Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-02-03.xml --- 71 23 Friday, February 3, 2006 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Air Force Academy Board of Visitors, 5818-5819 E6-1468 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Black stem rust, 5777-5779 06-1008 NOTICES Environmental statements; availability, etc.:

Nonregulated status determinations— Monsanto Co.; corn genetically engineered to express high lysine levels, 5801-5802 E6-1481 Army Army Department NOTICES Meetings: U.S. Military Academy, Board of Visitors; correction, 5819 06-1048 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-952 5850-5853 06-973 06-974 06-1054 Chemical Chemical Safety and Hazard Investigation Board PROPOSED RULES Accident investigation initiation notice and order to preserve evidence, 5799-5800 E6-1464 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5853-5856 06-1011 06-1012 06-1013 Grants and cooperative agreements; availability, etc.:

Child abuse and neglect; research priorities (FY 2006-2008), 5856-5858 E6-1480 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Choptank River, MD, 5788-5790 06-1031 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 5808-5809 E6-1472 E6-1473 Comptroller Comptroller of the Currency RULES Response programs for unauthorized access to customer information and customer notice; interagency guidance; correction, 5779-5780 06-1009 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5817 E6-1456 Meetings;

Sunshine Act, 5818 06-1049 Defense Defense Acquisition Regulations System NOTICES Reports and guidance documents; availability, etc.: Contracting with employers of persons with disabilities; policy statement, 5819 E6-1513 Defense Defense Department See Air Force Department See Army Department See Defense Acquisition Regulations System NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 5818 E6-1460 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; class exemptions:

Broker-dealers, reporting dealers, and bank transactions, 5883-5887 E6-1484 Insurance agents, brokers, consultants, insurance and investment companies, and investment company principal underwriters, 5887-5890 E6-1504 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc. Cequent Electrical Products, 5892-5893 E6-1492 Foamex LP, 5891 E6-1496 John Crane, Inc., 5893 E6-1493 Paxar Corp., 5893-5894 E6-1494 Pliana, Inc., et al., 5891-5892 E6-1497 Robert Bosch Fuel Systems, 5894 E6-1498 Sturgis Foundry Corp. et al., 5894-5896 E6-1495 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

Sempra Energy Trading Corp., 5819-5820 E6-1471 Meetings: Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 5820 E6-1512 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Maine, 5791-5794 06-984 NOTICES Agency information collection activities; proposals, submissions, and approvals, 5834-5836 E6-1503 Environmental statements; availability, etc.: Agency comment availability, 5836-5837 E6-1502 Agency weekly receipts, 5837-5838 E6-1510 Pesticide programs:

Pesticide applicator certifications; State plans— Navajo Indian Country, 5838-5843 E6-1511 Toxic and hazardous substances control: New chemicals; receipt and status information, 5843-5846 E6-1514 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: General Machine - Diecron, Inc., 5796-5799 E6-1470 NOTICES Airport noise compatibility program: Noise exposure maps— Alexandria International Airport, LA, 5900-5901 06-1033 Environmental statements; availability, etc.:

Clinton-Sherman Industrial Airpark, OK; Oklahoma spaceport, 5901-5902 E6-1501 Grants and cooperative agreements; availability, etc.: Airport Improvement Program, 5902-5903 06-1034 Meetings: RTCA, Inc., 5902 06-1032 FCC Federal Communications Commission NOTICES Meetings: Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks; oral presentation opportunity, 5846-5847 06-1057 FDIC Federal Deposit Insurance Corporation RULES Response programs for unauthorized access to customer information and customer notice; interagency guidance; correction, 5779-5780 06-1009 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 5825-5828 E6-1437 E6-1479 Hydroelectric applications, 5828-5833 E6-1443 E6-1444 E6-1451 Off-the-record communications, 5833-5834 E6-1438 *Applications, hearings, determinations, etc.:* Basin Electric Power Cooperative, 5820-5821 E6-1450 Bridgeport Energy LLC et al., 5821 E6-1448 Columbia Gas Transmission Corp., 5821-5822 E6-1452 Dominion Transmission, Inc., 5822 E6-1447 Garden Banks Gas Pipeline, LLC, 5822 E6-1453 Llano Estacado Wind, LP, 5823 E6-1441 New York Independent System Operator, Inc., 5823 E6-1440 PPL Montana, LLC, et al., 5823 E6-1442 Quachita Power, LLC, 5823-5824 E6-1449 Solios Asset Management LLC et al., 5824 E6-1446 Southern Star Central Gas Pipeline, Inc., 5824-5825 E6-1454 TECO EnergySource, Inc., 5825 E6-1439 Federal Railroad Federal Railroad Administration NOTICES Environmental statements; notice of intent:

Southeast High Speed Rail Corridor Rail corridor, VA and NC; study area extension, 5903 E6-1500 Federal Reserve Federal Reserve System RULES Response programs for unauthorized access to customer information and customer notice; interagency guidance; correction, 5779-5780 06-1009 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 5847 E6-1477 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.:

Transit assistance programs— Apportionments, allocations, and program information, 5910-5965 06-961 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Driftless Area National Wildlife Refuge; IA, MN, WI, and IL, 5874-5875 E6-1474 Endangered and threatened species and marine mammal permit determinations, etc., 5875-5876 E6-1430 Endangered and threatened species permit determinations, etc., E6-1431 5876-5877 E6-1467 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Firocoxib paste, 5788 06-993 NOTICES Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— TEQUIN injection, 10 milligrams, 5858-5859 E6-1475 Patent extension; regulatory review period determinations— CYPHER, 5860-5861 E6-1436 SURPASS, 5859-5860 E6-1434 Reports and guidance documents; availability, etc.: Human subject protection; information for institutional review boards, clinical investigators, and sponsors, 5861-5862 E6-1476 Patient-reported outcome measures: use in medical product development to support labeling claims, 5862-5863 E6-1433 Pediatric studies; medical and clinical pharmacology review summaries, 5863-5864 E6-1435 Forest Forest Service NOTICES Committees; establishment, renewal, termination, etc.:

Lake Tahoe Basin Federal Advisory Committee, 5802-5803 06-999 Environmental statements; notice of intent: Tongass National Forest, AK, 5803-5804 06-1001 Tongass National Forest and Chugach National Forest, AK, 5804-5805 06-1002 Meetings: Lake Tahoe Basin Federal Advisory Committee, 5805-5806 06-1000 Land Between The Lakes Advisory Board, 5806 E6-1469 Resource management plans, etc.: Manti-La Sal National Forest, UT and CO, 5806-5807 E6-1465 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5847-5848 E6-1461 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 5818 E6-1460 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-1490 5848-5849 E6-1491 Meetings: Vital and Health Statistics National Committee, 5849 06-1004 06-1005 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 5872-5874 E6-1432 06-994 Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 5874 06-942 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Wen Enterprises, et al., 5809-5810 06-1003 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Hand trucks and certain parts from— China, 5810-5811 E6-1505 Stainless steel bar from— Germany, 5811-5815 E6-1508 Justice Justice Department See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 5880-5881 E6-1459 06-998 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 5881-5882 E6-1457 Meetings:

Global Justice Information Sharing Initiative Federal Advisory Committee, 5882 E6-1509 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5882-5883 E6-1506 E6-1507 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Blackfoot Bridge Mine, ID, 5877-5878 E6-1515 Legal Legal Services Corporation RULES Grant funds, expenditure, 5794-5795 06-997 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 5818 E6-1460 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 5864 E6-1499 Meetings: National Institute of Allergy and Infectious Diseases, 5867 06-1025 National Institute of Dental and Craniofacial Research, 5866-5867 06-1024 National Institute of Diabetes and Digestive and Kidney Diseases, 5865 06-1021 06-1022 National Institute of Mental Health, 5865-5866 06-1023 National Library of Medicine, 06-1020 5867-5869 06-1026 06-1027 06-1028 Scientific Review Center, 5869-5872 06-1029 NOAA National Oceanic and Atmospheric Administration NOTICES Exempted fishing permit determinations, etc., 5815-5816 E6-1478 Meetings:

South Atlantic Fishery Management Council, E6-1485 5816-5817 E6-1486 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 5878-5880 E6-1428 E6-1429 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 5896 06-1044 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 5896-5897 06-1055 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Research Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5903-5905 06-1016 06-1017 06-1018 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5807-5808 E6-1455 SBA Small Business Administration NOTICES Disaster loan areas:

Oklahoma, 5897 E6-1462 South Dakota, 5897 E6-1463 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5897-5898 E6-1424 State State Department NOTICES Culturally significant objects imported for exhibition determinations: Britannia & Muscovy: English Silver at the Court of the Tsars, 5898 E6-1482 Meetings: Private International Law Advisory Committee, 5898-5899 E6-1483 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

BNSF Railway Co., 5905-5906 E6-1488 Kansas City Southern Railway Co., 5906-5907 06-963 Norfolk Southern Railway Co., 5907 06-962 R.J. Corman Railroad Co./Tennessee Terminal, LLC, 5906 E6-1489 Thrift Thrift Supervision Office RULES Response programs for unauthorized access to customer information and customer notice; interagency guidance; correction, 5779-5780 06-1009 Trade Trade Representative, Office of United States NOTICES Trade Act of 1974: Identification of countries under Section 182; special out-of-cycle review, 5899-5900 E6-1466 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Research and Innovative Technology Administration See Surface Transportation Board RULES Economic regulations:

Foreign direct air carriers; charter operations, 5780-5787 06-972 Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 5910-5965 06-961 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. 71 23 Friday, February 3, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 04-003-2] Black Stem Rust;

Movement Restrictions 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 by changing the movement restrictions in order to allow clonally propagated offspring of rust-resistant *Berberis* cultivars to move into or through a protected area without completing a 2-year growth period. This change will lessen an unnecessarily strict movement requirement.

We are also adding 13 varieties to the list of rust-resistant *Berberis* species. This change allows for the interstate movement of these newly developed varieties without unnecessary restrictions. DATES: Effective February 3, 2006. FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Agriculturalist, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-6774. SUPPLEMENTARY INFORMATION: Background Black stem rust is one of the most destructive plant diseases that is known to exist in the United States. The disease is caused by a fungus that reduces the quality of 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 windborne 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. On October 12, 2005, we published in the **Federal Register** (60 FR 59280-59283, Docket No. 04-003-1) a proposal to amend the regulations to allow clonally propagated offspring obtained from black stem rust resistant *Berberis* cultivars of more than 2 years' growth to be moved into or through protected areas without undergoing a 2-year growth period. We also proposed to add 13 new varieties to the list of rust-resistant *Berberis* species and to make several editorial and organizational changes to the regulations to improve their accuracy or clarity. We solicited comments concerning our proposal for 60 days ending December 12, 2005. We did not receive any comments. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . Immediate implementation of this rule is necessary to provide relief to those persons who are adversely affected by restrictions we no longer find warranted. Making this rule effective immediately will allow interested nurseries and others in the marketing chain to benefit during this year's nursery stock shipping and marketing season. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the **Federal Register** . Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This rule adds 13 new varieties of *Berberis* to the list of species that have been determined to be resistant to black stem rust and that are thus eligible to be moved interstate 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 rule will affect fewer than five nurseries that might propagate the new species and numerous retail nurseries that might purchase and resell the varieties. This rule will enable those nurseries to move the new varieties into and through protected areas and to propagate and sell those varieties in States of parts of States designated as protected areas. The addition of these 13 new varieties will provide 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 barberry varieties the opportunity to market those varieties in protected areas; however, there is no indication that the periodic introduction of new varieties 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. Additionally, this rule allows nurseries that produce clonally propagated offspring from rust-resistant *Berberis* cultivars to sell them without first undergoing a 2-year growth period. The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small entities and to use flexibility to provide regulatory relief when regulations create economic disparities between different-sized entities. According to the Small Business Administration's (SBA's) Office of Advocacy, regulations create economic disparities based on size when they have a significant economic impact on a substantial number of small entities. Plant nursery farms and greenhouses are classified as small businesses if they receive less than $750,000 in annual sales receipts. According to the 1997 Census of Agriculture, an average U.S. nursery had annual sales of approximately $160,000. Therefore, it appears that the majority of U.S. nurseries qualify as small businesses under SBA's standards. Those nurseries that produce rust-resistant *Berberis* varieties will benefit from this rule in that they will not have to undergo a 2-year waiting period before they are able to sell the clonally propagated offspring of rust-resistant *Berberis* cultivars in protected areas or move those plants through protected areas. While we are unable to qualify those benefits without knowing the number of entities that may avail themselves of this relaxation of movement related restrictions for clonally propagated rust-resistant *Berberis* plants, we do not expect that the savings in production costs will be significant. 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 This final 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, 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. 7701-7772 and 7781-7786; 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. By adding, in alphabetical order, a definition of *clonally propagated* to read as set forth below. b. In the definition of *protected area* , by removing the citation “§ 301.38-3(c)” and adding the citation “§ 301.38-3(d)” in its place. c. In the definition of *rust-resistant plants* , by removing the word “species” and by removing the citation “§ 301.38-2(a)(2) and (a)(3)” and adding the citation “§ 301.38-2(a)(1) and (a)(2)” in its place. d. In the definition of *rust-susceptible plants* , by removing the word “species” and by removing the citation “§ 301.38-2(a)(2) and (a)(3)” and adding the citation “§ 301.38-2(a)(1) and (a)(2)” in its place. e. In the definition of *regulated article* , by removing the words “through (a)(4)” and adding the words “through (a)(3)” in their place and by removing the citation “§ 301.38-2(a)(5)” and adding the citation “§ 301.38-2(a)(4)” in its place. § 301.38-1 Definitions. *Clonally propagated* . Reproduced asexually through cuttings, tissue culture, suckers, or crown division. For the purposes of this subpart, a *Berberis* plant will be considered clonally propagated only if its parent stock is, or was derived from, a seed-propagated black stem rust-resistant plant of more than 2 years' growth. 3. Section 301.38-2 is amended as follows: a. By removing paragraph (a)(1) and redesignating paragraphs (a)(2) through (a)(5) as paragraphs (a)(1) through (a)(4), respectively. b. In newly redesignated paragraph (a)(1), by adding the words “and varieties” after the word “species” and by adding, in alphabetical order, 13 new entries to the list of rust-resistant species to read as set forth below. c. In newly redesignated paragraph (a)(2), by adding the words “and varieties” after the word “species”. d. By revising newly redesignated paragraph (a)(3) to read as set forth below. e. In newly redesignated paragraph (a)(4), by removing the words “through (a)(4)” and adding the words “through (a)(3)” in their place. f. In paragraph (b), in both the first and second sentences, by removing the words “(a)(2) or (a)(3)” and adding the words “(a)(1) or (a)(2)” in their place. § 301.82-2 Regulated articles.

(a)* * *

(1)* * * *B* . *thunbergii* ‘Admiration’ *B* . *thunbergii* ‘Crimson Ruby’ *B* . *thunbergii* ‘Golden Carpet’ *B* . *thunbergii* ‘Golden Devine’ *B* . *thunbergii* ‘Golden Rocket’ *B* . *thunbergii* ‘Golden Ruby’ *B* . *thunbergii* ‘Maria’ *B* . *thunbergii* ‘Pow Wow’ *B* . *thunbergii* ‘Red Carpet’ *B* . *thunbergii* ‘Red Rocket’ *B* . *thunbergii* ‘Rosy Rocket’ *B* . *thunbergii* ‘Talago’ *B* . *thunbergii* ‘Tiny Gold’

(3)All plants, seeds, fruits, and other plant parts capable of propagation from rust-susceptible species and varieties of the genera *Berberis* , *Mahoberberis* , and *Mahonia* , except *Mahonia* cuttings for decorative purposes. § 301.38-3 [Amended] 4. In § 301.38-3, paragraphs

(a)and

(f)are amended by removing the words “paragraph (c)” and adding the words “paragraph (d)” in their place. 5. In § 301.38-4, paragraphs

(a)and

(b)are revised to read as follows: § 301.38-4 Interstate movement of regulated articles.

(a)*Non-protected areas* . Interstate movement of regulated articles into or through any State or area that is not designated as a protected area under § 301.38-3(d) is allowed without restriction under this subpart.

(b)*Protected areas* .

(1)*Prohibited movement* . The following regulated articles are prohibited from moving interstate into or through any protected area:

(i)All rust-susceptible *Berberis* , *Mahoberberis* , and *Mahonia* plants, seeds, fruits, and other plant parts capable of propagation, except Mahonia cuttings for decorative purposes.

(ii)All seed-propagated plants of the *Berberis* species and varieties designated as rust-resistant in § 301.38-2(a)(1) of this subpart that are of less than 2 years’ growth, and any seeds, fruits, and other plant parts capable of propagation from such plants.

(2)*Restricted movement* . The following regulated articles may be moved interstate into or through a protected area with a certificate issued and attached in accordance with §§ 301.38-5 and 301.38-7 of this subpart:

(i)Seed-propagated plants of at least 2 years' growth, clonally propagated plants of any age, seeds, fruits, and other plant parts capable of propagation of the *Berberis* species and varieties designated as rust-resistant in § 301.38-2(a)(1) of this subpart;

(ii)Plants, seeds, fruits, and other plant parts capable of propagation of the *Mahoberberis* and *Mahonia* species and varieties designated as rust-resistant in § 301.38-2(a)(2) of this subpart. Done in Washington, DC, this 30th day of January 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 06-1008 Filed 2-2-06; 8:45 am]

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