[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Rules and Regulations]
[Pages 26990-26991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12389]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 02-127-1]


Ports Designated for Exportation of Livestock; Portland, OR

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the regulations regarding the exportation of 
livestock by designating Portland International Airport in Portland, 
OR, as a port of embarkation and B Bar C Ranch, in Gervais, OR, and 
Pony World Farm in Portland, OR, as export inspection facilities for 
that port. This rule will add a port of embarkation and export 
inspection facilities through which livestock may be processed for 
export.

DATES: This rule will be effective on July 18, 2003, unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments by June 18, 2003.

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. 02-127-1, 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. 02-127-1. 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. 02-127-1'' 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. Roger Perkins, 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 91, ``Inspection and Handling of 
Livestock for Exportation'' (referred to below as the regulations), 
prescribe conditions for exporting animals from the United States. The 
regulations state, among other things, that all animals, except animals 
exported by land to Canada or Mexico, must be exported through 
designated ports of embarkation, unless the exporter can show that the 
animals would suffer undue hardship if they were required to be moved 
to a designated port of embarkation.
    Paragraph (a) of Sec.  91.14 contains a list of designated ports of 
embarkation and export inspection facilities. To receive designation as 
a port of embarkation, a port must have an export inspection facility 
available for the inspection, holding, feeding, and watering of animals 
prior to exportation. The facility must meet the standards in Sec.  
91.14(c) concerning physical construction and size, inspection 
implements, cleaning and disinfection, feed and water, access by 
inspectors, animal handling arrangements, testing and treatment of 
animals, location, disposal of animal wastes, lighting, office and 
restroom facilities, and walkways.
    B Bar C Ranch and Pony World Farm operate facilities near Portland 
International Airport, Portland, OR, that have served as export 
inspection facilities for equines on a case-by-case basis since 
September 2001 and March 2000, respectively. The companies have 
requested that we approve each facility as a permanent export 
inspection facility, which would enable them to contract for shipments 
of equines without first having to ask for permission from the Animal 
and Plant Health Inspection Service (APHIS). Both B Bar C Ranch and 
Pony World Farm have constructed facilities specifically for the 
inspection, holding, feeding, and watering of horses intended for 
export. Both facilities have passed a number of APHIS inspections and 
meet all of the requirements for use as an export facility. There are 
five APHIS veterinary medical officers assigned to offices located 
within 1 to 2 hours' drive who will be available to support the 
facilities. The number of equines moving through each facility is such 
that each facility could function effectively and efficiently on a 
permanent basis. Therefore, we are amending the regulations by adding 
Portland International Airport to the list of ports of embarkation in 
Sec.  91.14(a) and by adding B Bar C Ranch and Pony World Farm as 
export inspection facilities for equines for that port.

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 
July 18, 2003, unless we receive written adverse comments or written 
notice of intent to submit adverse comments on or before June 18, 2003.
    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 previously, if we receive no written adverse comments 
or 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 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.

Background

    In the year 2002, receipts from trade in live animals (cattle, 
horses, sheep, swine and goats) totaled approximately

[[Page 26991]]

$495 million dollars.\1\ Trade in this market is directly linked to 
ports of embarkation, along with the associated export inspection 
facilities. This rule will designate Portland International Airport as 
a port of embarkation from which animals can be exported from the 
United States and B Bar C Ranch and Pony World Farm as export 
inspection facilities. These inspection facilities meet the standards 
described in the regulations, which range from the use of prescribed 
building materials to procedures for cleaning and disinfecting the 
facility.
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    \1\ World Trade Atlas, based on Bureau of Census data.
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    In 2000-2001, there were approximately 21,000 livestock operations 
in Oregon \2\ and production of all livestock products in the State for 
that year was valued at $786.1 million.\3\ Of the 21,000 livestock 
operations, more than 90 percent are classified as small businesses.\4\ 
Consequently, this analysis of the economic effects of adding a port of 
embarkation, along with the associated inspection facilities, is also 
sufficient for analyzing the small entity impact.
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    \2\ USDA, Agricultural Statistics 2002. Washington, DC: National 
Agricultural Statistics Service, 2002.
    \3\ OASS, Oregon Livestock, Dairy, and Poultry 2000. Portland, 
OR: Oregon Agricultural Statistics Service 2000-2001.
    \4\ A small livestock operation is one having $750,000 or less 
in annual receipts. Table of Size Standards based on NAICS 2002. 
Washington, DC: U.S. Small Business Administration, 2002.
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Impact on Small Entities

    In 2000-2001, the total earnings in Oregon from exports of live 
animals and meat were more than $8.9 million.\5\ Currently, the State 
of Oregon does not have a designated port of embarkation or approved 
export inspection facilities. As such, livestock owners wishing to 
export their animals have to first transport the cargo to one of the 
nearest port and inspection facilities, located in California and 
Washington. The cost savings resulting from decreased transportation 
cost will result in a monetary benefit for exporters of livestock, 
primarily through reduced fuel charges. Of course, the more a 
particular livestock owner is involved in the export of live animals, 
the greater the cost savings will be. However, it is clear that in 
terms of per animal value, the reduced cost of fuel to transport 
animals to ports of embarkation would not likely result in significant 
savings.
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    \5\ USDA, U.S. Agricultural Exports. Washington, DC: Foreign 
Agricultural Service, 2002.
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    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 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 new 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 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, 9 CFR part 91 is amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 
136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 
371.4.

0
2. In Sec.  91.14, paragraphs (a)(14) through (a)(18) are redesignated 
as paragraphs (a)(15) through (a)(19), respectively, and a new 
paragraph (a)(14) is added to read as follows:


Sec.  91.14  Ports of embarkation and export inspection facilities.

    (a) * * *
    (14) Oregon.
    (i) Portland International Airport.
    (A) B Bar C Ranch, 6460 Highway 219, Gervais, OR 97026, (503) 981-
1600.
    (B) Pony World Farm, 13630 NW., Springville Lane, Portland, OR 
97229, (503) 330-8300.
    (ii) [Reserved]
* * * * *

    Done in Washington, DC, this 13th day of May 2003 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12389 Filed 5-16-03; 8:45 am]
BILLING CODE 3410-34-P