[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Rules and Regulations]
[Pages 65007-65009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32245]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
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Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / 
Rules and Regulations

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319, 320, 330, and 352

[Docket No. 97-037-2]


Removal of Mexican Border Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are removing 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, including Mexico, by regulating the importation of plant 
pests themselves, as well as vehicles, soil, and other materials. The 
provisions in the ``Mexican Border Regulations'' to prevent the entry 
of plant pests from Mexico are covered in part 330. Therefore, the 
regulations in part 320 are unnecessary and will be removed. This 
action meets the President's regulatory reform goal of removing 
redundant Federal regulations.

EFFECTIVE DATE: January 9, 1998.

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. These regulations were established to carry out 
the Mexican Border Act (7 U.S.C. 149), which authorizes the Secretary 
of Agriculture to inspect, clean, and, when necessary, disinfect 
railway cars, other vehicles, and 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.).
    On August 14, 1997, we published in the Federal Register (62 FR 
43487-43489, Docket No. 97-037-1) a proposal to remove the Mexican 
Border Regulations and all references to these regulations in title 7 
and to correct some erroneous references to a section in 7 CFR part 319 
that no longer exists. We proposed this action in accordance with the 
President's Regulatory Reform Initiative. We do not believe that the 
Mexican Border Regulations are necessary for the U.S. Department of 
Agriculture (USDA) to prevent the introduction of plant pests from 
Mexico into the United States via imported vehicles, soil, and other 
materials. We believe that 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.
    We solicited comments concerning our proposal for 60 days ending 
October 14, 1997. We received two comments by that date. They were from 
organizations representing the interests of California avocado 
producers. The comments are discussed below.
    The commenters contend that the Mexican Border Regulations are not 
unnecessary and question USDA's authority to remove these regulations. 
The commenters state that these regulations are mandated by law. One 
commenter stated that it is critical for our agency to adhere to the 
Congressional Review of Agency Rulemaking Act of 1996, which requires 
Federal agencies to submit copies of final rules to Congress prior to 
their effective dates.
    According to the Mexican Border Act, the Secretary of Agriculture 
is ``authorized and directed to promulgate such rules and regulations 
as he may deem necessary to regulate the entry into the United States 
of railway cars and other vehicles and freight, express, baggage, and 
other materials which may carry'' plant pests and diseases (emphasis 
added). The Secretary is not legally bound by the law to promulgate any 
regulations, much less a specific part of the Code of Federal 
Regulations for the exclusive purpose of administering the Mexican 
Border Act. However, we believe that the regulations in 7 CFR part 330 
carry out the Mexican Border Act. To make this point clear, we are 
adding through this final rule the citation for the Mexican Border Act 
(7 U.S.C. 149) to the list of authority citations in part 330. As with 
all final rules prepared by our agency, we will submit a copy of this 
final rule to Congress prior to the rule's effective date.
    One commenter requested that USDA reaffirm in the final rule ``that 
Part 330 stands as a comprehensive regulatory program directed at 
preventing the introduction and/or dissemination of plant pests and 
diseases into the United States.'' The commenter further requested that 
USDA reaffirm that the regulations in part 330 cover all the products 
(regulated vehicles, articles, and materials) currently covered by part 
320.
    The regulations in part 330 do not constitute a program per se. The 
purpose of the regulations in part 330, as stated in Sec. 330.101, is 
``to prevent the dissemination of plant pests into the United States, 
or interstate, by regulating the movement of plant pests into or 
through the United States, or interstate, and the movement of means of 
conveyance, earth, stone and quarry products, garbage, and certain 
other

[[Page 65008]]

products and articles. * * * '' In carrying out our mission of 
protecting U.S. agriculture, our agency administers these regulations 
through several programs. We reiterate that all of the items covered in 
part 320 are also covered in part 330. According to Sec. 330.105, `` * 
* * all plant pests; means of conveyance and their stores; baggage; 
mail; plants; plant products; soil; stone and quarry products under 
Sec. 330.300; garbage; and any other product or article of any 
character whatsoever which an inspector considers may be infested or 
infected by or contain a plant pest, arriving in the United States from 
any place outside thereof for entry into or movement through the United 
States shall be subject to inspection * * * '' (emphasis added).
    The commenters questioned the timing of our proposal. They 
expressed particular concern because, as of November 1, Mexican 
avocados have been allowed to be imported into 19 northeastern States 
of the United States. In addition, one commenter questioned the timing 
of this rulemaking action because of recent incidents of food safety 
problems related to imported produce and the recent Presidential 
initiative to increase food safety inspections of fruit and vegetables 
overseas. The commenter also stated that the timing was inappropriate 
in light of the current attempt by the Administration to obtain ``fast-
track'' authority for the President to negotiate new trade agreements.
    Our agency has no authority in regard to food that poses threats to 
human health. We inspect imported agricultural products and other 
articles to ensure that they do not introduce foreign agricultural 
pests and diseases that could harm U.S. crops. Ensuring food safety is 
the responsibility of other Federal agencies. However, this rulemaking 
will have no impact on either food safety or crop protection, because 
it does not change any inspection procedures or authorities. In 
addition, the Administration's attempt to gain fast-track authority in 
regard to trade is a political issue outside our jurisdiction. 
Consequently, this rulemaking action is entirely unrelated to and has 
no bearing on this issue. In regard to the importation of Mexican 
avocados, the timing of this action is purely coincidental. However, 
this action will in no way change our ability to take regulatory 
action, should the need arise, in regard to imported Mexican avocados. 
We have ample authority under part 330 and other parts of title 7 to 
take any necessary action in the unlikely event imported Mexican 
avocados are found to present a threat to U.S. agriculture.
    The commenters were concerned that elimination of the Mexican 
Border Regulations could somehow weaken U.S. quarantine security and, 
therefore, present a risk of avocado pest introduction. One commenter 
was concerned that the purpose of the Mexican Border Regulations is 
``to prevent the introduction of insect pests and diseases,'' while the 
purpose of the Federal plant pest regulations is ``to prevent the 
dissemination of plant pests into the United States.'' The commenter 
was particularly concerned that ``dissemination in this context is 
something less than introduction.'' The commenter believes that the 
standard for prevention of plant pests is higher in the Mexican Border 
Regulations than in the Federal plant pest regulations.
    Elimination of the Mexican Border Regulations is merely an 
administrative action to remove redundant Federal regulations. This 
action will have no effect on any regulatory activities performed by 
our agency to protect U.S. agriculture. We take action on imported 
products based on the phytosanitary risk they present. Moreover, part 
320 provides neither more nor less authority than part 330 in regard to 
regulating articles imported from Mexico. Our treatment of regulated 
articles from Mexico will be the same under part 330 as it has been 
under part 320.
    In regard to the difference between the terms ``introduction'' and 
``dissemination'' as they are used, respectively, in parts 320 and 330, 
we believe that the intent of both usages is the same: The prevention 
of threats to U.S. plant health from exotic pests. However, we believe 
the commenter's interpretation of the level of quarantine security 
implied by the two words is actually reversed. Our agency considers 
preventing the dissemination of a pest into the United States to mean 
preventing any entry of the pest. Whereas the NAPPO Compendium of 
Phytosanitary Terms (a publication that defines terminology used by the 
North American Plant Protection Organization) defines introduction as 
``entry and establishment of a pest'' and ``entry of a pest, resulting 
in establishment.''
    One commenter stated that ensuring quarantine security should be 
USDA's overriding goal and that this goal should not be ``sacrificed'' 
to facilitate trade. The commenter further stated that the Mexican 
Border Regulations require ``as a condition of entry into the United 
States from Mexico all articles and materials * * * shall be subject to 
examination by an inspector,'' while the Federal plant pest regulations 
require that USDA ``employ procedures * * * which will impose a minimum 
of impediment to foreign commerce'' (emphasis added by commenter).
    In fulfilling our agency's mission of protecting American 
agriculture, ensuring quarantine security is our primary objective. 
However, providing quarantine security by the least restrictive means 
has always been a philosophical tenet of our agency and is consistent 
with the sanitary and phytosanitary principles of the World Trade 
Organization. While few importations of agricultural products present 
absolutely no risk of pest or disease introduction, we would never 
allow the importation of any foreign product or article under 
circumstances that we thought would compromise phytosanitary security. 
In regard to the differing language used in parts 320 and 330 
pertaining to inspection of imported articles, again, we believe the 
language in the two parts means the same thing. Moreover, the commenter 
did not cite relevant language from part 330. The complete sentence 
quoted by the commenter reads, ``The Deputy Administrator shall employ 
procedures to carry out this purpose which will impose a minimum of 
impediment to foreign commerce and travel whenever practicable, 
consistent with proper precaution against plant pest dissemination'' 
(emphasis added). We believe this language indicates that quarantine 
security is the ultimate priority and that facilitating trade and 
travel are secondary goals.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule with the change discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 rule is to remove redundant regulations from 
title 7 of the CFR. No segment of U.S. society will be affected by this 
regulatory action.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and
    (3) does not require administrative proceedings before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    This 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, is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues 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,'' is removed.


Sec. 319.69a  [Amended]

    3. In Sec. 319.69a, paragraph (c), the reference to 
``Sec. 319.37'16a'' is removed and a reference to ``Sec. 319.37-9'' is 
added in its place.

PART 320--[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, is 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 is revised to read as 
follows:

    Authority: 7 U.S.C. 147a, 149, 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 and 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,'' is removed.


Sec. 330.300  [Amended]

    7. Section Sec. 330.300 is amended as follows:
    a. In the introductory 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 continues 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,'' is removed.


Sec. 352.2  [Amended]

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


Sec. 352.5  [Amended]

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


Sec. 352.10  [Amended]

    12. In Sec. 352.10, the reference to ``320,'' is 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,'' is removed.

    Done in Washington, DC, this 4th day of December 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-32245 Filed 12-9-97; 8:45 am]
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