[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Proposed Rules]
[Pages 42705-42707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20994]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 96-052-2]


Horses From Mexico; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations regarding the 
importation of horses from Mexico to remove the requirement that such 
horses be quarantined for not less than 7 days in vector-proof 
quarantine facilities before being imported into the United States. We 
believe that this action is warranted because Mexico has reported no 
cases of Venezuelan equine encephalomyelitis (VEE) in the past year, 
and it appears that horses imported into the United States from Mexico 
without a 7-day quarantine would not pose a risk of transmitting VEE to 
horses in the United States.

DATES: Consideration will be given only to comments received on or 
before October 7, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-052-2, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-052-2. 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. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231, (301) 734-3276.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as ``the 
regulations'') govern the importation into the United States of 
specified animals and animal products, including horses from Mexico, to 
prevent the introduction into the United States of various animal 
diseases.
    On July 31, 1996, we published an interim rule in the Federal 
Register (61 FR 39852-39853, Docket No. 96-052-1) in which we required 
that horses imported into the United States from Mexico be quarantined 
for not less than 7 days in a vector-free facility. Prior to our 
interim rule, horses from Mexico were not required to be held in 
quarantine for any specified number of days, but were required, 
instead, to be quarantined only long enough to complete the testing 
required by the regulations.
    A 7-day quarantine became necessary when the government of Mexico 
reported that Venezuelan equine encephalomyelitis (VEE) had been 
detected in horses in that country. VEE is an equine viral disease, 
transmitted primarily by mosquitoes and other hematophagous (blood-
feeding) insects, particularly flying insects, and results in a high 
mortality rate in animals infected with the disease. Although tests 
exist for the presence of VEE in horses, the tests currently available 
may yield positive results for horses that have been vaccinated for VEE 
but are not otherwise infected with the disease. The most efficient 
method for initial identification of horses that may be infected with 
VEE is observation of the horses for clinical signs of the disease. The 
clinical signs most commonly exhibited by horses infected by VEE are 
marked fever, depression, and incoordination, followed by death. A 
horse will usually exhibit signs of VEE within 2-5 days after 
contracting the disease. Seven days is considered the length of time 
necessary to ensure that any clinical signs of VEE manifest themselves.
    In this document, we are proposing to remove the requirement that 
horses from Mexico be quarantined for not less than 7 days. We believe 
that the removal of this requirement is warranted because Mexico 
appears to be free of VEE. Horses imported from Mexico would still be 
required to be held in quarantine until it has been determined that the 
animals are free of exotic pests and diseases.
    The last case of VEE in Mexico was reported in July 1996. Following 
the initial outbreak of VEE in the Mexican State of Oaxaca in June 
1996, the Government of Mexico instituted emergency measures to locate, 
contain, and eradicate the disease. These emergency measures included 
the following: activation of the country's animal health emergency 
group; organization of groups such as regional livestock associations 
and State authorities; establishment of quarantines in areas in which 
the

[[Page 42706]]

disease was known to exist; vaccinations of horses in affected areas; 
traceback of horses that might have been moved from affected areas 
before quarantine measures were established; and increased surveillance 
in States surrounding the affected areas. Based on these 
considerations, the Government of Mexico has requested that the U.S. 
Department of Agriculture consider Mexico to be free of VEE.
    Based on the documentation submitted by the Government of Mexico, 
it appears that no horses in that country are infected with VEE. (This 
documentation is available, upon written request, from the person 
listed under FOR FURTHER INFORMATION CONTACT.) Therefore, we are 
proposing to amend Sec. 92.324 of the regulations to remove the 
requirement that horses intended for importation from Mexico be 
quarantined for not less than 7 days before being imported into the 
United States.
    We are also proposing to remove the requirement in Sec. 92.324 that 
horses from Mexico intended for importation into the United States 
through land border ports be quarantined in Mexico at a facility 
approved by the Administrator of the Animal and Plant Health Inspection 
Service (APHIS) and constructed so as to prevent the entry of 
mosquitoes and other hematophagous insects. This requirement was 
necessary when VEE was known to exist in horses in Mexico, but we 
believe that it is unnecessary now that Mexico appears to be free of 
VEE.

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.
    We are proposing to amend the regulations regarding the importation 
of horses from Mexico to remove the requirement that such horses be 
quarantined for not less than 7 days in vector-proof quarantine 
facilities before being imported into the United States. We believe 
that this action is warranted because Mexico has reported no cases of 
VEE in the past year, and it appears that horses imported into the 
United States from Mexico without a 7-day quarantine would not pose a 
risk of transmitting VEE to horses in the United States. Horses 
imported from Mexico would still be required to be held in quarantine 
until it has been determined that the animals are free of exotic pests 
and diseases.
    Horses enter the United States from Mexico for a variety of 
reasons, including for breeding, competition, racing, research, and 
slaughter. During fiscal year 1996, about 7,359 horses were imported 
into the United States from Mexico. In fiscal year 1995, there were 
about 15,317 horses imported from Mexico.
    Under current restrictions placed on imported Mexican horses due to 
an outbreak of VEE in that country in 1996, horses intended for 
importation into the United States from Mexico must be held in a 
vector-proof quarantine facility for seven days prior to entering the 
United States. Because Mexico has been determined to be free of VEE, 
this rule proposes to eliminate the requirement for a 7-day quarantine 
at a facility approved by the Administrator of APHIS and constructed so 
as to prevent the entry of mosquitoes and other hematophagous insects. 
Horses imported from Mexico would continue to be required to be held in 
quarantine until it has been determined that the animal is free of 
exotic pests and diseases. This quarantine period generally lasts three 
or four days, based on the turnaround time at the laboratory where 
blood tests are performed.
    Horses intended for importation into the United States from Mexico 
are quarantined in Mexican facilities operated by the Mexican 
Cattleman's Association. Different fees are assessed by the six State 
chapters which operate facilities along the United States/Mexico 
border. We estimate that the quarantine charge at vector-proof 
facilities is between $5.00 and $35.00 per head per day for the current 
7-day quarantine, or $35 to $250 per animal imported. Quarantine 
charges at the other facilities, which are not vector-proof, that would 
again be eligible to quarantine horses intended for importation into 
the United States if Mexico is recognized as free of VEE average $3.00 
per head per day. A 4-day quarantine would cost importers $12.00 per 
animal imported. Therefore, importers could potentially save between 
$23 and $238 per animal imported in quarantine charges. Of course, 
there are other amenities at some of the vector-proof facilities that 
could still draw some importers to those facilities. At fiscal year 
1996 import levels, the elimination of the VEE quarantine could 
decrease the quarantine costs of domestic importers by between $169,257 
and $1.75 million annually.
    In addition, the removal of the VEE restriction would eliminate the 
need for daily visits during the quarantine period to the quarantine 
facility by APHIS' veterinary medical officers (VMOs) and animal health 
technicians (AHTs) to conduct temperature checks of the animals to be 
imported. APHIS charges hourly user fees for inspection services 
conducted outside the United States. The published hourly fee for VMOs 
and AHTs is $56.00. The agency estimates that it takes 3 hours for 
APHIS personnel to travel to Mexican quarantine facilities and complete 
the temperature checks. The elimination of these checks would save the 
importer about $1,176 per shipment. Since slaughter horse imports from 
Mexico average about 40 head per shipment, this is a savings of about 
$29.40 per head. Other types of imported horses from Mexico average 
about two head per shipment, for a savings of $588 per head. At fiscal 
year 1996 import levels, the elimination of the user fees for horse 
inspection for VEE in Mexico would decrease the cost of importation by 
about $2.5 million annually.
    The Regulatory Flexibility Act requires that the Agency 
specifically consider the economic impact associated with rule changes 
on small entities. The Small Business Administration (SBA) has set 
forth size criteria by Standard Industrial Classification (SIC) which 
can be used as a guide in determining which economic entities meet the 
definition of a small business. The SBA's definition of a small 
business engaged in the wholesale trading of livestock is one that 
employs no more than 100 persons. Currently, there are 1,992 domestic 
entities that trade livestock wholesale. About 1,965 of these entities 
are classified as small by the SBA. The exact number of domestic 
wholesale livestock traders currently importing Mexican horses cannot 
be determined. However, entities, whether large or small, engaged in 
importing Mexican horses would be positively impacted by this rule 
change.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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.

[[Page 42707]]

Paperwork Reduction Act

    This proposed rule contains no new 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 92

    Animal disease, 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, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    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 2.22, 2.80, and 371.2(d).


Sec. 92.308  [Amended]

    2. In Sec. 92.308, paragraph (a)(1) would be amended by removing 
the reference to ``Sec. 92.317'' and adding in its place the reference 
to ``Secs. 92.317 and 92.324''.


Sec. 92.324  [Amended]

    3. Section 92.324 would be amended by removing the words ``, for 
not less than 7 days and'' and by removing the words ``approved by the 
Administrator and constructed so as to prevent the entry of mosquitoes 
and other hematophagous insects''.


Sec. 92.326  [Amended]

    4. In Sec. 92.326, the first sentence would be amended by removing 
the words ``92.323, and 92.324'' and adding in their place the words 
``and 92.323''.

    Done in Washington, DC, this 4th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-20994 Filed 8-7-97; 8:45 am]
BILLING CODE 3410-34-P