57994 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

Authority: 7 U.S.C. 281; 7 U.S.C. 7701–

7772 and 7781–7786; 7 CFR 2.22, 2.80, and 

371.3. 

PART 330—FEDERAL PLANT PEST 

REGULATIONS; GENERAL; PLANT 

PESTS; SOIL, STONE, AND QUARRY 

PRODUCTS; GARBAGE 

■ 8. The authority citation for part 330 

is revised to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, 7781–

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.3. 

PART 340—INTRODUCTION OF 

ORGANISMS AND PRODUCTS 

ALTERED OR PRODUCED THROUGH 

GENETIC ENGINEERING WHICH ARE 

PLANT PESTS OR WHICH THERE IS 

REASON TO BELIEVE ARE PLANT 

PESTS 

■ 9. The authority citation for part 340 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.3. 

PART 351—IMPORTATION OF PLANTS 

OR PLANT PRODUCTS BY MAIL 

■ 10. The authority citation for part 351 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

Cross Reference: For customs 

regulations governing importation of 

plants and plant products, see 19 CFR 

part 12. 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

PART 352—PLANT QUARANTINE 

SAFEGUARD REGULATIONS 

■ 11. The authority citation for part 352 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 21 U.S.C. 136 and 136a; 31 U.S.C. 

9701; 7 CFR 2.22, 2.80, and 371.3. 

PART 353—EXPORT CERTIFICATION 

■ 12. The authority citation for part 353 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 

2.80, and 371.3. 

PART 354—OVERTIME SERVICES 

RELATED TO IMPORTS AND 

EXPORTS; AND USER FEES 

■ 13. The authority citation for part 354 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772, 7781–7786, 

and 8301–8317; 21 U.S.C. 136 and 136a; 49 

U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3. 

PART 360—NOXIOUS WEED 

REGULATIONS 

■ 14. The authority citation for part 360 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

PART 371—ORGANIZATION, 

FUNCTIONS, AND DELEGATIONS OF 

AUTHORITY 

■ 15. The authority citation for part 371 

continues to read as follows: 

Authority: 5 U.S.C. 301. 

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

amended by removing the citation ‘‘7 

U.S.C. 7701–7772’’ and adding the 

citation ‘‘7 U.S.C. 7701–7772 and 7781–

7786’’ in its place. 

PART 380—RULES OF PRACTICE 

GOVERNING PROCEEDINGS UNDER 

CERTAIN ACTS 

■ 17. The authority citation for part 380 

is revised to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 16 U.S.C. 1540(a), 3373(a) and (b); 7 

CFR 2.22, 2.80, and 371.3. 

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL 

PLAGUE), EXOTIC NEWCASTLE 

DISEASE, AFRICAN SWINE FEVER, 

CLASSICAL SWINE FEVER, AND 

BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS 

■ 18. The authority citation for part 94 

is revised to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, 7781–

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.4. 

Done in Washington, DC, this 29th day of 

September 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–19945 Filed 10–4–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 355 

[Docket No. 04–137–1] 

Protected Plant Permits 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

endangered species regulations 

concerning terrestrial plants by 

replacing all references to ‘‘general 

permits’’ with references to ‘‘protected 

plant permits.’’ This final rule is 

necessary for the regulations to reflect 

the change in the name of the permit. 

We are also updating a mailing address 

in the regulations and making other 

nonsubstantive editorial changes. 

EFFECTIVE DATE: October 5, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gail Jennings, Regulatory Permit 

Specialist, Permit Services, PPQ, 

APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737–1231; (301) 734–

7472. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 355, 

‘‘Endangered Species Regulations 

Concerning Terrestrial Plants’’ (referred 

to below as the regulations), pertain to 

the importation, exportation, or 

reexportation of terrestrial plants that 

are listed as endangered or threatened in 

the Endangered Species Act (referred to 

below as the Act). Section 355.11 

requires any person wishing to import, 

export, or reexport plants listed in the 

Act to obtain a general permit by 

following the application procedure 

described in that section. 

The name of the general permit has 

been changed to ‘‘protected plant 

permit.’’ We are amending the 

regulations to reflect the new name. As 

part of that change, we are adding a 

definition of protected plant permit that 

provides the permit’s form number and 

complete name. This new definition 

serves the same purpose as footnote 3 in 

§ 355.11, so we are removing that 

footnote and redesignating the 

remaining footnotes in part 355 

accordingly. 

We are also updating the address to 

which permit applications are 

submitted, adding an Internet address 

and telephone number that can be used 

to obtain a permit application, and 

correcting a misspelling. 

This rule relates to internal agency 

management. Therefore, pursuant to 5 

U.S.C. 553, notice of proposed 

rulemaking and opportunity to 

comment are not required, and this rule 

may be made effective less than 30 days 

after publication in the Federal 

Register. Further, since this rule relates 

to internal agency management, it is 

exempt from the provisions of Executive 

Orders 12866 and 12988. Finally, this 

action is not a rule as defined by the 

Regulatory Flexibility Act, and thus is 

exempt from the provisions of that Act. 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 57995 

3Application forms are available on the Internet 

(http://www.aphis.usda.gov/ppq/permits), by 

calling (877) 770–5990, or by writing to the address 

in this paragraph. Application forms may also be 

obtained from local offices at any of the ports 

designated in 50 CFR part 24. Telephone numbers 

and addresses of local offices are listed in telephone 

directories. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 355 

Endangered and threatened species, 

Exports, Imports, Law enforcement, 

Plants (Agriculture), Reporting and 

recordkeeping requirements. 

■ Accordingly, 7 CFR part 355 is 

amended as follows: 

PART 355—ENDANGERED SPECIES 

REGULATIONS CONCERNING 

TERRESTRIAL PLANTS 

■ 1. The authority citation for part 355 

continues to read as follows: 

Authority: 16 U.S.C. 1532, 1538, and 1540; 

7 CFR 2.22, 2.80, and 371.3. 

■ 2. Section 355.2 is amended by 

adding, in alphabetical order, a 

definition of protected plant permit to 

read as follows. 

§ 355.2 Definitions. 

* * * * * 

Protected plant permit. PPQ Form 

622, ‘‘Protected Plant Permit to Engage 

in the Business of Importing, Exporting, 

or Reexporting Terrestrial Plants 

Regulated by 50 CFR 17.12 and 23.23.’’

* * * * * 

§ 355.10 [Amended] 

■ 3. Section 355.10 is amended by 

removing the word ‘‘general’’ and 

adding the words ‘‘protected plant’’ in 

its place. 

■ 4. Section 355.11 is amended as 

follows: 

■ a. By removing footnote 3 and revising 

the section heading and the 

introductory text of paragraph (b) to 

read as set forth below. 

■ b. By removing the word ‘‘general’’

and adding in its place the words 

‘‘protected plant’’ in the following 

places: 

i. Paragraph (a). 

ii. Paragraph (b). 

iii. Paragraph (c). 

iv. Paragraph (d), both times it 

appears. 

v. Paragraph (e), all three times it 

appears. 

vi. Paragraph (h), all three times it 

appears. 

vii. Paragraph (i)(1), first sentence, 

both times it appears. 

viii. Paragraph (i)(2), introductory 

text, both times it appears. 

■ c. In paragraph (b)(5), by correcting 

the word ‘‘similiar’’ to read ‘‘similar’’. 

§ 355.11 Protected plant permits. 

* * * * * 

(b) An application for a protected 

plant permit shall be submitted to the 

Animal and Plant Health Inspection 

Service, Plant Protection and 

Quarantine, Permit Services, 4700 River 

Road Unit 133, Riverdale, MD 20737–

1236. The completed application shall 

include the following information: 3

* * * * * 

§ 355.20 [Amended] 

■ 5. In § 355.20, footnote 5 is 

redesignated as footnote 4. 

§ 355.22 [Amended] 

■ 5. In § 355.22, footnote 6 is 

redesignated as footnote 5. 

Done in Washington, DC, this 29th day of 

September 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–19944 Filed 10–4–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 979 

[Docket No. FV05–979–2 IFR] 

Melons Grown in South Texas; 

Continued Suspension of Handling 

and Assessment Collection 

Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule continues in effect 

indefinitely a suspension of the 

minimum grade, quality, maturity, 

container, pack, inspection, assessment 

collection, and other related 

requirements prescribed under the 

South Texas melon (cantaloupes and 

honeydews) marketing order (order). It 

also continues in effect a suspension of 

reporting requirements under the order. 

These requirements were initially 

suspended for the 2004–05 fiscal period 

to allow the South Texas melon 

industry to evaluate the need for the 

marketing order. This action also 

suspends one remaining reporting 

requirement in effect. The order 

regulates the handling of melons grown 

in South Texas and is administered 

locally by the South Texas Melon 

Committee (Committee). On September 

7, 2005, the Committee recommended 

termination of the order. This rule will 

relieve handlers of regulatory 

requirements while the Department of 

Agriculture (USDA) evaluates the 

Committee’s recommendation to 

terminate the order. 

DATES: Effective October 6, 2005. 

Comments received by November 4, 

2005 will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http:// 

www.ams.usda.gov/fv/moab.html. 

FOR FURTHER INFORMATION CONTACT: 

Martin J. Engeler, Senior Marketing 

Specialist, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, Suite 102–B, Fresno, 

California 93721; telephone: (559) 487–

5110, Fax: (559) 487–5906; or Kathleen 

M. Finn, Formal Rulemaking Team 

Leader, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 156 and Order No. 979 (7 CFR part 

979), regulating the handling of melons 

grown in South Texas, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as