Imported Fire Ant; Addition of Authorized Chemical Treatment

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-135-2]

Imported Fire Ant; Addition of Authorized Chemical Treatment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the appendix to the imported fire ant

regulations to add the insecticide tefluthrin (FIREBAN) 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 adding provisions regarding the proper

use of tefluthrin. This action gives nurseries another choice of

insecticides with which to meet the certification requirement for

interstate movement of containerized nursery stock.

EFFECTIVE DATE: September 23, 1994.

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.''

On July 20, 1994, we published in the Federal Register (59 FR

36996-36998, Docket No. 93-135-1) a proposal to amend the Appendix by

adding granular tefluthrin to the list of authorized chemicals for the

treatment of regulated articles under the regulations. We also proposed

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.

In addition, we proposed to make two miscellaneous changes in

paragraph III.C.4. The first, under the ``Exclusion'' heading, was to

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, was to remove

the word ``liquid'' in the phrase ``liquid chlorpyrifos and

bifenthrin'' to make it clear that the bifenthrin can be in either

liquid or granular form.

We solicited comments concerning our proposal for a 30-day comment

period ending August 19, 1994. We received six comments by that date.

They were from a nursery association, distributors of agricultural

chemical treatments, and a State department of agriculture. All

responses were in favor of the proposed rule. However, a few commenters

brought to our attention new information which warrants changes to the

proposal. These changes are discussed below.

We had proposed to add granular tefluthrin to the list of

authorized chemicals under the tradename FORCE. Several

commenters noted that the insecticide tefluthrin marketed under the

tradename FORCE is only for use on field corn. The company

which will distribute granular tefluthrin for the treatment of

containerized nursery stock will market tefluthrin under the tradename

FIREBAN. We are, therefore, adding granular tefluthrin to the

Appendix under the tradename FIREBAN, rather than under the

tradename FORCE.

We had also proposed that the granular tefluthrin be applied at a

dosage rate of 25 parts per million (ppm), with no limit on the

certification period. We then received, as part of a comment, data

which enables APHIS to support the treatment of soil or potting media

with granular tefluthrin, for limited periods, at rates lower than the

25 ppm rate originally proposed. This data was not available when the

proposal to this rule was published. However, we have reviewed the data

included in the comment and have determined that a dosage rate of 10

ppm is efficacious for 6 months and that a dosage rate of 15 ppm is

efficacious for 12 months. Therefore, this final rule adds provisions

for dosage rates of granular tefluthrin at 10 ppm and 15 ppm, for the

limited periods indicated. Treatment at a dosage rate of 25 ppm will

remain an option, as proposed, in order to certify containerized

nursery stock for interstate movement from quarantined areas for more

than 12 months. Allowing treatment at lower dosage rates will reduce

the amount of insecticide used, thus reducing the economic burden on

persons moving containerized nursery stock interstate from imported

fire ant-quarantined areas for limited periods.

Finally, one commenter inquired whether or not we intend to limit

the use of granular tefluthrin to IFA-free nurseries only. The answer

is no. We are adding granular tefluthrin to the list of authorized

chemicals for the treatment of containerized nursery stock that is to

be certified for interstate movement from quarantined areas (listed in

Sec. 301.81-3 of the regulations). Any containerized nursery stock that

qualifies as a regulated article (see Sec. 301.81-2) and that is moved

interstate from a quarantined area must be treated with an authorized

chemical (or otherwise handled in accordance with Secs. 301.81-4 and

301.81-5), regardless of whether or not the nursery is IFA-free.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule, with the changes noted above.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. This rule gives

nurseries another choice of insecticides with which to meet the

certification requirement for interstate movement of containerized

nursery stock, and provides a backup in case one of the insecticides is

taken off the market or is unavailable for any reason. Immediate

implementation of this rule is necessary so that nurseries may begin

treating soil and potting media with granular tefluthrin in preparation

for the shipping season beginning this September. Therefore, the

Administrator of the Animal and Plant Health Inspection Service has

determined that this rule should be effective upon publication in the

Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This final 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 rule amends the Appendix to the imported fire ant regulations

to allow the use of the insecticide tefluthrin (FIREBAN), 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 will not

be significant.

The addition of tefluthrin to the list of authorized chemicals

gives nurseries another choice of insecticides so they can choose

whichever product best suits their needs, and provides 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 happens,

nurseries will benefit by lower treatment costs.

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 anticipate 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 3015, subpart V.)

Executive Order 12778

This rule has been reviewed under Executive Order 12778, 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.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for this rule. The assessment provides a basis for

our conclusion that use of tefluthrin at the dosage rate of 25 ppm, or

less for limited periods, will not present a risk of disseminating

plant pests and will 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 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 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 2.17, 2.51, and 371.2(c).

2. Part 301, Subpart--Imported Fire Ant, Appendix to the subpart,

is amended as follows:

a. In paragraph III.B., under the ``Insecticides'' heading,

``Tefluthrin (FIREBAN)'' is added following ``Fenoxycarb

(AWARD)''.

b. Paragraph III.C.3.c. is redesignated as paragraph III.C.3.d.,

and a new paragraph III.C.3.c. is added to read as set forth below.

c. In newly redesignated paragraph III.C.3.d., the introductory

text, the phrase ``chlorpyrifos and bifenthrin'' is removed and the

phrase ``chlorpyrifos, bifenthrin, or tefluthrin'' is added in its

place; and a new ``Method E--Granular Incorporation (Tefluthrin)'' is

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'' is added

immediately after the word ``bifenthrin''; and a new paragraph, titled

``Tefluthrin'', is added immediately following the existing text, 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'' is

removed and the phrase ``chlorpyrifos, bifenthrin, or tefluthrin'' is

added in its place.

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 Administrator, c/o Domestic and Emergency

Operations, PPQ, APHIS, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782.

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* * * * *

3. Plants--Balled or in Containers

* * * * *

c. Tefluthrin: Granular Formulation.

Material: Granular tefluthrin--incorporation into soil or

potting media for containerized nursery stock.

Dosage: The amount of granular tefluthrin 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

tefluthrin needed to achieve a specified dosage.

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Certification

Granular tefluthrin dosage (parts per million) period (months

after treatment)

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10 ppm.............................................. 0-6 months.

15 ppm.............................................. 0-12 months.

25 ppm.............................................. Continuous.

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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 variable, determined by

the selected certification period, for the granular tefluthrin.

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 19th day of September 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-23614 Filed 9-22-94; 8:45 am]

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