[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Rules and Regulations]
[Pages 38177-38179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15469]


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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