[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49751-49752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23970]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-064-1]


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 
Texas 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 
Texas 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 November 27, 1995, unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before October 27, 1995.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Docket No. 
95-064-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that 
your submission refers to Docket No. 95-064-1. 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. David Vogt, Senior Staff 
Veterinarian, Import/Export Animals, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, 
(301) 734-8423.

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 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.
    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. Texas 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 Texas 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.

Dates

    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 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.
    We anticipate that fewer than 20 mares and stallions over 731 days 
old will be imported into the State of Texas 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 

[[Page 49752]]
year 1994. During this same period, approximately 3,598 horses of all 
classes were imported into the United States from countries other than 
Canada and Mexico through air and ocean ports; approximately 24,904 
horses were imported from Canada; and, approximately 1,364 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 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 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 Texas''.

    b. Paragraph (a)(7)(ii), by adding, in alphabetical order, ``The 
State of Texas''.
    Done in Washington, DC, this 22nd day of September 1995.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-23970 Filed 9-26-95; 8:45 am]
BILLING CODE 3410-01-P