[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33741-33743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13158]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 360 and 361

[Docket No. 99-064-2]


Noxious Weeds; Update of Weed and Seed Lists

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the noxious weeds regulations by adding 
Homeria spp. (cape tulips) to the list of terrestrial weeds. Listed 
noxious weeds may be moved into or through the United States or 
interstate only under a written permit and under conditions that would 
not involve a danger of dissemination of the weeds. This action is 
necessary to prevent the artificial spread of noxious weeds into 
noninfested areas of the United States.

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist, Permits 
and Risk Assessment, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, 
MD 20737-1236; (301) 734-8896.

SUPPLEMENTARY INFORMATION:

Background

    The noxious weed regulations were promulgated under authority of 
the Federal Noxious Weed Act (FNWA) of 1974, as amended (7 U.S.C. 2801 
et seq.), 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 and interstate.
    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 
(USDA) 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. The Animal and Plant Health Inspection 
Service's (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.
    On December 27, 1999, we published in the Federal Register (64 FR 
72293-72296, Docket No. 99-064-1) a proposal to amend the noxious weed 
regulations by adding Homeria spp. (cape tulips) to the list of 
terrestrial noxious weeds in Sec. 360.200(c) and to the list of seeds 
with no tolerances applicable to their introduction in 
Sec. 361.6(a)(1).
    We held a public hearing on the proposed rule on February 1, 2000. 
No one came to speak about the proposed rule. We also solicited 
comments concerning our proposal for 60 days ending February 25, 2000. 
We received one comment by that date. The comment was from a 
representative of a foreign government. We carefully considered the 
comment, and have discussed its concerns below.
    Comment: APHIS should conduct its own comprehensive review to 
assess the number of Homeria spp. already present in the United States 
and their distribution, by species.
    Response: As stated in our proposed rule, APHIS has been unable to 
determine the number and distribution of Homeria spp. in the United 
States. Based on information available from literature and known 
herbarium collections, there are no known established, feral 
populations of Homeria spp. in the United States. In our proposed rule, 
we asked the public to provide us with information on what species of 
Homeria are being planted and where. Due to the limited resources 
available to fund monitoring and survey programs in regard to noxious 
weeds, we are unable to conduct additional reviews specific to Homeria 
spp. We will continue to monitor and conduct surveys at current levels, 
and as resources permit. If, in the future, we are able to determine 
that certain species of the genus Homeria have become widespread, then 
we will consider removing those particular species from the list of 
noxious weeds at that time.
    Comment: APHIS should assess the potential for Homeria spp. to set 
seeds under the U.S. cultural practices and the potential for Homeria 
spp. to become established as weeds in agricultural areas of the United 
States.
    Response: APHIS has no reason to doubt that most species of Homeria 
will set seed in the United States. Using a simulation model for 
predicting the effects of climate on the distribution of plants, we 
matched locations of infestations of Homeria spp. in Australia to 
locations with similar climate in the United States. Based on the 
results of the simulation, we have reason to believe that Homeria spp. 
presents a significant risk of becoming established as a weed in 
certain areas of the United States, especially along the west coast and 
in Texas.
    Prolific seed production is only one indicator of high dispersal or 
spread potential. At least one species of the genus Homeria, H. 
miniata, does not produce viable seeds, but produces cormils in each 
leaf axil and around the developing corm at the base of the plant. The 
cormils may remain dormant and build up in established patches, serving 
as effective dispersal agents. If APHIS determines in the future that 
certain species of the genus Homeria do not produce seed or cormils, we 
will consider relieving restrictions on the importation of those 
species.

[[Page 33742]]

    Comment: Homeria spp. may not present the same degree of risk in 
the United States as they have in South Africa and Australia, due 
probably to unique pasture and animal husbandry situations in these 
countries. APHIS could investigate whether Homeria spp. would cause any 
economic losses in U.S. pastures, particularly taking into account the 
pasture management and animal husbandry systems being used in the 
country.
    Response: Again, APHIS has determined that several areas of the 
United States provide ideal climate conditions for the establishment of 
Homeria spp. As stated in our proposed rule, we believe there is a 
significant risk associated with the importation of seeds of Homeria 
spp. as contaminants of shipments of Australian oats or other varieties 
of seeds. We believe that such shipments provide a direct path for 
establishment of Homeria spp. in U.S. pastures, which could result in 
the poisoning of livestock, reduction of carrying capacity, and 
substantial losses for U.S. farmers.
    Further, our review of the scientific literature has revealed that 
species of the genus Homeria have escaped from garden plantings in 
Australia and New Zealand into surrounding areas. According to the 
literature, dispersal occurs by the movement of corms and seeds, aided 
by humans, animals, wind, and water. When plants dry out at the end of 
the growing season, they may break off at the soil level, with seed 
heads attached. The dry plants then may blow around the ground surface, 
scattering seeds.
    In the absence of any data regarding imported species of the genus 
Homeria that have become widely distributed in the United States or 
imported species that do not produce cormils or seeds, and for the 
reasons given in the proposed rule and in this document, we are 
adopting the proposed rule as a final rule, without change.

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.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is set forth below, regarding 
the economic effects of this rule on small entities.
    In accordance with the FNWA, 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 rule will add Homeria spp. (cape tulips) to the list of 
Federal noxious weeds and to the list of seeds with no tolerances 
applicable to their introduction.
    Homeria spp. (cape tulips) are not known to exist in the United 
States in the wild. However, Homeria spp. have been imported into the 
United States under the Bulb Preclearance Program since 1994, with 
increasing numbers of imports each year. We estimate that over 1.8 
million corms of Homeria spp. were received in the United States 
between July 1994 and March 1999. However, data on the distribution of 
Homeria spp. are not available. Persons who import or purchase Homeria 
spp., including those in the nursery trade, could be affected by this 
rule. However, data on the number and location of persons who import or 
purchase Homeria spp. are not available.
    As stated above, Homeria spp. nursery stock has been imported into 
the United States for several years without restriction. Recently, 
APHIS inspectors found seeds of Homeria spp. in shipments of Australian 
oats to the United States. As a result of this finding, APHIS conducted 
a risk assessment to determine the potential effects of Homeria spp. on 
U.S. agriculture. The risk assessment revealed that Homeria spp. may 
present a high risk to U.S. agriculture and that Homeria spp. meet the 
criteria for listing as a Federal noxious weed.
    Since imported Australian oats are likely to be used as a feed for 
horses and other livestock, it is likely that the Homeria spp. seeds 
could be introduced into grazing lands and paddocks, where they could 
do the following:
    <bullet> Poison livestock and/or humans. Livestock may die within 
12 hours or less after ingesting the leaves.
    <bullet> Reproduce and persist in prolific fashion, thus crowding 
out desirable plants and competing with them for soil nutrients, 
reducing the carrying capacity of pastures and reducing crop yields.
    Historical data show that, in the 1980's in South Africa, poisoning 
from Homeria spp. and a related genus resulted in losses of $2.5 to $3 
million per year in livestock. All classes of livestock are 
susceptible, but cattle, sheep, goats, and donkeys are most likely to 
suffer poisoning under natural conditions. Further, since Homeria spp. 
could grow on cultivated land, they may be cut with forage and cause 
poisoning in stall-fed animals. If Homeria spp. are introduced into the 
United States via Australian oats, U.S. livestock producers could be 
expected to experience livestock losses similar to those experienced by 
South Africa in the 1980's.

Effects on Small Entities

    The unchecked spread of Homeria spp. into the United States can be 
expected to have a negative economic effect on livestock operations in 
the United States, whether small or large, given significant negative 
effects on the regions in Australia and South Africa where Homeria spp. 
are already established. In responding to the potential harm caused by 
Homeria spp. to livestock and grazing lands, one or more organizations 
or governmental jurisdictions in affected areas could incur control 
costs if the weed were to be introduced into the environment. Although 
the size and magnitude of such potential costs are not known, it is 
clear that this rule will help to prevent the need for such 
expenditures.
    We are aware that there are persons in the nursery trade who import 
and distribute Homeria spp. nursery stock, especially corms. We have no 
data available on the location, number, or size of those businesses; 
however, it is likely that the majority of those businesses could be 
classified as small entities. In our proposed rule, we requested that 
the public provide any available data relevant to volumes and 
distribution of imported Homeria spp. nursery stock. We received no 
relevant data in response to our request. Further, we asked the public 
to provide information on the current distribution and taxonomy of 
Homeria spp. in the United States in order to determine if certain 
species of Homeria spp. are widespread, and, therefore, should be 
excluded from the noxious weed regulations. We received no information 
in response to this request, and, therefore, are adopting our proposed 
rule as a final rule, without change.
    We believe that adding Homeria spp. to the list of Federal noxious 
weeds will help preclude potential economic and ecological consequences 
that could result from its spread.

Alternatives Considered

    We considered two alternatives to this rule. One alternative was to 
make no changes in the regulations; i.e., to not add Homeria spp. to 
the list of Federal noxious weeds. We have rejected that alternative 
because of the potential economic and ecological consequences that we 
believe would result from the spread Homeria spp. We also considered 
exempting certain species of the genus Homeria from being listed as 
noxious weeds if we received information documenting that certain

[[Page 33743]]

species had become widely distributed in the United States. We did not 
receive any information on the distribution of any species of the genus 
Homeria, and, therefore, could not select that alternative.
    This final rule contains no new information collection or 
recordkeeping requirements.

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.)

Executive Order 12988

    This final 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 final 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.

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

PART 360--NOXIOUS WEED REGULATIONS

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

    Authority: 7 U.S.C. 2803 and 2809; 7 CFR 2.22, 2.80, and 
371.2(c).


Sec. 360.200  [Amended]

    2. In Sec. 360.200, paragraph (c) is amended by adding, in 
alphabetical order, an entry for ``Homeria spp.''.

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

    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 371.2(c).


Sec. 361.6  [Amended]

    4. In Sec. 361.6, paragraph (a)(1) is amended by adding, in 
alphabetical order, an entry for ``Homeria spp.''.

    Done in Washington, DC, this 19th day of May 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-13158 Filed 5-24-00; 8:45 am]
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