[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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  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:
0
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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