[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26905]
[[Page Unknown]]
[Federal Register: October 31, 1994]
VOL. 59, NO. 209
Monday, October 31, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 94-097-1]
Horses From Spain; Change in Disease Status
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning the
importation of horses to remove Spain from the list of countries in
which African horse sickness exists. We believe that Spain is free of
African horse sickness, and that restrictions on the importation of
horses from Spain to prevent the spread of African horse sickness into
the United States are no longer necessary. This action relieves
unnecessary restrictions on the importation of horses from Spain.
DATES: Consideration will be given only to comments received on or
before December 30, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O.
Drawer 810, Riverdale, MD 20738. Please state that your comments refer
to Docket No. 94-097-1. 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. John Cougill, Staff Veterinarian,
Import-Export Products Staff, National Center for Import-Export,
Veterinary Services, APHIS, USDA, room 758A, Federal Building, 6505
Belcrest Road, Hyattsville, MD 20782, (301) 436-7834.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (referred to below as the
regulations) state the provisions for the importation into the United
States of specified animals to prevent the introduction of various
animal diseases, including African horse sickness (AHS). AHS, a fatal
equine viral disease, is not known to exist in the United States.
Section 92.308(a)(2) of the regulations lists countries that the Animal
and Plant Health Inspection Service (APHIS) considers affected with
AHS, and sets forth specific requirements for horses which are imported
from those countries. APHIS requires horses intended for importation
from any of the countries listed, 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, NY, for at least 60 days.
Spain has applied to the United States Department of Agriculture to
be recognized as free from AHS. Spain's last diagnosed case of AHS was
on October 29, 1990. From December 1990 through December 1992, Spain
conducted an extensive AHS vaccination program. Effective November 30,
1993, the European Union declared Spain to be free of AHS.
APHIS has reviewed the documentation submitted by the Government of
Spain in support of its request. An APHIS official also performed an
on-site inspection of two of Spain's Animal Health Ministry's
laboratories. The APHIS official inspected both the Laboratory of
Animal Health and Production at Algetes and the Regional Laboratory of
Animal Health and Production at Cordoba. Both laboratories have been
heavily involved in eradication, vaccination, research, and
surveillance activities for AHS. The laboratory at Algetes serves as
the European Union's Reference Laboratory for AHS and is responsible
for providing verification of any suspected positive test result for
the AHS virus submitted by the 17 regional laboratories in Spain. In
1993, the regional laboratory at Cordoba tested 180 spleen samples from
horses in Spain that died of unknown causes or were killed in traffic
accidents; all results were negative for the AHS virus. The APHIS
official conducting the on-site evaluation concluded that the
laboratory systems are highly effective and contributed to the
eradication of AHS from Spain.
Based on the information discussed above, we believe that Spain
qualifies for removal from the list of countries, in Sec. 92.308(a)(2)
of the regulations, which APHIS considers affected with AHS. This
proposed action would relieve restrictions which require horses
imported from Spain to enter the United States only at the port of New
York and be quarantined at the New York Animal Import Center in
Newburgh, NY, for at least 60 days. This proposed action would allow
horses from Spain to be shipped to and quarantined at ports designated
in Sec. 92.303, and would reduce the quarantine period to an average of
three days to meet the quarantine and testing requirements specified in
Sec. 92.308.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 primary impact of this proposal will be on U.S. importers of
horses from Spain, none of whom can be considered a small entity. These
importers will no longer be required to quarantine horses from Spain
for 60 days at the New York Animal Import Center in Newburgh, NY. The
proposed rule would allow horses from Spain to be shipped to and
quarantined at ports designated in Sec. 92.303, and would reduce the
quarantine and testing period to an average of three days to meet
quarantine requirements specified in Sec. 92.308.
The number of horses imported from Spain each year is extremely
small. In 1993, the United States imported 20,715 horses, mules, and
burros, of which only nine came from Spain. Removing the requirement
for a 60-day quarantine at the New York Animal Import Center in
Newburgh, NY, for horses from Spain will make the importation of these
horses less expensive and logistically easier. We anticipate that the
number of horses imported from Spain may slightly increase. However,
with the very small number of horses imported from Spain, we anticipate
the overall economic impact on businesses and individuals would be
minimal.
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 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 inconsistent 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
This proposed 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 would be 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 would continue 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) would be amended by removing
``Spain,''.
Done in Washington, DC, this 26th day of October 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-26905 Filed 10-28-94; 8:45 am]
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