[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Proposed Rules]
[Pages 21183-21185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10109]


 ========================================================================
 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. 67, No. 83 / Tuesday, April 30, 2002 / 
Proposed Rules  

[[Page 21183]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-115-1]


Imported Fire Ant; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the imported fire ant regulations to 
add the insecticide fipronil (Chipco) to the list of 
chemicals authorized for the treatment of regulated articles and to 
provide instructions for its use in soil or potting media and on grass 
sod. This action would make another authorized treatment available to 
persons wishing to move containerized plants and commercial grass sod 
interstate from quarantined areas. We are also proposing to update the 
regulations by making the rates of application for chlorpyrifos 
(Dursban), a currently authorized insecticide, consistent 
with current product labeling.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by July 1, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-115-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-115-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-115-1'' on the subject line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Brown, Operations 
Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-4838.

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 imported fire ant regulations (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 
regulated articles to prevent the artificial spread of the imported 
fire ant. Regulated articles include soil, plants, and sod 
(Sec. 301.81-2).
    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.''
    Tests conducted by the Animal and Plant Health Inspection Service's 
Gulfport Plant Methods Center in Mississippi have demonstrated that the 
insecticide fipronil (Chipco), in granular form, is 
efficacious at variable dosage rates in treating plants in containers 
and at a total of 0.025 lb a.i./acre (0.01134 kg a.i./acre) for two 
applications for grass sod to prevent the spread of imported fire ant. 
On December 4, 2000, fipronil was registered by the U.S. Environmental 
Protection Agency (EPA) for use against imported fire ant in potting 
media. On May 25, 2001, it was registered by EPA for use against 
imported fire ant in commercial grass sod.
    Therefore, we are proposing to amend the appendix to the 
regulations to add the insecticide fipronil (Chipco) as a 
treatment option for certain regulated articles requiring treatment 
against the imported fire ant. Specifically, we would amend the 
appendix to the regulations by adding:
     Granular fipronil to the list of authorized chemicals 
(III.B.);
     Granular fipronil as a treatment option for the soil or 
potting media of plants in containers, or prior to planting, as an 
alternative to bifenthrin and tefluthrin (III.C.3. and III.C.4.);
     Method F for granular incorporation of fipronil 
(III.C.3.);
     Fipronil, in III.C.4., under ``Enforcement,'' in regard to 
a reference to chemical treatments for plants, balled or containerized, 
that are described in paragraph III.C.3. of the appendix; and
     Granular fipronil as a treatment option for grass sod, as 
an alternative to chlorpyrifos (III.C.8.).
    In addition, we are proposing to amend paragraph III.C.8. by 
changing the dosage rates for applying chlorpyrifos, a currently 
approved insecticide, to grass sod so that the rate would be consistent 
with current product labeling. Currently, under approved treatments for 
grass sod, the amount and dosage of chlorpyrifos is 4.0 lb (1.8 kg) 
a.i./acre and 6.0 lb (2.7 kg) a.i./acre with a certification period of 
4 weeks and 10 weeks (after the exposure period has been completed), 
respectively. We would change the amount and dosage of chlorpyrifos to 
8.0 lb (3.6 kg) a.i./acre and the certification period to 6 weeks.

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.
    This proposed rule would amend the appendix to the imported fire 
ant

[[Page 21184]]

regulations to allow the use of the insecticide fipronil 
(Chipco ) against the imported fire ant. Fipronil is 
registered by the EPA for use against imported fire ant in potting 
media and commercial grass sod and has been found to be efficacious 
against the imported fire ant based on testing by the Gulfport Plant 
Methods Center in Mississippi.
    Determining the cost of imported fire ant treatments is complicated 
because of the variety of insecticides that can be used, varying soil 
conditions, and the various nursery crops grown. For example, in two 
surveys conducted by Hall and Holloway (1994 and 1995) of 37 nursery 
crop growers in Texas--representing over one-half of all nursery crops 
produced in that State--chemical cost per treatment for imported fire 
ant control averaged $12.10, with treatment costs making up to 4 
percent of their production cost. Almost one-half (i.e., 47 percent) of 
those growers reported treating for imported fire ant, and most of them 
reported using more than one insecticide to treat for imported fire ant 
in their operations (range = 1 to 3; average = 1.5), making the average 
cost per acre for insecticides to control imported fire ants $18.15 
(i.e., 1.5  x  $12.10).
    Fipronil would be the latest EPA-approved insecticide to be added 
to the regulations for the treatment of imported fire ant. Other 
approved insecticides--Pyriproxyfen (Distance ), Fenoxycarb 
(Award ), Hydramethylnon (AMDRO ), and Bifenthrin 
(Talstar )--cost approximately the same in the bulk market, 
between $5 per pound and $12 per pound, with each pound treating 17 
colonies (i.e., mounds) of imported fire ant. An insecticide's retail 
price depends on the price charged by its local distributor and may 
vary from State to State. Although the insecticides generally do not 
differ greatly in price, at least some consumers can be expected to 
benefit from the inclusion of fipronil as an alternative treatment.

Affected Entities

    Businesses such as nurseries, sod growers, farm equipment dealers, 
and construction companies that work with regulated articles are the 
entities most likely to be affected by this proposed rule. This 
proposed rule would result in a wider selection of treatment options 
for imported fire ant. The economic effect on affected entities would 
either be positive, since a wider selection of insecticides will 
provide greater choice, or would have no effect, if they choose not to 
use fipronil.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small businesses. Based on data from 
the 1997 Census of Agriculture, there were 13,266 nurseries and 
greenhouses located in areas of the United States quarantined because 
of imported fire ant, of which 82 to 99 percent were small businesses, 
according to the U.S. Small Business Administration's criterion of 
annual sales of less than $750,000.
    The addition of fipronil to the imported fire ant regulations would 
provide the regulated community with a greater selection of treatment 
options. Thus, it is expected that the economic effect on these 
businesses would either be positive (a wider selection of insecticides 
would provide greater choice) or neutral (if they choose not to use 
fipronil). The majority (i.e., 82 to 99 percent) of firms that may 
potentially be affected by this proposed rule are small entities.
    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 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 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, 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. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.

    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued 
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 
note).
    2. In part 301, Subpart--Imported Fire Ant (Secs. 301.81 through 
301.81-10), the appendix to the subpart would be amended as follows:
    a. In paragraph III.B., under the heading INSECTICIDES, by adding 
``Fipronil (Chipco)'' in alphabetical order.
    b. By redesignating paragraph III.C.3.d. as paragraph III.C.3.e. 
and adding a new paragraph III.C.3.d. to read as follows.
    c. In newly redesignated paragraph III.C.3.e., by adding a new 
``Method F--Granular Incorporation (Fipronil)'' in alphabetical order 
to read as follows.
    d. In paragraph III.C.4., under the heading Exclusion, by adding a 
new entry for Fipronil, following the Tefluthrin entry, to read as 
follows.
    e. In paragraph III.C.4., under the heading Enforcement, the sixth 
paragraph, second sentence, by removing the words ``or tefluthrin'' and 
adding the words ``tefluthrin, or fipronil'' in their place.
    f. In paragraph III.C.8., by revising the entry for Material to 
read as follows.

APPENDIX TO SUBPART ``IMPORTED FIRE ANT''

III. Regulatory Procedures

* * * * *

C. Approved Treatments.

* * * * *
3. Plants--Balled or in Containers
* * * * *
    d. Fipronil: Granular Formulation.
    Material: Granular fipronil incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular fipronil needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of granular 
fipronil needed to achieve a specified dosage.

------------------------------------------------------------------------
  Granular fipronil dosage (parts per      Certification period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm.................................  0-6 months.

[[Page 21185]]

 
12 ppm.................................  0-12 months.
15 ppm.................................  0-24 months.
25 ppm.................................  Continuous.
------------------------------------------------------------------------

    Exposure Period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas 2 weeks after completion of 
treatment.
    e. * * *
Method F--Granular Incorporation (Fipronil)
    Apply fipronil according to the label instructions for granular 
incorporation. Mix thoroughly to distribute product 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 
granular fipronil is essential. Water that drains from the treatment 
area, which may contain fipronil, must be disposed of in accordance 
with State and local laws.
4. Imported-Fire-Ant-Free Nursery Containerized Plants Only
* * * * *

Exclusion

* * * * *

Fipronil

    For plants grown on the premises: Treatment of soil or potting 
media with granular fipronil prior to planting is permitted as an 
alternative to treatment with granular formulations of bifenthrin or 
tefluthrin. This treatment reduces the risk of infestation of 
containers by alate queens flying in from adjacent or nearby infested 
premises. The dosage rate is variable, determined by the selected 
certification period, for the granular fipronil.
    Apply this treatment according to the label directions.
    Mixing must be adequate to blend the required dosage of granular 
fipronil throughout the entire soil or potting media.
* * * * *
8. Grass Sod

Material

    a. Chlorpyrifos.

------------------------------------------------------------------------
                              Amount and dosage of
          Material                  material        Certification period
------------------------------------------------------------------------
Chlorpyrifos................  8.0 lb (3.6 kg) a.i./ 6 weeks (after
                               acre.                 exposure period has
                                                     been completed).
------------------------------------------------------------------------

    Exposure Period: 48 hours.

Method

    1. Apply a single broadcast application of chlorpyrifos with ground 
equipment.
    2. Immediately after treatment, water the treated areas with at 
least \1/2\ inch of water.
    Chlorpyrifos wettable powder Dursban 50-WP: Follow label 
directions for regulatory treatment for IFA.
    b. Fipronil.

------------------------------------------------------------------------
                              Amount and dosage of
          Material                  material        Certification period
------------------------------------------------------------------------
Fipronil....................  Dosage per            20 weeks (after
                               application: 0.0125   exposure period has
                               lb (0.00567 kg)       been completed).
                               a.i.acre.
                              Total amount over
                               two applications:
                               0.025 lb (0.01134
                               kg) a.i./acre
------------------------------------------------------------------------

    Exposure Period: 30 days from the second application.

Method

    1. Apply in two applications approximately 1 week apart for a total 
of 0.025 lb (0.01134 kg) a.i./acre.
    2. Follow label directions for regulatory treatment for IFA.
* * * * *

    Done in Washington, DC, this 17th day of April, 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-10109 Filed 4-29-02; 8:45 am]
BILLING CODE 3410-34-P