The regulations in Sec. 301.893(g) describe the boundaries of the regulated areas in Arizona, California, and Texas. In this interim rule, we are amending Sec. 301.893(g) by removing certain areas or fields in Riverside County, CA, 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. 301.893(f). In accordance with Sec. 301.893(f)(2), the eligible areas have been tilled at least once per year for a total of 5 years. After tilling, the fields were either planted with a crop or left fallow. For the fields that were planted with a host crop, the crop tested negative, through the absence of bunted kernels, for Karnal bunt. We are therefore adjusting the quarantined boundaries based on surveys that indicate the areas no longer meet the requirements for regulated areas.

The area in Riverside County, CA, that will be removed from the list of regulated areas includes 286 fields and 8,226 acres. In California, 35,271 acres in Riverside County will remain regulated for Karnal bunt. The quarantine boundaries will remain the same in Texas and Arizona.

Immediate Action

Immediate action is warranted to relieve restrictions that are no longer necessary on certain areas or fields in Riverside County, CA, regulated for Karnal bunt. 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 amends the Karnal bunt regulations by removing certain areas in California from quarantine based on surveys that indicate these areas have met the criteria in Sec. 301.893(f) for being released from regulation. With this change, 286 fields representing 8,226 acres in Riverside County, CA, will be removed from quarantine.

Any wheat, durum wheat, or triticale grown in regulated fields cannot be moved into or through a nonregulated area without first being tested for bunted kernels. In addition, any wheat, durum wheat, or triticale grown in those fields cannot be used as seed within or outside a regulated area unless it is tested and found free of bunted kernels and spores. The 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. 301.8912. Releasing the 286 fields from Karnal bunt regulations will relieve the owners and other related businesses of these movement restrictions for regulated articles. Access to domestic and international markets for affected producers may also be improved.

Wheat producers will not be the only entities to benefit from this rule. Many independent operators of harvesting equipment and other service providers operating in the affected areas will benefit from the release of the fields from quarantine. Also, the reduction in regulated acreage will reduce the need for associated regulatory activities, such as surveying and testing.

Although this rule will benefit wheat producers and other entities in the affected areas, overall effects are expected to be relatively small. There were about 81,033 farm operations, including wheat farms, in California in 2007.\1\ According to the 2007 Census of Agriculture, of these 81,033 farms, a total of 1,191 farms harvested wheat for grain in California (table 1). In 2007, California produced about 1.5 percent of wheat grown for grain in the United States.\2\ Statewide, a total of 640,000 allpurpose acres were planted with wheat in 2007, with about 345,000 acres harvested for grain and about 295,000 acres harvested for forage.\3\ In comparison, the 2007 Census of Agriculture reported only 17 wheat farms located in Riverside County representing about 1.4 percent of farms producing wheat in California. These 17 farms produced only slightly over 1 percent of California's wheat.\4\
\1\ USDANASS, Quick Stats: U.S. & All States DataFarm Numbers, California Data: Farm Numbers by Economic Sales Classes. Washington,

FOR FURTHER INFORMATION CONTACT

Ms. Lynn Evans-Goldner, Karnal Bunt Program Manager, Plant Pathogen and Weed Programs, EDP, PPQ, APHIS, 4700 River Road, Unit 26, Riverdale, MD 207371236; (301) 7347228.