[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23468]
[[Page Unknown]]
[Federal Register: September 22, 1994]
VOL. 59, NO. 183
Thursday, September 22, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 93-096-2]
Horses From Mexico; 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 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]
BILLING CODE 3410-34-P