[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20182]
[[Page Unknown]]
[Federal Register: August 18, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 151
[Docket No. 94-057-1]
Recognized Breeds and Books of Record
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: We are amending the ``Recognition of Breeds and Books of
Record of Purebred Animals'' regulations by adding the following to the
list of ``recognized breeds and books of record'': the Belgian Blue and
Gelbvieh breeds of cattle, the Trakehner and Morab breeds of horses,
the Herd Book of the Gelbvieh, the Trakehner Stud Book, and the Morab
Stud Book. It has been determined that these breeds of cattle and
horses and books of record qualify for such listing. This action will
allow duty-free entry into the United States of horses and cattle which
are registered in the books. We are also updating the address to which
books of record are sent.
DATES: This rule will be effective on October 17, 1994, unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before September 19, 1994. 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.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Chief,
Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your submission refers to Docket No. 94-057-1. 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. Andrea Morgan, Senior Staff
Veterinarian, Import-Export Animals Staff, National Center for Import
and Export, Veterinary Services, APHIS, USDA, room 763, Federal
Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.
SUPPLEMENTARY INFORMATION:
Background
Item 100.01 in Part 1, Schedule 1, of 19 U.S.C. 1202 (the Tariff
Act of 1930, as amended) provides, in part, that animals (except for
certain foxes) certified to the collector of customs by the Department
of Agriculture as being pure bred of a recognized breed and duly
registered in a book of record recognized by the Secretary of
Agriculture for that breed, may be entered by a citizen or agency of
the United States into the United States free of duty if imported for
breeding purposes. Implementing regulations, captioned ``Recognition of
Breeds and Books of Record of Purebred Animals'' (referred to below as
the regulations), are set forth in 9 CFR part 151.
In accordance with Sec. 151.2 of the regulations, the Administrator
of the Animal and Plant Health Inspection Service (APHIS) issues
certificates of pure breeding for certain animals. To be eligible for a
certificate, Sec. 151.8 of the regulations stipulates that an animal
must be ``purebred of a recognized breed and have been registered in
good faith in a book of record listed in Sec. 151.9 [of the
regulations] and must not have been registered on inspection without
regard to purity of breeding.'' The regulations contain lists of
``recognized breeds and books of record'' for cattle, horses, asses,
sheep, goats, swine, dogs, and cats.
A ``book of record'' is defined in Sec. 151.1 of the regulations
as: ``A printed book or an approved microfilm record sponsored by a
registry association and containing breeding data relative to a large
number of registered purebred animals used as a basis for the issuance
of pedigree certificates.''
Section 151.9, paragraph (a), of the regulations lists breeds and
books of record in countries other than Canada. Section 151.9,
paragraph (b), of the regulations lists breeds and books of record in
Canada.
In accordance with the procedures described below under Effective
Date, this direct final rule will amend Sec. 151.9 of the regulations
as follows: It will amend the list of ``recognized breeds and books of
record'' in Sec. 151.9(a) of the regulations by adding the Gelbvieh
breed of cattle, and the Trakehner and Morab breeds of horses as
recognized breeds. This document also will amend Sec. 151.9(a) by
adding, as books of record, the Herd Book of the Gelbvieh issued by the
American Gelbvieh Association, the Trakehner Stud Book issued by the
American Trakehner Association, and the Morab Stud Book issued by the
North American Morab Horse Association, Inc. In addition, this document
will amend Sec. 151.9(b) of the regulations by adding the Belgian Blue
and Gelbvieh breeds of cattle as recognized breeds. The books of record
of the Canadian Live Stock Records, Ottawa, Canada, are already listed
in Sec. 151.9(b) as being recognized books of record for certain breeds
in Canada and they will be the books of record for the Belgian Blue and
Gelbvieh breeds as well.
In accordance with Sec. 151.10 of the regulations, before a breed
or book of record shall be added to the regulations, the custodian of
the book of record must submit to APHIS ``a complete copy of the book
of record, consisting of any published printed volumes and any
microfilm records issued by the registry association up to date of
application, together with a copy of all rules and forms in force on
said date affecting the registration of animals in said book.''
The custodians of the book of record for the Gelbvieh breed of
cattle, and the Trakehner and Morab breeds of horses each submitted to
APHIS a complete copy of the book of record with a copy of all rules
and forms affecting the registration of the animals in the book of
record. Upon review, the agency has determined that both the breeds and
books of record meet the requirements of the regulations for addition
to the list of ``recognized breeds and books of record.''
This direct final rule also will update the address to which books
of records are sent. The address, listed in Sec. 151.9, will be changed
from the United States Government Despatch Agency, 26 Federal Plaza,
New York, New York 10007, U.S.A., to the Animal and Plant Health
Inspection Service, United States Department of Agriculture, room 764,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.
Effective Date
We are publishing this rule without prior proposal because we view
this action as noncontroversial and anticipate no adverse public
comments. 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. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
Certain cattle and horse owners, breeders, exporters, importers,
and breed associations may experience a positive economic impact when
Gelbvieh and Belgian Blue cattle, and Trakehner and Morab horses,
receive official USDA recognition. Such recognition enhances the
marketability of these animals. However, based on past experience, we
do not anticipate any economic benefit to be significant. Further,
these entities comprise less than one percent of the total number of
cattle and horses imported into the United States annually.
Under these circumstances the Administrator of the Animal and Plant
Health Inspection Service has determined that this rule 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 new 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 151
Animals, Imports, Reporting and recordkeeping requirements.
PART 151--RECOGNITION OF BREEDS AND BOOKS OF RECORD OF PUREBRED
ANIMALS
Accordingly, 9 CFR part 151 is amended as follows:
1. The authority citation for part 151 continues to read as
follows:
Authority: 19 U.S.C. 1202; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 151.9, the introductory text is amended by revising the
last sentence, and the table in paragraphs (a) and (b) is amended by
adding the following information, in alphabetical order by breed:
Sec. 151.9 Recognized breeds and books of record.
* * * All books of record sent to the Animal and Plant Health
Inspection Service, United States Department of Agriculture, shall be
submitted through the Animal and Plant Health Inspection Service, USDA,
room 764, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.
(a) * * *
Cattle
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Code Name of breed Book of record By whom published
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* * ** *
1113.. Gelbvieh............ Herd Book of the American Gelbvieh
Gelbvieh. Association, 10900
Dover Street,
Westminster, CO
80021.
* * * **
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Horses
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Code Name of breed Book of record By whom published
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* * * **
2112.. Morab............... Morab Stud Book..... North American Morab
Horse Association,
Inc., W 3174 Fero
Springs Road,
Hilbert, WI 54129.
* * * **
2113.. Trakehner........... Trakehner Stud Book. American Trakehner
Association, 2305
November Lane,
Reston, VA 22091.
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* * * * *
(b) * * *
Cattle
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Code Name of breed Code Name of breed
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* * * **
1110.. Belgian Blue
* * * **
1114.. Gelbvieh
* * * **
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Done at Washington, DC, this 10th day of August 1994.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20182 Filed 8-17-94; 8:45 am]
BILLING CODE 3410-34-P
