[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Proposed Rules]
[Pages 42318-42326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14994]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / 
Proposed Rules  

[[Page 42318]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2006-0164]
RIN 0579-AC35


Temporary Importation of Horses; Noncompetitive Entertainment 
Horses From Countries Affected With Contagious Equine Metritis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to allow 
noncompetitive entertainment horses from countries affected with 
contagious equine metritis to be temporarily imported into the United 
States under certain conditions. The regulations currently provide for 
the temporary importation of horses from countries affected with 
contagious equine metritis to compete in specified events. In recent 
years it has become evident that similar provisions are needed for 
noncompetitive entertainment horses. This action would allow the 
temporary importation of horses into the United States solely for 
public exhibition and entertainment purposes while continuing to 
protect against the introduction and dissemination of contagious equine 
metritis.

DATES: We will consider all comments that we receive on or before 
October 1, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0164 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0164, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0164.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Ellen M. Buck, Veterinary Medical 
Officer, Import/Export Animals, 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 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals 
into the United States to prevent the introduction of communicable 
diseases of livestock and poultry. Subpart C--Horses, Sec. Sec.  93.300 
through 92.326 of the regulations, pertains to the importation of 
horses into the United States.
    Section 93.301 of the regulations contains specific provisions for 
the quarantine and testing of horses from regions affected with 
contagious equine metritis (CEM), a highly contagious bacterial 
venereal disease that affects breeding and fertility. This section also 
identifies regions where CEM exists and regions that trade horses 
freely with those where CEM exists without testing for CEM.
    To prevent the introduction of CEM into the United States, Sec.  
93.301(c)(1) prohibits the importation of horses into the United States 
from listed regions unless the horses are imported in accordance with 
certain requirements. To be eligible for importation, the horses must 
fall into one of the following categories:
     Wild (non-domesticated) species of equidae if captured in 
the wild or imported from a zoo or other facility where it would be 
unlikely that the animal would come in contact with domesticated horses 
used for breeding;
     Geldings;
     Weanlings or yearlings whose age is certified on the 
import health certificate required under Sec.  93.314(a);
     Horses imported in accordance with conditions prescribed 
by the Administrator as provided in Sec.  93.301(a);
     Spanish Pure Breed horses imported for permanent entry 
from Spain or thoroughbred horses imported for permanent entry from 
France, Germany, Ireland, or the United Kingdom as provided in Sec.  
93.301(d);
     Stallions or mares over 731 days of age imported for 
permanent entry as provided in Sec.  93.301(e);
     Horses over 731 days of age imported into the United 
States for no more than 90 days to compete in specified events as 
provided in Sec.  93.301(f); and
     U.S. horses returning to the United States as provided in 
Sec.  93.301(g).
    The Animal and Plant Health Inspection Service (APHIS) has used the 
provisions in Sec.  93.301(f), relating to the temporary importation of 
horses for competition, to allow the temporary importation of 
noncompetitive entertainment horses into the United States. Several 
performance horse groups have asked APHIS to extend the 90-day limit 
provided for in Sec.  93.301(f) so that they may exhibit and show their 
horses in the United States for longer periods of time. In addition, 
the United States Animal Health Association has recommended that APHIS 
amend the regulations to establish a category for noncompetitive 
entertainment horses.
    APHIS has conducted a risk assessment to evaluate the risk of 
allowing the extended importation of noncompetitive entertainment 
horses

[[Page 42319]]

from countries affected by CEM without requiring CEM testing, and the 
risk of the U.S. Department of Agriculture (USDA) losing track of these 
horses during extended importation. The risk assessment, titled 
``Assessment of the Risk of Introduction of Contagious Equine Metritis 
(CEM) through the Extended Importation of Noncompetitive Entertainment 
Horses from CEM-affected countries,'' may be viewed on the 
Regulations.gov Web site (see ADDRESSES at the beginning of this 
document for instructions for accessing Regulations.gov). Copies of the 
risk assessment may be obtained by calling or writing to the person 
listed under FOR FURTHER INFORMATION CONTACT.
    The risk assessment concluded that the risk posed by allowing the 
extended importation of noncompetitive entertainment horses from CEM-
affected countries would be extremely low, with the application of the 
restrictions described in this proposed rule. In addition, the risk 
assessment concluded that the risk of USDA losing track of the animals 
was extremely low due to the extensive supervision and involvement of 
APHIS personnel and the accredited veterinarian.
    Accordingly, we are proposing to amend the regulations in Sec.  
93.301 to establish conditions under which noncompetitive entertainment 
horses from CEM-affected regions may be imported into the United States 
for longer than 90 days solely for public exhibition and entertainment 
purposes. Because the conditions would be very similar to the 
conditions in Sec.  93.301(f), which provides for the temporary 
importation of horses to compete in specified events, we would amend 
Sec.  93.301(f) to apply to both types of imported horses. We would 
also amend the regulations pertaining to import permits in Sec.  93.304 
to require the submission of additional information with the 
application for an import permit.
    As with horses imported for competition, we are proposing to 
provide two primary safeguards against the horses transmitting CEM 
while in the United States. First, a representative of APHIS would 
monitor the horses whenever they are not in transit in the United 
States. Second, we would require stringent measures to ensure that the 
horses are kept apart from other horses, except when performing or 
being exhibited or exercised. Because CEM is a venereal disease 
transmitted by sexual contact, there is virtually no risk that a horse 
will transmit the disease through casual contact with other horses 
during a performance, exhibition, or exercise.

Import Permit and Health Certificate

    In addition to the current requirements in Sec.  93.304(a) for an 
import permit, we are proposing that the owner or importer would have 
to supply the following information to APHIS with the application for 
the permit:
     The individual identifying information for all horses to 
be imported;
     The permanent electronic identification of each horse to 
be imported, if applicable;
     Photographs (head and lateral views) of each horse that 
are sufficient to identify the horse on an electronic medium approved 
by APHIS;
     The proposed total length of stay in the United States;
     A description of the shows or events in which the horse 
would perform while in the United States;
     The names and locations of the venues in which the horse 
would perform while in the United States, and the dates the horse would 
perform at each venue;
     The names and locations of the premises on which the horse 
would be kept while in the United States, and the dates the horse would 
be kept on each premises;
     The methods and routes by which the horse would be 
transported while in the United States;
     A written plan for handling sick or injured horses that 
includes the name, address, and phone number of each accredited 
veterinarian who would provide veterinary services in the United 
States; the name, address, and phone number of medical facilities to be 
used to diagnose or treat sick or injured horses while in the United 
States; and a plan to return sick or injured horses to performance 
condition; and
     An application for a trust fund or escrow account 
agreement with APHIS.
    This information would allow APHIS to monitor the location of the 
horse while it is in the United States and to confirm compliance with 
the required isolation and handling procedures to ensure that the horse 
does not transmit CEM to any other horse while in this country.
    Given the potential for long stays in the United States for 
noncompetitive entertainment horses, APHIS must have current 
information about the horses and their itinerary in order to 
effectively monitor the horses for compliance with the regulations. 
Therefore, we would require that while in the United States, the owner 
or importer apply for and obtain from APHIS an import permit each year 
prior to the anniversary date of the horse's arrival in the United 
States. This would ensure that APHIS has current information about the 
horses and their itinerary for monitoring purposes.
    As with horses imported for competition, we would require that, at 
the time of importation, each horse be accompanied by an import permit 
in accordance with Sec.  93.304 and a health certificate in accordance 
with Sec.  93.314. However, we would also require the health 
certificates for noncompetitive entertainment horses to certify that 
cultures negative for CEM have been collected from each horse on three 
separate occasions within a 7-day period, with the last set of 
specimens collected within 30 days of exportation. This would help to 
ensure that horses infected with CEM do not enter this country and 
jeopardize the health of the U.S. horse population.

Restrictions Following Arrival in the United States

    We are proposing to allow horses over 731 days of age to be 
imported into the United States solely for noncompetitive public 
exhibition and entertainment purposes. Such horses would be allowed to 
remain in the United States indefinitely as long as the conditions in 
the regulations are met. While in the United States, the horse would be 
prohibited from entering competitions and would have to be regularly 
used in performances or exhibitions, unless sick or injured. A horse 
that is no longer performing or being exhibited would be required to be 
exported or made eligible for permanent entry. In addition, a 
noncompetitive entertainment horse would have to be kept with the other 
horses listed on the import permit, unless otherwise approved by an 
APHIS representative. We expect that such approvals would be granted 
for diagnosis or treatment of a medical condition, pre-export 
isolation, or quarantine for permanent entry.
    As with horses imported for competition, we would require a 
noncompetitive entertainment horse to be moved according to the 
itinerary and methods of transport specified in the import permit. 
However, we are proposing to allow horses imported for competition and 
noncompetitive entertainment horses to be moved for diagnosis or 
treatment of a medical condition with the prior approval of an APHIS 
representative. APHIS has always allowed such movements; however, we 
are proposing to add that provision to the regulations to make it clear 
to the public.
    We are proposing that, while in the United States, the horse would 
be monitored by an accredited veterinarian

[[Page 42320]]

or APHIS representative to ensure that the horse is moved according to 
the itinerary and methods specified in the import permit, kept 
separated from other horses not listed on the import permit, and not 
used for breeding purposes (including artificial insemination or semen 
collection) or has any other sexual contact with other horses. The 
horse could not be kept on a breeding premises.
    We would require that the horse be kept in a pasture or stall 
separate from other horses not listed on the import permit, except when 
actually performing or being exhibited or exercised. The stall in which 
the horse is kept would have to be separated from other stalls 
containing horses that are not listed on the import permit, either by 
an empty stall, by an open area across which horses cannot touch each 
other, or by a solid wall that is at least 8 feet (2.4 meters) high. 
The premises on which the horse is kept would have to be approved in 
writing by an APHIS representative.
    As noted above, we would require that the horse not be used for 
breeding purposes or have any other sexual contact with other horses. 
However, in contrast to horses imported for competition, we would allow 
a noncompetitive entertainment horse to undergo genital examinations 
necessary for diagnosis or treatment of a medical condition with the 
prior approval of an APHIS representative. This provision would allow 
the horse to receive appropriate medical care during its extended stay 
in the country.
    We are also proposing to apply the transportation and cleaning and 
disinfection requirements for horses imported for competition that are 
contained in the current regulations to noncompetitive entertainment 
horses. Thus, we would require that, while the horse is in transit, it 
would have to be moved either in an aircraft or a sealed van or trailer 
and, except in situations where the horse's life is in danger, only an 
APHIS representative would be permitted to break the seal on a van or 
trailer used to move the horse. Additionally, we would require that 
after the horse is transported anywhere in the United States, any 
vehicle in which the horse was transported would have to be cleaned and 
disinfected in the presence of an APHIS representative, according to 
the procedures for cleaning and disinfection specified in 9 CFR 71.7 
through 71.12 of the regulations. We would also require that, in most 
instances, the cleaning and disinfection would have to be done before 
the vehicle is moved from the place where the horse is unloaded. 
However, in cases where there are inadequate facilities or equipment 
for cleaning and disinfection at the place where the horse is unloaded, 
the Administrator would have the discretion to allow the vehicle to be 
moved to another location for cleaning and disinfection, when the move 
would not pose a disease risk to other horses in the United States.

Change in Itinerary

    We are proposing that if the owner or importer wishes to change the 
horse's itinerary or the methods by which the horse is transported from 
those specified in the import permit, the owner or importer would have 
to make the request for change in writing to the Administrator. Such 
requests would have to be submitted at least 15 days before the 
proposed date of any change. We propose that this provision would also 
apply to horses imported for competition. This would ensure that APHIS 
has enough time to process the request, including inspecting any new 
premises, and to arrange for the required monitoring before the date of 
the proposed change. The change in itinerary or means of transport 
would not be permitted without the written approval of the 
Administrator, who would have the discretion to grant the request for 
change when he or she determines that granting the request would not 
endanger other horses in the United States, and that sufficient APHIS 
personnel would be available to provide the services requested by the 
owner or importer.

Permanent Entry

    We are proposing that noncompetitive entertainment stallions or 
mares over 731 days of age would be eligible to remain in the United 
States if the horse meets the provisions for permanent entry in the 
current regulations. Specifically, the horse's owner or importer would 
have to: (1) Apply for and receive a new import permit from APHIS that 
specifies that the stallion or mare would be moved to an approved 
State; and (2) transport the stallion or mare in a sealed vehicle that 
has been cleaned and disinfected to an approved facility in an approved 
State where it is quarantined under State or Federal supervision until 
the stallion or mare has met the testing and treatment requirements of 
Sec.  93.301(e)(3) or (e)(5).

Cancellation of Import Permit

    We are proposing to apply to noncompetitive entertainment horses 
the provisions relating to the cancellation of an import permit and the 
appeals process that currently appear in the regulations pertaining to 
horses imported for competition. Specifically, we are proposing that if 
the provisions described in this proposed rule are not met, the 
Administrator would cancel the import permit that allows the 
importation of the horse into the United States and that allows the 
horse to stay in this country. If the cancellation is oral, the 
decision and the reason for cancellation of the permit would be 
confirmed in writing as promptly as circumstances allow. The owner or 
importer would be able to appeal the cancellation of the permit in 
writing to the Administrator within 10 days after receiving either oral 
or written notification of the cancellation, whichever is earlier. If 
the appeal is sent by mail, it would have to be postmarked within 10 
days after the owner or importer receives the notification of 
cancellation. The appeal would have to include all of the facts and 
reasons upon which the person relies to show that the import permit was 
wrongfully canceled. If there is a conflict as to any material fact, a 
hearing would be held to resolve the conflict. These provisions would 
satisfy due process requirements pertaining to the cancellation of an 
import permit.
    We are also proposing that, except in those cases where an appeal 
is in process, any person whose import permit is canceled would have to 
move his or her horse out of the United States within 10 days after 
receiving an oral or written notice of cancellation, whichever is 
earlier. The horse would not be permitted to perform or be exhibited 
from the date the owner or importer receives the notice of cancellation 
until the horse is moved out of the United States or until resolution 
of an appeal in favor of the owner or importer. Except when being 
exercised, the horse would have to be kept in a stall that is separated 
from other stalls containing horses that are not listed on the import 
permit, either by an empty stall, an open area across which horses 
cannot touch each other, or a solid wall that is at least 8 feet (2.4 
meters) high.
    Until the horse is removed from the United States or an appeal is 
resolved in favor of the owner or importer, the horse would have to be 
kept, at the expense of the owner or importer, either on the premises 
at which the horse is located when the notice of cancellation is 
received or, if the horse is in transit when the notice of cancellation 
is received, on the premises at which it is next scheduled to perform 
or be exhibited. However, in cases where the owners of the premises do 
not permit the horse to stay on those premises, or

[[Page 42321]]

when the Administrator determines that keeping the horse at the 
premises would pose a disease risk to other horses in the United 
States, the horse would have to be kept, at the expense of the owner or 
importer, on an alternative premises approved by the Administrator.

Trust Fund Agreement and Cost of Government-Provided Services

    We are proposing to require that noncompetitive entertainment 
horses be imported and maintained in the United States in accordance 
with a trust fund agreement executed by the horse's owner or importer. 
The current regulations already require that a trust fund agreement be 
executed for horses imported into the United States to compete in 
specified events. We would extend these provisions to noncompetitive 
entertainment horses to ensure that the government is reimbursed for 
the services it provides.
    Under the trust fund agreement, the owner or importer would have to 
deposit with APHIS an amount equal to the estimated cost, including 
travel, subsistence, administrative expenses, and incidental expenses, 
as determined by APHIS, for an APHIS representative to: (1) Inspect the 
premises at which the horse would perform or be exhibited; (2) conduct 
the required monitoring of the horse at the premises at which it 
competes; and (3) supervise cleaning and disinfecting the means of 
conveyance in which the horses travels while in the United States. The 
estimated costs would be based on the following factors:
     Number of hours needed for an APHIS representative to 
conduct the required inspection and monitoring;
     For services provided during regular business hours (8 
a.m. to 4:30 p.m., Monday through Saturday, except holidays), the 
average salary, per hour, for an APHIS representative;
     For services provided outside regular business hours, the 
applicable rate for overtime, night differential, or Sunday or holiday 
pay, based on the average salary, per hour, for an APHIS 
representative;
     Number of miles from the premises at which the horse 
competes, performs, or is exhibited to the APHIS office or facility 
that is monitoring the activities;
     Government rate per mile for automobile travel or, if 
appropriate, cost of other means of transportation between the premises 
at which the horse competes, performs, or is exhibited and the APHIS 
office or facility;
     Number of trips between the premises at which the horse 
competes, performs, or is exhibited and the APHIS office or facility 
that APHIS representatives are required to make in order to conduct the 
required inspection and monitoring;
     Number of days the APHIS representative conducting the 
inspection and monitoring must be in ``travel status;''
     Applicable government per diem rate; and
     Cost of related administrative support services.
    During the horse's stay in the United States, if we determine that 
the amount deposited would not fully cover the services we are 
scheduled to provide during the remainder of the horse's stay, we would 
issue a bill for the difference to the horse's owner or importer. The 
horse's owner or importer would have to pay amounts billed within 14 
days after receiving the bill. If the bill is not paid within that 
time, we would cease to perform the services provided for in this 
proposed rule until the bill is paid. The Administrator would inform 
the owner or importer of the cessation of services orally or in 
writing. If the notice is oral, it would be confirmed in writing as 
soon as circumstances permit, along with the reasons for it.
    In such a case, the horse would have to be kept, at the expense of 
the owner or importer and until the bill is paid, either on the 
premises at which the horse is located when the notice of cessation of 
services is received or, if the horse is in transit when the notice of 
cessation is received, on the premises at which it is next scheduled to 
perform or be exhibited according to the import permit. The horse would 
have to be kept in a stall that is separated from other stalls 
containing horses that are not listed on the import permit either by an 
empty stall, an open area across which horses cannot touch each other, 
or a solid wall that is at least 8 feet (2.4 meters) high. In cases 
where the owners of the premises where the horse would be expected to 
stay do not permit the horse to be kept on those premises, or when the 
Administrator determines that keeping the horse on the premises would 
pose a disease risk to other horses in the United States, the horse 
would have to be kept, at the expense of the owner or importer, on an 
alternative premises approved by the Administrator. Until the bill is 
paid, the horse would not be permitted to perform or be exhibited. Any 
amount deposited in excess of the cost to APHIS of providing the 
services required would be refunded to the owner or importer.

Miscellaneous

    In this document, we are also updating the name of the breed 
association in Spain that is specifically approved by the U.S. 
Department of Agriculture to provide factual, current information 
regarding the activities of Spanish Pure Breed horses for the purposes 
of Sec.  93.301(d). The current regulations identify the breed 
association in Spain as ``Jefatura de Cria Caballar Registro 
Matricula.'' The Spanish Government has notified APHIS that the name of 
the breed association has been changed to ``Asociacion Nacional de 
Criadores de Caballos de Pura Raza Espanola.''

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.
    Currently, Sec.  93.301(f) provides that mares and stallions over 
731 days old from CEM-affected countries may be temporarily imported 
into the United States to compete in specified events for no longer 
than 90 days without meeting CEM quarantine and testing requirements 
that would otherwise apply to such horses. These same provisions have 
been used to authorize the temporary importation of noncompetitive 
entertainment horses. Several performance horse groups have requested 
that APHIS extend the 90-day limit so that they may exhibit and show 
their horses in the United States for longer periods.
    We are proposing to amend the regulations to establish conditions 
under which noncompetitive entertainment horses (stallions and mares) 
over 731 days of age from CEM-affected countries could remain in the 
United States for longer than 90 days for public exhibition and 
entertainment purposes without undergoing the CEM quarantine and 
testing prescribed in the regulations.
    The horse industry plays an important role in the U.S. economy. 
There were 542,223 farms with 3.644 million horses valued at $9.9 
billion in the U.S. in 2002.\1\ According to a recent study done for 
the American Horse Council, the number and value of horses are much 
larger than those reported in the 2002 Census of Agriculture: 2 million 
people owning 9.2 million horses with direct

[[Page 42322]]

value of about $39 billion.\2\ Both sets of data underscore the 
importance of the equine industry. In addition, other agricultural and 
non-agricultural sectors are dependent on the horse industry for their 
economic activity. Horses are a highly valued asset, especially those 
with a specific pedigree.
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    \1\ 2002 Census of Agriculture (NASS).
    \2\ Deloitte Consulting LLP for American Horse Council, National 
Economic Impact of the U.S. Horse Industry, 2005.
---------------------------------------------------------------------------

    Horses also play an important role in U.S. international trade. The 
value of U.S. horse exports ($449 million) was more than the combined 
export value of cattle, hogs and sheep and goats ($65 million) between 
2003 and 2005.\3\
---------------------------------------------------------------------------

    \3\ Global Trade Information Services (GTIS), World Trade Atlas.
---------------------------------------------------------------------------

    The United States imported a total of 31,198 horses in 2005. Nearly 
67 percent of horses imported were from Canada and 7.6 percent were 
from Mexico. Of the total imports, 25,564 were from non-CEM countries 
and the remaining 5,634 were from CEM countries. The proportion of 
horse imports that are pure breeding horses is small. Of the above 
total, 2,341 were purebred breeding horses. Only 340 purebred breeding 
horses were imported from CEM countries.\4\ However, horses supplied by 
CEM-affected countries are generally highly valued. In 2005, for 
example, the average value of purebred breeding horses imported from 
CEM-affected regions was $41,220, whereas the average value of purebred 
breeding horses imported from countries not affected by CEM was 
$17,180.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    Although the disease does not result in death, CEM can be 
economically costly. The direct consequence may include the closing of 
breeding operations, production losses as a result of abortion, and 
costs of disease control. A CEM outbreak would result in the quarantine 
of affected horse farms, temporary cessation of breeding operations, 
and restriction of both intrastate and interstate movement. For some 
breeders, this could mean the loss of thousands or even millions of 
dollars in stud fees and breeding losses. Other consequences include 
trade restrictions that may be imposed by international trading 
partners.
    The noncompetitive entertainment horses that would be affected by 
this rule would not be allowed to have direct contact with horses 
outside those listed on their permit and could not be used for breeding 
purposes at any time while in the United States, including breeding 
with horses in the same show. Additionally, these horses may not 
undergo any genital examinations (unless required for diagnosis and 
treatment of a medical condition with prior approval of an APHIS 
representative), semen collection, or artificial insemination. 
Furthermore, since these are very specialized performance animals, 
domestic breeders would not be affected if this rule were to increase 
the amount of time the imported horses are in the United States.
    Horses arriving in the United States from abroad are quarantined at 
a USDA Animal Import Center, generally for 3 days. Horses temporarily 
imported are required to exit the United States and be readmitted, 
following quarantine and testing, every 90 days. Each entry after 90 
days is considered a new entry into the United States. The USDA charges 
a minimum of $810 for the 3-day quarantine. In addition to this 
facility charge, user fees of $80 are paid for blood testing, resulting 
in a total quarantine and testing cost per horse of $890. The proposed 
rule would allow imported performance horses to stay in the U.S. longer 
than 90 days without their owners having again to pay USDA import 
quarantine and testing costs. This is a saving that accrues to the 
importing entities and is likely to counterbalance their costs 
associated with supervisory activities of APHIS and/or an accredited 
veterinarian.
    The number of entities and horses expected to be directly affected 
by this rule is not large. We anticipate that between 1 and 10 
performing groups varying in size from 5 to 40 horses (or a total of 
between 5 and 400 horses) would utilize the proposed exception each 
year. Given that there are over a million domestic show horses, even 
the upper quantity represents a very small fraction of the total supply 
(0.04 percent).
    The Small Business Administration (SBA) has established guidelines 
for determining which types of firms are to be considered small under 
the Regulatory Flexibility Act. This rule may affect operations such as 
zoological parks (North American Industry Classification System [NAICS] 
code 712130), and animal performances including circuses, carnivals, 
and amusement parks (NAICS code 711190). SBA classifies these 
operations as small entities if their annual receipts are not more than 
$6.5 million. Of the approximately 850 such establishments, about 12.5 
percent are considered to be large. The subset of these entities that 
temporarily import noncompetitive entertainment horses from CEM 
countries would benefit from the forgone costs of having the horses 
exit and reenter the United States every 90 days. On the other hand, 
they would bear the cost of supervisory activities by APHIS and/or an 
accredited veterinarian. The overall impact is expected to be 
insignificant, given the relatively small number of noncompetitive 
entertainment horses imported from CEM countries. Other operations that 
may remotely be affected are domestic suppliers of similar horses 
(NAICS code 112920). According to the 2002 Census of Agriculture, that 
year there were 542,223 horse farms with 3,644,278 horses in the United 
States, of which 124,596 farms sold 470,423 horses that had a total 
value of over $1.13 billion.\5\ An unknown share of these farms supply 
show horses that could be comparable to the noncompetitive 
entertainment horses imported temporarily from CEM affected countries. 
SBA classifies horse farms as small entities if their annual receipts 
are not more than $750,000; \6\ over 99 percent are considered to be 
small.
---------------------------------------------------------------------------

    \5\ As stated above, the census total is much less than the 
total reported by the American Horse Council Foundation. According 
to that report, there were 9,222,847 horses in 2005 (Deloitte 
Consulting LLP, National Economic Impact of the U.S. Horse 
Industry). Of this total, 9 percent were racing, 30 percent showing, 
42 percent recreation and 19 percent other (http://www.horsecouncil.org/statistics.htm).
    \6\ SBA, Small Business Size Standards matched to North American 
Industry Classification System, Effective July 31, 2006; and U.S. 
Census Bureau, 2002 Economic Census: Manufacturing-Industries 
Series, Wholesale Trade-Subject Series and Transportation and 
Warehousing-Subject Series, Issued August, 2006.
---------------------------------------------------------------------------

    Entities that may be affected by the rule are principally small 
businesses, but the impact of the rule is not expected to be 
significant. Because the pool of noncompetitive entertainment horses 
that are temporarily imported is a small fraction of the total number 
of show horses in the United States, any effects of the proposed rule 
for U.S. entities would be very small.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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.

[[Page 42323]]

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 comments refer to Docket No. APHIS-
2006-0164. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0164, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 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.
    We are proposing to amend the regulations to allow noncompetitive 
entertainment horses from countries affected with CEM to be temporarily 
imported into the United States under conditions very similar to the 
conditions in Sec.  93.301(f), which provides for the temporary 
importation of horses to compete in specified events. In addition, we 
are proposing to require the submission of additional information with 
the application for an import permit.
    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
    (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 1.4 hours per response.
    Respondents: Importers of noncompetitive entertainment horses.
    Estimated annual number of respondents: 15.
    Estimated annual number of responses per respondent: 1.333333333.
    Estimated annual number of responses: 20.
    Estimated total annual burden on respondents: 28 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact 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, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

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

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

    2. Section 93.301 is amended as follows:
    a. In paragraph (c)(2)(vii), by removing the words ``paragraph 
(f)'' and adding the words ``paragraph (f)(1)'' in their place, and by 
removing the word ``and'' at the end of the sentence.
    b. By redesignating paragraph (c)(2)(viii) as paragraph (c)(2)(ix) 
and adding a new paragraph (c)(2)(viii) to read as set forth below.
    c. In footnote 6, by removing the words ``Jefatura de Cria Caballar 
Registro Matricula for Spain'' and adding the words ``Asociacion 
National de Criadores de Caballos de Pura Raza Espanola for Spain'' in 
their place.
    d. By revising paragraph (f) to read as set forth below.


Sec.  93.301  General prohibitions; exceptions.

* * * * *
    (c) * * *
    (2) * * *
    (viii) Horses over 731 days of age imported into the United States 
for noncompetitive public exhibition and entertainment purposes if the 
horses meet the requirements of paragraph (f)(2) of this section; and
* * * * *
    (f) Special provisions for temporary importation for competition or 
entertainment purposes. (1) Horses over 731 days of age may be imported 
into the United States for no more than 90 days to compete in specified 
events provided that the conditions in paragraphs (f)(3) through 
(f)(12) of this section are met.
    (2) Horses over 731 days of age may be temporarily imported into 
the United States solely for noncompetitive public exhibition and 
entertainment purposes provided that the conditions in paragraphs 
(f)(3) through (f)(12) of this section are met.
    (3) At the time of importation, each horse must be accompanied by 
an import permit in accordance with Sec.  93.304 and a health 
certificate issued in accordance with Sec.  93.314. For horses imported 
in accordance with paragraph (f)(2) of this section, the health 
certificate must also certify that cultures negative for CEM were 
obtained from sets of specimens collected on three separate occasions 
within a 7-day period from the mucosal surfaces of the clitoral fossa 
and the clitoral sinuses of any female horses and from the surfaces of 
the prepuce, the urethral sinus, and the fossa glandis, including the 
diverticulum of the fossa glandis, of any male horses. For both female 
and male horses, the sets of specimens must be collected on days 1, 4, 
and 7 of the 7-day period, and the last of these sets of specimens must 
be collected within 30 days of exportation. All specimens required by 
this paragraph must be collected by a licensed veterinarian who either 
is, or is acting in the presence of, the veterinarian signing the 
certificate.
    (4) Following the horse's arrival in the United States:
    (i) A horse imported in accordance with paragraph (f)(1) of this 
section may remain in the United States for not more

[[Page 42324]]

than 90 days, except as provided in paragraph (f)(9) of this section.
    (ii) A horse imported in accordance with paragraph (f)(2) of this 
section may remain in the United States indefinitely, except as 
provided in paragraph (f)(9) of this section, as long as the conditions 
of paragraphs (f)(3) through (f)(12) of this section are met and the 
horse's owner or importer applies for and obtains from APHIS an import 
permit, as provided for in Sec.  93.304, each year prior to the 
anniversary date of the horse's arrival in the United States.
    (5) While the horse is in the United States, the following 
conditions must be met:
    (i) A horse imported in accordance with paragraph (f)(2) of this 
section:
    (A) Must not be entered in competitions.
    (B) Must be regularly used in performances or exhibitions, unless 
sick or injured. A horse that is no longer performing or being 
exhibited must be exported or made eligible for permanent entry in 
accordance with paragraph (f)(9) of this section.
    (C) Must be kept with the other horses listed on the import permit, 
unless otherwise approved by an APHIS representative.
    (ii) Except as provided in paragraph (f)(5)(viii) of this section, 
the horse must be moved according to the itinerary and methods of 
transport specified in the import permit provided for in Sec.  93.304.
    (iii) The horse must be monitored by an accredited veterinarian or 
APHIS representative to ensure that the provisions of paragraphs 
(f)(5)(ii), (f)(5)(vi), and (f)(5)(vii) of this section are met. If the 
monitoring is performed by an accredited veterinarian, the Veterinarian 
in Charge will ensure that the accredited veterinarian is familiar with 
the requirements of this section and spot checks will be conducted by 
an APHIS representative to ensure that the requirements of this section 
are being met. If an APHIS representative finds that requirements are 
not being met, the Administrator may require that all remaining 
monitoring be conducted by APHIS representatives to ensure compliance.
    (iv) Except when in transit, the horse must be kept on a premises 
that has been approved by an APHIS representative. For horses imported 
in accordance with paragraph (f)(1) of this section, such approval may 
be oral or in writing. If the approval is oral, it will be confirmed in 
writing by the Administrator as soon as circumstances permit. For 
horses imported in accordance with paragraph (f)(2) of this section, 
the approval will be in writing. To receive approval, the premises:
    (A) Must not be a breeding premises; and
    (B) Must be or contain a building in which the horse can be kept in 
a stall that is separated from other stalls that contain horses that 
are not listed on the import permit, either by an empty stall, by an 
open area across which horses cannot touch each other, or by a solid 
wall that is at least 8 feet (2.4 meters) high.
    (v) While in transit, the horse must be moved in either an aircraft 
or a sealed van or trailer. If the horse is moved in a sealed van or 
trailer, the seal may be broken only by an APHIS representative at the 
horse's destination, except in situations where the horse's life is in 
danger.
    (vi) Except when actually competing, performing, or being exhibited 
or exercised, the horse must be kept in a pasture approved by APHIS or 
in a stall that is separated from other stalls containing horses that 
are not listed on the import permit, either by an empty stall, by an 
open area across which horses cannot touch each other, or by a solid 
wall that is at least 8 feet (2.4 meters) high.
    (vii) The horse may not be used for breeding purposes (including 
artificial insemination or semen collection) and may not have any other 
sexual contact with other horses. The horse may not undergo any genital 
examinations, except that a horse imported in accordance with paragraph 
(f)(2) of this section may undergo genital examinations for diagnosis 
or treatment of a medical condition with the prior approval of an APHIS 
representative.
    (viii) The horse may be moved for diagnosis or treatment of a 
medical condition with the prior approval of an APHIS representative.
    (ix) After the horse is transported anywhere in the United States, 
any vehicle in which the horse was transported must be cleaned and 
disinfected in the presence of an APHIS representative, according to 
the procedures specified in Sec. Sec.  71.7 through 71.12 of this 
chapter, before any other horse is transported in the vehicle.
    (x) The cleaning and disinfection specified in paragraph (f)(5)(ix) 
of this section must be completed before the vehicle is moved from the 
place where the horse is unloaded. In those cases where the facilities 
or equipment for cleaning and disinfection are inadequate at the place 
where the horse is unloaded, the Administrator may allow the vehicle to 
be moved to another location for cleaning and disinfection when the 
move will not pose a disease risk to other horses in the United States.
    (xi) The owner or importer of the horse must comply with any other 
provisions of this part applicable to him or her.
    (6) If the owner or importer wishes to change the horse's itinerary 
or the methods by which the horse is transported from that which he or 
she specified in the application for the import permit, the owner or 
importer must make the request for change in writing to the 
Administrator. Requests for change must be submitted to APHIS no less 
than 15 days before the proposed date of the change. Requests should be 
sent to the Administrator, c/o Import-Export Animals Staff, VS, APHIS, 
4700 River Road Unit 39, Riverdale, MD 20737-1231. The change in 
itinerary or method of transport may not be made without the written 
approval of the Administrator, who may grant the request for change 
when he or she determines that granting the request will not endanger 
other horses in the United States and that sufficient APHIS personnel 
are available to provide the services required by the owner or 
importer.
    (7) The Administrator may cancel, orally or in writing, the import 
permit provided for under Sec.  93.304 whenever the Administrator finds 
that the owner or importer of the horse has not complied with the 
provisions of paragraphs (f)(3) through (f)(6) of this section or any 
conditions imposed under those provisions. If the cancellation is oral, 
the Administrator will confirm the cancellation and the reasons for the 
cancellation in writing as soon as circumstances permit. Any person 
whose import permit is cancelled may appeal the decision in writing to 
the Administrator within 10 days after receiving oral or written 
notification of the cancellation, whichever is earlier. If the appeal 
is sent by mail, it must be postmarked within 10 days after the owner 
or importer receives oral or written notification of the cancellation, 
whichever is earlier. The appeal must include all of the facts and 
reasons upon which the person relies to show that the import permit was 
wrongfully cancelled. The Administrator will grant or deny the appeal 
in writing as promptly as circumstances permit, stating the reason for 
his or her decision. If there is a conflict as to any material fact, a 
hearing will be held to resolve the conflict. Rules of practice 
concerning the hearing will be adopted by the Administrator.
    (8) Except in those cases where an appeal is in process, any person 
whose import permit is cancelled must move the horse identified in the 
import permit out of the United States within 10 days

[[Page 42325]]

after receiving oral or written notification of cancellation, whichever 
is earlier. The horse is not permitted to enter competition, perform, 
or be exhibited from the date the owner or importer receives the notice 
of cancellation until the horse is moved out of the United States or 
until resolution of an appeal in favor of the owner or importer. Except 
when being exercised, the horse must be kept, at the expense of the 
owner or importer, in a stall on the premises where the horse is 
located when the notice of cancellation is received or, if the horse is 
in transit when the notice of cancellation is received, on the premises 
where it is next scheduled to compete, perform, or be exhibited 
according to the import permit. The stall in which the horse is kept 
must be separated from other stalls containing horses that are not 
listed on the import permit, either by an empty stall, by an open area 
across which horses cannot touch each other, or a by solid wall that is 
at least 8 feet (2.4 meters) high. In cases where the owners of the 
above specified premises do not permit the horse to be kept on those 
premises, or when the Administrator determines that keeping the horse 
on the above specified premises will pose a disease risk to horses in 
the United States, the horse must be kept, at the expense of the owner 
or importer, on an alternative premises approved by the Administrator.
    (9) Stallions or mares over 731 days of age that are imported in 
accordance with paragraphs (f)(1) or (f)(2) of this section may be 
eligible to remain in the United States if the following is completed:
    (i) Following completion of the itinerary specified in the import 
permit provided for in Sec.  93.304, the horse's owner or importer 
applies for and receives a new import permit that specifies that the 
stallion or mare will be moved to an approved State listed in paragraph 
(h)(6) or (h)(7) of this section; and
    (ii) The stallion or mare is transported in a sealed vehicle that 
has been cleaned and disinfected to an approved facility in an approved 
State where it is quarantined under State or Federal supervision until 
the stallion or mare has met the testing and treatment requirements of 
paragraph (e)(3) or (e)(5) of this section.
    (10) All costs and charges associated with the supervision and 
maintenance of a horse imported under paragraphs (f)(1) or (f)(2) of 
this section will be borne by the horse's owner or importer. The costs 
associated with the supervision and maintenance of the horse by an 
APHIS representative at his or her usual places of duty will be 
reimbursed by the horse's owner or importer through user fees payable 
under part 130 of this chapter.
    (11) In the event that an APHIS representative must be temporarily 
detailed from his or her usual place of duty in connection with the 
supervision and maintenance of a horse imported under this paragraph 
(f), the owner or importer of the horse must execute a trust fund 
agreement with APHIS to reimburse all expenses (including travel costs, 
salary, per diem or subsistence, administrative expenses, and 
incidental expenses) incurred by the Department in connection with the 
temporary detail. Under the trust fund agreement, the horse's owner or 
importer must deposit with APHIS an amount equal to the estimated cost, 
as determined by APHIS, for the APHIS representative to inspect the 
premises at which the horse will compete, perform, or be exhibited; to 
conduct the monitoring required by paragraph (f)(5)(iii) of this 
section; and to supervise the cleaning and disinfection required by 
paragraph (f)(5)(ix) of this section. The estimated costs will be based 
on the following factors:
    (i) Number of hours needed for an APHIS representative to conduct 
the required inspection and monitoring;
    (ii) For services provided during regular business hours (8 a.m. to 
4:30 p.m., Monday through Saturday, except holidays), the average 
salary, per hour, for an APHIS representative;
    (iii) For services provided outside regular business hours, the 
applicable rate for overtime, night differential, or Sunday or holiday 
pay, based on the average salary, per hour, for an APHIS 
representative;
    (iv) Number of miles from the premises at which the horse competes, 
performs, or is exhibited to the APHIS office or facility that is 
monitoring the activities;
    (v) Government rate per mile for automobile travel or, if 
appropriate, cost of other means of transportation between the premises 
at which the horse competes, performs, or is exhibited and the APHIS 
office or facility;
    (vi) Number of trips between the premises at which the horse 
competes, performs, or is exhibited and the APHIS office or facility 
that APHIS representatives are required to make in order to conduct the 
required inspection and monitoring;
    (vii) Number of days the APHIS representative conducting the 
inspection and monitoring must be in ``travel status;''
    (viii) Applicable government per diem rate; and
    (ix) Cost of related administrative support services.
    (12) If a trust fund agreement with APHIS has been executed by the 
owner or importer of a horse in accordance with paragraph (f)(11) of 
this section and APHIS determines, during the horse's stay in the 
United States, that the amount deposited will be insufficient to cover 
the services APHIS is scheduled to provide during the remainder of the 
horse's stay, APHIS will issue to the horse's owner or importer a bill 
to restore the deposited amount to a level sufficient to cover the 
estimated cost to APHIS for the remainder of the horse's stay in the 
United States. The horse's owner or importer must pay the amount billed 
within 14 days after receiving the bill. If the bill is not paid within 
14 days after its receipt, APHIS will cease to perform the services 
provided for in paragraph (f)(5) of this section until the bill is 
paid. The Administrator will inform the owner or importer of the 
cessation of services orally or in writing. If the notice of cessation 
is oral, the Administrator will confirm, in writing, the notice of 
cessation and the reason for the cessation of services as soon as 
circumstances permit. In such a case, the horse must be kept, at the 
expense of the owner or importer and until the bill is paid, in a stall 
either on the premises at which the horse is located when the notice of 
cessation of services is received or, if the horse is in transit when 
the notice of cessation of services is received, on the premises at 
which it is next scheduled to compete, perform, or be exhibited 
according to the import permit. The stall in which the horse is kept 
must be separated from other stalls containing horses that are not 
listed on the import permit either by an empty stall, an open area 
across which horses cannot touch each other, or a solid wall that is at 
least 8 feet (2.4 meters) high. In cases where the owners of the 
premises where the horse would be kept following a cessation of 
services do not permit the horse to be kept on those premises, or when 
the Administrator determines that keeping the horse on the premises 
will pose a disease risk to other horses in the United States, the 
horse must be kept, at the expense of the owner or importer, on an 
alternative premises approved by the Administrator. Until the bill is 
paid, the horse is not permitted to enter competition, perform, or be 
exhibited. Any amount deposited in excess of the costs to APHIS to 
provide the required

[[Page 42326]]

services will be refunded to the horse's owner or importer.
* * * * *
    3. Section 93.304 is amended as follows:
    a. In paragraph (a)(1)(ii), by removing the citation ``Sec.  
93.301(f)'' and adding the citation ``Sec.  93.301(f)(1)'' in its 
place.
    b. By redesignating paragraph (a)(1)(iii) as paragraph (a)(1)(iv) 
and adding a new paragraph (a)(1)(iii) to read as set forth below.


Sec.  93.304  Import permits for horses from regions affected with CEM 
and for horse specimens for diagnostic purposes; reservation fees for 
space at quarantine facilities maintained by APHIS.

    (a) Application for permit; reservation required. (1) * * *
    (iii) Horses intended for importation under Sec.  93.301(f)(2) must 
meet the permit requirements of paragraph (a)(1)(i) of this section. 
Additionally, for horses intended for importation under Sec.  
93.301(f)(2), the horse's owner or importer must include the following 
information with the application for permit that is required by 
paragraph (a)(1)(i) of this section:
    (A) The individual identifying information required in paragraph 
(a)(1)(i) of this section for all horses to be imported.
    (B) The permanent electronic identification of each horse to be 
imported, if applicable. In the event that a horse has permanent 
electronic identification, the horse must be accompanied by a 
compatible reader.
    (C) Photographs (head and lateral views) that are sufficient to 
identify each horse on an electronic medium approved by APHIS.
    (D) The proposed total length of stay in the United States.
    (E) A description of the shows or events in which the horse will 
perform while in the United States.
    (F) The names, dates, and locations of the venues in which the 
horse will perform while in the United States.
    (G) The names and locations of the premises on which the horse will 
be kept while in the United States, and the dates the horse will be 
kept on each premises.
    (H) The methods and routes by which the horse will be transported 
while in the United States.
    (I) A written plan for handling sick or injured horses that 
includes:
    (1) The name, address, and phone number of each accredited 
veterinarian who will provide veterinary services in the United States;
    (2) The name, address, and phone number of medical facilities to be 
used to diagnose or treat sick or injured horses while in the United 
States; and
    (3) A plan to return sick or injured horses to performance 
condition.
    (J) An application for a trust fund or escrow account agreement 
with APHIS in accordance with Sec.  93.301(f)(11).
* * * * *

    Done in Washington, DC, this 27th day of July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-14994 Filed 8-1-07; 8:45 am]
BILLING CODE 3410-34-P