[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Rules and Regulations]
[Pages 15216-15218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7014]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 74 and 93

[Docket No. 00-016-1]


Importation and Interstate Movement of Certain Land Tortoises

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are prohibiting, until further notice, the importation into 
the United States of certain land tortoises. We are also prohibiting, 
until further notice, the interstate movement of these land tortoises. 
These actions are necessary to prevent the introduction and spread of 
exotic ticks known to be vectors of heartwater disease, an acute 
infectious disease of ruminants. These actions will provide protection 
against an outbreak of heartwater disease in domestic and wild 
populations of ruminants in the United States.

DATES: This interim rule is effective March 22, 2000. However, this 
rule does not apply to importations that are en route to the United 
States. We invite you to comment on this docket. We will consider all 
comments that we receive by May 22, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
016-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 00-016-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading

[[Page 15217]]

room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except 
holidays. To be sure someone is there to help you, please call (202) 
690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. D. D. Wilson, Senior Staff 
Entomologist, Emergency Programs, VS, APHIS, 4700 River Road Unit 41, 
Riverdale, MD 20737-1231; (301) 734-8073.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the animal 
import regulations) prohibit or restrict the importation of certain 
animals and birds into the United States to prevent the introduction of 
communicable diseases of livestock and poultry. The regulations in 9 
CFR chapter I, subchapter C (referred to below as the interstate 
movement regulations), prohibit or restrict the interstate movement of 
certain animals and birds to prevent the spread of communicable 
diseases of livestock and poultry within the United States.
    We are amending the animal import regulations to prohibit, until 
further notice, the importation of the following tortoises into the 
United States: All species and subspecies of leopard tortoise 
(Geochelone pardalis), African spurred tortoise (Geochelone sulcata), 
and Bell's hingeback tortoise (Kinixys belliana). Tortoises that are en 
route to the United States at the time of the publication of this 
interim rule will be allowed to be imported for humanitarian reasons. 
Refusing entry of tortoises already en route to the United States upon 
publication of the rule would be detrimental to the health of the 
tortoises and could be fatal.
    In addition, we are amending the interstate movement regulations to 
prohibit, until further notice, the interstate movement of all species 
and subspecies of these land tortoises.
    These actions are necessary because these tortoises, which are 
regularly imported into the United States and are common in the U.S. 
pet trade, have been found to harbor the tropical bont tick (Amblyomma 
variegatum), the African tortoise tick (Amblyomma marmoreum), and ticks 
of the species Amblyomma sparsum. All of these exotic ticks are known 
to be vectors of heartwater disease. Heartwater disease is an acute 
infectious disease of ruminants, including cattle, sheep, goats, white-
tailed deer, and antelope. This disease has a 60 percent or greater 
mortality rate in livestock and a 90 percent or greater mortality rate 
in white-tailed deer.
    In December 1999, it was reported that evidence indicating the 
presence of nucleic acid from the causative agent of heartwater disease 
or a related agent might have been present in Amblyomma sparsum 
collected from leopard tortoises imported into Florida. Subsequently, 
in February 2000, leopard tortoises from premises known to be infested 
with the African tortoise tick were moved interstate to noninfested 
premises. Though these incidents involve only leopard tortoises, we are 
also prohibiting the importation and interstate movement of African 
spurred tortoise and Bell's hingeback tortoise because interception 
records from 1995-1999 report that 90 percent of the tropical bont 
ticks, African tortoise ticks, and ticks of the species Amblyomma 
sparsum found on reptiles entering the United States occurred on these 
three species of land tortoise.
    We are working to establish effective treatment and biosecurity 
protocols for tortoises and other reptiles. Effective treatment and 
biosecurity protocols will allow us to ensure that all tortoises and 
other reptiles entering the United States, as well as tortoises and 
other reptiles already in the United States, can be effectively treated 
for exotic ticks and that all exotic ticks can be eradicated from 
infested premises. When we have established such protocols, and when 
tortoises and other reptiles already in the United States have been 
effectively treated for exotic ticks and all exotic ticks eradicated 
from infested premises, the ban on importation of these tortoises from 
Africa, as well as the ban on interstate movement of these tortoises, 
will be lifted. Until that time, however, these actions will provide 
protection against an outbreak of heartwater disease in domestic and 
wild populations of ruminants in the United States.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent an outbreak of heartwater 
disease in the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. The document will 
include a discussion of any comments we receive and any amendments we 
are making to the rule as a result of the comments.

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 emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

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 interim 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

9 CFR Part 74

    Animal diseases, Livestock, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

[[Page 15218]]

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we are amending 9 CFR chapter I as follows:
    1. In subchapter C, a new part 74 is added to read as follows:

PART 74--PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

Sec.
74.1   General prohibition.

    Authority: 21 U.S.C. 111-113, 114a, 115, 117, 120, 122-126, 
134b, 134f; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 74.1  General prohibition.

    The interstate movement of leopard tortoise (Geochelone pardalis), 
African spurred tortoise (Geochelone sulcata), and Bell's hingeback 
tortoise (Kinixys belliana) is prohibited.

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

    2. 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).

    3. In Sec. 93.701, a new paragraph (c) is added to read as follows:


Sec. 93.701  Prohibitions.

* * * * *
    (c) No person may import leopard tortoise (Geochelone pardalis), 
African spurred tortoise (Geochelone sulcata), or Bell's hingeback 
tortoise (Kinixys belliana) into the United States.

    Done in Washington, DC, this 16th day of March 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-7014 Filed 3-21-00; 8:45 am]
BILLING CODE 3410-34-U