[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38666-38667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18573]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 95-035-1]
Black Stem Rust; Addition of Rust-Resistant Varieties
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: We are amending the black stem rust quarantine and regulations
to add three varieties to the list of rust-resistant Berberis species.
This change will allow for the interstate movement of these newly
developed varieties without unnecessary restrictions.
DATES: This rule will be effective on September 26, 1995, unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before August 28, 1995.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Docket No.
95-035-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that
your submission refers to Docket No. 95-035-1. Submissions received may
be inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments and notices are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,
Domestic and Emergency Operations, PPQ, APHIS, Suite 4C03, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-6365.
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 that reduces the quality and yield of infected
wheat, oat, barley, and rye crops by robbing host plants of food and
water. 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 Mohonia. The fungus is spread from host to
host by wind-borne spores.
The black stem rust quarantine and regulations, 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 species of the genera Berberis, Mahoberberis,
and Mahonia, 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 ``Effective Date,'' this
direct final rule will add Berberis candidula `Amstelveen', Berberis
thunbergii `Lustre green', and Berberis thunbergii `Monry', to the list
of rust-resistant Berberis species in Sec. 301.38-2(b).
The addition of the species listed above to the list of rust-
resistant Berberis 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 Rust
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 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 this 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, 60
days after the date of publication in the Federal Register unless we
receive written adverse comments or written notice of intent to submit
adverse comments within 30 days of the date of publication of this rule
in the Federal Register.
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 notice in the Federal
Register withdrawing this rule before the effective date. We will then
publish a
[[Page 38667]]
proposed rule for public comment. Following the close of that comment
period, the comments will be considered, and a final rule addressing
the comments will be published.
As discussed above, if we received no written adverse comments nor
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
notice to this effect 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 has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
This rule will allow the interstate movement of Berberis candidula
`Amstelveen,' Berberis thunbergii `Lustre Green,' and Berberis
thunbergii `Monry,' into and through States or parts of States
designated as protected areas in accordance with the requirements in
the regulations. Based on the information provided to us, we have
determined that this rule will affect three nurseries that might
propagate the new species and numerous retail sales nurseries that
might purchase or resell the varieties. This rule will enable those
nurseries to move the species into and through protected areas and to
propagate and sell the species in States or parts of States designated
as protected areas. It is unlikely that the addition of these varieties
to the list of rust-resistant Berberis species will have any effect on
prices, investment, productivity, or our international competitive
position. It is possible that this rule will positively affect
innovation by allowing nurseries that develop new rust-resistant
Berberis varieties the opportunity to market those varieties in
protected areas. It is also possible that this rule will have some
positive effect on nurseries that are small businesses by providing an
opportunity for increased sales of rust-resistant Berberis species in
protected areas. We cannot predict the exact number of nurseries that
might be affected by this rule change, nor can we predict the level of
demand for these new species or the impact on nurseries producing or
selling them. It is likely, however, that any economic effects will not
be significant as a result of additional plant sales.
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 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict 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 1980 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant disease and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, 7 CFR part 301 is amended as follows:
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.17, 2.51, and 371.2(c).
2. In Sec. 301.38-2, paragraph (b) is amended by adding, in
alphabetical order, the following rust-resistant Berberis species:
Sec. 301.38-2 Regulated articles.
* * * * *
(b) * * *
B. candidula `Amstelveen'
* * * * *
B. thunbergii `Lustre Green'
* * * * *
B. thunbergii `Monry'
* * * * *
Done in Washington, DC, this 18th day of July 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-18573 Filed 7-27-95; 8:45 am]
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