[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10032]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 91

[Docket No. 93-106-2]

 

Ports Designated for the Exportation of Animals

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the ``Inspection and Handling of Livestock for 
Exportation'' regulations by adding Dallas/Fort Worth International 
Airport in Texas to the list of ports designated as ports of 
embarkation and by designating DFW Quarantine as the export inspection 
facility, for horses only, for that port. The Dallas/Fort Worth 
International Airport and DFW Quarantine appear to meet the 
requirements of the regulations for designation as a port of 
embarkation and an animal export inspection facility, respectively. We 
are also revising the listing for a port of embarkation in Los Angeles, 
CA, that has changed its name and telephone number. These actions 
update the regulations and add a port and an inspection facility 
through which horses may be processed for export.

EFFECTIVE DATE: May 26, 1994.

FOR FURTHER INFORMATION CONTACT: For information concerning the Texas 
port, contact Dr. Lisa Ferguson, Senior Staff Veterinarian, Import-
Export Animals Staff, National Center for Import-Export, Veterinary 
Services, APHIS, USDA, room 760, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, (301) 436-7511.
    For information concerning the California port, contact Dr. Michael 
David, Senior Staff Veterinarian, Import-Export Animals Staff, National 
Center for Import-Export, Veterinary Services, APHIS, USDA, room 761, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-
7511.

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. The 
regulations state, among other things, that all animals, except animals 
being exported to Canada or Mexico, must be exported through designated 
ports of embarkation.
    To receive designation as a port of embarkation, a port must have 
export inspection facilities available for the inspection, holding, 
feeding, and watering of animals prior to exportation to ensure that 
the animals meet certain requirements specified in the regulations. To 
receive approval as an export inspection facility, the regulations 
provide that a facility must meet specified standards in Sec. 91.14(c) 
concerning materials, size, inspection implements, cleaning and 
disinfection, feed and water, access, testing and treatment, location, 
disposal of animal wastes, lighting, and office and rest room 
facilities.
    On November 12, 1993, we published in the Federal Register (58 FR 
59962-59963, Docket No. 93-106-1), a proposal to amend the regulations 
by designating the Dallas/Fort Worth International Airport in Texas as 
a port of embarkation for horses. DFW Quarantine in Lewisville, TX, was 
proposed as the export inspection facility for that port, for horses 
only.
    We also proposed to make changes in the regulations indicating the 
name and telephone number changes undertaken by the export inspection 
facility currently listed as Steifel Bros. Livestock in Los Angeles, 
CA.
    We solicited comments for our proposal for a 30-day comment period 
ending December 13, 1993. We did not receive any comments. The facts 
presented in the proposed rule still provide the basis for this final 
rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866.
    In 1992, there were over 73,000 horses exported out of the United 
States. Approximately 60,000 horses (82 percent) were exported to 
Canada, mostly through northern land border ports, while about 6,000 
horses (8 percent) were exported to Western Europe by way of John F. 
Kennedy Airport in New York. The remaining exports included about 3,700 
horses to Latin America, about 3,500 horses to Asia, and a small number 
of horses to Australia, New Zealand, and Africa. Horses exported to 
Latin America generally were shipped through Miami, while exports to 
Asia generally were shipped through Los Angeles.
    Although we do not know how many horses will be exported out of the 
United States through the Dallas/Fort Worth International Airport, we 
do not expect the number to exceed 5,000 horses annually. Further, we 
believe that only a few entities will engage in the export of horses 
from Dallas/Fort Worth and that they all will be small entities, having 
100 or fewer employees.
    We believe, therefore, that this action will have no significant 
impact on horse exports from the United States. Moreover, we expect any 
impact to be beneficial, since the proposal establishes an additional, 
possibly less expensive, port for the export of horses from the United 
States.
    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 
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 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, 9 CFR part 91 is amended to read 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).

    2. In Sec. 91.14, paragraph (a)(1)(i)(B) is revised, paragraphs 
(a)(15)(ii) through (a)(15)(vi) are redesignated as (a)(15)(iii) 
through (a)(15)(vii), and new paragraphs (a)(15)(ii) and (a)(15)(ii)(A) 
are added to read as follows:


Sec. 91.14  Ports of embarkation and export inspection facilities.

    (a) * * *
    (1) * * *
    (i) * * *
    (B) Valley Livestock, 14380 South Euclid Avenue, Chino, CA 91710, 
(909) 597-1756.
* * * * *
    (15) Texas.
* * * * *
    (ii) Dallas/Fort Worth International Airport.
    (A) DFW Quarantine (horses only), 1010 A Chinn Chapel Road, 
Lewisville, TX 75067, (214) 317-6861.
* * * * *
    Done in Washington, DC, this 20th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10032 Filed 4-25-94; 8:45 am]
BILLING CODE 3410-34-P