[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31966-31967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15107]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 98-069-2]


Horses From Australia and New Zealand; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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. This 
action is warranted because neither country has ever had a reported 
case of dourine, New Zealand has never had a reported case of glanders, 
and Australia has not had a reported case of glanders since 1891. It 
appears that horses imported from Australia and New Zealand will pose a 
negligible risk of introducing dourine and glanders into the United 
States.

EFFECTIVE DATE: June 30, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services 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.
    On November 30, 1998, we published in the Federal Register (63 FR 
65712-65714, Docket No. 98-069-1) a proposal to amend the regulations 
to exempt horses imported from Australia and New Zealand from testing 
for dourine and glanders during the quarantine period. This proposed 
action was based on information received from the Governments of 
Australia and New Zealand.
    We solicited comments concerning our proposal for 60 days ending 
January 29, 1999. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the 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 that require the testing of horses imported from Australia 
and New Zealand for dourine and glanders. Therefore, the Administrator 
of the Animal and Plant Health Inspection Service has determined that 
this rule should be effective 15 days after the date of publication in 
the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 final rule will 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. 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 will be 
affected by this rule. These importers will 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 will save $18 for the cost of both tests. However, 
horses imported from Australia and New Zealand will still have to be 
tested for equine piroplasmosis, equine infectious 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 action will result in an 
increase in the number of horses imported into the United States from 
Australia and New Zealand, nor do we expect this action will 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 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 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,

[[Page 31967]]

Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we are amending 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 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, 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) is 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 and Export, 
4700 River Road Unit 38, Riverdale, MD 20737-1231.
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* * * * *
    Done in Washington, DC, this 8th day of June 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-15107 Filed 6-14-99; 8:45 am]
BILLING CODE 3410-34-P