[Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
[Rules and Regulations]
[Pages 23178-23179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10872]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93 and 98

[Docket No. 98-102-1]


Limited Ports; Memphis, TN

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 
Memphis, TN, to the list of limited ports of entry for semen, embryos, 
and products of horses, ruminants, and swine. 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 semen, embryos, and products of horses, 
ruminants, and swine.

DATES: This rule will be effective on June 29, 1999 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments on or before June 1, 1999.

ADDRESSES: Please send your comment and three copies to: [Docket No. 
98-102-1], Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 98-102-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW, Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Morley H. Cook, Senior Staff 
Veterinarian, Animals Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 
734-8686; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (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. 93.300 through 
93.326 of the regulations, covers the importation of horses. Section 
93.303 designates ports approved for the importation of horses. Section 
93.303, paragraph (d), lists limited ports that 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.
    Subpart D--Ruminants, 93.400 through 93.435 of the regulations, 
covers the importation of ruminants. Section 93.403 designates ports 
approved for the importation of ruminants. Section 93.403, paragraph 
(e), lists limited ports that have inspection facilities for the entry 
of ruminants and ruminant products, such as ruminant test specimens, 
that do not appear to require restraint and holding inspection 
facilities for inspection at the port of entry.
    Subpart E--Swine, 93.500 through 93.523 of the regulations, covers 
the importation of swine. Section 93.503 designates ports approved for 
the importation of swine. Section 93.503, paragraph (e), lists limited 
ports that have inspection facilities for the entry of swine and swine 
products, such as swine test specimens, that do not appear to require 
restraint and holding inspection facilities for inspection at the port 
of entry.
    The regulations in 9 CFR part 98 restrict the importation of 
certain animal embryos and animal semen. Subpart C--Certain Animal 
Semen, 98.30 through 98.37 of the regulations, covers the importation 
of certain animal semen. Section 98.33 designates ports for the 
importation of certain animal semen. Section 98.33, paragraph (d), 
lists limited ports that have inspection facilities for the entry of 
animal semen.
    This rule will amend 93.303(d), 93.403(e), 93.503(e), and 98.33(d), 
in accordance with the procedures explained below under ``Dates,'' by 
adding Memphis, TN, to the list of limited ports set forth in each of 
those paragraphs. However, the Memphis, TN, entry in each of the 
amended paragraphs in part 93 will specify that the port is not 
designated a limited port for the entry of live animals (98.33 deals 
only with animal semen). This is because, although the port has 
inspection facilities and Animal and Plant Health Inspection Service 
(APHIS) personnel to provide service for the entry of semen, embryos, 
and products, it does not have adequate facilities for the entry of any 
live animals covered by the regulations. Other ports already designated 
in part 93 as limited ports are able to handle some live animals, but 
not those animals requiring restraint and holding facilities.

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 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 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 
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.

[[Page 23179]]

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.
    This rule adds Memphis, TN, to the list of limited ports of entry 
for semen, embryos, and products of horses, ruminants, and swine. We 
have determined that Memphis, TN, meets the requirements for being 
designated as a limited port of entry that has inspection facilities 
for semen, embryos, and products of horses, ruminants, and swine. 
However it does not have the facilities necessary to be designated as a 
port of entry for live animals.
    Adding and removing limited ports, according to need, is a 
continuing program in APHIS. In this case, the designation of Memphis, 
TN, as a new limited port of entry will facilitate small U.S. importers 
of semen, embryos, and products of horses, ruminants, and swine in the 
surrounding area by making it logistically easier for them. Until now, 
the closest limited ports of entry to Tennessee and the surrounding 
States were in Chicago, IL, and Toledo, OH, to the north; Atlanta, GA, 
New Orleans, LA, and Tampa, FL, to the south; and nothing in between.
    Memphis, TN, serves as the first point of entry for Federal 
Express, which is a major international carrier of air freight. By 
designating Memphis, TN, as a new limited port, U.S. importers of 
semen, embryos, and products of horses, ruminants, and swine in a 
broader area of the United States will be connected by air.
    This rule will produce no significant budgetary effect on the 
Federal Government, since APHIS will assign personnel to the port of 
Memphis, TN, on an ``as needed'' basis only.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effect of rules on small businesses, organizations, and 
governmental jurisdictions. Businesses and organizations affected by 
this addition of a limited port of entry will be livestock producers in 
the area of Tennessee and the surrounding States. It is not known how 
many of those entities are small under the U.S. Small Business 
Administration's standards; however the effects will only be positive 
due to the closer distance, faster service, and the direct connection 
with an international air freight carrier.
    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 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 in conflict 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

9 CFR Part 93

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

9 CFR Part 98

    Animal diseases, Imports.
    Accordingly, we are amending 9 CFR parts 93 and 98 as follows:

PART 93--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 93 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, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 93.303  [Amended]

    2. In Sec. 93.303, paragraph (d) is amended by adding ``Memphis, 
Tennessee (no live animals);'' immediately after ``Puerto Rico;''.


Sec. 93.403  [Amended]

    3. In Sec. 93.403, paragraph (e) is amended by adding ``Memphis, 
Tennessee (no live animals);'' immediately after ``Puerto Rico;''.


Sec. 93.503  [Amended]

    4. In Sec. 93.503, paragraph (e) is amended by adding ``Memphis, 
Tennessee (no live animals);'' immediately after ``Puerto Rico;''.

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

    5. The authority citation for part 98 continues to read as follows:

    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).


Sec. 98.33  [Amended]

    6. In Sec. 98.33, paragraph (d) is amended by adding ``Memphis, 
Tennessee;'' immediately after ``Puerto Rico;''.

    Done in Washington, DC, this 26th day of April 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-10872 Filed 4-29-99; 8:45 am]
BILLING CODE 3410-34-P