Ports Designated for Exportation of Horses; New Jersey and New York

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 98-078-1]

Ports Designated for Exportation of Horses; New Jersey and New

York

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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

Exportation'' regulations by changing the lists of approved ports of

embarkation and export inspection facilities for horses in New Jersey

and New York. In New Jersey, we are removing Deep Hollow Farm in

Woodstown, NJ, as the export inspection facility for horses exported

from the ocean port of Salem, NJ, and adding Mannington Meadows Farm in

Woodstown, NJ, in its place. We are adding Elizabeth and Newark

International Airport, NJ, as ports of embarkation, and Tolleshunt

Horse Farm in Whitehouse, NJ, and the U.S. Equestrian Team's

headquarters in Gladstone, NJ, as export inspection facilities for

horses for those ports. We are also adding Tolleshunt Horse Farm and

the U.S. Equestrian Team's headquarters as export inspection facilities

for horses for the currently approved port of New York, NY. These

actions will update the regulations by adding two ports of embarkation

and three export inspection facilities through which horses may be

processed for export.

DATES: This rule will be effective on August 3, 1999 unless we receive

written adverse comments or written notice of intent to submit adverse

comments on or before July 6, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

078-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

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

your comment refers to Docket No. 98-078-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff

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

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

734-8354; or e-mail: [email protected].

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, unless the exporter could show that

the animals would suffer undue hardship.

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 inspecting, holding, feeding, and watering 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 and approval of arrangements, testing and treatment, location,

disposal of animal wastes, lighting, office and restroom facilities,

and walkways.

Deep Hollow Farm, an export inspection facility for horses listed

in Sec. 91.14(a) for the ocean port of Salem, NJ, is no longer being

used as an export inspection facility. However, we believe that

Mannington Meadows Farm, 60 Oechsle Road, Woodstown, NJ 08098, (609)

769-2009, meets the requirements of Sec. 91.14(c) as an export

inspection facility for horses. Mannington Meadows Farm is located 6

miles from the ocean port of Salem, NJ. Exporters using Mannington

Meadows Farm will be able to transport their horses to the ocean port

of Salem, NJ, in approximately 15 minutes. This rule will amend

Sec. 91.14(a) in accordance with the procedures explained below under

``Dates.'' The amendments will remove Deep Hollow Farm as an export

inspection facility for horses for the port of Salem, NJ, and add

Mannington Meadows Farm in its place.

The amendments will also add two new ports, Elizabeth and Newark

International Airport, NJ, to the list of designated ports of

embarkation in Sec. 91.14(a). Elizabeth, NJ, will be added as an ocean

port. Newark International Airport, NJ, will be added as an airport. We

believe that Tolleshunt Horse Farm, 10 Island Road, Box 469,

Whitehouse, NJ 08888-0469, (908) 534-7738, and the U.S. Equestrian

Team's headquarters, Pottersville Road, Gladstone, NJ 07934, (908) 234-

1251, meet the requirements of Sec. 91.14(c) as export inspection

facilities for horses. Exporters using the Tolleshunt Horse Farm and

the U.S. Equestrian Team's headquarters will be able to transport their

horses to a port of embarkation in approximately 1 hour. Therefore, we

will add Tolleshunt Horse Farm and the U.S. Equestrian Team's

[[Page 29948]]

headquarters as export inspection facilities for horses for the ports

of Elizabeth and Newark International Airport, NJ.

We will also add Tolleshunt Horse Farm and the U.S. Equestrian

Team's headquarters as export inspection facilities for horses for the

port of New York, NY, which is already listed in Sec. 91.14(a) as a

designated airport and ocean port of embarkation. Tolleshunt Horse Farm

is located 1\1/2\ hours from the airport of New York, NY, and the U.S.

Equestrian Team's headquarters is located 1\1/2\ to 2 hours from the

airport of New York, NY. Tolleshunt Horse Farm and the U.S. Equestrian

Team's headquarters may also be used as export inspection facilities

for horses for the ocean port of New York, NY, but we do not expect

this to happen frequently because travel by airplane is much faster

than by ship. Importers of horses usually like the travel to take less

than a day, which can be done by air.

When this rule becomes effective, veterinarians of the Animal and

Plant Health Inspection Service will conduct export inspections of

horses at the newly approved export inspection facilities by

appointment.

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.

In this rule, we are removing Deep Hollow Farm as an export

inspection facility for horses for the ocean port of Salem, NJ, because

it is no longer being used as an animal export inspection facility. In

its place, we are adding Mannington Meadows Farm in Woodstown, NJ.

Mannington Meadows Farm is located in southwest New Jersey and is

within 6 miles of the ocean port of Salem, NJ, from which many horses

are exported to Bermuda. We anticipate that Mannington Meadows Farm

will be used as an export inspection facility for approximately 112

horses annually. We do not expect that removing Deep Hollow Farm and

adding Mannington Meadows Farm in its place will have any effect on the

number of horses that are exported annually through the port of Salem,

NJ.

We are also designating Elizabeth and Newark International Airport,

NJ, as ports of embarkation and are adding two export inspection

facilities for horses for these ports: Tolleshunt Horse Farm in

Whitehouse, NJ, and the U.S. Equestrian Team's headquarters in

Gladstone, NJ. We are also adding these same export inspection

facilities for horses for the already listed port of New York, NY. We

project that approximately 36 horses will be exported annually through

the port of Elizabeth, and approximately 120 horses will be exported

annually through the port of Newark. Adding the U.S. Equestrian Team's

headquarters as an export inspection facility will allow the Team to

use its own facilities for horse inspections. We estimate that 120

horses will be inspected each year at the U.S. Equestrian Team's

headquarters. The addition of Tolleshunt Horse Farm as an export

inspection facility will make it logistically easier for other

exporters in New Jersey to export their horses from the United States

because they will be able to transport their horses from Tolleshunt

Horse Farm to a port of embarkation in approximately 1 hour. We

estimate that 12 horses will be inspected for export each year at

Tolleshunt Horse Farm.

Until now the only designated port of embarkation in New Jersey has

been the ocean port of Salem in southwest New Jersey. Once this rule

becomes effective, individuals exporting horses from New Jersey will

have a choice of using either the northeast (Elizabeth and Newark) or

the southwest (Salem) ports and either an airport or an ocean port.

Exporters will also have two additional export inspection facilities

for horses for the port of New York, NY, in addition to the already

approved facility at J. F. Kennedy International Airport.

In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.), APHIS is required to consider the effects of the rule on small

entities. APHIS expects a positive economic impact on small businesses,

due to the increase in transportation alternatives and the decrease in

transportation costs.

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, we are amending 9 CFR part 91 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 and 466b; 49

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

[[Page 29949]]

2. In Sec. 91.14, paragraphs (a)(11) and (a)(12) are revised to

read as follows:

Sec. 91.14 Ports of embarkation and export inspection facilities.

(a) * * *

(11) New Jersey.

(i) Elizabeth--ocean port.

(A) Tolleshunt Horse Farm (horses only), 10 Island Road, Box 469,

Whitehouse, NJ 08888-0469, (908) 534-7738.

(B) The U.S. Equestrian Team's headquarters (horses only),

Pottersville Road, Gladstone, NJ 07934, (908) 234-1251.

(ii) Newark International Airport.

(A) Tolleshunt Horse Farm (horses only), 10 Island Road, Box 469,

Whitehouse, NJ 08888-0469, (908) 534-7738.

(B) The U.S. Equestrian Team's headquarters (horses only),

Pottersville Road, Gladstone, NJ 07934, (908) 234-1251.

(iii) Salem--ocean port.

(A) Mannington Meadows Farm (horses only), 60 Oechsle Road,

Woodstown, NJ 08098, (609) 769-2009.

(12) New York.

(i) New York--airport and ocean port.

(A) Tolleshunt Horse Farm (horses only), 10 Island Road, Box 469,

Whitehouse, NJ 08888-0469, (908) 534-7738.

(B) The U.S. Equestrian Team's headquarters (horses only),

Pottersville Road, Gladstone, NJ 07934, (908) 234-1251.

(C) Vetport, Inc., Bldg. 189, J.F. Kennedy International Airport

(Cargo Area), Jamaica, NY 11430, (212) 656-6042.

* * * * *

Done in Washington, DC, this 28th day of May 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-14186 Filed 6-3-99; 8:45 am]

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