[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27937-27938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13501]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 96-094-1]
Limited Ports; Dayton, OH
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
Dayton, OH, to the list of limited ports of entry for horses and horse
products, such as horse test specimens, that do not appear to require
restraint and holding inspection facilities. 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 an additional port
of entry for horses and horse products that do not require restraint
and holding facilities for inspection at the port of entry.
DATES: This rule will be effective on July 21, 1997 unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before June 23, 1997.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Docket No.
96-094-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that
your submission refers to Docket No. 96-094-1. 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 Products, National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301)
734-8423; or e-mail: dvogt@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (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. 92.300 through
92.326 of the regulations, covers the importation of horses. Section
92.303 designates ports approved for the importation of horses. Section
92.303, paragraph (d), lists limited ports, which 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.
This rule will amend Sec. 92.303(d) in accordance with the
procedures explained below under DATES, by adding Dayton, OH, to the
list of limited ports for the entry of horses and horse products. 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 horses and
horse products that do not require restraint and holding
[[Page 27938]]
facilities for inspection at the port of entry.
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 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.
We have determined that Dayton, OH, meets the requirements for
being designated as a limited port of entry for horses and horse
products. A limited port of entry has inspection capabilities for
animals and products that do not appear to require restraint and
holding facilities for inspection.
This rule will allow imported horses and horse products that do not
require restraint and holding facilities for inspection at the port of
entry to be imported into the United States through Dayton, OH.
Allowing these horses and horse products to be imported through Dayton,
OH, is not expected to result in any significant increase in the number
of horses and horse products imported into the United States. The
opening of Dayton, OH, as a limited port only provides an alternative
point of entry for horses and horse products already allowed to be
imported into the United States. It is expected that the number of
horses imported through Dayton, OH, will be quite small, probably fewer
than 20 a year. A similarly small quantity of horse products is also
expected to be imported through the port.
The entities affected by this rule will be those importers who wish
to use the port. We believe that most of these entities will be
considered small entities by the Small Business Administration's
standards, but we do not know how many of them will opt to use the
port. The port in Dayton, OH, will provide these importers with an
alternative point of entry for horses and horse products, which could
result in added convenience and lowered costs for the importers. We do
not anticipate that there will be a significant economic impact on any
small entities as a result of this rule.
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 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 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 9 CFR Part 92
Animal disease, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 92 is amended as follows:
PART 92--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 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 2.22, 2.80, and 371.2(d).
Sec. 92.303 [Amended]
2. In Sec. 92.303, paragraph (d) is amended by adding the words
``Dayton, Ohio;'' immediately after ``Montana;''.
Done in Washington, DC, this 19th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-13501 Filed 5-21-97; 8:45 am]
BILLING CODE 3410-34-P
