[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Proposed Rules]
[Pages 43487-43489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21521]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / 
Proposed Rules

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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.

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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 Sec. 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, Sec. 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 Sec. 320.1 are 
covered in Sec. 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 
Sec. 320.2 are covered in Secs. 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 Secs. 320.4 through 320.8 are covered in Secs. 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 Sec. 320.9 are 
covered in Sec. 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 Secs. 320.1 through 
320.9. We are also

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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 Secs. 319.69a(c) and 330.300 of this 
chapter to correct some erroneous references to Sec. 319.37-16a, which 
no longer exists.
    The undesignated regulatory text at the beginning of Sec. 330.300 
prohibits the movement of soil from foreign countries or U.S. 
territories or possessions, except in accordance with certain 
regulations, including Sec. 319.37-16a. When Sec. 330.300 was first 
promulgated, Sec. 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 Sec. 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 
Sec. 319.37-16a that appear in Sec. 330.300 in the undesignated 
regulatory text and in paragraph (a) should have been removed in 1979. 
We are now proposing to correct Sec. 330.300 to remove these 
references.
    APHIS revised all of Sec. 319.37 on May 13, 1980 (45 FR 31572-
31597, FR Doc. 80-14492), and the provisions of the remaining 
paragraphs of Sec. 319.37-16a were redesignated as various other 
sections of Sec. 319.37. The provisions pertaining to growing media 
became Sec. 319.37-8, and the provisions pertaining to packing 
materials became Sec. 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 Sec. 319.37. However, 
current Sec. 319.69a(c) includes a reference to defunct Sec. 319.37-
16a. This reference should have been changed to Sec. 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).


Sec. 319.8-27  [Removed]

    2. Section 319.8-27, ``Applicability of Mexican Border 
Regulations,'' would be removed.


Sec. 319.69a  [Amended]

    3. In Sec. 319.69a, paragraph (c), the reference to ``Sec. 319.37-
16a'' would be removed and a reference to ``Sec. 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).


Sec. 330.105  [Amended]

    6. In Sec. 330.105, paragraph (a), third sentence, the reference to 
``320,'' would be removed.


Sec. 330.300  [Amended]

    7. Section Sec. 330.300 would be amended as follows:
    a. In the undesignated regulatory text, by removing the reference 
to ``, Sec. 319.37-16a,'' in the first sentence, and by removing the 
entire last sentence.
    b. In paragraph (a), by removing the reference to ``, Sec. 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).


Sec. 352.1  [Amended]

    9. In Sec. 352.1, paragraphs (b)(14), (b)(15), (b)(16), and 
(b)(24), the reference to ``320,'' would be removed.

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Sec. 352.2  [Amended]

    10. In Sec. 352.2, in paragraph (a), the first sentence, and in 
paragraph (b), the reference to ``320,'' would be removed.


Sec. 352.5  [Amended]

    11. In Sec. 352.5, paragraph (d), the reference to ``320,'' would 
be removed both times it appears.


Sec. 352.10  [Amended]

    12. In Sec. 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.


Sec. 352.13  [Amended]

    13. In Sec. 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]
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