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Rules and Regulations Federal Register Vol. 81, No. 55

Tuesday, March 22, 2016

This section of the FEDERAL REGISTER CFR 301.38 through 301.38–8 (referred Thus, considerations regarding the contains regulatory documents having general to below as the regulations), quarantine potential invasiveness of the applicability and legal effect, most of which the conterminous 48 States and the spp. plants themselves are outside the are keyed to and codified in the Code of District of Columbia and govern the scope of this rulemaking. Therefore, for Federal Regulations, which is published under interstate movement of certain plants of the reasons given in the direct final rule, 50 titles pursuant to 44 U.S.C. 1510. the genera Berberis, Mahoberberis, and we are confirming the effective date as The Code of Federal Regulations is sold by , known as barberry plants. The March 22, 2016. the Superintendent of Documents. Prices of species of these plants are categorized as Authority: 7 U.S.C. 7701–7772 and 7781– new books are listed in the first FEDERAL either -resistant or rust-susceptible. 7786; 7 CFR 2.22, 2.80, and 371.3. REGISTER issue of each week. Rust-resistant plants do not pose a risk Section 301.75–15 issued under Sec. 204, of spreading black stem rust or of Title II, Pub. L. 106–113, 113 Stat. 1501A– contributing to the development of new 293; sections 301.75–15 and 301.75–16 DEPARTMENT OF races of the rust; rust-susceptible plants issued under Sec. 203, Title II, Pub. L. 106– do pose such risks. 224, 114 Stat. 400 (7 U.S.C. 1421 note). Animal and Plant Health Inspection On January 22, 2016, the Animal and Done in Washington, DC, this 16th day of Service Plant Health Inspection Service (APHIS) March 2016. published in the Federal Register (81 Kevin Shea, 7 CFR Part 301 FR 3701–3702) 1 a direct final rule to Administrator, Animal and Plant Health [Docket No. APHIS–2015–0079] add the following B. thunbergii varieties Inspection Service. to the list of rust-resistant Berberis [FR Doc. 2016–06476 Filed 3–21–16; 8:45 am] Black Stem Rust; Additions of Rust- species in § 301.38–2(a)(1): BILLING CODE 3410–34–P Resistant Species and Varieties • B. thunbergii ‘BailAnna’ Moscato; • B. thunbergii ‘BailElla’ Lambrusco; AGENCY: Animal and Plant Health • B. thunbergii ‘Daybreak’; Inspection Service, USDA. • NUCLEAR REGULATORY B. thunbergii ‘BailErin’ Limoncello; COMMISSION ACTION: Direct final rule; confirmation of • B. thunbergii ‘BailJulia’ Toscana; effective date. • B. thunbergii ‘NCBT1’; • 10 CFR Part 72 SUMMARY: B. thunbergii x calliantha ‘NCBX3’; On January 22, 2016, the • [NRC–2015–0156] Animal and Plant Health Inspection B. thunbergii x media ‘NCBX1’; and • B. thunbergii x media ‘NCBX2’. Service published a direct final rule. RIN 3150–AJ63 We solicited comments on the rule for The direct final rule notified the public 30 days ending February 22, 2016, and of our intention to amend the black stem List of Approved Spent Fuel Storage indicated that, if we received written rust quarantine and regulations by Casks: Holtec International HI–STORM adverse comments or written notice of adding nine varieties to the list of rust- 100 Cask System; Amendment No. 9, resistant Berberis species and varieties. intent to submit adverse comments, we Revision 1 would publish a document in the We received two comments, which are AGENCY: Nuclear Regulatory addressed in this document. Federal Register withdrawing the direct final rule before the effective date. Commission. DATES: The effective date of the direct We received two comments by that ACTION: Direct final rule; confirmation of final rule published January 22, 2016, at date. One commenter fully supported effective date. 81 FR 3701, is confirmed as March 22, the rule. The other commenter stated SUMMARY: The U.S. Nuclear Regulatory 2016. that the rule should not be promulgated Commission (NRC) is confirming the FOR FURTHER INFORMATION CONTACT: Dr. because it promoted interstate effective date of March 21, 2016, for the Richard N. Johnson, National Policy commerce of Berberis plants, which are direct final rule that was published in Manager, Black Stem Rust, Pest considered an invasive species in the the Federal Register on January 6, 2016. Management, PHP, PPQ, APHIS, 4700 Midwest and Eastern . This direct final rule amended spent River Road Unit 26, Riverdale, MD However, the only supporting fuel storage regulations by revising the 20737–1231; (301) 851–2109. information that the commenter Holtec International HI–STORM 100 SUPPLEMENTARY INFORMATION: Black provided was a Web site link to a page Cask System listing within the ‘‘List of stem rust is one of the most destructive related to varieties of Berberis in the approved spent fuel storage casks’’ to plant diseases of small grains that is natural environment, and not the include Amendment No. 9, Revision 1, known to exist in the United States. The commercially produced and marketed to Certificate of Compliance No. 1014. disease is caused by a ( cultivars that were the subject of the Amendment No. 9, Revision 1, changes graminis) that reduces the quality and rule. Moreover, APHIS’ restrictions on cooling time limits for thimble plug yield of infected , , , and the interstate movement of Berberis spp. devices, removes certain testing crops. In addition to infecting small plants are imposed to ensure that those requirements for the fabrication of grains, the fungus lives on a variety of plants do not pose a risk of spreading Metamic HT neutron-absorbing alternate host plants that are species of black stem rust or contributing to the structural material, and reduces certain the genera Berberis, Mahoberberis, and development of new races of the rust. Mahonia. The fungus is spread from minimum guaranteed values used in host to host by windborne . 1 To view the direct final rule and the comments bounding calculations for this material. The black stem rust quarantine and received, go to http://www.regulations.gov/ Amendment No. 9, Revision 1, also regulations, which are contained in 7 #!docketDetail;D=APHIS-2015-0079. changes fuel definitions to classify

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