Horses From Mexico; Quarantine Requirements

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 this action is warranted because Mexico has reported no cases

of Venezuelan equine encephalomyelitis (VEE) in over a year, and it

appears that horses imported 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 November 21, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 93-096-2. 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. Joyce Bowling, Staff Veterinarian,

Import-Export Animals Staff, National Center for Import and Export,

Veterinary Services, APHIS, USDA, room 764, Federal Building, 6505

Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

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 August 27, 1993, we published an interim rule in the Federal

Register (58 FR 45236-45238, Docket No. 93-096-1) 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 intended for importation 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, that 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 that are not otherwise affected 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. 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

the removal of this requirement is warranted because Mexico appears to

be free of VEE.

The last case of VEE in Mexico was reported in July 1993. Following

the initial outbreak of VEE in the Mexican State of Chiapas in June

1993, 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 disease was known to exist; vaccination 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 affected 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 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.

The rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

In accordance with the Regulatory Flexibility Act, we have prepared

an Initial Regulatory Flexibility Analysis regarding the impact of this

proposed rule on small entities. We do not currently have all the data

necessary for a comprehensive analysis of the effects of this rule on

small entities. Therefore, we are inviting comments concerning

potential impacts. In particular, we are interested in determining the

number and kind of small entities that may incur benefits or costs from

implementation of this proposed rule.

In accordance with 21 U.S.C. 111, the Secretary of Agriculture is

authorized to promulgate regulations to prevent the introduction or

dissemination of any contagious, infectious, or communicable disease of

animals from a foreign country into the United States. In accordance

with 21 U.S.C. 102, the Secretary of Agriculture is authorized to

quarantine livestock imported into the United States.

This proposed rule would remove the requirement that horses

imported from Mexico be quarantined for 7 days at vector-proof

quarantine facilities. We believe this action is warranted because it

appears that Mexico is free of Venezuelan equine encephalomyelitis

(VEE), and that horses imported from Mexico without a 7-day quarantine

would not pose a risk of transmitting VEE to horses in the United

States.

Compared with the 5-month period from October 1992 through February

1993 (pre-interim rule), there was a significant decline in the number

of horses imported from Mexico during the period from October 1993

through February 1994 (following publication of the interim rule).

During the 1992/1993 5-month period, there were 3,772 horses imported

from Mexico, compared with only 125 during the 1993/1994 5-month

period. It is reasonable to assume that the additional costs associated

with the quarantine were at least partially responsible for the

reduction in the number of horses imported during the 1993/1994 period.

There is a $50 hourly fee for inspection services conducted in

Mexico by APHIS veterinary medical officers (in addition to an APHIS

per horse charge of $28.50). Assuming that APHIS services would be

rendered for 2 hours during each day of quarantine, and assuming an

average quarantine period of 3 days prior to the VEE interim rule and 7

days following the interim rule, the reduction in user fee costs from

the lifting of the restrictions due to VEE would be about $400 per

shipment ($700 minus $300). For an average shipment of 40 horses, the

savings in fees would be about $10 per head.

Other quarantine costs, such as for feed and handling, could also

be expected to decrease by more than one-half if the 7-day quarantine

is no longer required. Whereas quarantine costs prior to the interim

rule averaged about $3 per head per day, we estimate that during the

period following the interim rule, these charges increased to between

$5 and $10 per day, due to additional precautionary measures. Again

assuming a 3-day pre-interim rule quarantine, the savings in charges by

removing the 7-day quarantine requirement would be between $26 and $61

per head ($35 minus $9, and $70 minus $9).

With the combined savings of reduced user fees and other quarantine

charges, the removal of the VEE quarantine requirements would reduce

importers' costs by an estimated $36 to $71 per head. Based on the

average 1992 price of $310 per head for horses imported from Mexico,

these reduced costs would represent a savings of between 11 and 23

percent of the value of each horse.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

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.

Paperwork Reduction Act

This document 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 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 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 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 2.17, 2.51, 371.2(d).

Sec. 92.308 [Amended]

2. In Sec. 92.308, paragraph (a)(1) would be amended by removing

the reference ``Sec. 92.317'' and adding in its place the reference

``Secs. 92.317 and 92.324''.

Sec. 92.324 [Amended]

3. In Sec. 92.324, the first sentence 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 reference ``92.323, and 92.324'' and adding in its place the

reference ``and 92.323''.

Done in Washington, DC, this 15th day of September 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-23468 Filed 9-21-94; 8:45 am]

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