Conferring Designated Port Status on Atlanta, GA

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AD33

Conferring Designated Port Status on Atlanta, GA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service confers designated port status

on Atlanta, Georgia, pursuant to section 9(f) of the Endangered Species

Act of 1973. Designated port status will allow the direct importation

and exportation of fish and wildlife, including parts and products,

through Atlanta, Georgia, a growing international port. Under this

final rule, 50 CFR 14.12 will be amended to add Atlanta, Georgia, to

the list of Customs ports of entry designated for the importation and

exportation of wildlife. A public hearing has been held on this

proposal.

EFFECTIVE DATE: This rule is effective March 4, 1996.

FOR FURTHER INFORMATION CONTACT: Special Agent Thomas Striegler, [(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

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 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 nondesignated port. The Service maintains a

staff of Wildlife Inspectors at each designated port to inspect and

clear wildlife shipments.

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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/Fort Worth, Texas;

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

Summary of Comments and Information Received

On October 20, 1995, between 10 a.m. and 12 p.m., the Fish and

Wildlife Service held a public meeting at the Airport Manager's Office,

Hartsfield International Airport, Atlanta, Georgia. The Service

received comments from individuals in the wildlife import/export

business, from individuals involved in the brokerage and freight

forwarding business, and from individuals representing the city of

Atlanta. All comments received during the public meeting supported the

designation of Atlanta as a designated port for wildlife and wildlife

products.

One participant of the public meeting representing Hartsfield

International Airport commented on the fact that the city of Atlanta

and the Georgia Congressional delegation have supported the designation

of Atlanta for several years. Atlanta is the second busiest airport in

the world, according to the commenter, and is considered the aviation

gateway to the southeast United States. The commenter stated that

Hartsfield International Airport has experienced significant growth in

cargo shipments over the past several years and for Atlanta to realize

its full potential and take advantage of expanding world trade, Service

designation as a designated port is important. A commenter at the

public meeting representing brokers and freight forwarders, as well as

the ``international community'' in Atlanta, stated that several

businesses in the Atlanta area have quit importing wildlife products

through Atlanta (by using Designated Port exception permits issued by

the Service) because of the unavailability of Wildlife Inspectors to

process importations on a timely basis. The commenter told the meeting

that he has received numerous inquiries from those involved in the

wildlife import/export business about using Atlanta to receive or ship

wildlife internationally, but has told them they could not use Atlanta

due to the lack of designation by the Service. The commenter stated

that he sees designation of Atlanta as an ``ingredient to economic

growth'' in the area.

Another commenter formally representing the Association of Brokers

and Freight Forwarders in Atlanta was fully supportive of designation

by the Service of Atlanta as a port of entry for wildlife and wildlife

products. A commenter representing a Congressman from Georgia told the

meeting that the Congressman had worked for several years for the

designation of Atlanta by the Service and was very pleased to see the

proposed rule. A tropical fish importer told the meeting that he deals

in such a highly perishable product that importing directly into

Atlanta will mean his customers do not have to go to California for

tropical fish, and that his business depends upon Atlanta being

designated a wildlife port of entry. The commenter wishes to see the

rulemaking process proceed towards designation of Atlanta. The Service

has received one written comment on the proposed rule. That commenter,

from the shipping industry, stated that it supports the designation of

Atlanta as a designated port. This commenter also requested the Service

to consider Memphis, Tennessee, as a designated port in the future.

Service Response

The Service appreciates public comments and support for designation

of Atlanta as a designated port. At this time the Service has no plans

to make Memphis, Tennessee, a designated port.

Need for Final 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

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 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 the decision 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), has agreed in principle to

fund the operational costs of the port,

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

collected at the port for inspection services. This arrangement has

been set forth in a Memorandum of Agreement between the Airport and the

Service, to be executed within 30 days of the publication of this final

rule. The Airport will provide such funds to the Service through a

contributed fund mechanism. See 16 U.S.C. 742f(b). This agreement

provides for $150,000, sufficient operational funding for the port,

initially to include two Wildlife Inspectors and one clerical/

administrative support position.

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 final 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 rule

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 rule will not have the

effect of increasing the direct costs of small entities. The Service,

in light of the above analysis, has determined that the final rule will

not have a significant economic effect on a substantial number of small

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

seq.

This final 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 final rule does not

contain any information collection requirements which require approval

by the Office of Management and Budget under the Paperwork Reduction

Act of 1995. These 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 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 revision of Part 14

will not affect 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 final rule is John M. Neal, Senior Special

Agent, Division of Law Enforcement, U.S. Fish and Wildlife Service,

Washington, D.C.

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 amends 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: January 22, 1996.

George T. Frampton Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-1880 Filed 2-1-96; 8:45 am]

BILLING CODE 4310-55-M