[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55068-55071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27459]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 01-055-1]


States Approved To Receive Stallions and Mares From CEM-Affected 
Regions; Rhode Island

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the animal importation regulations by adding 
Rhode Island to the list of States approved to receive certain 
stallions and mares imported into the United States from regions 
affected with contagious equine metritis (CEM). We are taking this 
action becauseRhode Island has entered into an agreement with the 
Administrator of the Animal and Plant Health Inspection Service to 
enforce its State laws and regulations to control CEM and to require 
inspection, treatment, and testing of horses, as required by Federal 
regulations, to further ensure the horses' freedom from CEM. This 
action relieves unnecessary restrictions on the importation of mares 
and stallions from regions where CEM exists.

DATES: This rule will be effective on December 31, 2001 unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before December 3, 2001.

ADDRESSES: Please send four copies (an original and three copies) of 
your comments or notice of intent to submit adverse comments to: Docket 
No. 01-055-1, Regulatory Analysis and Development, PPD, APHIS, Suite 
3C03,

[[Page 55069]]

4700 River Road Unit 118, Riverdale, MD 20737-1238

Please state that your comment refers to Docket No. 01-055-1.
    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. Barbara Bischoff, Staff 
Veterinarian, National Center for Import and Export, Technical Trade 
Services, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-8364.

SUPPLEMENTARY INFORMATION:   

Background

    The animal importation regulations (contained in 9 CFR part 93 and 
referred to below as the regulations), among other things, prohibit or 
restrict the importation of certain animals, including horses, into the 
United States to protect U.S. livestock from communicable diseases.
    In Sec. 93.301, paragraph (c)(1) prohibits the importation of 
horses into the United States from certain regions where contagious 
equine metritis (CEM) exists. Paragraph (c)(2) lists categories of 
horses that are excepted from this prohibition, including, in 
Sec. 93.301(c)(2)(vi), horses over 731 days of age imported for 
permanent entry if the horses meet the requirements of Sec. 93.301(e).
    One of the requirements in Sec. 93.301(e) is that mares and 
stallions over 731 days old imported for permanent entry from regions 
where CEM exists must be consigned to States listed in 
Sec. 93.301(h)(6), for stallions, or in Sec. 93.301(h)(7), for mares. 
The Administrator of the Animal and Plant Health Inspection Service 
(APHIS) has approved these States to receive stallions or mares over 
731 days of age from regions where CEM exists because each State has 
entered into a written agreement with the Administrator to enforce 
State laws and regulations to control CEM, and each State has agreed to 
quarantine, test, and treat stallions and mares over 731 days of age 
from any region where CEM exists in accordance with Sec. 93.301(e).
    Rhode Island has entered into a written agreement with the 
Administrator of APHIS and has agreed to comply with all of the 
requirements in Sec. 93.301(e) for importing stallions and mares over 
731 days old from regions where CEM exists. Therefore, this direct 
final rule will add Rhode Island to the lists of States in 
Sec. 93.301(h)(6) and (h)(7) approved to receive certain stallions and 
mares imported into the United States from regions where CEM exists.

Dates

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comments. This rule will be effective, as published in this document, 
on December 31, 2001, unless we receive written adverse comments or 
written notice of intent to submit adverse comments by December 3, 
2001.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed.
    If we receive written adverse comments or written notice of intent 
to submit adverse comments, we will publish a notice in the Federal 
Register withdrawing this rule before the effective date. We will then 
publish a proposed rule for public comment.
    As discussed above, if we receive no written adverse comments or 
written notice of intent to submit adverse comments within 30 days of 
publication of this direct final rule, this direct final rule will 
become effective 60 days following its publication. We will publish a 
notice in the Federal Register before the effective date of this direct 
final rule confirming that it is effective on the date indicated in 
this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.

Horse Imports From CEM-affected Regions

    The share of purebred breeding horse imports coming from CEM-
affected regions is a relatively small fraction of the total number of 
horses imported, ranging between 5 and 10 percent between 1996 and 1999 
(table 1). However, horses supplied by CEM-affected countries are 
generally highly valued. In 1999, for example, the average value of a 
purebred breeding horse imported from a CEM-affected region was 
$52,300, whereas the average value of a purebred breeding horse 
imported from anywhere in the world (i.e., from both CEM-affected and 
CEM-free regions) was $11,700.
    During these same 4 years, the United States imported 28,374 horses 
classified as ``except purebred breeding'' from CEM-affected regions 
(table 2). While it is possible that some of these horses from CEM-
affected regions may be for breeding, it is more likely that they are 
imported for racing or exhibition.\1\ During 1996-1999, about one of 
every five ``except purebred breeding'' horses imported into the United 
States came from CEM-affected countries. Their combined annual value 
comprised, on average, 60 percent of the value of all ``except purebred 
breeding'' horse imports.
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    \1\ As stated in the Harmonized Tariff Schedule of the United 
States (2000), ``The expression `purebred breeding animals' covers 
only animals certified to the U.S. Customs Service by the Department 
of Agriculture as being purebred of a recognized breed and duly 
registered in a book of record recognized by the Secretary of 
Agriculture for that breed, imported specially for breeding 
purposes, whether intended to be used by the importer himself or for 
sale for such purposes.''

[[Page 55070]]



     Table 1.--Quantity and Value of Purebred Breeding Horses Imported From CEM-Affected Regions, 1996-1999
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                                           Quantity                                                   Value
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                                                             Percent of all                      Percent of all
                                                                purebred           Dollars          purebred
                  Year                         Number       breeding imports      (million)     breeding imports
                                                                (percent)                           (percent)
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1996....................................                69               5.2              $2.0              26.7
1997....................................               115               7.2               2.7              19.9
1998....................................               200              10.0              31.3              77.8
1999....................................               187               8.1               9.8              36.2
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Source: U.S. Department of Agriculture (USDA), Foreign Agricultural Service (FAS), ``Global Agricultural Trade
  System,'' using data from the United Nations Statistical Office. Harmonized tariff schedule 010111.


  Table 2.--Quantity and Value of Horses ``Except Purebred Breeding'' Imported From CEM-Affected Regions, 1996-
                                                      1999
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                                  Quantity                                                   Value
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                                                                                                 Percent of all
                                                             Percent of all                         ``except
                                                                ``except           Dollars          purebred
                  Year                         Number           purebred          (million)        breeding''
                                                               breeding''                            imports
                                                                 imports                            (percent)
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1996....................................             2,642               8.7              93.5              26.7
1997....................................             3,677              15.5              99.9              76.7
1998....................................            17,044              40.7             147.9              83.6
1999....................................             5,011              17.9             170.9              54.8
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Source: USDA, FAS, ``Global Agricultural Trade System,'' using data from the United Nations Statistical Office.
  Harmonized tariff schedule 010119.

CEM Testing

    To minimize the risk of the CEM organism entering the United 
States, restrictions are applied to stallions and mares imported from 
CEM-affected regions, including health certification and preembarkation 
and postentry testing and treatment. During 1996 through 1999,21,882 
cultures were tested at approved laboratories for CEM and a similar 
CEM-like organism. Forty of the cultures tested positive, of which at 
least one-third to one-half were infections by the CEM-like organism 
(several of domestic origin). Thus, the likelihood of a specimen 
testingCEM-positive during this period was roughly about 0.1 percent.
    As this small percentage indicates, breeding horses imported from 
CEM-affected regions rarely test positive for CEM. When they do, they 
are treated and remain in isolation until examined and subsequent 
cultures test negative. Nevertheless, the potential consequences of the 
establishment of CEM in the United States make the risk posed by this 
disease a serious concern.
    Besides the health costs associated with infected horses, 
establishment of CEM would have a disruptive impact on U.S. horse 
exports, especially on high-value breeding horses. At a minimum, more 
extensive testing and extended quarantining would be required of 
exporters.
    The addition of Rhode Island to the list of approved States is 
explicit recognition of the capability of Rhode Island facilities to 
carry out postentry testing and treatment requirements.

Affected Entities

    The rule will allow Rhode Island horse operations to import 
stallions and mares directly from CEM-affected regions, whereas at 
present they must be imported and undergo post-entry testing and 
treatment in another, currently approved State. There are now 21 States 
approved to receive stallions and mares from CEM-affected regions. 
Neither of Rhode Island's neighboringStates, Connecticut and 
Massachusetts, is on the list of approved States; breeding horse 
importers in both of these States may benefit as well from this rule, 
given their proximity.
    The Regulatory Flexibility Act requires that agencies consider the 
impacts of their rules on small entities. Whether affected entities may 
be considered small depends on their annual gross receipts. Annual 
receipts of $750,000 or less is the small-entity criterion set by the 
SmallBusiness Administration for establishments primarily engaged in 
raising horses and other equines(North American Industrial 
Classification System (NAICS) code 112920). For operations owning race 
horses (NAICS code 711219), the small-entity criterion is annual gross 
receipts of $5 million or less.
    Importers of breeding horses in Rhode Island presumably, owners of 
horse farms and race horses are the entities that will be affected by 
this rule, but only those importing from CEM-affected regions. It is 
not known how many such firms there may be, but it is reasonable to 
assume that at least some of them may be small entities. According to 
the 1997 Census of Agriculture, there were 163 horse farms in Rhode 
Island that year, 32 of which sold 79 horses that had a total value of 
$510,000. These data imply an average income per farm from horse sales 
of about $16,000.
    The economic effects of this rule on affected Rhode Island 
establishments will be positive. Breeding horses from CEM-affected 
regions will be allowed to be moved directly into Rhode Island 
following their postentry quarantine, thereby benefitting Rhode Island 
importers, as well as importers in neighboring States, through lower 
transport costs. The benefits are not, however, expected to be large 
when compared to the value of the imported horses.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not

[[Page 55071]]

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, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 93 is amended 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 371.4.


Sec. 93.301  [Amended]

    2. Section 93.301 is amended as follows:
    a. In paragraph (h)(6), by adding, in alphabetical order, ``The 
State of Rhode Island''.
    b. In paragraph (h)(7), by adding, in alphabetical order, ``The 
State of Rhode Island''.

    Done in Washington, DC, this 26th day of October 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-27459 Filed 10-31-01; 8:45 am]
BILLING CODE 3410-34-P