[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24780]
[[Page Unknown]]
[Federal Register: October 6, 1994]
VOL. 59, NO. 193
Thursday, October 6, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 75
[Docket No. 94-061-1]
Equine Infectious Anemia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning
interstate movement of horses that test positive for equine infectious
anemia to allow the horses to be moved interstate directly to slaughter
under a permit and in a sealed conveyance, as an alternative to the
horses being officially identified prior to the interstate movement
with a hot iron or chemical brand, freezemarking, or a lip tattoo. This
proposed change in the regulations would provide owners of equine
infectious anemia reactors with an alternative means of handling their
animals while preventing the spread of this communicable disease.
DATES: Consideration will be given only to comments received on or
before December 5, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 94-061-1. Comments
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 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, Sheep, Goat, Equine and Poultry Staff, Veterinary
Services, APHIS, USDA, room 769B, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-3279.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 75 (referred to below as the
regulations) contain provisions for the interstate movement of horses,
asses, ponies, mules, and zebras that test positive for communicable
diseases, including equine infections anemia (EIA). The purpose of
these provisions is to prevent the spread of communicable diseases,
including EIA. A viral disease of equines, EIA, also known as swamp
fever, may be characterized by sudden fever, swelling of the legs and
lower parts of the body, severe weight loss, and anemia.
Section 75.4(a) of the regulations defines an EIA reactor as any
horse, ass, mule, pony or zebra which is subjected to an official test
and found positive. Under Sec. 75.4(b) of the regulations, no EIA
reactor may be moved interstate unless the reactor is officially
identified and meets certain other requirements. Section 75.4(a) of the
regulations defines ``officially identified'' as the permanent
identification of a reactor with markings permanently applied by an
Animal and Plant Health Inspection Service (APHIS) representative, a
State representative, or an accredited veterinarian using a hot iron or
chemical brand, freezemarking or a lip tattoo.
APHIS believes that EIA reactors could be moved interstate to
slaughter under a permit and in a sealed conveyance, as an alternative
to being officially identified prior to the interstate movement. Moving
EIA reactors interstate to slaughter under a permit and in a sealed
conveyance would ensure that the animals are not diverted for other
uses.
Therefore, we are proposing to amend the requirements for
interstate movement in Sec. 75.4(b) by adding a provision stating that
``Official identification is not necessary if the animal is moved
directly to slaughter, traveling under a permit and in a sealed
conveyance.'' In addition, we propose to add definitions to
Sec. 75.4(a) for ``official seal'' and ``permit.'' An official seal
would be defined as a ``serially numbered metal or plastic strip, or a
serially numbered button, consisting of a self-locking device on one
end and a slot on the other end, which forms a loop when the ends are
engaged and which cannot be reused if opened. It is applied by an APHIS
representative or State representative.'' A permit would be defined as
an ``official document (VS Form 1-27 or a State form which contains the
same information, but not a `permit for entry') issued by an APHIS
representative, State representative, or accredited veterinarian which
lists the owner's name and address, points of origin and destination,
number of animals covered, purpose of the movement, and one of the
following: The individual animal registered breed association
registration tattoo, individual animal registered breed association
registration number, or similar individual identification, including
name, age, sex, breed, color, and markings.''
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
Because this proposed rule would provide an alternative, the
economic impact to horse owners would be minimal. The horse owners that
would be affected by this rule change are those that have horses which
test positive for EIA and voluntarily choose to transport their horses
interstate to slaughter under an official seal. APHIS estimates that,
annually, between 500 and 1,000 horse operations have horses that
become infected with EIA. Although it is not known how many of these
operations are ``small'' entities (less than $0.5 million in annual
sales, according to Small Business Administration size criteria), it is
likely that most are in that category.
Current estimates put the number of horses in the United States
between 6 and 10 million. In 1993, about 1 million horses were tested
for EIA. Of these, 1,859 (about 0.18 percent) tested positive for EIA.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this proposed rule have been approved by the Office of
Management and Budget (OMB) under OMB control number 0579-0051.
List of Subjects in 9 CFR Part 75
Animal diseases, Horses, Quarantine, Reporting and recordkeeping
requirements, Transportation.
Accordingly, 9 CFR part 75 would be amended as follows:
PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND
ZEBRAS
1. The authority citation for part 75 would continue to read as
follows:
Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134-
134h; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 75.4, paragraph (a) would be amended by adding new
definitions, in alphabetical order, and in paragraph (b), the
introductory text would be amended by adding a statement immediately
before the colon, to read as follows:
Sec. 75.4 Interstate movement of equine infectious anemia reactors and
approval of laboratories, diagnostic facilities, research facilities,
and stockyards.
(a) * * *
* * * * *
Official seal. A serially numbered metal or plastic strip, or a
serially numbered button, consisting of a self-locking device on one
end and a slot on the other end, which forms a loop when the ends are
engaged and which cannot be reused if opened. It is applied by an APHIS
representative or State representative.
* * * * *
Permit. An official document (VS Form 1-27 or a State form which
contains the same information, but not a ``permit for entry'') issued
by an APHIS representative, State representative, or accredited
veterinarian which lists the owner's name and address, points of origin
and destination, number of animals covered, purpose of the movement,
and one of the following: The individual animal registered breed
association registration tattoo, individual animal registered breed
association registration number, or similar individual identification,
including name, age, sex, breed, color, and markings.
* * * * *
(b) * * * ; Provided that official identification is not
necessary if the reactor is moved directly to slaughter under a permit
and in a conveyance sealed with an official seal.
* * * * *
Sec. 75.4 [Amended]
3. Section 75.4 would be amended by adding at the end of the
section the following:
(Approved by the Office of Management and Budget under control
number 0057-0051)
Done in Washington, DC, this 30th day of September 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-24780 Filed 10-5-94; 8:45 am]
BILLING CODE 3410-34-P
