[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15260-15262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7135]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 360
[Docket No. 94-050-1]
Noxious Weeds; Deletions and Additions to List
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 amend 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 proposing 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. 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 appears to be necessary to prevent the artificial
spread of noxious weeds into noninfested areas of the United States,
and to remove unnecessary restrictions.
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.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-050-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20727-1238. Please
state that your comments refer to Docket No. 94-050-1. 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 in room 3A01, 4700 River Road, Riverdale, MD 20737-1228.
FOR FURTHER INFORMATION CONTACT: Ms. Polly Lethonen, Botanist,
Biological Assessment and Taxonomic Support, PPQ, APHIS, Suite 4A03,
4700 River Road Unit 113, Riverdale, MD 20737-1236, (301) 734-8896.
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
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.
Section 360.200 of the regulations lists these categories of
noxious weeds: aquatic (Sec. 360.200(a)), parasitic (Sec. 360.200(b)),
and terrestrial (Sec. 360.200(c)). This document proposes to delete
Stratiotes aloides Linnaeus (water-aloe) from the list of aquatic weeds
and Euphorbia prunifolia Jacquin (painted euphorbia) from the list of
terrestrial weeds. This document also proposes to add Ottelia
alismoides (L.) Pers. to the list of aquatic weeds and Solanum viarum
Dunal (tropical soda apple) to the list of terrestrial weeds.
The Act (7 U.S.C. 2802(c)) defines a noxious weed as ``any living
stage (including but not limited to, seeds and reproductive parts) of
any parasitic or other plant of a kind, or subdivision of a kind, which
is of foreign origin, is new to or not widely prevalent in the United
States, and can directly or indirectly injure crops, other useful
plants, livestock, or poultry or other interests of agriculture,
including irrigation, or navigation or the fish or wildlife resources
of the United States or the public health.''
First reported in Florida in 1988, Solanum viarum Dunal (tropical
soda apple) has spread rapidly in Florida and appears to be a noxious
weed, as defined in the Act. It is of foreign origin, not widely
prevalent in the United States, and can directly or indirectly injure
crops, other useful plants, livestock, or other interests of
agriculture. Tropical soda apple poses a significant threat to the
cattle industry, agricultural areas, and natural ecosystems of the
southern United States. The Weed Science Society of America and the
National Association of Exotic Plant Pest Councils support the listing
of tropical soda apple under the Federal Noxious Weed Act, as does the
pest risk assessment completed by the Animal and Plant Health
Inspection [[Page 15261]] Service in April, 1994.1 Listing this
species will help avert further introductions and prevent the
artificial spread of the weed into noninfested areas of the United
States. Therefore, we are proposing to amend Sec. 360.200(c) by adding
Solanum viarum Dunal (tropical soda apple) to the list of terrestrial
weeds under the noxious weed regulations.
\1\A copy of the pest risk assessment is available for
inspection in the comment reading room (see ADDRESSES) or may be
obtained from the individual listed under FOR FURTHER INFORMATION
CONTACT.
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The regulations also list Stratiotes aloides Linnaeus (water-aloe)
as an aquatic noxious weed. This is an error. That species is not
considered a noxious weed anywhere in its range. The correct listing
should have been Stratiotes alismoides L. (duck-lettuce), which has
been renamed as Ottelia alismoides (L.) Pers. We consider Ottelia
alismoides (L.) Pers. to be a noxious weed because it is of foreign
origin, is new to or not widely prevalent in the United States, and is
directly or indirectly injurious to agricultural interests because it
forms dense colonies along ditchbanks and irrigation canals that impede
water flow. It is also a potentially serious weed of rice fields and
slow moving or still bodies of water. Therefore, we are proposing to
amend 7 CFR 360.200(a) by removing Stratiotes aloides Linnaeus (water-
aloe) and adding Ottelia alismoides (L.) Pers. to the list of aquatic
weeds.
Euphorbia prunifolia Jacquin (painted euphorbia), now listed in the
regulations as a terrestrial weed, is considered to be synonymous with
Euphorbia heterophylla,2 a species native to North America, and
widespread in the United States. Consequently, Euphorbia prunifolia
Jacquin (painted euphorbia) no longer appears to meet the definition of
a noxious weed under the Act. Therefore, we are proposing to amend
Sec. 360.200(c) by removing Euphorbia prunifolia Jacquin (painted
euphorbia).
\2\The Agriculture Research Service Germplasm Resource
Information Network (GRIN) database, and other sources. For
additional information, contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
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Public Hearing
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 Seed Act regulations. (See APHIS Docket No. 93-
126-2, published in the Proposed Rule 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 p.m. 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 a
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 hearings 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 a
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.
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 an Initial
Regulatory Flexibility Analysis, set forth below, regarding the impact
of this proposed rule on small entities. We do not currently have all
the data necessary for a comprehensive analysis of the economic effects
of this rule on small entities. Therefore, we are inviting comments
concerning potential economic impacts. In particular, we are interested
in determining the number and kinds of small entities that may incur
benefits or costs from implementation of this proposed rule.
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 proposed rule would add Solanum viarum Dunal (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 would have a positive economic
impact on ranchers and growers not yet affected.
If this proposed rule is adopted, commodities offered for import
found to be contaminated with propagules of tropical soda apple will
have to be cleaned, treated, or reexported. This could have a 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. We
expect that the economic impact on importers would be minimal as a
result of this proposed rule change.
This proposed rule would also remove Euphorbia prunifolia Jacquin
(painted Euphorbia) from the list of terrestrial noxious weeds, and
would 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 proposed rule would also add Ottelia alismoides (L.) Pers. to
the list of aquatic noxious weeds, and would 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 water-aloe.
This proposed rule contains paperwork and recordkeeping
requirements. 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 would 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.)
[[Page 15262]]
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 proposed 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, Transportation, Weeds.
Accordingly, 7 CFR part 360 would be amended as follows:
PART 360--NOXIOUS WEED REGULATIONS
1. The authority citation for part 360 would continue 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 would be 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 15th day of March 1995.
Terry Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-7135 Filed 3-22-95; 8:45 am]
BILLING CODE 3410-34-P
