Karnal Bunt; Reclassification of Regulated Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-34]

RIN 0579-AA83

Karnal Bunt; Reclassification of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Karnal bunt regulations by

removing the current restricted and surveillance area categories of

regulated areas and replacing them with a single classification. As

part of this proposed change in the regulations, we would release from

regulation most of the areas currently designated as restricted areas

for seed; remove the prohibition on planting wheat, durum wheat, and

triticale in fields associated with Karnal bunt; and remove the

cleaning requirement for vegetables grown in those fields. Removing

those areas currently designated as restricted areas for seed from the

regulations would greatly reduce the total area in the southwestern

United States that is regulated for Karnal bunt, and removing the

planting prohibition and the vegetable cleaning requirement would ease

restrictions on field owners in the regulated areas. We are also

proposing to amend the list of regulated areas to add several fields or

areas in three Arizona counties to the list of regulated areas. These

proposed additions to the list of regulated areas are necessary due to

the detection of bunted kernels in fields in those counties during

1998.

DATES: Consideration will be given only to comments received on or

before April 8, 1999.

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

Docket No. 96-016-34, 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. 96-016-34. 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. Stephen Poe, Operations Officer,

Domestic and Emergency Operations, 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 301.89-14, referred to below as the regulations).

The regulations in Sec. 301.89-3(e) currently provide three

classification categories for fields or areas within an area regulated

for Karnal bunt. Those categories are:

Restricted areas for seed. A restricted area for seed is a

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

(1) found during survey to contain a bunted wheat kernel, (2) planted

with seed from a lot found to contain a bunted wheat kernel, or (3)

found during survey to contain spores consistent with Karnal bunt and

determined to be associated with grain at a handling facility

containing a bunted wheat kernel.

Restricted areas for regulated articles other than seed.

Individual fields are designated as restricted areas for regulated

articles other than seed under the following circumstances: (1) The

field was found during survey to contain a bunted wheat kernel, (2) the

field was planted with seed from a lot found to contain a bunted wheat

kernel, or (3) 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.

Surveillance areas. A surveillance area is a distinct

definable 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 because of its

association with grain at a handling facility containing a bunted

kernel.

For the purposes of the production and movement of wheat, durum

wheat, and triticale, the regulatory restrictions that currently apply

to each category vary. Wheat, durum wheat, and triticale may not be

planted in a restricted area for regulated articles other than seed.

Those crops may be grown in a surveillance area and moved out of the

regulated area as grain with a certificate if tested and found free

from Karnal bunt or with a limited permit if bunted kernels are

detected during testing. Commercial lots of wheat, durum wheat, or

triticale seed grown in a surveillance area may not be moved out of the

regulated area. Finally, wheat, durum wheat, and triticale may be grown

as grain or seed in a restricted area for seed; grain grown in a

restricted area for seed may be moved from the regulated area without

restriction, and seed grown in a restricted area for seed may be moved

from the regulated area if it meets certain eligibility criteria and

has been tested and treated.

In this document, we are proposing 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 are also

[[Page 11393]]

proposing to remove the requirement for cleaning soil and plant debris

from vegetable crops grown in fields associated with Karnal bunt. These

proposed changes are discussed below.

Reclassification of Regulated Areas

As discussed above, the current regulations provide for fields and

areas to be classified as restricted areas for seed, restricted areas

for regulated articles other than seed, and surveillance areas. In this

document we are proposing to remove those three categories and replace

them with a single classification, ``regulated area.'' The proposed new

regulated area classification would be the same as the current

surveillance area classification in most respects, both in terms of the

areas under regulation and the requirements for the production and

movement of regulated articles. In those instances where there are

individual fields listed in the regulations and those fields are not

surrounded by surveillance areas--this is the case in New Mexico,

western Texas (El Paso and Hudspeth Counties), and parts of Arizona

(all of Yuma County and limited areas of Maricopa and Pinal Counties)--

those individual fields would themselves be designated as regulated

areas.

The proposed elimination of the restricted area for seed

classification would mean, in almost all cases, that only those areas

currently designated as surveillance areas or restricted areas for

regulated articles other than seed would remain under regulation. (The

exceptions would be found in La Paz, Maricopa, and Pinal Counties, AZ,

where the proposed new regulated areas would include some areas

currently designated as restricted areas for seed in order to reflect

the detection of bunted kernels in new fields during 1998.) We are

proposing to eliminate the restricted area for seed classification,

along with the testing and treatment requirements that currently apply

to commercial seed grown in those areas, because the data we have

accumulated during the last 3 years of surveys indicates that Karnal

bunt is not present in the restricted areas for seed. Given that

apparent freedom from Karnal bunt, we do not believe that it is

necessary to continue placing restrictions on the movement of seed from

those areas currently designated as restricted areas for seed.

We are proposing to revise Sec. 301.89-3(e) to remove the

classification criteria for the three current restricted and

surveillance area categories and replace them with criteria for

classifying regulated areas. Under these proposed criteria, a field or

area would be classified as a regulated area when:

It is a field planted with seed from a lot found to

contain a bunted wheat kernel; or

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

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).

These proposed criteria combine some aspects of the three sets of

criteria currently used to classify restricted and surveillance areas.

As under the existing classification criteria, it is the link between a

field and bunted kernels that would lead to a field or area being

classified as a regulated area. That link is established when: (1) A

field has been determined to have been planted with seed from a lot

found to contain a bunted wheat kernel, (2) when the field was found

during survey to contain a bunted kernel, or (3) when the field was

found during survey to contain spores and the grain from that field has

been associated with grain at a handling facility found to contain

bunted kernels.

In the first instance, it has only been established that a field

was planted with seed from a lot found to contain bunted kernels; it

has not been established that Karnal bunt is present in the field

because no bunted kernels have been found in wheat grown in that field.

For that reason, the proposed classification criteria, like the

existing classification criteria, do not provide for buffer or

surveillance areas to be established around the fields planted with

seed from a lot containing bunted kernels.

However, in the latter two instances, it has been determined that

Karnal bunt is present in a field or that there is the very high

likelihood that Karnal bunt is present in a field. (These are the

fields that were found to contain bunted kernels or that were found to

contain spores and were associated with grain in a handling facility

found to contain bunted kernels.) Given the high degree of certainty

regarding the presence of Karnal bunt in those fields, we believe that

there is a higher risk that Karnal bunt might be spread from the fields

through natural or artificial means. Therefore, the proposed

classification criteria, like the existing classification criteria,

provide for the fields to be surrounded by buffer areas--i.e., distinct

definable areas--that are sufficient to ensure that the appropriate

testing and cleaning measures are applied to regulated articles before

they are moved out of the regulated area in order to minimize the risk

that they will artificially spread Karnal bunt. As is the case under

the current regulations, the boundaries of the distinct definable area

would 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.

The requirements that would apply to the movement of grain grown in

a regulated area would be the same as the requirements that are

currently found in Sec. 301.89-6(b) regarding the movement of grain

grown in a surveillance area. Specifically, to be eligible for

unrestricted movement under a certificate, grain from a field within a

regulated area would have to be tested and found free from bunted

kernels prior to its movement from the field or before it was

commingled with other grain. If bunted kernels were found, the grain

would be eligible for movement only under a limited permit issued in

accordance with Sec. 301.89-6(c), which 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. The requirements that would apply to the movement of wheat,

durum wheat, and triticale grown as seed within a regulated area would

also be the same as the requirements that apply to the movement of seed

grown in a surveillance area, i.e., only seed used for research or

germplasm purposes, and not commercial lots of seed, would be eligible

for movement from the regulated area. These requirements have proven

adequate to prevent the dissemination of Karnal bunt through the

movement of grain and seed grown in a surveillance area, and we believe

that they would be similarly effective in preventing the spread of

Karnal bunt through the movement of grain and seed grown in a regulated

area.

Currently, Sec. 301.89-4 prohibits the planting of wheat, durum

wheat, and

[[Page 11394]]

triticale in fields that are designated as restricted areas for

regulated articles other than seed. As part of our proposed removal of

the restricted area for regulated articles other than seed

classification, we are also proposing to remove that planting

prohibition. We are proposing this change because we believe that the

intended use of any wheat, durum wheat, and triticale grown in those

currently restricted fields, plus the efficacy of the available Karnal

bunt testing methods, would together serve to reduce the risk of grain

grown in those fields spreading Karnal bunt outside the regulated

areas. First, we recognize that it is the movement of contaminated seed

that presents the greatest risk of spreading Karnal bunt. Because of

that, all wheat, durum wheat, and triticale grown in a currently

restricted field would be prohibited from being used as commercial seed

outside the regulated area. As is the case currently for seed grown in

a surveillance area, wheat, durum wheat, or triticale grown anywhere in

the proposed new regulated area, including those currently restricted

fields, could be used for seed outside the regulated area only as

research or germplasm seed and only if it was treated in accordance

with Sec. 301.89-13(e) prior to its use. These limitations on the use

of Karnal bunt host crops as seed mean the vast majority, if not all,

of the wheat, durum wheat, and triticale grown in the proposed new

regulated area, including those currently restricted fields, would be

sold as grain. Second, all wheat, durum wheat, and triticale grown in

the currently restricted fields would have to be tested and found free

from bunted kernels prior to its movement from the field or before it

was commingled with other grain to be eligible for unrestricted

movement under a certificate. That required testing, which is currently

required for Karnal bunt host crops grown in a surveillance area, has

proven to be an effective means of detecting the presence of Karnal

bunt. If bunted kernels were found, the grain would be eligible for

movement only under a limited permit, which 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. Taken together, we believe that these use limitations,

testing requirements, and movement restrictions would be sufficient to

prevent the spread of Karnal bunt from the previously restricted

fields. We believe our proposed removal of the planting prohibition

would allow the owners of those previously restricted fields to make

their own planting decisions while continuing to protect against the

spread of Karnal bunt from the regulated areas.

Regulated Areas

We are proposing to amend the list of regulated areas in

Sec. 301.89-3(f) to reflect the proposed removal of the restricted and

surveillance area classifications and their replacement with a single

regulated area classification. As discussed above, this proposed change

in the regulations would result in the removal of large areas in

Arizona, California, New Mexico, and Texas--those areas currently

designated as restricted areas for seed--from the regulations. In

Arizona, however, we would add new fields or areas as regulated areas

in La Paz, Maricopa, and Pinal Counties as a result of the detection of

bunted kernels in new fields during sampling conducted in 1998. The

regulated areas would continue to be listed alphabetically by State,

with regulated areas and fields within each State being listed by

county. Where individual fields are listed, they would be designated by

specific field numbers.

Arizona

Under the current regulations, all of La Paz County is designated

as a restricted area for seed and four individual fields that had been

found to contain bunted kernels are designated as restricted areas for

regulated articles other than seed. Two portions of the county, each of

which surrounds two of the four listed fields, are designated as

surveillance areas.

Under this proposed rule, La Paz County would no longer be

designated as a restricted area for seed. In addition, the four

currently listed fields that fall within the surveillance areas

described in the current regulations would no longer be individually

listed in the regulations. Those four fields, along with three new

fields in the northern surveillance area that were identified as

containing bunted kernels during sampling conducted in 1998, would fall

within the proposed new regulated areas in La Paz County, which are

equivalent to the surveillance areas in the county described in the

current regulations. The southern regulated area would remain the same

as the surveillance area described in the current regulations, while

the northern regulated area would be somewhat larger than its

corresponding surveillance area due to the need to incorporate an

appropriate buffer area around the three new fields in which bunted

kernels were detected in 1998. The boundaries of the areas in La Paz

County that would be designated as regulated areas are described in

Sec. 301.89-3(f) in the rule portion of this document.

Under the current regulations, all of Maricopa County is designated

as a restricted area for seed and 83 individual fields that had been

found to contain bunted kernels (17 of the 83 fields) or that were

determined to have been planted with contaminated seed (the remaining

66 fields) are designated as restricted areas for regulated articles

other than seed. Portions of the county surrounding the 17 fields that

had been found to contain bunted kernels are designated as surveillance

areas.

Under this proposed rule, Maricopa County would no longer be

designated as a restricted area for seed. In addition, 53 of the

currently listed fields would no longer be individually listed in the

regulations. One of those fields (field no. 316131801) would be removed

entirely because homes have been built on the land, so it is no longer

agricultural acreage. The remaining 52 fields, along with 62 new fields

that were identified as containing bunted kernels during sampling

conducted in 1998, would fall within the proposed new regulated areas

in Maricopa County. The regulated areas in Maricopa County would be

roughly equivalent to the currently described surveillance areas in the

county, although the proposed areas would be larger than their

corresponding surveillance areas due to the need to incorporate

appropriate buffer areas around the 62 new fields in which bunted

kernels were detected in 1998. The remaining 30 currently listed fields

that would not fall within the larger regulated areas would be

individually designated as regulated areas under this proposed rule.

Descriptions of the boundaries of the areas in Maricopa County that

would be designated as regulated areas, along with a list of the 30

fields that would be designated as regulated areas, are found in

Sec. 301.89-3(f) in the rule portion of this document.

Under the current regulations, all of Pinal County is designated as

a restricted area for seed and 10 individual fields that had been found

to either contain bunted kernels (4 of the 10 fields) or were

determined to have been planted with contaminated seed (the remaining 6

fields) are designated as restricted areas for regulated articles other

than seed. A portion of the county surrounding the four fields that had

been found to contain bunted kernels are designated as a surveillance

area.

Under this proposed rule, Pinal County would no longer be

designated

[[Page 11395]]

as a restricted area for seed. In addition, the four currently listed

fields that fall within the surveillance area described in the current

regulations would no longer be individually listed in the regulations.

Those four fields, along with nine new fields that were identified as

containing bunted kernels during sampling conducted in 1998, would fall

within the proposed new regulated area in Pinal County, which is

roughly equivalent to the currently described surveillance area in the

county. The remaining 2 currently listed fields (field nos. 308102604

and 308102605), along with 13 new fields that would be added based on

their association with a bunted kernel detected in a storage facility

in Casa Grande, AZ, would be individually listed as regulated areas

under this proposed rule.

Although those 13 fields were associated with a bunted kernel

detected in a storage facility, they would be added as regulated areas

without a surrounding buffer area. The storage facility in which the

bunted kernel was found had been used in 1997 to store Karnal-bunt-

positive grain, so the possibility was raised that the kernel was from

the 1997 positive lot rather than the 1998 crop, even though the

facility had been cleaned and treated with sodium hypochlorite after

the 1997 crop was removed. Because the 1997 and 1998 lots were of

different durum wheat varieties, we attempted to settle that question

by submitting the bunted kernel to the Agricultural Research Service

laboratory in Lincoln, NE, to confirm its variety. Although the bunted

kernel showed a number of similarities to the 1998 variety, the results

of the protein analysis did not allow us to conclusively determine the

bunted kernel's variety. Without such a confirmation, and given the

fact that other fields in the areas have previously been sampled and

found free from Karnal bunt, there is some degree of uncertainty as to

the Karnal bunt status of those fields. However, in the absence of

negative survey data to the contrary, we cannot exclude the possibility

that the bunted kernel may have come from one of the 13 fields. We

believe, therefore, that it would be appropriate to designate the 13

fields individually as regulated areas without establishing surrounding

buffer areas. This would allow us to address the potential risks

associated with those fields by ensuring that Karnal bunt host crops

grown in those fields would be tested for bunted kernels before they

could be moved from the regulated area.

A description of the boundaries of the area in Pinal County that

would be designated as a regulated area, along with a list of the 20

fields that would be designated as regulated areas, is contained in

Sec. 301.89-3(f) in the rule portion of this document.

Under the current regulations, all of Yuma County is designated as

a restricted area for seed, and 26 fields that had been identified as

having been planted with contaminated seed are listed as restricted

areas for regulated articles other than seed. Because there were no

fields found to contain bunted wheat kernels in Yuma County--only

fields planted with contaminated seed--the current regulations contain

no surveillance areas in Yuma County.

Under this proposed rule, Yuma County would no longer be designated

as a restricted area for seed, which would leave the individual fields

listed in the regulations as the only regulated areas within Yuma

County. Although the proposed regulations list 40 fields rather than

the 26 currently listed in the regulations, we are not proposing to

place any new fields under regulatory restrictions. Rather, the

increase is attributable to nine of the fields listed in the current

regulations being subdivided by their owners into two or more fields in

order to plant other crops. A list of the 40 fields in Yuma County that

would be designated as regulated areas is contained in Sec. 301.89-3(f)

in the rule portion of this document.

California

Under the current regulations, the Bard-Winterhaven area of

Imperial County, CA, is designated as a restricted area for seed. The

area received that designation because it abuts Yuma County, AZ, and

fell within a distinct definable wheat production area that included

fields in Yuma County that were planted with contaminated seed. Because

we are proposing to eliminate the restricted area for seed

classification, and because the Bard-Winterhaven area did not include

any restricted areas for regulated articles other than seed or

surveillance areas, we are proposing to remove the Bard-Winterhaven

area of Imperial County from the regulations.

The regulations in Sec. 301.89-3(f) also currently list 55 fields

in the Palo Verde Valley area of Riverside County, CA, as restricted

areas for regulated articles other than seed based on the detection of

spores in those fields and the fields' association with bunted kernels

found in a storage facility. Based on the restricted status of those

fields, surrounding portions of Imperial and Riverside Counties were

designated as restricted areas for seed, and portions of those counties

in closer proximity to the 55 fields were designated as surveillance

areas.

Under this proposed rule, there would no longer be any restricted

areas for seed in Imperial and Riverside Counties, and those portions

of Imperial and Riverside Counties currently designated as surveillance

areas would be redesignated as regulated areas. The proposed new

regulated areas in Imperial and Riverside Counties would, however, be

somewhat smaller than the current surveillance areas. This is because

our Karnal bunt program staff and State cooperators in California have

adjusted the boundaries to make them more accurate by removing

nonagricultural acreage and areas outside the 3-mile buffer that has

been generally used to establish surveillance areas. We would also

remove the list of the 55 individual fields in Riverside County from

the regulations because those fields, along with four new fields that

were identified as containing bunted kernels during sampling conducted

in 1998, all fall within the area described in the proposed new

regulated area in Riverside County. The boundaries of the proposed

regulated areas in Imperial and Riverside Counties are set forth in the

description of regulated areas contained in Sec. 301.89-3(f) in the

rule portion of this document.

New Mexico

Under the current regulations, there are 106 fields in New Mexico

listed as restricted areas for regulated articles other than seed: 39

in Dona Ana County, 2 in Hidalgo County, 31 in Luna County, and 34 in

Sierra County. These fields were designated as restricted areas for

regulated articles other than seed because they had been identified as

having been planted with contaminated seed. A restricted area for seed

surrounds the fields in each county. Because there were no fields found

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

contaminated seed--the current regulations contain no surveillance

areas in the State.

Under this proposed rule, those same individual fields that were

planted with contaminated seed would be designated as the regulated

areas in New Mexico, and there would no longer be a restricted area for

seed in New Mexico. Again, because there were no fields found to

contain bunted kernels in New Mexico, we do not believe it would be

necessary to designate any buffer areas around the fields designated as

regulated areas, so those fields would be the only regulated areas

within New Mexico. We have, however, modified the numbering convention

used to

[[Page 11396]]

identify the individual fields in New Mexico in this proposed rule.

These proposed new numerical designations, which were made possible as

a result of more up-to-date mapping information, would allow us to

number the fields in a manner consistent with the system used by our

Karnal bunt program staff in Arizona and central Texas. Although the

proposed regulations list 118 fields in New Mexico, as opposed to the

106 fields listed in the current regulations, we are not proposing to

place any new fields under regulatory restrictions. Rather, the

increase is attributable to three large fields in Dona Ana County and

one large field in Luna County being subdivided under the new numbering

system. The individual fields that would be the regulated areas in New

Mexico are listed in the description of regulated areas contained in

Sec. 301.89-3(f) in the rule portion of this document.

Texas

The regulations in Sec. 301.89-3(f) currently describe restricted

areas for seed in 5 Texas counties (El Paso, Hudspeth, McCulloch,

Mills, and San Saba), 42 fields designated as restricted areas for

regulated articles other than seed in 3 counties (20 in El Paso, 4 in

Hudspeth, and 18 in San Saba), and surveillance areas in 3 counties

(McCulloch, Mills, and San Saba).

In El Paso and Hudspeth Counties, the 24 fields currently listed as

restricted areas for regulated articles other than seed were identified

as having been planted with contaminated seed, and the areas

surrounding those fields are designated as restricted areas for seed.

Because there were no fields found to contain bunted wheat kernels in

El Paso and Hudspeth Counties--only fields planted with contaminated

seed--there are no surveillance areas in those two counties.

Under this proposed rule, there would no longer be any restricted

areas for seed in El Paso and Hudspeth Counties, which would leave

those 24 fields as the only regulated areas within El Paso and Hudspeth

Counties. However, as was described above with regard to New Mexico, we

have modified the numbering convention used to identify the individual

fields in El Paso and Hudspeth Counties in this proposed rule. These

proposed new numerical designations, which were made possible as a

result of more up-to-date mapping information, would allow us to number

the fields in a manner consistent with the system used by our Karnal

bunt program staff in Arizona and central Texas. Although the proposed

regulations list 25 fields in El Paso and Hudspeth Counties, as opposed

to the 24 fields listed in the current regulations, we are not

proposing to place a new field under regulatory restrictions. Rather,

the additional entry occurred as a result of one large field in El Paso

County being subdivided under the new numbering system. The individual

fields that would be the regulated areas in El Paso and Hudspeth

Counties are listed in the description of regulated areas contained in

Sec. 301.89-3(f) in the rule portion of this document.

In San Saba County, the 18 fields currently listed as restricted

areas for regulated articles other than seed were identified as a

result of the detection of bunted kernels during the National Karnal

Bunt Survey. Based on those detections, surrounding portions of

McCulloch and Mills Counties and all of San Saba County were designated

as restricted areas for seed, and portions of McCulloch, Mills, and San

Saba Counties in closer proximity to the 18 fields were designated as

surveillance areas.

Under this proposed rule, Mills County would be entirely removed

from the regulations. No fields in Mills County have been linked to

Karnal bunt, and the grain grown in the small area of the county that

is in the current surveillance area is used for forage and is not moved

out of the immediate area. Based on those considerations, we consider

Mills County to be a low pest risk area, and we believe that removing

it from the regulations would not increase the risk of Karnal bunt

spreading to new areas of Texas or the United States.

In addition, there would no longer be any restricted areas for seed

in McCulloch and San Saba Counties, and those portions of McCulloch and

San Saba Counties that are currently designated as surveillance areas

would be redesignated as regulated areas. Those proposed new regulated

areas in McCulloch County and the eastern portion of San Saba County

would, however, be somewhat smaller than the current surveillance

areas. This is because our Karnal bunt program staff and State

cooperators in Texas have adjusted the boundaries to make them more

accurate by removing nonagricultural acreage and areas outside the 3-

mile buffer that has been generally used to establish surveillance

areas. We would also remove the list of the 18 individual fields in San

Saba County from the regulations because they all fall within the area

described in this proposed rule as the regulated area in San Saba

County. The boundaries of the proposed new regulated areas in McCulloch

and San Saba Counties are set forth in the description of regulated

areas contained in Sec. 301.89-3(f) in the rule portion of this

document.

Changes Associated With the Reclassification of Regulated Areas

Paragraph (d) of Sec. 301.89-6 provides the eligibility criteria

for the movement of commercial lots of seed grown in a restricted area

for seed. Among those criteria is a requirement that the seed be

treated in accordance with Sec. 301.89-13(f), which pertains

exclusively to the treatment of commercial lots of seed. Because we are

proposing to remove the restricted area for seed classification, the

eligibility criteria for movement of commercial lots of seed grown in a

restricted area for seed, as well as the associated treatment regimen,

would no longer be necessary. Therefore, we are proposing to remove

Sec. 301.89-6(d) and Sec. 301.89-13(f) from the regulations.

In Sec. 301.89-1, the term distinct definable area is defined as

``A commercial wheat production area of contiguous fields that is

separated from other wheat production areas by desert, mountains, or

other nonagricultural terrain as determined by an inspector, or, in the

case of restricted areas, as determined by an inspector based on survey

results.'' Because we are proposing to remove the restricted area for

seed classification and the restricted area for regulated articles

other than seed classification, the reference to ``restricted areas''

in that definition is no longer necessary. Therefore, we would amend

the definition of distinct definable area by removing the words ``or,

in the case of restricted areas, as determined by an inspector.'' We

would retain the reference to the use of survey results because, as

explained previously, survey results have been used in determining the

boundaries of the proposed regulated areas described in this proposed

rule.

Paragraph (b) of Sec. 301.89-6 currently states the eligibility

criteria for the movement under certificate of grain from a

surveillance area. Because those criteria would continue to apply to

the movement under certificate of grain grown in a regulated area, and

because we have proposed to remove the surveillance area

classification, we are proposing to amend Sec. 301.89-6(b) by removing

the reference to ``a surveillance area'' and replacing it with a

reference to ``a regulated area.''

Cleaning of Vegetable Crops

We are proposing to remove the requirement for the cleaning of soil

and plant debris from vegetable crops grown in fields that are

restricted areas for regulated articles other than seed. We

[[Page 11397]]

are proposing to remove this requirement, which is currently located in

Sec. 301.89-12(b), for two reasons. First, as noted previously, some of

the proposed new regulated areas in California, parts of Arizona, and

central Texas would be distinct definable areas rather than

individually listed fields. With those field numbers no longer being

listed in the regulations, there would be no distinction made between

formerly restricted fields and the other fields in those regulated

areas, and thus no clear way to identify those fields from which the

vegetable crops would require cleaning. Secondly, we believe, based on

our experience in administering the Karnal bunt program, that the

intended use of the products (consumption) and normal business

practices (cleaning and grading of the crops) are sufficient to

mitigate the risk of vegetable crops spreading Karnal bunt to other

areas of the United States.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be economically significant for the

purposes of Executive Order 12866 and, therefore, has been reviewed by

the Office of Management and Budget.

We are proposing to amend the Karnal bunt regulations by removing

the current restricted and surveillance area categories of regulated

areas and replacing them with a single classification. As part of this

proposed change in the regulations, we would release from regulation

most of the areas currently designated as restricted areas for seed;

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

fields associated with Karnal bunt; and remove the cleaning requirement

for vegetables grown in those fields. We would also add 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 proposed modifications to the way regulated areas are

classified would benefit the growers who have fields that are currently

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 current surveillance areas would

be largely unaffected by the proposed changes. Removing those areas

currently designated as restricted areas for seed from the regulations

would 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 would be removed under this proposed rule, those

fields currently designated as such would remain under regulation

because they would still either be part of a regulated area or would

themselves be regulated areas. However, this proposed rule would have

the effect of relaxing the restrictions that currently apply to the

fields. Growers would have the option of planting wheat, durum wheat,

or triticale in the fields, which is an option that is not currently

available to them. Wheat, durum wheat, or triticale grown as grain (not

seed) in those fields would be eligible for unrestricted movement under

a certificate if it were tested and found free from bunted kernels

prior to its movement from the field or before it was commingled with

other grain. If bunted kernels were found, the grain would 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

apply to the movement of grain from the current surveillance areas.

There are about 60 growers currently located in restricted areas

for regulated articles other than seed (approximately 18,000

agricultural acres). The number, if any, of these growers who would

plant wheat if they had the opportunity to do so is unknown. In

deciding on whether to plant wheat rather than another crop, growers

would 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 or not they would choose to resume planting wheat, is not

available.

Vegetable growers with fields currently designated as restricted

areas for regulated articles other than seed would also benefit from

the proposed removal of that regulatory category, as it would result in

the lifting of the current cleaning requirement that applies to

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

significant for most growers, however, since about 90 percent of the

soil is routinely removed from vegetables during harvesting anyway.

There are currently about 10 vegetable growers with fields designated

as restricted areas for regulated articles other than seed.

Wheat seed growers with fields in restricted areas for seed lying

outside the surveillance areas would also benefit from the proposal to

modify the classification of regulated areas, since most would no

longer be regulated. In the absence of regulation, they would be able

to grow and move commercial wheat seed without restriction. Currently,

these growers can move commercial wheat seed outside the regulated area

only if it tests negative for Karnal bunt, is chlorine drenched, and is

treated with a fungicide. Growers bear the cost of treatment, not

testing. 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 would

continue the fungicide treatments, even with the rule change in effect,

with the costs of those fungicide treatments continuing to be passed

along to purchasers of the seed. (At least several handlers routinely

treated seed prior to 1996, i.e., 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 would be

planted with seed if the restrictions were lifted, suggest that the

benefits of the proposed change would be minimal. 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 any regulatory

changes, 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 restricted areas for seed. The

restricted areas for seed currently encompass about 1,958,000

agricultural acres, or 88 percent of the total regulated area of

2,214,000 agricultural acres.

Wheat growers in surveillance areas would be largely unaffected by

the proposal, because they would remain regulated and would be subject

to the same restrictions on the movement of regulated articles that

they are now. There are 149 wheat growers in surveillance areas, which

together comprise about 239,000 agricultural acres.

Also, the proposed rule would add certain areas in Arizona to the

list of

[[Page 11398]]

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 currently designated as restricted areas for seed,

their proposed designation as regulated areas under this proposed rule

is not expected to have a significant effect. The changes that would

result from the proposed redesignation would be that commercial lots of

wheat seed would no longer be eligible for movement from those areas

and grain grown in those areas would have to be tested for bunted

kernels before being moved from the regulated area. We do not believe

that these changes would have a significant economic impact on growers

in the proposed new regulated areas because, as noted above, little

commercial seed is actually produced in restricted areas for seed,

alternative crops may be planted without restriction, and grain may be

grown subject to testing prior to movement from the regulated area.

Small Entity Impact

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 proposed rule are wheat growers located in the restricted areas

for seed that would no longer be regulated, vegetable growers who would

no longer have to clean their crops before movement, and wheat growers

located in areas that would be 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 restricted areas for seed lying outside the surveillance areas that

would no longer be regulated. We estimate that there are currently 60

growers of non-wheat crops located in restricted areas for regulated

articles other than seed who would 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 the

restricted areas for seed that would be 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 impact of the rule will be mostly on small entities.

Growers currently located in restricted areas for regulated

articles other than seed and those in restricted areas for seed would

benefit from the proposal to modify the classification of regulated

areas. The proposal to add certain areas in Arizona currently located

in restricted areas for seed to the list of regulated areas would have

a negative impact on affected growers. However, for the reasons

discussed above, neither aspect of the proposed 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 would

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 proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This proposed 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 proposing to amend 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 would continue 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

would be 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) would be 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

[[Page 11399]]

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. 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

[[Page 11400]]

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

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 would be 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

[[Page 11401]]

Sec. 301.89-13(d), before it may be planted within a regulated area.

Sec. 301.89-6 [Amended]

5. Section 301.89-6 would be amended as follows: a. In paragraph

(b), the word ``surveillance'' would be removed and the word

``regulated'' would be added in its place.

b. Paragraph (d) would be removed and paragraph (e) would be

redesignated as paragraph (d).

Sec. 301.89-12 [Amended]

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

Sec. 301.89-13 [Amended]

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

Done in Washington, DC, this 3rd day of March 1999.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-5779 Filed 3-8-99; 8:45 am]

BILLING CODE 3410-34-P