81 FR 3701 - Black Stem Rust; Additions of Rust-Resistant Species and Varieties
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 14 (January 22, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3701-3702 | |
| FR Document | 2016-01252 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Rules and Regulations] [Pages 3701-3702] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01252] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: We are amending the black stem rust quarantine and regulations by adding nine varieties to the list of rust-resistant Berberis species and varieties. This action will allow for the interstate movement of these newly developed varieties without unnecessary restrictions. DATES: This rule will be effective on March 22, 2016, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before February 22, 2016. If we receive written adverse comments or written notice of intent to submit adverse comments, we will publish a document in the Federal Register withdrawing this rule before the effective date. ADDRESSES: You may submit comments or written notice of intent to submit adverse comments by either of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0079. Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2015-0079, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737- 1238. Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015- 0079 or in our reading room, which 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) 799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Mr. Randolph Cadet, National Policy Manager, Black Stem Rust, Pest Management, PHP, PPQ, APHIS, 4700 River Road, Unit 26, Riverdale, MD 20737-1231; (301) 851-2094. SUPPLEMENTARY INFORMATION: Background 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. Section 301.38-2 of the regulations includes a listing of regulated articles and indicates those species and varieties of the genera Berberis, Mahoberberis, and Mahonia that are known to be rust-resistant. Although rust-resistant species are included as regulated articles, they may be moved into or through protected areas if accompanied by a certificate. In accordance with the procedures described below under ``Dates,'' this direct final rule will add the following B. thunbergii varieties to the list of rust-resistant Berberis species in Sec. 301.38-2(a)(1): 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'. The addition of these species is based on recent testing to determine rust resistance conducted by the Agricultural Research Service of the United States Department of Agriculture (USDA) at its Cereal Disease Laboratory in St. Paul, MN. The testing is performed in the following manner: In a greenhouse, the suspect plant or test subject is placed under a screen with a control plant--a known rust- susceptible species of Berberis, Mahoberberis, or Mahonia. Infected wheat stems, a primary host of black stem rust, are placed on top of the screen. The plants are moistened and maintained in 100 percent humidity. This causes the spores to swell and fall on the plants lying under the screen. The plants are then observed for 7 days at 20-80 percent relative humidity. If the rust-susceptible plant shows signs of infection after 7 days and the test plants do not, the test results indicate that the test plants are rust-resistant. This test must be performed 12 times, and all 12 tests must yield the same result before USDA can make a determination as to whether the test plants are rust- resistant. The test may be conducted on [[Page 3702]] 12 individual plants, or it may be performed multiple times on fewer plants (e.g., six plants tested twice or three plants tested four times). The tests must be performed on new growth, just as the leaves are unfolding. Therefore, the tests are usually conducted in the spring or fall, during the growing season. All 12 tests generally cannot be conducted on the same day because of the plants' different growth stages. Based on over 30 years of experience with this test, we believe that 12 is the reliable test sample size on which USDA can make its determination. We do not know of any plant that was subsequently discovered to be rust-susceptible after undergoing the test procedure 12 times and being determined by USDA to be rust-resistant. Dates We are publishing this rule without a prior proposal because we view this action as noncontroversial and anticipate no adverse public comment. This rule will be effective, as published in this document, on March 22, 2016, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before February 22, 2016. Adverse comments are comments that suggest the rule should not be adopted or that suggest the rule should be changed. If we receive written adverse comments or written notice of intent to submit adverse comments, we will publish a document in the Federal Register withdrawing this rule before the effective date. We will then publish a proposed rule for public comment. As discussed above, if we receive no written adverse comments or written notice of intent to submit adverse comments within 30 days of publication of this direct final rule, this direct final rule will become effective 60 days following its publication. We will publish a document in the Federal Register before the effective date of this direct final rule confirming that it is effective on the date indicated in this document. Executive Order 12866 and Regulatory Flexibility Act This rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. This analysis provides the basis, as required by the Regulatory Flexibility Act, for certification by the APHIS Administrator that the rule will not have a significant economic impact on a substantial number of small entities. This direct final rule will amend 7 CFR 301.38-2 by adding nine varieties to the list of rust-resistant Berberis species and varieties. The nursery and floriculture industries that may be affected by this rule are largely composed of small entities. We expect these entities to benefit from the rule, by being able to market interstate barberry species and varieties that have been determined to be rust-resistant. The introduction and spread of plant pests can result in damage to crops and losses to the U.S. agricultural sector. 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 this rule are classified within the following industries: Nursery and Tree Production (NAICS 111421), and Floriculture Production (NAICS 111422). According to the Census of Agriculture, these two categories, along with Greenhouse production, which makes up the rest of NAICS 1114, included 52,777 farms in 2012, and represented 2.5 percent of all farms in the United States. These entities are considered small by SBA standards if their annual sales are $750,000 or less. Over 87 percent of the farms in these industries had annual sales of less than $500,000. Barberry plants are not one of the crops tracked by the Census of Agriculture and therefore data on production and number of producers are not available. Nurseries producing barberry plant species and varieties will not be negatively affected. In fact, they will benefit from being able to market the nine varieties interstate. In addition, the rule does not require any additional reporting, recordkeeping, or other compliance measures beyond what is already in place. 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 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 2 CFR chapter IV.) 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 information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, 7 CFR part 301 is amended as follows: PART 301--DOMESTIC QUARANTINE NOTICES 0 1. The authority citation for part 301 continues to read as follows: 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, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 0 2. In Sec. 301.38-2, paragraph (a)(1) is amended by adding, in alphabetical order, nine rust-resistant Berberis species to read as follows: Sec. 301-38-2 Regulated articles. (a) * * * (1) * * * B. thunbergii `BailAnna' Moscato B. thunbergii `BailElla' Lambrusco B. thunbergii `BailErin' Limoncello * * * * * B. thunbergii BailJulia' Toscana * * * * * B. thunbergii `Daybreak' * * * * * B. thunbergii `NCBT1' * * * * * B. thunbergii x calliantha `NCBX3' B. thunbergii x media `NCBX1' B. thunbergii x media `NCBX2' * * * * * Done in Washington, DC, this 15th day of January 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-01252 Filed 1-21-16; 8:45 am] BILLING CODE 3410-34-P
![Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations 3701
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
mstockstill on DSK4VPTVN1PROD with RULES
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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![3702 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
12 individual plants, or it may be have a significant economic impact on and local laws and regulations that are
performed multiple times on fewer a substantial number of small entities. inconsistent with this rule; (2) has no
plants (e.g., six plants tested twice or This direct final rule will amend 7 retroactive effect; and (3) does not
three plants tested four times). The tests CFR 301.38–2 by adding nine varieties require administrative proceedings
must be performed on new growth, just to the list of rust-resistant Berberis before parties may file suit in court
as the leaves are unfolding. Therefore, species and varieties. The nursery and challenging this rule.
the tests are usually conducted in the floriculture industries that may be
affected by this rule are largely Paperwork Reduction Act
spring or fall, during the growing
season. All 12 tests generally cannot be composed of small entities. We expect This rule contains no information
conducted on the same day because of these entities to benefit from the rule, by collection or recordkeeping
the plants’ different growth stages. being able to market interstate barberry requirements under the Paperwork
Based on over 30 years of experience species and varieties that have been Reduction Act of 1995 (44 U.S.C. 3501
with this test, we believe that 12 is the determined to be rust-resistant. et seq.).
reliable test sample size on which The introduction and spread of plant
USDA can make its determination. We pests can result in damage to crops and List of Subjects in 7 CFR Part 301
do not know of any plant that was losses to the U.S. agricultural sector. For
Agricultural commodities, Plant
subsequently discovered to be rust- the purpose of this analysis and
diseases and pests, Quarantine,
susceptible after undergoing the test following the Small Business
Reporting and recordkeeping
procedure 12 times and being Administration (SBA) guidelines, we
requirements, Transportation.
determined by USDA to be rust- note that a major segment of entities
resistant. potentially affected by this rule are Accordingly, 7 CFR part 301 is
classified within the following amended as follows:
Dates industries: Nursery and Tree Production
We are publishing this rule without a (NAICS 111421), and Floriculture PART 301—DOMESTIC QUARANTINE
prior proposal because we view this Production (NAICS 111422). According NOTICES
action as noncontroversial and to the Census of Agriculture, these two
anticipate no adverse public comment. categories, along with Greenhouse ■ 1. The authority citation for part 301
This rule will be effective, as published production, which makes up the rest of continues to read as follows:
in this document, on March 22, 2016, NAICS 1114, included 52,777 farms in Authority: 7 U.S.C. 7701–7772 and 7781–
unless we receive written adverse 2012, and represented 2.5 percent of all 7786; 7 CFR 2.22, 2.80, and 371.3.
comments or written notice of intent to farms in the United States. These Section 301.75–15 issued under Sec. 204,
submit adverse comments on or before entities are considered small by SBA Title II, Public Law 106–113, 113 Stat.
standards if their annual sales are 1501A–293; sections 301.75–15 and 301.75–
February 22, 2016. 16 issued under Sec. 203, Title II, Public Law
Adverse comments are comments that $750,000 or less. Over 87 percent of the
106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
suggest the rule should not be adopted farms in these industries had annual
or that suggest the rule should be sales of less than $500,000. ■ 2. In § 301.38–2, paragraph (a)(1) is
changed. Barberry plants are not one of the
amended by adding, in alphabetical
If we receive written adverse crops tracked by the Census of
order, nine rust-resistant Berberis
comments or written notice of intent to Agriculture and therefore data on
species to read as follows:
submit adverse comments, we will production and number of producers are
publish a document in the Federal not available. Nurseries producing § 301–38–2 Regulated articles.
Register withdrawing this rule before barberry plant species and varieties will
(a) * * *
the effective date. We will then publish not be negatively affected. In fact, they
will benefit from being able to market (1) * * *
a proposed rule for public comment.
the nine varieties interstate. In addition, B. thunbergii ‘BailAnna’ Moscato
As discussed above, if we receive no
the rule does not require any additional B. thunbergii ‘BailElla’ Lambrusco
written adverse comments or written
reporting, recordkeeping, or other
notice of intent to submit adverse B. thunbergii ‘BailErin’ Limoncello
compliance measures beyond what is
comments within 30 days of publication * * * * *
already in place.
of this direct final rule, this direct final Under these circumstances, the B. thunbergii BailJulia’ Toscana
rule will become effective 60 days Administrator of the Animal and Plant
following its publication. We will * * * * *
Health Inspection Service has
publish a document in the Federal B. thunbergii ‘Daybreak’
determined that this action will not
Register before the effective date of this have a significant economic impact on * * * * *
direct final rule confirming that it is a substantial number of small entities. B. thunbergii ‘NCBT1’
effective on the date indicated in this
document. Executive Order 12372 * * * * *
This program/activity is listed in the B. thunbergii x calliantha ‘NCBX3’
Executive Order 12866 and Regulatory
Flexibility Act Catalog of Federal Domestic Assistance B. thunbergii x media ‘NCBX1’
under No. 10.025 and is subject to B. thunbergii x media ‘NCBX2’
This rule is subject to Executive Order Executive Order 12372, which requires
12866. However, for this action, the * * * * *
intergovernmental consultation with
mstockstill on DSK4VPTVN1PROD with RULES
Office of Management and Budget has State and local officials. (See 2 CFR Done in Washington, DC, this 15th day of
waived its review under Executive January 2016.
chapter IV.)
Order 12866. Kevin Shea,
This analysis provides the basis, as Executive Order 12988 Administrator, Animal and Plant Health
required by the Regulatory Flexibility This rule has been reviewed under Inspection Service.
Act, for certification by the APHIS Executive Order 12988, Civil Justice [FR Doc. 2016–01252 Filed 1–21–16; 8:45 am]
Administrator that the rule will not Reform. This rule: (1) Preempts all State BILLING CODE 3410–34–P
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Document Created: 2016-01-22 01:16:45
Document Modified: 2016-01-22 01:16:45
| 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. | |
| Dates | This rule will be effective on March 22, 2016, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before February 22, 2016. If we receive written adverse comments or written notice of intent to submit adverse comments, we will publish a document in the Federal Register withdrawing this rule before the effective date. | |
| Contact | Mr. Randolph Cadet, National Policy Manager, Black Stem Rust, Pest Management, PHP, PPQ, APHIS, 4700 River Road, Unit 26, Riverdale, MD 20737-1231; (301) 851-2094. | |
| FR Citation | 81 FR 3701 | |
| CFR Associated | Agricultural Commodities; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements and Transportation |
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