[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Proposed Rules]
[Pages 54315-54316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26105]



-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-052-1]


Horses From Bermuda and the British Virgin Islands; Quarantine 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the regulations regarding the 
importation of horses from Bermuda and the British Virgin Islands to 
remove the requirement that such horses be quarantined for not less 
than 7 days upon arrival in the United States. We believe this action 
is warranted because Bermuda and the British Virgin Islands have 
reported no cases of Venezuelan equine encephalomyelitis (VEE), and it 
appears that horses imported from Bermuda and the British Virgin 
Islands with less than 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 December 22, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-052-1, 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. 95-052-1. 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. Joyce Bowling, Staff Veterinarian, 
Import/Export Animals, National Center for Import and Export, VS, 
APHIS, Suite 3B08, 4700 River Road Unit 39, Riverdale, MD 20737-1231, 
(301) 734-6479.

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 to prevent the introduction into the United 
States of various animal diseases.
    The regulations in Sec. 92.308(a)(1) now require horses imported 
from all parts of the Western Hemisphere except Argentina, Canada, and 
Mexico to be quarantined for not less than 7 days upon arrival in the 
United States to prevent the introduction of Venezuelan equine 
encephalomyelitis (VEE). 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 

[[Page 54316]]
the disease. Seven days is considered the length of time necessary to 
ensure that any clinical signs of VEE manifest themselves.
    The Governments of Bermuda and the British Virgin Islands have 
requested that the U.S. Department of Agriculture consider Bermuda and 
the British Virgin Islands free of VEE and exempt horses imported into 
the United States from those countries from the 7-day quarantine 
requirement. No cases of VEE have ever been reported in Bermuda or the 
British Virgin Islands. Furthermore, based on documentation submitted 
by the Governments of Bermuda and the British Virgin Islands, it 
appears that no horses in these countries 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. 92.308(a)(1) of the regulations to exempt 
horses from Bermuda and the British Virgin Islands from the 7-day 
quarantine requirement. We are also proposing to amend 
Sec. 92.308(a)(1) of the regulations to specify that the purpose of 
this 7-day quarantine is to evaluate the horses for signs of VEE.
    This proposal would lessen, but not eliminate, restrictions on the 
importation of horses from Bermuda and the British Virgin Islands into 
the United States, thus making it somewhat easier to move horses from 
these countries to the United States. Horses from Bermuda and the 
British Virgin Islands would still have to be quarantined at a 
designated port until they test negative to an official test for 
dourine, glanders, equine piroplasmosis, equine infectious anemia, and 
any other tests, inspections, disinfections, and precautionary 
treatments that may be required by Animal and Plant Health Inspection 
Service.

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.
    This proposed rule would exempt horses imported into the United 
States from Bermuda and the British Virgin Islands from the requirement 
for a 7-day quarantine upon arrival. This action appears unlikely to 
have any significant economic impact on U.S. entities.
    The United States had a total population of 2,049,522 horses in 
1992. There were 338,346 farms that kept horses. Over 98 percent of 
these farms had a market value of less than $500,000, making them small 
entities by Small Business Administration standards.
    For reasons explained in the Supplementary Information section of 
this document, there is a negligible risk of horses from Bermuda and 
the British Virgin Islands introducing VEE into the United States. In 
addition, we do not expect that this action would result in any 
increase in the small number of horses imported into the United States 
from Bermuda and the British Virgin Islands. The total horse population 
in Bermuda is about 1,000, and only about 10 horses a year are imported 
from Bermuda into the United States. There are only 50 to 100 horses in 
the British Virgin Islands, and only a few of those are expected to be 
imported into the United States, and then only for temporary stays for 
exhibitions and racing. Under these circumstances, the imported horses 
would have no impact on market prices.
    The only parties that would benefit from this reduced restriction 
are the potential importers of horses from Bermuda and the British 
Virgin Islands and those who use the foreign horses in exhibition and 
racing. The benefit to them arises from the reduced number of days 
required for quarantine. At present, horses coming from Bermuda and the 
British Virgin Islands are required to be quarantined for 7 days, while 
horses from countries free of VEE and certain other equine diseases are 
quarantined for only about 3 days. Under this proposed rule, horses 
from Bermuda and the British Virgin Islands would spend approximately 4 
fewer days in quarantine, saving approximately $427 per horse. 
Furthermore the reduction in the waiting period may induce more 
economic activity.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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 proposed rule contains no 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 diseases, 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).

    2. In Sec. 92.308, paragraph (a)(1) would be revised to read as 
follows:


Sec. 92.308  Quarantine requirements.

    (a) * * *
    (1) Except as provided in Secs. 92.317 and 92.324, and except with 
respect to horses from Argentina, Bermuda, and the British Virgin 
Islands, horses intended for importation from the Western Hemisphere 
shall be quarantined at a port designated in Sec. 92.303 for not less 
than 7 days to be evaluated for signs of Venezuelan equine 
encephalomyelitis.
* * * * *
    Done in Washington, DC, this 11th day of October 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-26105 Filed 10-20-95; 8:45 am]
BILLING CODE 3410-34-P