[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Rules and Regulations]
[Pages 68021-68022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28476]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93 and 98

[Docket No. 02-064-1]


Canadian Border Ports; Blaine and Lynden, WA

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the regulations by removing Blaine and Lynden, 
WA, from the lists of Canadian border ports designated as ports of 
entry for the importation of certain animals, birds, poultry, and 
animal germ plasm into the United States. We are removing the ports of 
Blaine and Lynden, WA, from the lists of designated Canadian border 
ports for the importation of animals, birds, poultry, or germ plasm 
into the United States because neither port has been used for those 
purposes in approximately 4 years. This rule will update the 
regulations so that they accurately reflect the ports used for the 
importation of certain animals and animal semen into the United States.

DATES: This rule will be effective on January 7, 2003, unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before December 9, 2002. 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.

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. 02-064-1, 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. 02-064-1. 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. 02-064-1'' 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. Gary Colgrove, Chief Staff 
Veterinarian, Sanitary Issues Management Staff, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 93 and 98 (referred to below as the 
regulations) restrict the importation of specified animals, birds, 
poultry, and their products into the United States to prevent the 
introduction of communicable diseases of livestock and poultry. The 
regulations designate land border ports along the U.S.-Canadian border 
that have inspection facilities for the importation of certain animals, 
birds, poultry, and animal germ plasm requiring inspection.
    The regulations in part 93 specify, among other things, the 
Canadian border ports through which certain animals may be imported 
into the United States. The designated Canadian border ports for 
ratites are listed in Sec.  93.107(b)(2); for poultry, in Sec.  
93.203(b); for horses, in Sec.  93.303(b)(1); for ruminants, in Sec.  
93.403(b); for swine, in Sec.  93.503(b); and for miscellaneous 
animals, in Sec.  98.703(a)(2). In part 98, Sec.  98.6 provides that 
animal embryos regulated under subpart A of part 98 may be imported at 
the ports of entry listed in Sec.  93.303 for horses, Sec.  93.403 for 
ruminants, or Sec.  93.503 for swine, and Sec.  98.33(b) lists the 
Canadian border ports through which certain animal semen from Canada 
may be imported.
    Blaine, Lynden, and Sumas, WA, which are in geographical proximity 
to one another, are among the ports of entry currently listed in the 
regulations. Of those three ports, Sumas, WA, is now used exclusively 
for the importation of certain animals, ratites, poultry, and animal 
germ plasm into the United States because Blaine and Lynden, WA, have 
not been used as ports of entry for those purposes in approximately 4 
years. Therefore, in accordance with the procedures explained below 
under ``Dates,'' we are amending Sec.  93.107(b)(2) by removing Blaine, 
WA, from the list of Canadian border ports for ratites from Canada, and 
by removing Blaine and Lynden, WA, from the lists of Canadian border 
ports in Sec. Sec.  93.203(b), 93.303(b)(1), 93.403(b), 93.503(b), 
93.703(a)(2), and 98.33(b).
    Removing Blaine and Lynden, WA, from the lists of Canadian border 
ports will update the regulations so that they accurately reflect the 
ports of entry for the importation of certain animals, birds, poultry, 
and animal germ plasm into the United States.

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 
January 7, 2003, unless we receive written adverse comments or written 
notice of intent to submit adverse comments on or before December 9, 
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

[[Page 68022]]

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 under 
Executive Order 12866.
    This rule will remove Blaine, WA, as a port of entry for the 
importation of ratites into the United States. It will also remove 
Blaine and Lynden, WA, as ports of entry for the importation of 
poultry, horses, ruminants, swine, and animal germ plasm. We are taking 
these actions because neither port has been used for the importation of 
animals or animal germ plasm in over 4 years. These actions would 
update the regulations so that they accurately reflect the ports used 
for the importation of certain animals and germ plasm into the United 
States.
    Since the ports of Blaine and Lynden, WA, have not been used to 
inspect animals and animal germ plasm imported into the United States 
in approximately 4 years, this action will have no economic effect on 
any entity. Small entities located at or around the ports of Blaine and 
Lynden, WA, will not be affected by this proposed rule for the same 
reason that no economic entity of any size will be affected.
    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

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.

    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 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622, 8303, 8306-8308, 8310, 8313, and 8315; 
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  93.107  [Amended]

    2. In Sec.  93.107, paragraph (b)(2) is amended by removing the 
words ``Blaine, WA;''.


Sec. Sec.  93.203, 93.303, 93.403, 93.503, and 93.703  [Amended]

    3. Sections 93.203(b), 93.303(b)(1), 93.403(b), 93.503(b), and 
93.703(a)(2) are amended by removing the words ``Blaine, Lynden,'' and 
by removing the comma immediately after the word ``Oroville''.

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

    4. The authority citation for part 98 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622, 8303, 8306, 8307, 8313, and 8315; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  98.33  [Amended]

    5. In Sec.  98.33, paragraph (b) is amended by removing the words 
``Blaine, Lynden,'' and by removing the comma immediately after the 
word ``Oroville''.

    Done in Washington, DC, this 5th day of November 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-28476 Filed 11-7-02; 8:45 am]
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