[Federal Register: November 8, 2002 (Volume 67, Number 217)]
[Rules and Regulations]
[Page 68021-68022]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no02-2]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93 and 98
[Docket No. 02-064-1]
Canadian Border Ports; Blaine and Lynden, WA
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations by removing Blaine and Lynden,
WA, from the lists of Canadian border ports designated as ports of
entry for the importation of certain animals, birds, poultry, and
animal germ plasm into the United States. We are removing the ports of
Blaine and Lynden, WA, from the lists of designated Canadian border
ports for the importation of animals, birds, poultry, or germ plasm
into the United States because neither port has been used for those
purposes in approximately 4 years. This rule will update the
regulations so that they accurately reflect the ports used for the
importation of certain animals and animal semen into the United States.
DATES: This rule will be effective on January 7, 2003, unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before December 9, 2002. 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: You may submit comments or notice of intent to submit
adverse comments by postal mail/commercial delivery or by e-mail. If
you use postal mail/commercial delivery, please send four copies (an
original and three copies) to: Docket No. 02-064-1, Regulatory Analysis
and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. 02-064-1. If you use e-mail, address your comment to
regulations@aphis.usda.gov. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 02-064-1'' on the subject
line.
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 dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, Sanitary Issues Management Staff, National Center for
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD
20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 93 and 98 (referred to below as the
regulations) restrict the importation of specified animals, birds,
poultry, and their products into the United States to prevent the
introduction of communicable diseases of livestock and poultry. The
regulations designate land border ports along the U.S.-Canadian border
that have inspection facilities for the importation of certain animals,
birds, poultry, and animal germ plasm requiring inspection.
The regulations in part 93 specify, among other things, the
Canadian border ports through which certain animals may be imported
into the United States. The designated Canadian border ports for
ratites are listed in Sec. 93.107(b)(2); for poultry, in Sec.
93.203(b); for horses, in Sec. 93.303(b)(1); for ruminants, in Sec.
93.403(b); for swine, in Sec. 93.503(b); and for miscellaneous
animals, in Sec. 98.703(a)(2). In part 98, Sec. 98.6 provides that
animal embryos regulated under subpart A of part 98 may be imported at
the ports of entry listed in Sec. 93.303 for horses, Sec. 93.403 for
ruminants, or Sec. 93.503 for swine, and Sec. 98.33(b) lists the
Canadian border ports through which certain animal semen from Canada
may be imported.
Blaine, Lynden, and Sumas, WA, which are in geographical proximity
to one another, are among the ports of entry currently listed in the
regulations. Of those three ports, Sumas, WA, is now used exclusively
for the importation of certain animals, ratites, poultry, and animal
germ plasm into the United States because Blaine and Lynden, WA, have
not been used as ports of entry for those purposes in approximately 4
years. Therefore, in accordance with the procedures explained below
under ``Dates,'' we are amending Sec. 93.107(b)(2) by removing Blaine,
WA, from the list of Canadian border ports for ratites from Canada, and
by removing Blaine and Lynden, WA, from the lists of Canadian border
ports in Sec. Sec. 93.203(b), 93.303(b)(1), 93.403(b), 93.503(b),
93.703(a)(2), and 98.33(b).
Removing Blaine and Lynden, WA, from the lists of Canadian border
ports will update the regulations so that they accurately reflect the
ports of entry for the importation of certain animals, birds, poultry,
and animal germ plasm into the United States.
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, on
January 7, 2003, unless we receive written adverse comments or written
notice of intent to submit adverse comments on or before December 9,
2002.
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.
As discussed above, if we receive no written adverse comments or
written
[[Page 68022]]
notice of intent to submit adverse comments that are postmarked,
delivered, or e-mailed 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 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 under
Executive Order 12866.
This rule will remove Blaine, WA, as a port of entry for the
importation of ratites into the United States. It will also remove
Blaine and Lynden, WA, as ports of entry for the importation of
poultry, horses, ruminants, swine, and animal germ plasm. We are taking
these actions because neither port has been used for the importation of
animals or animal germ plasm in over 4 years. These actions would
update the regulations so that they accurately reflect the ports used
for the importation of certain animals and germ plasm into the United
States.
Since the ports of Blaine and Lynden, WA, have not been used to
inspect animals and animal germ plasm imported into the United States
in approximately 4 years, this action will have no economic effect on
any entity. Small entities located at or around the ports of Blaine and
Lynden, WA, will not be affected by this proposed rule for the same
reason that no economic entity of any size will be affected.
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
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 98
Animal diseases and 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 is revised to read as
follows:
Authority: 7 U.S.C. 1622, 8303, 8306-8308, 8310, 8313, and 8315;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 93.107 [Amended]
2. In Sec. 93.107, paragraph (b)(2) is amended by removing the
words ``Blaine, WA;''.
Sec. Sec. 93.203, 93.303, 93.403, 93.503, and 93.703 [Amended]
3. Sections 93.203(b), 93.303(b)(1), 93.403(b), 93.503(b), and
93.703(a)(2) are amended by removing the words ``Blaine, Lynden,'' and
by removing the comma immediately after the word ``Oroville''.
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
4. The authority citation for part 98 is revised to read as
follows:
Authority: 7 U.S.C. 1622, 8303, 8306, 8307, 8313, and 8315; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 98.33 [Amended]
5. In Sec. 98.33, paragraph (b) is amended by removing the words
``Blaine, Lynden,'' and by removing the comma immediately after the
word ``Oroville''.
Done in Washington, DC, this 5th day of November 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-28476 Filed 11-7-02; 8:45 am]
BILLING CODE 3410-34-P