[Federal Register Volume 64, Number 50 (Tuesday, March 16, 1999)]
[Rules and Regulations]
[Pages 12881-12884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6344]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 360 and 361
[Docket No. 98-063-2]
Noxious Weeds; Update of Weed Lists
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the noxious weeds regulations by adding
Solanum tampicense Dunal (wetland nightshade) and Caulerpa taxifolia
(Mediterranean clone) to the list of aquatic weeds and removing Ipomoea
triloba Linnaeus from the list of terrestrial weeds. We are also
updating the taxonomic names of two other weeds currently listed and
making one editorial change to the regulations. These actions are
necessary to prevent the artificial spread of noxious weeds into
noninfested areas of
[[Page 12882]]
the United States, to remove unnecessary restrictions, and to make the
regulations easier to understand.
EFFECTIVE DATE: April 15, 1999.
FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,
Biological Assessment and Taxonomic Support, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1236, (301) 734-8896.
SUPPLEMENTARY INFORMATION:
Background
The noxious weed regulations were promulgated under authority of
the Federal Noxious Weed Act (FNWA) of 1974, as amended (7 U.S.C. 2801
et seq.), 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.
Under the authority of the Federal Seed Act (FSA) of 1939, as
amended (7 U.S.C. 1551 et seq.), the U.S. Department of Agriculture
(USDA) regulates the importation and interstate movement of certain
agricultural and vegetable seeds and screenings. Title III of the FSA,
``Foreign Commerce,'' requires shipments of imported agricultural and
vegetable seeds to be labeled correctly and to be tested for the
presence of the seeds of certain noxious weeds as a condition of entry
into the United States. The Animal and Plant Health Inspection
Service's (APHIS') regulations implementing the provisions of Title III
of FSA are found in 7 CFR part 361. A list of noxious weed seeds is
contained in Sec. 361.6. Paragraph (a)(1) of Sec. 361.6 lists species
of noxious weeds whose seeds have no tolerances applicable to their
introduction into the United States.
On December 4, 1998, we published in the Federal Register (63 FR
67011-67014, Docket No. 98-063-1) a proposal to amend the noxious weed
regulations by adding two weeds to the list of aquatic weeds in
Sec. 360.200(a), removing another weed from the list of terrestrial
weeds in Sec. 360.200(c), and updating the taxonomy of two other
currently listed weeds. Also, since the FSA regulations in
Sec. 361.6(a) support the noxious weed regulations by prohibiting or
restricting the importation of the seeds of noxious weeds listed in
Sec. 360.200, we proposed to amend the noxious weed seed list in
Sec. 361.6(a) accordingly.
We held a public hearing on the proposed rule on January 6, 1999.
No one came to speak about the proposed rule. We also solicited
comments concerning our proposal for 60 days ending February 2, 1999.
We received six comments by that date. They were from representatives
of State governments and members of the scientific community. We
carefully considered all of the comments we received. They are
discussed below.
Caulerpa taxifolia
All six of the comments that we received were strongly in favor of
adding Caulerpa taxifolia (Mediterranean clone) to the list of aquatic
weeds.
One commenter stated that it may be difficult to distinguish the
Mediterranean clone of C. taxifolia from other strains of C. taxifolia,
and thus, in order to effectively implement our proposal to prohibit
the importation of C. taxifolia (Mediterranean clone), all strains of
C. taxifolia, and possibly other species of Caulerpa, or even the whole
genus, should be listed as Federal noxious weeds.
We agree that there may be some difficulty distinguishing between
the Mediterranean clone and noninvasive strains of C. taxifolia;
however, we believe that listing other, noninvasive strains of C.
taxifolia would create unnecessarily rigid trade restrictions. We
believe that listing only the Mediterranean clone of C. taxifolia, as
proposed, is sufficient to protect against the introduction of the weed
into United States. APHIS personnel will be instructed to refuse
shipments that contain what appears to be C. taxifolia of any variety
if it originates or passes through areas where the Mediterranean clone
is established or thought to be established. We believe these measures
to be sufficient to protect against the introduction of C. taxifolia
(Mediterranean clone). Therefore, we are not making any changes in
response to this comment.
Revision of the Weed List
Three commenters suggested that instead of listing weeds that are
prohibited from being imported into the United States, APHIS should
develop a list of plant species that are allowed to be imported into
the United States. Under the commenters' suggestion, all plants of
foreign origin would be prohibited from entering into the United States
unless scientific evidence showed that the importation of such plants
presented little or no risk of endangering U.S. agriculture, fish and
wildlife, or the public health.
The Federal noxious weed list was created under the authority of
the Federal Noxious Weed Act (FNWA) of 1974, as amended (7 U.S.C. 2801
et seq.). We are unable to propose or make changes to the weed list as
suggested by the commenters because we have no authority to do so under
the FNWA. The FNWA provides APHIS with the authority to identify
noxious weeds and regulate their importation into the United States.
The FNWA does not give APHIS the authority to prohibit the importation
of all non-native plant species pending judgment that individual
species pose no risk to U.S. agriculture, fish and wildlife, or the
public health.
Ipomoea triloba
One commenter stated that Ipomoea triloba should not be removed
from the list of terrestrial weeds because, according to an expert on
I. triloba, the species has greatly expanded its range within the past
5 years within Florida. The commenter further stated that it is
possible that new genetic strains of the species have been introduced
into Florida, and that these new strains, which may be of foreign
origin, have out-competed the native species, and have spread beyond
the range of the native species.
We are not making any changes in response to this comment because
we have no scientific data available to distinguish between native and
foreign strains of I. triloba. Under current law, we have no authority
to regulate native weed species. When taxonomists can distinguish non-
native genetic strains of I. triloba from native strains of I. triloba,
we will consider listing the non-native strains as Federal noxious
weeds.
Therefore, for the reasons given in the proposed rule and in this
document, 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
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.
Addition of S. tampicense and C. taxifolia (Mediterranean clone)
This rule will add Solanum tampicense (wetland nightshade) to the
list of Federal noxious weeds. S.
[[Page 12883]]
tampicense will grow as a perennial only in areas free of frost, and is
therefore a threat to southern Florida and areas of the country with a
climate similar to that of southern Florida. S. tampicense is currently
established in five counties in southwestern Florida and could have
economic consequences for livestock producers in those areas. Its
prickly growth may inhibit access by livestock to wetland areas, a
potentially serious dry-season problem.
The majority of cattle operations in the counties harboring
existing populations of S. tampicense are small entities. The extent to
which they would be adversely affected by the continued spread of S.
tampicense is not known. Preventing further introductions and
curtailing spread would have a positive economic impact on livestock
producers not yet affected.
The unchecked spread of S. tampicense could also have a negative
effect on natural ecosystems. Although the extent to which S.
tampicense could displace other natural species is not known, the weed
could have harmful effects on natural vegetation and wildlife due to
the proximity of Everglades National Park to the currently affected
areas. In responding to the potential harm caused by S. tampicense to
natural ecosystems, one or more small organizations or governmental
jurisdictions in affected areas could incur control costs if the weed
were to spread. Although the size and magnitude of such potential costs
are not known, it is clear that this rule will help to ensure that the
costs would be minimized.
This rule will also add Caulerpa taxifolia (Mediterranean clone) to
the list of aquatic noxious weeds. We believe that some importers may
currently be importing C. taxifolia (Mediterranean clone) into the
United States for use in public and private aquariums, but data on the
amount of C. taxifolia (Mediterranean clone), if any, currently being
imported into the United States is unavailable. The unchecked spread of
C. taxifolia (Mediterranean clone) into the United States could,
however, have a negative effect on natural ecosystems, given its
significant negative effects on the regions in the Mediterranean where
it is already established. In responding to the potential harm caused
by C. taxifolia (Mediterranean clone) to natural ecosystems, one or
more organizations or governmental jurisdictions in affected areas
could incur control costs if the weed were to be introduced into the
environment. Although the size and magnitude of such potential costs
are not known, it is clear that this rule will help to prevent the need
for such expenditures.
We therefore believe that adding S. tampicense and C. taxifolia
(Mediterranean clone) to the list of Federal noxious weeds will help
preclude potential economic and ecological consequences that could
result from their spread.
Removal of Ipomoea triloba
We are removing Ipomoea triloba (little bell, aiea morning glory)
from the list of Federal noxious weeds because it has been determined
that I. triloba is a species native to Florida. Native species are not
within the scope of the FNWA, and we therefore have no authority to
continue to regulate I. triloba. The delisting of I. triloba could have
a slightly positive economic effect on importers of agricultural and
vegetable seed, whose shipments would no longer be delayed or refused
at the port of entry due to contamination with I. triloba.
Alternatives Considered
The only significant alternative to this rule was to make no
changes in the regulations, i.e., to not add S. tampicense and C.
taxifolia (Mediterranean clone) to the list of Federal noxious weeds
and to retain I. triloba on that list. We rejected the alternative of
not listing S. tampicense and C. taxifolia (Mediterranean clone) as
Federal noxious weeds because of the potential economic and ecological
consequences that we believe will result from their spread. We also
rejected the alternative of retaining I. triloba on the list of Federal
noxious weeds because it has been determined that I. triloba is a
species native to Florida. Native species are not within the scope of
the FNWA, and we therefore have no authority to regulate I. triloba as
a Federal noxious weed.
This final rule contains no new information collection or
recordkeeping requirements.
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 rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
7 CFR Part 360
Imports, Plants (Agriculture), Quarantine, Reporting and
recordkeeping requirements, Transportation, Weeds.
7 CFR Part 361
Agricultural commodities, Imports, Labeling, Quarantine, Reporting
and recordkeeping requirements, Seeds, Vegetables, Weeds.
Accordingly, we are amending 7 CFR parts 360 and 361 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 2.22, 2.80, and
371.2(c).
Sec. 360.200 [Amended]
2. Section Sec. 360.200 is amended as follows:
a. In paragraph (a), the paragraph heading is revised to read
``Aquatic and wetland weeds.''
b. In paragraph (a), the list of noxious weeds is amended by
adding, in alphabetical order, entries for ``Caulerpa taxifolia
(Mediterranean clone)'' and ``Solanum tampicense Dunal (wetland
nightshade)''.
c. In paragraph (c), the list of noxious weeds is amended by
removing the entries for ``Borreria alata (Aublet) de Candolle'',
``Ipomoea triloba Linnaeus (little bell, aiea morning glory)'', and
``Rottboellia exaltata Linnaeus f.(itchgrass, raoulgrass)'', and by
adding, in alphabetical order, entries for ``Rottboellia
cochinchinensis (Lour.) W. Clayton'' and ``Spermacoce alata (Aublet) de
Candolle''.
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT
3. The authority citation for part 361 continues to read as
follows:
Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 361.6 [Amended]
4. In Sec. 361.6, paragraph (a)(1), the list of noxious weeds is
amended as follows:
[[Page 12884]]
a. The entries for ``Borreria alata (Aublet) de Candolle'' and
``Ipomoea triloba L.'' are removed.
b. The entry for ``Rottboellia cochinchinensis Clayon (``=R.
exaltata (L.)L. f.)'' is amended by removing the words ``Clayon (=R.
exaltata (L.)L. f.)'' and adding the words ``W. Clayton'' in their
place.
c. New entries for ``Caulerpa taxifolia (Mediterranean clone)'',
``Solanum tampicense Dunal (wetland nightshade)'', and ``Spermacoce
alata (Aublet) de Candolle'' are added in alphabetical order.
Done in Washington, DC, this 11th day of March 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-6344 Filed 3-15-99; 8:45 am]
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