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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

23151 

Vol. 75, No. 84 

Monday, May 3, 2010 

1To view the interim rule, the supporting 

documents, and the comments we received, go to 

(http://www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail&d=APHIS2008-0097). 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 360 and 361 

[Docket No. APHIS-2008-0097] 

Noxious Weeds; Old World Climbing 

Fern and Maidenhair Creeper 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the noxious weed 

regulations by adding Old World 

climbing fern (Lygodium microphyllum 

(Cavanilles) R. Brown) and maidenhair 

creeper (Lygodium flexuosum 

(Linnaeus) Swartz) to the list of 

terrestrial noxious weeds. This action is 

necessary to prevent the artificial spread 

of these noxious weeds within and into 

the United States. 

DATES: Effective on May 3, 2010, we are 

adopting as a final rule the interim rule 

published at 74 FR 53397-53400 on 

October 19, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alan V. Tasker, Noxious Weeds Program 

Coordinator, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737-1236, 

(301) 734-5225; or Ms. Dorothy Wayson, 

Regulatory Coordination Specialist, 

Regulatory Coordination and 

Compliance, Permits, Registrations, 

Imports, and Manuals, PPQ, APHIS, 

4700 River Road Unit 52, Riverdale, MD 

20737-1236, (301) 734-0772. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the authority of the Plant 

Protection Act (PPA, 7 U.S.C. 7701 et 

seq.), 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 § 360.200. 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, and the natural resources of 

the United States, the public health, or 

the environment.’’ 

Under the authority of the Federal 

Seed Act 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 that Act, ‘‘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 Federal Seed Act are 

found in 7 CFR part 361. A list of 

noxious weed seeds is contained in 

§ 361.6. Paragraph (a)(1) of § 361.6 lists 

species of noxious weed seeds with no 

tolerances applicable to their 

introduction into the United States. 

In an interim rule1 effective and 

published in the Federal Register on 

October 19, 2009 (74 CFR 53397-53400, 

Docket No. APHIS-2008-0097), we 

amended the regulations by adding Old 

World climbing fern (Lygodium 

microphyllum (Cavanilles) R. Brown) 

and maidenhair creeper (Lygodium 

flexuosum (Linnaeus) Swartz) to the list 

of terrestrial noxious weeds in 

§ 360.200(c) and to the list of noxious 

weed seeds with no tolerances 

applicable to their introduction in 

§ 361.6(a)(1). In that interim rule, we 

also made the weed risk assessment 

(WRA) and the Federal decision 

document available for public review 

and comment. 

We solicited comments concerning 

the interim rule, WRA, and the Federal 

decision document for 60 days ending 

December 18, 2009. We received three 

comments, two from private citizens 

and one from a State Department of 

Agriculture and Consumer Services, by 

that date. All of the commenters 

supported the addition of both Old 

World Climbing Fern (L. microphyllum) 

and Maidenhair Creeper (L. flexuosum) 

to the list of Federal Noxious weeds. 

One of the commenters asked that we 

consider adding other species within 

the Schizaeaceae family to the list of 

Federal noxious weeds. Specifically, the 

commenter was concerned that other 

species in the Schizaeaceae family are 

weedy and/or invasive, because L. 

microphyllum and L. flexuosum have 

been reported to interbreed with closely 

related species. A link to a reference on 

the Internet was provided by the 

commenter to try to illustrate that 

behavior. 

In our assessment of L. microphyllum, 

L. flexuosum, and L. japonicum we did 

not encounter any evidence that these 

species are capable of hybridizing with 

any other species. The study that the 

commenter referred to examines the 

reproductive biology of L. microphyllum 

and L. japonicum and provides 

evidence that L. microphyllum is 

capable of intergametophytic crossing. 

Intergametophytic crossing refers to two 

different gametophytes of the same 

species crossing with each other; it does 

not refer to crossing of two different 

species, which concerned the 

commenter. Two other species of 

Lygodium were once reported to 

hybridize, but there is no immediate 

indication that these or any other 

members of the Lygodiaceae or 

Schizaeaceae families are weeds. APHIS 

will continue to explore the literature to 

determine whether any additional 

Lygodiaceae or Schizaeaceae warrant 

regulation. 

Therefore, for the reasons given in the 

interim rule and in this document, we 

are adopting the interim rule as a final. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 


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23152 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations 

1Each Bank is generally referred to by the name 

of the city in which it is located. The twelve Banks 

are located in: Boston, New York, Pittsburgh, 

Atlanta, Cincinnati, Indianapolis, Chicago, Des 

Moines, Dallas, Topeka, San Francisco, and Seattle. 

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. 

PART 360—NOXIOUS WEED 

REGULATIONS 

PART 361—IMPORTATION OF SEED 

AND SCREENINGS UNDER THE 

FEDERAL SEED ACT 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR parts 360 and 

361 and that was published at 74 FR 

53397-53400 on October 19, 2009. 

Done in Washington, DC, this 27th day 

of April 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–10282 Filed 4–30–10; 8:45 am] 

BILLING CODE 3410–34–S 

FEDERAL HOUSING FINANCE BOARD 

12 CFR Parts 985 and 989 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Parts 1273 and 1274 

RIN 2590–AA30 

Board of Directors of Federal Home 

Loan Bank System Office of Finance 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Final Rule. 

SUMMARY: Governed by the Federal 

Housing Finance Agency’s (FHFA) 

regulations, the Federal Home Loan 

Bank System’s (Bank System) Office of 

Finance issues debt (‘‘consolidated 

obligations’’) as agent for the Federal 

Home Loan Banks (Banks) on which the 

Banks are jointly and severally liable 

and publishes combined financial 

reports on the Banks so that members of 

the Bank System, investors in the 

consolidated obligations, and other 

interested parties can assess the strength 

of the Bank System that stands behind 

them. The Office of Finance (OF) is 

governed by a board of directors, the 

composition and functions of which are 

determined by FHFA’s regulations. 

FHFA’s experience with the Bank 

System and with the OF’s combined 

financial reports during the recent 

period of market stress suggests that the 

OF and the Bank System could benefit 

from a reconstituted board and 

strengthened audit committee. This 

regulation is intended to achieve that 

end. 

DATES: This rule is effective June 2, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Joseph A. McKenzie, 202–408–2845, 

Division of Federal Home Loan Bank 

Regulation, Federal Housing Finance 

Agency, 1625 Eye Street, NW., 

Washington, DC 20006; Neil Crowley, 

Deputy General Counsel, 202–343–1316; 

or Thomas E. Joseph, Senior AttorneyAdvisor, 202–414–3095, Office of 

General Counsel, Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

telephone number for the 

Telecommunications Device for the Deaf 

is 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Creation of the Federal Housing 

Finance Agency and Recent Legislation 

Effective July 30, 2008, the Housing 

and Economic Recovery Act of 2008 

(HERA), Public Law 110–289, 122 Stat. 

2654, transferred the supervisory and 

oversight responsibilities of the Office of 

Federal Housing Enterprise Oversight 

(OFHEO) over the Federal National 

Mortgage Association (Fannie Mae) and 

the Federal Home Loan Mortgage 

Corporation (Freddie Mac) (collectively, 

the Enterprises), the oversight 

responsibilities of the Federal Housing 

Finance Board (FHFB or Finance Board) 

over the Banks and the Office of Finance 

(OF) (which acts as the Banks’ fiscal 

agent), and certain functions of the 

Department of Housing and Urban 

Development to FHFA, a new 

independent executive branch agency. 

See id. at section 1101, 122 Stat. 2661– 

62. FHFA is responsible for ensuring 

that the Enterprises and the Banks 

operate in a safe and sound manner, 

including that they maintain adequate 

capital and internal controls, that their 

activities foster liquid, efficient, 

competitive, and resilient national 

housing finance markets, and that they 

carry out their public policy missions 

through authorized activities. See id. at 

section 1102, 122 Stat. 2663–64. The 

Enterprises, the Banks, and the OF 

continue to operate under regulations 

promulgated by OFHEO and the FHFB 

until FHFA issues its own regulations. 

See id. at sections 1302, 1313, 122 Stat. 

2795, 2798. 

B. The Bank System Generally 

The twelve Banks are 

instrumentalities of the United States 

organized under the Federal Home Loan 

Bank Act (Bank Act).1 See 12 U.S.C. 

1423, 1432(a). The Banks are 

cooperatives; only members of a Bank 

may purchase the capital stock of a 

Bank, and only members or certain 

eligible housing associates (such as state 

housing finance agencies) may obtain 

access to secured loans, known as 

advances, or other products provided by 

a Bank. See 12 U.S.C. 1426(a)(4), 

1430(a), 1430b. Each Bank is managed 

by its own board of directors and serves 

the public interest by enhancing the 

availability of residential mortgage and 

community lending credit through its 

member institutions. See 12 U.S.C. 

1427. Any eligible institution (generally 

a federally insured depository 

institution or state-regulated insurance 

company) may become a member of a 

Bank if it satisfies certain criteria and 

purchases a specified amount of the 

Bank’s capital stock. See 12 U.S.C. 1424; 

12 CFR part 1263. 

As government-sponsored enterprises 

(GSEs), the Banks are granted certain 

privileges under federal law. In light of 

those privileges and their status as 

GSEs, the Banks typically can borrow 

funds at spreads over the rates on U.S. 

Treasury securities of comparable 

maturity lower than most other entities. 

The Banks pass along a portion of their 

GSE funding advantage to their 

members—and ultimately to 

consumers—by providing advances and 

other financial services at rates that 

would not otherwise be available to 

their members. Consolidated obligations 

(COs), consisting of bonds and discount 

notes, are the principal funding source 

for the Banks. The OF issues all COs on 

behalf of the twelve Banks. Although 

each Bank is primarily liable for the 

portion of consolidated obligations 

corresponding to the proceeds received 

by that Bank, each Bank is also jointly 

and severally liable with the other 

eleven Banks for the payment of 

principal and interest on all COs. See 12 

CFR 966.9. 

C. The OF 

The OF was one of a number of joint 

Bank offices established by regulation 

by the former Federal Home Loan Bank 

Board (FHLBB), a predecessor agency to 


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