[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39852-39853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19477]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 96-052-1]


Horses From Mexico; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations regarding the importation of 
horses from Mexico to require that such horses be quarantined for not 
less than 7 days. We are also amending the regulations to provide that 
quarantine and inspection of all horses imported into the United States 
from Mexico through land border ports must be carried out in Mexico at 
facilities approved by the Administrator and constructed so as to 
prevent the entry of mosquitoes and other hematophagous insects. These 
requirements would help ensure that horses imported into the United 
States from Mexico are not infected with Venezuelan equine 
encephalomyelitis and are necessary on an emergency basis to protect 
horses in the United States from the disease.

DATES: Interim rule effective July 26, 1996. Consideration will be 
given only to comments received on or before September 30, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-052-1, 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. 96-052-1. 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. 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 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.
    Under the regulations prior to the effective date of this interim 
rule, horses from Mexico, except those imported for immediate 
slaughter, were required to be quarantined at a designated port until 
they (1) Tested negative to an official test for dourine, glanders, 
equine piroplasmosis, and equine infectious anemia; (2) tested negative 
to such other tests that may have been required by the Administrator of 
the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture; and (3) were found free from any communicable disease and 
fever-tick infestation upon inspection.
    Recently, the government of Mexico reported that Venezuelan equine 
encephalomyelitis (VEE) has 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, and results in a high mortality rate in animals infected with 
the disease. Its introduction into the United States would pose a 
significant health risk to horses in this country.
    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 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.
    The clinical signs most commonly exhibited by horses affected by 
VEE are marked fever, depression, and incoordination, followed by 
death. A horse will usually exhibit signs of VEE within 2-5 days after 
contracting the disease.
    Prior to the effective date of this interim rule, horses intended 
for importation into the United States from Mexico were not required to 
be held in quarantine for any specified number of days. This was in 
contrast to the 7-day quarantine period required for all other horses 
intended for importation into the United States from other places in 
the Western Hemisphere, except horses from Argentina, Bermuda, the 
British Virgin Islands, and Canada. The 7-day quarantine period for 
these other horses is necessary because VEE exists in the countries in 
question, and 7 days is the length of time necessary to ensure that any 
clinical signs of VEE manifest themselves. In order to ensure that 
horses imported from Mexico are likewise quarantined for a sufficient 
period of time, we are amending the regulations in Sec. 92.308(a)(1) to 
provide that horses from Mexico must undergo the 7-day quarantine 
period required of certain other horses from the Western Hemisphere.

Horses Imported for Immediate Slaughter

    Prior to the effective date of this interim rule, horses could be 
imported from Mexico for immediate slaughter without quarantine if they 
(1) were accompanied by a health certificate and were inspected and 
treated for cattle fever ticks at the port of entry; (2) were consigned 
from the port of entry to a recognized slaughtering establishment where 
they were slaughtered within 2 weeks from the date of entry; and (3) 
were moved from the port of entry in conveyances sealed with seals of 
the United States Government. These provisions were adequate to ensure 
that the horses were not infected with, and did not transmit, exotic 
equine diseases existing in Mexico, none of which were transmitted 
through flying insects.

[[Page 39853]]

    Because VEE is transmitted primarily through flying insects, 
however, even horses moving to slaughter could potentially transmit the 
disease via mosquitoes and other vectors. Therefore, it is necessary to 
ensure that horses imported into the United States from Mexico that are 
moving to slaughter are not infected with VEE. We are therefore 
providing in Sec. 92.326 that, in addition to meeting the previous 
requirements of that section (except as discussed below, under the 
heading ``Location of Inspection and Quarantine Facilities''), horses 
intended for importation into the United States from Mexico for 
immediate slaughter must be quarantined for not less than 7 days.

Construction of Quarantine Facilities

    Because flying insects had not been vectors of the exotic diseases 
of concern of horses imported into the United States from Mexico, the 
regulations did not require that the facilities used to quarantine 
horses imported into the United States from Mexico through land border 
ports be constructed so as to prevent the entry of these insects. As 
noted above, however, VEE is transmitted primarily by flying insects, 
particularly mosquitoes. If the quarantine facility were not required 
to be constructed to prevent the entry of hematophagous insects, a 
mosquito carrying the VEE virus could enter the facility during a 
quarantine period and bite a horse scheduled for imminent release from 
quarantine. The horse could then be released for entry into the United 
States before it had time to develop any clinical signs of VEE. Also, 
if hematophagous insects could get into the quarantine facility, and a 
horse infected with VEE were in the quarantine facility, a mosquito not 
previously carrying the VEE virus could enter, bite the infected horse, 
and leave the facility carrying the virus. Because these facilities are 
close to the U.S. border with Mexico, the mosquito could transmit the 
virus to horses in the United States. Therefore, we are amending the 
regulations in Sec. 92.324 to require that horses intended for 
importation into the United States from Mexico through land border 
ports be quarantined at a facility in Mexico constructed so as to 
prevent the entry of mosquitoes and other hematophagous insects.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to help ensure that horses imported into 
the United States from Mexico do not transmit VEE to horses in the 
United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

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 action amends the regulations regarding the importation of 
horses from Mexico because of VEE. This emergency situation makes 
compliance with section 603 and timely compliance with section 604 of 
the Regulatory Flexibility Act (5 U.S.C. 603 and 604) impracticable. 
This rule may have a significant economic impact on a substantial 
number of small entities. If we determine this is so, then we will 
discuss the issues raised by section 604 of the Regulatory Flexibility 
Act in our Final Regulatory Flexibility Act Analysis.

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 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 2.22, 2.80, and 371.2(d).


Sec. 92.308  [Amended]

    2. In Sec. 92.308, paragraph (a)(1) is amended by removing the 
words ``Secs. 92.317 and 92.324'' and adding in their place the words 
``Sec. 92.317''.


Sec. 92.324  [Amended]

    3. Section 92.324 is amended by removing the words ``until they 
qualify from release from such quarantine, either at an APHIS facility 
designated in Sec. 92.303(a) or at a facility in Mexico'' and adding in 
their place the words ``, for not less than 7 days and until they 
qualify for release from such quarantine, either at an APHIS facility 
designated in Sec. 92.303(a) or at a facility in Mexico approved by the 
Administrator and constructed so as to prevent the entry of mosquitoes 
and other hematophagous insects''.


Sec. 92.326  [Amended]

    5. In Sec. 92.326, the first sentence is amended by removing the 
words ``and 92.323'' and adding in their place the words ``92.323, and 
92.324''.

    Done in Washington, DC, this 26th day of July 1996.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-19477 Filed 7-30-96; 8:45 am]
BILLING CODE 3410-34-P