17634 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Rules and Regulations

the need for, or status of, the current

order.

The trustees also voted for suspension

rather than termination, because they

wanted to avoid the complexity of

putting together a completely new

marketing order; as opposed to

amending the existing marketing order

should the industry find it in its interest

to resume the program.

In addition, the suspension will lower

the administrative and inspection costs

under the marketing order.

The industry will have the

opportunity to continue monitoring the

effectiveness of the State program,

without Federal marketing order

regulations in effect, an additional two

marketing seasons. A meeting will be

held prior to January 1997 to again

discuss reactivating or terminating the

marketing order. The current trustees

will continue to serve in their capacity

during the suspension.

Thus, it is determined that Federal

Marketing Order N. 918, and the rules

and regulations issued thereunder, do

not tend to effectuate the declared

policy of the Act. This rule suspends,

from March 1, 1995, through February

28, 1997, provisions of Federal

Marketing Order No. 918, and the rules

and regulations issued thereunder,

including, but not limited to, the:

(1) Provisions of the order dealing

with the establishment and

responsibilities of the committee and

the administration of the order;

(2) The quality, size, maturity, and

inspection requirements;

(3) The administrative rules and

regulations related to exempt

shipments; and

(4) Information collection and

reporting requirements [In compliance

with the Paperwork Reduction Act of

1980 (44 U.S.C. chapter 35), such

requirements have been approved by the

Office of Management and Budget and

assigned OMB Control No. 0581–0135].

The Secretary has determined that,

during the suspension period, those

persons serving as committee members

prior to the suspension (not including

alternates) will continue to serve as

trustees to oversee the administrative

affairs of the order. The trustees are

responsible for safeguarding program

assets and holding committee records.

All such actions by the trustees during

the period of suspension are subject to

the approval of the Secretary. Those

designated as trustees are Mr. Robert

Dickey III, Mr. Jeff Wainwright, Mr.

W.H. Davidson III, Mr. Al Pearson, Mr.

Bobby Lane, Mr. Emory Alexander, Mr.

William W. Drew, Mr. Howard Lawson,

and Mr. Stephen C. Meyers. The trustees

shall continue in their capacity until

discharged by the Secretary.

When a final determination is made

regarding the order, any remaining

funds will be used or disbursed in

accord with the appropriate order

provisions.

Based on the above, the Administrator

of the AMS has determined that this

action will not have a significant

economic impact on a substantial

number of small entities.

It is found and determined, upon

good cause, that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice or to

engage in further public procedure with

respect to this action and that good

cause exists for not postponing the

effective date of this rule until 30 days

after publication in the Federal Register

because: (1) This action suspends

restrictions on handlers by continuing

the suspension of the requirements

regulating the handling of peaches

pursuant to Marketing Order No. 918;

(2) handlers are aware of this action,

which was discussed and recommended

at a public meeting held by the trustees;

and (3) no useful purpose would be

served by delaying the continued

suspension of the marketing order.

List of Subjects in 7 CFR Part 918

Marketing Agreements, Peaches,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, under the authority of 7

U.S.C. 601–674 (7 CFR Part 918), and all

provisions therein, is suspended

effective March 1, 1995, through

February 28, 1997.

Dated: March 31, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–8615 Filed 4–6–95; 8:45 am]

BILLING CODE 3410–02–M

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 95–014–2]

Horses From the United Arab

Emirates; 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 the United Arab

Emirates from the list of countries in

which African horse sickness exists. We

have determined 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 relieves unnecessary restrictions

on the importation of horses from the

United Arab Emirates.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Staff Veterinarian, Import/

Export Products, National Center for

Import and Export, VS, APHIS, Suite

3B05, 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.

On March 15, 1995, we published in

the Federal Register (60 FR 13929–

13930, Docket No. 94–014–1) a proposal

to amend the regulations by removing

the United Arab Emirates (UAE) from

the list of countries in § 92.308(a)(2),

which APHIS considers affected with

AHS.

We solicited comments concerning

our proposal for 15 days ending March

30, 1995. We received three supportive

comments by that date. They were from

a horse transport company, a horse

industry association, and a

thoroughbred farm.

Therefore, based on the rationale set

forth in the proposed rule, we are

adopting the provisions of the proposal

as a final rule.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Rules and Regulations 17635

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 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

rule allows horses from the UAE 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 on the date of

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.

The primary impact of this rule 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. This rule will

allow horses from the UAE 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.

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 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 ‘‘the United Arab

Emirates,’’.

Done in Washington, DC, this 31st day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–8617 Filed 4–6–95; 8:45 am]

BILLING CODE 3410–34–P

FEDERAL RESERVE SYSTEM

12 CFR Part 215

[Regulation O; Docket No. R–0874]

Loans to Executive Officers, Directors,

and Principal Shareholders of Member

Banks; Loans to Holding Companies

and Affiliates

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board is revising

Regulation O to implement a recent

amendment to section 22(g) of the

Federal Reserve Act, contained in the

Riegle Community Development and

Regulatory Improvement Act of 1994.

The revision provides that prior

approval of the board of directors is not

required before a member bank may

make a loan to an executive officer that

is secured by a first lien on the

executive officer’s residence.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Gordon Miller, Attorney (202/452–

2534), Legal Division, Board of

Governors of the Federal Reserve

System. For the hearing impaired only,

Telecommunications Device for the Deaf

(TDD), Dorothea Thompson (202/452–

3544).

SUPPLEMENTARY INFORMATION

Background

The Riegle Community Development

and Regulatory Improvement Act of

1994 (CDR Act), Pub. L. 103–325, 108

Stat. 2160 (1994), effective September

23, 1994, amended section 22(g) of the

Federal Reserve Act, 12 U.S.C. 375a, to

eliminate the requirement that prior

approval of the board of directors be

granted before a member bank may

make a loan to an executive officer of

the member bank that is secured by a

first lien on the executive officer’s

residence. Such loans remain subject to

the general requirement for prior

approval under section 22(h) of the

Federal Reserve Act. See 12 U.S.C.

375b(3); 12 CFR 215.4(b). The Board is

revising Regulation O (12 CFR Part 215),

effective April 7, 1995, to conform to the

amendment.

Need for Final Rule Without Comment

The elimination of the prior approval

requirement for loans to an executive

officer secured by a first lien on the

executive officer’s residence was

effective immediately upon enactment

of the CDR Act, and required no action

on the part of the Board to take effect.

The Board therefore finds that it is