[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Rules and Regulations]
[Pages 70256-70257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27596]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2008-0108]


Remove South Carolina From the Lists of States Approved To 
Receive Stallions and Mares From CEM-Affected Regions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal importation regulations by removing 
South Carolina 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 South Carolina no longer offers contagious equine metritis 
quarantine or treatment services and has requested removal from the 
lists.

DATES: Effective Date: November 20, 2008.

FOR FURTHER INFORMATION CONTACT: Dr. Ellen Buck, Senior Staff 
Veterinarian,

[[Page 70257]]

Technical Trade Services, National Center for Import and Export, APHIS, 
VS, 4700 River Road Unit 39, Riverdale, MD 20737; (301) 734-8084.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations) prohibit or restrict the importation of specified animals 
and animal products 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 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).
    The CEM program is a voluntary, cooperative initiative between 
APHIS and the States. As noted, States that have entered into an 
agreement with the Administrator and have been approved to receive 
horses from CEM-affected regions are listed in Sec.  93.301(h) of the 
regulations. South Carolina entered into such an agreement and was 
included in the lists in Sec.  93.301(h). However, it has been several 
years since South Carolina last received horses for CEM quarantine and 
treatment, and the State has ceased operation of CEM quarantine and 
treatment facilities. Consequently, South Carolina has requested 
removal from the lists of States approved to receive stallions and 
mares from CEM-affected regions. Therefore, in this rule, we are 
removing South Carolina from those lists.

Executive Order 12866 and Regulatory Flexibility Act; Effective Date

    This action has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    As noted, 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 CEM-affected regions in accordance with Sec.  93.301(e) is 
voluntary. Because the State of South Carolina has notified APHIS that 
it has discontinued these activities and has withdrawn from its 
agreement with the Administrator, it does not appear that public 
participation in this 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 action are not necessary. We also 
find good cause for making this action effective less than 30 days 
after publication in the Federal Register.
    Further, this action is not a rule as defined by the Regulatory 
Flexibility Act, and, thus, is exempt from the provisions of the Act.

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 States 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.


0
Accordingly, 9 CFR part 93 is amended as follows:

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

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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]

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

    Done in Washington, DC, this 14th day of November 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-27596 Filed 11-19-08; 8:45 am]
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