[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Proposed Rules]
[Pages 67661-67669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25613]


 ========================================================================
 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. 86, No. 226 / Monday, November 29, 2021 / 
Proposed Rules  

[[Page 67661]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2016-0033]
RIN 0579-AE62


Import Regulations for Horses

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations for the importation 
of equines. These changes include increasing the number of days horses 
exported from regions free from contagious equine metritis (CEM) are 
allowed to spend in a CEM-affected region and re-enter the United 
States without testing from 60 days to 90 days; requiring an import 
permit for horses transiting through CEM-affected regions; adding 
requirements for health certifications to ensure health certifications 
properly attest to the health of the imported horse; removing the 
requirement that horses permanently imported from Canada undergo 
inspection at the port of entry; requiring that horses transiting 
Central America or the West Indies comply with the same regulations 
that apply to horses directly imported from these regions; and adding 
requirements for shipping containers used in transporting horses. We 
are also proposing a number of miscellaneous changes to the regulations 
such as clarifications of existing policy or intent, and corrections of 
inconsistencies or outdated information. Many of these proposed changes 
would better align our regulations with international standards and 
allow us and the equine industry more flexibility. The proposed changes 
would also add further safeguards that protect against introducing or 
disseminating pests or diseases of livestock into the United States.

DATES: We will consider all comments that we receive on or before 
January 28, 2022.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2016-0033 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0033, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at www.regulations.gov or in our reading room, which is 
located in Room 1620 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Iwona Popkowski, VS Strategy and 
Policy, Live Animal Imports, VS, APHIS, 4700 River Road, Unit 39, 
Riverdale, MD 20737-1231; (301) 851-3300.

SUPPLEMENTARY INFORMATION:

Background

    Under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 et 
seq.), the Secretary of Agriculture may prohibit or restrict the 
importation or entry of any animal, article, or means of conveyance if 
the Secretary determines that the prohibition or restriction is 
necessary to prevent the introduction into or dissemination within the 
United States of any pest or disease of livestock. The AHPA also 
authorizes the Secretary to prohibit or restrict the use of any means 
of conveyance in connection with the importation or entry of livestock 
if the Secretary determines that the prohibition or restriction is 
necessary because the means of conveyance has not been maintained in a 
clean and sanitary condition or does not have accommodations for the 
safe and proper movement of livestock.
    The regulations in 9 CFR part 93 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals, 
including horses, as well as their means of conveyance, pursuant to the 
AHPA. We are proposing a number of changes to the horse import 
regulations to better align them with international standards and 
improve flexibility for both the equine industry and the Animal and 
Plant Health Inspection Service (APHIS).

Contagious Equine Metritis

    In Sec.  93.301, paragraph (e)(3) contains the requirements for 
testing and treatment of stallions, and paragraph (e)(5) the testing 
and treatment requirements for mares, that are imported from regions 
where contagious equine metritis (CEM) exists after the stallions or 
mares have entered quarantine in an approved State. Both paragraphs 
specify the specimens that must be taken for testing; however, while 
paragraph (e)(5) requires that the samples from mares be collected by 
an accredited veterinarian, paragraph (e)(3) does not require that 
samples from stallions be collected by an accredited veterinarian. To 
correct this inconsistency, we are proposing to amend paragraph 
(e)(3)(i) to require that the samples from stallions be collected by an 
accredited veterinarian.
    Paragraph (e)(3)(i)(B) describes CEM testing procedures for mares 
to which stallions are test bred and includes the numbers of days after 
breeding certain procedures should occur. In order to facilitate 
accurate counting and eliminate confusion about whether the first day 
should be considered the day of breeding or the day after breeding, we 
are proposing to add language clarifying that the day after the date of 
breeding should be considered the first day.
    Paragraph (e)(4) contains requirements for mares used to test 
stallions for CEM. Currently, the regulations state that test mares 
used for such testing must be marked with the letter ``T.'' To allow 
for greater flexibility, we are proposing to add the phrase ``or other 
permanent identification approved by APHIS'' to this requirement. 
Importers interested in using other means of permanent identification 
would be able to contact APHIS Live Animal Imports by email at 
[email protected] to seek approval.
    Paragraph (g) contains special provisions for the importation of 
horses that have been temporarily exported to a region where CEM 
exists. Currently,

[[Page 67662]]

horses exported from the United States or another region not known to 
be CEM-affected are allowed to spend up to 60 days in a CEM-affected 
region and be re-imported into the United States without having to 
undergo CEM testing, provided certain conditions are met. The 
conditions include that the horse be accompanied by a certificate that 
meets the requirements in Sec.  93.314(a) of the regulations issued by 
each CEM-affected region that the horse has visited during the term of 
its temporary exportation. The certificate must include additional 
declarations stating, among other things, that the horse was held 
separate and apart from all other horses except for the time it was 
actually participating in an event and that the horse was not bred 
while in the CEM-affected region. We are proposing to amend the 
regulations to extend the temporary export period to 90 days, while 
maintaining the same separation and documentation requirements.
    We are making this change after the equine industry asked APHIS to 
consider increasing the temporary export period to 90 days to better 
align our regulations with typical competition cycles. Competition 
horses move frequently between the United States, Canada, and CEM-
affected regions within European Union Member States, and the 
competition cycle is often more than 60, but no more than 90, days.
    APHIS has concluded that the risk of horses introducing CEM to the 
United States would continue to be minimal if the temporary export 
period was increased to 90 days. The most significant safeguards 
against these horses introducing CEM into the United States are the 
attestations required by the health certificate in the current 
regulations, rather than the amount of time the horses may spend in a 
CEM-affected region. Horses temporarily exported to a CEM-affected 
region must be accompanied by endorsed health certificates from the 
CEM-affected region(s) attesting that the returning horses were never 
used for breeding; were held separately from other horses while not in 
competition or training; and, have never undergone a genital 
examination which could have exposed these returning horses to CEM. 
Because CEM is spread through genital contact, we consider these 
attestations to be effective mitigations against the introduction of 
CEM.
    We would also make minor editorial changes to paragraph (g) by 
adding clarifying language and changing the syntax to better explain to 
which horses the paragraph applies. We are also correcting a reference 
in paragraph (g)(4) that incorrectly referred to paragraphs (a) through 
(c) but should have instead pointed to paragraphs (g)(1) through (3).
    Paragraph (h) lists conditions that a State must meet in order to 
be approved to receive stallions or mares over 731 days of age from a 
CEM-affected region. We are proposing to add a new paragraph (h)(4) to 
this list of conditions that a State must agree to provide oversight 
during the test breeding of quarantined stallions. Oversight is 
necessary in order to ensure that this process is carried out correctly 
and completely. This change comes at the request of numerous States 
that have recognized this need but have had difficulty implementing and 
enforcing this requirement because it was not listed in the 
regulations. By adding a new paragraph (h)(4), we would redesignate 
current paragraphs (h)(4) through (7) as paragraphs (h)(5) through (8), 
respectively. We are also proposing to fix broken internet addresses in 
newly designated paragraphs (h)(7) and (8) that link to the lists of 
States approved by APHIS to receive such stallions or mares, as well as 
correct the mailing address where these lists may alternatively be 
obtained to reflect current organizational structure.

Import Permits

    In Sec.  93.304, paragraph (a) contains provisions governing 
imports for which a permit is required. Currently, only horses from 
regions that APHIS considers to be affected with CEM, horses intended 
for quarantine at a privately owned quarantine facility, and horse test 
specimens for diagnostic screening purposes are required to submit an 
application for an import permit. Because horses transiting through 
regions affected with CEM present risks similar to those presented by 
horses imported directly from these regions, we are proposing to add 
horses transiting CEM-affected regions listed in Sec.  93.301(c)(1) en 
route to the United States to Sec.  93.304(a)(1)(i). Horses transiting 
through regions APHIS considers to be affected with CEM would be 
required to apply for an import permit and fulfil all other conditions 
listed in Sec.  93.304(a) that are currently only required of horses 
imported directly from these regions.
    Paragraph (a)(1)(i) also currently states that additional 
information may be required during the import permit application 
process, which may come ``in the form of certificates concerning 
specific diseases to which the horses are susceptible, as well as 
vaccinations or other precautionary treatments to which the horses or 
horse test specimens have been subjected.'' We are proposing to add the 
phrase ``or other attestation regarding the health of the animals'' to 
this sentence in order to further clarify the nature of the information 
that APHIS may require. Such additional attestation may include 
requiring certain subsets of horses to provide certification that the 
horses have not been exposed to other pests or diseases beyond the 
diseases already addressed in the health certificate, if necessary.
    We are also proposing to clarify that the provisions of this 
section apply to horses intended for quarantine at Federal quarantine 
facilities as well, in order to reflect current practices more 
accurately. On October 28, 2020, APHIS Veterinary Services (VS) issued 
an import notice,\1\ a type of order issued pursuant to the AHPA, 
regarding import permits for horses from CEM-affected regions. That 
notice addressed a prior inconsistency in enforcing the import permit 
requirements for certain horses who enter Federal quarantine facilities 
and acknowledged that this inconsistency caused confusion and 
difficulties for both port personnel and importers. The notice 
clarified that, beginning January 1, 2021, all horses from CEM-affected 
regions must be accompanied by an import permit, regardless of where 
import quarantine is completed. This proposed clarification seeks to 
codify the import notice and add this same clarification to the 
regulations.
---------------------------------------------------------------------------

    \1\ To view the import notice, go to: https://www.aphis.usda.gov/import_export/animals/equine/import-permits-equine-cem-regions.pdf.
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Health Certification

    Section 93.314 of the regulations outlines specific health 
certification requirements for horses offered for importation into the 
United States. We are proposing to clarify current health certification 
regulations to increase compliance. This includes requiring that 
certifications are prepared and issued directly from the national 
government of the region of origin or annotated by the national 
government of the region of origin to indicate how the documentation 
may be verified; requiring that origin and destination addresses are 
listed on the certificate; and requiring identifying information 
regarding the horse or horse test specimens, importer, and exporter are 
listed on the health certificate. These proposed changes would help 
APHIS confirm the legitimacy of the required documentation, as well as 
align information presented on the health certificate with what is 
currently required for other accompanying documents, such as the 
declaration of importation and the import permit.

[[Page 67663]]

    We are also proposing to require that, if applicable, health 
certificates confirm that the horse has not been castrated during the 
14 days preceding exportation. Horses that have been so recently 
castrated are at an increased risk of infection and transporting them 
during this window risks compromising both their own health and the 
health of other horses. We would also require that castrated horses be 
accompanied by a certificate of castration.
    Additionally, we are proposing to require that horses be 
accompanied by documentation stating that a pre-export examination 
occurred within 48 hours of the horse's export in order to further 
ensure that horses imported into the United States are free of pests 
and diseases of livestock and fit to travel at the time of export.
    We are also proposing two minor edits to align this section with 
other sections regarding horses in special circumstances.
    Paragraph (a)(1) requires health certificates to state that horses 
have been in the said region for the 60 days preceding exportation. In 
light of the change proposed to Sec.  93.301(g), allowing horses to be 
temporarily exported to CEM-affected countries for 90 days, we are 
proposing to add to this paragraph that, for horses described in Sec.  
93.301(g), this attestation applies for the duration of the horses' 
temporary exportation to each CEM-affected region. This is necessary to 
ensure that health certificates for these horses continue to include 
accurate information regarding their whereabouts for the entire 
duration of their temporary exportation.
    We would also clarify that paragraph (a)(7)(i), which requires 
health certificates to state that horses have not been in any region 
affected with CEM during the 12 months immediately prior to export, 
does not apply to horses described in Sec.  93.301(f), which are horses 
from regions affected with CEM that are temporarily imported to the 
United States for competition or entertainment purposes. These latter 
horses have special provisions outlined in Sec.  93.301(f), and this 
change clarifies Sec.  93.314 to align with those provisions.

Horses From Canada

    Section 93.317 of the regulations governs the importation of horses 
from Canada, while Sec.  93.318 governs special provisions concerning 
these importations. Currently, horses from Canada temporarily imported 
into the United States may enter through any Canada-U.S. land border 
port that allows entry of animals without an APHIS inspection, whereas 
horses from Canada permanently imported into the United States must 
receive an inspection prior to entry. We are proposing to amend the 
regulations to remove distinctions between temporary and permanent 
import by removing the requirement that horses presented for permanent 
importation receive an inspection prior to entry. Requirements that 
currently apply to both temporarily imported and permanently imported 
horses would remain the same; horses would be allowed to enter the 
United States when accompanied by an official, Canadian Food Inspection 
Agency-endorsed health certificate issued within 30 days of the date of 
entry into the United States and when there are negative results of a 
test for equine infectious anemia taken within 180 days of entry.
    APHIS considers the health status of temporarily and permanently 
imported horses from Canada to be generally equivalent. Moreover, the 
health certificate, which requires negative tests for diseases of pests 
or livestock affecting horses, already provides sufficient evidence 
that the horses presented for importation are free of communicable 
disease. For these reasons, this change would not increase the risk of 
introducing communicable diseases or pests of livestock into the United 
States. Additionally, the proposed change would align APHIS import 
requirements with Canada's requirements for import of horses from the 
United States, which stipulates that U.S.-origin horses must meet the 
same import requirements regardless of whether they are imported 
temporarily or permanently.
    This proposed change would not impact the special provisions for 
horses from Canada imported for immediate slaughter or for horses from 
Canada transported in-bond through the United States for immediate 
export, which will continue to be inspected at the port of entry.

Horses From Central America and the West Indies

    Section 93.319 contains import permit requirements for horses 
imported from Central America and the West Indies. In that section 
currently, only horses directly imported from Central America and the 
West Indies are required to present an import permit and declaration 
upon entry. Likewise, the requirements concerning health certificates, 
quarantine, and testing listed in Sec.  93.320 currently only apply to 
horses directly imported from these regions as well. Because horses 
transiting through these regions present risks similar to those 
presented by horses imported directly from them, we are proposing to 
add horses that transit Central America or the West Indies en route to 
the United States be required to comply with these requirements upon 
entry as well. We would also clarify existing policy by adding to Sec.  
93.319 that all horses imported from or transiting Central America and 
the West Indies are required to have obtained an import permit in 
accordance with Sec.  93.304; this requirement is currently implied by 
the heading of the section, but not overtly stated in the text.

Shipping Containers

    Section 93.302 governs the inspection, unloading, cleaning, and 
disinfection requirements of certain aircraft and other means of 
conveyance and shipping containers. We are proposing to amend the 
regulations to include a paragraph that addresses the requirements for 
shipping containers, including disinfection requirements, as well as 
measures to ensure that horses are transported safely. This will 
address the repeated health and safety issues present for equines 
during transport and will provide APHIS with more regulatory authority 
to enforce standards for shipping containers. We are proposing to 
present these requirements as performance standards in the regulations. 
Guidance on how to meet these requirements would be found in the Live 
Animal Regulations (LAR), as amended, published by the International 
Air Transport Association (IATA). If an importer wishes to use 
alternative means of meeting the requirements other than those in the 
LAR, they would be able to contact APHIS Live Animal Imports to ask for 
approval by phone at (301) 851-3300, option 2, or by email at 
[email protected].

Miscellaneous

    Lastly, in various sections, we are proposing to add language that 
clarifies existing policy in order to reduce confusion and ensure that 
the regulations are as clear as possible, as well as to update outdated 
information.
    Paragraph (d) of Sec.  93.301 governs the importation of Spanish 
pure breed horses from Spain and racing thoroughbred horses from 
France, Germany, Ireland, and the United Kingdom. Paragraph (d)(1)(ii) 
stipulates that such horses must be accompanied by a health certificate 
and outlines the requirements of such health certificates. We are 
proposing to require that, for Spanish pure breed horses, the health 
certificate state that the horses have been in Spain for a minimum of 
60 days

[[Page 67664]]

immediately prior to export. For racing thoroughbreds from France, 
Germany, Ireland and/or the United Kingdom, the health certificate must 
state that the horses have been in one or more of these countries for a 
minimum of 60 days immediately prior to export. We are proposing these 
changes in response to confusion about what the phrases ``from Spain'' 
and ``from France, Germany, Ireland, and the United Kingdom'' mean in 
the context of horses referred to in this paragraph.
    The regulations currently require the veterinarian issuing such 
health certificates to certify that he or she has examined the records 
of the horse's activities maintained by a breed association. We are 
proposing to add the words ``and identification'' after the word 
``activities'' to better describe the information the veterinarian is 
required to examine.
    The current regulations require the veterinarian to compare records 
kept by the breed association to records kept by the horse's trainer. 
We are proposing to add the words ``including the competition or event 
records'' after the words ``the records kept by the trainer'' to 
provide veterinarians with more detailed guidance on which records they 
are required to examine.
    For Spanish pure breed horses from Spain, the veterinarian is 
currently required to examine the breed association's records to ensure 
that breeding of the horse has never been attempted since the horse 
reached 731 days of age. To address current and future breeding 
technologies and practices, we are proposing to clarify that this 
prohibition on breeding applies to both live and artificial breeding.
    We are also proposing to make a minor editorial change to this 
section by adding the word ``racing'' in front of the words 
``thoroughbred horses from France, Germany, Ireland, and the United 
Kingdom'' in the introductory text to paragraph (d).
    Paragraph (j) of Sec.  93.301 describes the general entry 
requirements for horses from regions where screwworm exists. We are 
proposing to move these requirements from Sec.  93.301 to Sec.  93.308, 
where other import testing and examination requirements are listed. The 
requirements for importation of horses from regions where screwworm 
exists would be found in Sec.  93.308(a)(3).
    We would also replace the phrase ``APHIS animal import center,'' 
which is currently provided as the location of quarantine, with the 
more precise phrase ``port designated in Sec.  93.303.'' Additionally, 
we would clarify that horses imported from regions where screwworm 
exists must also obtain an import permit in accordance with Sec.  
93.304.
    Section 93.306 governs the inspection of imported horses at the 
port of entry. Currently, the regulations state that all horses that 
fail to meet the provisions part 93 will be refused entry. We would 
clarify that this provision applies to horses dead upon presentation as 
well.
    Section 93.307 stipulates that no articles accompanying horses 
during their importation shall be landed at the port of entry except as 
directed by the inspector in charge of the port of entry. Currently, 
the regulations include in the list of relevant articles ``other things 
used for or about horses governed by the regulations this part.'' We 
are proposing to replace this phrase with the more specific phrase 
``other things used for or about horses governed under any law or 
regulation administered by the Secretary of Agriculture for prevention 
of the introduction or dissemination of any pests or diseases of 
livestock.''
    Paragraph (a)(1) of Sec.  93.308 governs the importation of horses 
from regions where Venezuelan equine encephalomyelitis (VEE) exists. 
Currently, paragraph (a)(1)(i) states that APHIS keeps a list of 
regions free of VEE. This is incorrect. Instead, APHIS keeps a list of 
regions affected with VEE. Paragraph (a)(1)(ii) explains the procedures 
for adding and removing regions from this list, and, in doing so, 
references the incorrect description of the nature of this list. We are 
proposing to correct these statements.
    Additionally, we are proposing to clarify existing policy by adding 
that horses imported from regions where VEE exists must obtain an 
import permit in accordance with Sec.  93.304 in addition to all other 
requirements listed. We would also make minor syntactical changes to 
improve readability and clarity.
    Paragraph (b) of Sec.  93.308 describes temporary, privately owned 
quarantine facilities in which some horses may complete quarantine. In 
order to accurately reflect current practices, we are proposing to 
clarify that horses originating from regions in which Venezuelan equine 
encephalomyelitis or screwworm is declared to exist may not complete 
quarantine in temporary, privately-owned quarantine facilities. Horses 
from these regions cannot currently complete quarantine in such 
facilities, nor have they been able to in the past, as the requirements 
for temporary quarantine facilities are not sufficient to safeguard 
against vector-borne foreign animal diseases (which include screwworm, 
Venezuelan equine encephalomyelitis, and African horse sickness).
    Current paragraph (a)(5)(i) of Sec.  93.314, which will be 
redesignated as paragraph (a)(7)(i) in this proposed rule, stipulates 
that health certificates must state that the horse has not been in a 
CEM-affected region during the 12 months prior to their importation and 
mentions that CEM-affected regions are listed in Sec.  93.301(c)(1). 
However, Sec.  93.301(c)(1) does not list these regions, but instead 
states that APHIS maintains such a list on the APHIS website. We are 
proposing to change the phrase ``listed in Sec.  93.301(c)(1)'' to 
``listed in accordance with Sec.  93.301(c)(1) on the APHIS website'' 
to correct this.
    Section 93.321 outlines the import permit and inspection 
requirements for horses imported from Mexico. We are proposing to add a 
sentence stating that horses completing quarantine in the United States 
must obtain an import permit as described in Sec.  93.304 in order to 
clarify existing policy.
    Footnotes in Sec. Sec.  93.308 and 93.324 refer to disease testing 
protocol documents that no longer exist. We are proposing to replace 
the information in these footnotes with references to the APHIS 
website, where current guidance documents outlining the protocol for 
testing horses in quarantine is available.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    APHIS proposes amending elements of its equine import regulations.

[[Page 67665]]

    First, APHIS proposes amending its regulations for temporary export 
of horses to CEM-affected regions. The proposed changes will allow 
horses to spend up to 90 days in a CEM-affected region.
    The proposed amendments will also allow APHIS to correct 
information in Sec. Sec.  93.308, 93.314, and 93.319. This includes 
updating the website to reflect current policies and affected regions. 
It also includes amending the description of health certification and 
permit requirements.
    Finally, APHIS proposes to amend requirements for import of horses 
from Canada by removing distinctions between temporary and permanent 
import.

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 in conflict 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.

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 
requirements included in this proposed rule have been submitted to OMB 
as a new information collection for approval.
    Written comments and recommendations for the proposed information 
collection should be sent within 60 days of publication of this 
document to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 60-day Review--
Open for Public Comments'' or by using the search function. Please send 
a copy of your comments to: (1) Docket No. APHIS-2016-0033, 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.
    The regulations at 9 CFR 93.301 govern import prohibitions, 
restrictions, and requirements for horses, and are intended to prevent 
the introduction of foreign equine diseases into the United States. 
APHIS is proposing to amend these regulations to clarify and, in some 
cases, broaden the protection they provide.
    APHIS will use a variety of information collection procedures and 
forms to gather data in its effort to prevent the introduction or 
spread of disease. In addition to recordkeeping, information collected 
includes, but is not limited to, applications for import or in-transit 
permits and declarations of importation; government-issued health, 
castration, and pre-export inspection certificates; and compliance with 
identification requirements. These documents or actions are used to 
properly identify and document the health and movement of horses into 
the United States. Additional information collections include those 
associated with CEM sampling specimen submissions that are required to 
track CEM samples taken to confirm animal health, and oversight 
agreements that are entered into by State governments to ensure the 
States comply with Federal quarantining, testing, and treatment 
requirements.
    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 burden for this collection of 
information is estimated to average 0.52 hours per response.
    Respondents: Animal importer and exporters, transport handlers, 
veterinarians, owners of private quarantine facilities, and foreign 
government and State animal health officials.
    Estimated annual number of respondents: 343.
    Estimated annual number of responses per respondent: 214.
    Estimated annual number of responses: 73,274.
    Estimated total annual burden on respondents: 38,339 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.)
    A copy of the information collection may be viewed on the 
Regulations.gov website or in our reading room. (A link to 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) Information about the information collection 
process may be obtained from Mr. Joseph Moxey, APHIS' Paperwork 
Reduction Act Coordinator, at (301) 851-2483. APHIS will respond to any 
information collection request related comments in the final rule. All 
comments will also become a matter of public record.

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. APHIS estimates that 25 percent of the total responses 
can be processed electronically, either by downloading a fillable PDF 
file, emailing a document, or for respondents with accounts, using 
APHIS electronic information systems to process and submit information. 
The remainder of the collection activities in this information 
collection cannot be processed electronically because the instruments 
typically must accompany the animals during transit or are prepared and 
issued by foreign entities. For assistance with E-Government Act 
compliance related to this proposed rule, please contact Mr. Joseph 
Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483, 
or the person listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 9 CFR Part 93

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

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

[[Page 67666]]

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. By adding a heading to paragraphs (a) and (b);
0
b. By revising the heading of paragraph (d);
0
c. By redesignating paragraphs (d)(1)(ii)(A) through (E) as paragraphs 
(d)(1)(ii)(B) through (F), respectively, and adding a new paragraph 
(d)(1)(ii)(A);
0
d. In newly redesignated paragraph (d)(1)(ii)(C) introductory text, by 
adding the words ``and identification'' after the word ``activities'';
0
e. In newly redesignated paragraph (d)(1)(ii)(C)(4)(iii), by adding the 
words ``, either live or artificial'' after the word ``attempted'';
0
f. In newly redesignated paragraph (d)(1)(ii)(D), by adding the words 
``, including the competition or event records,'' after the word 
``trainer'';
0
g. In newly redesignated paragraph (d)(1)(ii)(F), by removing 
``(d)(1)(ii)(D)'' and adding ``(d)(1)(ii)(E)'' in its place'';
0
h. In paragraph (d)(2), by removing ``(d)(1)(ii)(D)'' each time it 
appears and adding ``(d)(1)(ii)(E)'' in its place;
0
i. In paragraph (d)(3), by removing the words ``paragraph (h)(6) or 
(h)(7)'' and adding the words ``paragraph (h)(7) or (8) in their place;
0
j. In paragraph (e)(2)(i), by removing ``(h)(6)'' and adding ``(h)(7)'' 
in its place, and by removing ``(h)(7)'' and adding ``(h)(8)'' in its 
place;
0
k. In paragraph (e)(3)(i) introductory text, by adding the words ``by 
an accredited veterinarian'' after the words ``of the stallion'';
0
l. In paragraph (e)(3)(i)(B), by adding the words ``(for the purposes 
of this section, the day after the date of breeding is considered the 
first day after breeding)'' after the words ``fourteenth day after 
breeding'';
0
m. By revising paragraph (e)(4)(i);
0
n. In paragraph (f)(10)(i), by removing the words ``paragraph (h)(6) or 
(h)(7)'' and adding the words ``paragraph (h)(7) or (8) in their place;
0
o. By revising paragraph (g) introductory text;
0
p. In paragraph (g)(4), by removing the words ``(a) through (c)'' and 
adding the words ``(g)(1) through (3)'' in their place.
0
q. By redesignating paragraphs (h)(4) through (7) as paragraphs (h)(5) 
through (8), respectively, and adding a new paragraph (h)(4);
0
r. By revising newly redesignated paragraphs (h)(7) and (8); and
0
s. By removing paragraph (j).
    The revisions and additions read as follows:


Sec.  93.301  General prohibitions; exceptions.

    (a) General prohibitions. * * *
    (b) General exceptions. * * *
* * * * *
    (d) Spanish Pure Breed horses from Spain and racing thoroughbred 
horses from France, Germany, Ireland, and the United Kingdom.
    (1) * * *
    (ii) * * *
    (A) For Spanish Pure Breed horses, the horses have been in Spain 
for a minimum of 60 days immediately prior to export; for racing 
thoroughbreds residing in France, Germany, Ireland and/or the United 
Kingdom, the horses have been in one or a combination of these 
countries for a minimum of 60 days immediately prior to export;
* * * * *
    (e) * * *
    (4) * * *
    (i) Mares to be used to test stallions for CEM shall be permanently 
identified before the mares are used for such testing with the letter 
``T'' or other permanent identification approved by APHIS on a case-by-
case basis. The marking shall be permanently applied by an inspector, a 
State inspector, or an accredited veterinarian who shall use a hot 
iron, freezemarking, a lip tattoo, or other APHIS-approved method. If a 
hot iron or freezemarking is used, the marking shall not be less than 2 
inches (5.08 cm) high and shall be applied to the left shoulder or left 
side of the neck of the mare. If a lip tattoo is used, the marking 
shall not be less than 1 inch (2.54 cm) high and 0.75 inch (1.9 cm) 
wide and shall be applied to the inside surface of the upper lip of the 
test mare.
* * * * *
    (g) Special provisions for the importation of horses that have been 
temporarily exported to a CEM-affected region. If a horse originating 
from the United States has been temporarily exported for not more than 
90 days to a CEM-affected region listed under paragraph (c)(1) of this 
section and returns to the United States during that time, or if a 
horse originating from a non-CEM affected region has been temporarily 
exported for not more than 90 days to a CEM-affected region during the 
12 months preceding its proposed importation to the United States, the 
horse may be eligible for return, or for importation into the United 
States, without meeting the requirements of paragraphs (d) through (f) 
of this section, under the following conditions:
* * * * *
    (h) * * *
    (4) The State must agree to provide oversight during the test 
breeding of quarantined stallions.
* * * * *
    (7) A list of States approved by APHIS to receive stallions over 
731 days of age imported under paragraph (e) of this section is 
maintained on the APHIS website at [ADDRESS TO BE ADDED IN FINAL RULE]. 
Copies of the list will also be available via postal mail, fax, or 
email upon request to the Regionalization Evaluation Services, 
Veterinary Services, Animal and Plant Health Inspection Service, 4700 
River Road, Unit 38, Riverdale, MD 20737.
    (8) A list of States approved by APHIS to receive mares over 731 
days of age imported under paragraph (e) of this section is maintained 
on the APHIS website at [ADDRESS TO BE ADDED IN FINAL RULE]. Copies of 
the list will also be available via postal mail, fax, or email upon 
request to Live Animal Imports, Veterinary Services, Animal and Plant 
Health Inspection Service, 4700 River Road, Unit 38, Riverdale, MD 
20737.
* * * * *
0
3. Section 93.302 is amended as follows:
0
a. By redesignating paragraphs (a) through (d) as paragraphs (b) 
through (e), respectively, and adding a new paragraph (a); and
0
b. By adding a heading to newly redesignated paragraph (e).
    The additions read as follows:


Sec.  93.302   Inspection of certain aircraft and other means of 
conveyance and shipping containers thereon; unloading, cleaning, and 
disinfection requirements.

    (a) Shipping container requirements: Shipping containers used to 
transport live equine(s) to the United States must meet the following 
requirements:
    (1) Containers must be new or cleaned and disinfected in a manner 
that sufficiently reduces the risk of introduction or dissemination of 
any pests or diseases of livestock into the United States.
    (2) Containers must be of sufficient size and construction to 
reasonably assure that live equine(s) are transported safely.
    (3) Stocking density of live equine(s) must not be to an extent 
that impinges

[[Page 67667]]

on the animals' safety during transportation.
    (4) Guidance on how to meet these requirements may be found in the 
Live Animal Regulations (LAR), as amended, published by the 
International Air Transport Association (IATA). The Administrator may 
also approve alternative guidance than that described in the LAR.
* * * * *
    (e) Shipping container: * * *


Sec.  93.304  [Amended]

0
5. In Sec.  93.304, paragraph (a)(1)(i) is amended, in the first 
sentence, by adding the words ``or transiting'' after the words ``For 
horses from'', adding the words ``Federal quarantine or'' after the 
words ``quarantine at a'', and removing the words ``except as otherwise 
provided for in Sec. Sec.  93.315, 93.319, and 93.321,'', and in the 
next to last sentence, by adding the words ``, or other attestation 
regarding the health of the animals'' after the word ``subjected''.


Sec.  93.306   [Amended]

0
5. Section 93.306 is amended by adding the words ``, to include horses 
dead upon presentation,'' after the words ``all other horses'' in the 
second sentence.
0
6. Section 93.307 is revised to read as follows:


Sec.  93.307  Articles accompanying horses.

    No litter or manure, fodder or other aliment, nor any equipment 
such as boxes, buckets, ropes, chains, blankets, or other things used 
for or about horses governed under any law or regulation administered 
by the Secretary of Agriculture for prevention of the introduction or 
dissemination of any pests or diseases of livestock, shall be landed 
from any conveyance except under such restrictions as the inspector in 
charge at the port of entry shall direct.
0
v7. Section 93.308 is amended as follows:
0
a. By revising paragraph (a)(1);
0
b. By redesignating paragraphs (a)(3) and (4) as paragraphs (a)(4) and 
(5), respectively, and adding a new paragraph (a)(3);
0
c. By revising footnote 11;
0
d. In paragraph (b) introductory text, by adding the words ``, except 
horses originating from regions in which Venezuelan equine 
encephalomyelitis or screwworm is declared to exist,'' after ``Sec.  
93.303(e)''; and
0
e. In paragraph (c)(4)(v)(B), by removing ``(a)(4)'' and adding 
``(a)(5)'' in its place.
    The revisions and addition read as follows:


Sec.  93.308  Quarantine requirements.

    (a) * * *
    (1) Except as provided in Sec. Sec.  93.317 (horses from Canada) 
and 93.324 (horses from Mexico), horses intended for importation from 
regions that APHIS considers to be affected with Venezuelan equine 
encephalomyelitis shall be quarantined at a port designated in Sec.  
93.303 to be evaluated for signs of Venezuelan equine 
encephalomyelitis. Each horse must be accompanied at the time of 
importation by an import permit in accordance with Sec.  93.304.
    (i) A list of regions that APHIS considers affected with Venezuelan 
equine encephalomyelitis is maintained on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of 
the list can be obtained via postal mail or email upon request to 
Regionalization Evaluation Services, Strategy and Policy, Veterinary 
Services, Animal and Plant Health Inspection Service, 4700 River Road, 
Unit 38, Riverdale, Maryland 20737; [email protected].
    (ii) APHIS will add a region to the list upon determining that the 
disease exists in the region based on reports APHIS receives of 
outbreaks of the disease from veterinary officials of the exporting 
country, from the World Organization for Animal Health (OIE), or from 
other sources the Administrator determines to be reliable. APHIS will 
remove a region from the list after conducting an evaluation of the 
region in accordance with Sec.  92.2 of this subchapter and finding 
that the disease is not present in the region. In the case of a region 
formerly not on this list that is added due to an outbreak, the region 
may be removed from the list in accordance with the procedures for 
reestablishment of a region's disease-free status in Sec.  92.4 of this 
subchapter.
* * * * *
    (3) Horses from regions where APHIS considers screwworm to exist 
may be imported into the United States only if they meet the 
requirements in paragraphs (a)(3)(i) through (vii) of this section, 
obtain an import permit in accordance with Sec.  93.304, and meet all 
other applicable requirements of this part. A list of regions where 
screwworm is considered to exist is maintained on the APHIS website at 
https://www.aphis.usda.gov/animalhealth/disease-status-of-regions. 
Copies of the list will also be available via postal mail, fax, or 
email upon request to the Regionalization Evaluation Services, Strategy 
and Policy, Veterinary Services, Animal and Plant Health Inspection 
Service, 4700 River Road, Unit 38, Riverdale, MD 20737; 
[email protected]. APHIS will add a region to the list upon 
determining that screwworm exists in the region based on reports APHIS 
receives of detections of the pest from veterinary officials of the 
exporting country, from the World Organization for Animal Health (OIE), 
or from other sources the Administrator determines to be reliable. 
APHIS will remove a region from the list after conducting an evaluation 
of the region in accordance with Sec.  92.2 of this subchapter and 
finding that screwworm is not present in the region. In the case of a 
region formerly not on this list that is added due to a detection, the 
region may be removed from the list in accordance with the procedures 
for reestablishment of a region's disease-free status in Sec.  92.4 of 
this subchapter.
    (i) A veterinarian must treat horses with ivermectin 3 to 5 days 
prior to the date of export to the United States according to the 
recommended dose prescribed on the product's label.
    (ii) Horses must be examined for screwworm by a full-time salaried 
veterinary official of the exporting country within 24 hours prior to 
shipment to the United States. The official must fully examine the 
horses, including their external genitalia. If horses are found to be 
infested with screwworm, they must be treated until free from 
infestation.
    (iii) At the time horses are loaded onto a means of conveyance for 
export, a veterinarian must treat any visible wounds on the animals 
with a solution of coumaphos dust at a concentration of 5 percent 
active ingredient.
    (iv) Horses must be accompanied to the United States by a 
certificate signed by a full-time salaried veterinary official of the 
exporting country. The certificate must state that the horses, 
including their external genitalia, have been thoroughly examined and 
found free of screwworm and that the horses have been treated in 
accordance with paragraphs (a)(3)(i) and (iii) of this section.
    (v) Horses must be quarantined upon arrival in the United States at 
a port designated in Sec.  93.303 for at least 7 days.
    (vi) Horses must be examined for screwworm by a veterinarian within 
24 hours after arrival at a port designated in Sec.  93.303. The 
examining veterinarian must examine horses, including their external 
genitalia, to determine whether the horse is infested with screwworm.
    (vii) Horses must be held at the animal import center for a minimum 
of

[[Page 67668]]

7 days. On day 7, prior to the horses' release, the horses must be 
examined by a veterinarian at the expense of the owner or broker. For 
this examination, male horses must be tranquilized or sedated so that 
the external genitalia of the horses can be thoroughly examined. If 
screwworm is found during this examination, the horses must be held in 
quarantine and treated until free of infestation.
* * * * *
    \11\ Protocols for testing equines in import quarantine are 
available on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine/guidelines-docs-related-to-importing-equine.

0
8. Section 93.314 is amended as follows:
0
a. By revising paragraphs (a) introductory text and (a)(1);
0
b. By redesignating paragraphs (a)(4) and (5) as paragraphs (a)(6) and 
(7), respectively, and adding new paragraphs (a)(4) and (5);
0
c. By revising newly redesignated paragraph (a)(7)(i); and
0
d. By adding paragraph (d).
    The revisions and additions read as follows:


Sec.  93.314  Horses, certification, and accompanying equipment.

    (a) Horses offered for importation from any part of the world shall 
be accompanied by an original certificate endorsed by a salaried 
veterinary officer of the national government of the region of origin, 
or if exported from Mexico, shall be accompanied either by such a 
certificate or by a certificate issued by a veterinarian accredited by 
the National Government of Mexico and endorsed by a full-time salaried 
veterinary officer of the National Government of Mexico, thereby 
representing that the veterinarian issuing the certificate was 
authorized to do so. The certificate shall specify the name and address 
of the importer; the species, breed, number or quantity of horses or 
horse test specimens to be imported; the purpose of the importation; 
individual horse identification which requires a description of the 
horse, name, age, markings and, when present, registration number, 
tattoo, microchip, eartag, brand, if any; the region and premises of 
origin; the name and address of the exporter; and the destination 
address for release into the United States; and shows that:
    (1) The horses described in the certificate have been in said 
region during the 60 days preceding exportation, or, for horses 
described in Sec.  93.301(g), for the duration of their temporary 
exportation to each CEM-affected region;
* * * * *
    (4) The horse, if applicable, has not been gelded during the 14 
days preceding exportation. If gelded, the horse is accompanied by 
certificate of castration including date of completion and removal of 
both testicles;
    (5) The horse will be accompanied by documentation of pre-export 
examination occurring within 48 hours of export endorsed by a salaried 
veterinary medical officer;
* * * * *
    (7) * * *
    (i) The horses, except horses described in Sec.  93.301(f), have 
not been in any region listed in accordance with Sec.  93.301(c)(1) on 
the APHIS website as affected with CEM during the 12 months immediately 
prior to their importation into the United States;
* * * * *
    (d) For purposes of this section, the term ``original'' means 
documentation is prepared and issued directly from the national 
government of the region of origin or annotated by the national 
government of the region of origin to indicate how the documentation 
may be verified. Any declaration, permit, or other required document 
for horses may be issued and presented using a United States Government 
electronic information exchange system or other method authorized by 
APHIS.
0
9. Section 93.317 is amended as follows:
0
a. By revising paragraph (a);
0
b. In paragraph (b), by removing the words ``, without USDA veterinary 
port inspection,'' after the words ``30-day-period''; and
0
c. By redesignating paragraph (c) as paragraph (d) and adding a new 
paragraph (c).
    The revision and addition read as follows:


Sec.  93.317  Horses from Canada.

    (a) Except as provided in paragraph (d) of this section, horses 
from Canada shall be accompanied by a certificate as required by Sec.  
93.314, which shall include evidence of a negative test for equine 
infectious anemia for which blood samples were drawn during the 180 
days preceding exportation to the United States and which test was 
conducted in a laboratory approved by the Canada Department of 
Agriculture or the United States Department of Agriculture. Horses 
accompanying their dams, which were foaled after their dam was so 
tested negative, need not be so tested and shall otherwise be handled 
as provided in Sec.  93.314. Certificates required for horses from 
Canada must be issued and endorsed by a salaried veterinarian of the 
Canadian Government.
* * * * *
    (c) Any horse imported into the United States from Canada through 
air or ocean ports of entry must obtain an import permit under Sec.  
93.304 and shall otherwise be handled as provided in Sec. Sec.  93.305 
and 93.314.
* * * * *


Sec.  93.318  [Amended]

0
10. In Sec.  93.318, paragraph (b) is amended by removing the words ``: 
And, provided further, That all horses offered for re-entry upon 
examination by the veterinary inspector at the U.S. port of entry, are 
found by the inspector to be free of pests or diseases of livestock and 
exposure thereto and are determined to be the identical horses covered 
by said certificates or are the natural increase of such horses born 
after official test dates certified on the dam's health certificate'' 
after the words ``offered for return to the United States''.
0
11. Section 93.319 is revised to read as follows:


Sec.  93.319  Import permit and declaration for horses.

    For all horses offered for importation from or transiting through 
regions of Central America or of the West Indies, the importer or his 
or her agent shall have obtained an import permit under Sec.  93.304 
and shall present two copies of a declaration as provided in Sec.  
93.305.


Sec.  93.320  [Amended]

0
12. Section 93.320 is amended by adding the words ``or transiting 
through'' after the word ``from''.
0
13. Section 93.321 is amended by adding a sentence after the last 
sentence to read as follows:


Sec.  93.321  Import permits and applications for inspection for 
horses.

    * * * Horses quarantined at a U.S. facility designated in Sec.  
93.303 must obtain an import permit under Sec.  93.304.
0
14. Section 93.324 is amended by revising footnote 19 to read as 
follows:


Sec.  93.324  Detention for quarantine.

* * * * *
    \19\ Protocols for testing equines in import quarantine are 
available on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine/guidelines-docs-related-to-importing-equine.


[[Page 67669]]


    Done in Washington, DC, this 18th day of November 2021.
Jack Shere,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-25613 Filed 11-26-21; 8:45 am]
BILLING CODE 3410-34-P