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[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32117-32119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15749]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 71

[Docket No. 97-099-2]

EIA; Handling Reactors at Livestock Markets

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations pertaining to livestock 
facilities under State or Federal veterinary supervision to require 
that any livestock facility accepting horses classified as reactors to 
equine infectious anemia must quarantine these animals at all times at 
least 200 yards from all equines that are not reactors to this disease. 
Currently, livestock facilities accepting reactors to equine infectious 
anemia are required to quarantine the reactors that will remain at the 
facility for longer than 24 hours at least 200 yards away from all 
other animals. This rule will help to prevent the interstate spread of 
equine infectious anemia, a contagious, vector-borne disease affecting 
equines.

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. Tim Cordes, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-3279.

[[Page 32118]]

SUPPLEMENTARY INFORMATION:

Background

    The regulations in subchapter C, ``Interstate Transportation of 
Animals (Including Poultry) and Animal Products,'' of chapter I, title 
9, of the Code of Federal Regulations contain provisions designed by 
the Animal and Plant Health Inspection Service (APHIS) to prevent the 
dissemination of animal diseases in the United States. Part 71 of 
subchapter C includes general provisions. Section 71.20 pertains to 
APHIS approval of livestock facilities, which include stockyards, 
livestock markets, buying stations, concentration points, or any other 
premises under State or Federal veterinary supervision where livestock 
are assembled. Section 71.20(a) includes an agreement that livestock 
facilities must execute to obtain APHIS approval. According to the 
agreement, any approved livestock facility that elects to accept horses 
that are reactors to equine infectious anemia (EIA) must place EIA 
reactors in a quarantine pen at least 200 yards from any non-EIA-
reactor horses and other animals, unless the EIA reactors will be 
moving out of the facility within 24 hours of arrival. (According to 
the definitions in Sec. 71.1, ``horses'' includes ``horses, asses, 
mules, ponies, and zebras.'' Throughout this document, the same 
definition applies.)
    EIA is a contagious, potentially fatal disease affecting horses 
that is spread by infected blood coming into contact with the blood in 
a healthy animal. Therefore, humans can spread EIA from horse to horse 
through unsafe vaccination or blood-testing practices; naturally, the 
disease is spread by insect vectors. Although, theoretically, EIA could 
be spread by any type of blood-consuming insect, such as mosquitoes and 
deer flies, the disease is generally spread by large horse flies. EIA 
spreads when a blood-consuming insect is interrupted during a feeding 
on an infected animal and then resumes feeding on an uninfected animal 
while the infected blood is still on the insect's mouthparts. While 
mosquitoes have finely structured mouthparts that directly penetrate 
small blood vessels, the mouthparts of horse flies and deer flies 
include scissorlike blades that cut and slash the horse's skin leaving 
relatively large amounts of blood on the mouthparts. Research has shown 
that deer flies and smaller species of horse flies are not as easily 
disrupted from their bloodmeals on horses as are large horse flies. The 
large flies cause painful bites that trigger a physiological response 
from the horse. If disrupted by the horse while feeding, the horse fly 
may then move to another horse to complete the bloodmeal.1
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    \1\ Information regarding research on EIA transmission may be 
obtained by contacting the person listed under FOR FURTHER 
INFORMATION CONTACT.
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    Regulations pertaining to the interstate movement of animals 
affected with EIA are located in 9 CFR part 75. According to these 
regulations, EIA reactors may be moved interstate only for immediate 
slaughter, to a diagnostic or research facility, to the animal's home 
farm, or to an approved stockyard for sale for immediate slaughter. 
Approximately 1,500 horses in the United States test positive for EIA 
each year. Currently, an estimated 40 percent of these animals move 
through livestock markets on their way to slaughter.
    On January 27, 1998, we published in the Federal Register (63 FR 
3849-3851, Docket No. 97-099-1) a proposal to amend the regulations at 
Sec. 71.20(a). Because EIA is transmitted by horse flies that feed on 
the blood of horses, allowing healthy horses to come into close contact 
with EIA reactors for any length of time could allow for infection of 
the healthy horses. Therefore, we proposed to remove the exemption from 
the quarantine requirement for EIA reactors that will be in an approved 
livestock facility for fewer than 24 hours. We also proposed to remove 
the requirement that EIA reactors be quarantined at least 200 yards 
away from nonequine animals because we no longer believe this 
requirement is necessary to prevent EIA transmission.
    We solicited comments concerning our proposal for 60 days ending 
March 30, 1998. We received six comments by that date. They were from 
representatives of State departments of agriculture, organizations 
representing the veterinary profession, an equine industry association, 
and an organization that represents livestock auction markets and 
livestock dealers. Five of the comments supported the proposed rule as 
written. These commenters generally stated that the proposed rule would 
help to prevent the interstate spread of EIA and that APHIS should 
implement the proposed rule to help protect healthy horses from this 
disease. The concerns expressed by the one commenter not in favor of 
the proposed rule are discussed below.
    The commenter stated that perhaps effective alternatives to the 
200-yard separation requirement exist that were not considered by 
APHIS. The commenter raised questions about other control measures, 
such as using covered facilities to separate reactors and nonreactors, 
reducing the 200-yard separation requirement for horses not showing 
clinical signs of EIA, and using insecticide sprays to control the 
vector that transmits EIA. The commenter requested that the proposed 
rule be substantially altered or withdrawn for further consideration 
``because much more information is needed on effective, practical 
control measures in the movement of EIA reactors through livestock 
markets.''
    We disagree that such information is lacking. Separating EIA 
reactors from healthy horses by a distance of 200 yards is a 
scientifically proven and time-tested method of preventing EIA 
transmission by insect vector. This prevention measure is absolute; 
covered facilities and pesticides are only partial control measures. In 
regard to the suggestion to reduce the 200-yard separation requirement 
for horses not showing clinical signs of EIA, horses that are 
asymptomatic reactors are capable of spreading the disease.
    The commenter also expressed concerns regarding two economic 
issues. The first was that markets with extremely limited land area 
will not be able to meet the 200-yard separation requirement and that 
this situation could have two effects: The number of livestock markets 
available to owners of EIA reactors would be limited, and livestock 
markets that cannot comply with the rule and that are near slaughter 
facilities will lose trade in EIA reactors to the slaughter facilities. 
The second concern was that this rule would give an unfair economic 
advantage to entities that compete with livestock markets because this 
rule would apply only to livestock markets and not other types of 
related businesses, such as independent buying stations.
    In regard to the first concern, we believe that there are few 
livestock facilities that cannot comply with this rule because of a 
lack of adequate land area. Further, the effect of this rule on all 
livestock markets will be minimal. The number of EIA reactors moving 
through livestock markets annually is extremely small compared to the 
number of healthy horses and all other livestock combined that move 
through these markets. During the last decade, an average of 1,500 EIA 
reactors have been identified annually. We estimate that fewer than 
half of these animals are sent to slaughter. The business derived from 
the sale of EIA reactors to livestock markets is an extremely small 
percentage of the total business derived from the sale of all other 
U.S. livestock to these facilities.
    In regard to the issue of this rule not applying to entities that 
compete with livestock markets, APHIS does not

[[Page 32119]]

regulate intrastate movement of horses unless an extraordinary 
emergency is declared. Therefore, EIA reactors sold intrastate are 
normally outside of our jurisdiction. However, any facility that deals 
in EIA reactors sold interstate must be approved by APHIS and abide by 
this rule.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule without change.

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.
    The regulations in 9 CFR part 71 require that any horses classified 
as EIA reactors and accepted by a facility for sale are to be placed in 
quarantine pens at least 200 yards from all non-EIA-reactor horses or 
other animals, unless moving out of the facility within 24 hours of 
arrival. This rule removes the ``less-than-24-hours'' exemption: 
Quarantine will be required regardless of the length of time between an 
EIA reactor's arrival and departure from a facility. This rule also 
amends the regulations by requiring that EIA reactors be quarantined at 
least 200 yards away from all horses that are not reactors, rather than 
at least 200 yards away from all other animals.
    Facilities that buy and sell horses are included in the Small 
Business Administration's SIC (Standard Industrial Classification) 
category ``Livestock Services, Except Veterinary.'' Firms in this 
category with annual receipts of less than $5 million are considered 
small entities. It is likely that most, if not all, of the 
approximately 200 facilities that buy and sell horses are ``small'' 
under this definition.
    Most facilities that buy and sell horses already have quarantine 
pens, in accordance with current regulations. The estimated 20 percent 
that do not have quarantine pens could build or modify existing pens 
for quarantine use at a relatively minor cost: APHIS estimates that, at 
most, construction of a quarantine pen would cost about $1,000.
    However, costs of quarantine pen construction are not attributable 
to this rule because quarantine, per se, is not a new requirement. Only 
those facilities that accept EIA reactors and that in the past have 
always moved all EIA reactors within 24 hours of arrival would need to 
construct or modify pens for quarantine purposes as a consequence of 
this rule. As no facility can always be certain of movement of EIA 
reactors within 24 hours, no costs should be incurred strictly because 
of this rule. Moreover, by requiring all EIA reactors at approved 
livestock facilities to be quarantined, the horse industry in general 
will benefit from a further reduction in the risk of EIA transmission.
    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 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

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 in conflict 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 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

    Accordingly, 9 CFR part 71 is amended as follows:

PART 71--GENERAL PROVISIONS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, 
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 71.20  [Amended]

    2. In Sec. 71.20, paragraph (a), in the sample agreement, paragraph 
(16)(ii) is amended by removing the words ``or other animals, unless 
moving out of the facility within 24 hours of arrival.''

    Done in Washington, DC, this 9th day of June 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-15749 Filed 6-11-98; 8:45 am]
BILLING CODE 3410-34-P
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