Specifically Approved States Authorized To Receive Mares and Stallions Imported From CEM-Affected Countries

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-064-1]

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

Texas 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

Texas 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 November 27, 1995, unless we

receive written adverse comments or written notice of intent to submit

adverse comments on or before October 27, 1995.

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

comments or notice of intent to submit adverse comments to Docket No.

95-064-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that

your submission refers to Docket No. 95-064-1. 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. David Vogt, Senior Staff

Veterinarian, Import/Export Animals, National Center for Import and

Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,

(301) 734-8423.

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 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.

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. Texas 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 Texas 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.

Dates

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 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.

We anticipate that fewer than 20 mares and stallions over 731 days

old will be imported into the State of Texas 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

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year 1994. During this same period, approximately 3,598 horses of all

classes were imported into the United States from countries other than

Canada and Mexico through air and ocean ports; approximately 24,904

horses were imported from Canada; and, approximately 1,364 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 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 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 Texas''.

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

State of Texas''.

Done in Washington, DC, this 22nd day of September 1995.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-23970 Filed 9-26-95; 8:45 am]

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