[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Rules and Regulations]
[Pages 35378-35381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9665]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 360 and 361

[Docket No. APHIS-2006-0019]


Noxious Weeds; South African Ragwort and Madagascar Ragwort

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the noxious weed and imported seed regulations 
by adding South African ragwort (Senecio inaequidens DC.) and 
Madagascar ragwort (Senecio madagascariensis Poir.) to the list of 
terrestrial noxious weeds and to the list of seeds with no tolerances 
applicable to their introduction. This action is necessary to prevent 
the artificial spread of these noxious weeds into the United States.

DATES: This interim rule is effective June 14, 2006. We will consider 
all comments that we receive on or before August 21, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www/
regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0019 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0019, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0019.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Alan V. Tasker, Noxious Weeds 
Program Coordinator, Invasive Species and Pest Management, PPQ, APHIS, 
4700 River Road Unit 134, Riverdale, MD 20737-1237; (301) 734-5225.

SUPPLEMENTARY INFORMATION:

Background

    The Plant Protection Act (PPA, 7 U.S.C. 7701 et seq.) authorizes 
the Secretary of Agriculture to prohibit or restrict the importation, 
entry, exportation, or movement in interstate commerce of any plant, 
plant product, biological control organism, noxious weed, article, or 
means of conveyance if the Secretary determines that the prohibition or 
restriction is necessary to prevent the introduction of a plant pest or 
noxious weed into the United States or the dissemination of a plant 
pest or noxious weed within the United States.
    The PPA defines ``noxious weed'' as ``any plant or plant product 
that can directly or indirectly injure or cause damage to crops 
(including nursery stock or plant products), livestock, poultry or 
other interests of agriculture, irrigation, navigation, the natural 
resources of the United States, the public health, or the 
environment.'' The PPA also provides that the Secretary may publish, by 
regulation, a list of noxious weeds that are prohibited or restricted 
from entering the United States or that are subject to restrictions on 
interstate movement within the United States. Under this authority, the 
Animal and Plant Health Inspection Service (APHIS) administers the 
noxious weeds regulations in 7 CFR part 360, which prohibit or restrict 
the importation and interstate movement of those plants that are 
designated as noxious weeds in Sec.  360.200.
    Under the authority of the Federal Seed Act (FSA) of 1939, as 
amended (7 U.S.C. 1551 et seq.), the U.S. Department of Agriculture 
regulates the importation and interstate movement of certain 
agricultural and vegetable seeds and screenings. 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. APHIS' regulations implementing the provisions 
of title III of the FSA are found in 7 CFR part 361. A list of noxious 
weed seeds is contained in Sec.  361.6. Paragraph (a)(1) of Sec.  361.6 
lists species of noxious weed seeds with no tolerances applicable to 
their introduction into the United States.
    APHIS lists in its regulations only those weeds that meet the 
international definition of a quarantine pests, i.e., ``a pest of 
potential economic importance to the area endangered thereby and not 
yet present there, or present but not widely distributed and being 
officially

[[Page 35379]]

controlled.'' This practice is consistent with the International Plant 
Protection Convention (IPPC), to which the United States is a 
signatory. Under the IPPC, a country may prohibit or restrict 
importation of quarantine pests or, in the case of contaminants in 
plants for planting, regulated nonquarantine pests. This practice is 
also consistent with sections 414 and 415 of the PPA, which authorize 
the Secretary to take general remedial measures or to declare an 
extraordinary emergency if necessary to prevent the introduction or 
spread of plant pests or noxious weeds that are new to or not known to 
be prevalent or distributed widely within and throughout the United 
States.
    In this document, we are amending the regulations by adding South 
African ragwort (Senecio inaequidens DC.) and Madagascar ragwort 
(Senecio madagascariensis Poir.) to the list in Sec.  360.200(c) of 
terrestrial noxious weeds and to the list in Sec.  361.6(a)(1) of seeds 
with no tolerances applicable to their introduction. We are taking this 
action based on information, discussed below, that strongly suggests 
that S. inaequidens and S. madagascariensis pose a serious threat to 
U.S. agriculture and the natural resources of the United States.
    This information is also available in the weed risk assessment 
document, which may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    S. inaequidens is a perennial plant with narrow leaves and bright 
yellow flowers that is native to the Transvaal and Natal provinces of 
South Africa. It also occurs in Botswana, Lesotho, Mozambique, Namibia, 
and Swaziland, though it is unclear whether it is native to those 
areas. Because it is considered an invasive species even in its native 
habitat, it is possible that it has spread to other areas in southern 
Africa in recent years.
    It is estimated that S. inaequidens produces more than 10,000 seeds 
per plant per year and seeds may remain viable in the soil for months 
or years. There are numerous pathways of dispersal, including by wind, 
in soil, in seed, and as a hitchhiker on containers, vehicles, 
agricultural machinery, agricultural products such as wool and hay, and 
on animals. S. inaequidens was accidentally introduced to Europe with 
imports of wool as early as 1889. It now occupies a wide range of 
habitats within Europe, including along roads, railways, riverbanks, 
forest clearings, croplands, mountain slopes, vineyards, grasslands, 
wetlands, tree plantations, pastures, and areas disturbed by fire. S. 
inaequidens is also present in Mexico. It is highly adaptable and able 
to withstand hot, dry summers and overwinter in areas where 
temperatures reach -15 [deg]C (5 [deg]F).
    Like S. inaequidens, S. madagascariensis is an invasive perennial 
plant native to South Africa with yellow flowers and a highly branched 
stem. In addition, it may also be capable of producing over 10,000 
seeds per plant per year, which are easily dispersed by the wind or may 
hitchhike on other surfaces and objects. These seeds may remain viable 
in the soil for up to 10 years. Recent studies suggest S. inaequidens 
and S. madagascariensis may represent one species; however, a formal 
taxonomic study has not been conducted to resolve this issue. 
Therefore, we have evaluated the two taxa as separate, but similar 
species.
    S. madagascariensis now occupies parts of Argentina, Hawaii, Japan, 
and many coastal regions in Australia. The earliest record of S. 
madagascariensis in Australia is in 1918, when it was probably 
introduced in ballast. In the 1980s it was introduced to the island of 
Hawaii, where it is considered a State noxious weed and is under 
official control. Since its introduction, it has spread to the islands 
of Kauai, Maui, Oahu, and Kahoolawe, invading pastures, yards, 
roadsides, natural areas, abandoned fields, and newly developed lots 
from sea level to as high as 7,000 feet in elevation.
    Both S. inaequidens and S. madagascariensis produce toxic 
alkaloids. Although livestock may not typically eat S. inaequidens or 
S. madagascariensis due to their bitter taste, young plants growing 
intermixed with other pasture species may be inadvertently ingested. S. 
madagascariensis has been shown to retard the growth and development of 
cattle if eaten, and in some acute cases, can cause livestock 
mortality. In Africa, S. inaequidens alkaloids have been found in milk 
and bread and may have resulted in some lethal poisoning of humans. If 
either species were to become established in the United States, the 
United States may experience a loss in domestic and foreign grain, 
cattle, hay, and dairy markets due to toxic alkaloid contamination.
    Because it forms dense populations of 5 to 15 plants per square 
meter (approximately 11 square feet), S. inaequidens can exert 
competitive pressure on native species, primarily through shading. 
Evidence suggests that it outcompetes some herbs. Therefore, it may 
have a negative impact on biodiversity, although this has not yet been 
tested.
    The United States contains dozens of native species of Senecio, two 
of which are federally listed as threatened. These native species live 
in a variety of habitats, including those favorable to the 
establishment of S. inaequidens and S. madagascariensis. If S. 
inaequidens or S. madagascariensis become established in the United 
States, they would likely invade these habitats, threatening the 
existence of those species through competition or indirectly through 
hybridization. Many species of Senecio freely interbreed if they come 
in contact with each other.
    Although mechanical and chemical control measures are available, 
they may not be easy to apply due to the often inaccessible habitats S. 
inaequidens and S. madagascariensis can occupy. In addition, such 
control measures are likely to be costly. In 1995, it is estimated that 
S. madagascariensis cost the Australian dairy industry AU $10 million 
per year in control and production costs.
    The United States imports many commodities, such as uncleaned wool, 
on which seeds of S. inaequidens or S. madagascariensis could hitch-
hike from countries in which these species are known to exist. It is 
highly likely that some contaminated shipments have already entered the 
United States given that the infestations of S. madagascariensis in 
Hawaii resulted from contaminated hydromulch that traveled through the 
Los Angeles ports from Australia. APHIS has not kept records of any 
interception of these species because neither species is listed as a 
Federal noxious weed. This is a concern for the agency because APHIS 
has no way of knowing how many shipments contaminated with S 
inaequidens or S. madagascariensis may have already entered the United 
States. Once the species do enter the United States, it is not clear 
how quickly they can acclimate to their new environment. If either S. 
inaequidens or S. madagascariensis were introduced into the United 
States in the near future, it could take a few years before the plants 
begin to spread far enough to be detected at which point the invasive 
species will already be established.
    In addition, as S. madagascariensis is capable of interbreeding 
with S. inaequidens and some studies suggest that they may represent 
the same species, we have determined that S. madagascariensis poses as 
high of a risk of introduction into the United States as S. 
inaequidens. The introduction and establishment of S. inaequidens or S. 
madagascariensis in the United States

[[Page 35380]]

could lead to adverse impacts, such as reduced crop and livestock 
yield, lower commodity values, loss of foreign markets due to the 
presence of a quarantine pest, and costly chemical control programs. 
Therefore, we have determined that it is necessary, on an emergency 
basis, to amend the regulations in Sec. Sec.  360.200 and 361.6 to list 
S. inaequidens and S. madagascariensis as noxious weeds in order to 
help prevent their artificial spread into the United States.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
introduction of S. inaequidens and S. madagascariensis into the United 
States. Under these circumstances, the Administrator has determined 
that prior notice and opportunity for public comment are contrary to 
the public interest and that there is good cause under 5 U.S.C. 553 for 
making this rule effective less than 30 days after publication in the 
Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the 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 under 
Executive Order 12866.
    We are amending the noxious weed and imported seed regulations by 
adding S. inaequidens (South African ragwort) and S. madagascariensis 
(Madagascar ragwort) to the list of terrestrial noxious weeds and to 
the list of seeds with no tolerances applicable to their introduction. 
This action which is necessary to prevent the artificial spread of 
these noxious weeds into the United States, is expected to have only 
minor, if any, economic effects on U.S. entities.
    Neither South African ragwort nor Madagascar ragwort is used for 
ornamental, medicinal, or other purposes. As such, the introduction of 
either weed would provide no benefit to U.S. agriculture or other 
industries. The European and Mediterranean Plant Protection 
Organization has identified wool and wildflower seed mixes as potential 
pathways for the dissemination of Senecio spp. seeds. This interim 
rule, therefore, may result in additional costs for importers whose 
shipments of wildflower mixes are seized or whose wool shipments must 
be decontaminated due to contamination with S. inaequidens or S. 
madagascariensis seeds.
    Importers of wool and wildflowers are classified as part of the 
wholesale trade sector in the North American Industry Classification 
System (NAICS). The wholesale trade sector is an integral part in the 
process of trading because it is an intermediate step in the 
distribution of merchandise. Both merchant wholesalers and import/
export agents or brokers are classified in this sector.
    The size distribution of merchant wholesalers that may be affected 
by the rule is unknown. However, it is reasonable to assume that most 
are small in size according to the U.S. Small Business Administration's 
standards. The small business size standard for entities classified 
under NAICS code 424590 (Other Farm Product Raw Material Merchant 
Wholesalers) is 100 or fewer employees. There are 43 raw wool wholesale 
trading establishments in the United States, for which trade of wool, 
wool tops, and mohair account for 73.3 percent of their total sales. 
Although no clear data exist to verify that these firms are small 
entities, the total average number of employees per establishment of 
other farm product raw material merchant wholesalers in 2002 was seven 
employees per firm. In 2004, the United States imported approximately 
22.7 million pounds of wool, primarily from New Zealand and Australia. 
Madagascar ragwort is prevalent in Australia, where it has led to 
higher costs of production in the dairy, beef, and horse production 
sectors. Although the United States is a net importer of wool, imports 
declined by 10 percent in 2005, while exports increased by 17 percent, 
suggesting that domestic demand for wool has decreased from previous 
years.
    The small business size standard for entities classified under 
NAICS code 424930 (Flower, Nursery Stock, and Florists' Supplies 
Merchant Wholesalers) is 100 or fewer employees. There are 4,816 
flower, nursery stock, and florists' supplies wholesale trading 
establishments in the United States for which trade of flowers, nursery 
stock, and florists' supplies accounts for 100 percent of total sales. 
As with wool, no clear data exist to verify that these firms are small 
entities; however, the total average number of employees per 
establishment in this classification in 2002 was 12 employees per firm. 
In 2004, the United States imported approximately $700 million in fresh 
cut flowers and flower buds. The primary exporters of fresh cut flowers 
and flower buds to the United States were Colombia and Ecuador, while 
Mexico supplied approximately 4 percent of the United States' imports. 
The United States is a net importer of fresh cut flowers and flower 
buds. Imports increased by 16.4 percent in 2004, while exports declined 
by 19 percent.
    While it is anticipated that the cost to some importers of wool and 
wildflowers may increase as a result of this interim rule, additional 
costs would be incurred if a shipment was found to be contaminated with 
South African ragwort or Madagascar ragwort. In the extreme, a shipment 
may have to be reexported or destroyed due to the presence of South 
African ragwort or Madagascar ragwort. The benefits of preventing the 
introduction and spread of either weed in the United States, however, 
are expected to outweigh any additional costs to importers. 
Furthermore, protecting against the introduction into and artificial 
spread within the United States of South African ragwort and Madagascar 
ragwort will positively affect small entities in the livestock, field 
crop, and nursery industries by preventing the need for costly chemical 
or other controls.
    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 12988

    This rule has been reviewed under Executive Order 12988, 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 new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects

7 CFR Part 360

    Imports, Plants (Agriculture), Quarantine, Reporting and 
recordkeeping requirements, Transportation, Weeds.

7 CFR Part 361

    Agricultural commodities, Imports, Labeling, Quarantine, Reporting 
and recordkeeping requirements, Seeds, Vegetables, Weeds.

[[Page 35381]]


0
Accordingly, we are amending 7 CFR parts 360 and 361 as follows:

PART 360--NOXIOUS WEED REGULATIONS

0
1. The authority citation for part 360 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.


Sec.  360.200  [Amended]

0
2. In Sec.  360.200, paragraph (c) is amended by adding, in 
alphabetical order, entries for ``Senecio inaequidens DC. (South 
African ragwort)'' and ``Senecio madagascariensis Poir. (Madagascar 
ragwort)''.

PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED 
ACT

0
3. The authority citation for part 361 continues to read as follows:

    Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.


Sec.  361.6  [Amended]

0
4. In Sec.  361.6, paragraph (a)(1) is amended by adding, in 
alphabetical order, entries for ``Senecio inaequidens DC.'' and 
``Senecio madagascariensis Poir.''

    Done in Washington, DC, this 14th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-9665 Filed 6-19-06; 8:45 am]
BILLING CODE 3410-34-P