Import Regulations for Horses
| Citation | 88 FR 62993 |
| Published date | 14 September 2023 |
| Record Number | 2023-19864 |
| Court | Animal And Plant Health Inspection Service |
| Section | Rules and Regulations |
Federal Register, Volume 88 Issue 177 (Thursday, September 14, 2023)
[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 62993-63004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19864]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 /
Rules and Regulations
[[Page 62993]]
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
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations for the importation of
equines. These changes include increasing the number of days horses
exported from regions free from contagious equine metritis (CEM) are
allowed to spend in a CEM-affected region and enter the United States
without testing from 60 days to 90 days; requiring an import permit for
horses transiting through CEM-affected regions; adding requirements for
health certifications to ensure health certifications properly attest
to the health of the imported horse; requiring that horses transiting
Central America or the West Indies comply with the same regulations
that apply to horses directly imported from these regions; and adding
requirements for shipping containers used in transporting horses. We
are also adding a number of miscellaneous changes to the regulations
such as clarifications of existing policy or intent, and corrections of
inconsistencies or outdated information. Many of these changes will
better align our regulations with international standards and allow us
and the equine industry more flexibility. The changes will also add
further safeguards that protect against introducing or disseminating
pests or diseases of livestock into the United States.
DATES: Effective October 16, 2023.
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; [email protected].
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 et
seq.), the Secretary of Agriculture may prohibit or restrict the
importation or entry of any animal, article, or means of conveyance if
the Secretary determines that the prohibition or restriction is
necessary to prevent the introduction into or dissemination within the
United States of any pest or disease of livestock. The AHPA also
authorizes the Secretary to prohibit or restrict the use of any means
of conveyance in connection with the importation or entry of livestock
if the Secretary determines that the prohibition or restriction is
necessary because the means of conveyance has not been maintained in a
clean and sanitary condition or does not have accommodations for the
safe and proper movement of livestock.
The regulations in 9 CFR part 93 (referred to below as the
regulations) prohibit or restrict the importation of certain animals,
including horses, as well as their means of conveyance, pursuant to the
AHPA.
On November 29, 2021, we published in the Federal Register (86 FR
67661-67669, Docket No. APHIS-2016-0033) a proposed rule \1\ to amend
the horse import regulations to better align them with international
standards and improve flexibility for both the equine industry and the
Animal and Plant Health Inspection Service (APHIS). The proposed
changes included increasing the number of days horses exported from
regions free from contagious equine metritis (CEM) are allowed to spend
in a CEM-affected region and re-enter the United States without testing
from 60 days to 90 days; requiring an import permit for horses
transiting through CEM-affected regions; adding requirements for health
certifications to ensure health certifications properly attest to the
health of the imported horse; removing the requirement that horses
permanently imported from Canada undergo inspection at the port of
entry; requiring that horses transiting Central America or the West
Indies comply with the same regulations that apply to horses directly
imported from these regions; adding requirements for shipping
containers used in transporting horses; and a number of minor
miscellaneous changes.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting document, and the
comments we received, go to www.regulations.gov and enter APHIS-
2016-0033 in the Search box.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
January 28, 2022. We received 28 comments by that date. They were from
a veterinary association, a business, governing bodies for equestrian
sports, breed associations, State departments of agriculture, a
university, equine associations, trade organizations, and members of
the public.
Of the 28 submissions, 11 supported the rule, 1 did not support the
rule, and 16 posed questions or additional suggestions without
expressly supporting or disagreeing with the rule. In response to the
comments, we made a number of changes to the proposed rule that we are
implementing in this final rule. These changes include the following:
Not proceeding with our proposal to remove, and instead
maintaining, the requirement in Sec. 93.317 that horses presented for
permanent importation to the United States from Canada receive an
inspection prior to entry;
Not proceeding with our proposal to require a certificate
of castration including date of castration and removal of both
testicles from all gelded horses in Sec. 93.314;
Not proceeding with our proposed amendments to Sec.
93.301(d), which would have required additional details in
documentation for imported Spanish pure breed horses from Spain and
racing thoroughbred horses from France, Germany, Great Britain, the
Republic of Ireland, and Northern Ireland;
Removing Los Angeles, California, and Miami, Florida from
the list of air and ocean ports that APHIS has designated for the
importation of horses in Sec. 93.303(a);
Removing the lists of border ports and limited ports in
Sec. 93.303(b) through (d) and adding instead a link to the APHIS
website which contains the most up-to-date information regarding ports;
Amending Sec. 93.301(g)(1)(iii) to clarify that breeding
of the horse must never have been attempted, either live or artificial;
[[Page 62994]]
Amending Sec. 93.301(f)(5)(v) to state that seals may
also be broken by a State animal health official;
Adding new Sec. 93.301(e)(2)(ii) to state that stallions
and mares must be transported to the approved State in a sealed
vehicle, and that the seal may be broken only by an APHIS
representative, State animal health official, or accredited
veterinarian under certain circumstances, at the horse's destination;
Amending Sec. 93.302(a)(4) to add the World Organization
for Animal Health's (WOAH's) \2\ Terrestrial Animal Health Code as
another example of guidance that may be used to meet a shipping
container performance standard;
---------------------------------------------------------------------------
\2\ World Organization for Animal Health (WOAH) (formerly
referenced as OIE).
---------------------------------------------------------------------------
Correcting the section heading of Sec. 93.304;
Amending Sec. 93.306 to clarify that APHIS will refuse
entry to horses arriving in the same shipment as horses dead upon
arrival;
Amending Sec. 93.308 to clarify that horses imported from
regions where African horse sickness exists must obtain an import
permit; and
Amending Sec. 93.314 to clarify that all horses described
in Sec. 93.301 that are allowed to enter the United States from a CEM-
affected region under special provisions are not required to state on
their health certificate that they have not been in a CEM-affected
region prior to export.
The comments that we received, as well as details of the changes we
made in response to the comments, are discussed below by topic.
Temporary Export to CEM-Affected Countries
We proposed to amend Sec. 93.301(g) by increasing the number of
days horses from the United States or other regions not known to be
CEM-affected are allowed to spend in a CEM-affected region and re-enter
the United States without testing from 60 days to 90 days.
One commenter believed APHIS was decreasing the amount of time a
horse from a CEM-affected region was held in quarantine from 90 days to
60 days, and stated that horses should be made to stay the full 90 days
to decrease risk of exposure. Another commenter disagreed with this
interpretation and stated that the proposed rule referred to the amount
of time a horse from the United States or a region not affected with
CEM can spend in CEM-affected regions without needing to undergo CEM
testing prior to entry into the United States, rather than time in
quarantine upon reentry.
The latter commenter's interpretation is correct. APHIS is not
decreasing the amount of time an animal is required to spend in
quarantine after returning from the CEM-affected region. Rather, APHIS
is making changes to special provisions applicable to horses from CEM-
free countries temporarily exported to CEM-affected countries that do
not have to undergo CEM testing or CEM quarantine upon arrival,
provided they meet certain conditions. These conditions include
extensive documentation ensuring that the horse was not exposed to CEM
during its temporary exportation. APHIS proposed to extend the days of
temporary exportation to a CEM-affected region from the current 60 days
to 90 days with regard to these special provisions. As the extensive
documentation of the horse's health status and movement during its
exportation provides assurance that the horse was not exposed to CEM,
this change will not increase the risk of introducing animal disease
into the United States.
One commenter disagreed with extending the period of temporary
export from 60 to 90 days, calling it careless.
APHIS had proposed this change to better align our regulations with
the typical competition cycle--the competition cycle is often more than
60, but no more than 90, days. As stated in the proposed rule, APHIS
found that the risk of horses introducing CEM to the United States
would continue to be minimal if the temporary export period was
increased to 90 days. The most significant safeguards against these
horses introducing CEM into the United States are the attestations
required by the health certificate in the current regulations, rather
than the amount of time the horses may spend in a CEM-affected region.
As these attestations ensure that horses have not had the opportunity
to breed nor have any genital contact, and CEM is spread through these
means, we consider these attestations to be effective mitigations
against the introduction of CEM. Limiting the period of temporary
export is an additional risk mitigation that supplements the mitigation
of the health certificate.
CEM Testing
We proposed a number of miscellaneous changes to the regulations
regarding test breeding required for horses entering the United States
from CEM-affected countries. These included correcting an inconsistency
between the requirements in Sec. 93.301(e)(3) and (5) for mares and
stallions by specifying that samples from stallions must also be
collected by an accredited veterinarian.
One commenter supported adding to the regulations that samples
collected from a stallion must be from a qualified trained individual
such as an accredited veterinarian, but suggested adding flexibility to
the regulations to allow States to approve qualified individuals to
take samples as required in Sec. 93.301(e)(3)(i).
We appreciate the suggestion. However, the purpose of this change
was only to align the requirements for mares and stallions. We may look
into addressing the issue of increased flexibility for States with
regards to collecting samples in a future action.
One commenter requested clarification as to who is an accredited
veterinarian.
The proposed addition of the term ``accredited veterinarian'' to
Sec. 93.301(e)(3) refers to the individual collecting samples from
stallions during test breeding in a State following the horse's export
to the United States. As stated in the definition of the term in Sec.
93.300, an accredited veterinarian is a veterinarian approved by the
Administrator in accordance with the provisions of 9 CFR part 161 to
perform specific outlined functions.
One commenter suggested adding polymerase chain reaction (PCR)
testing for CEM to the approved disease screening protocols.
APHIS is constantly monitoring test methods for possible approval.
At this time, PCR tests for CEM are not validated by the National
Veterinary Services Laboratories (NVSL), the reviewing party within
APHIS for tests of diseases of concern for livestock.
One commenter suggested that retired racing stallions repatriated
to the United States to accredited sanctuaries should not have to
undergo test breeding for CEM.
We understand that racing stallions may come to the United States
to retire and find test breeding onerous. However, our CEM testing
requirements are critical to ensuring that the United States is
protected against the introduction of foreign animal disease. We also
note that, under certain circumstances, retiring racehorses may not
have to undergo test breeding. For example, if the retiring racehorse
is a racing thoroughbred that meets the requirements of Sec.
93.301(d), which pertains to Spanish Pure Breed horses from Spain and
thoroughbred horses from France, Germany, Great Britain, the Republic
of Ireland, and Northern Ireland imported for permanent entry from CEM-
affected regions, the horse does not have to undergo CEM test breeding
upon arrival to the United States.
[[Page 62995]]
One commenter stated that test breeding for CEM in general should
be reconsidered, calling the practice ``inhumane'' and stating that
advancements in science have resulted in more humane methods to test
for CEM.
We are constantly monitoring the development of new testing methods
and look to adopt new methods when they are validated. At this time,
test breeding has been determined to be the most reliable method to
ascertain whether horses are affected with CEM and therefore to protect
the United States against the introduction of foreign animal disease.
Horses From CEM-Affected Countries
We proposed a number of miscellaneous changes to the regulations
regarding horses entering the United States from CEM-affected
countries.
These included changes to paragraph (d) of Sec. 93.301, which
governs the importation of Spanish pure breed horses from Spain and
racing thoroughbred horses from France, Germany, Great Britain
(England, Scotland, and Wales), the Republic of Ireland, and Northern
Ireland,\3\ stipulating verification and documentation requirements
that these horses must meet to qualify for exemption from the
prohibition on importation of horses from CEM-affected regions. We
proposed to amend Sec. 93.301(d) to increase the level of detail in
the verification and documentation requirements for these horses. Our
proposal included requiring that, for Spanish pure breed horses, the
health certificate state that the horses have been in Spain for a
minimum of 60 days immediately prior to export; and for racing
thoroughbreds from France, Germany, Ireland, and the United Kingdom,
that the health certificate state that the horses have been in one or
more of these countries for a minimum of 60 days immediately prior to
export. Our proposal also included adding to the regulations the words
``and identification'' after the word ``activities'' in the description
of the information the veterinarian issuing the health certificate is
required to examine; adding to the regulations the words ``including
the competition or event records'' after the words ``the records kept
by the trainer'' in the description of the records the veterinarian is
required to examine; and clarifying that the prohibition on attempted
breeding that the veterinarian is required to ensure has not occurred
applies to both live and artificial breeding. We also proposed to make
an editorial change to paragraph (d) by adding the word ``racing'' in
front of the words ``thoroughbred horses from France, Germany, Ireland,
and the United Kingdom.''
---------------------------------------------------------------------------
\3\ At the time of the proposed rule's publication, these
regions were characterized as ``France, Germany, Ireland, and the
United Kingdom,'' and were referred to as such in our proposed rule
and by commenters. A final rule published in the Federal Register on
August 16, 2021 (86 FR 45621-45629, Docket No. APHIS-2021-0003)
updated the regulations to treat Great Britain (England, Scotland,
and Wales) and Northern Ireland as separate entities following the
exit of the United Kingdom (UK) from the European Union.
---------------------------------------------------------------------------
One commenter asked about the significance of adding the word
``racing'' before ``thoroughbreds.'' Another commenter stated that the
requirements that racing thoroughbreds from a CEM-affected country must
meet to compete temporarily in the United States are excessive and a
financial burden.
We have decided not to proceed with our proposed changes to Sec.
93.301(d). Since the close of the comment period, APHIS has discovered
a high degree of noncompliance with the current verification and
documentation requirements in Sec. 93.301(d). While we have
strengthened our guidance to importers and remediated the non-
compliance on a case-by-case basis thus far, and while we are still
evaluating the full basis for this non-compliance, the fact that the
horses to which these regulations apply move so rapidly between
countries is a contributing factor, since this alacrity and frequency
of movement makes it challenging for importers to provide the required
verification and documentation. We believe that the proposed amendments
could exacerbate that problem by adding to the current verification and
documentation requirements. We do not want to proceed with the proposed
amendments without first evaluating how to increase compliance.
To address this issue, we intend to undertake a holistic evaluation
of the requirements in this section. We will propose any revisions to
Sec. 93.301(d) resulting from this evaluation at a future date.
Until such rulemaking is promulgated, the provisions of current
Sec. 93.301(d) will remain in effect.
Two commenters stated that the approved breed association for
France should be updated to France Galop.
A final rule published in the Federal Register on August 16, 2021
(See footnote 3) updated the regulations to list France Galop as the
approved breed association for France.
A commenter stated that some States want to seal doors and barns
shut as part of their protocol for keeping a competition horse
separated from other horses, and that this is a liability in the case
of situations such as fires.
Event organizers routinely discuss emergency protocols in the case
of unforeseen circumstances such as fires prior to competition events
to ensure the wellbeing of competition horses. Because this contingency
planning is a routine business practice, we do not believe that our
requirements to keep competition horses separate from other horses
place horses at an increased risk of harm in the case of emergencies.
Two commenters asked for the United States and other CEM-free
countries to be added to the temporary import exemption provisions for
racing thoroughbreds residing in France, Germany, Ireland, and/or the
United Kingdom.
As the provisions that the commenter refers to in Sec. 93.301(d)
pertain to the importation of a horse from outside the United States
into the United States, adding provisions governing reentry of domestic
horses to the paragraph would not be warranted or appropriate.
Additionally, at this time, we cannot consider adding other countries
because a comprehensive evaluation of adequate and reliable
recordkeeping on the health history of horses in the country would need
to be completed. If a country requests to be added to this list, and
APHIS confirms their maintenance of accurate and reliable
recordkeeping, APHIS will consider additional changes to the
regulations. Currently, APHIS evaluates requests for exemptions for
horses from other countries on a case-by-case basis.
We also note that meeting the requirements of Sec. 93.301(d) for
racing thoroughbred horses from France, Germany, Great Britain
(England, Scotland, and Wales), the Republic of Ireland, and Northern
Ireland is not the only way horses can receive an exemption from CEM
provisions. U.S.-origin horses may travel to a CEM-affected country for
a specified period of time for competition and return without having to
complete CEM testing or quarantine if the horse meets the requirements
outlined in Sec. 93.301(g).
One commenter asked whether a competition horse that spends 90 days
in the European Union and qualifies for the CEM testing exemption in
Sec. 93.301(g) can return multiple times within 12 months to the
European Union and continue to qualify for the CEM testing exemption.
Section 93.301(g) allows U.S.-origin horses to travel to CEM-
affected regions for a maximum of 90 days at a time. The number of 90-
day trips that a U.S.-origin
[[Page 62996]]
horse can take within this 12-month period is not restricted by the
regulations.
One commenter requested that, in addition to breeding and sexual
contact, we add semen collection as a prohibited practice for horses
temporarily exported to CEM-affected countries who can re-enter the
United States without testing. The commenter noted that CEM can be
transmitted through artificial insemination (which involves semen
collection).
Because CEM can be spread through semen regardless of the method of
insemination, we agree with the commenter and consider artificial
breeding a form of breeding. We have revised the prohibition on
breeding in Sec. 93.301(g)(1)(iii) to specify that breeding of the
horse must never have been attempted, whether live or artificial.
One commenter asked that we modify Sec. 93.301(f)(5)(v), which
governs transit within the United States for horses temporarily
imported for competition or entertainment purposes, to allow State
animal health officials to break seals on sealed vehicles due to the
varying availability of APHIS representatives in different States.
We agree with the commenter and will add to the regulations that
seals may also be broken by a State animal health official. As these
individuals are also trained in preventing the introduction or
dissemination of animal disease, this will not increase the risk of
introducing CEM into the United States.
The commenter also asked that we add a requirement that trailers
transporting horses from Federal to State CEM quarantine be sealed, as
this is a routine practice and the explicit addition to the regulations
would help with enforceability.
As we stated in the proposed rule, one of the aims of the rule was
to clarify existing policy or intent with regard to our regulations
governing the importation of equines. We agree with the commenter that
the requirement requested does reflect current operational practice for
transport of horses from Federal CEM quarantine to State CEM
quarantine, and thus fits within this articulated rubric. Accordingly,
we will add a new Sec. 93.301(e)(2)(ii) to state that stallions and
mares must be transported to the approved State in a sealed vehicle,
and that the seal may be broken only by an APHIS representative or a
State animal health official at the horse's destination. If an APHIS
representative or State animal health official is unavailable to break
the seal due to extenuating circumstances, the State animal health
official may designate the authority to unseal to an accredited
veterinarian and the State animal health official will assume the
responsibility for oversight and recordkeeping.
Two commenters asked us to require that a horse's final destination
in the United States following CEM quarantine release be listed on the
horse's import permit.
This requirement is already captured in the eFile application
system. We are currently in the process of phasing out the ePermits
system and replacing it with eFile.
Shipping Containers
We proposed to add additional requirements for shipping containers
to Sec. 93.302 by adding disinfection requirements and measures to
ensure that horses are transported safely. We proposed to present these
requirements as performance standards, and referred individuals to the
Live Animals Regulations (LAR), as amended, published by the
International Air Transport Association (IATA) for optional guidance on
how to meet these requirements. We also proposed that, if an importer
wished to use alternative means of meeting the requirements other than
those in the LAR, they would be able to contact APHIS Live Animal
Imports to ask for approval. Five commenters suggested that APHIS
develop its own standards for shipping containers or add more details
to regulations, rather than using a performance standard and referring
individuals to the LAR published by the IATA for guidance. These
commenters cited ambiguity inherent to performance standards, and the
high cost of purchasing the LAR as concerns.
Performance standards allow for the possibility of a variety of
means in order to meet them. As one of the commenters noted, the
various breeds, sizes, and ages of horses shipped make one-size-fits-
all requirements for shipping containers difficult. If importers are
unsure whether they have met the performance standard, they can contact
APHIS Live Animal Imports to ask for approval by phone at (301) 851-
3300, option 2, or by email at [email protected]. If, in the future, we
believe that additional clarification would be helpful, we may look
into the development of further policy.
Regarding costs, importers are not required to use the LAR
published by the IATA to meet the performance standard. Individuals may
contact APHIS Live Animal Imports to ask for approval of a particular
shipping container by the methods outlined above, without recourse to
the examples of guidance that we provide in the regulatory text.
That being said, we acknowledge commenters' concerns about the
accessibility of the LAR and recognize that the regulations as written
in our proposal may have incorrectly given importers the impression
that using the LAR is preferred over other means of meeting the
performance standard. In response to these concerns, we are amending
the regulatory text to add that the WOAH's Terrestrial Animal Health
Code may also be used to meet the performance standard. The Terrestrial
Animal Health Code can currently be accessed online \4\ at no cost, and
also meets the standards for shipping containers that we have laid out
in the regulations.
---------------------------------------------------------------------------
\4\ The Terrestrial Animal Code is available at https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/.
---------------------------------------------------------------------------
One commenter asked us to add a provision giving APHIS the
authority to test shipping containers for disease.
The existing regulation, redesignated as Sec. 93.302(b) in this
rule, allows inspectors to inspect whether a means of conveyance,
including shipping containers, are contaminated with material that
could introduce or disseminate any communicable animal disease. This
gives APHIS the authority to test shipping containers for disease, if
necessary. Our addition of specific cleaning and disinfection
requirements in Sec. 93.302(a) further ensures that biosecurity is
upheld.
Horses From Canada
We proposed to remove the requirement in Sec. 93.317 that horses
presented for permanent importation to the United States from Canada
receive an inspection prior to entry.
Four commenters expressed concern about our proposed removal of the
inspection requirement for horses permanently imported from Canada.
These commenters raised the possibility that horses that enter Canada
from a different country would then be able to circumvent the health
requirements for horses permanently entering the United States from
that country. One additional commenter disagreed with our proposal
without citing a reason.
We acknowledge the possibility of the commenters' concerns, as our
proposed change would have allowed the importation of horses from
Canada without inspection, which could present a risk of disease
introduction in the event the horse originates from a higher risk
region of the world. In light of the commenters' response, we will not
proceed with this proposed change.
[[Page 62997]]
Horses permanently imported into the United States from Canada will
continue to undergo the currently required inspection at the port of
entry. We will, however, proceed with making nonsubstantive editorial
changes to paragraph (a) of Sec. 93.317 to reflect a paragraph
redesignation and to improve readability.
Transiting Horses
We proposed to amend Sec. 93.304(a)(1)(i) by adding horses
transiting CEM-affected regions to the list of horses requiring an
import permit. We also proposed to amend Sec. 93.319 by adding horses
transiting Central America and the West Indies as horses requiring an
import permit.
One commenter stated that they agreed that horses imported from
Central America and the West Indies should comply with the regulations.
We would like to clarify that we proposed a change to horses
transiting these regions. The requirements already apply to horses
directly imported from these regions.
Five commenters asked us to define the term ``transiting,'' as its
meaning in the regulations may vary depending on the type of horse.
The regulations pertaining to different types of transiting horses
are contained in the specific sections for each type of transiting
horse, and the meaning of the term ``transiting'' is contextually clear
within each section. If individuals have specific questions regarding
these requirements, they can contact APHIS Live Animal at
[email protected].
Certificate of Castration
We proposed to add to Sec. 93.314 that health certificates must
confirm that the horse has not been castrated during the 14 days
preceding exportation. We also proposed to require that all castrated
horses be accompanied by a certificate of castration that includes the
date of castration and confirmation that both testicles have been
removed.
Five commenters expressed concern that a certificate of castration
including a date of castration could be difficult or impossible to
obtain, especially for horses castrated years in the past or that have
had multiple owners.
We agree with the commenters' concerns regarding the collection of
this information. Written confirmation that the horse has not been
castrated \5\ within the past 14 days will be sufficient to mitigate
the risks associated with transporting recently castrated horses. We
will not proceed with our proposal to require a certificate of
castration including date of castration and removal of both testicles
from all gelded horses.
---------------------------------------------------------------------------
\5\ The terms ``castrated'' and ``gelded'' are equivalent and
are used interchangeably in this document.
---------------------------------------------------------------------------
One commenter asked for additional clarification on the certificate
of castration requirement, asking about the required level of detail
and whether an updated passport indicating the horse was castrated
would suffice.
As noted above, we will only require confirmation that the horse
has not been castrated within the 14 days preceding export. An updated
passport would not fulfill this requirement. The attestation must be
completed by a salaried veterinary officer of the national government
of the region of origin, or as otherwise specified in Sec. 93.314, and
may come in the form of an attestation on the health certificate, or as
an addendum to the health certificate that accompanies the horse upon
arrival.
Pre-Export Exam
We proposed to require documentation stating that the pre-export
examination required by Sec. 93.314 occurred within 48 hours of the
horse's export.
Three commenters expressed concern about the proposed requirement
to complete the pre-export examination within 48 hours of the horse's
export if the horse's travel time from point of origin to port of
embarkation exceeds 48 hours, particularly in the case of long layovers
or flight delays. One of these commenters also asked for clarification
on whether the 48-hour window referred to the expected or actual
departure time.
APHIS is requiring that horses complete a pre-export exam within 48
hours of export because an increasing number of horses are being
imported into the United States that are sick or injured and
noncompliant with the regulations. Not only does this pose a risk of
introducing into or disseminating within the United States pests or
diseases of livestock, but it also increases quarantine time and user
fees for stakeholders. We believe that requiring horses to receive a
pre-export exam within this timeframe will help mitigate these
problems.
Because horses are required by Sec. 93.314(b) to obtain a health
certificate from each region in which they have been present during the
60 days prior to their shipment to the United States, horses that have
an extended layover are currently required to obtain a health
certificate from the country in which they had a layover. Therefore,
the addition of a requirement of a pre-export exam completed within 48
hours does not impose an additional requirement in this situation.
Horses must be inspected within 48 hours of their actual departure
time. To clarify what we meant by ``within 48 hours of export'' in the
proposed rule, we will update Sec. 93.314(a)(5) to replace the phrase
``of export'' with the phrase ``of departure from the port of
embarkation.'' Extenuating circumstances, such as flight delays, are
handled by APHIS on a case-by-case basis, as provided for by the
current regulations in Sec. 93.301(a).
Identification
We proposed to add the phrase ``or other permanent identification
approved by APHIS'' to the requirement in Sec. 93.301(e)(4) that mares
used to test stallions for CEM be marked with the letter ``T''.
Five commenters asked that we add International Standards
Organization-compliant microchips to the list of approved permanent
means of identification for test mares in Sec. 93.301(e)(4)(i).
As stated in the proposed rule, individuals will be able to contact
APHIS Live Animal Imports by email at [email protected] to seek
approval of alternative permanent means of identification, including
microchips. APHIS will work with stakeholders to ensure that this
process is as efficient and expeditious as possible. As of now, APHIS
has not evaluated whether microchips would be a viable method of
identification in all instances.
Three of these commenters also asked that we clarify how
individuals can request U.S. Department of Agriculture (USDA) approval
of alternative forms of permanent identification for test mares.
As stated in the proposed rule, individuals may request approval of
alternative permanent means of identification by contacting APHIS Live
Animal Imports by email at [email protected].
Two commenters suggested that APHIS create a process through which
States could seek permanent approval for an alternative type of
permanent identification device to be used in that State.
At this time, limited agency resources do not make the creation of
such a process practicable. However, we will continue to work with our
State partners to ensure that the process for considering the approval
of an alternative means of identification is as efficient and
expeditious as possible.
One commenter sought clarification on why importers would be
interested in using other means of permanent
[[Page 62998]]
identification for test mares, and added that microchips are an
acceptable form of identification.
Currently, the regulations only allow test mares to be identified
by being marked with the letter ``T''. Microchips are not listed as an
acceptable form of permanent identification. Our change allows for the
possibility of using permanent identification methods other than
branding, such as microchips.
One commenter stated that photos of detailed markings of test mares
should be collected to correlate with microchip identification
information.
Approval of microchipping as a form of identification, including
the specifics of recordkeeping involved in microchipping, will be
considered on a case-by-case basis.
One commenter requested that we remove all references to eartags as
a means of identification in part 93, as a horse is unlikely to have
one, and they are insufficient for traceability.
The only reference to eartags in part 93 occurs in Sec. 93.304,
where they are listed as an example of identifying information about a
horse to include on an import permit. We acknowledge that eartags are
not a frequently used method of identification. However, in order to
account for rare circumstances, to ensure that import permits include
all possible relevant identifying information, and to retain
consistency with the domestic animal traceability regulations in 9 CFR
part 86, we will continue to list eartags as an accepted method of
identification.
Quarantine
We proposed miscellaneous minor changes to regulations related to
horses entering quarantine, including clarifying that horses
originating from regions in which Venezuelan equine encephalomyelitis
or screwworm is declared to exist may not complete quarantine in
temporary, privately-owned quarantine facilities.
Two commenters asked that we remove the requirement for importers
to use a trust fund agreement or escrow account agreement for
quarantined horses and instead require these individuals to incur and
pay user fees.
This is outside of the scope of this rulemaking.
One commenter asked us to consider specific measures to better
ensure that horses completing quarantine following importation into the
United States meet a destination State's import criteria prior to being
moved into the State, as required by Sec. 86.5.
This is also outside of the scope of this rulemaking.
Five commenters asked us to allow horses that receive non-negative
tests for quarantine diseases to move to other facilities that better
serve their health and wellness needs while waiting for a re-test.
Horses must remain in quarantine facilities for the full length of
time prescribed by APHIS to ensure that no communicable animal diseases
enter the United States. APHIS determines these quarantine requirements
using the best available science regarding the diseases of concern. At
the same time, APHIS works to address the health and wellbeing needs of
horses in the quarantine facilities it operates. Privately owned
quarantine facilities must meet the standards outlined in Sec.
93.308(c) to also address these needs before being approved by APHIS.
Additionally, APHIS representatives work with importers to make
sure the needs of horses are met while they are in quarantine.
One commenter stated that provisions need to be made for horses
that arrive ill or injured, or become sick or are injured while in
import quarantine, and require veterinary care beyond what can be
provided at the quarantine facility.
This is standard practice in quarantine facilities. When horses
exhibit signs of illness or injury upon arrival or during import
quarantine, importers are responsible for bringing in an accredited
veterinarian to examine and treat the animal. If the accredited
veterinarian determines that the horse needs advanced care at a
veterinary hospital, the horse is transported to a veterinary hospital
approved by APHIS to treat horses under import quarantine.
Two commenters stated that horses that test negative for regulated
diseases during quarantine but that exhibit signs of other illness and
require treatment at an approved veterinary hospital should have less
stringent quarantine requirements than untested horses.
Our quarantine requirements are based on the best available
scientific understanding of communicable diseases of horses. Testing is
just one part of the quarantine process. Observation under isolation
for the requisite period of time is also essential, as horses that test
negative for regulated diseases may still be sick with other infectious
or emerging diseases and pose a risk to domestic livestock. Therefore,
this suggestion is not practicable at this time. However, we may look
further into this suggestion in the future.
Three commenters stated that USDA should dedicate resources to
pursue advancing diagnostic testing capabilities for equine import
testing, particularly for dourine and glanders diagnostic tests.
We are continuously working with NVSL to build capacity and develop
diagnostic testing capabilities for equine import testing.
Two commenters requested that USDA maintain a system of recording
and reporting abnormal health events that would be used to notify
animal health officials in the state of the horse's destination, as
recommended by the U.S. Animal Health Association's (USAHA) Committee
on Equine.
We appreciate the suggestion and are working closely with
stakeholders and other relevant parties to discuss USAHA's requests. We
also note that APHIS currently has a protocol in place for recording
and notifying State animal health officials of adverse health events in
imported equines.
Three commenters asked that we define the terms ``Federal
quarantine,'' ``private quarantine,'' and ``temporary private
quarantine.''
The terms ``permanent, privately owned quarantine facility'' and
``temporary, privately owned quarantine facility'' are defined in Sec.
93.300. These definitions distinguish these facilities from Federal
quarantine facilities, which are facilities directly operated by APHIS.
Three commenters requested the removal of a reference to allowing
exercise equipment in horses' stalls in permanent, privately owned
quarantine facilities, as this may compromise the safety of the horse.
One of these commenters also asked APHIS to allow horses other
opportunities for exercise in both privately owned and Federal
quarantine facilities.
Section 93.308(c)(3)(ii)(G) allows exercise equipment to be kept in
the stall with the horse in permanent, privately owned quarantine
facilities only if there will still be sufficient space within the
stalls for the horse to move freely once the equipment is installed.
Port officials work with owners to ensure the safety of the horse in
these situations. When there are reasonable requests to allow a horse
other forms of exercise during quarantine, such as exercise within the
lot-holding area, APHIS evaluates the request for feasibility and
compliance with the regulations, and works collaboratively with the
horse's owner, importer, or other responsible party to address the
request.
One commenter asked us to consider allowing horses from VEE-
affected and screwworm-affected countries to quarantine in temporary,
privately owned quarantine facilities.
[[Page 62999]]
As stated in the preamble to the proposed rule, horses from VEE- or
screwworm-affected countries cannot complete quarantine in temporary,
privately owned quarantine facilities because the performance
requirements for these facilities are not sufficient to safeguard
against vector-borne foreign animal diseases (which include screwworm,
VEE, and African horse sickness).
Screwworm
We proposed to move the screwworm regulations from Sec. 93.301 to
Sec. 93.308 and make a minor correction and clarification.
One commenter stated they supported the creation of a screwworm
section.
We would like to clarify for the commenter that, as stated in the
preamble to the proposed rule, we are not creating a new section
regarding screwworm, but rather moving the existing regulations
regarding screwworm to a different section and adding minor corrections
and clarifications.
One commenter stated that, if USDA allows for exemptions from the
7-day screwworm import quarantine requirements, then a screwworm
examination by the accredited veterinarian must be required prior to
quarantine release.
We did not propose to add an exemption to the 7-day screwworm
quarantine requirement in the regulations. The regulations continue to
require that horses from screwworm-affected countries complete a
minimum of 7 days in quarantine.
The commenter also requested that we allow a 3-day quarantine
instead of 7-day quarantine for horses that stop in a screwworm-
affected country for a plane to refuel. Another commenter asked why
horses from Australia or New Zealand are required to complete a 7-day
quarantine if they transit a screwworm-affected country, while horses
from certain screwworm-affected regions are allowed a shorter
quarantine period.
As stated above, we did not propose substantive changes to the
screwworm regulations. Therefore, the length of time a horse from a
screwworm-affected country spends in quarantine is outside the scope of
this rulemaking.
Other Comments
Two commenters noted that the lists of ports of entry for horses in
Sec. 93.303 were not accurate or did not match those listed on the
APHIS website.
The commenters are correct that this information is not up to date
in the regulations. Because ports have historically opened or closed
more frequently than could be updated via rulemaking, resulting in
inaccurate information in the regulations, and because the proposed
rule in several instances discussed activities that must take place at
an approved port of entry in order for a horse to be validly imported,
it is important for clear and unambiguous implementation of this final
rule that the lists of such ports of entry be up to date. Accordingly,
we will remove the lists of Canadian border ports in paragraph (b),
Mexican border ports in paragraph (c), and limited ports in paragraph
(d) in Sec. 93.303 and add instead a link to the APHIS website
(https://www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine), which contains the most up-to-date information
regarding ports. In each of these three paragraphs from which we are
removing the lists of ports, we will note that changes to the list of
approved ports will be announced through notices published in the
Federal Register.
Additionally, we will add this link to paragraph (e), which
contains information about ports for horses to be quarantined at
privately owned quarantine facilities, but does not currently include a
list of these ports or information about where such a list may be
found. We will also update the list of air and ocean ports in paragraph
(a) to remove Los Angeles, California and Miami, Florida, as these
ports no longer have APHIS-operated inspection and quarantine
facilities for horses.
One commenter stated they had concerns about the validity of the
list of VEE-affected countries when some countries fail to report
disease outbreaks to the WOAH. Four other commenters expressed concern
about the reliability of all the lists of countries affected by
regulated equine diseases that APHIS maintains.
The WOAH is not the only source APHIS relies on to determine a
country's disease status. As stated in Sec. 93.308(a)(1)(ii), APHIS
will add a region to the list of VEE-affected regions based on reports
we receive of outbreaks of the disease from veterinary officials of the
exporting country, from WOAH, or from other sources the Administrator
determines to be reliable. The same is true for lists of regions where
screwworm, African horse sickness, and CEM are considered to exist.
One commenter asked for further clarification on how APHIS deals
with horses dead upon arrival, and asked us to add to the regulations
that APHIS has the authority to require diagnostic testing for horses
arriving in the same shipment as a dead horse to ensure that these
horses were not exposed to an infectious, contagious condition.
As clarified in the proposed rule, APHIS will refuse entry to
horses that are found to be dead upon presentation at the port of
entry. The commenter's concern about horses arriving in the same
shipment as a dead horse is warranted, as these horses pose an
increased risk of introducing animal disease into the United States.
Diagnostic testing for these horses would not be feasible, as
determining what additional testing and quarantine would be necessary
to mitigate disease risk would require a necropsy of the dead horse,
and dead horses are refused entry. To address the disease risk that the
commenter raises, we will add the phrase ``and horses arriving in the
same shipment as such horses'' after the phrase ``horses dead upon
presentation'' in Sec. 93.306 to clarify that APHIS will refuse entry
to such horses as well.
Three commenters recommended that APHIS adopt the USAHA Committee
on Equine's request to amend the quarantine requirements for horses
from VEE-affected countries by requiring that all horses be isolated 3
weeks prior to shipment, that horses vaccinated against VEE be
vaccinated no less than 60 days prior to arrival at the import center,
and that unvaccinated horses have negative results for VEE no less than
14 days after the commencement of quarantine.
We appreciate the suggestion and are working closely with
stakeholders to discuss USAHA's requests.
Four commenters asked that the written plan outlined in Sec.
93.304(a)(1)(iii)(I) to handle sick and injured horses required of
horses temporarily imported into the United States solely for
noncompetitive public exhibition and entertainment purposes include
biosecurity measures.
The written plan referred to by the commenters is a part of the
import permit application required of this class of horses. As such,
APHIS evaluates the written plan before granting a permit, keeping
biosecurity measures in mind while assessing the information provided
regarding the accredited veterinarian and medical facility that will
treat the horses should they become sick or injured while in the United
States.
Miscellaneous
In paragraph (a)(1) of Sec. 93.308, we proposed to clarify the
regulations by adding that horses imported from regions where VEE
exists must obtain an import permit in accordance with Sec. 93.304. In
reviewing the proposed rule, we noticed that we had neglected to
clarify regulations regarding horses
[[Page 63000]]
imported from regions where African horse sickness exists in the same
manner. We are adding the sentence ``Each horse must be accompanied at
the time of importation by an import permit in accordance with Sec.
93.304.'' to paragraph (a)(2) of Sec. 93.308.
In reviewing the proposed rule, we also noticed an outdated
address. We are updating the address listed in Sec. 93.301(h)(7) to
reflect that the name of the relevant Veterinary Services division has
changed from ``Regionalization Evaluation Services'' to ``Live Animal
Imports.''
We are also making a minor nonsubstantive change by adding a
correction to the section heading of Sec. 93.304. The section heading
currently reads ``Import permits for horses from regions affected with
CEM and for horse specimens for diagnostic purposes; reservation fees
for space at quarantine facilities maintained by APHIS.'' As this
section refers to import permits for all horses that require them,
rather than only for horses from regions affected with CEM, we are
removing the phrase ``from regions affected with CEM'' so that the
heading more accurately reflects the information contained within the
section.
Finally, in our proposal, we proposed to amend Sec.
93.314(a)(7)(i) to clarify that the requirement contained within it,
that health certificates must state that horses have not been in any
region affected with CEM during the 12 months immediately prior to
export, does not apply to horses described in Sec. 93.301(f), which
are horses from regions affected with CEM that are temporarily imported
to the United States for competition or entertainment purposes. In
reviewing the proposed rule, we noticed that we had neglected to
clarify that this provision also does not apply to horses described in
paragraph (d) of Sec. 93.301, which are Spanish Pure Breed horses from
Spain and racing thoroughbred horses from France, Germany, the Republic
of Ireland, Great Britain, and Northern Ireland and paragraph (e),
which are stallions and mares over 731 days of age from CEM-affected
regions. Like horses described in Sec. 93.301(f), these horses have
special provisions outlined in the aforementioned paragraphs. To avoid
confusion and align Sec. 93.314 with these provisions, we are amending
the regulatory text to clarify that horses described in Sec. 93.301(d)
and (e) are also excluded from the requirement in Sec.
93.314(a)(7)(i).
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
on the Regulations.gov website (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
APHIS is amending elements of its equine import regulations.
First, APHIS will amend its regulations for temporary export of
horses to CEM-affected regions. The changes will allow horses to spend
up to 90 days in a CEM-affected region.
The amendments will also allow APHIS to correct and clarify
information in 9 CFR 93.308, 93.314, and 93.319. This includes updating
the regulations to reflect current policies and affected regions. It
also includes amending the description of health certification and
permit requirements.
Executive Order 12988
This final 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.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the reporting and recordkeeping
requirements included in this final rule, which were filed under 0579-
0485, have been submitted for approval to the Office of Management and
Budget (OMB). When OMB notifies us of its decision, if approval is
denied, we will publish a document in the Federal Register providing
notice of what action we plan to take.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the EGovernment Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mr. Joseph Moxey,
APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483.
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. 93.300, in the definition of Recognized Slaughtering
Establishment by revising footnote 2 to read as follows:
Sec. 93.300 Definitions.
* * * * *
\2\ See footnote 1 of this section.
0
3. Amend Sec. 93.301 by:
0
a. Adding a heading to paragraphs (a) and (b);
0
b. In paragraph (a), redesignating footnote 3 as footnote 1;
0
c. In paragraph (b) introductory text, redesignating footnote 4 as
footnote 2;
0
d. In paragraph (b)(1)(ii), redesignating footnote 5 as footnote 3, and
revising newly redesignated footnote 3;
0
e. In paragraph (d)(1)(ii)(B) introductory text, redesignating footnote
6 as footnote 4;
0
f. In paragraph (d)(3), removing the words ``paragraph (h)(6) or
(h)(7)'' and adding the words ``paragraph (h)(7) or (8)'' in their
place;
0
g. In paragraph (e)(2)(i), removing ``(h)(6)'' and adding ``(h)(7)'' in
its place, and removing ``(h)(7)'' and adding ``(h)(8)'' in its place;
0
h. Redesignating paragraphs (e)(2)(ii) through (iv) as paragraphs
(e)(2)(iii) through (v), respectively, and adding a new paragraph
(e)(2)(ii);
[[Page 63001]]
0
i. In paragraph (e)(3)(i) introductory text, in the first sentence,
adding the words ``by an accredited veterinarian'' after the words ``of
the stallion'';
0
j. In paragraph (e)(3)(i)(A), by redesignating footnote 7 as footnote
5;
0
k. In paragraph (e)(3)(i)(B), in the first sentence, adding the words
``(for the purposes of this section, the day after the date of breeding
is considered the first day after breeding)'' after the words
``fourteenth day after breeding'';
0
l. Revising paragraph (e)(4)(i);
0
m. In paragraphs (e)(5)(ii) and (iii), redesignating footnotes 8 and 9
as footnotes 6 and 7 respectively;
0
n. Revising paragraph (f)(5)(v);
0
o. In paragraph (f)(10)(i), removing the words ``paragraph (h)(6) or
(h)(7)'' and adding the words ``paragraph (h)(7) or (8)'' in their
place;
0
p. Revising paragraphs (g) introductory text and (g)(1)(iii);
0
q. In paragraph (g)(4), removing the words ``(a) through (c)'' and
adding the words ``(g)(1) through (3)'' in their place;
0
r. Redesignating paragraphs (h)(4) through (7) as paragraphs (h)(5)
through (8), respectively, and adding a new paragraph (h)(4);
0
s. Revising newly redesignated paragraphs (h)(7) and (8);
0
t. Removing paragraph (j); and
0
u. Revising the OMB citation at the end of the section.
The revisions and additions read as follows:
Sec. 93.301 General prohibitions; exceptions.
(a) General prohibitions. * * *
(b) General exceptions. * * *
* * * * *
(e) * * *
(2) * * *
(ii) Stallions and mares must be transported to the approved State
in a sealed vehicle. The seal may be broken only by an APHIS
representative or a State animal health official at the horse's
destination. If an APHIS representative or State animal health official
is unavailable to break the seal due to extenuating circumstances, the
State animal health official may designate the authority to unseal to
an accredited veterinarian and will assume the responsibility for
oversight and recordkeeping.
* * * * *
(4) * * *
(i) Mares to be used to test stallions for CEM shall be permanently
identified before the mares are used for such testing with the letter
``T'' or other permanent identification approved by APHIS on a case-by-
case basis. The marking shall be permanently applied by an inspector, a
State inspector, or an accredited veterinarian who shall use a hot
iron, freezemarking, a lip tattoo, or other APHIS-approved method. If a
hot iron or freezemarking is used, the marking shall not be less than 2
inches (5.08 cm) high and shall be applied to the left shoulder or left
side of the neck of the mare. If a lip tattoo is used, the marking
shall not be less than 1 inch (2.54 cm) high and 0.75 inch (1.9 cm)
wide and shall be applied to the inside surface of the upper lip of the
test mare.
* * * * *
(f) * * *
(5) * * *
(v) While in transit, the horse must be moved in either an aircraft
or a sealed van or trailer. If the horse is moved in a sealed van or
trailer, the seal may be broken only by an APHIS representative or
State animal health official at the horse's destination, except in
situations where the horse's life is in danger.
* * * * *
(g) Special provisions for the importation of horses that have been
temporarily exported to a CEM-affected region. If a horse originating
from the United States has been temporarily exported for not more than
90 days to a CEM-affected region listed under paragraph (c)(1) of this
section and returns to the United States during that time, or if a
horse originating from a non-CEM affected region has been temporarily
exported for not more than 90 days to a CEM-affected region during the
12 months preceding its proposed importation to the United States, the
horse may be eligible for return, or for importation into the United
States, without meeting the requirements of paragraphs (d) through (f)
of this section, under the following conditions:
(1) * * *
(iii) That breeding of the horse, either live or artificial, has
never been attempted, nor has the horse had any other sexual contact or
genital examination while in such region; and
* * * * *
(h) * * *
(4) The State must agree to provide oversight during the test
breeding of quarantined stallions.
* * * * *
(7) A list of States approved by APHIS to receive stallions over
731 days of age imported under paragraph (e) of this section is
maintained on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Copies of the list will
also be available via postal mail, fax, or email upon request to Live
Animal Imports, Veterinary Services, Animal and Plant Health Inspection
Service, 4700 River Road Unit 38, Riverdale, MD 20737.
(8) A list of States approved by APHIS to receive mares over 731
days of age imported under paragraph (e) of this section is maintained
on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Copies of the list will also be
available via postal mail, fax, or email upon request to Live Animal
Imports, Veterinary Services, Animal and Plant Health Inspection
Service, 4700 River Road Unit 38, Riverdale, MD 20737.
* * * * *
\3\ See footnote 2 of this section.
(Approved by the Office of Management and Budget under control
numbers 0579-0040, 0579-0165, 0579-0324, and 0579-0485)
0
4. Amend Sec. 93.302 by:
0
a. Redesignating paragraphs (a) through (d) as paragraphs (b) through
(e), respectively, and adding a new paragraph (a); and
0
b. Adding a heading to newly redesignated paragraph (e).
The additions read as follows:
Sec. 93.302 Inspection of certain aircraft and other means of
conveyance and shipping containers thereon; unloading, cleaning, and
disinfection requirements.
(a) Shipping container requirements. Shipping containers used to
transport live equine(s) to the United States must meet the following
requirements:
(1) Containers must be new or cleaned and disinfected in a manner
that sufficiently reduces the risk of introduction or dissemination of
any pests or diseases of livestock into the United States.
(2) Containers must be of sufficient size and construction to
reasonably assure that live equine(s) are transported safely.
(3) Stocking density of live equine(s) must not be to an extent
that impinges on the animals' safety during transportation.
(4) Guidance on how to meet these requirements may be found in the
Live Animals Regulations (LAR), as amended, published by the
International Air Transport Association (IATA) or the Terrestrial
Animal Health Code published by the World Organization for Animal
Health (WOAH). The Administrator may also approve alternative guidance
than that described in the LAR or the Terrestrial Animal Health Code.
* * * * *
(e) Shipping container. * * *
0
5. Amend Sec. 93.303 by:
0
a. In paragraph (a), removing the words ``these stations'' and adding
in
[[Page 63002]]
their place the words ``the following station(s)'', and removing the
words ``Los Angeles, California; Miami, Florida; and'';
0
b. Revising paragraphs (b), (c), and (d); and
0
c. In paragraph (e), adding a sentence after the last sentence and
redesignating footnote 10 as footnote 1.
The revisions and addition read as follows:
Sec. 93.303 Ports designated for the importation of horses.
* * * * *
(b) Canadian border ports. Land border ports designated for the
entry of horses from Canada may be found on the APHIS website at
www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Changes to the list of approved ports will be announced
through notices published in the Federal Register.
(c) Mexican border ports. Land border ports designated for the
entry of horses from Mexico may be found on the APHIS website at
www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Changes to the list of approved ports will be announced
through notices published in the Federal Register.
(d) Limited ports. Certain ports are designated as having
inspection facilities for the entry of horses and horse products such
as horse test specimens which do not appear to require restraint and
holding inspection facilities. These ports may be found on the APHIS
website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Changes to the list of approved ports will be
announced through notices published in the Federal Register.
(e) * * * These ports may be found on the APHIS website at
www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine.
* * * * *
0
6. Amend Sec. 93.304 by:
0
a. Revising the section heading;
0
b. In paragraph (a)(1)(i), in the first sentence, adding the words ``or
transiting'' after the words ``For horses from'', adding the words
``Federal quarantine or'' after the words ``quarantine at a'', and
removing the text ``except as otherwise provided for in Sec. Sec.
93.315, 93.319, and 93.321,'', and in the next to last sentence, adding
the words ``, or other attestation regarding the health of the
animals'' after the word ``subjected''; and
0
c. Revising the OMB citation at the end of the section.
The revisions read as follows:
Sec. 93.304 Import permits for horses and for horse specimens for
diagnostic purposes; reservation fees for space at quarantine
facilities maintained by APHIS.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 0579-0040, 0579-0324, and 0579-0485)
Sec. 93.306 [Amended]
0
7. Amend Sec. 93.306 by adding the words ``, to include horses dead
upon presentation and horses arriving in the same shipment as such
horses,'' after the words ``all other horses'' in the second sentence.
0
8. Revise Sec. 93.307 to read as follows:
Sec. 93.307 Articles accompanying horses.
No litter or manure, fodder or other aliment, nor any equipment
such as boxes, buckets, ropes, chains, blankets, or other things used
for or about horses governed under any law or regulation administered
by the Secretary of Agriculture for prevention of the introduction or
dissemination of any pests or diseases of livestock, shall be landed
from any conveyance except under such restrictions as the inspector in
charge at the port of entry shall direct.
0
9. Amend Sec. 93.308 by:
0
a. Revising paragraphs (a)(1) and (a)(2) introductory text;
0
b. Redesignating paragraphs (a)(3) and (4) as paragraphs (a)(4) and
(5), respectively, and adding a new paragraph (a)(3);
0
c. In newly redesignated paragraph (a)(4), redesignating footnote 11 as
footnote 1 and revising newly redesignated footnote 1;
0
d. In paragraph (b) introductory text, adding the words ``, except
horses originating from regions in which Venezuelan equine
encephalomyelitis or screwworm is declared to exist,'' after the
citation ``Sec. 93.303(e)'';
0
e. In paragraph (b)(2)(i), redesignating footnote 12 as footnote 2;
0
f. In paragraph (c)(1)(iv)(B), redesignating footnote 13 as footnote 3;
0
g. In paragraph (c)(4)(v)(B), removing ``(a)(4)'' and adding ``(a)(5)''
in its place; and
0
h. Revising the OMB citation at the end of the section.
The revisions and addition read as follows:
Sec. 93.308 Quarantine requirements.
(a) * * *
(1) Except as provided in Sec. Sec. 93.317 (horses from Canada)
and 93.324 (horses from Mexico), horses intended for importation from
regions that APHIS considers to be affected with Venezuelan equine
encephalomyelitis shall be quarantined at a port designated in Sec.
93.303 to be evaluated for signs of Venezuelan equine
encephalomyelitis. Each horse must be accompanied at the time of
importation by an import permit in accordance with Sec. 93.304.
(i) A list of regions that APHIS considers affected with Venezuelan
equine encephalomyelitis is maintained on the APHIS website at
www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of
the list can be obtained via postal mail or email upon request to
Regionalization Evaluation Services, Strategy and Policy, Veterinary
Services, Animal and Plant Health Inspection Service, 4700 River Road
Unit 38, Riverdale, Maryland 20737; [email protected].
(ii) APHIS will add a region to the list upon determining that the
disease exists in the region based on reports APHIS receives of
outbreaks of the disease from veterinary officials of the exporting
country, from the World Organization for Animal Health (WOAH), or from
other sources the Administrator determines to be reliable. APHIS will
remove a region from the list after conducting an evaluation of the
region in accordance with Sec. 92.2 of this subchapter and finding
that the disease is not present in the region. In the case of a region
formerly not on this list that is added due to an outbreak, the region
may be removed from the list in accordance with the procedures for
reestablishment of a region's disease-free status in Sec. 92.4 of this
subchapter.
(2) Horses intended for importation from regions APHIS considers to
be affected with African horse sickness may enter the United States
only at the port of New York, and must be quarantined at the New York
Animal Import Center in Newburgh, New York, for at least 60 days. This
restriction also applies to horses that have stopped in or transited a
region considered affected with African horse sickness. Each horse must
be accompanied at the time of importation by an import permit in
accordance with Sec. 93.304.
* * * * *
(3) Horses from regions where APHIS considers screwworm to exist
may be imported into the United States only if they meet the
requirements in paragraphs (a)(3)(i) through (vii) of this section,
obtain an import permit in accordance with Sec. 93.304, and meet all
[[Page 63003]]
other applicable requirements of this part. A list of regions where
screwworm is considered to exist is maintained on the APHIS website at
www.aphis.usda.gov/animalhealth/disease-status-of-regions. Copies of
the list will also be available via postal mail, fax, or email upon
request to the Regionalization Evaluation Services, Strategy and
Policy, Veterinary Services, Animal and Plant Health Inspection
Service, 4700 River Road Unit 38, Riverdale, MD 20737;
[email protected]. APHIS will add a region to the list upon
determining that screwworm exists in the region based on reports APHIS
receives of detections of the pest from veterinary officials of the
exporting country, from WOAH, or from other sources the Administrator
determines to be reliable. APHIS will remove a region from the list
after conducting an evaluation of the region in accordance with Sec.
92.2 of this subchapter and finding that screwworm is not present in
the region. In the case of a region formerly not on this list that is
added due to a detection, the region may be removed from the list in
accordance with the procedures for reestablishment of a region's
disease-free status in Sec. 92.4 of this subchapter.
(i) A veterinarian must treat horses with ivermectin 3 to 5 days
prior to the date of export to the United States according to the
recommended dose prescribed on the product's label.
(ii) Horses must be examined for screwworm by a full-time salaried
veterinary official of the exporting country within 24 hours prior to
shipment to the United States. The official must fully examine the
horses, including their external genitalia. If horses are found to be
infested with screwworm, they must be treated until free from
infestation.
(iii) At the time horses are loaded onto a means of conveyance for
export, a veterinarian must treat any visible wounds on the animals
with a solution of coumaphos dust at a concentration of 5 percent
active ingredient.
(iv) Horses must be accompanied to the United States by a
certificate signed by a full-time salaried veterinary official of the
exporting country. The certificate must state that the horses,
including their external genitalia, have been thoroughly examined and
found free of screwworm and that the horses have been treated in
accordance with paragraphs (a)(3)(i) and (iii) of this section.
(v) Horses must be quarantined upon arrival in the United States at
a port designated in Sec. 93.303 for at least 7 days.
(vi) Horses must be examined for screwworm by a veterinarian within
24 hours after arrival at a port designated in Sec. 93.303. The
examining veterinarian must examine horses, including their external
genitalia, to determine whether the horse is infested with screwworm.
(vii) Horses must be held at the animal import center for a minimum
of 7 days. On day 7, prior to the horses' release, the horses must be
examined by a veterinarian at the expense of the owner or broker. For
this examination, male horses must be tranquilized or sedated so that
the external genitalia of the horses can be thoroughly examined. If
screwworm is found during this examination, the horses must be held in
quarantine and treated until free of infestation.
* * * * *
\1\ Protocols for testing equines in import quarantine are
available on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine/guidelines-docs-related-to-importing-equine.
(Approved by the Office of Management and Budget under control
numbers 0579-0313 and 0579-0485)
0
10. Amend Sec. 93.314 by:
0
a. Revising paragraphs (a) introductory text and (a)(1);
0
b. Redesignating paragraphs (a)(4) and (5) as paragraphs (a)(6) and
(7), respectively, and adding new paragraphs (a)(4) and (5);
0
c. Revising newly redesignated paragraph (a)(7)(i);
0
d. Adding paragraph (d); and
0
e. Adding an OMB citation at the end of the section.
The revisions and additions read as follows:
Sec. 93.314 Horses, certification, and accompanying equipment.
(a) Horses offered for importation from any part of the world shall
be accompanied by an original certificate endorsed by a salaried
veterinary officer of the national government of the region of origin,
or if exported from Mexico, shall be accompanied either by such a
certificate or by a certificate issued by a veterinarian accredited by
the National Government of Mexico and endorsed by a full-time salaried
veterinary officer of the National Government of Mexico, thereby
representing that the veterinarian issuing the certificate was
authorized to do so. The certificate shall specify the name and address
of the importer; the species, breed, number or quantity of horses or
horse test specimens to be imported; the purpose of the importation;
individual horse identification which requires a description of the
horse, name, age, markings and, when present, registration number,
tattoo, microchip, eartag, brand, if any; the region and premises of
origin; the name and address of the exporter; and the destination
address for release into the United States; and shows that:
(1) The horses described in the certificate have been in said
region during the 60 days preceding exportation, or, for horses
described in Sec. 93.301(g), for the duration of their temporary
exportation to each CEM-affected region;
* * * * *
(4) The horse, if applicable, has not been gelded during the 14
days preceding exportation;
(5) The horse will be accompanied by documentation of pre-export
examination occurring within 48 hours of departure from the port of
embarkation endorsed by a salaried veterinary medical officer;
* * * * *
(7) * * *
(i) The horses, except horses described in Sec. 93.301(d), (e),
and (f), have not been in any region listed in accordance with Sec.
93.301(c)(1) on the APHIS website as affected with CEM during the 12
months immediately prior to their importation into the United States;
* * * * *
(d) For purposes of this section, the term ``original'' means
documentation is prepared and issued directly from the national
government of the region of origin or annotated by the national
government of the region of origin to indicate how the documentation
may be verified. Any declaration, permit, or other required document
for horses may be issued and presented using a United States Government
electronic information exchange system or other method authorized by
APHIS.
(Approved by the Office of Management and Budget under control
number 0579-0485)
Subpart C--[Amended]
0
11. In each undesignated center heading in subpart C listed in the
first column, redesignate the footnote number in the second column as
the footnote number in the third column:
[[Page 63004]]
----------------------------------------------------------------------------------------------------------------
Undesignated center heading in subpart C Old footnote New footnote
----------------------------------------------------------------------------------------------------------------
Canada.................................................................... 16 1
Central America and West Indies........................................... 17 1
Mexico.................................................................... 18 1
----------------------------------------------------------------------------------------------------------------
0
12. Amend Sec. 93.317 by:
0
a. Revising paragraph (a); and
0
b. Redesignating paragraph (c) as paragraph (d) and adding a new
paragraph (c).
The revision and addition read as follows:
Sec. 93.317 Horses from Canada.
(a) Except as provided in paragraph (d) of this section, horses
from Canada shall be inspected as provided in Sec. 93.306 and
accompanied by a certificate as required by Sec. 93.314, which shall
include evidence of a negative test for equine infectious anemia for
which blood samples were drawn during the 180 days preceding
exportation to the United States and which test was conducted in a
laboratory approved by the Canada Department of Agriculture or the
United States Department of Agriculture. Horses accompanying their
dams, which were foaled after their dam was so tested negative, need
not be so tested and shall otherwise be handled as provided in Sec.
93.314. Certificates required for horses from Canada must be issued and
endorsed by a salaried veterinarian of the Canadian Government. USDA
veterinary port inspection is not required for horses imported from
Canada under temporary Customs authorization for a period of 30 days
from the date of issue of the certificate and the certificate issued is
valid for an unlimited number of importations into the United States
during the 30-day period.
* * * * *
(c) Any horse imported into the United States from Canada through
air or ocean ports of entry must obtain an import permit under Sec.
93.304 and shall otherwise be handled as provided in Sec. Sec. 93.305
and 93.314.
* * * * *
0
13. Revise Sec. 93.319 to read as follows:
Sec. 93.319 Import permit and declaration for horses.
For all horses offered for importation from or transiting through
regions of Central America or of the West Indies, the importer or his
or her agent shall have obtained an import permit under Sec. 93.304
and shall present two copies of a declaration as provided in Sec.
93.305.
(Approved by the Office of Management and Budget under control
number 0579-0485)
Sec. 93.320 [Amended]
0
14. Amend Sec. 93.320 by adding the words ``or transiting through''
after the word ``from'' in the section heading and the first sentence.
0
15. Amend Sec. 93.321 by adding a sentence after the last sentence and
an OMB citation at the end of the section to read as follows:
Sec. 93.321 Import permits and applications for inspection for
horses.
* * * Horses quarantined at a U.S. facility designated in Sec.
93.303 must obtain an import permit under Sec. 93.304.
(Approved by the Office of Management and Budget under control
number 0579-0485)
0
16. Amend Sec. 93.324 by redesignating footnote 19 as footnote 1 and
revising it to read as follows:
Sec. 93.324 Detention for quarantine.
* * * * *
\1\ Protocols for testing equines in import quarantine are
available on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine/guidelines-docs-related-to-importing-equine.
Done in Washington, DC, this 8th day of September 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-19864 Filed 9-13-23; 8:45 am]
BILLING CODE 3410-34-P
