[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4324]
Federal Register / Vol. 59, No. 38 / Friday, February 25, 1994 /
[[Page Unknown]]
[Federal Register: February 25, 1994]
VOL. 59, NO. 38
Friday, February 25, 1994
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 93-142-1]
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
to add six varieties to the list of rust-resistant Berberis species.
This change will allow for the interstate movement of these newly
developed varieties without unnecessary restrictions.
DATES: This rule will be effective on April 26, 1994, unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before March 25, 1994. If we receive written adverse
comments or written notice of intent to submit adverse comments, we
will publish a notice in the Federal Register withdrawing this rule
before the effective date.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Chief,
Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your submission refers to Docket No. 93-142-1. Submissions
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments and notices are encouraged to call ahead on (202) 690-
2817 to facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,
Domestic and Emergency Operations, Plant Protection and Quarantine,
APHIS, USDA, room 645, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-6365.
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 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 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, also 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; rust-susceptible plants do pose such a risk.
Section 301.38-2 of the regulations includes a listing of regulated
articles and indicates species of the genera Berberis, Mahoberberis,
and Mahonia 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 media `Red Jewel,' Berberis
thunbergii `Bailone,' Berberis thunbergii `Bailtwo,' Berberis
thunbergii `Cherry bomb,' Berberis thunbergii `Harlequin,' and Berberis
thunbergii `Pink Queen' to the list of rust-resistant Berberis species
in Sec. 301.38-2(b).
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 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 this procedure 12
times and being determined by USDA to be rust-resistant.
Effective Date
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, 60
days after the date of publication in the Federal Register unless we
receive written adverse comments or written notice of intent to submit
adverse comments within 30 days of the date of publication of this rule
in the Federal Register.
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 notice in the Federal
Register withdrawing this rule before the effective date. We will then
publish a proposed rule for public comment. Following the close of that
comment period, the comments will be considered, and a final rule
addressing the comments will be published.
As discussed above, if we receive no written adverse comments nor
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
notice to this effect 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.
This rule will allow the interstate movement of Berberis media `Red
Jewel,' Berberis thunbergii `Bailone,' Berberis thunbergii `Bailtwo,'
Berberis thunbergii `Cherry bomb,' Berberis thunbergii `Harlequin,' and
Berberis thunbergii `Pink Queen' into and through States or parts of
States designated as protected areas. Based on the information provided
to us, we have determined that this rule will affect three commercial
nurseries that might propagate the new species and numerous retail
sales nurseries that might purchase or resell the varieties. This rule
will enable those nurseries to move the species into and through
protected areas and to propagate and sell the species in States or
parts of States designated as protected areas. It is unlikely that the
addition of these varieties to the list of rust-resistant Berberis
species will have any effect on prices, investment, productivity, or
our international competitive position. It is possible that this rule
will positively affect innovation by allowing nurseries that develop
new rust-resistant Berberis varieties the opportunity to market those
varieties in protected areas. It is also possible that this rule will
have some positive effect on nurseries that are small businesses by
providing an opportunity for increased sales of rust-resistant Berberis
species in protected areas. We cannot predict the exact number of
nurseries that might be affected by this rule change, nor can we
predict the level of demand for these new species or the impact on
nurseries producing or selling them. It is likely, however, that any
economic effects will not be significant as a result of additional
plant sales.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this rule 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 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, 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 final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(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.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, 7 CFR part 301 is amended as follows:
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.17, 2.51, and 371.2(c).
2. In Sec. 301.38-2, paragraph (b) is amended by adding, in
alphabetical order, the following rust-resistant Berberis species:
Sec. 301.38-2 Regulated articles.
* * * * *
(b) * * *
B. media `Red Jewel'
* * * * *
B. thunbergii `Bailone'
B. thunbergii `Bailtwo'
* * * * *
B. thunbergii `Cherry Bomb'
* * * * *
B. thunbergii `Harlequin'
* * * * *
B. thunbergii `Pink Queen'
* * * * *
Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4324 Filed 2-24-94; 8:45 am]
BILLING CODE 3410-34-P
