[Federal Register Volume 69, Number 51 (Tuesday, March 16, 2004)]
[Rules and Regulations]
[Page 12265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5870]



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  Federal Register / Vol. 69, No. 51 / Tuesday, March 16, 2004 / Rules 
and Regulations  

[[Page 12265]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 330

[Docket No. 00-063-3]


Plant Protection Act; Revisions to Authority Citations; Technical 
Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule published in the Federal Register and 
effective on April 27, 2001, we amended the regulations in title 7, 
chapter III, and title 9, chapter 1, to reflect enactment of the Plant 
Protection Act (Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). In 
the rule, we revised authority citations and removed references to 
plant protection and quarantine statutes that were repealed by the 
Plant Protection Act. One of the changes to 7 CFR part 330 was in 
error. We are amending the regulations in part 330 to correct this 
error.

EFFECTIVE DATE: April 27, 2001.

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

SUPPLEMENTARY INFORMATION: 

Background

    On April 27, 2001, APHIS published a final rule amending the 
regulations in title 7, chapter III, and title 9, chapter I, to reflect 
enactment of the Plant Protection Act (Pub. L. 106-224, 114 Stat. 438, 
7 U.S.C. 7701-7772). The final rule (66 FR 21049-21064, Docket No. 00-
063-2) revised the authority citations to the regulations and removed 
references to plant protection and quarantine statutes that were 
repealed by the Plant Protection Act. In a number of instances, the 
rule added references to the Plant Protection Act in the place of 
references to the repealed statutes, which included the Plant 
Quarantine Act (7 U.S.C. 151-164a, 167), the Federal Plant Pest Act (7 
U.S.C. 147a note, 150aa et seq.), and others.
    One of our changes, to 7 CFR part 330, was in error. In 7 CFR part 
330, ``Federal Plant Pest Regulations; General; Plant Pests; Soil, 
Stone, and Quarry Products; Garbage,'' we amended Sec.  330.106, 
``Emergency measures,'' by removing a reference to the Plant Quarantine 
Act and adding in its place a reference to the Plant Protection Act in 
the following sentence: ``This section does not authorize action with 
respect to any means of conveyance, product, article, or plant pest 
which, at the time of the proposed action, is subject to disposal under 
the Plant Quarantine Act.'' We should have removed the sentence.
    Prior to enactment of the Plant Protection Act, the Plant 
Quarantine Act authorized the Secretary to take actions to prevent the 
dissemination of plant pests by nursery stock and other plants and 
plant products, and the Federal Plant Pest Act, which came later, 
extended the Secretary's authority to any means of conveyance and other 
nonplant articles that presented a risk of disseminating plant pests. 
The regulations in part 330 were promulgated under the authority of the 
Federal Plant Pest Act. The Federal Plant Pest Act, in its section on 
emergency measures by the Secretary (7 U.S.C. 150dd), stated that 
``this subsection shall not authorize such action [meaning emergency 
measures, including disposal] with respect to any product, article, 
means of conveyance, or plant pest subject, at the time of the proposed 
action, to disposal under the Plant Quarantine Act.'' The sentence we 
amended in Sec.  330.106 paralleled this provision.
    The Plant Protection Act consolidated our authorities for 
preventing the dissemination of plant pests into one statute. Thus, the 
sentence we amended was no longer necessary and should have been 
removed. This document amends the regulations to remove that sentence.

List of Subjects in 7 CFR Part 330

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

0
Accordingly, we are amending 7 CFR part 330 as follows:

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

0
1. The authority citation for part 330 continues 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.


Sec.  330.106  [Amended]

0
2. In Sec.  330.106, paragraph (a) is amended by removing the sixth 
sentence.

    Done in Washington, DC, this 10th day of March, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-5870 Filed 3-15-04; 8:45 am]
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