[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47669-47671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23052]


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DEPARTMENT OF AGRICULTURE
9 CFR Parts 71 and 75

[Docket No. 96-040-1]


CEM; Remove Interstate Movement Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are removing the regulations governing the interstate 
movement of horses affected with or exposed to contagious equine 
metritis. The last areas of the United States quarantined for 
contagious equine metritis were removed from quarantine in 1987. The 
disease has not been known to exist in this country since that time, 
and the regulations are no longer in use. We are also adding contagious 
equine metritis to a list of diseases not known to exist in the United 
States.

DATES: This rule will be effective on November 12, 1996 unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before October 10, 1996.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Docket No. 
96-040-1, 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. 96-040-1. 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. Tim Cordes, Senior Staff 
Veterinarian,

[[Page 47670]]

National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, 
Riverdale, MD 20737-1231; (301) 734-3279.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR subchapter C (parts 70 through 89) govern 
the interstate movement of animals, including poultry, and animal 
products. Part 71 includes general provisions related to the interstate 
movement of animals and poultry. Part 75 pertains to the interstate 
movement of animals affected with communicable diseases of horses, 
asses, ponies, mules, and zebras. Sections 75.5 through 75.7 and 75.10 
(referred to below as the regulations) pertain to contagious equine 
metritis (CEM), a highly contagious acute venereal disease that affects 
breeding and fertility.
     When first promulgated, the CEM regulations quarantined certain 
areas of the United States and restricted the interstate movement of 
horses and other Equidae from those areas. However, in an interim rule 
of March 11, 1987 (52 FR 7403-7405), we removed the provisions that 
quarantined the last areas of the United States because of CEM. The 
interim rule was affirmed on July 29, 1987 (52 FR 28239-28240). CEM has 
not been known to exist in the United States since that time, and the 
regulations are no longer in use. Because the quarantine and 
accompanying restrictions on interstate movement are no longer 
necessary, we are removing the regulations in Secs. 75.5 through 75.7 
and Sec. 75.10.
    We are also adding a reference to CEM to part 71. Section 71.3 
generally prohibits the interstate movement of diseased animals. 
Section 71.3(b) lists diseases not known to exist in the United States 
and prohibits the interstate movement of animals affected with any of 
the listed diseases. Because CEM is not known to exist in the United 
States, we are adding this disease to the list in Sec. 71.3(b). 
Therefore, in the event CEM is again found to exist in the United 
States, spread of the disease could immediately be curtailed because 
interstate movement of affected animals would be prohibited.

Effective 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. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This rule removes regulations governing the interstate movement of 
horses affected with or exposed to CEM. The last areas of the United 
States quarantined because of this disease were removed from quarantine 
in 1987, and the disease has not been known to exist in this country 
since that time. As a result, none of the regulatory provisions 
regarding CEM have been imposed upon any entities large or small for at 
least 9 years.
    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 12988

    This rule has been reviewed under Executive Order 12988, 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 1995 (44 U.S.C. 3501 
et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects

9 CFR Part 71

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

9 CFR Part 75

    Animal diseases, Horses, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, 9 CFR parts 71 and 75 are amended as follows:

PART 71--GENERAL PROVISIONS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, 
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 71.3  [Amended]

    2. In Sec. 71.3, paragraph (b) is amended by adding the words 
``contagious equine metritis,'' after the word ``dourine,''.

PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND 
ZEBRAS

    3. The authority citation for part 75 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and 
134-134h; 7 CFR 2.22, 2.80, and 371.2(d).


Secs. 75.5, 75.6, 75.7, and 75.10  [Removed and Reserved]

    4. Sections 75.5 through 75.7 and 75.10 are removed and reserved.


[[Page 47671]]


    Done in Washington, DC, this 4th day of September 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-23052 Filed 9-9-96; 8:45 am]
BILLING CODE 3410-34-P