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Rules and Regulations Federal Register Vol. 65, No. 141

Friday, July 21, 2000

This section of the FEDERAL REGISTER holidays. To be sure someone is there to the tortoises are accompanied by a contains regulatory documents having general help you, please call (202) 690–2817 health certificate signed by a Federal or applicability and legal effect, most of which before coming. accredited veterinarian stating that the are keyed to and codified in the Code of APHIS documents published in the tortoises have been examined by that Federal Regulations, which is published under Federal Register, and related veterinarian and found free of ticks. The 50 titles pursuant to 44 U.S.C. 1510. information, including the names of certification will help ensure that the The Code of Federal Regulations is sold by organizations and individuals who have interstate movement of these tortoises the Superintendent of Documents. Prices of commented on APHIS dockets, are will pose no risk of spreading exotic new books are listed in the first FEDERAL available on the Internet at http:// ticks. This action is warranted to enable REGISTER issue of each week. www.aphis.usda.gov/ppd/rad/ the export, interstate commerce, health webrepor.html. care, and adoption of these types of FOR FURTHER INFORMATION CONTACT: Dr. tortoises while providing protection DEPARTMENT OF AGRICULTURE D. D. Wilson, Senior Staff Entomologist, against the spread of exotic ticks known to be vectors of heartwater disease. Animal and Plant Health Inspection Emergency Programs, VS, APHIS, 4700 In the future, we will publish another Service River Road Unit 41, Riverdale, MD 20737–1231; (301) 734–8073. document in the Federal Register that addresses all of the issues raised by the 9 CFR Part 74 SUPPLEMENTARY INFORMATION: commenters. [Docket No. 00±016±2] Background Immediate Action On March 22, 2000, we published in Interstate Movement of Certain Land the Federal Register (65 FR 15216– The Administrator of the Animal and Tortoises 15218, Docket No. 00–016–1) an interim Plant Health Inspection Service has determined that there is good cause for AGENCY: Animal and Plant Health rule that prohibits, until further notice, publishing this interim rule without Inspection Service, USDA. the importation of the following tortoises into the United States: All prior opportunity for public comment. ACTION: Interim rule and request for species and subspecies of leopard As a result of an interim rule published comments. tortoise (Geochelone pardalis), African and effective on March 22, 2000, the importation and interstate movement of SUMMARY: We are allowing the interstate spurred tortoise (Geochelone sulcata), movement of certain land tortoises if and Bell’s hingeback tortoise (Kinixys leopard tortoise, African spurred they are accompanied by a health belliana). The interim rule also tortoise, and Bell’s hingeback tortoise certificate signed by a Federal or prohibits the interstate movement of all has been prohibited. While this action accredited veterinarian stating that the species and subspecies of these land has been effective in preventing the tortoises have been examined by that tortoises. These prohibitions were spread of exotic ticks known to be veterinarian and found free of ticks. established in order to prevent the vectors of heartwater disease, it has also This action is warranted to enable the spread of exotic ticks known to be resulted in increased health risks for export, interstate commerce, health care, vectors of heartwater disease, an acute some tortoises that may not be moved and adoption of these types of tortoises infectious disease of ruminants. interstate for health care or adoption while providing protection against the We solicited comments on our interim and resulted in financial burdens for spread of exotic ticks known to be rule for 60 days, ending May 22, 2000. owners who have not been able to move vectors of heartwater disease. We received 53 comments by that date. to their tortoises interstate sale or for They were from tortoise breeders and export. The latter problem may also put DATES: This interim rule was effective owners, representatives of the reptile some tortoises at risk if owners are July 17, 2000. We invite you to industry, animal advocacy groups, and unable to provide adequate care for comment on this docket. We will other interested individuals. Many those tortoises. This interim rule will consider all comments that we receive commenters supported the prohibition allow the interstate movement of by September 19, 2000. on importation of these tortoises, but leopard tortoise, African spurred ADDRESSES: Please send your comment most expressed concerns about the tortoise, and Bell’s hingeback tortoise if and three copies to: Docket No. 00–016– effect of prohibiting the interstate the tortoises are accompanied by a 2, Regulatory Analysis and movement of these tortoises. Because of health certificate signed by a Federal or Development, PPD, APHIS, Suite 3C03, the prohibition, these tortoises may not accredited veterinarian stating that the 4700 River Road, Unit 118, Riverdale, be moved interstate for sale, health care, tortoises have been examined by that MD 20737–1238. or adoption. In addition, many domestic veterinarian and found free of ticks. Please state that your comment refers to tortoise breeders who must move their Immediate action is warranted to enable Docket No. 00–016–2. tortoises interstate prior to exporting the export, interstate commerce, health You may read any comments that we them can no longer export these care, and adoption of leopard tortoise, receive on this docket in our reading tortoises. African spurred tortoise, and Bell’s room. The reading room is located in Therefore, based on these comments, hingeback tortoise. room 1141 of the USDA South Building, we are taking immediate action to Because prior notice and other public 14th Street and Independence Avenue, amend the regulations at 9 CFR part 74 procedures with respect to this action SW., Washington, DC. Normal reading to allow the interstate movement of are impracticable and contrary to the room hours are 8 a.m. to 4:30 p.m., leopard tortoise, African spurred public interest under these conditions, Monday through Friday, except tortoise, and Bell’s hingeback tortoise if we find good cause under 5 U.S.C. 553

VerDate 112000 15:25 Jul 20, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\21JYR1.SGM pfrm08 PsN: 21JYR1 45276 Federal Register / Vol. 65, No. 141 / Friday, July 21, 2000 / Rules and Regulations to make this action effective less than 30 for a leopard tortoise was $190, for an PPD, APHIS, suite 3C03, 4700 River days after publication. We will consider African spurred tortoise $578, and for a Road Unit 118, Riverdale, MD 20737– comments that are received within 60 Bell’s hingeback tortoise $35. 1238, and (2) Clearance Officer, OCIO, days of publication of this rule in the This rule will positively affect USDA, room 404–W, 14th Street and Federal Register. After the comment individuals involved in the interstate Independence Avenue, SW., period closes, we will publish another movement of leopard tortoises, African Washington, DC 20250. Please state that document in the Federal Register. The spurred tortoises, and Bell’s hingeback your comments refer to Docket No. 00– document will include a discussion of tortoises. This rule will require persons 016–2 and send your comments within any comments we receive and any wishing to move these tortoises 60 days of publication of this rule. amendments we are making to the rule interstate to acquire a health certificate This interim rule requires that, prior as a result of the comments. from a Federal or accredited to interstate movement of certain land veterinarian. This will cost about $16 to Executive Order 12866 and Regulatory tortoises, a Federal or accredited $25 dollars per health certificate. These Flexibility Act veterinarian must sign a health costs are small when compared to the certificate stating that the tortoises have This rule has been reviewed under potential losses in revenue and animals been examined by that veterinarian and Executive Order 12866. The rule has that may result from continuing to found free of ticks. The health certificate been determined to be not significant for prohibit the interstate movement of must accompany the tortoises during the purposes of Executive Order 12866 these species of tortoises. Another interstate movement. This certification and, therefore, has not been reviewed by benefit for U.S. exporters of these will help ensure that the interstate the Office of Management and Budget. tortoises is that a health certificate will We are allowing the interstate movement of these tortoises will pose help ensure the acceptability of these no risk of spreading exotic ticks. We are movement of certain land tortoises if animals in international markets and they are accompanied by a health soliciting comments from the public prevent the spread of exotic ticks known concerning our information collection certificate signed by a Federal or to be vectors of heartwater disease. accredited veterinarian stating that the and recordkeeping requirements. These Under these circumstances, the comments will help us: tortoises have been examined by that Administrator of the Animal and Plant (1) Evaluate whether the information veterinarian and found free of ticks. Health Inspection Service has collection is necessary for the proper This action is warranted to enable the determined that this action will not performance of our agency’s functions, export, interstate commerce, health care, have a significant economic impact on including whether the information will and adoption of these types of tortoises. a substantial number of small entities. The United States accounts for about have practical utility; 80 percent of the world’s live reptile Executive Order 12372 (2) Evaluate the accuracy of our trade. In 1998, a total of 1,921,272 This program/activity is listed in the estimate of the burden of the reptiles were imported, valued at Catalog of Federal Domestic Assistance information collection, including the approximately $6.37 million. Of these, under No. 10.025 and is subject to validity of the methodology and turtles, including tortoises, accounted Executive Order 12372, which requires assumptions used; for about 26.5 percent of imports. Three intergovernmental consultation with (3) Enhance the quality, utility, and states, California (48 percent), Florida State and local officials. (See 7 CFR part clarity of the information to be (33.2 percent), and Louisiana (11.7 3015, subpart V.) collected; and percent), accounted for nearly 93 percent of turtle imports. Executive Order 12988 (4) Minimize the burden of the information collection on those who are The United States exports about 9 This rule has been reviewed under to respond (such as through the use of million live reptiles annually. Red-eared Executive Order 12988, Civil Justice appropriate automated, electronic, slider turtles make up about 85 percent Reform. This rule: (1) Preempts all State mechanical, or other technological of these exports every year. South and local laws and regulations that are collection techniques or other forms of Korea, Japan, and European countries inconsistent with this rule; (2) has no information technology; e.g., permitting are the major importers of U.S. turtles. retroactive effect; and (3) does not electronic submission of responses). However, Canada appears to be the require administrative proceedings major importer of leopard tortoise, before parties may file suit in court Estimate of burden: Public reporting African spurred tortoise, and Bell’s challenging this rule. burden for this collection of information hingeback tortoise. In 1995, the United is estimated to average 0.083 hours per States exported to Canada 32 leopard Paperwork Reduction Act response. tortoises, 527 African spurred tortoises, In accordance with section 3507(j) of Respondents: Tortoise breeders and and 2,332 Bell’s hingeback tortoises. the Paperwork Reduction Act of 1995 owners, and members of tortoise During the same year, U.S. imports of (44 U.S.C. 3501 et seq.), the information adoption organizations, in the United these species were 2,683, 1,223 and 952, collection and recordkeeping States. respectively. requirements included in this interim Estimated annual number of In 1996, between 1.5 million and 2.5 rule have been submitted for emergency respondents: 150. million households in the United States approval to the Office of Management Estimated annual number of owned various reptiles as pets. Of these, and Budget (OMB). OMB has assigned responses per respondent: 6. about 534,000 households, or about 35 control number 0579–0156 to the percent, owned a total of 950,000 information collection and Estimated annual number of turtles, including tortoises. Overall, recordkeeping requirements. responses: 900. turtles represented about 27 percent of We plan to request continuation of Estimated total annual burden on the total reptile pet population. The that approval for 3 years. Please send respondents: 75 hours. prices paid for turtles ranged between written comments on the 3-year Copies of this information collection $25 and $750, depending on species, approval request to the following can be obtained from Ms. Cheryl Groves, size, and age. Between 1993 and 1996, addresses: (1) Docket No. 00–016–2, APHIS’ Information Collection the average price in the United States Regulatory Analysis and Development, Coordinator, at (301) 734–5086.

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List of Subjects in 9 CFR Part 74 amendment is prompted by reports from inspection of the wear indicator pins to Animal diseases, Livestock, several operators that severe oxidation determine the level of wear of the main Quarantine, Reporting and was found on the rotor disk assemblies brake assemblies of the main landing recordkeeping requirements, of the main brake assemblies. This gear (MLG), and corrective actions, if Transportation. action is necessary to detect and correct necessary. That AD also requires thermal oxidation of the main brake modification of the main brake Accordingly, we are revising 9 CFR assemblies, which could result in assemblies of the MLG to shorten the part 74 to read as follows: deterioration of the MLG brakes, and wear indicator pins, and change P/N 2– PART 74ÐPROHIBITION OF consequent reduced braking 1598 to P/N 2–1598–1 or change P/N 2– INTERSTATE MOVEMENT OF LAND performance. 1600 to P/N 2–1600–1. In addition, that TORTOISES DATES: Effective August 7, 2000. AD requires incorporation of specified The incorporation by reference of wear limits into the maintenance Sec. certain publications listed in the inspection program. 74.1 General prohibition. regulations is approved by the Director Since the issuance of AD 99–25–07, Authority: 21 U.S.C. 111–113, 114a, 115, of the Federal Register as of August 7, the FAA has received reports from 117, 120, 122–126, 134b, 134f; 7 CFR 2.22, 2000. several operators of severe oxidation on 2.80, and 371.2(d). Comments for inclusion in the Rules the carbon heat sinks used on Docket must be received on or before BFGoodrich main brake assemblies, P/N § 74.1 General prohibition. August 21, 2000. 2–1598–1 and P/N 2–1600–1, installed The interstate movement of leopard ADDRESSES: Submit comments in on Airbus Model A319 and A320 series tortoise (Geochelone pardalis), African triplicate to the Federal Aviation airplanes. Those reports indicate that spurred tortoise (Geochelone sulcata), Administration (FAA), Transport the accomplishment of AD 99–25–07 and Bell’s hingeback tortoise (Kinixys Airplane Directorate, ANM–114, did not adequately address the problem belliana) is prohibited except when Attention: Rules Docket No. 2000–NM– of oxidation on the main brake tortoises are accompanied by a health 210–AD, 1601 Lind Avenue, SW., assemblies in time to correct the certificate signed by a Federal or Renton, Washington 98055–4056. identified unsafe condition. accredited veterinarian stating that the Comments may be inspected at this Investigation has revealed that tortoises have been examined by that location between 9:00 a.m. and 3:00 deterioration of the BFGoodrich main veterinarian and found free of ticks. p.m., Monday through Friday, except brake assemblies was caused by thermal Done in Washington, DC, this 17th day of Federal holidays. Comments may be oxidation of the carbon material on the July 2000. submitted via fax to (425) 227–1232. heat sinks used in the main brake assemblies, P/N 2–1598–1 and P/N 2– Craig A. Reed, Comments may also be sent via the Internet using the following address: 9- 1600–1, due to exposure to elevated Administrator, Animal and Plant Health temperatures for prolonged periods of Inspection Service. [email protected]. Comments time. sent via the Internet must contain [FR Doc. 00–18566 Filed 7–20–00; 8:45 am] Further investigation revealed that the ‘‘Docket No. 2000–NM–210–AD’’ in the BILLING CODE 3410±34±U oxidation inhibitor process used by subject line and need not be submitted BFGoodrich does not completely in triplicate. Comments sent via the prevent oxidation of the carbon brake DEPARTMENT OF TRANSPORTATION Internet as attached electronic files must material. BFGoodrich advises that the be formatted in Microsoft Word 97 for carbon brakes, which are susceptible to Federal Aviation Administration Windows or ASCII text. this oxidation condition, are used only The service information referenced in on Airbus Model A319 and A320 series this AD may be obtained from 14 CFR Part 39 airplanes. Such oxidation first develops BFGoodrich Aerospace Wheel & Brake on the inner diameter of the rotor disk [Docket No. 2000±NM±210±AD; Amendment Systems Division, P.O. Box 340, Troy, 39±11824; AD 2000±14±14] assemblies when the brake assembly is Ohio, 45373. This information may be almost worn-to-limit. This condition, if RIN 2120±AA64 examined at the FAA, Transport not corrected, could result in Airplane Directorate, 1601 Lind deterioration of the MLG brakes, and Airworthiness Directives; BFGoodrich Avenue, SW., Renton, Washington; or at Main Brake Assemblies as Installed on consequent reduced braking the Office of the Federal Register, 800 performance. Airbus Model A319 and A320 Series North Capitol Street, NW., suite 700, Airplanes Washington, DC. Explanation of Relevant Service Information AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Administration, DOT. Norman B. Martenson, Manager, BFGoodrich has issued Service ACTION: Final rule; request for International Branch, ANM–116, FAA, Bulletins 2–1598–32–2 and 2–1600–32– comments. Transport Airplane Directorate, 1601 3, both dated June 16, 2000, which Lind Avenue, SW., Renton, Washington describe procedures for an initial SUMMARY: This amendment adopts a 98055–4056; telephone (425) 227–2110; inspection to determine the length of new airworthiness directive (AD) that is fax (425) 227–1149. the wear indicator pins of the MLG applicable to certain BFGoodrich main SUPPLEMENTARY INFORMATION: On main brake assemblies and repetitive brake assemblies as installed on Airbus November 24, 1999, the FAA issued AD inspections thereafter at certain Model A319 and A320 series airplanes. 99–25–07, amendment 39–11450 (64 FR intervals. Procedures include follow-on This action requires repetitive 68620, December 8, 1999), which is inspections if the length of either wear inspections to determine the length of applicable to certain BFGoodrich main indicator pin measures between 0.60 the wear indicator pins of the main brake assemblies having part number (P/ and 0.70 inches, or if the length of the brake assemblies of the main landing N) 2–1598 or P/N 2–1600 as installed on pin measures between 0.20 and 0.30 gear (MLG); follow-on inspections; and Airbus Model A319 and A320 series inches; and corrective actions, if corrective actions, if necessary. This airplanes. That AD requires a one-time necessary. Follow-on inspections

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