Limited Ports; Dayton, OH

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 96-094-1]

Limited Ports; Dayton, OH

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

Dayton, OH, to the list of limited ports of entry for horses and horse

products, such as horse test specimens, that do not appear to require

restraint and holding inspection facilities. We have determined that

this port has inspection facilities for this purpose and that Animal

and Plant Health Inspection Service personnel are available to provide

service at this location. This action will provide an additional port

of entry for horses and horse products that do not require restraint

and holding facilities for inspection at the port of entry.

DATES: This rule will be effective on July 21, 1997 unless we receive

written adverse comments or written notice of intent to submit adverse

comments on or before June 23, 1997.

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

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

96-094-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that

your submission refers to Docket No. 96-094-1. 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 Products, National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301)

734-8423; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

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

regulations) restrict the importation of specified animals and animal

products into the United States to prevent the introduction of

communicable animal diseases. Subpart C--Horses, Secs. 92.300 through

92.326 of the regulations, covers the importation of horses. Section

92.303 designates ports approved for the importation of horses. Section

92.303, paragraph (d), lists limited ports, which have inspection

facilities for the importation of horses and horse products, such as

horse test specimens, that do not appear to require restraint and

holding facilities for inspection at the port of entry.

This rule will amend Sec. 92.303(d) in accordance with the

procedures explained below under DATES, by adding Dayton, OH, to the

list of limited ports for the entry of horses and horse products. We

have determined that this port has inspection facilities for this

purpose and that Animal and Plant Health Inspection Service personnel

are available to provide service at this location. This action will

provide importers with an alternative port of entry for horses and

horse products that do not require restraint and holding

[[Page 27938]]

facilities for inspection at the port of entry.

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 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.

We have determined that Dayton, OH, meets the requirements for

being designated as a limited port of entry for horses and horse

products. A limited port of entry has inspection capabilities for

animals and products that do not appear to require restraint and

holding facilities for inspection.

This rule will allow imported horses and horse products that do not

require restraint and holding facilities for inspection at the port of

entry to be imported into the United States through Dayton, OH.

Allowing these horses and horse products to be imported through Dayton,

OH, is not expected to result in any significant increase in the number

of horses and horse products imported into the United States. The

opening of Dayton, OH, as a limited port only provides an alternative

point of entry for horses and horse products already allowed to be

imported into the United States. It is expected that the number of

horses imported through Dayton, OH, will be quite small, probably fewer

than 20 a year. A similarly small quantity of horse products is also

expected to be imported through the port.

The entities affected by this rule will be those importers who wish

to use the port. We believe that most of these entities will be

considered small entities by the Small Business Administration's

standards, but we do not know how many of them will opt to use the

port. The port in Dayton, OH, will provide these importers with an

alternative point of entry for horses and horse products, which could

result in added convenience and lowered costs for the importers. We do

not anticipate that there will be a significant economic impact on any

small entities as a result of this rule.

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 12988

This rule has been reviewed under Executive Order 12988, 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 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal disease, 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, BIRDS, AND POULTRY, AND

CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS

OF CONVEYANCE AND SHIPPING CONTAINERS

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 2.22, 2.80, and 371.2(d).

Sec. 92.303 [Amended]

2. In Sec. 92.303, paragraph (d) is amended by adding the words

``Dayton, Ohio;'' immediately after ``Montana;''.

Done in Washington, DC, this 19th day of May 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-13501 Filed 5-21-97; 8:45 am]

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