[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Proposed Rules]
[Pages 4198-4204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1776]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 18 / Wednesday, January 28, 1998 /
Proposed Rules
[[Page 4198]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 301 and 319
[Docket No. 96-016-22]
RIN 0579-AA83
Karnal Bunt; Movement From Regulated Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Karnal bunt regulations to
allow, under certain conditions, commercial lots of seed to move from
restricted areas for seed. We also propose to amend the testing
requirements for regulated articles other than seed, remove certain
articles from the list of articles regulated because of Karnal bunt,
clarify the terms ``used mechanized harvesting equipment'' and ``used
seed conditioning equipment,'' and clarify requirements for soil
movement with vegetables. These changes would relieve restrictions on
the movement of articles from areas regulated because of Karnal bunt.
We also propose to amend the requirements for treating millfeed and
soil, and remove the methyl bromide treatment alternative for
decorative articles. These changes appear necessary to help prevent the
spread of Karnal bunt. We also propose to amend the definition of
surveillance areas to more clearly distinguish between surveillance
areas and restricted areas. In addition, we are proposing to amend the
regulations governing the importation of wheat into the United States
to make the definition of the term ``Karnal bunt'' consistent with the
definition of that term in the Karnal bunt regulations.
DATES: Consideration will be given only to comments received on or
before March 30, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-016-22, 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. 96-016-22. 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. Mike Stefan, 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.
We are proposing to amend the Karnal bunt regulations to allow,
under certain conditions, commercial lots of seed to move from
restricted areas for seed; amend the testing requirements for regulated
articles other than seed; remove certain articles from the list of
articles regulated because of Karnal bunt; clarify the terms ``used
mechanized harvesting equipment'' and ``used seed conditioning
equipment''; clarify requirements for soil movement with vegetables;
amend the requirements for treating millfeed and soil; remove the
methyl bromide treatment alternative for decorative articles; and amend
the definition of surveillance areas.
Movement of Seed From Restricted Areas for Seed
Under the current Karnal bunt regulations, areas regulated because
of Karnal bunt are divided into three categories: restricted areas for
regulated articles other than seed, surveillance areas, and restricted
areas for seed. Restricted areas for regulated articles other than seed
are individual fields that were (1) found during survey to contain a
bunted wheat kernel, (2) planted with seed from a lot that was found to
contain a bunted wheat kernel, or (3) found during survey to contain
spores consistent with Karal bunt and determined to be associated with
grain at a handling facility containing a bunted wheat kernal. No field
currently identified as a restricted area for regulated articles other
than seed are currently planted with Karnal bunt host crops (wheat,
durum wheat, and triticale), and no host crops may be planted in these
fields. Surrounding these fields are the surveillance areas. The
restricted areas for seed encompass the largest area, covering and
extending beyond the other two categories of regulated areas.
The movement of commercial lots of seed from a restricted area for
seed is prohibited; seed in smaller lots for germplasm or research
purposes may be moved from a restricted area for seed if treated in
accordance with the regulations at Sec. 301.89-13(e).
Those portions of a restricted area for seed that extend beyond the
surveillance areas do not contain any fields where a bunted wheat
kernal has been found or any fields found to contain spores consistent
with Karnal bunt and associated with grain at a handling facility
containing a bunted wheat kernal. We propose to allow commercial lots
of seed to move from a restricted area for seed if: (1) The field or
fields where the seed was grown are not part of a restricted area for
regulated articles other than seed or a surveillance area; (2) the seed
tests negative for Karnal bunt (spores and bunted kernels); (3) the
most recent previous Karnal bunt host crop grown in the field or fields
where the seed intended for movement was grown also tested negative for
Karnal bunt (spores and bunted kernels); and (4) the seed intended for
movement is treated in accordance with Sec. 301.89-13(e), currently
designated as the treatment for
[[Page 4199]]
seed used as germplasm or for research purposes.
We would not allow seed to move from a restricted area for seed if
the field where the seed was grown is also a part of a restricted area
for articles other than seed or a surveillance area because of the
higher risk of the presence of Karnal bunt in such areas. As noted
above, the regulations do not allow for the planting of host crops in a
restricted area for regulated articles other than seed. Therefore, seed
cannot be grown in those areas. However, it is possible that a bunted
kernel may be detected in a field that is not currently designated a
restricted area for regulated articles other than seed while that field
is planted with a Karnal bunt host crop. In that case, when the bunted
kernel is detected, the field would immediately be designated a
restricted area for regulated articles other than seed, and the crop
would not be eligible for certified movement as a commercial lot of
seed. Unlike restricted areas for regulated articles other than seed,
surveillance areas may be planted with host crops, in accordance with
Sec. 301.89-4, and, therefore, seed could be grown in surveillance
areas. Yet because of a surveillance area's proximity to a restricted
area for regulated articles other than seed (i.e., a field associated
with bunted kernels), we would not allow commercial lots of seed from
surveillance areas to move out of the regulated area.
We would require that, prior to movement from the restricted area
for seed, the seed test negative for Karnal bunt (spores and bunted
kernels) to help reduce the risk of the spread of the disease to
noninfected areas of the United States. Because of its intended use as
seed for planting, seed presents a higher risk than grain of spreading
Karnal bunt. Therefore, in accordance with Sec. 301.89-4(b), we would
require that seed test negative for both spores and bunted kernels
before moving from the restricted area for seed.
Also, the most recent previous Karnal bunt host crop grown in the
field or fields where the seed intended for movement was grown must
have tested negative for Karnal bunt (spores and bunted kernels). This
requirement would help verify the production area's long-term freedom
from Karnal bunt. Because crops are rotated, a field will likely not be
planted with Karnal bunt host crops in consecutive years. Negative test
results for fields surveyed for Karnal bunt during the 1995-1996 and
the 1996-1997 growing seasons would allow the next applicable Karnal
bunt host crop planted in those fields to meet this eligibility
requirement. If a field has not yet been surveyed, that field would
have to be surveyed while planted with a host crop and found free of
Karnal bunt (spores and bunted kernels) in order for a subsequent seed
crop, during a future growing season, to meet this eligibility
requirement. During each crop season, we would survey fields in the
restricted area for seed that are planted with Karnal bunt host crops
intended for use as seed and survey additional fields in the area. The
data that we collect in these surveys will provide information over a
period of years and through a variety of environmental conditions to
confirm an area's continued freedom from the disease.
Lastly, we would require that, prior to movement from the
restricted area for seed, the seed be treated in accordance with the
treatment currently authorized for seed for use as germplasm or for
research purposes (see Sec. 301.89-13(e)). This requirement would help
reduce the risk of the spread of Karnal bunt to noninfected areas of
the United States.
Testing Requirements for Regulated Articles Other Than Seed
Currently, to be eligible for certified movement, regulated
articles other than seed must be tested for both Karnal bunt spores and
bunted kernels prior to movement from the regulated area (see
Sec. 301.89-6(b) and (d)). However, because of its intended uses (for
example, processing for millfeed or animal feed), grain presents a much
lower risk of spreading Karnal bunt than seed. We therefore propose to
allow the certified movement of grain other than for seed if the grain
is tested prior to movement from the field or before being commingled
with other grains and found free of bunted kernels only, rather than
Karnal bunt spores and bunted kernels. We believe that this testing of
grain for bunted kernels provides an appropriate level of protection
against the spread of Karnal bunt by grain.
Removal of Regulated Articles
Certain articles present a significant risk of spreading Karnal
bunt if the articles are moved from regulated areas without
restriction. We call these articles ``regulated articles.'' When Karnal
bunt was first detected in the United States, we established an
extensive list of regulated articles. Based on our experience with the
control of other plant diseases, we included, as a precautionary
measure, many articles on the list of regulated articles that we
believed could present a significant risk of spreading Karnal bunt.
Subsequently, a further assessment of the risk involved in moving
regulated articles was performed. This assessment considered factors
such as additional information about Karnal bunt and the way in which
it spreads, the size of regulated areas, the movement of regulated
articles within and outside of regulated areas, and the normal business
practices involved in the handling of regulated articles. As a result
of this assessment, we are proposing to amend the list of regulated
articles by removing used bags, sacks, and containers; used farm tools;
used mechanized cultivating equipment; and used soil moving equipment
from the list of regulated articles because these items present a
negligible risk of spreading Karnal bunt. Accordingly, as these
articles would no longer be regulated, we are also proposing to revise
paragraph (a) of Sec. 301.89-12 to remove the requirement that these
articles be treated in accordance with Sec. 301.89-13; to revise
paragraph (a) of Sec. 301.89-13, which describes treatments for
mechanized farm equipment (which includes mechanized cultivating
equipment), farm tools, and soil moving equipment; and to remove
paragraph (f) of Sec. 301.89-13, which describes treatments for bags,
sacks, and containers. As a result of these changes to the regulations,
used bags, sacks, containers, and used farm tools, mechanized
cultivating equipment, and soil moving equipment would no longer have
to be treated before being moved from a regulated area. These actions
would relieve an unnecessary regulatory burden on the wheat industry in
areas regulated because of Karnal bunt while continuing to protect
against the spread of Karnal bunt to noninfected areas of the United
States.
Used Mechanized Harvesting Equipment and Used Seed Conditioning
Equipment
When we first established the regulations to prevent the spread of
Karnal bunt in the United States, we listed as regulated articles
``used mechanized harvesting equipment'' and ``used seed conditioning
equipment'' because, when this type of equipment is used in a regulated
area in the production of Karnal bunt host crops, the equipment
presents a risk of spreading Karnal bunt if moved outside the regulated
area without restriction. However, in the regulations, we did not
specify what was meant by the word ``used.'' Therefore, any mechanized
harvesting equipment or seed conditioning equipment used in the area
regulated for Karnal bunt, whether or not that equipment was used in
association with Karnal bunt host crops, was subject to the
requirements of the
[[Page 4200]]
regulations, including the treatment requirements in Sec. 301.89-13.
Within the areas regulated because of Karnal bunt, there is no
reason to regulate mechanized harvesting equipment and seed
conditioning equipment if the equipment is not used in the production
of Karnal bunt host grains. Therefore, we are proposing to amend
Sec. 301.89-2 (l) and (m) to clarify that only mechanized harvesting
equipment and seed conditioning equipment that were used in the
production of wheat, durum wheat, or triticale are considered regulated
articles. Accordingly, we would also revise paragraph (a) of
Sec. 301.89-12 to clarify that only mechanized harvesting equipment and
seed conditioning equipment that were used in the production of wheat,
durum wheat, or triticale are required to be treated in accordance with
Sec. 301.89-13 prior to movement from the regulated area. (A regulated
area includes all restricted areas for seed and all restricted and
surveillance areas for regulated articles other than seed.) This action
would relieve an unnecessary regulatory burden on producers in Karnal
bunt regulated areas.
Soil Movement
We are also proposing to clarify the requirements for soil movement
with vegetables, located at Sec. 301.89-12(b), because there has been
confusion concerning the requirements for soil attached to root crops
and other commodities moving from areas regulated because of Karnal
bunt. We have stated in previous documents that we believe that there
is a risk of spreading Karnal bunt through the movement of soil.
However, we recognize this risk in most cases is negligible based on
(1) survey data, (2) intended use of the produce for consumption, and
(3) the cleaning and handling of root crops and other commodities in
normal business practice. Consequently, in this proposed rule, we
propose to specify that soil attached to root crops and other
commodities must be removed only if the crops or commodities were grown
in fields that are in restricted areas for regulated articles other
than seed because these are the fields that have been determined to be
directly associated with bunted kernels. We believe that these fields
are high risk for spreading Karnal bunt and warrant the soil removal
restrictions. We believe that root crops and commodities from fields in
proximity (i.e., restricted areas for seed) are lower risk, and that
the intended use of the products (consumption) and normal business
practices (cleaning and grading of the crops) are sufficient to
mitigate the risk of spreading Karnal bunt to other areas of the United
States. This action would relieve an unnecessary regulatory burden on
growers of vegetables and fruits within regulated areas.
Millfeed Treatment
We are proposing to amend the requirements for treatment of
millfeed. In the October 4, 1996, final rule, we established special
requirements for the treatment and handling of millfeed. Specifically,
we required that millfeed be treated with a moist heat treatment of 170
deg.F for at least 1 minute if the millfeed resulted from the milling
of grain from either: (1) Fields in which preharvest samples test
positive for Karnal bunt during the 1996-1997 crop season; or (2)
fields located in a restricted area. During the 1996 harvest season, we
allowed a destination State willing to accept appropriate monitoring
responsibilities to determine the appropriate treatment and handling of
millfeed based on the intended use of the millfeed within the
destination State.
Because of changes to the description of ``restricted area'' made
in the May 1, 1997, interim rule, millfeed must only be treated if it
is produced from grain grown in a restricted area. However, under the
May 1, 1997, interim rule, individual fields that are in restricted
areas may not be planted with wheat, durum wheat, or triticale.
Therefore, no millfeed is produced from grain grown in fields in
restricted areas, and consequently, no millfeed currently requires
treatment under the regulations. However, we believe that millfeed, if
it results from the milling of grain that tests positive for Karnal
bunt, carries a risk of spreading Karnal bunt. Therefore, we are
proposing to amend Sec. 301.89-13(c) to require that millfeed produced
from grain that tests positive for Karnal bunt be treated with a moist
heat treatment of 170 deg.F for at least 1 minute. This action will
help prevent the spread of Karnal bunt into noninfected areas of the
United States.
Methyl Bromide Treatment
The regulations at Sec. 301.89-13(b) allow, among other things,
straw/stalks/seed heads for decorative purposes to move from a
regulated area if they are treated with methyl bromide. Straw/stalks/
seed heads may move without treatment if they have been processed or
manufactured prior to movement and are for use indoors. We are
proposing to remove the methyl bromide treatment for straw/stalks/seed
heads for decorative purposes. Results of recently conducted research
indicate that methyl bromide is not effective in devitalizing
teliospores of Tilletia indica under dry conditions. Wetting the straw/
stalks/seed heads is not practical because the articles would be
damaged. Straw/stalks/seed heads for decorative purposes would still be
eligible for movement, if processed or manufactured prior to movement
and intended for use indoors, or if moved under limited permit for
specified handling, utilization, or processing, under the provisions of
Sec. 301.89-6. This action would remove an ineffectual treatment method
from the regulations.
Section 301.89-13(b) also provides that soil may be moved from a
regulated area after treatment with methyl bromide. Because we have
established that methyl bromide does not deactivate teliospores of
Tilletia indica under dry conditions, we are proposing to add a
moisture condition to the treatment of soil. Based on research, we are
proposing to require that soil be wetted with water, to a depth of 1
inch, just prior to methyl bromide treatment. The water may be added by
irrigation or rain. This action would help prevent the spread of Karnal
bunt into noninfected areas of the United States.
Definition of Surveillance Areas
We are proposing to amend the description of surveillance area at
Sec. 301.89-3(e)(4) to clarify that a surveillance area is an area
where Karnal bunt is not known to occur but where, for various reasons,
intensive surveys are necessary. This action would help differentiate
between the status of a restricted area for regulated articles other
than seed and the status of a surveillance area.
Definition of Karnal Bunt
The regulations at 7 CFR 319.59 through 319.59-2 govern the
importation of wheat into the United States to prevent the introduction
of foreign wheat diseases, such as flag smut and Karnal bunt. We are
proposing to revise the definition of ``Karnal bunt'' at Sec. 319.59-1
to make it consistent with the definition of Karnal bunt in
Sec. 301.89-1. The new definition of Karnal bunt at Sec. 319.59-1 would
read ``A plant disease caused by the fungus Tilletia indica (Mitra)
Mundkur.''
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be economically significant for the
purposes of Executive Order 12866 and, therefore, has been
[[Page 4201]]
reviewed by the Office of Management and Budget.
The Karnal bunt regulations were established under the Plant
Quarantine Act (7 U.S.C. 151-165 and 167) and the Federal Plant Pest
Act (7 U.S.C. 150aa-150jj), which authorize the Secretary of
Agriculture to take measures necessary to prevent the spread of plant
pests, including diseases, that are new to, or not widely prevalent in,
the United States.
We are proposing to amend the Karnal bunt regulations to allow,
under certain conditions, commercial lots of seed to move out of a
restricted area for seed and to amend the testing requirements for
regulated articles other than seed. We also propose to remove certain
articles from the list of articles regulated because of Karnal bunt,
clarify the terms ``used mechanized harvesting equipment'' and ``used
seed conditioning equipment,'' and clarify requirements for soil
movement with vegetables. These changes would relieve restrictions on
the movement of articles from areas regulated because of Karnal bunt.
We also propose to amend the requirements for treating millfeed and
soil, and remove the methyl bromide treatment alternative for
decorative articles.
The proposed change to allow, under certain conditions, commercial
lots of seed to move out of a restricted area for seed would benefit
regulated growers of wheat seed and other affected entities. For the
first time since the regulated area was established, commercial lots of
wheat seed would be eligible to move out of the regulated area, if,
among other things, the seed was grown in a restricted area for seed
that is not also part of a restricted area for regulated articles other
than seed or a surveillance area. Those regulated areas that are
restricted areas for seed, but that are not also part of a restricted
area for regulated articles other than seed or a surveillance area,
amount to an estimated 727,335 acres of regulated land in four States
(Arizona, California, New Mexico, and Texas). These 727,335 acres
represent 75 percent of the combined regulated area in those four
States. The proposed change would, therefore, open up a substantial
volume of regulated acreage to export sales of wheat seed. The
estimated current regulated acreage, by State and regulatory
designation, is as follows:
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Arizona California New Mexico Texas Total
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Restricted area for seed....................... 797,000 100,000 58,650 \1\ 20,469 976,119
Restricted area for regulated articles other
than seed..................................... 6,162 3,113 3,990 1,519 14,784
Surveillance area.............................. 135,000 84,000 0 15,000 234,000
Portion of restricted area for seed that would
be eligible to grow wheat seed for movement in
commercial lots from the regulated area....... 655,838 12,887 54,660 3,950 727,335
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\1\ For El Paso, restricted area for seed includes only acreage for the plowdown fields.
The opportunity for export sales of seed should have a positive
impact on seed planting in the regulated area. The magnitude of that
impact is difficult to measure, however, because year-to-year changes
in seed planting is a function of many factors, including factors not
related to the regulatory environment (e.g., prices). The impact of
this proposal would likely be most noticeable 1 to 2 years after the
effective date of the rule; by that time, growers would have had the
chance to adjust planting schedules to take advantage of the amended
restrictions and would have had the opportunity to satisfy another of
the proposal's requirements, that is, that the most recent previous
Karnal bunt host crop grown in the field must have tested negative for
Karnal bunt (spores and bunted kernels).
Another of the proposal's requirements, that seed be treated prior
to movement, may limit the amount of seed that can be moved in the
short term and may also discourage some growers from planting seed.
Under the proposal, in addition to fungicide treatments, commercial
lots of seed would have to be treated with sodium hyperchloride
(chlorine) as currently designated for the treatment of seed used for
germplasm or for research purposes. Because of the corrosive nature of
chlorine, stainless steel vats or containers may need to be installed
for treating the seed. Thus, in addition to expenditures for chemicals,
some producers may incur costs for special equipment in order to comply
with the conditions of the proposal. However, the proposed treatment
for commercial seed is necessary to reduce the risk of the spread of
Karnal bunt to noninfected areas of the United States.
Notwithstanding these requirements, the positive potential of the
proposed changes on seed plantings could be considerable. As indicated
above, an estimated 727,335 acres of regulated land would be eligible
to grow wheat seed that could, under certain conditions, move in
commercial lots outside of the regulated area. It is estimated that
only about 15 percent of those 727,335 acres are currently planted with
wheat, leaving the remaining 85 percent (approximately 618,235 acres)
potentially available for wheat seed planting in the future. Even if
only 5 percent of the 618,235 acres were planted with seed as a result
of the proposed changes, an additional 30,912 acres in the regulated
area would be planted with seed. By comparison, 118,087 acres of wheat
were planted in the entire regulated area in the 1996-97 growing
season.
We are also proposing to amend the testing requirements for grain
used other than for seed. Under the proposal, such grain would have to
be tested and found free of bunted kernels, rather than spores and
bunted kernels, prior to movement from the regulated area. Growers and
handlers of grain would benefit from this change in the testing
requirements.
As much as 90 percent of the acreage of surveillance areas that is
planted with wheat is devoted to the production of grain. This rule
change, therefore, has the potential to affect most of the wheat grown
in surveillance areas. Because grain intended for movement from the
regulated area would be surveyed for bunted kernels only, and because
those surveys would be conducted at the field rather than at the
conveyance, we expect that the new testing procedures would save time
for grain handlers. In addition, because laboratory analyses for spores
would no longer be required, USDA would save money as a result of the
new testing procedures. However, it is difficult to predict the savings
in time or money, or if there would be an increase in the number of
shipments that would move from the regulated area, before the new
testing procedures are in place. Nevertheless, this proposed change
would likely have a positive impact on the movement of grain and other
regulated articles other than seed from the regulated area.
For both of these proposed changes (i.e., to allow, under certain
conditions, the movement of commercial lots of seed from restricted
areas for seed and to amend the testing requirements for regulated
articles other than seed), the
[[Page 4202]]
entities that would likely be most affected by the changes would be
wheat producers. It is estimated that there are currently a total of
354 wheat growers in the regulated areas: 248 in Arizona, 21 in
California, 23 in New Mexico, and 62 in Texas. Of those, the number of
wheat growers in surveillance areas is estimated to be 84, with 21 in
Arizona, 18 in California, and 45 in Texas, and the number of wheat
growers in the restricted area for seed (not including restricted areas
for regulated articles other than seed or surveillance areas) is
estimated to be 270, with 227 in Arizona, 3 in California, 23 in New
Mexico and 17 in Texas. Most of these wheat growers are assumed to have
gross annual receipts of less than $0.5 million, the U.S. Small
Business Administration's threshold for classifying wheat producers as
small entities. Accordingly, these proposed changes would positively
impact primarily small entities. Growers would benefit from fewer
restrictions on the movement of regulated articles, which would enable
growers to reach new markets for their products. In addition, wheat
seed dealers, harvesters, transporters, and processors may also benefit
from the proposed changes to the regulations, but the magnitude of the
impact on these entities cannot be determined.
Regarding the remainder of the proposed actions in this document,
three main parties would be affected by these amendments: vegetable
growers, millers, and decorative wheat product makers.
It is estimated that there are nearly 50 vegetable growers within
the regulated areas. However, vegetables are expected to be grown on
only about one-quarter of the total restricted acreage in the regulated
area. Those who do grow vegetables in this area are believed to already
sufficiently clean their root crop produce so that few, if any, will be
affected by APHIS cleaning protocol.
There are fewer than 30 millers who would potentially be affected
by the proposed changes. The exact number of millers who elect to mill
wheat that has tested positive for Karnal bunt is unknown at this time.
However, data show that for the four States in the original regulated
area, the number of wheat millers are: California (12, with 1
processing durum); Arizona (2, with 1 processing durum); New Mexico
(1); and Texas (7, with 1 processing rye). In 1996-97, there were 24
wheat millers in and around the regulated area that entered into
limited permits with APHIS: 2 in Arizona, 1 in New Mexico, and 21 in
California. Data from limited permits issued in the regulated areas
indicate that millers in the following States were also affected:
Minnesota, Oregon, Virginia, Missouri, and Wisconsin. However, it is
anticipated that very little wheat that tests positive for Karnal bunt
will be present and thus available for milling. Also, it is likely that
any wheat that tests positive for Karnal bunt will be channeled into
animal feed uses.
No information is available on the number and size of affected
firms that deal in decorative wheat products. Any data on the number
and size of these entities are welcomed from the public.
Virtually all of the industries affected are likely to be composed
of producers and firms that can be categorized as small according to
the Small Business Administration (SBA) size classification. Economic
impacts resulting from this rule would therefore largely affect small
entities. The analysis of economic impacts discussed below would thus
fulfill the requirement of a cost-benefit analysis under E.O. 12866, as
well as the analysis of impacts of small entities as required by the
Regulatory Flexibility Act. Unless otherwise noted, the SBA's
characterization of a small business for the categories of interest in
this analysis is a firm that employs at most 500 employees, or has
sales of $5 million or less.
It is expected that these proposed regulatory changes would provide
some positive economic relief to entities in the regulated area. This
is especially true for businesses that produce decorative wheat
products and ship outside the regulated area and for vegetable growers
on non-restricted acres because these persons are effectively
deregulated. Cleaning of vegetables and treatment of millfeed could
increase costs to some affected firms. However, cleaning of vegetables,
according to APHIS protocol, is not expected to differ greatly from
normal business practices, so additional costs should be minimal. Also,
it is expected that little of the wheat that tests positive for Karnal
bunt in surveillance areas will be milled for flour.
In terms of the vegetable cleaning protocol, it is expected that,
at most, one-quarter of the restricted acres, or 3,356 acres, comes
into vegetable production in 1997. Assuming a cleaning cost of $20 per
acre, this cleaning requirement would create an economic cost of
$67,115 (or 3,356 acres at $20 per acre).\2\ This total cost is not
expected to significantly increase the cost of production on individual
operations. An additional $1,345 would be incurred in cleaning
vegetables on a typical farm ($67,115 divided by 50 entities). Any
additional information concerning the impact on vegetable growers is
welcomed from the public.
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\2\ This additional cost of $20 per acre is for added labor and
equipment that would be incurred by vegetable growers in adhering to
APHIS' cleaning protocols.
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In terms of millfeed treatment, assuming a 15-percent infection
rate on the 1,072,800 bushels expected to be produced in the
surveillance areas in the regulated area in 1997, only 160,920 bushels
of wheat that tests positive for Karnal bunt is expected. If 50 percent
of this quantity were to remain in the regulated area and be milled
into flour, 604 tons of millfeed would be produced. In the worst case
scenario, if all production were to test positive for Karnal bunt and
remain in the regulated area for milling, 8,046 tons of millfeed would
be produced. It is expected that most millers who must handle millfeed
produced from wheat that tests positive for Karnal bunt have the
facilities or access to facilities to treat it at this time. Cost
estimates on a per establishment basis are not available because the
Karnal bunt contamination rate and the amount of wheat that tests
positive for Karnal bunt to be milled is not known. Additionally,
compensation for millfeed treatment produced from wheat grown in a
regulated area that tests positive for Karnal bunt has been proposed
and published in the Federal Register on July 11, 1997. The level of
compensation proposed is $35 per ton. At this level of cost offset, and
assuming that the initial purchase of treatment facilities has been
made, the proposed compensation level is expected to cover almost all
the costs of treatment. Thus, the amount of compensation requested on
all of this millfeed ($21,121 of compensation in the first scenario
discussed above and $281,610 in the worst case scenario) is expected to
offset all of the economic costs incurred by millers in following APHIS
millfeed protocol requirements.
In terms of methyl bromide treatment for producers of decorative
wheat products, this proposed rule change would, effectively, relax
current regulations and, therefore, is expected to result in lower
production costs for firms using decorative wheat products. No estimate
of this relief is possible given the data available. Similarly, the
additional cost associated with the moisture requirement for the methyl
bromide treatment of soil is also unknown but is expected to be small.
Any additional information from the public concerning these impacts is
welcomed.
[[Page 4203]]
These rule changes are being proposed as a result of new evidence
that indicates that no additional risk of Karnal bunt spread is likely
if they are adopted. For example, the articles released from regulation
have been determined to pose minimal risk of Karnal bunt spread to non-
infected areas. Millfeed treatment has been relaxed on flour produced
from wheat production on fields that test negative for Karnal bunt, but
treatment is still required for wheat that tests positive for Karnal
bunt. Decorative wheat products which are likely to come into contact
with soil in and outside the regulated area pose little if any risk of
disease spread. These proposed regulatory changes are the result of
continuous research and practical industry experience in dealing with
Karnal bunt.
We also propose to amend the definition of surveillance areas to
more clearly distinguish between surveillance areas and restricted
areas. In addition, we propose to amend the regulations governing the
importation of wheat into the United States to make the definition of
the term ``Karnal bunt'' consistent with the definition of that term in
the Karnal bunt regulations. We do not anticipate that these changes
would have any economic impact.
The proposed changes to the regulations would not result in any new
information collection or recordkeeping requirements.
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
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
7 CFR Part 301
Agricultural commodities, Incorporation by reference, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Transportation.
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR parts 301 and 319 are proposed to be amended as
follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue 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. Section 301.89-2 would be amended as follows:
a. By removing paragraphs (i), (j), (k), and (n).
b. By redesignating paragraphs (l), (m), and (o) as paragraphs (i),
(j), and (k), respectively.
c. By revising newly designated paragraphs (i) and (j) to read as
set forth below:
Sec. 301.89-2 Regulated articles.
* * * * *
(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; and
* * * * *
3. Section 301.89-3 would be amended by revising paragraph (e)(3)
to read as follows:
Sec. 301.89-3 Regulated areas.
* * * * *
(e) * * *
(3) Surveillance areas. A surveillance area is a distinct definable
area where Karnal bunt is not known to exist but, because of its
proximity to a field found during survey to contain a bunted kernel or
because of its association with grain at a handling facility containing
a bunted kernel, where intensive surveys are required.
* * * * *
4. In Sec. 301.89-5, the period at the end of paragraph (a)(3)
would be removed and a semicolon added in its place and a new paragraph
(a)(4) would be added to read as follows:
Sec. 301.89-5 Movement of regulated articles from regulated areas.
(a) * * *
(4) Without a certificate or limited permit, provided the regulated
article is straw/stalks/seed heads for decorative purposes that have
been processed or manufactured prior to movement and are intended for
use indoors.
* * * * *
5. Section 301.89-6 would be amended as follows:
a. By revising paragraph (b) to read as set forth below.
b. By adding a new paragraph (d) to read as set forth below.
Sec. 301.89-6 Issuance of a certificate or limited permit.
* * * * *
(b) To be eligible for movement under a certificate, grain from a
field within a surveillance area must be tested prior to its movement
from the field or before it is commingled with other grains and must be
found free from bunted kernels. If bunted kernels are found, the grain
will be eligible for movement only under a limited permit issued in
accordance with paragraph (c) of this section.
* * * * *
(d) To be eligible for movement as seed under certificate,
commercial lots of seed grown in a restricted area for seed must:
(1) Originate from a field or fields that are not part of a
restricted area for regulated articles other than seed or a
surveillance area;
(2) Originate from a field or fields where the most recent previous
Karnal bunt host crop tested negative for Karnal bunt;
(3) Test negative for Karnal bunt; and
(4) Be treated in accordance with Sec. 301.89-13(e).
* * * * *
6. Section 301.89-12 would be revised to read as follows:
Sec. 301.89-12 Cleaning and disinfection.
(a) Mechanized harvesting equipment and seed conditioning equipment
that have been used in the production of Karnal bunt host crops must be
cleaned and disinfected in accordance with Sec. 301.89-13 prior to
movement from a regulated area.
(b) Prior to movement from a regulated area, vegetable crops grown
in fields that are in restricted areas for regulated articles other
than seed must be cleaned of all soil and plant debris or be moved
under limited permit in accordance with Sec. 301.89-6.
7. Section 301.89-13 would be amended as follows:
[[Page 4204]]
a. By revising paragraph (a) introductory text to read as set forth
below.
b. By revising paragraphs (b) and (c) to read as set forth below.
c. By revising paragraph (e) introductory text to read as set forth
below.
d. By removing paragraph (f).
Sec. 301.89-13 Treatments.
(a) All conveyances, mechanized harvesting equipment, seed
conditioning equipment, grain elevators, and structures used for
storing and handling wheat, durum wheat, or triticale required to be
cleaned and disinfected under this subpart must be cleaned by removing
all soil and plant debris and disinfected by one of the methods
specified in paragraphs (a)(1) through (a)(4) of this section, unless a
particular treatment is designated by an inspector. The treatment used
must be that specified by an inspector if that treatment is deemed most
effective in a given situation:
* * * * *
(b) Soil must be wet to a depth of 1 inch by water (irrigation or
rain) just prior to treatment and must be treated by fumigation with
methyl bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.
(c) Millfeed must be treated with a moist heat treatment of 170
deg.F for at least 1 minute if the millfeed resulted from the milling
of wheat, durum wheat, or triticale that tested positive for Karnal
bunt.
* * * * *
(e) Commercial lots of seed originating from an eligible restricted
area for seed, as described in Sec. 301.89-6(d)(1), or seed originating
from a restricted area for seed that will be used for germplasm or for
research purposes, must be treated with a 1.5 percent aqueous solution
of sodium hypochlorite (=30 percent household bleach) containing 2 mL
of Tween 20TM per liter agitated for 10 minutes at room
temperature followed by a 15-minute rinse with clean, running water and
then by drying, and either:
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
8. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
9. In Sec. 319.59-1, the definition of ``Karnal bunt'' would be
revised to read as follows:
Sec. 319.59-1 Definitions.
* * * * *
Karnal bunt. A plant disease caused by the fungus Tilletia indica
(Mitra) Mundkur.
* * * * *
Done in Washington, DC, this 20th day of January 1998.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-1776 Filed 1-27-98; 8:45 am]
BILLING CODE 3410-34-P