[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50747-50752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25407]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 319

[Docket No. 96-016-32]
RIN 0579-AA83


Karnal Bunt; Movement From Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Karnal bunt regulations to allow, under 
certain conditions, commercial lots of seed to move from restricted 
areas for seed. We are also amending the testing requirements for 
regulated articles other than seed, removing certain articles from the 
list of articles regulated because of Karnal bunt, clarifying the terms 
``used mechanized harvesting equipment'' and ``used seed conditioning 
equipment'', and clarifying requirements for soil movement with 
vegetables. These changes relieve restrictions on the movement of 
articles from areas regulated because of Karnal bunt. We are also 
requiring the moist heat treatment of millfeed produced from grain that 
tests positive for Karnal bunt, adding a moisture condition to the 
methyl bromide treatment of soil, and removing the methyl bromide 
treatment alternative for decorative articles. We are also amending the 
description of surveillance areas to more clearly distinguish between 
surveillance areas and restricted areas. In addition, we are amending 
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.

EFFECTIVE DATE: September 23, 1998.

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.
    On January 28, 1998, we published in the Federal Register (63 FR 
4198-4204, Docket No. 96-016-22) a proposal to amend the regulations by 
allowing, under certain conditions, commercial lots of seed to move 
from restricted areas for seed; amending the testing requirements for 
regulated articles other than seed; removing certain articles from the 
list of articles regulated because of Karnal bunt; clarifying the terms 
``used mechanized harvesting equipment'' and ``used seed conditioning 
equipment''; clarifying requirements for soil movement with vegetables; 
requiring the moist heat treatment of millfeed produced from grain that 
tests positive for Karnal bunt; adding a moisture condition to the 
methyl bromide treatment of soil; removing the methyl bromide treatment 
alternative for decorative articles; and amending the description of 
surveillance areas. We also proposed 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 solicited comments concerning our proposal for 60 days ending 
March 30, 1998. We received nine comments by that date. They were from 
representatives of industry in, and State governments of, States with 
areas regulated because of Karnal bunt. Two commenters supported the 
proposed rule as written. The remaining commenters expressed concerns 
about certain portions of the proposed rule. Their concerns are 
discussed below by issue.

Movement of Commercial Lots of Seed

    Comment: One of the proposed conditions for the movement of 
commercial lots of seed from a regulated area is that 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). We suggest, as an alternative, 
that commercial lots of seed also be eligible for movement if the field 
or fields where the seed was grown were not used for any Karnal bunt 
host crops during the past 5 years.
    Response: We agree that a field that has not been planted with 
Karnal bunt host crops for the past 5 years should be eligible to 
produce seed for movement in commercial lots from a regulated area. 
Five years of non-host status would verify a production area's freedom 
from Karnal bunt. Therefore, in response to this comment, this final 
rule provides that the seed may come either from a field or fields 
where the most recent previous Karnal bunt host crop tested negative 
for Karnal bunt (spores and bunted kernels) or where Karnal bunt host 
crops have not been grown during the past 5 years.
    Comment: The treatment proposed for commercial lots of seed moving 
from a regulated area is the same treatment currently required at 
Sec. 301.89-13(e) for seed used as germplasm or for research. This 
protocol is too strict. The proposed chlorine wash will be extremely 
difficult, if not impossible, to use on large quantities of commercial 
seed, and the double fungicide treatment will significantly affect the 
germination of the seed. We feel that the other proposed conditions for 
the movement of commercial lots of seed from a regulated area are 
sufficient to assure that any seed moving from a regulated area will be 
at lower risk of containing Karnal bunt (spores and bunted kernels) 
than any wheat seed in the world not so tested.
    Response: We proposed that, to be eligible for movement as seed 
under certificate, commercial lots of seed grown in a restricted area 
for seed must:
     originate from a field or fields that are not part of a 
restricted area for regulated articles other than seed or a 
surveillance area;
     originate from a field or fields where the most recent 
previous Karnal bunt host crop tested negative for Karnal bunt;
     test negative for Karnal bunt; and
     be treated in accordance with Sec. 301.89-13(e).

Under Sec. 301.89-13(e), seed to be moved from a regulated area for use 
as germplasm or for research purposes

[[Page 50748]]

must be treated with a chlorine wash, that is, 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 then with a double fungicide 
treatment of either: (1) 6.8 fl. oz. of Carboxin thiram (10 percent + 
10 percent, 0.91 + 0.91 lb. active ingredient (ai.) per gallon (gal.)) 
flowable liquid and 3 fluid ounces of pentachloronitrobenzene (2.23 lb. 
ai./gal.) per 100 pounds of seed; or (2) 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. We 
believe that the treatment of commercial lots of seed moving from a 
regulated area is a necessary component of a system designed to prevent 
the spread of Karnal bunt to noninfected areas of the United States.
    However, in response to this comment, and after extensive review of 
current research, we are making a change to the treatment required for 
commercial lots of seed moving from a regulated area. This final rule 
requires a combination of the chlorine wash and a single fungicide 
treatment, instead of the proposed double fungicide treatment. The 
single fungicide treatment may be 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 offering these single 
fungicide treatment options based on research 1 performed at 
the International Center for Maize and Wheat Improvement (CIMMYT) in 
Mexico, in cooperation with Gustafson, Inc. The research protocol 
involved 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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    We are retaining the requirement for the chlorine wash. Although 
the application of the chlorine wash may be challenging, available data 
demonstrates that it is an effective method for helping to inactivate 
Karnal bunt. Until we have data demonstrating otherwise, we believe the 
combination of the chlorine wash and fungicide treatment is necessary 
to ensure that seed planted outside regulated areas for commercial 
production of wheat does not contain any viable Karnal bunt material.
    The single fungicide 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 
move from a regulated area in commercial lots. 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 a double fungicide 
treatment.

Definition of Surveillance Area

    Comment: The proposed definition of surveillance area is too vague, 
providing the Animal and Plant Health Inspection Service (APHIS) 
latitude to continue expansion of the regulated area. We recommend that 
surveillance areas be limited to those production fields that are 
adjacent to fields designated as restricted areas for regulated 
articles other then seed. We also recommend that areas currently 
designated as surveillance areas because they are associated with a lot 
of seed found to contain a bunted kernel, or because they were found 
during a survey to contain spores consistent with Karnal bunt and were 
determined to be associated with grain at a handling facility 
containing a bunted wheat kernel, should be redesignated as restricted 
areas for seed.
    Response: As proposed, we are amending 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 will help 
differentiate between the status of a restricted area for regulated 
articles other than seed and the status of a surveillance area. We did 
not, however, propose any changes to the criteria for designating an 
area as a surveillance area, and we are not prepared to make such 
changes now. At this time, we continue to believe that fields 
associated with a bunted kernel present a greater risk than other 
fields. We, therefore, identify them and impose certain restrictions on 
the movement of regulated articles from them.

Removal of Certain Articles from the List of Regulated Articles

    Comment: We agree that used bags, sacks, and containers; used farm 
tools; used mechanized cultivating equipment; and used soil moving 
equipment should be removed from the list of regulated articles, but we 
believe that harvesting and seed conditioning equipment should also be 
removed from that list.
    Response: Because of the way that mechanized harvesting equipment 
and seed conditioning equipment are constructed, it is extremely 
difficult to remove all of the plant parts, including wheat seeds or 
other parts of wheat plants, from the cracks and crevices of this type 
of equipment after it has been used. Therefore, when this equipment is 
used in a regulated area in the production of Karnal bunt host crops, 
it presents a risk of spreading Karnal bunt if moved from a regulated 
area without being cleaned and disinfected as required by the 
regulations. Therefore, we are making no changes to the proposed rule 
in response to this comment.

Deregulation

    Comment: The proposed rule does not provide information on when and 
how APHIS plans to accomplish the complete deregulation of Karnal bunt. 
APHIS needs to provide affected entities with its plan for 
deregulation, including information on how many harvests must be tested 
before an area can be deregulated.
    Response: The complete deregulation of the areas regulated because 
of Karnal bunt is outside of the scope of our proposed rule. As Karnal 
bunt is eliminated, and as we gather research and data to support 
deregulation, we will continue to take appropriate action through 
future rulemaking.
    Comment: In Docket No. 97-060-1, APHIS proposed to declare the 
Mexicali Valley of Mexico free from Karnal bunt and to allow wheat seed 
to move into the United States from that area. APHIS cannot justify 
declaring the Mexicali Valley free from Karnal bunt as long as the 
Agency continues to regulate adjacent areas of Arizona and California 
for the same disease. Given that Karnal bunt can spread by natural, as 
well as artificial, means, one cannot expect that the Mexicali Valley 
could escape inoculation by the disease during the period that 
contiguous areas became infected.

[[Page 50749]]

    Response: January 27, 1998, we published in the Federal Register 
(63 FR 3844-3848, Docket No. 97-060-1) a proposal to amend the wheat 
diseases regulations in 7 CFR part 319.59 by recognizing a wheat-
growing area within the Mexicali Valley of Mexico as being free from 
the wheat disease Karnal bunt. We will consider this comment as a 
comment on Docket No. 97-060-1 and will address the issue raised by the 
commenter as part of that rulemaking.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule with the changes discussed in this document.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be significant for the purposes of Executive 
Order 12866 and, therefore, has been 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 amending 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 are also removing certain articles from the list of 
articles regulated because of Karnal bunt, clarifying the terms ``used 
mechanized harvesting equipment'' and ``used seed conditioning 
equipment,'' and clarifying requirements for soil movement with 
vegetables. These changes relieve restrictions on the movement of 
articles from areas regulated because of Karnal bunt. We are also 
requiring the moist heat treatment of millfeed produced from grain that 
tests positive for Karnal bunt, adding a moisture condition to the 
methyl bromide treatment of soil, and removing the methyl bromide 
treatment alternative for decorative articles.
    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 will therefore largely affect small 
entities. The analysis of economic impacts would thus fulfill the 
requirement of a cost-benefit analysis under Executive Order 12866, as 
well as the analysis of impacts of small entities 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 
annual sales of $5 million or less.
    The change to allow, under certain conditions, commercial lots of 
seed to move out of a restricted area for seed will benefit regulated 
growers of wheat seed and other affected entities. For the first time 
since regulated areas were established, commercial lots of wheat seed 
will be eligible to move out of a regulated area, if, among other 
things, the seed is 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 areas in those four States. The change will, 
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 \1\      Total
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Restricted area for seed.......................      797,000      100,000       58,650   \2\ 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 could
 grow wheat seed eligible for movement in
 commercial lots from the regulated area.......      655,838       12,887       54,660        3,950     727,335
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\1\ The acreage for Texas is comprised of two regulated areas, one in El Paso and the other in San Saba. The
  regulated area in San Saba was established in the latter part of 1997, as a result of Karnal Bunt National
  Survey findings.
\2\ 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 are a function of many factors, including factors not 
related to the regulatory environment (e.g., prices). The impact of 
this rule will likely be most noticeable 1 to 2 years after its 
effective date; by that time, growers will have had the chance to 
adjust planting schedules to take advantage of the amended restrictions 
and will have had the opportunity to satisfy other provisions of the 
rule (i.e., the requirement that commercial lots of seed intended for 
movement from a regulated area must come either from a field or fields 
where the most recent previous Karnal bunt host crop tested negative 
for Karnal bunt (spores and bunted kernels), or where Karnal bunt host 
crops have not been grown during the past 5 years).
    Another of the rule'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 
rule, in addition to fungicide treatments, commercial lots of seed must 
be treated with sodium hyperchlorite (chlorine). 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 who choose to produce wheat 
seed for commercial use may incur costs for special equipment. However, 
the treatment for commercial seed is necessary to reduce the risk of 
the

[[Page 50750]]

spread of Karnal bunt to noninfected areas of the United States.
    Notwithstanding these requirements, the positive potential of the 
changes on seed plantings could be considerable. As indicated above, an 
estimated 727,335 acres of regulated land will be eligible to grow 
wheat seed that may, under certain conditions, move in commercial lots 
out 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 for seed as a result of this rule, an 
additional 30,912 acres in the regulated area would be planted for 
seed. By comparison, approximately 122,000 acres 2 of wheat 
were planted in the entire regulated area in the 1996-97 growing 
season.
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    \2\ This figure includes 20,000 acres planted in the San Saba 
area of Texas. At the time of those plantings, the San Saba area was 
not under regulation, but a regulated area was established in San 
Saba during the latter part of 1997, as a result of Karnal Bunt 
National Survey findings.
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    We are also amending the testing requirements for grain used other 
than for seed. Under the rule, such grain must 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 will 
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, 
therefore, has the potential to affect most of the wheat grown in 
surveillance areas. Because grain intended for movement from the 
regulated area will be surveyed for bunted kernels only, and because 
those surveys will be conducted at the field rather than at the 
conveyance, we expect that the new testing procedures will save time 
for grain handlers. In addition, because laboratory analyses for spores 
will no longer be required, the U.S. Department of Agriculture will 
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 will be 
an increase in the number of shipments that will move from regulated 
areas, before the new testing procedures are in place. Nevertheless, 
this change will likely have a positive impact on the movement of grain 
and other regulated articles other than seed from regulated areas.
    For both of these 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 entities that will likely be most 
affected will be wheat producers. It is estimated that there are 
currently a total of 373 wheat growers in the regulated areas: 248 in 
Arizona, 21 in California, 23 in New Mexico, and 81 in 
Texas.3 Of those, the number of wheat growers in 
surveillance areas is estimated to be 99, with 21 in Arizona, 18 in 
California, and 60 in Texas, and the number of wheat growers in 
restricted areas for seed (not including restricted areas for regulated 
articles other than seed or surveillance areas) is estimated to be 274, 
with 227 in Arizona, 3 in California, 23 in New Mexico and 21 in Texas. 
Most of these wheat growers are assumed to have gross annual receipts 
of less than $0.5 million, the SBA's threshold for classifying wheat 
producers as small entities. Accordingly, these changes will positively 
impact primarily small entities. Growers will benefit from fewer 
restrictions on the movement of regulated articles, which will enable 
growers to reach new markets for their products. In addition, wheat 
seed dealers, harvesters, transporters, and processors may also benefit 
from the changes to the regulations, but the magnitude of the impact on 
these entities cannot be determined.
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    \3\ These estimates are for the 1997-1998 crop season, and are 
based on data available as of December 31, 1997.
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    Regarding the remainder of the actions in this document, three main 
parties will be affected by these amendments: vegetable growers, 
millers, and decorative wheat product makers.
    This rule will amend the requirements for soil movement with 
vegetables to clarify that vegetables must be cleaned prior to movement 
from a regulated area if the vegetables were grown in a restricted area 
for regulated articles other than seed. Previously, the regulations 
required all vegetables grown in a regulated area to be cleaned prior 
to movement. Although this action will relieve restrictions, we do not 
expect this action to have a significant impact on affected entities in 
regulated areas because few fields will be affected by this rule change 
and because cleaning soil from vegetables during harvest is a standard 
business practice.
    This rule will require millfeed to be treated if it is produced 
from grain that tests positive for Karnal bunt. There are fewer than 30 
millers who will potentially be affected by this change. The exact 
number of millers who elect to mill wheat that has tested positive for 
Karnal bunt is unknown at this time. 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. 
Because of the manner in which it is processed, wheat used for animal 
feed does not require treatment.
    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.
    In addition, this rule removes an ineffective treatment for 
decorative straw/stalks/seed heads and adds moisture conditions to the 
methyl bromide treatment procedures for soil. We expect little impact 
on affected entities in regulated areas as a result of these changes. 
Decorative straw/stalks/seed heads will continue to be eligible for 
movement from regulated areas under limited permit or if the articles 
have been processed or manufactured prior to movement and are intended 
for use indoors. Adding water to soil before methyl bromide treatment 
should have little practical impact on potentially affected entities, 
such as nurseries, because the need for such treatment is rare. 
However, if needed, the change to the methyl bromide treatment of soil 
would not significantly increase the costs associated with that 
treatment. These actions will help prevent the artificial spread of 
Karnal bunt in the United States.
    We are also amending the description of surveillance areas to more 
clearly distinguish between surveillance areas and restricted areas. In 
addition, we are amending 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 will 
have any economic impact.
    The changes to the regulations will 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

[[Page 50751]]

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 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 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. Section 301.89-2 is 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;
* * * * *
    3. Section 310.89-3 is 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) is 
removed and a semicolon added in its place, and a new paragraph (a)(4) 
is 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 is amended by revising paragraph (b) and by 
adding a new paragraph (d) to read as follows:


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, or from a field 
or fields where Karnal bunt host crops have not been planted for the 
previous 5 years;
    (3) Test negative for Karnal bunt; and
    (4) Be treated in accordance with Sec. 301.89-13(f).
* * * * *
    6. Section 301.89-12 is 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(a) 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(c).
    7. Section 301.89-13 is amended by revising paragraph (a) 
introductory text, and paragraphs (b), (c), and (f) to read as follows:


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.
* * * * *
    (f) Commercial lots of seed originating from an eligible restricted 
area for seed, as described in Sec. 301.89-6(d)(1), 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 then with one 
of the following:

[[Page 50752]]

    (1) 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./gal.) 
flowable liquid per 100 pounds of seed;
    (2) 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) 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) 
per 100 pounds of seed.

PART 319--FOREIGN QUARANTINE NOTICES

    8. The authority citation for part 319 continues 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'' is 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 17th day of September 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-25407 Filed 9-22-98; 8:45 am]
BILLING CODE 3410-34-P