Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 13929

List of Subjects in 7 CFR Part 1940

Endangered and threatened wildlife,

Environmental protection, Floodplains,

National Wild and Scenic Rivers

System, Natural resources, Recreation,

Water supply.

Accordingly, the Agencies propose to

amend chapter XVIII, title 7, Code of

Federal Regulations as follows.

PART 1940—GENERAL

1. The authority citation for part 1940

continues to read as follows:

Authority: 7 U.S.C. 1989; 42 U.S.C. 1480;

5 U.S.C. 301; 7 CFR 2.23 and 2.70.

Subpart G—Environmental Program

2. Section 1940.331 is amended by

revising paragraph (b)(4) to read as

follows:

1940.331 Public involvement.

* * * * *

(b) * * *

(4) The public notice procedures for

actions that will affect floodplains,

wetlands, important farmland, prime

rangelands, or prime forest lands are

contained in exhibit C of this subpart.

These procedures apply to actions that

require either an EIS, Class II

assessment or Class I assessment.

However, whenever an action normally

classified as a categorical exclusion

requires a Class I assessment because of

a potential impact to one of these

important land resources, no public

notice procedures apply in the course of

completing the Class I assessment.

When applicable to an action, as

specified in exhibit C of this subpart,

these public notice procedures can

apply at two distinct stages. The first

stage, a preliminary notice, is followed

by a 30 day public review period, and

applies to actions that may impact any

of the five important land resources.

The second stage, a final notice, is

followed by a fifteen-day public review

period, and applies only to actions that

will impact floodplains or wetlands. For

Class II actions, this final notice

procedure must be combined with any

applicable finding of no significant

environmental impact, which is

described in paragraph (b)(3) of this

section. Individual copies of the

preliminary and final notices will be

sent to the same parties that are required

to be sent a notice of a finding of no

significant impact, as specified in

paragraph (b)(3) of this section, with the

following exceptions:

(i) Whenever property owners affected

by proposed mitigation measures, such

as proposed hook-up restrictions on

portions of water or sewer lines that will

traverse floodplains, are advised of

these proposed mitigation measures in a

preliminary notice, these property

owners need not be sent copies of the

final notice as long as the mitigation

measures in the final notice are

unchanged from the preliminary notice

and no property owners raised

objections or concerns over the

proposed mitigation measures.

(ii) With respect to utility systems,

notification of affected property owners

will normally be achieved by

distributing an individual copy of the

public notice. However, when the SEC

determines that this method would

result in an excessive burden on the

applicant, notification may be achieved

by another method or a combination of

methods tailored to the specific needs of

the particular case. For example, in lieu

of being individually identified, affected

property owners may be notified by a

mass mailing to all of the taxpayers in

each of the taxing areas through which

the system will pass. On the other hand,

if the system traverses coterminous

taxing areas, with the smaller area not

completely describing the service area

of the utility system, affected property

owners might be notified by a mass

mailing to the small taxing area plus

identifying the remaining affected

property owners to receive an

individual copy. The objective is to

notify all property owners affected by

the action and offer them an

opportunity to comment on the action.

If affected property owners are not

individually notified, the SEC shall

document as part of the environmental

review file, why individual notification

is not being used and what other

methods will be used to achieve the

stated objective.

* * * * *

Dated: February 27, 1995.

Michael V. Dunn,

Acting Under Secretary for Rural Economic

and Community Development.

[FR Doc. 95–6366 Filed 3–14–95; 8:45 am]

BILLING CODE 3410–07–U

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 95–014–1]

Horses From the United Arab

Emirates; Change in Disease Status

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations concerning the

importation of horses to remove the

United Arab Emirates from the list of

countries in which African horse

sickness exists. We believe that the

United Arab Emirates is free of African

horse sickness, and that restrictions on

the importation of horses from the

United Arab Emirates to prevent the

spread of African horse sickness into the

United States are no longer necessary.

This action would relieve unnecessary

restrictions on the importation of horses

from the United Arab Emirates.

DATES: Consideration will be given only

to comments received on or before

March 30, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–014–1, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1228. Please state that your comments

refer to Docket No. 95–014–1.

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 Cougill, Staff Veterinarian, Animal

and Plant Health Inspection Service,

Veterinary Services, National Center for

Import and Export, Import/Export

Products, 4700 River Road Unit 40,

Riverdale, MD 20737–1228.

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.
13930 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

The United Arab Emirates (UAE) has

applied to the United States Department

of Agriculture to be recognized as free

from AHS. The UAE’s last diagnosed

case of AHS was over 29 years ago. The

UAE has been testing horses for AHS.

Additionally, they have an active

surveillance program to monitor for

AHS.

APHIS has reviewed the

documentation submitted by the

Government of the UAE in support of its

request. APHIS officials also performed

on-site inspections of the UAE’s

surveillance program and veterinary

infrastructure. APHIS officials reviewed

the qualifications of the UAE’s

veterinarians, microbiologists, and

histopathologists. APHIS officials

inspected the virology, parasitology, and

bacteriology lab facilities at the Central

Veterinary Research Laboratory in

Dubai. Additionally, APHIS officials

evaluated the UAE’s import-export

practices, including airports, border

crossings, and quarantine facilities. The

airports and border crossings are tightly

controlled with adequate fencing and

other physical barriers to control entry

into the UAE. The APHIS officials

conducting the on-site evaluation

concluded that the veterinary

infrastructure, laboratory facilities, and

import-export practices are effective and

contribute to the AHS-free status of the

UAE.

Based on the information discussed

above, we believe that the UAE qualifies

for removal from the list of countries, in

§ 92.308(a)(2) of the regulations, which

APHIS considers affected with AHS.

This proposed action would relieve

restrictions which require horses

imported from the UAE 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

proposed action would allow horses

from the UAE to be shipped to and

quarantined at ports designated in

§ 92.303, and would reduce the

quarantine period to an average of 3

days to meet the quarantine and testing

requirements specified in § 92.308.

Comment Period

The Administrator of the Animal and

Plant Health Inspection Service has

determined that this rulemaking

proceeding should be expedited by

allowing a 15-day comment period on

this proposal. U.S importers have

requested that this rulemaking be

completed in time to allow them to

import horses from the UAE for this

year’s Kentucky Derby, to be held May

6, 1995. The comment period would

allow the agency to promulgate and

implement a final rule on an expedited

basis. Prompt implementation of a final

rule would facilitate the importation of

horses by removing unnecessary

quarantine restrictions. Removing the

UAE from the list of AHS countries

would significantly reduce the

quarantine period for horses imported

from the UAE. Additionally, this

proposal would allow more flexibility in

the ports used for the importation of

horses from the UAE, making the

importation of horses from the UAE

logistically easier.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed 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.

The primary impact of this proposal

will be on U.S. importers of horses from

the UAE. The horses imported from the

UAE tend to be higher-valued, purebred

horses. These horses are worth 10 to 20

times more than the average price per

horse from the rest of the world. Few,

if any, of these importers can be

considered a small entity. These

importers will no longer be required to

quarantine horses from the UAE for 60

days at the New York Animal Import

Center in Newburgh, NY. The proposed

rule would allow horses from the UAE

to be shipped to and quarantined at

ports designated in § 92.303, and would

reduce the quarantine and testing period

to an average of three days to meet

quarantine requirements specified in

§ 92.308.

While no horses are reported in the

‘‘Foreign Agricultural Trade of the

United States’’ as being imported

directly from the UAE, we believe that

each year an average of 10 to 20 horses

are imported indirectly from the UAE

through Europe. Removing the

requirement for a 60-day quarantine at

the New York Animal Import Center in

Newburgh, NY, for horses from the UAE

will make the importation of these

horses less expensive and logistically

easier. We anticipate that the number of

horses imported from the UAE may

slightly increase. We estimate

approximately 50 to 100 horses may be

imported per year, though some of these

horses will only be temporarily

imported to the United States for

particular events, and then transported

back to the UAE. With the very small

number of horses imported from the

UAE, we anticipate the overall

economic impact on businesses and

individuals would be minimal.

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.

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 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 92 would be

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

would continue 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) would

be amended by removing ‘‘the United

Arab Emirates,’’.

Done in Washington, DC, this 9th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6373 Filed 3–14–95; 8:45 am]

BILLING CODE 3410–34–P