64266 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations

paperwork-only bond, with no money

involved, so in terms of a Customs bond

being applied to temporary importations

of Mexican cattle, the commenter is

correct. Our interim rule should have

stated that cattle imported for feeding

and return to Mexico were no longer

covered by a cash bond, and that it was

the absence of any cash bond that led to

our determination that the in-bond

program should be terminated.

One commenter contended that the

interim rule violated the terms of

NAFTA by instituting a sanitary

measure without providing a risk

assessment, considering alternatives and

economic impacts, or providing the

required 60-day notice to Mexico.

The interim rule contained a

discussion of the increased disease risks

associated with the in-bond program

and the measures that had been in place

to mitigate those risks. As stated in the

interim rule, the additional risks

stemmed largely from the fact that inbond cattle were exempted from

meeting certain testing requirements for

brucellosis and tuberculosis; those risks

had been mitigated by the quarantine

and movement restrictions of the inbond program, and the cash bond had

served to ensure that the quarantine and

movement restrictions were observed.

The termination of the in-bond program

was based on our determination that the

loss of the cash bond rendered our

mitigating measures less effective than

we believed was necessary.

The interim rule also discussed

alternatives to ending the in-bond

program, e.g., continuing with a

paperwork-only bond and the

possibility of APHIS implementing its

own bond system. Further, an economic

analysis was provided in the interim

rule to satisfy the requirements of

Executive Order 12866 and the

Regulatory Flexibility Act.

With regard to the 60-day notice,

NAFTA allows a party to omit such

notice when the party considers it

necessary to take measures to address an

urgent problem relating to sanitary and

phytosanitary protection. In such cases,

the party must: (1) Immediately provide

a notification of the measures, including

a brief description of the urgent

problem; (2) provide a copy of such

measures upon request; and (3) allow

other parties and interested persons to

make comments in writing and, upon

request, discuss such comments and

take such comments and the results of

such discussions into account. All three

of those requirements were satisfied by

the interim rule in that it provided

notification of our termination of the inbond program 15 days prior to the

effective date of that action; set forth a

description of the urgent problem that

led us to publish the interim rule

without prior opportunity for public

comment; provided a full description of

the measures we were taking; and

provided a 60-day comment period

during which interested persons could

submit comments for APHIS’

consideration.

One commenter stated that the

interim rule is an unjustified nontariff

trade barrier because the rule was based

not on animal health concerns, but on

an administrative problem, i.e., the

inability of the Customs Service to

collect the bond. We disagree with that

argument because Customs’ inability to

collect the bond is a reality mandated by

NAFTA, not an ‘‘administrative

problem’’ that could be solved by a

change in procedure or a reallocation of

resources. As explained above and in

the interim rule, we found that the bond

was an important factor in the

enforceability of the restrictions

designed to mitigate the higher disease

risk posed by cattle imported under the

in-bond program. If those restrictions

were disregarded, there is the very real

possibility that cattle that had not been

tested for tuberculosis or brucellosis

could be commingled with domestic

livestock and spread disease; we regard

that as an animal health concern.

As noted above, the interim rule

removed § 92.427(e), which contained

the in-bond program’s provisions, and

five references to those provisions found

elsewhere in parts 91 and 92. Following

the publication of the interim rule, it

was brought to our attention that we

failed to remove a sixth reference to the

in-bond program from the regulations in

§ 92.427(c)(2) (current § 93.427(c)(2)).

We are, therefore, removing that

reference in this final rule.

Therefore, based on the rationale set

forth in the interim rule and in this

document, we are adopting the

provisions of the interim rule as a final

rule with the change discussed in this

document.

This final rule also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Order 12372, and the

Paperwork Reduction Act.

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.

List of Subjects

9 CFR Part 91

Animal diseases, Animal welfare,

Exports, Livestock, Reporting and

recordkeeping requirements,

Transportation.

9 CFR Part 93

Animal diseases, Imports, Reporting

and recordkeeping requirements.

Accordingly, the interim rule

amending 9 CFR parts 91 and 92 (now

9 CFR parts 91 and 93) that was

published at 60 FR 13896–13898 on

March 15, 1995, is adopted as a final

rule with the change set forth below.

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).

§ 93.427 [Amended]

2. In § 93.427, in paragraph (c)(2), the

second sentence is amended by

removing the words ‘‘or in bond for

temporary entry in accordance with

§ 93.427(e)’’.

Done in Washington, DC, this 1st day of

December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–31899 Filed 12–4–97; 8:45 am]

BILLING CODE 3410–34–P

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 791

Rules of NCUA Board Procedure;

Promulgation of NCUA Rules and

Regulations; Public Observation of

NCUA Board Meetings

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Final rule.

SUMMARY: The NCUA Board amends its

rules to revise and clarify Board

procedures relating to procedural

rulings, notation voting, Board

meetings, and the agenda. This

amendment more clearly defines the

procedures that are to be followed when

a Board member appeals a procedural
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations 64267

ruling and when matters are submitted

to the Board for notation vote. Further,

this amendment sets forth the authority

of Board members to call a special

meeting and place items on a regular

meeting agenda.

DATES: Effective on December 5, 1997.

ADDRESSES: National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia 22314–3428.

FOR FURTHER INFORMATION CONTACT:

Robert M. Fenner, General Counsel,

Office of the General Counsel, at the

above address or telephone (703) 518–

6540. E-mail questions may be sent to

ogcmail@ncua.gov.

SUPPLEMENTARY INFORMATION: Part 791 of

NCUA Rules and Regulations (12 CFR

part 791) governs the manner in which

the Board conducts NCUA business;

appeal of a procedural ruling, the use of

notation votes, the recording of Board

actions, and the scheduling and subject

matter of Board meetings. At this time,

§ 791.4 is amended to provide that any

Board member may appeal a procedural

ruling, and that the Board member’s

appeal must be considered immediately

by the Board.

In addition, § 791.4 is amended to

provide that, for every matter submitted

for a notation vote, a written

memorandum and voting sheet is to be

circulated to the office of each Board

member simultaneously. Thus, the

office of each Board member receives

notice of matters for notation voting at

the same time. Further, the rule is

amended to specify that, if a Board

member vetoes the use of notation

voting for a particular matter, the matter

must be placed on the agenda of the

next regularly scheduled Board meeting

that is to be held at least 10 days after

the date of the veto.

Section 791.5 is amended to specify

that a special meeting shall be called by

the Chairman on the Chairman’s own

initiative or within fourteen days of a

request from two Board members. The

request must be made by submitting an

NCUA B–1 form and Board Action

Memorandum stating the specific action

being recommended to the Board.

Section 791.6 is amended to establish

that, although the Chairman determines

the order of and the items to be placed

on the agenda, any Board member may

have an item placed on the agenda of

the next regularly scheduled Board

meeting. The request must be submitted

at least ten days in advance of the next

regularly scheduled meeting and

accompanied by an NCUA B–1 form and

a Board Action Memorandum that states

the specific action being recommended

to the Board.

Immediate Effective Date

Because these amendments concern

the rules of NCUA Board procedure,

prior notice and comment are not

required by 5 U.S.C. 553. These

amendments are effective upon

publication in the Federal Register.

Regulatory Procedures

Regulatory Flexibility Act

NCUA certifies that part 791 will not

have a significant impact on a

substantial number of small credit

unions. Accordingly, a regulatory

flexibility analysis is not required. The

rule affects internal NCUA Board

operations only. Thus, it will not result

in any additional burden for regulated

institutions. The purpose of the rule is

to enhance the operations of the NCUA

Board.

Paperwork Reduction Act

The amendments to the rule do not

contain any collection of information

requirements pursuant to the Paperwork

Reduction Act of 1995 and regulations

of the Office of Management and

Budget.

Executive Order 12612

Part 791 only applies to NCUA and

the NCUA Board. Accordingly, NCUA

has determined that the rule will not

have a substantial impact on the states

or state interests. Further, the rule will

not preempt provisions of state law or

regulations.

List of Subjects in 12 CFR Part 791

Administrative practice and

procedure, Sunshine Act.

By the National Credit Union

Administration Board on November 24, 1997.

Becky Baker,

Secretary to the Board.

Accordingly, NCUA amends 12 CFR

part 791 as follows:

PART 791—RULES OF NCUA BOARD

PROCEDURE; PROMULGATION OF

NCUA RULES AND REGULATIONS;

PUBLIC OBSERVATION OF NCUA

BOARD MEETINGS

1. The authority citation for part 791

continues to read as follows:

Authority: 12 U.S.C. 1766, 1789 and 5

U.S.C. 552b.

2. Section 791.4 is amended by

revising paragraphs (a)(2), (b)

introductory text and (b)(3) to read as

follows:

§ 791.4 Methods of acting.

(a) * * *

(2) Presiding officer. The Chairman is

the presiding officer, and in the

Chairman’s absence, the designated Vice

Chairman shall preside. The presiding

officer shall make procedural rulings.

Any Board member may appeal a ruling

made by the presiding officer. The

appeal of a procedural ruling by the

presiding officer shall be immediately

considered by the Board, and a majority

decision by the Board shall decide the

procedural ruling.

(b) Notation voting. Notation voting is

the circulation of written memoranda

and voting sheets to the office of each

Board member simultaneously and the

tabulation of responses.

* * * * *

(3) Veto of notation voting. In view of

public policy for openness reflected in

the Sunshine Act, each Board member

is authorized to veto the use of notation

voting for the consideration of any

particular matter, and thus require that

the matter be placed on the agenda of

the next regularly scheduled Board

meeting that is held at least ten days

after the date of the veto.

* * * * *

3. Section 791.5 is amended by

revising paragraph (a)(2) to read as

follows:

§ 791.5 Scheduling of board meetings.

(a) * * *

(2) Special meetings. The Chairman

shall call special meetings either on the

Chairman’s own initiative or within

fourteen days of a request from two

Board members that is accompanied by

an NCUA B–1 form and a Board Action

Memorandum that states the specific

action being recommended to the Board.

* * * * *

4. Section 791.6 is amended by

revising paragraph (a) to read as follows:

§ 791.6 Subject matter of a meeting.

(a) Agenda. The Chairman is

responsible for the final order of each

meeting agenda. Items shall be placed

on the agenda by determination of the

Chairman or, at the request of any Board

Member, an item will be placed on the

agenda of the next regularly scheduled

meeting provided that the request is

submitted at least ten days in advance

of the next regularly scheduled meeting

and is accompanied by an NCUA B–1

form and a Board Action Memorandum

that states the specific action being

recommended to the Board.

* * * * *

[FR Doc. 97–31716 Filed 12–4–97; 8:45 am]

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