Karnal Bunt Regulated Areas

Federal RegisterMay 1, 1997

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-19]

RIN 0579-AA83

Karnal Bunt Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Karnal bunt regulations to modify the

criteria for classifying regulated areas by including in those criteria

a requirement that a bunted wheat kernel be found in or associated with

a field within an area before that area will be designated as a

regulated area. We are also modifying the classification of restricted

areas by establishing separate restricted areas for seed and for

regulated articles other than seed. We are taking this action because

tests currently available for use in identifying spores do not allow us

to differentiate between small numbers of Karnal bunt spores and the

spores of an as yet unnamed, but widely distributed, ryegrass smut.

This action will have the effect of removing some areas in

[[Page 23621]]

Arizona and California from the list of regulated areas and will

relieve restrictions on the movement of grain and other regulated

articles from additional areas in Arizona, California, New Mexico, and

Texas.

DATES: Interim rule effective April 25, 1997. Consideration will be

given only to comments received on or before June 2, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 96-016-19, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 96-016-19. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Stefan, Operations Officer,

Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road Unit

134, Riverdale, MD 20737-1236, (301) 734-8247.

SUPPLEMENTARY INFORMATION: 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 by spores. In the absence of measures taken by the U.S.

Department of Agriculture (USDA) to prevent its spread, the

establishment of Karnal bunt in the United States could have

significant consequences with regard to the export of wheat to

international markets. The regulations regarding Karnal bunt are set

forth in 7 CFR 301.89-1 through 301.89-14.

On October 4, 1996, we published in the Federal Register (61 FR

52190-52213, Docket No. 96-116-14) a final rule that, in part,

established criteria for levels of risk for areas with regard to Karnal

bunt and for the movement of regulated articles based on those

criteria. In that final rule, levels of risk were assigned to areas

based on their proximity to fields in which Karnal bunt spores were

detected during preharvest samples or in which contaminated seed was

planted.

In November 1996, a sample of a forage mixture containing wheat

seed and seed of a number of grass species was tested and found to

contain Karnal bunt-like teliospores. By a process of elimination, it

was eventually determined that the source of the teliospores was the

annual ryegrass in the forage mixture. Subsequent research showed that

the teliospores associated with the ryegrass seed were produced by a

disease different from Karnal bunt, but with teliospores that are so

similar as to be indistinguishable by tests currently available. As a

result of the survey, testing, and research activities carried out by

the Animal and Plant Health Inspection Service (APHIS), Agricultural

Research Service, and several State agricultural agencies, we believe

that:

A substantial portion of the ryegrass seed produced in the

United States contains teliospores produced by an as yet unnamed smut

affecting ryegrass;

This seed has been widely distributed in the United States

and to at least 26 foreign countries, and it is likely that this wide

distribution has contributed to the ryegrass smut disease becoming well

established;

Ryegrass is one of the most common weeds occurring in

wheat fields, and is frequently planted with wheat in forage and

pasture mixes;

Information currently available indicates that it is

impossible to make a definitive determination as to the identity of

teliospores when only small numbers are present. In most surveys in

which Karnal bunt teliospores were found, the number of spores detected

in the sample were five or fewer. Previous methods of identifying

teliospores included size, morphology, and the results of DNA/PCR

tests. None of these methods are practical for determining whether

small numbers of teliospores detected are Karnal bunt or the ryegrass

smut; and

Scientists consulted by APHIS have concluded that a

positive determination as to the presence of Karnal bunt can now be

made only when bunted wheat kernels are present.

Based on the considerations listed above, we concluded that the

detection of spores alone does not now allow us to make a conclusive

determination that Karnal bunt disease is present in an area or

article. That conclusion had an immediate effect on the States of

Alabama, Florida, Georgia, and Tennessee, where grain in a number of

storage facilities had been found to be contaminated with spores that

appeared to be Karnal bunt spores, and on South Carolina, where seed

from a seed lot contaminated with those spores had been planted.

Specifically, we announced on March 17, 1997, that we were lifting all

emergency action notifications affecting those States due to the fact

that no bunted wheat kernels had been detected in those areas, only the

Karnal bunt-like spores. In that same announcement, we stated our

intention to develop a new regulatory standard for determining the

presence of Karnal bunt that would apply to all parts of the United

States. Therefore, we are amending the Karnal bunt regulations to make

them consistent with our determination that the detection of a bunted

wheat kernel is necessary to confirm the presence of Karnal bunt.

Classification of Regulated Areas

In Sec. 301.89-3(e), we have revised the criteria for classifying

regulated areas. Those criteria had been based on a finding that a

field contained spores or had been planted with seed that tested

positive for the presence of spores; we are now requiring that a bunted

wheat kernel be found in or associated with a field within an area

before that area will be designated as a regulated area.

In revising the classification criteria, we have retained the

categories of restricted areas and surveillance areas, but we have

split the category of restricted area to establish restricted areas for

seed, which is the regulated article that presents the greatest risk of

spreading Karnal bunt, and restricted areas for regulated articles

other than seed. Because of the higher risk presented by seed,

restricted areas for seed cover a larger area than do the restricted

areas for regulated articles other than seed.

Under the new classification criteria, a restricted area for seed

is a distinct definable area that includes at least one field that has

been associated with a bunted wheat kernel. A field's association with

a bunted wheat kernel will be established when it has been determined

that:

A bunted wheat kernel was found in the field during

surveys;

Seed from a lot contaminated with a bunted wheat kernel

was planted in the field; or

The field was found during surveys to contain spores and

was traced back from a handling facility in which grain containing a

bunted wheat kernel is stored.

The boundaries of a restricted area for seed--i.e., how much of an

area surrounding the field or fields found to be associated with a

bunted wheat kernel will be included within the restricted area for

seed--will be determined in accordance with the existing criteria in

paragraphs (b) through (d) of Sec. 301.89-3, which provide for

regulating less than an entire State, the inclusion of noninfected

acreage in a regulated area, and the

[[Page 23622]]

temporary designation of nonregulated areas as regulated areas.

The individual fields that are determined to be associated with a

bunted wheat kernel are also designated as restricted areas for

regulated articles other than seed. The identity of those fields is

determined using the same criteria discussed above with regard to

restricted areas for seed, but it is the field itself, without any

adjacent areas, that is designated as the restricted area for regulated

articles other than seed.

Surveillance areas are those areas that include at least one field

in which a bunted wheat kernel was found during surveys or one field in

which spores were found during survey and that field was traced back

from a handling facility in which grain containing a bunted wheat

kernel was stored. These classification criteria are similar to those

used to classify fields in the two restricted area categories, the

difference being that the restricted area categories include fields

planted with contaminated seed. Because a surveillance area will, in

all cases, fall within the boundaries of a restricted area for seed, a

surveillance area designation will only have an effect, for the

purposes of movement, on the movement of regulated articles other than

seed. The boundaries of a surveillance area will be determined using

the criteria in paragraphs (b) through (d) of Sec. 301.89-3, which

provide for regulating less than an entire State, the inclusion of

noninfected acreage in a regulated area, and the temporary designation

of nonregulated areas as regulated areas.

List of Regulated Areas

The list of regulated areas in Sec. 301.89-3(f) has been revised to

reflect the new area classifications and the new regulated areas that

have been identified based on the revised classification criteria

discussed above. The regulated areas are still listed alphabetically by

State, and each classification--i.e. restricted area for seed,

restricted area for regulated articles other than seed, and

surveillance area--lists areas or fields by county. Where individual

fields are listed, they are designated by specific field numbers that

have been assigned by State or local agricultural agencies or by the

growers themselves. In all cases, the owners of those fields have

already been notified of the regulatory status of their fields.

In Arizona, the counties of La Paz, Maricopa, Pinal, and Yuma are

designated as restricted areas for seed due to the detection of bunted

wheat kernels or the planting of contaminated seed in fields within

those counties. In all, 21 fields were found with bunted wheat kernels

during the 1996 preharvest surveys in those counties, and 103 fields--5

of which are among the 21 fields found to contain bunted wheat

kernels--were identified as having been planted with contaminated seed.

Those 119 fields found to contain bunted wheat kernels or that were

planted with contaminated seed comprise the restricted areas for

regulated articles other than seed in Arizona and are listed

individually by county. Cochise, Graham, and Pima counties have been

removed from the list of regulated areas, and the size of the regulated

areas in La Paz, Maricopa, Pinal, and Yuma counties has been reduced.

The surveillance areas in Arizona are located in La Paz, Maricopa,

and Pinal counties, where the 21 fields found to contain bunted wheat

kernels were located. The borders of the surveillance areas in Arizona

extend roughly 3 miles in each direction from each bunted wheat kernels

field or cluster of bunted wheat kernel fields; the edges of each

surveillance area lie along township and range lines in order that they

may be described clearly and consistently. This 3-mile radius around

the bunted wheat kernel fields or field clusters was established for

Arizona based on the experience gained through our Karnal bunt control

efforts and on our knowledge of the epidemiology of plant diseases. The

3-mile radius encompasses, in most cases, fields that share common

ownership with the fields in which bunted wheat kernels were detected.

Given that the disease may be spread through contaminated farm

equipment, we believe that this common ownership factor must be

considered. Supporting this consideration is our finding that 56

percent of the spore-positive fields in Arizona fall within the 9

square miles surrounding fields found to contain bunted wheat kernels.

Beyond the 3-mile radius, the number of additional spore-positive

fields does not increase as quickly: A 5-mile radius (25 square miles)

encompasses 73 percent of the spore-positive fields--a 17-percent

increase--and a 10-mile radius (100 square miles) takes in 77 percent

of the spore-positive fields. We have determined, therefore, that

establishing surveillance areas in Arizona that extend approximately 3

miles around the fields found to contain bunted wheat kernels will

allow us to concentrate on the areas from which the movement of

regulated articles presents the highest risk without unnecessarily

extending restrictions into lower-risk areas.

In California, the Bard-Winterhaven area of Imperial County and the

Palo Verde Valley area of Imperial and Riverside counties are

designated as restricted areas for seed. The Bard-Winterhaven area is

designated as a restricted area for seed because it abuts Yuma County,

Arizona, and falls within a distinct definable wheat production area

that includes fields in Yuma County that were planted with contaminated

seed. The Palo Verde Valley is designated as a restricted area for seed

because 55 fields within the valley are considered to be positive for

Karnal bunt. The 55 fields had not been examined individually for

bunted wheat kernels during the 1996 surveys, but they had been found

to contain spores. Grain from those fields that had been commingled at

a grain storage facility was found to contain bunted wheat kernels that

could not be traced back to any individual field or fields. The

combination of spores in the fields and bunted wheat kernels in grain

associated with the fields gives us reason to believe that those fields

are affected with Karnal bunt. Those 55 fields in the Palo Verde Valley

comprise the restricted area for regulated articles other than seed in

California; all the fields are located in Riverside County and are

listed under the entry for that county. The remaining areas in Imperial

and Riverside counties that had been classified as regulated areas have

been removed from the list of regulated areas.

In New Mexico, there are 106 fields located in Dona Ana, Hidalgo,

Luna, and Sierra counties that were identified as having been planted

with contaminated seed. Those 106 fields comprise the restricted areas

for regulated articles other than seed in the State, and the areas

surrounding those fields, which are the same as the regulated areas of

New Mexico described in the October 4, 1996, final rule, are designated

as restricted areas for seed. Because there were no fields found to

contain bunted wheat kernels in New Mexico--only fields planted with

contaminated seed--there are no surveillance areas in the State.

There are 24 fields located in El Paso and Hudspeth counties,

Texas, that were identified as having been planted with contaminated

seed. Those 24 fields comprise the restricted areas for regulated

articles other than seed in the State, and the areas surrounding those

fields, which are the same as the regulated areas of Texas described in

the October 6, 1996, final rule, are designated as restricted areas for

seed. Because there were no fields found to

[[Page 23623]]

contain bunted wheat kernels in Texas--only fields planted with

contaminated seed--there are no surveillance areas in the State.

Maps showing the location of all the regulated areas described

above, including the individual fields listed as restricted areas for

regulated articles other than seed, may be inspected at USDA, room

1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. Those maps are available for inspection at the APHIS

field offices listed below.

Regulated Areas in Arizona and California:

Phoenix Karnal Bunt Office, 3658 East Chipman Road, Phoenix, AZ, phone

(602) 414-4740;

Buckeye Karnal Bunt Office, 26405 West Highway 85, Buckeye, AZ, phone

(602) 386-4514;

Casa Grande Karnal Bunt Office, 884 West Highway 84, Casa Grande, AZ,

phone (520) 836-5192; and

Yuma Karnal Bunt Office, 350 West 16th Street, room 305, Yuma, AZ,

phone (520) 783-3901.

Regulated areas in New Mexico: USDA-APHIS-PPQ Karnal Bunt Office,

Mike Perry, 270 South 17th Street, Las Cruces, NM, phone (505) 527-

6983.

Regulated areas in Texas: USDA-APHIS-PPQ, George Nash, 903 San

Jacinto Boulevard, suite 270, Austin, TX, phone (512) 916-5241 or (512)

916-5242.

As noted in previous paragraphs, we have removed several areas in

Arizona and California from the list of regulated areas, which means

that growers and other persons in those areas will no longer be subject

to restrictions on the movement of regulated articles from the areas no

longer listed in Sec. 301.89-3(f). APHIS will, however, continue to

check for bunted wheat kernels in samples drawn from grain grown in

those areas to ensure continued confidence, both nationally and

internationally, in APHIS' Karnal bunt control measures and

certification. The data gathered could also be used as the basis for

releasing specific areas from regulation for the purposes of seed

movement.

Planting Within Regulated Areas

We have made three changes to the restrictions of Sec. 301.89-4,

``Planting,'' to make that section consistent with the amended

regulations described above. First, we have removed a reference in

paragraph (a) to the planting of wheat, durum wheat, and triticale in

fields outside of a regulated area because there are no restrictions

placed by the regulations on fields outside of the regulated areas

described in Sec. 301.89-3(f).

Second, we have removed paragraphs (a)(1) and (a)(2), which stated

that wheat, durum wheat, and triticale may not be planted during the

1996-1997 crop season in fields that tested positive for Karnal bunt

during preharvest samples or that had been planted with contaminated

seed. Those paragraphs have been replaced with a single paragraph

stating that those crops may not be planted in a field listed in

Sec. 301.89-3(f) as a restricted area for regulated articles other than

seed. The new paragraph has the same effect as the two it replaces in

that it prohibits the planting of wheat, durum wheat, and triticale in

a field within a restricted area; however, the fields themselves are

now the restricted areas and can be referred to as such.

Third, we have revised paragraph (b) of Sec. 301.89-4 to remove the

requirement for testing seed that originated outside the regulated area

prior to its being planted within the regulated area. We have no reason

to believe that seed originating outside the regulated areas poses a

risk of spreading Karnal bunt--which is why the regulations place no

restrictions on the movement of such seed--so we do not believe it is

necessary for that seed to be tested prior to planting in a regulated

area.

Movement Restrictions for Grain

We have amended Sec. 301.89-6, ``Issuance of a certificate or

limited permit,'' to relax the testing requirements for grain. Grain to

be moved from a surveillance area will be required to undergo one test

and be found free from spores in order for the grain to qualify for

movement under a certificate. Grain from a surveillance area had been

required to undergo two tests, with the second one occurring at the

means of conveyance or storage facility immediately prior to movement.

We have eliminated the requirement for the first test based on two

factors: the low confidence in the efficacy of the first test, and our

increased confidence in the efficacy of the sampling and testing of

grain at the means of conveyance or storage facility.

In the 1995-1996 crop season, the first test was done on a

preharvest sample taken in the field. We have determined that testing a

preharvest sample in addition to testing grain at the means of

conveyance or storage facility does not significantly improve the

detection of Karnal bunt. Karnal bunted kernels occur in clusters

within fields, so that spores from the clusters are not randomly

distributed throughout the field. This significantly decreases the

chances of finding a spore in a preharvest sample taken from a field.

In contrast, we have found that the routine handling of grain prior to

its being loaded onto a conveyance mixes the grain to the extent that

the majority of spores present in the grain will be distributed

throughout the grain by the time it is loaded onto a conveyance. That

finding led us to conclude that there is a 99 percent probability of

finding spores in a 50 gram sample taken at the means of conveyance or

storage facility when there is a single bunted wheat kernel in 1.5

million kernels. We found that testing a preharvest sample increases

that probability by only .05 percent. Based on the high level of

confidence of tests done on samples taken at the means of conveyance or

storage facility, and the minimal improvement in the detection levels

offered by tests done on preharvest samples, we believe that a single

test performed at the means of conveyance immediately prior to movement

will enable us to detect the presence of Karnal bunt spores in grain

aboard a conveyance.

In view of our finding that the first test formerly required by the

regulations should be discontinued because it does not significantly

aid the efficacy of our Karnal bunt program, owners and handlers of

grain may wish to consider arranging their own tests for their grain

before it is commingled with grain from other sources, if they believe

such testing would provide them with useful business information about

the Karnal bunt status of their grain.

Grain found to contain spores will be ineligible for movement under

a certificate due to the fact that the grain will have originated in a

surveillance area, i.e., an area that includes at least one field in

which a bunted wheat kernel has been detected. That link to bunted

wheat kernels gives us reason to believe that grain containing spores

presents a greater risk of being infected with Karnal bunt, so we will

allow grain found to contain spores to be moved only under a limited

permit, which means that the grain will be subject to measures intended

to mitigate the risk of the grain spreading Karnal bunt.

Also in Sec. 301.89-6, we have removed paragraph (d), which sets

forth the eligibility requirements for the movement of grain from a

restricted area. Grain may not be grown in a field listed in

Sec. 301.89-3(f) as a restricted area for regulated articles other than

seed, so those eligibility requirements are no longer applicable.

[[Page 23624]]

Other Changes

We have amended the definition of distinct definable area to make

it consistent with the changes to the classification criteria for

restricted areas. The definition had stated that an inspector would

consider survey results, including the number of positive fields and

the relative spore count of fields within an area, when determining the

boundaries of a distinct definable area surrounding a restricted area.

We have amended that definition to remove the references to the number

of positive fields and relative spore counts because the presence of a

single positive field in an area--i.e. a field found to contain or to

be associated with a bunted wheat kernel--now serves as the basis for

the classification of that area as a restricted area, and because spore

counts no longer serve as a criterion for determining an area's

classification.

As a result of the changes to the criteria for classifying

regulated areas and to the movement and planting restrictions for

grain, much of the information contained in the chart that comprised

``Appendix to Subpart--Karnal Bunt'' is no longer applicable. We have,

therefore, removed the appendix from the regulations.

In addition to those changes, we have also made two other minor

changes to the regulations. First, we have corrected the fourth

sentence of Sec. 301.89-3(d), which refers to ``the list of designated

regulated areas in paragraph (e) of this section.'' That list is

actually in paragraph (f) of Sec. 301.89-3, so we have changed the

reference to reflect the correct location of the list. Second, we have

redesignated footnotes 3 through 6 as footnotes 2 through 5; this

change was necessary because the revision to Sec. 301.89-4 discussed

above resulted in the removal of footnote 2.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment in order that the

amended regulations are in place prior to the impending spring grain

harvest in the affected States. Immediate action is also warranted to

relieve restrictions on growers and other persons in certain areas of

Arizona and California that will no longer be classified as regulated

areas to ease the restrictions on the movement of grain and other

regulated articles from additional areas in Arizona, California, New

Mexico, and Texas that continue to be classified as regulated areas.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 30 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be significant for the purposes of Executive

Order 12866 and, therefore, has been reviewed by the Office of

Management and Budget.

This action amends the Karnal bunt regulations by including a

requirement that a bunted wheat kernel be found in or associated with a

field within an area before that area will be designated as a regulated

area. This will relieve restrictions on growers and other persons in

certain areas of Arizona and California that no longer meet the

criteria for classification as regulated areas. This action also eases

the restrictions on the movement of grain and other regulated articles

from additional areas in Arizona, California, New Mexico, and Texas

that continue to be classified as regulated areas. We are taking this

action on an expedited basis and are making it effective upon signature

in order that the amended regulations published in this document are in

place prior to the impending spring grain harvest in the affected

States. This situation makes compliance with section 603 and timely

compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C.

603 and 604) impracticable.

This rule substantially reduces the size of the area regulated for

Karnal bunt, which means that there will no longer be restrictions

imposed upon the movement of regulated articles such as grain, seed,

and straw from those areas released from regulation. This rule also

eases restrictions on the movement of grain and other regulated

articles from those areas that remain under regulation. Given these

changes, we anticipate that this rule will have a significant

deregulatory impact on affected entities. As discussed in the

regulatory flexibility analysis for the October 4, 1996, final rule

cited above, the majority of the affected entities in the regulated

areas have been determined to be small entities. (That regulatory

flexibility analysis was published in the Federal Register on April 3,

1997 [62 FR 15809-15819, Docket No. 96-016-18].) We will discuss the

issues raised by section 604 of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Act Analysis.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which 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

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this rule have been approved by the Office of Management

and Budget (OMB), and there are no new requirements. The assigned OMB

control number is 0579-0121.

Accordingly, 7 CFR part 301 is amended as follows:

1. The authority citation for part 301 continues to read as

follows:

Authority: 7 U.S.C. 147aa, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 301.89-1 [Amended]

2. In Sec. 301.89-1, the definition of distinct definable area is

amended by removing the words ``, including the number of positive

fields and the relative spore count of the fields within the area''.

3. Section 301.89-3 is amended as follows:

a. In paragraph (d), the fourth sentence is amended by removing the

words ``paragraph (e)'' and adding the words ``paragraph (f)'' in their

place.

b. Paragraphs (e) and (f) are revised to read as follows.

Sec. 301.89-3 Regulated areas.

* * * * *

(e) The Administrator will classify fields or areas within the

regulated boundaries as either restricted areas or

[[Page 23625]]

surveillance areas according to the following categories:

(1) Restricted areas for seed. A restricted area for seed is a

distinct definable area that includes at least one field that has been:

(i) Found during survey to contain a bunted wheat kernel;

(ii) Planted with seed from a lot found to contain a bunted wheat

kernel; or

(iii) Found during survey to contain spores consistent with Karnal

bunt and has been determined to be associated with grain at a handling

facility containing a bunted wheat kernel.

(2) Restricted areas for regulated articles other than seed.

Individual fields will be designated as restricted areas for regulated

articles other than seed under the following circumstances:

(i) The field was found during survey to contain a bunted wheat

kernel;

(ii) The field was planted with seed from a lot found to contain a

bunted wheat kernel; or

(iii) The field was found during survey to contain spores

consistent with Karnal bunt and has been determined to be associated

with grain at a handling facility containing a bunted wheat kernel.

(3) Surveillance areas: A surveillance area will be an area that

includes at least one field that was either:

(i) Found during survey to contain a bunted wheat kernel; or

(ii) Found to contain spores consistent with Karnal bunt and has

been determined to be associated with grain at a handling facility

containing a bunted wheat kernel.

(f) The following areas are designated as regulated areas, and

those areas are divided into restricted areas or surveillance areas as

indicated below. (Maps of the regulated areas may be obtained by

contacting the Animal and Plant Health Inspection Service, Plant

Protection and Quarantine, 4700 River Road Unit 134, Riverdale, MD

20737-1236.)

Arizona

(1) Restricted areas for seed.

La Paz County. The entire county.

Maricopa County. The entire county.

Pinal County. The entire county.

Yuma County. The entire county.

(2) Restricted areas for regulated articles other than seed. The

following numbered fields are restricted areas for the regulated

articles other than seed.

La Paz County

319050508

319072200

319072212

Maricopa County

301060505

301060506

301060601

301060602

301060603

301060604

301092503

301102505

301102506

301103502

302063605

302071004

302071005

302071007

302071012

302071101

302071102

302071105

302071402

302071405

302071410

302071412

302071504

302071507

302071509

302072205

302072802

302073306

302073307

302073310

302073403

302073404

302073406

302073409

302110403

302110405

302110406

302131311

303102206

303111502

303111503

303113002

303112502

303112505

304023202

304031904

304031906

304073004

304073005

304073010

304081410

304081413

304081415

304081417

304081505

304081506

304082202

304082302

304082303

304082607

304082703

305031601

305031603

305050105

305050309

306013222

306013231

306020404

306020501

306020601

306020623

316123301

316123302

316123303

316131801

316131901

316131904

316132302

316132604

316152306

316152315

Pinal County

307011701

307011709

307012008

307012207

308102604

308102605

315220501

315220701

315220904

Yuma County

321010208

321010210E

321010301

32101SEC11

321033501

321033502

321033503

321040405

321040911

321040912

321040915

321040917

321041903

321041904

321041908

321041918

321042903

323030401

323030501

323030504

323030505

323030507

323030508

323030605A

323030608A

323030608B

(3) Surveillance areas.

La Paz County. The area beginning at the point where the

Colorado River intersects the north side of Section 6, Township 7

North, Range 21 West, then east to the northeast corner of Section

1, Township 7 North, Range 21 West, then south to the southeast

corner of Section 36, Township 7 North, range 21 West, then west to

the northeast corner of Section 3, Township 6 North, range 21 West,

then south to the southeast corner of Section 15, Township 5 North,

Range 21 West, then west to the Colorado River, then north up the

Colorado River to the point of beginning.

Maricopa County. The area beginning at the northwest corner of

Section 7, Township 1 South, Range 6 East, then east to the

northeast corner of Section 12, Township 1 South, Range 6 East, then

south to the southeast corner of Section 1, Township 2 South, Range

6 East, then west to the northwest corner of Section 9, Township 2

South, Range 6 East, then south to the southeast corner of Section

32, Township 2 South, Range 6 East, then west to the southwest

corner of Section 33, Township 2 South, Range 5 East, then north to

the northwest corner of Section 4, Township 2 South, Range 5 East,

then east to the southeast corner of Section 36, Township 1 South,

Range 5 East, then north to the southeast corner of Section 25,

Township 1 South, Range 5 East, then west to the southwest corner of

Section 25, Township 1

[[Page 23626]]

South, Range 5 East, then north to the northwest corner of Section

25, Township 1 South, Range 5 East, then east to the northeast

corner of Section 25, Township 1 South, Range 5 East, then north to

the point of beginning;

The area beginning at the northwest corner of Section 19,

Township 4 North, Range 2 West, then east to the northeast corner of

Section 24, Township 4 North, Range 1 West, then south to the

northwest corner of Section 6, Township 3 North, Range 1 East, then

east to the northeast corner of Section 1, Township 3 North, Range 1

East, then south to the southeast corner of Section 36, Township 1

North, Range 1 East, then east to the southwest corner of Section

31, Township 1 North, Range 1 East, then north to the northwest

corner of Section 6, Township 1 North, Range 1 East, then west to

the southwest corner of Section 31, Township 2 North, Range 3 West,

then north to the point of beginning; and

The area beginning at the northwest corner of Section 10,

Township 1 North, Range 5 West, then east to the northeast corner of

Section 9, Township 1 North, Range 4 West, then south to the

southeast corner of Section 4, Township 1 South, Range 4 West, then

west to the southwest corner of Section 3, Township 1 South, Range 5

West, then north to the point of beginning.

Pinal County. The area beginning at the northwest corner of

Section 23, Township 4 South, Range 2 East, then east to the

northeast corner of Section 23, Township 4 South, Range 3 East, then

south to the southeast corner of Section 26, Township 5 South, Range

3 East, then west to the southwest corner of Section 26, Township 5

South, Range 2 East, then north to the point of beginning.

California

(1) Restricted areas for seed.

Imperial County. That portion of Imperial County known as the

Bard-Winterhaven area bounded by a line drawn as follows: Beginning

at the intersection of the west boundary line of Range 22 East and

the California-Arizona State line; then, north along this boundary

line to its intersection with the All American Canal; then

northeasterly along this canal to its intersection with the south

boundary line of Section 25, Township 15 South, Range 23 East; then

east along this line to its intersection with the California-Arizona

State line; then southerly and westerly along this State line to the

point of beginning; and

That portion of Imperial County known as the Palo Verde Valley

(in part) bounded by a line drawn as follows: Beginning at the

intersection of the Riverside-Imperial County line and the

California-Arizona State line; then, westerly and southerly along

this State line to its intersection with the north boundary line of

Township 10 South; then west along this boundary line to its

intersection with the west boundary line of Range 21 East; then

north along this boundary line to its intersection with the

Riverside-Imperial County line; then easterly along this County line

to the point of beginning.

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 the north boundary line of Township

2 South and the California-Arizona State line; then southerly and

southwesterly along this State line to its intersection with the

Riverside-Imperial County line; then westerly along this county line

to its intersection with the west boundary line of Range 21 East;

then north along this boundary line to its intersection with the

north boundary line of Township 2 South; then east along this

boundary line to the point of beginning.

(2) Restricted areas for regulated articles other than seed. The

following numbered fields are restricted areas for the regulated

articles other than seed.

Riverside County

01 Desert

05 Desert

09 Desert

11 Desert

12 Desert

23 Desert

28 Desert

44 Desert

55 Desert

56 Desert

57 Desert

N08 Desert

N09 Desert

N10 Desert

N11 Desert

N14 Desert

N15 Desert

N16 Desert

N17 Desert

N18 Desert

N19 Desert

N26 Desert

N27 Desert

N28 Desert

N29 Desert

N30 Desert

N31 Desert

N32 Desert

N33 Desert

N37 Desert

N42 Desert

N43 Desert

N44 Desert

N45 Desert

N46 Desert

N47 Desert

N48 Desert

N49 Desert

N50 Desert

N51 Desert

N52 Desert

N55 Desert

N56 Desert

N57 Desert

N58 Desert

N59 Desert

N117 Desert

N118 Desert

N119 Desert

N120 Desert

N121 Desert

N128 Desert

N129 Desert

N130 Desert

N136 Desert

(3) Surveillance areas.

Imperial County. That portion of Imperial County known as the

Palo Verde Valley (in part) bounded by a line drawn as follows:

Beginning at the intersection of the Riverside-Imperial County line

and the California-Arizona State line; then, westerly and southerly

along this State line to its intersection with the north boundary

line of Township 10 South; then west along this boundary line to its