[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Rules and Regulations]
[Pages 17634-17635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8617]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-014-2]


Horses From the United Arab Emirates; Change in Disease Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 have determined 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 relieves unnecessary restrictions on the 
importation of horses from the United Arab Emirates.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian, 
Import/Export Products, National Center for Import and Export, VS, 
APHIS, Suite 3B05, 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.
    On March 15, 1995, we published in the Federal Register (60 FR 
13929-13930, Docket No. 94-014-1) a proposal to amend the regulations 
by removing the United Arab Emirates (UAE) from the list of countries 
in Sec. 92.308(a)(2), which APHIS considers affected with AHS.
    We solicited comments concerning our proposal for 15 days ending 
March 30, 1995. We received three supportive comments by that date. 
They were from a horse transport company, a horse industry association, 
and a thoroughbred farm.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the [[Page 17635]] provisions of 5 U.S.C. 553, may be made effective 
less than 30 days after publication in the Federal Register. This rule 
relieves 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 rule allows horses from the UAE to be shipped to and 
quarantined at ports designated in Sec. 92.303, and reduces the 
quarantine period to an average of three days to meet the quarantine 
and testing requirements specified in Sec. 92.308. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be made effective on the date of 
publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 rule 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. This 
rule will allow horses from the UAE to be shipped to and quarantined at 
ports designated in Sec. 92.303, and will 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 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 ``the 
United Arab Emirates,''.

    Done in Washington, DC, this 31st day of March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-8617 Filed 4-6-95; 8:45 am]

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