[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35829-35831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17017]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 60, No. 133 / Wednesday, July 12, 1995 /
Rules and Regulations
[[Page 35829]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 201
[Docket No. 93-126-3]
Imported Seed
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Federal Seed Act regulations by expanding
the list of noxious weed seeds to include seeds of all of the weeds
listed in the Federal Noxious Weed Act regulations. This rule will
allow APHIS to prohibit the entry into the United States of any
imported agricultural or vegetable seed shipment containing seeds of
any noxious weed listed in the Federal Noxious Weed Act regulations.
This action is necessary to prevent the introduction of noxious weeds
into the United States.
EFFECTIVE DATE: August 11, 1995.
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
In 1939, Congress enacted the Federal Seed Act (FSA), directing the
U.S. Department of Agriculture (USDA) to, among other things, regulate
foreign commerce in seeds in cooperation with the U.S. Department of
the 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 the seeds of certain
noxious weeds as a condition of entry into the United States. Since
October 1, 1982, the Animal and Plant Health Inspection Service (APHIS)
has had 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); that authority had been held by the USDA's Agricultural
Marketing Service prior to October 1982.
On March 23, 1995, we published in the Federal Register (60 FR
15257-15260, Docket No. 93-126-2) a proposal to amend the FSA
regulations by: (1) Expanding the list of noxious weed seeds to include
seeds of all of the weeds listed in the Federal Noxious Weed Act (FNWA)
regulations; (2) modifying existing tolerances for certain weed seeds
in imported shipments of agricultural and vegetable seeds; and (3)
updating the taxonomic names of several weeds listed in the FSA
regulations. We also announced that we would be hosting a public
hearing on April 4, 1995, to provide interested persons with an
opportunity to present their views regarding the proposed rule.
We solicited comments concerning our proposal for 30 days ending
April 24, 1995. We received five comments by that date. The April 4,
1995, hearing was held as scheduled, but no members of the public
attended to present comments. The five written comments we received
were from four State agriculture agencies and a university. Four
commenters fully supported the proposed rule. The fifth commenter also
supported our proposal to expand the list of noxious weed seeds in the
FSA regulations to include seeds of all of the weeds listed in the FNWA
regulations, but he questioned whether two particular plants should be
included in the list of weeds in the FNWA regulations and,
consequently, on the list of noxious weed seeds in the FSA regulations.
We have included a discussion of the commenter's position regarding the
two plants and APHIS' response in a companion final rule, ``Noxious
Weeds; Deletions and Additions to List,'' APHIS Docket No. 94-050-2,
published elsewhere in the Rules and Regulations section of this issue
of the Federal Register. We have, however, made no change in this final
rule based on that comment because no change was made to the list of
noxious weeds in the FNWA regulations.
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.
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.
We are expanding the list of noxious weed seeds contained in FSA
regulations by including the seeds of all weeds listed in FNWA
regulations. The rule will allow APHIS to prohibit the entry of any
agricultural or vegetable seed shipments containing noxious weed seeds
listed in the FNWA 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 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 FNWA
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,
[[Page 35830]]
carrots, and pasture grasses. Those crops generate an annual income of
approximately $50 billion in the United States and 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 FNWA 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 FNWA
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, riverbanks, and along roadsides. The cost of eradicating
goatsrue already introduced has been substantial to APHIS; since the
eradication program began in 1981, APHIS 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 that the importer would
have incurred a loss of about $24,000. That 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 will
not have a significant economic impact on a substantial number of small
entities.
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
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 is amended as follows:
PART 201--FEDERAL SEED ACT REGULATIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 7 U.S.C. 1592.
Sec. 201.66 [Removed and reserved]
2. Section 201.66 is removed and reserved.
3. Section 201.105 is revised to read as follows:
Sec. 201.105 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
\1\ Cardaria draba (L.) Desv.
\1\ Cardaria pubescens (C. A. Mey.) Jarmol.
Carthamus oxycantha M. Bieberstein
Chrysopogon aciculatus (Retzius) Trinius
\1\ Cirsium arvense (L.) Scop.
Commelina benghalensis L.
\1\ Convolvulus arvensis 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
\1\ Elytrigia repens (L.) Desv. (=Agropyron repens (L.) Beauv.)
Emex australis Steinheil
Emex spinosa (L.) Campdera
\1\ Euphorbia 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
Prosopis calingastana Burkart
Prosopis campestris Grisebach
Prosopis 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.
[[Page 35831]]
Sparganium erectum L.
Striga spp.
Tridax procumbens L.
Urochloa panicoides Beauvois
\1\ Seeds with tolerances applicable to their introduction.
(b) The tolerance applicable to the prohibition of the noxious weed
seeds in paragraph (a) of this section marked 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 3rd day of July 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-17017 Filed 7-11-95; 8:45 am]
BILLING CODE 3410-34-P
