[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Proposed Rules]
[Pages 34677-34679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16866]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 92 and 98
[Docket No. 97-014-1]
Canadian Border Ports; Champlain, NY, and Derby Line, VT
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend 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 want to improve the
efficiency of our animal inspection operations along the U.S.-Canada
border, and we do not believe that the current level of use of the
animal importation facilities at these two ports justifies the cost of
keeping them open. Importers may continue to use other ports along the
U.S-Canada border, including Highgate Springs, VT, and Buffalo and
Alexandria Bay, NY, to import animals and animal germ plasm from
Canada. We believe that new livestock inspection facilities and
extended hours of operation at the port at Highgate Springs, VT, will
enable us to handle any additional needs for inspection services caused
by closing the ports at Champlain, NY, and Derby Line, VT, which are
currently open on a part-time basis only.
DATES: Consideration will be given only to comments received on or
before August 26, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-014-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 97-014-1. Comments
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 are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
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
The regulations in 9 CFR parts 92 and 98 (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. The regulations designate land border
ports along the U.S.-Canada border having inspection facilities for the
importation of certain animals and animal germ plasm that require
inspection. Section 92.203(b) lists the border ports through which
poultry from Canada may be imported; Sec. 92.303(b) lists the border
ports through which horses from Canada may be imported; Sec. 92.403(b)
lists the border ports through which ruminants from Canada may be
imported;Sec. 92.418(c)(2) lists the border ports through which cattle
from Canada may be imported; and Sec. 92.503(b) lists the border ports
through which swine from Canada may be imported. Section 98.33(b) lists
the border ports through which certain animal semen from Canada may be
imported, and Sec. 98.6 provides that
[[Page 34678]]
embryos regulated under subpart A of part 98 may be imported at ports
of entry listed in Sec. 92.303 for horses, Sec. 92.403 for ruminants,
and Sec. 92.503 for swine.
The ports of Champlain, NY, and Derby Line and Highgate Springs,
VT, are currently listed in all of the sections of parts 92 and 98
listed above and, therefore, are authorized ports of entry for the
importation of poultry, horses, swine, cattle, other ruminants, and
certain animal germ plasm from Canada. The animal importation
facilities at these ports are open on a part-time basis only: The
facilities at Champlain are open 1 day a week for 8 hours, the
facilities at Derby Line are open 1 day a week for 4 hours, and the
facilities at Highgate Springs are open 4 days a week for a total of 32
hours. Along the U.S.-Canada border, Highgate Springs is located
between Champlain and Derby Line; Champlain is approximately 18 miles
west of Highgate Springs, and Derby Line is approximately 48 miles east
of Highgate Springs.
The amount of animals and animal germ plasm imported annually
through Derby Line, VT, is extremely low compared to the amount
imported annually through other U.S.-Canada border ports. The amount of
animals and animal germ plasm imported annually through Highgate
Springs, VT, and Champlain, NY, are roughly similar to each other and,
although higher than the amount imported annually through Derby Line,
still relatively low when compared to other ports. To illustrate, in
fiscal years (FY) 1995 and 1996 and the first 4 months of FY 1997, the
three ports processed a total of 245,588 poultry (chicks and hatching
eggs)--a far higher number of importations than any other species.
Bovine importations (cattle and bison) were next highest with 19,236
bovines imported through the three ports during the same 28-month
period. By comparison, the port at Alexandria Bay, NY, processed
457,607 imported poultry and 122,607 imported bovines during that
timeframe. Therefore, the total number of poultry imported through
Derby Line, Highgate Springs, and Champlain combined was about 54
percent the number imported through Alexandria Bay. The total number of
bovines imported through these three ports was less than 16 percent the
number imported through Alexandria Bay.
We do not believe that the level of use of these three ports
justifies the cost of keeping all of them open. The Animal and Plant
Health Inspection Service (APHIS) funds import activities through user
fees. In recent years, the user fees generated through these three
ports have not covered their operating expenses. Moreover, we do not
believe that the relatively low level of use of these ports can be
attributed solely to the fact that they are open on a part-time basis
only. Over the years, we have found that the scheduled hours of
operation at these ports have met the needs of the local industry who
use them. In other words, we do not believe that increasing the hours
of operation at these ports would greatly increase their use by
importers.
As a result, we are considering closing the animal importation
facilities at Derby Line, VT, and Champlain, NY, and extending the
hours of operation at Highgate Springs, VT, so that the animal
importation facilities there are open full time during normal business
hours Monday through Friday. We anticipate that the port at Highgate
Springs operating on a full-time basis would be able to handle all
animal importations that would otherwise have gone through Derby Line
and Champlain. Therefore, we are proposing to amend 9 CFR parts 92 and
98 to remove Champlain, NY, and Derby Line, VT, from the lists of land
border ports for the importation of animals and animal germ plasm from
Canada.
The Federal Government and U.S. taxpayers would benefit from the
positive budgetary effect of closing these ports. The physical plants
in Champlain and Derby Line are old and becoming expensive to maintain.
A new livestock inspection facility at Highgate Springs is expected to
open in August 1997. Veterinary medical officers travel from other
official duty stations to these three ports to conduct inspections of
imported animals on the days the animal importation facilities are
open. Total travel time for the veterinary medical officers is 7\1/2\
hours per week. We plan to establish a full-time position for a
veterinary medical officer at Highgate Springs when the new livestock
inspection facility opens, so the travel time and expenses for our
employees will be eliminated. In addition to Highgate Springs, VT, the
land border ports of Alexandria Bay and Buffalo, NY, and two land
border ports in Maine would continue to serve livestock importers in
the Northeastern United States.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. However, we do not
currently have all of the data necessary for a comprehensive analysis
of the effects of this proposed rule on small entities. Therefore, we
are inviting comments on potential effects. In particular, we are
interested in determining the number and kind of small entities that
may incur benefits or costs from the implementation of this proposed
rule.
The Secretary of Agriculture has the authority under 21 U.S.C. 102-
105, 111, 134a, 134c, 136a, and 31 U.S.C. 9701 to regulate the
importation of animals and animal germ plasm to prevent the
introduction of foreign animal diseases and to collect user fees to
cover the costs of conducting associated inspection services.
The proposed rule would close the land border ports of Derby Line,
VT, and Champlain, NY, for the importation of animals and animal germ
plasm from Canada. APHIS uses these facilities primarily for conducting
inspections of animals and animal germ plasm imported from Canada,
although minimal export services are also performed at these
facilities. These ports are being considered for closure because the
cost of keeping them open does not appear justified by the minimal
level of import activity they support. If the two facilities are
closed, U.S. importers would still have access to import inspection
services at other entry points from Canada, including Highgate Springs,
VT, Buffalo and Alexandria Bay, NY, and Houlton and Jackman, ME.
Highgate Springs is 18 miles from Champlain and 48 miles from Derby
Line along the U.S.-Canada border.
The proposed rule is intended to improve APHIS' operating
efficiency. APHIS currently maintains part-time inspection facilities
at Champlain, Derby Line, and Highgate Springs. These facilities are
within close proximity of one another, and none is self-supporting; at
each facility, user fees generated from import and export services are
inadequate to cover the costs of providing those services. The total
user fee deficit (including both import and export user fees) in New
England for FY 1996 was $85,296. Of that amount, $73,795 was attributed
to Vermont. The fact that the facilities are open on a part-time basis
only is not considered to be a factor in the level of import activity.
In other words, increasing the facilities' hours would not increase
their use by importers. Nor are future user fee increases likely to
eliminate the deficit.
APHIS is currently considering closing the Champlain and Derby Line
[[Page 34679]]
facilities and opening the Highgate Springs facility on a full-time
basis. It is estimated that by closing both the Champlain and Derby
Line facilities, APHIS will be able to cut its operating costs by
approximately $24,000 annually. In 1996, a total of $1.4 million was
collected in user fees for entry of live animals at ports (excluding
Mexican border ports, which have different fees.) Presumably, the lost
user fee revenue at Champlain and Derby Line would be made up at the
other nearby ports, especially Highgate Springs.
APHIS considered several alternatives to the proposed rule to help
reduce the user fee deficit and increase operating efficiency at these
ports, including increasing import user fees and staffing the ports
with lesser paid employees than veterinary medical officers. These
alternatives were rejected because of the potential for adverse
economic impacts on small entities and increased risk to the health of
the U.S. animal population. In addition, APHIS originally considered
closing only the port at Derby Line, VT, but that alternative was
rejected because the cost savings achieved would not be significant
enough to increase operating efficiency greatly at the ports.
In proposing to keep one of the three facilities open, APHIS is
attempting to strike a balance between the agency's needs for cost
savings and the industry's needs for continued nearby inspection
services. The proposal to keep the Highgate Springs facility open and
not one of the others is due to cost considerations. The cost of
maintaining the physical plant at Highgate Springs is lower than the
costs associated with maintaining the facilities at Champlain or Derby
Line, where the physical plants are aging. Moreover, because Highgate
Springs is located between Champlain and Derby Line, it is the logical
choice to keep open in trying to inconvenience the fewest number of
importers in the area.
The proposed rule should have little or no impact on U.S. consumers
because animals and animal germ plasm that currently enter the United
States at Champlain and Derby Line would still be available through
alternative ports of entry. The proposed rule would not restrict or
otherwise limit those imports.
The Champlain and Derby Line facilities are used mostly by
livestock dealers. It is estimated that about 25 dealers use the Derby
Line facility on a regular basis. The number of livestock dealers using
Champlain is not available, but combined data for Champlain and
Highgate Springs is available and show that about 50 dealers regularly
use Champlain or Highgate Springs. The number of these livestock
dealers who are considered small entities under the U.S. Small Business
Administration's (SBA) standards is unknown because information as to
the size of the dealers' businesses (in terms of the number of
employees) is not available. However, it is reasonable to assume that
most are small, based on aggregate data for providers of the same or
similar services in the United States. In 1992, 99 percent of all 1,992
firms in SIC 5154 (which includes livestock dealers) had fewer than 100
employees, the SBA's current small-entity size standard.
In terms of driving distance, Champlain and Derby Line are
approximately 31 miles and 55 miles, respectively, from Highgate
Springs. Therefore, as a result of the proposed rule, dealers who use
Champlain and Derby Line would have to travel at most an additional 62
miles and 110 miles per round-trip, respectively. And, assuming
Champlain and Derby Line users make one round-trip per week, they would
incur additional transportation costs of, at most, $967 and $1,716
annually, assuming a per-mile cost of $0.30. These costs are relatively
insignificant, given that the per-firm average receipts for all firms
in SIC 5154 in 1992 was $13.8 million. The additional transportation
costs ($967 and $1,716) represent less than 1 percent of the per-firm
average receipts.
As mentioned previously, comments on the economic impact of the
proposed rule on small entities are invited. There are no reporting or
recordkeeping requirements associated with this proposed rule.
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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
9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 98
Animal diseases and Imports.
Accordingly, 9 CFR parts 92 and 98 would be 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 would continue 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).
Secs. 92.203, 92.303, 92.403, 92.418, and 92.503 [Amended]
2. Sections 92.203(b), 92.303(b), 92.403(b), 92.418(c)(2), and
92.503(b) would be amended by removing the words ``,Buffalo, and
Champlain,'' and adding ``and Buffalo,'' in their place; and removing
the words ``Derby Line and''.
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
3. The authority citation for part 98 would continue to read as
follows:
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).
Sec. 98.33 [Amended]
4. In Sec. 98.33, paragraph (b) would be amended by removing the
words ``, Buffalo, and Champlain,'' and adding ``and Buffalo,'' in
their place; and removing the words ``Derby Line and''.
Done in Washington, DC, this 23rd day of June 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-16866 Filed 6-26-97; 8:45 am]
BILLING CODE 3410-34-P