[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Rules and Regulations]
[Pages 46859-46861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19380]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 148 / Tuesday, August 1, 2000 / Rules 
and Regulations  

[[Page 46859]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 99-054-2]


Spanish Pure Breed Horses From Spain

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal import regulations to allow Spanish 
Pure Breed horses from Spain to be imported into the United States 
under the same preexport testing and quarantine conditions that apply 
to thoroughbred horses from regions in which contagious equine metritis 
exists or may exist. This action will relieve some restrictions on the 
importation of Spanish Pure Breed horses into the United States while 
continuing to protect against the introduction and dissemination of 
contagious equine metritis.

EFFECTIVE DATE: August 16, 2000.

FOR FURTHER INFORMATION CONTACT: Dr. Gary S. Colgrove, Assistant 
Director, Sanitary Trade Issues Team, 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) prohibit or restrict the importation of certain animals 
into the United States to prevent the introduction of communicable 
diseases of livestock and poultry. Subpart C--Horses, Secs. 93.300 
through 92.326 of the regulations, pertains to the importation of 
horses into the United States. Section 93.301 of the regulations 
contains specific provisions for the quarantine and testing of horses 
from regions affected with contagious equine metritis (CEM), a highly 
contagious bacterial venereal disease that affects breeding and 
fertility. Section 93.301 also identifies regions where CEM exists and 
regions that trade horses freely with those where CEM exists without 
testing for CEM. Section 93.301 prohibits, with certain exceptions, the 
importation of horses into the United States from those areas. The 
European Union--of which Spain is a Member State--is listed in 
Sec. 93.301 as a region where CEM exists or may exist.
    On April 3, 2000, we published in the Federal Register (65 FR 
17455-17458, Docket No. 99-054-1) a proposal to amend the animal 
importation regulations by allowing Spanish Pure Breed horses to be 
imported from Spain into the United States under the same conditions 
that apply to thoroughbred horses from France, Germany, Ireland, and 
the United Kingdom. Specifically, the regulations previously provided 
that Spanish Pure Breed horses other than geldings, weanlings, and 
yearlings could be imported for permanent entry into the United States 
only in accordance with Sec. 93.301(e), which requires preexport 
testing, Federal quarantine upon arrival, and further quarantine in a 
State approved to receive horses from listed regions. Under the 
proposal, imported Spanish Pure Breed stallions and mares that are more 
than 731 days old--like thoroughbred horses from France, Germany, 
Ireland, and the United Kingdom--that have tested negative for CEM in 
the country of origin and have undergone Federal quarantine upon 
arrival in the United States would not be subject to additional 
quarantine, testing, and treatment within an approved State. In 
addition, we proposed to add Spain's Servicio de Cria Caballar y 
Remonta as a breed association specifically approved by the U.S. 
Department of Agriculture to provide factual, current information 
regarding the activities of Spanish Pure Breed horses.
    We solicited comments concerning our proposal for 60 days ending 
June 2, 2000. We received one comment by that date. The commenter, an 
importer of Spanish horses, expressed support for our proposal, stating 
that the proposed changes would help his industry. However, the 
commenter also asserted that our requirement that mares over 2 years 
old undergo Federal quarantine upon arrival in the United States was 
illogical and needlessly expensive, since Spanish veterinarians test 
and inspect the animals for CEM prior to export, and Spain is 
considered free of the disease.
    We are making no changes to the final rule based on this comment. 
While we agree with the commenter that CEM presents a negligible risk 
in imported Spanish Pure Breed horses, with certain exceptions, all 
horses intended for permanent entry into the United States are also 
required to be detained under Federal quarantine while official tests 
for dourine, glanders, equine piroplasmosis, and equine infectious 
anemia are conducted. The animals must test negative for all of these 
diseases and be found by an Animal and Plant Health Inspection Service 
(APHIS) veterinarian to be free from any clinical evidence of disease 
before they can be released from quarantine. Because of the serious 
nature of these diseases, we believe that these requirements continue 
to be necessary to ensure that infected horses do not enter this 
country and jeopardize the health of the U.S. horse population.
    CEM is difficult to diagnose and control, and infected horses of 
both sexes are often asymptomatic. Repeated sampling, at appropriate 
time intervals, constitutes the only satisfactory means of determining 
CEM status in horses. Therefore, we also must continue to require that 
all horses that have tested positive for CEM prior to importation--
despite the fact that they must subsequently have been treated, tested, 
and found negative for the disease before being exported to the United 
States--undergo further quarantine, treatment, and repeated testing in 
a State approved to receive them upon completion of the Federal 
quarantine. Spanish Pure Breed horses that have tested positive for CEM 
prior to export and, upon treatment and retesting, been found free of 
the disease would still have to undergo treatment within a State 
approved to receive such horses. However, this action will save 
importers of Spanish Pure Breed horses that have tested negative to the 
disease prior to export and have undergone the requisite Federal 
quarantine the additional costs

[[Page 46860]]

that would be associated with further, in-State quarantine and testing.
    Therefore, for the reasons given in the proposed rule and in this 
document, 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. By allowing Spanish 
Pure Breed horses to be imported from Spain into the United States 
under the same conditions that apply to thoroughbred horses from 
certain other regions where contagious equine metritis exists or may 
exist, this rule will make the importation of Spanish Pure Breed horses 
less expensive for U.S. importers. We have determined that 
approximately 2 weeks are needed to ensure that APHIS personnel at 
ports of entry receive official notice of this change in the 
regulations. Therefore, the Administrator of APHIS has determined that 
this rule should be made effective 15 days after 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 rule amends the regulations in 9 CFR part 93 to allow Spanish 
Pure Breed horses to be imported from Spain into the United States 
under the same conditions that apply to thoroughbred horses from 
France, Germany, Ireland, and the United Kingdom. We are taking this 
action in response to a request we have received from Spain's Equine 
Breeding Service to relieve some of the restrictions on the importation 
of Spanish Pure Breed horses from Spain since the life histories and 
medical records of these horses can be certified by Spanish Government 
veterinarians.
    In 1997, there were 375,218 farms in the United States keeping 
2,427,277 horses of all kinds. Approximately 79,516 farms sold 325,306 
horses, receiving $1.03 billion in sale revenues. Approximately 98 
percent of the farms that sold horses have less than $500,000 in annual 
revenue and, therefore, are considered small entities by the U.S. Small 
Business Administration.
    U.S. importers and breeders of Spanish Pure Breed horses will be 
affected by this rule. This rule will make it less expensive for 
importers to import Spanish Pure Breed horses from Spain.
    There are approximately 270 domestic breeders of Spanish Pure Breed 
horses in the United States, most of which are likely to be small 
entities. In 1998, there were approximately 2,500 Spanish Pure Breed 
horses in the United States, and only 225 foals were registered that 
year.
    In 1995 and 1996, 4 horses (not all of which were Spanish Pure 
Breed horses) were imported into the United States from Spain; there 
were 21 horses in 1997, 39 in 1998, and 46 in 1999. Under this rule, we 
estimate that the number of Spanish Pure Breed horses imported into the 
United States from Spain will most likely increase to an average of 
about 60 per year, for the next 3 to 5 years, with a maximum of 100 in 
any given year.
    Currently, the demand for Spanish Pure Breed horses in the United 
States is greater than can be supplied by domestic breeders and the 
small number of these horses imported from Costa Rica, Mexico, and 
Spain. In 1997, 225 Spanish Pure Breed foals were registered in the 
United States, while a total of 50 were imported into the United States 
from all over the world, despite the high costs of shipping 
(approximately $5,000 per horse for air freight plus insurance against 
mortality, figured at 1 percent of the horse's declared value), 
quarantine, and testing. Because domestic Spanish Pure Breed horses are 
less expensive than imports, the demand for domestic Spanish Pure Breed 
horses should not decrease as a result of this rule. This rule will 
help satisfy the growing demand for the horses in the United States and 
make it less expensive for U.S. breeders and importers to obtain them 
from Spain.
    We do not expect domestic breeders of Spanish Pure Breed horses to 
be affected by this rule, since the demand in the United States for 
Spanish Pure Breed horses is greater than the domestic supply and since 
domestic Spanish Pure Breed horses will still be less expensive than 
imported ones.
    Under these circumstances, the Administrator of APHIS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities.

Executive Order 12988

    This final 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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0152.

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
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 is revised 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 371.4.

    2. Section 93.301 is amended as follows:
    a. In footnote 6, by adding the words ``Servicio de Cria Caballar y 
Remonta for Spain;'' immediately after the word ``Department:''.
    b. By revising paragraph (c)(2)(v), the heading to paragraph (d), 
and the introductory text in paragraph (d)(1).
    c. In paragraph (d)(1)(ii)(D), the first sentence, by removing the 
words ``For thoroughbred horses'' and adding the words ``For Spanish 
Pure Breed horses and thoroughbred horses'' in their place.
    d. In paragraph (d)(3), by removing the words ``Thoroughbred 
horses'' and adding the words ``Spanish Pure Breed horses and 
thoroughbred horses'' in their place each time they appear.


Sec. 93.301  General prohibitions; exceptions.

* * * * *
    (c) * * *
    (2) * * *
    (v) Spanish Pure Breed horses imported for permanent entry from 
Spain or thoroughbred horses imported for permanent entry from France, 
Germany, Ireland, or the United Kingdom if the horses meet the 
requirements of paragraph (d) of this section;
* * * * *
    (d) Spanish Pure Breed horses from Spain and thoroughbred horses 
from France, Germany, Ireland, and the United Kingdom. (1) Spanish Pure 
Breed

[[Page 46861]]

horses from Spain and thoroughbred horses from France, Germany, 
Ireland, and the United Kingdom may be imported for permanent entry if 
the horses meet the following requirements:
* * * * *

    Done in Washington, DC, this 25th day of July 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-19380 Filed 7-31-00; 8:45 am]
BILLING CODE 3410-34-P