[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Notices]
[Pages 11281-11283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5053]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 00-008-1]


Public Meetings; Imported Fire Ant

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of public meetings and request for comments.

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SUMMARY: The Animal and Plant Health Inspection Service plans to hold 
four public meetings to discuss issues related to how we should 
administer our imported fire ant program in light of reduced funding.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by May 1, 2000.
    The public meetings will be held in: (1) Raleigh, NC, on March 21, 
2000; (2) Orlando, FL, on March 23, 2000; (3) Austin, TX, on March 28, 
2000; and (4) Santa Ana, CA, on March 30, 2000. Each public meeting 
will begin at 9 a.m. and is scheduled to end at 5 p.m.

ADDRESSES: If you cannot attend a public meeting, please send your 
written comment and three copies to: Docket No. 00-008-1, Regulatory 
Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 
118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-008-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
    The public meetings will be held at the following locations:
    (1) Raleigh, NC: Wake County Commons Buildings, 4011 Carya Drive, 
Raleigh, NC.
    (2) Orlando, FL: Radisson Barcelo Hotel, 8444 International Drive, 
Orlando, FL.
    (3) Austin, TX: Clements Building, Committee Room 5, 15th and 
Lavaca Streets, Austin, TX.

[[Page 11282]]

    (4) Santa Ana, CA: Hall of Administration, Board of Supervisors 
Ante Room--First Floor, 10 Civic Center Plaza, Santa Ana, CA.

FOR FURTHER INFORMATION CONTACT: Ron Milberg, Operations Officer, PPQ, 
APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-
5255.

SUPPLEMENTARY INFORMATION: The Animal and Plant Health Inspection 
Service (APHIS) plans to hold four public meetings to discuss how we 
should administer our imported fire ant program in light of reduced 
funding.
    Our imported fire ant program is based on our imported fire ant 
regulations (7 CFR 301.81-1 through 301.81-10, referred to below as the 
regulations). The regulations govern the interstate movement of 
regulated articles from areas quarantined because of imported fire ant. 
Section 301.81-2 of the regulations provides a list of articles 
regulated because of imported fire ant. Regulated articles are imported 
fire ant queens and reproducing colonies of imported fire ants, soil 
(except potting soil shipped in its original container), baled hay or 
straw stored in direct contact with the ground, nursery stock (except 
plants maintained indoors in a home or office environment and not for 
sale), used soil-moving equipment, and any other article determined to 
present a risk of spreading imported fire ant. Section 301.81-3 of the 
regulations lists areas quarantined because of imported fire ant. 
Quarantined areas are all or portions of the following States and 
territories: Alabama, Arkansas, California, Florida, Georgia, 
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, Puerto 
Rico, South Carolina, Tennessee, and Texas. Sections 301.81-4 through 
301.81-10 provide requirements for moving regulated articles interstate 
from quarantined areas to nonquarantined areas. These sections include 
requirements for certificates and limited permits and for treatment of 
regulated articles.
    For fiscal year (FY) 2000, Congress gave APHIS $100,000 to cover 
the costs of administering the imported fire ant program and directed 
APHIS to use $58,000 of that amount to administer the program in New 
Mexico. Although $100,000 is considerably less than the amount allotted 
to the program for FY 1999, this amount is actually more than APHIS 
requested. For several years, APHIS has sought to eliminate its 
imported fire ant control activities because no economical, 
environmentally acceptable control agents specific to imported fire ant 
are available for large-scale application on agricultural land. Also, 
APHIS has not received any requests from States for cooperative 
treatment programs since 1985. In past years, APHIS has provided States 
with technical knowledge, treatment guidelines, and regulatory 
guidelines to help control imported fire ant populations; the States 
have conducted regulatory and survey activities. Through this 
arrangement, States have maintained a strong regulatory program and 
have even eradicated small, isolated infestations outside quarantined 
areas.
    In support of these efforts to control imported fire ant, APHIS 
successfully tested the insecticide fipronil in FY 1998. Fipronil would 
be used to treat nursery stock and grass sod moving interstate from 
quarantined areas. The U.S. Environmental Protection Agency (EPA) is 
currently reviewing this insecticide; it may be registered by the EPA 
for use in the spring of 2001. APHIS plans to continue to evaluate the 
efficacy of new regulatory treatments for imported fire ant under its 
plant methods development laboratories? budget line item.
    The public meetings will provide an opportunity for interested 
persons to comment on whether APHIS should continue to administer the 
imported fire ant program in accordance with the regulations (and if 
so, how we should manage the program in light of current funding) or if 
we should pursue another course of action. Please note, however, that 
while the information gathered during the meetings may indicate the 
need for changes to our current regulatory program, the meetings will 
not directly result in any changes to the regulations. If we determine 
that changes to the regulations are appropriate, we will propose those 
changes in the Federal Register.

Issues

    We have identified three potential courses of action with respect 
to the imported fire ant program. They are:
    (1) Maintain our imported fire ant program with minimal Federal 
regulatory activity, in line with current funding.
    This option would, through APHIS regulations, continue to provide 
uniform standards for the regulated industry and consistent interstate 
shipping requirements. Under this option, States would continue to 
enforce the Federal quarantine without Federal funding. When alerted by 
States, APHIS personnel would continue to investigate noncompliance 
with the regulations and examine the origin and pathway of introduction 
of imported fire ants found on regulated articles.
    (2) Eliminate the imported fire ant regulations (i.e., rescind the 
Federal quarantine) and develop model guidelines for States to use in 
harmonizing their quarantines.
    This option would reduce Federal resource requirements and may 
provide uniformity without Federal regulation. However, in the absence 
of Federal regulations, States may independently impose more or less 
stringent requirements for the entry of currently regulated articles. 
Requirements could differ from State to State.
    (3) Eliminate the imported fire ant regulations (i.e., rescind the 
Federal quarantine) and establish a voluntary nursery self-
certification program.
    This option would also reduce Federal resource requirements and may 
provide uniformity without Federal regulation. However, a voluntary 
self-certification program is not a mandatory program and could, 
therefore, result in less than 100 percent participation by producers.
    Comments on these, or any other options, are welcome during the 
public meetings.

Meeting Procedures/Registration

    A representative of APHIS will preside at each public meeting. Any 
interested person may appear and be heard in person, by attorney, or by 
another representative. Written statements may be submitted and will be 
made part of the meeting record. Persons who wish to speak at a meeting 
will be asked to provide their names and organizations. We ask that 
anyone who reads a statement or submits a written statement provide two 
copies to the presiding officer at the meeting.
    Registration for each public meeting will take place from 8:30 a.m. 
to 9 a.m. on the day of the meeting at the meeting room. Each public 
meeting will begin at 9 a.m. and is scheduled to end at 5 p.m., local 
time. However, any meeting may end at any time after it begins if all 
persons desiring to speak have been heard. If the number of speakers at 
a meeting warrants it, the presiding officer may limit the time for 
presentations so that everyone wishing to speak has the opportunity.

Written Comments

    If you cannot attend a public meeting, you may submit written 
comments on the issues raised in this notice. To submit written 
comments, please follow the instructions listed under the heading 
ADDRESSES near the beginning of this document.


[[Page 11283]]


    Done in Washington, DC, this 24th day of February 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-5053 Filed 3-1-00; 8:45 am]
BILLING CODE 3410-34-U