Black Stem Rust; Movement Restrictions and Addition of Rust-Resistant Varieties, 5777-5779 [06-1008]
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5777
Rules and Regulations
Federal Register
Vol. 71, No. 23
Friday, February 3, 2006
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. 04–003–2]
Black Stem Rust; Movement
Restrictions and Addition of RustResistant Varieties
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending the black
stem rust quarantine and regulations by
changing the movement restrictions in
order to allow clonally propagated
offspring of rust-resistant Berberis
cultivars to move into or through a
protected area without completing a 2year growth period. This change will
lessen an unnecessarily strict movement
requirement. We are also adding 13
varieties to the list of rust-resistant
Berberis species. This change allows for
the interstate movement of these newly
developed varieties without
unnecessary restrictions.
DATES: Effective February 3, 2006.
FOR FURTHER INFORMATION CONTACT: Dr.
Vedpal Malik, Agriculturalist, Invasive
Species and Pest Management, PPQ,
APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737–1236; (301) 734–
6774.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC71 with RULES
Background
Black stem rust is one of the most
destructive plant diseases that is known
to exist in the United States. The disease
is caused by a fungus that reduces the
quality of 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
VerDate Aug<31>2005
14:50 Feb 02, 2006
Jkt 208001
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, 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 October 12, 2005, we published in
the Federal Register (60 FR 59280–
59283, Docket No. 04–003–1) a proposal
to amend the regulations to allow
clonally propagated offspring obtained
from black stem rust resistant Berberis
cultivars of more than 2 years’ growth
to be moved into or through protected
areas without undergoing a 2-year
growth period. We also proposed to add
13 new varieties to the list of rustresistant Berberis species and to make
several editorial and organizational
changes to the regulations to improve
their accuracy or clarity.
We solicited comments concerning
our proposal for 60 days ending
December 12, 2005. We did not receive
any comments. Therefore, for the
reasons given in the proposed rule, we
are adopting the proposed rule as a final
rule, without change.
Effective Date
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
Immediate implementation of this
rule is necessary to provide relief to
those persons who are adversely
affected by restrictions we no longer
find warranted. Making this rule
effective immediately will allow
interested nurseries and others in the
marketing chain to benefit during this
year’s nursery stock shipping and
marketing season. Therefore, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this rule should be
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Fmt 4700
Sfmt 4700
effective upon publication in the
Federal Register.
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 under Executive
Order 12866.
This rule adds 13 new varieties of
Berberis to the list of species that have
been determined to be resistant to black
stem rust and that are thus eligible to be
moved interstate 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 fewer than five nurseries that
might propagate the new species and
numerous retail nurseries that might
purchase and resell the varieties. This
rule will enable those nurseries to move
the new varieties into and through
protected areas and to propagate and
sell those varieties in States of parts of
States designated as protected areas.
The addition of these 13 new varieties
will provide a greater selection of
barberry plant varieties from which
consumers can choose. This rule could
encourage innovation by allowing
nurseries that develop new rustresistant barberry varieties the
opportunity to market those varieties in
protected areas; however, there is no
indication that the periodic introduction
of new varieties has any effect on
overall sales volumes. Therefore, we do
not anticipate that there will be any
significant economic impact on those
nurseries that might handle the new
varieties.
Additionally, this rule allows
nurseries that produce clonally
propagated offspring from rust-resistant
Berberis cultivars to sell them without
first undergoing a 2-year growth period.
The Regulatory Flexibility Act
requires that agencies consider the
economic impact of their rules on small
entities and to use flexibility to provide
regulatory relief when regulations create
economic disparities between differentsized entities. According to the Small
Business Administration’s (SBA’s)
Office of Advocacy, regulations create
economic disparities based on size
when they have a significant economic
impact on a substantial number of small
entities.
E:\FR\FM\03FER1.SGM
03FER1
5778
Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Rules and Regulations
Plant nursery farms and greenhouses
are classified as small businesses if they
receive less than $750,000 in annual
sales receipts. According to the 1997
Census of Agriculture, an average U.S.
nursery had annual sales of
approximately $160,000. Therefore, it
appears that the majority of U.S.
nurseries qualify as small businesses
under SBA’s standards.
Those nurseries that produce rustresistant Berberis varieties will benefit
from this rule in that they will not have
to undergo a 2-year waiting period
before they are able to sell the clonally
propagated offspring of rust-resistant
Berberis cultivars in protected areas or
move those plants through protected
areas. While we are unable to qualify
those benefits without knowing the
number of entities that may avail
themselves of this relaxation of
movement related restrictions for
clonally propagated rust-resistant
Berberis plants, we do not expect that
the savings in production costs will be
significant.
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.)
This final 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 final rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
cprice-sewell on PROD1PC71 with RULES
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR
part 301 as follows:
I
14:50 Feb 02, 2006
1. The authority citation for part 301
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 also issued under Sec.
204, Title II, Pub. L. 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75–
16 also issued under Sec. 203, Title II, Pub.
L. 106–224, 114 Stat. 400 (7 U.S.C. 1421
note).
2. Section 301.38–1 is amended as
follows:
I a. By adding, in alphabetical order, a
definition of clonally propagated to read
as set forth below.
I b. In the definition of protected area,
by removing the citation ‘‘§ 301.38–3(c)’’
and adding the citation ‘‘§ 301.38–3(d)’’
in its place.
I c. In the definition of rust-resistant
plants, by removing the word ‘‘species’’
and by removing the citation ‘‘§ 301.38–
2(a)(2) and (a)(3)’’ and adding the
citation ‘‘§ 301.38–2(a)(1) and (a)(2)’’ in
its place.
I d. In the definition of rust-susceptible
plants, by removing the word ‘‘species’’
and by removing the citation ‘‘§ 301.38–
2(a)(2) and (a)(3)’’ and adding the
citation ‘‘§ 301.38–2(a)(1) and (a)(2)’’ in
its place.
I e. In the definition of regulated article,
by removing the words ‘‘through (a)(4)’’
and adding the words ‘‘through (a)(3)’’
in their place and by removing the
citation ‘‘§ 301.38–2(a)(5)’’ and adding
the citation ‘‘§ 301.38–2(a)(4)’’ in its
place.
I
§ 301.38–1
Definitions.
*
Executive Order 12988
VerDate Aug<31>2005
PART 301—DOMESTIC QUARANTINE
NOTICES
Jkt 208001
*
*
*
*
Clonally propagated. Reproduced
asexually through cuttings, tissue
culture, suckers, or crown division. For
the purposes of this subpart, a Berberis
plant will be considered clonally
propagated only if its parent stock is, or
was derived from, a seed-propagated
black stem rust-resistant plant of more
than 2 years’ growth.
*
*
*
*
*
I 3. Section 301.38–2 is amended as
follows:
I a. By removing paragraph (a)(1) and
redesignating paragraphs (a)(2) through
(a)(5) as paragraphs (a)(1) through (a)(4),
respectively.
I b. In newly redesignated paragraph
(a)(1), by adding the words ‘‘and
varieties’’ after the word ‘‘species’’ and
by adding, in alphabetical order, 13 new
entries to the list of rust-resistant
species to read as set forth below.
I c. In newly redesignated paragraph
(a)(2), by adding the words ‘‘and
varieties’’ after the word ‘‘species’’.
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d. By revising newly redesignated
paragraph (a)(3) to read as set forth
below.
I e. In newly redesignated paragraph
(a)(4), by removing the words ‘‘through
(a)(4)’’ and adding the words ‘‘through
(a)(3)’’ in their place.
I f. In paragraph (b), in both the first
and second sentences, by removing the
words ‘‘(a)(2) or (a)(3)’’ and adding the
words ‘‘(a)(1) or (a)(2)’’ in their place.
I
§ 301.82–2
Regulated articles.
(a) * * *
(1) * * *
B. thunbergii ‘Admiration’
*
*
*
*
*
B. thunbergii ‘Crimson Ruby’
*
*
*
*
*
B. thunbergii ‘Golden Carpet’
B. thunbergii ‘Golden Devine’
*
*
*
*
*
B. thunbergii ‘Golden Rocket’
B. thunbergii ‘Golden Ruby’
*
*
*
*
*
B. thunbergii ‘Maria’
*
*
*
*
*
B. thunbergii ‘Pow Wow’
B. thunbergii ‘Red Carpet’
B. thunbergii ‘Red Rocket’
B. thunbergii ‘Rosy Rocket’
*
*
*
*
*
B. thunbergii ‘Talago’
*
*
*
*
*
B. thunbergii ‘Tiny Gold’
*
*
*
*
*
(3) All plants, seeds, fruits, and other
plant parts capable of propagation from
rust-susceptible species and varieties of
the genera Berberis, Mahoberberis, and
Mahonia, except Mahonia cuttings for
decorative purposes.
*
*
*
*
*
§ 301.38–3
[Amended]
4. In § 301.38–3, paragraphs (a) and (f)
are amended by removing the words
‘‘paragraph (c)’’ and adding the words
‘‘paragraph (d)’’ in their place.
I 5. In § 301.38–4, paragraphs (a) and
(b) are revised to read as follows:
I
§ 301.38–4 Interstate movement of
regulated articles.
(a) Non-protected areas. Interstate
movement of regulated articles into or
through any State or area that is not
designated as a protected area under
§ 301.38–3(d) is allowed without
restriction under this subpart.
(b) Protected areas. (1) Prohibited
movement. The following regulated
articles are prohibited from moving
interstate into or through any protected
area:
(i) All rust-susceptible Berberis,
Mahoberberis, and Mahonia plants,
E:\FR\FM\03FER1.SGM
03FER1
Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Rules and Regulations
seeds, fruits, and other plant parts
capable of propagation, except Mahonia
cuttings for decorative purposes.
(ii) All seed-propagated plants of the
Berberis species and varieties
designated as rust-resistant in § 301.38–
2(a)(1) of this subpart that are of less
than 2 years’ growth, and any seeds,
fruits, and other plant parts capable of
propagation from such plants.
(2) Restricted movement. The
following regulated articles may be
moved interstate into or through a
protected area with a certificate issued
and attached in accordance with
§§ 301.38–5 and 301.38–7 of this
subpart:
(i) Seed-propagated plants of at least
2 years’ growth, clonally propagated
plants of any age, seeds, fruits, and
other plant parts capable of propagation
of the Berberis species and varieties
designated as rust-resistant in § 301.38–
2(a)(1) of this subpart;
(ii) Plants, seeds, fruits, and other
plant parts capable of propagation of the
Mahoberberis and Mahonia species and
varieties designated as rust-resistant in
§ 301.38–2(a)(2) of this subpart.
*
*
*
*
*
Done in Washington, DC, this 30th day of
January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 06–1008 Filed 2–2–06; 8:45 am]
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BILLING CODE 3410–34–P
VerDate Aug<31>2005
14:50 Feb 02, 2006
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 30
[Docket No. 05–07]
FEDERAL RESERVE SYSTEM
12 CFR 208 and 225
[Docket No. OP–1155]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 364
DEPARTMENT OF TREASURY
Office of Thrift Supervision
12 CFR Parts 568 and 570
[No. 2005–11]
RIN 1550–AB97
Interagency Guidance on Response
Programs for Unauthorized Access to
Customer Information and Customer
Notice; Correction
AGENCIES: Office of the Comptroller of
the Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC); Office of
Thrift Supervision, Treasury (OTS).
ACTION: Interpretive guidance and OTS
final rule; correction.
The OCC, Board, FDIC and
OTS published in the Federal Register
on March 29, 2005 interpretive guidance
on the Gramm-Leach-Bliley Act (GLBA)
and the Interagency Guidelines
Establishing Information Security
Standards (Security Guidelines). In
footnote six of the interpretive guidance,
the Federal Trade Commission (‘‘FTC’’)
citation reads 12 CFR part 314 whereas
it should read 16 CFR part 314.
DATES: Effective February 3, 2006.
FOR FURTHER INFORMATION CONTACT:
OCC: Aida Plaza Carter, Director, Bank
Information Technology, (202) 874–
4740; Amy Friend, Assistant Chief
Counsel, (202) 874–5200; or Deborah
Katz, Senior Counsel, Legislative and
Regulatory Activities Division, (202)
874–5090, at 250 E Street, SW.,
Washington, DC 20219.
Board: Donna L. Parker, Supervisory
Financial Analyst, Division of Banking
Supervision & Regulation, (202) 452–
2614; or Joshua H. Kaplan, Attorney,
Legal Division, (202) 452–2249, at 20th
and C Streets, NW., Washington, DC
20551.
SUMMARY:
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5779
FDIC: Jeffrey M. Kopchik, Senior
Policy Analyst, Division of Supervision
and Consumer Protection, (202) 898–
3872; Kathryn M. Weatherby, Examiner
Specialist, Division of Supervision and
Consumer Protection, (202) 898–6793;
or Robert Lee, Counsel, Legal Division,
(202) 898–8803, at 550 17th Street, NW.,
Washington, DC 20429.
OTS: Lewis C. Angel, Program
Manager, (202) 906–5645; Glenn
Gimble, Senior Project Manager,
Consumer Protection and Specialized
Programs, (202) 906–7158; or Richard
Bennett, Counsel, Regulations and
Legislation Division, (202) 906–7409, at
1700 G Street, NW., Washington, DC
20552.
The OCC,
Board, FDIC, and OTS published a
document in the Federal Register of
March 29, 2005 (70 FR 15736), the
‘‘Interagency Guidance on Response to
Programs for Unauthorized Access to
Customer information and Customer
Notice’’. There was an error in footnote
6 of the interpretive guidance regarding
the Federal Trade Commission citation.
It reads 12 CFR part 314 whereas it
should read 16 CFR part 314.
SUPPLEMENTARY INFORMATION:
List of Subjects
12 CFR Part 30
Banks, banking, Consumer protection,
National banks, Privacy, Reporting and
recordkeeping requirements.
12 CFR Part 208
Banks, banking, Consumer protection,
Information, Privacy, Reporting and
recordkeeping requirements.
12 CFR Part 225
Banks, banking, Holding companies,
Reporting and recordkeeping
requirements.
12 CFR Part 364
Administrative practice and
procedure, Bank deposit insurance,
Banks, banking, Reporting and
recordkeeping requirements, Safety and
Soundness.
12 CFR Part 568
Consumer protection, Privacy,
Reporting and recordkeeping
requirements, Savings associations,
Security measures.
12 CFR Part 570
Accounting, Administrative practice
and procedure, Bank deposit insurance,
Consumer protection, Holding
companies, Privacy, Reporting and
recordkeeping requirements, Safety and
soundness, Savings associations.
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Rules and Regulations]
[Pages 5777-5779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1008]
========================================================================
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. 71, No. 23 / Friday, February 3, 2006 / Rules
and Regulations
[[Page 5777]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-003-2]
Black Stem Rust; Movement Restrictions and Addition of Rust-
Resistant Varieties
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the black stem rust quarantine and regulations
by changing the movement restrictions in order to allow clonally
propagated offspring of rust-resistant Berberis cultivars to move into
or through a protected area without completing a 2-year growth period.
This change will lessen an unnecessarily strict movement requirement.
We are also adding 13 varieties to the list of rust-resistant Berberis
species. This change allows for the interstate movement of these newly
developed varieties without unnecessary restrictions.
DATES: Effective February 3, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Agriculturalist,
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit
134, Riverdale, MD 20737-1236; (301) 734-6774.
SUPPLEMENTARY INFORMATION:
Background
Black stem rust is one of the most destructive plant diseases that
is known to exist in the United States. The disease is caused by a
fungus that reduces the quality of 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 Mahonia. The fungus is spread from host to host by
windborne 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.
On October 12, 2005, we published in the Federal Register (60 FR
59280-59283, Docket No. 04-003-1) a proposal to amend the regulations
to allow clonally propagated offspring obtained from black stem rust
resistant Berberis cultivars of more than 2 years' growth to be moved
into or through protected areas without undergoing a 2-year growth
period. We also proposed to add 13 new varieties to the list of rust-
resistant Berberis species and to make several editorial and
organizational changes to the regulations to improve their accuracy or
clarity.
We solicited comments concerning our proposal for 60 days ending
December 12, 2005. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. Making this rule effective immediately will
allow interested nurseries and others in the marketing chain to benefit
during this year's nursery stock shipping and marketing season.
Therefore, the Administrator of the Animal and Plant Health Inspection
Service has determined that this rule should be effective upon
publication in the Federal Register.
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 under
Executive Order 12866.
This rule adds 13 new varieties of Berberis to the list of species
that have been determined to be resistant to black stem rust and that
are thus eligible to be moved interstate 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 fewer than five
nurseries that might propagate the new species and numerous retail
nurseries that might purchase and resell the varieties. This rule will
enable those nurseries to move the new varieties into and through
protected areas and to propagate and sell those varieties in States of
parts of States designated as protected areas.
The addition of these 13 new varieties will provide a greater
selection of barberry plant varieties from which consumers can choose.
This rule could encourage innovation by allowing nurseries that develop
new rust-resistant barberry varieties the opportunity to market those
varieties in protected areas; however, there is no indication that the
periodic introduction of new varieties has any effect on overall sales
volumes. Therefore, we do not anticipate that there will be any
significant economic impact on those nurseries that might handle the
new varieties.
Additionally, this rule allows nurseries that produce clonally
propagated offspring from rust-resistant Berberis cultivars to sell
them without first undergoing a 2-year growth period.
The Regulatory Flexibility Act requires that agencies consider the
economic impact of their rules on small entities and to use flexibility
to provide regulatory relief when regulations create economic
disparities between different-sized entities. According to the Small
Business Administration's (SBA's) Office of Advocacy, regulations
create economic disparities based on size when they have a significant
economic impact on a substantial number of small entities.
[[Page 5778]]
Plant nursery farms and greenhouses are classified as small
businesses if they receive less than $750,000 in annual sales receipts.
According to the 1997 Census of Agriculture, an average U.S. nursery
had annual sales of approximately $160,000. Therefore, it appears that
the majority of U.S. nurseries qualify as small businesses under SBA's
standards.
Those nurseries that produce rust-resistant Berberis varieties will
benefit from this rule in that they will not have to undergo a 2-year
waiting period before they are able to sell the clonally propagated
offspring of rust-resistant Berberis cultivars in protected areas or
move those plants through protected areas. While we are unable to
qualify those benefits without knowing the number of entities that may
avail themselves of this relaxation of movement related restrictions
for clonally propagated rust-resistant Berberis plants, we do not
expect that the savings in production costs will be significant.
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 12988
This final 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 final 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.
0
Accordingly, we are amending 7 CFR part 301 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 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
0
2. Section 301.38-1 is amended as follows:
0
a. By adding, in alphabetical order, a definition of clonally
propagated to read as set forth below.
0
b. In the definition of protected area, by removing the citation
``Sec. 301.38-3(c)'' and adding the citation ``Sec. 301.38-3(d)'' in
its place.
0
c. In the definition of rust-resistant plants, by removing the word
``species'' and by removing the citation ``Sec. 301.38-2(a)(2) and
(a)(3)'' and adding the citation ``Sec. 301.38-2(a)(1) and (a)(2)'' in
its place.
0
d. In the definition of rust-susceptible plants, by removing the word
``species'' and by removing the citation ``Sec. 301.38-2(a)(2) and
(a)(3)'' and adding the citation ``Sec. 301.38-2(a)(1) and (a)(2)'' in
its place.
0
e. In the definition of regulated article, by removing the words
``through (a)(4)'' and adding the words ``through (a)(3)'' in their
place and by removing the citation ``Sec. 301.38-2(a)(5)'' and adding
the citation ``Sec. 301.38-2(a)(4)'' in its place.
Sec. 301.38-1 Definitions.
* * * * *
Clonally propagated. Reproduced asexually through cuttings, tissue
culture, suckers, or crown division. For the purposes of this subpart,
a Berberis plant will be considered clonally propagated only if its
parent stock is, or was derived from, a seed-propagated black stem
rust-resistant plant of more than 2 years' growth.
* * * * *
0
3. Section 301.38-2 is amended as follows:
0
a. By removing paragraph (a)(1) and redesignating paragraphs (a)(2)
through (a)(5) as paragraphs (a)(1) through (a)(4), respectively.
0
b. In newly redesignated paragraph (a)(1), by adding the words ``and
varieties'' after the word ``species'' and by adding, in alphabetical
order, 13 new entries to the list of rust-resistant species to read as
set forth below.
0
c. In newly redesignated paragraph (a)(2), by adding the words ``and
varieties'' after the word ``species''.
0
d. By revising newly redesignated paragraph (a)(3) to read as set forth
below.
0
e. In newly redesignated paragraph (a)(4), by removing the words
``through (a)(4)'' and adding the words ``through (a)(3)'' in their
place.
0
f. In paragraph (b), in both the first and second sentences, by
removing the words ``(a)(2) or (a)(3)'' and adding the words ``(a)(1)
or (a)(2)'' in their place.
Sec. 301.82-2 Regulated articles.
(a) * * *
(1) * * *
B. thunbergii `Admiration'
* * * * *
B. thunbergii `Crimson Ruby'
* * * * *
B. thunbergii `Golden Carpet'
B. thunbergii `Golden Devine'
* * * * *
B. thunbergii `Golden Rocket'
B. thunbergii `Golden Ruby'
* * * * *
B. thunbergii `Maria'
* * * * *
B. thunbergii `Pow Wow'
B. thunbergii `Red Carpet'
B. thunbergii `Red Rocket'
B. thunbergii `Rosy Rocket'
* * * * *
B. thunbergii `Talago'
* * * * *
B. thunbergii `Tiny Gold'
* * * * *
(3) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the genera
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for
decorative purposes.
* * * * *
Sec. 301.38-3 [Amended]
0
4. In Sec. 301.38-3, paragraphs (a) and (f) are amended by removing
the words ``paragraph (c)'' and adding the words ``paragraph (d)'' in
their place.
0
5. In Sec. 301.38-4, paragraphs (a) and (b) are revised to read as
follows:
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. Interstate movement of regulated articles
into or through any State or area that is not designated as a protected
area under Sec. 301.38-3(d) is allowed without restriction under this
subpart.
(b) Protected areas. (1) Prohibited movement. The following
regulated articles are prohibited from moving interstate into or
through any protected area:
(i) All rust-susceptible Berberis, Mahoberberis, and Mahonia
plants,
[[Page 5779]]
seeds, fruits, and other plant parts capable of propagation, except
Mahonia cuttings for decorative purposes.
(ii) All seed-propagated plants of the Berberis species and
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this
subpart that are of less than 2 years' growth, and any seeds, fruits,
and other plant parts capable of propagation from such plants.
(2) Restricted movement. The following regulated articles may be
moved interstate into or through a protected area with a certificate
issued and attached in accordance with Sec. Sec. 301.38-5 and 301.38-7
of this subpart:
(i) Seed-propagated plants of at least 2 years' growth, clonally
propagated plants of any age, seeds, fruits, and other plant parts
capable of propagation of the Berberis species and varieties designated
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
(ii) Plants, seeds, fruits, and other plant parts capable of
propagation of the Mahoberberis and Mahonia species and varieties
designated as rust-resistant in Sec. 301.38-2(a)(2) of this subpart.
* * * * *
Done in Washington, DC, this 30th day of January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-1008 Filed 2-2-06; 8:45 am]
BILLING CODE 3410-34-P
