[Federal Register Volume 66, Number 215 (Tuesday, November 6, 2001)]
[Rules and Regulations]
[Pages 56033-56034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27816]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-010-2]


Horses From Iceland; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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. Given that Iceland has never had a reported case of 
dourine, glanders, equine piroplasmosis, or equine infectious anemia, 
we have determined that horses imported from Iceland pose a negligible 
risk of introducing those diseases into the United States. This action 
relieves certain testing requirements for horses imported from Iceland 
while continuing to protect against the introduction of communicable 
diseases of horses into the United States.

EFFECTIVE DATE: November 6, 2001.

FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff 
Officer, Regionalization and 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

    On April 18, 2001, we published in the Federal Register (66 FR 
19898-19899, Docket No. 00-010-1), a proposal to amend the animal 
importation regulations in 9 CFR part 93 to exempt horses imported from 
Iceland from testing for dourine, glanders, equine piroplasmosis and 
equine infectious anemia (EIA) during the quarantine period. Iceland 
has never had a reported case of dourine, glanders, equine 
piroplasmosis, or EIA. The Government of Iceland requested that the 
U.S. Department of Agriculture exempt horses imported from Iceland from 
testing for dourine, glanders, equine prioplasmosis, and EIA during the 
quarantine period.
    We solicited comments concerning our proposal for 60 days ending 
June 18, 2001. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, 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 provision of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule exempts 
horses imported from Iceland from the requirement for testing for 
dourine, glanders, equine piroplasmosis, and EIA during the quarantine 
period based on our determination that horses from Iceland present a 
negligible risk of introducing those diseases into the United States. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service (APHIS) has determined that this rule should be effective upon 
publication in the Federal Register.

[[Page 56034]]

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 exempts 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 have determined that there is a 
negligible risk of horses imported from Iceland introducing dourine, 
glanders, equine piroplasmosis, and EIA into the United States.
    As a result of this rule, U.S. importers of horses from Iceland 
will no longer be required to have those horses 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 will save a total 
of $41 on each horse imported from Iceland. Horses imported from 
Iceland will 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 economic impact of this rule will be minimal. Importers 
will save on the importation of horses, but the overall savings will 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 will increase significantly as a result 
of this rule. The cost reduction associated with this rule is less than 
1 percent of the average price of horses imported from Iceland into the 
United States in 1999. Therefore, this rule is expected to have only 
minimal economic effects 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 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

    This final 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 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 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.


    2. In Sec. 93.308, paragraph (a)(3) is 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 Immunno-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.
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* * * * *

    Done in Washington, DC, this 31st day of October 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-27816 Filed 11-5-01; 8:45 am]
BILLING CODE 3410-34-U