[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Proposed Rules]
[Pages 13103-13104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6838]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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. 67, No. 55 / Thursday, March 21, 2002 / 
Proposed Rules  

[[Page 13103]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 352

[Docket No. 01-073-1]


Untreated Citrus from Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the plant quarantine safeguard 
regulations to remove Brownsville and Hidalgo, TX, as ports of entry 
for untreated Mexican oranges, tangerines, and grapefruit transiting 
the United States for export to another country. We are also proposing 
to remove Brownsville, TX, as an authorized port for the exportation by 
water of shipments of untreated Mexican oranges, tangerines, and 
grapefruit. We are proposing these actions because neither port has 
been used for these purposes in over 20 years. These actions would 
update the regulations so that they accurately reflect the ports used 
for the importation and exportation by water of untreated citrus from 
Mexico.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by May 20, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-073-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-073-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-073-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Pam Byrne, Senior Operations 
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 60, 
Riverdale, MD 20737-1231; (301) 734-5242.

SUPPLEMENTARY INFORMATION:

Background

    The plant quarantine safeguard regulations in 7 CFR part 352 
relieve restrictions for certain plants, plant products, plant pests, 
soil, and other products and articles that are classified as prohibited 
or restricted in other regulations in title 7, chapter III. Such plant 
products include fruits and vegetables that are moved into the United 
States for: (1) A temporary stay where unloading or landing is not 
intended; (2) unloading or landing for transshipment and exportation; 
(3) unloading or landing for transportation and exportation; or (4) 
unloading and entry at a port other than the port of arrival. Fruits 
and vegetables that are moved into the United States under these 
circumstances are subject to inspection and must be handled in 
accordance with conditions assigned under the safeguard regulations to 
prevent the introduction and spread of plant pests.
    The regulations in Sec. 352.30 address the movement into or through 
the United States of untreated oranges, tangerines, and grapefruit from 
Mexico that transit the United States en route to foreign countries. 
The regulations currently allow untreated oranges, tangerines, and 
grapefruit from Mexico to enter the United States at the ports of 
Nogales, AZ, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, 
TX. The fruit may then be moved, under certain conditions, by truck or 
railcar to seaports at Brownsville and Galveston, TX, for export by 
water to another country.
    In this document, we are proposing to remove Brownsville and 
Hidalgo, TX, as ports of entry for untreated oranges, tangerines, and 
grapefruit from Mexico. In addition, we are also proposing to remove 
Brownsville, TX, as an authorized port for the exportation by water of 
such fruit. We are proposing these actions because it has been more 
than 20 years since any shipments of untreated citrus from Mexico have 
been imported into the United States through either port. Additionally, 
the port of Hidalgo, TX, no longer handles cargo; that port now handles 
only pedestrians and passenger vehicles. It has also been more than 20 
years since Brownsville, TX, has been used for the export of untreated 
Mexican citrus by water to another country.
    Removing Brownsville and Hidalgo, TX, as ports of entry for 
untreated citrus from Mexico and removing Brownsville, TX, as an 
authorized port of export for such fruit would update the regulations 
in Sec. 352.30 so that they accurately reflect the ports that are used 
for those purposes.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    We are proposing to amend the plant quarantine safeguard 
regulations to remove Brownsville and Hidalgo, TX, as ports of entry 
for untreated Mexican oranges, tangerines, and grapefruit transiting 
the United States for export to another country. We are also proposing 
to remove Brownsville, TX, as an authorized port for the exportation by 
water of shipments of untreated Mexican oranges, tangerines, and 
grapefruit. We are proposing these actions because neither port has 
been used for these purposes in over 20 years. These actions would 
update the regulations so that they accurately reflect the ports used 
for the importation and exportation by water of untreated citrus from 
Mexico.

[[Page 13104]]

    Since the ports of Brownsville and Hidalgo, TX, have not been used 
for any shipments of untreated citrus from Mexico in over 20 years, 
this proposed action would have no economic effect on any entity. Small 
entities located at or around the ports of Brownsville and Hidalgo, TX, 
will not be affected by this proposed rule for the same reason that no 
economic entity of any size will be affected.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will 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.).

List of Subjects in 7 CFR Part 352

    Customs duties and inspection, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

    Accordingly, we propose to amend 7 CFR part 352 as follows:

PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS

    1. The authority citation for part 352 would continue to read as 
follows:

    Authority: 7 U.S.C. 2260, 7711-7714, 7731, and 7734; 21 U.S.C. 
136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.


Sec. 352.30  [Amended]

    2. Section 352.30 would be amended as follows:
    a. In paragraph (b)(2), by removing the words ``Brownsville,'' and 
``Hidalgo,''.
    b. In paragraph (b)(3)(iii), by removing the words ``Brownsville 
or''.
    c. In paragraph (c)(1), by removing the words ``Brownsville, or''.
    d. In paragraph (c)(3), in the paragraph heading and in paragraphs 
(c)(3)(i) and (c)(3)(ii), by removing the words ``Brownsville or'' each 
time they appear.

    Done in Washington, DC, this 18th day of March 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-6838 Filed 3-20-02; 8:45 am]
BILLING CODE 3410-34-U