Imported Fire Ant; Approved Treatments

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-027-2]

Imported Fire Ant; Approved Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the imported fire ant regulations by adding

the insecticide pyriproxyfen (Distance) to the list of

chemicals authorized for the treatment of containerized nursery plants

and field-grown woody ornamentals that are to be certified for

interstate movement from quarantined areas. This action will give the

regulated community another choice with which to meet certification

requirements. We are also updating the imported fire ant regulations by

amending dosages and formulations for currently authorized insecticides

in order to be consistent with product labeling and availability; by

alphabetizing, for organizational purposes, the list of authorized

chemicals; and by adding a brand name to the list of authorized

chemicals, for consistency.

EFFECTIVE DATE: October 28, 1999.

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.

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 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 restrict the

interstate movement of certain 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.''

On June 7, 1999, we published in the Federal Register (64 FR 30250-

30252, Docket No. 99-027-1) a proposal to amend the imported fire ant

regulations by adding the insecticide pyriproxyfen

(Distance) to the list of chemicals authorized for the

treatment of containerized nursery plants and field-grown woody

ornamentals that are to be certified for interstate movement from

quarantined areas. We also proposed to update the imported fire ant

regulations by amending dosages and formulations for currently

authorized insecticides, by alphabetizing the list of authorized

chemicals, and by adding a brand name to the list of authorized

chemicals.

We solicited comments concerning our proposal for 60 days ending

August 6, 1999. We received four comments by that date. They were from

a chemical producer, a crop health service company, and two State

agriculture departments. Three comments supported our proposal and one

comment, which is discussed below, called for two changes.

First, the commenter stated that flowable formulations of

tefluthrin have been approved as a treatment for the imported fire ant

and that this should be reflected in our rule. However, no flowable

formulation of tefluthrin has been developed; we believe the commenter

has confused flowable tefluthrin with flowable bifenthrin. Second, the

commenter stated that the application rate for flowable bifenthrin

should be 50 ppm, as listed on the Talstar Nursery Flowable label, not

25 ppm as stated in the proposed rule. The Talstar Nursery Flowable

label does not list application rates in parts per million, but rather

in pounds of chemical per volume of soil. According to our

calculations, the application rate listed for flowable bifenthrin is

equivalent to 25 ppm.

Therefore, for the reasons given in the proposed rule and in this

document, we are adopting the proposed rule as a final rule, without

change.

Effective Date

This is a substantive rule that approves the use of a new chemical

pesticide that may be used as an alternative to other authorized

chemicals. Immediate implementation of this rule will enable those

persons wishing to sell or use pyriproxyfen (Distance) to

benefit from its availability for treatment of the imported fire ant

during the fall planting season, which is about to begin. Therefore,

pursuant to 5 U.S.C. 553, the Administrator of the Animal and Plant

Health Inspection Service has determined that this rule should be

effective less than 30 days after publication in the Federal Register.

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.

For our proposed rule, we performed an initial regulatory

flexibility analysis in which we invited comments about the potential

economic effects of this rule on small entities. We did not receive any

comments addressing this issue. We have, therefore, prepared this final

regulatory flexibility analysis using the data available to us. Based

on the information that we have, there is no basis to conclude that

this rule will result in any significant economic effects on a

substantial number of small entities.

Under the Plant Quarantine Act and the Federal Plant Pest Act

(7U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167), the

Secretary of Agriculture is authorized to regulate the interstate

movement of articles to prevent the spread of injurious plant pests in

the United States.

This rule amends the Appendix to the imported fire ant regulations

by allowing the use of the bait insecticide

[[Page 57970]]

pyriproxyfen (Distance) for the treatment of containerized

nursery plants and field-grown woody ornamentals that are to be

certified for interstate movement from quarantined areas.

There are approximately 13,266 nurseries in the quarantined areas.

Approximately 82-99 percent of those nurseries would be considered

small businesses with annual sales of less than $500,000. It is unknown

how many of these nurseries move containerized nursery stock interstate

from quarantined areas each year, but any that do would be likely to

benefit from the availability of pyriproxyfen (Distance) as

an approved pesticide for treating the imported fire ant.

Prior to this final rule, for certification, containerized nursery

plants and field-grown woody ornamentals had to be treated with a bait

insecticide, either fenoxycarb (AWARD) or hydramethylnon

(AMDRO), in conjunction with a contact insecticide,

bifenthrin (Talstar). This action allows pyriproxyfen

(Distance) to be used as an alternative to fenoxycarb

(AWARD) and hydramethylnon (AMDRO) in order to

give nurseries another option by which they can certify their products

for interstate movement. All three bait insecticides fall within the

same price range, $8-10 per pound, but competition between imported

fire ant insecticide producers, which would be stimulated by the

inclusion of pyriproxyfen (Distance), could result in

decreased prices, benefiting many nurseries.

The only significant alternative to this final rule that we

considered was to not add pyriproxyfen (Distance) to the

list of authorized chemicals for the treatment of regulated materials.

We have rejected this alternative because it would deny nurseries the

benefit of having another authorized bait insecticide to choose from.

This final rule contains no reporting or recordkeeping

requirements.

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 final 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 final 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, we are amending 7 CFR part 301 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 (Secs. 301.81--301.81-

10), the Appendix to the subpart is amended as follows:

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

list is revised to read as set forth below.

b. In paragraph III.C.3.d., under the heading ``Method C--Topical

Application,'' a fourth paragraph is added to read as set forth below.

c. In paragraph III.C.4., under the heading ``Control,''

immediately following the word ``(AMDRO)'', the word ``or''

is removed and a comma is added in its place, and immediately following

the word ``(AWARD)'', the words ``, or pyriproxyfen

(Distance)'' are added.

d. In paragraph III.C.4., under the heading ``Exclusion,'' under

``Bifenthrin,'' first sentence, immediately following the word

``granular'', the word ``, flowable,'' is added.

e. In paragraph III.C.4., under the heading ``Exclusion,'' under

``Bifenthrin,'' first paragraph, the last sentence is revised to read

as set forth below.

f. In paragraph III.C.4., under the heading ``Exclusion,'' under

``Tefluthrin,'' first sentence, immediately following the word

``granular'', the word ``, flowable,'' is added.

g. In paragraph III.C.5., the ``Material'' and ``Dosage''

paragraphs are revised to read as set forth below.

h. In paragraph III.C.5., in the ``Method'' paragraph, the phrase

``1.5 lb (0.68 kg)'' is removed and the phrase ``1.0-1.5 lb (0.45-0.68

kg)'' is added in its place.

i. In paragraph III.C.5., in the ``Method'' and ``Special

Information'' paragraphs, the words ``fenoxycarb (AWARD) or

hydramethylnon (AMDRO)'' are removed and the words

``fenoxycarb (AWARD), hydramethylnon (AMDRO),

or pyriproxyfen (Distance)'' are added in their place each

time they appear.

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 Animal and Plant Health Inspection Service,

Plant Protection and Quarantine, Domestic and Emergency Operations,

4700 River Road Unit 135, Riverdale, Maryland 20737-1236.

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

III. Regulatory Procedures

* * * * *

B. * * *

INSECTICIDES

Bifenthrin (Talstar)

Chlorpyrifos (Dursban)

Diazinon

Fenoxycarb (AWARD)

Hydramethylnon (AMDRO)

Pyriproxyfen (Distance)

Tefluthrin (FIREBAN)

C. * * *

3. * * *

d. * * *

Method C--Topical Application

* * * * *

Manufacture of the 10WP (wettable powder) formulation was

discontinued in 1998; however, the EPA will allow this product to be

utilized until supplies are exhausted.

* * * * *

4. * * *

Exclusion

Bifenthrin

* * * The dosage rate for granular bifenthrin is variable and is

determined by the certification period selected; for flowable

bifenthrin it is 25 ppm; for wettable powder bifenthrin it is 50

ppm.

* * * * *

5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to

Harvest)

Material: Chlorpyrifos used in combination with fenoxycarb

(AWARD), hydramethylnon (AMDRO), or

pyriproxyfen (Distance) fire ant bait.

Dosage: Fenoxycarb (AWARD), hydramethylnon

(AMDRO), or pyriproxyfen (Distance) at 1.0-

1.5 lb (0.45-0.68 kg) bait/acre. Chlorpyrifos at 6.0 lb (2.7 kg)

a.i./acre.

* * * * *

[[Page 57971]]

Done in Washington, DC, this 22nd day of October 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-28181 Filed 10-27-99; 8:45 am]

BILLING CODE 3410-34-U