[Federal Register Volume 68, Number 26 (Friday, February 7, 2003)]
[Rules and Regulations]
[Pages 6341-6346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3058]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 330 and 354

9 CFR Parts 4, 11, 12, 49, 50, 51, 52, 53, 54, 70, 71, 72, 73, 74, 
75, 77, 78, 79, 80, 85, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 
122, 123, 124, 130, 145, 147, 160, 161, 162, 166

[Docket No. 02-076-1]


Animal Health 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 Animal Health 
Protection Act (Pub. L. 107-171, 116 Stat. 494, 7 U.S.C. 8301 et seq.) 
in our lists of legal authorities. We are also removing or revising 
citations and references to animal health statutes that were repealed 
by the Animal Health Protection Act. 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appropriate, to remove duplicative or outdated citations and are making 
other nonsubstantive editorial changes in the regulations for the sake 
of clarity.

EFFECTIVE DATE: February 7, 2003.

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 memorandum titled ``Delegations of Authority Farm Security and 
Rural Investment Act of 2002 (FSRIA),'' dated July 10, 2002, the 
Secretary of Agriculture delegated to the Animal and Plant Health 
Inspection Service (APHIS) the authority to carry out Subtitle E of 
FSRIA, known as the Animal Health Protection Act (AHPA ) (Subtitle E, 
Pub. L. 107-171, 116 Stat. 494, 7 U.S.C. 8301 et seq.). In this 
document, we are amending titles 7 and 9 of the Code of Federal 
Regulations (referred to below as the regulations) to reflect the AHPA 
in our lists of legal authorities, update authority citations, and 
remove references to statutes that were repealed by the AHPA.
    The AHPA repealed the following statutes:
    1. Pub. L. 97-46 (7 U.S.C. 147b);
    2. Section 101(b) of the Act of September 21, 1944 (7 U.S.C. 429);
    3. The Act of August 28, 1950 (7 U.S.C. 2260);
    4. Section 919 of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 2260a);
    5. Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306);
    6. Sections 6 through 8 and 10 of the Act of August 30, 1890 (21 
U.S.C. 102 through 105);
    7. The Act of February 2, 1903 (21 U.S.C. 111, 120 through 122);
    8. Sections 2 through 9, 11, and 13 of the Act of May 29, 1884 (21 
U.S.C. 112, 113, 114, 114a, 114a-1, 115 through 120, 130);
    9. The first section and sections 2, 3, and 5 of the Act of 
February 28, 1947 (21 U.S.C. 114b, 114c, 114d, 114d-1);
    10. The Act of June 16, 1948 (21 U.S.C. 114e, 114f);
    11. Pub. L. 87-209 (21 U.S.C. 114g, 114h);
    12. The third and fourth provisos of the fourth paragraph under the 
heading ``Bureau of Animal Industry'' of the Act of May 31, 1920 (21 
U.S.C. 116);
    13. The first section and sections 2, 3, 4, and 6 of the Act of 
March 3, 1905 (21 U.S.C. 123 through 127);
    14. The first proviso under the heading ``General expenses, Bureau 
of Animal Industry'' under the heading ``BUREAU OF ANIMAL INDUSTRY'' of 
the Act of June 30, 1914 (21 U.S.C. 128);
    15. The fourth proviso under the heading ``Salaries and Expenses'' 
under the heading ``Animal and Plant Health Inspection Service'' of 
title I of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (21 
U.S.C. 129);
    16. The third paragraph under the heading ``MISCELLANEOUS'' of the 
Act of May 26, 1910 (21 U.S.C. 131);
    17. The first section and sections 2 through 6 and 11 through 13 of 
Pub. L. 87-518 (21 U.S.C. 134 through 134h);
    18. Pub. L. 91-239 (21 U.S.C. 135 through 135b);
    19. Sections 12 through 14 of the Federal Meat Inspection Act (21 
U.S.C. 612 through 614); and
    20. Chapter 39 of title 46, United States Code.
    In this document we are also making other changes to the 
regulations, not related to enactment of the AHPA. We are:
    1. Updating or removing from the regulations several outdated or 
extraneous authority citations;
    2. Correcting several erroneous or outdated specific references to 
material in the U.S. Code and Code of Federal Regulations; and

[[Page 6342]]

    3. Making other 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 Orders 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 330

    Customs duties and inspection, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Parts 49, 51, 52, 53, 70, 73, and 79

    Administrative practice and procedure, Animal diseases, Cattle, 
Goats, Hogs, Indemnity payments, Livestock, Poultry and poultry 
products, Pseudorabies, Quarantine, Reporting and recordkeeping 
requirements, Scrapie, Sheep, Swine, Transportation.

9 CFR Parts 93, 94, 98, 99, and 124.

    Administrative practice and procedure, Animal biologics, Animal 
diseases, Imports, Livestock, Meat and meat products, Milk, Patents, 
Poultry and poultry products, Quarantine, Reporting and recordkeeping 
requirements.

9 CFR Parts 130, 161, and 166

    Animals, Birds, Diagnostic reagents, Exports, Hogs, Imports, 
Poultry and poultry products, Quarantine, Reporting and recordkeeping 
requirements, Tests, Veterinarians.

    Accordingly, we are amending 7 CFR parts 330 and 354 and 9 CFR 
parts 4, 11, 12, 49, 50, 51, 52, 53, 54, 70, 71, 72, 73, 74, 75, 77, 
78, 79, 80, 85, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 122, 123, 124, 
130, 145, 147, 160, 161, 162, and 166 as follows:

Title 7--Agriculture

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

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

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136 
and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, 
and 371.3.


    2. In Sec.  330.400, paragraph (f)(2) is revised to read as 
follows:


Sec.  330.400  Regulation of certain garbage.

* * * * *
    (f) * * *
    (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 the Plant 
Protection Act and the Animal Health Protection Act to prevent the 
introduction and dissemination of pests and diseases of plants and 
livestock.
* * * * *

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

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

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 
80503; 7 CFR 2.22, 2.80, and 371.3.

Title 9--Animals and Animal Products

PART 4--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL 
WELFARE ACT

    4. The authority citation for part 4 is revised to read as follows:

    Authority: 7 U.S.C. 2149 and 2151; 7 CFR 2.22, 2.80, and 371.7.

PART 11--HORSE PROTECTION REGULATIONS

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

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

PART 12--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE HORSE 
PROTECTION ACT

    6. In part 12, the citations ``(84 Stat. 1406; 15 U.S.C. 1828)'' 
that appear following the regulatory text of Sec. Sec.  12.1 and 12.10 
are removed and an authority citation for part 12 is added to read as 
follows:

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

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

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  49.1  [Amended]

    8. In section 49.1, the list of statutory provisions is amended by 
adding, in alphabetical order, an entry that reads: ``The Animal Health 
Protection Act (7 U.S.C. 8301 et seq.).''.

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  51.1  [Amended]

    11. In Sec.  51.1, the definition of recognized slaughtering 
establishment is amended by removing the words ``Meat Inspection Act 
(21 U.S.C. 601-695)'' and adding the words ``Federal Meat Inspection 
Act (21 U.S.C. 601 et seq.)'' in their place.

PART 52--SWINE DESTROYED BECAUSE OF PSEUDORABIES

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  52.1  [Amended]

    13. In Sec.  52.1, the definition of recognized slaughtering 
establishment is amended by removing the citation ``(21 U.S.C. 601-
695)'' and adding the citation ``(21 U.S.C. 601 et seq.)'' in its 
place.

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND 
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

[[Page 6343]]

Sec.  53.3  [Amended]

    15. Section 53.3 is amended by removing the citation ``(21 U.S.C. 
112, 113, 115, 117, 120, 121, 134b)'' that follows paragraph (d).

PART 54--CONTROL OF SCRAPIE

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  70.1  [Amended]

    18. In Sec.  70.1, the list of statutory provisions is amended by 
adding, in alphabetical order, an entry that reads: ``The Animal Health 
Protection Act (7 U.S.C. 8301 et seq.).''.

PART 71--GENERAL PROVISIONS

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 72--TEXAS (SPLENETIC) FEVER IN CATTLE

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 73--SCABIES IN CATTLE

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


    22. In Sec.  73.1b, the first sentence is revised to read as 
follows:


Sec.  73.1b  Quarantine policy.

    Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the 
Secretary may promulgate regulations and may prohibit or restrict the 
movement in interstate commerce of any animal, article, or means of 
conveyance as the Secretary determines necessary to prevent the 
introduction or dissemination of any pest or disease of livestock. * * 
*

PART 74--PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 77--TUBERCULOSIS

    25. The authority citation for part 77 is revised to read as 
follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 78--BRUCELLOSIS

    26. The authority citation for part 78 is revised to read as 
follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 79--SCRAPIE IN SHEEP AND GOATS

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  79.2  [Amended]

    28. In Sec.  79.2, paragraph (f)(3), the second-to-last sentence is 
amended by removing the citation ``21 U.S.C. 122 and 134e'' and adding 
the citation ``7 U.S.C. 8313'' in its place.

PART 80--JOHNE'S DISEASE IN DOMESTIC ANIMALS

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 85--PSEUDORABIES

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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

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

    Authority: 49 U.S.C. 80502; 7 CFR 2.22, 2.80, and 371.4.

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

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

    Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 
136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 
371.4.

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

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

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    34. The authority citation for part 93 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  93.101  [Amended]

    35. In Sec.  93.101, paragraph (d)(1)(ii) is amended by removing 
the words ``as provided in section 5 of the Act of July 2, 1962 (21 
U.S.C. 134d)'', and by removing the words ``section 2 of the Act of 
July 2, 1962 (21 U.S.C. 134a)'' and adding the words ``the Animal 
Health Protection Act (7 U.S.C. 8301 et seq.)'' in their place.


Sec.  93.106  [Amended]

    36. Section 93.106 is amended as follows:
    a. In paragraph (a), by removing the words ``, in accordance with 
the provisions of section 2 of the Act of July 2, 1962 (21 U.S.C. 
134a)''.
    b. In paragraph (b)(4), by removing the words ``, in accordance 
with Sec.  2 of the Act of July 2, 1962 (21 U.S.C. 134a)''.
    c. In paragraph (c)(5)(iii), in the first paragraph of the text of 
the cooperative and trust fund agreement, by removing the words 
``section 2 of the Act of February 2, 1903, as amended, section 11 of 
the Act of May 29, 1884, as amended, and section 4 of the Act of July 
2, 1962 (21 U.S.C. 111, 114a, and 134c, respectively),'' and adding the 
words ``the Animal Health Protection Act (7 U.S.C. 8301 et seq.)'' in 
their place.

[[Page 6344]]

Sec.  93.201  [Amended]

    37. In Sec.  93.201, paragraph (b)(1)(ii) is amended by removing 
the words ``as provided in section 5 of the Act of July 2, 1962 (21 
U.S.C. 134d)'', and by removing the words ``section 2 of the Act of 
July 2, 1962 (21 U.S.C. 134a)'' and adding the words ``the Animal 
Health Protection Act (7 U.S.C. 8301 et seq.)'' in their place.


Sec.  93.202  [Amended]

    38. In Sec.  93.202, paragraph (a) is amended by removing the 
citation ``(21 U.S.C. 134d)''.


Sec.  93.207  [Amended]

    39. Section 93.207 is amended by removing the words ``in accordance 
with provisions of section 2 of the Act of July 2, 1962 (21 U.S.C. 
134a), or the provisions of section 8 of the Act of August 30, 1890 (21 
U.S.C. 103)''.


Sec.  93.301  [Amended]

    40. In Sec.  93.301, paragraph (b)(1)(ii) is amended by removing 
the words ``as provided in section 5 of the Act of July 2, 1962 (21 
U.S.C. 134d)'' and by removing the words ``section 2 of the Act of July 
2, 1962 (21 U.S.C. 134a)'' and adding the words ``the Animal Health 
Protection Act (7 U.S.C. 8301 et seq.)'' in their place.


Sec.  93.302  [Amended]

    41. In Sec.  93.302, paragraph (a) is amended by removing the 
citation ``(21 U.S.C. 134d)''.


Sec.  93.306  [Amended]

    42. Section 93.306 is amended by removing the paragraph designation 
``(a)'' from the regulatory text of the section, and by removing the 
words ``in accordance with provisions of section 2 of the Act of July 
2, 1962 (21 U.S.C. 134a), or the provisions of section 8 of the Act of 
August 30, 1890 (21 U.S.C. 103)''.


Sec.  93.401  [Amended]

    43. Section 93.401 is amended as follows:
    a. In paragraph (a), by removing the words ``except as prohibited 
by section 306 of the Act of June 17, 1930, as amended (19 U.S.C. 
1306),''.
    b. In paragraph (b), in the introductory text, by removing the 
words ``by section 306 of the Act of June 17, 1930, as amended (19 
U.S.C. 1306)'' and by removing the number ``92'' that appears after the 
word ``part''.
    c. In paragraph (b)(1)(ii), by removing the words ``as provided in 
section 5 of the Act of July 2, 1962 (21 U.S.C. 134d)'', and by 
removing the words ``section 2 of the Act of July 2, 1962 (21 U.S.C. 
134a)'' and adding the words ``the Animal Health Protection Act (7 
U.S.C. 8301 et seq.)'' in their place.


Sec.  93.402  [Amended]

    44. In Sec.  93.402, paragraph (a) is amended by removing the 
citation ``(21 U.S.C. 134d)''.

    45. In Sec.  93.404, paragraph (a)(2) is revised to read as 
follows:


Sec.  93.404  Import permits for ruminants and for ruminant test 
specimens for diagnostic purposes; and reservation fees for space at 
quarantine facilities maintained by APHIS.

    (a) * * *
    (2) An application for permit to import will be denied for domestic 
ruminants from any region designated in Sec.  94.1 of this chapter as a 
region where rinderpest or foot-and-mouth disease exists.
* * * * *


Sec.  93.405  [Amended]

    46. In Sec.  93.405, paragraph (d) is amended by removing the words 
``thereafter in accordance with the provisions of section 8 of the Act 
of August 30, 1890 (26 Stat. 416; 21 U.S.C. 103),''.


Sec.  93.408  [Amended]

    47. Section 93.408 is amended by removing the words ``provisions of 
section 2 of the Act of July 2, 1962 (21 U.S.C. 134a), or the 
provisions of section 8 of the Act of August 30, 1890 (21 U.S.C. 103)'' 
and adding the words ``the Animal Health Protection Act (7 U.S.C. 8301 
et seq.)'' in their place.


Sec.  93.419  [Amended]

    48. In Sec.  93.419, paragraph (b) is amended by removing the words 
``thereafter in accordance with the provisions of section 8 of the act 
of August 30, 1890 (26 Stat. 416; 21 U.S.C. 103),''.


Sec.  93.423  [Amended]

    49. In Sec.  93.423, paragraph (d) is amended by removing the words 
``thereafter in accordance with the provisions of section 8 of the act 
of August 30, 1890 (26 Stat. 416; 21 U.S.C. 103),''.


Sec.  93.426  [Amended]

    50. In Sec.  93.426, paragraph (a) is amended by removing the words 
``thereafter in accordance with provisions of section 8 of the Act of 
August 30, 1890 (26 Stat. 416; 21 U.S.C. 103)'' and by removing the 
comma after the word ``Administrator''.


Sec.  93.428  [Amended]

    51. In Sec.  93.428, paragraph (c) is amended by removing the words 
``thereafter in accordance with the provisions of section 8 of the act 
of August 30, 1890 (26 Stat. 416; 21 U.S.C. 103),''.


Sec.  93.501  [Amended]

    52. Section 93.501 is amended as follows:
    a. In paragraph (a), by removing the words ``except as prohibited 
by section 306 of the Act of June 17, 1930, as amended (19 U.S.C. 
1306),''.
    b. In paragraph (b), in the introductory text, by removing the 
words ``by section 306 of the Act of June 17, 1930, as amended (19 
U.S.C. 1306)''.
    c. In paragraph (b)(1)(ii), by removing the words ``as provided in 
section 5 of the Act of July 2, 1962 (21 U.S.C. 134d)'', and by 
removing the words ``section 2 of the Act of July 2, 1962 (21 U.S.C. 
134a)'' and adding the words ``the Animal Health Protection Act (7 
U.S.C. 8301 et seq.)'' in their place.


Sec.  93.502  [Amended]

    53. In Sec.  93.502, paragraph (a) is amended by removing the 
citation ``(21 U.S.C. 134d)''.

    54. In Sec.  93.504, paragraph (a)(2) is revised to read as 
follows:


Sec.  93.504  Import permits for swine and for swine specimens for 
diagnostic purposes; and reservation fees for space at quarantine 
facilities maintained by APHIS.

    (a) * * *
    (2) An application for permit to import will be denied for domestic 
swine from any region designated in Sec.  94.1 of this chapter as a 
region where rinderpest or foot-and-mouth disease exists.
* * * * *


Sec.  93.505  [Amended]

    55. In Sec.  93.505, paragraph (c) is amended by removing the words 
``thereafter in accordance with the provisions of section 8 of the act 
of August 30, 1890 (26 Stat. 416; 21 U.S.C. 103),''.


Sec.  93.507  [Amended]

    56. Section 93.507 is amended by removing the paragraph designation 
``(a)'' from the regulatory text of the section, and by removing the 
words ``in accordance with provisions of section 2 of the Act of July 
2, 1962 (21 U.S.C. 134a), or the provisions of section 8 of the Act of 
August 30, 1890 (21 U.S.C. 103)''.

    57. In the center heading ``Central America and West Indies'' that

[[Page 6345]]

immediately precedes Sec.  93.520, footnote 8 is amended by removing 
the words ``Sec. Sec.  93.520 to 93.522 inclusive'' and adding the 
citation ``Sec.  93.520'' in their place.

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

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

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136 
and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, 
and 371.4.


Sec.  94.1  [Amended]

    59. In Sec.  94.1, the introductory text of paragraph (a) is 
amended by removing the words ``section 306 of the Act of June 17, 
1930, as amended (19 U.S.C. 1306)'' and adding the words ``the Animal 
Health Protection Act (7 U.S.C. 8301 et seq.)'' in their place.


Sec.  94.1a  [Amended]

    60. In Sec.  94.1a, the introductory text of paragraph (a) is 
amended by removing the words ``for the purposes of section 306(a) of 
the Act of June 17, 1930, as amended (19 U.S.C. 1306(a))''.


Sec.  94.4  [Amended]

    61. In Sec.  94.4, paragraph (b)(2) is amended by removing the 
citation ``(21 U.S.C. 610 et seq.)'' and adding the citation ``(21 
U.S.C. 601 et seq.)'' in its place.


Sec.  94.5  [Amended]

    62. In Sec.  94.5, paragraph (e)(2) is amended by removing the 
words ``, 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)'' and adding the words ``the Animal Health Protection 
Act (7 U.S.C. 8301 et seq.)'' in their place.

    63. Section 94.7 is revised to read as follows:


Sec.  94.7  Disposal of animals, meats, and other articles ineligible 
for importation.

    (a) Ruminants and swine, and fresh (chilled or frozen) meats, 
prohibited importation under Sec. Sec.  94.1, 94.8, 94.9, 94.10, 94.12, 
94.14, or 94.18, which come into the United States by ocean vessel and 
are offered for entry and refused admission into this country, shall be 
destroyed or otherwise disposed of as the Administrator may direct, 
unless they are exported by the consignee within 48 hours, and 
meanwhile are retained under such isolation and other safeguards as the 
Administrator may require to prevent the introduction or dissemination 
of livestock diseases into the United States.
    (b) Ruminants and swine, and fresh (chilled or frozen) meats, 
prohibited importation under Sec. Sec.  94.1, 94.8, 94.9, 94.10, 94.12, 
94.14, or 94.18, which come into the United States aboard an airplane 
or railroad car and are offered for entry and refused admission into 
this country, shall be destroyed or otherwise disposed of as the 
Administrator may direct, unless they are exported by the consignee 
within 24 hours, and meanwhile are retained under such isolation and 
other safeguards as the Administrator may require to prevent the 
introduction or dissemination of livestock diseases into the United 
States.
    (c) Ruminants and swine, and fresh (chilled or frozen) meats, 
prohibited importation under Sec. Sec.  94.1, 94.8, 94.9, 94.10, 94.12, 
94.14, or 94.18, which come into the United States by any means other 
than ocean vessel, airplane, or railroad car and are offered for entry 
and refused admission into this country, shall be destroyed or 
otherwise disposed of as the Administrator may direct, unless they are 
exported by the consignee within 8 hours, and meanwhile are retained 
under such isolation and other safeguards as the Administrator may 
require to prevent the introduction or dissemination of livestock 
diseases into the United States.
    (d) Ruminants and swine, and fresh (chilled or frozen) meats, 
prohibited importation under Sec. Sec.  94.1, 94.8, 94.9, 94.10, 94.12, 
94.14, or 94.18, which come into the United States by any means but are 
not offered for entry into this country, and other animals, meats, and 
other articles prohibited importation under other sections of this 
part, which come into the United States by any means, whether they are 
offered for entry into this country or not, shall be immediately 
destroyed or otherwise disposed of as the Administrator may direct at 
any time.


Sec.  94.15  [Amended]

    64. In Sec.  94.15, paragraphs (b)(4) and (c)(4) are amended by 
removing the words ``section 2 of the Act of February 2, 1903, as 
amended (21 U.S.C. 111)'' and adding the words ``the Animal Health 
Protection Act (7 U.S.C. 8301 et seq.)'' in their place.

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

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

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.

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

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

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 7 CFR 
2.22, 2.80, and 371.4.

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

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

    Authority: 7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22, 
2.80, and 371.4.

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

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

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  98.32  [Amended]

    69. In Sec.  98.32, paragraph (a) is amended by removing the 
citation ``(21 U.S.C. 134d)''.

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

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  99.1  [Amended]

    71. In section 99.1, the list of statutory provisions is amended by 
adding, in alphabetical order, an entry that reads: ``The Animal Health 
Protection Act, section 10414 (7 U.S.C. 8313)''.

PART 122--ORGANISMS AND VECTORS

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

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 151-158; 7 CFR 2.22, 
2.80, and 371.4.

[[Page 6346]]

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

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

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 151-159; 7 CFR 2.22, 
2.80, and 371.4.

PART 124--PATENT TERM RESTORATION

    74. The authority citation for part 124 continues to read as 
follows:

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

    75. In Sec.  124.2, the definition of informal hearing is revised 
to read as follows:


Sec.  124.2  Definitions.

* * * * *
    Informal Hearing. A hearing that is not subject to the provisions 
of 5 U.S.C. 554, 556, and 557 and that is conducted as provided in 21 
U.S.C. 321(x).
* * * * *

PART 130--USER FEES

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

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 
136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 
2.22, 2.80, and 371.4.


Sec.  130.51  [Amended]

    77. In Sec.  130.51, paragraph (d) is amended by removing the 
citation ``30 U.S.C. 3717'' and adding the citation ``31 U.S.C. 3717'' 
in its place.

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

    78. The authority citation for part 145 is revised to read as 
follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

PART 160--DEFINITION OF TERMS

    80. The authority citation for part 160 is revised to read as 
follows:

    Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, 
and 371.4.

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

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

    Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, 
and 371.4.


Sec.  161.4  [Amended]

    82. In Sec.  161.4, paragraph (d) is amended by removing the 
citation ``18 U.S.C. 1001, 21 U.S.C. 117, 122, 127, and 134e'' and 
adding the citation ``7 U.S.C. 8313, 18 U.S.C. 1001'' in its place.

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

    83. The authority citation for part 162 is revised to read as 
follows:

    Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, 
and 371.4.

PART 166--SWINE HEALTH PROTECTION

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

    Authority: 7 U.S.C. 3801-3813; 7 CFR 2.22, 2.8, and 371.4.


Sec.  166.14  [Amended]

    85. In Sec.  166.14, paragraph (a)(3) is amended by removing the 
citation ``(7 U.S.C. 135 et seq.)'' and adding the citation ``(7 U.S.C. 
136 et seq.)'' in its place.

    Done in Washington, DC, this 4th day of February 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-3058 Filed 2-6-03; 8:45 am]
BILLING CODE 3410-34-P