81 FR 15153 - Black Stem Rust; Additions of Rust-Resistant Species and Varieties

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 55 (March 22, 2016)

Page Range		15153-15153
FR Document		2016-06476

On January 22, 2016, the Animal and Plant Health Inspection Service published a direct final rule. The direct final rule notified the public of our intention to amend the black stem rust quarantine and regulations by adding nine varieties to the list of rust-resistant Berberis species and varieties. We received two comments, which are addressed in this document.

Federal Register, Volume 81 Issue 55 (Tuesday, March 22, 2016)

[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Rules and Regulations]
[Page 15153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06476]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
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Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Rules 
and Regulations

[[Page 15153]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2015-0079]


Black Stem Rust; Additions of Rust-Resistant Species and 
Varieties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule; confirmation of effective date.

-----------------------------------------------------------------------

SUMMARY: On January 22, 2016, the Animal and Plant Health Inspection 
Service published a direct final rule. The direct final rule notified 
the public of our intention to amend the black stem rust quarantine and 
regulations by adding nine varieties to the list of rust-resistant 
Berberis species and varieties. We received two comments, which are 
addressed in this document.

DATES: The effective date of the direct final rule published January 
22, 2016, at 81 FR 3701, is confirmed as March 22, 2016.

FOR FURTHER INFORMATION CONTACT: Dr. Richard N. Johnson, National 
Policy Manager, Black Stem Rust, Pest Management, PHP, PPQ, APHIS, 4700 
River Road Unit 26, Riverdale, MD 20737-1231; (301) 851-2109.

SUPPLEMENTARY INFORMATION: Black stem rust is one of the most 
destructive plant diseases of small grains that is known to exist in 
the United States. The disease is caused by a fungus (Puccinia 
graminis) that reduces the quality and yield of infected wheat, oat, 
barley, and rye crops. In addition to infecting small grains, the 
fungus lives on a variety of alternate host plants that are species of 
the genera Berberis, Mahoberberis, and Mahonia. The fungus is spread 
from host to host by windborne spores.
    The black stem rust quarantine and regulations, which are contained 
in 7 CFR 301.38 through 301.38-8 (referred to below as the 
regulations), quarantine the conterminous 48 States and the District of 
Columbia and govern the interstate movement of certain plants of the 
genera Berberis, Mahoberberis, and Mahonia, known as barberry plants. 
The species of these plants are categorized as either rust-resistant or 
rust-susceptible. Rust-resistant plants do not pose a risk of spreading 
black stem rust or of contributing to the development of new races of 
the rust; rust-susceptible plants do pose such risks.
    On January 22, 2016, the Animal and Plant Health Inspection Service 
(APHIS) published in the Federal Register (81 FR 3701-3702) \1\ a 
direct final rule to add the following B. thunbergii varieties to the 
list of rust-resistant Berberis species in Sec.  301.38-2(a)(1):
---------------------------------------------------------------------------

    \1\ To view the direct final rule and the comments received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0079.
---------------------------------------------------------------------------

     B. thunbergii `BailAnna' Moscato;
     B. thunbergii `BailElla' Lambrusco;
     B. thunbergii `Daybreak';
     B. thunbergii `BailErin' Limoncello;
     B. thunbergii `BailJulia' Toscana;
     B. thunbergii `NCBT1';
     B. thunbergii x calliantha `NCBX3';
     B. thunbergii x media `NCBX1'; and
     B. thunbergii x media `NCBX2'.
    We solicited comments on the rule for 30 days ending February 22, 
2016, and indicated that, if we received written adverse comments or 
written notice of intent to submit adverse comments, we would publish a 
document in the Federal Register withdrawing the direct final rule 
before the effective date.
    We received two comments by that date. One commenter fully 
supported the rule. The other commenter stated that the rule should not 
be promulgated because it promoted interstate commerce of Berberis 
plants, which are considered an invasive species in the Midwest and 
Eastern United States. However, the only supporting information that 
the commenter provided was a Web site link to a page related to 
varieties of Berberis in the natural environment, and not the 
commercially produced and marketed cultivars that were the subject of 
the rule. Moreover, APHIS' restrictions on the interstate movement of 
Berberis spp. plants are imposed to ensure that those plants do not 
pose a risk of spreading black stem rust or contributing to the 
development of new races of the rust. Thus, considerations regarding 
the potential invasiveness of the Berberis spp. plants themselves are 
outside the scope of this rulemaking. Therefore, for the reasons given 
in the direct final rule, we are confirming the effective date as March 
22, 2016.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued 
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 
1421 note).

    Done in Washington, DC, this 16th day of March 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-06476 Filed 3-21-16; 8:45 am]
BILLING CODE 3410-34-P

15153

Rules and Regulations Federal Register
Vol. 81, No. 55

Tuesday, March 22, 2016

This section of the FEDERAL REGISTER CFR 301.38 through 301.38–8 (referred Thus, considerations regarding the
contains regulatory documents having general to below as the regulations), quarantine potential invasiveness of the Berberis
applicability and legal effect, most of which the conterminous 48 States and the spp. plants themselves are outside the
are keyed to and codified in the Code of District of Columbia and govern the scope of this rulemaking. Therefore, for
Federal Regulations, which is published under interstate movement of certain plants of the reasons given in the direct final rule,
50 titles pursuant to 44 U.S.C. 1510.
the genera Berberis, Mahoberberis, and we are confirming the effective date as
The Code of Federal Regulations is sold by Mahonia, known as barberry plants. The March 22, 2016.
the Superintendent of Documents. Prices of species of these plants are categorized as Authority: 7 U.S.C. 7701–7772 and 7781–
new books are listed in the first FEDERAL either rust-resistant or rust-susceptible. 7786; 7 CFR 2.22, 2.80, and 371.3.
REGISTER issue of each week. Rust-resistant plants do not pose a risk Section 301.75–15 issued under Sec. 204,
of spreading black stem rust or of Title II, Pub. L. 106–113, 113 Stat. 1501A–
contributing to the development of new 293; sections 301.75–15 and 301.75–16
DEPARTMENT OF AGRICULTURE races of the rust; rust-susceptible plants issued under Sec. 203, Title II, Pub. L. 106–
do pose such risks. 224, 114 Stat. 400 (7 U.S.C. 1421 note).
Animal and Plant Health Inspection On January 22, 2016, the Animal and Done in Washington, DC, this 16th day of
Service Plant Health Inspection Service (APHIS) March 2016.
published in the Federal Register (81 Kevin Shea,
7 CFR Part 301 FR 3701–3702) 1 a direct final rule to Administrator, Animal and Plant Health
[Docket No. APHIS–2015–0079] add the following B. thunbergii varieties Inspection Service.
to the list of rust-resistant Berberis [FR Doc. 2016–06476 Filed 3–21–16; 8:45 am]
Black Stem Rust; Additions of Rust- species in § 301.38–2(a)(1): BILLING CODE 3410–34–P
Resistant Species and Varieties • B. thunbergii ‘BailAnna’ Moscato;
AGENCY: Animal and Plant Health • B. thunbergii ‘BailElla’ Lambrusco;
• B. thunbergii ‘Daybreak’; NUCLEAR REGULATORY
Inspection Service, USDA.
• B. thunbergii ‘BailErin’ Limoncello;
ACTION: Direct final rule; confirmation of COMMISSION
• B. thunbergii ‘BailJulia’ Toscana;
effective date. • B. thunbergii ‘NCBT1’; 10 CFR Part 72
SUMMARY: On January 22, 2016, the • B. thunbergii x calliantha ‘NCBX3’;
Animal and Plant Health Inspection • B. thunbergii x media ‘NCBX1’; and [NRC–2015–0156]
• B. thunbergii x media ‘NCBX2’.
Service published a direct final rule. RIN 3150–AJ63
We solicited comments on the rule for
The direct final rule notified the public
30 days ending February 22, 2016, and List of Approved Spent Fuel Storage
of our intention to amend the black stem
indicated that, if we received written Casks: Holtec International HI–STORM
rust quarantine and regulations by
adverse comments or written notice of 100 Cask System; Amendment No. 9,
adding nine varieties to the list of rust-
resistant Berberis species and varieties. intent to submit adverse comments, we Revision 1
We received two comments, which are would publish a document in the
Federal Register withdrawing the direct AGENCY: Nuclear Regulatory
addressed in this document. Commission.
final rule before the effective date.
DATES: The effective date of the direct ACTION: Direct final rule; confirmation of
We received two comments by that
final rule published January 22, 2016, at date. One commenter fully supported effective date.
81 FR 3701, is confirmed as March 22, the rule. The other commenter stated
2016. SUMMARY: The U.S. Nuclear Regulatory
that the rule should not be promulgated
FOR FURTHER INFORMATION CONTACT: Dr. Commission (NRC) is confirming the
because it promoted interstate
Richard N. Johnson, National Policy effective date of March 21, 2016, for the
commerce of Berberis plants, which are
Manager, Black Stem Rust, Pest direct final rule that was published in
considered an invasive species in the
Management, PHP, PPQ, APHIS, 4700 the Federal Register on January 6, 2016.
Midwest and Eastern United States.
River Road Unit 26, Riverdale, MD This direct final rule amended spent
However, the only supporting
20737–1231; (301) 851–2109. fuel storage regulations by revising the
information that the commenter
SUPPLEMENTARY INFORMATION: Black Holtec International HI–STORM 100
provided was a Web site link to a page
stem rust is one of the most destructive Cask System listing within the ‘‘List of
related to varieties of Berberis in the
plant diseases of small grains that is approved spent fuel storage casks’’ to
natural environment, and not the
known to exist in the United States. The include Amendment No. 9, Revision 1,
commercially produced and marketed
disease is caused by a fungus (Puccinia to Certificate of Compliance No. 1014.
cultivars that were the subject of the
graminis) that reduces the quality and Amendment No. 9, Revision 1, changes
rule. Moreover, APHIS’ restrictions on
yield of infected wheat, oat, barley, and cooling time limits for thimble plug
the interstate movement of Berberis spp.
asabaliauskas on DSK3SPTVN1PROD with RULES

rye crops. In addition to infecting small devices, removes certain testing
plants are imposed to ensure that those
grains, the fungus lives on a variety of requirements for the fabrication of
plants do not pose a risk of spreading
alternate host plants that are species of Metamic HT neutron-absorbing
black stem rust or contributing to the
the genera Berberis, Mahoberberis, and structural material, and reduces certain
development of new races of the rust.
Mahonia. The fungus is spread from minimum guaranteed values used in
host to host by windborne spores. 1 To view the direct final rule and the comments bounding calculations for this material.
The black stem rust quarantine and received, go to http://www.regulations.gov/ Amendment No. 9, Revision 1, also
regulations, which are contained in 7 #!docketDetail;D=APHIS-2015-0079. changes fuel definitions to classify

VerDate Sep<11>2014 15:43 Mar 21, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\22MRR1.SGM 22MRR1

Document Created: 2018-02-02 15:15:50
Document Modified: 2018-02-02 15:15:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule; confirmation of effective date.
Dates		The effective date of the direct final rule published January 22, 2016, at 81 FR 3701, is confirmed as March 22, 2016.
Contact		Dr. Richard N. Johnson, National Policy Manager, Black Stem Rust, Pest Management, PHP, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD 20737-1231; (301) 851-2109.
FR Citation		81 FR 15153

81 FR 15153 - Black Stem Rust; Additions of Rust-Resistant Species and Varieties

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 55 (March 22, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service