Imported Fire Ant; Approved Treatments

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-063-1]

Imported Fire Ant; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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

SUMMARY: We are amending the imported fire ant regulations to lengthen

the certification period for containerized nursery stock treated with a

10 parts per million dosage of the insecticide tefluthrin in its

granular formulation and to remove the 15 parts per million dosage rate

for granular tefluthrin. Research has demonstrated that a 10 parts per

million dosage of granular tefluthrin is efficacious for 18 months,

which is 12 months longer than the current certification period for

that

[[Page 53602]]

dosage and 6 months longer than the current certification period for a

15 parts per million dosage. Lengthening the certification period for

the 10 parts per million dosage and removing the 15 parts per million

dosage will reduce the amount of insecticide used, which will reduce

the costs incurred by persons moving containerized nursery stock

interstate from areas quarantined for the imported fire ant.

DATES: This rule will be effective on December 16, 1996 unless we

receive written adverse comments or written notice of intent to submit

adverse comments on or before November 14, 1996.

ADDRESSES: Please send an original and three copies of any adverse

comments or notice of intent to submit adverse comments to Docket No.

96-063-1, Regulatory Analysis and Development, PPD, APHIS, suite 3C03,

4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that

your submission refers to Docket No. 96-063-1. Submissions 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 and notices are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald P. Milberg, Operations

Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-5255; or E-mail:

[email protected].

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.

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 impose restrictions

on the interstate movement of certain regulated 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.''

Currently, the appendix offers three dosage rate/certification

period options for granular tefluthrin: 0 to 6 months for a 10 parts

per million (ppm) dosage, 0 to 12 months for a 15 ppm dosage, and a

continuous certification period for a 25 ppm dosage.

Tests conducted by the Animal and Plant Health Inspection Service's

Imported Fire Ant Methods Development Station in Gulfport, MS, have

demonstrated that granular tefluthrin incorporated at a dosage rate of

10 ppm into soil or potting media for containerized nursery stock is

efficacious for 18 months. This is 12 months longer than the current

certification period for a 10 ppm dosage and 6 months longer than the

current certification period for a 15 ppm dosage. Based on that

efficacy data, we have determined that containerized nursery stock can

be certified for interstate movement for 18 months after treatment with

granular tefluthrin at a dosage rate of 10 ppm.

Therefore, this direct final rule will amend the appendix to the

regulations by increasing the certification period for the 10 ppm

dosage of granular tefluthrin from 0-6 months to 0-18 months. In light

of that longer certification period for the lower 10 ppm dosage, the 15

ppm dosage, which has a certification period of 0 to 12 months, is no

longer necessary and will be removed. The dosage rate of 25 ppm will be

required for certification of containerized nursery stock for

interstate movement from quarantined areas for more than 18 months.

Dates

We are publishing this rule without a prior proposal because we

view this action as noncontroversial and anticipate no adverse public

comment. This rule will be effective, as published in this document, 60

days after the date of publication in the Federal Register unless we

receive written adverse comments or written notice of intent to submit

adverse comments within 30 days of the date of publication of this rule

in the Federal Register.

Adverse comments are comments that suggest the rule should not be

adopted or that suggest the rule should be changed.

If we receive written adverse comments or written notice of intent

to submit adverse comments, we will publish a notice in the Federal

Register withdrawing this rule before the effective date. We will then

publish a proposed rule for public comment. Following the close of that

comment period, the comments will be considered, and a final rule

addressing the comments will be published.

As discussed above, if we receive no written adverse comments nor

written notice of intent to submit adverse comments within 30 days of

publication of this direct final rule, this direct final rule will

become effective 60 days following its publication. We will publish a

notice to this effect in the Federal Register, before the effective

date of this direct final rule, confirming that it is effective on the

date indicated in this document.

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.

This direct final rule amends the regulations by lengthening the

certification period for containerized nursery stock treated with a 10

ppm dosage of granular tefluthrin and by removing the 15 ppm dosage

rate for granular tefluthrin. Lengthening the certification period for

the 10 ppm dosage and removing the 15 ppm dosage will reduce the amount

of insecticide used, which will reduce the costs incurred by persons

moving containerized nursery stock interstate from areas quarantined

for the imported fire ant.

The number of current users of granular tefluthrin--and the number

of potential new users that may result from this rule change--is not

known, but most are assumed to be small entities (wholesalers of

nursery stock having fewer than 100 employees, and retail nurseries

having less than $5 million in annual revenue). Several thousand

nursery wholesalers and retailers have signed compliance agreements

under the imported fire ant regulations, but not all of these are

necessarily shipping restricted products requiring the application of

granular tefluthrin or alternative chemicals out of the regulated

areas. Moreover, most nurseries under compliance agreements currently

use treatments other than tefluthrin. Therefore, an estimate of how

many small entities will be affected by this rule change is difficult,

but they may number in the hundreds.

Costs for most users of granular tefluthrin will be reduced because

of the increased period of certification. Under the current

regulations, a dose rate of 15 ppm is required for a certification

period up to 12 months and a dose rate of 25 ppm is required for a

certification

[[Page 53603]]

period greater than 12 months. Thus, a cost savings of from 33 to 60

percent will be realized by purchasers of granular tefluthrin who ship

their products out of the restricted areas between 12 and 18 months

after treatment. The current retail price of granular tefluthrin is

about $4.00 per pound, but prices can vary considerably depending upon

whether or not it is purchased in bulk. A 33 to 60 percent cost savings

realized by applying tefluthrin at a 10 ppm dose rate rather than a 15

or 25 ppm dose rate could mean a savings of about $1.33 to $2.40 in the

application of one pound of granular tefluthrin.

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 expect 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 part 3015, subpart V.)

Executive Order 12988

This 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 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, 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 2.22, 2.80, and 371.2(c).

2. In part 301, Subpart--Imported Fire Ant, in the appendix to the

subpart, paragraph III.C.3.c. is amended by revising the dosage table

to read as follows:

Subpart--Imported Fire Ant

* * * * *

Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported

Fire Ant Program Manual'' 8

III. Regulatory Procedures

* * * * *

C. Approved Treatments.

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

\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, MD 20737-1236.

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

* * * * *

3. Plants--Balled or in Containers

* * * * *

c. Tefluthrin: Granular Formulation.

* * * * *

Dosage: * * *

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

Granular tefluthrin dosage (parts per Certification period (months

million) after treatment)

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

10 ppm.................................. 0-18 months.

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

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

* * * * *

Done in Washington, DC, this 8th day of October 1996.

A. Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-26348 Filed 10-11-96; 8:45 am]

BILLING CODE 3410-34-P