[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]



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 Rules and Regulations
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  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.

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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):
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    \1\ To view the direct final rule and the comments received, go 
to http://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]
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