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