[Federal Register Volume 59, Number 138 (Wednesday, July 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17632]


[[Page Unknown]]

[Federal Register: July 20, 1994]


                                                   VOL. 59, NO. 138

                                           Wednesday, July 20, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-135-1]

 

Imported Fire Ant; Addition of Authorized Chemical Treatment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the appendix to the imported fire 
ant regulations to add the insecticide tefluthrin (FORCE) to 
the list of authorized chemicals for the treatment of containerized 
nursery stock that is to be certified for interstate movement from 
quarantined areas. We are also proposing to add provisions regarding 
the proper use of tefluthrin. This action would give nurseries another 
choice of insecticides with which to meet the certification requirement 
for interstate movement of containerized nursery stock.

DATES: Consideration will be given only to comments received on or 
before August 19, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-135-1. 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. Robert L. Brittingham, Operations 
Officer, Domestic and Emergency Operations, Plant Protection and 
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8247.

SUPPLEMENTARY INFORMATION:

Background

    Imported fire ants, Solenopsis invicta Buren and Solenopsis 
richteri Forel, are aggressive, stinging insects that, in large 
numbers, can seriously injure or even kill livestock, pets, and humans. 
Imported fire ants feed on crops, and their large, hard mounds damage 
farm and field machinery.
    The restrictions in ``Subpart--Imported Fire Ant'' (7 CFR 
Secs. 301.81 through 301.81-10, referred to below as ``the 
regulations'') prevent the spread of the imported fire ant (IFA) on 
articles moving interstate by quarantining IFA-infested States or IFA-
infested areas within States and imposing restrictions on the 
interstate movement of certain articles, known as regulated articles, 
from these quarantined States or areas.
    Sections 301.81-4 and 301.81-5 of the regulations provide, among 
other things, that regulated articles requiring treatment before 
interstate movement must be treated in accordance with the methods and 
procedures prescribed in the Appendix to Subpart ``Imported Fire 
Ant''--Portion of ``Imported Fire Ant Program Manual'' (referred to 
below as ``the Appendix''). The Appendix sets forth the treatment 
provisions of the ``Imported Fire Ant Program Manual.''
    Research recently conducted by the Animal and Plant Health 
Inspection Service (APHIS) Imported Fire Ant Methods Development 
Station in Gulfport, MS, has shown that the insecticide tefluthrin, in 
granular form, is effective at a dosage rate of 25 parts per million 
(ppm) in treating soil or potting media to prevent the spread of the 
imported fire ant. Based on this research, APHIS has determined that 
containerized nursery stock could be certified for interstate movement 
after treatment with granular tefluthrin at a dosage rate of 25 ppm.
    The insecticide tefluthrin is registered with the United States 
Environmental Protection Agency (EPA). In May 1993, EPA approved a 
label, providing for a dosage rate of 25 ppm, for the use of granular 
tefluthrin in treating soil or potting media for the imported fire ant. 
We are proposing to revise the Appendix by adding granular tefluthrin 
to the list of authorized chemicals for the treatment of regulated 
articles under the regulations.
    We are also proposing to: (1) Amend paragraph III.C.3. of the 
Appendix by adding provisions regarding the material to be treated, the 
dosage rate, and the exposure period, and by adding a new ``Method E--
Granular Incorporation (Tefluthrin);'' (2) amend paragraph III.C.4., 
under the ``Exclusion'' heading, to allow tefluthrin to be used as an 
alternative to bifenthrin in treating soil or potting media for plants 
grown on the premises to prevent infestation with or spread of the 
imported fire ant; and (3) amend paragraph III.C.4., under the 
``Enforcement'' heading, by adding ``tefluthrin'' to a reference to 
chemical treatments that are described in paragraph III.C.3. of the 
Appendix.
    We are not proposing that tefluthrin be used as an alternative to 
bifenthrin for treating plants received from outside sources (under the 
``Exclusion'' heading). Drench applications are used to treat plants 
received from outside sources, and tefluthrin is only approved for 
granular incorporation. Drench application is more thorough than 
topical application or granular incorporation, and is therefore the 
most effective treatment for plants received from outside sources which 
may not have already been treated for the imported fire ant.
    In addition, we are proposing to make two miscellaneous changes in 
paragraph III.C.4. The first, under the ``Exclusion'' heading, would 
add the word ``drench'' immediately after the word ``bifenthrin'' in 
paragraph (b), to make it clear that only drench applications are to be 
used in treating plants received from outside sources. The second 
miscellaneous change, under the ``Enforcement'' heading, would remove 
the word ``liquid'' before the phrase ``liquid chlorpyrifos and 
bifenthrin'' to make it clear that the bifenthrin can be in either 
liquid or granular form.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would amend the Appendix to the imported fire 
ant regulations to allow the use of the insecticide tefluthrin 
(FORCE), in granular form, for the treatment of containerized 
nursery stock that is to be certified for interstate movement from 
areas quarantined for imported fire ant.
    Approximately 2,645 nurseries move containerized nursery stock 
interstate from quarantined areas each year. Twelve of these nurseries 
would be considered large; 2,633 would be considered small, with annual 
sales below $500,000.
    Current regulations allow for the incorporation of granular 
bifenthrin for the treatment of containerized nursery stock that is to 
be certified for interstate movement from quarantined areas. A 50-pound 
bag of granular bifenthrin currently retails for about $38.50. The 
expected retail price for tefluthrin is not available, but should be 
comparable to that of bifenthrin. For this reason, APHIS anticipates 
that the economic impact to nurseries that use these products would not 
be significant.
    The addition of tefluthrin to the list of authorized chemicals 
would give nurseries another choice of insecticides so they could 
choose whichever product best suits their needs, and would provide a 
backup in case one of the insecticides is taken off the market or is 
unavailable for any reason. The addition of tefluthrin could also 
stimulate competition for imported fire ant insecticides, which could 
drive down prices for all chemicals authorized under the IFA program. 
If this were to happen, nurseries would benefit by lower treatment 
costs.
    We do not anticipate that there would be a noticeable impact on 
small entities that distribute agricultural chemicals. Distributors of 
agricultural chemicals are diversified businesses that sell a wide 
variety of chemicals, fertilizers, and other farm and nursery supplies.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this proposed rule. The assessment provides a 
basis for our conclusion that use of tefluthrin at the dosage rate of 
25 ppm would not present a risk of disseminating plant pests and would 
not have a significant impact on the quality of the human environment. 
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 Guidelines 
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
    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. 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 1980 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

    Accordingly, 7 CFR part 301 would be amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 would continue to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. Part 301, Subpart--Imported Fire Ant, Appendix to the subpart, 
would be amended as follows:

Appendix to Subpart [Amended]

    a. In paragraph III.B., under the ``Insecticides'' heading, 
``Tefluthrin (FORCE)'' would be added following ``Fenoxycarb 
(AWARD)''.
    b. Paragraph III.C.3.c. would be redesignated as paragraph 
III.C.3.d., and a new paragraph III.C.3.c. would be added to read as 
set forth below.
    c. In newly redesignated paragraph III.C.3.d., the introductory 
text, the phrase ``chlorpyrifos and bifenthrin'' would be removed and 
the phrase ``chlorpyrifos, bifenthrin, or tefluthrin'' would be added 
in its place; and a new ``Method E--Granular Incorporation 
(Tefluthrin)'' would be added at the end of the paragraph, to read as 
set forth below.
    d. In paragraph III.C.4., under the ``Exclusion'' heading, 
paragraph (b), introductory text, the word ``drench'' would be added 
immediately after the word ``bifenthrin''; and a new entry, titled 
``Tefluthrin'', would be added following paragraph (b)(3) to read as 
set forth below.
    e. In paragraph III.C.4., under the ``Enforcement'' heading, in the 
sixth paragraph, the phrase ``liquid chlorpyrifos or bifenthrin'' would 
be removed and the phrase ``chlorpyrifos, bifenthrin, or tefluthrin'' 
would be added in its place.

Subpart--Imported Fire Ant

* * * * *
Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported Fire 
Ant Program Manual''\8\
---------------------------------------------------------------------------

    \8\A copy of the entire ``Imported Fire Ant Program Manual'' may 
be obtained from the Administrator, c/o Domestic and Emergency 
Operations, PPQ, APHIS, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782.
---------------------------------------------------------------------------

III. Regulatory Procedures

* * * * *

C. Approved Treatments.

* * * * *
    3. Plants--Balled or in Containers.
* * * * *
    c. Tefluthrin: Granular Formulation.
    Material: Granular tefluthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: Dosage rate is 25 ppm. The amount of granular tefluthrin 
needed to achieve 25 ppm varies with the bulk density of the soil or 
potting media. Follow label directions to calculate the amount of 
granular tefluthrin needed to achieve 25 ppm.
    Exposure period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas immediately upon completion 
of the treatment.
    d. * * *
* * * * *
Method E--Granular Incorporation (Tefluthrin)
    Apply tefluthrin according to the label directions for granular 
incorporation. Mix thoroughly to distribute the granular tefluthrin 
evenly throughout the soil or potting media. After potting, containers 
must be watered to the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
tefluthrin is essential. Water that drains from the treatment area, 
which may contain tefluthrin, must be disposed of in accordance with 
State and local laws.
    4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only
* * * * *

Exclusion

* * * * *

Tefluthrin

    For plants grown on the premises: Treatment of soil or potting 
media with granular tefluthrin prior to planting is permitted as an 
alternative to treatment with granular or wettable powder formulation 
of bifenthrin. This treatment reduces the risk of infestation of 
containers by alate queens flying in from adjacent or nearby infested 
premises. The dosage rate is 25 ppm.
    Apply this treatment according to the label directions.
    Mixing must be adequate to blend the required dosage of granular 
tefluthrin throughout the entire soil or potting media.
* * * * *
    Done in Washington, DC, this 14th day of July 1994.
B. Glen Lee,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-17632 Filed 7-19-94; 8:45 am]
BILLING CODE 3410-34-P