Horses From Portugal

DEPARTMENT OF AGRICULTURE

9 CFR Part 92

[Docket No. 93-113-2]

Horses From Portugal

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are declaring Portugal free of African horse sickness and

removing Portugal from the list of countries which the Animal and Plant

Health Inspection Service considers affected with African horse

sickness. This action relieves certain restrictions on the importation

into the United States of horses from Portugal.

EFFECTIVE DATE: March 14, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Harvey A. Kryder, Chief Staff

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

Export, Veterinary Services, APHIS, USDA, room 753, Federal Building,

6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.

SUPPLEMENTARY INFORMATION:

Background

The regulations on animal importations in 9 CFR parts 92 and 94

(referred to below as the regulations) govern the importation into the

United States of specified animals and animal products to prevent the

introduction of various livestock diseases, including African horse

sickness (AHS). AHS is a fatal equine viral disease not found in the

United States.

On November 1, 1993, we published in the Federal Register (58 FR

58304-58305, Docket No. 93-113-1) a proposal to amend the regulations

by removing Portugal from the list in Sec. 92.308(a)(2) of countries

which the Animal and Plant Health Inspection Service considers affected

with AHS.

We solicited comments concerning our proposed rule for a 30-day

period ending on November 29, 1993. During that period, we received two

comments, both from horse associations. Both associations supported the

proposed rule; one made additional comments not related to the proposed

rule. Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposed rule as a final rule

without change.

Effective Date

This is a substantive rule that relieves restrictions, and,

pursuant to the provisions of 5 U.S.C. 553, may be made effective less

than 30 days after publication in the Federal Register. This rule

removes Portugal from the list in Sec. 92.308(a)(2) of countries which

APHIS considers affected with AHS. We have determined that

approximately 2 weeks are needed to ensure that APHIS personnel at

ports of entry receive official notice of this change in the

regulations. Therefore, the Administrator of the APHIS has determined

that this rule should be made effective 15 days after publication in

the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This final 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 number of horses imported into the United States is small; we

estimate, using 1991 and 1992 figures, that only 0.2 to 0.3 percent of

all horses in the United States have been imported. Furthermore, during

the last 2 years, only one horse has been imported from Portugal.

Therefore, we anticipate that any increase in horse imports from

Portugal as a result of this rule will be insignificant.

Principally, this rule will allow horses from Portugal to make

temporary visits to the United States for shows or sporting events.

Currently, such visits are impractical, since horses imported from

Portugal must be quarantined in New York for at least 60 days, at a

cost to importers of approximately $4,700 per horse. The rule will

allow horses from Portugal making temporary visits to the United States

to enter through a variety of ports and be quarantined for a shorter,

and less expensive, period. Accordingly, though this rule may have a

positive economic impact on importers bringing horses from Portugal

into the United States for temporary visits, we anticipate that the

overall economic impact on businesses and individuals will be minimal.

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 12778

This rule has been reviewed under Executive Order 12778, 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 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 is 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 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, 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) is amended by removing

``Portugal,''.

Done in Washington, DC, this 18th day of February 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-4325 Filed 2-24-94; 8:45 am]

BILLING CODE 3410-34-P