[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Rules and Regulations]
[Pages 3638-3640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1775]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 96-052-3]


Horses from Mexico; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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. This action is 
warranted because Mexico has reported no cases of Venezuelan equine 
encephalomyelitis (VEE) in more than a year, and we have determined 
that horses imported into the United States from Mexico without a 7-day 
quarantine will not pose a risk of transmitting VEE to horses in the 
United States.

EFFECTIVE DATE: February 10, 1998.

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 93 (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 August 8, 1997, we published in the Federal Register (62 FR 
42705-42707, Docket No. 96-052-2) a proposal to amend the regulations 
to remove the requirement that horses imported into the United States 
from Mexico be quarantined for not less than 7 days in a vector-free 
facility. With this change, horses imported into the United States from 
Mexico would only need to be quarantined for an average of 3 to 4 days.
    We also proposed to remove the requirement 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.
    At the time that we published our proposal, the requirements for 
horses imported into the United States from Mexico were in regulations 
designated as 9 CFR part 92. As a result of a final rule published in 
the Federal Register on October 28, 1997 (62 FR 56000-56026, Docket No. 
94-106-9), and effective on November 28, 1997, the regulations for 
importing animals have been redesignated as 9 CFR part 93.
    We solicited comments concerning the proposed rule for 60 days 
ending October 7, 1997. We received 4 comments by that date. They were 
from representatives of industry. Two of the commenters supported the 
proposed rule. The remaining commenters had concerns about the proposed 
rule. Those concerns are discussed below.
    One commenter felt that a year of disease-free status is not long 
enough to ensure that Mexico is free from VEE. Accordingly, the 
commenter suggested that we retain the 7-day quarantine for horses 
entering the United States from Mexico.
    The standing policy of Veterinary Services, APHIS, is to propose to 
reduce the quarantine required for horses from a region when that 
region's last confirmed case of VEE occurred at least 1 year ago. This 
policy was implemented during the last outbreak of VEE in the State of 
Chiapas, Mexico, in 1993. One year of disease free status provides us 
with confidence that the outbreak is under control, that the disease is 
not spreading, and that the region has implemented effective measures 
to contain the disease. At this time, the last confirmed case of VEE in 
Mexico was reported almost 18 months ago, and there appears to be no 
reason to continue requiring the 7-day quarantine for horses entering 
the United States from Mexico. Therefore, we are making no changes to 
the proposed rule in response to this comment.
    Both commenters expressing concerns maintained that Mexico has less 
stringent criteria than the United States regarding the movement of 
horses into and out of the country and noted that, because the United 
States is expected to abide by the European Union's strict

[[Page 3639]]

criteria regarding the transportation of horses, removing the 7-day 
quarantine for horses from Mexico may negatively affect the disease-
free status of the United States. Accordingly, both commenters asked 
that before the removal of the 7-day quarantine, the Government of 
Mexico establish specific guidelines for identifying, isolating, and 
tracking the location and progress of infectious diseases such as VEE.
    As with U.S. regulations, Mexico's VEE requirements for horses 
moving into Mexico depend on the horses' region of origin. For example, 
Mexico has no restrictions concerning testing for VEE of horses from 
Europe because the disease does not occur, and never has been reported, 
in Europe. For horses from regions where VEE has occurred, but where 
the disease may not be routinely reported, Mexico requires 
certification that VEE has not been reported within a radius of 200 
kilometers of the horses' premises of origin, and that the horses to be 
imported into Mexico test negative for VEE. In addition, Mexico 
prohibits the importation of horses from regions, such as the country 
of Venezuela, where cases of VEE are frequently reported. The 1996 VEE 
outbreak in Mexico resulted from a local strain of VEE, not a VEE 
strain that was inadvertently imported into the country.
    Regarding Mexico's restrictions on horses moving from Mexico to 
another country, Mexico's handling of horses for export is dependent on 
the requirements imposed by the country of destination. Mexico does not 
determine these requirements. If Mexico wants to export its horses to a 
certain country, Mexico must comply with that country's requirements.
    Further, Mexico responded to the 1996 outbreak, which occurred in 
the southern State of Oaxaca, by (1) Immediately restricting the 
movement of all horses from that State, (2) intensively vaccinating all 
horses in the area of the outbreak, (3) vaccinating horses in the 
neighboring States of Chiapas, Veracruz, and Guerrero, and (4) in 
collaboration with the Department of Public Health, fumigating against 
mosquitos, which are vectors for VEE. These actions prevented any 
further spread of the disease, as evidenced by no further detections of 
VEE cases in Mexico for the past 18 months.
    In light of Mexico's import and export procedures, and the 
country's active control and eradication activities when outbreaks of 
VEE have occurred, we do not believe that reducing the minimum 
quarantine period for horses from Mexico will negatively affect the 
disease status of the United States, and we do not believe that it is 
necessary to establish specific guidelines on Mexico for identifying, 
isolating, or tracking VEE. Therefore, we are making no changes to the 
proposed rule in response to these comments.
    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.
    Although a 7-day quarantine will no longer be required, horses from 
Mexico intended for importation into the United States, except those 
imported for immediate slaughter, must continue to be quarantined at a 
designated port until they (1) test negative to an official test for 
dourine, glanders, equine pirplasmosis, and equine infectious anemia; 
and (2) test negative to any other tests that may be required by APHIS. 
Additionally, all horses intended for importation from Mexico must 
continue to be quarantined until they are inspected and found free from 
communicable disease and fever-tick infestation. On average, these 
tests and inspections take 3 to 4 days.
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 removes the requirement that horses imported from Mexico 
be quarantined for 7 days at vector-proof quarantine facilities. This 
requirement is no longer necessary, due to the elimination of VEE in 
Mexico. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 15 
days after the date of publication in the Federal Register.
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 amending 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. This action is warranted because 
Mexico has reported no cases of VEE in the past year, and horses 
imported into the United States from Mexico without a 7-day quarantine 
will not pose a risk of transmitting VEE to horses in the United 
States. Horses imported from Mexico will 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 the 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 were held in a vector-
proof quarantine facility for 7 days prior to entering the United 
States. Because Mexico has been determined to be free of VEE, this rule 
eliminates 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 will 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 3 or 
4 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 7-day 
quarantine, or $35 to $250 per animal imported. Quarantine charges at 
the other facilities, which are not vector-proof, that will again be 
eligible to quarantine horses intended for importation into the United 
States average $3.00 per head per day. A 4-day quarantine will 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 may still draw some importers to those 
facilities. At fiscal year 1996 import levels, the elimination of the 
VEE quarantine will decrease the quarantine costs of domestic importers 
by between $169,257 and $1.75 million annually.
    In addition, the removal of the VEE restriction will eliminate the 
need for daily visits during the quarantine period to the quarantine 
facility by APHIS'

[[Page 3640]]

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 will 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 will 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 will 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 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

    This 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 93

    Animal disease, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 93 is amended 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 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 2.22, 2.80, and 371.2(d).


Sec. 93.308  [Amended]

    2. In Sec. 93.308, paragraph (a)(1) is amended by removing the 
reference to ``Sec. 93.317'' and adding in its place the reference to 
``Secs. 93.317 and 93.324''.


Sec. 93.324  [Amended]

    3. Section 93.324 is 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. 93.326  [Amended]

    4. In Sec. 93.326, the first sentence is amended by removing the 
words ``93.323, and 93.324'' and adding in their place the words ``and 
93.323''.
    Done in Washington, DC, this 20th day of January 1998.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-1775 Filed 1-23-98; 8:45 am]
BILLING CODE 3410-34-P