Recognized Breeds and Books of Record

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 151

[Docket No. 94-057-1]

Recognized Breeds and Books of Record

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the ``Recognition of Breeds and Books of

Record of Purebred Animals'' regulations by adding the following to the

list of ``recognized breeds and books of record'': the Belgian Blue and

Gelbvieh breeds of cattle, the Trakehner and Morab breeds of horses,

the Herd Book of the Gelbvieh, the Trakehner Stud Book, and the Morab

Stud Book. It has been determined that these breeds of cattle and

horses and books of record qualify for such listing. This action will

allow duty-free entry into the United States of horses and cattle which

are registered in the books. We are also updating the address to which

books of record are sent.

DATES: This rule will be effective on October 17, 1994, unless we

receive written adverse comments or written notice of intent to submit

adverse comments on or before September 19, 1994. 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.

ADDRESSES: Please send an original and three copies of any adverse

comments or notice of intent to submit adverse comments to Chief,

Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your submission refers to Docket No. 94-057-1. 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. Andrea Morgan, Senior Staff

Veterinarian, Import-Export Animals Staff, National Center for Import

and Export, Veterinary Services, APHIS, USDA, room 763, Federal

Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.

SUPPLEMENTARY INFORMATION:

Background

Item 100.01 in Part 1, Schedule 1, of 19 U.S.C. 1202 (the Tariff

Act of 1930, as amended) provides, in part, that animals (except for

certain foxes) certified to the collector of customs by the Department

of Agriculture as being pure bred of a recognized breed and duly

registered in a book of record recognized by the Secretary of

Agriculture for that breed, may be entered by a citizen or agency of

the United States into the United States free of duty if imported for

breeding purposes. Implementing regulations, captioned ``Recognition of

Breeds and Books of Record of Purebred Animals'' (referred to below as

the regulations), are set forth in 9 CFR part 151.

In accordance with Sec. 151.2 of the regulations, the Administrator

of the Animal and Plant Health Inspection Service (APHIS) issues

certificates of pure breeding for certain animals. To be eligible for a

certificate, Sec. 151.8 of the regulations stipulates that an animal

must be ``purebred of a recognized breed and have been registered in

good faith in a book of record listed in Sec. 151.9 [of the

regulations] and must not have been registered on inspection without

regard to purity of breeding.'' The regulations contain lists of

``recognized breeds and books of record'' for cattle, horses, asses,

sheep, goats, swine, dogs, and cats.

A ``book of record'' is defined in Sec. 151.1 of the regulations

as: ``A printed book or an approved microfilm record sponsored by a

registry association and containing breeding data relative to a large

number of registered purebred animals used as a basis for the issuance

of pedigree certificates.''

Section 151.9, paragraph (a), of the regulations lists breeds and

books of record in countries other than Canada. Section 151.9,

paragraph (b), of the regulations lists breeds and books of record in

Canada.

In accordance with the procedures described below under Effective

Date, this direct final rule will amend Sec. 151.9 of the regulations

as follows: It will amend the list of ``recognized breeds and books of

record'' in Sec. 151.9(a) of the regulations by adding the Gelbvieh

breed of cattle, and the Trakehner and Morab breeds of horses as

recognized breeds. This document also will amend Sec. 151.9(a) by

adding, as books of record, the Herd Book of the Gelbvieh issued by the

American Gelbvieh Association, the Trakehner Stud Book issued by the

American Trakehner Association, and the Morab Stud Book issued by the

North American Morab Horse Association, Inc. In addition, this document

will amend Sec. 151.9(b) of the regulations by adding the Belgian Blue

and Gelbvieh breeds of cattle as recognized breeds. The books of record

of the Canadian Live Stock Records, Ottawa, Canada, are already listed

in Sec. 151.9(b) as being recognized books of record for certain breeds

in Canada and they will be the books of record for the Belgian Blue and

Gelbvieh breeds as well.

In accordance with Sec. 151.10 of the regulations, before a breed

or book of record shall be added to the regulations, the custodian of

the book of record must submit to APHIS ``a complete copy of the book

of record, consisting of any published printed volumes and any

microfilm records issued by the registry association up to date of

application, together with a copy of all rules and forms in force on

said date affecting the registration of animals in said book.''

The custodians of the book of record for the Gelbvieh breed of

cattle, and the Trakehner and Morab breeds of horses each submitted to

APHIS a complete copy of the book of record with a copy of all rules

and forms affecting the registration of the animals in the book of

record. Upon review, the agency has determined that both the breeds and

books of record meet the requirements of the regulations for addition

to the list of ``recognized breeds and books of record.''

This direct final rule also will update the address to which books

of records are sent. The address, listed in Sec. 151.9, will be changed

from the United States Government Despatch Agency, 26 Federal Plaza,

New York, New York 10007, U.S.A., to the Animal and Plant Health

Inspection Service, United States Department of Agriculture, room 764,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.

Effective Date

We are publishing this rule without 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,

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. For this

action, the Office of Management and Budget has waived its review

process required by Executive Order 12866.

Certain cattle and horse owners, breeders, exporters, importers,

and breed associations may experience a positive economic impact when

Gelbvieh and Belgian Blue cattle, and Trakehner and Morab horses,

receive official USDA recognition. Such recognition enhances the

marketability of these animals. However, based on past experience, we

do not anticipate any economic benefit to be significant. Further,

these entities comprise less than one percent of the total number of

cattle and horses imported into the United States annually.

Under these circumstances the Administrator of the Animal and Plant

Health Inspection Service has determined that this rule will not have a

significant economic impact on a substantial number of small entities.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, 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 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 151

Animals, Imports, Reporting and recordkeeping requirements.

PART 151--RECOGNITION OF BREEDS AND BOOKS OF RECORD OF PUREBRED

ANIMALS

Accordingly, 9 CFR part 151 is amended as follows:

1. The authority citation for part 151 continues to read as

follows:

Authority: 19 U.S.C. 1202; 7 CFR 2.17, 2.51, and 371.2(d).

2. In Sec. 151.9, the introductory text is amended by revising the

last sentence, and the table in paragraphs (a) and (b) is amended by

adding the following information, in alphabetical order by breed:

Sec. 151.9 Recognized breeds and books of record.

* * * All books of record sent to the Animal and Plant Health

Inspection Service, United States Department of Agriculture, shall be

submitted through the Animal and Plant Health Inspection Service, USDA,

room 764, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.

(a) * * *

Cattle

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Code Name of breed Book of record By whom published

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* * ** *

1113.. Gelbvieh............ Herd Book of the American Gelbvieh

Gelbvieh. Association, 10900

Dover Street,

Westminster, CO

80021.

* * * **

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Horses

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Code Name of breed Book of record By whom published

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* * * **

2112.. Morab............... Morab Stud Book..... North American Morab

Horse Association,

Inc., W 3174 Fero

Springs Road,

Hilbert, WI 54129.

* * * **

2113.. Trakehner........... Trakehner Stud Book. American Trakehner

Association, 2305

November Lane,

Reston, VA 22091.

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* * * * *

(b) * * *

Cattle

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Code Name of breed Code Name of breed

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* * * **

1110.. Belgian Blue

* * * **

1114.. Gelbvieh

* * * **

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Done at Washington, DC, this 10th day of August 1994.

William S. Wallace,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-20182 Filed 8-17-94; 8:45 am]

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