Imported Fire Ant; Addition of Authorized Chemical Treatment

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