Import Regulations for Horses; Technical Amendments

Published date08 April 2024
Record Number2024-07370
Citation89 FR 24339
CourtAnimal And Plant Health Inspection Service
SectionRules and Regulations
Federal Register, Volume 89 Issue 68 (Monday, April 8, 2024)
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
                [Rules and Regulations]
                [Pages 24339-24340]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-07370]
                -----------------------------------------------------------------------
                DEPARTMENT OF AGRICULTURE
                Animal and Plant Health Inspection Service
                9 CFR Part 93
                [Docket No. APHIS-2016-0033]
                RIN 0579-AE62
                Import Regulations for Horses; Technical Amendments
                AGENCY: Animal and Plant Health Inspection Service, Department of
                Agriculture (USDA).
                ACTION: Final rule; technical amendments.
                -----------------------------------------------------------------------
                SUMMARY: In a final rule published in the Federal Register on September
                14, 2023, and effective on October 16, 2023, we amended the regulations
                governing the importation of equines to better align our regulations
                with international standards, as well as to clarify existing policy or
                intent, and correct inconsistencies or outdated information. However,
                in amending the regulations for horses that are refused entry, we
                neglected to account for rare and specific situations in which an
                imported horse's death during travel can be determined to be unrelated
                to foreign animal disease risk. Additionally, in aiming to improve the
                readability of the regulations governing equines imported from Canada,
                we inadvertently changed the regulations to incorrectly read that
                certificates for horses from Canada must be issued and endorsed, rather
                than issued or endorsed, by a salaried veterinarian of the Canadian
                [[Page 24340]]
                Government. This document corrects those errors.
                DATES: Effective April 8, 2024.
                FOR FURTHER INFORMATION CONTACT: Dr. Iwona Tumelty, VS Strategy and
                Policy, Live Animal Imports, VS, APHIS, 4700 River Road, Unit 39,
                Riverdale, MD 20737-1231; 301-851-3300.
                SUPPLEMENTARY INFORMATION: In a final rule that was published in the
                Federal Register on September 14, 2023 (88 FR 62993-63004, Docket No.
                APHIS-2016-0033), and effective on October 16, 2023, we amended the
                regulations in 9 CFR part 93 governing the importation of equines to
                better align our regulations with international standards, as well as
                to add a number of miscellaneous changes that clarified existing policy
                or intent, and corrected inconsistencies or outdated information.
                 One of these miscellaneous changes included amending Sec. 93.306
                to provide APHIS' policies in the rare instances that a horse arriving
                at the port of entry is dead upon presentation. In the final rule, we
                stated that cohort horses arriving in the same shipment as a horse dead
                upon presentation will also be refused entry. We explained that this
                change was necessary because diagnostic testing for these horses would
                not be feasible, as determining what additional testing and quarantine
                would be necessary to mitigate foreign animal disease risk would
                require a necropsy of the dead horse, and dead horses are refused
                entry.
                 During implementation of the final rule, it was brought to our
                attention that this neglected to account for situations in which the
                mortality could be directly attributed to a cause other than foreign
                animal disease, such as in the case of obvious physical trauma
                sustained during transport. In these situations, a necropsy of the dead
                horse would not be necessary because determining whether the cohort
                horses pose a risk of spreading foreign animal disease would be
                feasible through current policies for foreign animal disease testing
                and import quarantine.
                 We are therefore correcting Sec. 93.306 to account for these
                situations and state that horses arriving in the same shipment as
                horses dead upon presentation will be refused entry unless the cause of
                death can be determined to be unrelated to foreign animal disease.
                 In the preamble to the final rule, we also stated that we were
                making non-substantive editorial changes to Sec. 93.317(a), which
                addresses requirements for horses imported from Canada, to improve
                readability. During implementation of the final rule, the Competent
                Authority of Canada alerted us that we had changed this paragraph to
                read that certificates for horses from Canada must be issued and
                endorsed, rather than issued or endorsed, by a salaried veterinarian of
                the Canadian Government. This is incorrect and is not current practice;
                horses from Canada are accepted for entry into the United States with a
                certificate that is either issued or endorsed by a salaried
                veterinarian of the Canadian Government, and we did not propose nor
                intend to change this regulation. We are therefore correcting Sec.
                93.317(a) to read that certificates required for horses from Canada
                must be issued or endorsed by a salaried veterinarian of the Canadian
                Government.
                List of Subjects in 9 CFR Part 93
                 Animal diseases, Imports, Livestock, Poultry and poultry products,
                Reporting and recordkeeping requirements.
                 Accordingly, we are amending 9 CFR part 93 as follows:
                PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY,
                AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR
                MEANS OF CONVEYANCE AND SHIPPING CONTAINERS
                0
                1. The authority citation for part 93 continues to read as follows:
                 Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
                31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
                0
                2. Amend Sec. 93.306 by revising the second sentence to read as
                follows:
                Sec. 93.306 Inspection at the port of entry.
                 * * * All horses found to be free from communicable disease and not
                to have been exposed thereto within 60 days prior to their exportation
                to the United States shall be admitted subject to the other provisions
                in this part; all other horses, to include horses dead upon
                presentation, and horses arriving in the same shipment as such horses
                unless the cause of death can be determined to be unrelated to foreign
                animal disease, shall be refused entry. * * *
                Sec. 93.317 [Amended]
                0
                3. Amend Sec. 93.317, in paragraph (a), in the third sentence, by
                removing the word ``and'' after the words ``be issued'' and adding the
                word ``or'' in its place.
                 Done in Washington, DC, this 1st day of April 2024.
                Michael Watson,
                Administrator, Animal and Plant Health Inspection Service.
                [FR Doc. 2024-07370 Filed 4-5-24; 8:45 am]
                BILLING CODE 3410-34-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT