[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
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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]
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