[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57969-57971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28181]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 208 / Thursday, October 28, 1999 / 
Rules and Regulations  

[[Page 57969]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-027-2]


Imported Fire Ant; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 will give the 
regulated community another choice with which to meet certification 
requirements. We are also updating 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.

EFFECTIVE DATE: October 28, 1999.

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.

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 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.''
    On June 7, 1999, we published in the Federal Register (64 FR 30250-
30252, Docket No. 99-027-1) a proposal 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. We also proposed to update the imported fire ant 
regulations by amending dosages and formulations for currently 
authorized insecticides, by alphabetizing the list of authorized 
chemicals, and by adding a brand name to the list of authorized 
chemicals.
    We solicited comments concerning our proposal for 60 days ending 
August 6, 1999. We received four comments by that date. They were from 
a chemical producer, a crop health service company, and two State 
agriculture departments. Three comments supported our proposal and one 
comment, which is discussed below, called for two changes.
    First, the commenter stated that flowable formulations of 
tefluthrin have been approved as a treatment for the imported fire ant 
and that this should be reflected in our rule. However, no flowable 
formulation of tefluthrin has been developed; we believe the commenter 
has confused flowable tefluthrin with flowable bifenthrin. Second, the 
commenter stated that the application rate for flowable bifenthrin 
should be 50 ppm, as listed on the Talstar Nursery Flowable label, not 
25 ppm as stated in the proposed rule. The Talstar Nursery Flowable 
label does not list application rates in parts per million, but rather 
in pounds of chemical per volume of soil. According to our 
calculations, the application rate listed for flowable bifenthrin is 
equivalent to 25 ppm.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Effective Date

    This is a substantive rule that approves the use of a new chemical 
pesticide that may be used as an alternative to other authorized 
chemicals. Immediate implementation of this rule will enable those 
persons wishing to sell or use pyriproxyfen (Distance) to 
benefit from its availability for treatment of the imported fire ant 
during the fall planting season, which is about to begin. Therefore, 
pursuant to 5 U.S.C. 553, the Administrator of the Animal and Plant 
Health Inspection Service has determined that this rule should be 
effective less than 30 days after publication in the Federal Register.

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.
    For our proposed rule, we performed an initial regulatory 
flexibility analysis in which we invited comments about the potential 
economic effects of this rule on small entities. We did not receive any 
comments addressing this issue. We have, therefore, prepared this final 
regulatory flexibility analysis using the data available to us. Based 
on the information that we have, there is no basis to conclude that 
this rule will result in any significant economic effects on a 
substantial number of small entities.
    Under the Plant Quarantine Act and the Federal Plant Pest Act 
(7U.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 rule amends the Appendix to the imported fire ant regulations 
by allowing the use of the bait insecticide

[[Page 57970]]

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.
    There are approximately 13,266 nurseries in the quarantined areas. 
Approximately 82-99 percent of those nurseries would be considered 
small businesses with annual sales of less than $500,000. It is unknown 
how many of these nurseries move containerized nursery stock interstate 
from quarantined areas each year, but any that do would be likely to 
benefit from the availability of pyriproxyfen (Distance) as 
an approved pesticide for treating the imported fire ant.
    Prior to this final rule, for certification, containerized nursery 
plants and field-grown woody ornamentals had to be treated with a bait 
insecticide, either fenoxycarb (AWARD) or hydramethylnon 
(AMDRO), in conjunction with a contact insecticide, 
bifenthrin (Talstar). This action allows pyriproxyfen 
(Distance) to be used as an alternative to fenoxycarb 
(AWARD) and hydramethylnon (AMDRO) in order to 
give nurseries another option by which they can certify their products 
for interstate movement. All three bait insecticides fall within the 
same price range, $8-10 per pound, 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 final 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 choose from.
    This final 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 final 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 final 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 are amending 7 CFR part 301 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 part 301, Subpart--Imported Fire Ant (Secs. 301.81--301.81-
10), the Appendix to the subpart is amended as follows:
    a. In paragraph III.B., under the heading ``INSECTICIDES,'' the 
list is revised to read as set forth below.
    b. In paragraph III.C.3.d., under the heading ``Method C--Topical 
Application,'' a fourth paragraph is 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'' 
is removed and a comma is added in its place, and immediately following 
the word ``(AWARD)'', the words ``, or pyriproxyfen 
(Distance)'' are added.
    d. In paragraph III.C.4., under the heading ``Exclusion,'' under 
``Bifenthrin,'' first sentence, immediately following the word 
``granular'', the word ``, flowable,'' is added.
    e. In paragraph III.C.4., under the heading ``Exclusion,'' under 
``Bifenthrin,'' first paragraph, the last sentence is 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,'' is added.
    g. In paragraph III.C.5., the ``Material'' and ``Dosage'' 
paragraphs are 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)'' is removed and the phrase ``1.0-1.5 lb (0.45-0.68 
kg)'' is added in its place.
    i. In paragraph III.C.5., in the ``Method'' and ``Special 
Information'' paragraphs, the words ``fenoxycarb (AWARD) or 
hydramethylnon (AMDRO)'' are removed and the words 
``fenoxycarb (AWARD), hydramethylnon (AMDRO), 
or pyriproxyfen (Distance)'' are 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 135, 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.
* * * * *
    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.
* * * * *

[[Page 57971]]

    Done in Washington, DC, this 22nd day of October 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-28181 Filed 10-27-99; 8:45 am]
BILLING CODE 3410-34-U