[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
