Information Collection Under Review

DEPARTMENT OF AGRICULTURE

9 CFR Part 92

[Docket No. 94-080-1]

Specifically Approved States Authorized to Receive Mares and

Stallions Imported From CEM-Affected Countries

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

New Hampshire to the list of States approved to receive certain mares

and stallions imported into the United States from countries affected

with contagious equine metritis (CEM). We are taking this action

because New Hampshire 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 importers of mares and

stallions from countries affected with CEM.

DATES: This rule will be effective on December 16, 1994, unless we

receive written adverse comments or written notice of intent to submit

adverse comments on or before November 16, 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. 94-080-1. 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. Joyce Bowling, Staff Veterinarian,

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

Veterinary Services, APHIS, USDA, room 766, Federal Building, 6505

Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

The animal importation regulations (contained in 9 CFR part 92 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.

Sections 92.301(c)(2), 92.304(a)(4)(ii), and 92.304(a)(7)(ii) allow

certain horses (mares and stallions over 731 days old) to be imported

into the United States from certain countries where contagious equine

metritis (CEM) exists if specific requirements to prevent their

introducing CEM into the United States are met and the mares and

stallions are consigned to approved States for further inspection,

treatment, and testing.

Mares and stallions over 731 days old must be consigned to States

that have been approved by the Administrator of the Animal and Plant

Health Inspection Service (APHIS) as meeting conditions necessary to

ensure that the mares and stallions are free of CEM. These conditions,

which concern inspection, treatment, and testing of the mares and

stallions, are contained in Sec. 92.304(a)(5) of the regulations for

stallions and in Sec. 92.304(a)(8) for mares. New Hampshire has agreed

to abide by the State regulations concerning mares and stallions

imported from countries where CEM exists, and has entered into a

written agreement with the Administrator, APHIS, to enforce its State

laws and regulations that meet the requirements of Sec. 92.304(a)(5)

and Sec. 92.304(a)(8) of the regulations, to control CEM.

This direct final rule will add New Hampshire to the list of States

approved to receive certain mares (Sec. 92.304(a)(7)(ii)) and stallions

(Sec. 92.304(a)(4)(ii)) imported into the United States from countries

affected with CEM.

Effective Date

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 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

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 direct final 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 New Hampshire annually from

countries where CEM exists. Approximately 200-300 mares and stallions

over 731 days old from countries where CEM exists were imported into

approved States in fiscal year 1993. During this same period,

approximately 2,228 horses of all classes were imported into the United

States from countries other than Canada and Mexico through air and

ocean ports; approximately 20,585 horses were imported from Canada;

and, approximately 9,676 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 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 in conflict 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 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 92 is amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN

ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR

CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

1. The authority citation for part 92 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 2.17, 2.51, and 371.2(d).

Sec. 92.304 [Amended]

2. Section 92.304 is amended as follows:

a. Paragraph (a)(4)(ii), by adding, in alphabetical order, ``The

State of New Hampshire''.

b. Paragraph (a)(7)(ii), by adding, in alphabetical order, ``The

State of New Hampshire''.

Done in Washington, DC, this 11th day of October 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-25611 Filed 10-14-94; 8:45 am]

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