[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5127-5128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1976]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 93-096-3]


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 over a year, and we have determined that 
horses imported from Mexico without a 7-day quarantine will not pose a 
risk of transmitting VEE to horses in the United States.

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT:
Dr. Joyce Bowling, Staff Veterinarian, Import-Export Animals Staff, 
National Center for Import-Export, Veterinary Services, APHIS, USDA, 
P.O. Drawer 810, Riverdale, MD 20783. The telephone number for the 
agency contact will change when agency offices in Hyattsville, MD, move 
to Riverdale, MD, during February. Telephone: (301) 436-8170 
(Hyattsville); (301) 734-8170 (Riverdale).

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 September 22, 1994, we published in the Federal Register (59 FR 
48576-48577, Docket No. 93-096-2) 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.
    We also proposed 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.
    We solicited comments concerning the proposed rule for 60 days 
ending November 21, 1994. The one comment we received by that date 
supported the rule as written.
    Therefore, based on the rationale set forth in the proposed rule, 
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 to be imported for immediate slaughter, must still be quarantined 
at a designated port until they (1) test negative to an official test 
for dourine, glanders, equine piroplasmosis, 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 be quarantined until they are inspected and found free from 
communicable disease and fever-tick infestation.

Effective Date

    This is a substantive rule that removes 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 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 5 U.S.C. 604, we have performed a Final 
Regulatory Flexibility Analysis regarding the impact of this rule on 
small entities.
    This rule removes the requirement that horses imported from Mexico 
be quarantined for 7 days at vector-proof quarantine facilities. No 
issues were raised by public comments in response to the Initial 
Regulatory Flexibility Analysis we published in our proposal, and we 
identified no significant alternatives to this rule.
    Compared with the 5-month period from October 1992 through February 
1993 (before the 7-day quarantine requirement was established), there 
was a significant decline in the number of horses imported from Mexico 
during the period from October 1993 through February 1994 (following 
establishment of the 7-day quarantine requirement). 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 are rendered 
for 2 hours during each day of quarantine, and assuming an average 
quarantine period of 3 days prior to establishment of the 7-day 
quarantine, the reduction in user fee costs from the lifting of the 
restrictions due to VEE will be about $400 per shipment ($700 minus 
$300). For an average shipment of 40 horses, the savings in fees will 
be about $10 per head.
    Other quarantine costs, such as for feed and handling, can also be 
expected to decrease by more than one-half once the 7-day quarantine is 
no longer required. Whereas quarantine costs prior to establishment of 
the 7-day quarantine averaged about $3 per head per day, we estimate 
that during the period following establishment of the 7-day quarantine 
period, these charges increased to between $5 and $10 per day, due to 
additional precautionary measures. Again assuming a 3-day 
[[Page 5128]] quarantine period prior to establishment of the 7-day 
quarantine, the savings in charges by removing the 7-day quarantine 
requirement will 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 will reduce 
importers' costs by an estimated $36 to $71 per head. Based on the 
average 1993 price of approximately $310 per head for horses imported 
from Mexico, these reduced costs will represent a savings of between 11 
and 23 percent of the value of each horse.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, 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 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 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 2.17, 2.51, 371.2(d).


Sec. 92.308  [Amended]

    2. In Sec. 92.308, paragraph (a)(1) is 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 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. 92.326  [Amended]

    4. In Sec. 92.326, the first sentence is 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 20th day of January 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-1976 Filed 1-25-95; 8:45 am]
BILLING CODE 3410-34-P-M