[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Proposed Rules]
[Pages 41868-41869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15585]


 ========================================================================
 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. 119 / Thursday, June 20, 2002 / 
Proposed Rules  

[[Page 41868]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 330

[Docket No. 02-011-1]


Redelivery of Cargo for Inspection

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations pertaining to the 
inspection of cargo entering the United States to provide that 
inspectors from the Animal and Plant Health Inspection Service (APHIS) 
may require that cargo be returned to the port of first arrival or, if 
convenient, another location as specified by APHIS for inspection when 
necessary. All cargo is subject to inspection at the port of first 
arrival by an APHIS inspector and is not supposed to be removed from 
that port before the inspector releases it; however, for a variety of 
reasons, cargo is sometimes moved from the port of first arrival prior 
to inspection by APHIS. In these situations, APHIS inspectors must 
request that the U.S. Customs Service act on their behalf and order the 
cargo returned to the port for inspection. Amending the regulations 
would allow APHIS inspectors to deal directly with owners, shippers, 
brokers, and their agents and would increase the efficiency of both 
APHIS and the Customs Service by simplifying the current system.

DATES: We will consider all comments that we receive on or before 
August 19, 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. 02-011-1, 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. 02-011-1. 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. 
02-011-1'' 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. Pamela Byrne, Senior Staff 
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 147, 
Riverdale, MD 20737-1231; (301) 734-5242.

SUPPLEMENTARY INFORMATION:

Background

    The purpose of the regulations in 7 CFR part 330 (referred to below 
as the regulations) 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 products and articles into or through the 
United States.
    The regulations in Sec. 330.105(a) deal with the inspection of 
cargo (means of conveyance, articles, and products) arriving from 
outside the United States at ports of first arrival in the United 
States. Currently, Sec. 330.105(a) provides that such cargo is subject 
to inspection by an Animal and Plant Health Inspection Service (APHIS) 
inspector at the port of first arrival in the United States and that 
the cargo must not be released by U.S. Customs Service officers for 
entry or onward movement until released by the APHIS inspector. For a 
variety of reasons, however, cargo is sometimes moved from the port of 
first arrival before inspection by the APHIS inspector. In these 
situations, the APHIS inspector must request that the U.S. Customs 
Service act on his or her behalf and order that the cargo be returned 
to the port for inspection.
    We are proposing to amend the regulations in Sec. 330.105(a) to 
provide that an APHIS inspector could require the return of cargo to 
the port of first arrival or if convenient, another location as 
specified by APHIS for inspection if the cargo has been moved prior to 
inspection by APHIS. Amending the regulations in this way would 
simplify the system by allowing APHIS inspectors to deal directly with 
owners, shippers, brokers, and their agents, thus increasing the 
efficiency of both APHIS and the U.S. Customs Service.

Miscellaneous Changes

    The definition for Customs in Sec. 330.100 contains an outdated 
reference to the Bureau of Customs, which is now the U.S. Customs 
Service. We propose to correct this reference in this document. Also, 
another outdated term, ``Collector of Customs,'' appears in 
Secs. 330.104 and 330.105(a). We are also proposing to remove that term 
each time it appears.
    Section 330.104 also contains references to specific sections of 
the Customs Service's regulations in title 19 that have been 
redesignated since Sec. 330.104 was established. We propose to amend 
Sec. 330.104 to reflect these changes.
    Finally, we are proposing to amend the definition of inspector for 
consistency with the definition of that term in other parts of our 
regulations in title 7.

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 changes to the regulations contained in this proposed rule are 
administrative in nature and are not expected to have an economic 
effect on any entities, large or small. These changes would simply 
allow APHIS inspectors to deal directly with owners, shippers, brokers, 
and their agents to

[[Page 41869]]

order the return of cargo that has been moved from the port of first 
arrival without APHIS inspection. Currently, in such situations, APHIS 
inspectors must request that the U.S. Customs Service act on their 
behalf and order the cargo to be returned to the port for inspection. 
This proposed rule would increase the efficiency of both APHIS and the 
Customs Service by simplifying the current system.
    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 330

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

    Accordingly, we propose to amend 7 CFR part 330 as follows:

PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; 
SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

    1. The authority citation for part 330 would continue to read as 
follows:

    Authority: 7 U.S.C. 450, 2260, 7711, 7712, 7714, 7718, 7731, 
7734, 7751, and 7754; 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 
371.3.


Sec. 330.100  [Amended]

    2. Section 330.100 would be amended as follows:
    a. In the definition of Customs, by removing the words ``Bureau of 
Customs'' and adding the words ``U.S. Customs Service'' in their place.
    b. In the definition of Inspector, by adding the words ``Animal and 
Plant Health Inspection Service,'' before the word ``U.S.'' and by 
adding a comma after the word ``Agriculture''.
    3. In Sec. 330.104, the second and third sentences would be revised 
to read as follows:


Sec. 330.104  Ports of entry.

    * * * Such ports shall be selected by the Deputy Administrator from 
ports named in 19 CFR 101.3 as ``ports of entry'' for the purpose of 
enforcing the customs laws or named in 19 CFR 122.13 as ``international 
airports,'' or airports at which permission to land aircraft has been 
granted by the Commissioner of Customs in accordance with 19 CFR 
122.14. Except as otherwise provided by administrative instructions, or 
by permits issued in accordance with this part, the ports of entry 
shall be those named in 19 CFR 101.3 and 122.13. * * *
    4. In Sec. 330.105, paragraph (a) would be amended by adding a new 
sentence after the second sentence following the paragraph heading to 
read as follows and, in the last sentence, by removing the words ``the 
Collector of''.


Sec. 330.105  Inspection.

    (a) Inspection of foreign arrivals. * * * If any means of 
conveyance, product, or article subject to inspection under this 
section is released before the inspector has had the opportunity to 
inspect it, the inspector may require the owner, shipper, broker or his 
or her agent to return the means of conveyance, product, or article to 
the port of first arrival or, if mutually convenient, another location 
as specified by APHIS for inspection. * * *
* * * * *

    Done in Washington, DC, this 14th day of June 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-15585 Filed 6-19-02; 8:45 am]
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