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

27456 

Vol. 74, No. 110 

Wednesday, June 10, 2009 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 319, 352, 360, and 361 

[Docket No. APHIS–2007–0146] 

RIN 0579–AC97 

Update of Noxious Weed Regulations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to make 

several changes to the regulations 

governing the importation and interstate 

movement of noxious weeds. We would 

add definitions of terms used in the 

regulations, add details regarding the 

process of applying for the permits used 

to import or move noxious weeds, add 

a requirement for the treatment of niger 

seed, and add provisions for petitioning 

to add a taxon to or remove a taxon from 

the noxious weed lists. These changes 

would update the regulations to reflect 

current statutory authority and program 

operations and improve the 

effectiveness of the regulations. We are 

also proposing to add seven taxa to the 

list of terrestrial noxious weeds and to 

the list of seeds with no tolerances 

applicable to their introduction. This 

action would prevent the introduction 

or dissemination of these noxious weeds 

into or within the United States. 

DATES: We will consider all comments 

that we receive on or before August 10, 

2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

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

component/main?main=DocketDetail&

d=APHIS–2007–0146 to submit or view 

comments and to view supporting and 

related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2007–0146, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2007–0146. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

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 Dr. Arnold 

Tschanz, Senior Plant Pathologist, Risk 

Management and Plants for Planting 

Policy, RPM, PPQ, APHIS, 4700 River 

Road, Unit 133, Riverdale, MD 20737– 

1231; (301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The Plant Protection Act (PPA, as 

amended, 7 U.S.C. 7701 et seq.) 

authorizes the Secretary of Agriculture 

to prohibit or restrict the importation, 

entry, exportation, or movement in 

interstate commerce of any plant, plant 

product, biological control organism, 

noxious weed, article, or means of 

conveyance if the Secretary determines 

that the prohibition or restriction is 

necessary to prevent the introduction of 

a plant pest or noxious weed into the 

United States or the dissemination of a 

plant pest or noxious weed within the 

United States. 

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, the natural 

resources of the United States, the 

public health, or the environment.’’ The 

PPA also provides that the Secretary 

may publish, by regulation, a list of 

noxious weeds that are prohibited or 

restricted from entering the United 

States or that are subject to restrictions 

on interstate movement within the 

United States. Under this authority, the 

Animal and Plant Health Inspection 

Service (APHIS) administers the 

noxious weeds regulations in 7 CFR part 

360 (referred to below as the 

regulations), which prohibit or restrict 

the importation and interstate 

movement of those plants that are 

designated as noxious weeds in 

§ 360.200. 

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 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. 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. 

We are proposing to make several 

changes to the regulations. Briefly, we 

would: 

• Add definitions for terms used in 

the regulations and replace references to 

the Federal Noxious Weed Act with 

references to the PPA; 

• Add explanatory text to clarify the 

listing of noxious weeds in § 360.200; 

• Provide additional detail about the 

requirements for permits to move 

noxious weeds in § 360.300; 

• Amend the regulations to require 

heat treatment for Guizotia abyssinica 

(niger) seed, as currently required in 

§ 319.37–6; 

• Add a section to provide 

information about the process for 

petitioning to add or remove a taxon 

from the noxious weed list; 

• Add seven new noxious weeds to 

the list of noxious weeds in § 360.200 

and the list of noxious weed seeds in 

§ 361.6; and 

• Update or correct the taxonomic 

designations for several currently listed 

noxious weeds. These proposed changes 


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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 27457 

1 International Standard for Phytosanitary 

Measures (ISPM) Number 5. To view this and other 

ISPMs on the Internet, go to http://www.ippc.int/ 

IPP/En/default.jsp and click on the ‘‘Adopted 

ISPMs’’ link under the ‘‘Standards (ISPMs)’’ 

heading. 

are discussed in further detail directly 

below. 

Definitions 

Section 360.100 defines terms used in 

the noxious weed regulations. We are 

proposing to add definitions for several 

terms in § 360.100. 

Some of the terms and definitions we 

are proposing to add to the regulations 

are derived from the definitions of these 

terms in the PPA. We are proposing to 

add these definitions in order to ensure 

that the regulations are consistent with 

the PPA. Those definitions are listed 

below: 

• Interstate. From one State into or 

through any other State; or within the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

• Move. To carry, enter, import, mail, 

ship, or transport; to aid, abet, cause, or 

induce the carrying, entering, importing, 

mailing, shipping, or transporting; to 

offer to carry, enter, import, mail, ship, 

or transport; to receive to carry, enter, 

import, mail, ship, or transport; to 

release into the environment; or to allow 

any of the activities described in this 

definition. 

• Noxious weed. 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, the natural resources of the 

United States, the public health, or the 

environment. 

• Person. Any individual, 

partnership, corporation, association, 

joint venture, or other legal entity. 

• Permit. A written authorization, 

including by electronic methods, by the 

Administrator to move plants, plant 

products, biological control organisms, 

plant pests, noxious weeds, or articles 

under conditions prescribed by the 

Administrator. 

• State. Any of the several States of 

the United States, the Commonwealth of 

the Northern Mariana Islands, the 

Commonwealth of Puerto Rico, the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

• United States. All of the States. 

The definition of permit in the PPA 

includes oral authorization as well as 

written authorization; we are proposing 

to omit oral authorization because the 

current regulations in § 360.300 refer 

specifically to written permits and 

because the practice of issuing oral 

authorizations in other contexts has 

created both verification and 

enforcement problems in the past. 

Other definitions we are proposing to 

add to the noxious weed regulations are 

based on definitions in other parts of 

our regulations in 7 CFR chapter III. 

These definitions are listed below: 

• Administrator. The Administrator, 

Animal and Plant Health Inspection 

Service, or any individual authorized to 

act for the Administrator. 

• APHIS. The Animal and Plant 

Health Inspection Service, United States 

Department of Agriculture. 

• Responsible person. The person 

who has control over and will maintain 

control over the movement of the 

noxious weed and assure that all 

conditions contained in the permit and 

requirements in 7 CFR part 360 are 

complied with. A responsible person 

must be at least 18 years of age and must 

be a legal resident of the United States 

or designate an agent who is at least 18 

years of age and a legal resident of the 

United States. (This definition is based 

on a similar definition of the same term 

in 7 CFR part 340.) 

• Through the United States. From 

and to places outside the United States. 

We would remove the definition of 

Deputy Administrator and replace all 

references to the Deputy Administrator 

in 7 CFR part 360 with references to the 

Administrator. 

We are proposing to add one 

definition based on the International 

Plant Protection Convention’s (IPPC) 

Glossary of Phytosanitary Terms.1 We 

would define the term taxon (taxa) as: 

‘‘Any grouping within botanical 

nomenclature, such as family, genus, 

species, or cultivar.’’ 

Finally, paragraph (b) of § 360.100 

includes a reference to the Federal 

Noxious Weed Act (7 U.S.C. 2802), 

indicating that the terms included in 

that act apply with equal force and 

effect in the regulations in part 360. 

Because the Federal Noxious Weed Act 

has been superseded by the PPA, it is 

not necessary to include this language 

in the definitions in § 360.100. 

Accordingly, we would remove 

paragraph (b) and redesignate paragraph 

(a) as the introductory text of the 

section. 

Adding these definitions to the 

regulations would improve their clarity 

and make them consistent with the PPA. 

Explanatory Text in § 360.200 

Section 360.200 designates certain 

plants and plant products as noxious 

weeds. The introductory text of this 

section currently reads as follows: 

As authorized under section 412 of the 

Plant Protection Act (7 U.S.C. 7712), the 

Secretary of Agriculture has determined that 

the following plants or plant products fall 

within the definition of ‘‘noxious weed’’ as 

defined in section 403 of the Act (7 U.S.C. 

7702(10)). Accordingly, the dissemination in 

the United States of the following plants or 

plant products may reasonably be expected 

to have the effects specified in section 403 of 

the Act: 

We are proposing to amend this text 

for several reasons. As discussed earlier, 

we are proposing to add a definition of 

noxious weed to the regulations, which 

would mean it would not be necessary 

to cite the definition of that term in the 

PPA at the beginning of § 360.200. Also, 

because the Secretary has delegated to 

APHIS the authority to carry out title IV 

of the PPA, the Administrator is the 

person who makes the determination 

that a plant or plant product is a 

noxious weed. Finally, the PPA grants 

the Administrator the authority to take 

action to prevent the introduction of a 

noxious weed into the United States as 

well as to prevent the dissemination of 

a noxious weed within the United 

States. 

The revised introductory text would 

thus read as follows: 

The Administrator has determined that it 

is necessary to designate the following plants 

as noxious weeds to prevent their 

introduction into the United States or their 

dissemination within the United States. 

In addition, a footnote to the current 

introductory text currently reads as 

follows: 

One or more of the common names of 

weeds are given in parentheses after most 

scientific names to help identify the weeds 

represented by such scientific names; 

however, a scientific name is intended to 

include all weeds within the genus or species 

represented by the scientific name, regardless 

of whether the common name or names are 

as comprehensive in scope as the scientific 

name. 

However, noxious weeds may be 

designated below the species level. In 

addition, the proposed definition of the 

term taxon (taxa) would allow us to 

convey this information more 

succinctly. We propose to revise this 

footnote to read as follows: 

One or more of the common names of 

weeds are given in parentheses after most 

scientific names to help identify the weeds 

represented by such scientific names; 

however, a scientific name is intended to 

include all subordinate taxa within the taxon. 

For example, taxa listed at the genus level 


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27458 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

2Paragraph (d) of § 352.5 contains two references 

to ‘‘parts 319.’’ These references are intended to 

include both 7 CFR part 319 and 7 CFR part 330. 

We would correct the error and add a reference to 

7 CFR part 360 as well. 

include all species, subspecies, varieties, and 

forms within the genus; taxa listed at the 

species level include all subspecies, varieties, 

and forms within the species. 

These changes would help to clarify 

the listing of noxious weeds in 

§ 360.200. 

Additional Information in Permit 

Regulations 

The regulations in § 360.300 set out 

general prohibitions and restrictions on 

the movement of noxious weeds and 

requirements for permits for such 

movement. Under paragraph (a) of 

§ 360.300, no person may move a 

Federal noxious weed into or through 

the United States, or interstate, unless 

he or she obtains a permit for such 

movement in accordance with 

paragraphs (b) through (e) of § 360.300 

and the movement is consistent with the 

specific conditions contained in the 

permit. 

We are proposing to add to the 

regulations new §§ 360.301 through 

360.305. These sections would contain 

the following: Specific requirements for 

applying for permits; information about 

consultations that the Administrator 

may perform in deciding whether to 

grant a permit; the actions the 

Administrator may take on a permit and 

the conditions in the permit; denial or 

cancellation of permits; and disposal of 

noxious weeds when permits are 

canceled. The proposed provisions are 

modeled on similar provisions in 7 CFR 

part 330, the regulations governing the 

importation and interstate movement of 

plant pests. 

Paragraphs (b) through (e) of current 

§ 360.300 provide fewer details about 

the same topics that our proposed new 

sections would cover; accordingly, we 

are proposing to remove those 

paragraphs. We would add a new 

paragraph (b) stating that persons who 

move noxious weeds into or through the 

United States, or interstate, without 

complying with paragraph (a) of 

§ 360.300 would be subject to such 

criminal and civil penalties as are 

provided by the PPA. 

The current regulations do not 

contain detailed requirements regarding 

the process of applying for permits. We 

would add such detailed requirements 

in a new § 360.301. We would also 

amend paragraph (a) of § 360.300 to 

refer to applying for a permit in 

accordance with proposed § 360.301. 

Proposed paragraph (a) in § 360.301 

would set out details regarding the 

process of applying for permits to 

import a noxious weed into the United 

States. Under this paragraph, a 

responsible person would be required to 

apply for a permit to import a noxious 

weed into the United States. We would 

include a footnote directing the reader 

to a Web site with application 

information. The application would 

have to include the following 

information: 

• The responsible person’s name, 

address, telephone number, and (if 

available) e-mail address; 

• The taxon of the noxious weed; 

• Plant parts to be moved; 

• Quantity of noxious weeds to be 

moved per shipment; 

• Proposed number of shipments per 

year; 

• Origin of the noxious weeds; 

• Destination of the noxious weeds; 

• Whether the noxious weed is 

established in the State of destination; 

• Proposed method of shipment; 

• Proposed port of first arrival in the 

United States; 

• Approximate date of arrival; 

• Intended use of the noxious weeds; 

• Measures to be employed to prevent 

danger of noxious weed dissemination; 

and 

• Proposed method of final 

disposition of the noxious weeds. 

Proposed paragraph (b) in § 360.301 

would set out details regarding the 

process of applying for permits to move 

a noxious weed interstate. Under this 

paragraph, a responsible person would 

be required to apply for a permit to 

move a noxious weed interstate. We 

would also provide a footnote with 

application information in this 

paragraph. The application would have 

to include the following information: 

• The responsible person’s name, 

address, telephone number, and (if 

available) e-mail address; 

• The taxon of the noxious weed; 

• Plant parts to be moved; 

• Quantity of noxious weeds to be 

moved per shipment; 

• Proposed number of shipments per 

year, 

• Origin of the noxious weeds; 

• Destination of the noxious weeds; 

• Whether the noxious weed is 

established in the State of destination; 

• Proposed method of shipment; 

• Approximate date of movement; 

• Intended use of the noxious weeds; 

• Measures to be employed to prevent 

danger of noxious weed dissemination; 

and 

• Proposed method of final 

disposition of the noxious weeds. 

The regulations do not currently 

indicate what information must be 

provided when applying for a permit, 

meaning that the information we receive 

sometimes does not allow us to fully 

evaluate the application. Requiring that 

responsible persons applying for a 

permit to import noxious weeds or 

move them interstate provide this 

information will allow APHIS to 

evaluate the permit applications more 

quickly and thoroughly and to followup 

in case any part of a permit application 

is unclear. 

Proposed paragraph (c) would provide 

that permits to move noxious weeds 

through the United States would be 

obtained in accordance with the plant 

quarantine safeguard regulations in 7 

CFR part 352. The regulations in 7 CFR 

part 352 provide a general framework 

for regulating the movement of plants, 

plant products, and other articles 

through the United States to prevent the 

dissemination of plant pests. We have 

determined that 7 CFR part 352 

provides an appropriate framework for 

regulating the movement of noxious 

weeds through the United States as 

well. 

To accommodate this change, we 

would make the following changes to 

the regulations in 7 CFR part 352: Refer 

to noxious weeds in addition to other 

plant products; refer to the noxious 

weeds regulations in 7 CFR part 360 as 

well as the foreign quarantine notices in 

7 CFR part 319 and the plant pest 

movement regulations in 7 CFR part 

330; and refer to preventing the 

dissemination of noxious weeds as well 

as plant pests. These changes can be 

found in the regulatory text at the end 

of this document.2

We are proposing to add a new 

section on approving permit 

applications. Currently, paragraph (b) of 

§ 360.300 provides that the Deputy 

Administrator will issue a written 

permit for the movement of a noxious 

weed into or through the United States, 

or interstate, if application is made for 

such movement and if the Deputy 

Administrator determines that such 

movement, under conditions specified 

in the permit, would not involve a 

danger of dissemination of the noxious 

weed in the United States, or interstate. 

We would discuss in more detail the 

factors that we will consider in 

determining whether to approve an 

application for a permit to move 

noxious weeds in proposed § 360.302. 

Proposed § 360.302, ‘‘Consideration of 

applications for permits to move 

noxious weeds,’’ would state that, upon 

the receipt of an application made in 

accordance with § 360.301 for a permit 

for movement of a noxious weed into 

the United States or interstate, the 

Administrator will consider the 

application on its merits. 


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Paragraph (a) of proposed § 360.302 

would provide that the Administrator 

may consult with other Federal agencies 

or entities, States or political 

subdivisions of States, national 

governments, local governments in 

other nations, domestic or international 

organizations, domestic or international 

associations, and other persons for 

views on the danger of noxious weed 

dissemination into the United States, or 

interstate, in connection with the 

proposed movement. The list of entities 

with which the Administrator may 

consult is taken from section 431(a) of 

the PPA. 

Paragraph (b) of proposed § 360.302 

would provide that the Administrator 

may inspect the site where noxious 

weeds are proposed to be handled in 

connection with or after their movement 

under permit to determine whether 

existing or proposed facilities will be 

adequate to prevent noxious weed 

dissemination if a permit is issued. 

Currently, paragraph (c) of § 360.300 

states that any permits issued under that 

section will contain in written form any 

conditions (other than the conditions in 

7 CFR part 360) under which the permit 

is to be granted, e.g., conditions with 

respect to shipment, storage, and 

destruction. Proposed § 360.303, 

‘‘Approval of an application for a permit 

to move a noxious weed; conditions 

specified in permit,’’ would provide 

more detail on this process. It would 

state that the Administrator will 

approve or deny an application for a 

permit to move a noxious weed. If the 

application is approved, the 

Administrator would issue the permit 

including any conditions that the 

Administrator had determined would be 

necessary to prevent dissemination of 

noxious weeds into the United States or 

interstate. Such conditions could 

include requirements for inspection of 

the premises where the noxious weed is 

to be handled after its movement under 

the permit, to determine whether the 

facilities there are adequate to prevent 

noxious weed dissemination and 

whether the conditions of the permit are 

otherwise being observed. Before the 

permit is issued, the Administrator 

would require the responsible person to 

agree in writing to the conditions under 

which the noxious weed will be 

safeguarded. 

Currently, paragraph (d) of § 360.300 

states that, if a permit application is 

denied, the applicant shall be furnished 

the reasons for the denial. Paragraph (e) 

of § 360.300 states that the Deputy 

Administrator may revoke any 

outstanding permit issued under 

§ 360.300, and may deny future permit 

applications, if the Deputy 

Administrator determines that the 

issuee has failed to comply with any 

provision of the Act or this section, 

including conditions of any permit 

issued. Paragraph (e) also provides that, 

upon request, any permit holder will be 

afforded an opportunity for a hearing 

with respect to the merits or validity of 

any such revocation involving his or her 

permit. 

Proposed § 360.304, ‘‘Denial of an 

application for a permit to move a 

noxious weed; cancellation of a permit 

to move a noxious weed,’’ would 

provide more specific information on 

potential reasons for denying a permit 

and reasons for canceling a permit. It 

would also provide more details about 

the hearing process that is available to 

permittees when a permit is canceled. 

Under paragraph (a) of proposed 

§ 360.304, the Administrator could deny 

an application for a permit to move a 

noxious weed when the Administrator 

has determined that: 

• No safeguards adequate or 

appropriate to prevent dissemination of 

the noxious weed can be implemented; 

or 

• The destructive potential of the 

noxious weed, should it escape despite 

proposed safeguards, outweighs the 

probable benefits to be derived from the 

proposed movement and use of the 

noxious weed; or 

• The responsible person, or the 

responsible person’s agent, as a previous 

permittee, failed to maintain the 

safeguards or otherwise observe the 

conditions prescribed in a previous 

permit and failed to demonstrate the 

ability or intent to observe them in the 

future; or 

• The movement could impede an 

APHIS eradication, suppression, 

control, or regulatory program; or 

• A State plant regulatory official 

objects to the issuance of the permit on 

the grounds that granting the permit 

will pose a risk of dissemination of the 

noxious weed into the State. 

It is important to note that, under the 

proposed regulations, the Administrator 

would have the option to approve a 

permit for movement of a noxious weed 

even if one of these conditions was true. 

For example, if a State plant regulatory 

official objected to the issuance of a 

permit, the Administrator could still 

approve the permit if the Administrator 

determined that the safeguards specified 

in the permit were adequate to address 

the risk of dissemination. 

Under paragraph (b) of proposed 

§ 360.304, the Administrator could 

cancel any outstanding permit when: 

• After the issuance of the permit, 

information is received that constitutes 

cause for the denial of an application for 

permit under proposed paragraph 

§ 360.304(a); or 

• The responsible person has not 

maintained the safeguards or otherwise 

observed the conditions specified in the 

permit. 

Paragraph (c) of proposed § 360.304 

would provide that, if a permit is orally 

canceled, APHIS would provide the 

reasons for the withdrawal of the permit 

in writing within 10 days. Any person 

whose permit has been canceled or any 

person who has been denied a permit 

would be allowed to appeal the decision 

in writing to the Administrator within 

10 days after receiving the written 

notification of the cancellation or 

denial. The appeal would have to state 

all of the facts and reasons upon which 

the person relies to show that the permit 

was wrongfully canceled or denied. The 

Administrator would grant or deny the 

appeal, in writing, stating the reasons 

for the decision as promptly as 

circumstances allow. If there is a 

conflict as to any material fact, a hearing 

would be held to resolve the conflict. 

Rules of practice concerning such a 

hearing would be adopted by the 

Administrator. 

Currently, the regulations in § 360.300 

do not address the disposal of noxious 

weeds when a permit is canceled. 

Proposed § 360.305 would provide that, 

when a permit for the movement of a 

noxious weed is canceled by the 

Administrator and not reinstated under 

proposed § 360.304(c), further 

movement of the noxious weed covered 

by the permit into or through the United 

States, or interstate, would be 

prohibited unless authorized by another 

permit. The responsible person would 

have to arrange for disposal of the 

noxious weed in question in a manner 

that the Administrator determines is 

adequate to prevent noxious weed 

dissemination. The Administrator 

would be able to seize, quarantine, treat, 

apply other remedial measures to, 

destroy, or otherwise dispose of, in such 

manner as the Administrator deems 

appropriate, any noxious weed that is 

moved without compliance with any 

conditions in the permit or after the 

permit has been canceled, whenever the 

Administrator deems it necessary in 

order to prevent the dissemination of 

any noxious weed into or within the 

United States. This is consistent with 

APHIS’ authority under the PPA. 

These new sections would provide 

applicants for permits to move noxious 

weeds and current permit holders with 

more detailed information on the 

processes for applying for, approving or 

denying, and canceling a permit. 


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27460 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

New Section With Treatment for Niger 

Seed 

The nursery stock regulations in 

§ 319.37–6 require Guizotia abyssinica 

(niger) seeds to be heat treated in 

accordance with 7 CFR part 305, either 

before importation or at the time of 

arrival at the port of first arrival in the 

United States, for the presence of 

various noxious weed seeds including 

Cuscuta spp. If the seeds are treated 

before importation, paragraph (c) of 

§ 319.37–6 requires the seeds to be 

treated at a facility that is approved by 

APHIS in accordance with 7 CFR part 

305 and that operates in compliance 

with a written agreement between the 

treatment facility owner and the plant 

protection service of the exporting 

country, in which the treatment facility 

owner agrees to comply with the 

provisions of § 319.37–6 and allow 

inspectors and representatives of the 

plant protection service of the exporting 

country access to the treatment facility 

as necessary to monitor compliance 

with the regulations. The treatments 

must be certified in accordance with the 

conditions described in § 319.37–13(c). 

Most niger seed is imported not for 

use as nursery stock, however, but for 

use as birdseed. To ensure that the 

regulations in 7 CFR chapter III clearly 

require niger seed to be treated 

regardless of its intended use, we are 

proposing to add a new section 

§ 360.400 to the noxious weed 

regulations that would require imported 

niger seed to be treated under the same 

conditions that are currently specified 

in § 319.37–6. 

We are also proposing to correct an 

editorial error in § 319.37–6(c), to clarify 

the conditions under which niger seed 

may be treated prior to importation into 

the United States. 

Petitions To Add a Taxon to or Remove 

a Taxon From the Noxious Weed Lists 

APHIS accepts petitions to add a 

taxon to or remove a taxon from the 

noxious weed lists in § 360.200. 

Although we provide some information 

about the petition process on APHIS’ 

noxious weeds Web site, the regulations 

do not contain any information about 

this process. We are proposing to add 

new §§ 360.500 and 360.501 to provide 

such information. 

Proposed § 360.500 would describe 

the process for petitioning to add a 

taxon to the noxious weed list. This 

section would state that a person may 

petition the Administrator to have a 

taxon added to the noxious weeds lists 

in § 360.200. The section would also 

state that details of the petitioning 

process for adding a taxon to the lists 

are available on the Internet at http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/weeds/downloads/ 

listingguide.pdf. Persons who submit a 

petition to add a taxon to the noxious 

weed lists would be required to provide 

their name and contact information, in 

case we need to followup with them to 

clarify details of a petition. Persons who 

submit a petition would also be 

encouraged to provide several pieces of 

information, which can help speed up 

the review process and help APHIS 

determine whether the specified plant 

taxon should be listed as a noxious 

weed. However, providing such 

information would not be required. 

Petitioners would be encouraged to 

provide the following information for 

identification of the noxious weed: 

• The taxon’s scientific name and 

author; 

• Common synonyms; 

• Botanical classification; 

• Common names; 

• Summary of life history; 

• Native and world distribution; 

• Distribution in the United States, if 

any (specific States, localities, or Global 

Positioning System coordinates); 

• Description of control efforts, if 

established in the United States; and 

• Whether the taxon is regulated at 

the State or local level. 

Petitioners would be encouraged to 

provide the following information about 

the potential consequences of the 

taxon’s introduction or spread: 

• The taxon’s habitat suitability in the 

United States (predicted ecological 

range); 

• Dispersal potential (biological 

characteristics associated with 

invasiveness); 

• Potential economic impacts (e.g., 

potential to reduce crop yields, lower 

commodity values, or cause loss of 

markets for U.S. goods); and 

• Potential environmental impacts 

(e.g., impacts on ecosystem processes, 

natural community composition or 

structure, human health, recreation 

patterns, property values, or use of 

chemicals to control the taxon). 

Petitioners would also be encouraged 

to provide the following information 

about the likelihood of the taxon’s 

introduction or spread: 

• Potential pathways for the taxon’s 

movement into and within the United 

States; and 

• The likelihood of survival and 

spread of the taxon within each 

pathway. 

Finally, petitioners would be 

encouraged to provide a list of 

references for the information discussed 

above. 

Similarly, proposed § 360.501 would 

describe the process for petitioning to 

remove a taxon from the noxious weed 

list. This section would state that a 

person may petition the Administrator 

to remove a taxon from the noxious 

weeds lists in § 360.200. The section 

would also state that details of the 

petitioning process for removing a taxon 

from the lists are available at http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/weeds/downloads/ 

delistingguide.pdf. Persons who submit 

a petition to remove a taxon from the 

noxious weed lists would be required to 

provide their name and contact 

information, in case we need to 

followup with them to clarify details of 

a petition. Persons who submit a 

petition would also be encouraged to 

provide the following information, 

which can help speed up the review 

process and help APHIS determine 

whether the specified plant taxon 

should not be listed as a noxious weed. 

However, providing such information 

would not be required. 

• Evidence that the species is 

distributed throughout its potential 

range or has spread too far to implement 

effective control; 

• Evidence that control efforts have 

been unsuccessful and further efforts are 

unlikely to succeed; and 

• For cultivars of a listed noxious 

weed, scientific evidence that the 

cultivar has a combination of risk 

elements that result in a low pest risk. 

For example, the cultivar may have a 

narrow habitat suitability, low dispersal 

potential, evidence of sterility, inability 

to cross-pollinate with introduced wild 

types, or few if any potential negative 

impacts on the economy or environment 

of the United States. 

Petitioners would also be encouraged 

to provide a list of references for this 

information. 

Additions to the Lists of Terrestrial 

Noxious Weeds and Noxious Weed 

Seeds 

Paragraph (c) of § 360.200 lists 

terrestrial noxious weeds. Such weeds 

may not be imported into and through 

the United States, or moved interstate 

except with a permit obtained in 

accordance with § 360.300. In addition, 

as mentioned earlier in this document, 

paragraph (a)(1) of § 361.6 lists species 

of noxious weed seeds with no 

tolerances applicable to their 

introduction into the United States. 

We are proposing to add seven new 

taxa 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). These taxa are: 

• Acacia nilotica (Linnaeus) 

Wildenow ex Delile (prickly acacia), a 


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perennial non-climbing shrub or tree. A. 

nilotica is a serious weed in South 

Africa and Australia, where it 

aggressively replaces grasslands with 

thorny thickets. Seedlings and young 

trees of A. nilotica are protected from 

grazing by thorns, and the plants have 

long-distance dispersal mechanisms 

allowing uncontrolled spread, large seed 

production, and long-lived seeds. Young 

A. nilotica plants grow rapidly, and the 

plants are tolerant of drought, fire, and 

salinity. Potential pathways for the 

introduction of A. nilotica into the 

United States include ornamental seed 

shipments, sale of seeds for medicinal 

purposes, and intentional importation 

in passenger baggage. A. nilotica occurs 

in Puerto Rico and the Virgin Islands, 

and may also be in Hawaii. It is possibly 

cultivated in other States, as it is offered 

for sale by at least three U.S. nurseries. 

We invite public comment on the 

distribution of A. nilotica in the United 

States. 

• Ageratina riparia (Regel) R.M. King 

and H. Robinson (mistflower), a 

perennial erect or sprawling herb to 

subshrub. Colonies of A. riparia 

increase in density and size by 

spreading horizontally and rooting at 

the nodes. The plant thrives in misty, 

upland pastures and mountainous areas 

with high rainfall, and its leaf litter is 

allelopathic, inhibiting the growth of 

other species. A. riparia is a serious 

weed in Africa, India, Indonesia, Papua 

New Guinea, Southeast Asia, Australia, 

New Zealand, Jamaica, Hawaii, and 

Madagascar. In Hawaii Volcanoes 

National Park, the weed competes with 

native plants and occupies disturbed 

areas. A. riparia has been introduced as 

a contaminant in ornamental and 

agricultural material and is both an 

agricultural and environmental weed. 

• Arctotheca calendula (Linnaeus) 

Levyns (capeweed), a flat, stemless or 

short-stemmed, spreading, rosetteforming annual (or perennial in areas 

with frost-free climate). A. calendula 

produces stolons, which root at the 

nodes and are often vigorous. It is 

capable of infesting turf and pasture, 

competing with many kinds of crops, 

causing allergies and dermatitis in 

sensitive people, and negatively 

affecting stock production, with likely 

impacts to both agriculture and the 

environment. A. calendula is currently 

present in California. A purpleflowered, seed-producing type of A. 

calendula is regulated by the State. A 

sterile, vegetatively reproducing yellowflowered type is not currently regulated 

by the State of California, but is noted 

by some to escape from cultivation. In 

addition, identifying a plant as a 

member of one type or another of A. 

calendula can be difficult. We invite 

public comment on whether it is 

appropriate to regulate the entire 

species A. calendula or whether we 

should only regulate the purpleflowered, seed-producing type. 

• Euphorbia terracina Linnaeus (false 

caper), a glabrous erect leafy perennial. 

An aggressive plant, it forms dense 

stands that inhibit the growth of native 

plants, competing with crops and 

pasture plants. In Western Australia, E. 

terracina is a serious weed of grazing 

land. E. terracina is avoided by 

livestock and can be toxic to animals. 

• Inula britannica Linnaeus (British 

elecampane), an erect biennial. I. 

britannica has been found in Michigan 

and Minnesota, where it is regulated by 

those States, and in the Netherlands. It 

was initially detected in Michigan in 

nurseries with hosta imported from the 

Netherlands. I. britannica has negative 

impacts on surrounding hosta, which 

must be sacrificed if chemical control 

efforts are undertaken. 

• Onopordum acaulon Linnaeus 

(stemless thistle), a prostrate annual or 

biennial herb. The plant is found in 

roadsides, wastelands, cultivated land, 

and pastures. O. acaulon reduces 

carrying capacity of pasture, and 

livestock eating the plant suffer 

impaction and liver damage. The seeds 

of O. acaulon are long-lived in soil. 

• Onopordum illyricum Linnaeus 

(Illyrian thistle), a tall, erect annual or 

biennial herb. In California, where O. 

illyricum is currently found and 

regulated, the plant is found in natural 

areas, disturbed sites, roadsides, fields, 

and especially in sites with fertile soils. 

O. illyricum is difficult to control and 

has the potential to infest pastures, 

reduce carrying capacity, and create 

physical barriers to stock and wildlife. 

To evaluate the possibility that these 

taxa could be noxious weeds, we have 

prepared a weed risk assessment (WRA) 

for each taxon. Copies of the WRAs may 

be obtained from the person listed 

under FOR FURTHER INFORMATION

CONTACT or viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for a link to 

Regulations.gov). 

The WRAs conclude that the taxa 

listed above qualify as Federal noxious 

weeds. They also conclude that the 

introduction or further spread of those 

taxa could directly or indirectly injure 

or cause damage to crops (including 

nursery stock or plant products), 

livestock, poultry, or other interests of 

agriculture, irrigation, navigation, the 

natural resources of the United States, 

the public health, or the environment. 

Therefore, pursuant to APHIS’ authority 

under the PPA, we have determined that 

it is necessary to place restrictions on 

their importation and interstate 

movement, and we are proposing to list 

those seven taxa as terrestrial noxious 

weeds in § 360.200(c) and as noxious 

weed seeds with no tolerances 

applicable to their introduction in 

§ 361.6(a)(1). 

Updates and Corrections in Current 

Entries for Noxious Weeds in §§ 360.200 

and 361.6(a)(1) 

We are proposing to make several 

updates, corrections, and clarifications 

in the lists of noxious weeds in 

§ 360.200 and the list of noxious weed 

seeds with no tolerances applicable to 

their introduction in § 361.6(a)(1). For 

some of the taxa listed in these 

paragraphs, the accepted names have 

changed. In addition, these lists contain 

a few spelling errors and incorrect or 

incomplete author designations. We are 

proposing to update and correct the 

entries for these taxa. These proposed 

changes are set forth in the regulatory 

text at the end of this document. 

In § 360.200, we are proposing to 

change the designation of Caulerpa 

taxifolia to add the author’s name and 

a common name and to clarify that only 

the Mediterranean strain is regulated as 

a noxious weed. The new entry would 

thus read: ‘‘Caulerpa taxifolia (Vahl) C. 

Agardh, Mediterranean strain (killer 

algae).’’ We would remove the entry for 

C. taxifolia from the list of noxious 

weed seeds with no tolerances 

applicable to their introduction in 

§ 361.6(a)(1), since a marine alga would 

not be found in seed shipments. 

The list of parasitic noxious weeds in 

§ 360.200(b) contains an entry for 

Cuscuta spp. but lists exceptions for 

species within that genus that are native 

to or widespread in the United States. 

Three of the species listed as exceptions 

under Cuscuta spp., C. jepsonii, C. 

occidentalis, and C. nevadensis, have 

been determined to be synonyms of 

three other species listed as 

exceptions—respectively, C. indecora, 

C. californica, and C. veatchii. (C. 

veatchii is currently listed in the 

regulations as C. vetchii; we would 

correct that error.) Accordingly, we 

would remove C. jepsonii, C. 

occidentalis, and C. nevadensis from the 

list of exceptions under Cuscuta spp. in 

§ 360.200(b). 

The names listed in the regulations 

for two species listed in § 360.200(c), 

the list of terrestrial noxious weeds, and 

§ 361.6(a)(1) are not the currently 

accepted botanical names. Accordingly, 

we would replace the entry for Digitaria 

scalarum with an entry for D. abyssinica 

in § 360.200(c) and replace the entry for 

Digitaria abyssinica (=D. scalarum) in 


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3As observed in the preceding paragraph, other 

agricultural and nonagricultural industries and 

resources can be negatively affected by the 

introduction of noxious weeds. The nursery and 

floriculture industries are representative of these 

other industries in terms of being comprised largely 

of small entities. 

§ 361.6(a)(1) with an entry that simply 

refers to D. abyssinica. In both 

§§ 360.200(c) and 361.6(a)(1), we would 

replace the entry for Mimosa invisa with 

an entry for M. diplotricha. 

Both §§ 360.200(c) and 361.6(a)(1) 

contain entries for Homeria spp. 

However, this genus, and several other 

genera from the family Iridaceae, have 

been reclassified and transferred to the 

large genus Moraea. The PRA that we 

prepared to help evaluate whether we 

should add Homeria spp. to the noxious 

weed list considered specific species 

within the genus Homeria. These 

species are now classified as Moraea 

collina, M. flaccida, M. miniata, M. 

ochroleuca, and M. pallida. 

Accordingly, we would update the 

regulations by removing the entry for 

Homeria spp. from both §§ 360.200(c) 

and 361.6(a)(1) and adding entries for 

M. collina, M. flaccida, M. miniata, M. 

ochroleuca, and M. pallida in its place. 

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 the purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

This proposal would make several 

changes to the regulations governing the 

importation and interstate movement of 

noxious weeds. It would add definitions 

of terms used in the regulations, add 

details regarding the process of applying 

for the permits used to import or move 

noxious weeds, add a requirement for 

the treatment of niger seed, and add 

provisions for petitioning to add a taxon 

to or remove a taxon from the noxious 

weed lists. These changes would update 

the regulations to reflect current 

statutory authority and program 

operations and improve the 

effectiveness of the regulations. The 

proposal would also add seven taxa to 

the list of terrestrial noxious weeds and 

to the list of seeds with no tolerances 

applicable to their introduction. This 

action would prevent the introduction 

or dissemination of these noxious weeds 

into or within the United States. 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), 

this analysis considers the impact on 

small businesses, small organizations, 

and small governmental jurisdictions. 

Section 603 of the Act requires agencies 

to prepare and make available for public 

comment an initial regulatory flexibility 

analysis (IRFA) describing the expected 

impact of proposed rules on small 

entities. Sections 603(b) and 603(c) of 

the Act specify the content of an IRFA. 

The IRFA requirements are addressed in 

the following sections. 

Reasons Action Is Being Considered 

To add clarity and provide 

transparency, it has become necessary to 

update and expand the regulations in 7 

CFR parts 360 and 361. Seven 

additional weeds that have been 

identified as noxious weeds need to be 

added to the noxious weeds list. The 

addition of these seven additional taxa 

to the noxious weeds list would help 

prevent their introduction into the 

United States or their spread into 

noninfested areas of the United States. 

In addition, the list of noxious weeds in 

the regulations needs to be updated. 

Updating the regulations would help 

ensure that the regulated community 

can easily determine what taxa may 

only be imported or moved interstate 

under a permit. 

Objectives and Legal Basis for the 

Proposed Rule 

The main objective of the proposed 

rule is to update the regulations that 

govern the movement of noxious weeds 

(7 CFR parts 360 and 361). This action 

is authorized by the PPA, which 

authorizes the Secretary of Agriculture 

to implement programs and policies 

designed to prevent the introduction 

and spread of plant pests and noxious 

weeds. Specifically, the Act authorizes 

the Secretary to regulate the importation 

and interstate movement of noxious 

weeds, which can damage crops, 

livestock, and other agricultural 

interests, as well as impede navigation 

and cause harm to irrigation systems, 

public health, and the environment. 

Description and the Number of Small 

Entities Regulated 

For the purpose of this analysis and 

following the Small Business 

Administration (SBA) guidelines, we 

note that a major segment of entities 

potentially affected by the proposed rule 

are classified within the following 

industries: Nursery and Tree Production 

(North American Industry Classification 

System [NAICS] code 111421), and 

Floriculture Production (NAICS 

111422).3 For these two industry 

categories, entities are considered small 

by SBA standards if annual sales are 

$750,000 or less. According to the 

Census of Agriculture, these two 

categories included 64,366 farms in 

2002, and represented 3 percent of all 

farms in the United States. Over 92 

percent of the farms had annual sales of 

less than $500,000 and by SBA 

standards are thus considered small. 

As there have been no previous 

restrictions on their importation other 

than the general restrictions on the 

importation of nursery stock in 

§§ 319.37 through 319.37–14, the seven 

new species that would be added to the 

noxious weed list may currently be 

imported into the United States as 

ornamental crops under certain 

conditions. However, based on the 

WRAs, these species are not known to 

be economically significant in the 

United States. Adding these noxious 

weeds to the regulations is not expected 

to have an economic effect on small 

entities in terms of restricting existing 

markets. However, APHIS welcomes 

public comment on the likely effects of 

the rule. 

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 proposed rule has been reviewed 

under Executive Order 12988, 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 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this proposed 

rule have been submitted for approval to 

the Office of Management and Budget 

(OMB). Please send written comments 

to the Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503. Please state that your comments 

refer to Docket No. APHIS–2007–0146. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2007–0146, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238, and (2) Clearance Officer, 

OCIO, USDA, Room 404–W, 14th Street 

and Independence Avenue, SW., 

Washington, DC 20250. A comment to 


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OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication of this proposed rule. 

We are proposing to make several 

changes to update the regulations 

governing the importation and interstate 

movement of noxious weeds. We would 

add definitions of terms used in the 

regulations, add requirements for the 

permits used to import or move noxious 

weeds, add a requirement for the 

treatment of niger seed, and add 

provisions for petitioning to add a taxon 

to or remove a taxon from the noxious 

weed lists. These actions will 

necessitate information collection for 

permits and for petitions to add a taxon 

to or remove a taxon from the noxious 

weed lists. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 16 hours per 

response. 

Respondents: Researchers. 

Estimated annual number of 

respondents: 2. 

Estimated annual number of 

responses per respondent: 1. 

Estimated annual number of 

responses: 2. 

Estimated total annual burden on 

respondents: 32 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects 

7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

7 CFR Part 352 

Customs duties and inspection, 

Imports, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation. 

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 proposing to 

amend 7 CFR parts 319, 352, 360, and 

361 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

§ 319.37–6 [Amended] 

2. In § 319.37–6, paragraph (c) is 

amended by adding the words ‘‘must be 

treated’’ after the word ‘‘States’’. 

PART 352—PLANT QUARANTINE 

SAFEGUARD REGULATIONS 

3. The authority citation for part 352 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 21 U.S.C. 136 and 136a; 31 U.S.C. 

9701; 7 CFR 2.22, 2.80, and 371.3. 

§ 352.2 [Amended] 

4. Section 352.2 is amended as 

follows: 

a. In paragraph (a), in the first 

sentence, by adding the words ‘‘noxious 

weeds,’’ after the words ‘‘plant pests,’’; 

and by removing the words ‘‘319 and 

330’’ and adding the words ‘‘319, 330, 

and 360’’ in their place. 

b. In paragraph (b), by removing the 

words ‘‘319 or 330’’ and adding the 

words ‘‘319, 330, or 360’’ in their place. 

§ 352.3 [Amended] 

5. Section 352.3 is amended as 

follows: 

a. In paragraphs (a) and (b), by adding 

the words ‘‘noxious weeds,’’ after the 

words ‘‘plant pests,’’ each time they 

occur. 

b. In paragraph (d), by adding the 

words ‘‘or noxious weed’’ before the 

word ‘‘dissemination.’’ 

§ 352.5 [Amended] 

6. Section 352.5 is amended as 

follows: 

a. By adding the words ‘‘noxious 

weeds,’’ after the words ‘‘plant pests,’’ 

each time they occur. 

b. In paragraph (d), by adding the 

words ‘‘, 330, and 360’’ after the words 

‘‘parts 319’’ each time they occur. 

§ 352.6 [Amended] 

7. Section 352.6 is amended as 

follows: 

a. In paragraph (a), by adding the 

words ‘‘(including noxious weeds)’’ 

before the period at the end of the 

paragraph heading. 

b. In paragraph (e), by adding the 

words ‘‘or noxious weed’’ before the 

word ‘‘dissemination’’ each time it 

occurs. 

§ 352.7 [Amended] 

8. Section 352.7 is amended by 

adding the words ‘‘(including noxious 

weeds)’’ after the word ‘‘products’’ the 

first time it occurs. 

§ 352.9 [Amended] 

9. Section 352.9 is amended by 

adding the words ‘‘noxious weeds,’’ 

after the words ‘‘plant pests,’’. 

§ 352.10 [Amended] 

10. Section 352.10 is amended as 

follows: 

a. In paragraphs (a) and (b)(1), by 

removing the words ‘‘part 319 or 330’’ 

each time they occur and adding the 

words ‘‘parts 319, 330, or 360’’ in their 

place. 

b. In paragraphs (b)(1), (b)(2), and (c), 

by adding the words ‘‘or noxious weed’’ 

before the word ‘‘dissemination’’ each 

time it occurs. 


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1One or more of the common names of weeds are 

given in parentheses after most scientific names to 

help identify the weeds represented by such 

scientific names; however, a scientific name is 

intended to include all subordinate taxa within the 

taxon. For example, taxa listed at the genus level 

include all species, subspecies, varieties, and forms 

within the genus; taxa listed at the species level 

include all subspecies, varieties, and forms within 

the species. 

c. In paragraph (b)(2), by removing the 

words ‘‘319 and 330’’ and adding the 

words ‘‘319, 330, or 360’’ in their place. 

§ 352.11 [Amended] 

11. In § 352.11, paragraph (a)(1) is 

amended by adding the words ‘‘noxious 

weeds,’’ after the words ‘‘plant pests,’’. 

§ 352.13 [Amended] 

12. Section 352.13 is amended as 

follows: 

a. By adding the words ‘‘noxious 

weeds,’’ after the words ‘‘plant pests,’’. 

b. By removing the words ‘‘319 or 

330’’ and adding the words ‘‘319, 330, 

or 360’’ in their place. 

§ 352.15 [Amended] 

13. Section 352.15 is amended by 

adding the words ‘‘or noxious weed’’ 

before the word ‘‘dissemination’’. 

PART 360—NOXIOUS WEED 

REGULATIONS 

14. The authority citation for part 360 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

15. Section 360.100 is amended as 

follows: 

a. By removing the introductory text 

of paragraph (b). 

b. By redesignating paragraph (a) as 

undesignated introductory text. 

c. By adding, in alphabetical order, 

new definitions of Administrator, 

APHIS, interstate, move, noxious weed, 

permit, person, responsible person, 

State, taxon (taxa), through the United 

States, and United States to read as set 

forth below. 

d. By removing the definition of 

Deputy Administrator. 

§ 360.100 Definitions. 

* * * * * 

Administrator. The Administrator, 

Animal and Plant Health Inspection 

Service, or any individual authorized to 

act for the Administrator. 

APHIS. The Animal and Plant Health 

Inspection Service, United States 

Department of Agriculture. 

* * * * * 

Interstate. From one State into or 

through any other State; or within the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

Move. To carry, enter, import, mail, 

ship, or transport; to aid, abet, cause, or 

induce the carrying, entering, importing, 

mailing, shipping, or transporting; to 

offer to carry, enter, import, mail, ship, 

or transport; to receive to carry, enter, 

import, mail, ship, or transport; to 

release into the environment; or to allow 

any of the activities described in this 

definition. 

Noxious weed. 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, the natural resources of the 

United States, the public health, or the 

environment. 

Permit. A written authorization, 

including by electronic methods, by the 

Administrator to move plants, plant 

products, biological control organisms, 

plant pests, noxious weeds, or articles 

under conditions prescribed by the 

Administrator. 

Person. Any individual, partnership, 

corporation, association, joint venture, 

or other legal entity. 

* * * * * 

Responsible person. The person who 

has control over and will maintain 

control over the movement of the 

noxious weed and assure that all 

conditions contained in the permit and 

requirements in this part are complied 

with. A responsible person must be at 

least 18 years of age and must be a legal 

resident of the United States or 

designate an agent who is at least 18 

years of age and a legal resident of the 

United States. 

State. Any of the several States of the 

United States, the Commonwealth of the 

Northern Mariana Islands, the 

Commonwealth of Puerto Rico, the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

Taxon (taxa). Any grouping within 

botanical nomenclature, such as family, 

genus, species, or cultivar. 

Through the United States. From and 

to places outside the United States. 

United States. All of the States. 

16. Section 360.200 is amended as 

follows: 

a. By revising the introductory text, 

including footnote 1, to read as set forth 

below. 

b. In paragraph (a), by revising the 

entries for ‘‘Caulerpa taxifolia 

(Mediterranean clone),’’ ‘‘Eichornia 

azurea (Swarth) Kunth,’’ and 

‘‘Melaleuca quenquinervia (Cav.) Blake’’ 

to read as set forth below. 

c. In paragraph (b), by removing the 

entries for ‘‘Cuscuta jepsonii Yuncker,’’ 

‘‘Cuscuta nevadensis I.M. Johnston,’’ 

and ‘‘Cuscuta occidentalis Millspaugh 

ex Mill & Nuttall;’’ and by revising the 

entries for ‘‘Cuscuta ceanothii Behr,’’ 

‘‘Cuscuta cephalanthii Engelmann;’’ 

‘‘Cuscuta corylii Engelmann;’’ ‘‘Cuscuta 

exalta Engelmann;’’ ‘‘Cuscuta 

obtusiflora Humboldt, Bonpland, & 

Kunth,’’ ‘‘Cuscuta rostrata Shuttleworth 

ex Engelmann,’’ ‘‘Cuscuta umbellata 

Humboldt, Bonpland, & Kunth,’’ and 

‘‘Cuscuta vetchii Brandegee’’ to read as 

set forth below. 

d. In paragraph (c), by removing the 

entries for ‘‘Digitaria scalarum 

(Schweinfurth) Chiovenda (African 

couchgrass, fingergrass),’’ ‘‘Homeria 

spp.,’’ and ‘‘Mimosa invisa Martius 

(giant sensitive plant)’’. 

e. In paragraph (c), by revising the 

entries for ‘‘Digitaria velutina (Forsskal) 

Palisot de Beauvois (velvet fingergrass, 

annual conchgrass),’’ ‘‘Drymaria 

arenariodes Humboldt & Bonpland ex 

Roemer & Schultes (lightning weed),’’ 

‘‘Imperata cylindrica (Linnaeus) 

Raeuschel (cogongrass),’’ ‘‘Mikania 

micrantha Humboldt, Bonpland, & 

Kunth,’’ ‘‘Prosopis farcta (Solander ex 

Russell) Macbride,’’ ‘‘Prosopis pallida 

(Humboldt & Bonpland ex Willdenow) 

Humboldt, Bonpland, & Kunth,’’ 

‘‘Setaria pallide-fusca (Schumacher) 

Stapf & Hubbard (cattail grass),’’ and 

‘‘Spermacoce alata (Aublet) de 

Candolle’’ to read as set forth below. 

f. In paragraph (c), by adding, in 

alphabetical order, entries for ‘‘Acacia 

nilotica (Linnaeus) Wildenow ex Delile 

(prickly acacia),’’ ‘‘Ageratina riparia 

(Regel) R.M. King and H. Robinson 

(mistflower),’’ ‘‘Arctotheca calendula 

(Linnaeus) Levyns (capeweed),’’ 

‘‘Digitaria abyssinica (Hochstetter ex A. 

Richard) Stapf (African couchgrass, 

fingergrass),’’ ‘‘Euphorbia terracina 

Linnaeus (false caper),’’ ‘‘Inula 

britannica Linnaeus (British 

elecampane),’’ ‘‘Mimosa diplotricha C. 

Wright (giant sensitive-plant),’’ ‘‘Moraea 

collina Thunberg (apricot tulp),’’ 

‘‘Moraea flaccida (Sweet) Steudel (oneleaf Cape-tulip),’’ ‘‘Moraea miniata 

Andrews (two-leaf Cape-tulip),’’ 

‘‘Moraea ochroleuca (Salisbury) Drapiez 

(red tulp),’’ ‘‘Moraea pallida (Baker) 

Goldblatt (yellow tulp),’’ ‘‘Onopordum 

acaulon Linnaeus (stemless thistle),’’ 

and ‘‘Onopordum illyricum Linnaeus 

(Illyrian thistle)’’. 

§ 360.200 Designation of noxious weeds. 

The Administrator has determined 

that it is necessary to designate the 

following plants 1 as noxious weeds to 

prevent their introduction into the 


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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 27465 

2 Information on applying for a permit to import 

a noxious weed into the United States is available 

at http://www.aphis.usda.gov/plant_health/permits/ 

plantproducts.shtml. 

3 Information on applying for a permit to move a 

noxious weed interstate is available at http:// 

www.aphis.usda.gov/plant_health/permits/ 

plantproducts.shtml. 

United States or their dissemination 

within the United States: 

(a) * * * 

Caulerpa taxifolia (Vahl) C. Agardh, 

Mediterranean strain (killer algae) 

* * * * * 

Eichhornia azurea (Swartz) Kunth 

* * * * * 

Melaleuca quinquenervia (Cavanilles) 

S.T. Blake 

* * * * * 

(b) * * * 

Cuscuta ceanothi Behr 

Cuscuta cephalanthi Engelmann 

* * * * * 

Cuscuta coryli Engelmann 

* * * * * 

Cuscuta exaltata Engelmann 

* * * * * 

Cuscuta obtusiflora Kunth 

* * * * * 

Cuscuta rostrata Shuttleworth ex 

Engelmann & Gray 

* * * * * 

Cuscuta umbellata Kunth 

* * * * * 

Cuscuta veatchii Brandegee 

* * * * * 

(c) * * * 

Digitaria velutina (Forsskal) Palisot de 

Beauvois (velvet fingergrass, annual 

couchgrass) 

Drymaria arenariodes Humboldt & 

Bonpland ex J.A. Schultes (lightning 

weed) 

* * * * * 

Imperata cylindrica (Linnaeus) Palisot 

de Beauvois (cogongrass) 

* * * * * 

Mikania micrantha Kunth 

* * * * * 

Prosopis farcta (Banks & Solander) J.F. 

Macbride 

* * * * * 

Prosopis pallida (Humboldt & Bonpland 

ex Willdenow) Kunth 

* * * * * 

Setaria pumila (Poir.) Roem. & Schult. 

subsp. pallidefusca (Schumach.) B.K. 

Simon (cattail grass) 

* * * * * 

Spermacoce alata Aublet 

* * * * * 

17. Section 360.300 is revised to read 

as follows: 

§ 360.300 Notice of restrictions on 

movement of noxious weeds. 

(a) No person may move a Federal 

noxious weed into or through the 

United States, or interstate, unless: 

(1) He or she applies for a permit to 

move a noxious weed in accordance 

with § 360.301; 

(2) The permit application is 

approved; and 

(3) The movement is consistent with 

the specific conditions contained in the 

permit. 

(b) Persons who move noxious weeds 

into or through the United States, or 

interstate, without complying with 

paragraph (a) of this section will be 

subject to such criminal and civil 

penalties as are provided by the Plant 

Protection Act (7 U.S.C. 7701 et seq.). 

(Approved by the Office of Management 

and Budget under control number 0579– 

0054) 

18. New §§ 360.301 through 360.305, 

360.400, 360.500, and 360.501 are 

added to read as follows: 

§ 360.301 Information required for 

applications for permits to move noxious 

weeds. 

(a) Permit to import a noxious weed 

into the United States. A responsible 

person must apply for a permit to 

import a noxious weed into the United 

States.2 The application must include 

the following information: 

(1) The responsible person’s name, 

address, telephone number, and (if 

available) e-mail address; 

(2) The taxon of the noxious weed; 

(3) Plant parts to be moved; 

(4) Quantity of noxious weeds to be 

moved per shipment; 

(5) Proposed number of shipments per 

year; 

(6) Origin of the noxious weeds; 

(7) Destination of the noxious weeds; 

(8) Whether the noxious weed is 

established in the State of destination; 

(9) Proposed method of shipment; 

(10) Proposed port of first arrival in 

the United States; 

(11) Approximate date of arrival; 

(12) Intended use of the noxious 

weeds; 

(13) Measures to be employed to 

prevent danger of noxious weed 

dissemination; and 

(14) Proposed method of final 

disposition of the noxious weeds. 

(b) Permit to move noxious weeds 

interstate. A responsible person must 

apply for a permit to move a noxious 

weed interstate.3 The application must 

include the following information: 

(1) The responsible person’s name, 

address, telephone number, and (if 

available) e-mail address; 

(2) The taxon of the noxious weed; 

(3) Plant parts to be moved; 

(4) Quantity of noxious weeds to be 

moved per shipment; 

(5) Proposed number of shipments per 

year; 

(6) Origin of the noxious weeds; 

(7) Destination of the noxious weeds; 

(8) Whether the noxious weed is 

established in the State of destination; 

(9) Proposed method of shipment; 

(10) Approximate date of movement; 

(11) Intended use of the noxious 

weeds; 

(12) Measures to be employed to 

prevent danger of noxious weed 

dissemination; and 

(13) Proposed method of final 

disposition of the noxious weeds. 

(c) Permits to move noxious weeds 

through the United States. Permits to 

move noxious weeds through the United 

States must be obtained in accordance 

with part 352 of this chapter. 

§ 360.302 Consideration of applications for 

permits to move noxious weeds. 

Upon the receipt of an application 

made in accordance with § 360.301 for 

a permit for movement of a noxious 

weed into the United States or 

interstate, the Administrator will 

consider the application on its merits. 

(a) Consultation. The Administrator 

may consult with other Federal agencies 

or entities, States or political 

subdivisions of States, national 

governments, local governments in 

other nations, domestic or international 

organizations, domestic or international 

associations, and other persons for 

views on the danger of noxious weed 

dissemination into the United States, or 

interstate, in connection with the 

proposed movement. 

(b) Inspection of premises. The 

Administrator may inspect the site 

where noxious weeds are proposed to be 

handled in connection with or after 

their movement under permit to 

determine whether existing or proposed 

facilities will be adequate to prevent 

noxious weed dissemination if a permit 

is issued. 

§ 360.303 Approval of an application for a 

permit to move a noxious weed; conditions 

specified in permit. 

The Administrator will approve or 

deny an application for a permit to 

move a noxious weed. If the application 

is approved, the Administrator will 

issue the permit including any 

conditions that the Administrator has 

determined are necessary to prevent 

dissemination of noxious weeds into the 

United States or interstate. Such 

conditions may include requirements 

for inspection of the premises where the 

noxious weed is to be handled after its 

movement under the permit, to 

determine whether the facilities there 

are adequate to prevent noxious weed 


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27466 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

4Criteria for the approval of heat treatment 

facilities are contained in part 305 of this chapter. 

dissemination and whether the 

conditions of the permit are otherwise 

being observed. Before the permit is 

issued, the Administrator will require 

the responsible person to agree in 

writing to the conditions under which 

the noxious weed will be safeguarded. 

§ 360.304 Denial of an application for a 

permit to move a noxious weed; 

cancellation of a permit to move a noxious 

weed. 

(a) The Administrator may deny an 

application for a permit to move a 

noxious weed when the Administrator 

determines that: 

(1) No safeguards adequate or 

appropriate to prevent dissemination of 

the noxious weed can be implemented; 

or 

(2) The destructive potential of the 

noxious weed, should it escape despite 

proposed safeguards, outweighs the 

probable benefits to be derived from the 

proposed movement and use of the 

noxious weed; or 

(3) The responsible person, or the 

responsible person’s agent, as a previous 

permittee, failed to maintain the 

safeguards or otherwise observe the 

conditions prescribed in a previous 

permit and failed to demonstrate the 

ability or intent to observe them in the 

future; or 

(4) The movement could impede an 

APHIS eradication, suppression, 

control, or regulatory program; or 

(5) A State plant regulatory official 

objects to the issuance of the permit on 

the grounds that granting the permit 

will pose a risk of dissemination of the 

noxious weed into the State. 

(b) The Administrator may cancel any 

outstanding permit when: 

(1) After the issuance of the permit, 

information is received that constitutes 

cause for the denial of an application for 

permit under paragraph (a) of this 

section; or 

(2) The responsible person has not 

maintained the safeguards or otherwise 

observed the conditions specified in the 

permit. 

(c) If a permit is orally canceled, 

APHIS will provide the reasons for the 

withdrawal of the permit in writing 

within 10 days. Any person whose 

permit has been canceled or any person 

who has been denied a permit may 

appeal the decision in writing to the 

Administrator within 10 days after 

receiving the written notification of the 

cancellation or denial. The appeal must 

state all of the facts and reasons upon 

which the person relies to show that the 

permit was wrongfully canceled or 

denied. The Administrator will grant or 

deny the appeal, in writing, stating the 

reasons for the decision as promptly as 

circumstances allow. If there is a 

conflict as to any material fact, a hearing 

will be held to resolve the conflict. 

Rules of practice concerning such a 

hearing will be adopted by the 

Administrator. 

§ 360.305 Disposal of noxious weeds when 

permits are canceled. 

When a permit for the movement of 

a noxious weed is canceled by the 

Administrator and not reinstated under 

§ 360.304(c), further movement of the 

noxious weed covered by the permit 

into or through the United States, or 

interstate, is prohibited unless 

authorized by another permit. The 

responsible person must arrange for 

disposal of the noxious weed in 

question in a manner that the 

Administrator determines is adequate to 

prevent noxious weed dissemination. 

The Administrator may seize, 

quarantine, treat, apply other remedial 

measures to, destroy, or otherwise 

dispose of, in such manner as the 

Administrator deems appropriate, any 

noxious weed that is moved without 

compliance with any conditions in the 

permit or after the permit has been 

canceled whenever the Administrator 

deems it necessary in order to prevent 

the dissemination of any noxious weed 

into or within the United States. 

§ 360.400 Treatments. 

(a) Seeds of Guizotia abyssinica (niger 

seed) are commonly contaminated with 

noxious weed seeds listed in § 360.200, 

including (but not limited to) Cuscuta 

spp. Therefore, Guizotia abyssinica 

seeds may be imported into the United 

States only if: 

(1) They are treated in accordance 

with part 305 of this chapter at the time 

of arrival at the port of first arrival in the 

United States; or 

(2) They are treated prior to shipment 

to the United States at a facility that is 

approved by APHIS 4 and that operates 

in compliance with a written agreement 

between the treatment facility owner 

and the plant protection service of the 

exporting country, in which the 

treatment facility owner agrees to 

comply with the provisions of § 319.37– 

6 and allow inspectors and 

representatives of the plant protection 

service of the exporting country access 

to the treatment facility as necessary to 

monitor compliance with the 

regulations. Treatments must be 

certified in accordance with the 

conditions described in § 319.37–13(c) 

of this chapter. 

(b) [Reserved] 

§ 360.500 Petitions to add a taxon to the 

noxious weed list. 

A person may petition the 

Administrator to have a taxon added to 

the noxious weeds lists in § 360.200. 

Details of the petitioning process for 

adding a taxon to the lists are available 

on the Internet at http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/weeds/downloads/ 

listingguide.pdf. Persons who submit a 

petition to add a taxon to the noxious 

weed lists must provide their name, 

address, telephone number, and (if 

available) e-mail address. Persons who 

submit a petition to add a taxon to the 

noxious weed lists are encouraged to 

provide the following information, 

which can help speed up the review 

process and help APHIS determine 

whether the specified plant taxon 

should be listed as a noxious weed: 

(a) Identification of the taxon. (1) The 

taxon’s scientific name and author; 

(2) Common synonyms; 

(3) Botanical classification; 

(4) Common names; 

(5) Summary of life history; 

(6) Native and world distribution; 

(7) Distribution in the United States, 

if any (specific States, localities, or 

Global Positioning System coordinates); 

(8) Description of control efforts, if 

established in the United States; and 

(9) Whether the taxon is regulated at 

the State or local level. 

(b) Potential consequences of the 

taxon’s introduction or spread. (1) The 

taxon’s habitat suitability in the United 

States (predicted ecological range); 

(2) Dispersal potential (biological 

characteristics associated with 

invasiveness); 

(3) Potential economic impacts (e.g., 

potential to reduce crop yields, lower 

commodity values, or cause loss of 

markets for U.S. goods); and 

(4) Potential environmental impacts 

(e.g., impacts on ecosystem processes, 

natural community composition or 

structure, human health, recreation 

patterns, property values, or use of 

chemicals to control the taxon). 

(c) Likelihood of the taxon’s 

introduction or spread. (1) Potential 

pathways for the taxon’s movement into 

and within the United States; and 

(2) The likelihood of survival and 

spread of the taxon within each 

pathway. 

(d) List of references. 

§ 360.501 Petitions to remove a taxon from 

the noxious weed lists. 

A person may petition the 

Administrator to remove a taxon from 

the noxious weeds lists in § 360.200. 

Details of the petitioning process for 

removing a taxon from the lists are 


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available at http://www.aphis.usda.gov/ 

plant_health/plant_pest_info/weeds/

downloads/delistingguide.pdf. Persons 

who submit a petition to remove a taxon 

from the noxious weed lists would be 

required to provide their name, address, 

telephone number, and (if available) email address. Persons who submit a 

petition to remove a taxon from the 

noxious weed lists are encouraged to 

provide the following information, 

which can help speed up the review 

process and help APHIS determine 

whether the specified plant taxon 

should not be listed as a noxious weed: 

(a) Evidence that the species is 

distributed throughout its potential 

range or has spread too far to implement 

effective control. 

(b) Evidence that control efforts have 

been unsuccessful and further efforts are 

unlikely to succeed. 

(c) For cultivars of a listed noxious 

weed, scientific evidence that the 

cultivar has a combination of risk 

elements that result in a low pest risk. 

For example, the cultivar may have a 

narrow habitat suitability, low dispersal 

potential, evidence of sterility, inability 

to cross-pollinate with introduced wild 

types, or few if any potential negative 

impacts on the economy or environment 

of the United States. 

(d) List of references. 

PART 361—IMPORTATION OF SEED 

AND SCREENINGS UNDER THE 

FEDERAL SEED ACT 

19. 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 371.3. 

20. In § 361.6, paragraph (a)(1) is 

amended as follows: 

a. By removing the entries for 

‘‘Caulerpa taxifolia (Mediterranean 

clone)’’, ‘‘Homeria spp.’’, and ‘‘Mimosa 

invisa Martius’’. 

b. By revising the entries for 

‘‘Digitaria abyssinica (=D. scalarum)’’, 

‘‘Drymaria arenariodes Humboldt & 

Bonpland ex Roemer & Schultes’’, 

‘‘Imperata cylindrica (L.) Raeuschel’’, 

‘‘Mikania micrantha Humboldt, 

Bonpland, & Kunth’’, ‘‘Prosopis farcta 

(Solander ex Russell) Macbride’’, 

‘‘Prosopis pallida (Humboldt & 

Bonpland ex Willdenow) Humboldt, 

Bonpland, & Kunth’’, ‘‘Setaria pallidefusca (Schumacher) Stapf & Hubbard’’, 

and ‘‘Spermacoce alata (Aublet) de 

Candolle’’ to read as set forth below. 

c. By adding, in alphabetical order, 

entries for ‘‘Acacia nilotica (Linnaeus) 

Wildenow ex Delile’’, ‘‘Ageratina 

riparia (Regel) R.M. King and H. 

Robinson’’, ‘‘Arctotheca calendula 

(Linnaeus) Levyns’’, ‘‘Digitaria 

abyssinica (Hochstetter ex A. Richard) 

Stapf’’, ‘‘Euphorbia terracina Linnaeus’’, 

‘‘Inula britannica Linnaeus’’, ‘‘Mimosa 

diplotricha C. Wright’’, ‘‘Moraea collina 

Thunberg’’, ‘‘Moraea flaccida (Sweet) 

Steudel’’, ‘‘Moraea miniata Andrews’’, 

‘‘Moraea ochroleuca (Salisbury) 

Drapiez’’, ‘‘Moraea pallida (Baker) 

Goldblatt’’, ‘‘Onopordum acaulon 

Linnaeus’’, and ‘‘Onopordum illyricum 

Linnaeus’’. 

§ 361.6 Noxious weed seeds. 

(a) * * * 

(1) * * * 

Digitaria abyssinica (Hochstetter ex A. 

Richard) Stapf 

* * * * * 

Drymaria arenariodes Humboldt & 

Bonpland ex J.A. Schultes 

* * * * * 

Imperata cylindrica (Linnaeus) Palisot 

de Beauvois 

* * * * * 

Mikania micrantha Kunth 

* * * * * 

Prosopis farcta (Banks & Solander) J.F. 

Macbride 

* * * * * 

Prosopis pallida (Humboldt & Bonpland 

ex Willdenow) Kunth 

* * * * * 

Setaria pumila (Poir.) Roem. & Schult. 

subsp. pallidefusca (Schumach.) B.K. 

Simon 

* * * * * 

Spermacoce alata Aublet 

* * * * * 

Done in Washington, DC, this 3rd day of 

June 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–13507 Filed 6–9–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1220 

[Doc. No. AMS–LS–09–0026] 

Soybean Promotion and Research: 

Amend the Order To Adjust 

Representation on the United Soybean 

Board 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

adjust the number of members on the 

United Soybean Board (Board) to reflect 

changes in production levels that have 

occurred since the Board was last 

reapportioned in 2006. As required by 

the Soybean Promotion, Research, and 

Consumer Information Act (Act), 

membership on the Board is reviewed 

every 3 years and adjustments are made 

accordingly. This proposed change 

would result in an increase in Board 

membership for one State, increasing 

the total number of Board members from 

68 to 69. These changes would be 

reflected in the Soybean Promotion and 

Research Order (Order) and would be 

effective for the 2010 appointment 

process. 

DATES: Comments must be received by 

August 10, 2009. 

ADDRESSES: Comments should be posted 

online at http://www.regulations.gov. 

Comments received will be posted 

without change, including any personal 

information provided. All comments 

should reference the docket number, 

AMS–LS–09–0026; the date of 

submission; and the page number of this 

issue of the Federal Register. Comments 

may also be sent to Kenneth R. Payne, 

Chief, Marketing Programs Branch, 

Livestock and Seed Program, 

Agricultural Marketing Service (AMS), 

Department of Agriculture (USDA), 

Room 2628–S, STOP 0251, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0251. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth R. Payne, Chief, Marketing 

Programs Branch, Livestock and Seed 

Program, AMS, USDA, Room 2628–S, 

STOP 0251, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0251; Telephone 202/720–1115; Fax 

202/720–1125; or e-mail to 

Kenneth.Payne@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. 

Executive Order 12988 

This proposed rule was reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have a retroactive effect. This action 

would not preempt any State or local 

laws, regulations, or policies unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 1971 of the Act, a person subject 

to the Order may file a petition with 

USDA stating that the Order, any 

provision of the Order, or any obligation 

imposed in connection with the Order, 


erowe on PROD1PC63 with PROPOSALS-1