Canadian Border Ports; Baudette, MN

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92 and 98

[Docket No. 94-087-1]

Canadian Border Ports; Baudette, MN

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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

SUMMARY: We are amending the animal importation regulations by adding

Baudette, MN, as a Canadian border port for pet birds, poultry, horses,

ruminants, swine, and germ plasm. We have determined that Baudette, MN,

has inspection facilities which meet our [[Page 16044]] requirements

for Canadian border port status. This action will provide an additional

Canadian border port.

DATES: This rule will be effective on May 30, 1995 unless we receive

written adverse comments or written notice of intent to submit adverse

comments on or before April 28, 1995.

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

comments or notice of intent to submit adverse comments to Docket No.

94-087-1, Animal and Plant Health Inspection Service, Policy and

Program Development, Regulatory Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737-1228. Please state that your

submission refers to Docket No. 94-087-1. 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. David Vogt, Senior Staff

Veterinarian, Animal and Plant Health Inspection Service, Veterinary

Services, National Center for Import and Export, Import/Export Animals

Staff, 4700 River Road Unit 39, Riverdale, MD 20737-1228; (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 and animal

products into the United States. The regulations designate land border

ports along the U.S.-Canada border which have inspection facilities for

the importation of certain animals and germ plasm that require

inspection. Section 92.102(a) of the regulations lists the special

ports having inspection facilities for the importation of certain pet

birds. Sections 92.203(b), 92.303(b), 92.403(b), 92.503(b) and 98.33(b)

of the regulations list the Canadian border ports having inspection

facilities for the importation of certain poultry, horses, ruminants,

swine and germ plasm, respectively.

A new facility in Baudette, MN, is ready for use as an inspection

station. We have determined that the Animal and Plant Health Inspection

Service has the personnel and facilities at Baudette, MN, required to

effectively provide inspection services. Baudette, MN, is currently

listed in Secs. 92.403(e) and 92.503(e) as a limited port for ruminants

and ruminant products and swine and swine products, respectively.

Limited ports are used for animals and animal products that do not

require restraint and holding facilities. Since Baudette, MN, is

capable of performing full inspection services, we will remove

Baudette, MN, from the list of limited ports.

This rule will amend Secs. 92.102(a), 92.203(b), 92.303(b),

92.403(b), 92.403(e), 92.503(b), 92.503(e), and 98.33(b) in accordance

with the procedures explained below under ``Dates.'' The amendment will

add Baudette, MN, as a Canadian border port and remove it as a limited

port.

Dates

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 notice 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 nor

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

notice 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 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.

Currently, Baudette, MN, is a limited port for certain ruminants,

ruminant products, swine, and swine products. This rule will add

Baudette, MN, as a Canadian border port for certain pet birds, poultry,

horses, ruminants, swine, and germ plasm. We believe the primary impact

will be on importers of certain pet birds, poultry, horses, ruminants,

swine, and germ plasm. Few if any of these entities can be regarded as

small.

If this rule is not adopted, some importers would have to travel

long distances to a port in another State. We believe that adding

Baudette, MN, as a Canadian border port will benefit U.S. importers of

pet birds, poultry, horses, ruminants, and swine since these

importations will now be logistically easier for a number of these

entities. Based on information from the local livestock industry we

expect 500 to 1,000 head of Canadian cattle to be imported into the

United States through Baudette, MN. Approximately half of these imports

will be diverted from other ports. In 1993, cattle imports into the

United States from Canada totaled approximately 1.2 million head.

Therefore, we do not anticipate this increase in the imports to have a

significant economic impact.

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 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

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

9 CFR Part 92

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

Quarantine, Reporting and recordkeeping requirements. [[Page 16045]]

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 (a) is amended by adding the words

``Baudette, Minnesota;'' immediately after ``New York, New York;''.

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

adding the words ``Baudette, Minnesota;'' immediately after

``Michigan;'' in the following places:

a. In Sec. 92.203, paragraph (b);

b. In Sec. 92.303, paragraph (b);

c. In Sec. 92.403, paragraph (b); and

d. In Sec. 92.503, paragraph (b).

Secs. 92.403 and 92.503 [Amended]

4. Sections 92.403 and 92.503 are amended by removing the words

``Baudette and'' in the following places:

a. In Sec. 92.403, paragraph (e) and

b. In Sec. 92.503, paragraph (e).

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

4. The authority citation for part 98 is revised 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 (b) is amended by adding ``Baudette,

Minnesota;'' immediately after ``Sault Ste. Marie, Michigan;''.

Done in Washington, DC, this 22nd day of March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-7598 Filed 3-28-95; 8:45 am]

BILLING CODE 3410-34-P