[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Rules and Regulations]
[Page 35378-35381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn06-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 360 and 361
[Docket No. APHIS-2006-0019]
Noxious Weeds; South African Ragwort and Madagascar Ragwort
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the noxious weed and imported seed regulations
by adding South African ragwort (Senecio inaequidens DC.) and
Madagascar ragwort (Senecio madagascariensis Poir.) to the list of
terrestrial noxious weeds and to the list of seeds with no tolerances
applicable to their introduction. This action is necessary to prevent
the artificial spread of these noxious weeds into the United States.
DATES: This interim rule is effective June 14, 2006. We will consider
all comments that we receive on or before August 21, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www/regulations.gov
and, in the lower ``Search Regulations and Federal
Actions'' box, select ``Animal and Plant Health Inspection Service''
from the agency drop-down menu, then click on ``Submit.'' In the Docket
ID column, select APHIS-2006-0019 to submit or view public comments and
to view supporting and related materials available electronically.
Information on using Regulations.gov, including instructions for
accessing documents, submitting comments, and viewing the docket after
the close of the comment period, is available through the site's ``User
Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0019, 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-2006-0019.
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, Invasive Species and Pest Management, PPQ, APHIS,
4700 River Road Unit 134, Riverdale, MD 20737-1237; (301) 734-5225.
SUPPLEMENTARY INFORMATION:
Background
The Plant Protection Act (PPA, 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, which prohibit or restrict
the importation and interstate movement of those plants that are
designated as noxious weeds in Sec. 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 Sec. 361.6. Paragraph (a)(1) of Sec. 361.6
lists species of noxious weed seeds with no tolerances applicable to
their introduction into the United States.
APHIS lists in its regulations only those weeds that meet the
international definition of a quarantine pests, i.e., ``a pest of
potential economic importance to the area endangered thereby and not
yet present there, or present but not widely distributed and being
officially
[[Page 35379]]
controlled.'' This practice is consistent with the International Plant
Protection Convention (IPPC), to which the United States is a
signatory. Under the IPPC, a country may prohibit or restrict
importation of quarantine pests or, in the case of contaminants in
plants for planting, regulated nonquarantine pests. This practice is
also consistent with sections 414 and 415 of the PPA, which authorize
the Secretary to take general remedial measures or to declare an
extraordinary emergency if necessary to prevent the introduction or
spread of plant pests or noxious weeds that are new to or not known to
be prevalent or distributed widely within and throughout the United
States.
In this document, we are amending the regulations by adding South
African ragwort (Senecio inaequidens DC.) and Madagascar ragwort
(Senecio madagascariensis Poir.) to the list in Sec. 360.200(c) of
terrestrial noxious weeds and to the list in Sec. 361.6(a)(1) of seeds
with no tolerances applicable to their introduction. We are taking this
action based on information, discussed below, that strongly suggests
that S. inaequidens and S. madagascariensis pose a serious threat to
U.S. agriculture and the natural resources of the United States.
This information is also available in the weed risk assessment
document, which may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site
(see ADDRESSES above for instructions for accessing Regulations.gov).
S. inaequidens is a perennial plant with narrow leaves and bright
yellow flowers that is native to the Transvaal and Natal provinces of
South Africa. It also occurs in Botswana, Lesotho, Mozambique, Namibia,
and Swaziland, though it is unclear whether it is native to those
areas. Because it is considered an invasive species even in its native
habitat, it is possible that it has spread to other areas in southern
Africa in recent years.
It is estimated that S. inaequidens produces more than 10,000 seeds
per plant per year and seeds may remain viable in the soil for months
or years. There are numerous pathways of dispersal, including by wind,
in soil, in seed, and as a hitchhiker on containers, vehicles,
agricultural machinery, agricultural products such as wool and hay, and
on animals. S. inaequidens was accidentally introduced to Europe with
imports of wool as early as 1889. It now occupies a wide range of
habitats within Europe, including along roads, railways, riverbanks,
forest clearings, croplands, mountain slopes, vineyards, grasslands,
wetlands, tree plantations, pastures, and areas disturbed by fire. S.
inaequidens is also present in Mexico. It is highly adaptable and able
to withstand hot, dry summers and overwinter in areas where
temperatures reach -15 [deg]C (5 [deg]F).
Like S. inaequidens, S. madagascariensis is an invasive perennial
plant native to South Africa with yellow flowers and a highly branched
stem. In addition, it may also be capable of producing over 10,000
seeds per plant per year, which are easily dispersed by the wind or may
hitchhike on other surfaces and objects. These seeds may remain viable
in the soil for up to 10 years. Recent studies suggest S. inaequidens
and S. madagascariensis may represent one species; however, a formal
taxonomic study has not been conducted to resolve this issue.
Therefore, we have evaluated the two taxa as separate, but similar
species.
S. madagascariensis now occupies parts of Argentina, Hawaii, Japan,
and many coastal regions in Australia. The earliest record of S.
madagascariensis in Australia is in 1918, when it was probably
introduced in ballast. In the 1980s it was introduced to the island of
Hawaii, where it is considered a State noxious weed and is under
official control. Since its introduction, it has spread to the islands
of Kauai, Maui, Oahu, and Kahoolawe, invading pastures, yards,
roadsides, natural areas, abandoned fields, and newly developed lots
from sea level to as high as 7,000 feet in elevation.
Both S. inaequidens and S. madagascariensis produce toxic
alkaloids. Although livestock may not typically eat S. inaequidens or
S. madagascariensis due to their bitter taste, young plants growing
intermixed with other pasture species may be inadvertently ingested. S.
madagascariensis has been shown to retard the growth and development of
cattle if eaten, and in some acute cases, can cause livestock
mortality. In Africa, S. inaequidens alkaloids have been found in milk
and bread and may have resulted in some lethal poisoning of humans. If
either species were to become established in the United States, the
United States may experience a loss in domestic and foreign grain,
cattle, hay, and dairy markets due to toxic alkaloid contamination.
Because it forms dense populations of 5 to 15 plants per square
meter (approximately 11 square feet), S. inaequidens can exert
competitive pressure on native species, primarily through shading.
Evidence suggests that it outcompetes some herbs. Therefore, it may
have a negative impact on biodiversity, although this has not yet been
tested.
The United States contains dozens of native species of Senecio, two
of which are federally listed as threatened. These native species live
in a variety of habitats, including those favorable to the
establishment of S. inaequidens and S. madagascariensis. If S.
inaequidens or S. madagascariensis become established in the United
States, they would likely invade these habitats, threatening the
existence of those species through competition or indirectly through
hybridization. Many species of Senecio freely interbreed if they come
in contact with each other.
Although mechanical and chemical control measures are available,
they may not be easy to apply due to the often inaccessible habitats S.
inaequidens and S. madagascariensis can occupy. In addition, such
control measures are likely to be costly. In 1995, it is estimated that
S. madagascariensis cost the Australian dairy industry AU $10 million
per year in control and production costs.
The United States imports many commodities, such as uncleaned wool,
on which seeds of S. inaequidens or S. madagascariensis could hitch-
hike from countries in which these species are known to exist. It is
highly likely that some contaminated shipments have already entered the
United States given that the infestations of S. madagascariensis in
Hawaii resulted from contaminated hydromulch that traveled through the
Los Angeles ports from Australia. APHIS has not kept records of any
interception of these species because neither species is listed as a
Federal noxious weed. This is a concern for the agency because APHIS
has no way of knowing how many shipments contaminated with S
inaequidens or S. madagascariensis may have already entered the United
States. Once the species do enter the United States, it is not clear
how quickly they can acclimate to their new environment. If either S.
inaequidens or S. madagascariensis were introduced into the United
States in the near future, it could take a few years before the plants
begin to spread far enough to be detected at which point the invasive
species will already be established.
In addition, as S. madagascariensis is capable of interbreeding
with S. inaequidens and some studies suggest that they may represent
the same species, we have determined that S. madagascariensis poses as
high of a risk of introduction into the United States as S.
inaequidens. The introduction and establishment of S. inaequidens or S.
madagascariensis in the United States
[[Page 35380]]
could lead to adverse impacts, such as reduced crop and livestock
yield, lower commodity values, loss of foreign markets due to the
presence of a quarantine pest, and costly chemical control programs.
Therefore, we have determined that it is necessary, on an emergency
basis, to amend the regulations in Sec. Sec. 360.200 and 361.6 to list
S. inaequidens and S. madagascariensis as noxious weeds in order to
help prevent their artificial spread into the United States.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
introduction of S. inaequidens and S. madagascariensis into the United
States. Under these circumstances, the Administrator has determined
that prior notice and opportunity for public comment are contrary to
the public interest and that there is good cause under 5 U.S.C. 553 for
making this rule effective less than 30 days after publication in the
Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the noxious weed and imported seed regulations by
adding S. inaequidens (South African ragwort) and S. madagascariensis
(Madagascar ragwort) to the list of terrestrial noxious weeds and to
the list of seeds with no tolerances applicable to their introduction.
This action which is necessary to prevent the artificial spread of
these noxious weeds into the United States, is expected to have only
minor, if any, economic effects on U.S. entities.
Neither South African ragwort nor Madagascar ragwort is used for
ornamental, medicinal, or other purposes. As such, the introduction of
either weed would provide no benefit to U.S. agriculture or other
industries. The European and Mediterranean Plant Protection
Organization has identified wool and wildflower seed mixes as potential
pathways for the dissemination of Senecio spp. seeds. This interim
rule, therefore, may result in additional costs for importers whose
shipments of wildflower mixes are seized or whose wool shipments must
be decontaminated due to contamination with S. inaequidens or S.
madagascariensis seeds.
Importers of wool and wildflowers are classified as part of the
wholesale trade sector in the North American Industry Classification
System (NAICS). The wholesale trade sector is an integral part in the
process of trading because it is an intermediate step in the
distribution of merchandise. Both merchant wholesalers and import/
export agents or brokers are classified in this sector.
The size distribution of merchant wholesalers that may be affected
by the rule is unknown. However, it is reasonable to assume that most
are small in size according to the U.S. Small Business Administration's
standards. The small business size standard for entities classified
under NAICS code 424590 (Other Farm Product Raw Material Merchant
Wholesalers) is 100 or fewer employees. There are 43 raw wool wholesale
trading establishments in the United States, for which trade of wool,
wool tops, and mohair account for 73.3 percent of their total sales.
Although no clear data exist to verify that these firms are small
entities, the total average number of employees per establishment of
other farm product raw material merchant wholesalers in 2002 was seven
employees per firm. In 2004, the United States imported approximately
22.7 million pounds of wool, primarily from New Zealand and Australia.
Madagascar ragwort is prevalent in Australia, where it has led to
higher costs of production in the dairy, beef, and horse production
sectors. Although the United States is a net importer of wool, imports
declined by 10 percent in 2005, while exports increased by 17 percent,
suggesting that domestic demand for wool has decreased from previous
years.
The small business size standard for entities classified under
NAICS code 424930 (Flower, Nursery Stock, and Florists' Supplies
Merchant Wholesalers) is 100 or fewer employees. There are 4,816
flower, nursery stock, and florists' supplies wholesale trading
establishments in the United States for which trade of flowers, nursery
stock, and florists' supplies accounts for 100 percent of total sales.
As with wool, no clear data exist to verify that these firms are small
entities; however, the total average number of employees per
establishment in this classification in 2002 was 12 employees per firm.
In 2004, the United States imported approximately $700 million in fresh
cut flowers and flower buds. The primary exporters of fresh cut flowers
and flower buds to the United States were Colombia and Ecuador, while
Mexico supplied approximately 4 percent of the United States' imports.
The United States is a net importer of fresh cut flowers and flower
buds. Imports increased by 16.4 percent in 2004, while exports declined
by 19 percent.
While it is anticipated that the cost to some importers of wool and
wildflowers may increase as a result of this interim rule, additional
costs would be incurred if a shipment was found to be contaminated with
South African ragwort or Madagascar ragwort. In the extreme, a shipment
may have to be reexported or destroyed due to the presence of South
African ragwort or Madagascar ragwort. The benefits of preventing the
introduction and spread of either weed in the United States, however,
are expected to outweigh any additional costs to importers.
Furthermore, protecting against the introduction into and artificial
spread within the United States of South African ragwort and Madagascar
ragwort will positively affect small entities in the livestock, field
crop, and nursery industries by preventing the need for costly chemical
or other controls.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
7 CFR Part 360
Imports, Plants (Agriculture), Quarantine, Reporting and
recordkeeping requirements, Transportation, Weeds.
7 CFR Part 361
Agricultural commodities, Imports, Labeling, Quarantine, Reporting
and recordkeeping requirements, Seeds, Vegetables, Weeds.
[[Page 35381]]
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Accordingly, we are amending 7 CFR parts 360 and 361 as follows:
PART 360--NOXIOUS WEED REGULATIONS
0
1. 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.
Sec. 360.200 [Amended]
0
2. In Sec. 360.200, paragraph (c) is amended by adding, in
alphabetical order, entries for ``Senecio inaequidens DC. (South
African ragwort)'' and ``Senecio madagascariensis Poir. (Madagascar
ragwort)''.
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT
0
3. The authority citation for part 361 continues to read as follows:
Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.
Sec. 361.6 [Amended]
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4. In Sec. 361.6, paragraph (a)(1) is amended by adding, in
alphabetical order, entries for ``Senecio inaequidens DC.'' and
``Senecio madagascariensis Poir.''
Done in Washington, DC, this 14th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-9665 Filed 6-19-06; 8:45 am]
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