or any State, territory, or possession of the United States. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 1999] §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 (e) Tilletia indica (Mitra) Mundkur; (g) Soil from areas where field crops are produced; (h) Manure from animals that have fed on untreated or raw wheat, durum wheat, or triticale; (i) Mechanized harvesting equipment that has been used in the production of wheat, durum wheat, and triticale; (j) Seed conditioning equipment that has been used in the production of wheat, durum wheat, and triticale; (k) Any other product, article or means of conveyance when: (1) An inspector determines that it presents a risk of spreading Karnal bunt due to its proximity to an infestation of Karnal bunt; and (2) The person in possession of the product, article, or means of conveyance has been notified that it is regulated under this subpart. [61 FR 52207, Oct. 4, 1996, as amended at 63 FR 50751, Sept. 23, 1998] §301.89-3 Regulated areas. (a) The Administrator will regulate each State or each portion of a State that is infected. (b) Less than an entire State will be listed as a regulated 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 §301.89-2 that are equivalent to the movement restrictions imposed by this subpart; and (ii) Determines that designating less than the entire State as a regulated 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 regulated area due to its proximity to an infestation or inseparability from the infected locality for regulatory 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 regulated area in order to establish readily identifiable boundaries. (d) The Administrator or an inspector may temporarily designate any nonregulated area as a regulated 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 nonregulated area, or, in the case of publicly owned land, to the person responsible for the management of the nonregulated area. Thereafter, the movement of any regulated article from an area temporarily designated as a regulated area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated regulated areas in paragraph (f) 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 terminated will be given written notice of the termination as soon as practicable. (e) The Administrator will classify a field or area as a regulated area when: (1) It is a field planted with seed from a lot found to contain a bunted wheat kernel; or (2) It is a distinct definable area that contains at least one field that was found during survey to contain a bunted wheat kernel (the distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to a field found during survey to contain a bunted kernel); or (3) It is a distinct definable area that contains at least one field that was found during survey to contain spores consistent with Karnal bunt and has been determined to be associated with grain at a handling facility containing a bunted wheat kernel (the distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to a field that has been associated with grain at a handling facility containing a bunted kernel). (f) The following areas or fields are designated as regulated areas (maps of the regulated areas may be obtained by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, 4700 River Road, Unit 134, Riverdale, MD 207371236): ARIZONA La Paz County. Beginning at the point where the Colorado River intersects the north side of sec. 32, T. 8 N., R. 21 W.; then east to the northeast corner of sec. 36, T. 8 N., R. 21 W.; then south to the southeast corner of sec. 1, T. 6 N., R. 21 W.; then west to the southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the intersection of the Colorado River; then northwest along the Colorado River to the point of beginning; and Beginning at the northeast corner of sec. 22, T. 6 N., R. 21 W.; then south to the southeast corner of sec. 34, T. 5 N., R. 21 W.; then west to the Colorado River; then north along the Colorado River to the northern side of sec. 21, T. 6 N., R. 22 W.; then east to the point of beginning. Maricopa County. Beginning at the southeast corner of sec. 33, T. 6 S., R. 5 W.; then west to the southwest corner of sec. 32, T. 6 S., R. 7 W.; then north to the northwest corner of sec. 5, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 4, T. 5 S., R. 5 W.; then south to the point of beginning; and Beginning at the southeast corner of sec. 25, T. 1 S., R. 1 E. and the intersection of the Maricopa/Pinal County line; west to the southwest corner of sec. 28, T. 1 S., R. 5 W.; then north to the northwest corner of sec. 4, T. 1 N., R. 5 W.; then east to the southwest corner of sec. 31, T. 2 N., R. 2 W.; then north to the northwest corner of sec. 31, T. 4 N., R. 2 W.; then east to the northeast corner of sec. 36, T. 4 N., R. 1 W.; then south to the southeast corner of sec. 36, T. 4 N., R. 1 W.; then east to the northeast corner of sec. 5, T. 3 N., R. 2 E.; then south to the southeast corner of sec. 32, T. 2 N., R. 2 E.; then east to the northeast corner of sec. 6, T. 1 N., R. 3 E.; then south to the southeast corner of sec. 7, T. 1 S., R. 3 E.; then west to the southwest corner of sec. 10, T. 1 S., R. 2 E.; then south to the southeast corner of sec. 28, T. 1 S., R. 2 E.; then west to the intersection of the Maricopa/Pinal county line; then north, west and south along the county line to the point of beginning; and Beginning at the intersection of Interstate 10 and the Maricopa/Pinal County line; then east and north along the county line to the northeast corner of sec. 1, T. 2 S., R. 7 E.; then west to the southeast corner of sec. 31, T. 1 S., R. 7 E.; then north to the northeast corner of sec. 31, T. 1 N., R. 7 E.; then west to the northwest corner of sec. 31, T. 1 N., R. 6 E.; then north to the northeast corner of sec. 1, T. 2 N., R. 5 E.; then west to the northwest corner of sec. 6, T. 2 N., R. 5 E.; then south to the southwest corner of sec. 31, T. 2 N., R. 5 E.; then west to the northwest corner of sec. 2, T. 1 N., R. 4 E.; then south to the northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the intersection of Interstate 10; then south and east to the point of beginning; and The following individual fields in Maricopa County are regulated areas: 301060505 301060506 301060601 301060602 301060603 Pinal County. Beginning at the intersection of the Maricopa/Pinal County line and the northwest corner of sec. 6, T. 2 S., R. 8 E.; then east to the northeast corner of sec. 2, T. 2 S., R. 8 E.; then south to the southeast corner of sec. 14, T. 3 S., R. 8 E.; then west to the southeast corner of sec. 14, T. 3 S., R. 6 E.; then south to the southeast corner of sec. 26, T. 4 S., R. 6 E.; then west to the southeast corner of sec. 26, T. 4 S., R. 4 E.; then south to the southeast corner of sec. 22, T. 6 S., R. 4 E.; then west to the southwest corner of sec. 19, T. 6 S., R. 3 E.; then north to the southeast corner of sec. 13, T. 6 S., R. 2 E.; then west to the southwest corner of sec. 16, T. 6 S., R. 2 E.; then north to the northwest corner of sec. 9, T. 4 S., R. 2 E.; then east to the southwest corner of sec. 6, T. 4 S., R. 4 E.; then north to the northwest corner of sec. 6, T. 4 S., R. 4 E.; then east to the northwest corner of sec. 6, T. 4 S., R. 5 E.; then north to the intersection of the Maricopa/Pinal County line; then east and north along the county line to the point of beginning; and The following individual fields in Pinal County are regulated areas: 308102604 308102605 309021801 309021804 309021812 309031304 309033507 321010210 321010211 321010224 321010301 321010302 321011103 321033501 321033502 321033503 321033516 321033517 321033518 321033519 321040405 321040911 321040912 321040915 321040917 321040918 321040921 321040922 321041903 321041904 321041908 321041919 321042903 323030401 323030402 323030403 323030404 323030405 323030406 323030501 323030502 323030512 323030513 323030514 323030515 323030521 CALIFORNIA Imperial County. Beginning at the intersection of the Riverside/Imperial County line and the California/Arizona State line; then west to the northwest corner of sec. 1, T. 9 S., R. 21 E.; the south to the California/Arizona State line; then east and north along the State line to the point of beginning. Riverside County. Beginning at the intersection of the Riverside/ Imperial 151442611 151442612 151442613 151442614 151442701 151443501 151443502 151443503 151443601 151443602 151443603 151443604 151451306 151453001 151453101 151453102 151453103 151453104 151502801 TEXAS El Paso County. The following individual fields in El Paso County are regulated areas: 441141301 441142301 441142302 441142303 441142304 441142305 441142306 441142307 441142401 441142402 441142403 441142404 441241301 441241302 441252801 441252803 441252804 441252901 441253201 441253302 441253401 Hudspeth County. The following individual fields in Hudspeth County are regulated areas: 429050701 429050702 429070101 429070102 McCulloch County. Beginning at the McCulloch/San Saba County line and the line of latitude 31.232299 N.; then west along the line of latitude 31.232299 N. to the line of longitude -99.13473 W.; then north along the line of longitude -99.13473 W to the line of latitude 31.31004 N.; then east along the line of latitude 31.31004 N. to the line of longitude -99.11427 W.; then north along the line of longitude -99.11427 W to the line of latitude 31.283487 N.; then east along the line of latitude 31.283487 N. to the McCulloch/San Saba County line; then south to the point of beginning. San Saba County. Beginning at the San Saba/Mills County line and the line of longitude -98.5851 W.; then south along the line of longitude -98.5851 W to the line of latitude 31.167959 N.; then west along the line of latitude 31.167959 N. to the line of longitude -98.903233 W.; then north along the line of longitude -98.903233 W. to the line of latitude 31.310819 N.; then east along the line of latitude 31.3100819 N. to the San Saba/ Mills County line; then south along the San Saba/Mills County line to the point of beginning; and Beginning at the San Saba/McCulloch County line and the line of latitude 31.283487 N.; then east along the line of latitude 31.283487 N. to the line of longitude -99.063487 W.; then south along the line of longitude -99.063487 W. to the line of latitude 31.232299 N.; then west along the line of latitude 31.232299 N. to the San Saba/McCulloch County line; then north along the San Saba/ McCulloch County line to the point of beginning. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 FR 62505, Nov. 24, 1997; 63 FR 1, Jan. 2, 1998; 63 FR 50751, Sept. 23, 1998; 64 FR 23752, May 4, 1999] 8301.89 -4 Planting. Wheat, durum wheat, and triticale may be planted in all fields within a regulated area. All wheat seed, durum wheat seed, and triticale seed that originates within a regulated area must be tested and found free from spores and bunted wheat kernels, then treated with a fungicide in accordance with §301.89-13(d), before it may be planted within a regulated area. [64 FR 23754, May 4, 1999] §301.89-5 Movement of regulated articles from regulated areas. (a) Any regulated article may be moved from a regulated area into or through an area that is not regulated only if moved under the following conditions: |