[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Proposed Rules]
[Pages 32268-32272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14943]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / 
Proposed Rules

[[Page 32268]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-053-2]


Black Stem Rust; Addition of Rust-Resistant Varieties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal and reproposal.

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

SUMMARY: We are proposing to amend the black stem rust quarantine and 
regulations by requiring that persons who request the addition of 
Berberis, Mahoberberis, or Mahonia spp. plants to the list of rust-
resistant varieties in the regulations must provide the Agency with a 
description of the variety that can be used by State nursery inspectors 
to clearly identify the variety and distinguish it from others. We are 
proposing to require that inspectors verify, prior to interstate 
movement, that varieties match their description. In addition, we are 
also proposing to add 32 new varieties to the list of rust-resistant 
Berberis, Mahoberberis, and Mahonia species. These proposed changes 
replace a previously published proposed rule, which we are withdrawing 
as part of this document, that would have added 15 new varieties to the 
list of rust-resistant Berberis, Mahoberberis, and Mahonia species 
without requiring the submission of descriptions of those varieties to 
the Agency. This proposed rule would help prevent the spread of black 
stem rust by providing for and requiring the accurate identification of 
rust-resistant varieties by inspectors and would provide for the 
interstate movement of newly developed varieties without unnecessary 
restrictions.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by August 13, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 97-053-2, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 97-053-2.
    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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Vedpal S. Malik, Agriculturist, 
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale, MD 20737-1231; (301) 734-6774.

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 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 
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.
    On April 7, 1998, we published in the Federal Register (63 FR 
16908-16909, Docket No. 97-053-1) a proposed rule to amend the 
regulations by adding 15 varieties to the list of rust-resistant 
Berberis, Mahoberberis, and Mahonia species.
    We solicited comments concerning our proposal for 45 days ending on 
May 22, 1998. We received a total of two comments by that date. They 
were from a representative of the nursery industry and a State 
government official.
    One commenter supported the proposed rule, but asked that we 
correct the nomenclature of one proposed rust-resistant barberry 
variety. The commenter also requested that we consider other changes to 
the black stem rust quarantine that were outside the scope of the 
proposed rulemaking.
    The other commenter opposed the addition of more rust-resistant 
barberry varieties to the list in Sec. 301.38-2 without the 
distribution of proper field identification aids to State inspectors. 
The commenter recommended that before additional plants are added to 
the list of rust-resistant barberry varieties in the regulations, the 
Animal and Plant Health Inspection Service (APHIS) should require 
persons who develop new varieties to provide APHIS with written 
descriptions and color photographs of the plants that can be used by 
inspectors to properly identify and distinguish between barberry 
varieties. The commenter stated that such a requirement would help to 
ensure that State inspectors can verify that plants moving into their 
States are indeed APHIS-approved rust-resistant barberry varieties.
    Since this comment raises a new issue, we are reproposing the April 
7, 1998, proposed rule and including regulatory text to address this 
comment. Also, several additional varieties of rust-resistant varieties 
have been submitted to APHIS for inclusion in the

[[Page 32269]]

regulations since the publication of the proposed rule. Therefore, we 
are proposing to amend the regulations to include these recently 
developed varieties.
    In this document, we are proposing to require that persons who 
request APHIS to add a variety to the list of rust-resistant barberry 
varieties in the regulations must provide APHIS with a description of 
the variety, including a written description and color pictures that 
can be used by State nursery inspectors to clearly identify the variety 
and distinguish it from other varieties. This requirement would be 
contained in Sec. 301.38-2(b) of the regulations. We are proposing this 
requirement in order 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 of the regulations.
    In conjunction with this requirement, we are also proposing to 
require that inspectors who issue certificates for the movement of 
rust-resistant barberry varieties under the regulations in Sec. 301.38-
4(b)(2) must, prior to issuing certificates, verify that the barberry 
varieties to be shipped match the description of the varieties that 
were provided to APHIS in accordance with the proposed regulations in 
Sec. 301.38-2(b).
    We are also proposing to add the following varieties to the lists 
of rust-resistant Berberis, Mahoberberis, and Mahonia species:

Berberis

B. aggregata x B. wilsoniae `Pirate King'
B. x carminea `Pirate King'
B. `Amstelveen'
B. candidula x B. verruculosa `Amstelveen'
B. x frikartii `Amstelveen'
B. gagnepainii `Chenault'
B. integerrima `Wallichs Purple'
B. lologensis `Mystery Fire'
B. poirettii `BJG 073', `MTA'
B. soulieana `Claret Cascade'
B. thunbergii `Antares'
B. thunbergii `Aurea Nana'
B. thunbergii `Bailone' (Ruby Carousel<Register>)
B. thunbergii `Bailtwo' (Burgundy Carousel<Register>)
B. thunbergii `Bailgreen' (Jade Carousel<SUP>TM</SUP>)
B. thunbergii `Concorde'
B. thunbergii `Criruzam' Crimson Ruby<SUP>TM</SUP>
B. thunbergii `Golden Pygmy'
B. thunbergii `Green Carpet'
B. thunbergii `Lime Glow'
B. thunbergii `Midruzam' Midnight Ruby<SUP>TM</SUP>
B. thunbergii `Painter's Palette'
B. thunbergii `Royal Burgundy'
B. thunbergii `Royal Cloak'
B. thunbergii x `Bailsel' (Golden Carousel<Register>)
B. thunbergii x `Tara' (Emerald Carousel<Register>)

Mahoberberis

M. aquifolium `Smaragd'
M. x `Magic'

Mahonia

M. aquifolium `Undulata'
M. japonica x M. lomariifolia `Charity'
M. x media `Charity'
M. x media `Winter Sun'

    The nurseries that developed these rust-resistant species of 
Berberis, Mahoberberis, and Mahonia have provided identification guides 
to APHIS and to the receiving States. The proposed addition of these 
species to the list of rust-resistant 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 to 80 
percent relative humidity. If the rust-susceptible plant shows signs of 
infection after 7 days and the test plant does not, the test results 
indicate that the test plant is 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., 6 plants tested 
twice or 3 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.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would allow the interstate movement of 32 new 
varieties of Berberis, Mahoberberis, and Mahonia that have been 
determined to be resistant to black stem rust into and through States 
or parts of States designated as protected areas in accordance with the 
requirements in the regulations. Based on the information provided to 
us, we have determined that this proposed rule, if adopted, would 
affect three or four nurseries that might propagate the new species and 
numerous retail sales nurseries that might purchase and resell the 
varieties. This proposed rule would 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.
    Currently, 123 varieties of barberry plants are listed as rust-
resistant. Of those 123 varieties, many are no longer propagated for 
commercial sale. Many consumers are choosing newer varieties that are 
horticulturally more attractive. This rule would add 32 new varieties 
to the current list of 123 varieties. The addition of these 32 new 
varieties would simply create a greater selection of barberry plant 
varieties from which consumers can choose. This proposed rule could 
encourage innovation by allowing nurseries that develop new rust-
resistant Berberis, Mahoberberis, and Mahonia varieties the opportunity 
to market those varieties in protected areas; however, there is no 
indication that the periodic introduction of new varieties to the 
market has any effect on overall sales volumes. Therefore, we do not 
anticipate that there will be any significant economic impact on those 
nurseries that might handle the new varieties.
    This proposed rule would require that persons requesting the 
addition of a barberry variety to the list of rust-resistant varieties 
in the regulations must first provide APHIS with a description of the 
variety, including a written description and color pictures that can be 
used by State nursery inspectors to clearly identify the variety and 
distinguish it from other varieties. This rule would also require that, 
prior

[[Page 32270]]

to interstate movement, an inspector must verify that a rust-resistant 
variety matches the description of the variety provided to APHIS. 
However, these proposed requirements are not expected to result in any 
measurable cost to persons involved in the production or movement of 
the plants.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 97-053-2. 
Please send a copy of your comments to: (1) Docket No. 97-053-2, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    In this document, we are proposing to require that persons who 
request APHIS to add a variety to the list of rust-resistant barberry 
varieties in the regulations must provide APHIS with a description of 
the variety, including a written description and color pictures that 
can be used by State nursery inspectors to clearly identify the variety 
and distinguish it from other varieties. This requirement would be 
contained in Sec. 301.38-2(b) of the regulations. We are proposing this 
requirement in order 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 of the regulations. We are 
asking OMB to approve the collection of this information for 3 years.
    In conjunction with this requirement, we are also proposing to 
require that inspectors who issue certificates for the movement of 
rust-resistant barberry varieties under the regulations in Sec. 301.38-
4(b)(2) must, prior to issuing certificates, verify that the barberry 
varieties shipped match the description of the varieties that were 
provided to APHIS in accordance with the proposed regulations in 
Sec. 301.38-2(b).
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, 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 information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 4 hours per response.
    Respondents: Nurseries that propagate new rust-resistant species 
and varieties of Berberis spp., Mahoberberis spp., and Mahonia spp.
    Estimated annual number of respondents: 4.
    Estimated annual number of responses per respondent: 2.
    Estimated annual number of responses: 8.
    Estimated total annual burden on respondents: 32 hours.
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

    Accordingly, we propose to amend 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 would continue to read as 
follows:

    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.

    Section 301.75-15 also issued under sec. 204, Title II, Pub. L.106-
113, 113 Stat. 1501A-293 and Sec. 203, Title II, Pub. L. 106-224, 114 
Stat. 400.


Sec. 301.38-1  [Amended]

    2. Section 301.38-1 would be amended as follows:
    a. In the definition for Rust-resistant plants, by removing the 
words ``Sec. 301.38-2 (b) and (c)'' and adding the words ``Sec. 301.38-
2 (a)(2) and (a)(3)'' in their place.
    b. In the definition for Rust-susceptible plants, by removing the 
words ``Sec. 301.38-2 (b) and (c)'' and adding the words ``Sec. 301.38-
2(a)(2) and (a)(3)'' in their place.
    c. In the definition for Regulated article, by removing the words 
``Sec. 301.38-2 (a) through (d)'' and adding the words ``Sec. 301.38-
2(a)(1) through (a)(4)'' in their place, and by removing the words 
``Sec. 301.38-2(e)'' and adding the words ``Sec. 301.38-2(a)(5)'' in 
their place.
    3. Section 301.38-2 would be revised to read as follows:


Sec. 301.38-2  Regulated articles.

    (a) The following are regulated articles: \3\
---------------------------------------------------------------------------

    \3\ Permit and other requirements for the interstate movement of 
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (1) All seedlings and plants of less than 2 years' growth of the 
genus Berberis.
    (2) All plants, seeds, fruits, and other plant parts capable of 
propagation from the following rust-resistant Berberis species.
B. aggregata x B. wilsoniae `Pirate King'
B. `Amstelveen'
B. aridocalida
B. beaniana
B. buxifolia
B. buxifolia nana
B. calliantha
B. candidula

[[Page 32271]]

B. candidula Amstelveen'
B. candidula x B. verruculosa `Amstelveen'
B. cavallieri
B. chenaulti
B. chanaulti `Apricot Queen'
B. circumserrata
B. concinna
B. coxii
B. darwini
B. dasystachya
B. dubia
B. feddeana
B. formosana
B. franchetiana
B. gagnepainii
B. gagnepaini `Chenault'
B. gilgiana
B. gladwynensis
B. gladwynensis `William Penn'
B. gyalaica
B. heterophylla
B. horvathi
B. hybrido-gagnepaini
B. insignis
B. integerrima `Wallichs Purple'
B. julianae
B. julianae `Nana'
B. julianae `Spring Glory'
B. koreana
B. koreana x B. thunbergii hybrid Bailsel
B. koreana x B. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. `Orange King'
B. lologensis
B. lologensis `Mystery Fire'
B. manipurana
B. media `Park Jewel'
B. media `Red Jewel'
B. mentorensis
B. pallens
B. poirettii `BJG 073', `MTA'
B. potanini
B. Renton
B. replicata
B. sanguinea
B. sargentiana
B. sikkimensis
B. soulieana `Claret Cascade'
B. stenophylla
B. stenophylla diversifolia
B. stenophylla irwini
B. stenophylla gracilis
B. stenophylla nana compacta
B. taliensis
B. telomaica artisepala
B. thunbergii
B. thunbergii `Antares'
B. thunbergii aurea
B. thunbergii `Aurea Nana'
B. thunbergii argenteo marginata
B. thunbergii atropurpurea
B. thunbergii atropurpurea erecta
B. thunbergii atropurpurea erecta Marshalli
B. thunbergii atropurpurea `Golden Ring'
B. thunbergii atropurpurea `Intermedia'
B. thunbergii atropurpurea `Knight Burgundy'
B. thunbergii atropurpurea nana
B. thunbergii atropurpurea `Redbird'
B. thunbergii atropurpurea `Rose Glow'
B. thunbergii `Bagatelle'
B. thunbergii `Bailone'
B. thunbergii `Bailtwo'
B. thunbergii `Bailone' (Ruby Carousel<Register>)
B. thunbergii `Bailtwo' (Burgundy Carousel<Register>)
B. thunbergii `Bailgreen' (Jade Carousel<SUP>TM</SUP>)
B. thunbergii `Bonanza Gold'
B. thunbergii `Concorde'
B. thunbergii `Crimson Pygmy'
B. thunbergii `Criruzam' Crimson Ruby
B. thunbergii `Dwarf Jewell'
B. thunbergii erecta
B. thunbergii `globe'
B. thunbergii `golden'
B. thunbergii `Golden Pygmy'
B. thunbergii `Green Carpet'
B. thunbergii `Harlequin'
B. thunbergii `Helmond Pillar'
B. thunbergii `Kobold'
B. thunbergii `Lime Glow'
B. thunbergii `Lustre Green'
B. thunbergii maximowiczi
B. thunbergii `Midruzam' Midnight Ruby
B. thunbergii minor
B. thunbergii `Monry'
B. thunbergii `Monlers'
B. thunbergii `Monomb'
B. thunbergii `Painter's Palette'
B. thunbergii `Pink Queen'
B. thunbergii pluriflora
B. thunbergii `Royal Burgundy'
B. thunbergii `Royal Cloak'
B. thunbergii `Sparkle'
B. thunbergii `Thornless'
B. thunbergii `Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. thunbergii x `Bailsel' (Golden Carousel<Register>)
B. thunbergii x `Tara' (Emerald Carousel<Register>)
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
B. x carminea `Pirate King'
B. x frikartii `Amstelveen'

    (3) All plants, seedlings, seeds, fruits, and other plant parts 
capable of propagation from the following rust-resistant Mahoberberis 
and Mahonia species, except Mahonia cuttings for decorative purposes:
    (i) Genus Mahoberberis:

M. aqui-candidula
M. aquifolium `Smaragd'
M. aqui-sargentiae
M. miethkeana
M. x `Magic'
    (ii) Genus Mahonia:
M. amplectens
M. aquifolium
M. aquifolium atropurpurea
M. aquifolium compacta
M. aquifolium compacta `John Muir'
M. aquifolium `Donewell'
M. aquifolium `Kings Ransom'
M. aquifolium `Orangee Flame'
M. aquifolium `Undulata'
M. aquifolium `Winter Sun'
M. `Arthur Menzies'
M. bealei
M. dictyota
M. fortunei
M. `Golden Abundance'
M. japonica
M. japonica x M. lomariifolia `Charity'
M. lomarifolia
M. nervosa
M. pinnata
M. pinnata `Ken Hartman'
M. piperiana
M. pumila
M. repens
M. x media `Charity'
M. x media `Winter Sun'

    (4) All plants, seeds, fruits, and other plant parts capable of 
propagation from rust-susceptible species and varieties of the genera 
Berberis, Mahoberberis, and Mahonia, and seedlings from rust-
susceptible species and varieties of the genera Mahoberberis and 
Mahonia, except Mahonia cuttings for decorative purposes.
    (5) Any other product or article not listed in paragraphs (a)(i) 
through (a)(4) of this section that an inspector determines presents a 
risk of spread of black stem rust. The inspector must notify the person 
in possession of the product or article that it is subject to the 
provisions of this subpart.
    (b) The person requesting that a rust-resistant variety be added to 
paragraphs (a)(2) and (a)(3) of this section must provide APHIS with a 
description of the variety, including a written description and color 
pictures that can be used by State nursery inspectors to clearly 
identify the variety and distinguish it from other varieties.


Sec. 301.38-4  [Amended]

    4. Section 301.38-4 would be amended as follows:
    a. In paragraph (b)(2)(i), by removing the words ``Sec. 301.38-2 
(b)'' and adding the words ``Sec. 301.38-2 (a)(2)'' in their place.
    b. In paragraph (b)(2)(ii), by removing the words ``Sec. 301.38-2 
(c)'' and adding the words ``Sec. 301.38-2 (a)(3)'' in their place.
    5. Section 301.38-5(b) would be revised to read as follows:

[[Page 32272]]

Sec. 301.38-5  Assembly and inspection of regulated articles: issuance 
and cancellation of certificates.

* * * * *
    (b) An inspector may issue a certificate for the interstate 
movement of a regulated article if he or she:
    (1) Determines, upon examination, that the regulated article may be 
moved interstate in accordance with Sec. 301.38-4;
    (2) Determines that the regulated article may be moved interstate 
in accordance with all other Federal domestic plant quarantines and 
regulations applicable to the regulated article; and
    (3) Verifies that the regulated article, if being moved interstate 
in accordance with Sec. 301.38-4(b)(2), matches the description 
provided to APHIS in accordance with Sec. 301.38-2(b).
* * * * *

    Done in Washington, DC, this 8th day of June 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-14943 Filed 6-13-01; 8:45 am]
BILLING CODE 3410-34-P