[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Proposed Rules]
[Page 17984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-37]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 17984]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 330
[Docket No. 02-011-3]
Redelivery of Cargo for Inspection
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule; withdrawal.
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SUMMARY: We are withdrawing a proposed rule that would have allowed
inspectors from the Animal and Plant Health Inspection Service (APHIS)
to require that cargo be returned to the port of first arrival or, if
convenient, another location as specified by APHIS for inspection when
necessary. The proposed rule was intended to simplify the inspection
process by allowing APHIS inspectors to deal directly with owners,
shippers, brokers, and their agents rather than having to request that
the U.S. Customs Service act on APHIS' behalf and order the cargo
returned to the port for inspection. We are taking this action after
consulting with the Department of Homeland Security and determining
that the incorporation of both Customs and APHIS port inspectors into
that department has made the proposed change in the regulations
unnecessary.
FOR FURTHER INFORMATION CONTACT: Ms. Jane E. Levy, Senior Staff
Officer, Quarantine Policy Analysis and Support, PPQ, APHIS, 4700 River
Road Unit 60, Riverdale, MD 20737-1236; (301) 734-8259.
SUPPLEMENTARY INFORMATION:
Background
On June 20, 2002, we published in the Federal Register (67 FR
41868-41869, Docket No. 02-011-1) a proposal to amend the regulations
pertaining to the inspection of cargo entering the United States to
provide that inspectors from the Animal and Plant Health Inspection
Service (APHIS) could require that cargo be returned to the port of
first arrival or, if convenient, another location as specified by APHIS
for inspection when necessary. The proposed rule was intended to
simplify the inspection process by allowing APHIS inspectors to deal
directly with owners, shippers, brokers, and their agents, rather than
having to request that the U.S. Customs Service act on APHIS' behalf
and order the cargo returned to the port for inspection.
We solicited comments for 60 days ending August 19, 2002. We
received three comments by that date. On August 27, 2002, we published
in the Federal Register (67 FR 54976, Docket No. 02-011-2) a notice
that we were reopening the comment period for the proposed rule until
September 16, 2002. We did not receive any additional comments by that
date.
After consultation with the Department of Homeland Security (DHS),
we have determined that proceeding with a final rule is unnecessary
since both Customs and APHIS port inspectors have been incorporated
into the Border and Transportation Security Division of DHS. Therefore,
we are withdrawing the June 20, 2002, proposed rule.
Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136
and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80,
and 371.3.
Done in Washington, DC, this 31st day of March, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-7739 Filed 4-5-04; 8:45 am]
BILLING CODE 3410-34-P