[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Rules and Regulations]
[Pages 31930-31937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12543]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending 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 will 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: Effective Date: July 7, 2008.

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;

[[Page 31931]]

     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.
    Accordingly, on August 2, 2007, we published in the Federal 
Register (72 FR 42318-42326, Docket No. APHIS-2006-0164) a proposal\1\ 
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 
are very similar to the conditions in Sec.  93.301(f), which provides 
for the temporary importation of horses to compete in specified events, 
we proposed that Sec.  93.301(f) apply to both types of imported 
horses. We also proposed to 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.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0164.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
October 1, 2007. We received four comments by that date. The comments 
were from a private citizen, State animal health department, horse 
industry group, and a horse entertainment company. These comments are 
discussed below.
    In the proposed rule we stated that, ``[b]ecause 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.'' One commenter 
stated that APHIS should not lift the CEM restrictions unless there is 
absolutely no risk of spreading the disease. This commenter suggested 
that APHIS reconsider the proposed rule and tighten the CEM 
restrictions instead.
    We disagree. As discussed in the proposed rule, APHIS has conducted 
a risk assessment to evaluate the risk of allowing the extended 
importation of noncompetitive entertainment horses from countries 
affected with 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,'' 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 the 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. The risk assessment is 
supported by our experiences with the importation of horses to compete 
in specified events under conditions very similar to those proposed for 
noncompetitive entertainment horses. Accordingly, we are making no 
changes based on this comment.
    Another commenter stated that the regulations should protect the 
health of U.S. horses from imported horses regardless of the reason for 
their importation. Therefore, the commenter recommended that the health 
certificate and testing requirements set forth in proposed Sec.  
93.301(f)(3) for noncompetitive entertainment horses also be required 
for horses temporarily imported for competition.
    In the proposed rule, we proposed to amend the regulations to 
require that, at the time of importation, each horse imported for 
competition or public exhibition and entertainment purposes be 
accompanied by an import permit in accordance with Sec.  93.304 and a 
health certificate in accordance with Sec.  93.314. However, for 
noncompetitive entertainment horses, we also proposed to require that 
the health certificate certify that cultures negative for CEM have been 
collected on three separate occasions within a 7-day period, with the 
last within 30 days of exportation. We proposed more stringent CEM 
testing requirements for noncompetitive entertainment horses because 
these horses could be imported for long periods of time, compared to 
horses imported for competition. Currently, Sec.  93.301(f) provides 
that horses may be imported for competition for no more than 90 days 
under certain conditions. The requirement for CEM testing prior to 
importation for noncompetitive entertainment horses will help to ensure 
that horses infected with CEM do not enter this country and jeopardize 
the health of the U.S. horse population. For these reasons, we are 
making no change in response to this comment.
    The commenter also requested that APHIS clarify that the average 
salary used in the trust fund/costs is the salary for APHIS personnel. 
Proposed Sec.  93.301(f)(10) provides that the costs associated with 
the supervision and maintenance of the horse by an APHIS representative 
be reimbursed by the horse's owner or importer through user fees 
payable under 9 CFR part 130, which lists the hourly rate and minimum 
user fee for certain import-related services provided by APHIS. 
Proposed Sec.  93.301(f)(11) set out the requirements for trust fund 
agreements. More specifically, that paragraph provided that the horse's 
owner or importer 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 
and to conduct the monitoring and supervision required by the 
regulations. We do not believe that additional clarification is needed. 
We are making no change based on this comment.
    One commenter supported the proposed rule but was concerned that 
USDA may not be able to provide the monitoring required by the 
regulations over extended periods of time.
    APHIS is committed to providing the services specified in the 
proposed rule and this final rule to prevent the introduction of CEM 
into the United States by noncompetitive entertainment horses. As 
discussed in the proposed rule, we would require noncompetitive

[[Page 31932]]

entertainment horses to be imported and maintained in the United States 
in accordance with a trust fund agreement executed by the horse's owner 
or importer. Such an agreement would ensure that the government is 
reimbursed for the services it provides while the horses are in the 
United States. We are making no change based on this comment.
    A commenter stated that proposed Sec.  93.301(f)(5)(iv)(B), which 
provides that horses must be kept on a premises that is or contains a 
building, is too restrictive. The commenter noted that entertainment 
horse shows often use stable installations, such as tents, that may be 
set up and taken down in each city. Thus, the commenter recommended 
that the regulations be amended to define the term ``building'' to 
include tent structures.
    We agree that the regulations should be flexible enough to cover 
buildings as well as tent stables or other temporary structures for 
housing horses. Therefore, in this final rule, we are amending Sec.  
93.301(f)(5)(iv)(B) to provide that the horse must be kept on a 
premises that is or contains a building or temporary structure 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. 
The horse may be kept only on premises that have been approved by an 
APHIS representative.
    The commenter also recommended amending Sec.  93.301(f)(5)(iv)(B) 
to allow APHIS to approve isolation measures other than those set out 
in that paragraph. Specifically, the commenter recommended revising 
that paragraph to read as follows: ``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 from which horses 
cannot touch each other, by a solid wall that is at least 8 feet (2.4 
meters) high, or by such other means deemed appropriate by APHIS in the 
circumstances.''
    As noted in the proposed rule, one of the primary safeguards 
against the horses transmitting CEM while in the United States is the 
stringent measures in the regulations to ensure that the horses are 
kept apart from horses that are not listed on the import permit. This 
final rule provides several means by which the necessary isolation from 
horses that are not listed on the import permit could be accomplished. 
We do not believe that additional flexibility is needed. Accordingly, 
we are making no change in response to this comment.
    The same commenter recommended that proposed Sec.  93.301(f)(6) be 
amended to allow last-minute changes to the itinerary in an emergency. 
Section 93.301(f)(6) provides that, if an owner or importer wishes to 
change the horse's itinerary or the methods by which the horse is 
transported from those specified on the import permit, the owner or 
importer must make the request for change in writing to the 
Administrator at least 15 days before the proposed date of change. The 
commenter noted that touring inevitably entails unforeseen changes of 
plans, venues, dates, etc.
    We agree that the regulations should allow for changes to the 
itinerary or methods of transportation in an emergency. In this final 
rule, we are adding a new paragraph to provide that the horse's 
itinerary or methods of transportation may be changed, with the prior 
approval of an APHIS representative, in order to respond to an 
emergency or other unforeseen circumstances or events (e.g., weather-
related transportation delays, vehicle breakdown, medical emergencies, 
etc.). Requests for such a change may be submitted to APHIS by 
telephone, postal mail, commercial delivery service, fax, or e-mail. We 
may approve the request for change orally or in writing. If the 
approval is oral, it will be confirmed in writing by the Administrator 
as soon as possible. These changes will provide greater flexibility for 
a horse's owner or importer to respond to emergencies or other 
unforeseen circumstances or events.
    In this final rule, we are also amending paragraph (f)(6) to make 
it clear that written requests for change may be submitted via postal 
mail, commercial delivery service, fax, or e-mail. APHIS has always 
allowed such written requests for change; however, we are adding that 
provision to the regulations to make it clear to the public.
    The commenter also recommended that APHIS amend proposed Sec.  
93.301(f)(8) to provide the Administrator the discretion to allow 
horses to perform pending resolution of an appeal of the cancellation 
of an import permit, provided that such performances would not pose a 
risk to U.S. horses and the owner or importer could demonstrate 
material harm from the interruption of performances.
    Proposed Sec.  93.301(f)(7) provides that the Administrator may 
cancel an import permit whenever the Administrator finds that the owner 
or importer of the horse has not complied with certain provisions in 
the regulations or any conditions imposed under those provisions. 
Proposed Sec.  93.301(f)(8) provides that 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. The potential cancellation of an import permit 
for noncompliance with the regulations provides an incentive for a 
horse owner or importer to remain in compliance with the regulations; 
allowing the horse to continue to perform or be exhibited pending the 
resolution of an appeal would be counterproductive. Accordingly, we are 
making no change based on this comment.
    Finally, the commenter recommended that proposed Sec.  
93.304(a)(1)(iii)(D) through (H), relating to the proposed length of 
stay and itinerary, be amended to allow the applicant for an import 
permit to provide some of this information to APHIS at the time of 
application and the rest at intervals to be set by APHIS and the 
applicant.
    In the proposed rule, we listed the information that must be 
supplied to APHIS by the owner or importer with the application for an 
import permit. We noted that the specified 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 and 
our need for current information to monitor compliance with the 
regulations, we also proposed to 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. To accommodate changes to the itinerary following 
importation, in proposed Sec.  93.301(f)(6), we also established 
provisions by which a horse owner or importer could request APHIS 
approval of a change to the horse's itinerary or the methods of 
transportation from those specified in the application for an import 
permit. We believe these provisions, in combination, provide the 
flexibility that the commenter is seeking. Accordingly, we are making 
no change in response to this comment.
    Therefore, for the reasons given in the proposed rule and in this 
document, we

[[Page 31933]]

are adopting the proposed rule as a final rule with the changes 
discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been 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.
    We are amending 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. 
According to the 2002 Census of Agriculture, there were 542,223 farms 
with 3.644 million horses valued at $9.9 billion in the United States 
in 2002. 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 value of about $39 billion.\1\ Both sets of 
data underscore the importance of the equine industry. In addition, 
other agricultural and nonagricultural sectors are dependent on the 
horse industry for their economic activity. Horses are a highly valued 
asset, especially those with a specific pedigree. 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.\2\
---------------------------------------------------------------------------

    \1\ Deloitte Consulting LLP for American Horse Council, National 
Economic Impact of the U.S. Horse Industry, 2005.
    \2\ Global Trade Information Services, 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.\3\ 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.
---------------------------------------------------------------------------

    \3\ 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 will be affected by 
this rule will not be allowed to have direct contact with horses 
outside those listed on their permit and may 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 will 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 charged for blood testing, 
resulting in a total quarantine and testing cost per horse of $890. The 
final rule will allow imported performance horses to stay in the United 
States longer than 90 days without their owners having again to pay 
USDA import quarantine and testing costs. This is a savings that 
accrues to the importing entities and 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) will utilize the proposed exception each 
year. Given that there are over 1 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 
entities 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 will benefit from the forgone 
costs associated with the horses having to exit and reenter the United 
States every 90 days. On the other hand, they will 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.\4\ 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

[[Page 31934]]

not more than $750,000;\5\ over 99 percent are considered to be small.
---------------------------------------------------------------------------

    \4\ 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).
    \5\ SBA, Small Business Size Standards matched to NAICS, 
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 rule on U.S. 
entities will be very small.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0324.

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 rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 9 CFR Part 93

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

0
Accordingly, we are amending 9 CFR part 93 as follows:

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

0
1. The authority citation for part 93 continues to read as follows:

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

0
2. Section 93.301 is amended as follows:
0
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.
0
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.
0
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.
0
d. By revising paragraph (f) and the Office of Management and Budget 
citation at the end of the section to read as set forth below.


Sec.  93.301  General prohibitions; exceptions.

* * * * *
    (c) Specific prohibitions regarding contagious equine metritis; 
exceptions--
    * * *
    (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 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.

[[Page 31935]]

    (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 or temporary structure 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) Except as provided in paragraph (f)(7) of this section, 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 may be submitted to APHIS by 
postal mail, commercial delivery service, fax, or e-mail. 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) In response to an emergency or other unforeseen circumstances 
or events (e.g., weather-related transportation delays, vehicle 
breakdown, medical emergencies, etc.), the horse's itinerary or methods 
of transportation may be changed, with the prior approval of an APHIS 
representative, from that which is specified in the application for an 
import permit. Requests for such a change may be submitted to APHIS by 
telephone, postal mail, commercial delivery service, fax, or e-mail. 
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.
    (8) 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)(7) 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 canceled 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 canceled. 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.
    (9) Except in those cases where an appeal is in process, any person 
whose import permit is canceled must move the horse identified in the 
import permit out of the United States within 10 days 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

[[Page 31936]]

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 
by a 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.
    (10) 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.
    (11) 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.
    (12) 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.
    (13) If a trust fund agreement with APHIS has been executed by the 
owner or importer of a horse in accordance with paragraph (f)(12) 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, 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. 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 services will be refunded to the horse's owner or 
importer.
* * * * *
    (Approved by the Office of Management and Budget under control 
numbers 0579-0040, 0579-0165, and 0579-0324).


0
3. Section 93.304 is amended as follows:
0
a. In paragraph (a)(1)(ii), by removing the citation ``Sec.  
93.301(f)'' both times it occurs and adding the citation ``Sec.  
93.301(f)(1)'' in its place.
0
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.

[[Page 31937]]

0
c. By adding an Office of Management and Budget citation at the end of 
the section 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)(12).
* * * * *
    (Approved by the Office of Management and Budget under control 
numbers 0579-0040 and 0579-0324).

    Done in Washington, DC, this 29th day of May 2008.
Cindy J. Smith,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-12543 Filed 6-4-08; 8:45 am]
BILLING CODE 3410-34-P