[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Proposed Rules]
[Pages 12486-12488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5772]


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 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. 65, No. 47 / Thursday, March 9, 2000 / 
Proposed Rules  

[[Page 12486]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 98, and 130

[Docket No. 98-013-1]


Hawaii Animal Import Center

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations by removing 
Honolulu, HI, from the lists of animal import centers and ports of 
entry that provide U.S. Department of Agriculture quarantine facilities 
for animals, birds, and poultry imported into the United States. We are 
also proposing to amend the regulations by adding Honolulu, HI, as a 
limited port for the importation of animals, birds, poultry, poultry 
products, and animal germ plasm that do not require U.S. Department of 
Agriculture quarantine facilities. These proposed actions would update 
the regulations to reflect the June 1997 closure of the Hawaii Animal 
Import Center.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by May 8, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
013-1, 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. 98-013-1.
    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. 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

    The regulations in 9 CFR parts 93 and 98 restrict the importation 
of specified animals and animal products into the United States to 
prevent the introduction of communicable diseases of livestock and 
poultry. The regulations designate animal import centers and ports of 
entry for the importation of certain animals, birds, poultry, poultry 
products, and animal germ plasm that require inspection or quarantine 
services.
    The regulations in 9 CFR part 130 set forth the user fees that are 
assessed to reimburse the Animal and Plant Health Inspection Service 
(APHIS) for the cost of import- and export-related services provided at 
animal import centers and ports of entry.
    Honolulu, HI, is currently listed in parts 93, 98, and 130 as a 
port of entry with an animal import center that serves as a quarantine 
facility. The quarantine facility known as the Hawaii Animal Import 
Center (HAIC) closed on June 30, 1997. The HAIC was located on property 
owned by the U.S. Coast Guard. APHIS had to close the facility and 
return the property to the Coast Guard because the Coast Guard was to 
vacate the property at the beginning of fiscal year 1998. We published 
a notice regarding the closure of the HAIC in the Federal Register on 
May 22, 1997 (62 FR 28002, Docket No. 97-039-1). Prior to the closure 
of the HAIC, the number of animals, birds, and poultry imported through 
the facility was low compared to the number imported through APHIS 
animal import centers located in Miami, FL, and Newburgh, NY.
    To reflect the closure of the HAIC, we are proposing to amend the 
regulations in parts 93 and 98 by removing Honolulu, HI, from the lists 
of animal import centers and ports of entry that provide quarantine 
services. In addition, we propose to amend part 130 by removing all 
references to the animal import center in Honolulu, HI. We are, 
however, proposing to amend the regulations in part 93 by adding 
Honolulu, HI, as a limited port for the importation of animals birds, 
poultry, and poultry products that do not require U.S. Department of 
Agriculture (USDA) quarantine facilities. We are also proposing to 
amend the regulations in part 98 by adding Honolulu, HI, as a limited 
port for the importation of animal semen.

Importation of Birds

    Section 93.102 designates ports for the importation of birds. In 
Sec. 93.102, paragraph (a) lists the special ports that are equipped 
for the isolation and quarantine of pet birds that are imported in 
accordance with Sec. 93.101(c) and performing or theatrical birds that 
are imported in accordance with Sec. 93.101(f). In Sec. 93.102, 
paragraph (d) lists the limited ports of entry for pet birds and 
performing or theatrical birds that do not require USDA quarantine 
facilities.
    Due to the closure of the HAIC, we can no longer provide quarantine 
services for pet birds and performing or theatrical birds in Honolulu, 
HI. Therefore, we are proposing to remove Honolulu, HI, from the list 
of special ports in Sec. 93.102(a). However, pet birds and performing 
or theatrical birds that are only required to undergo a veterinary 
inspection and pet birds that are allowed to do home quarantine may be 
imported through a limited port of entry listed in Sec. 93.102(d). 
Because the port of entry at Honolulu, HI, has the personnel and 
facilities to provide such veterinary inspection services, we are 
proposing to add it to the list of limited ports in Sec. 93.102(d) for 
the importation of pet birds and performing or theatrical birds that do 
not require USDA quarantine facilities.

Importation of Ratites

    Section 93.103 contains, among other things, provisions for the 
importation of ratites. Section 93.103(a)(4)(ii) explains how to submit 
applications for quarantine space at the HAIC. We would remove that 
paragraph, as well as the final two sentences of 
Sec. 93.103(a)(4)(iii), which state that a

[[Page 12487]]

separate waiting list will be maintained for space at the HAIC and that 
ostriches may not be quarantined at the HAIC.
    In Sec. 93.105, paragraph (c)(2) lists the ports of entry for 
ratites other than ostriches. In Sec. 93.106, paragraph (b)(1) lists 
the quarantine facilities for ratites that are imported from any part 
of the world except Canada. In Sec. 93.107, paragraph (b)(2) lists the 
ports at which ratites from Canada may enter the United States without 
quarantine if they meet the requirements set forth in Sec. 93.107. Each 
of these paragraphs lists Honolulu, HI, as a port of entry or 
quarantine facility. The HAIC was the only facility in Hawaii that 
could provide sufficient space for the inspection and quarantine of 
ratites. Due to its closure, we can no longer provide inspection or 
quarantine services for ratites in Hawaii. Also, while the HAIC was 
open, the number of ratites that entered the facility for quarantine 
services was low. Therefore, we are proposing to remove the references 
to Honolulu, HI, in Sec. Sec. 93.105(c)(2), 93.106(b)(1), and 
93.107(b)(2).

Importation of Poultry and Poultry Products

    We are also proposing to add Honolulu, HI, to the list of limited 
ports in Sec. 93.203. Those limited ports may be used for the 
importation of poultry and poultry products, such as poultry test 
specimens, hatching eggs, and day-old chicks, that do not require 
restraining and holding facilities for inspection. The port of entry at 
Honolulu, HI, has the personnel and facilities available to provide 
inspection services for poultry and poultry products that do not 
require restraining and holding facilities. Therefore, we are proposing 
to amend Sec. 93.203(d) by adding Honolulu, HI, to the list of limited 
ports.

Air and Ocean Ports

    Honolulu, HI, is also included in the lists of air and ocean ports 
for the importation of poultry (Sec. 93.203(a)), horses 
(Sec. 93.303(a)), ruminants (Sec. 93.403(a)), swine (Sec. 93.503(a)), 
miscellaneous animals (Sec. 93.703(a)(1)), and elephants, hippopotami, 
rhinoceroses, and tapirs (Sec. 93.805(a)(1)). We propose to remove 
references to Honolulu, HI, from these sections because they list ports 
that have USDA quarantine facilities. However, even though we are 
proposing to remove Honolulu, HI, from the list of ports in 
Sec. 93.805(a)(1), elephants, hippopotami, rhinoceroses, and tapirs 
could be imported through Honolulu, HI, on a case-by-case basis in 
accordance with Sec. 93.805(a)(2), if the animals will be inspected at 
a facility provided by the importer.

Limited Ports

    Because Honolulu, HI, has inspection facilities for the entry of 
certain animals and animal products that do not require restraining and 
holding inspection facilities, we propose to add Honolulu, HI, to the 
lists of limited ports for the importation of horses (Sec. 93.303(d)), 
ruminants (Sec. 93.403(e)), and swine (Sec. 93.503(e)).
    In addition, to maintain consistency with the proposed changes to 
part 93, we propose to remove Honolulu, HI, from the list of air and 
ocean ports in Sec. 98.33(a) for the importation of animal semen and to 
add Honolulu, HI, to the list of limited ports in Sec. 98.33(d) for the 
importation of animal semen.
    Section 98.6 provides that embryos may be imported only at a port 
of entry listed in Sec. 93.303 for horses, Sec. 93.403 for ruminants, 
and Sec. 93.503 for swine. Under this proposed rule, embryos could be 
imported through Honolulu, HI, because it would be listed in those 
sections as a limited port.

User Fees

    In Sec. 130.1, the definition of Animal Import Center lists the 
quarantine facilities operated by APHIS in Newburgh, NY; Miami, FL; and 
Honolulu, HI. We are proposing to remove Honolulu, HI, from the 
definition of Animal Import Center.
    In addition, in Sec. 130.1 the definition of nonstandard care and 
handling provides the locations and hours of operation of the animal 
import centers in footnote 2. We would remove the reference to 
Honolulu, HI, from footnote 2.

Miscellaneous

    In Sec. 93.106, paragraph (a) contains a reference to the 
Cooperative and Trust Fund Agreement and states that information 
regarding the agreement can be found in Sec. 93.106(c)(7). The 
Cooperative and Trust Fund Agreement is found in Sec. 93.106(c)(5). We 
are changing the reference, accordingly.
    In Sec. 93.404(a)(2), reference is made to Sec. 93.430 for the 
importation of domestic ruminants from regions where foot-and-mouth 
disease or rinderpest has been determined to exist. On November 19, 
1998, we published in the Federal Register (63 FR 64173-64175, Docket 
No. 98-070-3) a final rule to close the Harry S Truman Animal Import 
Center (HSTAIC). Based on the closure of HSTAIC, Sec. Sec. 93.430 and 
93.431 were removed and reserved; however, a reference to Sec. 93.430 
in Sec. 93.404(a)(2) was not removed. We are proposing to correct that 
oversight in this document.

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.
    This proposed rule would amend the regulations in 9 CFR parts 93, 
98, and 130 by removing Honolulu, HI, from the lists of animal import 
centers and ports of entry that provide USDA quarantine facilities for 
animals, birds, and poultry imported into the United States. These 
changes are necessary to reflect the closure of the facility known as 
the Hawaii Animal Import Center (HAIC). However, we would add Honolulu, 
HI, as a limited port for the importation of animals, birds, poultry, 
poultry products, and animal germ plasm that do not require USDA 
quarantine facilities.
    The removal of Honolulu, HI, from the lists of animal import 
centers is primarily an editorial change following the previously 
announced closure of the HAIC. That closure primarily affected U.S. 
importers of animals, birds, and poultry that required quarantine 
services. After HAIC closed, those importers could no longer import 
these items into the United States through Honolulu, HI. However, prior 
to the closure of the HAIC, the number of animals, birds, and poultry 
imported through and quarantined at the port of Honolulu, HI, was low 
compared to the number imported through other animal import centers 
located in Miami, FL, and Newburgh, NY. For instance, in fiscal year 
1997, the HAIC provided inspection and quarantine services for 40 
animals and birds. However, in fiscal year 1997, the animal import 
center in Miami, FL, provided inspection and quarantine services for 
over 1,500 animals and birds; and the animal import center located in 
Newburgh, NY, provided services for over 4,000 animals from January 1, 
1997, to December 31, 1997.
    Based on the availability of the remaining animal import centers 
and ports of entry and the low level of use prior to closure of the 
HAIC, we believe that removing Honolulu, HI, from the lists of animal 
import centers and ports of entry that provide USDA quarantine 
facilities for animals, birds, and poultry imported into the United 
States would not have a significant economic effect on importers. In 
addition, our proposal to designate Honolulu, HI, as a limited port for 
the importation of animals, birds, poultry, poultry products, and

[[Page 12488]]

animal germ plasm that do not require USDA quarantine facilities would 
continue to provide a port of entry for U.S. importers of certain 
animals, birds, poultry, poultry products, and animal germ plasm.
    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 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 proposed rule has been reviewed under Executive Order 12988, 
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 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 and Imports.

9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and 
poultry products, Quarantine, Reporting and recordkeeping requirements, 
Tests.
    Accordingly, we propose to amend 9 CFR parts 93, 98, and 130 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 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, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 93.102  [Amended]

    2. In Sec. 93.102, paragraph (a) would be amended by removing the 
words ``Honolulu, HI;'' and paragraph (d) would be amended by adding 
the words ``Honolulu, HI;'' immediately after the words ``Atlanta, 
GA;''.


Sec. 93.103  [Amended]

    3. In Sec. 93.103, paragraph (a)(4)(ii) would be removed, and 
paragraph (a)(4)(iii) would be redesignated as paragraph (a)(4)(ii) and 
the last two sentences would be removed.


Sec. 93.105  [Amended]

    4. In Sec. 93.105, paragraph (c)(2) would be amended by removing 
the words ``Miami, FL; and Honolulu, HI'' and by adding the words ``and 
Miami, FL'' in their place.


Sec. 93.106  [Amended]

    5. Section 93.106 would be amended as follows:
    a. In paragraph (a), by removing the words ``paragraph (c)(7)'' and 
by adding the words ``paragraph (c)(5)'' in their place.
    b. In paragraph (b)(1), by removing the words ``the Hawaii Animal 
Import Center at Honolulu, HI, when the port of entry is Honolulu, 
HI;''.


Sec. 93.107  [Amended]

    6. In Sec. 93.107, paragraph (b)(2) would be amended by removing 
the words ``Honolulu, HI;''.


Sec. 93.203  [Amended]

    7. In Sec. 93.203, paragraph (a) would be amended by removing the 
words ``Honolulu, Hawaii;'' and paragraph (d) would be amended by 
adding the words ``Honolulu, Hawaii;'' immediately after the words 
``Atlanta, Georgia;''.


Sec. 93.303  [Amended]

    8. In Sec. 93.303, paragraph (a) would be amended by removing the 
words ``Honolulu, Hawaii;'' and paragraph (d) would be amended by 
adding the words ``Honolulu, Hawaii,'' immediately after the words 
``Atlanta, Georgia;''.


Sec. 93.403  [Amended]

    9. In Sec. 93.403, paragraph (a) would be amended by removing the 
words ``Honolulu, Hawaii;'' and paragraph (e) would be amended by 
adding the words ``Honolulu, Hawaii,'' immediately after the words 
``Atlanta, Georgia;''.


Sec. 93.404  [Amended]

    10. In Sec. 93.404, paragraph (a)(2) would be amended by removing 
the words ``, except as provided in Sec. 93.430''.


Sec. 93.503  [Amended]

    11. In Sec. 93.503, paragraph (a) would be amended by removing the 
words ``Honolulu, Hawaii;'' and paragraph (e) would be amended by 
adding the words ``Honolulu, Hawaii;'' immediately after the words 
``Atlanta, Georgia;''.


Sec. 93.703  [Amended]

    12. In Sec. 93.703, paragraph (a)(1) would be amended by removing 
the words ``Honolulu, HI;''.


Sec. 93.805  [Amended]

    13. In Sec. 93.805, paragraph (a)(1) would be amended by removing 
the words ``Honolulu, Hawaii;''.

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

    14. The authority citation for part 98 would continue 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]

    15. In Sec. 98.33, paragraph (a) would be amended by removing the 
words ``Honolulu, Hawaii;'' and paragraph (d) would be amended by 
adding the words ``Honolulu, Hawaii;'' immediately after ``Atlanta, 
Georgia;''.

PART 130--USER FEES

    16. The authority citation for part 130 would continue to read as 
follows:

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622; 19 U.S.C. 1306; 21 
U.S.C. 102-105, 111, 114, 114a, 134a, 134c, 134d, 134f, 136, and 
136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, 
and 371.2(d).


Sec. 130.1  [Amended]

    17. Section 130.1 would be amended as follows:
    a. In the definition of Animal Import Center, by removing the words 
``Newburgh, New York; Miami, Florida; and Honolulu, Hawaii'' and adding 
the words ``Newburgh, New York, and Miami, Florida'' in their place.
    b. In the definition of Nonstandard care and handling, by removing 
from footnote 2 the words ``7:30 a.m. to 11:30 a.m., Honolulu, HI;''.

    Done in Washington, DC, this 3rd day of March 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-5772 Filed 3-8-00; 8:45 am]
BILLING CODE 3410-34-U