Removal of Mexican Border Regulations

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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