[Federal Register Volume 67, Number 29 (Tuesday, February 12, 2002)]
[Rules and Regulations]
[Pages 6369-6370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3343]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 01-121-1]


Limited Ports of Entry for Pet Birds, Performing or Theatrical 
Birds, and Poultry and Poultry Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the regulations regarding ports designated for 
the importation of pet birds, performing or theatrical birds, and 
poultry and poultry products by removing Boston, MA, from the lists of 
limited ports of entry. Very few of these animals or products are 
imported through the port of Boston, MA, as importers most often use 
other limited ports of entry to bring these animals and products into 
the United States. This action will update the regulations by removing 
an underutilized port from the lists.

DATES: This rule will be effective on April 15, 2002 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments that are postmarked, delivered, or e-mailed by March 14, 2002.

ADDRESSES: You may submit comments or notice of intent to submit 
adverse comments by postal mail/commercial delivery or by e-mail. If 
you use postal mail/commercial delivery, please send four copies (an 
original and three copies) to: Docket No. 01-121-1, Regulatory Analysis 
and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 01-121-1. If you use e-mail, address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 01-121-1'' on the subject 
line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Sara Kaman, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93, ``Importation of Certain Animals, 
Birds, and Poultry, and Certain Animal, Bird, and Poultry Products; 
Requirements for Means of Conveyance and Shipping Containers'' 
(referred to below as the regulations), prescribe, among other things, 
conditions for importing pet birds, performing birds or theatrical 
birds, and poultry and poultry products into the United States. Section 
93.102(d) contains a list of limited ports of entry

[[Page 6370]]

for pet birds imported into the United States under the provisions of 
Sec. 93.101(c)(1) or Sec. 93.101(c)(2) and for performing or theatrical 
birds imported under the provisions of Sec. 93.101(f). Section 
93.203(d) contains a list of limited ports of entry that are designated 
as having inspection facilities for the entry of poultry and poultry 
products such as poultry test specimens, or hatching eggs and day-old 
chicks which do not appear to require restraint and holding inspection 
facilities.
    This rule will amend Sec. 93.102(d) and Sec. 92.203(d) in 
accordance with the procedures explained below under ``Dates.'' The 
amendments will remove Boston, MA, from both lists of limited ports of 
entry. Very few pet birds, performing birds, theatrical birds, poultry, 
or poultry products are currently imported through the port of Boston, 
MA. Importers are opting to use other limited ports of entry to bring 
these commodities into the United States, so we do not believe that 
removing Boston, MA, as a limited port for the entry of pet birds, 
performing or theatrical birds, and poultry and poultry products will 
have any negative effects on U.S. importers of these animals and 
products.

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, on 
April 15, 2002, unless we receive written adverse comments or written 
notice of intent to submit adverse comments that are postmarked, 
delivered, or e-mailed by March 14, 2002.
    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.
    As discussed above, if we receive no written adverse comments or 
written notice of intent to submit adverse comments that are 
postmarked, delivered, or e-mailed 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 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.
    This rule will remove Boston, MA, as a limited port of entry for 
the importation into the United States of pet birds, performing or 
theatrical birds, and poultry and poultry products. Very few of these 
animals or products are imported through the port of Boston, MA, as 
importers most often use other limited ports of entry to bring these 
animals and products into the United States. Therefore, we expect that 
this action will have no economic impact on any entities, large or 
small.
    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 93

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

    Accordingly, 9 CFR part 93 is amended 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 371.4.


Sec. 93.102  [Amended]

    2. In Sec. 93.102, paragraph (d) is amended by removing the words 
``Boston, MA;''.


Sec. 93.203  [Amended]

    3. In Sec. 93.203, paragraph (d) is amended by removing the words 
``Boston, Massachusetts;''.

    Done in Washington, DC, this 6th day of February 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-3343 Filed 2-11-02; 8:45 am]
BILLING CODE 3410-34-P