Imported Fire Ant; Approved Treatments

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-063-4]

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 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. These changes are based on research showing

that a 10 parts per million dosage of granular tefluthrin is

efficacious for 18 months, which is 12 months longer than the original

certification period for that dosage and 6 months longer than the

original 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.

EFFECTIVE DATE: July 7, 1997.

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; 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.''

In a proposed rule published in the Federal Register on January 31,

1997 (62 FR 4664-4666, Docket No. 96-063-3), we proposed to amend the

regulations to lengthen the certification period for containerized

nursery stock treated with a 10 parts per million (ppm) dosage of the

insecticide tefluthrin in its granular formulation and to remove the 15

ppm dosage for granular tefluthrin.

We solicited comments concerning the proposed rule for 45 days

ending March 17, 1997. We received 3 comments by that date. The

comments we received were from a State agricultural agency, a nursery

and landscape industry trade organization, and an agricultural products

manufacturer. One commenter strongly supported the proposed rule, while

the two remaining commenters questioned the accuracy and validity of

the statistical analysis used to support the proposed lengthening of

the certification period for a 10 ppm dosage of granular tefluthrin.

One of the two commenters who opposed an 18-month certification

period for a 10 ppm dosage of granular tefluthrin stated that his own

statistical analysis of the raw data led him to conclude that a 10 ppm

dosage rate can be expected to provide protection from fire ant

infestation for only 13.4 months, rather than the 18 months cited by

the Animal and Plant Health Inspection Service (APHIS). The second

commenter stated that APHIS had utilized a flawed regression equation

and that data had been inappropriately omitted from the regression

analysis; this commenter suggested that a second analysis be conducted

that included data points for a 0 ppm dosage and a regression of the

square root of the dependent variable (months) on the log of the dose

(ppm).

We continue to believe that the testing and analysis conducted by

APHIS at its Imported Fire Ant Methods Development Station (IFAMDS) in

Gulfport, MS, were properly conducted and support our conclusion 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. IFAMDS researchers used regression analysis (SPSS Inc., ``SPSS/

PC+TM Base System User's Guide: Version 6,'' Chicago, IL,

1992) of all valid data points from dozens of different field trials of

tefluthrin conducted between 1988 and 1995. That regression analysis

indicated that, on average, 18 months of residual activity could be

expected from tefluthrin at a dose rate of 10 ppm based on dry weight

bulk density of the potting media.

However, because two of the commenters disputed the validity of the

regression analysis used to support the proposed rule, researchers at

IFAMDS sought to corroborate the results of the regression analysis by

reevaluating the data from the tefluthrin field trials using the exact

same method that was used to obtain the variable dose rate schedule for

granular bifenthrin, another insecticidal formulation currently

approved for use in the imported fire ant program.

Specifically, the IFAMDS researchers used simple arithmetic means

of various data points from a variety of trials to determine the

average residual activity of tefluthrin at various dose rates, then

averaged all data from the trials that included a 10 ppm dose rate. A

compilation of the data collected in those trials yielded six valid

data points--12, 16, 16, 17, 20, and 31 months--that were used to

arrive at an average residual activity of 18.6 months

[[Page 30740]]

for granular tefluthrin incorporated in potting media at a 10 ppm

dosage rate.

Both our original regression analysis and the subsequent arithmetic

means analysis indicated that, on average, 18 months of residual

activity could be expected from tefluthrin at a dose rate of 10 ppm. We

recognize that the 18-month certification period is based on an average

and, as is the case with any average, there may be instances in which

tefluthrin incorporated at 10 ppm may not provide a full 18 months of

residual activity. We believe, however, that any increased risk that

may be present in such instances is mitigated by the certification

requirements and movement restrictions of the regulations.

Additionally, granular tefluthrin is approved for use only for the

treatment of containerized nursery stock, and most persons moving

containerized nursery stock out of the regulated areas do so as

participants in the Imported-Fire-Ant-Free Nursery program, which

combines the control aspect of insecticidal formulations with

detection, exclusion, and enforcement provisions in order to prevent

the artificial spread of the imported fire ant.

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 without change.

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 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 them are

necessarily shipping restricted products out of the regulated areas

that require the application of granular tefluthrin or alternative

chemicals. Moreover, most nurseries under compliance agreements

currently use treatments other than tefluthrin. Therefore, it is

difficult to estimate how many small entities will be affected by this

rule change, but they may number in the hundreds.

Costs for most users of granular tefluthrin will be reduced because

of the increased period of certification. Because the regulations had

required a dose rate of 15 ppm for a certification period of 0--12

months and a dose rate of 25 ppm for a certification period greater

than 12 months, the 18-month certification period for the 10 ppm dose

rate will result in a cost savings of from 33 to 60 percent for

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

is expected to result in 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 significant economic

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 also 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. 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, 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

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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 134, Riverdale, Maryland 20737-1236.

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III. Regulatory Procedures

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C. Approved Treatments.

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3. Plants--Balled or in Containers

* * * * *

c. Tefluthrin: Granular Formulation.

* * * * *

Dosage: * * *

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Granular tefluthrin dosage (parts per Certification period (months

million) after treatment)

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

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

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[[Page 30741]]

Done in Washington, DC, this 30th day of May 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-14725 Filed 6-4-97; 8:45 am]

BILLING CODE 3410-34-P