[Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
[Rules and Regulations]
[Pages 23178-23179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10872]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93 and 98
[Docket No. 98-102-1]
Limited Ports; Memphis, TN
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
Memphis, TN, to the list of limited ports of entry for semen, embryos,
and products of horses, ruminants, and swine. We have determined that
this port has inspection facilities for this purpose and that Animal
and Plant Health Inspection Service personnel are available to provide
service at this location. This action will provide importers with an
alternative port of entry for semen, embryos, and products of horses,
ruminants, and swine.
DATES: This rule will be effective on June 29, 1999 unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before June 1, 1999.
ADDRESSES: Please send your comment and three copies to: [Docket No.
98-102-1], Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 98-102-1.
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 rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Morley H. Cook, Senior Staff
Veterinarian, Animals Program, National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301)
734-8686; or e-mail: morley.h.cook@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93 (referred to below as the
regulations) restrict the importation of specified animals and animal
products into the United States to prevent the introduction of
communicable animal diseases. Subpart C--Horses, Secs. 93.300 through
93.326 of the regulations, covers the importation of horses. Section
93.303 designates ports approved for the importation of horses. Section
93.303, paragraph (d), lists limited ports that have inspection
facilities for the importation of horses and horse products, such as
horse test specimens, that do not appear to require restraint and
holding facilities for inspection at the port of entry.
Subpart D--Ruminants, 93.400 through 93.435 of the regulations,
covers the importation of ruminants. Section 93.403 designates ports
approved for the importation of ruminants. Section 93.403, paragraph
(e), lists limited ports that have inspection facilities for the entry
of ruminants and ruminant products, such as ruminant test specimens,
that do not appear to require restraint and holding inspection
facilities for inspection at the port of entry.
Subpart E--Swine, 93.500 through 93.523 of the regulations, covers
the importation of swine. Section 93.503 designates ports approved for
the importation of swine. Section 93.503, paragraph (e), lists limited
ports that have inspection facilities for the entry of swine and swine
products, such as swine test specimens, that do not appear to require
restraint and holding inspection facilities for inspection at the port
of entry.
The regulations in 9 CFR part 98 restrict the importation of
certain animal embryos and animal semen. Subpart C--Certain Animal
Semen, 98.30 through 98.37 of the regulations, covers the importation
of certain animal semen. Section 98.33 designates ports for the
importation of certain animal semen. Section 98.33, paragraph (d),
lists limited ports that have inspection facilities for the entry of
animal semen.
This rule will amend 93.303(d), 93.403(e), 93.503(e), and 98.33(d),
in accordance with the procedures explained below under ``Dates,'' by
adding Memphis, TN, to the list of limited ports set forth in each of
those paragraphs. However, the Memphis, TN, entry in each of the
amended paragraphs in part 93 will specify that the port is not
designated a limited port for the entry of live animals (98.33 deals
only with animal semen). This is because, although the port has
inspection facilities and Animal and Plant Health Inspection Service
(APHIS) personnel to provide service for the entry of semen, embryos,
and products, it does not have adequate facilities for the entry of any
live animals covered by the regulations. Other ports already designated
in part 93 as limited ports are able to handle some live animals, but
not those animals requiring restraint and holding facilities.
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 document 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
document 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.
[[Page 23179]]
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.
This rule adds Memphis, TN, to the list of limited ports of entry
for semen, embryos, and products of horses, ruminants, and swine. We
have determined that Memphis, TN, meets the requirements for being
designated as a limited port of entry that has inspection facilities
for semen, embryos, and products of horses, ruminants, and swine.
However it does not have the facilities necessary to be designated as a
port of entry for live animals.
Adding and removing limited ports, according to need, is a
continuing program in APHIS. In this case, the designation of Memphis,
TN, as a new limited port of entry will facilitate small U.S. importers
of semen, embryos, and products of horses, ruminants, and swine in the
surrounding area by making it logistically easier for them. Until now,
the closest limited ports of entry to Tennessee and the surrounding
States were in Chicago, IL, and Toledo, OH, to the north; Atlanta, GA,
New Orleans, LA, and Tampa, FL, to the south; and nothing in between.
Memphis, TN, serves as the first point of entry for Federal
Express, which is a major international carrier of air freight. By
designating Memphis, TN, as a new limited port, U.S. importers of
semen, embryos, and products of horses, ruminants, and swine in a
broader area of the United States will be connected by air.
This rule will produce no significant budgetary effect on the
Federal Government, since APHIS will assign personnel to the port of
Memphis, TN, on an ``as needed'' basis only.
The Regulatory Flexibility Act requires that agencies consider the
economic effect of rules on small businesses, organizations, and
governmental jurisdictions. Businesses and organizations affected by
this addition of a limited port of entry will be livestock producers in
the area of Tennessee and the surrounding States. It is not known how
many of those entities are small under the U.S. Small Business
Administration's standards; however the effects will only be positive
due to the closer distance, faster service, and the direct connection
with an international air freight carrier.
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 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict 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 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 98
Animal diseases, Imports.
Accordingly, we are amending 9 CFR parts 93 and 98 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
1. The authority citation for part 93 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, 136, and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 93.303 [Amended]
2. In Sec. 93.303, paragraph (d) is amended by adding ``Memphis,
Tennessee (no live animals);'' immediately after ``Puerto Rico;''.
Sec. 93.403 [Amended]
3. In Sec. 93.403, paragraph (e) is amended by adding ``Memphis,
Tennessee (no live animals);'' immediately after ``Puerto Rico;''.
Sec. 93.503 [Amended]
4. In Sec. 93.503, paragraph (e) is amended by adding ``Memphis,
Tennessee (no live animals);'' immediately after ``Puerto Rico;''.
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
5. The authority citation for part 98 continues to read as follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105,
111, 134a, 134b, 134c, 134d, 134f, 136 and 136a; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.2(d).
Sec. 98.33 [Amended]
6. In Sec. 98.33, paragraph (d) is amended by adding ``Memphis,
Tennessee;'' immediately after ``Puerto Rico;''.
Done in Washington, DC, this 26th day of April 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-10872 Filed 4-29-99; 8:45 am]
BILLING CODE 3410-34-P
