Horses From Bermuda and the British Virgin Islands; Quarantine Requirements

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-052-1]

Horses From Bermuda and the British Virgin Islands; Quarantine

Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations regarding the

importation of horses from Bermuda and the British Virgin Islands to

remove the requirement that such horses be quarantined for not less

than 7 days upon arrival in the United States. We believe this action

is warranted because Bermuda and the British Virgin Islands have

reported no cases of Venezuelan equine encephalomyelitis (VEE), and it

appears that horses imported from Bermuda and the British Virgin

Islands with less than 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 December 22, 1995.

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

Docket No. 95-052-1, 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. 95-052-1. 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, National Center for Import and Export, VS,

APHIS, Suite 3B08, 4700 River Road Unit 39, Riverdale, MD 20737-1231,

(301) 734-6479.

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 to prevent the introduction into the United

States of various animal diseases.

The regulations in Sec. 92.308(a)(1) now require horses imported

from all parts of the Western Hemisphere except Argentina, Canada, and

Mexico to be quarantined for not less than 7 days upon arrival in the

United States to prevent the introduction of Venezuelan equine

encephalomyelitis (VEE). 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

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the disease. Seven days is considered the length of time necessary to

ensure that any clinical signs of VEE manifest themselves.

The Governments of Bermuda and the British Virgin Islands have

requested that the U.S. Department of Agriculture consider Bermuda and

the British Virgin Islands free of VEE and exempt horses imported into

the United States from those countries from the 7-day quarantine

requirement. No cases of VEE have ever been reported in Bermuda or the

British Virgin Islands. Furthermore, based on documentation submitted

by the Governments of Bermuda and the British Virgin Islands, it

appears that no horses in these countries 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. 92.308(a)(1) of the regulations to exempt

horses from Bermuda and the British Virgin Islands from the 7-day

quarantine requirement. We are also proposing to amend

Sec. 92.308(a)(1) of the regulations to specify that the purpose of

this 7-day quarantine is to evaluate the horses for signs of VEE.

This proposal would lessen, but not eliminate, restrictions on the

importation of horses from Bermuda and the British Virgin Islands into

the United States, thus making it somewhat easier to move horses from

these countries to the United States. Horses from Bermuda and the

British Virgin Islands would still have to be quarantined at a

designated port until they test negative to an official test for

dourine, glanders, equine piroplasmosis, equine infectious anemia, and

any other tests, inspections, disinfections, and precautionary

treatments that may be required by Animal and Plant Health Inspection

Service.

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.

This proposed rule would exempt horses imported into the United

States from Bermuda and the British Virgin Islands from the requirement

for a 7-day quarantine upon arrival. This action appears unlikely to

have any significant economic impact on U.S. entities.

The United States had a total population of 2,049,522 horses in

1992. There were 338,346 farms that kept horses. Over 98 percent of

these farms had a market value of less than $500,000, making them small

entities by Small Business Administration standards.

For reasons explained in the Supplementary Information section of

this document, there is a negligible risk of horses from Bermuda and

the British Virgin Islands introducing VEE into the United States. In

addition, we do not expect that this action would result in any

increase in the small number of horses imported into the United States

from Bermuda and the British Virgin Islands. The total horse population

in Bermuda is about 1,000, and only about 10 horses a year are imported

from Bermuda into the United States. There are only 50 to 100 horses in

the British Virgin Islands, and only a few of those are expected to be

imported into the United States, and then only for temporary stays for

exhibitions and racing. Under these circumstances, the imported horses

would have no impact on market prices.

The only parties that would benefit from this reduced restriction

are the potential importers of horses from Bermuda and the British

Virgin Islands and those who use the foreign horses in exhibition and

racing. The benefit to them arises from the reduced number of days

required for quarantine. At present, horses coming from Bermuda and the

British Virgin Islands are required to be quarantined for 7 days, while

horses from countries free of VEE and certain other equine diseases are

quarantined for only about 3 days. Under this proposed rule, horses

from Bermuda and the British Virgin Islands would spend approximately 4

fewer days in quarantine, saving approximately $427 per horse.

Furthermore the reduction in the waiting period may induce more

economic activity.

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 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 proposed rule contains no 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 diseases, 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).

2. In Sec. 92.308, paragraph (a)(1) would be revised to read as

follows:

Sec. 92.308 Quarantine requirements.

(a) * * *

(1) Except as provided in Secs. 92.317 and 92.324, and except with

respect to horses from Argentina, Bermuda, and the British Virgin

Islands, horses intended for importation from the Western Hemisphere

shall be quarantined at a port designated in Sec. 92.303 for not less

than 7 days to be evaluated for signs of Venezuelan equine

encephalomyelitis.

* * * * *

Done in Washington, DC, this 11th day of October 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-26105 Filed 10-20-95; 8:45 am]

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