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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

55705 

Vol. 70, No. 184 

Friday, September 23, 2005 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 2 

Animal and Plant Health Inspection 

Service 

7 CFR Part 371 

[Docket No. 05–012–1] 

Noxious Weed Control and Eradication 

Act; Delegation of Authority 

AGENCY: Office of the Secretary and 

Animal and Plant Health Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: This document delegates the 

authority given to the Secretary of 

Agriculture under the Noxious Weed 

Control and Eradication Act of 2004 to 

establish a program to provide financial 

and technical assistance to control or 

eradicate noxious weeds. Authority is 

delegated from the Secretary of 

Agriculture to the Under Secretary for 

Marketing and Regulatory Programs; 

from that official to the Administrator of 

the Animal and Plant Health Inspection 

Service; and from the Administrator of 

the Animal and Plant Health Inspection 

Service to the Deputy Administrator for 

Plant Protection and Quarantine. In 

addition, this document also removes 

references to statutes that were repealed 

upon enactment of the Plant Protection 

Act and statutes that were repealed 

upon enactment of the Animal Health 

Protection Act. 

DATES: Effective Date: September 23, 

2005. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alan V. Tasker, Noxious Weeds Program 

Coordinator, Invasive Species and Pest 

Management, PPQ, APHIS, 4700 River 

Road Unit 134, Riverdale, MD 20737– 

1237; (301) 734–5225. 

SUPPLEMENTARY INFORMATION: 

Background 

The Noxious Weed Control and 

Eradication Act of 2004 (Pub. L. 108– 

412) amended the Plant Protection Act 

(PPA, Pub. L. 106–224, 7 U.S.C. 7701– 

7772) by adding a new subtitle, 

‘‘Subtitle E—Noxious Weed Control and 

Eradication’’ (7 U.S.C. 7781–7786), 

which authorizes the Secretary of 

Agriculture to establish a program to 

provide financial and technical 

assistance to control or eradicate 

noxious weeds. This rule delegates that 

authority from the Secretary of 

Agriculture to the Under Secretary for 

Marketing and Regulatory Programs; 

from that official to the Administrator of 

the Animal and Plant Health Inspection 

Service; and from the Administrator of 

the Animal and Plant Health Inspection 

Service to the Deputy Administrator for 

Plant Protection and Quarantine. 

This rule also amends the delegations 

of authority to remove references to 

statutes that were repealed upon 

enactment of the PPA and the Animal 

Health Protection Act (AHPA, Pub. L. 

107–171, 7 U.S.C. 8301–8317). 

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.); 

6. The Halogen 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 the 

Department of Agriculture Organic Act 

of 1944 (7 U.S.C. 147a). 

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. Public Law 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 Public 

Law 87–518 (21 U.S.C. 134 through 

134h); 

18. Public Law 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. 

We will further amend title 7 and title 

9 of the Code of Federal Regulations in 

a future rulemaking action to update 

authority citations for the Plant 

Protection Act. 

This rule relates to internal agency 

management. Therefore, this rule is 

55706 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

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 2 

Authority delegations (Government 

agencies). 

7 CFR Part 371 

Organization and functions 

(Government agencies). 

■ Accordingly, 7 CFR parts 2 and 371 

are amended as follows: 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 

301; Reorganization Plan No. 2 of 1953, 3 

CFR 1949–1953 Comp., p. 1024. 

Subpart C—Delegations of Authority to 

the Deputy Secretary, the Under 

Secretaries and Assistant Secretaries 

■ 2. In § 2.22, paragraph (a)(2) is 

amended as follows: 

■ a. By removing paragraphs (a)(2)(ii) 

through (a)(2)(vi), paragraphs (a)(2)(ix) 

through (a)(2)(xvii), and paragraph 

(a)(2)(xix). 

■ b. By redesignating paragraphs 

(a)(2)(vii) and (a)(2)(viii) as paragraphs 

(a)(2)(ii) and (a)(2)(iii), paragraph 

(a)(2)(xviii) as (a)(2)(iv), and paragraphs 

(a)(2)(xx) through (a)(2)(xlx) as 

paragraphs (a)(2)(v) through (a)(2)(xxxv), 

respectively. 

■ c. By revising newly redesignated 

paragraphs (a)(2)(iv), (a)(2)(xi), 

(a)(2)(xv), and (a)(2)(xxxi) to read as set 

forth below. 

§ 2.22 Under Secretary for Marketing and 

Regulatory Programs. 

(a) * * * 

(2) * * * 

(iv) Section 18 of the Federal Meat 

Inspection Act, as amended, as it 

pertains to the issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 618); 

* * * * * 

(xi) Virus-Serum-Toxin Act (21 U.S.C. 

151–159). 

* * * * * 

(xv) The Federal Noxious Weed Act of 

1974, as amended (7 U.S.C. 2801 note; 

2814). 

* * * * * 

(xxxii) Plant Protection Act, as 

amended (7 U.S.C. 7701–7786). 

* * * * * 

Subpart N—Delegations of Authority 

by the Under Secretary for Marketing 

and Regulatory Programs 

■ 3. In § 2.80, paragraph (a) is amended 

as follows: 

■ a. By removing paragraphs (a)(2) 

through (a)(6), paragraphs (a)(9) through 

(a)(17), and paragraph (a)(19). 

■ b. By redesignating paragraphs (a)(7) 

and (a)(8) as paragraphs (a)(2) and (a)(3), 

paragraph (a)(18) as (a)(4), and 

paragraphs (a)(20) through (a)(56) as 

paragraphs (a)(5) through (a)(41), 

respectively. 

■ c. By revising newly redesignated 

paragraphs (a)(4), (a)(11), (a)(16), and 

(a)(36) to read as set forth below. 

§ 2.80 Administrator, Animal and Plant 

Health Inspection Service. 

(a) * * * 

(4) Section 18 of the Federal Meat 

Inspection Act, as amended, as it 

pertains to the issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 618). 

* * * * * 

(11) Virus-Serum-Toxin Act (21 

U.S.C. 151–159). 

* * * * * 

(16) The Federal Noxious Weed Act of 

1974, as amended (7 U.S.C. 2801 note; 

2814). 

* * * * * 

(36) Plant Protection Act, as amended 

(7 U.S.C. 7701–7786). 

* * * * * 

PART 371—ORGANIZATION, 

FUNCTIONS, AND DELEGATIONS OF 

AUTHORITY 

■ 4. The authority citation for part 371 

continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 5. In § 371.3, paragraph (b)(2)(x) is 

revised to read as follows: 

§ 371.3 Plant protection and quarantine. 

* * * * * 

(b) * * * 

(2) * * * 

(x) Plant Protection Act, as amended 

(7 U.S.C. 7701–7786). 

* * * * * 

■ 6. In § 371.4, paragraph (b) is amended 

as follows: 

■ a. By removing paragraphs (b)(3)(i) 

through (b)(3)(viii), and paragraph 

(b)(3)(x). 

■ b. By redesignating paragraphs 

(b)(3)(ix) as paragraph (b)(3)(i) and 

paragraphs (b)(3)(xi) through (b)(3)(xxiv) 

as paragraphs (b)(3)(ii) through 

(b)(3)(xv), respectively. 

■ c. By revising newly redesignated 

paragraph (b)(3)(i) to read as set forth 

below. 

§ 371.4 Veterinary Services. 

* * * * * 

(b) * * * 

(3) * * * 

(i) Section 18 of the Federal Meat 

Inspection Act, as amended, as it 

pertains to the issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 618). 

* * * * * 

For Part 2, Subpart C: 

Dated: September 20, 2005. 

Mike Johanns, 

Secretary of Agriculture. 

For Part 2, Subpart N: 

Dated: September 20, 2005. 

Charles D. Lambert, 

Acting Under Secretary for Marketing and 

Regulatory Programs. 

For Part 371: 

Dated: September 20, 2005. 

W. Ron DeHaven, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 05–19044 Filed 9–22–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Research Service 

7 CFR Part 500 

RIN 0518–AA02 

National Arboretum 

AGENCY: Agricultural Research Service; 

Research, Education, and Economics; 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is modifying the 

rules of conduct at the United States 

National Arboretum (USNA) and the 

schedule of fees to be charged for 

certain uses of the facilities, grounds, 

and services at the USNA.