[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59307-59308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26043]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 68, No. 199 / Wednesday, October 15, 2003 /
Rules and Regulations
[[Page 59307]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-115-2]
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 by adding
the insecticide methoprene (Extinguish[reg]) to the list of chemicals
that are authorized for the treatment of regulated articles. This
product is registered by the U.S. Environmental Protection Agency for
use against the imported fire ant and has been found efficacious based
on testing by the Gulfport Plant Methods Center. This rule makes
methoprene available for the treatment of containerized plants and
field-grown woody ornamentals in the quarantined areas.
EFFECTIVE DATE: November 14, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Brown, Imported Fire
Ant Program Manager, Invasive Species and Pest Management, PPQ, APHIS,
4700 River Road Unit 134, Riverdale, MD 20737-1231; (301) 734-8247.
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 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. Imported fire ants are notorious
hitchhikers and are readily transported long distances when articles
such as soil and nursery stock are shipped outside the infested area.
The Animal and Plant Health Inspection Service (APHIS) works to
prevent further imported fire ant spread by enforcing a Federal
quarantine and cooperating with imported fire ant-infested States to
mitigate the risks associated with the movement of regulated articles
such as nursery stock and used soil-moving equipment. Also, APHIS
evaluates the efficacy of regulatory treatments for preventing the
artificial spread of imported fire ant and revises its regulations and
procedures as necessary. APHIS works with States, industry, and other
Federal agencies to develop and test promising new insecticides and
biological control agents.
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.''
On March 21, 2003, we published in the Federal Register (68 FR
13859-13861, Docket No. 02-115-1) a proposal to amend the regulations
by adding the insecticide methoprene (Extinguish[reg]) to the list of
chemicals that are authorized for the treatment of regulated articles
and make methoprene available for the treatment of containerized plants
and field-grown woody ornamentals in the quarantined areas.
We solicited comments concerning our proposal for 60 days ending
May 20, 2003. We received two comments by that date. The comments were
from State departments of agriculture. Both commenters were in favor of
adding methoprene (Extinguish[reg]) to the list of chemicals that are
authorized for the treatment of regulated articles.
Therefore, for the reasons given in the proposed rule, we are
adopting the proposed rule 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 under
Executive Order 12866.
This final rule amends the appendix to the imported fire ant
regulations to allow the use of the insecticide methoprene
(Extinguish[reg]) against the imported fire ant. Methoprene is
registered by the U.S. Environmental Protection Agency for use against
the imported fire ant in containerized plants and field-grown woody
ornamentals and has been found to be efficacious against imported fire
ant based on testing by the Gulfport Plant Methods Center in
Mississippi.
Determining the cost to treat for imported fire ant in nursery
operations is complicated because of the large number of insecticide
products, varying soil conditions, and various types of nursery crops.
For example, in two surveys conducted by Hall and Holloway (1994 and
1995) of 37 nursery crop growers in Texas, which represented more than
half of all nursery crops produced in that State, chemical cost per
treatment per acre for imported fire ant control averaged $12.10, with
treatment costs representing up to 4 percent of their production cost.
Almost half (47 percent) of those growers reported treating for
imported fire ant and most of them reported using more than one
pesticide in their operations (range=1 to 3; average=1.5), making the
average cost per acre for insecticides to control imported fire ant
$18.15 (i.e., 1.5 x $12.10).
Methoprene (Extinguish[reg]) is the latest insecticide to be added
to the regulations for the treatment of imported fire ant. The
currently approved treatments--Fipronil (Chipco[reg]), Pyriproxyfen
(Distance[reg]), Fenoxycarb (AWARD[reg]), Hydramethylnon (AMDRO[reg]),
and Bifenthrin (Talstar[reg])--cost approximately the same in the bulk
market, $5 to $12 per pound, with each pound treating 17 colonies
(i.e., mounds) of imported fire ant. However, any insecticide's retail
price depends on the price charged by its local distributor and may
vary from State to State.
[[Page 59308]]
Although the insecticides generally do not differ greatly in price, at
least some consumers can be expected to benefit from inclusion of
methoprene as an alternative treatment.
Impact on Small Entities
Businesses such as nurseries that work with regulated articles are
the entities most likely to be affected by this rule. This final rule
will result in a wider selection of treatment options for imported fire
ant. The economic effect on affected entities will either be positive,
since a wider selection of insecticides will provide greater choice, or
neutral, if they choose not to use methoprene.
The Regulatory Flexibility Act requires that agencies consider the
economic effects of their rules on small businesses. Based on data from
the 1997 Census of Agriculture, there were 14,762 nurseries and
greenhouses in the 13 States that have been affected by imported fire
ant plus Puerto Rico, of which 82 to 99 percent were small entities,
according to the Small Business Administration criterion of annual
sales of $750,000 or less.
We expect that the economic effect of this final rule on these
businesses will either be positive (a wider selection of insecticides
will provide greater choice) or neutral (if they choose not to use
methoprene). The majority (82 to 99 percent) of firms that may
potentially be affected by this final rule are 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 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.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
Appendix to Subpart--Imported Fire Ant [Amended]
0
2. In part 301, Subpart--Imported Fire Ant (Sec. Sec. 301.81 through
301.81-10), the appendix to the subpart is amended as follows:
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a. In paragraph III.B., under the heading INSECTICIDES, by adding, in
alphabetical order, an entry for ``Methoprene (Extinguish[reg])''.
0
b. In paragraph III.C.4., under the heading Control, by removing the
word ``or'' immediately following the word ``(AWARD[reg]),'' and by
adding the words ``, or methoprene (Extinguish[reg])'' immediately
following the word ``(Distance[reg])''.
0
c. In paragraph III.C.5., in the paragraph titled Material, by removing
the word ``or'' immediately following the word ``(AMDRO[reg]),'' and by
adding the words ``, or methoprene (Extinguish[reg])'' immediately
following the word ``(Distance[reg])''.
0
d. In paragraph III.C.5., in the paragraph titled Dosage, by removing
the word ``or'' immediately following the word ``(AMDRO[reg]),'' and by
adding the words ``, or methoprene (Extinguish[reg])'' immediately
following the word ``(Distance[reg])''.
0
e. In paragraph III.C.5., in the paragraph titled Method, in the first
and third sentences, by removing the word ``or'' immediately following
the word ``(AMDRO[reg]),'' and by adding the words ``, or methoprene
(Extinguish[reg])'' immediately following the word ``(Distance[reg])''.
0
f. In paragraph III.C.5., by amending the paragraph titled Special
Information as follows:
0
i. In the first and third sentences, by removing the word ``or''
immediately following the word ``(AMDRO[reg])'' and by adding the words
``, or methoprene (Extinguish[reg])'' immediately following the word
``(Distance[reg])''.
0
ii. In the second sentence, by removing the word ``or'' immediately
following the word ``(AWARD[reg])'' and by adding the words ``,
pyriproxyfen (Distance[reg]), or methoprene (Extinguish[reg])''
immediately following the word ``(AMDRO[reg])''.
Done in Washington, DC, this 9th day of October, 2003 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-26043 Filed 10-14-03; 8:45 am]
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