[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Proposed Rules]
[Pages 56807-56809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24135]



[[Page 56807]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 75

[Docket No. 99-074-1]


Equine Viral Arteritis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking and request for comments.

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SUMMARY: We are soliciting public comment to help us develop options 
for an equine viral arteritis regulatory program for horses within the 
United States. Equine viral arteritis is primarily a respiratory 
disease of horses. Equine viral arteritis is not widespread in the 
United States; however, the equine industry within the United States 
regards the disease as a potentially significant and increasing 
economic threat. After evaluating public comment on the issues 
presented in this document, we will determine whether to propose 
changes to our regulations.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by November 20, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
074-1, 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. 99-074-1.
    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 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. Timothy Cordes, Senior Staff 
Veterinarian, National Animal Health Programs Staff, VS, APHIS, 4700 
River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-3279.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 75 (referred to below as the 
regulations) govern the interstate movement of horses, asses, ponies, 
mules, and zebras that test positive for communicable diseases. The 
purpose of the regulations is to prevent the interstate spread of 
communicable diseases in equines. Equine viral arteritis (EVA) is not 
currently addressed by the regulations.
    EVA is an acute, contagious, viral disease characterized by fever, 
edema, conjunctivitis, nasal discharge, and abortion. Aerosol 
transmission is the principal means of the spread of infection among 
horses that are closely congregated in places such as racetracks, 
shows, and sales. However, the disease can also be spread venereally by 
infected stallions or infected semen. In fact, infected stallions play 
a significant role in maintaining EVA infection in horse populations.
    When a mare, gelding, or sexually immature colt becomes infected 
with EVA, the disease will run its course and the animal will eliminate 
the virus. However, when a stallion becomes infected with EVA, the EVA 
virus localizes in the stallion's reproductive system, and the stallion 
becomes a reservoir of the disease. As a consequence, the EVA virus can 
be shed continuously in the stallion's semen. If a stallion is 
serologically positive, it has a 50 percent chance of shedding the 
virus in its semen. Virus isolation can be performed on the stallion's 
semen to determine whether the stallion is shedding the EVA virus. If 
the stallion is shedding the EVA virus in its semen, the stallion is 
considered a shedder. Stallions that are shedders can infect mares 
during breeding, and infected mares can spread the disease to their 
foals in utero or to other horses through aerosol transmission.
    EVA can pose a number of problems for horse owners, horse breeders, 
and the equine performance industry. Horses that have EVA antibodies, 
which can be present due to vaccination against the disease or 
infection with the EVA virus, can be barred from entering foreign 
countries for racing or competition purposes. In addition, semen 
collected from stallions that are shedders is barred from importation 
into many countries. However, economically, the most damaging aspect of 
EVA is that the disease can cause abortion in pregnant mares. Abortion 
rates due to EVA can be as high as 70 percent.
    At this time, the Animal and Plant Health Inspection Service 
(APHIS) does not have a program to control EVA because the disease is 
not perceived to be widespread in the United States, and confirmed 
outbreaks are sporadic. However, the equine industry within the United 
States has requested that APHIS initiate surveillance, control, and 
possibly eradication of EVA and has indicated a willingness to assist 
in the implementation of such programs. This document requests public 
comment on five possible programs to address EVA. Each program is 
discussed below, and each succeeding program is more restrictive.

Minimal Voluntary Program

    The U.S. equine industry would develop, manage, and monitor this 
program. This program would include an educational program for equine 
producers and equine practitioners regarding the etiology, treatment, 
and prevention of EVA. In addition, this program would include a 
method, to be determined by the equine industry, to identify infected 
semen and stallions that are shedders. APHIS would not have regulatory 
involvement with this program.

Voluntary Control Program

    The U.S. equine industry would develop, manage, and monitor this 
program with cooperation from APHIS and individual States. This program 
would include an educational program for equine producers and equine 
practitioners regarding the etiology, treatment, and prevention of EVA. 
In addition, APHIS would quarantine imported stallions at the time of 
arrival and test them to determine whether they are serologically 
positive for EVA. APHIS would also test imported equine semen for EVA 
at the time of arrival. APHIS would note the test results on the import 
permit accompanying the stallion or semen, release the stallion or 
semen, and notify animal health regulatory officials in the State of 
destination of any that were positive. APHIS would recommend that each 
State determine whether to conduct further testing of positive 
stallions upon entry into the State.
    APHIS would also recommend that each State develop an EVA program 
that includes testing domestic stallions and semen for EVA and 
controlling the intrastate movement of EVA-positive stallions, 
stallions that are shedders, and infected semen. In addition, APHIS 
would recommend that States make all test results for domestic and 
imported stallions and semen a matter of public record.

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Voluntary and Uniform Control Program

    The U.S. equine industry would develop, manage, and monitor this 
program with cooperation from APHIS and individual States. This program 
would include an educational program for equine producers and equine 
practitioners regarding the etiology, treatment, and prevention of EVA. 
In addition, APHIS would develop a program standards document entitled, 
``Uniform Methods and Rules--Equine Viral Arteritis'' (UM&R). APHIS 
would draft this document with cooperation from the States, the equine 
industry, and other interested entities. The UM&R would be based on 
standards set by the Office International des Epizooties and guidelines 
of the American Horse Council. The UM&R would contain uniform standards 
that States could use for detecting, controlling, and preventing EVA, 
as well as recommended standards for the intrastate and interstate 
movement of stallions that are serologically positive for EVA, 
stallions that are shedders, and infected semen. The UM&R would be 
available for use as a guidance document only.
    As in the Voluntary Control Program, APHIS would quarantine 
imported stallions at the time of arrival and test them to determine 
whether they are serologically positive for EVA. APHIS would also test 
imported equine semen for EVA at the time of arrival. APHIS would note 
the test results on the import permit accompanying the stallion or 
semen, release the stallion or semen, and notify animal health 
regulatory officials in the State of destination of any that were 
positive. APHIS would recommend that positive stallions be moved to an 
approved location in the State of destination for virus isolation 
testing by the State.
    APHIS would also recommend that each State develop an EVA program 
that includes testing domestic stallions and semen for EVA. As part of 
this program, APHIS would recommend that each State determine the 
serology of a stallion upon entry into the State and record its test 
result on the stallion's health certificate. APHIS would recommend that 
the State conduct a virus isolation test on positive stallions. APHIS 
would also recommend that each State test equine semen for EVA upon 
entry into the State and record its test result on the semen's health 
certificate. APHIS would further recommend that infected semen and 
stallions that are positive or shedding the EVA virus be handled in 
accordance with the UM&R. In addition, APHIS would recommend that 
States make all test results for domestic and imported stallions and 
semen a matter of public record.

Certification Program

    APHIS would develop this program with cooperation from individual 
States and the U.S. equine industry. This program would include an 
educational program for equine producers and equine practitioners 
regarding the etiology, treatment, and prevention of EVA. It would 
include use of the UM&R previously described and a new component a 
certification program that States could participate in.
    As in the previous two programs described, APHIS would quarantine 
imported stallions at the time of arrival and test them to determine 
whether they are serologically positive for EVA. APHIS would also test 
imported equine semen for EVA at the time of arrival. APHIS would note 
the test results on the import permit accompanying the stallion or 
semen and release the stallion or semen. However, APHIS would release 
imported positive stallions and infected semen only to States 
participating in the certification program. In addition, APHIS would 
restrict the interstate movement of known domestic infected semen and 
stallions that are positive or shedders to those States participating 
in the certification program.
    To be a participating State, a State would have to: (1) Conduct a 
virus isolation test on positive stallions upon movement into the State 
after release from APHIS import quarantine stations; (2) determine the 
serology of any domestic stallion upon its entry into the State, record 
the test result on the stallion's health certificate, and conduct a 
virus isolation test on stallions that test positive; (3) test domestic 
equine semen for EVA upon entry into the State and note the semen's 
status on its health certificate; (4) regulate the intrastate movement 
of infected semen and stallions that are positive or shedding the EVA 
virus in accordance with the UM&R. Also, APHIS would recommend that 
States make all test results for domestic and imported stallions and 
semen a matter of public record.
    For a State that does not participate in the certification program, 
APHIS would recommend that the State develop an EVA program that 
includes testing domestic stallions and semen for EVA. As part of this 
program, APHIS would recommend that the State determine the serology of 
a stallion upon entry into the State, record the test result on the 
stallion's health certificate, and perform a virus isolation test on 
stallions that test positive. APHIS would also recommend that the State 
test equine semen for EVA upon entry into the State and record the test 
result on the semen's health certificate. In addition, APHIS would 
recommend that the State regulate the intrastate movement of infected 
semen and stallions that are positive or shedding the EVA virus in 
accordance with the UM&R. Also, APHIS would recommend that States make 
all test results for domestic and imported stallions and semen a matter 
of public record.

Eradication Program

    APHIS would develop this program with cooperation from individual 
States and the U.S. equine industry. This program would include an 
educational program for equine producers and equine practitioners 
regarding the etiology, treatment, and prevention of EVA. It would 
include the use of the UM&R previously described.
    Again, APHIS would quarantine all imported stallions at the time of 
arrival and test them to determine whether they are serologically 
positive for EVA. APHIS would move any imported stallion that tested 
positive for EVA to an APHIS-approved location for virus isolation 
testing to determine whether it was a shedder. APHIS would also test 
imported equine semen for EVA at the time of arrival. APHIS would 
record the test results on the import permit accompanying the stallion 
or semen. If APHIS determined that a stallion was not a shedder or that 
the imported semen was negative, we would release the stallion or 
semen. Positive stallions would be allowed to proceed to their 
destination; however, we would prohibit shedders and infected semen 
from entering the United States.
    Under this program, APHIS would also require stallions and semen to 
be tested for EVA prior to interstate movement. The test results would 
have to be recorded on the health certificate accompanying the stallion 
or semen interstate. Also, APHIS would require a permit for the 
interstate movement of stallions that are shedders and infected semen. 
APHIS would recommend that each State conduct a virus isolation test on 
a stallion's semen the first time it is used for breeding purposes in 
that State. APHIS would also recommend that infected semen and 
stallions that are positive or shedding the EVA virus be moved 
intrastate in accordance with the UM&R. In addition, APHIS would 
initiate an EVA-vaccination program for domestic mares.
    We welcome comments on the options described above and encourage 
the submission of new options or any suggestions.


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    Authority: 21 U.S.C, 111-113, 115, 117, 120, 121, 123-126, and 
134-134h; 7 CFR 2.22, 2.80, and 371.4.

    Done in Washington, DC this 14th day of September 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-24135 Filed 9-19-00; 8:45 am]
BILLING CODE 3410-34-U