Specifically Approved States Authorized To Receive Mares and Stallions Imported From Countries Where CEM Exists

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-092-1]

Specifically Approved States Authorized To Receive Mares and

Stallions Imported From Countries Where CEM Exists

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

Alabama and North Carolina to the list of States approved to receive

certain mares imported into the United States from countries affected

with contagious equine metritis (CEM). We are also adding Alabama to

the list of States approved to receive certain stallions imported into

the United States from countries affected with CEM. We are taking this

action because Alabama and North Carolina have entered into an

agreement with the Administrator of the Animal and Plant Health

Inspection Service to enforce their 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

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mares and stallions from countries where CEM exists.

DATES: This rule will be effective on March 25, 1996 unless we receive

written adverse comments or written notice of intent to submit adverse

comments on or before February 22, 1996.

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

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

95-092-1, 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. 95-092-1. 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, National Center for Import and Export, VS,

APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231, (301) 734-

6479.

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) of the regulations for mares.

Alabama and North Carolina have agreed to abide by the State

regulations concerning mares and stallions imported from countries

where CEM exists, and have entered into a written agreement with the

Administrator, APHIS, to enforce their State laws and regulations, as

required by the regulations, to control CEM.

This direct final rule will add Alabama and North Carolina to the

list of States approved to receive certain mares

(Sec. 92.304(a)(7)(ii)) imported into the United States from countries

where CEM exists. This direct final rule will also add Alabama to the

list of States approved to receive certain stallions

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

where CEM exists. (North Carolina is already on the list in

Sec. 92.304(a)(4)(ii) of States approved to receive certain stallions

imported into the United States from countries 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

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 States of Alabama and North Carolina

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 1995. During this same

period, approximately 2,167 horses of all classes were imported into

the United States from countries other than Canada and Mexico through

air and ocean ports; approximately 27,565 horses were imported from

Canada; and, approximately 15,358 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 1995 (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:

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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 2.22, 2.80, and 371.2(d).

Sec. 92.304 [Amended]

2. Section 92.304 is amended as follows:

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

State of Alabama''.

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

State of Alabama'' and ``The State of North Carolina''.

Done in Washington, DC, this 17th day of January 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-870 Filed 1-22-96; 8:45 am]

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