[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Page 17984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7739]


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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. 69, No. 66 / Tuesday, April 6, 2004 / 
Proposed Rules  

[[Page 17984]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 330

[Docket No. 02-011-3]


Redelivery of Cargo for Inspection

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We are withdrawing a proposed rule that would have allowed 
inspectors from the Animal and Plant Health Inspection Service (APHIS) 
to require that cargo be returned to the port of first arrival or, if 
convenient, another location as specified by APHIS for inspection when 
necessary. The proposed rule was intended to simplify the inspection 
process by allowing APHIS inspectors to deal directly with owners, 
shippers, brokers, and their agents rather than having to request that 
the U.S. Customs Service act on APHIS' behalf and order the cargo 
returned to the port for inspection. We are taking this action after 
consulting with the Department of Homeland Security and determining 
that the incorporation of both Customs and APHIS port inspectors into 
that department has made the proposed change in the regulations 
unnecessary.

FOR FURTHER INFORMATION CONTACT: Ms. Jane E. Levy, Senior Staff 
Officer, Quarantine Policy Analysis and Support, PPQ, APHIS, 4700 River 
Road Unit 60, Riverdale, MD 20737-1236; (301) 734-8259.

SUPPLEMENTARY INFORMATION:

Background

    On June 20, 2002, we published in the Federal Register (67 FR 
41868-41869, Docket No. 02-011-1) a proposal to amend the regulations 
pertaining to the inspection of cargo entering the United States to 
provide that inspectors from the Animal and Plant Health Inspection 
Service (APHIS) could require that cargo be returned to the port of 
first arrival or, if convenient, another location as specified by APHIS 
for inspection when necessary. The proposed rule was intended to 
simplify the inspection process by allowing APHIS inspectors to deal 
directly with owners, shippers, brokers, and their agents, rather than 
having to request that the U.S. Customs Service act on APHIS' behalf 
and order the cargo returned to the port for inspection.
    We solicited comments for 60 days ending August 19, 2002. We 
received three comments by that date. On August 27, 2002, we published 
in the Federal Register (67 FR 54976, Docket No. 02-011-2) a notice 
that we were reopening the comment period for the proposed rule until 
September 16, 2002. We did not receive any additional comments by that 
date.
    After consultation with the Department of Homeland Security (DHS), 
we have determined that proceeding with a final rule is unnecessary 
since both Customs and APHIS port inspectors have been incorporated 
into the Border and Transportation Security Division of DHS. Therefore, 
we are withdrawing the June 20, 2002, proposed rule.

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136 
and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, 
and 371.3.

    Done in Washington, DC, this 31st day of March, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-7739 Filed 4-5-04; 8:45 am]
BILLING CODE 3410-34-P