Ports Designated for Importation of Birds

DEPARTMENT OF AGRICULTURE

9 CFR Part 92

[Docket No. 94-014-1]

Ports Designated for Importation of Birds

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the animal importation regulations by adding

the Greater Cincinnati International Airport, which is located in

Covington, KY, as a limited port of entry for certain birds. This

action will add another port through which certain pet birds from

Canada, certain pet birds that originated in the United States, and

performing or theatrical birds may be offered for entry into the United

States. We are also making several nonsubstantive changes to correct

errors in the regulations concerning importation of birds.

DATES: This rule will be effective on September 13, 1994 unless we

receive written adverse comments or written notice of intent to submit

adverse comments on or before August 15, 1994. 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.

ADDRESSES: Please send an original and three copies of any adverse

comments or notice of intent to submit adverse comments to Chief,

Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your submission refers to Docket No. 94-014-1. Submissions

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments and notices are requested to call ahead on (202) 690-

2817 to facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Tracye Butler, Staff Veterinarian,

Import-Export Animals Staff, National Center for Import-Export,

Veterinary Services, APHIS, USDA, room 767, Federal Building, 6505

Belcrest Road, Hyattsville, MD 20782, (301) 436-5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 (referred to below as the

regulations) prohibit or restrict the importation of certain animals

into the United States to prevent the introduction of communicable

diseases of livestock and poultry. Subpart A--Birds, Secs. 92.100

through 92.107 of the regulations, regulates the importation of pet

birds, commercial birds, zoological birds, research birds, and

performing or theatrical birds into the United States.

This direct final rule will add the Greater Cincinnati

International Airport, which is located in Covington, KY, as a limited

port of entry for certain birds that are not required to be quarantined

upon arrival at the port of entry. The Greater Cincinnati International

Airport has no quarantine or holding facilities for birds. Under

Secs. 92.101(c)(1) and (c)(2) and 92.101(f) of the regulations, certain

pet birds from Canada, certain U.S.-origin pet birds, and performing or

theatrical birds are not required to be quarantined upon arrival at the

port of entry, and so may be offered for entry at a limited port.

In the past, limited ports of entry for certain pet birds and

performing or theatrical birds have been listed in Sec. 92.203(d) of

the regulations, which is part of Subpart B--Poultry. Limited ports

were listed in Sec. 92.203(d) because those ports were also designated

as ports of entry for performing or theatrical poultry and certain

other poultry and poultry products, such as poultry test specimens,

hatching eggs, and day-old chicks, none of which require restraint or

holding facilities.

There has been an increasing number of pet birds arriving at the

Greater Cincinnati International Airport; there have not, however, been

any poultry or poultry products offered for entry at the airport. For

this reason, the Animal and Plant Health Inspection Service (APHIS)

intends that the Greater Cincinnati International Airport be designated

as a limited port of entry for certain birds only. Therefore, in this

direct final rule, the list of limited ports in Sec. 92.203(d) will be

reproduced in Sec. 92.102, ``Ports designated for the importation of

birds.'' The list will be part of a new paragraph that states that the

ports listed in the paragraph are designated as ports of entry for pet

birds imported under the provisions of Sec. 92.101(c)(1) or (2) and

performing or theatrical birds imported under the provisions of

Sec. 92.101(f). This new paragraph will serve only as a means for APHIS

to add the Greater Cincinnati International Airport as a limited port

of entry for certain birds; its addition will have no substantive

effect on any other provisions of the regulations.

Miscellaneous

This direct final rule will also make several corrections to the

regulations.

Under Sec. 92.101(c)(3), certain pet birds are required to be

quarantined upon arrival at the port of entry. Section 92.103(c) states

that these birds may be offered for entry at one of the ports listed in

Sec. 92.102(a), which are the special ports for pet birds. However, in

Sec. 92.101(c)(3)(ii), there are three references to such birds being

offered for entry at a port of entry designated in Secs. 92.102 or

92.203. This direct final rule will correct Sec. 92.101(c)(3)(ii) by

removing the three references to Sec. 92.203 and, because we will be

adding a second list of ports to Sec. 92.102, changing the three

references to that section to specify the special ports listed in

Sec. 92.102(a). We will also correct a misspelling in paragraph

Sec. 92.101(c)(3)(ii).

In a final rule published in the Federal Register on July 13, 1993

(58 FR 37642, Docket No. 92-103-2), we added Port Canaveral, FL, as a

port of entry for pet birds, performing or theatrical birds, performing

or theatrical poultry, and certain other poultry and poultry products

such as poultry test specimens, hatching eggs, and day-old chicks. As

discussed above, such birds, poultry, and poultry products are not

required to be quarantined at the port of entry. We stated in the July

1993 final rule that the port of entry at Port Canaveral, FL, has

facilities only for those birds, poultry, and poultry products that do

not appear to require restraint and holding facilities, so we added

Port Canaveral, FL, to the list of limited ports in Sec. 92.203(d). We

also, however, mistakenly added Port Canaveral, FL, to the list of

special ports in Sec. 92.102(a), which are the special ports for pet

birds that are required to be quarantined upon arrival at the port of

entry. This direct final rule will correct that error by removing Port

Canaveral, FL, from the list of special ports in Sec. 92.102(a).

In Sec. 92.105(b), the first sentence refers to the limited ports

listed in Sec. 92.203(d) when the reference should actually be to the

special ports listed in Sec. 92.102(a). The error dates back to 1980,

before part 92 was reorganized into its present format, when the

limited ports and the special ports were listed in the same section

(the former Sec. 92.3). The special ports were listed in Sec. 92.3(e)

until the publication of a final rule in the February 22, 1980, Federal

Register (45 FR 11796-11797) that redesignated Sec. 92.3(e) as

Sec. 92.3(f) and added the list of limited ports as the new

Sec. 92.3(e). When paragraph (e) was redesignated, we inadvertently

failed to reflect that change in Sec. 92.8(c), which contained a

reference to Sec. 92.3(e). Not correcting that reference had the effect

of changing the meaning of Sec. 92.8(c) so that the paragraph stated

that pet birds requiring quarantine at the port of entry must be

presented for entry at ports that have no facilities for quarantine.

The error was repeated when part 92 was reorganized into its present

format by a final rule published in the Federal Register on August 2,

1990 (55 FR 31484-31562, Docket No. 90-023), and Sec. 92.8(c) became

Sec. 92.105(b). This direct final rule will, therefore, correct the

reference so the regulations in Sec. 92.105(b) regain their intended

meaning.

In Sec. 92.106(a), this direct final rule will restore one sentence

and delete another to correct an error that resulted from an earlier

final rule. A final rule published in the Federal Register on January

6, 1982 (47 FR 591-596, Docket No. 81-071), directed the revision of

the seventh and eighth sentences in Sec. 92.106(a), but the sixth and

seventh sentences were the ones actually revised in the regulations. As

a result of that error, the sentence ``The daily log and the

identification record shall be maintained for 12 months following the

date of the release of the bird from quarantine'' was deleted and the

sentence that begins ``During the quarantine period, the importer shall

* * *'' was left in the text. The former sentence will be restored and

the latter sentence deleted.

This direct final rule will amend Secs. 92.101, 92.102, 92.105, and

92.106 in accordance with the procedures explained below. The

amendments will add the Greater Cincinnati International Airport as a

limited port, add a list of limited ports to Sec. 92.102, and correct

several errors in the regulations.

Effective Date

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, 60

days after the date of publication in the Federal Register unless we

receive written adverse comments or written notice of intent to submit

adverse comments within 30 days of the date of publication of this rule

in the Federal Register.

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. Following the close of that

comment period, the comments will be considered, and a final rule

addressing the comments will be published.

As discussed above, 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 to this effect 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 direct final 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 direct final rule will add the Greater Cincinnati

International Airport in Covington, KY, as a limited port of entry for

certain birds. The Greater Cincinnati International Airport has seen a

steady increase in the number of international arrivals, especially

from Europe. The airport is a hub for at least one major airline and

receives flights from London, Zurich, Paris, Frankfort, and Munich. The

increase in international arrivals is expected to continue.

When a traveler with a pet bird arrives at the Greater Cincinnati

International Airport without advance notice, APHIS inspectors at the

airport must contact APHIS Veterinary Services (VS) personnel in

Kentucky to arrange for an inspection. The traveler then must wait at

the airport for an APHIS veterinarian to arrive. In order to streamline

this process, the APHIS Area Veterinarian in Charge in Kentucky has

requested that the Greater Cincinnati International Airport be

designated as a limited port of entry for pet birds. Such a designation

will enable travelers to contact APHIS in advance to schedule an

inspection to coincide with their arrival, and APHIS/VS personnel will

have the necessary forms and equipment on hand to conduct those

inspections. This will allow a more orderly approach to the inspection

of pet birds arriving at the Greater Cincinnati International Airport

from foreign countries.

We believe that designating the Greater Cincinnati International

Airport as a limited port of entry for birds will have no economic

impact on domestic or foreign consumers or producers, large or small,

because the designation will not have any effect on commercial imports

of birds. No additional cost is expected for APHIS because no new

personnel will have to be hired, nor will any additional hours have to

be worked by the APHIS/VS personnel already on staff who currently

perform the required inspections for arriving pet birds without the

benefit of prior notice.

The remaining changes contained in this document are administrative

in nature and, therefore, will have no economic effect.

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 information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 92 is 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. 92.101 [Amended]

2. Section 92.101 is amended as follows:

a. In paragraph (c)(3)(ii), in the second sentence, the words ``as

provided, in Sec. 92.102 or 92.203'' are removed and the words ``in

Sec. 92.102(a)'' are added in their place, and the reference

``Sec. 92.102 or 92.203'' is removed and the reference

``Sec. 92.102(a)'' is added in its place.

b. In paragraph (c)(3)(ii), in the third sentence, the reference

``Sec. 92.102 or 92.203'' is removed and the reference

``Sec. 92.102(a)'' is added in its place, and the word ``Newberg'' is

removed and the word ``Newburgh'' is added in its place.

3. In Sec. 92.102, paragraph (a) is revised as set forth below and

a new paragraph (d) is added to read as follows:

Sec. 92.102 Ports designated for the importation of birds.

(a) Special ports for pet birds. The following ports are designated

as ports of entry for pet birds imported under the provisions of

Sec. 92.101(c) and performing or theatrical birds imported under the

provisions of Sec. 92.101(f): Los Angeles and San Ysidro, CA; Miami,

FL; Honolulu, HI; New York, NY; and Hidalgo, TX.

* * * * *

(d) Limited ports. The following ports are designated as ports of

entry for pet birds imported under the provisions of Sec. 92.101(c) (1)

or (2) and performing or theatrical birds imported under the provisions

of Sec. 92.101(f): Anchorage and Fairbanks, AK; San Diego, CA; Denver,

CO; Jacksonville, Port Canaveral, St. Petersburg-Clearwater, and Tampa,

FL; Atlanta, GA; Chicago, IL; New Orleans, LA; Boston, MA; Baltimore,

MD; Portland, ME; Minneapolis, MN; Great Falls, MT; Covington, KY

(Greater Cincinnati International Airport); Portland, OR; San Juan, PR;

Galveston and Houston, TX; and Seattle, Spokane, and Tacoma, WA.

Sec. 92.105 [Amended]

4. In Sec. 92.105, paragraph (b), the reference ``Sec. 92.203(d)''

is removed and the reference ``Sec. 92.102(a)'' is added in its place.

Sec. 92.106 [Amended]

5. In Sec. 92.106, paragraph (a), the eighth sentence, which reads

``During the quarantine period, the importer shall comply with handling

procedures (including inspection and testing) as provided in paragraph

(c) of this section.'', is removed.

6. In Sec. 92.106, paragraph (a), a new sentence is added after the

fifth sentence to read as follows: ``The daily log and the

identification record shall be maintained for 12 months following the

date of the release of the bird from quarantine''.

Done in Washington, DC, this 11th day of July 1994.

William S. Wallace,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-17246 Filed 7-14-94; 8:45 am]

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