Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2002-02-22.xml --- 67 36 Friday, February 22, 2002 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Hazardous substances releases and facilities: Public health assessments and effects; list, 8266-8267 02-4318 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Bovine spongiform encephalopathy; disease status change— Japan, 8181-8182 02-4261 Plant-related quarantine, domestic: Black stem rust, 8177-8180 02-4262 Plant-related quarantine, foreign: Fruits and vegetables; technical amendment, 8180 02-4263 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 8226-8227 02-4310 Centers Centers for Medicare & Medicaid Services NOTICES Grants and cooperative agreements; availability, etc.: Medicare— Disease Management Demonstration Project, 8267-8270 02-4355 Medicare: New technology intraocular lenses furnished by ambulatory surgical centers; payment amounts adjustment— Alcon Laboratories; disapproval, 8270-8272 02-4354 Meetings: Medicare Coverage Advisory Committee, 8272 02-3986 Practicing Physicians Advisory Council, 8272-8273 02-4356 Coast Guard Coast Guard RULES Ports and waterways safety:

Camp Pendleton, CA; Operation Native Atlas 2002; security zone, 8197-8199 02-4289 Tampa, FL; security zones, 8196-8197 02-4286 Regattas and marine parades: Eighth Coast Guard District marine events, 8193-8196 02-4086 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 8226 02-4278 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 02-4298 8225-8226 02-4300 Defense Defense Department See Engineers Corps Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 8235-8236 02-4224 02-4376 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Local Flexibility Demonstration Program, 8441-8444 02-4257 Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— Correspondence; quarterly list, 8445-8447 02-4285 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 8321-8322 02-4121 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Enhanced geothermal systems, 8236-8237 02-4254 Meetings: Environmental Management Site-Specific Advisory Board— Nevada Test Site, NV, 8237 02-4253 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Douglas County, CO; Rueter-Hess Reservoir, 8234 02-4177 Environmental statements; notice of intent: Everglades Agricultural Area Storage Reservoirs Project, FL, 8234-8235 02-4183 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Natural gas transmission and storage facilities; technical correction, 8202-8204 02-4301 Air quality implementation plans; approval and promulgation; various States: Georgia, 8200-8202 02-4142 PROPOSED RULES Air pollution control: Interstate ozone transport reduction— Nitrogen oxides; Section 126 petitions regarding sources; and Title V operating permit programs, applicable requirement definition, 8385-8394 02-3918 Nitrogen oxides; State implementation plan call, technical amendments, and Section 126 rules; response to court decisions, 8395-8425 02-3917 NOTICES Environmental statements; availability, etc.:

Agency statements— Comment availability, 8242-8243 02-4270 Weekly receipts, 8243 02-4271 Grants, State and local assistance: Grantee performance evaluation reports— Various States, 8243 02-4302 Pesticide registration, cancellation, etc.: Chromated copper arsenate wood preservation products, 8244-8246 02-4306 Privacy Act: Systems of records, 8246-8265 02-3921 02-3922 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings;

Sunshine Act, 8265 02-4377 FAA Federal Aviation Administration RULES Airworthiness directives: Pilatus Britten-Norman Ltd.; correction, 8337 C2-2946 Civil aviation security, 8339-8384 02-4081 PROPOSED RULES Airworthiness directives: Airbus, 8212-8214 02-4227 Bombardier, 8214-8216 02-4226 FCC Federal Communications Commission RULES Radio stations; table of assignments: Colorado, 8204 02-4218 Colorado and Wyoming, 8205 02-4217 Idaho and Montana, 8204 02-4219 PROPOSED RULES Radio stations; table of assignments:

Various States, 8219-8220 02-4220 NOTICES Meetings: North American Numbering Council, 8265-8266 02-4216 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Allegheny No. 6 Hydro Partners, 8240 02-4251 Meetings: Electricity market design and structure; technical conference, 8240-8241 02-4252 Practice and procedure: Off-the-record communications, 8241-8242 02-4246 *Applications, hearings, determinations, etc.:* Bowers Drilling Co., Inc., 8237-8238 02-4249 Dominion Transmission, Inc., 8238 02-4248 Florida Gas Transmission Co., 8238-8239 02-4244 Jewett, Dale P., et al., 8239 02-4250 Northern Natural Gas Co., 8239 02-4245 Williston Basin Interstate Pipeline Co., 8240 02-4247 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Prince George's County, MD, 8332-8333 02-4230 Federal Reserve Federal Reserve System RULES Credit by brokers and dealers (Regulation T): Foreign margin stocks; list, 8182-8183 02-4265 Federal Transit Federal Transit Administration NOTICES Agency information collection activities: Proposed collection; comment request, 8333 02-4283 Food Food and Drug Administration NOTICES Meetings: Vaccines and Related Biological Products Advisory Committee, 8273-8274 02-4378 Food Food and Nutrition Service NOTICES Agency information collection activities:

Proposed collection; comment request, 8224 02-4241 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Eastern Idaho, 8224-8225 02-4316 GSA General Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request; correction, 8337 C2-3533 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 8279-8310 02-4098 Public and Indian housing— Housing Choice Voucher Program, 8427-8440 02-4215 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 8320-8321 02-4272 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 8310 02-4418 Interior Interior Department See Land Management Bureau See National Indian Gaming Commission See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Cold-rolled carbon steel flat products from— Various countries, 8227-8228 02-4266 Stainless steel bar from— Italy, 8228-8229 02-4267 Antidumping and countervailing duties: Softwood lumber products from— Canada; correction, 8227 02-4269 Countervailing duties: Stainless steel sheet and strip in coils from— Korea, 8229-8230 02-4268 International International Trade Commission RULES Practice and procedure: Investigations relating to global and bilateral safeguard actions, market disruption, and relief actions review, 8183-8193 02-4186 NOTICES Meetings;

Sunshine Act, 8317-8318 02-4457 Justice Justice Department See Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 02-4221 8318-8319 02-4222 Pollution control; consent judgments: Archer Daniels Midland Co., 8319 02-4312 Franc Motors et al., 8319-8320 02-4311 Tennessee Farmers Cooperative et al., 8320 02-4313 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration See Workers’ Compensation Programs Office Land Land Management Bureau PROPOSED RULES Public administrative procedures:

Conveyances, disclaimers, and correction documents— Recordable disclaimers of interest in land; amendments, 8216-8219 02-4137 NOTICES Realty actions; sales, leases, etc.: Alaska, 8310 02-4229 Colorado, 8310-8312 02-4314 02-4315 Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines; republication, 8451-8460 R2-59 Mine Mine Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 8322-8323 02-4309 National Archives National Archives and Records Administration RULES Public availability and use: Research room procedures; public access personal computers (workstations) use, 8199-8200 02-4211 National Indian National Indian Gaming Commission NOTICES Indian Gaming Regulatory Act: Fee rates, 8323 02-4326 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 8274-8275 02-4297 Inventions, Government-owned; availability for licensing, 8275-8276 02-4296 Meetings:

National Center for Complementary and Alternative Medicine, 8277 02-4292 National Institute of Child Health and Human Development, 8277 02-4290 National Institute of Environmental Health Sciences, 8278 02-4294 National Institute on Deafness and Other Communication Disorders, 8277-8278 02-4293 National Institute on Drug Abuse, 8278 02-4295 Scientific Review Center, 8278 02-4291 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Large coastal, small coastal, pelagic, blue, and porbeagle sharks; correction, 8211 02-4276 NOTICES Agency information collection activities:

Proposed collection; comment request, 8230-8231 02-4274 02-4280 Submission for OMB review; comment request, 8231 02-4273 Meetings: Mid-Atlantic Fishery Management Council, 8232 02-4279 North Pacific Research Board, 8232 02-4277 Permits: Endangered and threatened species, 8233 02-4281 Reports and guidance documents; availability, etc.: National Artificial Reef Plan revision; comment request, 8233 02-4275 National Park National Park Service NOTICES Committees; establishment, renewal, termination, etc.:

Chalmette Battlefield Task Force, 8312 02-4324 Concession contract negotiations: Lake Mead National Recreation Area, Willow Beach Site, CA; raft float trips and limited visitor services, 8312-8313 02-4322 Environmental statements; notice of intent: Glacier Bay National Park and Preserve, AK, 8313-8314 02-4323 Meetings: National Capital Memorial Commission, 8314 02-4379 National Register of Historic Places: Pending nominations, 8314-8316 02-4325 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 8323-8325 02-4242 Office Office of Management and Budget See Management and Budget Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 8325-8326 02-4243 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Food and Drug Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Central Arizona Project, AZ— San Carlos Apache Indian Reservation, Gila, Pinal, and Graham Counties, 8316-8317 02-4319 Research Research and Special Programs Administration PROPOSED RULES Hazardous materials:

Hazardous materials transportation— Intermodal portable tanks on transport vehicles; unloading, 8220-8223 02-4284 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 8326-8330 02-4231 New York Stock Exchange, Inc., 8330 02-4233 Philadelphia Stock Exchange, Inc., 8330-8331 02-4232 Surface Surface Transportation Board NOTICES Motor carriers: Control applications— Holland America Line-Westours, Inc., 8334 02-4139 Railroad operation, acquisition, construction, etc.:

Union Pacific Railroad Co., 8334-8335 02-4138 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES World Trade Organization: Japan and U.S.— Consultations regarding antidumping duty order on corrosion-resistant carbon steel flat products from Japan, 8331-8332 02-4214 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration RULES Civil aviation security, 8339-8384 02-4081 Security programs for aircraft 12,500 pounds or more, 8205-8210 02-4235 Treasury Treasury Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-4228 8335-8336 02-4255 02-4256 Workers’ Workers’ Compensation Programs Office NOTICES Insurer security deposits; information request, 8449-8450 02-4308 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration; Transportation Department, Transportation Security Administration, 8339-8384 02-4081 Part III Environmental Protection Agency, 8385-8394 02-3918 Part IV Environmental Protection Agency, 8395-8425 02-3917 Part V Housing and Urban Development Department, 8427-8440 02-4215 Part VI Education Department, 8441-8444 02-4257 Part VII Education Department, 8445-8447 02-4285 Part VIII Labor Department, Workers’ Compensation Programs Office, 8449-8450 02-4308 Part IX Executive Office of the President, Management and Budget Office, 8451-8460 R2-59 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 36 Friday, February 22, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 97-053-3] Black Stem Rust; Identification Requirements and Addition of Rust-Resistant Varieties AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the black stem rust quarantine and regulations to require 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 inspectors to clearly identify the variety and distinguish it from others. We are also amending the regulations to require that inspectors verify, prior to interstate movement, that varieties match their description.

Finally, we are amending the regulations to add 32 new varieties to the list of rust-resistant *Berberis, Mahoberberis* , and *Mahonia* species. This rule will help prevent the spread of black stem rust by providing for and requiring the accurate identification of rust-resistant varieties by inspectors and will provide for the interstate movement of newly developed varieties without unnecessary restrictions. EFFECTIVE DATE: March 25, 2002. 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, 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. 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. Comments on the proposed rule were required to be received on or before May 22, 1998. We received two comments by that date, which were from the nursery industry and a State government official. One of the commenters opposed the addition of more rust-resistant barberry varieties to the list in § 301.38-2 without the distribution of proper field identification aids to inspectors. After considering that comment, we agreed with the commenter's suggestion that identification aids could be useful for ensuring the accurate identification of the rust-resistant varieties, which would help to prevent the spread of black stem rust. Because this comment raised an issue we believed warranted further consideration, we withdrew the April 7, 1998, proposed rule, and replaced it with an alternative proposal. In the alternative proposal, which was published in the **Federal Register** on June 14, 2001 (66 FR 32268-32272, Docket No. 97-053-2), we proposed to amend the list of rust-resistant *Berberis, Mahoberberis,* and *Mahonia* species by adding the 15 varieties listed in our original proposed rule as well as an additional 17 varieties that had been submitted for listing since the publication of the original proposed rule. We also proposed to amend the regulations to require that persons who request the Animal and Plant Health Inspection Service (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. As noted in the proposed rule, the nurseries that developed the 32 new rust-resistant varieties listed in the proposed rule had provided such identification guides to APHIS. Finally, we proposed to require that inspectors who issue certificates for the movement of rust-resistant barberry varieties under the regulations in § 301.38-4(b)(2) must, prior to issuing certificates, verify that the barberry varieties to be shipped match the description of the varieties. We solicited comments concerning our June 2001 proposal for 60 days ending August 13, 2001. We received two comments by that date. They were from a national nursery and landscape association and a State department of agriculture. These letters fully supported the proposed rule. Therefore, we are not making any changes to the rule based on the comments we received. However, we are making three changes to the rule in order to clarify certain aspects of the regulations. First, while a footnote in the definition of *rust-resistant plants* in § 301.38-1 provides a description of the testing performed to determine whether a new variety is rust-resistant, the regulations have not specifically provided that a person may request that an additional rust-resistant variety be added to the lists of rust-resistant varieties in § 301.38-2. Similarly, while our June 2001 proposed rule contained provisions to require that a person requesting a rust-resistant variety be added to the list in § 301.38-2 provide APHIS with certain information regarding the variety, we did not specifically state that a person may request that an additional rust-resistant variety be added to that list. We do, in fact, accept requests for additions to the lists in § 301.38-2, so we have amended § 301.38-2(b) in this final rule to make that clear. Second, in our June 2001 proposed rule, we proposed to amend § 301.38-5 by adding a new paragraph (b)(3). Under that proposed paragraph, an inspector would have to verify, prior to issuing a certificate for the interstate movement of a rust-resistant variety, that the variety matches the description provided to APHIS by the person who requested the addition of that variety to the list in § 301.38-2. Given that the existing regulations in § 301.38-5(b)(1) already provide that an inspector must determine, upon examination, that the regulated article may be moved in accordance with § 301.38-4, which would include verifying that a particular variety is eligible for movement, we have determined that our proposed amendment to § 301.38-5 is unnecessary and have removed that provision in this final rule. However, we are amending § 301.38-5(b)(1) in this final rule so that it states that an inspector must determine, upon examination, that the regulated article may be moved interstate in accordance with the regulations in the entire subpart, not just § 301.38-4. This amendment is necessary because there are requirements elsewhere in the subpart that apply to the interstate movement of regulated articles. Third, while our June 2001 proposed rule contained provisions to require that descriptions be provided to APHIS in accordance with § 301.38-2(b) for use by State nursery inspectors as identification aids, those individuals who inspect varieties of black stem rust barberry are simply referred to as inspectors elsewhere in the regulations. The definition of an inspector, which is contained in § 301.38-1, provides that such individuals may be any APHIS employee or other person authorized by the Administrator to enforce this subpart. Because State nursery inspectors are included in this definition, we have amended § 301.38-2(b) in this final rule by removing the reference to “State nursery inspectors” and replacing it with “an inspector” in order to make the regulations more consistent. Finally, in this final rule we have made several nonsubstantial editorial changes in the regulations for clarity. Executive Order 12866 and Regulatory Flexibility Act This 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 final rule allows 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. Based on the information provided to us, we have determined that this rule will affect three or four nurseries that might propagate the new species and numerous retail sales nurseries that might purchase and resell the varieties. This action will 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. Prior to this final rule, 123 varieties of barberry plants were listed in the regulations as rust-resistant. Of those 123 varieties, many are no longer propagated for commercial sale, as many consumers are choosing newer varieties that are horticulturally more attractive. This rule adds 32 new varieties to the list. The addition of these 32 new varieties will simply create a greater selection of barberry plant varieties from which consumers can choose. This 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 effect on those nurseries that might handle the new varieties. This rule requires 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 inspectors to clearly identify the variety and distinguish it from other varieties. This rule also requires that, prior to interstate movement, an inspector must verify that a rust-resistant variety matches the description of the variety provided to APHIS. However, these 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 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 final 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 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget

(OMB)under OMB control number 0579-0186. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues 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; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. Section 301.38-1 is amended as follows: a. In the definition for *rust-resistant plants,* by removing the citation “§ 301.38-2(b) and (c)” and adding the citation “§ 301.38-2 (a)(2) and (a)(3)” in its place. b. In the definition for *rust-susceptible plants,* by removing the citation “§ 301.38-2(b) and (c)” and adding the citation “§ 301.38-2(a)(2) and (a)(3)” in its place. c. In the definition for *regulated article,* by removing the citation “§ 301.38-2(a) through (d)” and adding the citation “§ 301.38-2(a)(1) through (a)(4)” in its place, and by removing the citation “§ 301.38-2(e)” and adding the citation “§ 301.38-2(a)(5)” in its place. 3. Section 301.38-2 is revised to read as follows: § 301.38-2 Regulated articles.

(a)The following are regulated articles: 3 3 Permit and other requirements for the insterstate 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* *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 gracilis* *B. stenophylla irwini* *B. stenophylla nana compacta* *B. taliensis* *B. telomaica artisepala* *B. thunbergii* *B. thunbergii* `Antares' *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 aurea* *B. thunbergii* `Aurea Nana' *B. thunbergii* `Bagatelle' *B. thunbergii* `Bailgreen' (Jade Carousel TM ) *B. thunbergii* `Bailone' *B. thunbergii* `Bailone' (Ruby Carousel®) *B. thunbergii* `Bailtwo' *B. thunbergii* `Bailtwo' (Burgundy Carousel®) *B. thunbergii* `Bonanza Gold' *B. thunbergii* `Concorde' *B. thunbergii* `Crimson Pygmy' *B. thunbergii* `Criruzam' Crimson Ruby TM *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 TM *B. thunbergii minor* *B. thunbergii* `Monlers' *B. thunbergii* `Monomb' *B. thunbergii* `Monry' *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®) *B. thunbergii* x `Tara' (Emerald Carousel®) *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)(1) 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)A person may request that an additional rust-resistant variety be added to paragraph (a)(2) or (a)(3) of this section. The person requesting that a rust-resistant variety be added to paragraph (a)(2) or (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 an inspector to clearly identify the variety and distinguish it from other varities. (Approved by the Office of Management and Budget under control number 0579-0186.) § 301.38-4 [Amended] 4. Section 301.38-4 is amended as follows: a. In paragraph (b)(2)(i), by removing the citation “§ 301.38-2(b)” and adding the citation “§ 301.38-2(a)(2)” in its place. b. In paragraph (b)(2)(ii), by removing the citation “§ 301.38-2(c)” and adding the citation “§ 301.38-2(a)(3)” in its place. § 301.38-5 [Amended] 5. In § 301.38-5, paragraph (b)(1), the citation “§ 301.38-4” is removed and the words “this subpart” are added in its place. Done in Washington, DC, this 19th day of February 2002. W. Ron DeHaven, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-4262 Filed 2-21-02; 8:45 am]

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