[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Rules and Regulations]
[Pages 17634-17635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8617]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 95-014-2]
Horses From the United Arab Emirates; Change in Disease Status
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending 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 have determined 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 relieves unnecessary restrictions on the
importation of horses from the United Arab Emirates.
EFFECTIVE DATE: April 7, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian,
Import/Export Products, National Center for Import and Export, VS,
APHIS, Suite 3B05, 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.
On March 15, 1995, we published in the Federal Register (60 FR
13929-13930, Docket No. 94-014-1) a proposal to amend the regulations
by removing the United Arab Emirates (UAE) from the list of countries
in Sec. 92.308(a)(2), which APHIS considers affected with AHS.
We solicited comments concerning our proposal for 15 days ending
March 30, 1995. We received three supportive comments by that date.
They were from a horse transport company, a horse industry association,
and a thoroughbred farm.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the [[Page 17635]] provisions of 5 U.S.C. 553, may be made effective
less than 30 days after publication in the Federal Register. This rule
relieves 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 rule allows horses from the UAE to be shipped to and
quarantined at ports designated in Sec. 92.303, and reduces the
quarantine period to an average of three days to meet the quarantine
and testing requirements specified in Sec. 92.308. Therefore, the
Administrator of the Animal and Plant Health Inspection Service has
determined that this rule should be made effective on the date of
publication in the Federal Register.
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.
The primary impact of this rule 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. This
rule will allow horses from the UAE to be shipped to and quarantined at
ports designated in Sec. 92.303, and will 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 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 ``the
United Arab Emirates,''.
Done in Washington, DC, this 31st day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-8617 Filed 4-6-95; 8:45 am]
BILLING CODE 3410-34-P
