[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17246]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 92
[Docket No. 94-014-1]
Ports Designated for Importation of Birds
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
the Greater Cincinnati International Airport, which is located in
Covington, KY, as a limited port of entry for certain birds. This
action will add another port through which certain pet birds from
Canada, certain pet birds that originated in the United States, and
performing or theatrical birds may be offered for entry into the United
States. We are also making several nonsubstantive changes to correct
errors in the regulations concerning importation of birds.
DATES: This rule will be effective on September 13, 1994 unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before August 15, 1994. 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.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Chief,
Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your submission refers to Docket No. 94-014-1. 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. Tracye Butler, Staff Veterinarian,
Import-Export Animals Staff, National Center for Import-Export,
Veterinary Services, APHIS, USDA, room 767, Federal Building, 6505
Belcrest Road, Hyattsville, MD 20782, (301) 436-5097.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
into the United States to prevent the introduction of communicable
diseases of livestock and poultry. Subpart A--Birds, Secs. 92.100
through 92.107 of the regulations, regulates the importation of pet
birds, commercial birds, zoological birds, research birds, and
performing or theatrical birds into the United States.
This direct final rule will add the Greater Cincinnati
International Airport, which is located in Covington, KY, as a limited
port of entry for certain birds that are not required to be quarantined
upon arrival at the port of entry. The Greater Cincinnati International
Airport has no quarantine or holding facilities for birds. Under
Secs. 92.101(c)(1) and (c)(2) and 92.101(f) of the regulations, certain
pet birds from Canada, certain U.S.-origin pet birds, and performing or
theatrical birds are not required to be quarantined upon arrival at the
port of entry, and so may be offered for entry at a limited port.
In the past, limited ports of entry for certain pet birds and
performing or theatrical birds have been listed in Sec. 92.203(d) of
the regulations, which is part of Subpart B--Poultry. Limited ports
were listed in Sec. 92.203(d) because those ports were also designated
as ports of entry for performing or theatrical poultry and certain
other poultry and poultry products, such as poultry test specimens,
hatching eggs, and day-old chicks, none of which require restraint or
holding facilities.
There has been an increasing number of pet birds arriving at the
Greater Cincinnati International Airport; there have not, however, been
any poultry or poultry products offered for entry at the airport. For
this reason, the Animal and Plant Health Inspection Service (APHIS)
intends that the Greater Cincinnati International Airport be designated
as a limited port of entry for certain birds only. Therefore, in this
direct final rule, the list of limited ports in Sec. 92.203(d) will be
reproduced in Sec. 92.102, ``Ports designated for the importation of
birds.'' The list will be part of a new paragraph that states that the
ports listed in the paragraph are designated as ports of entry for pet
birds imported under the provisions of Sec. 92.101(c)(1) or (2) and
performing or theatrical birds imported under the provisions of
Sec. 92.101(f). This new paragraph will serve only as a means for APHIS
to add the Greater Cincinnati International Airport as a limited port
of entry for certain birds; its addition will have no substantive
effect on any other provisions of the regulations.
Miscellaneous
This direct final rule will also make several corrections to the
regulations.
Under Sec. 92.101(c)(3), certain pet birds are required to be
quarantined upon arrival at the port of entry. Section 92.103(c) states
that these birds may be offered for entry at one of the ports listed in
Sec. 92.102(a), which are the special ports for pet birds. However, in
Sec. 92.101(c)(3)(ii), there are three references to such birds being
offered for entry at a port of entry designated in Secs. 92.102 or
92.203. This direct final rule will correct Sec. 92.101(c)(3)(ii) by
removing the three references to Sec. 92.203 and, because we will be
adding a second list of ports to Sec. 92.102, changing the three
references to that section to specify the special ports listed in
Sec. 92.102(a). We will also correct a misspelling in paragraph
Sec. 92.101(c)(3)(ii).
In a final rule published in the Federal Register on July 13, 1993
(58 FR 37642, Docket No. 92-103-2), we added Port Canaveral, FL, as a
port of entry for pet birds, performing or theatrical birds, performing
or theatrical poultry, and certain other poultry and poultry products
such as poultry test specimens, hatching eggs, and day-old chicks. As
discussed above, such birds, poultry, and poultry products are not
required to be quarantined at the port of entry. We stated in the July
1993 final rule that the port of entry at Port Canaveral, FL, has
facilities only for those birds, poultry, and poultry products that do
not appear to require restraint and holding facilities, so we added
Port Canaveral, FL, to the list of limited ports in Sec. 92.203(d). We
also, however, mistakenly added Port Canaveral, FL, to the list of
special ports in Sec. 92.102(a), which are the special ports for pet
birds that are required to be quarantined upon arrival at the port of
entry. This direct final rule will correct that error by removing Port
Canaveral, FL, from the list of special ports in Sec. 92.102(a).
In Sec. 92.105(b), the first sentence refers to the limited ports
listed in Sec. 92.203(d) when the reference should actually be to the
special ports listed in Sec. 92.102(a). The error dates back to 1980,
before part 92 was reorganized into its present format, when the
limited ports and the special ports were listed in the same section
(the former Sec. 92.3). The special ports were listed in Sec. 92.3(e)
until the publication of a final rule in the February 22, 1980, Federal
Register (45 FR 11796-11797) that redesignated Sec. 92.3(e) as
Sec. 92.3(f) and added the list of limited ports as the new
Sec. 92.3(e). When paragraph (e) was redesignated, we inadvertently
failed to reflect that change in Sec. 92.8(c), which contained a
reference to Sec. 92.3(e). Not correcting that reference had the effect
of changing the meaning of Sec. 92.8(c) so that the paragraph stated
that pet birds requiring quarantine at the port of entry must be
presented for entry at ports that have no facilities for quarantine.
The error was repeated when part 92 was reorganized into its present
format by a final rule published in the Federal Register on August 2,
1990 (55 FR 31484-31562, Docket No. 90-023), and Sec. 92.8(c) became
Sec. 92.105(b). This direct final rule will, therefore, correct the
reference so the regulations in Sec. 92.105(b) regain their intended
meaning.
In Sec. 92.106(a), this direct final rule will restore one sentence
and delete another to correct an error that resulted from an earlier
final rule. A final rule published in the Federal Register on January
6, 1982 (47 FR 591-596, Docket No. 81-071), directed the revision of
the seventh and eighth sentences in Sec. 92.106(a), but the sixth and
seventh sentences were the ones actually revised in the regulations. As
a result of that error, the sentence ``The daily log and the
identification record shall be maintained for 12 months following the
date of the release of the bird from quarantine'' was deleted and the
sentence that begins ``During the quarantine period, the importer shall
* * *'' was left in the text. The former sentence will be restored and
the latter sentence deleted.
This direct final rule will amend Secs. 92.101, 92.102, 92.105, and
92.106 in accordance with the procedures explained below. The
amendments will add the Greater Cincinnati International Airport as a
limited port, add a list of limited ports to Sec. 92.102, and correct
several errors in the regulations.
Effective Date
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 or
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.
Executive Order 12866 and Regulatory Flexibility Act
This direct final 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 direct final rule will add the Greater Cincinnati
International Airport in Covington, KY, as a limited port of entry for
certain birds. The Greater Cincinnati International Airport has seen a
steady increase in the number of international arrivals, especially
from Europe. The airport is a hub for at least one major airline and
receives flights from London, Zurich, Paris, Frankfort, and Munich. The
increase in international arrivals is expected to continue.
When a traveler with a pet bird arrives at the Greater Cincinnati
International Airport without advance notice, APHIS inspectors at the
airport must contact APHIS Veterinary Services (VS) personnel in
Kentucky to arrange for an inspection. The traveler then must wait at
the airport for an APHIS veterinarian to arrive. In order to streamline
this process, the APHIS Area Veterinarian in Charge in Kentucky has
requested that the Greater Cincinnati International Airport be
designated as a limited port of entry for pet birds. Such a designation
will enable travelers to contact APHIS in advance to schedule an
inspection to coincide with their arrival, and APHIS/VS personnel will
have the necessary forms and equipment on hand to conduct those
inspections. This will allow a more orderly approach to the inspection
of pet birds arriving at the Greater Cincinnati International Airport
from foreign countries.
We believe that designating the Greater Cincinnati International
Airport as a limited port of entry for birds will have no economic
impact on domestic or foreign consumers or producers, large or small,
because the designation will not have any effect on commercial imports
of birds. No additional cost is expected for APHIS because no new
personnel will have to be hired, nor will any additional hours have to
be worked by the APHIS/VS personnel already on staff who currently
perform the required inspections for arriving pet birds without the
benefit of prior notice.
The remaining changes contained in this document are administrative
in nature and, therefore, will have no economic effect.
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 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 in 9 CFR Part 92
Animal diseases, 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 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. 92.101 [Amended]
2. Section 92.101 is amended as follows:
a. In paragraph (c)(3)(ii), in the second sentence, the words ``as
provided, in Sec. 92.102 or 92.203'' are removed and the words ``in
Sec. 92.102(a)'' are added in their place, and the reference
``Sec. 92.102 or 92.203'' is removed and the reference
``Sec. 92.102(a)'' is added in its place.
b. In paragraph (c)(3)(ii), in the third sentence, the reference
``Sec. 92.102 or 92.203'' is removed and the reference
``Sec. 92.102(a)'' is added in its place, and the word ``Newberg'' is
removed and the word ``Newburgh'' is added in its place.
3. In Sec. 92.102, paragraph (a) is revised as set forth below and
a new paragraph (d) is added to read as follows:
Sec. 92.102 Ports designated for the importation of birds.
(a) Special ports for pet birds. The following ports are designated
as ports of entry for pet birds imported under the provisions of
Sec. 92.101(c) and performing or theatrical birds imported under the
provisions of Sec. 92.101(f): Los Angeles and San Ysidro, CA; Miami,
FL; Honolulu, HI; New York, NY; and Hidalgo, TX.
* * * * *
(d) Limited ports. The following ports are designated as ports of
entry for pet birds imported under the provisions of Sec. 92.101(c) (1)
or (2) and performing or theatrical birds imported under the provisions
of Sec. 92.101(f): Anchorage and Fairbanks, AK; San Diego, CA; Denver,
CO; Jacksonville, Port Canaveral, St. Petersburg-Clearwater, and Tampa,
FL; Atlanta, GA; Chicago, IL; New Orleans, LA; Boston, MA; Baltimore,
MD; Portland, ME; Minneapolis, MN; Great Falls, MT; Covington, KY
(Greater Cincinnati International Airport); Portland, OR; San Juan, PR;
Galveston and Houston, TX; and Seattle, Spokane, and Tacoma, WA.
Sec. 92.105 [Amended]
4. In Sec. 92.105, paragraph (b), the reference ``Sec. 92.203(d)''
is removed and the reference ``Sec. 92.102(a)'' is added in its place.
Sec. 92.106 [Amended]
5. In Sec. 92.106, paragraph (a), the eighth sentence, which reads
``During the quarantine period, the importer shall comply with handling
procedures (including inspection and testing) as provided in paragraph
(c) of this section.'', is removed.
6. In Sec. 92.106, paragraph (a), a new sentence is added after the
fifth sentence to read as follows: ``The daily log and the
identification record shall be maintained for 12 months following the
date of the release of the bird from quarantine''.
Done in Washington, DC, this 11th day of July 1994.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-17246 Filed 7-14-94; 8:45 am]
BILLING CODE 3410-34-P
