[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