This section of the FEDERAL REGISTER

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

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

57993 

Vol. 70, No. 192 

Wednesday, October 5, 2005 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 300, 301, 302, 305, 318, 

319, 322, 330, 340, 351, 352, 353, 354, 

360, 371, and 380 

9 CFR Part 94 

[Docket No. 05–012–2] 

Noxious Weed Control and Eradication 

Act; Revisions to Authority Citations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

authority citations in title 7, chapter III, 

and title 9, part 94, to reflect the 

enactment of the Noxious Weed Control 

and Eradication Act of 2004 (Pub. L. 

108–412, 118 Stat. 2320, 7 U.S.C. 7781– 

7786), which amended the Plant 

Protection Act. 

EFFECTIVE DATE: October 5, 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 

In a final rule published in the 

Federal Register on September 23, 2005 

(70 FR 55705–55706, Docket No. 05– 

012–1), the Secretary of Agriculture 

delegated to the Animal and Plant 

Health Inspection Service (APHIS) the 

authority to carry out the Noxious Weed 

Control and Eradication Act of 2004, 

(Pub. L. 108–412, 118 Stat. 2321, 7 

U.S.C. 7781–7786). 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 Plant Protection Act 

amendment in our authority citations. 

This final rule makes those changes to 

the authority citations. 

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 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 Parts 300, 301, 302, 305, 318, 319, 

322, 330, 340, 351, 352, 353, 354, 360, 

371, and 380 

Administrative practice and 

procedure, Agricultural commodities, 

Animal diseases, Authority delegations 

(Government agencies), Bees, 

Biotechnology, Coffee, Cotton, 

Cottonseeds, Customs duties and 

inspection, District of Columbia, 

Exports, Fruits, Genetic engineering, 

Government employees, Guam, Hawaii, 

Honey, Imports, Irradiation, Logs, 

Nursery stock, Organization and 

functions (Government agencies), 

Packaging and containers, Phytosanitary 

treatment, Plant diseases and pests, 

Plants (Agriculture), Postal Service, 

Puerto Rico, Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Transportation, Travel and 

transportation expenses, Vegetables, 

Virgin Islands, Weeds. 

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, 305, 318, 319, 322, 

330, 340, 351, 352, 353, 354, 360, 371, 

and 380, and 9 CFR part 94 as follows: 

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 and 7781– 

7786; 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. 7701–7772 and 7781– 

7786; 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; sections 301.75–15 and 301.75– 

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note). 

PART 302—DISTRICT OF COLUMBIA; 

MOVEMENT OF PLANT AND PLANT 

PRODUCTS 

■ 3. The authority citation for part 302 

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 305—PHYTOSANITARY 

TREATMENTS 

■ 4. The authority citation for part 305 

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 318—HAWAIIAN AND 

TERRITORIAL QUARANTINE NOTICES 

■ 5. The authority citation for part 318 

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 319—FOREIGN QUARANTINE 

NOTICES 

■ 6. The authority citation for part 319 

is revised to read as follows: 

Authority: 7 U.S.C. 450 and 7701–7772 

and 7781–7786; 21 U.S.C. 136 and 136a; 7 

CFR 2.22, 2.80, and 371.3. 

PART 322—BEES, BEEKEEPING 

BYPRODUCTS, AND BEEKEEPING 

EQUIPMENT 

■ 7. The authority citation for part 322 

is revised to read as follows: 

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.