[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]



=======================================================================
-----------------------------------------------------------------------



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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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