Horses From Mexico; Quarantine Requirements

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 93-096-3]

Horses From Mexico; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

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 over a year, and we have determined that

horses imported from Mexico without a 7-day quarantine will not pose a

risk of transmitting VEE to horses in the United States.

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Dr. Joyce Bowling, Staff Veterinarian, Import-Export Animals Staff,

National Center for Import-Export, Veterinary Services, APHIS, USDA,

P.O. Drawer 810, Riverdale, MD 20783. The telephone number for the

agency contact will change when agency offices in Hyattsville, MD, move

to Riverdale, MD, during February. Telephone: (301) 436-8170

(Hyattsville); (301) 734-8170 (Riverdale).

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 September 22, 1994, we published in the Federal Register (59 FR

48576-48577, Docket No. 93-096-2) 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.

We also proposed 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.

We solicited comments concerning the proposed rule for 60 days

ending November 21, 1994. The one comment we received by that date

supported the rule as written.

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. Although a 7-day quarantine will no longer be required, horses

from Mexico intended for importation into the United States, except

those to be imported for immediate slaughter, must still be quarantined

at a designated port until they (1) test negative to an official test

for dourine, glanders, equine piroplasmosis, 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 be quarantined until they are inspected and found free from

communicable disease and fever-tick infestation.

Effective Date

This is a substantive rule that removes 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 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 5 U.S.C. 604, we have performed a Final

Regulatory Flexibility Analysis regarding the impact of this rule on

small entities.

This rule removes the requirement that horses imported from Mexico

be quarantined for 7 days at vector-proof quarantine facilities. No

issues were raised by public comments in response to the Initial

Regulatory Flexibility Analysis we published in our proposal, and we

identified no significant alternatives to this rule.

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

1993 (before the 7-day quarantine requirement was established), there

was a significant decline in the number of horses imported from Mexico

during the period from October 1993 through February 1994 (following

establishment of the 7-day quarantine requirement). 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 are rendered

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

quarantine period of 3 days prior to establishment of the 7-day

quarantine, the reduction in user fee costs from the lifting of the

restrictions due to VEE will be about $400 per shipment ($700 minus

$300). For an average shipment of 40 horses, the savings in fees will

be about $10 per head.

Other quarantine costs, such as for feed and handling, can also be

expected to decrease by more than one-half once the 7-day quarantine is

no longer required. Whereas quarantine costs prior to establishment of

the 7-day quarantine averaged about $3 per head per day, we estimate

that during the period following establishment of the 7-day quarantine

period, these charges increased to between $5 and $10 per day, due to

additional precautionary measures. Again assuming a 3-day

[[Page 5128]] quarantine period prior to establishment of the 7-day

quarantine, the savings in charges by removing the 7-day quarantine

requirement will 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 will reduce

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

average 1993 price of approximately $310 per head for horses imported

from Mexico, these reduced costs will represent a savings of between 11

and 23 percent of the value of each horse.

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 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 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, 371.2(d).

Sec. 92.308 [Amended]

2. In Sec. 92.308, paragraph (a)(1) is 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 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. 92.326 [Amended]

4. In Sec. 92.326, the first sentence is 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 20th day of January 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-1976 Filed 1-25-95; 8:45 am]

BILLING CODE 3410-34-P-M