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
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15261

1A copy of the pest risk assessment is available

for inspection in the comment reading room (see

ADDRESSES) or may be obtained from the individual

listed under FOR FURTHER INFORMATION CONTACT.

2The Agriculture Research Service Germplasm

Resource Information Network (GRIN) database,

and other sources. For additional information,

contact the individual listed under FOR FURTHER

INFORMATION CONTACT.

Service in April, 1994.1 Listing this

species will help avert further

introductions and prevent the artificial

spread of the weed into noninfested

areas of the United States. Therefore, we

are proposing to amend § 360.200(c) by

adding Solanum viarum Dunal (tropical

soda apple) to the list of terrestrial

weeds under the noxious weed

regulations.

The regulations also list Stratiotes

aloides Linnaeus (water-aloe) as an

aquatic noxious weed. This is an error.

That species is not considered a noxious

weed anywhere in its range. The correct

listing should have been Stratiotes

alismoides L. (duck-lettuce), which has

been renamed as Ottelia alismoides (L.)

Pers. We consider Ottelia alismoides (L.)

Pers. to be a noxious weed because it is

of foreign origin, is new to or not widely

prevalent in the United States, and is

directly or indirectly injurious to

agricultural interests because it forms

dense colonies along ditchbanks and

irrigation canals that impede water flow.

It is also a potentially serious weed of

rice fields and slow moving or still

bodies of water. Therefore, we are

proposing to amend 7 CFR 360.200(a) by

removing Stratiotes aloides Linnaeus

(water-aloe) and adding Ottelia

alismoides (L.) Pers. to the list of aquatic

weeds.

Euphorbia prunifolia Jacquin (painted

euphorbia), now listed in the

regulations as a terrestrial weed, is

considered to be synonymous with

Euphorbia heterophylla,2 a species

native to North America, and

widespread in the United States.

Consequently, Euphorbia prunifolia

Jacquin (painted euphorbia) no longer

appears to meet the definition of a

noxious weed under the Act. Therefore,

we are proposing to amend § 360.200(c)

by removing Euphorbia prunifolia

Jacquin (painted euphorbia).

Public Hearing

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 Seed Act regulations. (See

APHIS Docket No. 93–126–2, published

in the Proposed Rule 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 p.m. 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 a

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 hearings 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 a 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. 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. 603, we

have performed an Initial Regulatory

Flexibility Analysis, set forth below,

regarding the impact of this proposed

rule on small entities. We do not

currently have all the data necessary for

a comprehensive analysis of the

economic effects of this rule on small

entities. Therefore, we are inviting

comments concerning potential

economic impacts. In particular, we are

interested in determining the number

and kinds of small entities that may

incur benefits or costs from

implementation of this proposed rule.

In accordance with 7 U.S.C. 2803 and

2809, 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 proposed rule would add

Solanum viarum Dunal (tropical soda

apple) to the list of terrestrial noxious

weeds. The reduction in usable acreage

caused by the spread of tropical soda

apple poses a significant threat to the

cattle industry and to other agricultural

entities. Tropical soda apple also poses

a threat to natural ecosystems. The weed

is spreading into citrus groves, vegetable

farms, sugarcane production areas, and

dairy farms. Preventing further

introductions and curtailing spread

would have a positive economic impact

on ranchers and growers not yet

affected.

If this proposed rule is adopted,

commodities offered for import found to

be contaminated with propagules of

tropical soda apple will have to be

cleaned, treated, or reexported. This

could have a negative economic impact

on various importers. However,

information regarding importations of

commodities contaminated with

tropical soda apple is not available, nor

is the number of importers of such

material. We expect that the economic

impact on importers would be minimal

as a result of this proposed rule change.

This proposed rule would also

remove Euphorbia prunifolia Jacquin

(painted Euphorbia) from the list of

terrestrial noxious weeds, and would

therefore remove restrictions on its

importation and interstate movement.

From 1985 through 1993, 207 shipments

of articles intended for entry into the

United States were found to contain

Euphorbia, possibly prunifolia.

This proposed rule would also add

Ottelia alismoides (L.) Pers. to the list of

aquatic noxious weeds, and would

remove Stratiotes aloides Linnaeus

(water-aloe) from the list of aquatic

noxious weeds. Data on the amount of

Ottelia alismoides (L.) Pers., if any,

currently being imported into the

United States is unavailable. From 1985

through 1993, one shipment of articles

intended for entry into the United States

was found to contain water-aloe.

This proposed rule contains

paperwork and recordkeeping

requirements. 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.

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.)
15262 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

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 proposed 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 360

Imports, Plants (Agriculture),

Quarantine, Transportation, Weeds.

Accordingly, 7 CFR part 360 would be

amended as follows:

PART 360—NOXIOUS WEED

REGULATIONS

1. The authority citation for part 360

would continue to read as follows:

Authority: 7 U.S.C. 2803 and 2809; 7 CFR

2.17, 2.51, and 371.2(c).

§ 360.200 [Amended]

2. Section 360.200 would be amended

as follows:

a. In paragraph (a), by removing

‘‘Stratiotes aloides Linnaeus (wateraloe)’’.

b. In paragraph (a), by adding ‘‘Ottelia

alismoides (L.) Pers.’’ immediately after

‘‘Monochoria vaginalis (Burman f.) C.

Presl’’.

c. In paragraph (c), by removing

‘‘Euphorbia prunifolia Jacquin (painted

euphorbia)’’.

d. In paragraph (c), by adding

‘‘Solanum viarum Dunal (tropical soda

apple)’’ immediately after ‘‘Solanum

torvum Swartz (turkeyberry)’’.

Done in Washington, DC, this 15th day of

March 1995.

Terry Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–7135 Filed 3–22–95; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 1050

[DA–95–14]

Milk in the Central Illinois Marketing

Area; Proposed Suspension of Certain

Provisions of the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed suspension of rule.

SUMMARY: This document invites written

comments on a proposal to suspend a

portion of the producer milk definition

of the Central Illinois Federal milk

marketing order (Order 50) for an

indefinite period commencing April 1,

1995. The proposed suspension was

requested by Prairie Farms Dairy, Inc.,

which contends the action is necessary

to prevent uneconomic and inefficient

movements of milk and to ensure that

producer milk historically associated

with Order 50 will continue to be

pooled under the order.

DATES: Comments are due no later than

March 30, 1995.

ADDRESSES: Comments (two copies)

should be filed with the USDA/AMS/

Dairy Division, Order Formulation

Branch, Room 2971, South Building,

P.O. Box 96456, Washington, DC 20090–

6456.

FOR FURTHER INFORMATION CONTACT:

Nicholas Memoli, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456, (202) 690–1932.

SUPPLEMENTARY INFORMATION: The

Regulatory Flexibility Act (5 U.S.C.

601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Pursuant to 5 U.S.C.

605(b), the Administrator of the

Agricultural Marketing Service has

certified that this proposed rule would

not have a significant economic impact

on a substantial number of small

entities. This rule would lessen the

regulatory impact of the order on certain

milk handlers and would tend to ensure

that dairy farmers would continue to

have their milk priced under the order

and thereby receive the benefits that

accrue from such pricing.

The Department is issuing this

proposed rule in conformance with

Executive Order 12866.

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. If adopted,

this proposed rule will not preempt any

state or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with the rule.

The Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), provides that

administrative proceedings must be

exhausted before parties may file suit in

court. Under section 608c(15)(A) of the

Act, any handler subject to an order may

file with the Secretary a petition stating

that the order, any provisions of the

order, or any obligation imposed in

connection with the order is not in

accordance with law and request a

modification of an order or to be

exempted from the order. A handler is

afforded the opportunity for a hearing

on the petition. After a hearing, the

Secretary would rule on the petition.

The Act provides that the district court

of the United States in any district in

which the handler is an inhabitant, or

has its principal place of business, has

jurisdiction in equity to review the

Secretary’s ruling on the petition,

provided a bill in equity is filed not

later than 20 days after the date of the

entry of the ruling.

Notice is hereby given that, pursuant

to the provisions of the Agricultural

Marketing Agreement Act, the

suspension of the following provision of

the order regulating the handling of

milk in the Central Illinois marketing

area is being considered for an

indefinite period, beginning April 1,

1995:

In § 1050.13(d)(2), the words ‘‘not’’

and ‘‘it’’ where they first appear.

All persons who want to submit

written data, views or arguments about

the proposed suspension should send

two copies of their views to the USDA/

AMS/Dairy Division, Order Formulation

Branch, Room 2971, South Building,

P.O. Box 96456, Washington, DC 20090–

6456, by the 7th day after publication of

this notice in the Federal Register. The

period for filing comments is limited to

7 days because a longer period would

not provide the time needed to complete

the required procedures before the

requested suspension is to be effective.

All written submissions made

pursuant to this notice will be made

available for public inspection in the

Dairy Division during regular business

hours (7 CFR 1.27(b)).

Statement of Consideration

The proposed rule would suspend a

portion of the producer milk definition

under the Central Illinois order for an

indefinite period of time, beginning

April 1, 1995. The proposed suspension

would suspend the diversion limits

applicable to individual producers for a

pool distributing plant regulated under

the order. The aggregate limit of 35

percent contained in the proviso of