Horses from Mexico; Quarantine Requirements

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

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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'

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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]

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