[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Rules and Regulations]
[Pages 46577-46578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17796]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 136 / Tuesday, July, 16, 2002 / Rules 
and Regulations  

[[Page 46577]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 352

[Docket No. 01-073-2]


Untreated Citrus From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 removing Brownsville, 
TX, as an authorized port for the exportation by water of shipments of 
untreated Mexican oranges, tangerines, and grapefruit. We are taking 
these actions because neither port has been used for these purposes in 
over 20 years. These actions will update the regulations so that they 
accurately reflect the ports used for the importation and exportation 
by water of untreated citrus from Mexico.

EFFECTIVE DATE: August 15, 2002.

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. 
Those regulations have allowed 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, and be moved, under certain conditions, by truck or railcar to 
seaports at Brownsville and Galveston, TX, for export by water to 
another country.
    In a proposed rule published in the Federal Register on March 21, 
2002 (67 FR 13103-13104, Docket No. 01-073-1), we proposed to amend the 
regulations by removing Brownsville and Hidalgo, TX, as ports of entry 
for untreated oranges, tangerines, and grapefruit from Mexico. In the 
same document, we also proposed to remove Brownsville, TX, as an 
authorized port for the exportation by water of such fruit.
    We solicited comments concerning our proposal for 60 days ending 
May 20, 2002. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This rule amends the plant quarantine safeguard regulations by 
removing 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 removing Brownsville, 
TX, as an authorized port for the exportation by water of shipments of 
untreated Mexican oranges, tangerines, and grapefruit. We are taking 
these actions because neither port has been used for these purposes in 
over 20 years. These actions will update the regulations so that they 
accurately reflect the ports used for the importation and exportation 
by water of untreated citrus from Mexico.
    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 action will 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 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final 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 final 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 are amending 7 CFR part 352 as follows:

PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS

    1. The authority citation for part 352 is revised to read as 
follows:


[[Page 46578]]


    Authority: 7 U.S.C. 7711-7714, 7731, 7734, and 8311; 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 is 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 10th day of July, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-17796 Filed 7-15-02; 8:45 am]
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