[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25611]


[[Page Unknown]]

[Federal Register: October 17, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 92

[Docket No. 94-080-1]

 

Specifically Approved States Authorized to Receive Mares and 
Stallions Imported From CEM-Affected Countries

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the animal importation regulations by adding 
New Hampshire to the list of States approved to receive certain mares 
and stallions imported into the United States from countries affected 
with contagious equine metritis (CEM). We are taking this action 
because New Hampshire has entered into an agreement with the 
Administrator of the Animal and Plant Health Inspection Service to 
enforce its State laws and regulations to control CEM and to require 
inspection, treatment, and testing of horses, as required by Federal 
regulations, to further ensure the horses' freedom from CEM. This 
action relieves unnecessary restrictions on importers of mares and 
stallions from countries affected with CEM.

DATES: This rule will be effective on December 16, 1994, unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before November 16, 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. 94-080-1. 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. Joyce Bowling, Staff Veterinarian, 
Import-Export Animals Staff, National Center for Import and Export, 
Veterinary Services, APHIS, USDA, room 766, Federal Building, 6505 
Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

    The animal importation regulations (contained in 9 CFR part 92 and 
referred to below as the regulations), among other things, prohibit or 
restrict the importation of certain animals, including horses, into the 
United States to protect U.S. livestock from communicable diseases. 
Sections 92.301(c)(2), 92.304(a)(4)(ii), and 92.304(a)(7)(ii) allow 
certain horses (mares and stallions over 731 days old) to be imported 
into the United States from certain countries where contagious equine 
metritis (CEM) exists if specific requirements to prevent their 
introducing CEM into the United States are met and the mares and 
stallions are consigned to approved States for further inspection, 
treatment, and testing.
    Mares and stallions over 731 days old must be consigned to States 
that have been approved by the Administrator of the Animal and Plant 
Health Inspection Service (APHIS) as meeting conditions necessary to 
ensure that the mares and stallions are free of CEM. These conditions, 
which concern inspection, treatment, and testing of the mares and 
stallions, are contained in Sec. 92.304(a)(5) of the regulations for 
stallions and in Sec. 92.304(a)(8) for mares. New Hampshire has agreed 
to abide by the State regulations concerning mares and stallions 
imported from countries where CEM exists, and has entered into a 
written agreement with the Administrator, APHIS, to enforce its State 
laws and regulations that meet the requirements of Sec. 92.304(a)(5) 
and Sec. 92.304(a)(8) of the regulations, to control CEM.
    This direct final rule will add New Hampshire to the list of States 
approved to receive certain mares (Sec. 92.304(a)(7)(ii)) and stallions 
(Sec. 92.304(a)(4)(ii)) imported into the United States from countries 
affected with CEM.

Effective Date

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. 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 or 
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 direct final 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.
    We anticipate that fewer than 20 mares and stallions over 731 days 
old will be imported into the State of New Hampshire annually from 
countries where CEM exists. Approximately 200-300 mares and stallions 
over 731 days old from countries where CEM exists were imported into 
approved States in fiscal year 1993. During this same period, 
approximately 2,228 horses of all classes were imported into the United 
States from countries other than Canada and Mexico through air and 
ocean ports; approximately 20,585 horses were imported from Canada; 
and, approximately 9,676 horses were imported 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 in conflict 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 9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 92 is amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    1. The authority citation for part 92 continues 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 2.17, 2.51, and 371.2(d).


Sec. 92.304  [Amended]

    2. Section 92.304 is amended as follows:
    a. Paragraph (a)(4)(ii), by adding, in alphabetical order, ``The 
State of New Hampshire''.
    b. Paragraph (a)(7)(ii), by adding, in alphabetical order, ``The 
State of New Hampshire''.

    Done in Washington, DC, this 11th day of October 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-25611 Filed 10-14-94; 8:45 am]
BILLING CODE 3410-34-P