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

40007

Vol. 63, No. 143

Monday, July 27, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 93

[Docket No. 98–059–1]

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.

SUMMARY: We are amending the animal

importation regulations by adding

Georgia 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 Georgia 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

September 25, 1998, unless we receive

written adverse comments or written

notice of intent to submit adverse

comments on or before August 26, 1998.

ADDRESSES: Please send an original and

three copies of any adverse comments or

notice of intent to submit adverse

comments to Docket No. 98–059–1,

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. 98–059–1.

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:

dvogt@aphis.usda.gov.

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. In § 93.301,

paragraph (c)(1) prohibits the

importation of horses into the United

States from certain regions were

contagious equine metritis (CEM) exists.

Paragraph (c)(2) lists categories of horses

that are excepted from this prohibition,

including, in § 93.301(c)(2)(vi), horses

over 731 days of age imported for

permanent entry if the horses meet the

requirements of § 93.301(e).

One of the requirements in § 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

§ 93.301(h)(6), for stallions, or in

§ 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 § 93.301(e) of the regulations.

Georgia has entered into a written

agreement with the Administrator of

APHIS and has agreed to comply with

all the requirements in § 93.301(e) for

importing mares and stallions over 731

days old from regions where CEM

exists. This direct final rule will,

therefore, add Georgia to the lists of

States in §§ 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 document 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

Georgia annually from regions where

CEM exists. Approximately 200–300

mares and stallions over 731 days old
40008 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

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. 1305;

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).

§ 93.301 [Amended]

2. Section 93.301 is amended as

follows:

a. In paragraph (h)(6), by adding, in

alphabetical order, ‘‘The State of

Georgia’’.

b. In paragraph (h)(7), by adding, in

alphabetical order, ‘‘The State of

Georgia’’.

Done in Washington, DC, this 22 day of

July, 1998.

Charles P. Schwable,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–19995 Filed 7–24–98; 8:45 am]

BILLING CODE 3410–34–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 145

[Docket No. 97–043–2]

National Poultry Improvement Plan;

Special Provisions for Ostrich

Breeding Flocks and Products

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the National

Poultry Improvement Plan (the Plan) to

provide for the participation of ostrich

breeding flocks in the provisions of the

Plan. The addition of provisions for

ostrich breeding flocks to the Plan was

voted on and approved by the voting

delegates at the Plan’s 1996 National

Plan Conference. Adding provisions for

ostriches to the Plan will make it

possible for the owners of ostrich flocks

to voluntarily participate in the Plan’s

programs for the prevention and control

of egg-transmitted, hatcherydisseminated poultry diseases.

EFFECTIVE DATE: August 26, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Andrew R. Rhorer, Senior Coordinator,

Poultry Improvement Staff, National

Poultry Improvement Plan, Veterinary

Services, APHIS, USDA, 1498 Klondike

Road, Suite 200, Conyers, GA 30094–

5104; (770) 922–3496; E-mail:

arhorer@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The National Poultry Improvement

Plan (referred to below as ‘‘the Plan’’) is

a cooperative Federal-State-industry

mechanism for controlling certain

poultry diseases. The Plan consists of a

variety of programs intended to prevent

and control egg-transmitted, hatcherydisseminated poultry diseases.

Participation in all Plan programs is

voluntary, but flocks, hatcheries, and

dealers must qualify as U.S. PullorumTyphoid Clean before participating in

any other Plan program. Also, the

regulations in 9 CFR part 82, subpart C,

which provide for certain testing,

restrictions on movement, and other

restrictions on certain chickens, eggs,

and other articles due to the presence of

Salmonella enteritidis, require that no

hatching eggs or newly hatched chicks

from egg-type chicken breeding flocks

may be moved interstate unless they are

classified U.S. S. Enteritidis Monitored

under the Plan, or they meet the

requirements of a State classification

plan that the Administrator of the

Animal and Plant Health Inspection

Service (APHIS) has determined to be

equivalent to the Plan, in accordance

with 9 CFR 145.23(d).

The Plan identifies States, flocks,

hatcheries, and dealers that meet certain

disease control standards specified in

the Plan’s various programs. As a result,

customers can buy poultry that has

tested clean of certain diseases or that

has been produced under diseaseprevention conditions.

The regulations in 9 CFR part 145

(referred to below as the regulations)

contain the general provisions of the

Plan (subpart A, §§ 145.1 through

145.14) and special provisions regarding

the participation of breeding flocks of

egg-type chickens (subpart B, §§ 145.21

through 145.24), meat-type chickens

(subpart C, §§ 145.31 through 145.34),

turkeys (subpart D, §§ 145.41 through

145.44), and waterfowl, exhibition

poultry, and game birds (subpart E,

§§ 145.51 through 145.54).

On March 12, 1998, we published in

the Federal Register (63 FR 12036–

12040, Docket No. 97–043–1) a proposal

to amend the regulations to add a new

subpart F to provide for the

participation of ostrich breeding flocks

and their products. That proposed

amendment had been recommended by

the voting delegates to the National Plan

Conference that was held from June 30

to July 2, 1996.

We solicited comments concerning

our proposal for 60 days ending May 11,

1998. We did not receive any comments.

Therefore, for the reasons given in the

proposed rule, we are adopting the

proposed rule as a final rule without

change.

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