[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20182]


[[Page Unknown]]

[Federal Register: August 18, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 151

[Docket No. 94-057-1]

 

Recognized Breeds and Books of Record

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the ``Recognition of Breeds and Books of 
Record of Purebred Animals'' regulations by adding the following to the 
list of ``recognized breeds and books of record'': the Belgian Blue and 
Gelbvieh breeds of cattle, the Trakehner and Morab breeds of horses, 
the Herd Book of the Gelbvieh, the Trakehner Stud Book, and the Morab 
Stud Book. It has been determined that these breeds of cattle and 
horses and books of record qualify for such listing. This action will 
allow duty-free entry into the United States of horses and cattle which 
are registered in the books. We are also updating the address to which 
books of record are sent.

DATES: This rule will be effective on October 17, 1994, unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before September 19, 1994. 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.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Chief, 
Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your submission refers to Docket No. 94-057-1. Submissions 
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 and notices are requested to call ahead on (202) 690-
2817 to facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Andrea Morgan, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import 
and Export, Veterinary Services, APHIS, USDA, room 763, Federal 
Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.

SUPPLEMENTARY INFORMATION:

Background

    Item 100.01 in Part 1, Schedule 1, of 19 U.S.C. 1202 (the Tariff 
Act of 1930, as amended) provides, in part, that animals (except for 
certain foxes) certified to the collector of customs by the Department 
of Agriculture as being pure bred of a recognized breed and duly 
registered in a book of record recognized by the Secretary of 
Agriculture for that breed, may be entered by a citizen or agency of 
the United States into the United States free of duty if imported for 
breeding purposes. Implementing regulations, captioned ``Recognition of 
Breeds and Books of Record of Purebred Animals'' (referred to below as 
the regulations), are set forth in 9 CFR part 151.
    In accordance with Sec. 151.2 of the regulations, the Administrator 
of the Animal and Plant Health Inspection Service (APHIS) issues 
certificates of pure breeding for certain animals. To be eligible for a 
certificate, Sec. 151.8 of the regulations stipulates that an animal 
must be ``purebred of a recognized breed and have been registered in 
good faith in a book of record listed in Sec. 151.9 [of the 
regulations] and must not have been registered on inspection without 
regard to purity of breeding.'' The regulations contain lists of 
``recognized breeds and books of record'' for cattle, horses, asses, 
sheep, goats, swine, dogs, and cats.
    A ``book of record'' is defined in Sec. 151.1 of the regulations 
as: ``A printed book or an approved microfilm record sponsored by a 
registry association and containing breeding data relative to a large 
number of registered purebred animals used as a basis for the issuance 
of pedigree certificates.''
    Section 151.9, paragraph (a), of the regulations lists breeds and 
books of record in countries other than Canada. Section 151.9, 
paragraph (b), of the regulations lists breeds and books of record in 
Canada.
    In accordance with the procedures described below under Effective 
Date, this direct final rule will amend Sec. 151.9 of the regulations 
as follows: It will amend the list of ``recognized breeds and books of 
record'' in Sec. 151.9(a) of the regulations by adding the Gelbvieh 
breed of cattle, and the Trakehner and Morab breeds of horses as 
recognized breeds. This document also will amend Sec. 151.9(a) by 
adding, as books of record, the Herd Book of the Gelbvieh issued by the 
American Gelbvieh Association, the Trakehner Stud Book issued by the 
American Trakehner Association, and the Morab Stud Book issued by the 
North American Morab Horse Association, Inc. In addition, this document 
will amend Sec. 151.9(b) of the regulations by adding the Belgian Blue 
and Gelbvieh breeds of cattle as recognized breeds. The books of record 
of the Canadian Live Stock Records, Ottawa, Canada, are already listed 
in Sec. 151.9(b) as being recognized books of record for certain breeds 
in Canada and they will be the books of record for the Belgian Blue and 
Gelbvieh breeds as well.
    In accordance with Sec. 151.10 of the regulations, before a breed 
or book of record shall be added to the regulations, the custodian of 
the book of record must submit to APHIS ``a complete copy of the book 
of record, consisting of any published printed volumes and any 
microfilm records issued by the registry association up to date of 
application, together with a copy of all rules and forms in force on 
said date affecting the registration of animals in said book.''
    The custodians of the book of record for the Gelbvieh breed of 
cattle, and the Trakehner and Morab breeds of horses each submitted to 
APHIS a complete copy of the book of record with a copy of all rules 
and forms affecting the registration of the animals in the book of 
record. Upon review, the agency has determined that both the breeds and 
books of record meet the requirements of the regulations for addition 
to the list of ``recognized breeds and books of record.''
    This direct final rule also will update the address to which books 
of records are sent. The address, listed in Sec. 151.9, will be changed 
from the United States Government Despatch Agency, 26 Federal Plaza, 
New York, New York 10007, U.S.A., to the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, room 764, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.

Effective Date

    We are publishing this rule without prior proposal because we view 
this action as noncontroversial and anticipate no adverse public 
comments. 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.
    Certain cattle and horse owners, breeders, exporters, importers, 
and breed associations may experience a positive economic impact when 
Gelbvieh and Belgian Blue cattle, and Trakehner and Morab horses, 
receive official USDA recognition. Such recognition enhances the 
marketability of these animals. However, based on past experience, we 
do not anticipate any economic benefit to be significant. Further, 
these entities comprise less than one percent of the total number of 
cattle and horses imported into the United States annually.
    Under these circumstances the Administrator of the Animal and Plant 
Health Inspection Service has determined that this rule 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 new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 151

    Animals, Imports, Reporting and recordkeeping requirements.

PART 151--RECOGNITION OF BREEDS AND BOOKS OF RECORD OF PUREBRED 
ANIMALS

    Accordingly, 9 CFR part 151 is amended as follows:
    1. The authority citation for part 151 continues to read as 
follows:

    Authority: 19 U.S.C. 1202; 7 CFR 2.17, 2.51, and 371.2(d).

    2. In Sec. 151.9, the introductory text is amended by revising the 
last sentence, and the table in paragraphs (a) and (b) is amended by 
adding the following information, in alphabetical order by breed:


Sec. 151.9  Recognized breeds and books of record.

    * * * All books of record sent to the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, shall be 
submitted through the Animal and Plant Health Inspection Service, USDA, 
room 764, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.
    (a) * * * 

                                 Cattle                                 
------------------------------------------------------------------------
 Code      Name of breed         Book of record       By whom published 
------------------------------------------------------------------------
                                                                        
                                * * ** *                                
1113..  Gelbvieh............  Herd Book of the      American Gelbvieh   
                               Gelbvieh.             Association, 10900 
                                                     Dover Street,      
                                                     Westminster, CO    
                                                     80021.             
                                                                        
                                * * * **                                
------------------------------------------------------------------------


                                 Horses                                 
------------------------------------------------------------------------
 Code      Name of breed         Book of record       By whom published 
------------------------------------------------------------------------
                                                                        
                                * * * **                                
2112..  Morab...............  Morab Stud Book.....  North American Morab
                                                     Horse Association, 
                                                     Inc., W 3174 Fero  
                                                     Springs Road,      
                                                     Hilbert, WI 54129. 
                                                                        
                                * * * **                                
2113..  Trakehner...........  Trakehner Stud Book.  American Trakehner  
                                                     Association, 2305  
                                                     November Lane,     
                                                     Reston, VA 22091.  
------------------------------------------------------------------------

* * * * *
    (b) * * *

                                 Cattle                                 
------------------------------------------------------------------------
 Code          Name of breed          Code          Name of breed       
------------------------------------------------------------------------
                                                                        
                                * * * **                                
1110..  Belgian Blue                                                    
                                                                        
                                * * * **                                
1114..  Gelbvieh                                                        
                                                                        
                                * * * **                                
------------------------------------------------------------------------

    Done at Washington, DC, this 10th day of August 1994.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20182 Filed 8-17-94; 8:45 am]
BILLING CODE 3410-34-P