This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

15257

Vol. 60, No. 56

Thursday, March 23, 1995

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 201

[Docket No. 93–126–2]

Imported Seed

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule and notice of

public hearing.

SUMMARY: We are proposing to expand

the list of noxious weed seeds contained

in Federal Seed Act regulations to

include seeds of all of the weeds listed

in the Federal Noxious Weed Act

regulations. This rule would allow

APHIS to prohibit the entry into the

United States of any imported

agricultural or vegetable seed shipments

containing seeds of noxious weeds

listed in the Federal Noxious Weed Act

regulations. We believe this action is

necessary to prevent the introduction of

noxious weeds into the United States.

DATES: Consideration will be given only

to comments received on or before April

24, 1995. We also will consider

comments made at a public hearing to

be held on April 4, 1995, from 9 a.m.

until 12 noon.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 93–126–2, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1228. Please state that your comments

refer to Docket No. 93–126–2.

Comments received may be inspected at

USDA, room 1141, South Building, 14th

Street and Independence Avenue SW,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

The public hearing will be held on April

4, 1995, in room 3A01, 4700 River Road,

Riverdale, MD 20737–1228.

FOR FURTHER INFORMATION CONTACT: Ms.

Polly Lehtonen, Botanist, Animal and

Plant Health Inspection Service, Plant

Protection and Quarantine, Biological

Assessments And Taxonomic Support,

4700 River Road Unit 133, Riverdale,

MD 20737–1228, (301) 734–8896.

SUPPLEMENTARY INFORMATION:

Background

In 1939, Congress enacted the Federal

Seed Act (FSA), directing the U.S.

Department of Agriculture (USDA),

among other things, to regulate foreign

commerce in seeds in cooperation with

the U.S. Department of 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 certain noxious weeds as a

condition of entry into the United

States. On October 1, 1982, the

Agricultural Marketing Service (AMS) of

the USDA transferred 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) to the Animal and

Plant Health Inspection Service

(APHIS).

On September 15, 1994, we published

an advance notice of proposed

rulemaking in the Federal Register (59

FR 47286–47287, Docket No. 93–126–1)

announcing our plans to revise the FSA

regulations to reflect amendments to the

FSA, developments in the seed

industry, and the transfer of regulatory

authority for Title III of the FSA from

AMS to APHIS. We also noted our

intention to revise the list of noxious

weed seeds contained in the regulations

promulgated under the FSA to include

seeds of all the noxious weeds listed in

the regulations promulgated under the

Federal Noxious Weed Act.

We have decided to proceed

separately with this proposal to revise

the list of noxious weeds contained in

the regulations, for reasons explained

below. We are still reviewing comments

concerning the other issues raised in the

advance notice, and plan to publish

another proposed rule at a later date. We

also will hold a public hearing in

connection with that proposed rule.

We solicited comments on the

advance notice of proposed rulemaking

for 45 days ending October 31, 1994. By

that date we received 13 comments from

seed companies and importers, State

governments, and universities. Four of

those comments remarked on our plan

to revise the list of noxious weed seeds

contained in the FSA regulations to

include seeds of all the noxious weeds

listed in the Federal Noxious Weed Act

regulations. Two of these comments

supported our actions and two raised

relevant questions. These questions are

addressed below.

Under § 201.108 of the FSA

regulations, seeds of 11 types of weeds

are considered to be noxious when

found in shipments of imported

agricultural or vegetable seeds. If seeds

of these weeds are found in a shipment

of imported agricultural or vegetable

seeds in amounts greater than the

tolerances listed in § 201.66, APHIS

prohibits the entry of that shipment into

the United States (except possibly for

supervised cleaning or repackaging for

re-export). However, if seeds of noxious

weeds listed in the Federal Noxious

Weed Act regulations are found in a

shipment of imported agricultural or

vegetable seeds subject to the FSA

regulations, APHIS currently may not

prohibit the entry of that shipment into

the United States based on such

contamination. The Federal Noxious

Weed Act (7 U.S.C. 2801–2813)

specifically provides that it does not

apply to shipments of seed subject to

the FSA. Shipments of agricultural and

vegetable seeds are subject to the FSA.

This prohibition increases the

chances that noxious weeds listed in the

Federal Noxious Weed Act regulations,

but not in the FSA regulations, may be

introduced into the United States from

contaminated shipments of agricultural

or vegetable seeds. In fact, since 1988,

APHIS has found noxious weeds listed

in the Federal Noxious Weed Act

regulations in two shipments of

imported agricultural and vegetable

seed. In 1988, APHIS discovered seed of

the noxious weed serrated tussock

(Nassella trichotoma (Nees) Hackel ex

Arechavaleta) in a shipment of lawn

grass seed imported from Argentina.

More recently, in September of 1994,

APHIS discovered seed of the noxious

weed goatsrue (Galega officinalis L.) in

a shipment of carrot seed imported from

Chile.

We are proposing, therefore, to

expand the list of noxious weed seeds

contained in the FSA regulations to
15258 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

include seeds of all of the noxious

weeds listed in the Federal Noxious

Weed Act regulations. As a result of this

action, APHIS would have the authority

to prohibit the entry of shipments of

imported agricultural and vegetable

seed containing seed of the noxious

weeds currently listed in the Federal

Noxious Weed Act regulations. We have

decided to proceed with this proposal

separately from other issues identified

in the advance notice of proposed

rulemaking mentioned above due to the

urgent need to expand APHIS authority

in this matter, as underscored by the

recent detection of seed of the noxious

weed goatsrue in imported carrot seed.

Tolerances

Under § 201.66 of the FSA

regulations, agricultural or vegetable

seed imports may enter the United

States if they contain only small

amounts, or ‘‘tolerances,’’ of the noxious

weed seeds specified in § 201.108. We

propose to preserve these tolerances for

the weed seeds currently listed in

§ 201.108, except for species of Cuscuta.

Currently, all species of Cuscuta are

listed in § 201.108 (with tolerances) and

several are also listed in the Federal

Noxious Weed Act regulations (without

tolerances). Since many seeds of

Cuscuta species plants are

indistinguishable from each other, we

are proposing to retain tolerances for

none. Thus, we would reduce the risk

that Cuscuta species classified as

noxious weeds under the Federal

Noxious Weed Act regulations would

enter the United States in agricultural or

vegetable seeds. Also, we are proposing

to establish no tolerances for the other

noxious weed seeds that are to be added

to the FSA regulations from the Federal

Noxious Weed Act regulations. There

are no tolerances for these weeds under

the Federal Noxious Weed Act

regulations.

Also, we are proposing to add a new

§ 201.108(b). This paragraph would state

that the allowable tolerance for certain

noxious weed seeds in import

shipments of agricultural and vegetable

seeds would be two weed seeds in the

minimum amount of seed required to be

examined. Shipments containing three

or more noxious weed seeds may not be

imported into the United States. If two

noxious weed seeds are found during

the initial examination, a second sample

will be taken and examined. If two or

fewer noxious weed seeds are found in

the second examination, the shipment

from which the seeds were drawn may

be imported into the United States. If

three or more noxious weed seeds are

found in the second examination, the

shipment may not be imported into the

United States.

Miscellaneous

We are proposing to revise the list of

noxious weed seeds in the FSA

regulations by updating the taxonomical

names of several of the weeds listed.

Specifically, concerning the three

species of whitetop or hoary cress

currently listed in the regulations,

Lepidium draba (L.) and Lepidium

repens (Schrenk) Boiss. would be

redesignated as Cardaria draba (L.)

Desv., and Hymenophysa pubescens C.

A. Mey. would be redesignated as

Cardaria pubescens (C. A. Mey.) Jarmol.

These changes will bring the list of

noxious weed seeds under the FSA

regulations into accord with current

botanical nomenclature. These changes

would not affect the Federal Noxious

Weed Act regulations, as these seeds are

not listed under those regulations.

Comments on the Advance Notice of

Proposed Rulemaking

As stated above, of the 13 comments

we received on the advance notice of

proposed rulemaking, four remarked on

our plan to revise the list of noxious

weeds in the FSA regulations. Two of

the comments supported our plan. The

other two raised the following

questions.

One comment, from a State

government, inquired as to whether

APHIS would consider adding seeds of

weeds appearing on State noxious weed

lists to the list of noxious weeds in the

FSA regulations. We would consider

adding a weed to the noxious weed list

in the FSA regulations (as well as the

noxious weed list in the Federal

Noxious Weed Act regulations) upon

receipt and review of information

regarding that weed.

The other comment, from a trade

association, encouraged APHIS to

undertake a thorough scientific review

of the list of noxious weeds in the FSA

regulations to confirm its scientific basis

and applicability to today’s trade. We

welcome for review any information

indicating a need to revise the list of

noxious weeds in the FSA regulations

(or the Federal Noxious Weed Act

regulations).

Public Hearing

As required by 7 U.S.C. 1592(c),

APHIS will host a public hearing to

provide interested persons a full

opportunity to present their views

regarding this proposal. At this public

hearing, we will also consider

comments on a proposed rule to amend

the Federal Noxious Weed Act

regulations. (See APHIS Docket No. 94–

050–1, published in the Proposed Rules

Section of this issue of the Federal

Register). The hearing will be held on

April 4, 1995, in room 3A01, 4700 River

Road, Riverdale, MD 20737–1228.

A representative of APHIS will

preside at the public hearing. Any

interested person may appear and be

heard in person, by attorney, or by other

representative. Persons who wish to

speak at the public hearing will be

asked to sign in, listing their names and

organizations.

The public hearing will begin at 9

a.m. local time and is scheduled to end

at 12 noon local time. However, the

hearing may be terminated at any time

after it begins if all persons desiring to

speak have been heard. We ask that

anyone who reads a statement provide

two copies to the presiding officer at the

hearing. If the number of speakers at the

hearing warrants it, the presiding officer

may limit the time for each presentation

so that everyone wishing to speak has

the opportunity.

The purpose of the hearing is to give

interested persons an opportunity for

oral presentations of data, views, and

arguments. Questions about the content

of the proposed rules may be part of the

commenters’ oral presentations.

However, neither the presiding officer

nor any other representative of APHIS

will respond to comments at the

hearing, except to clarify or explain

provisions of the proposed rules.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be not

significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

We are proposing to expand the list of

noxious weed seeds contained in FSA

regulations by including the seeds of all

weeds listed in Federal Noxious Weed

Act regulations. Currently APHIS can

prohibit the entry of shipments of

imported agricultural or vegetable seeds

contaminated with noxious weed seeds

listed in the FSA regulations, but not

shipments which contain weed seeds

listed only in the Federal Noxious Weed

Act regulations. The change would

authorize APHIS to prohibit the entry of

any agricultural or vegetable seed

shipments containing noxious weed

seeds listed in the Federal Noxious

Weed Act 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
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15259

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 Federal Noxious

Weed Act 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, carrots, and pasture

grasses. These crops generate an annual

income of approximately $50 billion in

the United States. Additionally, these

agricultural commodities 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 Federal Noxious Weed Act

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 Federal

Noxious Weed Act 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, river

banks, and along roadsides. The cost of

eradicating goatsrue already introduced

has been substantial to the agency.

Since the eradication program began in

1981, the agency 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 he

would have incurred a loss of about

$24,000. This 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 would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required 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 would be

amended as follows:

PART 201—FEDERAL SEED ACT

REGULATIONS

1. The authority citation for part 201

would continue to read as follows:

Authority: 7 U.S.C. 1592.

§ 201.66 [Removed and reserved]

2. Section 201.66 would be removed

and reserved.

3. Section 201.108 would be revised

to read as follows:

§ 201.108 Noxious weed seeds.

(a) Seeds of the following plants shall

be considered noxious weed seeds.

1Acroptilon 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 1Cardaria draba (L.) Desv. 1Cardaria pubescens (C. A. Mey.) Jarmol.

Carthamus oxycantha M. Bieberstein 1Convolvulus arvensis L.

Chrysopogon aciculatus (Retzius) Trinius 1Cirsium arvense (L.) Scop.

Commelina benghalensis 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 1Elytrigia repens (L.) Desv. (=Agropyron

repens (L.) Beauv.)

Emex australis Steinheil

Emex spinosa (L.) Campdera 1Euphorbia 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
15260 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

Prosopis calingastana Burkart

Prosopis campestris Grisebach

Prospis 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 1Sonchus arvensis L. 1Sorghum halepense (L.) Pers.

Sparganium erectum L.

Striga spp.

Tridax procumbens L.

Urochloa panicoides Beauvois 1Seeds with tolerances applicable to their

prohibition.

(b) The tolerance applicable to the

prohibition of the noxious weed seeds

marked above with (1) shall be two seeds

in the minimum amount required to be

examined as shown in Table 1, § 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 15th day of

March 1995.

Terry Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–7133 Filed 3–22–95; 8:45 am]

BILLING CODE 3410–34–P

7 CFR Part 360

[Docket No. 94–050–1]

Noxious Weeds; Deletions and

Additions to List

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule and notice of

public hearing.

SUMMARY: We are proposing to amend

the noxious weed regulations by

removing Stratiotes aloides Linnaeus

(water-aloe) from the list of aquatic

weeds and Euphorbia prunifolia Jacquin

(painted euphorbia) from the list of

terrestrial weeds. We are also proposing

to amend the noxious weed regulations

by adding Ottelia alismoides (L.) Pers. to

the list of aquatic weeds and Solanum

viarum Dunal (tropical soda apple) to

the list of terrestrial weeds. Listed

noxious weeds may be moved into or

through the United States only under a

written permit and under conditions

that would not involve a danger of

dissemination of the weeds. This action

appears to be necessary to prevent the

artificial spread of noxious weeds into

noninfested areas of the United States,

and to remove unnecessary restrictions.

DATES: Consideration will be given only

to comments received on or before April

24, 1995. We also will consider

comments made at a public hearing to

be held on April 4, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 94–050–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20727–1238.

Please state that your comments refer to

Docket No. 94–050–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

The public hearing will be held in room

3A01, 4700 River Road, Riverdale, MD

20737–1228.

FOR FURTHER INFORMATION CONTACT: Ms.

Polly Lethonen, Botanist, Biological

Assessment and Taxonomic Support,

PPQ, APHIS, Suite 4A03, 4700 River

Road Unit 113, Riverdale, MD 20737–

1236, (301) 734–8896.

SUPPLEMENTARY INFORMATION:

Background

The noxious weed regulations

(referred to below as the regulations)

were promulgated under authority of

the Federal Noxious Weed Act of 1974

(7 U.S.C. 2801 et seq., referred to below

as the Act) 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, but do

not affect the movement of listed

noxious weeds that are moved solely

intrastate.

A listed noxious weed may be moved

into or through the United States only

pursuant to a written permit. The

regulations provide that APHIS will

issue a written permit only after

determining that the importation and

movement of the noxious weed would

not involve a danger of dissemination of

the noxious weed in the United States.

Section 360.200 of the regulations

lists these categories of noxious weeds:

aquatic (§ 360.200(a)), parasitic

(§ 360.200(b)), and terrestrial

(§ 360.200(c)). This document proposes

to delete Stratiotes aloides Linnaeus

(water-aloe) from the list of aquatic

weeds and Euphorbia prunifolia Jacquin

(painted euphorbia) from the list of

terrestrial weeds. This document also

proposes to add Ottelia alismoides (L.)

Pers. to the list of aquatic weeds and

Solanum viarum Dunal (tropical soda

apple) to the list of terrestrial weeds.

The Act (7 U.S.C. 2802(c)) defines a

noxious weed as ‘‘any living stage

(including but not limited to, seeds and

reproductive parts) of any parasitic or

other plant of a kind, or subdivision of

a kind, which is of foreign origin, is new

to or not widely prevalent in the United

States, and can directly or indirectly

injure crops, other useful plants,

livestock, or poultry or other interests of

agriculture, including irrigation, or

navigation or the fish or wildlife

resources of the United States or the

public health.’’

First reported in Florida in 1988,

Solanum viarum Dunal (tropical soda

apple) has spread rapidly in Florida and

appears to be a noxious weed, as

defined in the Act. It is of foreign origin,

not widely prevalent in the United

States, and can directly or indirectly

injure crops, other useful plants,

livestock, or other interests of

agriculture. Tropical soda apple poses a

significant threat to the cattle industry,

agricultural areas, and natural

ecosystems of the southern United

States. The Weed Science Society of

America and the National Association of

Exotic Plant Pest Councils support the

listing of tropical soda apple under the

Federal Noxious Weed Act, as does the

pest risk assessment completed by the

Animal and Plant Health Inspection