[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Proposed Rules]
[Pages 14268-14269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7839]



      
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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 61, No. 63 / Monday, April 1, 1996 / Proposed 
Rules  

[[Page 14268]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-079-1]


Importation of Horses

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the horse importation regulations to 
add vesicular stomatitis to the list of diseases from which a premises, 
and adjoining premises, must be free before a horse from that premises 
can be imported into the United States. This action appears necessary 
to prevent the introduction of vesicular stomatitis into the United 
States.

DATES: Consideration will be given only to comments received on or 
before May 31, 1996.
ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-079-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-079-1. 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. Gary Colgrove, Associate Director, 
National Center for Import and Export, VS, APHIS, 4700 River Road Unit 
38, Riverdale, MD 20737-1231, (301) 734-3276.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as ``the 
regulations'') govern the importation into the United States of 
specified animals, including horses, to prevent the introduction of 
various animal diseases into the United States.
    Under Sec. 92.314, horses imported into the United States must be 
accompanied by a health certificate. The health certificate must 
contain certain information to ensure that the horses intended for 
importation into the United States are free from communicable diseases. 
Among other things, the health certificate must state that no cases of 
certain communicable diseases, including African horse-sickness, 
dourine, glanders, surra, epizootic lymphangitis, ulcerative 
lymphangitis, equine piroplasmosis, Venezuelan equine 
encephalomyelitis, and equine infectious anemia, have occured on the 
horses' premises of origin, or an adjoining premises, in the 60 days 
preceding the horses' importation into the United States.
    We are proposing to amend the regulations by adding vesicular 
stomatitis to the list of diseases from which a horse's premises of 
origin and adjoining premises must be free before the horse may be 
imported into the United States. We are proposing this change because 
an outbreak of vesicular stomatitis in the United States could cause 
significant productivity losses in the horse, cattle, swine, and llama 
industries in the United States.
    Vesicular stomatitis, a viral disease, is known for its sporadic 
and rapid spread among animal populations. While vesicular stomatitis 
is not considered either a foreign animal disease in the United States 
or a fatal disease, it is a disease of concern to the livestock 
industry and to the Animal and Plant Health Inspection Service. Animals 
that are infected with vesicular stomatitis develop blister-like 
lesions in the mouth and on the dental pad, tongue, lips, nostrils, 
hooves, and teats. These lesions swell and break, exposing raw tissue. 
This raw tissue is so painful for the infected animals that they often 
refuse to eat and show signs of lameness. Substantial weight loss 
normally follows. As a result of infection, dairy cows often develop 
mastitis, infection of the udder, and many go dry. As such, vesicular 
stomatitis represents a serious disease threat to the U.S. livestock 
population. Additionally, the symptoms of vesicular stomatitis are 
similiar to those of foot-and-mouth disease (FMD), a livestock disease 
with a high morbidity rate. Only laboratory tests can distinguish 
between vesicular stomatitis and FMD.
    Although vesicular stomatitis is a serious disease threat to 
different types of livestock, we are proposing to restrict the 
importation of horses from premises, and adjoining premises, where 
vesicular stomatitis is present because horses imported into the United 
States have a greater potential for movement throughout the United 
States once they have been imported than most other types of livestock. 
Imported horses are moved to farms throughout the United States, and, 
over time, they are often relocated to different farms in different 
parts of the country. Therefore, imported horses have the potential to 
come into contact with, and possibly infect, a large number of other 
animals. Therefore, our proposal would restrict the importation of 
horses from premises, and adjoining premises, where vesicular 
stomatitis is present in order to reduce the risk of the introduction 
of vesicular stomatitis into the United States.
    Currently, no premises in the United States are under quarantine 
because of the presence of vesicular stomatitis, but, during the summer 
of 1995, several premises in four western States were under quarantine 
because of the presence of vesicular stomatitis. Horses were the first 
animals in the United States to be affected by the most recent outbreak 
of vesicular stomatitis. We believe that our proposal would help 
prevent further occurrences of vesicular stomatitis in the United 
States by prohibiting the importation into the United States of horses 
from premises that are not free from vesicular stomatitis or from 
premises that are adjoining such premises. We believe that this action 
is necessary to protect the health of livestock in the United States.

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 the purposes of 
Executive Order 12866 and, therefore, has not

[[Page 14269]]
been reviewed by the Office of Management and Budget.
    We are proposing to add vesicular stomatitis to the list of 
diseases from which a horse's premises of origin and adjoining premises 
must be free before the horse may be imported into the United States. 
Vesicular stomatitis is recognized internationally as a serious disease 
of horses, cattle, swine, and llamas. Animals that are infected with 
vesicular stomatitis develop lesions in the mouth and on the dental 
pad, tongue, lips, nostrils, hooves, and teats. These lesions swell and 
break, exposing raw tissue. This raw tissue is so painful for the 
infected animals that they often refuse to eat and show signs of 
lameness. Substantial weight loss normally follows. As a result of 
infection, dairy cows often develop mastitis, infection of the udder, 
and many go dry.
    Many countries that import U.S. livestock and animal products could 
refuse to import such products from the United States if vesicular 
stomatitis were allowed to spread across the United States. Currently, 
no premises in the United States are under quarantine because of 
vesicular stomatitis, but as recently as the summer of 1995, several 
premises in four Western States were under quarantine because of 
vesicular stomatitis. This proposed rule would help prevent future 
outbreaks of this disease.
    This proposed rule would involve no additional costs for U.S. horse 
importers, large or small. Additionally, this proposed rule should not 
affect the availability of horses for importation to the United States. 
Restrictions would only be placed on horses from specific premises.
    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 new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(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 2.22, 2.80, and 371.2(d).

Sec. 92.314  [Amended]

    2. In Sec. 92.314, the first sentence would be amended by adding 
``vesicular stomatitis,'' immediately following ``Venezuelan equine 
encephalomyelitis,''.

    Done in Washington, DC, this 26th day of March 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-7839 Filed 3-29-96; 8:45 am]
BILLING CODE 3410-34-P