[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Proposed Rules]
[Pages 44175-44176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22181]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93 and 98

[Docket No. 97-014-2]


Canadian Border Ports; Champlain, NY, and Derby Line, VT

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We are withdrawing a proposed rule that would have amended the 
animal and animal product importation regulations by removing 
Champlain, NY, and Derby Line, VT, as land border ports of entry for 
animals and animal germ plasm imported from Canada into the United 
States. We had proposed this action in an effort to increase efficiency 
in our animal and animal germ plasm inspection program along the U.S.-
Canada border. We are withdrawing the proposed rule because of ongoing 
communications with the Canadian Food Inspection Agency regarding 
possible sharing of animal inspection resources along the U.S.-Canada 
border.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, Import/Export Animals, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, 
(301) 734-3276.

SUPPLEMENTARY INFORMATION:

Background

    On June 27, 1997, we published in the Federal Register (62 FR 
34677-34679, Docket No. 97-014-1) a proposed rule to amend the 
regulations at 9 CFR parts 93 1 and 98, which govern the 
importation of animals and animal products, to remove Champlain, NY, 
and Derby Line, VT, from the lists of border ports along the U.S.-
Canada border having inspection facilities for the importation of 
animals and animal germ plasm. The ports of Champlain, NY, and Derby 
Line, VT, are listed in parts 93 and 98 as ports of entry for the 
importation of many animals, including poultry, horses, swine, cattle, 
and other ruminants, and certain animal germ plasm. The animal 
importation facilities at these two ports are open on a part-time basis 
only. Following a review of the amount of animal and animal germ plasm 
inspections performed annually at all of the Canadian border ports in 
the Northeast, we were considering closing the animal importation 
facilities at Champlain and Derby Line to increase efficiency in our 
inspection program.
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    \1\ The proposed rule actually discussed amending parts 92 and 
98 instead of parts 93 and 98. The provisions of part 92, 
``Importation of Certain Animals, Birds, and Poultry, and Certain 
Animal, Bird, and Poultry Products; Requirements for Means of 
Conveyance and Shipping Containers,'' were moved to part 93 in a 
final rule published October 28, 1997 (62 FR 56000-56026, Docket No. 
94-106-9), and effective November 28, 1997.
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    We solicited comments on the proposed rule for 60 days ending

[[Page 44176]]

August 26, 1997. We received six comments by that date. The comments 
were from a Canadian livestock producer, an organization representing 
the U.S. equine industry, a State Government official, a Canadian 
Government official, a U.S. senator, and a commenter who did not 
identify a particular affiliation. Five of the comments opposed closing 
the animal importation facilities at Derby Line, and two opposed 
closing the facilities at Champlain. The most common concern expressed 
in the comments was that, by closing either or both of these ports for 
animal inspection purposes, exporters and importers would have to 
transport their animals greater distances than is currently required, 
and additional travel time translates into higher transportation costs.
    Since publication of the proposed rule of June 27, 1997, referenced 
above, our agency has become engaged in discussions with officials of 
the Animal Health Division of the Canadian Food Inspection Agency 
regarding the possibility of sharing animal inspection resources along 
the U.S.-Canada border. Because these discussions are ongoing, we 
believe that it would be premature to make the proposed changes to our 
animal and animal germ plasm inspection program along the U.S.-Canada 
border at this time. Accordingly, we have decided to withdraw the 
proposed rule. If, following the conclusion of our communications with 
Canadian animal health officials, we believe that it would be prudent 
to close the animal inspection facilities at any of the ports along the 
U.S.-Canada border, we will propose such changes in the Federal 
Register for public comment.

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105, 
111, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.2(d).

    Done in Washington, DC, this 10th day of August, 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22181 Filed 8-17-98; 8:45 am]
BILLING CODE 3410-34-P