Specifically Approved States Authorized to Receive Mares and Stallions Imported from Regions Where CEM Exists

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 97-104-1]

Specifically Approved States Authorized to Receive Mares and

Stallions Imported from Regions 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

Oklahoma to the lists of States approved to receive certain mares and

stallions imported into the United States from regions affected with

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

Oklahoma 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 the importation of mares and stallions from regions

where CEM exists.

DATES: This rule will be effective on April 7, 1998 unless we receive

written adverse comments or written notice of intent to submit adverse

comments on or before March 9, 1998.

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

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

97-104-1, 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. 97-104-1. 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, Animals Program, National Center for Import and Export,

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

734-8423; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The animal importation regulations (contained in 9 CFR part 93 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.

Section 93.301(c)(1) prohibits the importation of horses into the

United States from certain regions where contagious equine metritis

(CEM) exists. Section 93.301(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 from regions where CEM exists for

permanent entry must be consigned to States listed in

Sec. 93.301(h)(6), for stallions, or in Sec. 93.301(h)(7), for mares.

These States have been approved by the Administrator of the Animal and

Plant Health Inspection Service (APHIS) to receive stallions or mares

over 731 days of age from a region where CEM exists because the States

have entered into a written agreement with the Administrator, APHIS, to

enforce State laws and regulations to control CEM, and the States have

agreed to quarantine, test, and treat mares and stallions over 731 days

of age from a region where CEM exists in accordance with Sec. 93.301(e)

of the regulations.

Oklahoma has entered into a written agreement with the

Administrator of APHIS and has agreed to comply with all the

requirements in Sec. 93.301(e) for importing mares and stallions over

731 days old from regions where CEM exists. This direct final rule

will, therefore, add Oklahoma to the list of States in

Secs. 93.301(h)(6) and (h)(7) approved to receive certain stallions and

mares imported into the United States from regions 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.

[[Page 6064]]

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 Oklahoma annually from regions

where CEM exists. Approximately 200-300 mares and stallions over 731

days old from regions where CEM exists were imported into approved

States in fiscal year 1996. During this same period, approximately

3,243 horses of all classes were imported into the United States from

countries other than Canada and Mexico through air and ocean ports;

approximately 18,223 horses were imported from Canada; and,

approximately 10,079 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 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.

Accordingly, 9 CFR part 93 is amended as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND

CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS

OF CONVEYANCE AND SHIPPING CONTAINERS

1. The authority citation for part 93 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 2.22, 2.80, and 371.2(d).

Sec. 93.301 [Amended]

2. Section 93.301 is amended as follows:

a. In paragraph (h)(6), by adding, in alphabetical order, ``The

State of Oklahoma''.

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

State of Oklahoma''.

Done in Washington, DC, this 2nd day of February 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-3045 Filed 2-5-98; 8:45 am]

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