Black Stem Rust; Additions of Rust-Resistant Species and Varieties, 41825-41827 [2017-18712]
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41825
Rules and Regulations
Federal Register
Vol. 82, No. 170
Tuesday, September 5, 2017
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2017–0049]
Black Stem Rust; Additions of RustResistant Species and Varieties
Animal and Plant Health
Inspection Service, USDA.
ACTION: Direct final rule.
AGENCY:
We are amending the black
stem rust quarantine and regulations by
adding 15 varieties to the list of rustresistant Berberis species and varieties
and 2 varieties to the list of rustresistant Mahonia species and varieties.
This action will allow for the interstate
movement of these newly developed
varieties without unnecessary
restrictions.
SUMMARY:
This rule will be effective on
November 6, 2017, unless we receive
written adverse comments or written
notice of intent to submit adverse
comments on or before October 5, 2017.
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
https://www.regulations.gov/#!docket
Detail;D=APHIS-2017-0049.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2017–0049, 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 https://
mstockstill on DSK30JT082PROD with RULES
DATES:
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
www.regulations.gov/#!docketDetail;D=
APHIS-2017-0049 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: 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:
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
varieties to the lists of rust-resistant
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Frm 00001
Fmt 4700
Sfmt 4700
Berberis and Mahonia species in
§ 301.38–2(a)(1) and (a)(2):
• B. thunbergii atropurpurea x B.
xmedia H2011–085–006;
• B. thunbergii ‘Diabolicum’;
• B. thunbergii ‘‘8–8–13’’;
• B. thunbergii H2007–001–031;
• B. thunbergii Orange Torch;
• B. thunbergii Red Torch;
• B. thunbergii Striking Gold;
• B. thunbergii UCONNBT039;
• B. thunbergii UCONNBT048;
• B. thunbergii UCONNBT113;
• B. thunbergii UCONNBTCP4N;
• B. thunbergii UCONNtrispecific;
• B. thunbergii x B. sieboldii H2010–
079–012;
• B. verruculosa x gagnepainii x
vulgaris Trispecific#2;
• B. xmedia x thunbergii
atropurpurea H2011–165–002;
• M. eurybracteata Soft Caress
(PPAF); and
• M. media Marvel (PPAF).
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 rustresistant. The test may be conducted on
12 individual plants, or it may be
performed multiple times on fewer
plants (e.g., 6 plants tested twice or 3
plants tested 4 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
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41826
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
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 rustresistant.
mstockstill on DSK30JT082PROD with RULES
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 November 6, 2017,
unless we receive written adverse
comments or written notice of intent to
submit adverse comments on or before
October 5, 2017.
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 Orders 12866 and 13771 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. Further, because this rule
is waived, it does not trigger the
requirements of Executive Order 13771.
This direct final rule will amend 7
CFR 301.38–2 by adding 15 varieties to
the list of rust resistant Berberis species
or cultivars, and 2 varieties to the list of
rust resistant Mahonia species or
cultivars. 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
cultivars that have been determined to
be rust-resistant.
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16:52 Sep 01, 2017
Jkt 241001
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 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 17
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.).
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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
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).
2. Section 301.38–2 is amended as
follows:
■ a. In paragraph (a)(1), by adding, in
alphabetical order, 15 rust-resistant
Berberis species; and
■ b. In paragraph (a)(2)(ii), by adding, in
alphabetical order, two rust resistant
Mahonia species.
The additions read as follows:
■
§ 301.38–2
Regulated articles.
(a) * * *
(1) * * *
B. thunbergii atropurpurea x B. x
media H2011–085–006
*
*
*
*
*
B. thunbergii ‘Diabolicum’
*
*
*
*
*
B. thunbergii ‘‘8–8–13’’
*
*
*
*
*
B. thunbergii H2007–001–031
*
*
*
*
*
B. thunbergii Orange Torch
*
*
*
*
*
B. thunbergii Red Torch
*
*
*
*
*
B. thunbergii Striking Gold
*
*
*
*
*
B. thunbergii UCONNBT039
B. thunbergii UCONNBT048
B. thunbergii UCONNBT113
B. thunbergii UCONNBTCP4N
B. thunbergii UCONNtrispecific
*
*
*
*
*
B. thunbergii x B. sieboldii H2010–
079–012
*
*
*
*
*
B. verruculosa x gagnepainii x
vulgaris Trispecific#2
*
*
*
*
*
B. x media x thunbergii atropurpurea
H2011–165–002
(2) * * *
(ii) * * *
M. eurybracteata Soft Caress (PPAF)
*
*
*
*
*
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05SER1
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
*
M. media Marvel (PPAF)
*
*
*
*
Done in Washington, DC, this 30th day of
August 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2017–18712 Filed 9–1–17; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Doc. No. AMS–SC–16–0104; SC16–930–4
FR]
Tart Cherries Grown in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington and
Wisconsin; Modification of Allocation
of Assessments
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule implements a
recommendation from the Tart Cherry
Industry Administrative Board (Board)
to increase the portion of assessments
allocated to research and promotion
activities from $0.005 to $0.0065 per
pound of tart cherries and decrease the
portion allocated to administrative
expenses from $0.0025 to $0.001 per
pound of tart cherries handled under
the marketing order (order). This rule
also corrects the allocation numbers
from $0.006 per pound for research and
promotion activities and $0.0015 per
pound for administrative expenses as
stated in the proposed rule based on a
comment received. The overall
assessment rate remains unchanged at
$0.0075 per pound of tart cherries. The
Board locally administers the order and
is comprised of producers and handlers
of tart cherries operating within the area
of production, and one public member.
Assessments upon tart cherry handlers
are used by the Board to fund
reasonable and necessary expenses of
the program. The fiscal period begins
October 1 and ends September 30. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective September 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Regional
Director, Southeast Marketing Field
Office, Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (863) 324–
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SUMMARY:
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
3375, Fax: (863) 291–8614, or Email:
Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
and Order No. 930, both as amended (7
CFR part 930), regulating the handling
of tart cherries produced in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington and
Wisconsin, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this final rule in
conformance with Executive Orders
13563 and 13175. This rule does not
meet the definition of a significant
regulatory action contained in section
3(f) of Executive Order 12866 and is not
subject to review by the Office of
Management and Budget (OMB).
Additionally, because this rule does not
meet the definition of a significant
regulatory action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled, ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, tart cherry handlers are subject
to assessments. Funds to administer the
order are derived from such
assessments. It is intended that the
assessment rate as issued herein will be
applicable to all assessable tart cherries
beginning on October 1, 2016, and
continue until amended, suspended, or
terminated.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
41827
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule increases the portion of the
assessment rate allocated to research
and promotion activities from $0.005 to
$0.0065 per pound of tart cherries
handled and decreases the portion
allocated to administrative expenses
from $0.0025 to $0.001 per pound of tart
cherries handled under the order. This
rule also corrects the allocation numbers
from $0.006 per pound for research and
promotion activities and $0.0015 per
pound for administrative expenses as
stated in the proposed rule based on a
comment received. The overall
assessment rate for the 2016–17 and
subsequent fiscal periods remains
unchanged at $0.0075 per pound of tart
cherries.
The tart cherry marketing order
provides authority for the Tart Cherry
Industry Administrative Board (Board),
with the approval of USDA, to formulate
an annual budget of expenses and
collect assessments from handlers to
administer the program. The members
of the Board are producers and handlers
of tart cherries, and one public member.
They are familiar with the Board’s needs
and with the costs of goods and services
in their local areas and are thus in a
position to formulate an appropriate
budget and assessment rate. The
assessment rate is formulated and
discussed in a public meeting. Thus, all
directly affected persons have an
opportunity to participate and provide
input.
For the 2010–11 and subsequent fiscal
periods, the Board recommended, and
USDA approved, an assessment rate of
$0.0075 per pound of tart cherries that
would continue in effect from fiscal
period to fiscal period unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Board or other
information available to USDA.
The Board met on September 8, 2016,
and unanimously recommended 2016–
17 expenditures of $2,523,550 and an
assessment rate of $0.0075 per pound of
tart cherries. In comparison, last year’s
budgeted expenditures were $1,725,000.
The total assessment rate remains
unchanged by this action. However, this
rule increases the portion of the
assessment rate allocated to research
and promotion activities from $0.005 to
E:\FR\FM\05SER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41825-41827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18712]
========================================================================
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.
========================================================================
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 /
Rules and Regulations
[[Page 41825]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2017-0049]
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 15 varieties to the list of rust-resistant Berberis species
and varieties and 2 varieties to the list of rust-resistant Mahonia
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 November 6, 2017, unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before October 5, 2017. 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 https://www.regulations.gov/#!docketDetail;D=APHIS-2017-0049.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2017-0049, 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 https://www.regulations.gov/#!docketDetail;D=APHIS-2017-
0049 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: 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:
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 varieties to the lists of
rust-resistant Berberis and Mahonia species in Sec. 301.38-2(a)(1) and
(a)(2):
B. thunbergii atropurpurea x B. xmedia H2011-085-006;
B. thunbergii `Diabolicum';
B. thunbergii ``8-8-13'';
B. thunbergii H2007-001-031;
B. thunbergii Orange Torch;
B. thunbergii Red Torch;
B. thunbergii Striking Gold;
B. thunbergii UCONNBT039;
B. thunbergii UCONNBT048;
B. thunbergii UCONNBT113;
B. thunbergii UCONNBTCP4N;
B. thunbergii UCONNtrispecific;
B. thunbergii x B. sieboldii H2010-079-012;
B. verruculosa x gagnepainii x vulgaris Trispecific#2;
B. xmedia x thunbergii atropurpurea H2011-165-002;
M. eurybracteata Soft Caress (PPAF); and
M. media Marvel (PPAF).
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 12 individual plants, or it may
be performed multiple times on fewer plants (e.g., 6 plants tested
twice or 3 plants tested 4 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
[[Page 41826]]
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
November 6, 2017, unless we receive written adverse comments or written
notice of intent to submit adverse comments on or before October 5,
2017.
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 Orders 12866 and 13771 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. Further, because this rule is waived, it does
not trigger the requirements of Executive Order 13771.
This direct final rule will amend 7 CFR 301.38-2 by adding 15
varieties to the list of rust resistant Berberis species or cultivars,
and 2 varieties to the list of rust resistant Mahonia species or
cultivars. 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 cultivars 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 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 17 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. Section 301.38-2 is amended as follows:
0
a. In paragraph (a)(1), by adding, in alphabetical order, 15 rust-
resistant Berberis species; and
0
b. In paragraph (a)(2)(ii), by adding, in alphabetical order, two rust
resistant Mahonia species.
The additions read as follows:
Sec. 301.38-2 Regulated articles.
(a) * * *
(1) * * *
B. thunbergii atropurpurea x B. x media H2011-085-006
* * * * *
B. thunbergii `Diabolicum'
* * * * *
B. thunbergii ``8-8-13''
* * * * *
B. thunbergii H2007-001-031
* * * * *
B. thunbergii Orange Torch
* * * * *
B. thunbergii Red Torch
* * * * *
B. thunbergii Striking Gold
* * * * *
B. thunbergii UCONNBT039
B. thunbergii UCONNBT048
B. thunbergii UCONNBT113
B. thunbergii UCONNBTCP4N
B. thunbergii UCONNtrispecific
* * * * *
B. thunbergii x B. sieboldii H2010-079-012
* * * * *
B. verruculosa x gagnepainii x vulgaris Trispecific#2
* * * * *
B. x media x thunbergii atropurpurea H2011-165-002
(2) * * *
(ii) * * *
M. eurybracteata Soft Caress (PPAF)
* * * * *
[[Page 41827]]
M. media Marvel (PPAF)
* * * * *
Done in Washington, DC, this 30th day of August 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-18712 Filed 9-1-17; 8:45 am]
BILLING CODE 3410-34-P
