Karnal Bunt; Approved Treatments

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

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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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(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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