[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24780]


[[Page Unknown]]

[Federal Register: October 6, 1994]


                                                   VOL. 59, NO. 193

                                          Thursday, October 6, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 75

[Docket No. 94-061-1]

 

Equine Infectious Anemia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning 
interstate movement of horses that test positive for equine infectious 
anemia to allow the horses to be moved interstate directly to slaughter 
under a permit and in a sealed conveyance, as an alternative to the 
horses being officially identified prior to the interstate movement 
with a hot iron or chemical brand, freezemarking, or a lip tattoo. This 
proposed change in the regulations would provide owners of equine 
infectious anemia reactors with an alternative means of handling their 
animals while preventing the spread of this communicable disease.

DATES: Consideration will be given only to comments received on or 
before December 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. 94-061-1. 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. Tim Cordes, Senior Staff 
Veterinarian, Sheep, Goat, Equine and Poultry Staff, Veterinary 
Services, APHIS, USDA, room 769B, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, (301) 436-3279.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 75 (referred to below as the 
regulations) contain provisions for the interstate movement of horses, 
asses, ponies, mules, and zebras that test positive for communicable 
diseases, including equine infections anemia (EIA). The purpose of 
these provisions is to prevent the spread of communicable diseases, 
including EIA. A viral disease of equines, EIA, also known as swamp 
fever, may be characterized by sudden fever, swelling of the legs and 
lower parts of the body, severe weight loss, and anemia.
    Section 75.4(a) of the regulations defines an EIA reactor as any 
horse, ass, mule, pony or zebra which is subjected to an official test 
and found positive. Under Sec. 75.4(b) of the regulations, no EIA 
reactor may be moved interstate unless the reactor is officially 
identified and meets certain other requirements. Section 75.4(a) of the 
regulations defines ``officially identified'' as the permanent 
identification of a reactor with markings permanently applied by an 
Animal and Plant Health Inspection Service (APHIS) representative, a 
State representative, or an accredited veterinarian using a hot iron or 
chemical brand, freezemarking or a lip tattoo.
    APHIS believes that EIA reactors could be moved interstate to 
slaughter under a permit and in a sealed conveyance, as an alternative 
to being officially identified prior to the interstate movement. Moving 
EIA reactors interstate to slaughter under a permit and in a sealed 
conveyance would ensure that the animals are not diverted for other 
uses.
    Therefore, we are proposing to amend the requirements for 
interstate movement in Sec. 75.4(b) by adding a provision stating that 
``Official identification is not necessary if the animal is moved 
directly to slaughter, traveling under a permit and in a sealed 
conveyance.'' In addition, we propose to add definitions to 
Sec. 75.4(a) for ``official seal'' and ``permit.'' An official seal 
would be defined as a ``serially numbered metal or plastic strip, or a 
serially numbered button, consisting of a self-locking device on one 
end and a slot on the other end, which forms a loop when the ends are 
engaged and which cannot be reused if opened. It is applied by an APHIS 
representative or State representative.'' A permit would be defined as 
an ``official document (VS Form 1-27 or a State form which contains the 
same information, but not a `permit for entry') issued by an APHIS 
representative, State representative, or accredited veterinarian which 
lists the owner's name and address, points of origin and destination, 
number of animals covered, purpose of the movement, and one of the 
following: The individual animal registered breed association 
registration tattoo, individual animal registered breed association 
registration number, or similar individual identification, including 
name, age, sex, breed, color, and markings.''

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    Because this proposed rule would provide an alternative, the 
economic impact to horse owners would be minimal. The horse owners that 
would be affected by this rule change are those that have horses which 
test positive for EIA and voluntarily choose to transport their horses 
interstate to slaughter under an official seal. APHIS estimates that, 
annually, between 500 and 1,000 horse operations have horses that 
become infected with EIA. Although it is not known how many of these 
operations are ``small'' entities (less than $0.5 million in annual 
sales, according to Small Business Administration size criteria), it is 
likely that most are in that category.
    Current estimates put the number of horses in the United States 
between 6 and 10 million. In 1993, about 1 million horses were tested 
for EIA. Of these, 1,859 (about 0.18 percent) tested positive for EIA.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule have been approved by the Office of 
Management and Budget (OMB) under OMB control number 0579-0051.

List of Subjects in 9 CFR Part 75

    Animal diseases, Horses, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, 9 CFR part 75 would be amended as follows:

PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND 
ZEBRAS

    1. The authority citation for part 75 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134-
134h; 7 CFR 2.17, 2.51, and 371.2(d).

    2. In Sec. 75.4, paragraph (a) would be amended by adding new 
definitions, in alphabetical order, and in paragraph (b), the 
introductory text would be amended by adding a statement immediately 
before the colon, to read as follows:


Sec. 75.4  Interstate movement of equine infectious anemia reactors and 
approval of laboratories, diagnostic facilities, research facilities, 
and stockyards.

    (a) *  *  *
* * * * *
    Official seal. A serially numbered metal or plastic strip, or a 
serially numbered button, consisting of a self-locking device on one 
end and a slot on the other end, which forms a loop when the ends are 
engaged and which cannot be reused if opened. It is applied by an APHIS 
representative or State representative.
* * * * *
    Permit. An official document (VS Form 1-27 or a State form which 
contains the same information, but not a ``permit for entry'') issued 
by an APHIS representative, State representative, or accredited 
veterinarian which lists the owner's name and address, points of origin 
and destination, number of animals covered, purpose of the movement, 
and one of the following: The individual animal registered breed 
association registration tattoo, individual animal registered breed 
association registration number, or similar individual identification, 
including name, age, sex, breed, color, and markings.
* * * * *
    (b) *  *  * ; Provided that official identification is not 
necessary if the reactor is moved directly to slaughter under a permit 
and in a conveyance sealed with an official seal.
* * * * *


Sec. 75.4  [Amended]

    3. Section 75.4 would be amended by adding at the end of the 
section the following:

(Approved by the Office of Management and Budget under control 
number 0057-0051)

    Done in Washington, DC, this 30th day of September 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-24780 Filed 10-5-94; 8:45 am]
BILLING CODE 3410-34-P