Black Stem Rust; Additions of Rust-Resistant Species and Varieties, 15153 [2016-06476]
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15153
Rules and Regulations
Federal Register
Vol. 81, No. 55
Tuesday, March 22, 2016
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–2015–0079]
Black Stem Rust; Additions of RustResistant Species and Varieties
Animal and Plant Health
Inspection Service, USDA.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
On January 22, 2016, the
Animal and Plant Health Inspection
Service published a direct final rule.
The direct final rule notified the public
of our intention to amend the black stem
rust quarantine and regulations by
adding nine varieties to the list of rustresistant Berberis species and varieties.
We received two comments, which are
addressed in this document.
DATES: The effective date of the direct
final rule published January 22, 2016, at
81 FR 3701, is confirmed as March 22,
2016.
FOR FURTHER INFORMATION CONTACT: Dr.
Richard N. Johnson, National Policy
Manager, Black Stem Rust, Pest
Management, PHP, PPQ, APHIS, 4700
River Road Unit 26, Riverdale, MD
20737–1231; (301) 851–2109.
SUPPLEMENTARY INFORMATION: 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
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:43 Mar 21, 2016
Jkt 238001
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 January 22, 2016, the Animal and
Plant Health Inspection Service (APHIS)
published in the Federal Register (81
FR 3701–3702) 1 a direct final rule to
add the following B. thunbergii varieties
to the list of rust-resistant Berberis
species in § 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’.
We solicited comments on the rule for
30 days ending February 22, 2016, and
indicated that, if we received written
adverse comments or written notice of
intent to submit adverse comments, we
would publish a document in the
Federal Register withdrawing the direct
final rule before the effective date.
We received two comments by that
date. One commenter fully supported
the rule. The other commenter stated
that the rule should not be promulgated
because it promoted interstate
commerce of Berberis plants, which are
considered an invasive species in the
Midwest and Eastern United States.
However, the only supporting
information that the commenter
provided was a Web site link to a page
related to varieties of Berberis in the
natural environment, and not the
commercially produced and marketed
cultivars that were the subject of the
rule. Moreover, APHIS’ restrictions on
the interstate movement of Berberis spp.
plants are imposed to ensure that those
plants do not pose a risk of spreading
black stem rust or contributing to the
development of new races of the rust.
1 To view the direct final rule and the comments
received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2015-0079.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Thus, considerations regarding the
potential invasiveness of the Berberis
spp. plants themselves are outside the
scope of this rulemaking. Therefore, for
the reasons given in the direct final rule,
we are confirming the effective date as
March 22, 2016.
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, Pub. L. 106–113, 113 Stat. 1501A–
293; sections 301.75–15 and 301.75–16
issued under Sec. 203, Title II, Pub. L. 106–
224, 114 Stat. 400 (7 U.S.C. 1421 note).
Done in Washington, DC, this 16th day of
March 2016.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2016–06476 Filed 3–21–16; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2015–0156]
RIN 3150–AJ63
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System; Amendment No. 9,
Revision 1
Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of March 21, 2016, for the
direct final rule that was published in
the Federal Register on January 6, 2016.
This direct final rule amended spent
fuel storage regulations by revising the
Holtec International HI–STORM 100
Cask System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 9, Revision 1,
to Certificate of Compliance No. 1014.
Amendment No. 9, Revision 1, changes
cooling time limits for thimble plug
devices, removes certain testing
requirements for the fabrication of
Metamic HT neutron-absorbing
structural material, and reduces certain
minimum guaranteed values used in
bounding calculations for this material.
Amendment No. 9, Revision 1, also
changes fuel definitions to classify
SUMMARY:
E:\FR\FM\22MRR1.SGM
22MRR1
]]>Agencies
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Rules and Regulations]
[Page 15153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06476]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Rules
and Regulations
[[Page 15153]]
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; confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: On January 22, 2016, the Animal and Plant Health Inspection
Service published a direct final rule. The direct final rule notified
the public of our intention to amend the black stem rust quarantine and
regulations by adding nine varieties to the list of rust-resistant
Berberis species and varieties. We received two comments, which are
addressed in this document.
DATES: The effective date of the direct final rule published January
22, 2016, at 81 FR 3701, is confirmed as March 22, 2016.
FOR FURTHER INFORMATION CONTACT: Dr. Richard N. Johnson, National
Policy Manager, Black Stem Rust, Pest Management, PHP, PPQ, APHIS, 4700
River Road Unit 26, Riverdale, MD 20737-1231; (301) 851-2109.
SUPPLEMENTARY INFORMATION: 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.
On January 22, 2016, the Animal and Plant Health Inspection Service
(APHIS) published in the Federal Register (81 FR 3701-3702) \1\ a
direct final rule to add the following B. thunbergii varieties to the
list of rust-resistant Berberis species in Sec. 301.38-2(a)(1):
---------------------------------------------------------------------------
\1\ To view the direct final rule and the comments received, go
to https://www.regulations.gov/#!docketDetail;D=APHIS-2015-0079.
---------------------------------------------------------------------------
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'.
We solicited comments on the rule for 30 days ending February 22,
2016, and indicated that, if we received written adverse comments or
written notice of intent to submit adverse comments, we would publish a
document in the Federal Register withdrawing the direct final rule
before the effective date.
We received two comments by that date. One commenter fully
supported the rule. The other commenter stated that the rule should not
be promulgated because it promoted interstate commerce of Berberis
plants, which are considered an invasive species in the Midwest and
Eastern United States. However, the only supporting information that
the commenter provided was a Web site link to a page related to
varieties of Berberis in the natural environment, and not the
commercially produced and marketed cultivars that were the subject of
the rule. Moreover, APHIS' restrictions on the interstate movement of
Berberis spp. plants are imposed to ensure that those plants do not
pose a risk of spreading black stem rust or contributing to the
development of new races of the rust. Thus, considerations regarding
the potential invasiveness of the Berberis spp. plants themselves are
outside the scope of this rulemaking. Therefore, for the reasons given
in the direct final rule, we are confirming the effective date as March
22, 2016.
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, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C.
1421 note).
Done in Washington, DC, this 16th day of March 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-06476 Filed 3-21-16; 8:45 am]
BILLING CODE 3410-34-P
