Unknown. Direct final rule

4,047 words·~18 min read·/register/2000/12/18/00-31981

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-12-18.xml --- 65 243 Monday, December 18, 2000 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Grains, oilseeds, fruits, vegetables, and nuts; marketing in today's evolving marketplace; facilitation by USDA Correction, 78994 00-32158 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Natural Resources Conservation Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 79155-79159 00-32137 00-32138 00-32139 00-32140 00-32141 00-32142 00-32143 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Horses from contagious equine meritis (CEM)-affected countries— Oregon; receipt authorization, 78897-78899 00-31981 Army Army Department NOTICES Meetings: Armed Forces Epidemiological Board, 79084 00-31979 Military traffic management: DOD brokers qualifying program, 79084 00-31980 Privacy Act:

Systems of records, 79084-79086 00-32060 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 79105-79106 00-32102 Commerce Commerce Department See Economic Analysis Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Proposed collection; comment request, 79159 00-32069 Defense Defense Department See Army Department NOTICES Agency information collection activities:

Proposed collection; comment request, 00-32065 79074-79075 00-32066 Submission for OMB review; comment request, 00-32063 79075-79076 00-32064 Civilian health and medical program of uniformed services (CHAMPUS): DRG-based payment system (2001 FY)— Medical and dental reimbursement rates, 79076-79083 00-32068 Meetings: Defense Intelligence Agency Science and Technology Advisory Board, 79083 00-32067 Science Board, 79083 00-32062 Privacy Act: Systems of records, 79083 00-32059 Economic Economic Analysis Bureau RULES International services surveys:

BE-11; annual survey of U.S. direct investment abroad, 78920-78923 00-32089 BE-577; direct transactions of U.S. reporter with foreign affiliate, 78919-78920 00-32090 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 79086 00-32093 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Youth offenders; selected demonstration projects, 79124-79137 00-32018 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Million Solar Roofs Initiative Program for State and Local Partnerships, 79086-79087 00-32119 Meetings: Environmental Management Site-Specific Advisory Board— Rocky Flats, CO, 79087-79088 00-32117 Nuclear Energy Research Advisory Committee, 79088 00-32118 Energy Energy Efficiency and Renewable Energy Office NOTICES Grants and cooperative agreements; availability, etc.: Fuel cell technology use in hydrogen-powered, mobile, underground mining vehicles; research and development, 79088 00-32120 EPA Environmental Protection Agency RULES Air programs:

Stratospheric ozone protection— Ozone-depleting substances; substitutes list, 78977-78989 00-32150 Air quality implementation plans; approval and promulgation; various States: Illinois, 78961-78974 00-32026 Massachusetts, 78974-78977 00-32024 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Large municipal waste combustors; emission guidelines, 79046-79047 00-32237 Air quality implementation plans; approval and promulgation; various States: Arizona, 79037-79040 00-32149 Georgia, 79034-79037 00-32151 Rhode Island, 79040-79046 00-32236 NOTICES Water pollution control:

Total maximum daily loads— Mermentau and Vermilion/Teche river basins, LA; determinations that TMLDs are not needed, 79100-79102 00-32148 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: American Champion Aircraft Corp., 78905-78912 00-31450 Boeing, 78913-78915 00-31448 New Piper Aircraft, Inc., 78902-78905 00-31451 IFR altitudes, 78916-78919 00-32178 Restricted areas, 78915-78916 00-32176 PROPOSED RULES Air traffic operating and flight rules, etc.:

Reduced vertical separation minimum, 79283-79291 00-31687 Airworthiness standards: Transport category airplanes— Airplane operating limitations and content of airplace flight manuals; revisions; FAR/JAR harmonization actions, 79293-79304 00-31926 Braking systems; harmonization with European standards, 79277-79282 00-31927 Restricted areas, 79013-79015 00-32177 NOTICES Exemption petitions; summary and disposition, 00-32179 79149-79153 00-32180 00-32181 00-32182 00-32183 FCC Federal Communications Commission RULES Common carrier services:

Federal-State Joint Board on Universal Service— Non-rural carriers; forward-looking high-cost support mechanism; interim hold-harmless provision phase-down, 78990-78993 00-32071 Wireless telecommunications services— Enhanced 911 emergency calling systems; compatibility, 78990 00-32134 Regulatory fees; waivers, reductions, and deferrals, 78989 00-31946 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-rural carriers; telephone exchange transfers; interim hold-harmless support phase-down, 79047-79048 00-32072 Digital television stations; table of assignments:

Montana, 79048-79049 00-32133 Radio stations; table of assignments: Colorado, 79049-79050 00-31311 FDIC Federal Deposit Insurance Corporation RULES Asset and liability backup program; CFR part removed, 78899-78900 00-32173 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Montana, 79102 00-32048 New York, 79102-79103 00-32047 Oklahoma, 79103 00-32049 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 79088-79089 00-32084 Environmental statements; notice of intent: North Baja Pipeline, LLC, 79097-79100 00-32083 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 00-32073 79089-79090 00-32076 Allegheny Energy Supply Hunlock Creek, LLC, 79090 00-32130 Columbia Gulf Transmission Co., 79090 00-32086 Cove Point LNG L.P., 79090-79091 00-32080 Dayton Power & Light Co., 79091 00-32123 Dominion Nuclear Marketing ll, Inc., et al., 79091 00-32122 Dominion Transmission, Inc., 00-32075 00-32078 00-32082 79091-79093 00-32085 Duke Energy Washoe, LLC, 79093 00-32128 Dynegy Danskammer, L.L.C., 79093 00-32126 Dynegy Roseton, L.L.C., 79093-79094 00-32127 Fulton Cogeneration Associates, L.P., 79094 00-32129 Georgia-Pacific Corp., 79094 00-32121 Mirabito Gas & Electric, Inc., 79094-79095 00-32124 Northern Natural Gas Co., 79095 00-32081 Questar Pipeline Co., 79095 00-32077 Tenaska Alabama ll Partners, L.P., 79096 00-32125 Texas Eastern Transmission Corp., 79096 00-32074 Texas Gas Transmission Corp., 79096 00-32087 Total Peaking Services, L.L.C., 79096-79097 00-32079 Wisconsin Public Service Corp., 79097 00-32131 Federal Highway Federal Highway Administration RULES Engineering and traffic operations:

Uniform Traffic Control Devices Manual— Amendments, 78923-78958 00-31974 Federal Housing Federal Housing Finance Board PROPOSED RULES Practice and procedure: Administrative enforcement actions; hearings on record, 78994-79013 00-31978 NOTICES Agency information collection activities: Submission for OMB review; comment request, 79103-79104 00-32110 Meetings; Sunshine Act, 79104 00-32217 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Exemption applications— Meetings;

Sunshine Act, 79138 00-32258 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards: Protection against shifting and falling cargo; North American standard development, 79050-79068 00-31919 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 79104-79105 00-32098 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Various plants from Maui and Kahoolawe, HI, 79191-79275 00-31078 NOTICES Environmental statements; notice of intent:

Incidental take permits— Sacramento and Sutter Counties, CA; giant garter snake, etc., 79115-79117 00-32095 Food Food and Drug Administration NOTICES Prescription drugs; user fees (2001 FY), 79107-79111 00-31949 Reports and guidance documents; availability, etc.: Veterinary Medicinal Products, International Cooperation on Harmonisation of Technical Requirements for Registration— Anthelmintics effectiveness; specific recommendations for feline and poultry; comment request, 79113-79114 00-32057 Veterinary drug residues in human food; safety and genotoxicity studies; comment request, 79106-79107 00-32113 Veterinary medicinal products pharmacovigilance; adverse event reports management; comment request, 79111-79113 00-32056 Forest Forest Service NOTICES Environmental statements; availability, etc.:

Interior Columbia Basin Ecosystem Management Projecct, OR et al., 79069-79070 00-32101 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Grains, oilseeds, fruits, vegetables, and nuts; marketing in today's evolving marketplace; facilitation by USDA Correction, 78994 00-32158 NOTICES Agency designation actions: Various States; correction, 79070 00-32157 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Vital and Health Statistics National Committee, 79105 00-32132 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 79123-79124 00-32054 00-32055 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Trust treated as part of estate; election, 79015-79024 00-31648 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 79138 00-32163 Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 79117-79118 00-32004 Submission for OMB review; comment request, 79118 00-32097 Coal leases, exploration licenses, etc.: Utah, 79118-79119 00-32105 Meetings: Resource Advisory Councils— California, 79119 00-32192 Public land orders: Arizona; correction, 79119 00-32058 Withdrawal and reservation of lands:

South Dakota, 79119 00-32106 Maritime Maritime Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 79153 00-32162 Coastwise trade laws; administrative waivers: OLD TIMER, 79154 00-32161 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Task forces, 79138 00-32108 National National Council on Disability NOTICES Committees; establishment, renewal, termination, etc.:

Cultural Diversity Advisory Committee, 79138-79139 00-32096 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, 78993 00-32136 NOTICES Agency information collection activities: Submission for OMB review; comment request, 79071 00-32051 Meetings: Gulf of Mexico Fishery Management Council, 79071-79072 00-32168 00-32169 Pacific Fishery Management Council, 79072-79074 00-32052 00-32053 00-32166 National Park National Park Service PROPOSED RULES Special regulations:

Yellowstone National Park, John D. Rockefeller, Jr., Parkway, and Grand Teton National Park; snowmobile and snowplane use; limitations and prohibitions, 79024-79034 00-32144 NOTICES Meetings: Golden Gate National Recreation Area and Point Reyes National Seashore Advisory Commission, 79119-79120 00-32186 Native American human remains and associated funerary objects: San Diego State University, CA— Inventory from Casa Grande/Gila Butte and Tucson, AZ, 79120-79121 00-32112 Inventory from various sites in California, 79121-79122 00-32111 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes:

South Dakota, 00-32174 79070-79071 00-32175 Nuclear Nuclear Regulatory Commission RULES Byproduct material; domestic licensing: Industrial devices, generally licensed; requirements, 79161-79190 00-31873 NOTICES Reports and guidance documents; availability, etc.: Sealed sources and devices containing NRC-licensed material; loss, abandonment, or improper transfer or disposal; base civil penalties; policy statement, 79139-79140 00-31874 Patent Patent and Trademark Office RULES Patent cases:

Patent business goals Correction, 78958-78960 00-31958 Postal Postal Rate Commission NOTICES Domestic mail classifications and rates: Postal rate and fee changes; docket no. R2000-1 opinion and recommended decision; reconsideration, 79140-79141 00-32099 Presidential Presidential Documents ADMINISTRATIVE ORDERS Sierra Leone; military drawdown, 78895 00-32282 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Meetings:

Glen Canyon Adaptive Management Work Group and Glen Canyon Technical Work Group, 79122 00-32187 Power rate adjustments: Pick-Sloan Missouri Basin Program, Eastern and Western Division, 79122-79123 00-32107 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: International Securities Exchange, LLC, 79142-79143 00-32116 National Association of Securities Dealers, Inc., 79143-79144 00-32092 National Securities Clearing Corp., 79144-79145 00-32114 New York Stock Exchange, Inc., 79145-79148 00-32091 00-32115 State State Department NOTICES Art objects; importation for exhibition:

William Blake, 79148-79149 00-32145 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-32103 79114-79115 00-32104 Surface Surface Transportation Board NOTICES Rail carriers: Cost of capital— Railroad industry's 2000 decision, 79154-79155 00-32155 Railroad services abandonment: Winchester & Western Railroad Co., 79155 00-31631 Thrift Thrift Supervision Office RULES Technical amendments, 78900-78902 00-31871 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Poverty threshold (1999); weighted average, 79160 00-32109 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 79161-79190 00-31873 Part III Department of the Interior, Fish and Wildlife Service, 79191-79275 00-31078 Part IV Department of Transportation, Federal Aviation Administration, 79277-79282 00-31927 Part V Department of Transportation, Federal Aviation Administration, 79283-79291 00-31687 Part VI Department of Transportation, Federal Aviation Administration, 79293-79304 00-31926 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 243 Monday, December 18, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 93 [Docket No. 00-115-1] Specifically Approved States Authorized To Receive Mares and Stallions Imported from Regions Where CEM Exists AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Direct final rule. SUMMARY: We are amending the animal importation regulations by adding Oregon to the lists of States approved to receive certain mares and stallions imported into the United States from regions affected with contagious equine metritis (CEM). We are taking this action because Oregon has entered into an agreement with the Administrator of the Animal and Plant Health Inspection Service to enforce its State laws and regulations to control CEM and to require inspection, treatment, and testing of horses, as required by Federal regulations, to further ensure the horses' freedom from CEM.

This action relieves unnecessary restrictions on the importation of mares and stallions from regions where CEM exists. DATES: This rule will be effective on February 16, 2001, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before January 17, 2001. ADDRESSES: Please send four copies (an original and three copies) of your comments or notice of intent to submit adverse comments to: Docket No. 00-115-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 00-115-1. You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. APHIS documents published in the **Federal Register** , and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html. FOR FURTHER INFORMATION CONTACT: Dr. Karen James, Assistant Director, National Center for Import and Export, Technical Trade Services, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;

(301)734-8364. SUPPLEMENTARY INFORMATION Background The animal importation regulations (contained in 9 CFR part 93 and referred to below as the regulations), among other things, prohibit or restrict the importation of certain animals, including horses, into the United States to protect U.S. livestock from communicable diseases. In § 93.301, paragraph (c)(1) prohibits the importation of horses into the United States from certain regions where contagious equine metritis

(CEM)exists. Paragraph (c)(2) lists categories of horses that are excepted from this prohibition, including, in § 93.301(c)(2)(vi), horses over 731 days of age imported for permanent entry if the horses meet the requirements of § 93.301(e). One of the requirements in § 93.301(e) is that mares and stallions over 731 days old imported for permanent entry from regions where CEM exists must be consigned to States listed in § 93.301(h)(6), for stallions, or in § 93.301(h)(7), for mares. The Administrator of the Animal and Plant Health Inspection Service (APHIS) has approved these States to receive stallions or mares over 731 days of age from regions where CEM exists because each State has entered into a written agreement with the Administrator to enforce State laws and regulations to control CEM, and each State has agreed to quarantine, test, and treat mares and stallions over 731 days of age from a region where CEM exists in accordance with § 93.301(e). Oregon has entered into a written agreement with the Administrator of APHIS and has agreed to comply with all of the requirements in § 93.301(e) for importing mares and stallions over 731 days old from regions where CEM exists. Therefore, this direct final rule will add Oregon to the lists of States in § 93.301(h)(6) and (h)(7) approved to receive certain stallions and mares imported into the United States from regions where CEM exists. Dates We are publishing this rule without a 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, February 16, 2001 unless we receive written adverse comments or written notice of intent to submit adverse comments by January 17, 2001. 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. As discussed above, if we receive no written adverse comments or 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 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. Horse Imports From CEM-Affected Regions The share of purebred breeding horse imports coming from CEM-affected regions is a relatively small fraction of the total number of horses imported, ranging between 5 and 10 percent between 1996 and 1999 (table 1). However, horses supplied by CEM-affected countries are generally highly valued. In 1999, for example, the average value of a purebred breeding horse imported from a CEM-affected region was $52,300, whereas the average value of a purebred breeding horse imported from anywhere in the world (i.e., from both CEM-affected and CEM-free regions) was $11,700. During these same 4 years, the United States imported 28,374 horses classified as “except purebred breeding” from CEM-affected regions (table 2). While it is possible that some of these horses from CEM-affected regions may be for breeding, it is more likely that they are imported for racing or exhibition. 1 During 1996-1999, about one of every five “except purebred breeding” horses imported into the United States came from CEM-affected countries. Their combined annual value comprised, on average, 60 percent of the value of all “except purebred breeding” horse imports. 1 As stated in the Harmonized Tariff Schedule of the United States (2000), “The expression ‘purebred breeding animals’ covers only animals certified to the U.S. Customs Service by the Department of Agriculture as being purebred of a recognized breed and duly registered in a book of record recognized by the Secretary of Agriculture for that breed, imported specially for breeding purposes, whether intended to be used by the importer himself or for sale for such purposes.” Table 1.—Quantity and Value of Purebred Breeding Horses Imported From CEM-Affected Regions, 1996-1999 Quantity Year Number Percent of all purebred breeding imports Value Dollars (in millions) Percent of all purebred breeding imports 1996 69 5.2 $2.0 26.7 1997 115 7.2 2.7 19.9 1998 200 10.0 31.3 77.8 1999 187 8.1 9.8 36.2 Source: U.S. Department of Agriculture (USDA), Foreign Agricultural Service (FAS), “Global Agricultural Trade System,” using data from the United Nations Statistical Office. Harmonized tariff schedule 010111. Table 2.—Quantity and Value of Horses “Except Purebred Breeding” Imported From CEM-Affected Regions, 1996-1999 Quantity Year Number Percent of all “except purebred breeding” imports Value Dollars (in millions) Percent of all “except purebred breeding” imports 1996 2,642 8.7 $93.5 26.7 1997 3,677 15.5 99.9 76.7 1998 17,044 40.7 147.9 83.6 1999 5,011 17.9 170.9 54.8 Source: USDA, FAS, “Global Agricultural Trade System,” using data from the United Nations Statistical Office. Harmonized tariff schedule 010119. CEM Testing To minimize the risk of the CEM organism entering the United States, restrictions are applied to stallions and mares imported from CEM-affected regions, including health certification and preembarkation and postentry testing and treatment. During 1996 through 1999, 21,882 cultures were tested at approved laboratories for CEM and a similar CEM-like organism. Forty of the cultures tested positive, of which at least one-third to one-half were infections by the CEM-like organism (several of domestic origin). Thus, the likelihood of a specimen testing CEM-positive during this period was roughly about 0.1 percent. As this small percentage indicates, breeding horses imported from CEM-affected regions rarely test positive for CEM. When they do, they are treated and remain in isolation until examined and subsequent cultures test negative. Nevertheless, the potential consequences of the establishment of CEM in the United States make the risk posed by this disease a serious concern. Besides the health costs associated with infected horses, establishment of CEM would have a disruptive impact on U.S. horse exports, especially on high-value breeding horses. At a minimum, more extensive testing and extended quarantining would be required of exporters. The addition of Oregon to the list of approved States is explicit recognition of the capability of Oregon facilities to carry out postentry testing and treatment requirements. Affected Entities Importers of breeding horses in Oregon—owners of horse farms and race horses—are the entities most likely to be affected by this rule. This rule will enable importers in Oregon to import stallions and mares directly from CEM-affected regions, whereas at present, those animals must first be imported into another approved State, the closest of which is California, and undergo postentry testing and treatment before being transported to Oregon. The Regulatory Flexibility Act requires that agencies consider the impacts of their rules on small entities. Whether affected entities may be considered small depends on their annual gross receipts. Annual receipts of $500,000 or less is the small entity criterion set by the Small Business Administration for establishments primarily engaged in raising horses and other equines (NAICS code 112920). For operations owning race horses (NAICS code 711219), the small entity criterion is annual gross receipts of $5 million or less. Most horse owners in Oregon will be unaffected by this rule, since they do not purchase horses imported from CEM-affected countries. Of those firms that will be affected, it is reasonable to assume that at least some may be small entities. According to the 1997 Census of Agriculture, a total of 13,952 horses were sold by 2,579 farms in Oregon in 1997, implying an average income per farm from horse sales of $5,410. However, given the generally higher value of breeding horses from CEM-affected countries, larger operations will be the more likely affected entities. The impact for affected Oregon establishments will be positive in terms of postentry transport cost savings; the horses will be able to be imported directly into Oregon rather than through California or other approved States. However, the savings is not expected to be large when compared to the value of the imported horses, and a substantial number of small entities are not expected to be significantly affected. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant impact on a substantial number of small entities. 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 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 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. Accordingly, 9 CFR part 93 is amended as follows: PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 1. The authority citation for part 93 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, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 93.301 [Amended] 2. Section 93.301 is amended as follows: a. In paragraph (h)(6), by adding, in alphabetical order, “The State of Oregon”. b. In paragraph (h)(7), by adding, in alphabetical order, “The State of Oregon”. Done in Washington, DC, this 11th day of December 2000. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 00-31981 Filed 12-15-00; 8:45 am]

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