Federal Register Agriculture Archive: 7 CFR Parts 300, 301, 302

7 CFR Parts 300, 301, 302, 318, 319, 322, 330, 340, 351, 352, 353,

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[Federal Register: April 27, 2001 (Volume 66, Number 82)]
[Rules and Regulations]
[Page 21049-21064]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Parts 300, 301, 302, 318, 319, 322, 330, 340, 351, 352, 353,
354, 355, 356, 360, 361, 371, 372, 380

9 CFR Parts 1, 2, 3, 11, 49, 50, 51, 52, 53, 54, 70, 71, 72, 73,
74, 75, 77, 79, 80, 82, 85, 89, 91, 92, 94, 95, 96, 97, 98, 99,
101, 102, 103, 104, 105, 106, 107, 108, 109, 112, 113, 114, 115,
116, 117, 118, 122, 123, 124, 145, 147, 151, 156, 160, 161, 162,
166, 167

[Docket No. 00-063-2]
Plant Protection Act; Revisions to Authority Citations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations in title 7, chapter III, and
title 9, chapter I, to reflect the enactment of the Plant Protection
Act (Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772) in our lists
of legal authorities. We are also removing or revising citations and
references to plant protection and quarantine statutes that were
repealed as a result of the enactment of this law. In addition, we are
updating the authority citations throughout our regulations in titles 7
and 9, where appropriate, to remove duplicative or outdated citations
and to reflect recent changes to the internal organization, functions,
and delegations of authority within the Animal and Plant Health
Inspection Service. We are also making other nonsubstantive editorial
changes in the regulations for the sake of clarity.

EFFECTIVE DATE: April 27, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Howard, Chief, Regulatory
Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road Unit
118, Riverdale, MD 20737-1238, (301) 734-5957.

SUPPLEMENTARY INFORMATION:

Background

    In a final rule published in the Federal Register on August 14,
2000 (65 FR 49471-49472, Docket No. 00-063-1), the Secretary of
Agriculture delegated to the Animal and Plant Health Inspection Service
(APHIS) the authority to carry out title IV of the Agricultural Risk
Protection Act of 2000, known as the Plant Protection Act (PPA ) (Title
IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). In that final
rule, we also stated our intent to further amend titles 7 and 9 of the
Code of Federal Regulations (referred to below as the regulations) in a
separate rulemaking action to reflect the PPA in our lists of legal
authorities and to make any other changes deemed necessary as a result
of the enactment of that law. Accordingly, we are now amending the
regulations to reference the PPA in the authority citations, and we are
removing references to statutes that were repealed upon enactment of
the PPA.
    The PPA repealed the following statutes:
    1. The Plant Quarantine Act (7 U.S.C. 151-164a, 167);
    2. The Federal Plant Pest Act (7 U.S.C. 150aa et seq., 7 U.S.C.
147a note);
    3. Parts of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2802
through 2813). Section 1 and section 15 of the Federal Noxious Weed Act
were not repealed (7 U.S.C. 2801 note; 7 U.S.C. 2814);
    4. The Mexican Border Act (7 U.S.C. 149);
    5. The Insect Control Act (7 U.S.C. 148 et seq.);

[[Page 21050]]

    6. The Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.);
    7. The Golden Nematode Act (7 U.S.C. 150 et seq.);
    8. Section 1773 of the Food Security Act of 1985 (7 U.S.C. 148f);
and
    9. Subsections (a) through (e) of section 102 of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 147a).
    In addition, the PPA amended 7 U.S.C. 147b, which concerns
emergency transfer authority, by removing ``plant pests or'' and
references to 7 U.S.C. 147a. As a result, this section no longer
pertains to plant health, but only to animal health.
    In this document we are also making other changes to the
regulations, not related to enactment of the PPA. We are:
    1. Removing from the regulations several outdated or extraneous
authority citations;
    2. Amending APHIS' internal organization, functions, and
delegations of authority to add a citation to the statute that
authorizes APHIS to be reimbursed for overtime salaries paid for
inspection or quarantine services;
    3. Revising authority citations throughout the regulations to
reflect changes in APHIS' internal organization, functions, and
delegations of authority. These internal Agency changes were set forth
in a final rule published in the Federal Register on January 10, 2000
(65 FR 1298-1302, Docket No. 97-025-1);
    4. Making nonsubstantive changes to the regulations to update the
names and unit numbers of various APHIS program staffs and to correct
an address that referred to the Agency's previous location in
Hyattsville, MD;
    5. Updating, where appropriate, the names of countries that appear
in the regulations; and
    6. Making nonsubstantive editorial changes to enhance the clarity
and usefulness of the regulations.
    This rule relates to internal agency management. Therefore, this
rule is exempt from the provisions of Executive Order 12866 and 12988.
Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and
opportunity for comment are not required for this rule, and it may be
made effective less than 30 days after publication in the Federal
Register. In addition, under 5 U.S.C. 804, this rule is not subject to
congressional review under the Small Business Regulatory Enforcement
Fairness Act of 1996, Pub. L. 104-121. Finally, this action is not a
rule as defined by 5 U.S.C. 601 et seq., the Regulatory Flexibility
Act, and thus is exempt from the provisions of that Act.

List of Subjects

7 CFR Part 301

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

7 CFR Part 318

Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.

7 CFR Parts 319, 330, 340, 351, and 352

Administrative practice and procedure, Bee, Biotechnology, Coffee,
Cotton, Customs duties and inspection, Fruits, Genetic engineering,
Honey, Imports, Logs, Nursery Stock, Packaging and containers, Plant
diseases and pests, Postal Service, Quarantine, Reporting and
recordkeeping requirements, Rice, Transportation, Vegetables.

7 CFR Parts 353, 354, 355, and 360

Endangered and threatened species, Exports, Government employees,
Imports, Law enforcement, Plant diseases and pests, Plants
(Agriculture), Quarantine, Reporting and recordkeeping requirements,
Transportation, Travel and transportation expenses, Weeds.

7 CFR Parts 371 and 380

Administrative practice and procedure, Authority delegations
(Government agencies), Organization and functions (Government
agencies).

9 CFR Parts 50, 51, 54, 72, 75, 79, 82, 85

Animal diseases, Bison, Cattle, Goats, Hogs, Horses, Indemnity
payments, Livestock, Poultry and poultry products, Quarantine,
Reporting and recordkeeping requirements, Scrapie, Sheep,
Transportation, Tuberculosis.

9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.

Accordingly, we are amending 7 CFR parts 300, 301, 302, 318, 319,
322, 330, 340, 351, 352, 353, 354, 355, 356, 360, 361, 371, 372, and
380, and 9 CFR parts 1, 2, 3, 11, 49, 50, 51, 52, 53, 54, 70, 71, 72,
73, 74, 75, 77, 79, 80, 82, 85, 89, 91, 92, 94, 95, 96, 97, 98, 99,
101, 102, 103, 104, 105, 106, 107, 108, 109, 112, 113, 114, 115, 116,
117, 118, 122, 123, 124, 145, 147, 151, 156, 160, 161, 162, 166, and
167 as follows:

TITLE 7--AGRICULTURE

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 is revised to read as
follows:

Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

PART 301--DOMESTIC QUARANTINE NOTICES

2. The authority citation for part 301 is revised 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 and Sec. 203, Title II, Pub. L. 106-
224, 114 Stat. 400.

Subpart--Black Stem Rust

Sec. 301.38 [Amended]

3. In Sec. 301.38, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 10 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff)'' and
adding in their place the words ``sections 414 and 421 of the Plant
Protection Act (7 U.S.C. 7714 and 7731)''.

Subpart--Gypsy Moth

Sec. 301.45 [Amended]

4. In Sec. 301.45, paragraph (a) is amended by removing the words
``sections 8 and 9 of the Plant Quarantine Act of August 20, 1912, as
amended, and sections 105 and 106 of the Federal Plant Pest Act (7
U.S.C. 161, 162, 150dd, 150ee)'' and adding in their place the words
``sections 411, 412, 414, 431, and 434 of the Plant Protection Act (7
U.S.C. 7711, 7712, 7714, 7751, and 7754)''.

Sec. 301.45-9 [Amended]

5. Section 301.45-9 is amended by removing the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd)'' and adding in their place the
words ``sections 414, 421, and 434 of the Plant Protection Act (7
U.S.C. 7714, 7731, and 7754)''.

Subpart--Japanese Beetle

Sec. 301.48 [Amended]

6. In Sec. 301.48, paragraph (a) is amended by removing the words
``sections 8 and 9 of the Plant Quarantine Act of August 20, 1912, as
amended, and section 106 of the Federal Plant Pest Act (7 U.S.C. 161,
162, and

[[Page 21051]]

150ee)'' and adding in their place the words ``sections 411, 412, 414,
431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
7751, and 7754)''.

Sec. 301.48-5 [Amended]

7. Section 301.48-5 is amended by removing the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd)'' and adding in their place the
words ``sections 414, 421, and 434 of the Plant Protection Act (7
U.S.C. 7714, 7731, and 7754)''.

Subpart--Pine Shoot Beetle

Sec. 301.50 [Amended]

8. In Sec. 301.50, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff)'' and
adding in their place the words ``sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)''.

9. Section 301.50-5 is amended by revising paragraph (a)(3),
including footnote 4, and paragraph (b)(2) to read as follows:

Sec. 301.50-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(3) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the pine
shoot beetle; and
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\4\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of the pine shoot
beetle; and
* * * * *

Subpart--Asian Longhorned Beetle

10. Section 301.51-5 is amended by revising paragraph (a)(2),
including footnote 2, and paragraph (b)(2) to read as follows:.

Sec. 301.51-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(2) Is to be moved in compliance with any additional conditions
deemed necessary under section 414 of the Plant Protection Act (7
U.S.C. 7714) \2\ to prevent the artificial spread of the Asian
longhorned beetle; and
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\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) It is to be moved in compliance with any additional conditions
that the Administrator may impose under section 414 of the Plant
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the
Asian longhorned beetle; and
* * * * *

Subpart--Pink Bollworm

Sec. 301.52-8 [Amended]

11. Section 301.52-8 is amended by removing the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the
Plant Pest Act (7 U.S.C. 150dd)'' and adding in their place the words
``sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C.
7714, 7731, and 7754)''.

Subpart--Mexican Fruit Fly Quarantine and Regulations

Sec. 301.64 [Amended]

12. In Sec. 301.64, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff)'' and
adding in their place the words ``sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)''.

13. In Sec. 301.64-1, the definition of Plant Protection and
Quarantine is revised to read as follows:

Sec. 301.64-1 Definitions.

14. In Sec. 301.64-5, paragraphs (a)(2) and (b)(2), including
footnote 5, are revised to read as follows:

Sec. 301.64-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(2) Determines that it is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of the Mexican
fruit fly; \5\ and
---------------------------------------------------------------------------

\5\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) Determines that it is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of the Mexican
fruit fly; \5\ and
* * * * *

Subpart--Plum Pox

Sec. 301.74 [Amended]

15. In Sec. 301.74, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd and 150ff)''
and adding in their place the words ``sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)''.

Subpart--Mediterranean Fruit Fly

Sec. 301.78 [Amended]

16. In Sec. 301.78, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff)'' and
adding in their place the words ``sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)''.

17. Section 301.78-5 is amended by revising paragraph (a)(3),
including footnote 4, and paragraph (b)(2) to read as follows:

Sec. 301.78-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(3) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \4\ to

[[Page 21052]]

prevent the spread of the Mediterranean fruit fly; and
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\4\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) The regulated article is to be moved in compliance with any
additional conditions the Administrator may impose under section 414 of
the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the
Mediterranean fruit fly; and
* * * * *

Subpart--Witchweed

18. In Sec. 301.80, paragraph (a) is revised to read as follows:

Sec. 301.80 Quarantine; restriction on interstate movement of
specified regulated articles.

(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture quarantines the States of North
Carolina and South Carolina in order to prevent the spread of witchweed
(Striga spp.), a parasitic plant that causes a dangerous disease of
corn, sorghum, and other crops of the grass family and is not widely
prevalent or distributed within and throughout the United States.
Through the aforementioned authorities, the Secretary imposes a
quarantine on the States of North Carolina and South Carolina with
respect to the interstate movement from those States of articles
described in paragraph (b) of this section, issues regulations in this
subpart governing the movement of such articles, and gives notice of
this quarantine action.
* * * * *

19. In Sec. 301.80-1, the paragraph designations are removed and
the definition of Plant Protection and Quarantine Programs is revised
to read as follows:

Sec. 301.80-1 Definitions.

* * * * *
Plant Protection and Quarantine Programs. The organizational unit
with the Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Protection Act and related legislation, quarantines, and
regulations.
* * * * *

Sec. 301.80-8 [Amended]

20. Section 301.80-8 is amended by removing the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd)'' and adding in their place the
words ``sections 414, 421, and 434 of the Plant Protection Act (7
U.S.C. 7714, 7731, and 7754)''.

Subpart--Imported Fire Ant

21. Section 301.81-5 is amended by revising paragraph (a)(2),
including footnote 5, and paragraph (b)(2) to read as follows:

Sec. 301.81-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(2) Is to be moved interstate in compliance with any additional
conditions deemed necessary under section 414 of the Plant Protection
Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; \5\
and
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\5\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) Is to be moved interstate in compliance with any conditions
that the Administrator may impose under section 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of the imported
fire ant; and
* * * * *

Subpart--Golden Nematode

22. In Sec. 301.85, paragraph (a) is revised to read as follows:

Sec. 301.85 Quarantine; restriction on interstate movement of
specified regulated articles.

(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture quarantines the State of New
York in order to prevent the spread of the golden nematode (Heterodera
rostochiensis), which causes a dangerous disease of potatoes and
certain other plants and is not widely prevalent or distributed within
and throughout the United States. Through the aforementioned
authorities, the Secretary imposes a quarantine on the State of New
York with respect to the interstate movement from that State of the
articles described in paragraph (b) of this section, issues regulations
in this subpart governing the movement of such articles, and gives
notice of this quarantine action.
* * * * *

23. In Sec. 301.85-1, the paragraph designations are removed and
the definition of Plant Protection and Quarantine Programs is revised
to read as follows:

Sec. 301.85-1 Definitions.

* * * * *
Plant Protection and Quarantine Programs. The organizational unit
within the Animal and Plant Health Inspection Service, U.S. Department
of Agriculture, delegated responsibility for enforcing provisions of
the Plant Protection Act and related legislation, quarantines, and
regulations.
* * * * *

Sec. 301.85-8 [Amended]

24. Section 301.85-8 is amended by removing the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd)'' and adding in their place the
words ``sections 414, 421, and 434 of the Plant Protection Act (7
U.S.C. 7714, 7731, and 7754)''.

Subpart--Sugarcane Diseases

    25. Section 301.87 is amended as follows:
    a. In the section heading, by revising footnote 1.
    b. By revising paragraph (a).
    The revisions read as follows:

Sec. 301.87 Quarantine; restrictions on interstate movement of
regulated articles.1 2
---------------------------------------------------------------------------

\1\ Any inspector is authorized to stop and inspect persons and
means of conveyance, and to hold, seize, quarantine, treat, apply
other remedial measures to, destroy, or otherwise dispose of plants,
plant pests, or other articles in accordance with sections 414, 421,
and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
\2\ Regulations concerning the movement of gummosis bacteria and
leaf scald bacteria in interstate or foreign commerce are contained
in part 330 of this chapter.
---------------------------------------------------------------------------

(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture quarantines Hawaii to prevent
the artificial spread of leaf scald disease and quarantines Puerto Rico
to prevent the artificial spread of gummosis disease and leaf scald
disease. The regulations in this subpart govern the interstate movement
from Hawaii and Puerto Rico of the regulated articles described in
Sec. 301.87-2.
* * * * *

26. In Sec. 301.87-1, the definition of Plant Protection and
Quarantine is revised to read as follows:

Sec. 301.87-1 Definitions.

* * * * *
Plant Protection and Quarantine. The organizational unit within the
Animal

[[Page 21053]]

and Plant Health Inspection Service, U.S. Department of Agriculture,
delegated responsibility for enforcing provisions of the Plant
Protection Act and related legislation, quarantines, and regulations.
* * * * *

27. In Sec. 301.87-5, paragraphs (a)(2) and (b)(2), including
footnote 6, are revised to read as follows:

Sec. 301.87-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(2) Determines that it is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \6\ to prevent the spread of sugarcane
diseases; and
---------------------------------------------------------------------------

\6\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) Determines that it is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714)6 to prevent the spread of sugarcane
diseases; and
* * * * *

Subpart--Karnal Bunt

28. Section 301.89-6 is amended by revising paragraph (a)(2),
including footnote 3, and paragraph (c)(2) to read as follows:

Sec. 301.89-6 Issuance of a certificate or limited permit.

(a) * * *
(2) Is to be moved in compliance with any conditions deemed
necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714)
\3\ to prevent the artificial spread of Karnal bunt; and
---------------------------------------------------------------------------

\3\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
431 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *
(c) * * *
(2) Is to be moved in compliance with any additional conditions the
Administrator may impose under section 414 of the Plant Protection Act
(7 U.S.C. 7714) to prevent the artificial spread of Karnal bunt; and
* * * * *

Subpart--European Larch Canker

Sec. 301.91 [Amended]

29. In the heading for Sec. 301.91, footnote 1 is amended by
removing the words ``section 10 of the Plant Quarantine Act (7 U.S.C.
164a) and sections 105 and 107 of the Federal Plant Pest Act (7 U.S.C.
150dd, 150ff)'' and adding in their place the words ``sections 414,
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and
7754)''.

30. In Sec. 301.91-1, the paragraph designations are removed and
the definition of Plant Protection and Quarantine is revised to read as
follows:

Sec. 301.91-1 Definitions.

31. In Sec. 301.91-5, paragraphs (a)(2) and (b)(2), including
footnote 3, are revised to read as follows:

Sec. 301.91-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(2) Determines that it is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European
larch canker; and
* * * * *
---------------------------------------------------------------------------

\3\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

(b) * * *
(2) Determines that it is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European
larch canker; and

Subpart--Oriental Fruit Fly

Sec. 301.93 [Amended]

32. In Sec. 301.93, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff)'' and
adding in their place the words ``sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)''.

33. In Sec. 301.93-5, paragraphs (a)(2) and (b)(2), including
footnote 4, are revised to read as follows:

Sec. 301.93-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(2) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the
Oriental fruit fly; and
---------------------------------------------------------------------------

(b) * * *
(2) The regulated article is to be moved interstate in compliance
with any additional conditions deemed necessary under section 414 of
the Plant Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of
the Oriental fruit fly; and
* * * * *

Subpart--Melon Fruit Fly

Sec. 301.97 [Amended]

34. In Sec. 301.97, footnote 1 is amended by removing the words
``section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections
105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd and 150ff)''
and adding in their place the words ``sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)''.

35. Section 301.97-5 is amended by revising paragraph (a)(3),
including footnote 5, and paragraph (b)(2) to read as follows:

Sec. 301.97-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(3) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \5\ to prevent spread of the melon fruit
fly; and
---------------------------------------------------------------------------

* * * * *
(b) * * *
(2) The regulated article is to be moved in compliance with any
additional conditions the Administrator may impose under section 414 of
the Plant Protection Act (7 U.S.C. 7714) to

[[Page 21054]]

prevent the spread of the melon fruit fly; and
* * * * *

PART 302--DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT
PRODUCTS

36. The authority citation for part 302 is revised to read as
follows:

Authority: 7 U.S.C. 7712, 7714, 7715, 7731, 7732, 7735, 7736,
7745, and 7754-7756; 7 CFR 2.22, 2.80, and 371.3.

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

37. The authority citation for part 318 is revised to read as
follows:

Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7
CFR 2.22, 2.80, and 371.3.

Subpart--Hawaiian Fruits and Vegetables

38. In Sec. 318.13, paragraph (a) is revised to read as follows:

Sec. 318.13 Notice of quarantine.

(a) Under the authority of sections 411, 412, 414, and 434 of the
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the State
of Hawaii is quarantined to prevent the spread of dangerous plant
diseases and pests, including the Mediterranean fruit fly (Ceratitis
capitata (Wied.)), the melon fly (Bactrocera cucurbitae Coq.), the
oriental fruit fly (Bactrocera dorsalis Hendl.), green coffee scale
(Coccus viridis (Green)), the bean pod borer (Maruca testulalis
(Geyer)), the bean butterfly (Lampides boeticus (L.)), the Asiatic rice
borer (Chilo suppressalis), the mango weevil (Sternochetus mangiferae
(F.)), the Chinese rose beetle (Adoretus sinicus Burm.), and a cactus
borer (Cactoblastis cactorum (Berg.)), which are new to or not known to
be widely prevalent or distributed within and throughout other States.
* * * * *

Sec. 318.13-12 [Amended]

39. In Sec. 318.13-12, paragraph (a) is amended by removing the
words ``Plant Quarantine Act'' and adding in their place the words
``Plant Protection Act''.

Subpart--Sweetpotatoes

40. In Sec. 318.30, paragraph (b) is revised to read as follows:

Sec. 318.30 Notice of quarantine.

* * * * *
(b) Under the authority of sections 411, 412, 414, and 434 of the
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii,
Puerto Rico, and the Virgin Islands of the United States are
quarantined to prevent the spread of the sweetpotato scarabee (Euscepes
postfasciatus Fairm.) and the sweetpotato stem borer (Omphisa
anastomosalis Guen.).
* * * * *

Subpart--Territorial Cotton, Cottonseed, and Cottonseed Products

41. In Sec. 318.47, paragraph (b) is revised to read as follows:

Sec. 318.47 Notice of quarantine.

Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands

42. In Sec. 318.58, paragraph (a) is revised to read as follows:

Sec. 318.58 Notice of quarantine.

(a) Under the authority of sections 411, 412, 414, and 434 of the
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Puerto Rico
and the Virgin Islands of the United States are quarantined to prevent
the spread of certain dangerous insects that are not widely prevalent
or distributed within and throughout the United States, including the
fruit flies Anastrepha suspensa (Loew) and A. mombinpraeoptans Sein;
the bean pod borer Maruca testulalis (Geyer); and a cactus borer,
Cactoblastis cactorum (Berg.).
* * * * *

Subpart--Sand, Soil, or Earth, with Plants from Territories and
Districts

43. In Sec. 318.60, paragraph (b) is revised to read as follows:

Sec. 318.60 Notice of quarantine.

Subpart--Guam

44. In Sec. 318.82, paragraph (a) is revised to read as follows:

Sec. 318.82 Notice of quarantine.

(a) Under the authority of sections 411, 412, 414, and 434 of the
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Guam is
quarantined to prevent the spread of dangerous plant pest and diseases
that are new to or not widely prevalent or distributed within and
throughout the United States. Such plant pests and diseases include:
Icerya aegyptiaca (Dougl.), Xanthomonas citri (Hasse) Dowson,
Aleurocanthus spiniferus (Q.), Phyllocnistis citrella (Stainton),
Coccus viridis (Green), Anomala sulcatula Burm., Furcaspis oceanica
Ldgr., Stephanoderes hampei (Ferr.), Pectinophora scutigera (Holdaway),
Bactrocera dorsalis Hend., Bactrocera cucurbitae (Coq.), Maruca
testulalis (Geyer), Lampides boeticus (L.), Prays endocarpa Meyr.,
Prodenia litura (F.), Euscepes postfasciatus (Fairm.), Earias fabia
(Stoll), Elsinoe batatas (Saw.) Viegas and Jenkins, Uredo dioscoreae-
alatae Rac., Cercospora batatae Zimm., Coniothyrium sp., Phyllosticta
colocasiophila Weed., Xanthomonas vasculorum (Cobb) Dowson,
Rhabdoscelus obscurus (Boisd.), Neomaskellia bergeii (Sign.), Pyrausta
nubilalis (Hbn.), Physoderma zeaemaydis Shaw, Leptocorisa acuta
(Thunb.), Adoretus sinicus Burm., and Holotrichia mindanaona Brenske.
The regulations in this subpart govern the movement of carriers of
these pests.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

45. The authority citation for part 319 is revised to read as
follows:

Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

Subpart--Foreign Cotton and Covers

    46. Section 319.8 is amended as follows:
    a. In the first sentence, by removing the words ``sections 5 and 7
of the Plant Quarantine Act of 1912, as amended (7 U.S.C. 159, 160)''
and adding in their place the words ``sections 411-414 and 434 of the
Plant Protection Act (7 U.S.C. 7711-7714 and 7754)''.
    b. In the second sentence, by removing the words ``the provisions
of sections 1, 2, 3, and 4 of said Plant Quarantine Act (7 U.S.C. 154,
156, 157, and 158):'' and adding in their place the

[[Page 21055]]

words ``sections 411-414, 421, and 434 of the Plant Protection Act (7
U.S.C. 7711-7714, 7731, and 7754).''

47. In Sec. 319.8-1, the paragraph designations are removed, the
defined terms are placed in alphabetical order, and the definition of
Inspector is revised to read as follows:

Sec. 319.8-1 Definitions.

* * * * *
Inspector. A properly identified employee of the U.S. Department of
Agriculture or other person authorized to enforce the provisions of the
Plant Protection Act.
* * * * *

Secs. 319.8-2, 319.8-4, and 319.8-5 [Amended]

48. At the end of Secs. 319.8-2, 319.8-4, and 319.8-5, the
statutory authority citation ``(44 U.S.C. 35)'' is removed.

Sec. 319.8-26 [Amended]

49. Section 319.8-26 is amended by removing the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a)'' and adding in their place
the words ``sections 414 and 421 of the Plant Protection Act (7 U.S.C.
7714 and 7731)''.

Subpart--Sugarcane

50. In Sec. 319.15, paragraph (a) is revised to read as follows:

Sec. 319.15 Notice of quarantine.

(a) The importation into the United States of sugarcane and its
related products, including cuttings, canes, leaves, and bagasse, from
all foreign countries and localities is prohibited, except for
importations by the U.S. Department of Agriculture for scientific or
experimental purposes and importations authorized under a permit issued
by the Department specifying conditions under which the materials have
been or are to be subjected to mitigate any pest risk.
* * * * *

Subpart--Corn Diseases

51. In Sec. 319.24, paragraph (b) is revised to read as follows:

Sec. 319.24 Notice of quarantine.

* * * * *
(b) Except as otherwise provided in this subpart, the importation
into the United States of raw or unmanufactured corn seed and all other
portions of Indian corn or maize and related plants, including all
species of teosinte (Euchlaena), jobs-tears (Coix), Polytoca,
Chionachne, and Sclerachne, from southeastern Asia (including India,
Indochina, and the People's Republic of China), Malayan Archipelago,
Australia, New Zealand, Oceania, Philippine Islands, Manchuria, Japan,
and adjacent islands is prohibited. However, this prohibition does not
apply to importations of such items by the U.S. Department of
Agriculture for scientific or experimental purposes. And further, when
the public interests will permit, the Deputy Administrator of the Plant
Protection and Quarantine Programs may, upon request in specific cases,
authorize such importations into Guam under conditions specified in the
permit that are less stringent than those contained in this subpart.
* * * * *

Secs. 319.24-1, 319.24-3, and 319.24-4 [Amended]

52. At the end of Secs. 319.24-1, 319.24-3, and 319.24-4, the
statutory authority citation ``(44 U.S.C. 35)'' is removed.

Subpart--Citrus Fruit

53. In Sec. 319.28, paragraph (a) is revised to read as follows:

Sec. 319.28 Notice of quarantine.

    (a)(1) To prevent the introduction into the United States of citrus
canker disease Xanthomonas campestris pv. citri (Hasse) Dye, the
importation of all fruits and peel of all genera, species, and
varieties of the subfamilies Aurantioideae, Rutoideae, and
Toddalioideae of the botanical family Rutaceae from eastern and
southeastern Asia (including India, Myanmar, Sri Lanka, Thailand,
Indochina, and the People's Republic of China); the Malay Archipelago;
the Philippine Islands; Oceania (except Australia and Tasmania); Japan
and adjacent islands; the Republic of Korea; Mauritius; Seychelles;
Argentina (except for the States of Catamarca, Jujuy, Salta, and
Tucuman, which are considered free of citrus canker); Brazil; and
Paraguay is prohibited.
    (2) To prevent the introduction into the United States of sweet
orange scab (Elsinoe australis Bitanc. and Jenkins), the importation of
fruits and peel of all species and varieties of the genus Citrus,
including Citrus aurantifolia (Christm.) Swingle, C. aurantium L., C.
hystrix DC., C. limon (L.) Burm. f., C. paradisi Macf., C. reticulata
Blanco, C. sinensis (L.) Osbeck, and Fortunella margarita (Lour.)
Swingle, from Argentina (except as provided by Sec. 319.56-2f of this
part), Brazil, Paraguay, and Uruguay is prohibited.
    (3) To prevent the introduction into the United States of the
bacterial disease ``Cancrosis B,'' the importation of fruits and peel
of all species and varieties of the genus Citrus, including those
indicated in the previous paragraph, is prohibited from Argentina
(except for the States of Catamarca, Jujuy, Salta, and Tucuman, which
are considered free of Cancrosis B), Paraguay, and Uruguay. Seeds and
processed peel of fruits designated in this section are excluded from
this prohibition. Such seeds, however, are subject to the requirements
of Secs. 319.37 through 319.37-27.
* * * * *

Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products

54. In Sec. 319.37-1, the definition of Plant Protection and
Quarantine Programs is revised to read as follows:

Sec. 319.37-1 Definitions.

    55. Section 319.37-3 is amended as follows:
    a. By revising paragraphs (c) and (f), including footnote 5.
    b. By removing the statutory authority citation ``(44 U.S.C. 35)''
at the end of the section.
    The revisions read as follows:
* * * * *

Sec. 319.37-3 Permits.

* * * * *
(c) A permit indicating the applicable conditions for importation
under this subpart will be issued by Plant Protection and Quarantine
Programs if, after review of the application, the articles are deemed
eligible to be imported into the United States under the conditions
specified in the permit. However, even if such a permit is issued, the
regulated article may be imported only if all applicable requirements
of this subpart are met and only if an inspector at the port of entry
determines that no remedial measures pursuant to the Plant Protection
Act are necessary with respect to the regulated article.\5\
---------------------------------------------------------------------------

* * * * *

[[Page 21056]]

(f) An oral permit for importation of an article shall be issued at
a port of entry by an inspector only if all applicable requirements of
this subpart are met, such article is eligible to be imported under an
oral permit, and an inspector at the port of entry determines that no
measures pursuant to section 414 of the Plant Protection Act (7 U.S.C.
7714) are necessary with respect to such article.\5\
* * * * *

Sec. 319.37-5 [Amended]

56. At the end of Sec. 319.37-5, the statutory authority citation
``(44 U.S.C. 35)'' is removed.

Sec. 319.37-7 [Amended]

    57. Section 319.37-7 is amended as follows:
    a. In paragraph (f)(4), by removing the words ``7 U.S.C. 150gg and
163'' and adding in their place the words ``7 U.S.C. 7734''.
    b. At the end of the section, by removing the statutory authority
citation ``(44 U.S.C. 35)''.

Sec. 319.37-8 [Amended]

58. At the end of Sec. 319.37-8, the statutory authority citation
beginning with the words ``(Secs. 1, 5 and 9,'' and ending with the
words ``38 FR 19141)'' is removed.

Secs. 319.37-10 and 319.37-11 [Amended]

59. At the end of Secs. 319.37-10 and 319.37-11, the statutory
authority citation ``(44 U.S.C. 35)'' is removed.

Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles

60. In Sec. 319.40-4, paragraph (c), including footnote 2, is
revised to read as follows:

Sec. 319.40-4 Application for a permit to import regulated articles;
issuance and withdrawal of permits.

* * * * *
(c) Permit does not guarantee eligibility for import. Even if a
permit has been issued for the importation of a regulated article, the
regulated article may be imported only if all applicable requirements
of this subpart are met and only if an inspector at the port of first
arrival determines that no remedial measures are necessary pursuant to
the Plant Protection Act with respect to the regulated article.\2\
---------------------------------------------------------------------------

\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

* * * * *

Sec. 319.40-9 [Amended]

61. In Sec. 319.40-9, paragraph (a)(4)(i), footnote 3 is amended by
removing the words ``Noxious Weed Act'' and adding in their place the
words ``the noxious weed''.

Subpart--Indian Corn or Maize, Broomcorn, and Related Plants

62. In Sec. 319.41, paragraphs (b) and (c) are revised to read as
follows:

Sec. 319.41 Notice of quarantine.

* * * * *
(b) To prevent the introduction of these plant pests, the following
articles may not be imported into the United States except in
accordance with this subpart: The raw or unmanufactured stalk and all
other parts of Indian corn or maize (Zea mays L.), broomcorn
(Andropogon sorghum var. technicus), sweet sorghums (Andropogon
sorghum), grain sorghums (Andropogon sorghum), Sudan grass (Andropogon
sorghum sudanensis), Johnson grass (Andropogon halepensis), sugarcane
(Saccharum officinarum), including Japanese varieties, pearl millet
(Pennisetum glaucum), napier grass (Pennisetum purpureum), teosinte
(Euchlaena luxurians), and jobs-tears (Coix lachryma-Jobi).
(c) When the public interests will permit, the Deputy Administrator
of the Plant Protection and Quarantine Programs may, upon request in
specific cases, authorize such importations into Guam under conditions
specified in the permit that are less stringent than those contained in
this subpart.
* * * * *

Secs. 319.41-2, 319.41-4, and 319.41-6 [Amended]

63. At the end of Secs. 319.41-2, 319.41-4, and 319.41-6, the
statutory authority citation ``(44 U.S.C. 35)'' is removed.

Subpart--Rice

64. In Sec. 319.55, paragraphs (b) and (c) are revised to read as
follows:

Sec. 319.55 Notice of quarantine.

* * * * *
(b) To prevent the introduction into the United States of the plant
pests and diseases indicated above, the Secretary has determined that
it is necessary to prohibit the importation into the United States of
seed or paddy rice from all foreign locations except the Republic of
Mexico and to restrict the importation of seed or paddy rice, rice
straw, and rice hulls from the Republic of Mexico and all other foreign
locations, except as otherwise provided in this subpart.
(c) When the public interests will permit, the Deputy Administrator
of the Plant Protection and Quarantine Programs may, upon request in
specific cases, authorize such importations into Guam under conditions
specified in the permit that are less stringent than those contained in
this subpart.
* * * * *

Secs. 319.55-2, 319.55-5, and 319.55-7 [Amended]

65. At the end of Secs. 319.55-2, 319.55-5, and 319.55-7, the
statutory authority citation ``(44 U.S.C. 35)'' is removed.

Subpart--Fruits and Vegetables

66. In Sec. 319.56, paragraphs (b) and (c) are revised to read as
follows:

Sec. 319.56 Notice of quarantine.

* * * * *
(b) To prevent the introduction into the United States of the
aforementioned injurious insects, the Secretary has determined that it
is necessary to prohibit the importation into the United States of
fruits and vegetables, and the plants or portions of plants used as
packing material for such fruits and vegetables, except as otherwise
provided in this subpart.
(c) When the public interests will permit, the Deputy Administrator
of the Plant Protection and Quarantine Programs may, upon request in
specific cases, authorize such importations into Guam under conditions
specified in the permit that are less stringent than those contained in
this subpart.
* * * * *

Sec. 319.56-2j [Amended]

67. At the end of Sec. 319.56-2j, the statutory authority citation
beginning with the words ``(Secs. 5 and 9,'' and ending with the words
``38 FR 19141)'' is removed.

Secs. 319.56-3 and 319.56-5 [Amended]

68. At the end of Secs. 319.56-3 and 319.56-5, the statutory
authority citation ``(44 U.S.C. 35)'' is removed.

Subpart--Wheat Diseases

    69. At the beginning of the subpart, the statutory authority
citation for ``Subpart Wheat--Diseases'' is removed.
    70. Section 319.59 is amended as follows:
    a. By revising paragraph (a).
    b. In paragraph (b), by revising the last sentence.

[[Page 21057]]

The revisions read as follows:

Sec. 319.59 Prohibitions on importation; disposal of articles refused
importation.

(a) To prevent the introduction into the United States of foreign
strains of flag smut and Karnal bunt, the importation of the articles
designated in Sec. 319.59-2(a) and (b) may not be imported into the
United States except as provided in Sec. 319.59-2(c).
(b) * * * If the article is not promptly safeguarded, removed from
the United States, or destroyed as deemed necessary by an inspector at
the expense of the importer, it may be seized, destroyed, or otherwise
disposed of in accordance with section 414 of the Plant Protection Act
(7 U.S.C. 7714).

71. In Sec. 319.59-1, the definition of Plant Protection and
Quarantine is revised to read as follows:

Sec. 319.59-1 Definitions.

Subpart--Khapra Beetle

72.-73. In Sec. 319.75, paragraph (b), the last sentence is revised
to read as follows:

Sec. 319.75 Restrictions on importation of restricted articles;
disposal of articles refused importation.

* * * * *
(b) * * * If the article is not promptly safeguarded, removed from
the United States, or abandoned by the importer for destruction, it may
be seized, destroyed, or otherwise disposed of in accordance with
section 414 of the Plant Protection Act (7 U.S.C. 7714).
* * * * *

74. In Sec. 319.75-1, the definition of Plant Protection and
Quarantine is revised to read as follows:

Sec. 319.75-1 Definitions.

* * * * *
    Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Protection Act and related legislation, quarantines, and
regulations.
* * * * *
    75. Section 319.75-3 is amended as follows:
    a. By revising paragraph (c), including footnote 5.
    b. By removing the statutory authority citation ``(44 U.S.C. 35)''
at the end of the section.
    The revisions read as follows:

Sec. 319.75-3 Permits.

* * * * *
(c) A permit indicating the applicable conditions for importation
under this subpart will be issued by Plant Protection and Quarantine
Programs if, after review of the application, the articles are deemed
eligible to be imported into the United States under the conditions
specified in the permit. However, even if such a permit is issued, the
regulated article may be imported only if all applicable requirements
of this subpart are met and only if an inspector at the port of entry
determines that no remedial measures pursuant to section 414 of the
Plant Protection Act (7 U.S.C. 7714) are necessary with respect to the
regulated article.\5\
---------------------------------------------------------------------------

* * * * *

Sec. 319.75-5 [Amended]

76. At the end of Sec. 319.75-5, the statutory authority citation
``(44 U.S.C. 35)'' is removed.

Sec. 319.75-6 [Amended]

77. At the end of Sec. 319.75-6, the statutory authority citation
``(44 U.S.C. 35)'' is removed.

Subpart--Exotic Bee Diseases and Parasites

78. In Sec. 319.76, paragraph (b), the second sentence is revised
to read as follows:

Sec. 319.76 Restrictions on importation of restricted articles;
disposal of articles refused importation.

* * * * *
(b) * * * If the article is not promptly safeguarded, removed from
the United States, or abandoned for destruction by the importer, it may
be seized, destroyed, or otherwise disposed of in accordance with
section 414 of the Plant Protection Act (7 U.S.C. 7714).
* * * * *

79. In Sec. 319.76-1, the definition of Plant Protection and
Quarantine is revised to read as follows:

Sec. 319.76-1 Definitions.

80. In Sec. 319.76-3, paragraph (c), including footnote 2, is
revised to read as follows:

Sec. 319.76-3 Permits.

* * * * *
(c) A permit indicating the applicable conditions for importation
under this subpart will be issued by Plant Protection and Quarantine
Programs if, after review of the application, the articles are deemed
eligible to be imported into the United States under the conditions
specified in the permit. However, even if such a permit is issued, the
regulated article may be imported only if all applicable requirements
of this subpart are met and only if an inspector at the port of entry
determines that no remedial measures pursuant to section 414 of the
Plant Protection Act (7 U.S.C. 7714) are necessary with respect to the
regulated article.\2\
---------------------------------------------------------------------------

* * * * *

Subpart--Gypsy Moth Host Material from Canada

Sec. 319.77-5 [Amended]

81. In Sec. 319.77-5, the second sentence, the words ``section 10
of the Plant Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of
the Federal Plant Pest Act (7 U.S.C. 150dd and 150ff)'' are removed,
and the words ``section 414 of the Plant Protection Act (7 U.S.C.
7714)'' are added in their place.

PART 322--HONEYBEES AND HONEYBEE SEMEN

82. The authority citation for part 322 is revised to read as
follows:

Authority: 7 U.S.C. 281; 7 CFR 2.22, 2.80, and 371.3.

[[Page 21058]]

PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS;
SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

83. The authority citation for part 330 is revised to read as
follows:

Authority: 7 U.S.C. 450, 2260, 7711, 7712, 7714, 7718, 7731,
7734, 7751, and 7754; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 136, and
136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and
371.3.

Subpart--General Provisions

    84. Section 330.100 is amended as follows:
    a. By revising the definition of Inspector.
    b. By removing the definitions for Plant Quarantine Act and The
Federal Plant Pest Act.
    c. By adding a new definition for Plant Protection Act, in
alphabetical order.
    The revision and addition read as follows:

Sec. 330.100 Definitions.

* * * * *
Inspector. A properly identified employee of the U.S. Department of
Agriculture or other person authorized by the Department to enforce the
provisions of the Plant Protection Act and related legislation,
quarantines, and regulations.
* * * * *
Plant Protection Act. Title IV of Public Law 106-224, 114 Stat.
438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000.
* * * * *

85. Section 330.102 is revised to read as follows:

Sec. 330.102 Basis for certain regulations.

Under the authority of the Plant Protection Act, the Secretary may
prohibit or restrict the importation, entry, exportation, or movement
in interstate commerce of any plant, plant product, biological control
organism, noxious weed, article (including baggage, mail, garbage,
earth, stone, and quarry products) or means of conveyance if such
actions are necessary to prevent the introduction into or the
dissemination within the United States of a plant pest or noxious weed.

Sec. 330.106 [Amended]

86. In Sec. 330.106, paragraph (a) is amended by removing the words
``Plant Quarantine Act'' and adding in their place the words ``Plant
Protection Act''.

Subpart--Movement of Plant Pests

Secs. 330.205, 330.207, and 330.208 [Amended]

87. Sections 330.205, 330.207, and 330.208 are amended by removing
the words ``Federal Plant Pest Act'' each time they appear and by
adding in their place the words ``Plant Protection Act''.

Sec. 330.210 [Amended]

88. Section 330.210 is amended by removing the words ``Plant
Quarantine Act'' and adding in their place the words ``Plant Protection
Act''.

89. In Sec. 330.211, the section heading and paragraph (c),
including footnote 2, are revised to read as follows:

Sec. 330.211 Labeling of plant pests for movement under permits.

* * * * *
(c) Misuse of labels. No labels unused in accordance with the terms
of the permit may be used for the movement of any other plant pest. The
Plant Protection Act provides for a penalty \2\ for the misuse of such
labels. Any unauthorized movement of plant pests under a label will be
refused by the inspector, and the plant pests may be destroyed or
otherwise dealt with as set forth in Sec. 330.106 if deemed necessary
as an emergency measure.
---------------------------------------------------------------------------

\2\ Section 424 of the Plant Protection Act (7 U.S.C. 7734)
provides that persons who violate this act, or who forge,
counterfeit or--without authority from the Secretary--use, alter,
deface, or destroy any certificate, permit or other document may,
after notice and opportunity for a hearing, be assessed a civil
penalty that does not exceed the greater of: (a) $50,000 for
individuals, except that the civil penalty may not exceed $1,000 in
the case of an initial violation by an individual moving regulated
articles not for monetary gain; $250,000 for any other person or
legal entity, such as partnerships, corporations, associations, or
joint ventures; and $500,000 for all violations adjudicated in a
single proceeding; or (b) twice the gross pecuniary gain derived
from or loss caused by any violation, forgery, counterfeiting,
unauthorized use, defacing, or destruction of a certificate, permit,
or other document provided for by this act. Section 424 of the Plant
Protection Act also provides penalties for criminal violations,
under which knowing violators of the act may be found guilty of a
misdemeanor and, upon conviction, fined in accordance with title 18
of the United States Code, imprisoned for a period not to exceed 1
year, or both.
---------------------------------------------------------------------------

Subpart--Garbage

90. In Sec. 330.400, paragraph (f) is revised to read as follows:

Sec. 330.400 Regulation of certain garbage.

* * * * *
    (f) Restrictions on regulated garbage.
    (1) Regulated garbage may not be disposed of, placed on, or removed
from a means of conveyance except in accordance with this part.
    (2) Regulated garbage is subject to general surveillance for
compliance with this section by Animal and Plant Health Inspection
Service inspectors and to disposal measures authorized by sections 414
and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731), section 2
of the Act of February 2, 1903, as amended (21 U.S.C. 111), and section
306 of the Act of July 17, 1930, as amended (19 U.S.C. 1306), to
prevent the introduction and dissemination of pests and diseases of
plants, livestock, and poultry.
* * * * *

PART 340--INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR
PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH
THERE IS REASON TO BELIEVE ARE PLANT PESTS

91. The authority citation for part 340 is revised to read as
follows:

Authority: 7 U.S.C. 166, 1622n, 7756, and 7761-7772; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.3.

92. In Sec. 340.0, footnotes 1 in paragraphs (a)(2) and 2 in
paragraph (b) are revised to read as follows:

Sec. 340.0 Restrictions on the introduction of regulated articles.

(a) * * *
(2) * * *\1\
---------------------------------------------------------------------------

\1\ Part 340 regulates, among other things, the introduction of
organisms and products altered or produced through genetic
engineering that are plant pests or are believed to be plant pests.
The introduction into the United States of such articles also may be
subject to other regulations promulgated under the Plant Protection
Act (7 U.S.C. 7701-7772) and found in 7 CFR parts 319, 330, and 360.
For example, under regulations promulgated in ``Subpart-Nursery
Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products'' (7
CFR 319.37-3), a permit is required for the importation of certain
classes of nursery stock whether such stock is genetically
engineered or not. Accordingly, individuals should refer to those
regulations before importing any nursery stock.
---------------------------------------------------------------------------

(b)(2) * * *\2\
---------------------------------------------------------------------------

\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 411, 412, 421,
and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7731, and
7754).
---------------------------------------------------------------------------

Sec. 340.3 [Amended]

93. In Sec. 340.3, paragraph (b)(1) is amended by removing the
words ``Federal Noxious Weed Act (7 U.S.C. 2809)'' and adding in their
place the words ``Plant Protection Act (7 U.S.C. 7712)''.

PART 351--IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL

94. The authority citation for part 351 is revised to read as
follows:

[[Page 21059]]

Authority: 7 U.S.C. 7711-7714, 7721, 7754, and 7755; 7 CFR 2.22,
2.80, and 371.3.

95. Section 351.1 is revised to read as follows:

Sec. 351.1 Joint treatment generally.

The entry into the United States of certain plants, plant products,
and soil is prohibited or restricted through various orders,
quarantines, and regulations promulgated by the Administrator of the
Animal and Plant Health Inspection Service (APHIS) under the authority
of the Plant Protection Act (7 U.S.C. 7701-7772). To assist in
enforcing the aforementioned orders, quarantines, and regulations, the
Plant Protection and Quarantine Programs of APHIS have made provisions
with the U.S. Postal and Customs Services to ensure closer inspection
of prohibited or restricted imported articles.

PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS

96. The citation for part 352 is revised to read as follows:

Authority: 7 U.S.C. 2260, 7711-7714, 7731, and 7734; 21 U.S.C.
136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    97. Section 352.1 is amended as follows:
    a. The paragraph designations for paragraphs (b)(1) through (b)(32)
are removed and the defined terms are placed in alphabetical order.
    b. The definitions for Plant Quarantine Act and The Federal Plant
Pest Act are removed.
    c. The definitions for Customs and Inspector are revised.
    d. A definition for Plant Protection Act is added in alphabetical
order.
    The revisions and addition read as follows:

Sec. 352.1 Definitions.

* * * * *
    (b) * * *
    Customs. The U.S. Customs Service, Department of the Treasury, or,
with reference to Guam, the Customs Office of the Government of Guam.
* * * * *
    Inspector. A properly identified employee of the U.S. Department of
Agriculture or other person authorized by the Department to enforce the
provisions of the Plant Protection Act and related legislation,
quarantines, and regulations.
* * * * *
    Plant Protection Act. Title IV of Public Law 106-224, 114 Stat.
438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000.
* * * * *

98. Section 352.2 is amended by revising paragraphs (a), (b), and
(c)(1) to read as follows:

Sec. 352.2 Purpose; relation to other regulations; applicability.

    (a) Importations of plants, plant products, plant pests, soil, and
other products and articles that may be infested or infected by or
contain plant pests or noxious weeds are exempt from the prohibitions
or restrictions contained in parts 319 and 330 of this chapter if they
meet one of the conditions in paragraphs (a)(1) through (a)(4) of this
section and are moved into the United States and handled in compliance
with this part. Provided: That these exemptions do not apply to cotton
and covers imported into the United States from any country for
exportation or transshipment and exportation or transportation and
exportation as provided in Secs. 319.8 through 319.8-26 of this
chapter. Moreover, the applicable provisions of Secs. 330.100 through
330.109 and 330.400 of this chapter also apply to products and articles
subject to this part.
    (1) They are brought in temporarily where loading and landing is
not intended;
    (2) They are unloaded or landed for transshipment and exportation;
    (3) They are unloaded or landed for transportation and exportation;
or
    (4) They are intended for unloading and entry at a port other than
the port of arrival.
    (b) Prohibited or restricted products and articles offered for and
refused entry into the United States under parts 319 or 330 of this
chapter are subject to the applicable provisions in this part regarding
their subsequent handling in this country.
    (c)(1) The provisions in this part apply whether the controls over
arrival, temporary stay, unloading, landing, transshipment and
exportation, or transportation and exportation, or other movement or
possession in the United States and Guam are maintained by entry or
other procedures of the U.S. Customs Service, Department of the
Treasury, or the Customs Office of the Government of Guam,
respectively. Such provisions will apply to arrivals in the United
States, including arrivals in a foreign trade zone in the United States
to which admission is sought in accordance with the Customs regulations
in 19 CFR chapter I. Prohibited or restricted products and articles
that have entered the United States, been exported pursuant to this
part, and returned to the United States are subject to the applicable
requirements of this part upon reentry.
* * * * *

99. In Sec. 352.3, paragraph (a) is revised to read as follows:

Sec. 352.3 Enforcement and administration.

(a) Plants, plant products, plant pests, soil, and other products
and articles subject to the regulations in this part that are unloaded,
landed, or otherwise brought or moved into or through the United States
in violation of this part may be seized, destroyed, or otherwise
disposed of in accordance with section 414 of the Plant Protection Act
(7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or
moves into or through the United States any regulated plants, plant
products, plant pests, soil, or other products or articles in violation
of this part will be subject to prosecution under the applicable
provisions of law.
* * * * *

Sec. 352.5 [Amended]

100. In Sec. 352.5, paragraph (d), is amended by removing the words
``319, 321,'' each time they appear and adding in their place the word
``319''.

Secs. 352.6 and 352.7 [Amended]

101. At the end of Secs. 352.6 and 352.7, the statutory authority
citation ``(44 U.S.C. 35)'' is removed.

Sec. 352.10 [Amended]

102. In Sec. 352.10, paragraph (a), the third sentence; paragraph
(b)(1), the second-to-last sentence; and paragraph (b)(2), the second
sentence, are amended by removing the words ``319, 321,'' each time
they appear and adding in their place the word ``319''.

Sec. 352.13 [Amended]

103. In Sec. 352.13, the first sentence is amended by removing the
words ``319, 321,'' and adding in their place the word ``319''.

PART 353--EXPORT CERTIFICATION

104. The authority citation for part 353 is revised to read as
follows:

Authority: 7 U.S.C. 7711, 7712, 7718, 7751, and 7754; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

105. In Sec. 353.1, the definition of The Act is revised to read as
follows:

Sec. 353.1 Definitions.

* * * * *
The Act. Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C.
7701-7772, which was enacted June 20, 2000.

[[Page 21060]]

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES

106. The authority citation for part 354 is revised to read as
follows:

Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C.
1741; 7 CFR 2.22, 2.80, and 371.3.

Sec. 354.1 [Amended]

107. Section 354.1 is amended by removing the statutory authority
citation ``(64 Stat. 561 (7 U.S.C. 2260) and sec. 15, Pub. L. 94-353
(49 U.S.C. 1741))'' at the end of the section.

Sec. 354.3 [Amended]

108. In Sec. 354.3, paragraph (a), the definition of Designated
State or county inspector is amended by removing the words ``Department
of Agriculture Organic Act of 1944'' and adding in their place the
words ``Plant Protection Act''.

PART 355--ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL
PLANTS

109. Part 355 is amended as follows:
a. By revising the authority citation to read as follows.

Authority: 16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and
371.3.

b. In the part heading, by removing footnotes 1 and 2 and the
references to them.

Subpart--Purpose and Definitions

110. Section 355.1 is revised to read as follows:

Sec. 355.1 Purpose.

Pursuant to the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), the Secretary is responsible for the enforcement
of the provisions of the Act and Convention that pertain to the
importation, exportation, or reexportation of terrestrial plants.\1\
The regulations in this part are for the purpose of implementing this
authority. Regulations of the U.S. Department of the Interior that
correlate with the regulations in this part are contained in 50 CFR
chapter I.\2\
---------------------------------------------------------------------------

\1\ Under section 11 of the Act (16 U.S.C. 1540), it is unlawful
for any person to knowingly violate any provision of the Act, any
permit or certificate issued under the Act, or any regulation
promulgated under the Act. Section 11 of the Act also provides for
criminal, civil, and administrative penalties for any such
violation.
\2\ Plant Protection and Quarantine also administers programs
under the Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371
through 3378), 7 U.S.C. 2814, and the Plant Protection Act (7 U.S.C.
7701-7772), which authorize additional prohibitions and restrictions
on the importation of plants subject to this part (see other parts
of 7 CFR chapter III for regulations containing prohibitions and
restrictions under these authorities).

111. In Sec. 355.11, footnote 3 is revised to read as follows:

Sec. 355.11 General permits.\3\

* * * * *
\3\ This permit is named a ``general permit'' in order to avoid
confusion with ``permits'' obtained under the Act from the U.S.
Department of the Interior to accompany the importation,
exportation, or reexportation of plants under U.S. Department of the
Interior regulations. General permits are also so named to avoid
confusion with permits obtained from Plant Protection and Quarantine
for the importation of plants under the Plant Protection Act (7
U.S.C. 7701-7772) and 7 U.S.C. 2801 note and 7 U.S.C. 2814.

PART 356--FORFEITURE PROCEDURES

112. The authority citation for part 356 is revised to read as
follows:

Authority: 16 U.S.C. 1540(f); 16 U.S.C. 3374; 7 CFR 2.22, 2.80,
and 371.3.

PART 360--NOXIOUS WEED REGULATIONS

113. The authority citation for part 360 is revised to read as
follows:

Authority: 7 U.S.C. 7711-7714, 7718, 7731, 7751, and 7754; 7 CFR
2.22, 2.80, and 371.3.

114. In Sec. 360.200, the section heading and the introductory text
are revised to read as follows:

Sec. 360.200 Designation of noxious weeds.

As authorized under section 412 of the Plant Protection Act (7
U.S.C. 7712), the Secretary of Agriculture has determined that the
following plants \1\ or plant products fall within the definition of
``noxious weed'' as defined in section 403 of the Act (7 U.S.C.
7702(10)). Accordingly, the dissemination in the United States of the
following plants or plant products may reasonably be expected to have
the effects specified in section 403 of the Act:
---------------------------------------------------------------------------

\1\ One or more of the common names of weeds are given in
parentheses after most scientific names to help identify the weeds
represented by such scientific names; however, a scientific name is
intended to include all weeds within the genus or species
represented by the scientific name, regardless of whether the common
name or names are as comprehensive in scope as the scientific name.
---------------------------------------------------------------------------

* * * * *

Sec. 360.300 [Amended]

115. At the end of Sec. 360.300, the statutory authority citation
``(44 U.S.C. 35)'' is removed.

PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT

116. The authority citation for part 361 is revised to read as
follows:

Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.

PART 371--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY

117. The authority citation for part 371 continues to read as
follows:

Authority: 5 U.S.C. 301.

    118. Section 371.3 is amended as follows:
    a. By removing paragraphs (b)(2)(i) through (b)(2)(v).
    b. By redesignating paragraphs (b)(2)(vi) through (b)(2)(xv) as
paragraphs (b)(2)(i) through (b)(2)(x), respectively.
    c. By revising newly redesignated paragraph (b)(2)(iii).
    d. By revising newly redesignated paragraph (b)(2)(v).
    e. By removing the periods at the end of newly redesignated
paragraphs (b)(2)(ix) and (b)(2)(x) and adding semicolons in their
place.
    f. By adding new paragraph (b)(2)(xi).
    The revisions and additions read as follows:

Sec. 371.3 Plant Protection and Quarantine.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Sections 1 and 15 of the Federal Noxious Weed Act of 1974 (7
U.S.C. 2801 note and 7 U.S.C. 2814);
* * * * *
    (v) Executive Order 13112;
* * * * *
    (xi) Authority to collect reimbursement for overtime paid to
employees for inspection or quarantine services (7 U.S.C. 2260).
* * * * *

PART 372--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES

119. The authority citation for part 372 is revised to read as
follows:

Authority: 42 U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; 7 CFR
parts 1b, 2.22, 2.80, and 371.9.

PART 380--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN
ACTS

120. The authority citation for part 380 is revised to read as
follows:

[[Page 21061]]

Authority: 7 U.S.C. 7702-7772; 16 U.S.C. 1540(a), 3373(a) and
(b); 7 CFR 2.22, 2.80, and 371.3.

Subpart A--General

121. Section 380.1 is revised to read as follows:

Sec. 380.1 Scope and applicability of rules of practice.

    (a) The Uniform Rules of Practice for the Department of Agriculture
promulgated in subpart H of part 1, subtitle A, title 7 CFR are the
Rules of Practice applicable to adjudicatory administrative proceedings
under the following statutory provisions:
    (1) The Plant Protection Act, section 424 (7 U.S.C. 7734),
    (2) Endangered Species Act Amendments of 1973, as amended, section
11(a), 16 U.S.C. 1540(a), and
    (3) Lacey Act Amendments of 1981, as amended, section 4(a) and (b),
(16 U.S.C. 3373 (a) and (b)).
    (b) In addition, the Supplemental Rules of Practice set forth in
subpart B of this part are applicable to such proceedings.

TITLE 9--ANIMALS AND ANIMAL PRODUCTS

PART 1--DEFINITIONS OF TERMS

PART 2--REGULATIONS

122. The authority citation for parts 1 and 2 is revised to read as
follows:

Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

PART 11--HORSE PROTECTION REGULATIONS

123. The authority citation for part 11 is revised to read as
follows:

Authority: 15 U.S.C. 1823-1825 and 1828; 44 U.S.C. 3506; 7 CFR
2.22, 2.80, and 371.7.

PART 49--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

124. The authority citation for part 49 is revised to read as
follows:

Authority: 21 U.S.C. 111-114, 114a, 114a-1, 115, 117, 120, 122,
123, 125-127, 134b, 134c, 134e, and 134f; 7 CFR 2.22, 2.80, and
371.4.

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

125. The authority citation for part 50 is revised to read as
follows:

Authority: 21 U.S.C. 111-114, 114a, 114a-1, 120, 121, 125, and
134b; 7 CFR 2.22, 2.80, and 371.4.

Sec. 50.3 [Amended]

126. At the end of Sec. 50.3, the statutory authority citation
beginning with the words ``(Secs. 3, 4, 5, 11, and 13,'' and ending
with the words ``7 CFR 2.17, 2.51, and 317.2(d))'' is removed.

Sec. 50.16 [Amended]

127. In Sec. 50.16, paragraph (a)(4), including footnote 1, is
revised to read as follows:

Sec. 50.16 Certain cattle on the Island of Molokai in Hawaii.

(a) * * *
(4) The purchaser of the exposed cattle has entered into a
compliance agreement \1\ with APHIS, which specifies that the cattle
will be moved under permit directly from the premises of origin to the
quarantined feedlot. Upon movement from the quarantined feedlot, the
cattle will either be shipped under permit directly to a Federal or
State-inspected slaughtering establishment for slaughter, or the cattle
will be disposed of by rendering, burial, or incineration in an
approved manner under the supervision of an APHIS or State employee.
Exposed cattle are not to be sold prior to destruction unless the
purchaser enters into a compliance agreement agreeing to the provisions
in this paragraph.
---------------------------------------------------------------------------

\1\ Compliance Agreement forms are available without charge from
the Animal and Plant Health Inspection Service, Veterinary Services,
National Animal Health Programs, 4700 River Road, Unit 43,
Riverdale, Maryland 20737-1231, and from local offices of APHIS'
Veterinary Services program. (Local offices are listed in telephone
directories.)
---------------------------------------------------------------------------

* * * * *

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

128. The authority citation for part 51 is revised to read as
follows:

Authority: 21 U.S.C. 111-114, 114a, 114a-1, 120, 121, 125, and
134b; 7 CFR 2.22, 2.80, and 371.4.

    129. Section 51.1 is amended as follows:
    a. By revising footnote 1 in the definition of Recognized
slaughtering establishment.
    b. At the end of the section, by removing the statutory authority
citation beginning with the words ``(Secs. 3, 4, 5, 11, and 13,'' and
ending with the words ``7 CFR 2.17, 2.51, and 371.2 (d))''.
    The revision reads as follows:

Sec. 51.1 Definitions.

* * * * *
Recognized slaughtering establishment.* * * \1\
---------------------------------------------------------------------------

\1\ A list of recognized slaughtering establishments is
available upon request from the Animal and Plant Health Inspection
Service, 4700 River Road Unit 37, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

PARTS 52 AND 53 [Amended]

130. The authority citation for part 52 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; and 7 CFR 2.22, 2.80, and 371.4.

130a. The authority citation for part 53 is revised to read as
follows:

Authority: 21 U.S.C. 111, 114, and 114a; 7 CFR 2.22, 2.80, and
371.4.

PART 54--CONTROL OF SCRAPIE

131. The authority citation for part 54 is revised to read as
follows:

Authority: 21 U.S.C. 111, 114, 114a, and 134a-134h; 7 CFR 2.22,
2.80, and 371.4.

132. In Sec. 54.1, in the definition of Uniform methods and rules--
voluntary scrapie flock certification, footnote 1 is revised to read as
follows.

Sec. 54.1 Definitions.

* * * * *
Uniform methods and rules voluntary scrapie flock certification.* *
*\1\
---------------------------------------------------------------------------

\1\ Copies of the UM&R are available from the Animal and Plant
Health Inspection Service, Veterinary Services, National Animal
Health Programs, 4700 River Road Unit 43, Riverdale, MD 20737-1231,
or from the American Sheep Industry Association, Inc., Producer
Services, 6911 S. Yosemite Street, Suite 200, Englewood, CO 80112-
1414, telephone (303) 771-3500.
---------------------------------------------------------------------------

PART 70--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

133. The authority citation for part 70 is revised to read as
follows:

Authority: 21 U.S.C. 111-114, 114a, 114a-1, 115, 117, 120, 122,
123, 125-127, 134b, 134c, 134e, and 134f; 7 CFR 2.22, 2.80, and
371.4.

PART 71--GENERAL PROVISIONS

134. The authority citation for part 71 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,
134b, and 134f; 7 CFR 2.22, 2.80, and 371.4.

PART 72--TEXAS (SPLENETIC) FEVER IN CATTLE

135. The authority citation for part 72 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.4.

136. Section 72.6, including footnote 3, is revised to read as
follows:

[[Page 21062]]

Sec. 72.6 Interstate movement of cattle from quarantined areas not
eradicating ticks.

Cattle in quarantined areas where tick eradication is not being
conducted\3\ may be shipped or transported interstate in accordance
with Secs. 72.9 through 72.15 under the following conditions: The
cattle must have been dipped twice with a permitted dip as provided in
Sec. 72.13, with an interval of 7 to 12 days between dippings
immediately preceding shipment, at a designated dipping station
approved under Sec. 72.16 and located in the State of origin of the
shipment or, in specific cases, after having been otherwise treated at
a designated dipping station under the supervision of an APHIS
inspector and in a manner approved by the Administrator. In all cases,
the cattle must be inspected by an APHIS inspector just prior to final
dipping, found to be apparently free of ticks, and be certified as such
by APHIS before the cattle may be released for interstate movement.
---------------------------------------------------------------------------

\3\ Information regarding the identities of such areas may be
obtained from the Animal and Plant Health Inspection Service,
Veterinary Services, National Animal Health Programs, 4700 River
Road Unit 43, Riverdale, MD 20737-1231.

137. In Sec. 72.13, paragraph (a), footnote 4 is revised to read as
follows:

Sec. 72.13 Permitted dips and procedures.

(a) * * *\4\

\4\ Care is required when treating animals and in maintaining
the required concentration of chemicals in dipping baths. Detailed
information concerning the use of, criteria for, and names of
proprietary brands of permitted dips--as well the use of compressed
air, vat management techniques, and other information--is available
from the Animal and Plant Health Inspection Service, Veterinary
Services, National Animal Health Programs, 4700 River Road Unit 43,
Riverdale, MD 20737-1231.

PART 73--SCABIES IN CATTLE

138. The authority citation for part 73 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.4.

Secs. 73.2, 73.3, 73.5, 73.6, and 73.12 [Amended]

139. At the end of Secs. 73.2, 73.3, 73.5, 73.6, and 73.12, the
statutory authority citation beginning with the words ``(Secs. 4-7, 23
Stat. 32, as amended;'' and ending with the words ``7 CFR 2.17, 2.51,
and 371.2 (d))'' is removed.

PART 74--PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

140. The authority citation for part 74 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 114a, 115, 117, 120, 122-126,
134b, 134f; 7 CFR 2.22, 2.80, and 371.4.

PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND
ZEBRAS

141. The authority citation for part 75 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and
134-134h; 7 CFR 2.22, 2.80, and 371.4.

Sec. 75.4 [Amended]

142. In Sec. 75.4, footnotes 1 in the definition of Officially
identified, 2 in paragraph (c)(1)(v), and 3 in paragraph (c)(2) are
amended by removing the words ``Sheep, Goat, Equine, and Poultry
Diseases'' and adding in their place the words ``National Animal Health
Programs''.

PART 79--SCRAPIE IN SHEEP AND GOATS

143. The authority citation for part 79 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.4.

Sec. 79.2 [Amended]

144. In Sec. 79.2, paragraph (a)(2), introductory text, footnote 1
is amended by removing the words ``Sheep, Goat, Equine, and Poultry
Diseases'' and adding in their place the words ``National Animal Health
Programs''.

Sec. 79.3 [Amended]

145. In Sec. 79.3, paragraph (b), footnote 2 is amended by removing
the words ``Sheep, Goat, Equine, and Poultry Diseases,'' and adding in
their place the words ``National Animal Health Programs''.

PART 80--JOHNE'S DISEASE IN DOMESTIC ANIMALS

146. The authority citation for part 80 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and
125; 7 CFR 2.22, 2.80, and 371.4.

PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY
DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS

147. The authority citation for part 82 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a,
134b, and 134f; 7 CFR 2.22, 2.80, and 371.4.

Subpart C--Poultry Disease Caused by Salmonella Enteritidis
Serotype Enteritidis

    148. In Sec. 82.30, the definition of Authorized laboratory is
amended as follows:
    a. In the first undesignated paragraph, by removing the words ``c/o
Sheep, Goat, Equine, and Poultry Diseases Staff, Veterinary Services,
U.S. Department of Agriculture, Federal Building, 6505 Belcrest Road,
Hyattsville, Maryland 20782'' and adding in their place the words
``Veterinary Services, Center for Planning, Certification, and
Monitoring, 4700 River Road Unit 46, Riverdale, MD 20737-1231''.
    b. By revising footnote 1 in paragraph (8) to read as follows:

Sec. 82.30 Definitions.

* * * * *
    Authorized laboratory.
    * * *
    (8)* * *

\1\Training requirements, standard test protocols, and check
test proficiency requirements prescribed by the National Veterinary
Services Laboratories and the names and addresses of authorized
laboratories are available from the Animal and Plant Health
Inspection Service, Veterinary Services, Center for Planning,
Certification, and Monitoring, 4700 River Road Unit 46, Riverdale,
MD 20737-1231.

Sec. 82.32 [Amended]

149. In Sec. 82.32, footnote 2 is amended by removing the words
``Sheep, Goat, Equine, and Poultry Diseases, 4700 River Road Unit 43''
and adding in their place the words ``Center for Planning,
Certification, and Monitoring, 4700 River Road Unit 46''.

Sec. 82.33 [Amended]

150. In Sec. 82.33, paragraph (a)(2), footnote 4 is amended by
removing the words ``Sheep, Goat, Equine, and Poultry Diseases, 4700
River Road Unit 43'' and adding in their place the words ``Center for
Planning, Certification, and Monitoring, 4700 River Road Unit 46''.

Sec. 82.37 [Amended]

151. In Sec. 82.37, footnote 7 is amended by removing the words
``Sheep, Goat,

[[Page 21063]]

Equine, and Poultry Diseases, 4700 River Road Unit 43'' and adding in
their place the words ``Center for Planning, Certification, and
Monitoring, 4700 River Road Unit 46''.

PART 85--PSEUDORABIES

152. The authority citation for part 85 is revised to read as
follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.4.

Sec. 85.1 [Amended]

153. In Sec. 85.1, in the definition of Approved differential
pseudorabies test, footnote 1 is amended by removing the words ``Swine
Health, 4700 River Road Unit 37'' and adding in their place the words
``Operational Support, 4700 River Road Unit 33''.

PART 89--STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW

154. The authority citation for part 89 is revised to read as
follows:

Authority: 34 Stat. 607; 45 U.S.C. 71-74; 19 FR 74, as amended;
7 CFR 2.22, 2.80, and 371.4.

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

155. The authority citation for part 91 is revised to read as
follows:

Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,
136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a and 466b; 49
U.S.C. 1509(d); 7 CFR 2.22, 2.80, and 371.4.

PART 92--IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR
REQUESTING RECOGNITION OF REGIONS

155a. The authority citation for part 92 is revised to read as
follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS

156. The authority citation for part 94 is revised to read as
follows:

Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754;
19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136,
and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80,
and 371.4.

157. In Sec. 94.5, paragraph (e)(2) is revised to read as follows:

Sec. 94.5 Regulation of certain garbage.

* * * * *
(e) * * *
(2) To prevent the dissemination of plant pests and livestock or
poultry diseases, regulated garbage is subject to general surveillance
for compliance with this section by Animal and Plant Health Inspection
Service inspectors and to disposal measures authorized by sections 414,
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and
7754), section 2 of the Act of February 2, 1903, as amended (21 U.S.C.
111), and section 306 of the Act of July 17, 1930, as amended (19
U.S.C. 1306).
* * * * *

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS) AND
HAY AND STRAW OFFERED FOR ENTRY INTO THE UNITED STATES

158. The authority citation for part 95 is revised to read as
follows:

Authority: 21 U.S.C. 111, 136, and 136a; 31 U.S.C. 9701; 7 CFR
2.22, 2.80, and 371.4

PART 96--RESTRICTION OF IMPORTATION OF FOREIGN ANIMAL CASINGS
OFFERED FOR ENTRY INTO THE UNITED STATES

158a. The authority citation for part 96 is revised to read as
follows:

Authority: 21 U.S.C. 111, 136, and 136a; 7 CFR 2.22, 2.80, and
371.4.

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

158b. The authority citation for part 97 is revised to read as
follows:

Authority: 7 U.S.C. 2260; 49 U.S.C. 1741; 7 CFR 2.22, 280, and
371.4.

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

158c. The authority citation for part 98 is revised to read as
follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105,
111, 134a, 134b, 134c, 134d, 134f, 136 and 136a; 31 U.S.C.

PART 99--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

159. The authority citation for part 99 is revised to read as
follows:

Authority: 21 U.S.C. 102-105, 111, 112, 114a, 117, 120, 122,
134b, 134c, 134e, 134f, 135, and 135a; 7 CFR 2.22, 2.80, and 371.4.

PART 101--DEFINITIONS

PART 102--LICENSES FOR BIOLOGICAL PRODUCTS

160. The authority citation for parts 101 and 102 is revised to
read as follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

PART 103--EXPERIMENTAL PRODUCTION, DISTRIBUTION, AND EVALUATION OF
BIOLOGICAL PRODUCTS PRIOR TO LICENSING

161. The authority citation for part 103 is revised to read as
follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

Sec. 103.2 [Amended]

162. At the end of Sec. 103.2, the statutory authority citation
``(44 U.S.C. 3506)'' is removed.

PART 104--PERMITS FOR BIOLOGICAL PRODUCTS

PART 105--SUSPENSION, REVOCATION, OR TERMINATION OF BIOLOGICAL
LICENSES OR PERMITS

163. The authority citation for parts 104 and 105 is revised to
read as follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

PART 106--EXEMPTION FOR BIOLOGICAL PRODUCTS USED IN DEPARTMENT
PROGRAMS OR UNDER DEPARTMENT CONTROL OR SUPERVISION

164. The authority citation for part 106 is revised to read as
follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

[[Page 21064]]

PART 107--EXEMPTIONS FROM PREPARATION PURSUANT TO AN UNSUSPENDED
AND UNREVOKED LICENSE

PART 108--FACILITY REQUIREMENTS FOR LICENSED ESTABLISHMENTS

PART 109--STERILIZATION AND PASTEURIZATION AT LICENSED
ESTABLISHMENTS

PART 112--PACKAGING AND LABELING

PART 113--STANDARD REQUIREMENTS

PART 114--PRODUCTION REQUIREMENTS FOR BIOLOGICAL PRODUCTS

165. The authority citation for parts 107-109 and 112-114 is
revised to read as follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

PART 115--INSPECTIONS

166. The authority citation for part 115 is revised to read as
follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

PART 116--RECORDS AND REPORTS

167. The authority citation for part 116 is revised to read as
follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

Secs. 116.1, 116.2, 116.3, 116.4, and 116.6 [Amended]

168. At the end of Secs. 116.1, 116.2, 116.3, 116.4, and 116.6,
the statutory authority citation ``(44 U.S.C. 3506)'' is removed.

PART 117--ANIMALS AT LICENSED ESTABLISHMENTS

PART 118--DETENTION, SEIZURE, AND CONDEMNATION

169. The authority citation for parts 117 and 118 is revised to
read as follows:

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

PART 122--ORGANISMS AND VECTORS

170. The authority citation for part 122 is revised to read as
follows:

Authority: 21 U.S.C. 111 and 151-158; 7 CFR 2.22, 2.80, and
371.4.

PART 123--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE VIRUS-
SERUM-TOXIN ACT

171. The authority citation for part 123 is revised to read as
follows:

Authority: 21 U.S.C. 111 and 151-159; 7 CFR 2.22, 2.80, and
371.4.

PART 124--PATENT TERM RESTORATION

172. The authority citation for part 124 is revised to read as
follows:

Authority: 35 U.S.C. 156; 7 CFR 2.22, 2.80, and 371.4.

PART 145--NATIONAL POULTRY IMPROVEMENT PLANT

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENTPLAN

172a. The authority citation for parts 145 and 147 is revised to
read as follows:

Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.4.

PART 151--RECOGNITION OF BREEDS AND BOOKS OF RECORDS OF PUREBRED
ANIMALS

172b. The authority citation for part 151 is revised to read as
follows:

Authority: 19 U.S.C. 1202; 7 CFR 2.22, 2.80, and 371.4.

PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE

172c. The authority citation for part 156 is revised to read as
follows:

Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22,
2.80, and 371.4.

PART 160--DEFINITION OF TERMS

PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

PART 162--RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF
VETERINARIANS' ACCREDITATION

172d. The authority citation for parts 160, 161, and 162 is revised
to read as follows:

Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.22, 2.80,
and 371.4. 9701; 7 CFR 2.22, 2.80, and 371.4.

PART 166--SWINE HEALTH PROTECTION

173. The authority citation for part 166 is revised to read as
follows:

Authority: 7 U.S.C. 3802-3804, 3808, 3809, and 3811; 7 CFR 2.22,
2.80, and 371.4.

Secs. 166.1, 166.2, and 166.10 [Amended]

174. At the end of Secs. 166.1, 166.2, and 166.10, the statutory
authority citation beginning with the words ``(Sec. 511,'' and ending
with the words ``7 CFR 2.17, 2.51, and 371.2(d))'' is removed.

PART 167--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE SWINE
HEALTH PROTECTION ACT

175. The authority citation for part 167 is revised to read as
follows:

Authority: 7 U.S.C. 3804, 3805, and 3811; 7 CFR 2.22, 2.80, and
371.4.

Done in Washington, DC, this 16th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-9797 Filed 4-26-01; 8:45 am]
BILLING CODE 3410-34-U

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