[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Pages 7137-7138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2899]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / 
Proposed Rules  
[[Page 7137]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92 and 98

[Docket No. 94-110-1]


Limited Ports; Denver, CO

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning 
importation of animals and animal germ plasm by removing Denver, CO, 
from the list of limited ports of entry for animals and animal products 
that do not require restraint or holding facilities. The port has 
handled few importations and no longer has the personnel required to 
effectively provide inspection services for this location.

DATES: Consideration will be given only to comments received on or 
before April 10, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-110-1, Animal and Plant Health Inspection Service, Policy 
and Program Development, Regulatory Analysis and Development, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comments refer to Docket No. 94-110-1. Comments 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 are requested to call ahead on (202) 690-2817 to facilitate 
entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. David Vogt, Senior Staff 
Veterinarian, Animal and Plant Health Inspection Service, Veterinary 
Services, National Center for Import-Export, 4700 River Road Unit 38, 
Riverdale, Maryland 20737-1231; (301) 734-8172.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 92 and 98 (referred to below as the 
regulations) restrict the importation of specified animals, animal 
products, and animal germ plasm into the United States to prevent the 
introduction of various animal diseases. The regulations designate 
limited ports of entry for germ plasm and certain animals and animal 
products, such as test specimens, that do not require restraint or 
holding facilities. Sections 92.102(d), 92.203(d), 92.303(d), 
92.403(e), 92.503(e), and 98.33(d) of the regulations list the limited 
ports having inspection facilities for the importation of certain 
birds, poultry and poultry products, horses and horse products, 
ruminants and ruminant products, swine and swine products, and germ 
plasm, respectively.
    Denver, CO, is currently listed in these sections as a limited 
port. However, due to staffing shortages in Denver, CO, the Animal and 
Plant Health Inspection Service (APHIS) cannot guarantee that personnel 
will be available on a regular basis to perform inspections required by 
the regulations. Further, within the past year, there have been few 
shipments of animals, animal products, or germ plasm arriving at the 
port in Denver, CO, for inspection. For these reasons, APHIS proposes 
to amend Secs. 92.102(d), 92.203(d), 92.303(d), 92.403(e), 92.503(e), 
and 98.33(d) of the regulations by removing Denver, CO, as a limited 
port.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    Only certain animals and animal products from Canada and germ plasm 
have been imported into Denver, CO, during the past several years. 
Therefore, we believe that the primary impact of this proposal will be 
on importers of those animals and animal products from Canada and 
importers of animal germ plasm. These importers will no longer be able 
to import these articles through the Stapleton International Airport, 
which is located in Denver, CO. However, there have been few shipments 
of animals, animal products, or germ plasm imported through Denver, CO, 
during the past year. After removing Denver, CO, as a limited port of 
entry, there are still many ports throughout the United States that 
will remain available as alternate ports, including over 20 limited 
ports. Because of the reasons provided above, we believe that removing 
Denver, CO, from the lists of limited ports will have little if any 
economic impact on importers or other entities, large or small. We do 
not anticipate any change in the volume or number of shipments of 
animals, animal products, or germ plasm entering the United States, or 
in the number of persons importing them, due to removing Denver, CO, as 
a limited port.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed 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

9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 98

    Animal diseases, Imports.

    Accordingly, 9 CFR parts 92 and 98 would be amended as follows: 
[[Page 7138]] 

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 would continue 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. 92.102  [Amended]

    2. In Sec. 92.102, paragraph (d) would be amended by removing 
``Denver, CO;''.


Secs. 92.203, 92.303, 92.403, and 92.503  [Amended]

    3. Sections 92.203, 92.303, 92.403, and 92.503 would be amended by 
removing the words ``Denver, Colorado;'' in the following places:
    (a) In Sec. 92.203, paragraph (d);
    (b) In Sec. 92.303, paragraph (d);
    (c) In Sec. 92.403, paragraph (e); and
    (d) In Sec. 92.503, paragraph (e).

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

    4. The authority citation for part 98 would be revised to read as 
follows:

    Authority: 7 U.S.C. 1622; 21 U.S.C. 103, 104, 105, 111, 134a, 
134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17, 
2.51, and 371.2(d).


Sec. 98.33  [Amended]

    5. In Sec. 98.33, paragraph (d) would be amended by removing the 
words ``Denver, Colorado;''.

    Done in Washington, DC, this 1st day of February 1995.
George O. Winegar,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2899 Filed 2-6-95; 8:45 am]
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