Karnal Bunt; Movement From Regulated Areas

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