Black Stem Rust; Addition of Rust-Resistant Varieties; Correction

---
identifier: "/us/fr/E7-24678"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Black Stem Rust; Addition of Rust-Resistant Varieties; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "E7-24678"
section_name: "Black Stem Rust; Addition of Rust-Resistant Varieties; Correction"
positive_law: false
currency: "2007-12-20"
last_updated: "2007-12-20"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Agriculture Department"
document_number: "E7-24678"
document_type: "rule"
publication_date: "2007-12-20"
agencies:
  - "Agriculture Department"
  - "Animal and Plant Health Inspection Service"
cfr_references:
  - "7 CFR Part 301"
fr_citation: "72 FR 72233"
fr_volume: 72
docket_ids:
  - "Docket No. APHIS-2007-0072"
effective_date: "2007-12-20"
fr_action: "Direct final rule; correction."
---


#  Regulated articles.

**AGENCY:**

Animal and Plant Health Inspection Service, USDA.

**ACTION:**

Direct final rule; correction.

**SUMMARY:**

We are correcting an error in the amendatory instructions in our direct final rule that added four varieties to the list of rust-resistant *Berberis* species or cultivars in the black stem rust quarantine and regulations. The direct final rule was published in the *Federal Register* on June 12, 2007 (72 FR 32165-32167, Docket No. APHIS-2007-0072) and became effective on August 13, 2007.

**DATES:**

*Effective Date:* December 20, 2007.

**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:**

In a direct final rule published in the *Federal Register* on June 12, 2007 (72 FR 32165-32167, Docket No. APHIS-2007-0072) and effective on August 13, 2007, we amended the black stem rust quarantine and regulations in 7 CFR part 301 by adding four varieties to the list of rust-resistant *Berberis* species or cultivars in § 301.38-2 of the regulations.

In the amendatory instructions we stated that we were amending paragraph (b) of § 301.38-2 in order to add the four varieties to the list of rust-resistant *Berberis* species or cultivars. However, this was incorrect. We should have stated that we were amending paragraph (a)(1) of § 301.38-2. This document corrects that error.

**List of Subjects in 7 CFR Part 301**

Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation.

**7 CFR Part 301**

Accordingly, 7 CFR part 301 is amended 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 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).

**7 CFR Part 301**

2. In § 301.38-2, paragraph (a)(1) is amended by adding, in alphabetical order, the following rust-resistant *Berberis* species:

§ 301.38-2

(a) * * *

(1) * * *

*B. thunbergii atropurpurea* ‘Moretti Select'

*B. thunbergii* ‘Fireball'

*B. thunbergii* ‘Orange Rocket'

*B. thunbergii* ‘Sparkler'

Done in Washington, DC, this 14th day of December 2007.

Kevin Shea,

Acting Administrator, Animal and Plant Health Inspection Service.