[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 656-657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-200]
[[Page Unknown]]
[Federal Register: January 6, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 322
[Docket No. 93-163-1]
Honeybees and Honeybee Semen
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending a footnote in the honeybee and honeybee semen
regulations that quotes the Honeybee Act, in order to conform the
footnote to the Honeybee Act, as amended by the North American Free
Trade Agreement Implementation Act.
EFFECTIVE DATE: January 1, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Matthew H. Royer, Chief Operations
Officer, Biological Assessment and Taxonomic Support, Operational
Support, Plant Protection and Quarantine, APHIS, USDA, room 626,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-
8896.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 322 (referred to below as the
regulations) govern the importation into the United States of honeybees
and honeybee semen. These regulations were established pursuant to the
Honeybee Act (7 U.S.C. 281 et seq.) The Honeybee Act was designed to
prevent the movement into the Sec. United States of diseases and
parasites harmful to honeybees. In addition, the Honeybee Act was
designed to prevent the movement into the United States of undesirable
species or subspecies of honeybees.
Section 322.1 of the regulations contains a footnote that includes
the criteria set forth in the Honeybee Act for determining which
countries may be listed in the regulations as countries from which
honeybees or honeybee semen may be imported into the United States. In
this rule, we are amending that footnote to reflect amendments to the
Honeybee Act made by section 361(d)(2) of the North American Free Trade
Agreement Implementation Act.
On December 8, 1993, President Clinton signed the North American
Free Trade Agreement (NAFTA), to become effective January 1, 1994. To
implement this agreement, Congress passed the North American Free Trade
Agreement Implementation Act (the Act) (Pub. L. 103-182). The statutory
amendments included in the Act become effective coincident with NAFTA.
Section 361(d)(2) of the Act amended subsections (a) and (b) of the
Honeybee Act by providing the following: (1) That honeybees may be
imported from Canada or Mexico, subject to such terms as the Secretary
of Agriculture determines appropriate, if the Secretary determines that
the region of Canada or Mexico from which the honeybees originated is,
and is likely to remain, free of diseases or parasites harmful to
honeybees, and undesirable species or subspecies of honeybees; and (2)
that honeybee semen may be imported from Canada or Mexico, if the
Secretary of Agriculture determines that the region of Canada or Mexico
from which the imports originate is, and is likely to remain, free of
undesirable species or subspecies of honeybees. (See Pub. L. 103-182;
107 Stat. 2057).
This rule is being published to conform a footnote in the
regulations with the Act, as amended.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that good cause exists to publish this final rule
without prior notice and opportunity for public comment.
Since prior notice and other public procedures with respect to this
final rule are impracticable, unnecessary, and contrary to the public
interest, and since this regulatory change is mandated by Congress,
there is good cause under 5 U.S.C. 553 for making this final rule
effective as of January 1, 1994.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866.
This rule amends a footnote in the regulations that quotes the Act,
in order to conform the footnote to the Act, as amended by the North
American Free Trade Agreement Implementation Act.
The amendments to the regulations will have no practical impact on
importations of honeybees and honeybee semen from Canada or Mexico
since it merely quotes the Act. Furthermore, such importations are
already allowed from any part of Canada. Currently, the only regular
movement of honeybees from Canada to the United States is a relatively
insignificant movement from the Maritime Provinces of Canada to
northern New England. We anticipate that the amendments will have
little practical impact with regard to importations from Mexico.
Sufficient numbers of honeybees are already available in the United
States to make it unnecessary to import honeybees or honeybee semen
from Mexico.
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 7 CFR Part 322
Bees, Honey, Imports, Quarantine, Transportation.
Accordingly 7 CFR part 322 is amended as follows:
PART 322--HONEYBEES AND HONEYBEE SEMEN
1. The authority citation for part 322 is revised to read as
follows:
Authority: 7 U.S.C. 281; 7 CFR 2.17, 2.51, and 371.2(c).
2. In Sec. 322.1, footnote 1 is revised to read as follows:
Sec. 322.1 Importation of honeybees and honeybee semen.\1\
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\1\The criteria for determining which countries may be listed in
this part as countries from which honeybees or honeybee semen may be
imported into the United States are set forth in 7 U.S.C. 282. In
this regard, 7 U.S.C. provides in relevant part, that:
(a) In order to prevent the introduction and spread of diseases
and parasites harmful to honeybees, and the introduction of
genetically undesirable germ plasm of honeybees, the importation
into the United States of all honeybees is prohibited, except that
honeybees may be imported into the United States--
(1) By the United States Department of Agriculture for
experimental or scientific purposes;
(2) From countries determined by the Secretary of Agriculture--
(A) To be free of diseases or parasites harmful to honeybees,
and undesirable species or subspecies of honeybees; and
(B) To have in operation precautions adequate to prevent the
importation of honeybees from other countries where harmful diseases
or parasites, or undesirable species or subspecies, of honeybees
exist; or
(3) From Canada or Mexico, subject to such terms and conditions
as the Secretary of Agriculture determines appropriate, if the
Secretary determines that the region of Canada or Mexico from which
the honeybees originated is, and is likely to remain, free of
diseases or parasites harmful to honeybees, and undesirable species
or subspecies of honeybees.
(b) Honeybee semen may be imported into the United States only
from:
(1) Countries determines by the Secretary of Agriculture to be
free of undesirable species or subspecies of honeybees, and which
have in operation precautions adequate to prevent the importation of
such undesirable honeybees and their semen; or
(2) Canada or Mexico, if the Secretary of Agriculture determines
that the region of Canada or Mexico from which the imports originate
is, and is likely to remain, free of undesirable species or
subspecies of honeybees.
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* * * * *
Done in Washington, DC, this 30th day of December, 1993.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-200 Filed 1-5-94; 8:45 am]
BILLING CODE 3410-34-P
