[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Proposed Rules]
[Pages 44097-44111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16337]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 99-012-1]


Standards for Permanent, Privately Owned Horse Quarantine 
Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations pertaining to the 
importation of horses to establish standards for the approval of 
permanent, privately owned quarantine facilities for horses. We are 
taking this action because recent demand for quarantine services for 
horses has exceeded the space available at existing facilities. We 
believe that allowing imported horses to be quarantined in permanent, 
privately owned horse quarantine facilities that meet these criteria 
would facilitate the importation of horses while continuing to protect 
against the introduction of communicable diseases of horses.

DATES: We will consider all comments that we receive by August 30, 
2002.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 99-012-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 99-012-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Bischoff, Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 govern the importation into the 
United States of specified animals and animal products in order to help 
prevent the introduction of various animal diseases into the United 
States. The regulations in part 93 require that some of these animals 
be quarantined upon arrival in the United States as a condition of 
entry. APHIS operates animal quarantine facilities and authorizes the 
use of privately owned quarantine facilities for certain animal 
importations. The regulations in part 93 currently contain requirements 
for the approval of various privately owned quarantine facilities. The 
regulations at subpart C of part 93 (9 CFR 93.300 through 93.326, 
referred to below as the regulations) pertain to the importation of 
horses and include requirements for privately owned quarantine 
facilities for horses. These requirements are for the approval and 
establishment of temporary quarantine facilities for the purpose of 
quarantining imported horses for a specific event.
    In addition to operating Federal animal quarantine facilities and 
authorizing the operation of temporary, privately owned quarantine 
facilities for horses, APHIS currently authorizes the operation of one 
permanent, privately owned animal import quarantine facility, located 
in Los Angeles County, CA.
    The demand for import quarantine facilities for horses has risen in 
recent years as the amount of trade between the United States and other 
countries has risen. From 1992 to 1999, the number of horses imported 
annually into the United States increased substantially. In some cases, 
the demand for quarantine services for horses has exceeded the space 
available at existing facilities. In addition, in some locations, such 
as Hawaii and Puerto Rico, no facilities exist for quarantining 
imported horses. The demand for quarantine services for horses cannot 
always be filled by temporary, privately owned quarantine facilities 
because such facilities are established, approved, and operated by 
importers on a temporary basis to handle only horses imported for a 
unique importation, race, or show.
    As a result of the increasing demand for quarantine space for 
imported horses and a request from the horse industry to establish 
standards for permanent, privately owned horse quarantine facilities, 
we are proposing to establish requirements in the regulations for the 
approval and operation of such facilities. We have considered the

[[Page 44098]]

possible need for permanent, privately owned quarantine facilities for 
horses in the past. On September 6, 1989, we published in the Federal 
Register (54 FR 36986-36996, Docket No. 85-061) a proposed rule that 
would have (1) allowed the operation of permanent, privately owned 
quarantine facilities for horses; (2) added new requirements for the 
approval of temporary, privately owned quarantine facilities for 
horses; and (3) required payment from each privately owned quarantine 
facility for services provided by APHIS at the facility. These changes 
would have been made in 9 CFR part 92; however, a 1990 final rule 
reorganized part 92, and the proposed provisions were no longer 
consistent with the new format of the part. Because of this 
inconsistency and for other reasons, we withdrew the proposed rule and 
reopened the issue for public discussion in a notice of withdrawal and 
an advance notice of proposed rulemaking published in the Federal 
Register on February 26, 1996 (61 FR 7079, Docket No. 95-084-1). Then, 
on May 6, 1996, we published a notice (61 FR 20189-20190, Docket No. 
95-084-2) that we were reopening and extending the public comment 
period established by the advance notice of proposed rulemaking and 
holding a public meeting on May 17, 1996, regarding the issue of 
permanent, privately owned quarantine facilities for horses.
    We received 10 comments during the 2 comment periods and at the 
public meeting just described. Some commenters supported the concept of 
permanent, privately owned quarantine facilities for horses, and some 
commenters were opposed. We have considered the comments and have 
decided to propose regulations that would allow the establishment of 
permanent, privately owned horse quarantine facilities that would 
operate under the strict oversight of an APHIS veterinarian. We believe 
that these facilities would provide an effective and efficient means of 
bringing horses into the United States without compromising our ability 
to protect against the introduction of communicable diseases of horses.
    We intend to maintain the current requirements in the regulations 
for the approval of temporary, privately owned quarantine facilities 
for horses. We believe that these requirements are sufficient for 
facilities that are intended to quarantine horses imported only for a 
particular event. Temporary facilities are generally used to quarantine 
small numbers of animals in a single group and are in operation only a 
short period of time before all the animals are removed and the 
facility is closed.
    We are proposing to add requirements to the regulations for the 
establishment and approval of permanent, privately owned quarantine 
facilities for horses. These requirements are designed to maintain the 
same biological security standards that are currently employed in other 
APHIS-approved permanent quarantine facilities.
    We believe that the permanent, privately owned facilities must be 
designed, equipped, and monitored similarly to APHIS quarantine 
facilities in order to provide sufficient protection against the 
introduction of disease. Like an APHIS facility, a permanent, privately 
owned quarantine facility could be occupied on a continuing basis by a 
large number of horses in different lots.\1\ Therefore, the risk of 
disease spread within and from permanent facilities would be different 
than the risk at temporary facilities. These differences dictate that 
security measures must be tighter, and disease detection and prevention 
measures must be different, at permanent facilities than at temporary 
ones. While the requirements for temporary facilities allow for 
variation in the physical plants, the proposed requirements for 
permanent facilities would ensure a greater degree of consistency in 
the physical plants of those facilities. Such consistency should help 
ensure a greater degree of biosecurity. The full text of the proposed 
regulations appears in the rule portion of this document. Our 
discussion of the proposed provisions follows.
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    \1\ Under this proposed rule, APHIS would also approve 
permanent, private facilities that are equipped to handle only one 
lot of horses at a time.
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Definitions

    We are proposing to add to Sec. 93.300 definitions for the terms 
permanent, privately owned quarantine facility and temporary, privately 
owned quarantine facility to make clear the differences between the two 
types of facilities. A permanent, privately owned quarantine facility 
would be one that offers quarantine services for horses to the general 
public on a continuing basis and that is owned by an entity other than 
the Federal Government. A temporary, privately owned quarantine 
facility would be one that offers quarantine services for a special 
event and that is owned by an entity other than the Federal Government. 
Throughout the rest of this document, use of the term ``permanent 
facility'' means a permanent, privately owned quarantine facility for 
horses, and use of the term ``temporary facility'' means a temporary, 
privately owned quarantine facility for horses.
    We are proposing to revise the definition for operator contained in 
Sec. 93.300. Operator is currently defined for the purposes of 
Sec. 93.308 as ``any person operating an approved quarantine 
facility.'' The revised definition of operator would be ``a person 
other than the Federal government who owns or operates a temporary, 
privately owned quarantine facility or a permanent, privately owned 
quarantine facility.'' We are proposing this change because we want to 
emphasize that, although private entities would own these facilities, 
they would be subject to APHIS approval and oversight.
    We would also add definitions for the terms lot, lot-holding area, 
quarantine area, and nonquarantine area. We would define a lot of 
horses as a group of horses that, while held on a conveyance or 
premises, have had opportunity for physical contact with other horses 
in the group or with their excrement or discharges at any time during 
their shipment to the United States. A lot-holding area would be an 
area in a facility in which a single lot of horses is held at one time. 
The quarantine area of a facility would be the area of a facility that 
comprises all of the lot-holding areas in the facility and any other 
areas that the horses have access to, including loading docks for 
receiving and releasing horses. The quarantine area would also include 
any areas in the facility that are used to conduct examinations of 
horses and take samples or areas where samples are processed and 
examined. The nonquarantine area of a facility would include the area 
in a permanent, privately owned quarantine facility that includes 
offices, storage areas, and other areas outside the quarantine area, 
and that is off limits to horses, samples taken from horses that have 
not yet been prepared or packaged for shipment to laboratories, and any 
other objects or substances that have been in the quarantine area 
during quarantine of horses.

Nonsubstantive Changes

    The requirements for temporary facilities are currently located in 
Sec. 93.308 (b) and (c). Although we are not proposing to make any 
substantive changes to these requirements, we are proposing to make 
some nonsubstantive changes to update the language. We are also 
proposing to combine paragraphs (b) and (c), so that all of the 
requirements pertaining to the establishment and operation of

[[Page 44099]]

temporary facilities are located in paragraph (b). We would place the 
proposed regulations pertaining to permanent facilities in the newly 
vacated Sec. 93.308(c). Those regulations are described below. In 
addition, we are proposing to revise the heading for Sec. 93.309 to 
indicate more clearly that the section pertains to payment information 
for use of all quarantine facilities, including privately owned 
temporary and permanent quarantine facilities, and quarantine 
facilities owned by APHIS. The section heading currently reads ``Horse 
quarantine facilities''; we believe a more helpful heading would be 
``Horse quarantine facilities; payment information.'' Therefore, as 
proposed, Sec. 93.308(a) would contain general information about 
quarantine requirements for imported horses; Sec. 93.308(b) would 
contain requirements for temporary facilities; Sec. 93.308(c) would 
contain requirements for permanent facilities; and Sec. 93.309 would 
contain information about payment for services provided at all 
quarantine facilities.
    Section 93.303 of the regulations pertains to ports designated for 
the importation of horses. Paragraph (e) of that section pertains to 
ports used by persons who quarantine horses at temporary facilities. 
The paragraph heading in Sec. 93.303(e) currently reads ``Ports and 
quarantine facilities provided by the importer for horses.'' We are 
proposing to revise the paragraph heading because the owner of a 
permanent facility would not necessarily be the importer of the horses 
quarantined at the facility. The new paragraph heading for 
Sec. 93.303(e) would read ``Ports for horses to be quarantined at 
privately owned quarantine facilities.''
    Section 93.304 contains permit requirements for horses imported 
from certain regions. Paragraphs (a) and (a)(2) contain references to 
quarantine facilities provided by importers of horses. Since, in all 
cases, such facilities would be privately-owned facilities, we are 
proposing to revise those paragraphs to make it clear that they refer 
to privately-owned quarantine facilities. We are also proposing to 
clarify that under paragraph (a)(2), applications for permits to import 
horses from certain regions or horses intended for quarantine at 
privately-owned quarantine facilities may be denied for the various 
reasons described in that paragraph.

Proposed Requirements for Permanent Facilities

    We are proposing to add to the regulations information about how to 
apply for approval of a permanent facility and information concerning 
denial and withdrawal of approval. Owners of any currently approved 
quarantine facilities, whether temporary or permanent, who wish to 
convert to, or be recognized as, a permanent facility would need to 
meet the proposed requirements for permanent facilities described below 
and apply for approval as a permanent facility. Such facilities would 
need to be approved to operate by APHIS by the effective date of the 
final rule for this action, if it is adopted, in order to continue 
quarantine operations.

Approval of Permanent Facilities

Application Process

    The proposed regulations explain how to apply for approval of a 
permanent facility. Under the proposed regulations, interested persons 
would be required to write to the Administrator, c/o National Center 
for Import and Export, Veterinary Services, APHIS, 4700 River Road, 
Unit 39, Riverdale, MD 20737-1231. The application letter would be 
required to include:
     The full name and mailing address of the applicant.
     The location and street address of the facility for which 
approval is sought.
     Blueprints for the facility.
     A description of the financial resources available for 
construction, operation, and maintenance of the facility.
     The anticipated source or origin of horses to be 
quarantined as well as the expected size and frequency of shipments.
     A contingency plan for the possible disposal of all the 
horses capable of being housed in the facility.
    If APHIS determines that a submitted application is complete and 
merits further consideration, we would require that the person applying 
for facility approval enter into a compliance agreement with APHIS 
wherein the applicant agrees to pay the cost of all APHIS services \2\ 
associated with APHIS's evaluation of the application and facility. 
This compliance agreement applies only to fees accrued during the 
application process.\3\
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    \2\ APHIS charges for evaluation services at hourly rates in 9 
CFR 130.30.
    \3\ If the facility is approved by APHIS, faciity owners must 
enter into a new compliance agreement in accordance with 
Sec. 93.308(c)(2) of the proposed regulations.
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    Requests for approval would be required to be submitted to APHIS at 
least 120 days prior to the date of application for local building 
permits in order to ensure that APHIS has adequate time to evaluate the 
plans for the facility, assess potential environmental effects, and 
determine that adequate APHIS personnel are available to staff the 
facility.
    Requests for approval of a proposed facility would be evaluated on 
a first-come, first-served basis.

Approval Requirements

    The proposed regulations also list the basic criteria that a 
permanent facility must meet to be approved by APHIS. Under the 
regulations, a permanent facility would be required to meet all the 
requirements in Sec. 93.308(c). The facility would also be required to 
meet any additional requirements that may be imposed by the 
Administrator to ensure that the quarantine is adequate to enable 
determination of the horses' health status, as well as to prevent the 
transmission of diseases into, within, and from the facility. These 
additional requirements would be specified in the compliance agreement 
required under Sec. 93.308(c)(2). Also, under the proposed regulations, 
APHIS would need to find, based on an environmental analysis, that the 
operation of the facility would not have significant environmental 
effects.
    We are proposing that, to be approved as a permanent facility, the 
Administrator must determine that sufficient APHIS personnel (including 
veterinarians and animal health technicians) are available to ensure 
the biological security of the facility. Therefore, if a facility met 
all of the other proposed requirements and APHIS personnel were 
available, then APHIS would approve the facility and assign personnel 
to it. Because the assignment of APHIS personnel would be handled on a 
``first-come, first-served'' basis, the deployment of APHIS personnel 
at one permanent facility might result in another facility not being 
approved for lack of necessary APHIS personnel. The Administrator would 
have sole discretion in determining the number of APHIS personnel to be 
assigned to the facility.
    The proposed regulations also include procedures for denying or 
withdrawing approval of permanent facilities if any provision of the 
regulations is not met. The regulations would also establish due 
process procedures regarding a denial or withdrawal of approval and an 
opportunity for a hearing when there is a dispute of material fact 
regarding the denial or withdrawal. In addition, approval would be 
withdrawn automatically by the Administrator when the owner notifies, 
in writing, the veterinarian in charge for the State in

[[Page 44100]]

which the facility is located that the facility is no longer in 
operation.
    Under the proposed regulations, the approval of a permanent 
facility may be denied or withdrawn if:
     Any requirement of this section or the compliance 
agreement is not complied with.
     The operator fails to pay for APHIS services rendered.
     The operator or a person responsibly connected with the 
business of the permanent facility is or has been convicted of any 
crime under any law regarding the importation or quarantine of any 
animal.
     The operator or a person responsibly connected with the 
business of the permanent facility is or has been convicted of any 
crime involving fraud, bribery, or extortion or any other crime 
involving a lack of integrity needed for the conduct of operations 
affecting the importation of animals.
     The approved permanent facility has not been in use to 
quarantine horses for a period of at least 1 year.
    The proposed regulations would provide that a person is responsibly 
connected with the business of the permanent facility if the person has 
an ownership, mortgage, or lease interest in the facility's physical 
plant, or if such person is a partner, officer, director, holder or 
owner of 10 percent or more of its voting stock, or an employee in a 
managerial or executive capacity for the operation of the permanent 
facility.

Compliance Agreement

    We are proposing to prohibit any facility from operating as a 
permanent facility unless the facility is operated in accordance with a 
compliance agreement executed by the owner and by the APHIS 
Administrator that must be renewed on an annual basis. The compliance 
agreement would provide that the facility is required to meet all 
applicable requirements of Sec. 93.308 of the regulations and that the 
facility's quarantine operations are subject to the strict oversight of 
APHIS representatives. The compliance agreement would also state that 
the operator of the facility agrees to be responsible for all the costs 
associated with operating a permanent facility, including:
     All costs associated with its maintenance and operation;
     All costs associated with the hiring of employees and 
other personnel to attend to the horses as well as to maintain and 
operate the facility;
     All costs associated with the care of quarantined horses, 
such as feed, bedding, medicines, inspections, testing, laboratory 
procedures, and necropsy examinations; and
     All APHIS charges for the services of APHIS 
representatives in accordance with 9 CFR part 130.
    The compliance agreement would also state that the operator agrees 
to bar from the facility any employee or other personnel at the 
facility who fail to comply with the proposed regulations in 
Sec. 93.308 (c), other regulations of 9 CFR part 93, any terms of the 
compliance agreement, or related instructions from APHIS 
representatives.

Physical Plant Requirements

    The proposed requirements for the physical plant of permanent 
facilities are designed to ensure that permanent facilities are capable 
of operating in accordance with the regulations to prevent the spread 
of diseases to horses in different lots within a permanent facility or 
outside a permanent facility.

Location

    To minimize the risk of disease introduction from imported horses 
moving from the port of entry to the permanent facility, we are 
proposing to require that the facility be located in proximity to a 
port authorized under Sec. 93.303(e) such that the Administrator is 
able to determine that the movement of horses from the port to the 
permanent facility poses no significant risk of transmitting 
communicable diseases of animals to the domestic animal population. 
While requiring that a permanent facility be within proximity of the 
port, we decided for several reasons not to require that the port and 
the facility be located within a certain distance of one another. Some 
ports will be in large metropolitan areas with the nearest 
concentration of livestock many miles away. Other ports may be in towns 
with rural areas and concentrations of livestock within a very short 
distance of the port. Considering the diversity of places in which 
persons may consider locating permanent facilities, it would be 
difficult to stipulate a maximum distance from the port of entry.
    We are further proposing to require that the facility be located at 
least one-half mile from any premises holding livestock or horses. We 
believe that this distance would be sufficient to prevent the aerosol 
transmission of various infectious diseases of horses and other 
livestock.
    The specific routes for the movement of horses from the port to the 
permanent facility would have to be approved by the Administrator. In 
evaluating the suitability of a particular site for a permanent 
facility, the Administrator would consider whether the movement of 
horses from the port of entry to the proposed facility would pose any 
significant risk for transmitting communicable livestock diseases.

Construction

    We are proposing to require that the facility be of sound 
construction, in good repair, and properly designed to prevent the 
escape of horses from quarantine. The facility would be required to 
have the capacity to receive and house a shipment of horses as a lot on 
an ``all-in, all-out'' basis.
    In order to ensure the integrity of quarantine operations, we are 
proposing to require that the facility be enclosed by a security fence 
that can reasonably be expected to prevent unauthorized persons, 
horses, and other animals from outside the facility from having contact 
with horses quarantined in the facility.
    We would also require that all entryways into the nonquarantine 
area of the facility be equipped with a secure and lockable door. 
Further, while horses are in quarantine, all access to the quarantine 
area for horses would need to be from within the building, and each 
such entryway to the quarantine area would be required to be equipped 
with a series of solid self-closing double doors. Further, entryways to 
each lot-holding area would have to be equipped with a solid lockable 
door. Emergency exits would be permitted in the quarantine area but 
such exits would be required to be constructed so as to permit their 
opening only from the inside of the facility in order to ensure the 
security of the horses in quarantine and the integrity of quarantine 
operations.
    We propose to require that the facility be constructed so that any 
windows or other openings in the quarantine area are double-screened 
with screening of sufficient gauge and mesh to prevent the entry or 
exit of insects and other vectors of diseases of horses. The screens 
would need to be easily removable for cleaning, but otherwise secure 
enough to ensure the biological security of the facility.
    The facility would need to have adequate lighting throughout, 
including in stalls and hallways, for the purpose of examining horses 
and conducting necropsies.
    The facility would need to have two separate loading docks: One 
that is part of the quarantine area and that is used for receiving and 
releasing horses, and one that is part of the nonquarantine area and 
that is used for general receiving and pickup.

[[Page 44101]]

    We would also require that the facility be constructed so that the 
floor surfaces with which horses have contact are nonslip and wear-
resistant. All floor surfaces with which the horses, their excrement, 
or discharges have contact would have to provide for adequate drainage, 
and drains would be required to be at least 8 inches in diameter. All 
floor and wall surfaces with which the horses, their excrement, or 
discharges have contact would have to be impervious to moisture and be 
able to withstand frequent cleaning and disinfection without 
deterioration. Other ceiling and wall surfaces with which the horses, 
their excrement, or discharges do not have contact would have to be 
able to withstand cleaning and disinfection between shipments of 
horses. The cleaning and disinfection of all of these surfaces would 
help ensure that disease agents would not be spread from one lot of 
horses to another. We would further require that surfaces with which 
the horses could have contact must not have any sharp edges that could 
cause injury to the horses.
    The facility would need to be constructed so that different lots of 
horses held at the facility at the same time would be separated by 
physical barriers in such a manner that horses in one lot could not 
have physical contact with horses in another lot or with the excrement 
or discharges of horses in another lot. In addition, we would require 
that permanent facilities include stalls capable of isolating any 
horses exhibiting signs of illness. These provisions would help ensure 
that horses infected with or exposed to disease do not spread the 
disease or expose other horses in the facility to the disease.
    To prevent dissemination of disease via persons at the facility, we 
are proposing to require that the facility contain showers for use 
before entering and after exiting the areas where the horses are 
maintained. Our requirements concerning showers would depend on the 
configuration of the quarantine area. In those facilities where it is 
possible to move from the nonquarantine area into any lot-holding area 
without passing through another lot-holding area, we would require that 
a shower be located at the entrance to the quarantine area. In those 
facilities where it is not possible to move to certain lot-holding 
area(s) except by passing through another lot-holding area, we would 
require that a shower be located at the entrance to each lot-holding 
area. A shower would also be needed at the entrance to the necropsy 
area (see description of necropsy area below). We would also require 
that a clothes-storage and clothes-changing area be provided at each 
end of each shower area, and that there be one or more receptacles near 
each shower so that clothing that has been worn into a lot-holding area 
or elsewhere in the quarantine area can be deposited in the 
receptacle(s) prior to entering the shower.
    Because of the need for APHIS representatives assigned to a 
permanent facility to examine horses and draw samples for testing, we 
would require that permanent facilities contain adequate space for 
these purposes, and that the space include equipment to provide for the 
safe inspection of horses (i.e., restraining stocks). The facility 
would need to include adequate storage space for the necessary 
equipment and supplies, work space for preparing and packaging samples 
for mailing, and storage space for duplicate samples. Moreover, we 
would require that adequate storage space for supplies and equipment be 
provided for each lot of horses. A separate storage space for each lot 
of horses would help ensure that equipment used on a horse in one lot 
would not come into contact with horses from another lot or with 
equipment used on those other horses. Such contact could spread disease 
between lots of horses. We would further require that the facility 
include a secure, lockable office space with enough room to contain a 
desk, chair, and filing cabinet for APHIS use.
    We would require that the facility contain a necropsy area and that 
a shower be located at the entrance to the necropsy area. The necropsy 
area would have to provide sufficient space and light to conduct an 
adequate necropsy of a horse and would have to be equipped with hot and 
cold running water, a drain, a cabinet for storing instruments, a 
refrigerator-freezer for storing laboratory specimens, and an autoclave 
to sterilize veterinary equipment. Providing for necropsies within the 
facility would reduce the risk of disease spread to horses outside the 
facility because no carcasses of potentially diseased horses would need 
to be transported outside the facility prior to performance of a 
necropsy. The necropsy area would be necessary to perform post mortem 
inspection of horses that die in the permanent facility and to collect 
samples for laboratory diagnosis. These actions would be needed to 
determine if the death of a horse was associated with a disease, or if 
the death was caused by other factors, such as colic or physical 
injury.
    We are also proposing to require that the facility have sufficient 
storage space for equipment and supplies used in quarantine operations. 
Storage space would be required to include separate, secure storage for 
pesticides and for medical and other biological supplies, as well as a 
separate feed storage area, that is vermin-proof, for feed and bedding, 
if feed and bedding are to be stored at the facility. If the facility 
has multiple lot-holding areas, we would require that the facility also 
have separate storage space for supplies and equipment for each lot-
holding area.
    We are proposing that the facility have an area for washing and 
drying clothes, linens, and towels and an area for cleaning and 
disinfecting equipment used in the facility. The facility must also 
include a work area for the repair of equipment. These areas are 
essential to ensure the continuity of quarantine operations.
    The facility would need to have permanent restrooms in both the 
quarantine and nonquarantine areas of the facility in order to 
eliminate the need for persons to leave or enter the quarantine area 
simply to use a restroom. Leaving the quarantine area would necessitate 
the person showering prior to entering the nonquarantine area, and then 
again upon reentering the quarantine area.
    The facility would also need to have an area within the quarantine 
area for breaks and meals in order to eliminate the need for workers to 
leave the quarantine area for breaks.
    We would also require that the facility be constructed with a 
heating, ventilating, and air conditioning (HVAC) system capable of 
controlling and maintaining the ambient temperature, air quality, 
moisture, and odor at levels that are not injurious or harmful to the 
health of horses in quarantine. We would prohibit air supplied to lot-
holding areas from being recirculated or reused for other ventilation 
needs. Further, HVAC systems for lot-holding areas would be required to 
be separate from air handling systems for other operational and 
administrative areas of the facility in order to ensure that air from 
the quarantine areas is not diverted into nonquarantine areas of the 
facility. In addition, if the facility is approved to handle more than 
one lot of horses at a time, each lot-holding area would be required to 
have its own separate HVAC system that must be designed to prevent 
cross contamination between the separate lot-holding areas.
    The facility, including the lot-holding areas, would have to be 
equipped with a fire alarm voice communication system so that personnel 
working in those areas can be readily warned of any potential emergency 
and vice versa.

[[Page 44102]]

    The facility would also need to have a television monitoring system 
or other arrangement sufficient to provide a full view of the 
quarantine area or areas, excluding the clothes changing area.
    The facility would also need to have a communication system between 
the nonquarantine and quarantine areas of the facility. Such a system 
would allow persons working in the quarantine area to communicate with 
persons working in the nonquarantine area and vice versa without moving 
from one area to the other, and therefore, without showering in or out.

Sanitation

    To ensure that proper animal health and biological security 
measures are observed, we would require that permanent facilities have 
the equipment and supplies necessary to maintain the facility in clean 
and sanitary condition, including pest control equipment and supplies 
and cleaning and disinfecting equipment with adequate capacity to 
disinfect the facility and equipment. Facilities would need to maintain 
separate equipment and supplies for each lot of horses.
    We would require facilities to maintain a supply of potable water 
adequate to meet all watering and cleaning needs at the facility. We 
would also require that water faucets for hoses be located throughout 
the facility to ensure that personnel would not need to drag hoses 
across areas that have already been cleaned and disinfected. We would 
also require that an emergency supply of water for horses in quarantine 
be maintained at the facility.
    Facilities would also need to maintain a stock of disinfectant 
authorized in Sec. 71.10(a)(5) of the regulations, or otherwise 
approved by the Administrator, and that is sufficient to disinfect the 
entire facility.
    We would also require permanent facilities to have the capability 
to dispose of wastes, including manure, urine, and used bedding, by 
means of burial, incineration, or public sewer. Facilities would need 
to handle other waste material in a manner that minimizes spoilage and 
the attraction of pests and would need to dispose of the waste material 
by incineration, public sewer, or other preapproved manner that 
prevents the spread of disease. Disposal of wastes would need to be 
carried out under the direct oversight of APHIS representatives.
    We would further require permanent facilities to have the 
capability to dispose of horse carcasses in a manner approved by the 
Administrator and under conditions that minimize the risk of disease 
spread from carcasses. This requirement is necessary to ensure that 
facilities can destroy any disease agents that might be present in a 
horse carcass.
    Further, we would require that incineration that is carried out at 
the facility be done in incinerators that are detached from other 
facility structures and that are capable of burning animal waste and 
refuse as required. We would require the incineration site to include 
an area sufficient for solid waste holding. Incineration could also 
take place at a local site away from the facility premises. 
Furthermore, we would require all incineration activities to be carried 
out under the direct oversight of APHIS representatives.
    We would require the facility to have the capability to control 
surface drainage and effluent into, within, and from the facility in a 
manner that prevents the spread of disease into, within, or from the 
facility. If the facility is approved to handle more than one lot of 
horses at the same time, we would require that the facility have 
separate drainage systems for each lot-holding area in order to prevent 
cross contamination.

Security

    We would require that the facility and premises be kept locked and 
secure at all times to ensure the integrity of quarantine operations. 
We would also require the facility and premises to have signs 
indicating that the facility is a quarantine area and no visitors are 
allowed.
    The facility and premises would also need to be guarded at all 
times by one or more representatives of a bonded security company or, 
alternatively, would need to have an electronic security system that 
would indicate the entry of unauthorized persons into the facility. We 
would require that such an electronic security system be coordinated 
either through or with the local police so that the quarantine facility 
is monitored whenever APHIS representatives are not at the facility. We 
would also require that such an electronic security system be of the 
``silent type'' triggered to ring at the monitoring site and not at the 
facility. The electronic security system would need to be approved by 
Underwriter's Laboratories. We would also require that the operator 
provide written instructions to the monitoring agency stating that the 
police and a representative of APHIS designated by APHIS must be 
notified by the monitoring agency if the alarm is triggered. The 
operator would be required to submit a copy of those instructions to 
the Administrator. The operator of the facility would be required to 
notify the designated APHIS representative whenever a breach of 
security occurs or is suspected of occurring. Further, in the event 
that disease is diagnosed in quarantined horses, the Administrator 
could require that the operator have the facility guarded by a bonded 
security company in a manner that the Administrator deems necessary to 
ensure the biological security of the facility.
    We would require that the operator of the facility furnish a 
telephone number or numbers to APHIS at which the operator or his or 
her agent can be reached at all times while horses are in quarantine.
    We would also provide that APHIS may place APHIS seals on any or 
all entrances and exits of the facility when determined necessary by 
APHIS and take all necessary steps to ensure that such seals are broken 
only in the presence of an APHIS representative. In the event that 
someone other than an APHIS representative breaks such seals, we would 
consider the act a breach in security and APHIS representatives would 
make an immediate accounting of all horses in the facility. If we 
determine that a breach in security has occurred, we may extend the 
quarantine period for horses as long as necessary to ensure that the 
horses are free of communicable diseases.

Operating Procedures

APHIS Oversight

    The quarantine of horses at the facility would be subject to the 
strict oversight of APHIS representatives, who could include one or 
more veterinarians and other professional, technical, and support 
personnel employed by APHIS and authorized to perform the services 
required by the regulations and the compliance agreement. Unlike 
temporary facilities, which are inspected on a regular basis by an 
APHIS veterinarian, a permanent facility would have at least one APHIS 
representative overseeing the care of all horses in quarantine during 
normal working hours. Depending on the size of the facility and the 
number of horses present, additional APHIS veterinarians and animal 
health technicians could be necessary to ensure adequate oversight of 
the horses in quarantine. The deployment of APHIS representatives to 
oversee and provide other professional, technical, and support services 
at a quarantine facility would be determined solely by the 
Administrator.
    If for any reason, the operator fails to properly care for, feed, 
or handle the quarantined horses as required under the regulations, or 
fails to maintain and

[[Page 44103]]

operate the facility as provided in this section, APHIS representatives 
would be authorized by the compliance agreement to furnish such 
neglected services or make arrangements for the sale or disposal of 
quarantined horses at the quarantine facility owner's expense.

Personnel

    We propose to require the operator of the facility to provide 
adequate personnel to maintain the facility and care for the horses in 
quarantine, including attendants to care for and feed the horses, and 
other personnel to maintain, operate, and administer the facility.
    We are also proposing to require that the operator provide APHIS 
with a list of employees and other personnel assigned to work at the 
facility. The list would need to include the names, current residential 
addresses, and identification numbers of employees and other personnel, 
and would need to be updated with any changes or additions in advance 
of such employee or other personnel working at the quarantine facility. 
These requirements are necessary to ensure that APHIS has knowledge of, 
and can identify, all persons working at the facility.
    In conjunction with the above requirements, we would require the 
operator to provide APHIS with signed statements from each employee and 
other personnel hired by the operator and working at the facility in 
which the person agrees to comply with Sec. 93.308(c) of the 
regulations, other applicable provisions of 9 CFR part 93, all terms of 
the compliance agreement, and any related instructions from APHIS 
representatives pertaining to quarantine operations, including contact 
with animals both inside and outside the facility.

Authorized Access

    We are also proposing to grant access to the quarantine facility 
premises as well as inside the quarantine facility only to APHIS 
representatives and authorized employees and other personnel of the 
operator assigned to work at the facility. All other persons would be 
prohibited from the premises unless specifically granted access by the 
overseeing APHIS representative. Any visitors granted access would be 
required to be accompanied at all times by an APHIS representative 
while on the premises or in the quarantine area of the facility.

Sanitary Requirements

    Under the proposed regulations, all facility employees and other 
personnel, as well as any other person granted access to the quarantine 
area, must:
     Shower when entering and leaving the quarantine area;
     Shower before entering a lot-holding area, if previously 
exposed from access to another lot-holding area;
     Shower when leaving the necropsy area if a necropsy is in 
the process of being performed or has just been completed, or if all or 
portions of the examined animal remain exposed;
     Wear clean protective work clothing and footwear upon 
entering the quarantine area;
     Wear disposable gloves when handling sick horses, and then 
wash hands after removing gloves;
     Change protective clothing, footwear, and gloves when they 
become soiled or contaminated;
     Not have contact with any horses in the facility other 
than the lot or lots of horses to which the person is assigned or is 
granted access; and
     Not have had contact with any horses outside the 
quarantine facility for at least 7 days after the last contact with the 
horses in quarantine, or for a period of time determined by the 
overseeing APHIS representative as necessary to prevent the 
transmission of communicable diseases of horses.

The above requirements are necessary to ensure the integrity of 
quarantine operations at facilities.
    Further, the operator would be responsible for providing a 
sufficient supply of clothing and footwear to ensure that workers and 
others provided access to the quarantine area at the facility have 
clean, protective clothing and footwear at the start of the workday and 
when they move from one lot of horses to another lot of horses.
    The operator or the operator's designated representative would also 
be responsible for the proper handling, washing, and disposal of soiled 
and contaminated clothing worn within the quarantine facility in a 
manner approved by the overseeing APHIS representative as adequate to 
preclude transmission of any animal disease agent from the facility. At 
the end of each workday, work clothing worn into each lot-holding area 
would need to be collected and kept in a bag until the clothing is 
washed. Used footwear would either be left in the clothes changing area 
or cleaned with hot water (148  deg.F minimum) and detergent and 
disinfected as directed by an APHIS representative.
    We would require that all equipment (including tractors) be cleaned 
and disinfected prior to being used in a quarantine area of the 
facility with a disinfectant authorized in Sec. 71.10(a)(5) of the 
regulations or otherwise approved by the Administrator. The equipment 
would have to remain dedicated to the facility for the entire 
quarantine period in order to preclude the spread of disease agents 
outside the facility. Any equipment used with quarantined horses (e.g., 
halters, floats) would have to remain dedicated to that particular lot 
of quarantined horses for the duration of the quarantine period or be 
cleaned and disinfected before coming in contact with horses from 
another lot to ensure that no cross contamination occurs. Prior to its 
use on another lot of horses or its removal from the quarantine 
premises, any equipment would have to be cleaned and disinfected to the 
satisfaction of an APHIS representative.
    The proposed regulations would also require that any vehicle, upon 
entering or leaving the quarantine area of the facility, be immediately 
cleaned and disinfected under the oversight of an APHIS representative 
with a disinfectant authorized in Sec. 71.10(a)(5) of the regulations.
    Further, we would require that the area of the facility in which a 
lot of horses has been held must be thoroughly cleaned and disinfected 
under the oversight of an APHIS representative upon release of the 
horses, with a disinfectant authorized in Sec. 71.10(a)(5) before a new 
lot of horses is placed in that area of the facility. This requirement 
is necessary to ensure that horses entering quarantine are not exposed 
to disease agents present in the previous lot of horses.

Handling of the Horses in Quarantine

    Under the proposed regulations, horses that are quarantined in 
private facilities would have to undergo the appropriate quarantine 
specified in Sec. 93.308(a) and would be subject to any other 
applicable regulations in title 9 of the Code of Federal Regulations. 
For the purposes of quarantine operations, private facilities would 
operate no differently than Federal horse quarantine facilities.
    Each lot of horses to be quarantined would be required to be placed 
in the facility on an ``all-in, all-out'' basis. Under this 
requirement, no horse could be taken out of the lot while it is in 
quarantine, except for diagnostic purposes, and no horse could be added 
to the lot while the lot is in quarantine.
    The regulations would require that the facility provide sufficient 
feed and bedding that is free of vermin and that is not spoiled for the 
horses in quarantine. Feed and bedding would be required to originate 
from an area that

[[Page 44104]]

is not listed in 9 CFR 72.2 as an area quarantined for splenetic or 
tick fever.
    We would prohibit the breeding of horses or the collection of 
germplasm from horses during the quarantine period unless necessary for 
a required import testing procedure. This prohibition is necessary 
because horses under quarantine will not have passed all entry tests or 
requirements and could be diseased and refused entry. Breeding and 
collection of germplasm should only take place after horses have 
fulfilled all entry requirements.
    We propose to require that horses in quarantine be subjected to 
such tests and procedures as directed by the overseeing APHIS 
representative to determine whether they are free from communicable 
diseases of horses. We would allow horses in quarantine to be 
vaccinated only with vaccines that have been approved by APHIS and that 
are administered by an APHIS veterinarian or an accredited veterinarian 
under the direct oversight of an APHIS representative. APHIS will only 
approve use of vaccines that are licensed by APHIS in accordance with 
Sec. 102.5 of this chapter.\4\
---------------------------------------------------------------------------

    \4\ A list of approved vaccines is available from Natioanl 
Center for Import and Export, Veterinary Services, APHIS, 4700 River 
Road Unit, Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------

    We would require that any death or suspected illness of horses in 
quarantine be reported immediately to the overseeing APHIS 
representative so that appropriate measures are taken to ensure the 
health of the other horses in quarantine. The affected horses would be 
required to be disposed of as the Administrator may direct or, 
depending on the nature of the disease, would be required to be cared 
for as directed by the overseeing APHIS representative.
    The regulations would provide that quarantined horses requiring 
specialized medical attention or additional postmortem testing may be 
transported off the quarantine site, if authorized by the overseeing 
APHIS representative. In such situations, a second quarantine site 
would have to be established to house the horses at the facility of 
destination (e.g., veterinary college hospital) and the overseeing 
APHIS representative could extend the quarantine period until the 
results of any outstanding tests or postmortems are received.
    Further, if we determine that a lot of horses is infected with or 
exposed to a communicable disease of horses, we would require that 
arrangements for the final disposition of the infected or exposed lot 
be accomplished within 10 work days following disease confirmation. We 
would require the horses to be disposed of under the direct oversight 
of APHIS representatives. We would require the operator to have a 
preapproved contingency plan for the possible disposal of all horses 
housed in the facility prior to issuance of an import permit. This 
requirement is essential to ensure that diseased horses can be disposed 
of without posing a risk of disseminating diseases outside the 
quarantine facility.

Records

    It would be the facility operator's responsibility to maintain a 
current daily log to record the entry and exit of all persons entering 
and leaving the quarantine facility. We would require the operator or 
the operator's designated representative to hold the log, along with 
any logs kept by APHIS and deposited with the operator, for at least 2 
years following the date of release of the horses from quarantine and 
to make such logs available to APHIS representatives upon request.

Environmental Requirements

    We propose to provide that, if APHIS determines that a privately 
operated quarantine facility does not meet all applicable local, State, 
and Federal environmental regulations, APHIS reserves the right to deny 
or suspend approval of the facility until appropriate remedial measures 
have been applied. This requirement is necessary to ensure that APHIS-
approved facilities meet all applicable waste disposal and other 
environmental quality standards.

Variances

    The Administrator may grant variances to the proposed requirements 
relating to location, construction, and other design features of the 
physical facility as well as sanitation, security, operating 
procedures, recordkeeping, and other provisions of the regulations, but 
only if the Administrator determines that the variance causes no 
detrimental impact to the overall biological security of the quarantine 
operation. The operator of a permanent facility would have to submit a 
request for a variance to the Administrator in writing at least 30 days 
in advance of the arrival of horses to the facility. Any variance would 
also have to be expressly provided for in the compliance agreement.
    In conjunction with these changes, we would also make editorial 
changes to Sec. 93.310 of the regulations to update the regulations and 
make them easier to understand.
    We believe that these proposed regulations would ensure that 
permanent facilities could operate without posing a risk of foreign 
disease introduction and allow U.S. horse importers another option for 
quarantining imported horses. We welcome public comment on the proposed 
regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this proposed rule on small entities. Based on the 
information we have, there is no basis to conclude that this rule will 
result in any significant economic effect on a substantial number of 
small entities. However, we do not currently have all of the data 
necessary for a comprehensive analysis of the effects of this proposed 
rule on small entities. Therefore, we are inviting comments on 
potential effects.
    This proposed rule would allow the establishment and operation, 
under strict APHIS oversight, of permanent, privately owned quarantine 
facilities for horses imported into the United States. Currently, APHIS 
allows the establishment of privately owned quarantine facilities for 
horses on a temporary basis. Such temporary facilities are used to 
quarantine horses imported for a particular event or purpose. APHIS has 
also authorized the operation of one permanent, privately owned and 
operated animal quarantine facility in Los Angeles County, CA.
    In accordance with 21 U.S.C. 111, the Secretary is authorized to 
promulgate regulations and take such measures as he may deem proper to 
prevent the introduction or dissemination of the contagion of any 
contagious, infectious, or communicable disease of animals from a 
foreign country into the United States.
    The horse industry in the United States accounts for approximately 
$25.3 billion of the U.S. gross national product. Of this amount, 98 
percent comes from 22 States; in 7 of these States (California, 
Florida, Kentucky, New York, Pennsylvania, Texas, and Virginia), the 
horse industry grosses more than $500 million annually. In 2000, 
economic activities related to horses generated approximately $1.9 
billion in tax revenues, most of which

[[Page 44105]]

were generated in States where parimutuel betting was allowed.
    Trade in live horses between the United States and other countries 
has increased considerably over the last several years. Even though the 
United States is a net exporter of live horses, imports of live horses 
have increased dramatically. Specifically, from 1992 to 1999, U.S. 
imports of live horses increased by 345 percent in terms of value (from 
$76.2 million to $339.2 million) and by 80 percent in number (from 
16,962 horses to 30,396 horses).
    The increased demand for importing horses in the United States has 
resulted in an increased demand for import quarantine services. The 
demand for these services exceeds what can be provided at current 
Federal facilities. As can be seen from the data above, horses play an 
important role in the international trade of the United States.

Effects on Small Entities

    We have identified two types of entities that could be affected by 
implementation of this rule; an existing permanent, privately owned 
quarantine facility and horse importers or farmers.

Quarantine Facilities

    According to Small Business Administration (SBA) criteria, the 
existing permanent, privately owned quarantine facility that operates 
in Los Angeles County, CA, is considered a small entity.
    If this proposed rule is implemented, that quarantine facility may 
need to upgrade its facilities to be in compliance with the proposed 
requirements. If and when the facility is approved for operation under 
the proposed regulations, the cost of any needed renovations to the 
facility, as well as the costs associated with being in compliance with 
the proposed regulations, would likely be passed on to importers of 
horses who elect to use the facility to quarantine imported horses.
    However, given the increased demand for quarantine services in the 
United States, the small number of Federal horse quarantine facilities 
currently in operation, and the fact that there are no other permanent, 
privately owned quarantine facilities operating at this time, it is not 
likely that this action would have a significant effect on the facility 
in the long run. Nevertheless, at this time, we are unable to determine 
the effect that implementation of this rule would have on the 
facility's business volume and revenue.

Importers of Horses and Horse Farms

    According to SBA criteria, a farm that keeps horses for breeding 
and has annual revenues less than $500,000 is considered a small 
entity. According to the 1997 Census of Agriculture, more than 98 
percent of these farms had an annual revenue of less than $500,000, 
placing them in the SBA's category of a small entity.
    The establishment of permanent, privately owned quarantine 
facilities for horses would clearly benefit the horse industry if the 
volume and worth of live horse imports continues to increase. These 
facilities would save time and money for U.S. importers of horses and 
may also have positive economic effects for horse transporters and for 
horse owners who use imported horses. While it is not possible for us 
to predict the amount of the expected positive financial effects on 
horse importers, savings to U.S. importers could come from a reduction 
in time spent waiting for available space in Federal quarantine 
facilities.
    The additional number of horses that might be imported into the 
United States as a result of this proposed rule is not known. However, 
because the proposed rule is expected to result in the opening of only 
one or two additional quarantine facilities in the next several years, 
the effect upon the price of an imported horse is likely to be small 
but positive (in terms of a lower price to the buyer).
    This proposed rule contains information collection requirements, 
which have been submitted for approval to the Office of Management and 
Budget (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment has not been prepared for this proposed 
rule. Because the environmental impacts that could result from 
implementation of this proposal would vary according to the location 
and design of the facility being approved, APHIS has determined site-
specific environmental assessments must be conducted for each 
permanent, privately owned horse quarantine facility prior to approval 
of the facility. APHIS will publish a notice in the Federal Register 
for each environmental assessment we conduct in this regard if this 
proposed rule is finalized, and we would invite public comment on each 
site-specific environmental assessment.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comment refers to Docket No. 99-012-1. 
Please send a copy of your comment to: (1) Docket No. 99-012-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue, SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    Because recent demand for quarantine services for horses has 
exceeded the space available at existing facilities, we are proposing 
to allow the establishment of permanent, privately owned horse 
quarantine facilities if they meet requirements proposed in this 
document. Accomplishing this will necessitate the use of several 
information collection activities, including an application for 
facility approval, a compliance agreement explaining the conditions 
under which the facility must be operated, and a certification that the 
facility meets all applicable environmental regulations.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and

[[Page 44106]]

    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average .78571 hours per response.
    Respondents: Owners of approved permanent, privately owned horse 
quarantine facilities and applicants for approval.
    Estimated annual number of respondents: 3.
    Estimated annual number of responses per respondent: 4.666.
    Estimated annual number of responses: 14.
    Estimated total annual burden on respondents: 11 hours.
    Copies of this information collection can be obtained from: Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    1. The authority citation for part 93 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.

Subart C--[Amended]

    2. In part 93, subpart C, footnotes 16, 17, 18, and 19 and their 
references would be redesignated as footnotes 18, 19, 20, and 21, 
respectively.
    3. Section 93.300 would be amended by revising the definition for 
``operator'' and by adding, in alphabetical order, new definitions to 
read as follows:


Sec. 93.300  Definitions.

* * * * *
    Lot. A group of horses that, while held on a premises or 
conveyance, have had opportunity for physical contact with other horses 
in the group or with their excrement or discharges at any time during 
their shipment to the United States.
    Lot-holding area. That area in a permanent, privately owned 
quarantine facility in which a single lot of horses is held at one 
time.
    Nonquarantine area. That area in a permanent, privately owned 
quarantine facility that includes offices, storage areas, and other 
areas outside the quarantine area, and that is off limits to horses, 
samples taken from horses, and any other objects or substances that 
have been in the quarantine area during quarantine of horses.
    Operator. A person other than the Federal Government who owns or 
operates a temporary, privately owned quarantine facility or a 
permanent, privately owned quarantine facility.
    Quarantine area. That area in a permanent, privately owned 
quarantine facility that comprises all of the lot-holding areas in the 
facility and any other areas in the facility that horses have access 
to, including loading docks for receiving and releasing horses, and any 
areas used to conduct examinations of horses and take samples and any 
areas where samples are processed or examined.
    Permanent, privately owned quarantine facility. A facility that 
offers quarantine services for horses to the general public on a 
continuing basis and that is owned by an entity other than the Federal 
Government (also permanent facility).
* * * * *
    Temporary, privately owned quarantine facility. A facility that 
offers quarantine services for horses imported for a special event and 
that is owned by an entity other than the Federal Government (also 
temporary facility).
* * * * *
    4. In Sec. 93.303, paragraph (e), the paragraph heading would be 
revised to read as follows:


Sec. 93.303  Ports designated for the importation of horses.

* * * * *
    (e) Ports for horses to be quarantined at privately owned 
quarantine facilities. * * *
* * * * *


Sec. 93.304  [Amended]

    5. In Sec. 93.304, paragraph (a), the introductory text, the words 
``quarantine facility provided by the importer'' would be removed, and 
the words ``privately-owned quarantine facility'' would be added in 
their place.
    6. In Sec. 93.304, paragraph (a)(2), the words ``regulations, 
horses intended for quarantine at a quarantine facility provided by the 
importer,'' would be removed, and the words ``regulations or horses 
intended for quarantine at a privately-owned quarantine facility'' 
would be added in their place.
    7. In Sec. 93.308, paragraphs (b) and (c) would be revised to read 
as follows:


Sec. 93.308  Quarantine requirements.

* * * * *
    (b) Temporary, privately owned quarantine facilities. Horses 
presented for entry into the United States as provided in 
Sec. 93.303(e) of this part may be quarantined in temporary, privately 
owned quarantine facilities that meet the requirements of paragraphs 
(b)(1) and (2) of this section and that have been approved by the 
Administrator for a specific importation.
    (1) Approval. Requests for approval and plans for proposed 
temporary facilities must be submitted no less than 15 days before the 
proposed date of entry of horses into the facility to APHIS, Veterinary 
Services, National Center for Import and Export, 4700 River Road, Unit 
39, Riverdale, MD 20737-1231. Before facility approval can be granted, 
a veterinary medical officer of APHIS must inspect the facility to 
determine whether it complies with the standards set forth in this 
section: Provided, however, that approval of any temporary facility and 
use of such facility will be contingent upon a determination made by 
the Administrator that adequate personnel are available to provide 
required services at the facility. Approval of any facility may be 
refused and approval of any quarantine facility may be withdrawn at any 
time by the Administrator, upon his or her determination that any 
requirements of this section are not being met. Before such action is 
taken, the operator of the facility will be informed of the reasons for 
the proposed action by the Administrator and afforded an opportunity to 
present his or her views. If there is a conflict as to any material 
fact, a hearing will be held to resolve the conflict. The cost of the 
facility and all maintenance and operational costs of the facility will 
be borne by the operator.
    (2) Standards and handling procedures. The facility must be 
maintained and operated in accordance with the following standards:
    (i) Inspection. Inspection and quarantine services will be arranged 
by the operator or his or her agent with the APHIS veterinarian in 
charge for the State in which the approved facility is located \15\ no 
less than 7 days before the

[[Page 44107]]

proposed date of entry of the horses into the quarantine facility.
---------------------------------------------------------------------------

    \15\ The name and address of the veterinarian in charge in any 
State is available from APHIS, Veterinary Services, National Center 
for Import and Export, 4700 River Road, Unit 39, Riverdale, MD 
20737-1231.
---------------------------------------------------------------------------

    (ii) Physical plant requirements.
    (A) The facility must be located and constructed to prevent horses 
from having physical contact with animals outside the facility.
    (B) The facility must be constructed only with materials that can 
withstand repeated cleaning and disinfection. (All walls, floors, and 
ceilings must be constructed of solid material that is impervious to 
moisture.) Doors, windows, and other openings of the facility must be 
provided with double screens that will prevent insects from entering 
the facility.
    (iii) Sanitation and security. (A) The operator must arrange for a 
supply of water adequate to clean and disinfect the facility.
    (B) All feed and bedding must originate from an area not under 
quarantine because of splenetic or tick fever (see part 72 of this 
chapter) and must be stored within the facility.
    (C) Upon the death or destruction of any horse, the operator must 
arrange for the disposal of the horse's carcass by incineration. 
Disposal of all other waste removed from the facility during the time 
the horses are in quarantine or from horses that are refused entry into 
the United States must be either by incineration or in a public sewer 
system that meets all applicable environmental quality control 
standards. Following completion of the quarantine period and the 
release of the horses into the United States, all waste may be removed 
from the quarantine facility without further restriction.
    (D) The facility will be maintained and operated in accordance with 
any additional requirements the Administrator deems appropriate to 
prevent the dissemination of any communicable disease.
    (E) The facility must comply with all applicable local, State, and 
Federal requirements for environmental quality.
    (iv) Personnel. (A) Access to the facility will be granted only to 
persons working at the facility or to persons specifically granted such 
access by an APHIS representative.
    (B) The operator must provide attendants for the care and feeding 
of horses while in the quarantine facility.
    (C) Persons working in the quarantine facility may not come in 
contact with any horses outside the quarantine facility during the 
quarantine period for any horses in the facility.
    (v) Handling of horses in quarantine. Horses offered for 
importation into the United States that are quarantined in an approved 
temporary facility must be handled in accordance with paragraph (a) of 
this section while in quarantine.
    (c) Permanent, privately owned quarantine facilities. Horses 
presented for entry into the United States as provided in 
Sec. 93.303(e) of this part may be quarantined in permanent, privately 
owned quarantine facilities approved by the Administrator as meeting 
the requirements of paragraphs (c)(1) through (7) of this section.
    (1) APHIS approval.
    (i) Approval procedures. Persons seeking APHIS approval of a 
permanent, privately-owned quarantine facility must write to the 
Administrator, c/o National Center for Import and Export, Veterinary 
Services, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231. 
The application letter must include the full name and mailing address 
of the applicant; the location and street address of the facility for 
which approval is sought; blueprints of the facility; a description of 
the financial resources available for construction, operation, and 
maintenance of the facility; the anticipated source or origin of horses 
to be quarantined, as well as the expected size and frequency of 
shipments; and a contingency plan for the possible disposal of all the 
horses capable of being housed in the facility.
    (A) If APHIS determines that an application is complete and merits 
further consideration, the person applying for facility approval must 
enter into a compliance agreement with APHIS wherein the applicant 
agrees to pay the cost of all APHIS services associated with APHIS's 
evaluation of the application and facility. APHIS charges for 
evaluation services at hourly rates listed in Sec. 130.30 of this 
title. This compliance agreement applies only to fees accrued during 
the application process. If the facility is approved by APHIS, facility 
owners must enter into a new compliance agreement in accordance with 
paragraph (c)(2) of this section.
    (B) Requests for approval must be submitted to APHIS at least 120 
days prior to the date of application for local building permits. 
Requests for approval will be evaluated on a first-come, first-served 
basis.
    (ii) Criteria for approval. Before a facility may operate as a 
permanent, privately owned quarantine facility for horses, it must be 
approved by APHIS. To be approved:
    (A) APHIS must find, based on an environmental analysis, that the 
operation of the facility will not have significant environmental 
effects;
    (B) The facility must meet all of the requirements of this section;
    (C) The facility must meet any additional requirements that may be 
imposed by the Administrator in each specific case, as specified in the 
compliance agreement required under paragraph (c)(2) of this section, 
to ensure that the quarantine of horses in the facility will be 
adequate to enable determination of their health status, as well as to 
prevent the transmission of diseases into, within, and from the 
facility; and
    (D) The Administrator must determine that sufficient personnel, 
including one or more APHIS veterinarians and other professional, 
technical, and support personnel, are available to serve as APHIS 
representatives at the facility and provide continuous oversight and 
other technical services to ensure the biological security of the 
facility, if approved. APHIS will assign personnel to facilities 
requesting approval in the order that the facilities are approved. The 
Administrator has sole discretion on the number of APHIS personnel to 
be assigned to the facility.
    (iii) Maintaining approval. To maintain APHIS approval, the 
operator must continue to comply with all the requirements of paragraph 
(c) of this section and the terms of the compliance agreement executed 
in accordance with paragraph (c)(2) of this section.
    (iv) Withdrawal or denial of approval. Approval for a proposed 
privately owned quarantine facility may be denied or approval for a 
facility already in operation may be withdrawn at any time by the 
Administrator, for any of the reasons provided in paragraph 
(c)(1)(iv)(C) of this section.
    (A) Before facility approval is denied or withdrawn, APHIS will 
inform the operator of the proposed or existing quarantine facility and 
include the reasons for the proposed action. If there is a conflict as 
to any material fact, APHIS will afford the operator, upon request, the 
opportunity for a hearing with respect to the merits or validity of 
such action in accordance with the rules of practice that APHIS adopts 
for the proceeding.
    (B) Withdrawal of approval of an existing facility will become 
effective prior to final determination in the proceeding when the 
Administrator determines that such action is necessary to protect 
animal health or the public health, interest, or safety. Such 
withdrawal will be effective upon oral or written notification, 
whichever is earlier, to the operator of the facility. In the event of 
oral notification, APHIS will give written confirmation to the

[[Page 44108]]

operator of the facility as promptly as circumstances allow. This 
withdrawal will continue in effect pending the completion of the 
proceeding and any judicial review, unless otherwise ordered by the 
Administrator. In addition to withdrawal of approval for the reasons 
provided in paragraph (c)(1)(iv)(C) of this section, the Administrator 
will also automatically withdraw approval when the operator of any 
approved facility notifies the APHIS veterinarian in charge for the 
State in which the facility is located, in writing, that the facility 
is no longer in operation.\16\
---------------------------------------------------------------------------

    \16\ The name and address of the veterinarian in charge in any 
State is available from APHIS, Veterinary Services, National Center 
for Import and Export, 4700 River Road, Unit 39, Riverdale, MD 
20737-1231.
---------------------------------------------------------------------------

    (C) Except as provided in paragraph (c)(1)(iv)(E) of this section, 
the Administrator may deny or withdraw approval of a permanent 
privately owned quarantine facility if:
    (1) Any requirement of this section or the compliance agreement is 
not complied with; or
    (2) The operator fails to remit any charges for APHIS services 
rendered; or
    (3) The operator or a person responsibly connected with the 
business of the quarantine facility is or has been convicted of any 
crime under any law regarding the importation or quarantine of any 
animal; or
    (4) The operator or a person responsibly connected with the 
business of the quarantine facility is or has been convicted of any 
crime involving fraud, bribery, or extortion or any other crime 
involving a lack of integrity needed for the conduct of operations 
affecting the importation of animals; or
    (5) The approved quarantine facility has not been in use to 
quarantine horses for a period of at least 1 year.
    (D) For the purposes of this section, a person is deemed to be 
responsibly connected with the business of the quarantine facility if 
such person has an ownership, mortgage, or lease interest in the 
facility's physical plant, or if such person is a partner, officer, 
director, holder or owner of 10 percent or more of its voting stock, or 
is an employee in a managerial or executive capacity.
    (2) Compliance agreement. (i) All permanent, privately owned 
quarantine facilities for horses must operate in accordance with a 
compliance agreement executed by the operator or his or her agent and 
the Administrator, and that must be renewed on an annual basis.
    (ii) The compliance agreement must provide that:
    (A) The facility must meet all applicable requirements of this 
section;
    (B) The facility's quarantine operations are subject to the strict 
oversight of APHIS representatives;
    (C) The operator agrees to be responsible for the cost of the 
facility; all costs associated with its maintenance and operation; all 
costs associated with the hiring of employees and other personnel to 
attend to the horses as well as to maintain and operate the facility; 
all costs associated with the care of quarantined horses, such as feed, 
bedding, medicines, inspections, testing, laboratory procedures, and 
necropsy examinations; and all APHIS charges for the services of APHIS 
representatives in accordance with this section and part 130 of this 
chapter; and
    (D) The operator agrees to bar from the facility any employee or 
other personnel at the facility who fails to comply with paragraph (c) 
of this section or other provisions of this part, any terms of the 
compliance agreement, or related instructions from APHIS 
representatives;
    (3) Physical plant requirements. The facility must meet the 
following requirements as determined by an APHIS inspection before 
horses may be admitted to it:
    (i) Location. The quarantine facility must be located:
    (A) In proximity to a port authorized under Sec. 93.303(e) of this 
part of this part such that the movement of the imported horses along 
preapproved routes from the port to the quarantine facility poses no 
significant risk, as determined by the Administrator, of transmitting 
communicable diseases of horses.
    (B) At least one-half mile from any premises holding livestock or 
horses.
    (ii) Construction. The facility must be of sound construction, in 
good repair, and properly designed to prevent the escape of quarantined 
horses. It must have adequate capacity to receive and house a shipment 
of horses as a lot on an ``all-in, all-out'' basis and must include the 
following:
    (A) Perimeter fencing. The facility must be surrounded by a 
security fence of sufficient height and design to prevent the entry of 
unauthorized people and animals from outside the facility and to 
prevent the escape of the horses in quarantine.
    (B) Entrances and exits. All entryways into the nonquarantine area 
of the facility must be equipped with a secure and lockable door. While 
horses are in quarantine, all access to the quarantine area for horses 
must be from within the building, and each such entryway to the 
quarantine area must be equipped with a series of solid self-closing 
double doors. Entryways to each lot-holding area must be equipped with 
a solid lockable door. Emergency exits to the outside may exist in the 
quarantine area. Such emergency exits must be constructed so as to 
permit their opening from the inside of the facility only.
    (C) Windows and other openings. The facility must be constructed so 
that any windows or other openings in the quarantine area are double-
screened with screening of sufficient gauge and mesh to prevent the 
entry or exit of insects and other vectors of diseases of horses. The 
interior and exterior screens must be separated by at least 3 inches 
(7.62 cm). All screening of windows or other openings must be easily 
removable for cleaning, yet otherwise remain locked and secure at all 
times in a manner satisfactory to APHIS representatives in order to 
ensure the biological security of the facility.
    (D) Lighting. The facility must have adequate lighting throughout, 
including in stalls and hallways, for the purpose of examining the 
horses and conducting necropsies.
    (E) Loading docks. The facility must include separate docks for 
animal receiving and releasing and for general receiving and pickup.
    (F) Surfaces. The facility must be constructed so that the floor 
surfaces with which horses have contact are nonslip and wear-resistant. 
All floor surfaces with which the horses, their excrement, or 
discharges have contact must provide for adequate drainage, and drains 
must be at least 8 inches in diameter. All floor and wall surfaces with 
which the horses, their excrement, or discharges have contact must be 
impervious to moisture and be able to withstand frequent cleaning and 
disinfection without deterioration. Other ceiling and wall surfaces 
with which the horses, their excrement, or discharges do not have 
contact must be able to withstand cleaning and disinfection between 
shipments of horses. All floor and wall surfaces must be free of sharp 
edges that could cause injury to horses.
    (G) Means of isolation. Physical barriers must separate different 
lots of horses in the facility so that horses in one lot cannot have 
physical contact with horses in another lot or with their excrement or 
discharges. Stalls must be available that are capable of isolating any 
horses exhibiting signs of illness.
    (H) Showers. In a facility where it is possible to move from the 
nonquarantine area into any lot-holding area without passing through 
another lot-holding area, the facility must have a shower at the 
entrance to the

[[Page 44109]]

quarantine area. In a facility where it is not possible to move to any 
lot-holding area except by first passing through another lot-holding 
area, the facility must have a shower at the entrance to each lot-
holding area. A shower must be located at the entrance to the necropsy 
area. A clothes-storage and clothes-changing area must be provided at 
each end of each shower area. There must also be one or more 
receptacles near each shower so that clothing that has been worn into a 
lot-holding area or elsewhere in the quarantine area can be deposited 
in the receptacle(s) prior to entering the shower.
    (I) APHIS space. The facility must have adequate space for APHIS 
representatives to conduct examinations and testing of the horses in 
quarantine, prepare and package samples for mailing, and store the 
necessary equipment and supplies for each lot of horses and duplicate 
samples. The examination space must include equipment to provide for 
the safe inspection of horses (i.e., restraining stocks). The facility 
must also include a secure, lockable office for APHIS use with enough 
room for a desk, chair, and filing cabinet.
    (J) Necropsy area. The facility must have an area that is of 
sufficient size to perform necropsies on horses and that is equipped 
with adequate lighting, hot and cold running water, a drain, a cabinet 
for storing instruments, a refrigerator-freezer for storing specimens, 
and an autoclave to sterilize veterinary equipment.
    (K) Storage. The facility must have sufficient storage space for 
equipment and supplies used in quarantine operations. Storage space 
must include separate, secure storage for pesticides and for medical 
and other biological supplies, as well as a separate feed storage area 
that is vermin-proof for feed and bedding, if feed and bedding are 
stored at the facility. If the facility has multiple lot-holding areas, 
then separate storage space for supplies and equipment must be provided 
for each lot-holding area.
    (L) Additional space needs. The facility must have an area for 
washing and drying clothes, linens, and towels and an area for cleaning 
and disinfecting equipment used in the facility. The facility must also 
include a work area for the repair of equipment.
    (M) Restrooms. The facility must have permanent restrooms in both 
the quarantine and nonquarantine areas of the facility.
    (N) Breakroom. The facility must have an area within the quarantine 
area for breaks and meals.
    (O) Ventilation and climate control. The facility must be 
constructed with a heating, ventilating and air conditioning (HVAC) 
system capable of controlling and maintaining the ambient temperature, 
air quality, moisture, and odor at levels that are not injurious or 
harmful to the health of horses in quarantine. Air supplied to lot-
holding areas must not be recirculated or reused for other ventilation 
needs. HVAC systems for lot-holding areas must be separate from air 
handling systems for other operational and administrative areas of the 
facility. In addition, if the facility is approved to handle more than 
one lot of horses at a time, each lot-holding area must have its own 
separate HVAC system that is designed to prevent cross-contamination 
between the separate lot-holding areas.
    (P) Fire protection. The facility, including the lot holding areas, 
must have a fire alarm voice communication system.
    (Q) Monitoring system. The facility must have a television 
monitoring system or other arrangement sufficient to provide a full 
view of the quarantine area or areas, excluding the clothes changing 
area.
    (R) Communication system. The facility must have a communication 
system between the nonquarantine and quarantine areas of the facility.
    (iii) Sanitation. To ensure that proper animal health and 
biological security measures are observed, the facility must have the 
following:
    (A) Equipment and supplies necessary to maintain the facility in 
clean and sanitary condition, including pest control equipment and 
supplies and cleaning and disinfecting equipment with adequate capacity 
to disinfect the facility and equipment.
    (B) Separately maintained equipment and supplies for each lot of 
horses.
    (C) A supply of potable water adequate to meet all watering and 
cleaning needs, with water faucets for hoses located throughout the 
facility. An emergency supply of water for horses in quarantine must 
also be maintained.
    (D) A stock of disinfectant authorized in Sec. 71.10(a)(5) of this 
chapter or otherwise approved by the Administrator that is sufficient 
to disinfect the entire facility.
    (E) The capability to dispose of wastes, including manure, urine, 
and used bedding, by means of burial, incineration, or public sewer. 
Other waste material must be handled in such a manner that minimizes 
spoilage and the attraction of pests and must be disposed of by 
incineration, public sewer, or other preapproved manner that prevents 
the spread of disease. Disposal of wastes must be carried out under the 
direct oversight of APHIS representatives.
    (F) The capability to dispose of horse carcasses in a manner 
approved by the Administrator and under conditions that minimize the 
risk of disease spread from carcasses.
    (G) For incineration to be carried out at the facility, 
incineration equipment that is detached from other facility structures 
and is capable of burning animal waste and refuse as required. The 
incineration site must also include an area sufficient for solid waste 
holding. Incineration may also take place at a local site away from the 
facility premises. All incineration activities must be carried out 
under the direct oversight of APHIS representatives.
    (H) The capability to control surface drainage and effluent into, 
within, and from the facility in a manner that prevents the spread of 
disease into, within, or from the facility. If the facility is approved 
to handle more than one lot of horses at the same time, there must be 
separate drainage systems for each lot-holding area in order to prevent 
cross contamination.
    (iv) Security. Facilities must provide the following security 
measures:
    (A) The facility and premises must be kept locked and secure at all 
times while horses are in quarantine.
    (B) The facility and premises must have signs indicating that the 
facility is a quarantine area and no visitors are allowed.
    (C) The facility and premises must be guarded at all times by one 
or more representatives of a bonded security company or, alternatively, 
the facility must have an electronic security system that indicates the 
entry of unauthorized persons into the facility. Electronic security 
systems must be coordinated through or with the local police so that 
monitoring of the quarantine facility is maintained whenever APHIS 
representatives are not at the facility. The electronic security system 
must be of the ``silent type'' and must be triggered to ring at the 
monitoring site and not at the facility. The electronic security system 
must be approved by Underwriter's Laboratories. The operator must 
provide written instructions to the monitoring agency stating that the 
police and a representative of APHIS designated by APHIS must be 
notified by the monitoring agency if the alarm is triggered. The 
operator must also submit a copy of those instructions to the 
Administrator. The operator must notify the designated APHIS 
representative

[[Page 44110]]

whenever a breach of security occurs or is suspected of occurring. In 
the event that disease is diagnosed in quarantined horses, the 
Administrator may require that the operator have the facility guarded 
by a bonded security company in a manner that the Administrator deems 
necessary to ensure the biological security of the facility.
    (D) The operator must furnish a telephone number or numbers to 
APHIS at which the operator or his or her agent can be reached at all 
times.
    (E) APHIS is authorized to place APHIS seals on any or all 
entrances and exits of the facility when determined necessary by APHIS 
and to take all necessary steps to ensure that such seals are broken 
only in the presence of an APHIS representative. If someone other than 
an APHIS representative breaks such seals, APHIS will consider the act 
a breach in security and APHIS representatives will make an immediate 
accounting of all horses in the facility. If a breach in security 
occurs, APHIS may extend the quarantine period as long as necessary to 
determine that the horses are free of communicable diseases.
    (4) Operating procedures. The following procedures must be observed 
at the facility at all times:
    (i) APHIS oversight.
    (A) The quarantine of horses at a privately owned quarantine 
facility is subject to the strict oversight of APHIS representatives 
authorized to perform the services required by this section.
    (B) If, for any reason, the operator fails to properly care for, 
feed, or handle the quarantined horses as required in paragraph (c) of 
this section, or fails to maintain and operate the facility as provided 
in paragraph (c) of this section, APHIS representatives are authorized 
by the compliance agreement to furnish such neglected services or make 
arrangements for the sale or disposal of quarantined horses at the 
quarantine facility owner's expense.
    (ii) Personnel.
    (A) The operator must provide adequate personnel to maintain the 
facility and care for the horses in quarantine, including attendants to 
care for and feed horses, and other personnel as needed to maintain, 
operate, and administer the facility.
    (B) The operator must provide APHIS with an updated list of all 
personnel who have access to the facility. The list must include the 
names, current residential addresses, and identification numbers of 
each person, and must be updated with any changes or additions in 
advance of such person having access to the quarantine facility.
    (C) The operator must provide APHIS with signed statements from 
each person having access to the facility in which the person agrees to 
comply with paragraph (c) of this section and applicable provisions of 
this part, all terms of the compliance agreement, and any related 
instructions from APHIS representatives pertaining to quarantine 
operations, including contact with animals both inside and outside the 
facility.
    (iii) Authorized access. Access to the facility premises as well as 
inside the quarantine area will be granted only to APHIS 
representatives, authorized employees, and other personnel of the 
operator assigned to work at the facility. All other persons are 
prohibited from the premises unless specifically granted access by an 
APHIS representative. Any visitors granted access must be accompanied 
at all times by an APHIS representative while on the premises or in the 
quarantine area of the facility.
    (iv) Sanitary requirements.
    (A) All persons granted access to the quarantine area must:
    (1) Shower when entering and leaving the quarantine area.
    (2) Shower before entering a lot-holding area if previously exposed 
from access to another lot-holding area.
    (3) Shower when leaving the necropsy area if a necropsy is in the 
process of being performed or has just been completed, or if all or 
portions of the examined animal remain exposed.
    (4) Wear clean protective work clothing and footwear upon entering 
the quarantine area.
    (5) Wear disposable gloves when handling sick horses and then wash 
hands after removing gloves.
    (6) Change protective clothing, footwear, and gloves when they 
become soiled or contaminated.
    (7) Not have contact with any horses in the facility other than the 
lot or lots of horses to which the person is assigned or is granted 
access.
    (8) Not have contact with any horses outside the quarantine 
facility for at least 7 days after the last contact with the horses in 
quarantine, or for a period of time determined by the overseeing APHIS 
representative as necessary to prevent the transmission of communicable 
diseases of horses.
    (B) The operator is responsible for providing a sufficient supply 
of clothing and footwear to ensure that all persons provided access to 
the quarantine area at the facility have clean, protective clothing and 
footwear upon their initial entry and when they move from one lot of 
horses to another lot of horses.
    (C) The operator is responsible for the proper handling, washing, 
and disposal of soiled and contaminated clothing worn within the 
quarantine facility in a manner approved by APHIS as adequate to 
preclude transmission of any animal disease agent from the facility. At 
the end of each workday, work clothing worn into each lot-holding area 
must be collected and kept in a bag until the clothing is washed. Used 
footwear must either be left in the clothes changing area or cleaned 
with hot water (148  deg.F minimum) and detergent and disinfected as 
directed by an APHIS representative.
    (D) All equipment (including tractors) must be cleaned and 
disinfected prior to being used in the quarantine area of the facility 
with a disinfectant authorized in Sec. 71.10(a)(5) of this chapter or 
otherwise approved by the Administrator. The equipment must remain 
dedicated to the facility for the entire quarantine period. Any 
equipment used with quarantined horses (e.g., halters, floats) must 
remain dedicated to that particular lot of quarantined horses for the 
duration of the quarantine period or be cleaned and disinfected before 
coming in contact with horses from another lot. Prior to its use on 
another lot of horses or its removal from the quarantine premises, any 
equipment must be cleaned and disinfected to the satisfaction of an 
APHIS representative.
    (E) Any vehicle, upon entering or leaving the quarantine area of 
the facility, must be immediately cleaned and disinfected under the 
oversight of an APHIS representative with a disinfectant authorized in 
Sec. 71.10(a)(5) of this chapter or otherwise approved by the 
Administrator.
    (F) That area of the facility in which a lot of horses has been 
held or has had access to must be thoroughly cleaned and disinfected 
under the oversight of an APHIS representative upon release of the 
horses with a disinfectant authorized in Sec. 71.10(a)(5) of this 
chapter or otherwise approved by the Administrator before a new lot of 
horses is placed in that area of the facility.
    (v) Handling of the horses in quarantine.
    (A) All horses must be handled in accordance with paragraph (a) of 
this section.
    (B) Each lot of horses to be quarantined must be placed in the 
facility on an ``all-in, all-out'' basis. No horse may be taken out of 
the lot while it is in quarantine, except for diagnostic purposes, and 
no horse may be added to the lot while the lot is in quarantine.
    (C) The facility must provide sufficient feed and bedding for the 
horses in quarantine, and it must be free of vermin and not spoiled. 
Feed and bedding must originate from an area that

[[Page 44111]]

is not listed in 9 CFR 72.2 as an area quarantined for splenetic or 
tick fever.
    (D) Breeding of horses or collection of germplasm from horses is 
prohibited during the quarantine period unless necessary for a required 
import testing procedure.
    (E) Horses in quarantine will be subjected to such tests and 
procedures as directed by an APHIS representative to determine whether 
they are free from communicable diseases of horses. While in 
quarantine, horses may be vaccinated only with vaccines that have been 
approved by APHIS and that are administered by an APHIS veterinarian or 
an accredited veterinarian under the direct oversight of an APHIS 
representative. APHIS will approve a vaccine only if the vaccine is 
licensed by APHIS in accordance with Sec. 102.5 of this chapter.\17\
---------------------------------------------------------------------------

    \17\ A list of approved vaccines is available from National 
Center for Import and Export, Veterinary Services, APHIS, 4700 River 
Road, Unit 39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (F) Any death or suspected illness of horses in quarantine must be 
reported immediately to APHIS. The affected horses must be disposed of 
as the Administrator may direct or, depending on the nature of the 
disease, must be cared for as directed by APHIS to prevent the spread 
of disease.
    (G) Quarantined horses requiring specialized medical attention or 
additional postmortem testing may be transported off the quarantine 
site, if authorized by APHIS. A second quarantine site must be 
established to house the horses at the facility of destination (e.g., 
veterinary college hospital). In such cases, APHIS may extend the 
quarantine period until the results of any outstanding tests or 
postmortems are received.
    (H) Should the lot of horses become infected with or exposed to a 
communicable disease of horses, arrangements for the final disposition 
of the infected or exposed lot must be accomplished within 4 work days 
following disease confirmation. Subsequent disposition of the horses 
must occur under the direct oversight of APHIS representatives. The 
operator must have a preapproved contingency plan for the possible 
disposal of all horses housed in the facility prior to issuance of the 
import permit.
    (vi) Records.
    (A) The facility operator must maintain a current daily log to 
record the entry and exit of all persons entering and leaving the 
quarantine facility.
    (B) The operator must maintain the daily log, along with any logs 
kept by APHIS and deposited with the operator, for at least 2 years 
following the date of release of the horses from quarantine and must 
make such logs available to APHIS representatives upon request.
    (5) Environmental quality. If APHIS determines that a privately 
operated quarantine facility does not meet applicable local, State, or 
Federal environmental regulations, APHIS may deny or suspend approval 
of the facility until appropriate remedial measures have been applied.
    (6) Variances. The Administrator may grant variances to existing 
requirements relating to location, construction and other design 
features of the physical facility, as well as to sanitation, security, 
operating procedures, recordkeeping, and other provisions of paragraph 
(c) of this section, but only if the Administrator determines that the 
variance causes no detrimental impact to the overall biological 
security of the quarantine operations. The operator must submit a 
request for a variance to the Administrator in writing at least 30 days 
in advance of the arrival of horses to the facility. Any variance must 
also be expressly provided for in the compliance agreement.
    8. In Sec. 93.309, the section heading would be revised to read as 
follows:


Sec. 93.309  Horse quarantine facilities; payment information.

* * * * *
    9. Section 93.310 would be revised to read as follows:


Sec. 93.310  Quarantine stations, visiting restricted; sales 
prohibited.

    Visitors are not permitted in the quarantine enclosure during any 
time that horses are in quarantine unless an APHIS representative 
specifically grants access under such conditions and restrictions as 
may be imposed by APHIS. An importer (or his or her agent or accredited 
veterinarian) may be admitted to the lot-holding area(s) containing his 
or her quarantined horses at such intervals as may be deemed necessary, 
and under such conditions and restrictions as may be imposed, by an 
APHIS representative. On the last day of the quarantine period, owners, 
officers or registry societies, and others having official business or 
whose services may be necessary in the removal of the horses may be 
admitted upon written permission from an APHIS representative. No 
exhibition or sale shall be allowed within the quarantine grounds.

    Done in Washington, DC, this 24th day of June, 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-16337 Filed 6-28-02; 8:45 am]
BILLING CODE 3410-34-P