[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Proposed Rules]
[Pages 19898-19899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9625]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-010-1]


Horses From Iceland; 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 Iceland from 
testing for dourine, glanders, equine piroplasmosis, and equine 
infectious anemia during the quarantine period. We believe this action 
is warranted because Iceland has never had a reported case of dourine, 
glanders, equine piroplasmosis, or equine infectious anemia, and it 
appears that horses imported from Iceland would pose a negligible risk 
of introducing those diseases into the United States. This action would 
relieve certain testing requirements for horses imported from Iceland 
while continuing to protect against the introduction of communicable 
diseases of horses into the United States.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by June 18, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-010-1, 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. 00-010-1.
    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. Glen I. Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services Staff, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

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, glanders, equine 
piroplasmosis, and equine infectious anemia (EIA). Dourine, glanders, 
equine piroplasmosis, and EIA are crippling equine diseases. Dourine, 
glanders, and equine piroplasmosis are not known to exist in the United 
States. EIA does exist in the United States, but the incidence of the 
disease is very low (in Fiscal Year 2000, only 0.046 percent of 
domestic horses tested for EIA returned positive results) and official 
controls are in place to prevent its spread. Specifically, the 
interstate movement of EIA reactor horses is prohibited unless a 
reactor horse is being moved to (1) a federally inspected slaughtering 
facility, (2) a federally approved diagnostic or research facility, or 
(3) the home farm of the reactor.
    Under Sec. 93.308(a) of the regulations, horses intended for 
importation into the United States from any part of the world must be 
quarantined upon arrival and tested for certain communicable diseases 
of horses. Under Sec. 93.308(a)(3), horses may not be released from 
quarantine until they receive negative results to tests for dourine, 
glanders, equine piroplasmosis, and EIA and undergo 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. Currently, horses from Australia and New Zealand 
are exempt from testing for dourine and glanders.
    The Government of Iceland has requested that the U.S. Department of 
Agriculture exempt horses imported from Iceland from testing for 
dourine, glanders, equine piroplasmosis, and EIA during the quarantine 
period. Iceland has never had a reported case of dourine, glanders, 
equine piroplasmosis, or EIA.
    In response to the Government of Iceland's request, APHIS has 
prepared a qualitative risk assessment evaluating the status of 
dourine, glanders, equine piroplasmosis, and EIA in Iceland. The risk 
assessment is based on documentation provided by Iceland regarding its 
veterinary infrastructure, animal health monitoring system, trading 
practices with other regions, and other pertinent information. The risk 
assessment documents Iceland's freedom from communicable diseases of 
horses, describes the capabilities of Iceland's veterinary diagnostic 
laboratory, and evaluates Iceland's natural and regulatory barriers on 
the movement and importation of animals, among other things. Copies of 
the risk assessment may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Based on the findings of APHIS' risk assessment, we believe that 
horses imported from Iceland would pose a negligible risk of 
introducing dourine, glanders, equine piroplasmosis, and EIA

[[Page 19899]]

into the United States. Therefore, we are proposing to amend 
Sec. 93.308(a)(3) of the regulations to exempt horses imported from 
Iceland from testing for dourine, glanders, equine piroplasmosis, and 
EIA during the quarantine period. However, horses imported from Iceland 
would still have to be quarantined and undergo any tests and procedures 
that may be required by the Administrator to determine their freedom 
from communicable diseases.

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 Iceland from the requirement for testing for dourine, 
glanders, equine piroplasmosis, and EIA during the quarantine period. 
As explained previously in this document, we believe that there is a 
negligible risk of horses imported from Iceland introducing dourine, 
glanders, equine piroplasmosis, and EIA into the United States.
    U.S. importers of horses from Iceland would be affected by this 
rule if it is adopted. These importers would no longer be required to 
have horses that are imported from Iceland tested for dourine, 
glanders, equine piroplasmosis, and EIA during the quarantine period. 
The test for EIA costs $5; the tests for equine piroplasmosis cost $9 
for each strain for a total of $18; the test for dourine costs $9; and 
the test for glanders costs $9. Therefore, importers would save a total 
of $41 on each horse imported from Iceland. Horses imported from 
Iceland would still be required to undergo a 3-day quarantine after 
arrival in the United States and undergo any other tests and procedures 
that may be required by APHIS to determine their freedom from 
communicable diseases.
    According to the 1997 Census of Agriculture, the United States had 
a total population of at least 2,427,277 horses in that year. In 1999, 
the United States exported 78,702 horses valued at $293 million, and 
imported 30,398 horses valued at $326 million. However, only 166 (less 
than 1 percent) of those horses were imported from Iceland. The total 
number of horses imported from Iceland is small due in part to the 
prices of these horses, which averaged $4,367. All of the horses 
imported from Iceland in 1999 were nonpurebred horses. As a comparison, 
nonpurebred horses imported from Canada into the United States had an 
average value of $1,450 in 1999.
    The overall impact of this proposed rule, if adopted, should be 
small. Importers would save on the importation of horses, but the 
overall savings would be small. Had this rule been in place in 1999 and 
applied to the 166 horses imported from Iceland in that year, importers 
would have saved a total of $6,806.
    APHIS does not expect that the number of horses imported from 
Iceland into the United States would increase significantly as a result 
of this proposed rule. The cost reduction associated with this proposed 
rule would be less than 1 percent of the average price of those horses 
imported from Iceland into the United States in 1999. Therefore, this 
proposed rule is not expected to have a significant impact on U.S. 
importers of horses from Iceland, 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 proposed 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.

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, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.

    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, except 
horses from Iceland, 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.

    Done in Washington, DC, this 12th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-9625 Filed 4-17-01; 8:45 am]
BILLING CODE 3410-34-P