[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]
BILLING CODE 3410-34-P