[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Rules and Regulations]
[Pages 14239-14240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7838]



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


DEPARTMENT OF AGRICULTURE
9 CFR Part 92

[Docket No. 95-052-2]


Horses From Bermuda and the British Virgin Islands; Quarantine 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending 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. 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.

EFFECTIVE DATE: May 1, 1996.

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, or e-mail: [email protected].

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

[[Page 14240]]
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 the 
disease. Seven days is considered the length of time necessary to 
ensure that any clinical signs of VEE manifest themselves.
    On October 23, 1995, we published in the Federal Register (60 FR 
54315-54316, Docket No. 95-052-1) a proposal 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 also proposed 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.
    We solicited comments concerning our proposal for 60 days ending 
December 22, 1995. We did not receive any comments. The facts presented 
in the proposed rule still provide the basis for this final rule.
    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. Executive Order 12866 and Regulatory Flexibility Act
    This 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 rule will 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.
    There is a negligible risk of horses from Bermuda and the British 
Virgin Islands introducing VEE into the United States because no cases 
of VEE have ever been reported in Bermuda and the British Virgin 
Islands, and, 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. In addition, we do not expect 
that this action will 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 per 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 Sates, and then only for temporary stays for exhibitions and 
racing. Under these circumstances, the imported horses will have no 
impact on market prices.
    The only parties that will 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. After the effective date of this 
final rule, horses from Bermuda and the British Virgin Islands will 
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 will 
not have a significant economic impact on a substantial number of small 
entities.

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 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 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 2.22, 2.80, 371.2(d).

    2. In Sec. 92.308, paragraph (a)(1) is 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 26th day of March 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-7838 Filed 3-29-96; 8:45 am]
BILLING CODE 3410-34-P