This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

50801 

Vol. 82, No. 211 

Thursday, November 2, 2017 

1To view the direct final rule and the comments 

received, go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2017-0049. 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

Prevailing Rate Systems 

CFR Correction 

In Title 5 of the Code of Federal 

Regulations, Parts 1 to 699, revised as of 

January 1, 2017, in Appendix C to 

Subpart B of part 532: On page 469, 

under NEW YORK, the wage area listing 

for Newburgh is removed; and on page 

482, under WASHINGTON, in the 

Southeastern Washington-Eastern 

Oregon wage area listing, Area of 

application. Survey area plus:, under 

Washington, Columbia is added. 

[FR Doc. 2017–23913 Filed 11–1–17; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2017–0049] 

Black Stem Rust; Additions of RustResistant Species and Varieties 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Direct final rule; confirmation of 

effective date. 

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 rustresistant Berberis species and varieties 

and 2 varieties to the list of rustresistant 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. 

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 rustresistant 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; rustsusceptible 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 rustsusceptible after undergoing the test 

procedure 12 times and being 

determined by USDA to be rustresistant. 

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. 


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50802 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 

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 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Rural Utilities Service 

7 CFR Part 4279 

Guaranteed Loanmaking 

CFR Correction 

In Title 7 of the Code of Federal 

Regulations, Part 2000 to End, revised as 

of January 1, 2017, on page 749, 

§ 4279.162 is added to read as follows: 

§ 4279.162 Strategic economic and 

community development. 

Applicants with projects that support 

the implementation of strategic 

economic development and community 

development plans are encouraged to 

review and consider 7 CFR part 1980, 

subpart K, which contains provisions 

for providing priority to projects that 

support the implementation of strategic 

economic development and community 

development plans on a Multijurisdictional basis. 

[81 FR 10457, Mar. 1, 2016] 

[FR Doc. 2017–23912 Filed 11–1–17; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AO44 

Schedule for Rating Disabilities; The 

Endocrine System 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

Schedule for Rating Disabilities 

(VASRD) by revising the portion of the 

Schedule that addresses endocrine 

conditions and disorders of the 

endocrine system. The effect of this 

action is to ensure that the VASRD uses 

current medical terminology and to 

provide detailed and updated criteria 

for evaluation of endocrine disorders. 

DATES: This rule is effective on 

December 10, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Ioulia Vvedenskaya, Medical Officer, 

Part 4 VASRD Regulations Staff (211C), 

Compensation Service, Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW., Washington, DC 20420, 

Ioulia.Vvedenskaya@va.gov, (202) 461– 

9700 (this is not a toll-free telephone 

number). 

SUPPLEMENTARY INFORMATION: VA 

published a proposed rule in the 

Federal Register at 80 FR 39011 on July 

8, 2015, to amend the portion of the 

VASRD dealing with endocrine 

disorders. VA provided a 60-day public 

comment period, and interested persons 

were invited to submit written 

comments, suggestions, or objections on 

or before September 8, 2015. VA 

received comments from four 

individuals. In addition, VA received a 

comment from a veterans service 

organization. Unless otherwise 

indicated below, VA adopts the changes 

set forth in the proposed rule. 

Public Comments 

One commenter asked whether VA 

would recognize polycystic ovarian 

syndrome (PCOS) under the VA rating 

schedule. VA has a mechanism in place 

to address PCOS under 38 CFR 4.116. 

Specifically, the rating schedule for 

Gynecological Conditions and Disorders 

of the Breast addresses various ovarian 

conditions under Diagnostic Code (DC) 

7615, ‘‘Ovary, disease, injury, or 

adhesions of’’ and allows VA to rate 

based on whether symptoms are 

controlled by or require continuous 

treatment. In exceptional cases where 

the schedular evaluation is inadequate, 

38 CFR 3.321 allows for extraschedular 

evaluation. Therefore, VA makes no 

changes based on this comment. 

Two commenters proposed additional 

modifications to DC 7913, ‘‘Diabetes 

mellitus.’’ One commenter suggested 

adding a note to address the issue of 

regulation of activities. Another 

commenter suggested not changing the 

insulin requirements within DC 7913 

without considering the other 

requirements in the DC such as 

regulation of activities. The same 

commenter suggested removing the 

insulin requirement for a 20-percent 

rating and the regulation of activities 

requirement at all disability ratings 

under the DC. The commenter stated 

that the functional impairment caused 

by required use of insulin is greater than 

impairment caused by ingestion of oral 

medication to control diabetes. As 

stated in the proposed rule, VA is not 

proposing any change to the evaluation 

criteria for DC 7913 at this time other 

than requiring ‘‘one or more daily 

injection’’ of insulin for a 20-, 40- or 60- 

percent rating and instead intends to 

establish a work group to specifically 

address this condition. Therefore, these 

comments are beyond the scope of this 

rulemaking. However, VA will take 

these comments into consideration in 

connection with a possible future 

rulemaking. 

One commenter suggested changing 

the terminology for a 100-percent rating 

under DC 7903, ‘‘Hypothyroidism’’ from 

‘‘myxedema’’ to ‘‘myxedema coma or 

crisis’’ because myxedema can be 

present without causing the requisite 

level of symptoms for a 100-percent 

rating. Myxedema is a term used to 

denote severe hypothyroidism, and 

myxedema coma or myxedema crisis is 

a medical emergency and represents a 

specific rare life-threatening clinical 

condition. Because the clinical picture 

of myxedema appears in the most 

extreme cases of hypothyroidism, we 

believe that this manifestation of the 

disability warrants a 100-percent rating 

(See Greenspan’s Basic & Clinical 

Endocrinology (D.G. Gardner et al. eds., 

9th ed. 2011) available at http://

accessmedicine.mhmedical.com/

content.aspx?bookid=380&

sectionid=39744047#8401831). 

Therefore, VA makes no changes based 

on this comment. 

The same commenter proposed that 

VA retain a 10-percent minimum 

evaluation in the DCs for endocrine 

disabilities because of the need for 

continuous medication to control the 

symptoms of these disabilities. VA 

disagrees. In the absence of symptoms, 

medical management of chronic 

endocrine disorders does not present a 

significant lifestyle adjustment, and it 

does not result in impairment of earning 

capacity (see 38 U.S.C. 1155). Therefore, 

VA makes no changes based on this 

comment. 

The same commenter noted a 

typographical error in the text of 

proposed DC 7911. The word 

‘‘adrenocortical’’ was misspelled as 

‘‘adrenalcortical.’’ VA has changed the 

spelling of the term based on this 

comment. 

One commenter was supportive of the 

overall changes and additions to this 

section of the VASRD, such as 

additional DCs, clarification of notes on 

residuals affecting other body systems, 

instructions to rate some residuals 

separately, accounting for additional 

symptoms, and formation of a new work 

group for diabetes mellitus. The 


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