[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Pages 18701-18703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7194]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules
and Regulations
[[Page 18701]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2007-0157]
Karnal Bunt; Removal of Regulated Areas in Texas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the Karnal bunt regulations to remove certain
areas or fields in Baylor, Knox, Throckmorton, and Young Counties, TX,
from the list of regulated areas based on our determination that those
fields or areas meet our criteria for release from regulation. This
action is necessary to relieve restrictions that are no longer
necessary.
DATES: This interim rule is effective April 7, 2008. We will consider
all comments that we receive on or before June 6, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0157 to submit
or view comments and to view supporting and related materials available
electronically.
Postal Mail/Commercial Delivery: Please send two copies of your
comment to Docket No. APHIS-2007-0157, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2007-0157.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Matthew H. Royer, Associate
Director, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road,
Unit 26, Riverdale, MD 20737-1236; (301) 734-7819.
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
fungus Tilletia indica (Mitra) Mundkur and is spread primarily through
the planting of infected seed followed by very specific environmental
conditions matched during specific stage of wheat growth. Some
countries in the international wheat market regulate Karnal bunt as a
fungal disease requiring quarantine; therefore, without measures taken
by the Animal and Plant Health Inspection Service, United States
Department of Agriculture, to prevent its spread, the presence of
Karnal bunt in the United States could have significant consequences
with regard to the export of wheat to international markets.
Upon detection of Karnal bunt in Arizona in March of 1996, Federal
quarantine and emergency actions were imposed to prevent the interstate
spread of the disease to other wheat-producing areas in the United
States. The quarantine continues in effect, although it has since been
modified, both in terms of its physical boundaries and in terms of its
restrictions on the production and movement of regulated articles from
regulated areas. The regulations regarding Karnal bunt are set forth in
7 CFR 301.89-1 through 301.89-16 (referred to below as the
regulations).
Under the regulations in Sec. 301.89-3(f), a field known to have
been infected with Karnal bunt, as well as any noninfected acreage
surrounding the field, will be released from regulation if:
The field has been permanently removed from crop
production; or
The field is tilled at least once per year for a total of
5 years (the years need not be consecutive). After tilling, the field
may be planted with a crop or left fallow. If the field is planted with
a host crop, the harvested grain must test negative, through the
absence of bunted kernels, for Karnal bunt.
The regulations in Sec. 301.89-3(g) describe the boundaries of the
regulated areas in Arizona, California, and Texas. In this interim
rule, we are amending Sec. 301.89-3(g) by removing certain areas or
fields in Baylor, Knox, Throckmorton, and Young Counties, TX, from the
list of regulated areas, based on our determination that these fields
or areas are eligible for release from regulation under the criteria in
Sec. 301.89-3(f). This action relieves restrictions on fields within
those areas that are no longer necessary. With this action, there are
no longer any regulated areas in Baylor or Knox Counties, TX, and the
size of the regulated areas in each of the two remaining regulated
Texas counties is reduced.
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary. Under these circumstances, the Administrator has
determined that prior notice and opportunity for public comment are
contrary to the public interest and that there is good cause under 5
U.S.C. 553 for making this action effective less than 30 days after
publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
This rule modifies the Karnal bunt regulations by removing certain
areas in
[[Page 18702]]
Texas from quarantine based on surveys that indicate the areas meet our
criteria for release from regulation. In Texas, four counties will be
affected by this change and a total of 37,012.25 acres will be removed
from quarantine. The following table presents the acreage and number of
fields removed from regulation by this rule:
Table 1.--Location, Acreage, and Number of Fields To Be Released From
Regulation, by County
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Number of
County acres Number of
released fields
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Baylor.......................................... 20,404.13 281
Knox............................................ 11,522.39 117
Throckmorton.................................... 4,040.25 43
Young........................................... 1,045.48 18
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In both Throckmorton and Young counties there will still be
portions that remain under quarantine for Karnal bunt. Additionally,
the quarantine boundaries will remain the same in California and
Arizona. In the areas released from regulation for Karnal bunt,
producers and other entities will no longer have to meet the
restrictions that apply to regulated articles moved from quarantined
areas.
The affect of this rule will be to allow affected landowners and
businesses in the previously quarantined areas to resume normal
operations since the areas have met the criteria for removal from
quarantine. The U.S. Small Business Administration's (SBA) size
standard for wheat farming is $750,000 or less in annual receipts.\1\
We believe the majority of affected entities will be small by SBA
standards. There were a total of 230,000 farms, including wheat farms,
in the State of Texas in 2006. Of the 230,000 farms, only 3,900 (1.7
percent) had sales of $500,000 or more.\2\ Statewide, a total of 5.5
million all-purpose acres were planted with wheat in 2006, with most of
it not harvested but used as forage.\3\ Of the 1.4 million wheat acres
that were harvested, there was an average yield of 24 bushels per acre,
for a total production of 33.6 million bushels.\4\ The average price
for wheat in 2006 was $4.55/bushel, for a total value of production of
over $152.8 million in Texas. In 2002, the most recent year of the
Census of Agriculture, there were a total of 9,031 farms that harvested
wheat for grain in Texas. Of those, the Census of Agriculture recorded
that there were 342 wheat farms located in the four counties that will
be affected by the interim rule.\5\
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\1\ Table of Size Standards based on NAICS 2002 [Wheat farming:
NAICS code 111140]. Washington, DC: U.S. Small Business
Administration, effective October 1, 2007.
\2\ USDA-NASS, Quick Stats: U.S. & All States Data-Farm Numbers,
Texas Data: Farm Numbers by Economic Sales Classes. Washington, DC:
National Agricultural Statistics Service.
\3\ Wheat is planted for forage, grain, or a combination of the
two.
\4\ USDA-NASS, Texas State Agriculture Overview--2006.
Washington, DC: National Agricultural Statistics Service.
\5\ USDA-NASS, 2002 Census of Agriculture--Texas County Data,
Table 24. Washington, DC: National Agricultural Statistics Service.
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This interim rule will allow producers in the deregulated area to
freely move harvested wheat. As a result, it is possible that these
producers may have a broader sales base and increased marketing
opportunities than prior to the implementation of the interim rule as
they will be able to reacquire domestic and international markets that
may have been closed to them because of the quarantine. In addition,
the possibility of enhanced buyer perceptions that the wheat is of
higher quality than when the area was under quarantine may translate
into higher prices received. That said, the benefits of this rule are
still expected to be small for each producer. The requirement to test
grain for Karnal bunt, a prerequisite of movement from a regulated
area, is already performed free of charge. Removal of these areas from
quarantine represents more the eliminating of the inconvenience of
testing rather than a large financial gain.
It is important to note that the effects of this rule, although
beneficial, will not result in a significant impact on the domestic
market for wheat. As stated earlier, Texas wheat production in 2006
totaled 33.6 million bushels, with the value of production totaling
over $152.8 million. For that same year, U.S. wheat production totaled
over 1.8 billion bushels, with the value of production over $7.7
billion dollars.\6\ Therefore, Texas represented only 1.86 percent of
total U.S. wheat production, and contributed 1.98 percent to the value
of U.S. wheat production. Wheat production in the affected counties is
a small fraction of the Texas total, and any benefits of the interim
rule experienced by affected producers will not have an impact on the
price for wheat.
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\6\ USDA-NASS, Quick Stats. Washington, DC: National
Agricultural Statistics Service.
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To further illustrate the point, in 2002 Texas production of wheat
for grain totaled over 75.1 million bushels. In the four counties that
are affected by this rule, production of wheat for grain totaled about
3.8 million bushels, representing approximately a 5 percent share of
the State total. The 2002 percentage share of total U.S. wheat
production for the counties of Baylor, Knox, Throckmorton, and Young,
combined, was limited to 0.24 percent.\7\ The interim rule will not
have an impact on the domestic market for wheat. Table 2 presents the
wheat production data in 2002 for the four counties affected by the
interim rule.
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\7\ U.S. production of harvested wheat for grain in 2002 totaled
over 1.5 billion bushels. USDA-NASS, 2002 Census of Agriculture--
U.S. State Data, Table 23. Washington, DC: National Agricultural
Statistics Service.
Table 2.--Farm Production Data of Harvested Wheat for Grain for the Four
Affected Counties, 2002
------------------------------------------------------------------------
Number of Bushels
County farms harvested
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Baylor.......................................... 68 636,391
Knox............................................ 150 2,195,982
Throckmorton.................................... 59 694,079
Young........................................... 65 309,121
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Total....................................... 342 3,835,573
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Source: USDA-NASS, 2002 Census of Agriculture--Texas County Data, Table
24. Washington, DC: National Agricultural Statistics Service.
Wheat producers will not be the only entities to benefit from the
quarantine removal. The quarantine regulations require that all
conveyances, mechanized harvesting equipment, seed conditioning
equipment, grain elevators, and structures used for storing and
handling wheat, durum wheat, or triticale be cleaned by removing all
soil and plant debris. If disinfection is required by an inspector in
addition to cleaning, the articles must be disinfected by one of the
methods specified in Sec. 301.89-12 of the regulations. As with the
affected wheat producers, we expect that most if not all of the
independent operators of harvesting equipment and other service
providers that operate in the areas removed from quarantine by this
rule are small entities.\8\ They will benefit, but the financial gains
for them are not expected to be significant.
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\8\ These entities are covered under NAICS subsector code 115--
Support Activities for Agriculture and Forestry, where the SBA size
standard is $6.5 million or less in annual receipts.
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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.
[[Page 18703]]
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).
0
2. In Sec. 301-89.3, paragraph (g) is amended under the heading
``Texas'' by removing the entries for Baylor County and Knox County and
by revising the entries for Throckmorton County and Young County to
read as follows:
Sec. 301.89-3 Regulated areas.
* * * * *
(g) * * *
Texas
Throckmorton County. Beginning in the northeastern portion of the
county at the line of longitude -98.9921[deg] W and the line of
latitude 33.2836[deg] N; then south along the line of longitude -
98.9921[deg] W to the line of latitude 33.2055[deg] N; then east along
the line of latitude 33.2055[deg] N to the line of longitude -
98.9891[deg] W; then south along the line of longitude -98.9891[deg] W
to the line of latitude 33.1809[deg] N; then east along the line of
latitude 33.1809[deg] N to the Throckmorton/Young County line at the
line of longitude -98.9527[deg] W; then north along the line of
longitude -98.9527[deg] W to the line of latitude 33.2836[deg] N; then
west along the line of latitude 33.2836[deg] N to the point of
beginning.
Young County. Beginning in the northwestern portion of the county
at the line of longitude -98.9527[deg] W and the line of latitude
33.2836[deg] N; then south along the line of longitude -98.9527[deg] W
to the line of latitude 33.1809[deg] N; then east along the line of
latitude 33.1809[deg] N to the line of longitude -98.8762[deg] W; then
north along the line of longitude -98.8762[deg] W to the line of
latitude 33.1946[deg] N; then east along the line of latitude
33.1946[deg] N to the line of longitude -98.8356[deg] W; then north
along the line of longitude -98.8356[deg] W to the line of latitude
33.2880[deg] N; then west along the line of latitude 33.2880[deg] N to
the line of longitude -98.9430[deg] W; then south along the line of
longitude -98.9430[deg] W to the line of latitude 33.2836[deg] N; then
west along the line of latitude 33.2836[deg] N to the point of
beginning.
Done in Washington, DC, this 1st day of April 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-7194 Filed 4-4-08; 8:45 am]
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