65FR38177 Hawaii Animal Import Center
robop...@us.govnews.org
Posting-number: Volume 65, Issue 119, Page 38177
[Federal Register: June 20, 2000 (Volume 65, Number 119)]
[Rules and Regulations]
[Page 38177-38179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn00-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93, 98, and 130
[Docket No. 98-013-2]
Hawaii Animal Import Center
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending 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 amending 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 actions will update the regulations to
reflect the June 1997 closure of the Hawaii Animal Import Center.
EFFECTIVE DATE: July 20, 2000.
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
for the cost of import-and export-related services provided at animal
import centers and ports of entry.
On March 9, 2000, we published in the Federal Register (65 FR
12486-12488, Docket No. 98-013-1) a proposal to amend the regulations
by removing Honolulu, HI, from the lists of animal import centers and
ports of entry that provide quarantine services. In addition, we
proposed to amend part 130 by removing all references to the animal
import center in Honolulu, HI. We also proposed 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 further proposed to amend the regulations in part 98 by
adding Honolulu, HI, as a limited port 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 the proposal, embryos could
be imported through Honolulu, HI, because it would be listed in those
sections as a limited port.) We also proposed minor, nonsubstantive
changes to part 93.
We solicited comments concerning our proposal for 60 days ending
May 8, 2000. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
Miscellaneous
In Sec. 93.308, paragraph (a)(2) lists the regions that we consider
affected with African horse sickness as: All the regions on the
continent of Africa, except Morocco; Oman; Saudi Arabia; and the Yemen
Arab Republic. For clarity, we are rewording the list to read: Oman,
Saudi Arabia, the Yemen Arab Republic, and all the regions on the
continent of Africa except Morocco.
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 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 will 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 will not
[[Page 38178]]
have a significant economic effect on importers. In addition, our
designation of 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 will 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 will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final 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.
9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
Accordingly, we are amending 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 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 371.2(d).
Sec. 93.102 [Amended]
2. In Sec. 93.102, paragraph (a) is amended by removing the words
``Honolulu, HI;'' and paragraph (d) is 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) is removed, and paragraph
(a)(4)(iii) is redesignated as paragraph (a)(4)(ii) and the last two
sentences are removed.
Sec. 93.105 [Amended]
4. In Sec. 93.105, paragraph (c)(2) is 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 is 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) is amended by removing the
words ``Honolulu, HI;''.
Sec. 93.203 [Amended]
7. In Sec. 93.203, paragraph (a) is amended by removing the words
``Honolulu, Hawaii;'' and paragraph (d) is amended by adding the words
``Honolulu, Hawaii;'' immediately after the words ``Atlanta,
Georgia;''.
Sec. 93.303 [Amended]
8. In Sec. 93.303, paragraph (a) is amended by removing the words
``Honolulu, Hawaii;'' and paragraph (d) is amended by adding the words
``Honolulu, Hawaii,'' immediately after the words ``Atlanta,
Georgia;''.
9. In Sec. 93.308, the last sentence in paragraph (a)(2) is amended
as follows:
Sec. 93.308 Quarantine requirements.
(a) * * *
(2) * * * APHIS considers the following regions to be affected with
African horse sickness: Oman, Saudi Arabia, the Yemen Arab Republic,
and all the regions on the continent of Africa except Morocco.
* * * * *
Sec. 93.403 [Amended]
10. In Sec. 93.403, paragraph (a) is amended by removing the words
``Honolulu, Hawaii;'' and paragraph (e) is amended by adding the words
``Honolulu, Hawaii,'' immediately after the words ``Atlanta,
Georgia;''.
Sec. 93.404 [Amended]
11. In Sec. 93.404, paragraph (a)(2) is amended by removing the
words
``, except as provided in Sec. 93.430''.
Sec. 93.503 [Amended]
12. In Sec. 93.503, paragraph (a) is amended by removing the words
``Honolulu, Hawaii;'' and paragraph (e) is amended by adding the words
``Honolulu, Hawaii;'' immediately after the words ``Atlanta,
Georgia;''.
Sec. 93.703 [Amended]
13. In Sec. 93.703, paragraph (a)(1) is amended by removing the
words ``Honolulu, HI;''.
Sec. 93.805 [Amended]
14. In Sec. 93.805, paragraph (a)(1) is amended by removing the
words ``Honolulu, Hawaii;''.
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
15. The authority citation for part 98 continues 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]
16. In Sec. 98.33, paragraph (a) is amended by removing the words
``Honolulu, Hawaii;'' and paragraph (d) is amended by adding the words
``Honolulu, Hawaii;'' immediately after ``Atlanta, Georgia;''.
PART 130--USER FEES
17. The authority citation for part 130 continues 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]
18. Section 130.1 is 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;''.
[[Page 38179]]
Done in Washington, DC, this 14th day of June 2000.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-15469 Filed 6-19-00; 8:45 am]
BILLING CODE 3410-34-U