[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Rules and Regulations]
[Pages 47127-47128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23905]



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  Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 / 
Rules and Regulations  

[[Page 47127]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-30]
RIN 0579-AA83


Karnal Bunt; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Karnal bunt regulations to add three alternative 
treatments for seed that originates from a regulated area and that will 
be planted within a regulated area. We made this change based on new 
data that demonstrates that these treatments are comparable in 
effectiveness to the other treatments authorized. This action reduced 
the regulatory burden on wheat growers and other affected persons in 
the regulated area.

EFFECTIVE DATE: The interim rule was effective on November 28, 1997.

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

    In an interim rule effective on November 28, 1997, and published in 
the Federal Register on December 5, 1997 (62 FR 64263-64265, Docket No. 
96-016-27), we amended the Karnal bunt regulations in Sec. 301.89-13 by 
adding three alternative treatments for seed originating from a 
regulated area that will be planted within a regulated area.
    Comments on the interim rule were required to be received on or 
before February 3, 1998. We did not receive any comments by that date. 
The facts presented in the interim rule still provide a basis for the 
rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 12988, and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended 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 
made 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 reduces the regulatory burden on wheat 
growers and other affected persons in the regulated area.
    Wheat growers stand to benefit from this change in two ways. First, 
it offers them more and less costly treatment options: The cost of 
chemicals for each of the three new treatment options for 100 pounds of 
seed is listed below:


1. 6.8 fl. oz. of Carboxin thiram (10% + 10%, 0.91 + 0.91               
 lb. ai./gal.).............................................        $1.60
2. 4.0 fl. oz. of Carboxin thiram (1.67 + 1.67 lb. ai./                 
 gal.).....................................................         1.25
3. 3.0 fl. oz. of pentachloronitrobenzene (2.23 lb. ai./                
 gal.).....................................................         0.50
                                                                        

Prior to the effective date of the interim rule, growers had only two 
treatment options: either a combination of options 1 and 3 or a 
combination of options 2 and 3.
    The interim rule thus has the potential to save growers as much as 
$1.60 or as little as $0.50 per 100 pounds of seed. However, grower 
savings are likely to be no more than $0.85 per 100 pounds of seed, 
since typically, growers used a combination of options 1 and 3 before 
the effective date of the interim rule, and have used option 2 since 
then because they believe it is the most effective single treatment 
option. The $0.85 in calculated savings is based on the cost of 
chemicals only; it does not take into account grower costs for labor or 
equipment. Any changes in labor or equipment costs which result from 
the interim rule are expected to be minimal, at most.
    Second, the interim rule may improve growers' seed germination. 
Research shows that double treated seed may germinate in some cases at 
a lower rate than untreated seed. We anticipate that single treated 
seeds may in some cases have germination rates slightly lower than 
untreated seeds and slightly higher than double treated seeds. It 
should be noted that many factors affect germination, and it is not 
possible to attribute increase or decrease in germination only to seed 
treatments.
    There are an estimated 373 wheat growers in the four States 
containing regulated areas (248 in Arizona, 21 in California, 23 in New 
Mexico, and 81 in Texas). This grower estimate is based on data for the 
1997-98 planting season. However, the full impact of the interim rule 
will not be felt until the 1998-99 planting season, because some of the 
seed planted for this year's crop was treated with a double fungicide. 
That seed was planted before the interim rule became effective on 
November 28, 1997.
    We anticipate that the number of wheat growers within the regulated 
area will increase by approximately 100 (to an estimated total of 473) 
during the 1998-99 planting season due to reduced regulatory 
restrictions. Presumably, most of these wheat growers currently have 
gross receipts of less than $0.5 million, the U.S. Small Business 
Administration's threshold for classifying wheat producers as small 
entities. Accordingly, the impact of the interim rule will largely be 
on small entities.
    It is estimated that during the 1998-99 planting season, 24,683,550 
pounds of seed from the regulated area will be treated with a single 
fungicide prior to planting that seed in the regulated area. This is an 
average of 52,185 pounds of seed per grower, assuming 473 growers. 
Based on savings of $0.85 per 100 pounds of seed, calculated above, it 
is estimated that growers will save up $444 each year as a result of 
the interim rule. This savings, although positive, represents only 1 
percent of the average wheat grower's annual sales.

[[Page 47128]]

    This $444 in cost savings is in addition to any benefits that might 
accompany potentially higher seed germination rates. If seed 
germination rates improve as anticipated, grower yield and sales may 
increase by as much as 2 percent.
    Thus, the economic impact of the interim rule on small entities 
will be positive, but relatively insignificant, equivalent to no more 
than 3 percent of the annual sales for the average wheat grower.
    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.

 List of Subjects in 7 CFR Part 301

    Agricultural commodities, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 62 
FR 64263-64265 on December 5, 1997.

    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).

    Done in Washington, DC, this 28th day of August, 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-23905 Filed 9-3-98; 8:45 am]
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