[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13651]


[[Page Unknown]]

[Federal Register: June 6, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 92

[Docket No. 94-032-1]

 

Importation of Brushtail Possums and Hedgehogs From New Zealand

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the animal importation regulations to prohibit 
the importation of brushtail possums and hedgehogs from New Zealand. 
This action is necessary to prevent the introduction of tuberculous 
animals into the United States. The intended effect is to protect 
domestic livestock from this disease.

DATES: Interim rule effective May 31, 1994. Consideration will be given 
only to comments received on or before August 5, 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. 94-032-1. 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. Samuel Richeson, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import 
and Export, Veterinary Services, APHIS, USDA, room 764, Federal 
Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as the 
regulations) prohibit or restrict the importation into the United 
States of certain animals and birds to prevent the introduction of 
communicable livestock and poultry diseases, including bovine 
tuberculosis.
    Bovine tuberculosis is a serious communicable disease of cattle, 
bison, and other species, including humans, caused by Mycobacterium 
bovis. Bovine tuberculosis (referred to below as TB) causes weight 
loss, general debilitation, and sometimes death. This disease manifests 
itself as lung disease or draining, nonhealing abscesses, or both. It 
is generally transmitted by breathing in respiratory excretions from 
infected animals or drinking infected milk from infected animals.
    New Zealand has reported that TB is endemic in the brushtail possum 
(Trichosurus vulpecula). These possums are a constant source of disease 
for the domestic livestock population of New Zealand. Based upon 
information received from the New Zealand Ministry of Agriculture and 
Fisheries and information available in scientific literature, we 
recently prepared a risk assessment regarding the importation of 
brushtail possums from New Zealand into the United States. This risk 
assessment indicates that 45.8 percent (range 7.2 percent to 67.4 
percent) of consignments of imported brushtail possums (generally 
imported in 4 consignments of 12 animals each) would contain 1 or more 
possums infected with Mycobacterium bovis. Additionally, there is no 
recognized test for detecting TB in brushtail possums. These factors 
present a significant risk that TB-infected brushtail possums from New 
Zealand could be imported into the United States.
    Because hedgehogs from New Zealand occupy the same habitat and 
geographical areas as the brushtail possums, there is some risk that 
hedgehogs could contract TB from TB-infected possums. Also, as with the 
brushtail possums, there is no recognized test for detecting TB in 
hedgehogs. These factors present an unacceptable risk that TB-infected 
hedgehogs from New Zealand could be imported into the United States.
    There have been a number of importations of brushtail possums and 
hedgehogs from New Zealand into the United States. Both these animals 
could likely survive and thrive in the wild in much of the United 
States. If infected with Mycobacterium bovis and allowed to roam 
freely, these animals could disseminate the TB organism over range and 
pasture land. Consuming grass contaminated with the TB organism by TB-
infected brushtail possums is the major mode of TB infection in cattle 
in New Zealand. To prevent a similar situation in the United States, we 
are amending the regulations by adding a new subpart G to prohibit the 
importation of brushtail possums and hedgehogs from New Zealand 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 TB 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 signature. 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. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This rule prohibits the importation of brushtail possums and 
hedgehogs from New Zealand into the United States. These animals are 
imported as pets, for animal exhibitions, and for petting zoos.
    Regulating the importation of certain animals that pose a disease 
risk to livestock in the United States is a continuing program. 
Discontinuing the importation of brushtail possums and hedgehogs from 
New Zealand will have no significant cost impacts, but it will produce 
a benefit by helping to protect domestic livestock from this disease.
    The incidence of TB in domestic cattle remains relatively small; 
however, it has increased slightly in the past several years. Most of 
the incidences have occurred in States that share a border with Mexico. 
Mexican-origin cattle accounted for 83 percent of all TB lesions 
disclosed at slaughter in 1992. There are very few cases of TB in the 
rest of the country.
    The inventory of all cattle and calves in the United States is 
estimated at 101.7 million head, with an estimated value of almost $67 
billion. Nationwide, there are approximately 1.2 million operations 
with cattle and calves, according to USDA data.
    The economic impact on the domestic cattle industry if TB-infected 
brushtail possums and hedgehogs from New Zealand were imported into the 
United States would be severe. The annual costs in New Zealand for 
possum damage (for example, damage to the environment and bovine TB 
attributable to the brushtail possum), disease surveillance, control 
and research probably exceed $20 million.
    According to the Fish and Wildlife Service, there are probably two 
known importers of brushtail possums and hedgehogs from New Zealand. 
These importers would be considered small entities under the Small 
Business Administration criteria. Although the Fish and Wildlife 
Service could not provide data on the actual number of imported 
brushtail possums and hedgehogs imported from New Zealand into the 
United States by these importers, the Service has stated that these 
animals represent a very small percent of the total number of animals 
imported into the United States by these importers.
    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 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).

    2. In part 92, a new subpart G is added to read as follows:

Subpart G--Hedgehogs and Possums

Sec.
92.700  Definitions.
92.701  Prohibition.

Subpart G--Hedgehogs and Possums


Sec. 92.700  Definitions.

    Wherever in this subpart the following terms are used, unless the 
context otherwise requires, they shall be construed, respectively, to 
mean:
    Brushtail possum. Vulpine phalangers (Trichosurus vulpecula) of the 
family Phalangeridae.
    Hedgehog. All members of the family Erinaceidae.
    United States. All of the States of the United States, the District 
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the 
Virgin Islands of the United States, and all other territories and 
possessions of the United States.


Sec. 92.701  Prohibition.

    No brushtail possum or hedgehog from New Zealand shall be imported 
into the United States.

    Done in Washington, DC, this 31st day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-13651 Filed 6-3-94; 8:45 am]
BILLING CODE 3410-34-P