[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Rules and Regulations]
[Pages 24806-24808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3985]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2006-0020]


States Approved To Receive Stallions and Mares From CEM-Affected 
Regions; Indiana

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 
Indiana to the lists of States approved to receive certain stallions 
and mares imported into the United States from regions affected with 
contagious equine metritis (CEM). We are taking this action because 
Indiana 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 June 26, 2006, unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments on or before May 30, 2006. If we receive written adverse 
comments or written notice of intent to submit adverse comments, we 
will publish a document in the Federal Register withdrawing this rule 
before the effective date.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0020 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0020,

[[Page 24807]]

Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. APHIS-2006-0020.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Freeda E. Isaac, Senior Staff 
Veterinarian, National Center for Import and Export, 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).
    Indiana has entered into a written agreement with the Administrator 
of APHIS and has agreed to comply with all of the requirements in Sec.  
93.301(e) for importing stallions and mares over 731 days old from 
regions where CEM exists. Therefore, this direct final rule will add 
Indiana to the lists of States in Sec.  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 
comments. This rule will be effective, as published in this document, 
on June 26, 2006, unless we receive written adverse comments or written 
notice of intent to submit adverse comments by May 30, 2006.
    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 document in the Federal 
Register withdrawing this rule before the effective date. We will then 
publish a proposed rule for public comment.
    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 
document 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 under 
Executive Order 12866.
    We are amending the animal importation regulations by adding 
Indiana to the lists of States approved to receive certain stallions 
and mares imported into the United States from regions affected with 
CEM. We are taking this action because Indiana has entered into an 
agreement with the Administrator of APHIS 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.
    The United States imported a total of 41,065 horses in 2004. Nearly 
82 percent of horses imported were from Canada (76 percent) and Mexico 
(6 percent). Of the total imports, 35,372 were from non-CEM countries 
and the remaining 5,693 were from CEM countries. The proportion of 
pure-bred horses was much smaller than other horses. Of the above 
total, 2,297 were purebred breeding horses. Only 265 purebred breeding 
horses were imported from CEM-affected countries. However, horses 
supplied by CEM-affected countries are generally highly valued. In 
2004, for example, the average value of a purebred breeding horse 
imported from a CEM-affected region was $42,600, whereas the average 
value of a purebred breeding horse imported from non-CEM countries was 
$4,720.
    The rule will allow Indiana horse operations to import stallions 
and mares directly from CEM-affected regions, whereas at present they 
must be imported and undergo post-entry testing and treatment in 
another, currently approved State. There are now 21 States approved to 
receive stallions and mares from CEM-affected regions. Thus, Indiana 
would join those 21 States as a potential destination for purebred 
breeding horses imported from CEM-affected regions. This rule would 
affect operations raising horses and other equines (North American 
Industry Classification System (NAICS) code 112920) and operations 
owning racehorses (NAICS code 711219). The main effect would be on 
those entities importing horses from CEM-affected regions. It is not 
known how many such firms there may be, but it is reasonable to assume 
that at least some of them may be small entities. The Small Business 
Administration classifies operations engaged in raising horses and 
other equines as small entities if their annual receipts are not more 
than $750,000. Operations owning race horses are considered small if 
annual gross receipts are less than $6.5 million. According to the 2002 
Census of Agriculture, there were 14,500 horse farms in Indiana that 
year, 3,492 of which sold 12,397 horses that had a total value of $34 
million. About 5 percent are owners of racehorses. These data imply an 
average income per farm from horse sales of about $2,750. Over 99 
percent of operations raising horses and owning racehorses are 
considered to be small. Entities that may be affected by the rule are 
principally small

[[Page 24808]]

businesses, but the impact will not be significant.
    This rule is expected to benefit small and large horse entities in 
Indiana through trade opportunities already provided to States 
currently approved to receive horses from CEM-affected regions. Horses 
from CEM-affected regions will be allowed to be moved directly into 
Indiana, thereby benefitting Indiana importers through lower transport 
costs and reduced paperwork burdens. Mainly, breeding horse importers 
in Indiana would benefit from this rule. Because the pool of imported 
horses is a very small fraction of the domestic total and Indiana 
importers are expected to compete with importers in 21 other States, 
any net beneficial impact would be very small, especially when compared 
to the value of the imported horses.
    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 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 new 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.

0
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

0
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]

0
2. Section 93.301 is amended as follows:
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a. In paragraph (h)(6), by adding, in alphabetical order, ``The State 
of Indiana''.
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b. In paragraph (h)(7), by adding, in alphabetical order, ``The State 
of Indiana''.

    Done in Washington, DC, this 21st day of April 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-3985 Filed 4-26-06; 8:45 am]
BILLING CODE 3410-34-P