[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15257-15260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7133]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 /
Proposed Rules
[[Page 15257]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 201
[Docket No. 93-126-2]
Imported Seed
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule and notice of public hearing.
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SUMMARY: We are proposing to expand the list of noxious weed seeds
contained in Federal Seed Act regulations to include seeds of all of
the weeds listed in the Federal Noxious Weed Act regulations. This rule
would allow APHIS to prohibit the entry into the United States of any
imported agricultural or vegetable seed shipments containing seeds of
noxious weeds listed in the Federal Noxious Weed Act regulations. We
believe this action is necessary to prevent the introduction of noxious
weeds into the United States.
DATES: Consideration will be given only to comments received on or
before April 24, 1995. We also will consider comments made at a public
hearing to be held on April 4, 1995, from 9 a.m. until 12 noon.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 93-126-2, Animal and Plant Health Inspection Service, Policy
and Program Development, Regulatory Analysis and Development, 4700
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your
comments refer to Docket No. 93-126-2. Comments received may be
inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue SW, Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments are requested to call ahead on (202) 690-2817 to facilitate
entry into the comment reading room. The public hearing will be held on
April 4, 1995, in room 3A01, 4700 River Road, Riverdale, MD 20737-1228.
FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist, Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Biological Assessments And Taxonomic Support, 4700 River Road Unit 133,
Riverdale, MD 20737-1228, (301) 734-8896.
SUPPLEMENTARY INFORMATION:
Background
In 1939, Congress enacted the Federal Seed Act (FSA), directing the
U.S. Department of Agriculture (USDA), among other things, to regulate
foreign commerce in seeds in cooperation with the U.S. Department of
Treasury. 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 certain noxious weeds as
a condition of entry into the United States. On October 1, 1982, the
Agricultural Marketing Service (AMS) of the USDA transferred authority
for issuing and enforcing regulations under Title III of the FSA (7 CFR
201.39 through 201.47b, 201.66, and 201.101 through 201.230) to the
Animal and Plant Health Inspection Service (APHIS).
On September 15, 1994, we published an advance notice of proposed
rulemaking in the Federal Register (59 FR 47286-47287, Docket No. 93-
126-1) announcing our plans to revise the FSA regulations to reflect
amendments to the FSA, developments in the seed industry, and the
transfer of regulatory authority for Title III of the FSA from AMS to
APHIS. We also noted our intention to revise the list of noxious weed
seeds contained in the regulations promulgated under the FSA to include
seeds of all the noxious weeds listed in the regulations promulgated
under the Federal Noxious Weed Act.
We have decided to proceed separately with this proposal to revise
the list of noxious weeds contained in the regulations, for reasons
explained below. We are still reviewing comments concerning the other
issues raised in the advance notice, and plan to publish another
proposed rule at a later date. We also will hold a public hearing in
connection with that proposed rule.
We solicited comments on the advance notice of proposed rulemaking
for 45 days ending October 31, 1994. By that date we received 13
comments from seed companies and importers, State governments, and
universities. Four of those comments remarked on our plan to revise the
list of noxious weed seeds contained in the FSA regulations to include
seeds of all the noxious weeds listed in the Federal Noxious Weed Act
regulations. Two of these comments supported our actions and two raised
relevant questions. These questions are addressed below.
Under Sec. 201.108 of the FSA regulations, seeds of 11 types of
weeds are considered to be noxious when found in shipments of imported
agricultural or vegetable seeds. If seeds of these weeds are found in a
shipment of imported agricultural or vegetable seeds in amounts greater
than the tolerances listed in Sec. 201.66, APHIS prohibits the entry of
that shipment into the United States (except possibly for supervised
cleaning or repackaging for re-export). However, if seeds of noxious
weeds listed in the Federal Noxious Weed Act regulations are found in a
shipment of imported agricultural or vegetable seeds subject to the FSA
regulations, APHIS currently may not prohibit the entry of that
shipment into the United States based on such contamination. The
Federal Noxious Weed Act (7 U.S.C. 2801-2813) specifically provides
that it does not apply to shipments of seed subject to the FSA.
Shipments of agricultural and vegetable seeds are subject to the FSA.
This prohibition increases the chances that noxious weeds listed in
the Federal Noxious Weed Act regulations, but not in the FSA
regulations, may be introduced into the United States from contaminated
shipments of agricultural or vegetable seeds. In fact, since 1988,
APHIS has found noxious weeds listed in the Federal Noxious Weed Act
regulations in two shipments of imported agricultural and vegetable
seed. In 1988, APHIS discovered seed of the noxious weed serrated
tussock (Nassella trichotoma (Nees) Hackel ex Arechavaleta) in a
shipment of lawn grass seed imported from Argentina. More recently, in
September of 1994, APHIS discovered seed of the noxious weed goatsrue
(Galega officinalis L.) in a shipment of carrot seed imported from
Chile.
We are proposing, therefore, to expand the list of noxious weed
seeds contained in the FSA regulations to [[Page 15258]] include seeds
of all of the noxious weeds listed in the Federal Noxious Weed Act
regulations. As a result of this action, APHIS would have the authority
to prohibit the entry of shipments of imported agricultural and
vegetable seed containing seed of the noxious weeds currently listed in
the Federal Noxious Weed Act regulations. We have decided to proceed
with this proposal separately from other issues identified in the
advance notice of proposed rulemaking mentioned above due to the urgent
need to expand APHIS authority in this matter, as underscored by the
recent detection of seed of the noxious weed goatsrue in imported
carrot seed.
Tolerances
Under Sec. 201.66 of the FSA regulations, agricultural or vegetable
seed imports may enter the United States if they contain only small
amounts, or ``tolerances,'' of the noxious weed seeds specified in
Sec. 201.108. We propose to preserve these tolerances for the weed
seeds currently listed in Sec. 201.108, except for species of Cuscuta.
Currently, all species of Cuscuta are listed in Sec. 201.108 (with
tolerances) and several are also listed in the Federal Noxious Weed Act
regulations (without tolerances). Since many seeds of Cuscuta species
plants are indistinguishable from each other, we are proposing to
retain tolerances for none. Thus, we would reduce the risk that Cuscuta
species classified as noxious weeds under the Federal Noxious Weed Act
regulations would enter the United States in agricultural or vegetable
seeds. Also, we are proposing to establish no tolerances for the other
noxious weed seeds that are to be added to the FSA regulations from the
Federal Noxious Weed Act regulations. There are no tolerances for these
weeds under the Federal Noxious Weed Act regulations.
Also, we are proposing to add a new Sec. 201.108(b). This paragraph
would state that the allowable tolerance for certain noxious weed seeds
in import shipments of agricultural and vegetable seeds would be two
weed seeds in the minimum amount of seed required to be examined.
Shipments containing three or more noxious weed seeds may not be
imported into the United States. If two noxious weed seeds are found
during the initial examination, a second sample will be taken and
examined. If two or fewer noxious weed seeds are found in the second
examination, the shipment from which the seeds were drawn may be
imported into the United States. If three or more noxious weed seeds
are found in the second examination, the shipment may not be imported
into the United States.
Miscellaneous
We are proposing to revise the list of noxious weed seeds in the
FSA regulations by updating the taxonomical names of several of the
weeds listed. Specifically, concerning the three species of whitetop or
hoary cress currently listed in the regulations, Lepidium draba (L.)
and Lepidium repens (Schrenk) Boiss. would be redesignated as Cardaria
draba (L.) Desv., and Hymenophysa pubescens C. A. Mey. would be
redesignated as Cardaria pubescens (C. A. Mey.) Jarmol. These changes
will bring the list of noxious weed seeds under the FSA regulations
into accord with current botanical nomenclature. These changes would
not affect the Federal Noxious Weed Act regulations, as these seeds are
not listed under those regulations.
Comments on the Advance Notice of Proposed Rulemaking
As stated above, of the 13 comments we received on the advance
notice of proposed rulemaking, four remarked on our plan to revise the
list of noxious weeds in the FSA regulations. Two of the comments
supported our plan. The other two raised the following questions.
One comment, from a State government, inquired as to whether APHIS
would consider adding seeds of weeds appearing on State noxious weed
lists to the list of noxious weeds in the FSA regulations. We would
consider adding a weed to the noxious weed list in the FSA regulations
(as well as the noxious weed list in the Federal Noxious Weed Act
regulations) upon receipt and review of information regarding that
weed.
The other comment, from a trade association, encouraged APHIS to
undertake a thorough scientific review of the list of noxious weeds in
the FSA regulations to confirm its scientific basis and applicability
to today's trade. We welcome for review any information indicating a
need to revise the list of noxious weeds in the FSA regulations (or the
Federal Noxious Weed Act regulations).
Public Hearing
As required by 7 U.S.C. 1592(c), APHIS will host a public hearing
to provide interested persons a full opportunity to present their views
regarding this proposal. At this public hearing, we will also consider
comments on a proposed rule to amend the Federal Noxious Weed Act
regulations. (See APHIS Docket No. 94-050-1, published in the Proposed
Rules Section of this issue of the Federal Register). The hearing will
be held on April 4, 1995, in room 3A01, 4700 River Road, Riverdale, MD
20737-1228.
A representative of APHIS will preside at the public hearing. Any
interested person may appear and be heard in person, by attorney, or by
other representative. Persons who wish to speak at the public hearing
will be asked to sign in, listing their names and organizations.
The public hearing will begin at 9 a.m. local time and is scheduled
to end at 12 noon local time. However, the hearing may be terminated at
any time after it begins if all persons desiring to speak have been
heard. We ask that anyone who reads a statement provide two copies to
the presiding officer at the hearing. If the number of speakers at the
hearing warrants it, the presiding officer may limit the time for each
presentation so that everyone wishing to speak has the opportunity.
The purpose of the hearing is to give interested persons an
opportunity for oral presentations of data, views, and arguments.
Questions about the content of the proposed rules may be part of the
commenters' oral presentations. However, neither the presiding officer
nor any other representative of APHIS will respond to comments at the
hearing, except to clarify or explain provisions of the proposed rules.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to expand the list of noxious weed seeds contained
in FSA regulations by including the seeds of all weeds listed in
Federal Noxious Weed Act regulations. Currently APHIS can prohibit the
entry of shipments of imported agricultural or vegetable seeds
contaminated with noxious weed seeds listed in the FSA regulations, but
not shipments which contain weed seeds listed only in the Federal
Noxious Weed Act regulations. The change would authorize APHIS to
prohibit the entry of any agricultural or vegetable seed shipments
containing noxious weed seeds listed in the Federal Noxious Weed Act
regulations.
The weeds already established in the United States pose serious
threats to the U.S. supplies of food and fiber, causing losses in both
yield and quality of crops. As a result of increased weed
[[Page 15259]] competition, yields decline, production decreases,
exports decrease, and prices of commodities increase. Weed management
has a major influence on the production decisions made by agricultural
producers. The use of additional land, livestock, labor, equipment and
fuel, herbicides, insecticides and fungicides, fertilizers, and
irrigation water may all be required in order to maintain economical
commodity production when weeds are present.
Between 1989 and 1991, weeds in crops and forage cost producers
using herbicides about $4.1 billion annually and cost producers unable
to use herbicides about $19.6 billion annually. (These estimates
represent the upper limits of costs related to weeds.) Although such
losses varied between crops and regions, we estimate yield reduction to
have been between 10 and 20 percent. Furthermore, certain weeds in
pasture lands not only reduce production and availability but also
poison livestock. Livestock losses related to weeds are estimated at
about 3 to 5 percent annually.
Many of the nonindigenous weed species listed in the Federal
Noxious Weed Act regulations attack important farm crops in their
native lands. Among farm products attacked by such weeds are corn,
wheat, sorghum, tobacco, tomatoes, sugarcane, potatoes, grapes,
sunflowers, rice, carrots, and pasture grasses. These crops generate an
annual income of approximately $50 billion in the United States.
Additionally, these agricultural commodities account for about an
estimated $19 billion in U.S. exports. Therefore, even if yield losses
related to new weeds were much less than the average loss related to
established weeds (10 to 20 percent), the economic impact related to
their introduction would be substantial.
Very few agricultural and vegetable seed shipments have been found
to be contaminated with seeds of weeds listed in the Federal Noxious
Weed Act regulations. The recent interception of goatsrue seeds in a
carrot seed shipment from Chile was the first case of a noxious weed
listed in the Federal Noxious Weed Act regulations, but not under the
FSA regulations, being found in an agricultural or vegetable seed
shipment since serrated tussock seed was found in a lawn grass seed
shipment 6 years ago.
Goatsrue is a perennial weed that competes with and reduces yields
of forage plants in moist or irrigated pastures, grassland, marshy
areas, river banks, and along roadsides. The cost of eradicating
goatsrue already introduced has been substantial to the agency. Since
the eradication program began in 1981, the agency has appropriated
about $1.7 million to the ongoing effort.
Although we could not prohibit the entry of the imported carrot
seed based on its contamination with goatsrue seed, the importer agreed
not to distribute the seed in the United States. However, had we had
the authority to prohibit the entry of the shipment based on its
contamination with goatsrue, and had the importer subsequently
destroyed the contaminated seed, we estimate he would have incurred a
loss of about $24,000. This sort of loss is insubstantial compared with
the potential agricultural costs and production losses that could
result from the introduction of a noxious weed.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
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 201
Advertising, Agricultural commodities, Imports, Labeling, Reporting
and recordkeeping requirements, Seeds, Vegetables.
Accordingly, 7 CFR part 201 would be amended as follows:
PART 201--FEDERAL SEED ACT REGULATIONS
1. The authority citation for part 201 would continue to read as
follows:
Authority: 7 U.S.C. 1592.
Sec. 201.66 [Removed and reserved]
2. Section 201.66 would be removed and reserved.
3. Section 201.108 would be revised to read as follows:
Sec. 201.108 Noxious weed seeds.
(a) Seeds of the following plants shall be considered noxious weed
seeds.
\1\Acroptilon repens (L.) DC. (=Centaurea repens L.) (=Centaurea
picris)
Aeginetia spp.
Ageratina adenophora (Sprengel) King & Robinson
Alectra spp.
Alternanthera sessilis (L.) R. Brown ex de Candolle
Asphodelus fistulosus L.
Avena sterilis L. (including Avena ludoviciana Durieu)
Azolla pinnata R. Brown
Borreria alata (Aublet) de Candolle
1Cardaria draba (L.) Desv.
1Cardaria pubescens (C. A. Mey.) Jarmol.
Carthamus oxycantha M. Bieberstein
1Convolvulus arvensis L.
Chrysopogon aciculatus (Retzius) Trinius
1Cirsium arvense (L.) Scop.
Commelina benghalensis L.
Crupina vulgaris Cassini
Cuscuta spp.
Digitaria abyssinica (=D. scalarum)
Digitaria velutina (Forsskal) Palisot de Beauvois
Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes
Eichhornia azurea (Swartz) Kunth
1Elytrigia repens (L.) Desv. (=Agropyron repens (L.) Beauv.)
Emex australis Steinheil
Emex spinosa (L.) Campdera
1Euphorbia esula L.
Galega officinalis L.
Heracleum mantegazzianum Sommier & Levier
Hydrilla verticillata (Linnaeus f.) Royle
Hygrophila polysperma T. Anderson
Imperata brasiliensis Trinius
Imperata cylindrica (L.) Raeuschel
Ipomoea aquatica Forsskal
Ipomoea triloba L.
Ischaemum rugosum Salisbury
Lagarosiphon major (Ridley) Moss
Leptochloa chinensis (L.) Nees
Limnophila sessiliflora (Vahl) Blume
Lycium ferocissimum Miers
Melaleuca quinquenervia (Cav.) Blake
Melastoma malabathricum L.
Mikania cordata (Burman f.) B. L. Robinson
Mikania micrantha Humboldt, Bonpland, & Kunth
Mimosa invisa Martius
Mimosa pigra L. var. pigra
Monochoria hastata (L.) Solms-Laubach
Monochoria vaginalis (Burman f.) C. Presl
Nassella trichotoma (Nees) Hackel ex Arechavaleta
Opuntia aurantiaca Lindley
Orobanche spp.
Oryza longistaminata A. Chevalier & Roehrich
Oryza punctata Kotschy ex Steudel
Oryza rufipogon Griffith
Ottelia alismoides (L.) Pers.
Paspalum scrobiculatum L.
Pennisetum clandestinum Hochstetter ex Chiovenda
Pennisetum macrourum Trinius
Pennisetum pedicellatum Trinius
Pennisetum polystachion (L.) Schultes
Prosopis alapataco R. A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis burkartii Munoz
Prosopis caldenia Burkart [[Page 15260]]
Prosopis calingastana Burkart
Prosopis campestris Grisebach
Prospis castellanosii Burkart
Prosopis denudans Bentham
Prosopis elata (Burkart) Burkart
Prosopis farcta (Solander ex Russell) Macbride
Prosopis ferox Grisebach
Prosopis fiebrigii Harms
Prosopis hassleri Harms
Prosopis humilis Gillies ex Hooker & Arnott
Prosopis kuntzei Harms
Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt,
Bonpland, & Kunth
Prosopis palmeri S. Watson
Prosopis reptans Bentham var. reptans
Prosopis rojasiana Burkart
Prosopis ruizlealii Burkart
Prosopis ruscifolia Grisebach
Prosopis sericantha Gillies ex Hooker & Arnott
Prosopis strombulifera (Lamarck) Bentham
Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle
Rottboellia cochinchinensis (Lour.) Clayon (=R. exaltata (L.) L. f.)
Rubus fruticosus L. (complex)
Rubus moluccanus L.
Saccharum spontaneum L.
Sagittaria sagittifolia L.
Salsola vermiculata L.
Salvinia auriculata Aublet
Salvinia biloba Raddi
Salvinia herzogii de la Sota
Salvinia molesta D.S. Mitchell
Setaria pallide-fusca (Schumacher) Stapf & Hubbard
Solanum torvum Swartz
Solanum viarum Dunal
\1\Sonchus arvensis L.
\1\Sorghum halepense (L.) Pers.
Sparganium erectum L.
Striga spp.
Tridax procumbens L.
Urochloa panicoides Beauvois
1Seeds with tolerances applicable to their prohibition.
(b) The tolerance applicable to the prohibition of the noxious weed
seeds marked above with (1) shall be two seeds in the minimum
amount required to be examined as shown in Table 1, Sec. 201.46. If
fewer than two seeds are found in an initial examination, the
shipment from which the sample was drawn may be imported. If two
seeds are found in an initial examination, a second sample must be
examined. If two or fewer seeds are found in the second examination,
the shipment from which the samples were drawn may be imported. If
three or more seeds are found in the second examination, the
shipment from which the samples were drawn may not be imported. If
three or more seeds are found in an initial examination, the
shipment from which the sample was drawn may not be imported.
Done in Washington, DC, this 15th day of March 1995.
Terry Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-7133 Filed 3-22-95; 8:45 am]
BILLING CODE 3410-34-P
