[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53601-53603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26348]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-063-1]


Imported Fire Ant; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the imported fire ant regulations to lengthen 
the certification period for containerized nursery stock treated with a 
10 parts per million dosage of the insecticide tefluthrin in its 
granular formulation and to remove the 15 parts per million dosage rate 
for granular tefluthrin. Research has demonstrated that a 10 parts per 
million dosage of granular tefluthrin is efficacious for 18 months, 
which is 12 months longer than the current certification period for 
that

[[Page 53602]]

dosage and 6 months longer than the current certification period for a 
15 parts per million dosage. Lengthening the certification period for 
the 10 parts per million dosage and removing the 15 parts per million 
dosage will reduce the amount of insecticide used, which will reduce 
the costs incurred by persons moving containerized nursery stock 
interstate from areas quarantined for the imported fire ant.

DATES: This rule will be effective on December 16, 1996 unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before November 14, 1996.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Docket No. 
96-063-1, Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that 
your submission refers to Docket No. 96-063-1. Submissions 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 and notices are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald P. Milberg, Operations 
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236, (301) 734-5255; or E-mail: 
[email protected].

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. 
The imported fire ant feeds on crops and builds large, hard mounds that 
damage farm and field machinery.
    The regulations in ``Subpart--Imported Fire Ant'' (7 CFR 301.81 
through 301.81-10, referred to below as the regulations) quarantine 
infested States or infested areas within States and impose restrictions 
on the interstate movement of certain regulated articles from those 
quarantined States or areas for the purpose of preventing the 
artificial spread of the imported fire ant.
    Sections 301.81-4 and 301.81-5 of the regulations provide, among 
other things, that regulated articles requiring treatment prior to 
interstate movement must be treated in accordance with the methods and 
procedures prescribed in the appendix to the subpart, which sets forth 
the treatment provisions of the ``Imported Fire Ant Program Manual.''
    Currently, the appendix offers three dosage rate/certification 
period options for granular tefluthrin: 0 to 6 months for a 10 parts 
per million (ppm) dosage, 0 to 12 months for a 15 ppm dosage, and a 
continuous certification period for a 25 ppm dosage.
    Tests conducted by the Animal and Plant Health Inspection Service's 
Imported Fire Ant Methods Development Station in Gulfport, MS, have 
demonstrated that granular tefluthrin incorporated at a dosage rate of 
10 ppm into soil or potting media for containerized nursery stock is 
efficacious for 18 months. This is 12 months longer than the current 
certification period for a 10 ppm dosage and 6 months longer than the 
current certification period for a 15 ppm dosage. Based on that 
efficacy data, we have determined that containerized nursery stock can 
be certified for interstate movement for 18 months after treatment with 
granular tefluthrin at a dosage rate of 10 ppm.
    Therefore, this direct final rule will amend the appendix to the 
regulations by increasing the certification period for the 10 ppm 
dosage of granular tefluthrin from 0-6 months to 0-18 months. In light 
of that longer certification period for the lower 10 ppm dosage, the 15 
ppm dosage, which has a certification period of 0 to 12 months, is no 
longer necessary and will be removed. The dosage rate of 25 ppm will be 
required for certification of containerized nursery stock for 
interstate movement from quarantined areas for more than 18 months.

Dates

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. This rule will be effective, as published in this document, 60 
days after the date of publication in the Federal Register unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments within 30 days of the date of publication of this rule 
in the Federal Register.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed.
    If we receive written adverse comments or written notice of intent 
to submit adverse comments, we will publish a notice in the Federal 
Register withdrawing this rule before the effective date. We will then 
publish a proposed rule for public comment. Following the close of that 
comment period, the comments will be considered, and a final rule 
addressing the comments will be published.
    As discussed above, if we receive no written adverse comments nor 
written notice of intent to submit adverse comments within 30 days of 
publication of this direct final rule, this direct final rule will 
become effective 60 days following its publication. We will publish a 
notice to this effect in the Federal Register, before the effective 
date of this direct final rule, confirming that it is effective on the 
date indicated in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This direct final rule amends the regulations by lengthening the 
certification period for containerized nursery stock treated with a 10 
ppm dosage of granular tefluthrin and by removing the 15 ppm dosage 
rate for granular tefluthrin. Lengthening the certification period for 
the 10 ppm dosage and removing the 15 ppm dosage will reduce the amount 
of insecticide used, which will reduce the costs incurred by persons 
moving containerized nursery stock interstate from areas quarantined 
for the imported fire ant.
    The number of current users of granular tefluthrin--and the number 
of potential new users that may result from this rule change--is not 
known, but most are assumed to be small entities (wholesalers of 
nursery stock having fewer than 100 employees, and retail nurseries 
having less than $5 million in annual revenue). Several thousand 
nursery wholesalers and retailers have signed compliance agreements 
under the imported fire ant regulations, but not all of these are 
necessarily shipping restricted products requiring the application of 
granular tefluthrin or alternative chemicals out of the regulated 
areas. Moreover, most nurseries under compliance agreements currently 
use treatments other than tefluthrin. Therefore, an estimate of how 
many small entities will be affected by this rule change is difficult, 
but they may number in the hundreds.
    Costs for most users of granular tefluthrin will be reduced because 
of the increased period of certification. Under the current 
regulations, a dose rate of 15 ppm is required for a certification 
period up to 12 months and a dose rate of 25 ppm is required for a 
certification

[[Page 53603]]

period greater than 12 months. Thus, a cost savings of from 33 to 60 
percent will be realized by purchasers of granular tefluthrin who ship 
their products out of the restricted areas between 12 and 18 months 
after treatment. The current retail price of granular tefluthrin is 
about $4.00 per pound, but prices can vary considerably depending upon 
whether or not it is purchased in bulk. A 33 to 60 percent cost savings 
realized by applying tefluthrin at a 10 ppm dose rate rather than a 15 
or 25 ppm dose rate could mean a savings of about $1.33 to $2.40 in the 
application of one pound of granular tefluthrin.
    We do not anticipate that there will 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. 
We do not expect any significant economic impact on any other small 
entities.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
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 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 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, 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. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In part 301, Subpart--Imported Fire Ant, in the appendix to the 
subpart, paragraph III.C.3.c. is amended by revising the dosage table 
to read as follows:

Subpart--Imported Fire Ant

* * * * *

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

III. Regulatory Procedures

* * * * *
    C. Approved Treatments.
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    \8\ A copy of the entire ``Imported Fire Ant Program Manual'' 
may be obtained from the Animal and Plant Health Inspection Service, 
Plant Protection and Quarantine, Domestic and Emergency Operations, 
4700 River Road Unit 134, Riverdale, MD 20737-1236.
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* * * * *

3. Plants--Balled or in Containers

* * * * *
    c. Tefluthrin: Granular Formulation.
* * * * *
    Dosage: * * *

------------------------------------------------------------------------
  Granular tefluthrin dosage (parts per    Certification period (months 
                million)                         after treatment)       
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10 ppm..................................  0-18 months.                  
25 ppm..................................  Continuous.                   
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* * * * *
    Done in Washington, DC, this 8th day of October 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-26348 Filed 10-11-96; 8:45 am]
BILLING CODE 3410-34-P