[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11676]
[[Page Unknown]]
[Federal Register: May 13, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 92
[Docket No. 93-110-1]
Importation of Horses; Quarantine Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations concerning the importation of
horses by adding Bosnia and Herzegovina, Croatia, Finland, Guinea-
Bissau, the Member States of the European Union, Slovenia, The Former
Yugoslav Republic of Macedonia, and the nonrecognized areas of the
former Yugoslavia (Montenegro and Serbia) to the list of countries
where contagious equine metritis (CEM) exists. We are also adding Oman,
Qatar, and the United Arab Emirates to the list of countries considered
to be affected with African horse sickness (AHS). Outbreaks of CEM, a
highly transmissible venereal disease, have been reported in Bosnia and
Herzegovina, Croatia, Finland, Guinea-Bissau, Slovenia, The Former
Yugoslav Republic of Macedonia, and the nonrecognized areas of the
former Yugoslavia (Montenegro and Serbia). The Member States of the
European Union either are affected with CEM or trade horses freely with
other Member States that are affected with CEM, without testing the
horses for the disease. Oman, Qatar, and the United Arab Emirates trade
horses freely with other countries where AHS, a fatal viral disease,
exists. This action will prohibit or restrict the importation into the
United States of horses that have been in these countries. This action
is necessary to protect horses in the United States from CEM and AHS.
Neither disease is known to exist in the United States.
DATES: Interim rule effective May 13, 1994. Consideration will be given
only to comments received on or before July 12, 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. 93-110-1. 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. Joyce Bowling, Staff Veterinarian,
Import-Export Animals Staff, National Center for Import-Export,
Veterinary Services, APHIS, USDA, room 766, Federal Building, 6505
Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.
SUPPLEMENTARY INFORMATION:
Background
The regulations concerning the importation of horses (contained in
9 CFR 92.300 through 92.326 and referred to below as the regulations)
are designed to protect against the introduction into the United States
of various equine diseases such as contagious equine metritis (CEM) and
African horse sickness (AHS). Neither CEM, a highly transmissible
venereal disease, nor AHS, a fatal viral disease, is known to exist in
the United States.
Contagious Equine Metritis
Section 92.301(c)(1) of the regulations prohibits or restricts the
importation into the United States of all horses from Austria, Belgium,
Czechoslovakia, Denmark, Ireland, Italy, Japan, Federal Republic of
Germany, France, the Netherlands, Norway, Sweden, Switzerland and the
United Kingdom (England, Northern Ireland, Scotland, Wales, and the
Isle of Man) because of the existence of CEM in those countries. This
section also prohibits or restricts the importation into the United
States of all horses that have been in these countries within the 12
months immediately preceding their export to the United States.
We have received information from the Governments of Bosnia and
Herzegovina, Croatia, Finland, Guinea-Bissau, Slovenia, The Former
Yugoslav Republic of Macedonia, and the nonrecognized areas of the
former Yugoslavia (Montenegro and Serbia) that there have been
outbreaks of CEM in these countries. In response, we are amending
Sec. 92.301(c)(1) to add these countries to the list of countries where
CEM exists. We are also adding a note to this section to explain the
status of Montenegro and Serbia. The note states that Montenegro and
Serbia have asserted the formation of a joint independent State
entitled ``The Federal Republic of Yugoslavia,'' but this entity has
not been formally recognized as a State by the United States.
Currently, 12 European countries comprise the Member States of the
European Union (EU). These countries include Belgium, Denmark, Federal
Republic of Germany, France, Greece, Ireland, Italy, Luxembourg, the
Netherlands, Portugal, Spain, and the United Kingdom. Belgium, Denmark,
Ireland, Italy, Federal Republic of Germany, France, the Netherlands,
and the United Kingdom are already listed in Sec. 92.301(c)(1) as
countries where CEM exists.
However, Greece, Luxembourg, Portugal, and Spain, which are
considered to be free of CEM, trade freely within the EU. The Member
States of the EU move horses freely without testing for CEM. Further,
many countries that are affected with CEM have applied for membership
in the EU. Therefore, horses imported from Member States of the EU that
have been considered to be free of CEM present an unacceptable risk
that CEM could be introduced into the United States.
Therefore, we are also amending Sec. 92.301(c)(1) to include the
Member States of the EU in the list of countries where CEM exists. At
the same time, we are not removing from the list individual Member
States of the EU that are affected with CEM. These steps will ensure
that the Member States of the EU that are affected with CEM will remain
on the list whether or not they retain their EU membership. Conversely,
adding the phrase ``the Member States of the European Union'' will
ensure that new countries that join the EU will be covered immediately
by these provisions.
Also, we are making two miscellaneous changes to Sec. 92.301(c)(1)
to facilitate the use of the list of countries where CEM exists. We are
alphabetizing the list of countries to make them easier to read.
Further, we are changing the entry for ``Czechoslovakia'' to the two
Republics now recognized by the United States: ``Czech Republic'' and
``Slovakia.''
African Horse Sickness
Section 92.308(a)(2) of the regulations requires all horses
intended for importation from Saudi Arabia, Spain, The Yemen Arab
Republic, and all countries on the continent of Africa, 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, New York, for at least 60
days because those countries are considered to be affected with AHS.
We have received information that during the Persian-Gulf War, the
Governments of Oman, Qatar, and the United Arab Emirates allowed
movement of horses from other countries considered to be affected with
AHS, without testing the horses for AHS. Therefore, horses imported
into the United States from Oman, Qatar, and the United Arab Emirates
present an unacceptable risk of introducing AHS into the United States.
As a result of this increased disease risk, special efforts are
necessary to determine the health of these animals.
To establish the health of horses intended for importation from
Oman, Qatar, and the United Arab Emirates, we are amending
Sec. 92.308(a)(2) to add these countries to the list of countries
considered to be affected with AHS. This means that horses intended for
importation from Oman, Qatar, and the United Arab Emirates may enter
the United States only at the port of New York and must be quarantined
at the New York Animal Import Center in Newburgh, New York, for at
least 60 days. This 60-day quarantine will provide the necessary time
to test or examine horses intended for importation from these countries
for AHS and other communicable diseases. Only if the horses test
negative and are free from clinical evidence of communicable disease,
as certified by the port veterinarian, will horses from Oman, Qatar,
and the United Arab Emirates be released from quarantine. This action
will help ensure that AHS is not introduced into the United States.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. Immediate action is
necessary to prevent the introduction of CEM and AHS into the United
States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon publication in the Federal Register. We will consider
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. It will include a
discussion of any comments we receive and any amendments we are making
to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This interim 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.
This interim rule will help protect horses in the United States
from CEM and AHS. There are probably between 5.2 and 6.6 million horses
in the United States. The total value of U.S. horses is about $8
billion ($1,430 each). A very small fraction (between 0.2 and 0.3
percent, based upon 1991 to 1992 figures) of those horses were imported
into the United States.
Except for the Member States of the EU, the affected countries
export very few horses to the United States. Horses imported into the
United States from the Member States of the EU accounted for under 10
percent of the total U.S. horse imports in 1991 and 1992. From 1991 to
1992, the United States imported about 32 horses (less than 0.2 percent
of the total U.S. horse imports) from countries whose horses will be
prohibited or restricted for the first time.
The horses imported from the affected countries tend to be higher-
valued, purebred horses. These horses, worth 10 to 20 times more than
the average price per horse from the rest of the world, are likely to
continue to be imported despite any additional costs related to
quarantine and testing. Quarantine and testing of horses has been
estimated at $4,700 for the 60-day AHS quarantine and between $1,200
and $1,500 for the quarantine and testing that is required for CEM.
The U.S. trade in horses is expected to be minimally changed by
this rule, since some restrictions already apply to the importation of
horses into the United States from most of the affected countries. All
but four of the Member States of the EU are already included in the
list of countries where CEM exists. Two of those four are affected with
AHS and are already subject to restrictions on the importation of their
horses into the United States.
We are not aware of any importers that are classified as small
businesses; however, we expect the effect of the rule change to be
minimal for any U.S. business, large or small.
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 document 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 disease, 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).
2. In Sec. 92.301, paragraph (c)(1) is revised to read as follows:
Sec. 92.301 General prohibitions; exceptions.
* * * * *
(c) (1) Except as provided in paragraph (c)(2) of this section,
notwithstanding the other provisions of this part concerning the
importation of horses into the United States, the importation of all
horses from the following listed countries and the importation of all
horses that have been in the listed countries within the 12 months
immediately preceding their export to the United States is prohibited
because either contagious equine metritis (CEM) exists in the listed
countries or CEM exists in countries that trade horses freely with the
listed countries, without testing for CEM: Austria, Belgium, Bosnia and
Herzegovina, Croatia, Czech Republic, Denmark, Federal Republic of
Germany, Finland, France, Guinea-Bissau, Ireland, Italy, Japan, the
Member States of the European Union, The Netherlands, Norway, Slovakia,
Slovenia, Sweden, Switzerland, The Former Yugoslav Republic of
Macedonia, the United Kingdom (England, Northern Ireland, Scotland,
Wales, and the Isle of Man), and the nonrecognized areas of the former
Yugoslavia (Montenegro and Serbia).
Note: Montenegro and Serbia have asserted the formation of a
joint independent State entitled ``The Federal Republic of
Yugoslavia,'' but this entity has not been formally recognized as a
State by the United States.
* * * * *
Sec. 92.308 [Amended]
3. In Sec. 92.308, paragraph (a)(2), the first sentence is amended
by adding to the list of countries, in alphabetical order, the
following countries: ``Oman,'' ``Qatar,'' and ``the United Arab
Emirates.''
Done in Washington, DC, this 9th day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-11676 Filed 5-12-94; 8:45 am]
BILLING CODE 3410-34-P
