This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64263

Vol. 62, No. 234

Friday, December 5, 1997

1 Information on this research is available from

the person listed under FOR FURTHER INFORMATION

CONTACT.

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.

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 § 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
64264 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations

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.

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 § 301.89–13, paragraph (d) is

revised to read as follows:

§ 301.89–13 Treatments.

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

* * * * *

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]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 91 and 93

[Docket No. 94–076–2]

Cattle Imported In Bond for Feeding

and Return to Mexico

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are adopting as a final

rule, with one change, an interim rule

that amended the animal exportation

and importation regulations by

removing provisions that allowed the

temporary, in-bond importation of cattle

from Mexico into the United States for

feeding and return to Mexico for

slaughter. That interim rule was

necessary because the U.S. Customs

Service, to comply with provisions of

the North American Free Trade

Agreement, had discontinued its

collection of duties and cash bonds on

cattle imported into the United States

from Mexico; without a cash bond, we

were unable to meaningfully penalize

importers who failed to return those

cattle to Mexico. We continue to believe

that the termination of the in-bond

program was necessary to prevent the

dissemination of animal diseases into

the United States by in-bond cattle that

may have remained in the United States

in violation of the regulations.

EFFECTIVE DATE: January 5, 1998.

FOR FURTHER INFORMATION CONTACT: Dr.

David Vogt, Senior Staff Veterinarian,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 39,

Riverdale, MD 20737–1231; (301) 734–

8170.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 93

prohibit or restrict the importation of

certain animals into the United States to

prevent the introduction of

communicable diseases of livestock and

poultry. Subpart D of part 93 (§§ 93.400

through 93.435), referred to below as the

regulations, pertains to the importation

of ruminants. Sections 93.424 through

93.429 of the regulations contain

specific provisions regarding the

importation of ruminants, including

cattle, from Mexico.

Note: At the time the interim rule referred

to in this document was published, the

provisions described in the previous

paragraph were located in 9 CFR part 92.

However, on October 28, 1997, we published

in the Federal Register (62 FR 56000–56026,

Docket No. 94–106–9) a final rule that

redesignated part 92 as part 93. In describing

the actions taken in the interim rule, we will

use the part and section numbers used in the

interim rule; where appropriate, however, we

will cross-reference part 92 citations with

their current locations in part 93.)

In an interim rule published in the

Federal Register on March 15, 1995 (60

FR 13896–13898, Docket No. 94–076–1),

and effective March 30, 1995, we

amended the regulations by removing

§ 92.427(e), ‘‘Cattle imported in bond for

feeding and return to Mexico,’’ in its

entirety and by removing five references

to the in-bond program that were found

elsewhere in part 92 and in the animal

export regulations in 9 CFR part 91.

Before the effective date of the interim

rule, § 92.427(e) of the regulations

provided for the temporary importation

of cattle from Mexico into the United

States under U.S. Customs bond for

feeding and return to Mexico for

slaughter. Cattle imported under that inbond program were exempt from some

animal disease testing requirements that

applied to the importation of other

cattle from Mexico, but were subject to

additional restrictions during the time

they were in the United States that did

not apply to other cattle imported from

Mexico.

We solicited comments concerning

the interim rule for 60 days ending May

15, 1995. We received six comments by

that date. They were from a foreign

government, foreign and domestic trade

associations and industry groups, and a

customs brokerage. One of the

commenters strongly supported the

interim rule, while the remaining five

commenters opposed the

discontinuation of the program. Their

comments are discussed below.

Two commenters reported that they

had experienced no problems with the

in-bond program and felt that it could

continue in the absence of a bond, but

offered no specific evidence to support

their position. Similarly, two other

commenters stated that the in-bond

program had presented no animal health

problems in its 5 years of existence, so

there was no reason to believe that the

opposite would be true in the future.

Those commenters stated that the

safeguards contained in the in-bond

program, such as the use of sealed

vehicles for movement and the

requirement that in-bond cattle be held

in quarantined feedlots, had proven

sufficient in the past to prevent the

spread of disease, and could continue to

do so. We agree that the quarantine and

movement restrictions of the in-bond

program were effective in mitigating the

disease risk associated with in-bond

cattle. However, as we stated in the

interim rule, the actions of some

importers led us to believe that the

posting of a bond was necessary to

ensure compliance with those

provisions of the in-bond program.

Without the authority to institute a bond

system similar to that administered by

the U.S. Customs Service at U.S. ports

of entry on the Mexican border prior to

January 1, 1994, we found that it was

necessary to terminate the in-bond

program in order to prevent animal

diseases from being introduced into,

and disseminated within, the United

States.

One commenter stated that the

Animal and Plant Health Inspection

Service (APHIS) was incorrect in

claiming that cattle imported

temporarily for feeding and return to

Mexico were no longer covered by a

bond; Customs bonds do still apply, the

commenter argued, so the in-bond

program could continue. We noted in

the interim rule that Customs and

APHIS continued to allow temporary

importations of cattle from Mexico even

after January 1, 1994, when the Customs

Service discontinued its collection of

duties and cash bonds on imported

Mexican cattle in order to comply with

provisions of the North American Free

Trade Agreement (NAFTA). From

January 1, 1994, until March 30, 1995,

the effective date of the interim rule, the

entry of those cattle was covered by a