[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Rules and Regulations]
[Pages 7414-7415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3686]



[[Page 7414]]

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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 03-004-1]


Remove Texas From Lists of States Approved To Receive Stallions 
and Mares From CEM-Affected Regions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the animal importation regulations by removing 
Texas from the lists of States approved to receive certain stallions 
and mares imported into the United States from regions affected with 
contagious equine metritis. This action is necessary because the Texas 
Animal Health Commission has determined that the State of Texas is not 
able to continue this activity, and has requested that the State be 
removed from the list.

DATES: This rule is effective February 14, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Freeda Isaac, Senior Staff 
Veterinarian, Technical Trade Services, VS, APHIS, 4700 River Road, 
Unit 39, Riverdale, MD 20737-1231; (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The animal importation regulations in 9 CFR part 93 (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.
    In Sec.  93.301, paragraph (c)(1) prohibits the importation of 
horses into the United States from certain regions where contagious 
equine metritis (CEM) exists. Paragraph (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 for permanent entry from regions 
where CEM exists must be consigned to States listed in Sec.  
93.301(h)(6), for stallions, or in Sec.  93.301(h)(7), for mares. The 
Administrator of the Animal and Plant Health Inspection Service (APHIS) 
has approved these States to receive stallions or mares over 731 days 
of age from regions where CEM exists because each State has entered 
into a written agreement with the Administrator to enforce State laws 
and regulations to control CEM, and each State has agreed to 
quarantine, test, and treat stallions and mares over 731 days of age 
from any region where CEM exists in accordance with Sec.  93.301(e).
    In 1995, Texas entered into a written agreement with the 
Administrator and was subsequently placed on both lists. However, the 
Texas Animal Health Commission has recently determined that Texas is no 
longer able to continue the quarantine, testing, and treatment of 
stallions and mares over 731 days old from regions where CEM exists, 
and has requested that the State be removed from the lists of States 
approved to received stallions and mares from CEM-affected regions. 
Therefore, this final rule removes Texas from the lists of States in 
Sec.  93.301(h)(6) and (h)(7).

Effective Date

    A State's decision to enter into a written agreement with the 
Administrator to enforce State laws and regulations to control CEM and 
to quarantine, test, and treat stallions and mares over 731 days of age 
from any region where CEM exists in accordance with Sec.  93.301(e) is 
completely voluntary. Since the State of Texas has notified APHIS that 
it is unable to continue these activities and has withdrawn from its 
agreement with the Administrator, it does not appear that public 
participation in this rulemaking proceeding would make additional 
relevant information available to the Department.
    Accordingly, pursuant to the administrative procedure provisions in 
5 U.S.C. 553, we find upon good cause that prior notice and other 
public procedure with respect to this rule are unnecessary. We also 
find good cause for making this rule effective less than 30 days after 
publication in the Federal Register.

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 under 
Executive Order 12866.
    APHIS does not mandate that any State participate in the 
quarantine, testing, and treatment of stallions and mares over 731 days 
of age from any region where CEM exists. As a result, decisions 
regarding a State's compliance or noncompliance with the standards set 
out in Sec.  93.301(e) are made at the State level. Since the State of 
Texas has notified APHIS that it is unable to continue these activities 
and has withdrawn from its agreement with the Administrator, this rule 
simply amends the regulations to reflect the State's decision.
    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 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  93.301  [Amended]

    2. Section 93.301 is amended as follows:
    a. In paragraph (h)(6), by removing the words ``The State of 
Texas''.
    b. In paragraph (h)(7), by removing the words ``The State of 
Texas''.


[[Page 7415]]


    Done in Washington, DC, this 10th day of February 2003 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-3686 Filed 2-13-03; 8:45 am]
BILLING CODE 3410-34-P