Conferring Designated Port Status on Atlanta, Georgia

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AD33

Conferring Designated Port Status on Atlanta, Georgia

agency: U.S. Fish and Wildlife Service, Interior.

action: Proposed rule.

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summary: The Fish and Wildlife Service proposes to confer designated

port status on Atlanta, Georgia, pursuant to section 9(f) of the

Endangered Species Act of 1973. Designated port status would allow the

direct importation and exportation of fish and wildlife, including

parts and products, through Atlanta, Georgia, a growing international

port. Under this proposed rule, the regulations would be amended to add

Atlanta, Georgia, to the list of Customs ports of entry designated for

the importation and exportation of wildlife.

dates: Comments must be submitted on or before December 12, 1995.

Public hearing, see Supplementary Information section.

addresses: Comments and materials concerning this proposal should be

sent to the Director, U.S. Fish and Wildlife Service, P.O. Box 3247,

Arlington, Virginia 22203-3247. Comments and materials may be hand-

delivered to the U.S. Fish and Wildlife Service, Division of Law

Enforcement, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia,

between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday.

Public hearing, see Supplementary Information section.

for further information contact: Special Agent Thomas Striegler, at the

above address[(703) 358-1949], or Special Agent Cecil M. Halcomb,

Assistant Regional Director, U.S. Fish and Wildlife Service, P.O. Box

49226, Atlanta, Georgia 30359, [(404) 679-7057].

SUPPLEMENTARY INFORMATION:

Background

Designated ports are the cornerstones of the process by which the

U.S. Fish and Wildlife Service (Service) regulates the importation and

exportation of wildlife in the United States. With limited exceptions,

all fish or wildlife must be imported and exported through such ports

as required by section 9(f) of the Endangered Species Act of 1973, 16

U.S.C. 1538(f). The Secretary of the Interior is responsible for

designating

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these ports by regulation, with the approval of the Secretary of the

Treasury after notice and the opportunity for public hearing.

Under Service regulations, wildlife must be imported and exported

through one of the designated ports unless the importer/exporter meets

one of the exceptions in the regulations. The most common exception is

through a permit issued by the Service authorizing an importer or

exporter to ship through a non-designated port. The Service maintains a

staff of Wildlife Inspectors at each designated port to inspect and

clear wildlife shipments.

The Service presently has twelve designated Customs ports of entry

for the importation and exportation of wildlife, these include: the

ports of Los Angeles, California; San Francisco, California; Miami,

Florida; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana;

New York, New York; Seattle, Washington; Dallas/Forth Worth, Texas;

Portland, Oregon; Baltimore, Maryland; and Boston, Massachusetts.

Need for Proposed Rulemaking

Containerized air and ocean cargo has become the paramount means by

which both live wildlife and wildlife products are transported into and

out of the United States. The use of containerized cargo by the airline

and shipping industries has compounded the problems encountered by the

Service and by wildlife importers and exporters in the Atlanta area. In

many instances, foreign suppliers will containerize entire shipments

and route them directly by air to Atlanta. If, upon arrival, the

shipment contains any wildlife, those items must be shipped under

Customs bond to a designated port for clearance. In most cases, this

has involved shipping wildlife products to either Miami, Florida;

Chicago, Illinois; New York, New York; Baltimore, Maryland; or New

Orleans, Louisiana, the nearest designated ports, but reshipment has

been both time consuming and expensive. In other cases containerized

maritime cargo is transhipped overland for post entry inspection at

Atlanta. Atlanta is one of the Nation's busiest inland seaports, with

an estimate of greater than 25,000 ocean containers arriving annually

by rail on Atlanta ocean bills of lading. In addition there has been a

steady increase in mail inspections being conducted at Atlanta.

Atlanta area importers and exporters have attempted to direct

entire shipments to a designated port prior to their arrival at

Atlanta, in an effort to alleviate problems, even though such shipments

may contain only a small number of wildlife items. This method of

shipment meets the current regulatory requirements of the Service;

however, this is also time consuming and entails additional expense. It

is also contrary to the increasing tendency of foreign suppliers to

ship consignments directly to regional ports such as Atlanta. In

addition, time is a key element when transporting Live wildlife and

perishable wildlife products. Without designated port status,

businesses in Atlanta cannot import and export wildlife products

directly, and consequently may be unable to compete economically with

merchants in other international trading centers located in designated

ports.

With airborne shipments, mail and transhipped maritime

containerized cargo into and out of Atlanta steadily increasing, the

Service has concluded that the port should be designated for wildlife

imports and exports. A tremendous increase in the volume of shipments

has made Atlanta the second largest port of entry in the Southeast. The

Service's figures for fiscal year 1994 for the present nondesignated

port of Atlanta indicate a total of 397 shipments occurred representing

an estimated total value worth $3,801,043 of wildlife and wildlife

products. The Service projects that with the establishment of Atlanta

as a designated port fro the importation and exportation of wildlife

and wildlife products that the number of shipments through the port

would triple over the first 3 to 5 years. This projection is based upon

the Service's previous experience at other newly designated ports such

as Dallas/Fort Worth and Portland. As Atlanta prepares to host the 1996

Summer Olympics, the Service expects even greater demands to be placed

on its inspection capabilities. Conferring the status of a designated

port on Atlanta, therefore, would serve not only the interests of

businesses in the region, but would also facilitate the mission of the

Service.

The Service is making this proposal to confer designated port

status upon Atlanta, Georgia, contingent upon the continued funding of

adequate Service inspection and administrative personnel to properly

staff the port. The Hartsfield Atlanta International Airport, City of

Atlanta, Department of Aviation (Airport), P.O. Box 20509, Atlanta,

Georgia, has agreed in principle to fund the operational costs of the

port, subject to a dollar cap, to the extent that those costs exceed

the fees collected at the port for inspection services. This

arrangement will be set forth in a Memorandum of Agreement between the

Airport and the Service to be executed prior to publication of a final

rule conferring designated port status on Atlanta. The Airport is

expected to provide such funds to the Service through a contributed

fund mechanism. See 16 U.S.C. 742f (b). This agreement will provide for

sufficient operational funding for the port, initially to include two

Wildlife Inspectors and one clerical/administrative support position.

Notice of Public Hearing

Section 9(f) of the Endangered Species Act of 1973, 16 U.S.C.

1538(f)(1), requires that the public be given an opportunity to comment

at a public hearing prior to the Secretary of the Interior conferring

designated port status on any port.

Accordingly, the service has scheduled a public hearing for Friday,

October 20, 1995, from 10:00 A.M. to 12:00 Noon. The hearing will be

held at the Office of the General Manager, North Terminal Building,

Hartsfield Atlanta International Airport, Atlanta, ((404) 530-6834).

All interested persons wishing to present oral or written testimony at

this hearing must advise the Service in writing by Tuesday, October 17,

1995. All such requests must be submitted in writing to: Assistant

Regional Director, U.S. Fish and Wildlife Service, P.O. Box 49226,

Atlanta, Georgia 30359, ((404) 679-7057). Two (2) copies of the

testimony should be submitted with each request.

Required Determinations

This rule was not subject to review by the Office of Management and

Budget (OMB) under Executive Order 12866. The Department of the

Interior (Department) has determined that this proposed rule will not

have a significant economic effect on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

This proposal will have a positive incidental effect upon small

entities by reducing overland transportation costs.

The Service anticipates that the addition of the Port of Atlanta to

the list of Service Designated Ports for the importation and

exportation of wildlife to have no adverse affects upon individual

industries and cause no demographic changes in populations. In

addition, the Service anticipates that this proposal will not have the

effect of increasing the direct costs of small entities and will have

no effect upon information collection and recordkeeping requirements.

The Service, in light of the above analysis, has determined that the

proposed rule will not have a significant economic effect on a

substantial number of small

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entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et

seq.

This proposed rule has no private property takings implications as

defined in Executive Order 12630. The only effect of this rule will be

to make it easier for businesses to import and export wildlife directly

through Atlanta, Georgia. This action does not contain any federalism

impacts as described in Executive Order 12612. This proposed rule does

not contain any information collection requirements which require

approval by the Office of Management and Budget under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq. These proposed changes in the

regulations in Part 14 are regulatory and enforcement actions which are

covered by a categorical exclusion from National Environmental Policy

Act procedures under 516 Department Manual; the proposed changes have

no Environmental Justice implications under Executive Order 12898. A

determination has been made pursuant to Section 7 of the Endangered

Species Act that the proposed revision of Part 14 will not effect

federally listed species. The Department has certified that these

regulations meet the applicable standards provided in Section 2(a) and

2(b)(2) of Executive Order 12778.

Author

The originator of this proposed rule is Paul McGowan, Law

Enforcement Specialist, Division of Law Enforcement, U.S. Fish and

Wildlife Service, Washington, DC.

List of Subjects in 50 CFR Part 14

Animal welfare, Exports, Fish, Imports, Labeling, Reporting and

recordkeeping requirements, Transportation, Wildlife.

Regulation Promulgation

For the reasons set out in the preamble, the Service proposes to

amend title 50, chapter I, subchapter B of the Code of Federal

Regulations as set forth below.

PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE

1. The authority citation for part 14 is revised to read as

follows:

Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1540(f), 3371-

3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).

Sec. 14.12 [Amended]

2. Section 14.12(k) is amended by removing the word ``and''.

3. Section 14.12(l) is amended by removing the period and adding

the word ``and'' preceded by a semicolon.

4. Section 14.12 is amended by adding the following new paragraph

(m):

Sec. 14.12 Designated Ports.

* * * * *

(m) Atlanta, Georgia.

Dated: September 25, 1995.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-25236 Filed 10-12-95; 8:45 am]

BILLING CODE 4310-55-M