[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13929-13930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6373]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 95-014-1]
Horses From the United Arab Emirates; Change in Disease Status
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning the
importation of horses to remove the United Arab Emirates from the list
of countries in which African horse sickness exists. We believe that
the United Arab Emirates is free of African horse sickness, and that
restrictions on the importation of horses from the United Arab Emirates
to prevent the spread of African horse sickness into the United States
are no longer necessary. This action would relieve unnecessary
restrictions on the importation of horses from the United Arab
Emirates.
DATES: Consideration will be given only to comments received on or
before March 30, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-014-1, Animal and Plant Health Inspection Service, Policy
and Program Development, Regulatory Analysis and Development, 4700
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your
comments refer to Docket No. 95-014-1. 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. John Cougill, Staff Veterinarian,
Animal and Plant Health Inspection Service, Veterinary Services,
National Center for Import and Export, Import/Export Products, 4700
River Road Unit 40, Riverdale, MD 20737-1228.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (referred to below as the
regulations) state the provisions for the importation into the United
States of specified animals to prevent the introduction of various
animal diseases, including African horse sickness (AHS). AHS, a fatal
equine viral disease, is not known to exist in the United States.
Section 92.308(a)(2) of the regulations lists countries that the Animal
and Plant Health Inspection Service (APHIS) considers affected with
AHS, and sets forth specific requirements for horses which are imported
from those countries. APHIS requires horses intended for importation
from any of the countries listed, including horses that have stopped in
or transited those countries, to enter the United States only at the
port of New York and be quarantined at the New York Animal Import
Center in Newburgh, NY, for at least 60 days. [[Page 13930]]
The United Arab Emirates (UAE) has applied to the United States
Department of Agriculture to be recognized as free from AHS. The UAE's
last diagnosed case of AHS was over 29 years ago. The UAE has been
testing horses for AHS. Additionally, they have an active surveillance
program to monitor for AHS.
APHIS has reviewed the documentation submitted by the Government of
the UAE in support of its request. APHIS officials also performed on-
site inspections of the UAE's surveillance program and veterinary
infrastructure. APHIS officials reviewed the qualifications of the
UAE's veterinarians, microbiologists, and histopathologists. APHIS
officials inspected the virology, parasitology, and bacteriology lab
facilities at the Central Veterinary Research Laboratory in Dubai.
Additionally, APHIS officials evaluated the UAE's import-export
practices, including airports, border crossings, and quarantine
facilities. The airports and border crossings are tightly controlled
with adequate fencing and other physical barriers to control entry into
the UAE. The APHIS officials conducting the on-site evaluation
concluded that the veterinary infrastructure, laboratory facilities,
and import-export practices are effective and contribute to the AHS-
free status of the UAE.
Based on the information discussed above, we believe that the UAE
qualifies for removal from the list of countries, in Sec. 92.308(a)(2)
of the regulations, which APHIS considers affected with AHS. This
proposed action would relieve restrictions which require horses
imported from the UAE to enter the United States only at the port of
New York and be quarantined at the New York Animal Import Center in
Newburgh, NY, for at least 60 days. This proposed action would allow
horses from the UAE to be shipped to and quarantined at ports
designated in Sec. 92.303, and would reduce the quarantine period to an
average of 3 days to meet the quarantine and testing requirements
specified in Sec. 92.308.
Comment Period
The Administrator of the Animal and Plant Health Inspection Service
has determined that this rulemaking proceeding should be expedited by
allowing a 15-day comment period on this proposal. U.S importers have
requested that this rulemaking be completed in time to allow them to
import horses from the UAE for this year's Kentucky Derby, to be held
May 6, 1995. The comment period would allow the agency to promulgate
and implement a final rule on an expedited basis. Prompt implementation
of a final rule would facilitate the importation of horses by removing
unnecessary quarantine restrictions. Removing the UAE from the list of
AHS countries would significantly reduce the quarantine period for
horses imported from the UAE. Additionally, this proposal would allow
more flexibility in the ports used for the importation of horses from
the UAE, making the importation of horses from the UAE logistically
easier.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 primary impact of this proposal will be on U.S. importers of
horses from the UAE. The horses imported from the UAE tend to be
higher-valued, purebred horses. These horses are worth 10 to 20 times
more than the average price per horse from the rest of the world. Few,
if any, of these importers can be considered a small entity. These
importers will no longer be required to quarantine horses from the UAE
for 60 days at the New York Animal Import Center in Newburgh, NY. The
proposed rule would allow horses from the UAE to be shipped to and
quarantined at ports designated in Sec. 92.303, and would reduce the
quarantine and testing period to an average of three days to meet
quarantine requirements specified in Sec. 92.308.
While no horses are reported in the ``Foreign Agricultural Trade of
the United States'' as being imported directly from the UAE, we believe
that each year an average of 10 to 20 horses are imported indirectly
from the UAE through Europe. Removing the requirement for a 60-day
quarantine at the New York Animal Import Center in Newburgh, NY, for
horses from the UAE will make the importation of these horses less
expensive and logistically easier. We anticipate that the number of
horses imported from the UAE may slightly increase. We estimate
approximately 50 to 100 horses may be imported per year, though some of
these horses will only be temporarily imported to the United States for
particular events, and then transported back to the UAE. With the very
small number of horses imported from the UAE, we anticipate the overall
economic impact on businesses and individuals would be minimal.
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 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 inconsistent 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
This proposed 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 would be 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 would continue 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) would be amended by removing
``the United Arab Emirates,''.
Done in Washington, DC, this 9th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-6373 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-34-P
