Horses From Mexico; Quarantine Requirements

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 96-052-1]

Horses From Mexico; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations regarding the importation of

horses from Mexico to require that such horses be quarantined for not

less than 7 days. We are also amending the regulations to provide that

quarantine and inspection of all horses imported into the United States

from Mexico through land border ports must be carried out in Mexico at

facilities approved by the Administrator and constructed so as to

prevent the entry of mosquitoes and other hematophagous insects. These

requirements would help ensure that horses imported into the United

States from Mexico are not infected with Venezuelan equine

encephalomyelitis and are necessary on an emergency basis to protect

horses in the United States from the disease.

DATES: Interim rule effective July 26, 1996. Consideration will be

given only to comments received on or before September 30, 1996.

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

Docket No. 96-052-1, 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. 96-052-1. 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. 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.

Under the regulations prior to the effective date of this interim

rule, horses from Mexico, except those imported for immediate

slaughter, were required to be quarantined at a designated port until

they (1) Tested negative to an official test for dourine, glanders,

equine piroplasmosis, and equine infectious anemia; (2) tested negative

to such other tests that may have been required by the Administrator of

the Animal and Plant Health Inspection Service, U.S. Department of

Agriculture; and (3) were found free from any communicable disease and

fever-tick infestation upon inspection.

Recently, the government of Mexico reported that Venezuelan equine

encephalomyelitis (VEE) has 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. Its introduction into the United States would pose a

significant health risk to horses in this country.

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 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.

The clinical signs most commonly exhibited by horses affected 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.

Prior to the effective date of this interim rule, horses intended

for importation into the United States from Mexico were not required to

be held in quarantine for any specified number of days. This was in

contrast to the 7-day quarantine period required for all other horses

intended for importation into the United States from other places in

the Western Hemisphere, except horses from Argentina, Bermuda, the

British Virgin Islands, and Canada. The 7-day quarantine period for

these other horses is necessary because VEE exists in the countries in

question, and 7 days is the length of time necessary to ensure that any

clinical signs of VEE manifest themselves. In order to ensure that

horses imported from Mexico are likewise quarantined for a sufficient

period of time, we are amending the regulations in Sec. 92.308(a)(1) to

provide that horses from Mexico must undergo the 7-day quarantine

period required of certain other horses from the Western Hemisphere.

Horses Imported for Immediate Slaughter

Prior to the effective date of this interim rule, horses could be

imported from Mexico for immediate slaughter without quarantine if they

(1) were accompanied by a health certificate and were inspected and

treated for cattle fever ticks at the port of entry; (2) were consigned

from the port of entry to a recognized slaughtering establishment where

they were slaughtered within 2 weeks from the date of entry; and (3)

were moved from the port of entry in conveyances sealed with seals of

the United States Government. These provisions were adequate to ensure

that the horses were not infected with, and did not transmit, exotic

equine diseases existing in Mexico, none of which were transmitted

through flying insects.

[[Page 39853]]

Because VEE is transmitted primarily through flying insects,

however, even horses moving to slaughter could potentially transmit the

disease via mosquitoes and other vectors. Therefore, it is necessary to

ensure that horses imported into the United States from Mexico that are

moving to slaughter are not infected with VEE. We are therefore

providing in Sec. 92.326 that, in addition to meeting the previous

requirements of that section (except as discussed below, under the

heading ``Location of Inspection and Quarantine Facilities''), horses

intended for importation into the United States from Mexico for

immediate slaughter must be quarantined for not less than 7 days.

Construction of Quarantine Facilities

Because flying insects had not been vectors of the exotic diseases

of concern of horses imported into the United States from Mexico, the

regulations did not require that the facilities used to quarantine

horses imported into the United States from Mexico through land border

ports be constructed so as to prevent the entry of these insects. As

noted above, however, VEE is transmitted primarily by flying insects,

particularly mosquitoes. If the quarantine facility were not required

to be constructed to prevent the entry of hematophagous insects, a

mosquito carrying the VEE virus could enter the facility during a

quarantine period and bite a horse scheduled for imminent release from

quarantine. The horse could then be released for entry into the United

States before it had time to develop any clinical signs of VEE. Also,

if hematophagous insects could get into the quarantine facility, and a

horse infected with VEE were in the quarantine facility, a mosquito not

previously carrying the VEE virus could enter, bite the infected horse,

and leave the facility carrying the virus. Because these facilities are

close to the U.S. border with Mexico, the mosquito could transmit the

virus to horses in the United States. Therefore, we are amending the

regulations in Sec. 92.324 to require that horses intended for

importation into the United States from Mexico through land border

ports be quarantined at a facility in Mexico constructed so as to

prevent the entry of mosquitoes and other hematophagous insects.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is necessary to help ensure that horses imported into

the United States from Mexico do not transmit VEE to horses in the

United States.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 60 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory Flexibility Act

This 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 action amends the regulations regarding the importation of

horses from Mexico because of VEE. This emergency situation makes

compliance with section 603 and timely compliance with section 604 of

the Regulatory Flexibility Act (5 U.S.C. 603 and 604) impracticable.

This rule may have a significant economic impact on a substantial

number of small entities. If we determine this is so, then we will

discuss the issues raised by section 604 of the Regulatory Flexibility

Act in our Final Regulatory Flexibility Act Analysis.

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 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 2.22, 2.80, and 371.2(d).

Sec. 92.308 [Amended]

2. In Sec. 92.308, paragraph (a)(1) is amended by removing the

words ``Secs. 92.317 and 92.324'' and adding in their place the words

``Sec. 92.317''.

Sec. 92.324 [Amended]

3. Section 92.324 is amended by removing the words ``until they

qualify from release from such quarantine, either at an APHIS facility

designated in Sec. 92.303(a) or at a facility in Mexico'' and adding in

their place the words ``, for not less than 7 days and until they

qualify for release from such quarantine, either at an APHIS facility

designated in Sec. 92.303(a) or at a facility in Mexico approved by the

Administrator and constructed so as to prevent the entry of mosquitoes

and other hematophagous insects''.

Sec. 92.326 [Amended]

5. In Sec. 92.326, the first sentence is amended by removing the

words ``and 92.323'' and adding in their place the words ``92.323, and

92.324''.

Done in Washington, DC, this 26th day of July 1996.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-19477 Filed 7-30-96; 8:45 am]

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