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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

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.
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 We are also removing or revising citations and references to plant protection and quarantine statutes that were repealed as a result of the enactment of this law.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the authority citations throughout our regulations in titles 7 and 9, where appropriate, to remove duplicative or outdated citations and to reflect recent changes to the internal organization, functions, and delegations of authority within the Animal and Plant Health Inspection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.
DATES: 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 theFederal Registeron 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. 150aaet 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. 148et seq.);

6. The Halogeton Glomeratus Act (7 U.S.C. 1651et seq.);

7. The Golden Nematode Act (7 U.S.C. 150et 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 theFederal Registeron 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 theFederal 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. 601et 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
§ 301.38 [Amended]
3. In § 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
§ 301.45 [Amended]
4. In § 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)”.
§ 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
§ 301.48 [Amended]
6. In § 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, and150ee)” 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)”.
§ 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
§ 301.50 [Amended]
8. In § 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:
§ 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

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

(b) * * *

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

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

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

(b) * * *

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

Subpart—Pink Bollworm
§ 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
§ 301.64 [Amended]
12. In § 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 § 301.64-1, the definition ofPlant Protection and Quarantineis revised to read as follows:
§ 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 § 301.64-5, paragraphs (a)(2) and (b)(2), including footnote 5, are revised to read as follows:
§ 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

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

(b) * * *

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

Subpart—Plum Pox
§ 301.74 [Amended]
15. In § 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
§ 301.78 [Amended]
16. In § 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:
§ 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 toprevent the spread of the Mediterranean fruit fly; and

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

(b) * * *

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

Subpart—Witchweed 18. In § 301.80, paragraph (a) is revised to read as follows:
§ 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 (Strigaspp.), 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 § 301.80-1, the paragraph designations are removed and the definition ofPlant Protection and Quarantine Programsis revised to read as follows:
§ 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.

§ 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:
§ 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

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

(b) * * *

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

Subpart—Golden Nematode 22. In § 301.85, paragraph (a) is revised to read as follows:
§ 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 § 301.85-1, the paragraph designations are removed and the definition ofPlant Protection and Quarantine Programsis revised to read as follows:
§ 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.

§ 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:
§ 301.87 Quarantine; restrictions on interstate movement of regulated articles.1 2

1Any 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).

2Regulations concerning the movement of gummosis bacteria and leaf scald bacteria in interstate or foreign commerce are contained in part 330 of this chapter.

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

26. In § 301.87-1, the definition ofPlant Protection and Quarantineis revised to read as follows:
§ 301.87-1 Definitions.

Plant Protection and Quarantine.The organizational unit within the Animaland 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 § 301.87-5, paragraphs (a)(2) and (b)(2), including footnote 6, are revised to read as follows:
§ 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

6An 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:
§ 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

3An 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
§ 301.91 [Amended]
29. In the heading for § 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 § 301.91-1, the paragraph designations are removed and the definition ofPlant Protection and Quarantineis revised to read as follows:
§ 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 § 301.91-5, paragraphs (a)(2) and (b)(2), including footnote 3, are revised to read as follows:
§ 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

3An 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)3to prevent the spread of European larch canker; and

Subpart—Oriental Fruit Fly
§ 301.93 [Amended]
32. In § 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 § 301.93-5, paragraphs (a)(2) and (b)(2), including footnote 4, are revised to read as follows:
§ 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

4An 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)4to prevent the spread of the Oriental fruit fly; and

Subpart—Melon Fruit Fly
§ 301.97 [Amended]
34. In § 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:
§ 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

5An 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) toprevent 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 § 318.13, paragraph (a) is revised to read as follows:
§ 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 cucurbitaeCoq.), the oriental fruit fly (Bactrocera dorsalisHendl.), 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 sinicusBurm.), 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.

§ 318.13-12 [Amended]
39. In § 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 § 318.30, paragraph (b) is revised to read as follows:
§ 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 postfasciatusFairm.) and the sweetpotato stem borer (Omphisa anastomosalisGuen.).

Subpart—Territorial Cotton, Cottonseed, and Cottonseed Products 41. In § 318.47, paragraph (b) is revised to read as follows:
§ 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 § 318.58, paragraph (a) is revised to read as follows:
§ 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 fliesAnastrepha suspensa(Loew) andA. mombinpraeoptansSein; the bean pod borerMaruca testulalis(Geyer); and a cactus borer,Cactoblastis cactorum(Berg.).

Subpart—Sand, Soil, or Earth, with Plants from Territories and Districts 43. In § 318.60, paragraph (b) is revised to read as follows:
§ 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 § 318.82, paragraph (a) is revised to read as follows:
§ 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 sulcatulaBurm.,Furcaspis oceanicaLdgr.,Stephanoderes hampei(Ferr.),Pectinophora scutigera(Holdaway),Bactrocera dorsalisHend.,Bactrocera cucurbitae(Coq.),Maruca testulalis(Geyer),Lampides boeticus(L.),Prays endocarpaMeyr.,Prodenia litura(F.),Euscepes postfasciatus(Fairm.),Earias fabia(Stoll),Elsinoe batatas(Saw.) Viegas and Jenkins,Uredo dioscoreae-alataeRac.,Cercospora batataeZimm.,Coniothyriumsp.,Phyllosticta colocasiophilaWeed.,Xanthomonas vasculorum(Cobb) Dowson,Rhabdoscelus obscurus(Boisd.),Neomaskellia bergeii(Sign.),Pyrausta nubilalis(Hbn.),Physoderma zeaemaydisShaw,Leptocorisa acuta(Thunb.),Adoretus sinicusBurm., andHolotrichia mindanaonaBrenske. 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 thewords “sections 411-414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7711-7714, 7731, and 7754).” 47. In § 319.8-1, the paragraph designations are removed, the defined terms are placed in alphabetical order, and the definition ofInspectoris revised to read as follows:
§ 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.

§§ 319.8-2, 319.8-4, and 319.8-5 [Amended]
48. At the end of §§ 319.8-2, 319.8-4, and 319.8-5, the statutory authority citation “(44 U.S.C. 35)” is removed.
§ 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 § 319.15, paragraph (a) is revised to read as follows:
§ 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 § 319.24, paragraph (b) is revised to read as follows:
§ 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,andSclerachne,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.

§§ 319.24-1, 319.24-3, and 319.24-4 [Amended]
52. At the end of §§ 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 § 319.28, paragraph (a) is revised to read as follows:
§ 319.28 Notice of quarantine.

(a)(1) To prevent the introduction into the United States of citrus canker diseaseXanthomonas campestrispv.citri(Hasse) Dye, the importation of all fruits and peel of all genera, species, and varieties of the subfamiliesAurantioideae, Rutoideae,andToddalioideaeof the botanical familyRutaceaefrom 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 australisBitanc. and Jenkins), the importation of fruits and peel of all species and varieties of the genusCitrus,includingCitrus aurantifolia(Christm.) Swingle,C. aurantiumL.,C. hystrixDC.,C. limon(L.) Burm. f.,C. paradisiMacf.,C. reticulataBlanco,C. sinensis(L.) Osbeck, andFortunella margarita(Lour.) Swingle, from Argentina (except as provided by § 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 genusCitrus,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 §§ 319.37 through 319.37-27.

Subpart—Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products 54. In § 319.37-1, the definition ofPlant Protection and Quarantine Programsis revised to read as follows:
§ 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:
§ 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

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

(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

§ 319.37-5 [Amended]
56. At the end of § 319.37-5, the statutory authority citation “(44 U.S.C. 35)” is removed.
§ 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)”.
§ 319.37-8 [Amended]
58. At the end of § 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.
§§ 319.37-10 and 319.37-11 [Amended]
59. At the end of §§ 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 § 319.40-4, paragraph (c), including footnote 2, is revised to read as follows:
§ 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

2An 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).

§ 319.40-9 [Amended]
61. In § 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 § 319.41, paragraphs (b) and (c) are revised to read as follows:
§ 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 maysL.), broomcorn(Andropogon sorghumvar.technicus), sweet sorghums (Andropogon sorghum), grain sorghums(Andropogon sorghum), Sudan grass (Andropogon sorghumsudanensis), 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.

§§ 319.41-2, 319.41-4, and 319.41-6 [Amended]
63. At the end of §§ 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 § 319.55, paragraphs (b) and (c) are revised to read as follows:
§ 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.

§§ 319.55-2, 319.55-5, and 319.55-7 [Amended]
65. At the end of §§ 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 § 319.56, paragraphs (b) and (c) are revised to read as follows:
§ 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