[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23614]
[[Page Unknown]]
[Federal Register: September 23, 1994]
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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]
BILLING CODE 3410-34-P