Exportation and importation of animals and animal products: Ports of entry— Champlain, NY and Derby Line, VT; closure; withdrawn,

[Federal Register: August 18, 1998 (Volume 63, Number 159)]

[Proposed Rules]

[Page 44175-44176]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18au98-24]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93 and 98

[Docket No. 97-014-2]

Canadian Border Ports; Champlain, NY, and Derby Line, VT

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

SUMMARY: We are withdrawing a proposed rule that would have amended the animal and animal product importation regulations by removing Champlain, NY, and Derby Line, VT, as land border ports of entry for animals and animal germ plasm imported from Canada into the United States. We had proposed this action in an effort to increase efficiency in our animal and animal germ plasm inspection program along the U.S.- Canada border. We are withdrawing the proposed rule because of ongoing communications with the Canadian Food Inspection Agency regarding possible sharing of animal inspection resources along the U.S.-Canada border.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff Veterinarian, Import/Export Animals, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-3276.

SUPPLEMENTARY INFORMATION:

Background

On June 27, 1997, we published in the Federal Register (62 FR 34677-34679, Docket No. 97-014-1) a proposed rule to amend the regulations at 9 CFR parts 93 ‹SUP›1‹/SUP› and 98, which govern the importation of animals and animal products, to remove Champlain, NY, and Derby Line, VT, from the lists of border ports along the U.S.- Canada border having inspection facilities for the importation of animals and animal germ plasm. The ports of Champlain, NY, and Derby Line, VT, are listed in parts 93 and 98as ports of entry for the importation of many animals, including poultry, horses, swine, cattle, and other ruminants, and certain animal germ plasm. The animal importation facilities at these two ports are open on a part-time basis only. Following a review of the amount of animal and animal germ plasm inspections performed annually at all of the Canadian border ports in the Northeast, we were considering closing the animal importation facilities at Champlain and Derby Line to increase efficiency in our inspection program.

\1\ The proposed rule actually discussed amending parts 92 and 98instead of parts 93 and 98. The provisions of part 92, ``Importation of Certain Animals, Birds, and Poultry, and Certain Animal, Bird, and Poultry Products; Requirements for Means of Conveyance and Shipping Containers,'' were moved to part 93 in a final rule published October 28, 1997 (62 FR 56000-56026, Docket No. 94-106-9), and effective November 28, 1997.

We solicited comments on the proposed rule for 60 days ending

[[Page 44176]]

August 26, 1997. We received six comments by that date. The comments were from a Canadian livestock producer, an organization representing the U.S. equine industry, a State Government official, a Canadian Government official, a U.S. senator, and a commenter who did not identify a particular affiliation. Five of the comments opposed closing the animal importation facilities at Derby Line, and two opposed closing the facilities at Champlain. The most common concern expressed in the comments was that, by closing either or both of these ports for animal inspection purposes, exporters and importers would have to transport their animals greater distances than is currently required, and additional travel time translates into higher transportation costs.

Since publication of the proposed rule of June 27, 1997, referenced above, our agency has become engaged in discussions with officials of the Animal Health Division of the Canadian Food Inspection Agency regarding the possibility of sharing animal inspection resources along the U.S.-Canada border. Because these discussions are ongoing, we believe that it would be premature to make the proposed changes to our animal and animal germ plasm inspection program along the U.S.-Canada border at this time. Accordingly, we have decided to withdraw the proposed rule. If, following the conclusion of our communications with Canadian animal health officials, we believe that it would be prudent to close the animal inspection facilities at any of the ports along the U.S.-Canada border, we will propose such changes in the Federal Register for public comment.

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105, 111, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 10th day of August, 1998. Joan M. Arnoldi, Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-22181Filed8-17-98; 8:45 am]

BILLING CODE 3410-34-P