[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Pages 7137-7138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2899]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 60, No. 25 / Tuesday, February 7, 1995 /
Proposed Rules
[[Page 7137]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 92 and 98
[Docket No. 94-110-1]
Limited Ports; Denver, CO
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning
importation of animals and animal germ plasm by removing Denver, CO,
from the list of limited ports of entry for animals and animal products
that do not require restraint or holding facilities. The port has
handled few importations and no longer has the personnel required to
effectively provide inspection services for this location.
DATES: Consideration will be given only to comments received on or
before April 10, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-110-1, Animal and Plant Health Inspection Service, Policy
and Program Development, Regulatory Analysis and Development, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comments refer to Docket No. 94-110-1. Comments 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 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-Export, 4700 River Road Unit 38,
Riverdale, Maryland 20737-1231; (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, animal
products, and animal germ plasm into the United States to prevent the
introduction of various animal diseases. The regulations designate
limited ports of entry for germ plasm and certain animals and animal
products, such as test specimens, that do not require restraint or
holding facilities. Sections 92.102(d), 92.203(d), 92.303(d),
92.403(e), 92.503(e), and 98.33(d) of the regulations list the limited
ports having inspection facilities for the importation of certain
birds, poultry and poultry products, horses and horse products,
ruminants and ruminant products, swine and swine products, and germ
plasm, respectively.
Denver, CO, is currently listed in these sections as a limited
port. However, due to staffing shortages in Denver, CO, the Animal and
Plant Health Inspection Service (APHIS) cannot guarantee that personnel
will be available on a regular basis to perform inspections required by
the regulations. Further, within the past year, there have been few
shipments of animals, animal products, or germ plasm arriving at the
port in Denver, CO, for inspection. For these reasons, APHIS proposes
to amend Secs. 92.102(d), 92.203(d), 92.303(d), 92.403(e), 92.503(e),
and 98.33(d) of the regulations by removing Denver, CO, as a limited
port.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
Only certain animals and animal products from Canada and germ plasm
have been imported into Denver, CO, during the past several years.
Therefore, we believe that the primary impact of this proposal will be
on importers of those animals and animal products from Canada and
importers of animal germ plasm. These importers will no longer be able
to import these articles through the Stapleton International Airport,
which is located in Denver, CO. However, there have been few shipments
of animals, animal products, or germ plasm imported through Denver, CO,
during the past year. After removing Denver, CO, as a limited port of
entry, there are still many ports throughout the United States that
will remain available as alternate ports, including over 20 limited
ports. Because of the reasons provided above, we believe that removing
Denver, CO, from the lists of limited ports will have little if any
economic impact on importers or other entities, large or small. We do
not anticipate any change in the volume or number of shipments of
animals, animal products, or germ plasm entering the United States, or
in the number of persons importing them, due to removing Denver, CO, as
a limited port.
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 12778
This proposed rule has been reviewed under Executive Order 12778,
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 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.
9 CFR Part 98
Animal diseases, Imports.
Accordingly, 9 CFR parts 92 and 98 would be amended as follows:
[[Page 7138]]
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 would continue 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 (d) would be amended by removing
``Denver, CO;''.
Secs. 92.203, 92.303, 92.403, and 92.503 [Amended]
3. Sections 92.203, 92.303, 92.403, and 92.503 would be amended by
removing the words ``Denver, Colorado;'' in the following places:
(a) In Sec. 92.203, paragraph (d);
(b) In Sec. 92.303, paragraph (d);
(c) In Sec. 92.403, paragraph (e); and
(d) In Sec. 92.503, paragraph (e).
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
4. The authority citation for part 98 would be 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 (d) would be amended by removing the
words ``Denver, Colorado;''.
Done in Washington, DC, this 1st day of February 1995.
George O. Winegar,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2899 Filed 2-6-95; 8:45 am]
BILLING CODE 3410-34-P
