Horses From the United Arab Emirates; Change in Disease Status

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-014-1]

Horses From the United Arab Emirates; Change in Disease Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning the

importation of horses to remove the United Arab Emirates from the list

of countries in which African horse sickness exists. We believe that

the United Arab Emirates is free of African horse sickness, and that

restrictions on the importation of horses from the United Arab Emirates

to prevent the spread of African horse sickness into the United States

are no longer necessary. This action would relieve unnecessary

restrictions on the importation of horses from the United Arab

Emirates.

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

before March 30, 1995.

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

Docket No. 95-014-1, Animal and Plant Health Inspection Service, Policy

and Program Development, Regulatory Analysis and Development, 4700

River Road Unit 118, Riverdale, MD 20737-1228. Please state that your

comments refer to Docket No. 95-014-1. 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,

Animal and Plant Health Inspection Service, Veterinary Services,

National Center for Import and Export, Import/Export Products, 4700

River Road Unit 40, Riverdale, MD 20737-1228.

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. [[Page 13930]]

The United Arab Emirates (UAE) has applied to the United States

Department of Agriculture to be recognized as free from AHS. The UAE's

last diagnosed case of AHS was over 29 years ago. The UAE has been

testing horses for AHS. Additionally, they have an active surveillance

program to monitor for AHS.

APHIS has reviewed the documentation submitted by the Government of

the UAE in support of its request. APHIS officials also performed on-

site inspections of the UAE's surveillance program and veterinary

infrastructure. APHIS officials reviewed the qualifications of the

UAE's veterinarians, microbiologists, and histopathologists. APHIS

officials inspected the virology, parasitology, and bacteriology lab

facilities at the Central Veterinary Research Laboratory in Dubai.

Additionally, APHIS officials evaluated the UAE's import-export

practices, including airports, border crossings, and quarantine

facilities. The airports and border crossings are tightly controlled

with adequate fencing and other physical barriers to control entry into

the UAE. The APHIS officials conducting the on-site evaluation

concluded that the veterinary infrastructure, laboratory facilities,

and import-export practices are effective and contribute to the AHS-

free status of the UAE.

Based on the information discussed above, we believe that the UAE

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 the UAE 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 the UAE to be shipped to and quarantined at ports

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

average of 3 days to meet the quarantine and testing requirements

specified in Sec. 92.308.

Comment Period

The Administrator of the Animal and Plant Health Inspection Service

has determined that this rulemaking proceeding should be expedited by

allowing a 15-day comment period on this proposal. U.S importers have

requested that this rulemaking be completed in time to allow them to

import horses from the UAE for this year's Kentucky Derby, to be held

May 6, 1995. The comment period would allow the agency to promulgate

and implement a final rule on an expedited basis. Prompt implementation

of a final rule would facilitate the importation of horses by removing

unnecessary quarantine restrictions. Removing the UAE from the list of

AHS countries would significantly reduce the quarantine period for

horses imported from the UAE. Additionally, this proposal would allow

more flexibility in the ports used for the importation of horses from

the UAE, making the importation of horses from the UAE logistically

easier.

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 the UAE. The horses imported from the UAE tend to be

higher-valued, purebred horses. These horses are worth 10 to 20 times

more than the average price per horse from the rest of the world. Few,

if any, of these importers can be considered a small entity. These

importers will no longer be required to quarantine horses from the UAE

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

proposed rule would allow horses from the UAE 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.

While no horses are reported in the ``Foreign Agricultural Trade of

the United States'' as being imported directly from the UAE, we believe

that each year an average of 10 to 20 horses are imported indirectly

from the UAE through Europe. Removing the requirement for a 60-day

quarantine at the New York Animal Import Center in Newburgh, NY, for

horses from the UAE will make the importation of these horses less

expensive and logistically easier. We anticipate that the number of

horses imported from the UAE may slightly increase. We estimate

approximately 50 to 100 horses may be imported per year, though some of

these horses will only be temporarily imported to the United States for

particular events, and then transported back to the UAE. With the very

small number of horses imported from the UAE, 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

``the United Arab Emirates,''.

Done in Washington, DC, this 9th day of March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-6373 Filed 3-14-95; 8:45 am]

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