[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Proposed Rules]
[Pages 30250-30252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14306]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 108 / Monday, June 7, 1999 / Proposed 
Rules  

[[Page 30250]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-027-1]


Imported Fire Ant; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the imported fire ant regulations by 
adding the insecticide pyriproxyfen (Distance) to the list 
of chemicals authorized for the treatment of containerized nursery 
plants and field-grown woody ornamentals that are to be certified for 
interstate movement from quarantined areas. This action would give the 
regulated community another choice with which to meet certification 
requirements. We are also proposing to update the imported fire ant 
regulations by amending dosages and formulations for currently 
authorized insecticides in order to be consistent with product labeling 
and availability; by alphabetizing, for organizational purposes, the 
list of authorized chemicals; and by adding a brand name to the list of 
authorized chemicals, for consistency.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by August 6, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
027-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.

    Please state that your comment refers to Docket No. 99-027-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

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

SUPPLEMENTARY INFORMATION:

Background

    The imported fire ant, Solenopsis invicta Buren and Solenopsis 
richteri Forel, is an aggressive, stinging insect that, in large 
numbers, can seriously injure and 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 restrict the 
interstate movement of certain articles from those quarantined States 
or areas to prevent 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.''
    Recent trials conducted by the Animal and Plant Health Inspection 
Service (APHIS) Imported Fire Ant Methods Development Station in 
Gulfport, MS, have shown that the insecticide pyriproxyfen 
(Distance) is effective as a bait at a dosage rate of 1.0-
1.5 lbs (0.45-0.68 kg) bait/acre for the treatment of field grown woody 
ornamentals and for controlling the imported fire ant in containerized 
nursery plants. As with the currently authorized bait insecticides, 
fenoxycarb (AWARD) and hydramethylnon (AMDRO), 
pyriproxyfen (Distance) provides no residual barrier 
against infestation by new queens and must be followed by the 
application of a contact insecticide to eliminate all colonies and to 
prevent reinfestation.
    In 1998, the United States Environmental Protection Agency approved 
pyriproxyfen (Distance) for the treatment of grass sod, 
soil, and mulch against the imported fire ant at a dosage rate of 1.0-
1.5 lbs (0.45-0.68 kg) bait/acre. We are proposing: (1) to amend the 
Appendix to the subpart, paragraph III.B., under the heading 
``Insecticide,'' by adding pyriproxyfen (Distance) to the 
list of authorized chemicals for the treatment of regulated articles; 
(2) to amend paragraph III.C.4. of the Appendix, under the heading 
``Control,'' to allow pyriproxyfen (Distance) to be used as 
an alternative to fenoxycarb (AWARD) and hydramethylnon 
(AMDRO) for the treatment of containerized nursery plants 
to eliminate the imported fire ant; and (3) to amend paragraph III.C.5. 
of the Appendix to allow pyriproxyfen (Distance) to be used 
as an alternative to fenoxycarb (AWARD) and hydramethylnon 
(AMDRO) for the treatment of field-grown woody ornamentals 
to eliminate active imported fire ant colonies.
    In addition, in order to update the Appendix to the subpart, we are 
proposing to amend paragraph III.C.4. by adding the ``flowable'' 
formulation of bifenthrin to the regulations and paragraph III.C.3. by 
announcing that the ``wettable powder'' formulation of bifenthrin has 
been discontinued by the manufacturer in favor of the new flowable 
formulation. We are also proposing to amend paragraph III.C.5. by 
changing the dosage rate for fenoxycarb (AWARD) and 
hydramethylnon (AMDRO) from 1.5 lbs (0.68 kg) bait/acre to 
1.0-1.5 lbs (0.45-0.68 kg) bait/acre, in order to be consistent with 
product labeling.
    Finally, we are proposing to amend the Appendix to the subpart, 
paragraph III.B., under the heading ``Insecticides,'' by adding the 
brand name (Talstar) to the entry for bifenthrin, in order 
to be both consistent and fair, and by alphabetizing the list for the 
sake of organization.

[[Page 30251]]

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    In accordance with 5 U.S.C. 603, we have performed an Initial 
Regulatory Flexibility Analysis, which is set out below, regarding the 
economic effects of this proposed rule on small entities. We do not 
currently have all the data necessary for a comprehensive analysis of 
the economic effects of this rule on small entities. Therefore, we are 
inviting comments concerning potential economic effects. In particular, 
we are interested in determining the number and kinds of small entities 
that may incur benefits or costs from implementation of this proposed 
rule.
    Under the Plant Quarantine Act and the Federal Plant Pest Act (7 
U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167), the 
Secretary of Agriculture is authorized to regulate the interstate 
movement of articles to prevent the spread of injurious plant pests in 
the United States.
    This proposed rule would amend the imported fire ant regulations to 
allow the use of the bait insecticide pyriproxyfen 
(Distance) for the treatment of containerized nursery 
plants and field-grown woody ornamentals that are to be certified for 
interstate movement from quarantined areas.
    Currently, in order to be certified, containerized nursery plants 
and field-grown woody ornamentals must be treated with a bait 
insecticide, either fenoxycarb (AWARD) or hydramethylnon 
(AMDRO), in conjunction with a contact insecticide, 
bifenthrin (Talstar). We are proposing to allow 
pyriproxyfen (Distance) to be used as an alternative to 
fenoxycarb (AWARD) and hydramethylnon (AMDRO) 
in order to give nurseries more options by which they can certify their 
products. All three bait insecticides fall within the same price range, 
$8-$10/lb, but competition between imported fire ant insecticide 
producers, which would be stimulated by the inclusion of pyriproxyfen 
(Distance), could result in decreased prices, benefiting 
many nurseries.
    The only significant alternative to this proposed rule that we 
considered was to not add pyriproxyfen (Distance) to the 
list of authorized chemicals for the treatment of regulated materials. 
We have rejected this alternative because it would deny nurseries the 
benefit of having another authorized bait insecticide to chose from.
    This proposed rule contains no reporting 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 State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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.

Paperwork Reduction Act

    This proposed 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, we propose to amend 7 CFR part 301 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. 147a, 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 (Secs. 301.81--301.81-
10), the Appendix to the subpart would be amended as follows:
    a. In paragraph III.B., under the heading ``INSECTICIDES,'' the 
list would be revised to read as set forth below.
    b. In paragraph III.C.3.d., under the heading ``Method C--Topical 
Application,'' a fourth paragraph would be added to read as set forth 
below.
    c. In paragraph III.C.4., under the heading ``Control,'' 
immediately following the word ``(AMDRO)'', the word ``or'' 
would be removed and a comma would be added in its place, and 
immediately following the word ``(AWARD)'', the words ``, 
or pyriproxyfen (Distance)'' would be added.
    d. In paragraph III.C.4., under the heading ``Exclusion,'' under 
``Bifenthrin,'' first sentence, immediately following the word 
``granular'', the word ``, flowable,'' would be added.
    e. In paragraph III.C.4., under the heading ``Exclusion,'' under 
``Bifenthrin,'' first paragraph, the last sentence would be revised to 
read as set forth below.
    f. In paragraph III.C.4., under the heading ``Exclusion,'' under 
``Tefluthrin,'' first sentence, immediately following the word 
``granular'', the word ``, flowable,'' would be added.
    g. In paragraph III.C.5., the ``Material'' and ``Dosage'' 
paragraphs would be revised to read as set forth below.
    h. In paragraph III.C.5., in the ``Method'' paragraph, the phrase 
``1.5 lb (0.68 kg)'' would be removed and the phrase ``1.0-1.5 lb 
(0.45-0.68 kg)'' would be added in its place.
    i. In paragraph III.C.5., in the ``Method'' and ``Special 
Information'' paragraphs, the words ``fenoxycarb (AWARD) or 
hydramethylnon (AMDRO)'' would be removed and the words 
``fenoxycarb (AWARD), hydramethylnon (AMDRO), 
or pyriproxyfen (Distance)'' would be added in their place 
each time they appear.

Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported 
Fire Ant Program Manual'' 8
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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, Maryland 20737-1236.
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III. Regulatory Procedures

* * * * *
    B. * * *

Insecticides

Bifenthrin (Talstar)
Chlorpyrifos (Dursban)
Diazinon
Fenoxycarb (AWARD)
Hydramethylnon (AMDRO)
Pyriproxyfen (Distance)
Tefluthrin (FIREBAN)
    C. * * *
    3. * * *
    d. * * *
    Method C--Topical Application
* * * * *
    Manufacture of the 10WP (wettable powder) formulation was 
discontinued in 1998; however, the EPA will allow this product to be 
utilized until supplies are exhausted.
* * * * *

[[Page 30252]]

    4. * * *

Exclusion

Bifenthrin

    * * * The dosage rate for granular bifenthrin is variable and is 
determined by the certification period selected; for flowable 
bifenthrin it is 25 ppm; for wettable powder bifenthrin it is 50 
ppm.
* * * * *

5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)

    Material: Chlorpyrifos used in combination with fenoxycarb 
(AWARD), hydramethylnon (AMDRO), or 
pyriproxyfen (Distance) fire ant bait.
    Dosage: Fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) at 1.0-
1.5 lb (0.45-0.68 kg) bait/acre. Chlorpyrifos at 6.0 lb (2.7 kg) 
a.i./acre.
* * * * *
    Done in Washington, DC, this 1st day of June 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-14306 Filed 6-4-99; 8:45 am]
BILLING CODE 3410-34-P