[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Rules and Regulations]
[Pages 67432-67436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19769]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2006-0149]
Karnal Bunt; Regulated Areas
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 Maricopa and Pinal Counties, AZ, and Archer, Baylor,
Knox, McCulloch, San Saba, 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 became effective November 16, 2006. We will
consider all comments that we receive on or before January 22, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0149 to submit or view public
comments and to view supporting and related materials available
electronically.
Information on using Regulations.gov, including instructions for
accessing documents, submitting comments, and viewing the docket after
the close of the comment period, is available through the site's ``User
Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0149, 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-2006-0149.
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
[[Page 67433]]
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. Vedpal S. Malik, National Karnal
Bunt Coordinator, Pest Detection and Management Programs, PPQ, APHIS,
4700 River Road Unit 134, Riverdale, MD 20737-1231; (301) 734-3769.
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 Maricopa and Pinal Counties, AZ, and in Archer, Baylor, Knox,
McCulloch, San Saba, 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 Archer, McCulloch, and San Saba
Counties, TX, and the size of the regulated areas in each of the four
remaining regulated Texas counties and in two of the three regulated
Arizona 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 releases certain areas and fields from regulation and
thereby relieves restrictions on regulated articles moved interstate
from those areas and fields. The areas and fields have met the criteria
for release from regulation described in 7 CFR 301.89-3(f). Landowners
and businesses located within the areas will be able to resume normal
operations, including unrestricted movement of articles listed in Sec.
301.89-2.
As detailed in table 1, this interim rule removes approximately
8,796 acres from regulation in Arizona and 497,593 acres from
regulation in Texas.
Table 1.--Location, Number of Fields, and Acreage of Areas Released From
Regulation by This Rule
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Total
State and county acreage
released
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Maricopa County, AZ......................................... 3,831
Pinal County, AZ............................................ 4,965
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Arizona total............................................. 8,796
Archer County, TX........................................... 41,984
Baylor County, TX........................................... 89,137
Knox County, TX............................................. 117
McCulloch County, TX........................................ 30,145
San Saba County, TX......................................... 215,530
Throckmorton County, TX..................................... 38,155
Young County, TX............................................ 82,525
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Texas total............................................... 497,593
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The entities most likely to be affected by this rule are wheat
producers whose fields are being removed from the list of regulated
areas. Producers affected by this interim rule are likely to be small
in size, based on the Small Business Administration (SBA) standard for
wheat farmers of total annual sales of not more than $750,000. Wheat
farming is classified as North American Industry Classification System
code 111140 (under crop production). According to USDA's Economic
Research Service (ERS), in 2002, 98.5 percent of all farms (228,926
total), including wheat farms, in Texas had sales less than $500,000,
and 91.2 percent of all farms (7,294 total), including wheat farms, in
Arizona had sales less than $500,000.\1\ Therefore, it is safe to
assume that most wheat farms in both Arizona and Texas are considered
small entities based on SBA standards.
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\1\ ERS. Farm Economy. Farm Income. State Fact sheets.
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Deregulation will benefit producers located within those areas
because they will be allowed to move regulated articles without
restrictions. Regulated articles can only be moved from regulated areas
to non-regulated areas under conditions listed in Sec. 301.89-5,
including negative testing of harvested grain for bunted kernels or
through cleaning and disinfection procedures. Producers in the released
areas will no longer have to meet these conditions.
It is also possible that producers in the released areas will
receive higher prices or have a broader sales base for their wheat
because of buyers' perceptions. Prices for wheat from regulated areas
may be lower because of the belief that wheat produced in a regulated
area is inferior or of lower quality than wheat from an unregulated
area, even though it has tested negative
[[Page 67434]]
for Karnal bunt. The elimination of restrictions may increase marketing
opportunities for producers among buyers who perceive the wheat is now
of higher quality.
However, even with unrestricted movement of grain and seed and a
possible higher received price for wheat, the benefit for each producer
is still likely to be small. The testing of grain for Karnal bunt is
already performed free of charge for producers in all regulated areas.
Therefore, removing the testing requirements through deregulation does
not amount to a cost savings for the producer, just the removal of an
inconvenience.
Additionally, deregulating the areas will not affect the total
market for wheat. Table 2 presents the percentage of total U.S. wheat
production for the past 10 years contributed by each county and State
containing areas released from regulation by this rule. Given that such
small percentages of wheat are coming from the listed counties,
benefits associated with removing the restrictions on the movement of
regulated articles are expected to be minimal. The listed counties are
small contributors in the total U.S. wheat market; for example, in
2004, Pinal County, AZ, was the largest contributor of the listed
counties, yet it contributed only one-tenth of 1 percent to the total
wheat market. Deregulation of these areas will not influence the price
of wheat.
Table 2.--Wheat Production in Deregulated Counties, as Percentage Shares of U.S. Production, 1995-2005
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U.S. total
Year bushels Maricopa Pinal Archer Baylor Knox McCulloch San Saba Throckmorton Young
Produced (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent) (percent)
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1995............................................................ 2,182,708,000 0.12 0.15 0.04 0.08 0.06 0.04 0.02 1.48 0.07
1996............................................................ 2,277,388,000 0.20 0.21 0.04 0.09 0.10 0.02 0.00 2.05 0.06
1997............................................................ 2,481,466,000 1.05 0.09 0.05 0.10 0.07 0.04 0.02 0.50 0.06
1998............................................................ 2,547,321,000 0.18 0.17 0.07 0.12 0.13 0.03 0.03 0.69 0.11
1999............................................................ 2,295,560,000 0.06 0.07 0.03 0.07 0.10 0.03 0.02 1.52 0.04
2000............................................................ 2,228,160,000 0.07 0.08 0.04 0.06 0.08 0.00 0.01 0.23 0.01
2001............................................................ 1,947,453,000 0.10 0.09 0.02 0.09 0.15 0.06 0.03 1.04 0.04
2002............................................................ 1,605,878,000 N/A N/A 0.00 0.06 0.15 0.05 0.01 1.06 0.02
2003............................................................ 2,344,760,000 0.07 0.14 0.02 0.05 0.12 0.02 0.01 0.80 0.02
2004............................................................ 2,158,245,000 0.07 0.10 0.04 0.06 0.18 0.07 0.02 1.14 0.05
2005............................................................ 2,104,690,000 N/A N/A 0.03 0.04 0.13 0.05 0.01 1.10 0.02
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Source: USDA, NASS. Data not available for Maricopa and Pinal Counties, AZ, for 2002 and 2005.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This 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 as follows:
0
a. Under the heading ``Arizona,'' in the entry for Maricopa County, by
revising paragraphs (1) and (2) to read as set forth below.
0
b. Under the heading ``Arizona,'' in the entry for Pinal County, by
revising paragraphs (1) and (3) to read as set forth below.
0
c. Under the heading ``Texas,'' by removing the entries for Archer
County, McCulloch County, and San Saba County, and by revising the
entries for Baylor County, Knox County, Throckmorton County, and Young
County to read as set forth below.
Sec. 301.89-3 Regulated areas.
* * * * *
(g) * * *
ARIZONA
* * * * *
Maricopa County. (1) Beginning at the southeast corner of sec. 8,
T. 1 S., R. 2 E.; then west to the southwest corner of sec. 8, T. 1 S.,
R. 2 E.; then south to the southeast corner of sec. 18, T. 1 S., R. 2
E.; then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.;
then north to the northwest corner of sec. 14, T. 1 S., R. 1 E.; then
west to the southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to
the northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the
southwest corner of sec. 5, T. 1 S., R. 1 E.; then north to the
northwest corner of sec. 5, T. 1 S., R. 1 E.; then west to the
northeast corner of sec. 6, T. 1 S., R. 1 W.; then south to the
southeast corner of sec. 7, T. 1 S., R. 1 W.; then west to the
northeast corner of sec. 14, T. 1 S., R. 2 W.; then south to the
southeast corner of sec. 14, T. 1 S., R. 2 W.; then west to the
northeast corner of sec. 20, T. 1 S., R. 2 W.; then south to the
southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to the
northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the
southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the
southwest corner of sec. 26, T. 1 S., R. 5 W.; then north to the
northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the
northeast corner of sec. 7, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 5, T. 1 N., R. 2 W.; then east to the
northeast corner of sec. 5, T.
[[Page 67435]]
1 N., R. 2 W.; then north to the northwest corner of sec. 33, T. 2 N.,
R. 2 W.; then east to the northeast corner of sec. 33, T. 2 N., R. 2
W.; then north to the northwest corner of sec. 3, T. 3 N., R. 2 W.;
then east to the northeast corner of sec. 1, T. 3 N., R. 1 W.; then
south to the northwest corner of sec. 19, T. 3 N., R. 1 E.; then east
to the northeast corner of sec. 20, T. 3 N., R. 1 E.; then south to the
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the
northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the
northeast corner of sec. 4, T. 1 N., R. 2 E.; then south to the
northwest corner of sec. 15, T. 1 N., R. 2 E.; then east to the
northeast corner of sec. 15, T. 1 N., R. 2 E.; then south to the
southeast corner of sec. 27, T. 1 N., R. 2 E.; then west to the
southwest corner of sec. 27, T. 1 N., R. 2 E.; then south to the
southeast corner of sec. 33, T. 1 N., R. 2 E.; then west to the
southwest corner of sec. 33, T. 1 N., R. 2 E.; then south to the point
of beginning.
(2) Beginning at the intersection of the Maricopa/Pinal County line
and the southeast corner of sec. 36, T. 2 S., R. 7 E.; then west along
the Maricopa/Pinal County line to the southwest corner of sec. 33, T. 2
S.; R. 5 E.; then north to the northwest corner of sec. 33; then west
to the southwest corner of sec. 30, T. 2 S., R. 5 E.; then north to the
southeast corner of sec. 25, T. 2 S., R. 4 E.; then west to the
southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the
southwest corner of sec. 13, T. 2 S., R. 4 E.; then west to the
southwest corner of sec. 15, T. 2 S., R. 4 E.; then north to the
northwest corner of sec. 3, T. 2 S., R. 4 E.; then east to the
southwest corner of sec. 35, T. 1 S., R. 4 E.; then north to the
northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the
northeast corner of sec. 33, T. 1 S., R. 5 E.; then north to the
northwest corner of sec. 27, T. 1 S., R. 5. E.; then east to the
northeast corner of sec. 27, T. 1 S., R. 5 E.; then north to the
northwest corner of sec. 23, T. 1 S., R. 5 E.; then east to the
northeast corner of sec. 19, T. 1 S., R. 6 E.; then north to the
northwest corner of sec. 8, T. 1 S., R. 6 E.; then east to the
southwest corner of sec. 3, T. 1 S., R. 6 E.; then north to the
northwest corner of sec. 3, T. 1 S., R. 6 E.; then east to the
northeast corner of sec. 2, T. 1 S., R. 6. E.; then south to the
southeast corner of sec. 2, T. 1 S., R. 6 E.; then east to the
northeast corner of sec. 7, T. 1 S., R. 7 E.; then south to the
northwest corner of sec. 5, T. 2 S., R. 7. E.; then east to the
northeast corner of sec. 3, T. 2 S., R. 7 E.; then north to the
northwest corner of sec. 35, T. 1 S., R. 7 E.; then east to the
northeast corner of sec. 36, T. 1 S., R. 7 E. and the Maricopa/Pinal
County line; then south along the Maricopa/Pinal County line to the
point of beginning.
* * * * *
Pinal County. (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8
E.; then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.;
then south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then
east to the northeast corner of sec. 4, T. 2 S., R. 8 E.; then south to
the southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the
northeast corner of sec. 8, T. 3 S., R. 8 E.; then south to the
southeast corner of sec. 8, T. 3 S., R. 8 E.; then west to the
southwest corner of sec. 12, T 3 S., R. 7 E.; then north to the
southeast corner of sec. 2, T. 3 S., R. 7 E.; then west to the
northeast corner of sec. 9, T. 3 S., R. 6 E.; then south to the
southeast corner of sec. 28, T. 3 S., R. 6 E.; then west to the
southwest corner of sec. 28, T. 3 S., R. 6 E.; then south to the
southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to the
southwest corner of sec. 35, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 35, T. 3 S., R. 5 E.; then west to the
southwest corner of sec. 27, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 10, T. 3 S., R. 5 E.; then west to the
southwest corner of sec. 4, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 4, T. 3 S., R. 5 E. and the intersection of
the Maricopa/Pinal County line; then east along the Maricopa/Pinal
County line to the northwest corner of sec. 6, T. 3 S., R. 8 E.; then
north along the Maricopa/Pinal County line to the point of beginning.
* * * * *
(3) The following individual fields in Pinal County are regulated
areas: 309021804 and 309050104.
* * * * *
TEXAS
Baylor County. (1) Beginning at the Knox/Baylor County line and the
line of latitude 33.6752[deg] N.; then east along the line of latitude
33.6752[deg] N. to the line of longitude -99.3833[deg] W.; then south
along the line of longitude -99.3833[deg] W. to the line of latitude
33.5802[deg] N.; then west along the line of latitude 33.5802[deg] N.
to the line of longitude -99.3846[deg] W.; then south along the line of
longitude -99.3846[deg] W. to the line of latitude 33.5305[deg] N.;
then west along the line of latitude 33.5305[deg] N. to the Knox/Baylor
County line; then north along the Knox/Baylor County line to the point
of beginning.
(2) Beginning at the Baylor/Throckmorton County line and the line
of longitude -99.1270[deg] W.; then north along the line of longitude -
99.1270[deg] W. to the line of latitude 33.4447[deg] N.; then east
along the line of latitude 33.4447[deg] N. to the line of longitude -
99.0191[deg] W.; then south along the line of longitude -99.0191[deg]
W. to the Baylor/Throckmorton County line; then west along the Baylor/
Throckmorton County line to the point of beginning.
Knox County. Beginning at the Knox/Baylor County line and the line
of latitude 33.5305[deg] N.; then west along the line of latitude
33.5305[deg] N. to the line of longitude -99.4960[deg] W.; then north
along the line of longitude -99.4960[deg] W. to the line of latitude
33.5802[deg] N.; then west along the line of latitude 33.5802[deg] N.
to the line of longitude -99.4971[deg] W.; then north along the line of
longitude -99.4971[deg] W. to the line of latitude 33.6752[deg] N.;
then east along the line of latitude 33.6752[deg] N. to the Knox/Baylor
County line; then south along the Knox/Baylor County line to the point
of beginning.
Throckmorton County. (1) Beginning at the Baylor/Throckmorton
County line and the line of longitude -99.1270[deg] W.; then east along
the Baylor/Throckmorton County line to the line of longitude -
99.0191[deg] W.; then south along the line of longitude -99.0191[deg]
W. to the line of latitude 33.3535[deg] N.; then west along the line of
latitude 33.3535[deg] N to the line of longitude -99.1270[deg] W.; then
north along the line of longitude -99.1270[deg] W. to the point of
beginning.
(2) Beginning at the Throckmorton/Young County line and the line of
latitude 33.3003[deg] N.; then south along the Throckmorton/Young
County line to the line of latitude 33.1809[deg] N.; then west along
the line of latitude 33.1809[deg] N. to the line of longitude -
98.9890[deg] W; then north along the line of longitude -98.9890[deg] W.
to the line of latitude 33.2055[deg] N.; then west along the line of
latitude 33.2055[deg] N. to the line of longitude -99.0043[deg] W.;
then north along the line of longitude -99.0043[deg] W. to the line of
latitude 33.3003[deg] N.; then east to the point of beginning.
Young County. Beginning at the Throckmorton/Young County line and
the line of latitude 33.3003[deg] N.; then east along the line of
latitude 33.3003[deg] N. to the line of longitude -98.8886[deg] W.;
then south along the line of longitude -98.8886[deg] W. to the line of
[[Page 67436]]
latitude 33.2880[deg] N.; then east along the line of latitude
33.2880[deg] N. to the line of longitude -98.8356[deg] W.; then south
along the line of longitude -98.8356[deg] W. to the line of latitude
33.1946[deg] N.; then west along the line of latitude 33.1946[deg] N.
to the line of longitude -98.8762[deg] W.; then south along the line of
longitude -98.8762[deg] W. to the line of latitude 33.1809[deg] N.;
then west along the line of latitude 33.1809[deg] N. to the
Throckmorton/Young County line; then north along the Throckmorton/Young
County line to the point of beginning.
Done in Washington, DC, this 16th day of November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-19769 Filed 11-21-06; 8:45 am]
BILLING CODE 3410-34-P