[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Rules and Regulations]
[Pages 25119-25120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11562]



-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Parts 92 and 98

[Docket No. 94-110-2]


Limited Ports; Denver, CO

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations concerning importation of 
animals and animal germ plasm by removing Denver, CO, from the list of 
limited ports of entry for animals and animal products that do not 
require restraint or holding facilities. The port has handled few 
importations and no longer has the personnel required to effectively 
provide inspection services for this location.

EFFECTIVE DATE: June 1, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. David Vogt, Senior Staff 
Veterinarian, Import/Export Products, National Center for Import and 
Export, VS, APHIS, Suite 3B05, 4700 River Road, Unit 39, Riverdale, MD 
20737-1231; (301) 734-8172.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 92 and 98 (referred to below as the 
regulations) restrict the importation of specified animals, animal 
products, and animal germ plasm into the United States to prevent the 
introduction of various animal diseases. The regulations designate 
limited ports of entry for germ plasm and certain animals and animal 
products, such as test specimens, that [[Page 25120]] do not require 
restraint or holding facilities. Sections 92.102(d), 92.203(d), 
92.303(d), 92.403(e), 92.503(e), and 98.33(d) of the regulations list 
the limited ports having inspection facilities for the importation of 
certain birds, poultry and poultry products, horses and horse products, 
ruminants and ruminant products, swine and swine products, and germ 
plasm, respectively.
    On February 7, 1995, we published in the Federal Register (60 FR 
7137-7138, Docket No. 94-110-1), a proposal to amend Secs. 92.102(d), 
92.203(d), 92.303(d), 92.403(e), 92.503(e), and 98.33(d) of the 
regulations by removing Denver, CO, from the list of limited ports of 
entry for animals and animal products that do not require restraint or 
holding facilities.
    We solicited comments concerning our proposal for 60 days ending 
April 10, 1995. We did not receive any comments. The facts presented in 
the proposed rule still provide the basis for this final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change. 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.
    Only certain animals and animal products from Canada and germ plasm 
have been imported into Denver, CO, during the past several years. 
Therefore, we believe that the primary impact of this final rule will 
be on importers of those animals and animal products from Canada and 
importers of animal germ plasm. These importers will no longer be able 
to import these articles through the Stapleton International Airport, 
which is located in Denver, CO. However, there have been few shipments 
of animals, animal products, or germ plasm imported through Denver, CO, 
during the past year. After removing Denver, CO, as a limited port of 
entry, there are still many ports throughout the United States that 
will remain available as alternate ports, including over 20 limited 
ports. Because of the reasons provided above, we believe that removing 
Denver, CO, from the lists of limited ports will have little if any 
economic impact on importers or other entities, large or small. We do 
not anticipate any change in the volume or number of shipments of 
animals, animal products, or germ plasm entering the United States, or 
in the number of persons importing them, due to removing Denver, CO, as 
a limited port.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects

9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 98

    Animal diseases, Imports.

    Accordingly, 9 CFR parts 92 and 98 are amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    1. The authority citation for part 92 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, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 92.102  [Amended]

    2. In Sec. 92.102, paragraph (d) is amended by removing ``Denver, 
CO;''.


Secs. 92.203, 92.303, 92.403, and 92.503 [Amended]

    3. Sections 92.203, 92.303, 92.403, and 92.503 are amended by 
removing the words ``Denver, Colorado;'' in the following places:
    (a) In Sec. 92.203, paragraph (d);
    (b) In Sec. 92.303, paragraph (d);
    (c) In Sec. 92.403, paragraph (e); and
    (d) In Sec. 92.503, paragraph (e).

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

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

    Authority: 7 U.S.C. 1622; 21 U.S.C. 103, 104, 105, 111, 134a, 
134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17, 
2.51, and 371.2(d).


Sec. 98.33  [Amended]

    5. In Sec. 98.33, paragraph (d) is amended by removing the words 
``Denver, Colorado;''.

    Done in Washington, DC, this 3rd day of May 1995.
George O. Winegar,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-11562 Filed 5-10-95; 8:45 am]
BILLING CODE 3410-34-P