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Animal Health Protection Act; Revisions to Authority Citations

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Start Preamble

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 Animal Health Protection Act (Pub. L. 107-171, 116 Stat. 494, 7 U.S.C. 8301 et seq.) in our lists of legal authorities. We are also removing or revising citations and references to animal health statutes that were repealed by the Animal Health Protection Act. 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the authority citations throughout our regulations in titles 7 and 9, where appropriate, to remove duplicative or outdated citations and are making other nonsubstantive editorial changes in the regulations for the sake of clarity.

EFFECTIVE DATE:

February 7, 2003.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Background

In a memorandum titled “Delegations of Authority Farm Security and Rural Investment Act of 2002 (FSRIA),” dated July 10, 2002, the Secretary of Agriculture delegated to the Animal and Plant Health Inspection Service (APHIS) the authority to carry out Subtitle E of FSRIA, known as the Animal Health Protection Act (AHPA ) (Subtitle E, Pub. L. 107-171, 116 Stat. 494, 7 U.S.C. 8301 et seq.). In this document, we are amending titles 7 and 9 of the Code of Federal Regulations (referred to below as the regulations) to reflect the AHPA in our lists of legal authorities, update authority citations, and remove references to statutes that were repealed by the AHPA.

The AHPA repealed the following statutes: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. Pub. L. 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 Pub. L. 87-518 (21 U.S.C. 134 through 134h);

18. Pub. L. 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.

In this document we are also making other changes to the regulations, not related to enactment of the AHPA. We are:

1. Updating or removing from the regulations several outdated or extraneous authority citations;

2. Correcting several erroneous or outdated specific references to material in the U.S. Code and Code of Federal Regulations; and Start Printed Page 6342

3. Making other 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 Orders 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.

Start List of Subjects

List of Subjects

, 51, 52, 53, 70, 73, and 79

, 94, 98, 99, and 124.

, 161, and 166

End List of Subjects

Accordingly, we are amending 7 CFR parts 330 and 354 and 9 CFR parts 4, 11, 12, 49, 50, 51, 52, 53, 54, 70, 71, 72, 73, 74, 75, 77, 78, 79, 80, 85, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 122, 123, 124, 130, 145, 147, 160, 161, 162, and 166 as follows:

Title 7—Agriculture

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

End Part Start Amendment Part

1. The authority citation for part 330 is revised to read as follows:

End Amendment Part Start Authority

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.

End Authority Start Amendment Part

2. In § 330.400, paragraph (f)(2) is revised to read as follows:

End Amendment Part
Regulation of certain garbage.
* * * * *

(f) * * *

(2) Regulated garbage is subject to general surveillance for compliance with this section by Animal and Plant Health Inspection Service inspectors and to disposal measures authorized by the Plant Protection Act and the Animal Health Protection Act to prevent the introduction and dissemination of pests and diseases of plants and livestock.

* * * * *
Start Part

PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES

End Part Start Amendment Part

3. The authority citation for part 354 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.

End Authority

Title 9—Animals and Animal Products

Start Part

PART 4—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL WELFARE ACT

End Part Start Amendment Part

4. The authority citation for part 4 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 2149 and 2151; 7 CFR 2.22, 2.80, and 371.7.

End Authority Start Part

PART 11—HORSE PROTECTION REGULATIONS

End Part Start Amendment Part

5. The authority citation for part 11 is revised to read as follows:

End Amendment Part Start Authority

Authority: 15 U.S.C. 1823-1825 and 1828; 7 CFR 2.22, 2.80, and 371.7.

End Authority Start Part

PART 12—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE HORSE PROTECTION ACT

End Part Start Amendment Part

6. In part 12, the citations “(84 Stat. 1406;

End Amendment Part Start Authority

Authority: 15 U.S.C. 1825 and 1828; 7 CFR 2.22, 2.80, and 371.7.

End Authority Start Part

PART 49—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

End Part Start Amendment Part

7. The authority citation for part 49 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

8. In section 49.1, the list of statutory provisions is amended by adding, in alphabetical order, an entry that reads: “The Animal Health Protection Act (

End Amendment Part Start Part

PART 50—ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

End Part Start Amendment Part

9. The authority citation for part 50 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

End Part Start Amendment Part

10. The authority citation for part 51 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

11. In § 51.1, the definition of

End Amendment Part Start Part

PART 52—SWINE DESTROYED BECAUSE OF PSEUDORABIES

End Part Start Amendment Part

12. The authority citation for part 52 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

13. In § 52.1, the definition of

End Amendment Part Start Part

PART 53—FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

End Part Start Amendment Part

14. The authority citation for part 53 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
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[Amended]
Start Amendment Part

15. Section 53.3 is amended by removing the citation “(

End Amendment Part Start Part

PART 54—CONTROL OF SCRAPIE

End Part Start Amendment Part

16. The authority citation for part 54 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 70—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

End Part Start Amendment Part

17. The authority citation for part 70 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

18. In § 70.1, the list of statutory provisions is amended by adding, in alphabetical order, an entry that reads: “The Animal Health Protection Act (

End Amendment Part Start Part

PART 71—GENERAL PROVISIONS

End Part Start Amendment Part

19. The authority citation for part 71 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 72—TEXAS (SPLENETIC) FEVER IN CATTLE

End Part Start Amendment Part

20. The authority citation for part 72 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 73—SCABIES IN CATTLE

End Part Start Amendment Part

21. The authority citation for part 73 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Amendment Part

22. In § 73.1b, the first sentence is revised to read as follows:

End Amendment Part
Quarantine policy.

Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Secretary may promulgate regulations and may prohibit or restrict the movement in interstate commerce of any animal, article, or means of conveyance as the Secretary determines necessary to prevent the introduction or dissemination of any pest or disease of livestock. * * *

Start Part

PART 74—PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

End Part Start Amendment Part

23. The authority citation for part 74 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 75—COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS

End Part Start Amendment Part

24. The authority citation for part 75 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 77—TUBERCULOSIS

End Part Start Amendment Part

25. The authority citation for part 77 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 78—BRUCELLOSIS

End Part Start Amendment Part

26. The authority citation for part 78 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 79—SCRAPIE IN SHEEP AND GOATS

End Part Start Amendment Part

27. The authority citation for part 79 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

28. In § 79.2, paragraph (f)(3), the second-to-last sentence is amended by removing the citation “

End Amendment Part Start Part

PART 80—JOHNE'S DISEASE IN DOMESTIC ANIMALS

End Part Start Amendment Part

29. The authority citation for part 80 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 85—PSEUDORABIES

End Part Start Amendment Part

30. The authority citation for part 85 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW

End Part Start Amendment Part

31. The authority citation for part 89 is revised to read as follows:

End Amendment Part Start Authority

Authority: 49 U.S.C. 80502; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 91—INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

End Part Start Amendment Part

32. The authority citation for part 91 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 92—IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR REQUESTING RECOGNITION OF REGIONS

End Part Start Amendment Part

33. The authority citation for part 92 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

End Part Start Amendment Part

34. The authority citation for part 93 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

35. In § 93.101, paragraph (d)(1)(ii) is amended by removing the words “as provided in section 5 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

36. Section 93.106 is amended as follows:

End Amendment Part Start Amendment Part

a. In paragraph (a), by removing the words “, in accordance with the provisions of section 2 of the Act of July 2, 1962 (

End Amendment Part Start Amendment Part

b. In paragraph (b)(4), by removing the words “, in accordance with § 2 of the Act of July 2, 1962 (

End Amendment Part Start Amendment Part

c. In paragraph (c)(5)(iii), in the first paragraph of the text of the cooperative and trust fund agreement, by removing the words “section 2 of the Act of February 2, 1903, as amended, section 11 of the Act of May 29, 1884, as amended, and section 4 of the Act of July 2, 1962 (

End Amendment Part
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[Amended]
Start Amendment Part

37. In § 93.201, paragraph (b)(1)(ii) is amended by removing the words “as provided in section 5 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

38. In § 93.202, paragraph (a) is amended by removing the citation “(

End Amendment Part
[Amended]
Start Amendment Part

39. Section 93.207 is amended by removing the words “in accordance with provisions of section 2 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

40. In § 93.301, paragraph (b)(1)(ii) is amended by removing the words “as provided in section 5 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

41. In § 93.302, paragraph (a) is amended by removing the citation “(

End Amendment Part
[Amended]
Start Amendment Part

42. Section 93.306 is amended by removing the paragraph designation “(a)” from the regulatory text of the section, and by removing the words “in accordance with provisions of section 2 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

43. Section 93.401 is amended as follows:

End Amendment Part Start Amendment Part

a. In paragraph (a), by removing the words “except as prohibited by section 306 of the Act of June 17, 1930, as amended (

End Amendment Part Start Amendment Part

b. In paragraph (b), in the introductory text, by removing the words “by section 306 of the Act of June 17, 1930, as amended (

End Amendment Part Start Amendment Part

c. In paragraph (b)(1)(ii), by removing the words “as provided in section 5 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

44. In § 93.402, paragraph (a) is amended by removing the citation “(

End Amendment Part Start Amendment Part

45. In § 93.404, paragraph (a)(2) is revised to read as follows:

End Amendment Part
Import permits for ruminants and for ruminant test specimens for diagnostic purposes; and reservation fees for space at quarantine facilities maintained by APHIS.

(a) * * *

(2) An application for permit to import will be denied for domestic ruminants from any region designated in § 94.1 of this chapter as a region where rinderpest or foot-and-mouth disease exists.

* * * * *
[Amended]
Start Amendment Part

46. In § 93.405, paragraph (d) is amended by removing the words “thereafter in accordance with the provisions of section 8 of the Act of August 30, 1890 (26 Stat. 416;

End Amendment Part
[Amended]
Start Amendment Part

47. Section 93.408 is amended by removing the words “provisions of section 2 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

48. In § 93.419, paragraph (b) is amended by removing the words “thereafter in accordance with the provisions of section 8 of the act of August 30, 1890 (26 Stat. 416;

End Amendment Part
[Amended]
Start Amendment Part

49. In § 93.423, paragraph (d) is amended by removing the words “thereafter in accordance with the provisions of section 8 of the act of August 30, 1890 (26 Stat. 416;

End Amendment Part
[Amended]
Start Amendment Part

50. In § 93.426, paragraph (a) is amended by removing the words “thereafter in accordance with provisions of section 8 of the Act of August 30, 1890 (26 Stat. 416;

End Amendment Part
[Amended]
Start Amendment Part

51. In § 93.428, paragraph (c) is amended by removing the words “thereafter in accordance with the provisions of section 8 of the act of August 30, 1890 (26 Stat. 416;

End Amendment Part
[Amended]
Start Amendment Part

52. Section 93.501 is amended as follows:

End Amendment Part Start Amendment Part

a. In paragraph (a), by removing the words “except as prohibited by section 306 of the Act of June 17, 1930, as amended (

End Amendment Part Start Amendment Part

b. In paragraph (b), in the introductory text, by removing the words “by section 306 of the Act of June 17, 1930, as amended (

End Amendment Part Start Amendment Part

c. In paragraph (b)(1)(ii), by removing the words “as provided in section 5 of the Act of July 2, 1962 (

End Amendment Part
[Amended]
Start Amendment Part

53. In § 93.502, paragraph (a) is amended by removing the citation “(

End Amendment Part Start Amendment Part

54. In § 93.504, paragraph (a)(2) is revised to read as follows:

End Amendment Part
Import permits for swine and for swine specimens for diagnostic purposes; and reservation fees for space at quarantine facilities maintained by APHIS.

(a) * * *

(2) An application for permit to import will be denied for domestic swine from any region designated in § 94.1 of this chapter as a region where rinderpest or foot-and-mouth disease exists.

* * * * *
[Amended]
Start Amendment Part

55. In § 93.505, paragraph (c) is amended by removing the words “thereafter in accordance with the provisions of section 8 of the act of August 30, 1890 (26 Stat. 416;

End Amendment Part
[Amended]
Start Amendment Part

56. Section 93.507 is amended by removing the paragraph designation “(a)” from the regulatory text of the section, and by removing the words “in accordance with provisions of section 2 of the Act of July 2, 1962 (

End Amendment Part Start Amendment Part

57. In the center heading “Central America and West Indies” that

End Amendment Part Start Part

PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

End Part Start Amendment Part

58. The authority citation for part 94 is revised to read as follows:

End Amendment Part Start Authority

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 371.4.

End Authority
[Amended]
Start Amendment Part

59. In § 94.1, the introductory text of paragraph (a) is amended by removing the words “section 306 of the Act of June 17, 1930, as amended (

End Amendment Part
[Amended]
Start Amendment Part

60. In § 94.1a, the introductory text of paragraph (a) is amended by removing the words “for the purposes of section 306(a) of the Act of June 17, 1930, as amended (

End Amendment Part
[Amended]
Start Amendment Part

61. In § 94.4, paragraph (b)(2) is amended by removing the citation “(

End Amendment Part
[Amended]
Start Amendment Part

62. In § 94.5, paragraph (e)(2) is amended by removing the words “, section 2 of the Act of February 2, 1903, as amended (

End Amendment Part Start Amendment Part

63. Section 94.7 is revised to read as follows:

End Amendment Part
Disposal of animals, meats, and other articles ineligible for importation.

(a) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States by ocean vessel and are offered for entry and refused admission into this country, shall be destroyed or otherwise disposed of as the Administrator may direct, unless they are exported by the consignee within 48 hours, and meanwhile are retained under such isolation and other safeguards as the Administrator may require to prevent the introduction or dissemination of livestock diseases into the United States.

(b) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States aboard an airplane or railroad car and are offered for entry and refused admission into this country, shall be destroyed or otherwise disposed of as the Administrator may direct, unless they are exported by the consignee within 24 hours, and meanwhile are retained under such isolation and other safeguards as the Administrator may require to prevent the introduction or dissemination of livestock diseases into the United States.

(c) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States by any means other than ocean vessel, airplane, or railroad car and are offered for entry and refused admission into this country, shall be destroyed or otherwise disposed of as the Administrator may direct, unless they are exported by the consignee within 8 hours, and meanwhile are retained under such isolation and other safeguards as the Administrator may require to prevent the introduction or dissemination of livestock diseases into the United States.

(d) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States by any means but are not offered for entry into this country, and other animals, meats, and other articles prohibited importation under other sections of this part, which come into the United States by any means, whether they are offered for entry into this country or not, shall be immediately destroyed or otherwise disposed of as the Administrator may direct at any time.

[Amended]

64. In § 94.15, paragraphs (b)(4) and (c)(4) are amended by removing the words “section 2 of the Act of February 2, 1903, as amended (21 U.S.C. 111)” and adding the words “the Animal Health Protection Act (7 U.S.C. 8301 et seq.)” in their place.

Start Part

PART 95—SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

End Part Start Amendment Part

65. The authority citation for part 95 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 96—RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS OFFERED FOR ENTRY INTO THE UNITED STATES

End Part Start Amendment Part

66. The authority citation for part 96 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 97—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

End Part Start Amendment Part

67. The authority citation for part 97 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.4.

End Authority Start Part

PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

End Part Start Amendment Part

68. The authority citation for part 98 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
Start Amendment Part

69. In § 98.32, paragraph (a) is amended by removing the citation “(

End Amendment Part Start Part

PART 99—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

End Part Start Amendment Part

70. The authority citation for part 99 is revised to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

End Authority
[Amended]
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71. In section 99.1, the list of statutory provisions is amended by adding, in alphabetical order, an entry that reads: “The Animal Health Protection Act, section 10414 (

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PART 122—ORGANISMS AND VECTORS

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72. The authority citation for part 122 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 151-158; 7 CFR 2.22, 2.80, and 371.4.

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PART 123—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE VIRUS-SERUM-TOXIN ACT

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73. The authority citation for part 123 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.

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PART 124—PATENT TERM RESTORATION

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74. The authority citation for part 124 continues to read as follows:

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Authority: 35 U.S.C. 156; 7 CFR 2.22, 2.80, and 371.4.

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75. In § 124.2, the definition of

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Definitions.
* * * * *

Informal Hearing. A hearing that is not subject to the provisions of 5 U.S.C. 554, 556, and 557 and that is conducted as provided in 21 U.S.C. 321(x).

* * * * *
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PART 130—USER FEES

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76. The authority citation for part 130 is revised to read as follows:

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Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, and 371.4.

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77. In § 130.51, paragraph (d) is amended by removing the citation “

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PART 145—NATIONAL POULTRY IMPROVEMENT PLAN

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78. The authority citation for part 145 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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PART 147—AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

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79. The authority citation for part 147 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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PART 160—DEFINITION OF TERMS

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80. The authority citation for part 160 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4.

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PART 161—REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

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81. The authority citation for part 161 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4.

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82. In § 161.4, paragraph (d) is amended by removing the citation “

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PART 162—RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF VETERINARIANS” ACCREDITATION

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83. The authority citation for part 162 is revised to read as follows:

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Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4.

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PART 166—SWINE HEALTH PROTECTION

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84. The authority citation for part 166 is revised to read as follows:

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Authority: 7 U.S.C. 3801-3813; 7 CFR 2.22, 2.8, and 371.4.

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85. In § 166.14, paragraph (a)(3) is amended by removing the citation “(

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Done in Washington, DC, this 4th day of February 2003.

Peter Fernandez,

Acting Administrator, Animal and Plant Health Inspection Service.

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[FR Doc. 03-3058 Filed 2-6-03; 8:45 am]

BILLING CODE 3410-34-P