Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Proposed Rules 9633

would be affected by its provisions than

we had initially anticipated. Therefore,

we are withdrawing the November 12,

1993, proposed rule referenced above.

The concerns and recommendations of

all the commenters will be considered

during the development of any new

proposed regulations that would affect

the interstate movement of Mexicanorigin cattle.

Authority: 21 U.S.C. 111–113, 114a, 114a–

1, 115–117, 120–126, 134b, and 134f; 7 CFR

2.17, 2.51, and 371.2(d).

Done in Washington, DC, this 13th day of

February 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4179 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 94

[Docket No. 94–058–1]

Importation of Wild Turkey Carcasses

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations concerning imported

animal products to allow wild turkey

carcasses from countries where Exotic

Newcastle disease is considered to exist

to be brought into the United States if

the head, feet, and viscera of the wild

turkeys have been removed. Currently,

wild turkey carcasses must be cooked

before they may be imported. However,

we have determined that wild turkey

carcasses, once the head, feet, and

viscera have been removed, may be

imported into the United States without

risk of introducing disease. This

proposed change in the regulations

would reduce restraints on hunters who

wish to bring wild turkey carcasses into

the United States.

DATES: Consideration will be given only

to comments received on or before April

24, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 94–058–1, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238. Comments 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 are

requested to call ahead on (202) 690–

2817 to facilitate entry into the

comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

John Gray, Senior Staff Veterinarian,

Animal and Plant Health Inspection

Service, Veterinary Services, Import/

Export Products, 4700 River Road Unit

40, Riverdale, MD 20737–1231, (301)

734–7885.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation into the United

States of specified animals, birds, and

poultry, and animal, bird, and poultry

products to prevent the introduction

into the United States of various

diseases of livestock and poultry.

Currently, the regulations in

§ 94.6(c)(3), (c)(4), and (c)(5) require that

carcasses, and parts or products of

carcasses, of poultry, game birds, or

other birds, may be imported from

countries where exotic Newcastle

disease (VVND) is considered to exist

only under certain conditions.

VVND is considered to exist in

Mexico. Hunters have requested that

they be allowed to return to the United

States from Mexico with fresh killed

turkey. Currently, the regulations

require that turkeys from Mexico and

other countries where VVND is

considered to exist be cooked, packed in

hermetically sealed containers and

cooked, or imported under a permit.

However, the regulations provide that

game birds (defined in § 94.0 as

‘‘Migratory birds, including certain

ducks, geese, pigeons, and doves’’) may

be imported without cooking or permit

if they have been eviscerated, and the

heads and feet have been removed.

When the turkeys are cooked for later

consumption, any VVND virus in the

meat will be destroyed. Viscera, heads,

and feet for these game birds may not

be imported into the United States,

since VVND may be spread by these

parts. The Animal and Plant Health

Inspection Service (APHIS) has

determined that turkeys may also be

imported without presenting any

significant disease risk if the head, feet,

and viscera of the turkey are removed

before the carcass is presented for entry

into the United States.

We propose, therefore, to add wild

turkeys to the definition of game birds

in § 94.0, and to allow wild turkey

carcasses with heads, feet, and viscera

removed to be imported from countries

where VVND is considered to exist

without further restriction. We also

propose to amend the definition of

poultry in § 94.0 to clarify that, when

turkey is commercial, domestic, or penraised, it would be poultry under the

regulations (as opposed to a wild turkey,

which would be a game bird).

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be not

significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

This proposed rule change would

affect individual hunters who bring

wild turkey carcasses into the United

States from countries where VVND

exists. This would primarily involve

individuals who hunt wild turkeys in

Mexico, since we are not aware of any

significant interest in bringing wild

turkey carcasses into the United States

from other countries where VVND

exists. Most hunters from the United

States who hunt wild turkey in Mexico

hunt the Gould turkey (a subspecies not

found in the United States) or the Rio

Grande turkey. It is estimated that

between 50 and 100 wild turkey

carcasses are brought into the United

States from Mexico annually, by less

than 50 U.S. hunters. There are a

minimal number of small businesses

that assist U.S hunters in booking

Mexican guides for these turkey-hunting

trips, and booking the trips is only a

minor part of their business.

Currently, hunters must cook the wild

turkey carcasses before bringing them

into the United States from Mexico.

This proposed rule would give hunters

the option of not cooking the wild

turkeys if they remove the head, feet,

and viscera. We do not anticipate a

significant increase in the number of

either U.S. hunters of wild Mexican

turkeys, or wild turkey carcasses

imported into the United States, as a

result of this proposed rule.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.
9634 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Proposed Rules

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 94 would be

amended as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), VELOGENIC

VISCEROTROPIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

would continue to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR

2.17, 2.51, and 371.2(d).

§ 94.0 [Amended]

2. In § 94.0, the definition for Game

birds would be amended by adding ‘‘,

and wild turkeys’’ immediately

following the word ‘‘pheasants’’.

3. In § 94.0, the definition for Poultry

would be amended by removing

‘‘turkeys,’’ immediately following

‘‘Chickens,’’ and adding ‘‘turkeys,’’

immediately following ‘‘pen-raised’’.

Done in Washington, DC, this 13th day of

February 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4178 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Chapter I

Issuance of Report on the NRC

Regulatory Agenda

AGENCY: Nuclear Regulatory

Commission.

ACTION: Issuance of NRC Regulatory

Agenda.

SUMMARY: The Nuclear Regulatory

Commission (NRC) has issued the NRC

Regulatory Agenda for the period

covering July through December, of

1994. This agenda provides the public

with information about NRC’s

rulemaking activities. The NRC

Regulatory Agenda is a compilation of

all rules on which the NRC has recently

completed action, or has proposed

action, or is considering action, and of

all petitions for rulemaking that the

NRC has received that are pending

disposition. Issuance of this publication

is consistent with Section 610 of the

Regulatory Flexibility Act.

ADDRESSES: A copy of this report,

designated NRC Regulatory Agenda

(NUREG–0936), Vol. 13, No. 3, is

available for inspection, and copying for

a fee, at the Nuclear Regulatory

Commission’s Public Document Room,

2120 L Street NW. (Lower Level),

Washington, DC.

In addition, the U.S. Government

Printing Office (GPO) sells the NRC

Regulatory Agenda. To purchase it, a

customer may call (202) 512–2249 or

write to the Superintendent of

Documents, U.S. Government Printing

Office, Post Office Box 37082,

Washington, DC 20013–7082.

FOR FURTHER INFORMATION CONTACT:

Michael T. Lesar, Chief, Rules Review

Section, Rules Review and Directives

Branch, Division of Freedom of

Information and Publications Services,

Office of Administration, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555, Telephone: (301) 415–7163,

toll-free number (800) 368–5642.

Dated at Rockville, Maryland, this 1st day

of February 1995.

For the Nuclear Regulation Commission.

Michael T. Lesar,

Acting Chief, Rules Review and Directives

Branch, Division of Freedom of Information

and Publications Services, Office of

Administration.

[FR Doc. 95–4168 Filed 2–17–95; 8:45 am]

BILLING CODE 7590–01–M

10 CFR Part 50

RIN 3150–AF00

Primary Reactor Containment Leakage

Testing for Water-Cooled Power

Reactors

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission is proposing to amend its

regulations to provide a performancebased option for leakage rate testing of

containments of light-water-cooled

nuclear power plants. This option will

be available for voluntary adoption by

licensees, in lieu of compliance with the

current prescriptive requirements

contained in the current regulation. This

action is aimed at improving the focus

of the regulations by eliminating

prescriptive requirements that are

marginal to safety. The proposed rule

would allow test intervals to be based

on system and component performance,

and provide licensees greater flexibility

for cost-effective implementation

methods of regulatory safety objectives.

DATES: Submit comments by May 8,

1995. Comments received after this date

will be considered if it is practical to do

so, but the Commission is able to assure

consideration only for comments

received on or before this date.

ADDRESSES: Send comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

ATTN: Docketing and Service Branch.

Hand deliver comments to: 11555

Rockville Pike, Rockville, Maryland,

between 7:45 a.m. and 4:15 p.m. Federal

workdays.

Comments may be submitted

electronically, in either ASCII text or

Wordperfect format (version 5.1 or

later), by calling the NRC Electronic

Bulletin Board on FedWorld. The

bulletin board may be accessed using a

personal computer, a modem, and one

of the commonly available

communications software packages, or

directly via Internet. Background

documents on the rulemaking are also

available for downloading and viewing

on the bulletin board.

If using a personal computer and

modem, the NRC subsystem on

FedWorld can be accessed directly by

dialing the toll free number: 1–800–

303–9672. Communication software

parameters should be set as follows:

Parity to none, data bits to 8, and stop

bits to 1 (N,8,1). Using ANSI or VT–100

terminal emulation, the NRC

rulemaking subsystems can then be

accessed by selecting the ‘‘Rules Menu’’

option from the ‘‘NRC Main Menu.’’ For

further information about options

available for NRC at FedWorld consult

the ‘‘Help/Information Center’’ from the

‘‘NRC Main Menu.’’ Users will find the

‘‘FedWorld Online User’s Guides’’

particularly helpful. Many NRC

subsystems and databases also have a

‘‘Help/Information Center’’ option that

is tailored to the particular subsystem.

The NRC subsystem on FedWorld can

also be accessed by a direct dial phone

number for the main FedWorld BBS:

703–321–8020; Telnet via Internet:

fedworld.gov (192.239.93.3); File

Transfer Protocol (FTP) via Internet:

ftp.fedworld.gov (192.239.92.205); and

World Wide Web using: http://