Section 301.38-2 - Regulated articles(b)Berberis, Mahoberberis, and Mahonia. 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, are regulated articles.(c)Process for adding rust-resistant regulated articles - (1)Normal process.(ii) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the FEDERAL REGISTER designating the article as a rust-resistant regulated article for black stem rust and listing it.(2)Requested process. A person may request that an additional rust-resistant variety be added to the list at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry. The person requesting that a rust-resistant variety be added to the list 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 varieties. If APHIS determines the variety should be added to the list, APHIS will propose to add it to the list pursuant to paragraph (c)(1) of this section. 87 FR 80004 , Dec. 29, 2022, as amended at 89 FR 23501 , Apr. 4, 2024 81 FR 3702 , 1/22/2016; 82 FR 41826 , 11/6/2017; 87 FR 80004 , 1/30/2023; as amended at 89 FR 23501 , 4/4/2024 Approved by the Office of Management and Budget under control number 0579-0186