[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Rules and Regulations]
[Pages 3638-3640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1775]
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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
[[Page 3639]]
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'
[[Page 3640]]
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]
BILLING CODE 3410-34-P
