[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27937-27938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13501]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 96-094-1]


Limited Ports; Dayton, OH

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 
Dayton, OH, to the list of limited ports of entry for horses and horse 
products, such as horse test specimens, that do not appear to require 
restraint and holding inspection facilities. We have determined that 
this port has inspection facilities for this purpose and that Animal 
and Plant Health Inspection Service personnel are available to provide 
service at this location. This action will provide an additional port 
of entry for horses and horse products that do not require restraint 
and holding facilities for inspection at the port of entry.

DATES: This rule will be effective on July 21, 1997 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments on or before June 23, 1997.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Docket No. 
96-094-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that 
your submission refers to Docket No. 96-094-1. 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 Products, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 
734-8423; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as the 
regulations) restrict the importation of specified animals and animal 
products into the United States to prevent the introduction of 
communicable animal diseases. Subpart C--Horses, Secs. 92.300 through 
92.326 of the regulations, covers the importation of horses. Section 
92.303 designates ports approved for the importation of horses. Section 
92.303, paragraph (d), lists limited ports, which have inspection 
facilities for the importation of horses and horse products, such as 
horse test specimens, that do not appear to require restraint and 
holding facilities for inspection at the port of entry.
    This rule will amend Sec. 92.303(d) in accordance with the 
procedures explained below under DATES, by adding Dayton, OH, to the 
list of limited ports for the entry of horses and horse products. We 
have determined that this port has inspection facilities for this 
purpose and that Animal and Plant Health Inspection Service personnel 
are available to provide service at this location. This action will 
provide importers with an alternative port of entry for horses and 
horse products that do not require restraint and holding

[[Page 27938]]

facilities for inspection at the port of entry.

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 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.
    We have determined that Dayton, OH, meets the requirements for 
being designated as a limited port of entry for horses and horse 
products. A limited port of entry has inspection capabilities for 
animals and products that do not appear to require restraint and 
holding facilities for inspection.
    This rule will allow imported horses and horse products that do not 
require restraint and holding facilities for inspection at the port of 
entry to be imported into the United States through Dayton, OH. 
Allowing these horses and horse products to be imported through Dayton, 
OH, is not expected to result in any significant increase in the number 
of horses and horse products imported into the United States. The 
opening of Dayton, OH, as a limited port only provides an alternative 
point of entry for horses and horse products already allowed to be 
imported into the United States. It is expected that the number of 
horses imported through Dayton, OH, will be quite small, probably fewer 
than 20 a year. A similarly small quantity of horse products is also 
expected to be imported through the port.
    The entities affected by this rule will be those importers who wish 
to use the port. We believe that most of these entities will be 
considered small entities by the Small Business Administration's 
standards, but we do not know how many of them will opt to use the 
port. The port in Dayton, OH, will provide these importers with an 
alternative point of entry for horses and horse products, which could 
result in added convenience and lowered costs for the importers. We do 
not anticipate that there will be a significant economic impact on any 
small entities as a result of this rule.
    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 12988

    This rule has been reviewed under Executive Order 12988, 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 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 92

    Animal disease, 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, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    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 2.22, 2.80, and 371.2(d).


Sec. 92.303  [Amended]

    2. In Sec. 92.303, paragraph (d) is amended by adding the words 
``Dayton, Ohio;'' immediately after ``Montana;''.

    Done in Washington, DC, this 19th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-13501 Filed 5-21-97; 8:45 am]
BILLING CODE 3410-34-P