[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4325]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 92
[Docket No. 93-113-2]
Horses From Portugal
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are declaring Portugal free of African horse sickness and
removing Portugal from the list of countries which the Animal and Plant
Health Inspection Service considers affected with African horse
sickness. This action relieves certain restrictions on the importation
into the United States of horses from Portugal.
EFFECTIVE DATE: March 14, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Harvey A. Kryder, Chief Staff
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 753, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.
SUPPLEMENTARY INFORMATION:
Background
The regulations on animal importations in 9 CFR parts 92 and 94
(referred to below as the regulations) govern the importation into the
United States of specified animals and animal products to prevent the
introduction of various livestock diseases, including African horse
sickness (AHS). AHS is a fatal equine viral disease not found in the
United States.
On November 1, 1993, we published in the Federal Register (58 FR
58304-58305, Docket No. 93-113-1) a proposal to amend the regulations
by removing Portugal from the list in Sec. 92.308(a)(2) of countries
which the Animal and Plant Health Inspection Service considers affected
with AHS.
We solicited comments concerning our proposed rule for a 30-day
period ending on November 29, 1993. During that period, we received two
comments, both from horse associations. Both associations supported the
proposed rule; one made additional comments not related to the proposed
rule. Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposed rule as a final rule
without change.
Effective Date
This is a substantive rule that relieves restrictions, and,
pursuant to the provisions of 5 U.S.C. 553, may be made effective less
than 30 days after publication in the Federal Register. This rule
removes Portugal from the list in Sec. 92.308(a)(2) of countries which
APHIS considers affected with AHS. We have determined that
approximately 2 weeks are needed to ensure that APHIS personnel at
ports of entry receive official notice of this change in the
regulations. Therefore, the Administrator of the APHIS has determined
that this rule should be made effective 15 days after publication in
the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This final 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.
The number of horses imported into the United States is small; we
estimate, using 1991 and 1992 figures, that only 0.2 to 0.3 percent of
all horses in the United States have been imported. Furthermore, during
the last 2 years, only one horse has been imported from Portugal.
Therefore, we anticipate that any increase in horse imports from
Portugal as a result of this rule will be insignificant.
Principally, this rule will allow horses from Portugal to make
temporary visits to the United States for shows or sporting events.
Currently, such visits are impractical, since horses imported from
Portugal must be quarantined in New York for at least 60 days, at a
cost to importers of approximately $4,700 per horse. The rule will
allow horses from Portugal making temporary visits to the United States
to enter through a variety of ports and be quarantined for a shorter,
and less expensive, period. Accordingly, though this rule may have a
positive economic impact on importers bringing horses from Portugal
into the United States for temporary visits, we anticipate that the
overall economic impact on businesses and individuals will be minimal.
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 9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 92 is amended as follows:
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
1. The authority citation for part 92 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, 135, 136 and 136a; 31
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 92.308 [Amended]
2. In Sec. 92.308, paragraph (a)(2) is amended by removing
``Portugal,''.
Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4325 Filed 2-24-94; 8:45 am]
BILLING CODE 3410-34-P
