[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Rules and Regulations]
[Pages 43417-43418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21557]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 95-079-2]
Importation of Horses
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending 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 may
be imported into the United States. This action appears necessary to
prevent the introduction of vesicular stomatitis into the United
States.
EFFECTIVE DATE: September 23, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, 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.
On April 1, 1996, we published in the Federal Register (61 FR
14268-14269, Docket No. 95-079-1) a proposal 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 solicited comments concerning our proposal for 60 days ending
May 31, 1996. We received four comments by that date. They were from
representatives of industry, a researcher, and a veterinary
association. One commenter supported the proposed rule. The three other
commenters had concerns about limiting the proposed restrictions to the
importation of horses. All three of these commenters requested that we
extend our proposed restrictions to the importation of all species
susceptible to vesicular stomatitis, including cattle, swine, sheep,
and llamas.
With few exceptions, the regulations require that horses, swine,
and ruminants imported into the United States be accompanied by a
certificate stating, among other things, that the animals were
inspected prior to importation and were found free of evidence of
communicable disease and, insofar as could be determined, exposure to
communicable disease within the 60 days preceding importation. The
regulations further require that horses, swine, and ruminants presented
for entry into the United States be inspected again at the port of
entry and found free of evidence of communicable disease and exposure
to communicable disease. With certain exceptions, these animals must
then undergo quarantine in the United States before being released. In
most cases, these restrictions are sufficient to ensure that an animal
infected with vesicular stomatitis would not be added to U.S. herds.
However, the possibility exists that an animal could be exposed to
vesicular stomatitis prior to importation, unbeknownst to the
veterinarian signing the required certificate, and that the animal
could arrive in the United States before showing any symptoms of the
disease. If quarantine were not required, as in the case of certain
ruminants from Canada and Mexico, or if the required quarantine period
were short, as it is for most horses, the animal could be released even
though it was incubating the disease.
Swine, cattle, and other ruminants imported into the United States
are imported primarily for slaughter, with a much smaller number
imported for breeding. The slaughter animals are either consigned
directly to slaughter or are consigned to pastures or feedlots for
finish feeding prior to slaughter. Most breeding animals are integrated
into U.S. herds.
While a small number of horses are imported for slaughter or
breeding, most are imported for exhibition or racing, and they are
shipped to multiple locations in the United States, where they have
contact with other horses which are also shipped to multiple locations
within the United States. As such, imported horses present a relatively
high risk, compared to other imported livestock, of spreading vesicular
stomatitis if they are incubating the disease when they arrive in the
United States. For this reason, our regulations address horses, not
other susceptible livestock. We continue to believe that the existing
regulations for other livestock are sufficient to ensure that these
animals do not present a significant risk of spreading vesicular
stomatitis to U.S. herds. Therefore, we are making no change based on
these comments.
Therefore, based on the rationale set forth in the proposed rule
and in this
[[Page 43418]]
document, we are adopting the provisions of the proposal as a final
rule without change.
Executive Order 12866 and Regulatory Flexibility Act
This final 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 been reviewed by the
Office of Management and Budget.
We are amending 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. 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 rule will help prevent future outbreaks of
this disease.
This rule will involve no additional costs for U.S. horse
importers, large or small. Additionally, we do not expect this rule to
affect the availability of horses for importation to the United States.
Restrictions will 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 will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, 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 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 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 2.22, 2.80, and 371.2(d).
Sec. 92.314 [Amended]
2. In Sec. 92.314, the first sentence is amended by adding
``vesicular stomatitis,'' immediately following ``Venezuelan equine
encephalomyelitis,''.
Done in Washington, DC, this 20th day of August 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-21557 Filed 8-22-96; 8:45 am]
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