[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Rules and Regulations]
[Pages 64263-64265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31902]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / 
Rules and Regulations  

[[Page 64263]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-27]
RIN 0579-AA83


Karnal Bunt; Approved Treatments

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 by adding three 
alternative treatments for seed originating from a regulated area that 
will be planted within a regulated area. We are making this change 
based on new data that demonstrates that these treatments are 
sufficient to prevent the spread of Karnal bunt through planted seed. 
This action will reduce the regulatory burden on wheat growers and 
other affected persons in the regulated area.

DATES: Interim rule effective November 28, 1997. Consideration will be 
given only to comments received on or before February 3, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-016-27, 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. 96-016-27. 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 20737-1236, (301) 734-8247.

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 smut 
fungus Tilletia indica (Mitra) Mundkur and is spread by spores, 
primarily through the movement of infected seed. In the absence of 
measures taken by the U.S. Department of Agriculture (USDA) to prevent 
its spread, the establishment of Karnal bunt in the United States could 
have significant consequences with regard to the export of wheat to 
international markets. The regulations regarding Karnal bunt in the 
United States are set forth in 7 CFR 301.89-1 through 301.89-14.
    Section 301.89-4 sets forth requirements for the planting of Karnal 
bunt host crops in a regulated area. Wheat, durum wheat, and triticale 
may be planted in surveillance areas and restricted areas for seed, but 
not in restricted areas for regulated articles other than seed. If the 
wheat seed, durum wheat seed, or triticale seed to be planted 
originated within a regulated area, then, prior to planting, the seed 
must be tested and found free from spores and bunted wheat kernels and 
treated with a fungicide in accordance with Sec. 301.89-13(d).
    Section 301.89-13 provides treatment requirements for seed and 
regulated articles other than seed that originated within a regulated 
area. Section 301.89-13(d) provides two options for treating seed that 
originated within a regulated area and that will be planted within a 
regulated area. Those two treatment options are: (1) The seed is 
treated with 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. active ingredient (ai.)/gal.) flowable liquid and 3 
fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 
pounds of seed; or (2) the seed is treated with 4.0 fluid ounces of 
Carboxin thiram (1.67 + 1.67 lb. ai./gal.) flowable liquid and 3 fluid 
ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of 
seed.
    Both of the treatment options require the use of a combination of 
two fungicides: Carboxin thiram and pentachloronitrobenzene. The two 
treatments differ only in the formulations of these fungicides. We 
established these double fungicide treatment options in a final rule, 
published in the Federal Register on October 4, 1996 (61 FR 52190-
52213, Docket No. 96-016-14). At that time, our decision to require a 
double fungicide treatment was based on our experience controlling 
other kinds of plant diseases and on discussions with Karnal bunt 
experts from other countries. When the regulations were first 
established, we had had no prior experience with Karnal bunt in the 
United States. Therefore, initially, we decided on the double fungicide 
treatment options in an effort to establish safeguards that we could be 
certain would quickly and effectively control the spread of Karnal 
bunt.
    Now, however, based on new information, we are amending the 
regulations to allow three alternative treatments for seed that 
originated in a regulated area and that will be planted in a regulated 
area. Specifically, we are allowing three different single fungicide 
treatments for such seed. Seed for planting in the regulated area may 
be treated with either Carboxin thiram or pentachloronitrobenzene, as 
follows: (1) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. 
ai./gal.) flowable liquid per 100 pounds of seed; (2) with 6.8 fl. oz. 
of Carboxin thiram (10 percent + 10 percent, 0.91 + 0.91 lb. ai./gal.) 
flowable liquid per 100 pounds of seed; or (3) with 3 fluid ounces of 
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed. We 
are adding these single fungicide treatment options based on research 
1 that demonstrates that any of these single fungicide 
treatments, together with negative testing for Karnal bunt, is adequate 
to prevent the spread of Karnal bunt through planted seed. The research 
that demonstrated this was performed at the International Center for 
Maize and Wheat Improvement (CIMMYT) in Mexico, in cooperation with 
Gustafson, Inc. The research protocol involved

[[Page 64264]]

adding Tilletia indica teliospores uniformly to a wheat seed source, 
applying the fungicides at the specified concentrations, and plating 
teliospores recovered from the wheat samples onto growth media to 
assess teliospore viability at 15, 60, 120, and 180 days after 
treatment. The results indicated that treatment with either of the 
fungicides Carboxin thiram or pentachloronitrobenzene was comparable in 
effectiveness to the double treatment using both.
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    \1\ Information on this research is available from the person 
listed under FOR FURTHER INFORMATION CONTACT.
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    These additional treatment options will offer more flexibility to 
wheat growers and other affected entities in regulated areas, and will 
also help minimize the use of pesticides and reduce the costs 
associated with treating seed originating in a regulated area that will 
be planted in a regulated area. This action will continue to prevent 
the spread of Karnal bunt through planted seed while addressing a 
concern that some growers have regarding a possible reduction in 
germination of seed treated with one of the double fungicide 
treatments. We are, however, continuing to offer double fungicide 
treatments as an alternative seed treatment to enable growers whose 
seed has already been treated in that manner, or growers who choose to 
continue to treat seed with a double fungicide treatment, to plant that 
seed in coming seasons.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Growers have 
expressed concern that the double fungicide treatment may negatively 
affect seed germination, and preliminary data from research 
commissioned by the Arizona Department of Agriculture and industry 
groups suggests that this effect may occur for at least some varieties 
of seed. This research data indicates that for the seed varieties 
tested, untreated seed germinated at a rate of 96.5 percent, while 
double treated varieties germinated at rates of 91 percent to 95 
percent, depending on the seed variety.
    Growers are ready to plant seed for this season's wheat crop. 
Although some seed has been treated with a double fungicide treatment, 
a significant portion of seed has not yet been treated. As discussed 
above, we have data indicating that the single fungicide treatments 
contained in this rule will effectively prevent the spread of Karnal 
bunt through planted seed, and amending the regulations to allow a 
single treatment will reduce the loss to growers. Immediate action is 
necessary to give growers the option of planting seed that has received 
a single fungicide treatment.
    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.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We expect this action to have a slight positive economic impact on 
growers and other affected persons in regulated areas. However, this 
emergency situation makes compliance with section 603 and timely 
compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) impracticable. If we determine that this rule would have a 
significant economic impact on a substantial number of small entities, 
then we will discuss the issues raised by section 604 of the Regulatory 
Flexibility Act in our Final Regulatory Flexibility 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 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.

National Environmental Policy Act

    The environmental assessment and finding of no significant impact 
prepared for an earlier final rule provides a basis for the conclusion 
that the anti-fungicide treatments required under the Karnal bunt 
regulations do not present a risk of introducing or disseminating plant 
pests and will not have a significant impact on the quality of the 
human environment. (See Docket No. 96-016-14, October 4, 1996, 61 FR 
52189.) 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 of 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

    This proposed rule contains no new 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, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In Sec. 301.89-13, paragraph (d) is revised to read as follows:


Sec. 301.89-13  Treatments.

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[[Page 64265]]

    (d) Seed for planting must be treated by one of the following 
methods:
    (1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of 
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed;
    (2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene 
(2.23 lb. ai./gal.) per 100 pounds of seed;
    (3) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid per 100 pounds of seed;
    (4) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. ai./gal.) flowable liquid per 100 pounds of seed; or
    (5) With 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./
gal.) per 100 pounds of seed.
* * * * *
    Done in Washington, DC, this 28th day of November.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-31902 Filed 12-4-97; 8:45 am]
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