[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16043-16045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7598]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92 and 98

[Docket No. 94-087-1]


Canadian Border Ports; Baudette, MN

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 
Baudette, MN, as a Canadian border port for pet birds, poultry, horses, 
ruminants, swine, and germ plasm. We have determined that Baudette, MN, 
has inspection facilities which meet our [[Page 16044]] requirements 
for Canadian border port status. This action will provide an additional 
Canadian border port.

DATES: This rule will be effective on May 30, 1995 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments on or before April 28, 1995.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Docket No. 
94-087-1, Animal and Plant Health Inspection Service, Policy and 
Program Development, Regulatory Analysis and Development, 4700 River 
Road Unit 118, Riverdale, MD 20737-1228. Please state that your 
submission refers to Docket No. 94-087-1. 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. David Vogt, Senior Staff 
Veterinarian, Animal and Plant Health Inspection Service, Veterinary 
Services, National Center for Import and Export, Import/Export Animals 
Staff, 4700 River Road Unit 39, Riverdale, MD 20737-1228; (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 and animal 
products into the United States. The regulations designate land border 
ports along the U.S.-Canada border which have inspection facilities for 
the importation of certain animals and germ plasm that require 
inspection. Section 92.102(a) of the regulations lists the special 
ports having inspection facilities for the importation of certain pet 
birds. Sections 92.203(b), 92.303(b), 92.403(b), 92.503(b) and 98.33(b) 
of the regulations list the Canadian border ports having inspection 
facilities for the importation of certain poultry, horses, ruminants, 
swine and germ plasm, respectively.
    A new facility in Baudette, MN, is ready for use as an inspection 
station. We have determined that the Animal and Plant Health Inspection 
Service has the personnel and facilities at Baudette, MN, required to 
effectively provide inspection services. Baudette, MN, is currently 
listed in Secs. 92.403(e) and 92.503(e) as a limited port for ruminants 
and ruminant products and swine and swine products, respectively. 
Limited ports are used for animals and animal products that do not 
require restraint and holding facilities. Since Baudette, MN, is 
capable of performing full inspection services, we will remove 
Baudette, MN, from the list of limited ports.
    This rule will amend Secs. 92.102(a), 92.203(b), 92.303(b), 
92.403(b), 92.403(e), 92.503(b), 92.503(e), and 98.33(b) in accordance 
with the procedures explained below under ``Dates.'' The amendment will 
add Baudette, MN, as a Canadian border port and remove it as a limited 
port.

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 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 
process required by Executive Order 12866.
    Currently, Baudette, MN, is a limited port for certain ruminants, 
ruminant products, swine, and swine products. This rule will add 
Baudette, MN, as a Canadian border port for certain pet birds, poultry, 
horses, ruminants, swine, and germ plasm. We believe the primary impact 
will be on importers of certain pet birds, poultry, horses, ruminants, 
swine, and germ plasm. Few if any of these entities can be regarded as 
small.
    If this rule is not adopted, some importers would have to travel 
long distances to a port in another State. We believe that adding 
Baudette, MN, as a Canadian border port will benefit U.S. importers of 
pet birds, poultry, horses, ruminants, and swine since these 
importations will now be logistically easier for a number of these 
entities. Based on information from the local livestock industry we 
expect 500 to 1,000 head of Canadian cattle to be imported into the 
United States through Baudette, MN. Approximately half of these imports 
will be diverted from other ports. In 1993, cattle imports into the 
United States from Canada totaled approximately 1.2 million head. 
Therefore, we do not anticipate this increase in the imports to have a 
significant economic impact.
    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

9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements. [[Page 16045]] 

9 CFR Part 98

    Animal diseases, Imports.

    Accordingly, 9 CFR parts 92 and 98 are 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. 92.102  [Amended]

    2. In Sec. 92.102, paragraph (a) is amended by adding the words 
``Baudette, Minnesota;'' immediately after ``New York, New York;''.


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

    3. Sections 92.203, 92.303, 92.403, and 92.503 are amended by 
adding the words ``Baudette, Minnesota;'' immediately after 
``Michigan;'' in the following places:
    a. In Sec. 92.203, paragraph (b);
    b. In Sec. 92.303, paragraph (b);
    c. In Sec. 92.403, paragraph (b); and
    d. In Sec. 92.503, paragraph (b).


Secs. 92.403 and 92.503  [Amended]

    4. Sections 92.403 and 92.503 are amended by removing the words 
``Baudette and'' in the following places:
    a. In Sec. 92.403, paragraph (e) and
    b. In Sec. 92.503, paragraph (e).

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; 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 (b) is amended by adding ``Baudette, 
Minnesota;'' immediately after ``Sault Ste. Marie, Michigan;''.

    Done in Washington, DC, this 22nd day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-7598 Filed 3-28-95; 8:45 am]
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