[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16043-16045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7598]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 92 and 98
[Docket No. 94-087-1]
Canadian Border Ports; Baudette, MN
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: We are amending the animal importation regulations by adding
Baudette, MN, as a Canadian border port for pet birds, poultry, horses,
ruminants, swine, and germ plasm. We have determined that Baudette, MN,
has inspection facilities which meet our [[Page 16044]] requirements
for Canadian border port status. This action will provide an additional
Canadian border port.
DATES: This rule will be effective on May 30, 1995 unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before April 28, 1995.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Docket No.
94-087-1, Animal and Plant Health Inspection Service, Policy and
Program Development, Regulatory Analysis and Development, 4700 River
Road Unit 118, Riverdale, MD 20737-1228. Please state that your
submission refers to Docket No. 94-087-1. Submissions 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 and notices are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. David Vogt, Senior Staff
Veterinarian, Animal and Plant Health Inspection Service, Veterinary
Services, National Center for Import and Export, Import/Export Animals
Staff, 4700 River Road Unit 39, Riverdale, MD 20737-1228; (301) 734-
8172.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 92 and 98 (referred to below as the
regulations) restrict the importation of specified animals and animal
products into the United States. The regulations designate land border
ports along the U.S.-Canada border which have inspection facilities for
the importation of certain animals and germ plasm that require
inspection. Section 92.102(a) of the regulations lists the special
ports having inspection facilities for the importation of certain pet
birds. Sections 92.203(b), 92.303(b), 92.403(b), 92.503(b) and 98.33(b)
of the regulations list the Canadian border ports having inspection
facilities for the importation of certain poultry, horses, ruminants,
swine and germ plasm, respectively.
A new facility in Baudette, MN, is ready for use as an inspection
station. We have determined that the Animal and Plant Health Inspection
Service has the personnel and facilities at Baudette, MN, required to
effectively provide inspection services. Baudette, MN, is currently
listed in Secs. 92.403(e) and 92.503(e) as a limited port for ruminants
and ruminant products and swine and swine products, respectively.
Limited ports are used for animals and animal products that do not
require restraint and holding facilities. Since Baudette, MN, is
capable of performing full inspection services, we will remove
Baudette, MN, from the list of limited ports.
This rule will amend Secs. 92.102(a), 92.203(b), 92.303(b),
92.403(b), 92.403(e), 92.503(b), 92.503(e), and 98.33(b) in accordance
with the procedures explained below under ``Dates.'' The amendment will
add Baudette, MN, as a Canadian border port and remove it as a limited
port.
Dates
We are publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse public
comment. This rule will be effective, as published in this document, 60
days after the date of publication in the Federal Register unless we
receive written adverse comments or written notice of intent to submit
adverse comments within 30 days of the date of publication of this rule
in the Federal Register.
Adverse comments are comments that suggest the rule should not be
adopted or that suggest the rule should be changed.
If we receive written adverse comments or written notice of intent
to submit adverse comments, we will publish a notice in the Federal
Register withdrawing this rule before the effective date. We will then
publish a proposed rule for public comment. Following the close of that
comment period, the comments will be considered, and a final rule
addressing the comments will be published.
As discussed above, if we receive no written adverse comments nor
written notice of intent to submit adverse comments within 30 days of
publication of this direct final rule, this direct final rule will
become effective 60 days following its publication. We will publish a
notice to this effect in the Federal Register, before the effective
date of this direct final rule, confirming that it is effective on the
date indicated in this document.
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
process required by Executive Order 12866.
Currently, Baudette, MN, is a limited port for certain ruminants,
ruminant products, swine, and swine products. This rule will add
Baudette, MN, as a Canadian border port for certain pet birds, poultry,
horses, ruminants, swine, and germ plasm. We believe the primary impact
will be on importers of certain pet birds, poultry, horses, ruminants,
swine, and germ plasm. Few if any of these entities can be regarded as
small.
If this rule is not adopted, some importers would have to travel
long distances to a port in another State. We believe that adding
Baudette, MN, as a Canadian border port will benefit U.S. importers of
pet birds, poultry, horses, ruminants, and swine since these
importations will now be logistically easier for a number of these
entities. Based on information from the local livestock industry we
expect 500 to 1,000 head of Canadian cattle to be imported into the
United States through Baudette, MN. Approximately half of these imports
will be diverted from other ports. In 1993, cattle imports into the
United States from Canada totaled approximately 1.2 million head.
Therefore, we do not anticipate this increase in the imports to have a
significant economic impact.
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 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 12778
This rule has been reviewed under Executive Order 12778, 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 1980 (44 U.S.C. 3501
et seq.).
List of Subjects
9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements. [[Page 16045]]
9 CFR Part 98
Animal diseases, Imports.
Accordingly, 9 CFR parts 92 and 98 are amended as follows:
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
1. The authority citation for part 92 continues to read as follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 92.102 [Amended]
2. In Sec. 92.102, paragraph (a) is amended by adding the words
``Baudette, Minnesota;'' immediately after ``New York, New York;''.
Secs. 92.203, 92.303, 92.403, and 92.503 [Amended]
3. Sections 92.203, 92.303, 92.403, and 92.503 are amended by
adding the words ``Baudette, Minnesota;'' immediately after
``Michigan;'' in the following places:
a. In Sec. 92.203, paragraph (b);
b. In Sec. 92.303, paragraph (b);
c. In Sec. 92.403, paragraph (b); and
d. In Sec. 92.503, paragraph (b).
Secs. 92.403 and 92.503 [Amended]
4. Sections 92.403 and 92.503 are amended by removing the words
``Baudette and'' in the following places:
a. In Sec. 92.403, paragraph (e) and
b. In Sec. 92.503, paragraph (e).
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
4. The authority citation for part 98 is revised to read as
follows:
Authority: 7 U.S.C. 1622; 21 U.S.C. 103, 104, 105, 111, 134a,
134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17,
2.51, and 371.2(d).
Sec. 98.33 [Amended]
5. In Sec. 98.33, paragraph (b) is amended by adding ``Baudette,
Minnesota;'' immediately after ``Sault Ste. Marie, Michigan;''.
Done in Washington, DC, this 22nd day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-7598 Filed 3-28-95; 8:45 am]
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