[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