This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

69237

Vol. 65, No. 222

Thursday, November 16, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 93

[Docket No. 00–109–1]

Spanish Pure Breed Horses from Spain

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations for the importation of

Spanish Pure Breed horses from Spain

by removing the requirement that the

health certificate accompanying

imported Spanish Pure Breed horses

from Spain specify that the horses, since

reaching breeding age, have not been on

breeding premises. In place of that

requirement, we will require that the

health certificate accompanying Spanish

Pure Breed horses certify, among other

things, that, since reaching breeding age,

the horses have not been on a farm that

is exclusively a breeding premises; have

not been bred; have not attempted to

breed; and have not been commingled

and left unattended with adult horses of

the opposite sex. We are also correcting

the name of the horse breed association

of Spain. We believe that this action

will relieve unnecessary restrictions on

the importation of Spanish Pure Breed

horses from Spain while continuing to

protect against the introduction and

dissemination of contagious equine

metritis into the United States.

DATES: This interim rule is effective

November 16, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by January 16, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 00–109–1,

Regulatory Analysis and Development,

PPD, APHIS, Suite 3C03, 4700 River

Road, Unit 118, Riverdale, MD 20737–

1238.

Please state that your comment refers

to Docket No. 00–109–1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Karen A. James, Assistant Director,

Technical Trade Services Team,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 38,

Riverdale, MD 20737–1231; (301) 734–

8172.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 93

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals into the United States to

prevent the introduction of

communicable diseases of livestock and

poultry. Subpart C—Horses, § § 93.300

through 92.326 of the regulations,

pertains to the importation of horses

into the United States. Section 93.301 of

the regulations contains specific

provisions for the quarantine and testing

of horses from regions affected with

contagious equine metritis (CEM), a

highly contagious bacterial venereal

disease that affects breeding and

fertility. Section 93.301 also identifies

regions where CEM exists and regions

that trade horses freely with regions

where CEM exists without testing for

CEM. Section 93.301 prohibits, with

certain exceptions, the importation of

horses into the United States from those

areas. The European Union—of which

Spain is a Member State—is listed in

§ 93.301 as a region where CEM exists

or may exist.

On August 1, 2000, we published in

the Federal Register a final rule (65 FR

46859–46861, Docket No. 99–054–2)

that amended the regulations in § 93.301

to allow Spanish Pure Breed stallions

and mares that are more than 731 days

old that have tested negative for CEM in

the country of origin and have

undergone Federal quarantine upon

arrival in the United States to be

imported into the United States without

being subject to additional quarantine,

testing, and treatment. Essentially, the

final rule allowed Spanish Pure Breed

Horses from Spain to be imported into

the United States under the same

preexport testing and quarantine

conditions that previously applied only

to thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom.

Under the regulations in § 93.301(d),

as amended by our August 1, 2000, final

rule, thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom and Spanish Pure Breed

horses from Spain may be imported into

the United States under certain

conditions. Those conditions include,

among other things, a requirement that

thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom and Spanish Pure Breed

horses from Spain that are presented for

permanent entry into the United States

be accompanied by a health certificate.

Under § 93.301(d)(1)(ii), the health

certificate accompanying such horses

must certify, among other things, that

since reaching 731 days of age, the

horses have not been on breeding

premises in the exporting region. This

requirement is intended to protect

against the introduction of CEM into the

United States by ensuring that only

virgin thoroughbred and Spanish Pure

Breed horses from countries where CEM

exists or may exist are eligible for

importation into the United States

under the requirements in § 93.301(d).

Since CEM is a venereal disease that is

spread primarily by sexual contact

between horses, we believe that

allowing only virgin thoroughbred and

Spanish Pure Breed horses to enter the

United States greatly reduces the risk

that thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom and Spanish Pure Breed

horses from Spain could introduce CEM

into the United States.

69238 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Rules and Regulations

This requirement has not proven to be

burdensome to exporters of

thoroughbred horses because

thoroughbreds are not, by standard

practice, kept on breeding premises.

However, we have been informed that

Spanish Pure Breed horses in Spain are

typically kept on premises where some

breeding may occur. Because of this,

horses from such premises cannot be

certified as not having been on a

breeding premises since reaching 731

days of age. The Government of Spain

has requested that we amend the

regulations in § 93.301(d)(1)(ii) to

provide an alternative set of

requirements that take into account this

standard industry practice in Spain.

After considering the Spanish

Government’s request, we are removing

the requirement that the health

certificate accompanying Spanish Pure

Breed horses must certify, among other

things, that since reaching 731 days of

age, the horses have not been on

breeding premises in the exporting

region. Rather, we will require that the

health certificate accompanying Spanish

Pure Breed horses specify that, since

reaching 731 days of age:

• Each horse has never been on a

farm that is exclusively a breeding

premises,

• Each horse has never been bred,

• Breeding of each horse has never

been attempted, and

• Each horse has never been

commingled and left unattended with

adult horses of the opposite sex.

We believe that these four requirements

are adequate and necessary to ensure

that any Spanish Pure Breed horses

from Spain that are imported into the

United States are virgin horses that

present a minimal risk of introducing or

disseminating CEM into the United

States. Thus, from a disease exclusion

and risk reduction standpoint, this

change accomplishes what we intended

in the August 1, 2000, final rule while

making compliance with the regulations

easier for persons exporting Spanish

Pure Breed horses from Spain to the

United States.

This rule will have no effect on the

existing requirements for thoroughbred

horses imported from France, Germany,

Ireland, and the United Kingdom.

In this document, we are also

correcting the name of the breed

association in Spain that is specifically

approved by the U.S. Department of

Agriculture to provide factual, current

information regarding the activities of

Spanish Pure Breed horses for the

purposes of § 93.301(d). In the final rule

mentioned above, we identified the

breed association in Spain as ‘‘Servicio

de Cria Caballar y Remonta.’’ The

correct name of the Spanish breed

association is ‘‘Jefatura de Cria Caballar

Registro Matricula.’’

Immediate Action

Immediate action is necessary to

relieve restrictions on the importation of

Spanish Pure Breed horses into the

United States. When we established the

existing requirements for the

importation of Spanish Pure Breed

horses from Spain, we did not anticipate

that compliance with the requirements

would be problematic for exporters of

those horses. We believe that the

changes reflected in this document will

relieve unnecessary restrictions while

continuing to protect against the

introduction of CEM into the United

States. Under these circumstances, the

Administrator has determined that prior

notice and opportunity for public

comment are contrary to the public

interest and that there is good cause

under 5 U.S.C. 553 for making this rule

effective less than 30 days after

publication in the Federal Register.

We will consider comments that are

received within 60 days of publication

of this rule in the Federal Register.

After the comment period closes, we

will publish another document in the

Federal Register. The document will

include a discussion of any comments

we receive and any amendments we are

making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

On August 1, 2000, we published in

the Federal Register (65 FR 46859–

46861, Docket No. 99–054–2) a final

rule that amended the animal

importation regulations by allowing

Spanish Pure Breed horses to be

imported from Spain into the United

States under the same conditions that

had previously applied only to

thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom. At that time, we conducted a

regulatory flexibility analysis for the

rule that determined that the rule would

not have a significant economic impact

on a substantial number of small

entities. This rule has the same intended

effect as the August 1, 2000, final rule,

and simply amends the certification

requirements for Spanish Pure Breed

horses from Spain by providing a

different means of certifying that those

horses offered for entry into the United

States have not been bred. Therefore,

this rule will not result in any economic

impacts other than those identified in

the August 1, 2000, final rule.

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 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 new

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, we are amending 9 CFR

part 93 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, 136, and 136a; 31 U.S.C.

9701; 7 CFR 2.22, 2.80, and 371.4.

2. In § 93.301, paragraph (d)(1)(ii) is

amended as follows:

a. In paragraph (d)(1)(ii), in the

introductory text, second sentence, by

removing the word ‘‘shall’’ and adding

the word ‘‘must’’ in its place.

b. By revising paragraph (d)(1)(ii)(B)

to read as follows:

§ 93.301 General Prohibitions; exceptions.

* * * * *

(d) * * *

(1) * * *

(ii) * * *

(B) He or she has examined the

records of the horse’s activities

maintained by a breed association

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Rules and Regulations 69239

6The following breed associations and their

record systems have been approved by the

Department: Jefatura de Cria Caballar Registro

Matricula for Spain; Weatherby’s Ltd. for the United

Kingdom and Ireland; Haras du Pain for France; and

Direktorium fu ̈r Vollblutzucht und Rennen e.v. for

Germany.

specifically approved by the

Department 6 and certified by the breed

association to be current, true, and

factual for the following information:

(1) Identification of the horse by

name, sex, age, breed, and all

identifying marks;

(2) Identification of all premises

where the horse has been since reaching

731 days of age and the dates that the

horse was at such premises;

(3) For thoroughbred horses, that none

of the premises where the horse has

been since reaching 731 days of age are

breeding premises; and

(4) For Spanish Pure Breed horses

from Spain, that since reaching 731 days

of age:

(i) The horse has never been on a

premises that is exclusively a breeding

premises;

(ii) The horse has never been bred;

(iii) Breeding of the horse has never

been attempted; and

(iv) The horse has never been

commingled and left unattended with

adult horses of the opposite sex;

* * * * *

Done in Washington, DC, this 9th day of

November 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–29365 Filed 11–15–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–325–AD; Amendment

39–11948; AD 2000–22–02 R1]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects

information in an existing airworthiness

directive (AD) that applies to all Boeing

Model 737 series airplanes. That AD

supersedes AD 99–05–15, amendment

39–11063, to require revising the FAAapproved Airplane Flight Manual

(AFM) procedure in the existing AD to

simplify the instructions for correcting a

jammed or restricted flight control

condition. This document corrects the

format for certain AFM material

described in that AD. This correction is

necessary to ensure that the flightcrew

is aware of certain critical recall items

in the AFM procedure that are necessary

to address a condition involving a

jammed or restricted rudder.

DATES: Effective November 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Steve O’Neal, Aerospace Engineer,

Flight Test Branch, ANM–160S, Seattle

Aircraft Certification Office, FAA, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2699;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On

October 20, 2000, the Federal Aviation

Administration (FAA) issued AD 2000–

22–02, amendment 39–11948 (65 FR

64134, October 26, 2000), which applies

to all Boeing Model 737 series airplanes.

That AD supersedes AD 96–26–07,

amendment 39–9871 (62 FR 15, January

2, 1997), to require revising the FAAapproved Airplane Flight Manual

(AFM) procedure in the existing AD to

simplify the instructions for correcting a

jammed or restricted flight control

condition. That AD was prompted by an

FAA determination that the procedure

currently inserted in the AFM by the

existing AD is not defined adequately.

The actions required by that AD are

intended to ensure that the flight crew

is advised of the procedures necessary

to address a condition involving a

jammed or restricted rudder.

Need for the Correction

Information obtained recently by the

FAA indicates that certain AFM

material described in AD 2000–22–02

was incorrectly formatted.

The FAA has determined that a

correction to the published format of the

AFM procedure specified in paragraph

(b) of that AD is necessary. The

procedure contains critical recall

(memory) items. The first two

procedural steps, which call for

disengagement of the autopilot and

autothrottle, and their associated text,

are recall items. In standard operational

materials, recall items are indicated to

the flight crew by specifying the

information in a text box. Any

duplication of this procedure in

operational documentation must reflect

the recall nature of these items.

Therefore, paragraph (b) of this AD has

been revised to reference Figure 1 of this

AD, which contains the correct format

in order to emphasize these recall items.

The correction will ensure that the

flightcrew is aware of the critical recall

items in the AFM procedure described

in that AD that are necessary to address

a condition involving a jammed or

restricted rudder.

Correction of Publication

This document corrects the error and

correctly adds the AD as an amendment

to § 39.13 of the Federal Aviation

Regulations (14 CFR 39.13).

The AD is reprinted in its entirety for

the convenience of affected operators.

The effective date of the AD remains

November 13, 2000.

Since this action only corrects a

formatting error, it has no adverse

economic impact and imposes no

additional burden on any person.

Therefore, the FAA has determined that

notice and public procedures are

unnecessary.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Correction

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Corrected]

2. Section 39.13 is amended by

correctly adding the following

airworthiness directive (AD):

2000–22–02 R1 Boeing: Amendment 39–

11948. Docket 2000–NM–325–AD.

Applicability: All Model 737 series

airplanes, certificated in any category.

Compliance: Required as indicated, unless

accomplished previously.

To ensure that the flight crew is advised of

the procedures necessary to address a

condition involving a jammed or restricted

rudder, accomplish the following:

Restatement of Certain Requirements of AD

96–26–07

(a) Within 30 days after January 17, 1997

(the effective date of AD 96–26–07,

amendment 39–9871): Revise the Emergency

Procedures Section of the FAA-approved

Airplane Flight Manual (AFM) to include the

following recall item, which will enable the

flight crew to take appropriate action to

maintain control of the airplane during an

uncommanded yaw or roll condition. This

may be accomplished by inserting a copy of

this AD in the AFM.

‘‘UNCOMMANDED YAW OR ROLL

RECALL