27856 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

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 Order 12866 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. 

This analysis provides the basis, as 

required by the Regulatory Flexibility 

Act, for certification by the APHIS 

Administrator that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule will amend 7 

CFR 301.38–2 by adding two varieties to 

the list of rust-resistant Berberis species 

and varieties and by adding one variety 

to the list of rust-resistant Mahonia 

species and varieties. 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 varieties 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 included 52,845 farms in 

2007, and represented 3 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 93 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 three 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 7 CFR part 

3015, subpart V.) 

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 

■ 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, two rust-resistant 

Berberis species; and 

■ b. In paragraph (a)(2)(ii), by adding, in 

alphabetical order, one rust-resistant 

Mahonia species. 

The additions read as follows: 

§ 301–38–2 Regulated articles. 

(a) * * * 

(1) * * * 

* * * * * 

B. thunbergii ‘Della’ 

* * * * * 

B. thunbergii ‘O’Byrne’ 

* * * * * 

(2) * * * 

(ii) * * * 

* * * * * 

M. x media ‘Lionel Fortescue’ 

* * * * * 

Done in Washington, DC, May 8, 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–11318 Filed 5–10–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0079] 

Golden Nematode; Removal of 

Regulated Areas in Livingston and 

Steuben Counties, NY 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the golden nematode 

regulations by removing areas in 

Livingston and Steuben Counties in 

New York from the list of generally 

infested areas. Surveys have shown that 

certain areas in these two counties are 

free of golden nematode, and we 

determined that regulation of these 

areas was no longer necessary. As a 

result of that action, areas in Livingston 

and Steuben Counties in New York that 

had been listed as generally infested 

were removed from the list of areas 

regulated for golden nematode. 

DATES: Effective on May 13, 2013, we 

are adopting as a final rule, without 

change, the interim rule published at 78 

FR 1713–1715 on January 9, 2013, and 

corrected at 78 FR 3827–3828 on 

January 17, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan M. Jones, National Program 

Manager, Emergency and Domestic 

Programs, Plant Protection and 

Quarantine, APHIS, 4700 River Road, 

Unit 160, Riverdale, MD 20737; (301) 

851–2128. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 27857 

1To view the interim rule, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012-0079. 

Background 

In an interim rule 1 effective and 

published in the Federal Register on 

January 9, 2013 (78 FR 1713–1715, 

Docket No. APHIS–2012–0079) and 

corrected on January 17, 2013 (78 FR 

3827–3828), we amended the golden 

nematode regulations in 7 CFR part 301 

by removing areas in Livingston and 

Steuben Counties in New York from the 

list of generally infested areas. 

Comments on the interim rule were 

required to be received on or before 

March 11, 2013. We did not receive any 

comments. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule 

without change. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

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, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301, that 

was published at 78 FR 1713–1715 on 

January 9, 2013, and that was corrected 

at 78 FR 3827–3828 on January 17, 

2013. 

Done in Washington, DC, May 8, 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–11323 Filed 5–10–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Part 810 

RIN 0580–AB12 

United States Standards for Wheat 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Final rule. 

SUMMARY: The Grain Inspection, Packers 

and Stockyards Administration (GIPSA) 

is revising the United States Standards 

for Wheat under the United States Grain 

Standards Act (USGSA) to change the 

definition of Contrasting classes (CCL) 

in the class Hard White wheat. This 

change will help facilitate the marketing 

of wheat. 

DATES: Effective Date: May 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Patrick McCluskey at GIPSA, USDA, 

10383 N. Ambassador Drive, Kansas 

City, MO, 64153; Telephone (816) 659– 

8403; Fax Number (816) 872–1258; 

email Patrick.J.McCluskey@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The United States Grain Standards 

Act (USGSA) authorizes the Secretary of 

Agriculture to establish official 

standards of kind and class, quality and 

condition for wheat and other grains (7 

U.S.C. 76). The United States Standards 

for Grain serve as the starting point to 

define grain quality in the marketplace. 

The United States Standards for Wheat 

are in the regulations at 7 CFR 

810.2201–810.2205. 

On November 27, 2009, GIPSA 

published an Advance Notice of 

Proposed Rulemaking (ANPR) in the 

Federal Register (74 FR 62257) 

requesting public comment on what 

revisions, if any, are needed to the 

current wheat standards. GIPSA 

received 13 comments from wheat 

producers, breeders, market 

development groups, industry 

associations, and exporters. 

In the April 11, 2012, Federal 

Register (77 FR 21685–21690) GIPSA 

invited comments to our proposed rule 

identifying changes to the United States 

Standards for Wheat to: 

(1) Revise the United States Standards 

for Wheat under the United States Grain 

Standards Act (USGSA) to change the 

definition of Contrasting classes (CCL) 

in Hard White wheat, and 

(2) revise the grade limits for 

shrunken and broken kernels (SHBN) in 

U.S. No. 1 and U.S. No. 2 wheat. 

Proposed Rule Comment Review 

GIPSA received 12 comments from 

wheat producer organizations, grain 

processor organizations, grain handlers, 

market developers, and others during 

the 60-day comment period for the 

proposed rule. On the basis of 

comments and other available 

information, GIPSA is implementing 

one of two proposed changes to the 

wheat standards. Some commentors 

requested additional changes which 

GIPSA believes are beyond the scope of 

the regulations. GIPSA will consider 

these comments for future policy 

changes. The following paragraphs 

address comments received regarding 

the proposed changes. 

Contrasting Class Definition 

GIPSA proposed changing the 

definition of contrasting classes for Hard 

White wheat so that Hard Red Winter 

wheat and Hard Red Spring wheat are 

no longer contrasting classes, and are 

considered only as wheat of other 

classes. Four comments were received 

supporting the proposal and no 

comment was received opposing the 

proposal. Therefore as set forth in the 

proposal, GIPSA is amending the grain 

standards to change the definition of 

contrasting classes in Hard White wheat 

so that Hard Red Winter wheat and 

Hard Red Spring wheat are no longer 

contrasting classes. The grade limits 

will remain unchanged. 

Shrunken and Broken Kernel Grade 

Limits 

GIPSA proposed making grade limits 

for SHBN more restrictive for U.S. No. 

1 and U.S. No. 2, leaving the grade 

limits unchanged for U.S. No. 3, 4, and 

5. In the proposed rule, GIPSA cited 

data for over 100,000 official export and 

domestic inspection samples for all 

wheat classes in market years 2005 

through 2009. 

GIPSA received 10 comments 

opposing the proposal and one 

comment supporting the proposal. 

Opposing comments from wheat 

producers in Oklahoma stated that more 

restrictive standards would place 

Oklahoma wheat growers at a 

competitive disadvantage. Those 

stakeholders suggested that because 

GIPSA’s data was at the national level, 

it did not reflect the situation that 

Oklahoma wheat growers experience. 

Most other stakeholders who opposed 

the proposal, did so on similar grounds. 

North American Millers Association 

opposed the proposal stating GIPSA 

should consider a larger reduction in 

the grade limits. U.S. Wheat Associates 

supported the proposal stating their 

belief that the overall economic impact 

on wheat producers and the U.S. wheat 

industry would be positive. 

Because of concerns raised over the 

issue of whether the data supported the 

proposal, GIPSA will not revise the 

standards to reduce the grade limits on 

SHBN for grades U.S. No. 1 and U.S. No. 

2 wheat, but may propose these changes 

in a future rulemaking. 

Effective Date 

As specified in the USGSA (7 U.S.C. 

76(b)), amendments to the standards 


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