Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33741

becomes final only after the individual

has served a 1-year probationary period

as a career appointee; there has been an

assessment of the appointee’s

performance during the probationary

period; and the appointing authority, or

his or her designee, has certified that the

appointee performed at the level of

excellence expected of a senior

executive during the probationary

period.

(b) When a career appointee’s

executive qualification have been

certified by a Qualifications Review

Board on the basis of special or unique

qualities, as described in § 317.502(c),

the probationary assessment must

address any executive development

activities the agency identified in

support of the request for QRB

certification.

* * * * *

(f) * * * The individual, however,

need not be recertified by a QRB unless

the individual was removed for

performance or disciplinary reasons.

* * * * *

5. In Subpart F, the heading for the

subpart is revised to read as follows:

Subpart F—Noncareer and Limited

Appointments

6. Amend § 317.601, paragraph (c)(1),

by revising the first sentence to read as

follows:

§ 317.601 Authorization.

* * * * *

(c) * * *

(1) Agencies are provided a pool of

limited appointment authorities equal to

3 percent of their Senior Executive

Service (SES) position allocation, or one

authority, whichever is greater. * * *

[FR Doc. 00–13053 Filed 5–24–00; 8:45 am]

BILLING CODE 6325–01–M

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.

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 § 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.

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

§ 360.200(c) and to the list of seeds with

no tolerances applicable to their

introduction in § 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.

33742 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

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:

• Poison livestock and/or humans.

Livestock may die within 12 hours or

less after ingesting the leaves.

• 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

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 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).

§ 360.200 [Amended]

2. In § 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).

§ 361.6 [Amended]

4. In § 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]

BILLING CODE 3410–34–U

FARM CREDIT ADMINISTRATION

12 CFR Part 614

RIN 3052–AB87

Loan Policies and Operations;

Participations; Effective Date

AGENCY: Farm Credit Administration.

ACTION: Notice of effective date.

SUMMARY: The Farm Credit

Administration (FCA) published a final

rule under part 614 on April 25, 2000

(65 FR 24101). This final rule deletes

requirements for a Farm Credit System

(Farm Credit or System) institution to

provide notice to or seek consent from

other System institutions when it buys

participation interests in loans

originated outside its chartered territory.

Repealing these notice and consent

requirements can help increase the flow

and availability of agricultural credit

and help diversify geographic and

industry concentrations in the loan

portfolios of Farm Credit banks and

associations. As a result of this rule, a

Farm Credit bank or association will no

longer need approval from other System

institutions when it buys participations

in loans from non-System lenders. In

accordance with 12 U.S.C. 2252, the

effective date of the final rule is 30 days

from the date of publication in the

Federal Register during which either or

both Houses of Congress are in session.

Based on the records of the sessions of

Congress, the effective date of the

regulations is May 25, 2000.

EFFECTIVE DATE: The regulation

amending 12 CFR part 614 published on

April 25, 2000 (65 FR 24101) is effective

May 25, 2000.

FOR FURTHER INFORMATION CONTACT:

S. Robert Coleman, Senior Policy

Analyst, Office of Policy and

Analysis, Farm Credit Administration,

McLean, VA 22102–5090, (703) 883–

4498; or

Richard A. Katz, Senior Attorney, Office

of General Counsel, Farm Credit

Administration, McLean, VA 22102–

5090, (703) 883–4020, TDD (703) 883–

4444.

(12 U.S.C. 2252(a)(9) and (10))

Dated: May 22, 2000.

Vivian L. Portis,

Secretary, Farm Credit Administration Board.

[FR Doc. 00–13191 Filed 5–24–00; 8:45 am]

BILLING CODE 6705–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–SW–04–AD; Amendment

39–11729; AD 2000–10–05]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

France Model SE.3160, SA.316B,

SA.316C, SA.319B, SA330F, SA330G,

SA330J, SA341G, and SA342J

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Eurocopter France Model

SE.3160, SA.316B, SA.316C, SA.319B,

SA330F, SA330G, SA330J, SA341G, and

SA342J helicopters. This AD requires

inspecting each inflation head and

union nut on certain emergency

flotation gear nitrogen cylinders and

replacing each cracked inflation head

with an airworthy inflation head. This

amendment is prompted by the

discovery of cracked inflation heads

during routine maintenance inspections

of emergency flotation systems. The

actions specified by this AD are

intended to prevent an emergency

flotation gear nitrogen cylinder from

exploding with resultant high velocity

shrapnel, which could cause airframe

damage or personal injury and

subsequent loss of control of the

helicopter.

DATES: Effective June 29, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 29,

2000.