[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)] [Rules and Regulations] [Pages 47669-47671] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23052] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE 9 CFR Parts 71 and 75 [Docket No. 96-040-1] CEM; Remove Interstate Movement Regulations
Agency
Animal and Plant Health Inspection Service, USDA.
Action
Direct final rule.
-----------------------------------------------------------------------
Summary
We are removing the regulations governing the interstate movement of horses affected with or exposed to contagious equine metritis. The last areas of the United States quarantined for contagious equine metritis were removed from quarantine in 1987. The disease has not been known to exist in this country since that time, and the regulations are no longer in use. We are also adding contagious equine metritis to a list of diseases not known to exist in the United States.
Dates
This rule will be effective on November 12, 1996 unless we receive written adverse comments or written notice of intent to submit adverse comments on or before October 10, 1996.
Addresses
Please send an original and three copies of any adverse comments or notice of intent to submit adverse comments to Docket No. 96-040-1, 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. 96-040-1. 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. Tim Cordes, Senior Staff Veterinarian,
National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-3279.
Supplementary Information
Background
The regulations in 9 CFR subchapter C (parts 70 through 89) govern the interstate movement of animals, including poultry, and animal products. Part 71 includes general provisions related to the interstate movement of animals and poultry. Part 75 pertains to the interstate movement of animals affected with communicable diseases of horses, asses, ponies, mules, and zebras. Sections 75.5 through 75.7 and 75.10 (referred to below as the regulations) pertain to contagious equine metritis (CEM), a highly contagious acute venereal disease that affects breeding and fertility. When first promulgated, the CEM regulations quarantined certain areas of the United States and restricted the interstate movement of horses and other Equidae from those areas. However, in an interim rule of March 11, 1987 (52 FR 7403-7405), we removed the provisions that quarantined the last areas of the United States because of CEM. The interim rule was affirmed on July 29, 1987 (52 FR 28239-28240). CEM has not been known to exist in the United States since that time, and the regulations are no longer in use. Because the quarantine and accompanying restrictions on interstate movement are no longer necessary, we are removing the regulations in Secs. 75.5 through 75.7 and Sec. 75.10. We are also adding a reference to CEM to part 71. Section 71.3 generally prohibits the interstate movement of diseased animals. Section 71.3(b) lists diseases not known to exist in the United States and prohibits the interstate movement of animals affected with any of the listed diseases. Because CEM is not known to exist in the United States, we are adding this disease to the list in Sec. 71.3(b). Therefore, in the event CEM is again found to exist in the United States, spread of the disease could immediately be curtailed because interstate movement of affected animals would be prohibited.
Effective 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 notice 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. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This rule removes regulations governing the interstate movement of horses affected with or exposed to CEM. The last areas of the United States quarantined because of this disease were removed from quarantine in 1987, and the disease has not been known to exist in this country since that time. As a result, none of the regulatory provisions regarding CEM have been imposed upon any entities large or small for at least 9 years. 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 in conflict 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.).
Regulatory Reform
This action is part of the President's Regulatory Reform Initiative, which, among other things, directs agencies to remove obsolete and unnecessary regulations and to find less burdensome ways to achieve regulatory goals.
List of Subjects
9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements, Transportation.
9 CFR Part 75
Animal diseases, Horses, Quarantine, Reporting and recordkeeping requirements, Transportation.
Accordingly, 9 CFR parts 71 and 75 are amended as follows:
PART 71--GENERAL PROVISIONS
1. The authority citation for part 71 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 71.3 [Amended]
2. In Sec. 71.3, paragraph (b) is amended by adding the words ``contagious equine metritis,'' after the word ``dourine,''.
PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS
3. The authority citation for part 75 continues to read as follows:
Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and 134-134h; 7 CFR 2.22, 2.80, and 371.2(d).
Secs. 75.5, 75.6, 75.7, and 75.10 [Removed and Reserved]
4. Sections 75.5 through 75.7 and 75.10 are removed and reserved.
Done in Washington, DC, this 4th day of September 1996. Terry L. Medley, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 96-23052 Filed 9-9-96; 8:45 am] BILLING CODE 3410-34-P