Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29191 

for Chippewa County and by adding, in 

alphabetical order, entries for Alger 

County and Luce County to read as set 

forth below. 

■ b. Under the heading Minnesota, by 

adding, in alphabetical order, entries for 

Hennepin County and Ramsey County 

to read as set forth below. 

■ c. Under the heading Pennsylvania, by 

adding, in alphabetical order, entries for 

Armstrong County, Indiana County, 

Juniata County, Washington County, 

and Westmoreland County to read as set 

forth below. 

■ d. Under the heading West Virginia, 

by removing the entry for Fayette 

County and adding the words ‘‘The 

entire State.’’ in its place. 

■ e. Under the heading Wisconsin, by 

adding, in alphabetical order, entries for 

Brown County, Kenosha County, 

Milwaukee County, Racine County, and 

Waukesha County to read as set forth 

below. 

■ f. By adding, in alphabetical order, 

new entries for Kentucky and New York 

to read as set forth below. 

§ 301.53-3 Quarantined areas. 

* * * * * 

(c) * * * 

Kentucky 

Boone County. The entire county. 

Bourbon County. The entire county. 

Campbell County. The entire county. 

Carroll County. The entire county. 

Fayette County. The entire county. 

Franklin County. The entire county. 

Gallatin County. The entire county. 

Grant County. The entire county. 

Greenup County. The entire county. 

Harrison County. The entire county. 

Henry County. The entire county. 

Jefferson County. The entire county. 

Jessamine County. The entire county. 

Kenton County. The entire county. 

Oldham County. The entire county. 

Owen County. The entire county. 

Pendleton County. The entire county. 

Scott County. The entire county. 

Shelby County. The entire county. 

Trimble County. The entire county. 

Woodford County. The entire county. 

* * * * * 

Michigan 

Upper Peninsula: 

Alger County. The entire county. 

Chippewa County. The entire county. 

[Note: This quarantined area includes 

tribal land of the Bay Mills Indian 

Community. Movement of regulated 

articles on those lands is subject to 

tribal jurisdiction.] 

* * * * * 

Luce County. The entire county. 

* * * * * 

Minnesota 

Hennepin County. The entire county. 

* * * * * 

Ramsey County. The entire county. 

* * * * * 

New York 

Cattaraugus County. The entire 

county. 

Chautauqua County. The entire 

county. 

* * * * * 

Pennsylvania 

* * * * * 

Armstrong County. The entire county. 

* * * * * 

Indiana County. The entire county. 

Juniata County. The entire county. 

* * * * * 

Washington County. The entire 

county. 

Westmoreland County. The entire 

county. 

* * * * * 

Wisconsin 

Brown County. The entire county. 

* * * * * 

Kenosha County. The entire county. 

Milwaukee County. The entire county. 

* * * * * 

Racine County. The entire county. 

* * * * * 

Waukesha County. The entire county. 

Done in Washington, DC, this 19th day 

of May 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–12533 Filed 5–24–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS-2010-0035] 

Black Stem Rust; Additions of RustResistant 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 21 varieties to the list of rustresistant Berberis species or cultivars 

and 2 varieties to the list of rustresistant Mahonia species or cultivars in 

the regulations. This action will allow 

for the interstate movement of these 

newly developed varieties without 

unnecessary restrictions. 

DATES: This rule will be effective on July 

26, 2010, unless we receive written 

adverse comments or written notice of 

intent to submit adverse comments on 

or before June 24, 2010. 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 

(http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS2010-0035) to submit or view comments 

and to view supporting and related 

materials available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS-2010-0035, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2010-0035. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Prakash K. Hebbar, National Program 

Manager, Black Stem/Barberry Rust 

Program, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737-1231; 

(301) 734-5717. 

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 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 


cprice-sewell on DSK8KYBLC1PROD with RULES
29192 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 

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 B. media ‘Dual 

Jewel’ and the B. thunbergii cultivars 

‘Ada’, ‘Amera’, ‘Arlene’, ‘Benita’, ‘Breval 

8’, ‘Celeste’, ‘Chloe’, ‘Edda’, ‘Fay’, ‘Gail’, 

‘Golden Torch’, ‘Helen’, ‘Joyce’, ‘Kasia’, 

‘Koren’, ‘Lotty’, ‘Martha’, ‘Mimi’, 

‘Phoebe’, and ‘Ruth’ to the list of rustresistant Berberis species in § 301.38- 

2(a)(1). Similarly, this rule will add the 

Mahonia cultivars ‘Bokasio’ Sioux and 

‘Bokrafoot’ Blackfoot to the list of rustresistant Mahonia species in § 301.38- 

2(a)(2)(ii). 

The addition of those 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 rustresistant. 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 rustsusceptible after undergoing the test 

procedure 12 times and being 

determined by USDA to be rustresistant. 

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 July 26, 2010, 

unless we receive written adverse 

comments or written notice of intent to 

submit adverse comments on or before 

June 24, 2010. 

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 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 21 varieties to 

the list of rust-resistant Berberis species 

or cultivars and by adding 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 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 cultivars will 

not be negatively affected. In fact, they 

will benefit from being able to market 

the 23 varieties interstate. In addition, 

the rule does not require any additional 

reporting, recordingkeeping, 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 


cprice-sewell on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29193 

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. 1501A293; 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, 21 rust-resistant 

Berberis species to read as set forth 

below. 

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

alphabetical order, 2 rust-resistant 

Mahonia species to read as set forth 

below. 

§ 301-38-2 Regulated articles. 

(a) * * * 

(1) * * * 

* * * * * 

B. media ‘Dual Jewel’ 

* * * * * 

B. thunbergii ‘Ada’ 

* * * * * 

B. thunbergii ‘Amera’ 

* * * * * 

B. thunbergii ‘Arlene’ 

* * * * * 

B. thunbergii ‘Benita’ 

* * * * * 

B. thunbergii ‘Breval 8’ 

B. thunbergii ‘Celeste’ 

B. thunbergii ‘Chloe’ 

* * * * * 

B. thunbergii ‘Edda’ 

* * * * * 

B. thunbergii ‘Fay’ 

* * * * * 

B. thunbergii ‘Gail’ 

* * * * * 

B. thunbergii ‘Golden Torch’ 

* * * * * 

B. thunbergii ‘Helen’ 

* * * * * 

B. thunbergii ‘Joyce’ 

B. thunbergii ‘Kasia’ 

* * * * * 

B. thunbergii ‘Koren’ 

* * * * * 

B. thunbergii ‘Lotty’ 

* * * * * 

B. thunbergii ‘Martha’ 

* * * * * 

B. thunbergii ‘Mimi’ 

* * * * * 

B. thunbergii ‘Phoebe’ 

* * * * * 

B. thunbergii ‘Ruth’ 

* * * * * 

(2) * * * 

(ii) * * * 

* * * * * 

M. ‘Bokasio’ Sioux 

M. ‘Bokrafoot’ Blackfoot 

* * * * * 

Done in Washington, DC, this 19th day 

of May 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–12529 Filed 5–24–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS GRAVELY 

(DDG 107) is a vessel of the Navy which, 

due to its special construction and 

purpose, cannot fully comply with 

certain provisions of the 72 COLREGS 

without interfering with its special 

function as a naval ship. The intended 

effect of this rule is to warn mariners in 

waters where 72 COLREGS apply. 

DATES: This rule is effective May 25, 

2010 and is applicable beginning May 

17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

JAGC, U.S. Navy, Admiralty Attorney 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave., SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR part 706. 

This amendment provides notice that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS GRAVELY (DDG 107) is a vessel of 

the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I, paragraph 2(f)(i), 

pertaining to the placement of the 

masthead light or lights above and clear 

of all other lights and obstructions; 

Annex I, paragraph 2(f)(ii), pertaining to 

the vertical placement of task lights; 

Annex I, paragraph 3(a), pertaining to 

the location of the forward masthead 

light in the forward quarter of the ship, 

and the horizontal distance between the 

forward and after masthead lights; and 

Annex I, paragraph 3(c), pertaining to 

placement of task lights not less than 

two meters from the fore and aft 

centerline of the ship in the athwartship 

direction. The Deputy Assistant Judge 

Advocate General (Admiralty and 

Maritime Law) has also certified that the 

lights involved are located in closest 

possible compliance with the applicable 

72 COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the Code of Federal Regulations as 

follows: 


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