4664 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules

travel time to and from the site of the

appeal, plus any additional expenses. If

the appeal grading, or examination or

review of a grader’s decision, discloses

that a material error was made in the

original determination, no fee or

expenses will be charged.

9. In § 70.76, paragraph (a)(2) is

revised to read as follows:

§ 70.76 Charges for continuous poultry

grading performed on a nonresident basis.

* * * * *

(a) * * *

(2) An administrative service charge

equal to 25 percent of the grader’s total

salary costs. A minimum charge of $225

will be made each billing period. The

minimum charge also applies where an

approved application is in effect and no

product is handled.

* * * * *

10. In § 70.77, paragraphs (a)(4) and

(a)(5) are revised to read as follows:

§ 70.77 Charges for continuous poultry or

rabbit grading performed on a resident

basis.

* * * * *

(a) * * *

(4) For poultry grading: An

administrative service charge based

upon the aggregate weight of the total

volume of all live and ready-to-cook

poultry handled in the plant per billing

period computed in accordance with the

following: Total pounds per billing

period multiplied by $0.00033, except

that the minimum charge per billing

period shall be $225 and the maximum

charge shall be $2,250. The minimum

charge also applies where an approved

application is in effect and no product

is handled.

(5) For rabbit grading: An

administrative service charge equal to

25 percent of the grader’s total salary

costs. A minimum charge of $225 will

be made each billing period. The

minimum charge also applies where an

approved application is in effect and no

product is handled.

* * * * *

Dated: January 27, 1997.

Lon Hatamiya,

Administrator.

[FR Doc. 97–2404 Filed 1–30–97; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 96–063–3]

Imported Fire Ant; Approved

Treatments

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

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

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 would reduce

the amount of insecticide used, which

would reduce the costs incurred by

persons moving containerized nursery

stock interstate from areas quarantined

for the imported fire ant.

DATES: Consideration will be given only

to comments received on or before

March 17, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–063–3, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–063–3. Comments

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 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,

Program Support, PPQ, APHIS, 4700

River Road Unit 134, Riverdale, MD

20737–1236, (301) 734–5255; or E-mail:

rmilberg@aphis.usda.gov.

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 (APHIS)

at its Imported Fire Ant Methods

Development Station (IFAMDS) 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 could be certified for interstate

movement for 18 months after treatment

with granular tefluthrin at a dosage rate

of 10 ppm.

Therefore, we are proposing to 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, would no

longer be necessary and would be

removed. The dosage rate of 25 ppm

would be required for certification of

containerized nursery stock for

interstate movement from quarantined

areas for more than 18 months.
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules 4665

Previous Direct Final Rule

On October 15, 1996, we published in

the Federal Register (61 FR 53601–

53603, Docket No. 96–063–1) a direct

final rule to amend the regulations in

the same way as proposed in this

document, i.e., to lengthen the

certification period for 10 ppm dosage

of granular tefluthrin and remove the 15

ppm dosage rate. In response to that

direct final rule, we received two

adverse comments. Therefore, in

accordance with our published policy

on direct final rules, we withdrew the

direct final rule prior to its effective date

in a document published in the Federal

Register on December 13, 1996 (61 FR

65459, Docket No. 96–063–2).

Both of the adverse comments we

received stated that the research

conducted at IFAMDS did not

demonstrate that a 10 ppm dosage of

tefluthrin will provide 18 months of

control. The commenters focused on the

regression equation used to chart the

data generated by that research. While

they acknowledged that the regression

equation did indeed show that a 10 ppm

dosage of tefluthrin would provide 18

months of control, they questioned the

validity of the equation itself.

The tefluthrin trials conducted by

IFAMDS covered 46 individual tests

conducted over 15 different projects

using a 1.5 percent granular formulation

of the insecticide incorporated with

nursery potting media. The dosage rates

tested in those projects ranged from 2.5

ppm to 86.3 ppm. Those dosage rates

were shown to provide residual

activity—i.e., fire ant control—for

periods ranging from greater than 1

month for the 2.5 ppm dosage to 43

months for the 86.3 ppm dosage. When

those research results were charted and

the generated regression equation of Y =

16.29 + 0.19X was applied, the data

indicated that a 10 ppm dosage of

tefluthrin would provide greater than 18

months of control. Based on that

research, APHIS personnel at IFAMDS

recommended that the regulations be

amended to reflect a 0–18 month

certification period for a 10 ppm dosage

of tefluthrin and a continuous

certification period for a 25 ppm dosage,

which is what we attempted to do in the

October 1996 direct final rule that was

withdrawn due to our receipt of adverse

comments.

The adverse comments we received

were based on two arguments. The first

argument is that the regression equation

used by APHIS to support an 18-month

certification period for a 10 ppm dosage

of tefluthrin also predicts that a 0 ppm

dosage—i.e., no insecticidal treatment at

all—would provide greater than 16

months of control. We believe that this

argument is a misinterpretation of the

facts in that the commenters are merely

pointing to the chart used to represent

the results of the tefluthrin trials and

noting that the regression line to the

data points, when extended to 0 on the

X axis (dose rate/ppm), intersects the Y

axis (months residual activity) at 16.

That line is unsupported by data points

at 0 on the X axis and cannot reasonably

be represented as unequivocally

supporting a 16-month certification

period for a 0 ppm dosage. We believe

that such an interpretation is an extreme

inference that misrepresents the

function of regression equation

methodology and mischaracterizes the

nature of the conclusions that can be

logically drawn from the research

conducted by IFAMDS.

The second argument employed in the

adverse comments is that the regression

equation is inappropriate because it fails

to consider that the equation was

generated using the least squares

technique to fit the best line to the data

points. That means, one comment

stated, that roughly half of the data

points will fall above the regression line

and half will fall below. Thus, the

comment continued, the data can be

interpreted as showing tefluthrin

applied at 10 ppm would fail to provide

18 months of control 50 percent of the

time and at 25 ppm would fail to

provide 18 months of control 33 percent

of the time. We continue to believe that

the methodology used is valid and

appropriate and provides a rational

basis for our proposal to amend the

regulations to reflect a 0–18 month

certification period for a 10 ppm dosage

of tefluthrin and a continuous

certification period for a 25 ppm dosage.

The methodology used in the tefluthrin

trials has been used by IFAMDS in

conducting trials for the other

insecticidal chemicals and formulations

that are currently approved for use—and

are being used to good effect—in the

imported fire ant program.

A recent example of the application of

this methodology to the imported fire

ant program was the approval of

reduced rates of granular bifenthrin for

incorporation in containerized nursery

stock. (Those reduced rates were added

to the regulations by a direct final rule

published in the Federal Register of

October 28, 1993 [58 FR 57952–57955,

Docket No. 93–082–1].) The regression

equation used for bifenthrin in that case

could be interpreted as predicting that

a 0 ppm dosage of granular bifenthrin

would provide approximately 13

months of control; that a 15 ppm dosage

would fail to provide 24 months of

control 50 percent of the time; and that

a 25 ppm dosage would fail to provide

24 months of control 20 percent of the

time. Granular bifenthrin has been used

as an efficacious and dependable

component of the imported fire ant

program since that direct final rule

became effective on December 27, 1993;

the research conducted by IFAMDS

leads us to fully expect that tefluthrin

applied at the rates proposed in this

document would be similarly effective

in preventing the spread of the imported

fire ant.

Therefore, having considered the

adverse comments received in response

to the previous direct final rule, we still

believe that efficacy data generated by

IFAMDS and the methodology used to

develop the data provide an appropriate

scientific basis for our proposed

lengthening of the certification period

for a 10 ppm dosage of granular

tefluthrin.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed 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 proposed rule would amend 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

would reduce the amount of insecticide

used, which would 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 could result

from this proposed 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, it is difficult to

estimate how many small entities would

be affected by this proposed rule
4666 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules

8A 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.

change, but they may number in the

hundreds.

Costs for most users of granular

tefluthrin would 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 period greater than 12

months. Thus, a cost savings of from 33

to 60 percent would 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 would

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 would 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 proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed 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 would be

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

would continue 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. would be 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.

* * * * *

3. Plants—Balled or in Containers

* * * * *

c. Tefluthrin: Granular Formulation.

* * * * *

Dosage: * * *

Granular tefluthrin

dosage (parts per million)

Certification period

(months after treatment)

10 ppm ...................... 0–18 months.

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

* * * * *

Done in Washington, DC, this 27th day of

January 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–2402 Filed 1–30–97; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 1205

[CN–96–007]

Amendment to Cotton Board Rules

and Regulations Regarding Import

Assessment Exemptions

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: The Agricultural Marketing

Service is proposing to amend the

regulations regarding import assessment

exemptions by adjusting the provisions

for automatic assessment exemptions on

certain imports of textile and apparel

products. The purpose of the proposed

automatic exemption is to avoid

multiple assessment of U.S. produced

cotton that has been exported and then

imported back into the U.S. in the form

of textile and apparel products. Also,

this proposed rule would lengthen the

amount of time a person has to request

an import reimbursement from 90 days

from the date the assessment was paid

to 180 days from the date the

assessment was paid. This proposal

would be consistent with the business

practices of importers and would make

it easier for importers to comply with

the regulations.

DATES: Comments must be submitted on

or before March 3, 1997.

ADDRESSES: Comments may be mailed to

USDA, AMS, Cotton Division, STOP

0224, 1400 Independence Avenue S.W.,

Washington D.C., 20250–0224.

Comments will be made available for

public inspection during the hours 8:00

a.m. to 4:00 p.m. Monday through

Friday at this address.

FOR FURTHER INFORMATION CONTACT:

Craig Shackelford, (202) 720–2259.

SUPPLEMENTARY INFORMATION:

Regulatory Impact Analysis

Executive Orders 12866 and 12988; the

Regulatory Flexibility Act and the

Paperwork Reduction Act

This rule has been determined to be

‘‘not significant’’ for purposes of

Executive Order 12866, and, therefore,

has not been reviewed by the Office of

Management and Budget.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have

retroactive effect. This rule would not

preempt any state or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. The Cotton Research and

Promotion Act, 7 U.S.C. 2101–2118