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:
* * * * *
(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
northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the
southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the
southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the
southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the
southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 11, T. 6 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
southeast corner of sec. 24, T. 4 S., R. 3 E.; 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.
* * * * *
Done in Washington, DC, this 7th day of December 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-23995 Filed 12-12-05; 8:45 am]
BILLING CODE 3410-34-P
