[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Rules and Regulations]
[Pages 21049-21064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9797]


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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repealed as a result of the enactment of this law.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and 9, where appropriate, to remove duplicative or outdated citations 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).
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* * * * *
    (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).
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* * * * *
    (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.

* * * * *
    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.
* * * * *

    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
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    \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).
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* * * * *
    (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).
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* * * * *
    (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).
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* * * * *
    (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
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    \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.
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    (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
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    \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.

* * * * *
    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.
* * * * *

    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
---------------------------------------------------------------------------

    \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 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
---------------------------------------------------------------------------

    \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) 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.

* * * * *
    (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 aforementioned insect pests.
* * * * *

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.

* * * * *
    (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 aforementioned dangerous 
insects.
* * * * *

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.

* * * * *
    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.
* * * * *

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

* * * * *

[[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.

* * * * *
    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.
* * * * *

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

* * * * *


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.

* * * * *
    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.
* * * * *

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

* * * * *

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