Black Stem Rust; Addition of Rust-Resistant Varieties, 32165-32167 [E7-11275]
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32165
Rules and Regulations
Federal Register
Vol. 72, No. 112
Tuesday, June 12, 2007
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. APHIS–2006–0169]
Pine Shoot Beetle; Additions to
Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
In an interim rule 1 effective and
published in the Federal Register on
February 12, 2007 (72 FR 6433–6435,
Docket No. APHIS–2006–0169), we
amended the pine shoot beetle
regulations in § 301.50–3(c) by adding
the entire State of Iowa and two
counties, Morris and Somerset, in New
Jersey to the list of quarantined areas.
Comments on the interim rule were
required to be received on or before
April 13, 2007. We did not receive any
comments. Therefore, for the reasons
given in the interim rule, we are
adopting the interim rule as a final rule.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
We are adopting as a final
rule, without change, an interim rule
that amended the pine shoot beetle
regulations by adding the entire State of
Iowa and two counties in New Jersey,
Morris and Somerset, to the list of
quarantined areas. We took that action
following the detection of pine shoot
beetle in these areas. The interim rule
was necessary to prevent the spread of
pine shoot beetle, a pest of pine trees,
into noninfested areas of the United
States.
SUMMARY:
Effective on June 12, 2007, we
are adopting as a final rule the interim
rule that was published at 72 FR 6433–
6435 on February 12, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
Weyman Fussell, Pine Shoot Beetle
Program Manager, Emergency and
Domestic Programs, PPQ, APHIS, 4700
River Road Unit 134, Riverdale, MD
20737–1231; (301) 734–5705.
SUPPLEMENTARY INFORMATION:
DATES:
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
PART 301—DOMESTIC QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 301 and
that was published at 72 FR 6433–6435
on February 12, 2007.
I
Done in Washington, DC, this 6th day of
June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–11276 Filed 6–11–07; 8:45 am]
BILLING CODE 3410–34–P
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Background
The regulations in 7 CFR 301.50
through 301.50–10 (referred to below as
the regulations) restrict the interstate
movement of certain regulated articles
from quarantined areas in order to
prevent the spread of pine shoot beetle
into noninfested areas of the United
States.
VerDate Aug<31>2005
11:36 Jun 11, 2007
Jkt 211001
1 To view the interim rule, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS–2006–0169.
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2007–0072]
Black Stem Rust; Addition of RustResistant Varieties
Animal and Plant Health
Inspection Service, USDA.
ACTION: Direct final rule.
AGENCY:
SUMMARY: We are amending the black
stem rust quarantine and regulations by
adding four varieties to the list of rustresistant Berberis species or cultivars in
the regulations. This action will allow
for the interstate movement of these
newly developed varieties without
unnecessary restrictions.
DATES: This rule will be effective on
August 13, 2007, unless we receive
written adverse comments or written
notice of intent to submit adverse
comments on or before July 12, 2007. 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
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2007–
0072 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2007–0072,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2007–0072.
E:\FR\FM\12JNR1.SGM
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32166
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room 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) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
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 PROD1PC67 with RULES
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
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 ‘‘Effective Date,’’
this direct final rule will add Berberis
thunbergii atropurpurea ‘Moretti Select’,
B. thunbergii ‘Fireball’, B. thunbergii
VerDate Aug<31>2005
11:36 Jun 11, 2007
Jkt 211001
‘Orange Rocket’, and B. thunbergii
‘Sparkler’ to the list of rust-resistant
Berberis species in § 301.38–2(a)(1).
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 (ARS) 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 rustresistant. 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 rustsusceptible after undergoing the test
procedure 12 times and being
determined by USDA to be rustresistant.
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 August 13, 2007,
unless we receive written adverse
comments or written notice of intent to
submit adverse comments on or before
July 12, 2007.
Adverse comments are comments that
suggest the rule should not be adopted
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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 has been reviewed under
Executive Order 12866. For this action,
the Office of Management and Budget
has waived its review under Executive
Order 12866.
We are amending the black stem rust
quarantine and regulations by adding B.
thunbergii atropurpurea ‘Moretti Select’,
B. thunbergii ‘Fireball’, B. thunbergii
‘Orange Rocket’, and B. thunbergii
‘Sparkler’ to the list of rust-resistant
species or cultivars in the regulations.
This action will provide for the
interstate movement of these newly
developed rust-resistant Berberis
varieties without unnecessary
restrictions.
Following the Small Business
Administration (SBA) guidelines, the
potentially affected entities are
classified within the following
industries: Nursery and Tree Production
(North American Industry Classification
System [NAICS] 111421), and
Floriculture Production (NAICS
111422). For these two categories,
entities are considered small by SBA
standards if their annual sales are
$750,000 or less. According to the 2002
Census of Agriculture, there were
64,366 farms in both NAICS categories
and this total represents 3 percent of the
total farms in the United States. Over 92
percent of the farms have annual sales
of less than $500,000 and by SBA
standards are considered small.
Barberry plants are not one of the
crops tracked by the Census and
therefore data on production and
number of producers are not available.
However, because we are removing
restrictions on the movement of
additional rust-resistant varieties of
barberry, it is not anticipated that any of
the nurseries producing barberry plant
E:\FR\FM\12JNR1.SGM
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Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations
species and cultivars will experience a
negative economic impact as a result of
this rulemaking. Consumers will benefit
from having a greater selection of
barberry plants, and nurseries will
benefit from being to able to market
their product more quickly.
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
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:
I
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
I
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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).
I 2. In § 301.38–2, paragraph (b) is
amended by adding, in alphabetical
order, the following rust-resistant
Berberis species:
Regulated articles.
(a) * * *
VerDate Aug<31>2005
11:36 Jun 11, 2007
Done in Washington, DC, this 6th day of
June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–11275 Filed 6–11–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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.
§ 310.38–2
(1) * * *
*
*
*
*
*
B. thunbergii atropurpurea ‘Moretti
Select’
*
*
*
*
*
B. thunbergii ‘Fireball’
*
*
*
*
*
B. thunbergii ‘Orange Rocket’
*
*
*
*
*
B. thunbergii ‘Sparkler’
*
*
*
*
*
Jkt 211001
14 CFR Part 95
[Docket No. 30555; Amdt. No. 468]
IFR Altitudes; Miscellaneous
Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule
AGENCY:
SUMMARY: This amendment adopts
miscellaneous amendments to the
required IFR (instrument flight rules)
altitudes and changeover points for
certain Federal airways, jet routes, or
direct routes for which a minimum or
maximum en route authorized IFR
altitude is prescribed. This regulatory
action is needed because of changes
occurring in the National Airspace
System. These changes are designed to
provide for the safe and efficient use of
the navigable airspace under instrument
conditions in the affected areas.
DATES: Effective Date: 0901 UTC, July 5,
2007.
FOR FURTHER INFORMATION CONTACT:
Donald P. Pate, Flight Procedure
Standards Branch (AMCAFS–420),
Flight Technologies and Programs
Division, Flight Standards Service,
Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd. Oklahoma City,
OK. 73169 (Mail Address: P.O. Box
25082 Oklahoma City, OK. 73125)
telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This
amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95)
amends, suspends, or revokes IFR
altitudes governing the operation of all
aircraft in flight over a specified route
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32167
or any portion of that route, as well as
the changeover points (COPs) for
Federal airways, jet routes, or direct
routes as prescribed in part 95.
The Rule
The specified IFR altitudes, when
used in conjunction with the prescribed
changeover points for those routes,
ensure navigation aid coverage that is
adequate for safe flight operations and
free of frequency interference. The
reasons and circumstances that create
the need for this amendment involve
matters of flight safety and operational
efficiency in the National Airspace
System, are related to published
aeronautical charts that are essential to
the user, and provide for the safe and
efficient use of the navigable airspace.
In addition, those various reasons or
circumstances require making this
amendment effective before the next
scheduled charting and publication date
of the flight information to assure its
timely availability to the user. The
effective date of this amendment reflects
those considerations. In view of the
close and immediate relationship
between these regulatory changes and
safety in air commerce, I find that notice
and public procedure before adopting
this amendment are impracticable and
contrary to the public interest and that
good cause exists for making the
amendment effective in less than 30
days.
Conclusion
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. For the same
reason, the FAA certifies that this
amendment will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 95
Airspace, Navigation (air).
Issued in Washington, DC, on June 5, 2007.
James J. Ballough,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
I
E:\FR\FM\12JNR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 112 (Tuesday, June 12, 2007)]
[Rules and Regulations]
[Pages 32165-32167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11275]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2007-0072]
Black Stem Rust; Addition of Rust-Resistant 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 four varieties to the list of rust-resistant Berberis species
or cultivars in the regulations. This action will allow for the
interstate movement of these newly developed varieties without
unnecessary restrictions.
DATES: This rule will be effective on August 13, 2007, unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before July 12, 2007. 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 by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2007-0072 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2007-0072, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2007-0072.
[[Page 32166]]
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room 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) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
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 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 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 ``Effective
Date,'' this direct final rule will add Berberis thunbergii
atropurpurea `Moretti Select', B. thunbergii `Fireball', B. thunbergii
`Orange Rocket', and B. thunbergii `Sparkler' to the list of rust-
resistant Berberis species in Sec. 301.38-2(a)(1).
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 (ARS) 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 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
August 13, 2007, unless we receive written adverse comments or written
notice of intent to submit adverse comments on or before July 12, 2007.
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 has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the black stem rust quarantine and regulations by
adding B. thunbergii atropurpurea `Moretti Select', B. thunbergii
`Fireball', B. thunbergii `Orange Rocket', and B. thunbergii `Sparkler'
to the list of rust-resistant species or cultivars in the regulations.
This action will provide for the interstate movement of these newly
developed rust-resistant Berberis varieties without unnecessary
restrictions.
Following the Small Business Administration (SBA) guidelines, the
potentially affected entities are classified within the following
industries: Nursery and Tree Production (North American Industry
Classification System [NAICS] 111421), and Floriculture Production
(NAICS 111422). For these two categories, entities are considered small
by SBA standards if their annual sales are $750,000 or less. According
to the 2002 Census of Agriculture, there were 64,366 farms in both
NAICS categories and this total represents 3 percent of the total farms
in the United States. Over 92 percent of the farms have annual sales of
less than $500,000 and by SBA standards are considered small.
Barberry plants are not one of the crops tracked by the Census and
therefore data on production and number of producers are not available.
However, because we are removing restrictions on the movement of
additional rust-resistant varieties of barberry, it is not anticipated
that any of the nurseries producing barberry plant
[[Page 32167]]
species and cultivars will experience a negative economic impact as a
result of this rulemaking. Consumers will benefit from having a greater
selection of barberry plants, and nurseries will benefit from being to
able to market their product more quickly.
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 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.
0
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 (b) is amended by adding, in
alphabetical order, the following rust-resistant Berberis species:
Sec. 310.38-2 Regulated articles.
(a) * * *
(1) * * *
* * * * *
B. thunbergii atropurpurea `Moretti Select'
* * * * *
B. thunbergii `Fireball'
* * * * *
B. thunbergii `Orange Rocket'
* * * * *
B. thunbergii `Sparkler'
* * * * *
Done in Washington, DC, this 6th day of June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-11275 Filed 6-11-07; 8:45 am]
BILLING CODE 3410-34-P
