[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Rules and Regulations]
[Pages 9611-9612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4176]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 92

[Docket No. 94-097-2]


Horses From Spain; Change in Disease Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations concerning the importation of 
horses to remove Spain from the list of countries in which African 
horse sickness exists. We have determined 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.

EFFECTIVE DATE: March 8, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian, 
Animal and Plant Health Inspection Service, Veterinary Services, 
Import/Export Products, 4700 River Road Unit 40, Riverdale, MD 20737-
1231; (301) 734-7834.

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. [[Page 9612]] 
    On October 31, 1994, we published in the Federal Register (59 FR 
54398-54399, Docket No. 94-097-1) a proposal to amend the regulations 
by removing Spain from the list of countries in Sec. 92.308(a)(2), 
which APHIS considers affected with AHS.
    We solicited comments concerning our proposal for 60 days ending 
December 30, 1994. We did not receive any comments. The facts presented 
in the proposed rule still provide the basis for this final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal 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 relieves 
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 rule allows horses from Spain to be shipped to and quarantined at 
ports designated in Sec. 92.303, and reduces the quarantine period to 
an average of three days to meet the quarantine and testing 
requirements specified in Sec. 92.308. Therefore, the Administrator of 
the Animal and Plant Health Inspection Service 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 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.
    This rule amends the regulations in part 92 by removing Spain from 
the list of countries that APHIS considers affected with AHS. This 
action relieves unnecessary restrictions on the importation of horses 
from Spain. The primary impact of this rule 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 rule will allow horses from Spain to be shipped to and quarantined 
at ports designated in Sec. 92.303, and will 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 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 
``Spain,''.
    Done in Washington, DC, this 14th day of February 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-4176 Filed 2-17-95; 8:45 am]
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