[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4591]


[[Page Unknown]]

[Federal Register: March 1, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 93-150-1]

 

Ports Designated for Exportation of Animals, Stockton, CA

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the ``Inspection and Handling of Livestock for 
Exportation'' regulations by removing the listing for the Hemet Flying 
Service, Stockton, CA, export inspection facility, which is no longer 
operating. Also, we are removing Stockton, CA, as a port of 
embarkation. These actions will update the regulations.

DATES: This rule will be effective on May 2, 1994 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments on or before March 31, 1994.

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. 93-150-1. 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 encouraged to call ahead on (202) 690-
2817 to facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Andrea Morgan, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 763, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 91, ``Inspection and Handling of 
Livestock for Exportation'' (referred to below as the regulations), 
prescribe conditions for exporting animals from the United States. 
Section 91.14(a) contains a list of designated ports of embarkation and 
export inspection facilities.
    This rule will amend Sec. 91.14(a) in accordance with the 
procedures explained below under ``Dates.'' The amendments will remove 
the listing for the Hemet Flying Service, Stockton, CA, export 
inspection facility, which has ceased operations. Also, because 
Stockton, CA, does not have any other export inspection facility, the 
amendments will remove Stockton, CA, as a port of embarkation.

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 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 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, confirming that it is effective on the date 
indicated in this document. 
Executive Order 12866 and Regulatory Flexibility Act
    This rule was reviewed under Executive Order 12866.
    Currently, the State of California is served by designated ports of 
embarkation in Los Angeles, San Francisco, and Stockton. This rule will 
remove Stockton as a port of embarkation for the State of California. 
Because this export inspection facility has already ceased operating as 
an animal export inspection facility, its deletion from the regulations 
will have no economic impact. Further, two ports of embarkation located 
in San Francisco, CA, approximately 60 miles west of Stockton, CA, are 
available to animal exporters who had used the Hemet Flying Service 
animal export inspection facility.
    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 12372 
    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.) 
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 in conflict 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 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.
    Accordingly, 9 CFR part 91 is amended as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION 
    1. The authority citation for part 91 continues to read as follows:

    Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f, 
612, 613, 614, 618; 46 U.S.C. 466a, 466b; 49 U.S.C. 1509(d); 7 CFR 
2.17, 2.51, and 371.2(d).


Sec. 91.14  [Amended]

    2. In Sec. 91.14, paragraph (a)(1)(iii) is removed.
* * * * *
    Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4591 Filed 2-28-94; 8:45 am]
BILLING CODE 3410-34-P