Ports Designated for the Exportation of Animals; Georgia

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 96-054-2]

Ports Designated for the Exportation of Animals; Georgia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the ``Inspection and Handling of Livestock for

Exportation'' regulations by adding Atlanta Hartsfield International

Airport, Atlanta, GA, as a port of embarkation from which animals may

be exported from the United States and by adding three Georgia

facilities, the Atlanta Equine Complex in Atlanta, Tumbleweed Farm in

Mableton, and Southern Cross Ranch in Madison, to the list of approved

export inspection facilities. These actions update the regulations by

adding a port and three inspection facilities through which animals may

be processed for export.

EFFECTIVE DATE: March 10, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. Andrea Morgan, Senior Staff

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

Export, VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231,

(301) 734-8354.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 91, ``Inspection and Handling of

Livestock for Exportation'' (referred to below as the regulations),

prescribe conditions for exporting animals from the United States. The

regulations state, among other things, that all animals, except animals

being exported by land to Canada or Mexico, must be exported through

designated ports of embarkation.

Section 91.14(a) contains a list of designated ports of embarkation

and export inspection facilities. To receive designation as a port of

embarkation, a port must have export inspection facilities available

for the inspection, holding, feeding, and watering of animals prior to

exportation to ensure that the animals meet certain requirements

specified in the regulations. To receive approval as an export

inspection facility, the regulations provide that a facility must meet

specified standards in Sec. 91.14(c) concerning materials, size,

inspection implements, cleaning and disinfection, feed and water,

access, testing and treatment, location, disposal of animal wastes,

lighting, office and restroom facilities, and walkways.

On October 7, 1996, we published in the Federal Register (61 FR

52387-52388, Docket No. 96-054-1) a proposal to amend the regulations

by adding the Atlanta Equine Complex in Atlanta, GA, Tumbleweed Farm in

Mableton, GA, and Southern Cross Ranch in Madison, GA, to the list in

Sec. 91.14(a) of designated export inspection facilities. We also

proposed to add Atlanta Hartsfield International Airport, Atlanta, GA,

to the list in Sec. 91.14(a) of designated ports of embarkation.

We solicited comments concerning our proposal for 60 days ending

December 6, 1996. We did not receive any comments. The facts presented

in the proposed rule still provide the basis for this final rule.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule without

change.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. For this

action,

[[Page 5521]]

the Office of Management and Budget has waived its review process

required by Executive Order 12866.

This rule designates Atlanta Hartsfield International Airport as a

port of embarkation and three facilities in Georgia--the Atlanta Equine

Complex in Atlanta, Tumbleweed Farm in Mableton, and Southern Cross

Ranch in Madison--as approved export inspection facilities. The Atlanta

Equine Complex and Tumbleweed Farm are located in the immediate

vicinity of the Atlanta Hartsfield International Airport. The location

of Southern Cross Ranch less than 60 miles from the airport, or

approximately an hour's driving time, offers businesses within the

Madison, GA, area a convenient alternative location at which animals

destined for export could receive inspections.

We do not expect that designating these three facilities as export

inspection facilities and Atlanta Hartsfield International Airport as a

port of embarkation will have any adverse impact on businesses. These

actions should benefit exporters of animals in the region by reducing

their animal transportation costs. Currently, the closest designated

ports of embarkation from which exporters in Georgia may ship their

animals are in Kentucky and Florida. From past export activity in the

area, we anticipate that, at least initially, a yearly average of about

50 exportations of animals, mostly horses and some goats, will take

place through Atlanta.

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 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 91

Animal diseases, Animal welfare, Exports, Livestock, Reporting and

recordkeeping requirements, Transportation.

Accordingly, 9 CFR part 91 is amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

1. The authority citation for part 91 continues to read as follows:

Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,

136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a, 466b; 49 U.S.C.

1509(d); 7 CFR 2.22, 2.80, and 371.2(d).

2. In Sec. 91.14, paragraphs (a)(3) through (a)(17) are

redesignated as paragraphs (a)(4) through (a)(18), and a new paragraph

(a)(3) is added to read as follows.

Sec. 91.14 Ports of embarkation and export inspection facilities.

(a) * * *

(3) Georgia.

(i) Atlanta Hartsfield International Airport.

(A) Atlanta Equine Complex, 1270 Woolman Place, Atlanta, GA 30354,

(404) 767-1700.

(B) Tumbleweed Farm (horses only), 1677 Buckner Road, Mableton, GA

30059, (770) 948-3556.

(C) Southern Cross Ranch (horses only), 1670 Bethany Church Road,

Madison, GA 30650, (706) 342-8027.

* * * * *

Done in Washington, DC, this 28th day of January 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-2959 Filed 2-5-97; 8:45 am]

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