81 FR 3699 - Implementation of OMB Guidance on Drug-Free Workplace Requirements
DEPARTMENT OF COMMERCE
Office of the Secretary Federal Register Volume 81, Issue 14 (January 22, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3699-3701 | |
| FR Document | 2016-01078 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Rules and Regulations] [Pages 3699-3701] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01078] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations [[Page 3699]] DEPARTMENT OF COMMERCE Office of the Secretary 2 CFR Part 1329 15 CFR Part 29 [Docket No. 0907271171-6029-03] RIN 0605-AA43 Implementation of OMB Guidance on Drug-Free Workplace Requirements AGENCY: U.S. Department of Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Commerce (Commerce) is removing its regulation implementing the prior government-wide common rule on drug- free workplace requirements for financial assistance, and issuing a new regulation to adopt updated Office of Management and Budget (OMB) guidance on the topic. This action implements OMB's initiative to streamline and consolidate into one title of the Code of Federal Regulations (CFR) all Federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that would make no substantive change in Commerce's policy or procedures for drug-free workplace. DATES: This rule will be effective on February 22, 2016. FOR FURTHER INFORMATION CONTACT: Gary Johnson, [email protected], 202 482-1679. SUPPLEMENTARY INFORMATION: Background The Drug-Free Workplace Act of 1988, Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq., was enacted as a part of omnibus drug legislation on November 18, 1988. Subsequent to its enactment, Federal agencies issued a common interim final rule to implement the act as it applied to grants (54 FR 4946, January 31, 1989). The rule was a subpart of the government-wide common rule on nonprocurement suspension and debarment. The agencies issued a final common rule after consideration of public comments (55 FR 21681, May 25, 1990). The common rule was updated in 2003, to, among other things, account for changes in circumstances and to ensure the rule was written in plain language. (68 FR 66534, November 26, 2003). In 2004, OMB established Title 2 of the CFR as the new central location for OMB guidance and agency-implementing regulations concerning grants and agreements (69 FR 26276, May 11, 2004). In conjunction with that action, OMB announced its intention to replace common rules with OMB guidance that agencies could adopt in brief regulations. OMB began that process by proposing (70 FR 51863, August 31, 2005) and finalizing (71 FR 66431, November 15, 2006) government- wide guidance on nonprocurement suspension and debarment in 2 CFR part 180. As the next step in that process, OMB finalized (74 FR 28149, June 15, 2009) government-wide guidance for policies and procedures to implement drug-free workplace requirements for financial assistance. The guidance requires each agency to replace the common rule on drug- free workplace requirements that the agency previously issued in its own CFR title with a brief regulation in 2 CFR adopting the government- wide policies and procedures. On May 25, 2010, Commerce proposed new regulations to implement OMB's guidelines on drug-free workplace requirements (75 FR 29215). Specifically, Commerce proposed to take two regulatory actions: (1) Removing its drug-free workplace common rule from 15 CFR part 29; and (2) replacing the common rule with a regulation at 2 CFR part 1329 adopting OMB's government-wide policies and procedures for a drug-free workplace. Commerce proposed, and this final rule enacts, no substantive change to either the Department's or the Government's policies on a drug-free workplace, but instead merely moves the location of the policy in the Code of Federal Regulations from one part to another. Commerce received no comments on this proposed rulemaking, and now is making that proposed action final. There are no changes from the proposed rule, which is adopted in final form as it was proposed. Executive Order 12866 OMB has determined this rule to be not significant for purposes of E.O. 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), at the proposed rule stage, the Chief Counsel for Regulation certified to the Chief Counsel for Advocacy at the Small Business Administration that this rule will not have a significant economic impact on a substantial number of small entities. No comments were received in response to the proposed rule. Accordingly, no regulatory flexibility analysis was required, and none was prepared. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action does not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects 2 CFR Part 1329 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 15 CFR Part 29 Administrative practice and procedure, Drug abuse, Grant programs, [[Page 3700]] Reporting and recordkeeping requirements. Issued this 14th day of January 2016 at Washington, DC. Barry E. Berkowitz, Director for Acquisition Management and Procurement Executive. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301 and 41 U.S.C.701 et seq., the U. S. Department of Commerce proposes to add 2 CFR part 1329 and remove 15 CFR part 29 as follows: Title 2--Grants and Agreements PART 1329--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) 0 1. Add Part 1329 in Subtitle B, Chapter XIII, to read as follows: PART 1329--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 1329.10 What does this part do? 1329.20 Does this part apply to me? 1329.30 What policies and procedures must I follow? Subpart A--Purpose and Coverage [Reserved] Subpart B--Requirements for Recipients Other Than Individuals 1329.225 Whom in the Department of Commerce does a recipient other than an individual notify about a criminal drug conviction? Subpart C--Requirements for Recipients Who Are Individuals 1329.300 Whom in the Department of Commerce does a recipient who is an individual notify about a criminal drug conviction? Subpart D--Responsibilities of Agency Awarding Officials 1329.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance? Subpart E--Violations of This Part and Consequences 1329.500 Who in the Department of Commerce determines that a recipient other than an individual violated the requirements of this part? 1329.505 Who in the Department of Commerce determines that a recipient who is an individual violated the requirements of this part? Subpart F--Definitions [Reserved] Authority: 5 U.S.C. 301; 41 U.S.C. 701-707. Sec. 1329.10 What does this part do? This part requires that the award and administration of Department of Commerce grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter referred to as ``the Act'') that applies to grants. It thereby-- (a) Gives regulatory effect to the OMB guidance (subparts A through F of 2 CFR part 182) for the Department of Commerce's grants and cooperative agreements; and (b) Establishes Department of Commerce policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Governmentwide implementing regulations. Sec. 1329.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a-- (a) Recipient of a Department of Commerce grant or cooperative agreement; or (b) Department of Commerce awarding official. Sec. 1329.30 What policies and procedures must I follow? (a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance in subparts A through F of 2 CFR part 182, as implemented by this part. (b) Specific sections of OMB guidance that this part supplements. In implementing the OMB guidance in 2 CFR part 182, this part supplements four sections of the guidance, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, as supplemented by this part. ------------------------------------------------------------------------ Section in this part What the supplementation Section of OMB guidance where clarifies supplemented ------------------------------------------------------------------------ (1) 2 CFR 182.225(a).......... Sec. Whom in the Department 1329.225 of Commerce a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace. (2) 2 CFR 182.300(b).......... Sec. Whom in the Department 1329.300 of Commerce a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. (3) 2 CFR 182.500............. Sec. Who in the Department of 1329.500 Commerce is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. (4) 2 CFR 182.505............. Sec. Who in the Department of 1329.505 Commerce is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. ------------------------------------------------------------------------ (c) Sections of the OMB guidance that this part does not supplement. For any section of OMB guidance in subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, Department of Commerce policies and procedures are the same as those in the OMB guidance. Subpart A--Purpose and Coverage [Reserved] Subpart B--Requirements for Recipients Other Than Individuals Sec. 1329.225 Whom in the Department of Commerce does a recipient other than an individual notify about a criminal drug conviction? A recipient other than an individual that is required under 2 CFR 182.225(a) to notify Federal agencies about an employee's conviction for a criminal drug offense must notify each Department of Commerce office from which it currently has an award. Subpart C--Requirements for Recipients Who Are Individuals Sec. 1329.300 Whom in the Department of Commerce does a recipient who is an individual notify about a criminal drug conviction? A recipient who is an individual and is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify each Department of Commerce office from which it currently has an award. [[Page 3701]] Subpart D--Responsibilities of Agency Awarding Officials Sec. 1329.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance? To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance at 2 CFR part 182, you must include the following term or condition in the award: Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 1329, which adopts the Govemmentwide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). Subpart E--Violations of This Part and Consequences Sec. 1329.500 Who in the Department of Commerce determines that a recipient other than an individual violated the requirements of this part? The Secretary of Commerce or designee determines that a recipient other than an individual violated the requirements of this part. Sec. 1329.505 Who in the Department of Commerce determines that a recipient who is an individual violated the requirements of this part? The Secretary of Commerce or designee determines that a recipient who is an individual violated the requirements of this part. Subpart F--Definitions [Reserved] Title 15--Commerce and Foreign Trade PART 29--[REMOVED AND RESERVED] 0 2. Remove and reserve part 29. [FR Doc. 2016-01078 Filed 1-21-16; 8:45 am] BILLING CODE 3510-DT-P
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Rules and Regulations Federal Register
Vol. 81, No. 14
Friday, January 22, 2016
This section of the FEDERAL REGISTER the act as it applied to grants (54 FR making that proposed action final.
contains regulatory documents having general 4946, January 31, 1989). The rule was a There are no changes from the proposed
applicability and legal effect, most of which subpart of the government-wide rule, which is adopted in final form as
are keyed to and codified in the Code of common rule on nonprocurement it was proposed.
Federal Regulations, which is published under suspension and debarment. The
50 titles pursuant to 44 U.S.C. 1510. Executive Order 12866
agencies issued a final common rule
The Code of Federal Regulations is sold by after consideration of public comments OMB has determined this rule to be
the Superintendent of Documents. Prices of (55 FR 21681, May 25, 1990). The not significant for purposes of E.O.
new books are listed in the first FEDERAL common rule was updated in 2003, to, 12866.
REGISTER issue of each week. among other things, account for changes Regulatory Flexibility Act of 1980 (5
in circumstances and to ensure the rule U.S.C. 605(b))
was written in plain language. (68 FR
DEPARTMENT OF COMMERCE Pursuant to section 605(b) of the
66534, November 26, 2003).
Regulatory Flexibility Act (5 U.S.C.
In 2004, OMB established Title 2 of
Office of the Secretary 605(b)), at the proposed rule stage, the
the CFR as the new central location for
Chief Counsel for Regulation certified to
OMB guidance and agency-
2 CFR Part 1329 the Chief Counsel for Advocacy at the
implementing regulations concerning
Small Business Administration that this
grants and agreements (69 FR 26276,
15 CFR Part 29 rule will not have a significant
May 11, 2004). In conjunction with that
economic impact on a substantial
[Docket No. 0907271171–6029–03] action, OMB announced its intention to
number of small entities. No comments
replace common rules with OMB
RIN 0605–AA43 were received in response to the
guidance that agencies could adopt in
proposed rule. Accordingly, no
Implementation of OMB Guidance on brief regulations. OMB began that
regulatory flexibility analysis was
Drug-Free Workplace Requirements process by proposing (70 FR 51863,
required, and none was prepared.
August 31, 2005) and finalizing (71 FR
AGENCY: U.S. Department of Commerce. 66431, November 15, 2006) government- Unfunded Mandates Act of 1995 (Sec.
ACTION: Final rule. wide guidance on nonprocurement 202, Pub. L. 104–4)
suspension and debarment in 2 CFR This regulatory action does not
SUMMARY: The U.S. Department of part 180.
Commerce (Commerce) is removing its contain a Federal mandate that will
As the next step in that process, OMB result in the expenditure by State, local,
regulation implementing the prior finalized (74 FR 28149, June 15, 2009)
government-wide common rule on drug- and tribal governments, in aggregate, or
government-wide guidance for policies by the private sector of $100 million or
free workplace requirements for and procedures to implement drug-free
financial assistance, and issuing a new more in any one year.
workplace requirements for financial
regulation to adopt updated Office of assistance. The guidance requires each Paperwork Reduction Act of 1995 (44
Management and Budget (OMB) agency to replace the common rule on U.S.C., Chapter 35)
guidance on the topic. This action drug-free workplace requirements that This regulatory action does not
implements OMB’s initiative to the agency previously issued in its own impose any additional reporting or
streamline and consolidate into one title CFR title with a brief regulation in 2 recordkeeping requirements under the
of the Code of Federal Regulations (CFR) CFR adopting the government-wide Paperwork Reduction Act.
all Federal regulations on drug-free policies and procedures.
workplace requirements for financial On May 25, 2010, Commerce Federalism (Executive Order 13132)
assistance. These changes constitute an proposed new regulations to implement This regulatory action does not have
administrative simplification that would OMB’s guidelines on drug-free Federalism implications, as set forth in
make no substantive change in workplace requirements (75 FR 29215). Executive Order 13132. It does not have
Commerce’s policy or procedures for Specifically, Commerce proposed to substantial direct effects on the States,
drug-free workplace. take two regulatory actions: (1) on the relationship between the national
DATES: This rule will be effective on Removing its drug-free workplace government and the States, or on the
February 22, 2016. common rule from 15 CFR part 29; and distribution of power and
FOR FURTHER INFORMATION CONTACT: Gary (2) replacing the common rule with a responsibilities among the various
Johnson, Gjohnso3@doc.gov, 202 482– regulation at 2 CFR part 1329 adopting levels of government.
1679. OMB’s government-wide policies and List of Subjects
SUPPLEMENTARY INFORMATION: procedures for a drug-free workplace.
Commerce proposed, and this final rule 2 CFR Part 1329
Background enacts, no substantive change to either Administrative practice and
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The Drug-Free Workplace Act of 1988, the Department’s or the Government’s procedure, Drug abuse, Grant programs,
Public Law 100–690, Title V, Subtitle D; policies on a drug-free workplace, but Reporting and recordkeeping
41 U.S.C. 701, et seq., was enacted as a instead merely moves the location of the requirements.
part of omnibus drug legislation on policy in the Code of Federal
November 18, 1988. Subsequent to its Regulations from one part to another. 15 CFR Part 29
enactment, Federal agencies issued a Commerce received no comments on Administrative practice and
common interim final rule to implement this proposed rulemaking, and now is procedure, Drug abuse, Grant programs,
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![3700 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
Reporting and recordkeeping Subpart C—Requirements for Recipients Commerce’s grants and cooperative
requirements. Who Are Individuals agreements; and
Issued this 14th day of January 2016 at 1329.300 Whom in the Department of (b) Establishes Department of
Washington, DC. Commerce does a recipient who is an Commerce policies and procedures for
individual notify about a criminal drug
Barry E. Berkowitz, conviction?
compliance with the Act that are the
Director for Acquisition Management and same as those of other Federal agencies,
Procurement Executive. Subpart D—Responsibilities of Agency in conformance with the requirement in
Awarding Officials 41 U.S.C. 705 for Governmentwide
Accordingly, for the reasons set forth
1329.400 What method do I use as an implementing regulations.
in the preamble, and under the agency awarding official to obtain a
authority of 5 U.S.C. 301 and 41 recipient’s agreement to comply with the § 1329.20 Does this part apply to me?
U.S.C.701 et seq., the U. S. Department OMB guidance?
of Commerce proposes to add 2 CFR This part and, through this part,
part 1329 and remove 15 CFR part 29 as Subpart E—Violations of This Part and pertinent portions of the OMB guidance
Consequences in subparts A through F of 2 CFR part
follows:
1329.500 Who in the Department of 182 (see table at 2 CFR 182.115(b))
Title 2—Grants and Agreements Commerce determines that a recipient apply to you if you are a—
other than an individual violated the
PART 1329—REQUIREMENTS FOR requirements of this part? (a) Recipient of a Department of
DRUG-FREE WORKPLACE 1329.505 Who in the Department of Commerce grant or cooperative
(FINANCIAL ASSISTANCE) Commerce determines that a recipient agreement; or
who is an individual violated the (b) Department of Commerce
■1. Add Part 1329 in Subtitle B, requirements of this part? awarding official.
Chapter XIII, to read as follows: Subpart F—Definitions [Reserved]
§ 1329.30 What policies and procedures
PART 1329—REQUIREMENTS FOR Authority: 5 U.S.C. 301; 41 U.S.C. 701– must I follow?
DRUG-FREE WORKPLACE 707. (a) General. You must follow the
(FINANCIAL ASSISTANCE) policies and procedures specified in
§ 1329.10 What does this part do?
Sec. This part requires that the award and applicable sections of the OMB
1329.10 What does this part do? administration of Department of guidance in subparts A through F of 2
1329.20 Does this part apply to me? Commerce grants and cooperative CFR part 182, as implemented by this
1329.30 What policies and procedures must agreements comply with Office of part.
I follow? (b) Specific sections of OMB guidance
Management and Budget (OMB)
Subpart A—Purpose and Coverage guidance implementing the portion of that this part supplements. In
[Reserved] the Drug-Free Workplace Act of 1988 implementing the OMB guidance in 2
Subpart B—Requirements for Recipients (41 U.S.C. 701–707, as amended, CFR part 182, this part supplements
Other Than Individuals hereafter referred to as ‘‘the Act’’) that four sections of the guidance, as shown
1329.225 Whom in the Department of applies to grants. It thereby— in the following table. For each of those
Commerce does a recipient other than an (a) Gives regulatory effect to the OMB sections, you must follow the policies
individual notify about a criminal drug guidance (subparts A through F of 2 and procedures in the OMB guidance, as
conviction? CFR part 182) for the Department of supplemented by this part.
Section in this
Section of OMB part where What the supplementation clarifies
guidance supplemented
(1) 2 CFR 182.225(a) § 1329.225 Whom in the Department of Commerce a recipient other than an individual must notify if an employee
is convicted for a violation of a criminal drug statute in the workplace.
(2) 2 CFR 182.300(b) § 1329.300 Whom in the Department of Commerce a recipient who is an individual must notify if he or she is con-
victed of a criminal drug offense resulting from a violation occurring during the conduct of any award
activity.
(3) 2 CFR 182.500 .... § 1329.500 Who in the Department of Commerce is authorized to determine that a recipient other than an indi-
vidual is in violation of the requirements of 2 CFR part 182, as implemented by this part.
(4) 2 CFR 182.505 .... § 1329.505 Who in the Department of Commerce is authorized to determine that a recipient who is an individual is
in violation of the requirements of 2 CFR part 182, as implemented by this part.
(c) Sections of the OMB guidance that Subpart B—Requirements for Subpart C—Requirements for
this part does not supplement. For any Recipients Other Than Individuals Recipients Who Are Individuals
section of OMB guidance in subparts A
§ 1329.225 Whom in the Department of § 1329.300 Whom in the Department of
through F of 2 CFR part 182 that is not
Commerce does a recipient other than an Commerce does a recipient who is an
listed in paragraph (b) of this section, individual notify about a criminal drug individual notify about a criminal drug
Department of Commerce policies and conviction? conviction?
procedures are the same as those in the
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A recipient other than an individual A recipient who is an individual and
OMB guidance.
that is required under 2 CFR 182.225(a) is required under 2 CFR 182.300(b) to
Subpart A—Purpose and Coverage to notify Federal agencies about an notify Federal agencies about a
employee’s conviction for a criminal conviction for a criminal drug offense
[Reserved] drug offense must notify each must notify each Department of
Department of Commerce office from Commerce office from which it
which it currently has an award. currently has an award.
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Subpart D—Responsibilities of Agency SUMMARY: We are amending the black The black stem rust quarantine and
Awarding Officials stem rust quarantine and regulations by regulations, which are contained in 7
adding nine varieties to the list of rust- CFR 301.38 through 301.38–8 (referred
§ 1329.400 What method do I use as an resistant Berberis species and varieties. to below as the regulations), quarantine
agency awarding official to obtain a This action will allow for the interstate the conterminous 48 States and the
recipient’s agreement to comply with the
OMB guidance?
movement of these newly developed District of Columbia and govern the
varieties without unnecessary interstate movement of certain plants of
To obtain a recipient’s agreement to restrictions. the genera Berberis, Mahoberberis, and
comply with applicable requirements in Mahonia, known as barberry plants. The
the OMB guidance at 2 CFR part 182, DATES: This rule will be effective on
March 22, 2016, unless we receive species of these plants are categorized as
you must include the following term or either rust-resistant or rust-susceptible.
condition in the award: Drug-free written adverse comments or written
notice of intent to submit adverse Rust-resistant plants do not pose a risk
workplace. You as the recipient must of spreading black stem rust or of
comply with drug-free workplace comments on or before February 22,
2016. If we receive written adverse contributing to the development of new
requirements in Subpart B (or Subpart races of the rust; rust-susceptible plants
C, if the recipient is an individual) of 2 comments or written notice of intent to
submit adverse comments, we will do pose such risks. Section 301.38–2 of
CFR part 1329, which adopts the the regulations includes a listing of
Govemmentwide implementation (2 publish a document in the Federal
Register withdrawing this rule before regulated articles and indicates those
CFR part 182) of sec. 5152–5158 of the species and varieties of the genera
Drug-Free Workplace Act of 1988 (Pub. the effective date.
ADDRESSES: You may submit comments
Berberis, Mahoberberis, and Mahonia
L. 100–690, Title V, Subtitle D; 41 that are known to be rust-resistant.
U.S.C. 701–707). or written notice of intent to submit
adverse comments by either of the Although rust-resistant species are
Subpart E—Violations of This Part and following methods: included as regulated articles, they may
Consequences • Federal eRulemaking Portal: Go to be moved into or through protected
http://www.regulations.gov/ areas if accompanied by a certificate. In
§ 1329.500 Who in the Department of #!docketDetail;D=APHIS-2015-0079. accordance with the procedures
Commerce determines that a recipient other • Postal Mail/Commercial Delivery: described below under ‘‘Dates,’’ this
than an individual violated the requirements direct final rule will add the following
Send your comment to Docket No.
of this part? B. thunbergii varieties to the list of rust-
APHIS–2015–0079, Regulatory Analysis
The Secretary of Commerce or and Development, PPD, APHIS, Station resistant Berberis species in § 301.38–
designee determines that a recipient 3A–03.8, 4700 River Road Unit 118, 2(a)(1):
other than an individual violated the Riverdale, MD 20737–1238. • B. thunbergii ‘BailAnna’ Moscato;
requirements of this part. Supporting documents and any • B. thunbergii ‘BailElla’ Lambrusco;
comments we receive on this docket • B. thunbergii ‘Daybreak’;
§ 1329.505 Who in the Department of • B. thunbergii ‘BailErin’ Limoncello;
Commerce determines that a recipient who may be viewed at http:// • B. thunbergii ‘BailJulia’ Toscana;
is an individual violated the requirements of www.regulations.gov/ • B. thunbergii ‘NCBT1’;
this part? #!docketDetail;D=APHIS-2015-0079 or • B. thunbergii x calliantha ‘NCBX3’;
The Secretary of Commerce or in our reading room, which is located in • B. thunbergii x media ‘NCBX1’; and
designee determines that a recipient Room 1141 of the USDA South • B. thunbergii x media ‘NCBX2’.
who is an individual violated the Building, 14th Street and Independence The addition of these species is based
requirements of this part. Avenue SW., Washington, DC. Normal on recent testing to determine rust
reading room hours are 8 a.m. to 4:30 resistance conducted by the Agricultural
Subpart F—Definitions [Reserved] p.m., Monday through Friday, except Research Service of the United States
holidays. To be sure someone is there to Department of Agriculture (USDA) at its
Title 15—Commerce and Foreign Trade help you, please call (202) 799–7039 Cereal Disease Laboratory in St. Paul,
PART 29—[REMOVED AND before coming. MN. The testing is performed in the
RESERVED] FOR FURTHER INFORMATION CONTACT: Mr. following manner: In a greenhouse, the
Randolph Cadet, National Policy suspect plant or test subject is placed
■ 2. Remove and reserve part 29. Manager, Black Stem Rust, Pest under a screen with a control plant—a
[FR Doc. 2016–01078 Filed 1–21–16; 8:45 am] Management, PHP, PPQ, APHIS, 4700 known rust-susceptible species of
River Road, Unit 26, Riverdale, MD Berberis, Mahoberberis, or Mahonia.
BILLING CODE 3510–DT–P
20737–1231; (301) 851–2094. Infected wheat stems, a primary host of
SUPPLEMENTARY INFORMATION: black stem rust, are placed on top of the
screen. The plants are moistened and
DEPARTMENT OF AGRICULTURE Background maintained in 100 percent humidity.
Animal and Plant Health Inspection Black stem rust is one of the most This causes the spores to swell and fall
Service destructive plant diseases of small on the plants lying under the screen.
grains that is known to exist in the The plants are then observed for 7 days
7 CFR Part 301 United States. The disease is caused by at 20–80 percent relative humidity. If
a fungus (Puccinia graminis) that the rust-susceptible plant shows signs of
[Docket No. APHIS–2015–0079] reduces the quality and yield of infected infection after 7 days and the test plants
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wheat, oat, barley, and rye crops. In do not, the test results indicate that the
Black Stem Rust; Additions of Rust- addition to infecting small grains, the test plants are rust-resistant. This test
Resistant Species and Varieties fungus lives on a variety of alternate must be performed 12 times, and all 12
AGENCY: Animal and Plant Health host plants that are species of the genera tests must yield the same result before
Inspection Service, USDA. Berberis, Mahoberberis, and Mahonia. USDA can make a determination as to
The fungus is spread from host to host whether the test plants are rust-
ACTION: Direct final rule.
by windborne spores. resistant. The test may be conducted on
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Document Created: 2016-01-22 01:17:01
Document Modified: 2016-01-22 01:17:01
| 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 | Final rule. | |
| Dates | This rule will be effective on February 22, 2016. | |
| Contact | Gary Johnson, [email protected], 202 482-1679. | |
| FR Citation | 81 FR 3699 | |
| RIN Number | 0605-AA43 | |
| CFR Citation | 15
CFR
29 2 CFR 1329 | |
| CFR Associated | Administrative Practice and Procedure; Drug Abuse; Grant Programs and Reporting and Recordkeeping Requirements |
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