[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35831-35832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17018]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 360
[Docket No. 94-050-2]
Noxious Weeds; Deletions and Additions to List
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the noxious weed regulations by removing
Stratiotes aloides Linnaeus (water-aloe) from the list of aquatic weeds
and Euphorbia prunifolia Jacquin (painted euphorbia) from the list of
terrestrial weeds. We are also amending the noxious weed regulations by
adding Ottelia alismoides (L.) Pers. to the list of aquatic weeds and
Solanum viarum Dunal (tropical soda apple) to the list of terrestrial
weeds. Listed noxious weeds may be moved into or through the United
States only under a written permit and under conditions that would not
involve a danger of dissemination of the weeds. This action is
necessary to prevent the artificial spread of noxious weeds into
noninfested areas of the United States, and to remove unnecessary
restrictions.
EFFECTIVE DATE: August 11, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,
Biological Assessment and Taxonomic Support, PPQ, APHIS, Suite 4A03,
4700 River Road Unit 113, Riverdale, MD 20737-1236, (301) 734-4394.
SUPPLEMENTARY INFORMATION:
Background
The noxious weed regulations (referred to below as the regulations)
were promulgated under authority of the Federal Noxious Weed Act of
1974 (7 U.S.C. 2801 et seq., referred to below as the Act) and are set
forth in 7 CFR part 360. They contain restrictions on the movement of
listed noxious weeds into or through the United States, but do not
affect the movement of listed noxious weeds that are moved solely
intrastate.
A listed noxious weed may be moved into or through the United
States only pursuant to a written permit. The regulations provide that
the Animal and Plant Health Inspection Service (APHIS) will issue a
written permit only after determining that the importation and movement
of the noxious weed would not involve a danger of dissemination of the
noxious weed in the United States.
On March 23, 1995, we published in the Federal Register (60 FR
15260-15262, Docket No. 94-050-1) a proposal to amend Sec. 360.200 by
removing Stratiotes aloides Linnaeus (water-aloe) from the list of
aquatic weeds and Euphorbia prunifolia Jacquin (painted euphorbia) from
the list of terrestrial weeds. We also proposed to amend the noxious
weed regulations by adding Ottelia alismoides (L.) Pers. to the list of
aquatic weeds and Solanum viarum Dunal (tropical soda apple) to the
list of terrestrial weeds.
We held a public hearing on the proposed rule on April 4, 1995. No
one came to speak about the proposed rule. We also solicited written
comments concerning our proposal for 30 days ending April 24, 1995. We
received five comments by that date. They were from industry groups and
representatives of State and Federal governments. We carefully
considered all of the comments we received. They are discussed below.
All of the comments that we received were strongly in favor of
adding tropical soda apple to the list of terrestrial weeds. Two
commenters talked about how surveys conducted in Florida indicated that
the original infestation of this noxious weed has spread dramatically
and now poses a significant threat to other southern States. This
noxious weed has spread through more than 500,000 acres of pasture and
other land in Florida.
One commenter requested that APHIS consider setting aside funds to
foster Federal and State cooperative efforts in keeping with APHIS'
mission of excluding exotic plant pest species and enhancing trade
opportunities for States threatened by tropical soda apple.
As resources permit, APHIS will continue to work closely with the
weed research community, cooperators, and other interested parties to
develop appropriate tropical soda apple control methods.
One commenter was concerned that APHIS did not propose measures to
ensure the cleanliness of interstate shipments of cattle, manure, or
grass seed.
At this time, available research on tropical soda apple is limited
and inconclusive. Several efforts, such as ecological range studies and
determining natural and artificial means of spread, are underway to
determine the network of artificial and natural spread, but are not yet
completed. One of the main vectors responsible for the artificial
spread of tropical soda apple is cattle. APHIS, with the cooperation of
the Florida State Veterinarian, has examined copies of all the
certificates that accompanied the cattle moved interstate from Florida
during the past 2 years. These records revealed the points of
destination for the cattle shipments from Florida. These points of
destination are considered by APHIS to be at high risk for becoming
infested with tropical soda apple. These areas are being closely
monitored by both APHIS and the States. Any tropical soda apple plants
found will be destroyed. APHIS is aware of other avenues of artificial
spread and is also monitoring those areas at risk in lieu of
establishing quarantines.
Only one commenter was opposed to one of the additions to the list
of noxious weeds. This commenter stated that Ottelia alismoides (L.)
Pers. should not be added to the list of aquatic weeds. The commenter
said that in 1977, Otellia alismoides (L.) Pers. was collected in
California in an irrigation drainage ditch next to some rice fields,
but was never treated, and has never been known to be a problem in the
rice fields. This same commenter also asked that a weed already on the
list, Ipomea aquatica, be deleted from the list because it is grown
commercially in California.
APHIS recognizes that Otellia alismoides (L.) Pers. and Ipomea
aquatica are not problems in California, but they pose a threat to
Florida and other southern States. APHIS is taking
[[Page 35832]]
this action to reduce the risk that Ottelia alismoides (L.) Pers. and
Ipomea aquatica will be introduced into other States and become
established there.
One commenter suggested that APHIS add Solanum tampincensis to the
list of noxious weeds. The commenter stated that Solanum tampincensis
is a related species to tropical soda apple, but occupies much wetter
habitats.
APHIS would welcome specific information on this weed that would
help us to assess the pest risk potential of Solanum tampincensis and
decide if it should be added to the list of noxious weeds. Information
that APHIS needs in order to assess the risk posed by Solanum
tampincensis would be its current distribution within and outside the
United States, potential range within the United States (expressed, for
example, in plant hardiness zones), biology, dispersal potential,
potential economic and environmental impacts, and the source of any
information provided.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal 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
process required by Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed a Final
Regulatory Flexibility Analysis, set forth below, regarding the impact
of this rule on small entities.
In accordance with 7 U.S.C. 2803 and 2809, the Secretary of
Agriculture is authorized to promulgate regulations to prevent the
movement of any noxious weed into the United States, or interstate,
except under conditions prescribed by the Secretary.
This rule will add tropical soda apple to the list of terrestrial
noxious weeds. The reduction in usable acreage caused by the spread of
tropical soda apple poses a significant threat to the cattle industry
and to other agricultural entities. Tropical soda apple also poses a
threat to natural ecosystems. The weed is spreading into citrus groves,
vegetable farms, sugarcane production areas, and dairy farms.
Preventing further introductions and curtailing spread will have a
positive economic impact on ranchers and growers not yet affected.
With this rule, commodities offered for import found to be
contaminated with propagules of tropical soda apple will be cleaned,
treated, or reexported. This will have a minimal negative economic
impact on various importers. However, information regarding
importations of commodities contaminated with tropical soda apple is
not available, nor is the number of importers of such material.
This rule will also remove Euphorbia prunifolia Jacquin (painted
Euphorbia) from the list of terrestrial noxious weeds, and will
therefore remove restrictions on its importation and interstate
movement. From 1985 through 1993, 207 shipments of articles intended
for entry into the United States were found to contain Euphorbia,
possibly prunifolia.
This rule will also add Ottelia alismoides (L.) Pers. to the list
of aquatic noxious weeds, and will remove Stratiotes aloides Linnaeus
(water-aloe) from the list of aquatic noxious weeds. Data on the amount
of Ottelia alismoides (L.) Pers., if any, currently being imported into
the United States is unavailable. From 1985 through 1993, one shipment
of articles intended for entry into the United States was found to
contain Stratiotes aloides Linnaeus (water-aloe).
A listed noxious weed may be moved into or through the United
States only pursuant to a written permit. The regulations provide that
APHIS will issue a written permit only after determining that the
importation and movement of the noxious weed will not involve a danger
of dissemination of the noxious weed in the United States.
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 12778
This rule has been reviewed under Executive Order 12778, 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 Statement
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 360
Imports, Plants (Agriculture), Quarantine, Reporting and
recordkeeping requirements, Transportation, Weeds.
Accordingly, 7 CFR part 360 is amended as follows:
PART 360--NOXIOUS WEED REGULATIONS
1. The authority citation for part 360 continues to read as
follows:
Authority: 7 U.S.C. 2803 and 2809; 7 CFR 2.17, 2.51, and
371.2(c).
Sec. 360.200 [Amended]
2. Section 360.200 is amended as follows:
a. In paragraph (a), by removing ``Stratiotes aloides Linnaeus
(water-aloe)''.
b. In paragraph (a), by adding ``Ottelia alismoides (L.) Pers.''
immediately after ``Monochoria vaginalis (Burman f.) C. Presl''.
c. In paragraph (c), by removing ``Euphorbia prunifolia Jacquin
(painted euphorbia)''.
d. In paragraph (c), by adding ``Solanum viarum Dunal (tropical
soda apple)'' immediately after ``Solanum torvum Swartz
(turkeyberry)''.
Done in Washington, DC, this 3rd day of July 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant and Health Inspection Service.
[FR Doc. 95-17018 Filed 7-11-95; 8:45 am]
BILLING CODE 3410-34-P
