[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57969-57971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28181]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 64, No. 208 / Thursday, October 28, 1999 /
Rules and Regulations
[[Page 57969]]
=======================================================================
-----------------------------------------------------------------------
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
