[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Rules and Regulations]
[Pages 67617-67624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28974]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-028-1]


Importation of Horses, Ruminants, Swine, and Dogs; Inspection and 
Treatment for Screwworm

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the animal import regulations to require 
horses, ruminants, and swine that are imported from regions of the 
world where screwworm is considered to exist to be inspected and 
treated, under certain conditions, for screwworm. We are also amending 
the regulations to require dogs that are imported from regions of the 
world where screwworm is considered to exist to be inspected and, if 
necessary, treated for screwworm. This action is necessary to prevent 
the introduction of screwworm into the United States.

DATES: This interim rule is effective November 13, 2000. We invite you 
to comment on this docket. We will consider all comments that we 
receive by January 12, 2001.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
028-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-028-1.
    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. Glen I. Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services Staff, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    Screwworm is a pest native to tropical areas of South America, the 
Indian subcontinent, Southeast Asia, tropical and sub-Saharan Africa, 
and the Arabian peninsula that causes extensive damage to livestock and 
other warmblooded animals. The adult female screwworm typically lays 
her eggs in the open wounds of warmblooded host animals. Screwworm 
larvae hatch in as little as 12 hours and begin to feed on the raw 
flesh of the host animal; they are fully grown within 5 to 7 days after 
hatching. The fully grown larvae then drop from the host and tunnel 
into the soil, where they form protective cases to house themselves 
while they pupate. Adult screwworm flies emerge from these pupal cases 
and are ready to mate again within 3 to 5 days.
    Screwworm was eradicated from the United States in 1966. However, 
in July of 1999, and again in February and March of 2000, screwworm 
larvae were found in horses that were imported into the United States 
from Venezuela and Argentina.
    The regulations in 9 CFR part 93 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals 
and birds into the United States to prevent the introduction of 
communicable diseases of livestock and poultry. Subparts C, D, E, and F 
of the regulations govern the importation of horses, ruminants, swine, 
and dogs, respectively.
    We are amending the animal import regulations to require horses, 
ruminants, and swine that are imported from regions of the world where 
screwworm is considered to exist to be inspected and treated, under 
certain conditions, for screwworm. We are also amending the regulations 
to require dogs that are imported from regions of the world where 
screwworm is considered to exist to be inspected and, if necessary, 
treated for screwworm. We are taking this action in order to prevent 
the introduction of screwworm into the United States.
    Screwworm is considered to exist in the following regions of the 
world: Angola, Argentina, Bahrain, Bangladesh, Benin, Bolivia, 
Botswana, Brazil, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, 
Central African Republic, China, Columbia, Congo, Dominican Republic, 
Ecuador, Equatorial Guinea, French Guiana, Gabon, Gambia, Ghana, 
Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iraq, Ivory 
Coast, Jamaica, Kenya, Kuwait, Laos, Lesotho, Liberia, Macau, Malawi, 
Malaysia, Mali, Mauritania, Mozambique, Myanmar, Namibia, Nigeria, 
Oman, Pacific Islands (Palau), Panama, Papua New Guinea, Paracel 
Islands, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi Arabia, 
Senegal, Sierra Leone, Singapore, South Africa, Spratly Islands, Sri 
Lanka, Surinam, Swaziland, Taiwan, Tanzania, Thailand, Togo, Trinidad 
and Tobago, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, 
Zaire, Zambia, and Zimbabwe. Screwworm is also considered to exist on 
Isla de Pascua (Easter Island), which is part of Chile.
    As of the effective date of this rule, horses, ruminants, swine, 
and dogs may be imported into the United States from the regions where 
screwworm is considered to exist only if they are inspected and, if 
necessary, treated for

[[Page 67618]]

screwworm according to the conditions outlined below for each type of 
animal.

Requirements for Horses

    Prior to the effective date of this rule, the regulations did not 
contain any restrictions on the importation of horses that were 
specifically designed to protect against the introduction of screwworm 
into the United States. In this document, we are amending subpart C of 
the regulations to add the following requirements for imported horses 
from any region of the world where screwworm is considered to exist.
    <bullet> A veterinarian must treat horses with ivermectin 3 to 5 
days prior to the date of export to the United States. The horses must 
be treated according to the appropriate recommended dose prescribed on 
the product's label.
    Research has shown that ivermectin is effective against the early 
stages of screwworm infestation that are difficult to observe during 
visual inspection of animals. The treatment must be administered within 
3 to 5 days prior to export because ivermectin has been demonstrated to 
eliminate infestations of screwworm within 3 to 5 days after treatment. 
Treating horses with ivermectin 3 to 5 days prior to export reduces the 
risk of animals becoming infested with screwworm just prior to export.
    <bullet> Horses must be examined for screwworm by a full-time 
salaried veterinary official of the exporting country within 24 hours 
prior to shipment to the United States. The official must fully examine 
the animals, paying particular attention to their external genitalia. 
If any animals are found to be infested with screwworm, they must be 
held in quarantine and treated until free from infestation.
    This examination is necessary to identify outwardly visible signs 
of screwworm infestation. We are directing that officials pay 
particular attention to the external genitalia of horses because in 
both recent cases where screwworm infestations were found in imported 
horses, the infestations were located in the prepuce area of the penis 
of the horses. The Animal and Plant Health Inspection Service (APHIS) 
has gathered information from other countries confirming that screwworm 
infestations in horses are commonly found in the prepuce.
    <bullet> At the time the horses are loaded onto a means of 
conveyance for export, a veterinarian must treat any visible wounds on 
the animals with a solution of coumaphos dust at a concentration of 5 
percent active ingredient.
    Treatment with coumaphos will help ensure that potential screwworm 
infestations in open wounds are eliminated prior to shipment to the 
United States. Coumaphos dust is an insecticide that is effective 
against screwworm and is the insecticide most commonly used in the 
International Screwworm Eradication Program, an APHIS program to 
prevent the introduction of screwworm into the United States by 
eradicating screwworm from Mexico and Central America.
    <bullet> The horses must be accompanied to the United States by a 
certificate signed by a full-time salaried veterinary official of the 
exporting country. The certificate must state that the horses, 
including their external genitalia, have been thoroughly examined, that 
the animals have been treated with ivermectin, that any visible wounds 
on the animals have been treated with coumaphos, and that the animals 
appear to be free of screwworm.
    This certification will help ensure that all preembarkation 
requirements have been met.
    Horses imported from regions identified in this document as regions 
where screwworm is considered to exist are already required to be 
quarantined upon arrival in the United States for at least 3 days at an 
APHIS animal import center. Under this rule, horses from regions where 
screwworm is considered to exist must be quarantined, inspected, and, 
if necessary, treated upon arrival in the United States as follows:
    <bullet> The horses must be quarantined upon arrival in the United 
States at an APHIS animal import center for at least 7 days.
    <bullet> A veterinarian must examine the horses, including their 
external genitalia, for screwworm within 24 hours after their arrival 
at the APHIS animal import center in the United States.
    If a horse arrives infested with screwworm despite preembarkation 
precautions, we must be sure the infestation is promptly detected. If 
screwworm infestations are promptly discovered and treated during 
quarantine, maturation of larvae can be prevented, thus reducing the 
possibility that larvae could drop into the soil and pupate. The cost 
of this inspection is covered by the user fees applicable to equines 
quarantined in APHIS animal import centers (see 9 CFR part 130, 
Sec. 130.2).
    <bullet> On day 7, prior to the horses' release, a veterinarian 
must examine the horses for screwworm at the expense of the owner or 
broker.\1\ For this examination, the veterinarian must anesthetize the 
horses so that he or she can thoroughly examine the horses' external 
genitalia. If screwworms are found during this examination, the horses 
must be held in quarantine and treated until free.
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    \1\ The daily costs of APHIS animal quarantine services are 
provided in Sec. 130.2(a). The cost of paying for this final 
examination of an anesthetized horse is not included in the daily 
user fees, and importers are responsible for the cost of this 
examination, in addition to daily quarantine user fees.
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    A 7-day quarantine will provide time for any previously undetected 
screwworm that may be present to grow large enough to be found. 
Examination on the seventh day will ensure that any screwworm 
infestations are detected and eliminated before the animal is allowed 
to leave quarantine.

Requirements for Ruminants and Swine

    Prior to the effective date of this rule, the regulations did not 
contain any restrictions on the importation of ruminants and swine that 
were specifically designed to protect against the introduction of 
screwworm into the United States. In this document, we are amending 
subparts D and E of the regulations to add the following requirements 
for imported ruminants and swine from any region of the world where 
screwworm is considered to exist.
    <bullet> A veterinarian must treat ruminants and swine with 
ivermectin 3 to 5 days prior to the date of export to the United 
States. The ruminants and swine must be treated according to the 
appropriate recommended dose prescribed on the product's label.
    Research has shown that ivermectin is effective against the early 
stages of screwworm infestation that are difficult to observe during 
visual inspection of animals. The treatment must be administered within 
3 to 5 days prior to export because ivermectin has been demonstrated to 
eliminate infestations of screwworm within 3 to 5 days after treatment. 
Treating ruminants and swine with ivermectin 3 to 5 days prior to 
export reduces the risk of animals becoming infested with screwworm 
just prior to export.
    <bullet> Ruminants and swine must be examined for screwworm by a 
full-time salaried veterinary official of the exporting country within 
24 hours prior to shipment to the United States. The official must 
fully examine the animals. If any animals are found to be infested with 
screwworm, they must be held in quarantine and treated until free from 
infestation.

[[Page 67619]]

    This examination is necessary to identify outwardly visible signs 
of screwworm infestation.
    <bullet> At the time the ruminants or swine are loaded onto a means 
of conveyance for export, a veterinarian must treat any visible wounds 
on the animals with a solution of coumaphos dust at a concentration of 
5 percent active ingredient.
    Treatment with coumaphos will help ensure that potential screwworm 
infestations in open wounds are eliminated prior to shipment to the 
United States. Coumaphos dust is an insecticide that is effective 
against screwworm and is the insecticide most commonly used in the 
International Screwworm Eradication Program, an APHIS program to 
prevent the introduction of screwworm into the United States by 
eradicating screwworm from Mexico and Central America.
    <bullet> The ruminants and swine must be accompanied to the United 
States by a certificate signed by a full-time salaried veterinary 
official of the exporting country. The certificate must state that the 
ruminants or swine have been thoroughly examined, that the animals have 
been treated with ivermectin, that any visible wounds on the animals 
have been treated with coumaphos, and that the animals appear to be 
free of screwworm.
    This certification will help ensure that all preembarkation 
requirements have been met.
    Ruminants and swine that are imported from all countries and areas 
identified in this rule as regions where screwworm is considered to 
exist are already required under Secs. 93.411 and 93.510 of the 
regulations to be quarantined for 30 and 15 days, respectively, during 
which time they are observed for signs of disease or infestation with 
animal pests. If screwworm is found during quarantine, the infested 
animal is held in quarantine and treated until free of infestation.
    We believe the requirements described above, in combination with 
existing quarantine requirements, will prevent the introduction of 
screwworm into the United States by imported horses, ruminants, or 
swine.

Dogs

    Dogs to be used in the handling of livestock may be imported into 
the United States in accordance with the regulations at subpart F. The 
regulations provide that dogs from any part of the world except Canada, 
Mexico, and regions of Central America and the West Indies that are 
imported to be used in the handling of livestock must be quarantined 
and inspected at the port of entry in the United States for a 
sufficient time to determine if the dogs are infested with Taenia 
coenurus (tapeworm). If dogs are found to be infested with tapeworm, 
they are required to be treated until free from the infestation.
    Prior to the effective date of this rule, APHIS did not regulate 
the importation of dogs other than those used to handle livestock 
because we did not believe such imported dogs presented a significant 
risk of disseminating pests or diseases to livestock. However, since 
screwworms are strong fliers and can move considerable distances from 
their original point of infestation, we believe it is necessary to 
require all dogs intended for importation into the United States to be 
inspected for screwworm by a veterinarian and, if infested, to be held 
in quarantine and treated until free.
    We are, therefore, amending subpart F to provide that all dogs from 
any region of the world where screwworm is considered to exist may be 
imported into the United States only if accompanied by a certificate 
signed by a full-time salaried veterinary official of the exporting 
region that states that the dog(s) have been inspected for screwworm 
within 5 days preceding shipment to the United States and that the 
dog(s) were either found free of screwworm, or were found to be 
infested with screwworm and were held in quarantine and treated until 
free prior to leaving the region of export. We believe these 
requirements are necessary to prevent screwworm from being introduced 
into the United States. We are also making several editorial changes to 
the requirements for dogs used for handling livestock to make the 
requirements clearer.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the introduction of screwworm 
into the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. The document will 
include a discussion of any comments we receive and any amendments we 
are making to the rule as a result of the comments.

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.
    Prior to the effective date of this rule, APHIS regulations 
contained no provisions specifically designed to protect against the 
introduction of screwworm by animals imported into the United States. 
In July 1999, and again in February and March 2000, screwworm larvae 
were found in horses imported into the United States. This interim rule 
sets forth preembarkation requirements for ruminants, swine, and dogs 
and preembarkation and postarrival requirements for horses imported 
from any region of the world where screwworm is considered to exist in 
order to prevent the introduction of screwworm into the United States.
    The screwworm is a parasite that enters open wounds and feeds on 
the flesh of livestock and other warmblooded animals, including humans. 
Left untreated, screwworm-infested wounds lead to death. Multiple 
infestations can kill a grown steer in 5 to 7 days.
    As early as 1825, western States reported serious screwworm 
problems, and infestations spread to the southeastern United States by 
the 1930's. The U.S. Department of Agriculture began an eradication 
program in the 1950's using sterilized flies, and self-sustaining 
screwworm populations were eliminated from the United States by 1966. 
International eradication efforts have proceeded southward during the 
1990's, with Mexico officially declared free of screwworm in 1991, and 
the countries of Belize, Costa Rica, El Salvador, Guatemala, Honduras, 
and Nicaragua thereafter.
    Regions where screwworm is considered to exist include Angola, 
Argentina, Bahrain, Bangladesh, Benin, Bolivia, Botswana, Brazil, 
Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Central African 
Republic, China, Colombia, Congo, Dominican Republic, Ecuador, 
Equatorial Guinea, French Guiana, Gabon, Gambia, Ghana, Guinea, Guinea-
Bissau, Guyana, Haiti, India, Indonesia, Iraq, Ivory Coast, Jamaica, 
Kenya, Kuwait, Laos, Lesotho, Liberia, Macau, Malawi, Malaysia, Mali, 
Mauritania, Mozambique, Myanmar, Namibia, Nigeria, Oman, Pacific 
Islands (Palau), Panama, Papua New Guinea,

[[Page 67620]]

Paracel Islands, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi 
Arabia, Senegal, Sierra Leone, Singapore, South Africa, Spratly 
Islands, Sri Lanka, Surinam, Swaziland, Taiwan, Tanzania, Thailand, 
Togo, Trinidad and Tobago, Uganda, United Arab Emirates, Uruguay, 
Venezuela, Vietnam, Zaire, Zambia, and Zimbabwe. Screwworm is also 
considered to exist on Easter Island, which is part of Chile. However, 
given that few, if any, animals are imported by the United States from 
Easter Island, Chile is not included in this analysis.
    Inspection and testing protocols for the importation of horses, 
ruminants, swine, and dogs from regions where screwworm is considered 
to exist were described earlier in this document. Where possible, costs 
associated with the protocols are approximated, to evaluate whether 
proposed regulations are likely to have a significant economic effect 
on a substantial number of small entities. This likelihood is examined 
for each type of animal, based on inspection, treatment, and 
certification costs, and recognizing that some measures are already 
required because of other disease risks. Estimates of the additional 
costs per animal to importers that could result from implementation of 
this rule are then placed in perspective by comparing the magnitude of 
the additional costs to the average value of the animals being 
imported, and by noting the proportion of U.S. imports of these animals 
that come from the infested countries.

Horses

    As explained earlier in this document, this interim rule requires 
horses that are imported from regions of the world where screwworm is 
considered to exist to meet the following conditions:
    <bullet> A veterinarian must treat horses with ivermectin 3 to 5 
days prior to the date of export to the United States;
    <bullet> Horses must be examined for screwworm and found free by a 
full-time salaried veterinary official of the exporting country within 
24 hours prior to shipment to the United States;
    <bullet> At the time of loading onto a means of conveyance for 
export, a veterinarian must treat any visible wounds on horses with a 
solution of coumaphos dust at a concentration of 5 percent active 
ingredient;
    <bullet> Horses must be accompanied to the United States by a 
certificate signed by a full-time, salaried veterinary official of the 
exporting country. The certificate must state that the animals, 
including their external genitalia, have been thoroughly examined and 
found free of screwworm, and that the animals have been treated with 
ivermectin, and, if necessary, coumaphos dust;
    <bullet> Horses must be quarantined upon arrival in the United 
States at an APHIS animal import center for at least 7 days.
    <bullet> A veterinarian must examine the horses, including their 
external genitalia, for screwworm within 24 hours after their arrival 
at the APHIS animal import center; and
    <bullet> On day 7, prior to the horses' release, a veterinarian 
must examine the horses for screwworm at the expense of the owner or 
broker. For this examination, horses must be anesthetized so that their 
external genitalia can be thoroughly examined.
    Most countries in the Western hemisphere that are infested with 
screwworm are also affected by Venezuelan equine encephalomyelitis 
(VEE), and several countries in the Eastern Hemisphere that are 
infested with screwworm are also affected by African horse sickness 
(AHS). Under Sec. 93.308(a)(1) and (2), horses imported from VEE- or 
AHS-affected regions are subject to 7- and 60-day quarantines, 
respectively, upon arrival in the United States. The 7-day screwworm 
quarantine will be concurrent with required quarantines for VEE and 
AHS. Importers of horses from screwworm infested and VEE- or AHS-
affected areas will bear only the additional costs associated with 
preembarkation treatment and inspection, treatment of wounds during 
loading, inspection upon arrival at the port of entry, and the final 
examination of anesthetized horses.
    Preembarkation inspection and treatment costs will vary from region 
to region. The requirement that the examination will need to be 
performed by a full-time salaried veterinary official of the exporting 
country would suggest that some regions may set fees. We do not have 
information on these costs, but for the purposes of a generalized 
analysis, we assumed that pre-embarkation inspections, treatments, and 
certification would total between $50 and $100 per animal. We assumed 
that examination upon arrival in the United States and the final 
inspection of the anesthetized horse at the end of the quarantine 
period would cost between $75 and $125 per horse, for a total cost 
ranging from $125 to $225 per horse.
    Regions with screwworm that are not affected by VEE or AHS are 
Argentina, Bangladesh, Brunei, Cambodia, China, India, Indonesia, Iraq, 
Laos, Macau, Malaysia, Myanmar, Pacific Islands (Palau), Papua New 
Guinea, Paracel Islands, Philippines, Qatar, Singapore, Spratly 
Islands, Sri Lanka, Taiwan, Thailand, United Arab Emirates, and 
Vietnam. Horses imported from these regions are already subject to a 
minimum quarantine of 3 days upon arrival in the United States. 
Importers of horses from these regions will bear preembarkation 
inspection and treatment costs as discussed above, as well as the cost 
of 4 additional days of quarantine.
    Argentina is the only significant source of horse imports for which 
the additional quarantine days will be applicable. China, Philippines, 
Taiwan, and United Arab Emirates also exported horses to the United 
States during the period 1995-1998, but collectively they exported only 
5 horses in 1995, 9 in 1996, 14 in 1997, and 13 in 1998.
    The cost of quarantining a horse for 3 days is $448.50. The cost of 
a 7-day quarantine is $881.50. Thus, importers of horses from Argentina 
(and countries such as China, Philippines, Qatar, Taiwan, and United 
Arab Emirates) will bear an additional quarantine cost of $433 per 
horse. Given that importers will also bear preembarkation and 
postarrival costs of $125 to $225 per horse, the total additional cost 
to importers will likely be $558 to $658 per horse. Importers may also 
encounter other costs less easily quantified, such as greater 
difficulty in the scheduling of shipments (space is easier to reserve 
for a 3-day quarantine than for a 7-day quarantine) given the demand 
for use of the animal import center.
    These costs are small when compared to the value of the horses 
imported. For example, the average value of purebred horses imported 
between 1995 and 1998 from screwworm infested regions in the Western 
Hemisphere, except Argentina, was $6,370. The assumed additional costs 
($125 to $225) to importers of purebred horses from these countries 
represent 2 to 3.5 percent of the average value of imported horses. 
During this same period, the average value of purebred horses imported 
from Argentina was $9,280. The assumed costs ($558 to $658) to 
importers of purebred horses from Argentina represent 6 to 7 percent of 
the average value of the horses.
    The potential effect of these costs on U.S. entities can also be 
assessed by taking into account the share of U.S. horse imports 
supplied by the screwworm infested regions. In 1995-1998, the infested 
regions, excluding Argentina, supplied about 12 percent of all purebred 
horses imported by the United States (an average of 196 horses per 
year); about 21 percent (an average

[[Page 67621]]

of 347 horses per year) of purebred imports came from Argentina.\2\
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    \2\ For nonpurebred horses, the screwworm-affected countries 
supply a much smaller share of U.S. imports. During 1995-1998, only 
0.21 percent of nonpurebred horse imports (an average of 73 horses 
per year) were supplied by the affected countries, excluding 
Argentina; only 0.36 percent of of nonpurebred horse imports (an 
average of 125 horses per year) came from Argentina. We excluded 
from this analysis nonpurebred horse imports from the affected 
countries since they represent such a small fraction--about one-half 
of one percent--of all such imports by the United States.
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    Importers that may be affected by this rule include U.S. horse 
farms and operators of racing stables. Whether potentially affected 
operations are considered small entities depends on their annual gross 
receipts. Horse farms, classified under Standard Industrial 
Classification (SIC) industry number 0272 (Horses and Other Equines), 
are considered small if their annual gross receipts are $0.5 million or 
less. Operators of racing stables are included within SIC industry 
number 7948 (Racing, Including Track Operations), for which the small-
entity criterion is annual gross receipts of $5 million or less.
    It is reasonable to assume that at least some of the horse farms 
and other firms that will be affected by this rule change are small 
entities, although their number is not known. However, since estimated 
screwworm-prevention costs are a small fraction of the average value of 
the horses imported, and since two-thirds of purebred horse imports do 
not come from screwworm-affected regions, we do not expect the economic 
effects of this rule to be significant.

Ruminants and Swine

    Protocol requirements for ruminants and swine are the same as for 
horses, other than for the 7-day quarantine and final examination of 
the anesthetized animal. Ruminants and swine are generally not imported 
from screwworm infested countries, for both economic and animal health 
reasons. The occurrence of diseases such as foot-and-mouth disease and 
hog cholera essentially preclude ruminant and swine imports from most 
screwworm-affected regions. Of the screwworm infested regions that are 
considered free of foot-and-mouth disease (Haiti, Jamaica, Panama, 
South Africa,\3\ and Trinidad and Tobago), only South Africa has a 
history of ruminant exports to the United States.\4\
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    \3\ South Africa is considered free of foot-and-mouth disease 
except the foot-and-mouth disease controlled area (which extends 
from the Republic of South Africa's border with Mozambique 
approximately 30 to 90 kilometers into the Republic of South Africa 
to incude Kruger National Park and surveillance and control zones 
around the park, and elsewhere extends, from east to west, 
approximately 10 to 20 kilometers into the Republic of South Africa 
along its borders with Mozambique, Swaziland, Zimbabwe, Botswana, 
and the southeast part of the border with Namibia).
    \4\ Canada is the main supplier of cattle to the United States, 
and Mexico is second. Together, they provide 99 percent of U.S. 
cattle imports; very small quantities are imported from other 
countries, such as Japan and Germany. Nearly all imported sheep are 
from Canada, with small percentages coming from Mexico, New Zealand, 
and Australia. Canada and New Zealand are the major suppliers of 
goats, with occasional shipments from Mexico and Australia. Nearly 
all imported swine come from Canada, with lesser numbers supplied by 
Europe, New Zealand and Australia.
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    No cattle or sheep were exported from South Africa to the United 
States in the past 5 years, but 412 goats were exported to the United 
States in 1995. If such shipments were to recur, the additional costs 
borne by the goat importers would be those associated with 
preembarkation inspection, treatment, and certification, and treatment 
of wounds during loading. The value of goats imported from South Africa 
in 1995 was about $660 each. Assumed preembarkation inspection, 
treatment, and certification costs of about $30 per goat represent less 
than 5 percent of this average value.
    Potentially affected entities would include U.S. goat producers, 
the majority of which are small entities (as classified under SIC 
industry number 0214, and for which the small-entity criterion is 
annual gross receipts of $0.5 million or less). We expect that any 
future goat imports from South Africa would represent a small fraction 
of the total U.S. imports of goats. As with horses, we do not expect 
that this rule will have a significant economic effect on a substantial 
number of small entities.

Dogs

    Prior to the effective date of this rule, we regulated the 
importation of dogs only if they were intended to be used in the 
handling of livestock. The screwworm threat requires that all dogs 
imported from the infested countries be inspected and, if necessary, 
treated before importation. A certificate signed by a full-time 
salaried veterinary official of the dog's region of origin must state 
that the dog has been inspected for screwworm within 5 days prior to 
shipment to the United States and that it is either free from 
infestation, or was found to be infested with screwworm and treated 
until free prior to leaving the region of origin.
    The cost to dog importers for preembarkation inspection, treatment 
(if necessary), and certification is not known. It may be similar to 
that assumed for horses: $50 to $100 per animal.
    The quantity of dogs imported yearly from the affected regions is 
not known, but we believe the number is small. Many of these dogs are 
probably owned as pets; for their owners, any economic effects of this 
rule are not within the scope of the Regulatory Flexibility Act. Firms 
importing dogs from these regions for sale, whether to be used in 
handling livestock or otherwise, are classified under SIC industry 
number 5199 (Miscellaneous Nondurable Goods), for which the small-
entity criterion is 100 employees or fewer.
    Firms that import dogs from the infested regions may well be small 
entities. However, it is unlikely that the preembarkation screwworm 
requirements would represent significant costs when compared to the 
value of an imported dog; transport expenses alone would imply that the 
market value of such a dog would be relatively high.

Summary

    This rule sets forth preembarkation and postarrival requirements 
for horses, ruminants, swine, and dogs imported from screwworm infested 
regions. Protocols for testing and treatment will reduce the risk that 
screwworm could be introduced into the United States. As a group, 
screwworm infested regions are not a major source of U.S. horse 
imports, and, with apparently only one exception in the past 5 years, 
not a source at all of ruminants or swine. Also, few if any dogs are 
presumed to be imported from these regions. In those instances in which 
imports do take place, we do not expect costs associated with the 
protocols to be large when compared to the value of the animals. Small 
entities may be affected, but their number will not be substantial nor 
will the economic effects be significant.
    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 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

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information

[[Page 67622]]

collection and recordkeeping requirements included in this interim rule 
have been submitted for emergency approval to the Office of Management 
and Budget (OMB). OMB has assigned control number 0579-0165 to the 
information collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Docket No. 00-028-1, Regulatory Analysis and 
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room 
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250. 
Please state that your comments refer to Docket No. 00-028-1 and send 
your comments within 60 days of publication of this rule.
    This interim rule will amend the animal import regulations to 
require horses, ruminants, and swine that are imported from regions of 
the world where screwworm is considered to exist to be inspected and 
treated, under certain conditions, for screwworm. This rule will also 
amend the regulations to require dogs that are imported from regions of 
the world where screwworm is considered to exist to be inspected and, 
if necessary, treated for screwworm.
    Implementing this rule will necessitate the completion of a foreign 
animal health certificate for horses, ruminants, swine, and dogs that 
are imported from regions where screwworm is considered to exist.
    We are soliciting comments from the public concerning our 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 15 minutes per response.
    Respondents: Full-time salaried veterinary officials of exporting 
regions.
    Estimated annual number of respondents: 36.
    Estimated annual number of responses per respondent: 3.78.
    Estimated annual number of responses: 136.
    Estimated total annual burden on respondents: 34 hours.
    Copies of this information collection can be obtained from: Ms. 
Laura Cahall, APHIS' Information Collection Coordinator, (301) 734-
5360.

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 is revised 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. 93.301, a new paragraph (j) is added to read as follows:


Sec. 93.301  General prohibitions; exceptions.

* * * * *
    (j) Examination and treatment for screwworm. Horses from Angola, 
Argentina, Bahrain, Bangladesh, Benin, Bolivia, Botswana, Brazil, 
Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Central African 
Republic, China, Columbia, Congo, Dominican Republic, Ecuador, 
Equatorial Guinea, French Guiana, Gabon, Gambia, Ghana, Guinea, Guinea-
Bissau, Guyana, Haiti, India, Indonesia, Iraq, Isla de Pascua (Easter 
Island, part of Chile), Ivory Coast, Jamaica, Kenya, Kuwait, Laos, 
Lesotho, Liberia, Macau, Malawi, Malaysia, Mali, Mauritania, 
Mozambique, Myanmar, Namibia, Nigeria, Oman, Pacific Islands (Palau), 
Panama, Papua New Guinea, Paracel Islands, Paraguay, Peru, Philippines, 
Qatar, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Singapore, South 
Africa, Spratly Islands, Sri Lanka, Surinam, Swaziland, Taiwan, 
Tanzania, Thailand, Togo, Trinidad and Tobago, Uganda, United Arab 
Emirates, Uruguay, Venezuela, Vietnam, Zaire, Zambia, Zimbabwe, or any 
other region of the world where screwworm is considered to exist may be 
imported into the United States only if they meet the following 
requirements and all other applicable requirements of this part:
    (1) A veterinarian must treat horses with ivermectin 3 to 5 days 
prior to the date of export to the United States according to the 
recommended dose prescribed on the product's label.
    (2) Horses must be examined for screwworm by a full-time salaried 
veterinary official of the exporting country within 24 hours prior to 
shipment to the United States. The official must fully examine the 
horses, including their external genitalia. If horses are found to be 
infested with screwworm, they must be treated until free from 
infestation.
    (3) At the time horses are loaded onto a means of conveyance for 
export, a veterinarian must treat any visible wounds on the animals 
with a solution of coumaphos dust at a concentration of 5 percent 
active ingredient.
    (4) Horses must be accompanied to the United States by a 
certificate signed by a full-time salaried veterinary official of the 
exporting country. The certificate must state that the horses, 
including their external genitalia, have been thoroughly examined and 
found free of screwworm and that the horses have been treated in 
accordance with paragraphs (j)(1) and (j)(3) of this section.
    (5) Horses must be quarantined upon arrival in the United States at 
an APHIS animal import center for at least 7 days.
    (6) Horses must be examined for screwworm by a veterinarian within 
24 hours after arrival at an APHIS animal import center in the United 
States. The examining veterinarian must examine horses, including their 
external genitalia, to determine whether the horse is infested with 
screwworm.
    (7) Horses must be held at the animal import center for a minimum 
of 7 days. On day 7, prior to the horses' release, the horses must be 
examined for screwworm by a veterinarian at the expense of the owner or 
broker. For this examination, the horses must be anesthetized so that 
the external genitalia of the horses can be thoroughly examined. If 
screwworm are found during this examination, the horses must be held in 
quarantine and treated until free of infestation.
* * * * *

    3. Section 93.405 is amended as follows.

[[Page 67623]]

    a. In paragraph (a)(1), by removing the word ``and'' at the end of 
the paragraph.
    b. By revising paragraph (a)(2).
    c. By adding a new paragraph (a)(3).


Sec. 93.405  Certificates for ruminants.

    (a) * * *
    (2) That the ruminants are not in quarantine in the region of 
origin; and
    (3) If the ruminants are from Angola, Argentina, Bahrain, 
Bangladesh, Benin, Bolivia, Botswana, Brazil, Brunei, Burkina Faso, 
Burundi, Cambodia, Cameroon, Central African Republic, China, Columbia, 
Congo, Dominican Republic, Ecuador, Equatorial Guinea, French Guiana, 
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, India, 
Indonesia, Iraq, Isla de Pascua (Easter Island, part of Chile), Ivory 
Coast, Jamaica, Kenya, Kuwait, Laos, Lesotho, Liberia, Macau, Malawi, 
Malaysia, Mali, Mauritania, Mozambique, Myanmar, Namibia, Nigeria, 
Oman, Pacific Islands (Palau), Panama, Papua New Guinea, Paracel 
Islands, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi Arabia, 
Senegal, Sierra Leone, Singapore, South Africa, Spratly Islands, Sri 
Lanka, Surinam, Swaziland, Taiwan, Tanzania, Thailand, Togo, Trinidad 
and Tobago, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, 
Zaire, Zambia, Zimbabwe, or any other region of the world where 
screwworm is considered to exist, the ruminants may be imported into 
the United States only if they meet the following requirements and all 
other applicable requirements of this part:
    (i) A veterinarian must treat the ruminants with ivermectin 3 to 5 
days prior to the date of export to the United States according to the 
recommended dose prescribed on the product's label.
    (ii) The ruminants must be fully examined for screwworm by a full-
time salaried veterinary official of the exporting country within 24 
hours prior to shipment to the United States. If ruminants are found to 
be infested with screwworm, they must be treated until free from 
infestation.
    (iii) At the time ruminants are loaded onto a means of conveyance 
for export, a veterinarian must treat any visible wounds on the animals 
with a solution of coumaphos dust at a concentration of 5 percent 
active ingredient.
    (iv) The ruminants must be accompanied to the United States by a 
certificate signed by a full-time salaried veterinary official of the 
exporting country. The certificate must state that the ruminants have 
been thoroughly examined and found free of screwworm and that the 
ruminants have been treated in accordance with paragraphs (a)(3)(i) and 
(a)(3)(iii) of this section.
* * * * *

    4. Section 93.505 is amended by redesignating paragraph (b) as 
paragraph (c) and by adding a new paragraph (b) to read as follows.


Sec. 93.505  Certificate for swine.

* * * * *
    (b) Swine from Angola, Argentina, Bahrain, Bangladesh, Benin, 
Bolivia, Botswana, Brazil, Brunei, Burkina Faso, Burundi, Cambodia, 
Cameroon, Central African Republic, China, Columbia, Congo, Dominican 
Republic, Ecuador, Equatorial Guinea, French Guiana, Gabon, Gambia, 
Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iraq, 
Isla de Pascua (Easter Island, part of Chile), Ivory Coast, Jamaica, 
Kenya, Kuwait, Laos, Lesotho, Liberia, Macau, Malawi, Malaysia, Mali, 
Mauritania, Mozambique, Myanmar, Namibia, Nigeria, Oman, Pacific 
Islands (Palau), Panama, Papua New Guinea, Paracel Islands, Paraguay, 
Peru, Philippines, Qatar, Rwanda, Saudi Arabia, Senegal, Sierra Leone, 
Singapore, South Africa, Spratly Islands, Sri Lanka, Surinam, 
Swaziland, Taiwan, Tanzania, Thailand, Togo, Trinidad and Tobago, 
Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, Zaire, 
Zambia, Zimbabwe, or any other region of the world where screwworm is 
considered to exist may only be imported into the United States if they 
meet the following requirements and all other applicable requirements 
of this part:
    (1) A veterinarian must treat the swine with ivermectin 3 to 5 days 
prior to the date of export to the United States according to the 
recommended dose prescribed on the product's label.
    (2) The swine must be fully examined for screwworm by a full-time 
salaried veterinary official of the exporting country within 24 hours 
prior to shipment to the United States. If swine are found to be 
infested with screwworm, they must be treated until free from 
infestation.
    (3) At the time swine are loaded onto a means of conveyance for 
export, a veterinarian must treat any visible wounds on the animals 
with a solution of coumaphos dust at a concentration of 5 percent 
active ingredient.
    (4) The swine must be accompanied to the United States by a 
certificate signed by a full-time salaried veterinary official of the 
exporting country. The certificate must state that the swine have been 
thoroughly examined and found free of screwworm and that the swine have 
been treated in accordance with paragraphs (b)(1) and (b)(3) of this 
section.
* * * * *

    5. Section 93.600 is revised to read as follows:


Sec. 93.600  Importation of dogs.

    (a) All dogs. Dogs from Angola, Argentina, Bahrain, Bangladesh, 
Benin, Bolivia, Botswana, Brazil, Brunei, Burkina Faso, Burundi, 
Cambodia, Cameroon, Central African Republic, China, Columbia, Congo, 
Dominican Republic, Ecuador, Equatorial Guinea, French Guiana, Gabon, 
Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, 
Iraq, Isla de Pascua (Easter Island, part of Chile), Ivory Coast, 
Jamaica, Kenya, Kuwait, Laos, Lesotho, Liberia, Macau, Malawi, 
Malaysia, Mali, Mauritania, Mozambique, Myanmar, Namibia, Nigeria, 
Oman, Pacific Islands (Palau), Panama, Papua New Guinea, Paracel 
Islands, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi Arabia, 
Senegal, Sierra Leone, Singapore, South Africa, Spratly Islands, Sri 
Lanka, Surinam, Swaziland, Taiwan, Tanzania, Thailand, Togo, Trinidad 
and Tobago, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, 
Zaire, Zambia, Zimbabwe, or any other region of the world where 
screwworm is considered to exist may only be imported into the United 
States if they meet the following requirements and all other applicable 
requirements of this part:
    (1) Dogs must be accompanied by a certificate signed by a full-time 
salaried veterinary official of the region of origin stating that the 
dog has been inspected for screwworm within 5 days preceding its 
shipment to the United States.
    (2) The certificate must state that the dog is either free from 
screwworm or was found to be infested with screwworm and was held in 
quarantine and treated until free from screwworm prior to leaving the 
region of origin.
    (b) Dogs for handling livestock. Collie, Shepherd, and other dogs 
that are imported from any part of the world except Canada, Mexico, and 
regions of Central America and the West Indies and that are to be used 
in the handling of sheep or other livestock must be inspected and 
quarantined at the port of entry for a sufficient time to determine 
their freedom from tapeworm (Taenia spp.). If found to be infested with 
tapeworm, dogs must be treated under the supervision of an inspector at 
the port of entry until they are free from infestation.


[[Page 67624]]


    Done in Washington, DC, this 3rd day of November 2000 .
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-28974 Filed 11-9-00; 8:45 am]
BILLING CODE 3410-34-U