[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Proposed Rules]
[Pages 65712-65714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31711]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 98-069-1]


Horses from Australia and New Zealand; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations regarding the 
importation of horses to exempt horses imported from Australia and New 
Zealand from testing for dourine and glanders during the quarantine 
period. We believe this action is warranted because neither country has 
ever had a reported case of dourine, New Zealand has never had a 
reported case of

[[Page 65713]]

glanders, and Australia has not had a reported case of glanders since 
1891. It appears that horses imported from Australia and New Zealand 
would pose a negligible risk of introducing dourine and glanders into 
the United States.

DATES: Consideration will be given only to comments received on or 
before January 29, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-069-1, 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. 98-069-1. 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. Glen I. Garris, Supervisory Staff 
Officer, Regionalization Evaluation Staff, National Center for Import 
and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-
1231, (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products to prevent the introduction into the United 
States of various animal diseases, including dourine and glanders. 
Dourine and glanders are potentially fatal equine diseases that are not 
known to exist in the United States.
    Under Sec. 93.308(a)(3) of the regulations, horses imported from 
any part of the world must, in order to qualify for release from 
quarantine, test negative to official tests for dourine, glanders, 
equine piroplasmosis, equine infectious anemia, and any other tests and 
procedures that may be required by the Administrator of the Animal and 
Plant Health Inspection Service (APHIS) to determine their freedom from 
communicable diseases.
    The Governments of Australia and New Zealand have requested that 
the U.S. Department of Agriculture exempt horses imported from 
Australia and New Zealand from testing for dourine and glanders during 
the quarantine period. Australia has never had a reported case of 
dourine, and the last case of glanders in that country was reported in 
1891. New Zealand has never had a reported case of dourine or glanders.
    The Governments of Australia and New Zealand also provided APHIS 
with documentation about their veterinary infrastructure, animal health 
monitoring system, trading practices with other regions, and other 
pertinent information to support their requests. Copies of this 
documentation may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT.
    APHIS has reviewed the documentation, and based on that 
documentation, we believe that horses imported from Australia and New 
Zealand would pose a negligible risk of introducing dourine and 
glanders into the United States. Therefore, we are proposing to amend 
93.308(a)(3) of the regulations to exempt horses imported from 
Australia and New Zealand from testing for dourine and glanders during 
the quarantine period. However, horses imported from Australia and New 
Zealand would still have to be quarantined and tested for equine 
piroplasmosis, equine infectious anemia, and undergo any other tests 
and procedures that may be required by the Administrator to determine 
their freedom from communicable diseases.

Miscellaneous

    In Sec. 93.308(a)(3), footnote 14 states that official tests for 
dourine and glanders are performed at the Veterinary Services 
Laboratory in Beltsville, MD; however, those tests are currently 
performed at the National Veterinary Services Laboratories in Ames, IA. 
We are proposing to amend the footnote to reflect the current location. 
We are also proposing to make several nonsubstantive editorial changes 
to Sec. 93.308(a)(3).

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 been reviewed by the 
Office of Management and Budget.
    This proposed rule would exempt horses imported into the United 
States from Australia and New Zealand from the requirement for testing 
for dourine and glanders during the quarantine period. As explained 
previously in this document, we believe that there is a negligible risk 
of horses imported from Australia and New Zealand introducing dourine 
and glanders into the United States.
    U.S. importers of horses from Australia and New Zealand would be 
affected by this rule if it is adopted. These importers would no longer 
be required to have horses that are imported from Australia and New 
Zealand tested for dourine and glanders during the quarantine period. 
As a consequence, U.S. importers would save $18.00 for the cost of both 
tests. However, horses imported from Australia and New Zealand would 
still have to be tested for equine piroplasmosis, equine infections 
anemia, and undergo any other tests and procedures that may be required 
by APHIS to determine their freedom from communicable diseases.
    According to the 1992 Census of Agriculture, the United States had 
a total population of at least 2,049,522 horses. The United States is a 
net exporter of horses. In 1997, the United States exported 56,953 
horses valued at $271 million, and imported 23,794 horses valued at 
$134 million. However, only 45 of the horses were imported from 
Australia, and 130 of the horses were imported from New Zealand. The 
total number of horses imported into the United States from Australia 
and New Zealand is small due to the distances the horses must travel 
and the high transportation costs, which are reflected in the prices of 
the horses. For example, horses imported from Canada have an average 
price of $1,490, while horses imported from Australia and New Zealand 
have an average price of $20,682, and $13,781, respectively. Given 
these relatively high prices and the rather small expected savings of 
$18 per horse imported, we do not expect this proposed action would 
result in an increase in the number of horses imported into the United 
States from Australia and New Zealand, nor do we expect this proposed 
action would have a significant economic impact on U.S. importers of 
horses from Australia and New Zealand, regardless of their size.
    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 12988

    This rule has been reviewed under Executive Order 12988, 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.

[[Page 65714]]

Paperwork Reduction Act

    This proposed rule contains no 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 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.
    Accordingly, we propose to amend 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    1. The authority citation for part 93 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).

    2. In Sec. 93.308, paragraph (a)(3) would be revised to read as 
follows:


Sec. 93.308  Quarantine requirements.

    (a) * * *
    (3) To qualify for release from quarantine, all horses must test 
negative to official tests for dourine, glanders, equine piroplasmosis, 
and equine infectious anemia.\14\ However, horses imported from 
Australia and New Zealand are exempt from testing for dourine and 
glanders. In addition, all horses must undergo any other tests, 
inspections, disinfections, and precautionary treatments that may be 
required by the Administrator to determine their freedom from 
communicable diseases.
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    \14\ Because the official tests for dourine and glanders are 
performed only at the National Veterinary Services Laboratories in 
Ames, IA, the protocols for those tests have not been published and 
are, therefore, not available; however, copies of ``Protocol for the 
Complement-Fixation Test for Equine Piroplasmosis'' and ``Protocol 
for the Immuno-Diffusion (Coggins) Test for Equine Infectious 
Anemia'' may be obtained from the Animal and Plant Health Inspection 
Service, Veterinary Services, National Center for Import-Export, 
4700 River Road Unit 38, Riverdale, MD 20737-1231.
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* * * * *

    Done in Washington, DC, this 20th day of November 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-31711 Filed 11-27-98; 8:45 am]
BILLING CODE 3410-34-P