Karnal Bunt; Reclassification of Regulated Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-36]

RIN 0579-AA83

Karnal Bunt; Reclassification of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Karnal bunt regulations by removing the

restricted and surveillance area categories of regulated areas and

replacing them with a single classification. As part of this change in

the regulations, we are releasing from regulation most of the areas

that had been designated as restricted areas for seed; removing the

prohibition on planting wheat, durum wheat, and triticale in fields

associated with Karnal bunt; and removing the cleaning requirement for

vegetables grown in those fields. Removing those areas that had been

designated as restricted areas for seed from the regulations greatly

reduces the total area in the southwestern United States that is

regulated for Karnal bunt, and removing the planting prohibition and

the vegetable cleaning requirement eases restrictions on field owners

in the regulated areas. We are also amending the list of regulated

areas to add several fields or areas in three Arizona counties to the

list of regulated areas. These additions to the list of regulated areas

are necessary due to the detection of bunted kernels in fields in those

counties during 1998.

EFFECTIVE DATE: April 28, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,

Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737-1236; telephone (301) 734-8899; fax 301-734-8584;

e-mail: Stephen.R.P[email protected].

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 by spores,

primarily through the movement of infected seed. 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 in the

United States are set forth in ``Subpart--Karnal Bunt'' (7 CFR 301.89-1

through 301.89-16, referred to below as the regulations).

On March 9, 1999, we published in the Federal Register (64 FR

11392-11401, Docket No. 96-016-34) a proposed rule to amend the

regulations by simplifying the classification criteria for regulated

articles; removing the prohibition on planting wheat, durum wheat, and

triticale in fields associated with Karnal bunt; and modifying the

descriptions of the regulated areas in Arizona, California, New Mexico,

and Texas to reflect the elimination of the restricted area for seed

classification and to add new areas of Arizona in which bunted kernels

were detected during sampling conducted in 1998. We also proposed to

remove the requirement for cleaning soil and plant debris from

vegetable crops grown in fields associated with Karnal bunt.

We solicited comments concerning our proposal for 30 days ending

April 8, 1999. We received six comments by that date. They were from

State agricultural agencies, a State wheat commission, and a grain and

seed company. All six commenters supported the proposed rule. Five of

those commenters did, however, raise issues related to the proposed

rule or the Karnal bunt program. Those issues are discussed below.

Deregulation

Comment: The final rule should state that a regulated field will be

released from regulation once it has produced a Karnal bunt host crop

that tests negative for spores and bunted kernels.

Response: Although we have not made the change suggested by the

commenter in this final rule, we are considering that suggestion as an

option for the future, especially with regard to the fields that were

determined in 1996 to have been planted with seed from a lot found to

contain a bunted wheat kernel, since no bunted kernels were found in

wheat grown in those fields. Because the planting of Karnal bunt host

crops in regulated fields will only now be possible as a result of this

final rule, the first host crop could not be planted until the fall of

1999 and would not be harvested until the spring of 2000. We will use

that time to consider the opportunities that we may have for further

deregulation such as that suggested by the commenter. In the event that

we determine that it would be appropriate to pursue a deregulatory

approach such as that suggested by the commenter, we will initiate

rulemaking to amend the regulations in time for the results of post-

harvest testing in the spring of 2000 to be taken into account.

Comment: APHIS should provide producers with a description of the

long-term future of the Karnal bunt regulations that includes the

specifics of a regulatory protocol for the eventual deregulation of

Karnal bunt.

Response: We cannot, at the present time, predict the long-term

future of the Karnal bunt regulations or specify a regulatory protocol

for the eventual deregulation of Karnal bunt. Outstanding issues, most

notably the continuing discussions with our trading partners as to

whether Karnal bunt should be regarded as a quarantine pest or a

grading issue, make it difficult to predict with any degree of

certainty what our regulations might look like in the future. In

addition, as noted in the response to the previous comment, we are

exploring whether there may be opportunities for further deregulation.

Our continuing Karnal bunt program, as well as any changes that might

be made to it in the future, will be guided by the program's stated

objectives of protecting export markets, protecting producers in

uninfected areas, and providing as many

[[Page 23750]]

options as possible for producers in regulated areas.

Timeliness of Regulations

Comment: The 1999 growing season regulatory protocols must be

provided in order for growers to be able to make educated decisions

about their production and contract plans for the coming year.

Response: We have made every effort to ensure that this final rule

is published and effective prior to the 1999 harvest season. By doing

this, we will not only relieve restrictions on the movement of grain

and seed harvested in the areas released from regulation, but we will

also ensure that this rule is in place with ample time for growers to

be able to consider their options prior to the fall planting season.

Surveys

Comment: The deregulation of areas appears to be legitimate as long

as adequate and timely surveys will be conducted to ensure that the

boundaries of the regulated area adequately encompass the infected

area. However, the National Survey protocol for detecting Karnal bunt

outside of regulated areas does not appear to be adequate for those

purposes, especially in areas where spores have been found.

(Conversely, another commenter stated that the grain produced in the

areas removed from regulation should not be subjected to more stringent

tests than grain from any other non-regulated area in the United

States.)

Response: We agree that there is a need for maintaining adequate

delimiting surveys and detection programs. In addition to the survey

and detection activities that are carried out as part of the regulatory

program within those areas of Arizona, California, New Mexico, and

Texas that have been designated as regulated areas, we will continue to

conduct our National Survey of all wheat production areas in the United

States in order to gather information about the presence or absence of

Karnal bunt. In the National Survey, composite wheat samples are

collected, in proportion to wheat production, at points of aggregation

near wheat production so that all samples are identifiable to at least

the county level. The intensity of the National Survey provides a high

level of confidence that Karnal bunt is not detectable in those parts

of our wheat production system that contribute to the export trade and

generates information about potential infections in new areas.

Therefore, we believe that our ongoing regulatory program and National

Survey activities will continue to provide the assurances sought by the

commenter and by our trading partners regarding the Karnal bunt status

of areas released from regulation, as well as areas outside the

regulated areas.

Testing

Comment: The bunted kernel standard for the movement of grain from

regulated areas is a concern because most of our trading partners have

not recognized that standard. The standard for movement should not

place our exports in jeopardy, as that would be in conflict with the

Karnal bunt program's stated objective of protecting export markets. To

that end, operational procedures should be developed that define the

testing methodology and that new technologies should be considered that

meet that objective.

Response: Although our use of the bunted kernel standard was not

among the issues raised in the proposed rule, we would like to respond

to this comment by stating that we are currently engaged in discussions

with our trading partners regarding the appropriateness of using the

bunted kernel standard--as opposed to a teliospore standard--to certify

grain for international movement. Considerations such as new

technologies and operational procedures that define testing methodology

are part of those discussions. Using the bunted kernel standard, which

we have followed since 1997, is consistent with our conclusion that the

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

determination that Karnal bunt disease is present in an area or

article, but we believe that we must take the concerns of our trading

partners seriously if we are to continue to protect our grain export

markets. To that end, we are preparing a position paper on the use of

the bunted kernel standard as opposed to a teliospore standard. That

position paper, and our trading partners' response to it, will be used

as we continue our consideration of this issue.

Quarantine Status of Karnal Bunt

Comment: Karnal bunt is not a dangerous plant pest, and the USDA

has failed to educate the United States' trading partners as to the

insignificance of the disease.

Response: The position that Karnal bunt is a grading or quality

issue rather than a quarantine issue is one that has been discussed in

international trade and scientific circles. Indeed, we have raised that

issue at every opportunity with our trading partners. However, until

such time as our trading partners view the disease as a grading issue

rather than a quarantine issue, we believe that it will be necessary to

continue our Karnal bunt-related regulatory activities and restrictions

in order to protect our international agricultural standing.

Compensation

Comment: Compensation should continue to be made available to

growers located in the areas that remain under regulation.

Response: The issue of compensation was not raised in the proposed

rule and is, therefore, outside the scope of this final rule. Rather,

compensation has been, and will continue to be, addressed in separate

rulemakings that focus exclusively on that issue.

Therefore, for the reasons given in the proposed rule and in this

document, we are adopting the proposed rule as a final rule without

change.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register.

By removing the restricted and surveillance area categories of

regulated areas and replacing them with a single classification, this

rule releases certain areas in Arizona, California, New Mexico, and

Texas from their designation as restricted areas for seed, which means

that those areas will no longer be regulated areas under the Karnal

bunt regulations. This will eliminate the requirement for the testing

and treatment of seed grown in those areas. Further, this rule removes

the prohibition on planting wheat, durum wheat, and triticale in fields

associated with Karnal bunt and removes the cleaning requirement for

vegetables grown in those fields. These changes will greatly reduce the

total area in the southwestern United States that is regulated for

Karnal bunt and will ease restrictions on field owners in those areas

that remain under regulation. Although this rule also adds several

fields or areas in three Arizona counties to the list of regulated

areas, their addition to that list will not result in any new

restrictions because those fields and areas have been designated as

regulated areas under the temporary designation provisions of

Sec. 301.89-3(d) since 1998 based on the detection of bunted kernels.

Therefore, the Administrator of the Animal and Plant Health Inspection

Service has determined that this rule should be effective upon

signature.

[[Page 23751]]

Executive Order 12866 and Regulatory Flexibility Act

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

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

We are amending the Karnal bunt regulations by removing the

restricted and surveillance area categories of regulated areas and

replacing them with a single classification. As part of this change in

the regulations, we are releasing from regulation most of the areas

that had been designated as restricted areas for seed; removing the

prohibition on planting wheat, durum wheat, and triticale in fields

associated with Karnal bunt; and removing the cleaning requirement for

vegetables grown in those fields. We are also adding several fields or

areas in three Arizona counties to the list of regulated areas based on

the detection of bunted kernels in fields in those counties during

1998.

Our modifications to the way regulated areas are classified will

benefit the growers who have fields that had been designated as

restricted areas for regulated articles other than seed and fields that

are located in restricted areas for seed lying outside the surveillance

areas. Growers in the areas that had been designated as surveillance

areas will be largely unaffected by these changes. Removing those areas

that had been designated as restricted areas for seed from the

regulations will greatly reduce the total area in the southwestern

United States that is regulated for Karnal bunt.

Even though the restricted area for regulated articles other than

seed classification will be removed under this rule, those fields that

had been designated as such will remain under regulation because they

are still either part of a regulated area or are themselves regulated

areas. However, this rule will have the effect of relaxing the

restrictions that have applied to the fields. Growers will have the

option of planting wheat, durum wheat, or triticale in the fields,

which is an option that had not been available to them. Wheat, durum

wheat, or triticale grown as grain (not seed) in those fields will be

eligible for unrestricted movement under a certificate if it is tested

and found free from bunted kernels prior to its movement from the field

or before it is commingled with other grain. If bunted kernels are

found, the grain will still be eligible for movement, but only under a

limited permit that requires that the grain be moved to a specified

destination for specified handling, utilization, or processing that

will destroy the Karnal bunt or mitigate the risk of its spread. These

are the same conditions that had been applied to the movement of grain

from surveillance areas.

There are about 60 growers located in areas that had been

designated as restricted areas for regulated articles other than seed

(approximately 18,000 agricultural acres). The number, if any, of these

growers who will now choose to plant wheat is unknown. In deciding on

whether to plant wheat rather than another crop, growers will no doubt

weigh a variety of factors, including the likelihood of producing

Karnal-bunt-positive wheat, the likelihood of receiving compensation

for any positive wheat that is produced, and the profitability of the

alternative crop (which can be comparable, or nearly comparable, to the

profitability of wheat). However, information as to how individual

growers might respond to those factors, and thus whether they will

choose to resume planting wheat, is not available.

Vegetable growers with fields that had been in areas designated as

restricted areas for regulated articles other than seed will also

benefit from the removal of that regulatory category, as it will result

in the lifting of the cleaning requirement that had applied to

vegetables grown in those fields. The benefit is not likely to be

significant for most growers, since about 90 percent of the soil is

routinely removed from vegetables during harvesting. There are about 10

vegetable growers with fields in areas that had been designated as

restricted areas for regulated articles other than seed.

Wheat seed growers with fields in areas that had been designated as

restricted areas for seed, but that are located outside the areas that

had been designated as surveillance areas, will also benefit from the

modifications to the classification of regulated areas, since most will

no longer be regulated. In the absence of regulation, they will be able

to grow and move commercial wheat seed without restriction. These

growers had been able to move commercial wheat seed outside the

regulated area only if it tested negative for Karnal bunt, had been

chlorine drenched, and had been treated with a fungicide. The cost of

treatment, but not testing, was borne by those growers. The cost of

seed treatment varies widely among seed handlers, depending largely on

labor and overhead costs. One handler, for example, calculated the

total cost of treating 100 lbs. of seed at $7.10, while another handler

calculated that cost at $3.10. Regardless of the cost, there is reason

to believe that most seed handlers will continue the fungicide

treatments, even with this final rule, with the costs of those

fungicide treatments continuing to be passed along to purchasers of the

seed. Several handlers reported that they routinely treated seed prior

to 1996, before Karnal bunt was detected and restrictions were imposed.

That, plus the likelihood that only a small portion of the acreage in

the restricted areas for seed will be planted with seed, suggest that

the benefits of this rule will be minimal in this respect. We estimate

that only about 7 percent of the agricultural acreage in restricted

areas for seed is planted with wheat, and of that acreage, only about

10 percent is planted for seed. This disparity in favor of grain over

seed is not expected to change in the near term, regardless of this

regulatory change, given the current poor market conditions for seed

and the fact that stored seed from previous years remains available.

There are approximately 563 wheat growers in areas that had been

designated as restricted areas for seed. The restricted areas for seed

encompassed about 1,958,000 agricultural acres, or 88 percent of the

total regulated area of 2,214,000 agricultural acres.

Wheat growers in areas that had been designated as surveillance

areas will be largely unaffected by this rule because they will remain

regulated and will be subject to the same restrictions on the movement

of regulated articles as they had been. There are 149 wheat growers in

areas that had been designated as surveillance areas, which together

comprise about 239,000 agricultural acres.

Also, this rule adds certain areas in Arizona to the list of

regulated areas due to the detection of bunted kernels in those areas

during sampling conducted in 1998. Because all of these new areas are

located in areas that had been designated as restricted areas for seed,

their proposed designation as regulated areas under this rule is not

expected to have a significant effect. The changes that will result

from the redesignation are that commercial lots of wheat seed will no

longer be eligible for movement from those areas and grain grown in

those areas will have to be tested for bunted kernels before being

moved from the regulated area. We do not believe that adding these

fields or areas to the list of regulated areas will have a significant

economic impact on growers because, as noted above, little commercial

seed was produced in those areas. Further, growers have been able to

plant alternative crops without

[[Page 23752]]

restriction and grain could be grown subject to testing prior to

movement from the regulated area.

Economic Impact on Small Entities

The Regulatory Flexibility Act requires that agencies consider the

economic impact of rule changes on small businesses, organizations, and

governmental jurisdictions. Those entities most likely to be affected

by this rule are wheat growers located in areas that had been

designated as restricted areas for seed that will no longer be

regulated, vegetable growers who will no longer have to clean their

crops before movement, and wheat growers located in areas that are

being added to the regulated areas due to the detection of Karnal bunt

in 1998.

We estimate that there are approximately 588 wheat growers (324 in

Arizona, 21 in California, 200 in New Mexico, and 43 in Texas) located

in those portions of the former restricted areas that will no longer be

regulated. We estimate that there are 60 growers of non-wheat crops

located in areas that had been designated as restricted areas for

regulated articles other than seed who will no longer be required to

clean their crops as a condition of movement. Finally, we estimate that

there are seven wheat growers in Arizona who have fields located in

areas that had been designated as restricted areas for seed that have

been added to the list of regulated areas. Most of the wheat growers

are assumed to have gross receipts of less than $0.5 million, the U.S.

Small Business Administration's threshold for classifying wheat

producers as small entities. Accordingly, the economic impact of the

rule will be mostly on small entities.

Growers located in areas that had been designated as restricted

areas for regulated articles other than seed and growers in areas that

had been designated as restricted areas for seed will benefit from this

rule. The addition of certain areas in Arizona to the list of regulated

areas will have a negative economic impact on affected growers.

However, for the reasons discussed above, neither aspect of this rule

is expected to have a significant economic impact on a substantial

number of entities, large or small.

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 rule contains no new information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

follows:

Authority: 7 U.S.C. 147a, 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 ``, or, in the case of restricted areas,

as determined by an inspector''.

3. In Sec. 301.89-3, paragraphs (e) and (f) are revised to read as

follows:

Sec. 301.89-3 Regulated areas.

* * * * *

(e) The Administrator will classify a field or area as a regulated

area when:

(1) It is a field planted with seed from a lot found to contain a

bunted wheat kernel; or

(2) It is 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 area's proximity to a field found during survey to contain a bunted

kernel); or

(3) It is a distinct definable area that contains at least one

field that 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 (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 a field that has been associated with grain at a handling

facility containing a bunted kernel).

(f) The following areas or fields are designated as regulated areas

(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

La Paz County. Beginning at the point where the Colorado River

intersects the north side of sec. 32, T. 8 N., R. 21 W.; then east to

the northeast corner of sec. 36, T. 8 N., R. 21 W.; then south to the

southeast corner of sec. 1, T. 6 N., R. 21 W.; then west to the

southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the

intersection of the Colorado River; then northwest along the Colorado

River to the point of beginning; and

Beginning at the northeast corner of sec. 22, T. 6 N., R. 21 W.;

then south to the southeast corner of sec. 34, T. 5 N., R. 21 W.; then

west to the Colorado River; then north along the Colorado River to the

northern side of sec. 21, T. 6 N., R. 22 W.; then east to the point of

beginning.

Maricopa County. Beginning at the southeast corner of sec. 33, T. 6

S., R. 5 W.; then west to the southwest corner of sec. 32, T. 6 S., R.

7 W.; then north to the northwest corner of sec. 5, T. 5 S., R. 7 W.;

then east to the northeast corner of sec. 4, T. 5 S., R. 5 W.; then

south to the point of beginning; and

Beginning at the southeast corner of sec. 25, T. 1 S., R. 1 E. and

the intersection of the Maricopa/Pinal County line; west to the

southwest corner of sec. 28, T. 1 S., R. 5 W.; then north to the

northwest corner of sec. 4, T. 1 N., R. 5 W.; then east to the

southwest corner of sec. 31, T. 2 N., R. 2 W.; then north to the

northwest corner of sec. 31, T. 4 N., R. 2 W.; then east to the

northeast corner of sec. 36, T. 4 N., R. 1 W.; then south to the

southeast corner of sec. 36, T. 4 N., R. 1 W.; then east to the

northeast corner of sec. 5, T. 3 N., R. 2 E.; then south to the

southeast corner of sec. 32, T. 2 N., R. 2 E.; then east to the

northeast corner of sec. 6, T. 1 N., R. 3 E.; then south to the

southeast corner of sec. 7, T. 1 S., R. 3 E.; then west to the

southwest corner of sec. 10, T. 1 S., R. 2 E.; then south to the

southeast corner of sec. 28, T. 1 S., R.

[[Page 23753]]

2 E.; then west to the intersection of the Maricopa/Pinal county line;

then north, west and south along the county line to the point of

beginning; and

Beginning at the intersection of Interstate 10 and the Maricopa/

Pinal County line; then east and north along the county line to the

northeast corner of sec. 1, T. 2 S., R. 7 E.; then west to the

southeast corner of sec. 31, T. 1 S., R. 7 E.; then north to the

northeast corner of sec. 31, T. 1 N., R. 7 E.; then west to the

northwest corner of sec. 31, T. 1 N., R. 6 E.; then north to the

northeast corner of sec. 1, T. 2 N., R. 5 E.; then west to the

northwest corner of sec. 6, T. 2 N., R. 5 E.; then south to the

southwest corner of sec. 31, T. 2 N., R. 5 E.; then west to the

northwest corner of sec. 2, T. 1 N., R. 4 E.; then south to the

northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the

intersection of Interstate 10; then south and east to the point of

beginning; and

The following individual fields in Maricopa County are regulated

areas:

301060505

301060506

301060601

301060602

301060603

301060604

304073004

304073005

304073010

304081410

304081413

304081415

304081417

304081505

304081506

304082202

304082302

304082303

304082607

304082703

306013222

306013231

306020404

306020501

306020601

306020623

316131901

316131904

316132302

316132604

Pinal County. Beginning at the intersection of the Maricopa/Pinal

County line and the northwest corner of sec. 6, T. 2 S., R. 8 E.; then

east to the northeast corner of sec. 2, T. 2 S., R. 8 E.; then south to

the southeast corner of sec. 14, T. 3 S., R. 8 E.; then west to the

southeast corner of sec. 14, T. 3 S., R. 6 E.; then south to the

southeast corner of sec. 26, T. 4 S., R. 6 E.; then west to the

southeast corner of sec. 26, T. 4 S., R. 4 E.; then south to the

southeast corner of sec. 22, T. 6 S., R. 4 E.; then west to the

southwest corner of sec. 19, T. 6 S., R. 3 E.; then north to the

southeast corner of sec. 13, T. 6 S., R. 2 E.; then west to the

southwest corner of sec. 16, T. 6 S., R. 2 E.; then north to the

northwest corner of sec. 9, T. 4 S., R. 2 E.; then east to the

southwest corner of sec. 6, T. 4 S., R. 4 E.; then north to the

northwest corner of sec. 6, T. 4 S., R. 4 E.; then east to the

northwest corner of sec. 6, T. 4 S., R. 5 E.; then north to the

intersection of the Maricopa/Pinal County line; then east and north

along the county line to the point of beginning; and

The following individual fields in Pinal County are regulated

areas:

308102604

308102605

309021801

309021804

309021812

309031304

309033507

309042544

309042545

309042601

309042607

309042619

309050104

309050109

309050207

Yuma County. The following individual fields in Yuma County are

regulated areas:

321010208

321010210

321010211

321010224

321010301

321010302

321011103

321033501

321033502

321033503

321033516

321033517

321033518

321033519

321040405

321040911

321040912

321040915

321040917

321040918

321040921

321040922

321041903

321041904

321041908

321041919

321042903

323030401

323030402

323030403

323030404

323030405

323030406

323030501

323030502

323030512

323030513

323030514

323030515

323030521

California

Imperial County. Beginning at the intersection of the Riverside/

Imperial County line and the California/Arizona State line; then west

to the northwest corner of sec. 1, T. 9 S., R. 21 E.; the south to the

California/Arizona State line; then east and north along the State line

to the point of beginning.

Riverside County. Beginning at the intersection of the Riverside/

Imperial County line and the California/Arizona State line; then west

to the southwest corner of sec. 31, T. 8 S., R. 22 E.; then north to

the northwest corner of sec. 30, T. 7 S., R. 22 E.; then north and

northeast along the Palo Verde Valley agriculture area to the

intersection of the California/Arizona State line; then south along the

State line to the point of beginning.

New Mexico

Dona Ana County. The following individual fields in Dona Ana County

are regulated areas:

113040501

113040502

113040506

113040507

113040508

113040601

113040602

113040702

113040902

113042601

113042602

113042707

113042708

113043401

113043407

113043503

113043508

113043509

113050201

113050202

113050301

113060701

113060702

113060703

113060801

113060809

113060901

113060902

113070702

113072701

113072702

113072703

113072704

113072705

113072706

113173103

113210401

113210402

113210403

113210406

113210407

113210808

113212103

113212802

113212806

113241601

113242708

[[Page 23754]]

Hidalgo County. The following individual fields in Hidalgo County

are regulated areas:

123272403

123353001

Luna County. The following individual fields in Luna County are

regulated areas:

129011301

129012201

129013003

129013006

129022502

129060806

129060901

129060902

129062001

129062801

129062802

129232801

129232804

129232805

129232806

129292404

129300506

129300608

129301104

129301301

129301401

129301701

129301801

129301806

129302001

129302702

129303302

129440601

129440602

129440701

129440702

129440703

129440708

129440801

129441701

Sierra County. The following individual fields in Sierra County are

regulated areas:

151013401

151441201

151441202

151441306

151442201

151442601

151442602

151442603

151442604

151442605

151442606

151442607

151442608

151442609

151442610

151442611

151442612

151442613

151442614

151442701

151443501

151443502

151443503

151443601

151443602

151443603

151443604

151451306

151453001

151453101

151453102

151453103

151453104

151502801

Texas

El Paso County. The following individual fields in El Paso County

are regulated areas:

441141301

441142301

441142302

441142303

441142304

441142305

441142306

441142307

441142401

441142402

441142403

441142404

441241301

441241302

441252801

441252803

441252804

441252901

441253201

441253302

441253401

Hudspeth County. The following individual fields in Hudspeth County

are regulated areas:

429050701

429050702

429070101

429070102

McCulloch County. Beginning at the McCulloch/San Saba County line

and the line of latitude 31.232299 N.; then west along the line of

latitude 31.232299 N. to the line of longitude -99.13473 W.; then north

along the line of longitude -99.13473 W to the line of latitude

31.31004 N.; then east along the line of latitude 31.31004 N. to the

line of longitude -99.11427 W.; then north along the line of longitude

-99.11427 W to the line of latitude 31.283487 N.; then east along the

line of latitude 31.283487 N. to the McCulloch/San Saba County line;

then south to the point of beginning.

San Saba County. Beginning at the San Saba/Mills County line and

the line of longitude -98.5851 W.; then south along the line of

longitude -98.5851 W to the line of latitude 31.167959 N.; then west

along the line of latitude 31.167959 N. to the line of longitude -

98.903233 W.; then north along the line of longitude -98.903233 W. to

the line of latitude 31.310819 N.; then east along the line of latitude

31.3100819 N. to the San Saba/Mills County line; then south along the

San Saba/Mills County line to the point of beginning; and

Beginning at the San Saba/McCulloch County line and the line of

latitude 31.283487 N.; then east along the line of latitude 31.283487

N. to the line of longitude -99.063487 W.; then south along the line of

longitude -99.063487 W. to the line of latitude 31.232299 N.; then west

along the line of latitude 31.232299 N. to the San Saba/McCulloch

County line; then north along the San Saba/McCulloch County line to the

point of beginning.

4. Section 301.89-4 is revised to read as follows:

Sec. 301.89-4 Planting.

Wheat, durum wheat, and triticale may be planted in all fields

within a regulated area. All wheat seed, durum wheat seed, and

triticale seed that originates within a regulated area must be tested

and found free from spores and bunted wheat kernels, then treated with

a fungicide in accordance with Sec. 301.89-13(d), before it may be

planted within a regulated area.

Sec. 301.89-6 [Amended]

5. Section 301.89-6 is amended as follows:

a. In paragraph (b), the word ``surveillance'' is removed and the

word ``regulated'' is added in its place.

b. Paragraph (d) is removed and paragraph (e) is redesignated as

paragraph (d).

Sec. 301.89-12 [Amended]

6. In Sec. 301.89-12, paragraph (b) is removed and reserved.

Sec. 301.89-13 [Amended]

7. In Sec. 301.89-13, paragraph (f) is removed.

Done in Washington, DC, this 28th day of April 1999.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-11128 Filed 5-3-99; 8:45 am]

BILLING CODE 3410-34-P