Horses From Spain; Change in Disease Status

SUMMARY: We are proposing to amend the regulations concerning the

importation of horses to remove Spain from the list of countries in

which African horse sickness exists. We believe that Spain is free of

African horse sickness, and that restrictions on the importation of

horses from Spain to prevent the spread of African horse sickness into

the United States are no longer necessary. This action relieves

unnecessary restrictions on the importation of horses from Spain.

DATES: Consideration will be given only to comments received on or

before December 30, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O.

Drawer 810, Riverdale, MD 20738. Please state that your comments refer

to Docket No. 94-097-1. Comments received may be inspected at USDA,

room 1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. Persons wishing to inspect comments are requested to

call ahead on (202) 690-2817 to facilitate entry into the comment

reading room.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian,

Import-Export Products Staff, National Center for Import-Export,

Veterinary Services, APHIS, USDA, room 758A, Federal Building, 6505

Belcrest Road, Hyattsville, MD 20782, (301) 436-7834.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 (referred to below as the

regulations) state the provisions for the importation into the United

States of specified animals to prevent the introduction of various

animal diseases, including African horse sickness (AHS). AHS, a fatal

equine viral disease, is not known to exist in the United States.

Section 92.308(a)(2) of the regulations lists countries that the Animal

and Plant Health Inspection Service (APHIS) considers affected with

AHS, and sets forth specific requirements for horses which are imported

from those countries. APHIS requires horses intended for importation

from any of the countries listed, including horses that have stopped in

or transited those countries, to enter the United States only at the

port of New York and be quarantined at the New York Animal Import

Center in Newburgh, NY, for at least 60 days.

Spain has applied to the United States Department of Agriculture to

be recognized as free from AHS. Spain's last diagnosed case of AHS was

on October 29, 1990. From December 1990 through December 1992, Spain

conducted an extensive AHS vaccination program. Effective November 30,

1993, the European Union declared Spain to be free of AHS.

APHIS has reviewed the documentation submitted by the Government of

Spain in support of its request. An APHIS official also performed an

on-site inspection of two of Spain's Animal Health Ministry's

laboratories. The APHIS official inspected both the Laboratory of

Animal Health and Production at Algetes and the Regional Laboratory of

Animal Health and Production at Cordoba. Both laboratories have been

heavily involved in eradication, vaccination, research, and

surveillance activities for AHS. The laboratory at Algetes serves as

the European Union's Reference Laboratory for AHS and is responsible

for providing verification of any suspected positive test result for

the AHS virus submitted by the 17 regional laboratories in Spain. In

1993, the regional laboratory at Cordoba tested 180 spleen samples from

horses in Spain that died of unknown causes or were killed in traffic

accidents; all results were negative for the AHS virus. The APHIS

official conducting the on-site evaluation concluded that the

laboratory systems are highly effective and contributed to the

eradication of AHS from Spain.

Based on the information discussed above, we believe that Spain

qualifies for removal from the list of countries, in Sec. 92.308(a)(2)

of the regulations, which APHIS considers affected with AHS. This

proposed action would relieve restrictions which require horses

imported from Spain to enter the United States only at the port of New

York and be quarantined at the New York Animal Import Center in

Newburgh, NY, for at least 60 days. This proposed action would allow

horses from Spain to be shipped to and quarantined at ports designated

in Sec. 92.303, and would reduce the quarantine period to an average of

three days to meet the quarantine and testing requirements specified in

Sec. 92.308.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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.

The primary impact of this proposal will be on U.S. importers of

horses from Spain, none of whom can be considered a small entity. These

importers will no longer be required to quarantine horses from Spain

for 60 days at the New York Animal Import Center in Newburgh, NY. The

proposed rule would allow horses from Spain to be shipped to and

quarantined at ports designated in Sec. 92.303, and would reduce the

quarantine and testing period to an average of three days to meet

quarantine requirements specified in Sec. 92.308.

The number of horses imported from Spain each year is extremely

small. In 1993, the United States imported 20,715 horses, mules, and

burros, of which only nine came from Spain. Removing the requirement

for a 60-day quarantine at the New York Animal Import Center in

Newburgh, NY, for horses from Spain will make the importation of these

horses less expensive and logistically easier. We anticipate that the

number of horses imported from Spain may slightly increase. However,

with the very small number of horses imported from Spain, we anticipate

the overall economic impact on businesses and individuals would be

minimal.

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 12778

This proposed rule has been reviewed under Executive Order 12778,

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 1980

(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 92 would be amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN

ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR

CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

1. The authority citation for part 92 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, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

Sec. 92.308 [Amended]

2. In Sec. 92.308, paragraph (a)(2) would be amended by removing

``Spain,''.

Done in Washington, DC, this 26th day of October 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-26905 Filed 10-28-94; 8:45 am]

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