[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31966-31967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15107]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. 98-069-2]
Horses From Australia and New Zealand; Quarantine Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations regarding the importation of
horses to exempt horses imported from Australia and New Zealand from
testing for dourine and glanders during the quarantine period. This
action is warranted because neither country has ever had a reported
case of dourine, New Zealand has never had a reported case of glanders,
and Australia has not had a reported case of glanders since 1891. It
appears that horses imported from Australia and New Zealand will pose a
negligible risk of introducing dourine and glanders into the United
States.
EFFECTIVE DATE: June 30, 1999.
FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff
Officer, Regionalization Evaluation Services Staff, National Center for
Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD,
20737-1231; (301)734-8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93 (referred to below as the
regulations) govern the importation into the United States of specified
animals and animal products to prevent the introduction into the United
States of various animal diseases, including dourine and glanders.
Dourine and glanders are potentially fatal equine diseases that are not
known to exist in the United States.
Under Sec. 93.308(a)(3) of the regulations, horses imported from
any part of the world must, in order to qualify for release from
quarantine, test negative to official tests for dourine, glanders,
equine piroplasmosis, equine infectious anemia, and any other tests and
procedures that may be required by the Administrator of the Animal and
Plant Health Inspection Service (APHIS) to determine their freedom from
communicable diseases.
On November 30, 1998, we published in the Federal Register (63 FR
65712-65714, Docket No. 98-069-1) a proposal to amend the regulations
to exempt horses imported from Australia and New Zealand from testing
for dourine and glanders during the quarantine period. This proposed
action was based on information received from the Governments of
Australia and New Zealand.
We solicited comments concerning our proposal for 60 days ending
January 29, 1999. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting 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 relieves
restrictions that require the testing of horses imported from Australia
and New Zealand for dourine and glanders. Therefore, the Administrator
of the Animal and Plant Health Inspection Service has determined that
this rule should be effective 15 days after the date of publication in
the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This final rule will exempt horses imported into the United States
from Australia and New Zealand from the requirement for testing for
dourine and glanders during the quarantine period. We believe that
there is a negligible risk of horses imported from Australia and New
Zealand introducing dourine and glanders into the United States.
U.S. importers of horses from Australia and New Zealand will be
affected by this rule. These importers will no longer be required to
have horses that are imported from Australia and New Zealand tested for
dourine and glanders during the quarantine period. As a consequence,
U.S. importers will save $18 for the cost of both tests. However,
horses imported from Australia and New Zealand will still have to be
tested for equine piroplasmosis, equine infectious anemia, and undergo
any other tests and procedures that may be required by APHIS to
determine their freedom from communicable diseases.
According to the 1992 Census of Agriculture, the United States had
a total population of at least 2,049,522 horses. The United States is a
net exporter of horses. In 1997, the United States exported 56,953
horses valued at $271 million, and imported 23,794 horses valued at
$134 million. However, only 45 of the horses were imported from
Australia, and 130 of the horses were imported from New Zealand. The
total number of horses imported into the United States from Australia
and New Zealand is small due to the distances the horses must travel
and the high transportation costs, which are reflected in the prices of
the horses. For example, horses imported from Canada have an average
price of $1,490, while horses imported from Australia and New Zealand
have an average price of $20,682, and $13,781, respectively. Given
these relatively high prices and the rather small expected savings of
$18 per horse imported, we do not expect this action will result in an
increase in the number of horses imported into the United States from
Australia and New Zealand, nor do we expect this action will have a
significant economic impact on U.S. importers of horses from Australia
and New Zealand, regardless of their size.
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 12988
This rule has been reviewed under Executive Order 12988, 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 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
[[Page 31967]]
Quarantine, Reporting and recordkeeping requirements.
Accordingly, we are amending 9 CFR part 93 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
1. The authority citation for part 93 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, 136, and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.2(d).
2. In Sec. 93.308, paragraph (a)(3) is revised to read as follows:
Sec. 93.308 Quarantine requirements.
(a) * * *
(3) To qualify for release from quarantine, all horses must test
negative to official tests for dourine, glanders, equine piroplasmosis,
and equine infectious anemia.\14\ However, horses imported from
Australia and New Zealand are exempt from testing for dourine and
glanders. In addition, all horses must undergo any other tests,
inspections, disinfections, and precautionary treatments that may be
required by the Administrator to determine their freedom from
communicable diseases.
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\14\ Because the official tests for dourine and glanders are
performed only at the National Veterinary Services Laboratories in
Ames, IA, the protocols for those tests have not been published and
are, therefore, not available; however, copies of ``Protocol for the
Complement-Fixation Test for Equine Piroplasmosis'' and ``Protocol
for the Immuno-Diffusion (Coggins) Test for Equine Infectious
Anemia'' may be obtained from the Animal and Plant Health Inspection
Service, Veterinary Services, National Center for Import and Export,
4700 River Road Unit 38, Riverdale, MD 20737-1231.
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* * * * *
Done in Washington, DC, this 8th day of June 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-15107 Filed 6-14-99; 8:45 am]
BILLING CODE 3410-34-P