[Federal Register Volume 63, Number 25 (Friday, February 6, 1998)]
[Rules and Regulations]
[Pages 6063-6064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3045]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 97-104-1]


Specifically Approved States Authorized to Receive Mares and 
Stallions Imported from Regions Where CEM Exists

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 
Oklahoma to the lists of States approved to receive certain mares and 
stallions imported into the United States from regions affected with 
contagious equine metritis (CEM). We are taking this action because 
Oklahoma 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 the importation of mares and stallions from regions 
where CEM exists.

DATES: This rule will be effective on April 7, 1998 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments on or before March 9, 1998.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to Docket No. 
97-104-1, 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. 97-104-1. 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, Animals Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 
734-8423; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The animal importation regulations (contained in 9 CFR part 93 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. 
Section 93.301(c)(1) prohibits the importation of horses into the 
United States from certain regions where contagious equine metritis 
(CEM) exists. Section 93.301(c)(2) lists categories of horses that are 
excepted from this prohibition, including, in Sec. 93.301(c)(2)(vi), 
horses over 731 days of age imported for permanent entry if the horses 
meet the requirements of Sec. 93.301(e).
    One of the requirements in Sec. 93.301(e) is that mares and 
stallions over 731 days old imported from regions where CEM exists for 
permanent entry must be consigned to States listed in 
Sec. 93.301(h)(6), for stallions, or in Sec. 93.301(h)(7), for mares. 
These States have been approved by the Administrator of the Animal and 
Plant Health Inspection Service (APHIS) to receive stallions or mares 
over 731 days of age from a region where CEM exists because the States 
have entered into a written agreement with the Administrator, APHIS, to 
enforce State laws and regulations to control CEM, and the States have 
agreed to quarantine, test, and treat mares and stallions over 731 days 
of age from a region where CEM exists in accordance with Sec. 93.301(e) 
of the regulations.
    Oklahoma has entered into a written agreement with the 
Administrator of APHIS and has agreed to comply with all the 
requirements in Sec. 93.301(e) for importing mares and stallions over 
731 days old from regions where CEM exists. This direct final rule 
will, therefore, add Oklahoma to the list of States in 
Secs. 93.301(h)(6) and (h)(7) approved to receive certain stallions and 
mares imported into the United States from regions where CEM exists.

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.

[[Page 6064]]

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 Oklahoma annually from regions 
where CEM exists. Approximately 200-300 mares and stallions over 731 
days old from regions where CEM exists were imported into approved 
States in fiscal year 1996. During this same period, approximately 
3,243 horses of all classes were imported into the United States from 
countries other than Canada and Mexico through air and ocean ports; 
approximately 18,223 horses were imported from Canada; and, 
approximately 10,079 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 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 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 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 93

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

    Accordingly, 9 CFR part 93 is amended as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    1. The authority citation for part 93 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 2.22, 2.80, and 371.2(d).

Sec. 93.301  [Amended]

    2. Section 93.301 is amended as follows:
    a. In paragraph (h)(6), by adding, in alphabetical order, ``The 
State of Oklahoma''.
    b. In paragraph (h)(7), by adding, in alphabetical order, ``The 
State of Oklahoma''.

    Done in Washington, DC, this 2nd day of February 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-3045 Filed 2-5-98; 8:45 am]
BILLING CODE 3410-34-P