Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9611

this action will have a negative

economic impact on the few existing

export inspection facilities without

drainage systems or 12 foot high ceilings

in inspection areas for horses.

Information was not available to us

for determining the economic impact of

requiring that water drainage systems be

installed in facilities not already so

equipped. However, we are trying to

minimize any economic impact by

allowing these facilities 2 years from the

effective date of the final version of this

rule to install water drainage systems.

Allowing these facilities 2 years to

install the water drainage systems will

ease the economic impact of this new

standard, as affected facilities will have

additional time to shop for different

drainage system options and will be

able to spread out the costs of

installation. We did not receive any

comments objecting to our requiring a

water drainage system.

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 12778

This rule has been reviewed under

Executive Order 12778, 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 document 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 91

Animal diseases, Animal welfare,

Exports, Livestock, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 91 is

amended as follows:

PART 91—INSPECTION AND

HANDLING OF LIVESTOCK FOR

EXPORTATION

1. The authority citation for part 91

continues to read as follows:

Authority: 21 U.S.C. 105, 112, 113, 114a,

120, 121, 134b, 134f, 136, 136a, 612, 613,

614, and 618; 46 U.S.C. 466a and 466b; 49

U.S.C. 1509(d); 7 CFR 2.17, 2.51, and

371.2(d).

§ 91.3 [Amended]

2. In § 91.3, paragraph (a), the third

sentence is amended by removing the

phrase ‘‘sound, healthy,’’ and adding

the word ‘‘healthy’’ in its place.

3. Section 91.14 is amended as

follows:

a. Paragraph (c)(2) is amended by

adding a new sentence at the end of the

paragraph to read as set forth below.

b. Paragraph (c)(4) is amended by

adding three new sentences at the end

of the paragraph to read as set forth

below.

c. Paragraph (c)(5) is amended by

adding the word ‘‘running,’’

immediately following the phrase ‘‘An

ample supply of’’ in the first sentence.

d. Paragraph (c)(11) is amended by

adding a new sentence at the end of the

paragraph to read as set forth below.

e. A new paragraph (c)(12) is added to

read as set forth below.

§ 91.14 Ports of embarkation and export

inspection facilities.

* * * * *

(c) * * *

(2) * * * Facilities that inspect horses

must have ceilings at least 12 feet high

in any areas where horses are inspected.

* * * * *

(4) * * * All facilities must have

running water available to wash and

disinfect the facilities. On and after

March 23, 1995, facilities to be

approved must have a drainage system;

and, on and after March 23, 1997, every

facility approved before March 23, 1995

must have a drainage system. The

drainage system must control surface

drainage into or from the facility in a

manner that prevents any significant

risk of livestock diseases being spread

into or from the facility.

* * * * *

(11) * * * The facility must have a

working telephone.

(12) Walkways. Facilities where

horses are inspected must have

walkways in front of horse stalls wide

enough to allow APHIS personnel to

safely remove horses from the stalls for

inspection, if necessary.

§ 91.15 [Amended]

8. In § 91.15, paragraph (a), the phrase

‘‘within 24 hours of embarkation’’ is

added immediately following the phrase

‘‘shall be inspected’’.

Done in Washington, DC, this 14th day of

February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4177 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 92

[Docket No. 94–097–2]

Horses From Spain; Change in Disease

Status

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations concerning the importation

of horses to remove Spain from the list

of countries in which African horse

sickness exists. We have determined

that Spain is free of African horse

sickness, and that restrictions on the

importation of horses from Spain to

prevent the spread of African horse

sickness into the United States are no

longer necessary. This action relieves

unnecessary restrictions on the

importation of horses from Spain.

EFFECTIVE DATE: March 8, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Staff Veterinarian, Animal

and Plant Health Inspection Service,

Veterinary Services, Import/Export

Products, 4700 River Road Unit 40,

Riverdale, MD 20737–1231; (301) 734–

7834.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92

(referred to below as the regulations)

state the provisions for the importation

into the United States of specified

animals to prevent the introduction of

various animal diseases, including

African horse sickness (AHS). AHS, a

fatal equine viral disease, is not known

to exist in the United States. Section

92.308(a)(2) of the regulations lists

countries that the Animal and Plant

Health Inspection Service (APHIS)

considers affected with AHS, and sets

forth specific requirements for horses

which are imported from those

countries. APHIS requires horses

intended for importation from any of the

countries listed, including horses that

have stopped in or transited those

countries, to enter the United States

only at the port of New York and be

quarantined at the New York Animal

Import Center in Newburgh, NY, for at

least 60 days.
9612 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations

On October 31, 1994, we published in

the Federal Register (59 FR 54398–

54399, Docket No. 94–097–1) a proposal

to amend the regulations by removing

Spain from the list of countries in

§ 92.308(a)(2), which APHIS considers

affected with AHS.

We solicited comments concerning

our proposal for 60 days ending

December 30, 1994. We did not receive

any comments. The facts presented in

the proposed rule still provide the basis

for this final rule.

Therefore, based on the rationale set

forth in the proposed rule, we are

adopting the provisions of the proposal

as a final rule without change.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the

provisions of 5 U.S.C. 553, may be made

effective less than 30 days after

publication in the Federal Register.

This rule relieves restrictions which

require horses imported from Spain to

enter the United States only at the port

of New York and be quarantined at the

New York Animal Import Center in

Newburgh, NY, for at least 60 days. This

rule allows horses from Spain to be

shipped to and quarantined at ports

designated in § 92.303, and reduces the

quarantine period to an average of three

days to meet the quarantine and testing

requirements specified in § 92.308.

Therefore, the Administrator of the

Animal and Plant Health Inspection

Service has determined that this rule

should be made effective 15 days after

publication in the Federal Register.

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.

This rule amends the regulations in

part 92 by removing Spain from the list

of countries that APHIS considers

affected with AHS. This action relieves

unnecessary restrictions on the

importation of horses from Spain. The

primary impact of this rule will be on

U.S. importers of horses from Spain,

none of whom can be considered a

small entity. These importers will no

longer be required to quarantine horses

from Spain for 60 days at the New York

Animal Import Center in Newburgh,

NY. The rule will allow horses from

Spain to be shipped to and quarantined

at ports designated in § 92.303, and will

reduce the quarantine and testing period

to an average of three days to meet

quarantine requirements specified in

§ 92.308.

The number of horses imported from

Spain each year is extremely small. In

1993, the United States imported 20,715

horses, mules, and burros, of which

only nine came from Spain. Removing

the requirement for a 60-day quarantine

at the New York Animal Import Center

in Newburgh, NY, for horses from Spain

will make the importation of these

horses less expensive and logistically

easier. We anticipate that the number of

horses imported from Spain may

slightly increase. However, with the

very small number of horses imported

from Spain, we anticipate the overall

economic impact on businesses and

individuals will be minimal.

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 12778

This rule has been reviewed under

Executive Order 12778, 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 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 92 is

amended as follows:

PART 92—IMPORTATION OF CERTAIN

ANIMALS AND POULTRY AND

CERTAIN ANIMAL AND POULTRY

PRODUCTS; INSPECTION AND OTHER

REQUIREMENTS FOR CERTAIN

MEANS OF CONVEYANCE AND

SHIPPING CONTAINERS THEREON

1. The authority citation for part 92

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 2.17, 2.51, and 371.2(d).

§ 92.308 [Amended]

2. In § 92.308, paragraph (a)(2) is

amended by removing ‘‘Spain,’’.

Done in Washington, DC, this 14th day of

February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4176 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–P

EXPORT-IMPORT BANK OF THE

UNITED STATES

12 CFR Part 409

Environmental Review Procedures

AGENCY: Export-Import Bank of the

United States.

ACTION: Final rule.

SUMMARY: As part of the implementation

of 1992 amendments to the Charter of

the Export-Import Bank (‘‘Ex-Im Bank’’),

Ex-Im Bank is removing its existing

environmental regulations at 12 CFR

part 409.

EFFECTIVE DATE: The removal of 12 CFR

part 409 is effective as of February 21,

1995.

FOR FURTHER INFORMATION CONTACT:

Popi Artavanis, Export-Import Bank of

the United States, Engineering and

Environment Division, 811 Vermont

Ave. NW., Washington, DC 20571, tel.

(202) 565–3570.

SUPPLEMENTARY INFORMATION: Section

106 of the Export Enhancement Act (12

U.S.C. 635i–5) (‘‘Section 106’’) provides

that Ex-IM Bank shall establish

environmental review procedures

consistent with the Bank’s overall

mandate to maintain U.S. export

competitiveness. The procedures to be

issued under Section 106 are intended

to inform relevant decision-makers of

potential beneficial and adverse

environmental effects of goods and

services for which financing is

requested, so that such information will

be taken into account in the decision to

grant or withhold financing. Section 106

also grants the Ex-Im Bank Board of

Directors explicit authority to withhold

financing in a particular transaction

solely for environmental reasons.

Ex-Im Bank is removing the

regulations at title 12, chapter IV, of the

Code of Federal Regulations, part 409

(promulgated under E.O. 12114), which

were issued in 1979. In place of these

regulations, the Ex-Im Bank Board of

Directors has approved a set of

Environmental Procedures and

Guidelines after informal consultations

with exporters, environmental groups,

and other government agencies. The

new procedures and guidelines will be

effective on a one-year trial basis until