[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 656-657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-200]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 322

[Docket No. 93-163-1]

 

Honeybees and Honeybee Semen

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending a footnote in the honeybee and honeybee semen 
regulations that quotes the Honeybee Act, in order to conform the 
footnote to the Honeybee Act, as amended by the North American Free 
Trade Agreement Implementation Act.

EFFECTIVE DATE: January 1, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Matthew H. Royer, Chief Operations 
Officer, Biological Assessment and Taxonomic Support, Operational 
Support, Plant Protection and Quarantine, APHIS, USDA, room 626, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-
8896.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 322 (referred to below as the 
regulations) govern the importation into the United States of honeybees 
and honeybee semen. These regulations were established pursuant to the 
Honeybee Act (7 U.S.C. 281 et seq.) The Honeybee Act was designed to 
prevent the movement into the Sec. United States of diseases and 
parasites harmful to honeybees. In addition, the Honeybee Act was 
designed to prevent the movement into the United States of undesirable 
species or subspecies of honeybees.
    Section 322.1 of the regulations contains a footnote that includes 
the criteria set forth in the Honeybee Act for determining which 
countries may be listed in the regulations as countries from which 
honeybees or honeybee semen may be imported into the United States. In 
this rule, we are amending that footnote to reflect amendments to the 
Honeybee Act made by section 361(d)(2) of the North American Free Trade 
Agreement Implementation Act.
    On December 8, 1993, President Clinton signed the North American 
Free Trade Agreement (NAFTA), to become effective January 1, 1994. To 
implement this agreement, Congress passed the North American Free Trade 
Agreement Implementation Act (the Act) (Pub. L. 103-182). The statutory 
amendments included in the Act become effective coincident with NAFTA.
    Section 361(d)(2) of the Act amended subsections (a) and (b) of the 
Honeybee Act by providing the following: (1) That honeybees may be 
imported from Canada or Mexico, subject to such terms as the Secretary 
of Agriculture determines appropriate, if the Secretary determines that 
the region of Canada or Mexico from which the honeybees originated is, 
and is likely to remain, free of diseases or parasites harmful to 
honeybees, and undesirable species or subspecies of honeybees; and (2) 
that honeybee semen may be imported from Canada or Mexico, if the 
Secretary of Agriculture determines that the region of Canada or Mexico 
from which the imports originate is, and is likely to remain, free of 
undesirable species or subspecies of honeybees. (See Pub. L. 103-182; 
107 Stat. 2057).
    This rule is being published to conform a footnote in the 
regulations with the Act, as amended.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that good cause exists to publish this final rule 
without prior notice and opportunity for public comment.
    Since prior notice and other public procedures with respect to this 
final rule are impracticable, unnecessary, and contrary to the public 
interest, and since this regulatory change is mandated by Congress, 
there is good cause under 5 U.S.C. 553 for making this final rule 
effective as of January 1, 1994.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866.
    This rule amends a footnote in the regulations that quotes the Act, 
in order to conform the footnote to the Act, as amended by the North 
American Free Trade Agreement Implementation Act.
    The amendments to the regulations will have no practical impact on 
importations of honeybees and honeybee semen from Canada or Mexico 
since it merely quotes the Act. Furthermore, such importations are 
already allowed from any part of Canada. Currently, the only regular 
movement of honeybees from Canada to the United States is a relatively 
insignificant movement from the Maritime Provinces of Canada to 
northern New England. We anticipate that the amendments will have 
little practical impact with regard to importations from Mexico. 
Sufficient numbers of honeybees are already available in the United 
States to make it unnecessary to import honeybees or honeybee semen 
from Mexico.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 322

    Bees, Honey, Imports, Quarantine, Transportation.

    Accordingly 7 CFR part 322 is amended as follows:

PART 322--HONEYBEES AND HONEYBEE SEMEN

    1. The authority citation for part 322 is revised to read as 
follows:

    Authority: 7 U.S.C. 281; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 322.1, footnote 1 is revised to read as follows:


Sec. 322.1  Importation of honeybees and honeybee semen.\1\
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    \1\The criteria for determining which countries may be listed in 
this part as countries from which honeybees or honeybee semen may be 
imported into the United States are set forth in 7 U.S.C. 282. In 
this regard, 7 U.S.C. provides in relevant part, that:
    (a) In order to prevent the introduction and spread of diseases 
and parasites harmful to honeybees, and the introduction of 
genetically undesirable germ plasm of honeybees, the importation 
into the United States of all honeybees is prohibited, except that 
honeybees may be imported into the United States--
    (1) By the United States Department of Agriculture for 
experimental or scientific purposes;
    (2) From countries determined by the Secretary of Agriculture--
    (A) To be free of diseases or parasites harmful to honeybees, 
and undesirable species or subspecies of honeybees; and
    (B) To have in operation precautions adequate to prevent the 
importation of honeybees from other countries where harmful diseases 
or parasites, or undesirable species or subspecies, of honeybees 
exist; or
    (3) From Canada or Mexico, subject to such terms and conditions 
as the Secretary of Agriculture determines appropriate, if the 
Secretary determines that the region of Canada or Mexico from which 
the honeybees originated is, and is likely to remain, free of 
diseases or parasites harmful to honeybees, and undesirable species 
or subspecies of honeybees.
    (b) Honeybee semen may be imported into the United States only 
from:
    (1) Countries determines by the Secretary of Agriculture to be 
free of undesirable species or subspecies of honeybees, and which 
have in operation precautions adequate to prevent the importation of 
such undesirable honeybees and their semen; or
    (2) Canada or Mexico, if the Secretary of Agriculture determines 
that the region of Canada or Mexico from which the imports originate 
is, and is likely to remain, free of undesirable species or 
subspecies of honeybees.
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* * * * *
    Done in Washington, DC, this 30th day of December, 1993.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-200 Filed 1-5-94; 8:45 am]
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