[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Rules and Regulations]
[Pages 50801-50802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23897]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2017-0049]


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 September 5, 2017, 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 15 varieties to the list of rust-resistant 
Berberis species and varieties and 2 varieties to the list of rust-
resistant Mahonia species and varieties. We received two comments, 
which are addressed in this document.

DATES: The effective date of the direct final rule published September 
5, 2017, at 82 FR 41825-41827, is confirmed as November 6, 2017.

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 September 5, 2017, the Animal and Plant Health Inspection 
Service (APHIS) published in the Federal Register (82 FR 41825-41827, 
Docket No. APHIS-2017-0049) a direct final rule \1\ to amend the black 
stem rust quarantine and regulations by adding 15 varieties to the list 
of rust-resistant Berberis species and varieties and 2 varieties to the 
list of rust-resistant Mahonia species and varieties.
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    \1\ To view the direct final rule and the comments received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0049.
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    We solicited comments on the rule for 30 days ending October 5, 
2017, 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, neither of which we consider 
to be adverse. One commenter questioned why rust-resistant plants must 
be regulated--including being added to the black stem rust quarantine 
and regulations list, as well as being accompanied by a certificate if 
moved interstate--if they do not pose a risk of spreading black stem 
rust.
    APHIS' quarantine of the 48 conterminous States and the District of 
Columbia and restrictions on the interstate movement of Berberis, 
Mahoberberis, and Mahonia 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. All plants of the genera 
Berberis, Mahoberberis, and Mahonia are considered regulated articles, 
though aspects of their regulation may vary depending on their 
designation as either rust-resistant or rust-susceptible. Certificates 
that accompany rust-resistant species of barberry plants serve as a 
means to identify them and allow for their interstate movement into or 
through designated protected areas as defined in the regulations; rust-
susceptible species of barberry plants are prohibited from such 
movement interstate.
    The other commenter questioned the reliability of testing protocols 
to determine a plant's rust resistance, and requested assurance based 
on evidence that the sample size used to determine rust resistance is 
adequate to determine an overall species' resistance.
    Testing performed by the Agricultural Research Service of the 
United States Department of Agriculture (USDA) at its Cereal Disease 
Laboratory in St. Paul, MN has been used to effectively determine rust 
resistance for more than 50 years. Based on our extensive experience 
with this test, we believe that 12--in any of the combinations 
described in the direct final rule--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 the 
test procedure 12 times and being determined by USDA to be rust-
resistant.
    Therefore, for the reasons given in the direct final rule and in 
this document, we are confirming the effective date as November 6, 
2017.

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.


[[Page 50802]]


    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).

    Done in Washington, DC, this 30th day of October 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-23897 Filed 11-1-17; 8:45 am]
 BILLING CODE 3410-34-P