95-25236. Conferring Designated Port Status on Atlanta, Georgia

[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53329-53331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25236]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AD33


Conferring Designated Port Status on Atlanta, Georgia

agency: U.S. Fish and Wildlife Service, Interior.

action: Proposed rule.

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summary: The Fish and Wildlife Service proposes to confer designated 
port status on Atlanta, Georgia, pursuant to section 9(f) of the 
Endangered Species Act of 1973. Designated port status would allow the 
direct importation and exportation of fish and wildlife, including 
parts and products, through Atlanta, Georgia, a growing international 
port. Under this proposed rule, the regulations would be amended to add 
Atlanta, Georgia, to the list of Customs ports of entry designated for 
the importation and exportation of wildlife.

dates: Comments must be submitted on or before December 12, 1995.
    Public hearing, see Supplementary Information section.

addresses: Comments and materials concerning this proposal should be 
sent to the Director, U.S. Fish and Wildlife Service, P.O. Box 3247, 
Arlington, Virginia 22203-3247. Comments and materials may be hand-
delivered to the U.S. Fish and Wildlife Service, Division of Law 
Enforcement, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia, 
between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday.
    Public hearing, see Supplementary Information section.

for further information contact: Special Agent Thomas Striegler, at the 
above address[[phone]], or Special Agent Cecil M. Halcomb, 
Assistant Regional Director, U.S. Fish and Wildlife Service, P.O. Box 
49226, Atlanta, Georgia 30359, [[phone]].

SUPPLEMENTARY INFORMATION:

Background

    Designated ports are the cornerstones of the process by which the 
U.S. Fish and Wildlife Service (Service) regulates the importation and 
exportation of wildlife in the United States. With limited exceptions, 
all fish or wildlife must be imported and exported through such ports 
as required by section 9(f) of the Endangered Species Act of 1973, 16 
U.S.C. 1538(f). The Secretary of the Interior is responsible for 
designating 

[[Page 53330]]
these ports by regulation, with the approval of the Secretary of the 
Treasury after notice and the opportunity for public hearing.
    Under Service regulations, wildlife must be imported and exported 
through one of the designated ports unless the importer/exporter meets 
one of the exceptions in the regulations. The most common exception is 
through a permit issued by the Service authorizing an importer or 
exporter to ship through a non-designated port. The Service maintains a 
staff of Wildlife Inspectors at each designated port to inspect and 
clear wildlife shipments.
    The Service presently has twelve designated Customs ports of entry 
for the importation and exportation of wildlife, these include: the 
ports of Los Angeles, California; San Francisco, California; Miami, 
Florida; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana; 
New York, New York; Seattle, Washington; Dallas/Forth Worth, Texas; 
Portland, Oregon; Baltimore, Maryland; and Boston, Massachusetts.

Need for Proposed Rulemaking

    Containerized air and ocean cargo has become the paramount means by 
which both live wildlife and wildlife products are transported into and 
out of the United States. The use of containerized cargo by the airline 
and shipping industries has compounded the problems encountered by the 
Service and by wildlife importers and exporters in the Atlanta area. In 
many instances, foreign suppliers will containerize entire shipments 
and route them directly by air to Atlanta. If, upon arrival, the 
shipment contains any wildlife, those items must be shipped under 
Customs bond to a designated port for clearance. In most cases, this 
has involved shipping wildlife products to either Miami, Florida; 
Chicago, Illinois; New York, New York; Baltimore, Maryland; or New 
Orleans, Louisiana, the nearest designated ports, but reshipment has 
been both time consuming and expensive. In other cases containerized 
maritime cargo is transhipped overland for post entry inspection at 
Atlanta. Atlanta is one of the Nation's busiest inland seaports, with 
an estimate of greater than 25,000 ocean containers arriving annually 
by rail on Atlanta ocean bills of lading. In addition there has been a 
steady increase in mail inspections being conducted at Atlanta.
    Atlanta area importers and exporters have attempted to direct 
entire shipments to a designated port prior to their arrival at 
Atlanta, in an effort to alleviate problems, even though such shipments 
may contain only a small number of wildlife items. This method of 
shipment meets the current regulatory requirements of the Service; 
however, this is also time consuming and entails additional expense. It 
is also contrary to the increasing tendency of foreign suppliers to 
ship consignments directly to regional ports such as Atlanta. In 
addition, time is a key element when transporting Live wildlife and 
perishable wildlife products. Without designated port status, 
businesses in Atlanta cannot import and export wildlife products 
directly, and consequently may be unable to compete economically with 
merchants in other international trading centers located in designated 
ports.
    With airborne shipments, mail and transhipped maritime 
containerized cargo into and out of Atlanta steadily increasing, the 
Service has concluded that the port should be designated for wildlife 
imports and exports. A tremendous increase in the volume of shipments 
has made Atlanta the second largest port of entry in the Southeast. The 
Service's figures for fiscal year 1994 for the present nondesignated 
port of Atlanta indicate a total of 397 shipments occurred representing 
an estimated total value worth $3,801,043 of wildlife and wildlife 
products. The Service projects that with the establishment of Atlanta 
as a designated port fro the importation and exportation of wildlife 
and wildlife products that the number of shipments through the port 
would triple over the first 3 to 5 years. This projection is based upon 
the Service's previous experience at other newly designated ports such 
as Dallas/Fort Worth and Portland. As Atlanta prepares to host the 1996 
Summer Olympics, the Service expects even greater demands to be placed 
on its inspection capabilities. Conferring the status of a designated 
port on Atlanta, therefore, would serve not only the interests of 
businesses in the region, but would also facilitate the mission of the 
Service.
    The Service is making this proposal to confer designated port 
status upon Atlanta, Georgia, contingent upon the continued funding of 
adequate Service inspection and administrative personnel to properly 
staff the port. The Hartsfield Atlanta International Airport, City of 
Atlanta, Department of Aviation (Airport), P.O. Box 20509, Atlanta, 
Georgia, has agreed in principle to fund the operational costs of the 
port, subject to a dollar cap, to the extent that those costs exceed 
the fees collected at the port for inspection services. This 
arrangement will be set forth in a Memorandum of Agreement between the 
Airport and the Service to be executed prior to publication of a final 
rule conferring designated port status on Atlanta. The Airport is 
expected to provide such funds to the Service through a contributed 
fund mechanism. See 16 U.S.C. 742f (b). This agreement will provide for 
sufficient operational funding for the port, initially to include two 
Wildlife Inspectors and one clerical/administrative support position.

Notice of Public Hearing

    Section 9(f) of the Endangered Species Act of 1973, 16 U.S.C. 
1538(f)(1), requires that the public be given an opportunity to comment 
at a public hearing prior to the Secretary of the Interior conferring 
designated port status on any port.
    Accordingly, the service has scheduled a public hearing for Friday, 
October 20, 1995, from 10:00 A.M. to 12:00 Noon. The hearing will be 
held at the Office of the General Manager, North Terminal Building, 
Hartsfield Atlanta International Airport, Atlanta, ([phone]). 
All interested persons wishing to present oral or written testimony at 
this hearing must advise the Service in writing by Tuesday, October 17, 
1995. All such requests must be submitted in writing to: Assistant 
Regional Director, U.S. Fish and Wildlife Service, P.O. Box 49226, 
Atlanta, Georgia 30359, ([phone]). Two (2) copies of the 
testimony should be submitted with each request.

Required Determinations

    This rule was not subject to review by the Office of Management and 
Budget (OMB) under Executive Order 12866. The Department of the 
Interior (Department) has determined that this proposed rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This proposal will have a positive incidental effect upon small 
entities by reducing overland transportation costs.
    The Service anticipates that the addition of the Port of Atlanta to 
the list of Service Designated Ports for the importation and 
exportation of wildlife to have no adverse affects upon individual 
industries and cause no demographic changes in populations. In 
addition, the Service anticipates that this proposal will not have the 
effect of increasing the direct costs of small entities and will have 
no effect upon information collection and recordkeeping requirements. 
The Service, in light of the above analysis, has determined that the 
proposed rule will not have a significant economic effect on a 
substantial number of small 

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entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq.
    This proposed rule has no private property takings implications as 
defined in Executive Order 12630. The only effect of this rule will be 
to make it easier for businesses to import and export wildlife directly 
through Atlanta, Georgia. This action does not contain any federalism 
impacts as described in Executive Order 12612. This proposed rule does 
not contain any information collection requirements which require 
approval by the Office of Management and Budget under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. These proposed changes in the 
regulations in Part 14 are regulatory and enforcement actions which are 
covered by a categorical exclusion from National Environmental Policy 
Act procedures under 516 Department Manual; the proposed changes have 
no Environmental Justice implications under Executive Order 12898. A 
determination has been made pursuant to Section 7 of the Endangered 
Species Act that the proposed revision of Part 14 will not effect 
federally listed species. The Department has certified that these 
regulations meet the applicable standards provided in Section 2(a) and 
2(b)(2) of Executive Order 12778.

Author

    The originator of this proposed rule is Paul McGowan, Law 
Enforcement Specialist, Division of Law Enforcement, U.S. Fish and 
Wildlife Service, Washington, DC.

List of Subjects in 50 CFR Part 14

    Animal welfare, Exports, Fish, Imports, Labeling, Reporting and 
recordkeeping requirements, Transportation, Wildlife.

Regulation Promulgation

    For the reasons set out in the preamble, the Service proposes to 
amend title 50, chapter I, subchapter B of the Code of Federal 
Regulations as set forth below.

PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE

    1. The authority citation for part 14 is revised to read as 
follows:

    Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1540(f), 3371-
3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).


Sec. 14.12   [Amended]

    2. Section 14.12(k) is amended by removing the word ``and''.
    3. Section 14.12(l) is amended by removing the period and adding 
the word ``and'' preceded by a semicolon.
    4. Section 14.12 is amended by adding the following new paragraph 
(m):


Sec. 14.12   Designated Ports.

* * * * *
    (m) Atlanta, Georgia.

    Dated: September 25, 1995.
George T. Frampton,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-25236 Filed 10-12-95; 8:45 am]
BILLING CODE 4310-55-M