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

65007

Vol. 62, No. 237

Wednesday, December 10, 1997

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.

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 § 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
65008 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Rules and Regulations

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

§ 330.105, ‘‘ * * * all plant pests;

means of conveyance and their stores;

baggage; mail; plants; plant products;

soil; stone and quarry products under

§ 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.
Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Rules and Regulations 65009

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).

§ 319.8–27 [Removed]

2. Section 319.8–27, ‘‘Applicability of

Mexican Border Regulations,’’ is

removed.

§ 319.69a [Amended]

3. In § 319.69a, paragraph (c), the

reference to ‘‘§ 319.37’16a’’ is removed

and a reference to ‘‘§ 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).

§ 330.105 [Amended]

6. In § 330.105, paragraph (a), third

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

removed.

§ 330.300 [Amended]

7. Section § 330.300 is amended as

follows:

a. In the introductory 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

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).

§ 352.1 [Amended]

9. In § 352.1, paragraphs (b)(14),

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

to ‘‘320,’’ is removed.

§ 352.2 [Amended]

10. In § 352.2, in paragraph (a), the

first sentence, and in paragraph (b), the

reference to ‘‘320,’’ is removed.

§ 352.5 [Amended]

11. In § 352.5, paragraph (d), the

reference to ‘‘320,’’ is removed both

times it appears.

§ 352.10 [Amended]

12. In § 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.

§ 352.13 [Amended]

13. In § 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]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–120–AD; Amendment

39–10238; AD 97–25–14]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–100, –200, and –300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain de Havilland

Model DHC–8–100, –200, and –300

series airplanes, that requires repetitive

inspections of certain refuel/defuel tube

assemblies in the engine nacelles for

fuel leakage, and corrective action, if

necessary. This amendment will also

require eventual modification of all tube

assemblies, which will terminate the

repetitive inspections. This amendment

is prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent fuel leaks and

consequent increased risk of engine

fires.