[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13929-13930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6373]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-014-1]


Horses From the United Arab Emirates; 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 the United Arab Emirates from the list 
of countries in which African horse sickness exists. We believe that 
the United Arab Emirates is free of African horse sickness, and that 
restrictions on the importation of horses from the United Arab Emirates 
to prevent the spread of African horse sickness into the United States 
are no longer necessary. This action would relieve unnecessary 
restrictions on the importation of horses from the United Arab 
Emirates.

DATES: Consideration will be given only to comments received on or 
before March 30, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-014-1, Animal and Plant Health Inspection Service, Policy 
and Program Development, Regulatory Analysis and Development, 4700 
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your 
comments refer to Docket No. 95-014-1. 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, 
Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import and Export, Import/Export Products, 4700 
River Road Unit 40, Riverdale, MD 20737-1228.

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. [[Page 13930]] 
    The United Arab Emirates (UAE) has applied to the United States 
Department of Agriculture to be recognized as free from AHS. The UAE's 
last diagnosed case of AHS was over 29 years ago. The UAE has been 
testing horses for AHS. Additionally, they have an active surveillance 
program to monitor for AHS.
    APHIS has reviewed the documentation submitted by the Government of 
the UAE in support of its request. APHIS officials also performed on-
site inspections of the UAE's surveillance program and veterinary 
infrastructure. APHIS officials reviewed the qualifications of the 
UAE's veterinarians, microbiologists, and histopathologists. APHIS 
officials inspected the virology, parasitology, and bacteriology lab 
facilities at the Central Veterinary Research Laboratory in Dubai. 
Additionally, APHIS officials evaluated the UAE's import-export 
practices, including airports, border crossings, and quarantine 
facilities. The airports and border crossings are tightly controlled 
with adequate fencing and other physical barriers to control entry into 
the UAE. The APHIS officials conducting the on-site evaluation 
concluded that the veterinary infrastructure, laboratory facilities, 
and import-export practices are effective and contribute to the AHS-
free status of the UAE.
    Based on the information discussed above, we believe that the UAE 
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 the UAE 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 the UAE to be shipped to and quarantined at ports 
designated in Sec. 92.303, and would reduce the quarantine period to an 
average of 3 days to meet the quarantine and testing requirements 
specified in Sec. 92.308.
Comment Period

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that this rulemaking proceeding should be expedited by 
allowing a 15-day comment period on this proposal. U.S importers have 
requested that this rulemaking be completed in time to allow them to 
import horses from the UAE for this year's Kentucky Derby, to be held 
May 6, 1995. The comment period would allow the agency to promulgate 
and implement a final rule on an expedited basis. Prompt implementation 
of a final rule would facilitate the importation of horses by removing 
unnecessary quarantine restrictions. Removing the UAE from the list of 
AHS countries would significantly reduce the quarantine period for 
horses imported from the UAE. Additionally, this proposal would allow 
more flexibility in the ports used for the importation of horses from 
the UAE, making the importation of horses from the UAE logistically 
easier.

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 the UAE. The horses imported from the UAE tend to be 
higher-valued, purebred horses. These horses are worth 10 to 20 times 
more than the average price per horse from the rest of the world. Few, 
if any, of these importers can be considered a small entity. These 
importers will no longer be required to quarantine horses from the UAE 
for 60 days at the New York Animal Import Center in Newburgh, NY. The 
proposed rule would allow horses from the UAE 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.
    While no horses are reported in the ``Foreign Agricultural Trade of 
the United States'' as being imported directly from the UAE, we believe 
that each year an average of 10 to 20 horses are imported indirectly 
from the UAE through Europe. Removing the requirement for a 60-day 
quarantine at the New York Animal Import Center in Newburgh, NY, for 
horses from the UAE will make the importation of these horses less 
expensive and logistically easier. We anticipate that the number of 
horses imported from the UAE may slightly increase. We estimate 
approximately 50 to 100 horses may be imported per year, though some of 
these horses will only be temporarily imported to the United States for 
particular events, and then transported back to the UAE. With the very 
small number of horses imported from the UAE, 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 
``the United Arab Emirates,''.

    Done in Washington, DC, this 9th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-6373 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-34-P