[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Rules and Regulations]
[Pages 23151-23152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10282]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and
Regulations
[[Page 23151]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 360 and 361
[Docket No. APHIS-2008-0097]
Noxious Weeds; Old World Climbing Fern and Maidenhair Creeper
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the noxious weed regulations by adding Old World
climbing fern (Lygodium microphyllum (Cavanilles) R. Brown) and
maidenhair creeper (Lygodium flexuosum (Linnaeus) Swartz) to the list
of terrestrial noxious weeds. This action is necessary to prevent the
artificial spread of these noxious weeds within and into the United
States.
DATES: Effective on May 3, 2010, we are adopting as a final rule the
interim rule published at 74 FR 53397-53400 on October 19, 2009.
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 Ms.
Dorothy Wayson, Regulatory Coordination Specialist, Regulatory
Coordination and Compliance, Permits, Registrations, Imports, and
Manuals, PPQ, APHIS, 4700 River Road Unit 52, Riverdale, MD 20737-1236,
(301) 734-0772.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the Plant Protection Act (PPA, 7 U.S.C. 7701
et seq.), 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. 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, and the natural
resources of the United States, the public health, or the
environment.''
Under the authority of the Federal Seed Act 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 that Act, ``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 Federal Seed Act 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.
In an interim rule\1\ effective and published in the Federal
Register on October 19, 2009 (74 CFR 53397-53400, Docket No. APHIS-
2008-0097), we amended the regulations by adding Old World climbing
fern (Lygodium microphyllum (Cavanilles) R. Brown) and maidenhair
creeper (Lygodium flexuosum (Linnaeus) Swartz) to the list of
terrestrial noxious weeds in Sec. 360.200(c) and to the list of
noxious weed seeds with no tolerances applicable to their introduction
in Sec. 361.6(a)(1). In that interim rule, we also made the weed risk
assessment (WRA) and the Federal decision document available for public
review and comment.
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\1\ To view the interim rule, the supporting documents, and the
comments we received, go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0097).
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We solicited comments concerning the interim rule, WRA, and the
Federal decision document for 60 days ending December 18, 2009. We
received three comments, two from private citizens and one from a State
Department of Agriculture and Consumer Services, by that date. All of
the commenters supported the addition of both Old World Climbing Fern
(L. microphyllum) and Maidenhair Creeper (L. flexuosum) to the list of
Federal Noxious weeds.
One of the commenters asked that we consider adding other species
within the Schizaeaceae family to the list of Federal noxious weeds.
Specifically, the commenter was concerned that other species in the
Schizaeaceae family are weedy and/or invasive, because L. microphyllum
and L. flexuosum have been reported to interbreed with closely related
species. A link to a reference on the Internet was provided by the
commenter to try to illustrate that behavior.
In our assessment of L. microphyllum, L. flexuosum, and L.
japonicum we did not encounter any evidence that these species are
capable of hybridizing with any other species. The study that the
commenter referred to examines the reproductive biology of L.
microphyllum and L. japonicum and provides evidence that L.
microphyllum is capable of intergametophytic crossing.
Intergametophytic crossing refers to two different gametophytes of the
same species crossing with each other; it does not refer to crossing of
two different species, which concerned the commenter. Two other species
of Lygodium were once reported to hybridize, but there is no immediate
indication that these or any other members of the Lygodiaceae or
Schizaeaceae families are weeds. APHIS will continue to explore the
literature to determine whether any additional Lygodiaceae or
Schizaeaceae warrant regulation.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
[[Page 23152]]
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.
PART 360--NOXIOUS WEED REGULATIONS
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR parts 360 and 361 and that was
published at 74 FR 53397-53400 on October 19, 2009.
Done in Washington, DC, this 27\th\ day of April 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-10282 Filed 4-30-10; 8:45 am]
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