[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13649-13655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7545]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 61 / Thursday, March 28, 1996 / Rules
and Regulations
[[Page 13649]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 96-016-3]
Karnal Bunt Infestations in Arizona et al.; Quarantining
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are quarantining the State of Arizona and a total of six
counties in the States of New Mexico and Texas because of infestations
of Karnal bunt and are restricting the movement of regulated articles
from the quarantined areas. This action is necessary on an emergency
basis to prevent the artificial spread of Karnal bunt, a serious fungal
disease of wheat, durum wheat, and triticale, into noninfected areas of
the United States.
DATES: Interim rule effective March 25, 1996. Consideration will be
given only to comments received on or before May 28, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-016-3, 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. 96-016-3. 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 20732, (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
We are amending the ``Domestic Quarantine Notices'' in 7 CFR part
301 by adding a new subpart 301.89, ``Karnal Bunt'' (referred to below
as the regulations). These regulations quarantine all of Arizona and
portions of New Mexico and Texas because of Karnal bunt. They also
restrict the interstate movement of regulated articles from the
quarantined areas.
On March 8, 1996, Karnal bunt, a serious fungal disease of wheat
(Triticum aestivum), durum wheat (Triticum durum), and triticale
(Triticum aestivum X Seale cereals), a hybrid of wheat and rye, was
detected in Arizona during a seed certification inspection done by the
Arizona Department of Agriculture (ADA). The disease was found in three
seedlots that had been grown in Arizona and shipped within Arizona as
well as to New Mexico and Texas. Immediately after the Karnal bunt was
detected, emergency action was taken by ADA and the Animal and Plant
Health Inspection Service (APHIS) to control the artificial spread of
this disease, and APHIS began working with other plant protection
agencies to determine the extent of the infection.
On March 20, 1996, the Secretary of Agriculture signed a
``Declaration of Extraordinary Emergency'' authorizing the Secretary to
take emergency action under 7 U.S.C. 150dd with regard to Karnal bunt
within the States of Arizona, New Mexico, and Texas.
Karnal bunt is caused by the smut fungus Tilletia indica (Mitra)
Mundkur and is spread by spores. Infection occurs during the flowering
stage of the plant when the developing ovary of a host plant comes into
contact with infectious sporidia. The spores can be carried on a
variety of surfaces, including plants and plant parts, seeds, soil,
elevators, buildings, farm equipment, tools, and even vehicles. Spores
and the sporidia they produce also can be windborne. Although the
sporidia are fragile and may be able to move only short distances,
spores have been known to move longer distances.
Karnal bunt is a serious disease that affects both yield and grain
quality. It adversely affects the color, odor, and palatability of
flour and other foodstuffs made from wheat. Wheat containing any amount
of bunted kernels is reduced in quality. Karnal bunt does not present a
risk to human health.
Karnal bunt is difficult to manage because of the biology of the
pathogen and the susceptibility of the host. Teliospores can remain
viable for 4 to 5 years in the soil. Chemical seed treatments may
reduce infection by controlling seedborne inoculum, but do little to
eliminate soilborne inoculum. Use of resistant varieties of wheat would
be the most effective means of control. However, no commercial
cultivars are known to be established.
For this reason, Federal and State quarantines are needed on an
emergency basis to retard the artificial spread of Karnal bunt and to
protect noninfected areas. Therefore, this interim rule establishes a
quarantine and regulations, which are described below by section, to
prevent the artificial spread of Karnal bunt.
Definitions
Section 301.89-1 contains definitions of the following terms:
Administrator, Animal and Plant Health Inspection Service, certificate,
compliance agreement, conveyances, farm tools, infestation (infected),
inspector, interstate, Karnal bunt, limited permit, mechanized
cultivating equipment and mechanized harvesting equipment, milling
products and byproducts, movement (moved), person, soil, soil-moving
equipment, and State. Regulated articles.
The regulations impose conditions on the interstate movement of
those articles that present a significant risk of spreading Karnal bunt
if moved without restriction from quarantined areas into or through
noninfected areas. The articles, which are designated as regulated
articles, may not be moved interstate from quarantined areas except in
accordance with the conditions specified in Secs. 301.89-4 through
301.89-11.
Paragraphs (a) through (m) of Sec. 301.89-2 designate the following
as regulated articles: Conveyances, including trucks, railroad cars and
other containers used to move wheat, durum wheat, or triticale; grain
elevators/equipment/structures used for storing and handling wheat,
durum wheat, and triticale; manure from animals that have
[[Page 13650]]
fed on wheat, durum wheat, or triticale; milling products or
byproducts, except flour; plants or plant parts, including grain, seed,
or straw of all varieties of the species of Triticum aestivum (wheat),
Triticum durum (durum wheat); and Triticum aestivum X Seale cereals
(triticale); root crops with soil; soil from areas where field crops
are produced; used bags, sacks and containers; used farm tools; used
mechanized cultivating equipment; used mechanized harvesting equipment;
used seed conditioning equipment; and used mechanized soil-moving
equipment.
Further, Sec. 301.89(2)(n) allows designation of any other product,
article or means of conveyance as a regulated article if an inspector
determines that it presents a risk of spreading Karnal bunt due to its
proximity to an infestation of Karnal bunt and notifies the person in
possession of the product, article, or means of conveyance that it is
subject to the restrictions in the regulations.
Quarantined areas
As stated in Sec. 301.89-3(a), the Administrator will quarantine
each State or each portion of a State that is infected. Section
301.89(b) provides that less than an entire State will be listed as a
quarantined area only under certain conditions. Such a listing may be
made if the Administrator determines that: (1) The State has adopted
and is enforcing restrictions on the intrastate movement of the
regulated articles listed in Sec. 301.89-2 that are equivalent to the
interstate movement restrictions imposed by the regulations in
Sec. 301.89-1 through Sec. 301.89-11; and (2) designating less than the
entire State as a quarantined area will prevent the artificial spread
of Karnal bunt. Alternatively, less than an entire State may be listed
as a quarantined area if the Administrator exercises his or her
extraordinary emergency authority under 7 U.S.C. 150dd.
In accordance with these criteria, we are designating the State of
Arizona, four counties in New Mexico, and two counties in Texas as
quarantined areas. These quarantined areas are listed in Sec. 301.89-
3(e).
Section 301.89-3(c) provides that the Administrator may include
uninfected acreage within a quarantined area due to its proximity to an
infestation or inseparability from the infected locality for quarantine
purposes, as determined by: (1) Projections of the spread of Karnal
bunt along the periphery of the infestation; (2) the availability of
natural habitats and host materials within the uninfected acreage that
are suitable for establishment and survival of Karnal bunt; and (3) the
necessity of including uninfected acreage within the quarantined area
in order to establish readily identifiable boundaries.
Section 301.89-3(d) provides that the Administrator or an inspector
may temporarily designate any nonquarantined area as a quarantined
area, without publication in the Federal Register, if there is a basis
for listing the area as a quarantined area under Sec. 301.89-3
paragraphs (a), (b), or (c), and if the owner or person in possession
of the nonquarantined area, or, in the case of publicly owned land, the
person responsible for the management of the nonquarantined area, is
given written notice of the designation. This is necessary to prevent
the spread of Karnal bunt before restrictions can be published in the
Federal Register concerning the interstate movement of regulated
articles from the designated area.
Conditions Governing the Interstate Movement of Regulated Articles From
Quarantined Areas
Section 301.89-4(a)(1) requires regulated articles moved interstate
from a quarantined area into or through an area that is not quarantined
to be accompanied by a certificate or limited permit issued and
attached as prescribed by Secs. 301.89-5 and 301.89-9.
Section 301.89-4(a)(2) allows a regulated article that originates
outside the quarantined area to be moved interstate through a
quarantined area without a certificate or limited permit under the
following conditions: (1) The regulated article was moved into the
quarantined area from an area that is not quarantined; (2) the point of
origin is indicated on a waybill accompanying the regulated article;
(3) the regulated article is moved through the quarantined area without
stopping, or has been stored, packed, or handled at locations approved
by an inspector, or has been treated in accordance with the methods and
procedures prescribed in Sec. 301.89-11 while in or moving through any
quarantined area; and (4) the article has not been combined or
commingled with other articles so as to lose its individual identity.
Section 301.89-4(a)(3) allows soil to be moved interstate from a
quarantined area, provided the soil is being moved to a laboratory
approved by the Administrator to process, test, or analyze soil
samples.
Section 301.89-4(b) references the authority of an inspector who
has probable cause to believe a person or means of conveyance is moving
regulated articles in interstate commerce to stop the person or means
of conveyance to determine whether regulated articles are present and
to inspect the regulated articles. Further, Sec. 301.89-4(b) provides
that articles found to be infected by an inspector, and articles not in
compliance with the regulations, may be seized, quarantined, treated,
subjected to other remedial measures, destroyed, or otherwise disposed
of.
Issuance of Certificates and Limited Permits
Under Federal domestic plant quarantine programs, there is a
difference between the use of certificates and limited permits.
Certificates are issued for regulated articles upon a finding by an
inspector that, because of certain conditions (e.g., the article is
free of Karnal bunt), there is an absence of a pest or disease risk
prior to movement. Regulated articles accompanied by a certificate may
be moved interstate without further restrictions being imposed. Limited
permits are issued for regulated articles when an inspector has
determined that, because of possible pest or disease risk, such
articles may be safely moved interstate only subject to further
restrictions, such as movement to specified areas and movement for
specified purposes. Section Sec. 301.89-5 explains the conditions for
issuing a certificate or limited permit.
Specifically, Sec. 301.89-5(a) provides that an inspector or person
operating under a compliance agreement (discussed below) will issue a
certificate for the interstate movement of a regulated article if the
inspector determines that the regulated article: (1) Is eligible for
unrestricted movement under all other applicable Federal domestic plant
quarantines and regulations; (2) is to be moved in compliance with any
emergency conditions the Administrator may impose under 7 U.S.C. 150dd
to prevent the artificial spread of Karnal bunt; and (3) meets one of
the following conditions: The article is free of Karnal bunt infection,
based on laboratory results of testing, and history of previous
infestation; the article has been grown, produced, manufactured,
stored, or handled in a manner that would prevent infestation or
destroy all life stages of Karnal bunt; or the article has been treated
in accordance with methods and procedures prescribed in Sec. 301.89-11.
Section 301.50-5(b) provides for the issuance of a limited permit
(in lieu of a certificate), by an inspector or a person operating under
a compliance agreement, for movement of a regulated
[[Page 13651]]
article if the inspector determines that the regulated article: (1) Is
to be moved interstate to a specified destination for specified
handling, utilization, or processing (the destination and other
conditions to be listed in the limited permit and/or compliance
agreement), and this interstate movement will not result in the
artificial spread of Karnal bunt because Karnal bunt will be destroyed
or the risk mitigated by the specified handling, utilization, or
processing; (2) is to be moved interstate in compliance with any
additional emergency conditions the Administrator may impose under 7
U.S.C. 150dd to prevent the spread of Karnal bunt; and (3) is eligible
for interstate movement under all other Federal domestic plant
quarantines and regulations applicable to the regulated article.
Section 301.89-5(c) provides that an inspector will issue blank
certificates and limited permits to a person operating under a
compliance agreement or authorize reproduction of the certificates or
limited permits on shipping containers, or both, as requested by the
person operating under the compliance agreement. These certificates or
limited permits may then be completed and used, as needed, for the
interstate movement of regulated articles that have met all of the
requirements of Sec. 301.89-5(a) or Sec. 301.89-5(b), respectively.
Compliance Agreements
Section 301.89-6 provides for the use of compliance agreements.
Specifically, compliance agreements may be entered into by any person
engaged in the growing, handling, or movement of regulated articles
interstate if such persons review with an inspector each stipulation of
the compliance agreement, have facilities and equipment to carry out
disinfestation procedures or application of chemical materials in
accordance with Sec. 301.89-11, and meet applicable State training and
certification standards under the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters into
a compliance agreement with APHIS must agree to comply with the
regulations.
Cancellation of a Certificate, Limited Permit, or Compliance Agreement
Section 301.89-7 provides that an inspector may cancel a
certificate, limited permit, or compliance agreement, orally or in
writing, whenever the inspector determines that the holder of the
certificate or limited permit, or the person who has entered into the
compliance agreement, has not complied with the regulations. If the
cancellation is oral, the cancellation will become effective upon
notification by the inspector. The cancellation and the reasons for the
cancellation will then be confirmed in writing as soon as circumstances
allow within 20 days after oral notification of the cancellation. Any
person whose certificate, limited permit, or compliance agreement has
been canceled may appeal the decision, in writing, within 10 days after
receiving the written cancellation notice. The appeal must state all of
the facts and reasons that the person wants the Administrator to
consider in deciding the appeal. A hearing may be held to resolve any
conflict as to any material fact. Rules of practice for the hearing
will be adopted by the Administrator. As soon as practicable, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision.
Assembly and Inspection of Regulated Articles
Section 301.89-8(a) provides that any person who requires
certification or other services from an inspector must request the
services at least 48 hours before they are needed. Section 301.89-7(b)
provides that regulated articles must be assembled at the place and in
the manner an inspector designates as necessary to comply with the
regulations.
Attachment and Disposition of Certificates and Limited Permits
Section 301.89(a) requires the consignor of a regulated article to
ensure that the certificate or limited permit authorizing interstate
movement of a regulated article is, at all times during interstate
movement, attached to the regulated article, or to the outside of the
container encasing the regulated article, or to the accompanying
waybill. This section also provides that the certificate or limited
permit may be attached to the consignees copy of the waybill only if
the certificate and limited permit, and the waybill, contain a
sufficient description of the regulated article to identify the
regulated article. This provision is necessary for enforcement
purposes.
Section 301.89-9(b) requires the carrier of the article to furnish
the certificate or limited permit to the consignee at the shipment's
destination.
Costs and Charges
Section 301.89-10 explains the APHIS policy that the services of an
inspector during normal business hours will be furnished without cost
to persons requiring the services. The user will be responsible for all
costs and charges arising from inspection and other services provided
outside of normal business hours.
Treatments
Treatments of regulated articles for Karnal bunt are set forth in
Sec. 301.89-11. These treatments are known to be efficacious in
destroying Karnal bunt teliospores. To meet the requirements of the
regulations for treatments, all conveyances, mechanized farm equipment,
seed-conditioning equipment, soil-moving equipment, grain elevators and
structures used for storing and handling wheat must be cleaned and
disinfected by first removing all soil and plant debris, then treated
in one of the following ways: (1) Wetting all surfaces to the point of
runoff with a solution of sodium hypochlorite mixed with water applied
at the rate of one gallon of a commercial chlorine bleach (5.2 percent
sodium hypochlorite) mixed with 2.5 gallons of water (thoroughly
washing the equipment or site after 15 minutes is recommended to
minimize corrosion); (2) applying steam to all surfaces until the point
of runoff; (3) cleaning with a solution of hot water and detergent,
under high pressure (at least 30 pounds per square inch), at a minimum
temperature of 180 deg.F.; or (4) fumigating with methyl bromide at
the dosage of 15 pounds/1000 cubic feet for 96 hours. Soil and straw/
stalks/seed heads for decorative purposes must be fumigated with methyl
bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment.
Immediate action is necessary to prevent Karnal bunt from spreading to
noninfected areas of the United States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon signature. We will consider comments that are received
within 60 days of publication of this rule in the Federal Register.
After the comment period closes, we will publish another document in
the Federal Register. It will include a discussion of any comments we
receive and any amendments we are making to the rule as a result of the
comments.
[[Page 13652]]
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
process required by Executive Order 12866
This action quarantines the State of Arizona and six counties in
New Mexico and Texas because of Karnal bunt and restricts the
interstate movement of regulated articles from areas quarantined
because of infestation with Karnal bunt. This emergency situation makes
compliance with section 603 and timely compliance with section 604 of
the Regulatory Flexibility Act (5 U.S.C. 603 and 604) impracticable.
This rule may have a significant economic impact on a substantial
number of small entities. If we determine this is so, then we will
discuss the issues raised by section 604 of the Regulatory Flexibility
Act in our Final Regulatory Flexibility Act Analysis.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which required intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, 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) only requires administrative proceedings
before parties may file suit in court challenging this rule upon the
cancellation of a certificate, limited permit, or compliance agreement.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this rule. The assessment provides a basis for
the conclusion that the treatment of regulated articles, under the
conditions specified in this rule, will not have a significant impact
on the quality of the human environment. Based on the finding of no
significant impact, the Administrator of the Animal and Plant Health
Inspection Service has determined that an environmental impact
statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C 4321 et seq.), (2) Regulations on the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection 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 copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection and
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the Office of Management and Budget
(OMB). OMB has assigned control number 0579-0121 to the information
collection and recordkeeping requirements. Notwithstanding any other
provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the Paperwork
Reduction Act, unless that collection of information displays a
currently valid OMB Control Number. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please state that your
comments refer to Docket No. 96-016-3. Please send a copy of your
comments to: (1) Docket No. 96-016-3, Regulatory Analysis and
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118,
Riverdale, MD 20737-1238, and (2) Clearance Officer, OIRM, USDA, room
404-W, 14th Street and Independence Avenue SW., Washington, DC 20250.
The paperwork associated with the Karnal bunt program will include
the completion of compliance agreements, certificates, and limited
permits. There will also be requests for inspections. We are soliciting
comments from the public (as well as affected agencies) concerning our
proposed information collection and recordkeeping requirements. We need
this outside input to help us accomplish the following:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 15 minutes per response.
Respondents: State plant regulatory officials, shippers, growers,
and representatives of the plant industry.
Estimated number of respondents: 1,573.
Estimated number of responses per respondent: 4.
Estimated total annual burden on respondents: 1,500.
Copies of this information collection can be obtained from:
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence
Avenue SW., Washington, DC 20250.
List of subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, 7 CFR part 301 is amended as follows:
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2,80, and 371.2(c).
2. Part 301 is amended by adding a new ``Subpart--Karnal Bunt'',
sections 301.89 through 301.89-11, to read as follows:
Subpart--Karnal Bunt
Sec.
301.89-1 Definitions.
301.89-2 Regulated articles.
301.89-3 Quarantined areas.
301.89-4 Interstate movement of regulated articles from quarantined
areas.
301.89-5 Issuance of a certificate or limited permit.
[[Page 13653]]
301.89-6 Compliance agreements.
301.89-7 Cancellation of a certificate, limited permit, or
compliance agreement.
301.89-8 Assembly and inspection of regulated articles.
301.89-9 Attachment and disposition of certificates and limited
permits.
301.89-10 Costs and charges.
301.89-11 Treatments.
Subpart--Karnal Bunt
Sec. 301.89-1 Definitions.
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Certificate. A document in which an inspector or a person operating
under a compliance agreement affirms that a specified regulated article
meets the requirements of this subpart and may be moved interstate to
any destination.
Compliance agreement. A written agreement between APHIS and a
person engaged in growing, handling, or moving regulated articles that
are moved interstate, in which the person agrees to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
Conveyances. Containers used to move wheat, durum wheat, or
triticale, or their products, including trucks, trailers, railroad
cars, bins, and hoppers.
Farm tools. An instrument worked or used by hand, e.g., hoes,
rakes, shovels, and axes.
Infestation (infected). The presence of Karnal bunt, or any stage
of development of the fungus Tilletia indica (Mitra) Mundkur, or the
existence of circumstances that make it reasonable to believe that
Karnal bunt is present.
Inspector. An APHIS employee or designated cooperator/collaborator
authorized by the Administrator to enforce the provisions of this
subpart.
Interstate. From any State into or through any other State.
Karnal bunt. A plant disease caused by the fungus Tilletia indica
(Mitra) Mundkur.
Limited permit. A document in which an inspector affirms that a
specified regulated article not eligible for a certificate is eligible
for interstate movement only to a specified destination and in
accordance with conditions specified on the permit.
Mechanized cultivating equipment and mechanized harvesting
equipment. Mechanized equipment used for soil tillage, including
tillage attachments for farm tractors--e.g., tractors, disks, plows,
harrows, planters, and subsoilers; mechanized equipment used for
harvesting purposes--e.g., combines, cotton harvesters, and hay balers.
Milling products and byproducts. Products resulting from processing
wheat, durum wheat, or triticale, including animal feed, and waste and
debris.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Soil. That part of the upper layer of earth in which plants can
grow.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.89-2 Regulated articles.
The following are regulated articles:
(a) Conveyances, including trucks, railroad cars, and other
containers used to move wheat, durum wheat, or triticale;
(b) Grain elevators/equipment/structures used for storing and
handling wheat, durum wheat, and triticale;
(c) Milling products or byproducts, except flour;
(d) Plants, or plant parts, including grain, seed, or straw of all
varieties of the following species:
Wheat: Triticum aestivum;
Durum wheat: Triticum durum; and
Triticale: Triticum aestivum X Seale cereals;
(e) Root crops with soil;
(f) Soil from areas where field crops are produced;
(g) Manure from animals that have fed on wheat, durum wheat, or
triticale;
(h) Used bags, sacks and containers;
(i) Used farm tools;
(j) Used mechanized cultivating equipment;
(k) Used mechanized harvesting equipment;
(l) Used seed conditioning equipment;
(m) Used mechanized soil-moving equipment; and
(n) Any other product, article or means of conveyance when:
(i) An inspector determines that it presents a risk of spreading
Karnal bunt due to its proximity to an infestation of Karnal bunt; and
(ii) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
Sec. 301.89-3 Quarantined areas.
(a) The Administrator will quarantine each State or each portion of
a State that is infected.
(b) Less than an entire State will be listed as a quarantined area
only if the Administrator:
(1) (i) Determines that the State has adopted and is enforcing
restrictions on the intrastate movement of the regulated articles
listed in Sec. 301.89-2 that are equivalent to the interstate movement
restrictions imposed by this subpart; and
(ii) Determines that designating less than the entire State as a
quarantined area will prevent the spread of Karnal bunt; or
(2) Exercises his or her extraordinary emergency authority under 7
U.S.C. 150dd.
(c) The Administrator may include noninfected acreage within a
quarantined area due to its proximity to an infestation or
inseparability from the infected locality for quarantine purposes, as
determined by:
(1) Projections of the spread of Karnal bunt along the periphery of
the infestation;
(2) The availability of natural habitats and host materials within
the noninfected acreage that are suitable for establishment and
survival of Karnal bunt; and
(3) The necessity of including uninfected acreage within the
quarantined area in order to establish readily identifiable boundaries.
(d) The Administrator or an inspector may temporarily designate any
nonquarantined area as a quarantined area in accordance with the
criteria specified in paragraphs (a), (b), and (c) of this section. The
Administrator will give written notice of this designation to the owner
or person in possession of the nonquarantined area, or, in the case of
publicly owned land, to the person responsible for the management of
the nonquarantined area. Thereafter, the interstate movement of any
regulated article from an area temporarily designated as a quarantined
area is subject to this subpart. As soon as practicable, this area
either will be added to the list of designated quarantined areas in
paragraph (e) of this section, or the Administrator will terminate the
designation. The owner or person in possession of, or, in the case of
publicly owned land, the person responsible for the management of, an
area for which the designation is
[[Page 13654]]
terminated will be given written notice of the termination as soon as
practicable.
(e) The following areas are designated as quarantined areas:
Arizona
The entire State.
New Mexico
Dona Ana County. The entire county.
Hidalgo. The entire county.
Luna County. The entire county.
Sierra County. The entire county.
Texas
El Paso County. The entire county.
Hudspeth. The entire county.
Sec. 301.89-4 Interstate movement of regulated articles from
quarantined areas.
(a) Any regulated article may be moved interstate from a
quarantined area into or through an area that is not quarantined only
if moved under the following conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Secs. 301.89-5 and 301.89-9;
(2) Without a certificate or limited permit, provided that each of
the following conditions is met:
(i) The regulated article was moved into the quarantined area from
an area that is not quarantined;
(ii) The point of origin is indicated on a waybill accompanying the
regulated article;
(iii) The regulated article is moved through the quarantined area
without stopping, or has been stored, packed, or handled at locations
approved by an inspector as not posing a risk of contamination with
Karnal bunt, or has been treated in accordance with the methods and
procedures prescribed in Sec. 301.89-11 while in or moving through any
quarantined area; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity; or
(3) Without a certificate or limited permit, provided the regulated
article is a soil sample being moved to a laboratory approved by the
Administrator 1 to process, test, or analyze soil samples.
\1\ Criteria that laboratories must meet to become approved to
process, test, or analyze soil, and the list of currently approved
laboratories, may be obtained from the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Domestic and
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland
20737-1236.
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(b) When an inspector has probable cause to believe a person or
means of conveyance is moving a regulated article in interstate
commerce, the inspector is authorized to stop the person or means of
conveyance to determine whether a regulated article is present and to
inspect the regulated article. Articles found to be infected by an
inspector, and articles not in compliance with the regulations in this
subpart, may be seized, quarantined, treated, subjected to other
remedial measures, destroyed, or otherwise disposed of. Any treatments
will be in accordance with the methods and procedures prescribed in
Sec. 301.89-11.
Sec. 301.89-5 Issuance of a certificate or limited permit.
(a) An inspector 2 or person operating under a compliance
agreement will issue a certificate for the interstate movement of a
regulated article if he or she determines that the regulated article:
\2\ Inspectors are assigned to local offices of APHIS, which
are listed in local telephone directories. Information concerning
such local offices may also be obtained from the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine, Domestic
and Emergency Operations, 4700 River Road Unit 134, Riverdale,
Maryland 20737-1236, or from Karnal Bunt Project, 1688 W. Adams St.,
Phoenix, Arizona 85007.
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(1) Is eligible for unrestricted movement under all other
applicable Federal domestic plant quarantines and regulations;
(2) Is to be moved in compliance with any emergency conditions the
Administrator may impose under 7 U.S.C. 150dd to prevent the artificial
spread of Karnal bunt 3; and
\3\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd)
authorizes the Secretary of Agriculture to impose emergency measures
necessary to prevent the spread of plant pests new to, or not widely
prevalent or distributed within and throughout, the United States.
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(3) (i) Is free of Karnal bunt infestation, based on laboratory
results of testing, and history of previous infestation;
(ii) Has been grown, produced, manufactured, stored, or handled in
a manner that would prevent infestation or destroy all life stages of
Karnal bunt; or
(iii) Has been treated in accordance with methods and procedures
prescribed in Sec. 301.89-11.
(b) An inspector or a person operating under a compliance agreement
will issue a limited permit for the interstate movement of a regulated
article not eligible for a certificate if the inspector determines that
the regulated article:
(1) Is to be moved interstate to a specified destination for
specified handling, utilization, or processing (the destination and
other conditions to be listed in the limited permit and/or compliance
agreement), and this interstate movement will not result in the
artificial spread of Karnal bunt because Karnal bunt will be destroyed
or the risk mitigated by the specified handling, utilization, or
processing;
(2) Is to be moved interstate in compliance with any additional
emergency conditions the Administrator may impose under 7 U.S.C. 150dd
to prevent the artificial spread of Karnal bunt; and
(3) Is eligible for interstate movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.89-6 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person
operating under the compliance agreement. These certificates and
limited permits may then be completed and used, as needed, for the
interstate movement of regulated articles that have met all of the
requirements of paragraph (a) or (b), respectively, of this section.
Sec. 301.89-6 Compliance agreements.
Persons who grow, handle, or move regulated articles interstate may
enter into a compliance agreement 4 if such persons review with an
inspector each stipulation of the compliance agreement, have facilities
and equipment to carry out disinfestation procedures or application of
chemical materials in accordance with Sec. 301.89-11, and meet
applicable State training and certification standards under the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C.
136b). Any person who enters into a compliance agreement with APHIS
must agree to comply with the provisions of this subpart and any
conditions imposed under this subpart.
\4\ Compliance agreements may be initiated by contacting a
local office of Plant Protection and Quarantine, which are listed in
telephone directories. The addresses and telephone numbers of local
offices of Plant Protection and Quarantine may also be obtained from
the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, 4700 River Road Unit 134, Riverdale, Maryland 20737-
1236, or from the Karnal Bunt Project, 1688 W. Adams St., Phoenix,
Arizona 85007.
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Sec. 301.89-7 Cancellation of a certificate, limited permit, or
compliance agreement.
Any certificate, limited permit, or compliance agreement may be
canceled orally or in writing by an inspector whenever the inspector
determines that the holder of the certificate or limited permit, or the
person who has entered into the compliance agreement, has not complied
with this subpart or any conditions imposed under this subpart.
[[Page 13655]]
If the cancellation is oral, the cancellation will become effective
immediately and the cancellation and the reasons for the cancellation
will be confirmed in writing as soon as circumstances allow, but within
20 days after oral notification of the cancellation. Any person whose
certificate, limited permit, or compliance agreement has been canceled
may appeal the decision, in writing, within 10 days after receiving the
written cancellation notice. The appeal must state all of the facts and
reasons that the person wants the Administrator to consider in deciding
the appeal. A hearing may be held to resolve any conflict as to any
material fact. Rules of practice for the hearing will be adopted by the
Administrator. As soon as practicable, the Administrator will grant or
deny the appeal, in writing, stating the reasons for the decision.
Sec. 301.89-8 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector 5 at least 48 hours before the
services are needed.
\5\ See footnote 2.
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(b) The regulated articles must be assembled at the place and in
the manner the inspector designates as necessary to comply with this
subpart.
Sec. 301.89-9 Attachment and disposition of certificates and limited
permits.
(a) The consignor must ensure that the certificate or limited
permit authorizing interstate movement of a regulated article is, at
all times during interstate movement, attached to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill: Provided,
that the descriptions of the regulated article on the certificate or
limited permit, and on the waybill, are sufficient to identify the
regulated article; and
(b) The carrier must furnish the certificate or limited permit
authorizing interstate movement of a regulated article to the consignee
at the shipment's destination.
Sec. 301.89-10 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services. The user will
be responsible for all costs and charges arising from inspection and
other services provided outside of normal business hours.
Sec. 301.89-11 Treatments.
(a) All conveyances, mechanized farm equipment, seed-conditioning
equipment, soil-moving equipment, grain elevators and structures used
for storing and handling wheat, durum wheat, or triticale must be
cleaned and disinfected by removing all soil and plant debris and:
(1) Wetting all surfaces to the point of runoff with a solution of
sodium hypochlorite mixed with water applied at the rate of 1 gallon of
commercial chlorine bleach (5.2 percent sodium hypochlorite) mixed with
2.5 gallons of water. The equipment or site should be thoroughly washed
down after 15 minutes to minimize corrosion; or
(2) Applying steam to all surfaces until the point of runoff;
(3) Cleaning with a solution of hot water and detergent, under high
pressure (at least 30 pounds per square inch), at a minimum temperature
of 180 deg.F.; or
(4) Fumigating with methyl bromide at the dosage of 15 pounds/1000
cubic feet for 96 hours.
(b) Soil, and straw/stalks/seed heads for decorative purposes must
be treated by fumigation with methyl bromide at the dosage of 15
pounds/1000 cubic feet for 96 hours.
Done in Washington, DC, this 25th day of March, 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-7545 Filed 3-27-96; 8:45 am]
BILLING CODE 3410-34-P
