This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

43487

Vol. 62, No. 157

Thursday, August 14, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Parts 319, 320, 330, and 352

[Docket No. 97–037–1]

Removal of Mexican Border

Regulations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to remove

the regulations at 7 CFR part 320,

‘‘Mexican Border Regulations,’’ which

serve to prevent the introduction into

the United States of plant pests from

Mexico by regulating the importation of

vehicles, soil, and other materials from

Mexico. The regulations at 7 CFR part

330, ‘‘Federal Plant Pest Regulations;

General; Plant Pests; Soil, Stone, and

Quarry Products; Garbage,’’ serve to

prevent the introduction into the United

States of plant pests from all foreign

countries by regulating the importation

of plant pests themselves, as well as

vehicles, soil, and other materials. We

believe the provisions in the ‘‘Mexican

Border Regulations’’ to prevent the entry

of plant pests from Mexico are covered

in part 330. Therefore, we believe the

regulations in part 320 are unnecessary

and should be removed. This action

would meet the President’s regulatory

reform goal of removing redundant

Federal regulations.

DATES: Consideration will be given only

to comments received on or before

October 14, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–037–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–037–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

James A. Petit De Mange, Staff Officer,

Phytosanitary Issues Management Team,

PPQ, APHIS, 4700 River Road Unit 140,

Riverdale, MD 20737–1236, (301) 734–

6799.

SUPPLEMENTARY INFORMATION:

Background

The regulations at 7 CFR part 320,

‘‘Mexican Border Regulations,’’ serve to

prevent the entry into the United States

of plant pests from Mexico by regulating

the importation of vehicles, soil, and

other materials from Mexico. Since

1917, the U.S. Department of

Agriculture (USDA) has had the

authority to inspect and apply

safeguards to railway cars, vehicles, and

various materials entering the United

States from Mexico to prevent the

introduction of plant pests. Congress

granted such authority on an annual

basis from 1917 until passage of the

Mexican Border Act (7 U.S.C. 149) on

January 31, 1942, which gave USDA the

authority ‘‘to provide for regulating,

inspecting, cleaning, and, when

necessary, disinfecting railway cars,

other vehicles, and other materials

entering the United States from

Mexico.’’

The regulations at 7 CFR part 330,

‘‘Federal Plant Pest Regulations;

General; Plant Pests; Soil, Stone, and

Quarry Products; Garbage,’’ serve to

prevent the dissemination of plant pests

into or within the United States by

regulating the movement of plant pests,

means of conveyance, earth, stone and

quarry products, garbage, and certain

other products and articles into or

through the United States. The

regulations at part 330 are authorized by

the Plant Quarantine Act (7 U.S.C. 151

et seq.) and the Federal Plant Pest Act

(7 U.S.C. 150aa et seq.).

As part of the President’s Regulatory

Reform Initiative, we are proposing to

remove the Mexican Border Regulations

because we do not believe that they are

necessary to prevent the introduction of

plant pests from Mexico into the United

States via imported vehicles, soil, and

other materials. We believe the Mexican

Border Regulations are redundant

because of the existence of part 330,

which regulates the importation of plant

pests themselves, as well as vehicles,

soil, and other materials, from any

foreign country, including Mexico.

The Mexican Border Regulations

include nine sections. The basic

provisions of these sections are as

follows: Sections 320.1 through 320.3

are administrative. They set forth who is

responsible for administering the

regulations, the items subject to the

regulations, and definitions of terms.

Section 320.4 states that all articles

designated in § 320.2 are subject to

inspection as a condition of entry into

the United States from Mexico. Sections

320.5 and 320.6 provide that USDA

inspectors may, upon inspecting a

vehicle or article, either allow its entry

into the United States or require, as a

condition of entry, cleaning, transfer of

cargo, or disinfection, or all three.

Sections 320.7 and 320.8 provide that

the owner or agent of any vehicle or

article that has been determined to need

cleaning or disinfection before being

allowed entry into the United States is

responsible for covering the costs of

such cleaning or disinfection. Finally,

§ 320.9 establishes a permit system for

the importation of soil from Mexico.

We believe that all of the provisions

of the Mexican Border Regulations are

covered in part 330. The provisions in

§ 320.1 are covered in § 330.108 and

refer to the authority of the Deputy

Administrator for Plant Protection and

Quarantine of USDA’s Animal and Plant

Health Inspection Service (APHIS) to

prevent dissemination of plant pests

into the United States or interstate. The

provisions in § 320.2 are covered in

§§ 330.101 and 330.102, which state the

purpose and policy of the regulations in

part 330 and the basis for them. Sections

320.3 and 330.100 both contain

definitions. The provisions in §§ 320.4

through 320.8 are covered in §§ 330.105

and 330.106, which pertain to

inspection of foreign arrivals,

procedures to prevent pest

dissemination, and orders for remedial

measures, among other things. And the

provisions in § 320.9 are covered in

§ 330.300, which pertains to the

importation of soil from foreign

countries.

Therefore, because the provisions in

part 320 are covered in part 330, we are

proposing to remove the regulations in

§§ 320.1 through 320.9. We are also
43488 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Proposed Rules

proposing to remove all references to

part 320 that appear in 7 CFR parts 319,

330, and 352.

Miscellaneous

We are also proposing to amend

§§ 319.69a(c) and 330.300 of this

chapter to correct some erroneous

references to § 319.37–16a, which no

longer exists.

The undesignated regulatory text at

the beginning of § 330.300 prohibits the

movement of soil from foreign countries

or U.S. territories or possessions, except

in accordance with certain regulations,

including § 319.37–16a. When § 330.300

was first promulgated, § 319.37–16a(b)

allowed certain subsoil from Japan and

the Rkuyku Islands to be used as

packing materials for lily bulbs

imported into the United States.

However, APHIS revoked § 319.37–

16a(b) on November 30, 1979 (44 FR

68803–68804, FR Doc. 79–38849),

because lily bulbs imported from Japan

and the Rkuyku Islands had been found

infested with nematodes. Therefore, the

three references to § 319.37–16a that

appear in § 330.300 in the undesignated

regulatory text and in paragraph (a)

should have been removed in 1979. We

are now proposing to correct § 330.300

to remove these references.

APHIS revised all of § 319.37 on May

13, 1980 (45 FR 31572–31597, FR Doc.

80–14492), and the provisions of the

remaining paragraphs of § 319.37–16a

were redesignated as various other

sections of § 319.37. The provisions

pertaining to growing media became

§ 319.37–8, and the provisions

pertaining to packing materials became

§ 319.37–9. Section 319.37–16a ceased

to exist at that time, and all references

to it should either have been removed

or amended to refer to the appropriate

section in § 319.37. However, current

§ 319.69a(c) includes a reference to

defunct § 319.37–16a. This reference

should have been changed to § 319.37–

9, and, therefore, we are also proposing

to make this correction at this time.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be not

significant for the purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

The purpose of this proposed rule is

to remove redundant regulations from

title 7 of the CFR. No segment of U.S.

society should be affected by this

regulatory action.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) State and local laws and

regulations will not be preempted; (2)

no retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

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

et seq.).

Regulatory Reform

This action is part of the President’s

Regulatory Reform Initiative, which,

among other things, directs agencies to

remove obsolete and unnecessary

regulations and to find less burdensome

ways to achieve regulatory goals.

List of Subjects

7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

7 CFR Part 320

Imports, International boundaries,

Mexico, Plant diseases and pests,

Quarantine, Transportation.

7 CFR Part 330

Customs duties and inspection,

Imports, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

7 CFR Part 352

Customs duties and inspection,

Imports, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 7 CFR, Chapter III,

would be amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

would continue to read as follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff,

151–167, 450, 2803, and 2809; 21 U.S.C. 136

and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

§ 319.8–27 [Removed]

2. Section 319.8–27, ‘‘Applicability of

Mexican Border Regulations,’’ would be

removed.

§ 319.69a [Amended]

3. In § 319.69a, paragraph (c), the

reference to ‘‘§ 319.37–16a’’ would be

removed and a reference to ‘‘§ 319.37–

9’’ would be added in its place.

PART 320—MEXICAN BORDER

REGULATIONS [REMOVED]

4. Under the authority of 7 U.S.C. 149

and 150ee and 21 U.S.C. 136 and 136a,

7 CFR, Chapter III, would be amended

by removing ‘‘Part 320—Mexican Border

Regulations’’.

PART 330—FEDERAL PLANT PEST

REGULATIONS; GENERAL; PLANT

PESTS; SOIL, STONE, AND QUARRY

PRODUCTS; GARBAGE

5. The authority citation for part 330

would continue to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd–

150ff, 161, 162, 164a, 450, 2260; 19 U.S.C.

1306; 21 U.S.C. 111, 114a; 136 and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331; 4332; 7 CFR

2.22, 2.80, and 371.2(c).

§ 330.105 [Amended]

6. In § 330.105, paragraph (a), third

sentence, the reference to ‘‘320,’’ would

be removed.

§ 330.300 [Amended]

7. Section § 330.300 would be

amended as follows:

a. In the undesignated regulatory text,

by removing the reference to ‘‘,

§ 319.37–16a,’’ in the first sentence, and

by removing the entire last sentence.

b. In paragraph (a), by removing the

reference to ‘‘, § 319.37–16a,’’ and the

words ‘‘, or part 320’’.

PART 352—PLANT QUARANTINE

SAFEGUARD REGULATIONS

8. The authority citation for part 352

would continue to read as follows:

Authority: 7 U.S.C. 149, 150bb, 150dd,

150ee, 150ff, 154, 159, 160, 162, and 2260;

21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7

CFR 2.22, 2.80, and 371.2(c).

§ 352.1 [Amended]

9. In § 352.1, paragraphs (b)(14),

(b)(15), (b)(16), and (b)(24), the reference

to ‘‘320,’’ would be removed.
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Proposed Rules 43489

§ 352.2 [Amended]

10. In § 352.2, in paragraph (a), the

first sentence, and in paragraph (b), the

reference to ‘‘320,’’ would be removed.

§ 352.5 [Amended]

11. In § 352.5, paragraph (d), the

reference to ‘‘320,’’ would be removed

both times it appears.

§ 352.10 [Amended]

12. In § 352.10, the reference to ‘‘320,’’

would be removed in the following

places.

a. Paragraph (a), third sentence.

b. Paragraph (b)(1), sixth sentence.

c. Paragraph (b)(2), second sentence.

§ 352.13 [Amended]

13. In § 352.13, the reference to ‘‘320,’’

would be removed.

Done in Washington, DC, this 8th day of

August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–21521 Filed 8–13–97; 8:45 am]

BILLING CODE 3410–34–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 402

RIN 0960–AE68

Electronic Freedom of Information Act

Amendments of 1996

AGENCY: Social Security Administration.

ACTION: Proposed rules.

SUMMARY: These rules are proposed to

reflect the changes made by the

Electronic Freedom of Information Act

Amendments (EFOIA) of 1996, that give

the public access to government

information and records maintained in

an electronic format, provide for

expedited processing of certain requests,

establish ‘‘electronic reading rooms,’’

eliminate an agency backlog of work as

a justification for delay in processing

requests, require redacted material to be

estimated or indicated in an agency’s

response, and require an agency

reference guide on FOIA to be made

available.

DATES: To be sure that your comments

are considered, we must receive them

no later than September 15, 1997.

ADDRESSES: Comments should be

submitted in writing to the Acting

Commissioner of Social Security, P.O.

Box 1585, Baltimore, MD 21235, sent by

telefax to (410) 966–2830, sent by E-mail

to ‘‘regulations@ssa.gov’’ or delivered to

3–B–1 Operations Building, 6401

Security Boulevard, Baltimore, MD

21235, between 8:00 a.m. and 4:30 p.m.

on regular business days.

The electronic file of this document is

available on the Federal Bulletin Board

(FBB) at 9 a.m. on the date of

publication in the Federal Register. To

download the file, modem dial (202)

512–1387. The FBB instructions will

explain how to download the file and

the fee. This file is in WordPerfect

format and will remain on the FBB

during the comment period.

FOR FURTHER INFORMATION CONTACT:

Henry D. Lerner, Legal Assistant, 3–B–

1 Operations Building, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–1762 for information about these

rules.

SUPPLEMENTARY INFORMATION: These

proposed rules will revise our existing

regulations to reflect the provisions of

Public Law 104–231, the Electronic

Freedom of Information Act

Amendments of 1996. Pub. L. No. 104–

231 amended 5 U.S.C. 552, popularly

known as the Freedom of Information

Act (FOIA), to provide public access to

information in an electronic format,

provide for expedited processing of

certain requests, establish ‘‘electronic

reading rooms,’’ eliminate an agency

backlog of work as a justification for

delay in processing requests, require

redacted material to be estimated or

indicated in an agency’s response, and

require an agency reference guide on

FOIA to be made available. The

proposed rules will also make technical

changes to related rules.

According to the new law, the term

‘‘record’’ encompasses information,

subject to the requirements of the FOIA,

when maintained in any format,

including an electronic format. The

category of ‘‘reading room’’ records, at 5

U.S.C. 552(a)(2), is expanded to include

records that the agency discloses in

response to a FOIA request that have

become, or are likely to become, the

subject of future requests. An index of

those records that are subject to

multiple requests must be prepared and

made available by computer

telecommunications by December 31,

1999. Furthermore, agencies must create

an ‘‘electronic reading room’’ to contain

records created after November 1, 1996

that are required to be made available

under 5 U.S.C. 552(a)(2). Additionally,

agencies must make reasonable efforts to

search for records, even when

information is maintained in an

electronic database, unless such efforts

would significantly interfere with the

operation of the agency’s automated

information system. If a requester

requests a record in a particular format,

agencies must attempt to provide the

record in that format if the record is

readily reproducible in such format.

The general period for responding to

requests has been changed from 10 days

to 20 days. Moreover, multi-track

processing may be offered as a way to

provide more timely responses.

Agencies and requesters may discuss

alternative time frames to process

requests, or modifications to the

requests, when the general 20-day time

for responding cannot be met. Expedited

processing of requests must be done

when there is a compelling need for the

records. ‘‘Compelling need’’ means that

the failure to obtain the records on an

expedited basis could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual, or when a request is made

by a person primarily engaged in

disseminating information (e.g., the

news media), and there is an urgency to

inform the public concerning actual or

alleged Federal Government activity.

The amount of information deleted on

a record must be indicated, unless doing

so would harm an interest protected by

an exemption; and, if technically

feasible, the indication shall be at the

place in the record where the deletion

is made. If whole pages or documents

are withheld, an estimate of the volume

of material withheld must be provided

to the requester, unless doing so would

harm an interest protected by an

exemption. Furthermore, a guide for

requesting records, to include an index

and description of major record systems,

must be made available to the public.

The definition of ‘‘record’’ in § 402.30

will be revised to reflect the provisions

of section 3 of Public Law 104–231 to

include information stored in an

electronic format, and the meaning of

‘‘record’’ in the Records Disposal Act,

44 U.S.C. 3301, as well as the Supreme

Court’s decision in U.S. Dept. of Justice

versus Tax Analysts, 492 U.S. 136

(1989).

Section 402.35 will be revised to

reflect the provisions of section 4 of

Public Law 104–231 concerning

availability of records, extent of

deletions, and a general index of

records.

Section 402.40 will be revised to

indicate that SSA Publications on CD–

ROM are available for purchase.

Section 402.45 will be revised to add

a new category to reading room records.

These are records which ‘‘the agency

determines have become or are likely to

become the subject of subsequent

requests for substantially the same

records.’’ Also, we will provide an

electronic index for this category of

records as reflected in section 4 of the

EFOIA amendments.