Notice of Request for Revision to and Extension of Approval of an Information Collection; Black Stem Rust; Identification Requirements for Addition of Rust-Resistant Varieties, 51007-51008 [2020-18136]

Download as PDF 51007 Notices Federal Register Vol. 85, No. 161 Wednesday, August 19, 2020 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2020–0076] Notice of Request for Revision to and Extension of Approval of an Information Collection; Black Stem Rust; Identification Requirements for Addition of Rust-Resistant Varieties Animal and Plant Health Inspection Service, USDA. ACTION: Revision to and extension of approval of an information collection; comment request. AGENCY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the black stem rust quarantine and regulations. DATES: We will consider all comments that we receive on or before October 19, 2020. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docket Detail;D=APHIS-2020-0076. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2020–0076, 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 http:// www.regulations.gov/#!docket Detail;D=APHIS-2020-0076 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:34 Aug 18, 2020 Jkt 250001 sure someone is there to help you, please call (202) 799–7039 before coming. For information on black stem rust quarantine and regulations, contact Mr. Allen Proxmire, National Policy Manager, PHP, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD 20737; (301) 851–2307. For more information on the information collection process, contact Mr. Joseph Moxey, APHIS’ Information Collection Coordinator; (301) 851–2483. SUPPLEMENTARY INFORMATION: Title: Black Stem Rust; Identification Requirements for Addition of RustResistant Varieties. OMB Control Number: 0579–0186. Type of Request: Revision to and extension of approval of an information collection. Abstract: Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Secretary of Agriculture is authorized to prohibit or restrict the importation, entry, or interstate movement of plants, plant products, and other articles to prevent the introduction of plant pests into the United States or their dissemination within the United States. 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 wind-borne spores. The black stem rust quarantine and regulations, contained in 7 CFR 301.38 through 301.38–8 (referred to below as the regulations), quarantine the conterminous 48 States and the District of Columbia and govern the interstate movement of certain plants of the genera Berberis, Mahoberberis, and Mahonia, known as barberry plants. The species of these plants are categorized as either rust-resistant or rust-susceptible. Rust-resistant plants do not pose a risk of spreading black stem rust or of contributing to the development of new races of rust; rust-susceptible plants do pose such risks. Paragraph (b) of § 301.38–2 provides the requirements for the submission of FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 a request to the Animal and Plant Health Inspection Service to add a variety to the list of rust-resistant barberry varieties in the regulations. A request must include a description of the variety, including a written description and color pictures that can be used by an inspector to clearly identify the variety and distinguish it from other varieties. This requirement helps to ensure that State plant inspectors can clearly determine whether plants moving into or through their States are rust-resistant varieties listed in § 301.38–2. We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities, as described, for an additional 3 years. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (2) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses. Estimate of burden: The public burden for this collection of information is estimated to average 1 hour per response. Respondents: Nurseries. Estimated annual number of respondents: 2. Estimated annual number of responses per respondent: 2. Estimated annual number of responses: 4. Estimated total annual burden on respondents: 4 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request E:\FR\FM\19AUN1.SGM 19AUN1 51008 Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Notices for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 13th day of August 2020. Mark Davidson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2020–18136 Filed 8–18–20; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2020–0030] State University of New York College of Environmental Science and Forestry; Petition for Determination of Nonregulated Status for BlightResistant Darling 58 American Chestnut Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from the State University of New York College of Environmental Science and Forestry (ESF) seeking a determination of nonregulated status for blight-resistant Darling 58 American chestnut (Castanea dentata). The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms. We are making available for public comment the ESF petition and requesting public input regarding potential issues and impacts that APHIS should be considering in our evaluation of the petition. DATES: We will consider all comments that we receive on or before October 19, 2020. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2020-0030. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2020–0030, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238. The petition and any comments we receive on this docket may be viewed at http://www.regulations.gov/ #!docketDetail;D=APHIS-2020-0030 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:34 Aug 18, 2020 Jkt 250001 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. The petition is also available on the APHIS website at: https:// www.aphis.usda.gov/aphis/ourfocus/ biotechnology/permits-notificationspetitions/petitions/petition-status under APHIS petition 19–309–01p. FOR FURTHER INFORMATION CONTACT: Ms. Cindy Eck, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737–1236; (301) 851–3892, email: cynthia.a.eck@ usda.gov. SUPPLEMENTARY INFORMATION: Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), the regulations in 7 CFR part 340, ‘‘Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,’’ regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such organisms and plants developed using genetic engineering are considered ‘‘regulated articles.’’ The regulations in § 340.6(a) provide that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition. APHIS has received a petition (APHIS Petition Number 19–309–01p) from the State University of New York College of Environmental Science and Forestry (ESF), seeking a determination of nonregulated status for Darling 58 American chestnut (Castanea dentata). The ESF petition states that Darling 58 American chestnut has been genetically engineered for fungal resistance to chestnut blight caused by Cryphonectria parasitica and is unlikely to pose a plant pest risk and, therefore, should not be a regulated article under APHIS’ regulations in 7 CFR part 340. As described in the petition, resistance to this exotic pathogen in Darling 58 American chestnuts was enhanced by adding a gene for an enzyme called oxalate oxidase (OxO). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 This enzyme has no direct fungicidal properties, but rather detoxifies oxalic acid (oxalate) produced by the fungus, preventing the acid from killing the chestnut’s tissues, which can lead to lethal cankers on the tree. In the presence of OxO, the damage caused by the oxalate is significantly restricted, resulting in superficial cankers. For this reason, the tree can coexist with the fungus in a manner similar to Asian chestnut species in the fungus’ natural range. Data were gathered on multiple parameters and used by the applicant to evaluate agronomic characteristics and product performance. These and other data are used by APHIS to determine if the new variety poses a plant pest risk. Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the Federal Register providing 60 days for public comment for petitions for a determination of nonregulated status. On March 6, 2012, we published in the Federal Register (77 FR 13258–13260, Docket No. APHIS–2011–0129) a notice 1 describing our process for soliciting public comment when considering petitions for determinations of nonregulated status for organisms developed using genetic engineering. In that notice, we indicated that APHIS would accept written comments regarding a petition once APHIS deemed it complete. In accordance with § 340.6(d) of the regulations and our process for soliciting public input when considering petitions for determinations of nonregulated status for organisms developed using genetic engineering, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. The petition is available for public review and comment, and copies are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. We are interested in receiving comments regarding potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. We are particularly interested in receiving comments regarding biological, cultural, or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments. 1 To view the notice, go to http:// www.regulations.gov/#!docketDetail;D=APHIS2011-0129. E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Notices]
[Pages 51007-51008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18136]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 85 , No. 161 / Wednesday, August 19, 2020 / 
Notices

[[Page 51007]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2020-0076]


Notice of Request for Revision to and Extension of Approval of an 
Information Collection; Black Stem Rust; Identification Requirements 
for Addition of Rust-Resistant Varieties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Revision to and extension of approval of an information 
collection; comment request.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Animal and Plant Health Inspection Service's 
intention to request a revision to and extension of approval of an 
information collection associated with the black stem rust quarantine 
and regulations.

DATES: We will consider all comments that we receive on or before 
October 19, 2020.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2020-0076.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2020-0076, 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 http://www.regulations.gov/#!docketDetail;D=APHIS-2020-
0076 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: For information on black stem rust 
quarantine and regulations, contact Mr. Allen Proxmire, National Policy 
Manager, PHP, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD 20737; 
(301) 851-2307. For more information on the information collection 
process, contact Mr. Joseph Moxey, APHIS' Information Collection 
Coordinator; (301) 851-2483.

SUPPLEMENTARY INFORMATION: Title: Black Stem Rust; Identification 
Requirements for Addition of Rust-Resistant Varieties.
    OMB Control Number: 0579-0186.
    Type of Request: Revision to and extension of approval of an 
information collection.
    Abstract: Under the Plant Protection Act (7 U.S.C. 7701 et seq.), 
the Secretary of Agriculture is authorized to prohibit or restrict the 
importation, entry, or interstate movement of plants, plant products, 
and other articles to prevent the introduction of plant pests into the 
United States or their dissemination within the United States.
    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 wind-borne spores.
    The black stem rust quarantine and regulations, contained in 7 CFR 
301.38 through 301.38-8 (referred to below as the regulations), 
quarantine the conterminous 48 States and the District of Columbia and 
govern the interstate movement of certain plants of the genera 
Berberis, Mahoberberis, and Mahonia, known as barberry plants. The 
species of these plants are categorized as either rust-resistant or 
rust-susceptible. Rust-resistant plants do not pose a risk of spreading 
black stem rust or of contributing to the development of new races of 
rust; rust-susceptible plants do pose such risks.
    Paragraph (b) of Sec.  301.38-2 provides the requirements for the 
submission of a request to the Animal and Plant Health Inspection 
Service to add a variety to the list of rust-resistant barberry 
varieties in the regulations. A request must include a description of 
the variety, including a written description and color pictures that 
can be used by an inspector to clearly identify the variety and 
distinguish it from other varieties. This requirement helps to ensure 
that State plant inspectors can clearly determine whether plants moving 
into or through their States are rust-resistant varieties listed in 
Sec.  301.38-2.
    We are asking the Office of Management and Budget (OMB) to approve 
our use of these information collection activities, as described, for 
an additional 3 years.
    The purpose of this notice is to solicit comments from the public 
(as well as affected agencies) concerning our information collection. 
These comments will help us:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, through use, as appropriate, of automated, 
electronic, mechanical, and other collection technologies; e.g., 
permitting electronic submission of responses.
    Estimate of burden: The public burden for this collection of 
information is estimated to average 1 hour per response.
    Respondents: Nurseries.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 2.
    Estimated annual number of responses: 4.
    Estimated total annual burden on respondents: 4 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    All responses to this notice will be summarized and included in the 
request

[[Page 51008]]

for OMB approval. All comments will also become a matter of public 
record.

    Done in Washington, DC, this 13th day of August 2020.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-18136 Filed 8-18-20; 8:45 am]
BILLING CODE 3410-34-P