[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 62993-63004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19864]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / 
Rules and Regulations  

[[Page 62993]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

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


Import Regulations for Horses

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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inconsistencies or outdated information.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

DATES: Effective October 16, 2023.

FOR FURTHER INFORMATION CONTACT: Dr. Iwona Tumelty, VS Strategy and 
Policy, Live Animal Imports, VS, APHIS, 4700 River Road Unit 39, 
Riverdale, MD 20737-1231; 301-851-3300; [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 et 
seq.), the Secretary of Agriculture may prohibit or restrict the 
importation or entry of any animal, article, or means of conveyance if 
the Secretary determines that the prohibition or restriction is 
necessary to prevent the introduction into or dissemination within the 
United States of any pest or disease of livestock. The AHPA also 
authorizes the Secretary to prohibit or restrict the use of any means 
of conveyance in connection with the importation or entry of livestock 
if the Secretary determines that the prohibition or restriction is 
necessary because the means of conveyance has not been maintained in a 
clean and sanitary condition or does not have accommodations for the 
safe and proper movement of livestock.
    The regulations in 9 CFR part 93 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals, 
including horses, as well as their means of conveyance, pursuant to the 
AHPA.
    On November 29, 2021, we published in the Federal Register (86 FR 
67661-67669, Docket No. APHIS-2016-0033) a proposed rule \1\ to amend 
the horse import regulations to better align them with international 
standards and improve flexibility for both the equine industry and the 
Animal and Plant Health Inspection Service (APHIS). The proposed 
changes included increasing the number of days horses exported from 
regions free from contagious equine metritis (CEM) are allowed to spend 
in a CEM-affected region and re-enter the United States without testing 
from 60 days to 90 days; requiring an import permit for horses 
transiting through CEM-affected regions; adding requirements for health 
certifications to ensure health certifications properly attest to the 
health of the imported horse; removing the requirement that horses 
permanently imported from Canada undergo inspection at the port of 
entry; requiring that horses transiting Central America or the West 
Indies comply with the same regulations that apply to horses directly 
imported from these regions; adding requirements for shipping 
containers used in transporting horses; and a number of minor 
miscellaneous changes.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting document, and the 
comments we received, go to www.regulations.gov and enter APHIS-
2016-0033 in the Search box.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
January 28, 2022. We received 28 comments by that date. They were from 
a veterinary association, a business, governing bodies for equestrian 
sports, breed associations, State departments of agriculture, a 
university, equine associations, trade organizations, and members of 
the public.
    Of the 28 submissions, 11 supported the rule, 1 did not support the 
rule, and 16 posed questions or additional suggestions without 
expressly supporting or disagreeing with the rule. In response to the 
comments, we made a number of changes to the proposed rule that we are 
implementing in this final rule. These changes include the following:
     Not proceeding with our proposal to remove, and instead 
maintaining, the requirement in Sec.  93.317 that horses presented for 
permanent importation to the United States from Canada receive an 
inspection prior to entry;
     Not proceeding with our proposal to require a certificate 
of castration including date of castration and removal of both 
testicles from all gelded horses in Sec.  93.314;
     Not proceeding with our proposed amendments to Sec.  
93.301(d), which would have required additional details in 
documentation for imported Spanish pure breed horses from Spain and 
racing thoroughbred horses from France, Germany, Great Britain, the 
Republic of Ireland, and Northern Ireland;
     Removing Los Angeles, California, and Miami, Florida from 
the list of air and ocean ports that APHIS has designated for the 
importation of horses in Sec.  93.303(a);
     Removing the lists of border ports and limited ports in 
Sec.  93.303(b) through (d) and adding instead a link to the APHIS 
website which contains the most up-to-date information regarding ports;
     Amending Sec.  93.301(g)(1)(iii) to clarify that breeding 
of the horse must never have been attempted, either live or artificial;

[[Page 62994]]

     Amending Sec.  93.301(f)(5)(v) to state that seals may 
also be broken by a State animal health official;
     Adding new Sec.  93.301(e)(2)(ii) to state that stallions 
and mares must be transported to the approved State in a sealed 
vehicle, and that the seal may be broken only by an APHIS 
representative, State animal health official, or accredited 
veterinarian under certain circumstances, at the horse's destination;
     Amending Sec.  93.302(a)(4) to add the World Organization 
for Animal Health's (WOAH's) \2\ Terrestrial Animal Health Code as 
another example of guidance that may be used to meet a shipping 
container performance standard;
---------------------------------------------------------------------------

    \2\ World Organization for Animal Health (WOAH) (formerly 
referenced as OIE).
---------------------------------------------------------------------------

     Correcting the section heading of Sec.  93.304;
     Amending Sec.  93.306 to clarify that APHIS will refuse 
entry to horses arriving in the same shipment as horses dead upon 
arrival;
     Amending Sec.  93.308 to clarify that horses imported from 
regions where African horse sickness exists must obtain an import 
permit; and
     Amending Sec.  93.314 to clarify that all horses described 
in Sec.  93.301 that are allowed to enter the United States from a CEM-
affected region under special provisions are not required to state on 
their health certificate that they have not been in a CEM-affected 
region prior to export.
    The comments that we received, as well as details of the changes we 
made in response to the comments, are discussed below by topic.

Temporary Export to CEM-Affected Countries

    We proposed to amend Sec.  93.301(g) by increasing the number of 
days horses from the United States or other regions not known to be 
CEM-affected are allowed to spend in a CEM-affected region and re-enter 
the United States without testing from 60 days to 90 days.
    One commenter believed APHIS was decreasing the amount of time a 
horse from a CEM-affected region was held in quarantine from 90 days to 
60 days, and stated that horses should be made to stay the full 90 days 
to decrease risk of exposure. Another commenter disagreed with this 
interpretation and stated that the proposed rule referred to the amount 
of time a horse from the United States or a region not affected with 
CEM can spend in CEM-affected regions without needing to undergo CEM 
testing prior to entry into the United States, rather than time in 
quarantine upon reentry.
    The latter commenter's interpretation is correct. APHIS is not 
decreasing the amount of time an animal is required to spend in 
quarantine after returning from the CEM-affected region. Rather, APHIS 
is making changes to special provisions applicable to horses from CEM-
free countries temporarily exported to CEM-affected countries that do 
not have to undergo CEM testing or CEM quarantine upon arrival, 
provided they meet certain conditions. These conditions include 
extensive documentation ensuring that the horse was not exposed to CEM 
during its temporary exportation. APHIS proposed to extend the days of 
temporary exportation to a CEM-affected region from the current 60 days 
to 90 days with regard to these special provisions. As the extensive 
documentation of the horse's health status and movement during its 
exportation provides assurance that the horse was not exposed to CEM, 
this change will not increase the risk of introducing animal disease 
into the United States.
    One commenter disagreed with extending the period of temporary 
export from 60 to 90 days, calling it careless.
    APHIS had proposed this change to better align our regulations with 
the typical competition cycle--the competition cycle is often more than 
60, but no more than 90, days. As stated in the proposed rule, APHIS 
found that the risk of horses introducing CEM to the United States 
would continue to be minimal if the temporary export period was 
increased to 90 days. The most significant safeguards against these 
horses introducing CEM into the United States are the attestations 
required by the health certificate in the current regulations, rather 
than the amount of time the horses may spend in a CEM-affected region. 
As these attestations ensure that horses have not had the opportunity 
to breed nor have any genital contact, and CEM is spread through these 
means, we consider these attestations to be effective mitigations 
against the introduction of CEM. Limiting the period of temporary 
export is an additional risk mitigation that supplements the mitigation 
of the health certificate.

CEM Testing

    We proposed a number of miscellaneous changes to the regulations 
regarding test breeding required for horses entering the United States 
from CEM-affected countries. These included correcting an inconsistency 
between the requirements in Sec.  93.301(e)(3) and (5) for mares and 
stallions by specifying that samples from stallions must also be 
collected by an accredited veterinarian.
    One commenter supported adding to the regulations that samples 
collected from a stallion must be from a qualified trained individual 
such as an accredited veterinarian, but suggested adding flexibility to 
the regulations to allow States to approve qualified individuals to 
take samples as required in Sec.  93.301(e)(3)(i).
    We appreciate the suggestion. However, the purpose of this change 
was only to align the requirements for mares and stallions. We may look 
into addressing the issue of increased flexibility for States with 
regards to collecting samples in a future action.
    One commenter requested clarification as to who is an accredited 
veterinarian.
    The proposed addition of the term ``accredited veterinarian'' to 
Sec.  93.301(e)(3) refers to the individual collecting samples from 
stallions during test breeding in a State following the horse's export 
to the United States. As stated in the definition of the term in Sec.  
93.300, an accredited veterinarian is a veterinarian approved by the 
Administrator in accordance with the provisions of 9 CFR part 161 to 
perform specific outlined functions.
    One commenter suggested adding polymerase chain reaction (PCR) 
testing for CEM to the approved disease screening protocols.
    APHIS is constantly monitoring test methods for possible approval. 
At this time, PCR tests for CEM are not validated by the National 
Veterinary Services Laboratories (NVSL), the reviewing party within 
APHIS for tests of diseases of concern for livestock.
    One commenter suggested that retired racing stallions repatriated 
to the United States to accredited sanctuaries should not have to 
undergo test breeding for CEM.
    We understand that racing stallions may come to the United States 
to retire and find test breeding onerous. However, our CEM testing 
requirements are critical to ensuring that the United States is 
protected against the introduction of foreign animal disease. We also 
note that, under certain circumstances, retiring racehorses may not 
have to undergo test breeding. For example, if the retiring racehorse 
is a racing thoroughbred that meets the requirements of Sec.  
93.301(d), which pertains to Spanish Pure Breed horses from Spain and 
thoroughbred horses from France, Germany, Great Britain, the Republic 
of Ireland, and Northern Ireland imported for permanent entry from CEM-
affected regions, the horse does not have to undergo CEM test breeding 
upon arrival to the United States.

[[Page 62995]]

    One commenter stated that test breeding for CEM in general should 
be reconsidered, calling the practice ``inhumane'' and stating that 
advancements in science have resulted in more humane methods to test 
for CEM.
    We are constantly monitoring the development of new testing methods 
and look to adopt new methods when they are validated. At this time, 
test breeding has been determined to be the most reliable method to 
ascertain whether horses are affected with CEM and therefore to protect 
the United States against the introduction of foreign animal disease.

Horses From CEM-Affected Countries

    We proposed a number of miscellaneous changes to the regulations 
regarding horses entering the United States from CEM-affected 
countries.
    These included changes to paragraph (d) of Sec.  93.301, which 
governs the importation of Spanish pure breed horses from Spain and 
racing thoroughbred horses from France, Germany, Great Britain 
(England, Scotland, and Wales), the Republic of Ireland, and Northern 
Ireland,\3\ stipulating verification and documentation requirements 
that these horses must meet to qualify for exemption from the 
prohibition on importation of horses from CEM-affected regions. We 
proposed to amend Sec.  93.301(d) to increase the level of detail in 
the verification and documentation requirements for these horses. Our 
proposal included requiring that, for Spanish pure breed horses, the 
health certificate state that the horses have been in Spain for a 
minimum of 60 days immediately prior to export; and for racing 
thoroughbreds from France, Germany, Ireland, and the United Kingdom, 
that the health certificate state that the horses have been in one or 
more of these countries for a minimum of 60 days immediately prior to 
export. Our proposal also included adding to the regulations the words 
``and identification'' after the word ``activities'' in the description 
of the information the veterinarian issuing the health certificate is 
required to examine; adding to the regulations the words ``including 
the competition or event records'' after the words ``the records kept 
by the trainer'' in the description of the records the veterinarian is 
required to examine; and clarifying that the prohibition on attempted 
breeding that the veterinarian is required to ensure has not occurred 
applies to both live and artificial breeding. We also proposed to make 
an editorial change to paragraph (d) by adding the word ``racing'' in 
front of the words ``thoroughbred horses from France, Germany, Ireland, 
and the United Kingdom.''
---------------------------------------------------------------------------

    \3\ At the time of the proposed rule's publication, these 
regions were characterized as ``France, Germany, Ireland, and the 
United Kingdom,'' and were referred to as such in our proposed rule 
and by commenters. A final rule published in the Federal Register on 
August 16, 2021 (86 FR 45621-45629, Docket No. APHIS-2021-0003) 
updated the regulations to treat Great Britain (England, Scotland, 
and Wales) and Northern Ireland as separate entities following the 
exit of the United Kingdom (UK) from the European Union.
---------------------------------------------------------------------------

    One commenter asked about the significance of adding the word 
``racing'' before ``thoroughbreds.'' Another commenter stated that the 
requirements that racing thoroughbreds from a CEM-affected country must 
meet to compete temporarily in the United States are excessive and a 
financial burden.
    We have decided not to proceed with our proposed changes to Sec.  
93.301(d). Since the close of the comment period, APHIS has discovered 
a high degree of noncompliance with the current verification and 
documentation requirements in Sec.  93.301(d). While we have 
strengthened our guidance to importers and remediated the non-
compliance on a case-by-case basis thus far, and while we are still 
evaluating the full basis for this non-compliance, the fact that the 
horses to which these regulations apply move so rapidly between 
countries is a contributing factor, since this alacrity and frequency 
of movement makes it challenging for importers to provide the required 
verification and documentation. We believe that the proposed amendments 
could exacerbate that problem by adding to the current verification and 
documentation requirements. We do not want to proceed with the proposed 
amendments without first evaluating how to increase compliance.
    To address this issue, we intend to undertake a holistic evaluation 
of the requirements in this section. We will propose any revisions to 
Sec.  93.301(d) resulting from this evaluation at a future date.
    Until such rulemaking is promulgated, the provisions of current 
Sec.  93.301(d) will remain in effect.
    Two commenters stated that the approved breed association for 
France should be updated to France Galop.
    A final rule published in the Federal Register on August 16, 2021 
(See footnote 3) updated the regulations to list France Galop as the 
approved breed association for France.
    A commenter stated that some States want to seal doors and barns 
shut as part of their protocol for keeping a competition horse 
separated from other horses, and that this is a liability in the case 
of situations such as fires.
    Event organizers routinely discuss emergency protocols in the case 
of unforeseen circumstances such as fires prior to competition events 
to ensure the wellbeing of competition horses. Because this contingency 
planning is a routine business practice, we do not believe that our 
requirements to keep competition horses separate from other horses 
place horses at an increased risk of harm in the case of emergencies.
    Two commenters asked for the United States and other CEM-free 
countries to be added to the temporary import exemption provisions for 
racing thoroughbreds residing in France, Germany, Ireland, and/or the 
United Kingdom.
    As the provisions that the commenter refers to in Sec.  93.301(d) 
pertain to the importation of a horse from outside the United States 
into the United States, adding provisions governing reentry of domestic 
horses to the paragraph would not be warranted or appropriate. 
Additionally, at this time, we cannot consider adding other countries 
because a comprehensive evaluation of adequate and reliable 
recordkeeping on the health history of horses in the country would need 
to be completed. If a country requests to be added to this list, and 
APHIS confirms their maintenance of accurate and reliable 
recordkeeping, APHIS will consider additional changes to the 
regulations. Currently, APHIS evaluates requests for exemptions for 
horses from other countries on a case-by-case basis.
    We also note that meeting the requirements of Sec.  93.301(d) for 
racing thoroughbred horses from France, Germany, Great Britain 
(England, Scotland, and Wales), the Republic of Ireland, and Northern 
Ireland is not the only way horses can receive an exemption from CEM 
provisions. U.S.-origin horses may travel to a CEM-affected country for 
a specified period of time for competition and return without having to 
complete CEM testing or quarantine if the horse meets the requirements 
outlined in Sec.  93.301(g).
    One commenter asked whether a competition horse that spends 90 days 
in the European Union and qualifies for the CEM testing exemption in 
Sec.  93.301(g) can return multiple times within 12 months to the 
European Union and continue to qualify for the CEM testing exemption.
    Section 93.301(g) allows U.S.-origin horses to travel to CEM-
affected regions for a maximum of 90 days at a time. The number of 90-
day trips that a U.S.-origin

[[Page 62996]]

horse can take within this 12-month period is not restricted by the 
regulations.
    One commenter requested that, in addition to breeding and sexual 
contact, we add semen collection as a prohibited practice for horses 
temporarily exported to CEM-affected countries who can re-enter the 
United States without testing. The commenter noted that CEM can be 
transmitted through artificial insemination (which involves semen 
collection).
    Because CEM can be spread through semen regardless of the method of 
insemination, we agree with the commenter and consider artificial 
breeding a form of breeding. We have revised the prohibition on 
breeding in Sec.  93.301(g)(1)(iii) to specify that breeding of the 
horse must never have been attempted, whether live or artificial.
    One commenter asked that we modify Sec.  93.301(f)(5)(v), which 
governs transit within the United States for horses temporarily 
imported for competition or entertainment purposes, to allow State 
animal health officials to break seals on sealed vehicles due to the 
varying availability of APHIS representatives in different States.
    We agree with the commenter and will add to the regulations that 
seals may also be broken by a State animal health official. As these 
individuals are also trained in preventing the introduction or 
dissemination of animal disease, this will not increase the risk of 
introducing CEM into the United States.
    The commenter also asked that we add a requirement that trailers 
transporting horses from Federal to State CEM quarantine be sealed, as 
this is a routine practice and the explicit addition to the regulations 
would help with enforceability.
    As we stated in the proposed rule, one of the aims of the rule was 
to clarify existing policy or intent with regard to our regulations 
governing the importation of equines. We agree with the commenter that 
the requirement requested does reflect current operational practice for 
transport of horses from Federal CEM quarantine to State CEM 
quarantine, and thus fits within this articulated rubric. Accordingly, 
we will add a new Sec.  93.301(e)(2)(ii) to state that stallions and 
mares must be transported to the approved State in a sealed vehicle, 
and that the seal may be broken only by an APHIS representative or a 
State animal health official at the horse's destination. If an APHIS 
representative or State animal health official is unavailable to break 
the seal due to extenuating circumstances, the State animal health 
official may designate the authority to unseal to an accredited 
veterinarian and the State animal health official will assume the 
responsibility for oversight and recordkeeping.
    Two commenters asked us to require that a horse's final destination 
in the United States following CEM quarantine release be listed on the 
horse's import permit.
    This requirement is already captured in the eFile application 
system. We are currently in the process of phasing out the ePermits 
system and replacing it with eFile.

Shipping Containers

    We proposed to add additional requirements for shipping containers 
to Sec.  93.302 by adding disinfection requirements and measures to 
ensure that horses are transported safely. We proposed to present these 
requirements as performance standards, and referred individuals to the 
Live Animals Regulations (LAR), as amended, published by the 
International Air Transport Association (IATA) for optional guidance on 
how to meet these requirements. We also proposed that, if an importer 
wished to use alternative means of meeting the requirements other than 
those in the LAR, they would be able to contact APHIS Live Animal 
Imports to ask for approval. Five commenters suggested that APHIS 
develop its own standards for shipping containers or add more details 
to regulations, rather than using a performance standard and referring 
individuals to the LAR published by the IATA for guidance. These 
commenters cited ambiguity inherent to performance standards, and the 
high cost of purchasing the LAR as concerns.
    Performance standards allow for the possibility of a variety of 
means in order to meet them. As one of the commenters noted, the 
various breeds, sizes, and ages of horses shipped make one-size-fits-
all requirements for shipping containers difficult. If importers are 
unsure whether they have met the performance standard, they can contact 
APHIS Live Animal Imports to ask for approval by phone at (301) 851-
3300, option 2, or by email at [email protected]. If, in the future, we 
believe that additional clarification would be helpful, we may look 
into the development of further policy.
    Regarding costs, importers are not required to use the LAR 
published by the IATA to meet the performance standard. Individuals may 
contact APHIS Live Animal Imports to ask for approval of a particular 
shipping container by the methods outlined above, without recourse to 
the examples of guidance that we provide in the regulatory text.
    That being said, we acknowledge commenters' concerns about the 
accessibility of the LAR and recognize that the regulations as written 
in our proposal may have incorrectly given importers the impression 
that using the LAR is preferred over other means of meeting the 
performance standard. In response to these concerns, we are amending 
the regulatory text to add that the WOAH's Terrestrial Animal Health 
Code may also be used to meet the performance standard. The Terrestrial 
Animal Health Code can currently be accessed online \4\ at no cost, and 
also meets the standards for shipping containers that we have laid out 
in the regulations.
---------------------------------------------------------------------------

    \4\ The Terrestrial Animal Code is available at https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/.
---------------------------------------------------------------------------

    One commenter asked us to add a provision giving APHIS the 
authority to test shipping containers for disease.
    The existing regulation, redesignated as Sec.  93.302(b) in this 
rule, allows inspectors to inspect whether a means of conveyance, 
including shipping containers, are contaminated with material that 
could introduce or disseminate any communicable animal disease. This 
gives APHIS the authority to test shipping containers for disease, if 
necessary. Our addition of specific cleaning and disinfection 
requirements in Sec.  93.302(a) further ensures that biosecurity is 
upheld.

Horses From Canada

    We proposed to remove the requirement in Sec.  93.317 that horses 
presented for permanent importation to the United States from Canada 
receive an inspection prior to entry.
    Four commenters expressed concern about our proposed removal of the 
inspection requirement for horses permanently imported from Canada. 
These commenters raised the possibility that horses that enter Canada 
from a different country would then be able to circumvent the health 
requirements for horses permanently entering the United States from 
that country. One additional commenter disagreed with our proposal 
without citing a reason.
    We acknowledge the possibility of the commenters' concerns, as our 
proposed change would have allowed the importation of horses from 
Canada without inspection, which could present a risk of disease 
introduction in the event the horse originates from a higher risk 
region of the world. In light of the commenters' response, we will not 
proceed with this proposed change.

[[Page 62997]]

Horses permanently imported into the United States from Canada will 
continue to undergo the currently required inspection at the port of 
entry. We will, however, proceed with making nonsubstantive editorial 
changes to paragraph (a) of Sec.  93.317 to reflect a paragraph 
redesignation and to improve readability.

Transiting Horses

    We proposed to amend Sec.  93.304(a)(1)(i) by adding horses 
transiting CEM-affected regions to the list of horses requiring an 
import permit. We also proposed to amend Sec.  93.319 by adding horses 
transiting Central America and the West Indies as horses requiring an 
import permit.
    One commenter stated that they agreed that horses imported from 
Central America and the West Indies should comply with the regulations.
    We would like to clarify that we proposed a change to horses 
transiting these regions. The requirements already apply to horses 
directly imported from these regions.
    Five commenters asked us to define the term ``transiting,'' as its 
meaning in the regulations may vary depending on the type of horse.
    The regulations pertaining to different types of transiting horses 
are contained in the specific sections for each type of transiting 
horse, and the meaning of the term ``transiting'' is contextually clear 
within each section. If individuals have specific questions regarding 
these requirements, they can contact APHIS Live Animal at 
[email protected].

Certificate of Castration

    We proposed to add to Sec.  93.314 that health certificates must 
confirm that the horse has not been castrated during the 14 days 
preceding exportation. We also proposed to require that all castrated 
horses be accompanied by a certificate of castration that includes the 
date of castration and confirmation that both testicles have been 
removed.
    Five commenters expressed concern that a certificate of castration 
including a date of castration could be difficult or impossible to 
obtain, especially for horses castrated years in the past or that have 
had multiple owners.
    We agree with the commenters' concerns regarding the collection of 
this information. Written confirmation that the horse has not been 
castrated \5\ within the past 14 days will be sufficient to mitigate 
the risks associated with transporting recently castrated horses. We 
will not proceed with our proposal to require a certificate of 
castration including date of castration and removal of both testicles 
from all gelded horses.
---------------------------------------------------------------------------

    \5\ The terms ``castrated'' and ``gelded'' are equivalent and 
are used interchangeably in this document.
---------------------------------------------------------------------------

    One commenter asked for additional clarification on the certificate 
of castration requirement, asking about the required level of detail 
and whether an updated passport indicating the horse was castrated 
would suffice.
    As noted above, we will only require confirmation that the horse 
has not been castrated within the 14 days preceding export. An updated 
passport would not fulfill this requirement. The attestation must be 
completed by a salaried veterinary officer of the national government 
of the region of origin, or as otherwise specified in Sec.  93.314, and 
may come in the form of an attestation on the health certificate, or as 
an addendum to the health certificate that accompanies the horse upon 
arrival.

Pre-Export Exam

    We proposed to require documentation stating that the pre-export 
examination required by Sec.  93.314 occurred within 48 hours of the 
horse's export.
    Three commenters expressed concern about the proposed requirement 
to complete the pre-export examination within 48 hours of the horse's 
export if the horse's travel time from point of origin to port of 
embarkation exceeds 48 hours, particularly in the case of long layovers 
or flight delays. One of these commenters also asked for clarification 
on whether the 48-hour window referred to the expected or actual 
departure time.
    APHIS is requiring that horses complete a pre-export exam within 48 
hours of export because an increasing number of horses are being 
imported into the United States that are sick or injured and 
noncompliant with the regulations. Not only does this pose a risk of 
introducing into or disseminating within the United States pests or 
diseases of livestock, but it also increases quarantine time and user 
fees for stakeholders. We believe that requiring horses to receive a 
pre-export exam within this timeframe will help mitigate these 
problems.
    Because horses are required by Sec.  93.314(b) to obtain a health 
certificate from each region in which they have been present during the 
60 days prior to their shipment to the United States, horses that have 
an extended layover are currently required to obtain a health 
certificate from the country in which they had a layover. Therefore, 
the addition of a requirement of a pre-export exam completed within 48 
hours does not impose an additional requirement in this situation.
    Horses must be inspected within 48 hours of their actual departure 
time. To clarify what we meant by ``within 48 hours of export'' in the 
proposed rule, we will update Sec.  93.314(a)(5) to replace the phrase 
``of export'' with the phrase ``of departure from the port of 
embarkation.'' Extenuating circumstances, such as flight delays, are 
handled by APHIS on a case-by-case basis, as provided for by the 
current regulations in Sec.  93.301(a).

Identification

    We proposed to add the phrase ``or other permanent identification 
approved by APHIS'' to the requirement in Sec.  93.301(e)(4) that mares 
used to test stallions for CEM be marked with the letter ``T''.
    Five commenters asked that we add International Standards 
Organization-compliant microchips to the list of approved permanent 
means of identification for test mares in Sec.  93.301(e)(4)(i).
    As stated in the proposed rule, individuals will be able to contact 
APHIS Live Animal Imports by email at [email protected] to seek 
approval of alternative permanent means of identification, including 
microchips. APHIS will work with stakeholders to ensure that this 
process is as efficient and expeditious as possible. As of now, APHIS 
has not evaluated whether microchips would be a viable method of 
identification in all instances.
    Three of these commenters also asked that we clarify how 
individuals can request U.S. Department of Agriculture (USDA) approval 
of alternative forms of permanent identification for test mares.
    As stated in the proposed rule, individuals may request approval of 
alternative permanent means of identification by contacting APHIS Live 
Animal Imports by email at [email protected].
    Two commenters suggested that APHIS create a process through which 
States could seek permanent approval for an alternative type of 
permanent identification device to be used in that State.
    At this time, limited agency resources do not make the creation of 
such a process practicable. However, we will continue to work with our 
State partners to ensure that the process for considering the approval 
of an alternative means of identification is as efficient and 
expeditious as possible.
    One commenter sought clarification on why importers would be 
interested in using other means of permanent

[[Page 62998]]

identification for test mares, and added that microchips are an 
acceptable form of identification.
    Currently, the regulations only allow test mares to be identified 
by being marked with the letter ``T''. Microchips are not listed as an 
acceptable form of permanent identification. Our change allows for the 
possibility of using permanent identification methods other than 
branding, such as microchips.
    One commenter stated that photos of detailed markings of test mares 
should be collected to correlate with microchip identification 
information.
    Approval of microchipping as a form of identification, including 
the specifics of recordkeeping involved in microchipping, will be 
considered on a case-by-case basis.
    One commenter requested that we remove all references to eartags as 
a means of identification in part 93, as a horse is unlikely to have 
one, and they are insufficient for traceability.
    The only reference to eartags in part 93 occurs in Sec.  93.304, 
where they are listed as an example of identifying information about a 
horse to include on an import permit. We acknowledge that eartags are 
not a frequently used method of identification. However, in order to 
account for rare circumstances, to ensure that import permits include 
all possible relevant identifying information, and to retain 
consistency with the domestic animal traceability regulations in 9 CFR 
part 86, we will continue to list eartags as an accepted method of 
identification.

Quarantine

    We proposed miscellaneous minor changes to regulations related to 
horses entering quarantine, including clarifying that horses 
originating from regions in which Venezuelan equine encephalomyelitis 
or screwworm is declared to exist may not complete quarantine in 
temporary, privately-owned quarantine facilities.
    Two commenters asked that we remove the requirement for importers 
to use a trust fund agreement or escrow account agreement for 
quarantined horses and instead require these individuals to incur and 
pay user fees.
    This is outside of the scope of this rulemaking.
    One commenter asked us to consider specific measures to better 
ensure that horses completing quarantine following importation into the 
United States meet a destination State's import criteria prior to being 
moved into the State, as required by Sec.  86.5.
    This is also outside of the scope of this rulemaking.
    Five commenters asked us to allow horses that receive non-negative 
tests for quarantine diseases to move to other facilities that better 
serve their health and wellness needs while waiting for a re-test.
    Horses must remain in quarantine facilities for the full length of 
time prescribed by APHIS to ensure that no communicable animal diseases 
enter the United States. APHIS determines these quarantine requirements 
using the best available science regarding the diseases of concern. At 
the same time, APHIS works to address the health and wellbeing needs of 
horses in the quarantine facilities it operates. Privately owned 
quarantine facilities must meet the standards outlined in Sec.  
93.308(c) to also address these needs before being approved by APHIS.
    Additionally, APHIS representatives work with importers to make 
sure the needs of horses are met while they are in quarantine.
    One commenter stated that provisions need to be made for horses 
that arrive ill or injured, or become sick or are injured while in 
import quarantine, and require veterinary care beyond what can be 
provided at the quarantine facility.
    This is standard practice in quarantine facilities. When horses 
exhibit signs of illness or injury upon arrival or during import 
quarantine, importers are responsible for bringing in an accredited 
veterinarian to examine and treat the animal. If the accredited 
veterinarian determines that the horse needs advanced care at a 
veterinary hospital, the horse is transported to a veterinary hospital 
approved by APHIS to treat horses under import quarantine.
    Two commenters stated that horses that test negative for regulated 
diseases during quarantine but that exhibit signs of other illness and 
require treatment at an approved veterinary hospital should have less 
stringent quarantine requirements than untested horses.
    Our quarantine requirements are based on the best available 
scientific understanding of communicable diseases of horses. Testing is 
just one part of the quarantine process. Observation under isolation 
for the requisite period of time is also essential, as horses that test 
negative for regulated diseases may still be sick with other infectious 
or emerging diseases and pose a risk to domestic livestock. Therefore, 
this suggestion is not practicable at this time. However, we may look 
further into this suggestion in the future.
    Three commenters stated that USDA should dedicate resources to 
pursue advancing diagnostic testing capabilities for equine import 
testing, particularly for dourine and glanders diagnostic tests.
    We are continuously working with NVSL to build capacity and develop 
diagnostic testing capabilities for equine import testing.
    Two commenters requested that USDA maintain a system of recording 
and reporting abnormal health events that would be used to notify 
animal health officials in the state of the horse's destination, as 
recommended by the U.S. Animal Health Association's (USAHA) Committee 
on Equine.
    We appreciate the suggestion and are working closely with 
stakeholders and other relevant parties to discuss USAHA's requests. We 
also note that APHIS currently has a protocol in place for recording 
and notifying State animal health officials of adverse health events in 
imported equines.
    Three commenters asked that we define the terms ``Federal 
quarantine,'' ``private quarantine,'' and ``temporary private 
quarantine.''
    The terms ``permanent, privately owned quarantine facility'' and 
``temporary, privately owned quarantine facility'' are defined in Sec.  
93.300. These definitions distinguish these facilities from Federal 
quarantine facilities, which are facilities directly operated by APHIS.
    Three commenters requested the removal of a reference to allowing 
exercise equipment in horses' stalls in permanent, privately owned 
quarantine facilities, as this may compromise the safety of the horse. 
One of these commenters also asked APHIS to allow horses other 
opportunities for exercise in both privately owned and Federal 
quarantine facilities.
    Section 93.308(c)(3)(ii)(G) allows exercise equipment to be kept in 
the stall with the horse in permanent, privately owned quarantine 
facilities only if there will still be sufficient space within the 
stalls for the horse to move freely once the equipment is installed. 
Port officials work with owners to ensure the safety of the horse in 
these situations. When there are reasonable requests to allow a horse 
other forms of exercise during quarantine, such as exercise within the 
lot-holding area, APHIS evaluates the request for feasibility and 
compliance with the regulations, and works collaboratively with the 
horse's owner, importer, or other responsible party to address the 
request.
    One commenter asked us to consider allowing horses from VEE-
affected and screwworm-affected countries to quarantine in temporary, 
privately owned quarantine facilities.

[[Page 62999]]

    As stated in the preamble to the proposed rule, horses from VEE- or 
screwworm-affected countries cannot complete quarantine in temporary, 
privately owned quarantine facilities because the performance 
requirements for these facilities are not sufficient to safeguard 
against vector-borne foreign animal diseases (which include screwworm, 
VEE, and African horse sickness).

Screwworm

    We proposed to move the screwworm regulations from Sec.  93.301 to 
Sec.  93.308 and make a minor correction and clarification.
    One commenter stated they supported the creation of a screwworm 
section.
    We would like to clarify for the commenter that, as stated in the 
preamble to the proposed rule, we are not creating a new section 
regarding screwworm, but rather moving the existing regulations 
regarding screwworm to a different section and adding minor corrections 
and clarifications.
    One commenter stated that, if USDA allows for exemptions from the 
7-day screwworm import quarantine requirements, then a screwworm 
examination by the accredited veterinarian must be required prior to 
quarantine release.
    We did not propose to add an exemption to the 7-day screwworm 
quarantine requirement in the regulations. The regulations continue to 
require that horses from screwworm-affected countries complete a 
minimum of 7 days in quarantine.
    The commenter also requested that we allow a 3-day quarantine 
instead of 7-day quarantine for horses that stop in a screwworm-
affected country for a plane to refuel. Another commenter asked why 
horses from Australia or New Zealand are required to complete a 7-day 
quarantine if they transit a screwworm-affected country, while horses 
from certain screwworm-affected regions are allowed a shorter 
quarantine period.
    As stated above, we did not propose substantive changes to the 
screwworm regulations. Therefore, the length of time a horse from a 
screwworm-affected country spends in quarantine is outside the scope of 
this rulemaking.

Other Comments

    Two commenters noted that the lists of ports of entry for horses in 
Sec.  93.303 were not accurate or did not match those listed on the 
APHIS website.
    The commenters are correct that this information is not up to date 
in the regulations. Because ports have historically opened or closed 
more frequently than could be updated via rulemaking, resulting in 
inaccurate information in the regulations, and because the proposed 
rule in several instances discussed activities that must take place at 
an approved port of entry in order for a horse to be validly imported, 
it is important for clear and unambiguous implementation of this final 
rule that the lists of such ports of entry be up to date. Accordingly, 
we will remove the lists of Canadian border ports in paragraph (b), 
Mexican border ports in paragraph (c), and limited ports in paragraph 
(d) in Sec.  93.303 and add instead a link to the APHIS website 
(https://www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine), which contains the most up-to-date information 
regarding ports. In each of these three paragraphs from which we are 
removing the lists of ports, we will note that changes to the list of 
approved ports will be announced through notices published in the 
Federal Register.
    Additionally, we will add this link to paragraph (e), which 
contains information about ports for horses to be quarantined at 
privately owned quarantine facilities, but does not currently include a 
list of these ports or information about where such a list may be 
found. We will also update the list of air and ocean ports in paragraph 
(a) to remove Los Angeles, California and Miami, Florida, as these 
ports no longer have APHIS-operated inspection and quarantine 
facilities for horses.
    One commenter stated they had concerns about the validity of the 
list of VEE-affected countries when some countries fail to report 
disease outbreaks to the WOAH. Four other commenters expressed concern 
about the reliability of all the lists of countries affected by 
regulated equine diseases that APHIS maintains.
    The WOAH is not the only source APHIS relies on to determine a 
country's disease status. As stated in Sec.  93.308(a)(1)(ii), APHIS 
will add a region to the list of VEE-affected regions based on reports 
we receive of outbreaks of the disease from veterinary officials of the 
exporting country, from WOAH, or from other sources the Administrator 
determines to be reliable. The same is true for lists of regions where 
screwworm, African horse sickness, and CEM are considered to exist.
    One commenter asked for further clarification on how APHIS deals 
with horses dead upon arrival, and asked us to add to the regulations 
that APHIS has the authority to require diagnostic testing for horses 
arriving in the same shipment as a dead horse to ensure that these 
horses were not exposed to an infectious, contagious condition.
    As clarified in the proposed rule, APHIS will refuse entry to 
horses that are found to be dead upon presentation at the port of 
entry. The commenter's concern about horses arriving in the same 
shipment as a dead horse is warranted, as these horses pose an 
increased risk of introducing animal disease into the United States. 
Diagnostic testing for these horses would not be feasible, as 
determining what additional testing and quarantine would be necessary 
to mitigate disease risk would require a necropsy of the dead horse, 
and dead horses are refused entry. To address the disease risk that the 
commenter raises, we will add the phrase ``and horses arriving in the 
same shipment as such horses'' after the phrase ``horses dead upon 
presentation'' in Sec.  93.306 to clarify that APHIS will refuse entry 
to such horses as well.
    Three commenters recommended that APHIS adopt the USAHA Committee 
on Equine's request to amend the quarantine requirements for horses 
from VEE-affected countries by requiring that all horses be isolated 3 
weeks prior to shipment, that horses vaccinated against VEE be 
vaccinated no less than 60 days prior to arrival at the import center, 
and that unvaccinated horses have negative results for VEE no less than 
14 days after the commencement of quarantine.
    We appreciate the suggestion and are working closely with 
stakeholders to discuss USAHA's requests.
    Four commenters asked that the written plan outlined in Sec.  
93.304(a)(1)(iii)(I) to handle sick and injured horses required of 
horses temporarily imported into the United States solely for 
noncompetitive public exhibition and entertainment purposes include 
biosecurity measures.
    The written plan referred to by the commenters is a part of the 
import permit application required of this class of horses. As such, 
APHIS evaluates the written plan before granting a permit, keeping 
biosecurity measures in mind while assessing the information provided 
regarding the accredited veterinarian and medical facility that will 
treat the horses should they become sick or injured while in the United 
States.

Miscellaneous

    In paragraph (a)(1) of Sec.  93.308, we proposed to clarify the 
regulations by adding that horses imported from regions where VEE 
exists must obtain an import permit in accordance with Sec.  93.304. In 
reviewing the proposed rule, we noticed that we had neglected to 
clarify regulations regarding horses

[[Page 63000]]

imported from regions where African horse sickness exists in the same 
manner. We are adding the sentence ``Each horse must be accompanied at 
the time of importation by an import permit in accordance with Sec.  
93.304.'' to paragraph (a)(2) of Sec.  93.308.
    In reviewing the proposed rule, we also noticed an outdated 
address. We are updating the address listed in Sec.  93.301(h)(7) to 
reflect that the name of the relevant Veterinary Services division has 
changed from ``Regionalization Evaluation Services'' to ``Live Animal 
Imports.''
    We are also making a minor nonsubstantive change by adding a 
correction to the section heading of Sec.  93.304. The section heading 
currently reads ``Import permits for horses from regions affected with 
CEM and for horse specimens for diagnostic purposes; reservation fees 
for space at quarantine facilities maintained by APHIS.'' As this 
section refers to import permits for all horses that require them, 
rather than only for horses from regions affected with CEM, we are 
removing the phrase ``from regions affected with CEM'' so that the 
heading more accurately reflects the information contained within the 
section.
    Finally, in our proposal, we proposed to amend Sec.  
93.314(a)(7)(i) to clarify that the requirement contained within it, 
that health certificates must state that horses have not been in any 
region affected with CEM during the 12 months immediately prior to 
export, does not apply to horses described in Sec.  93.301(f), which 
are horses from regions affected with CEM that are temporarily imported 
to the United States for competition or entertainment purposes. In 
reviewing the proposed rule, we noticed that we had neglected to 
clarify that this provision also does not apply to horses described in 
paragraph (d) of Sec.  93.301, which are Spanish Pure Breed horses from 
Spain and racing thoroughbred horses from France, Germany, the Republic 
of Ireland, Great Britain, and Northern Ireland and paragraph (e), 
which are stallions and mares over 731 days of age from CEM-affected 
regions. Like horses described in Sec.  93.301(f), these horses have 
special provisions outlined in the aforementioned paragraphs. To avoid 
confusion and align Sec.  93.314 with these provisions, we are amending 
the regulatory text to clarify that horses described in Sec.  93.301(d) 
and (e) are also excluded from the requirement in Sec.  
93.314(a)(7)(i).
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov website (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    APHIS is amending elements of its equine import regulations.
    First, APHIS will amend its regulations for temporary export of 
horses to CEM-affected regions. The changes will allow horses to spend 
up to 90 days in a CEM-affected region.
    The amendments will also allow APHIS to correct and clarify 
information in 9 CFR 93.308, 93.314, and 93.319. This includes updating 
the regulations to reflect current policies and affected regions. It 
also includes amending the description of health certification and 
permit requirements.

Executive Order 12988

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

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the reporting and recordkeeping 
requirements included in this final rule, which were filed under 0579-
0485, have been submitted for approval to the Office of Management and 
Budget (OMB). When OMB notifies us of its decision, if approval is 
denied, we will publish a document in the Federal Register providing 
notice of what action we plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the EGovernment Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Mr. Joseph Moxey, 
APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483.

List of Subjects in 9 CFR Part 93

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

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

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

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

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

0
2. Amend Sec.  93.300, in the definition of Recognized Slaughtering 
Establishment by revising footnote 2 to read as follows:


Sec.  93.300  Definitions.

* * * * *
    \2\ See footnote 1 of this section.

0
3. Amend Sec.  93.301 by:
0
a. Adding a heading to paragraphs (a) and (b);
0
b. In paragraph (a), redesignating footnote 3 as footnote 1;
0
c. In paragraph (b) introductory text, redesignating footnote 4 as 
footnote 2;
0
d. In paragraph (b)(1)(ii), redesignating footnote 5 as footnote 3, and 
revising newly redesignated footnote 3;
0
e. In paragraph (d)(1)(ii)(B) introductory text, redesignating footnote 
6 as footnote 4;
0
f. In paragraph (d)(3), removing the words ``paragraph (h)(6) or 
(h)(7)'' and adding the words ``paragraph (h)(7) or (8)'' in their 
place;
0
g. In paragraph (e)(2)(i), removing ``(h)(6)'' and adding ``(h)(7)'' in 
its place, and removing ``(h)(7)'' and adding ``(h)(8)'' in its place;
0
h. Redesignating paragraphs (e)(2)(ii) through (iv) as paragraphs 
(e)(2)(iii) through (v), respectively, and adding a new paragraph 
(e)(2)(ii);

[[Page 63001]]

0
i. In paragraph (e)(3)(i) introductory text, in the first sentence, 
adding the words ``by an accredited veterinarian'' after the words ``of 
the stallion'';
0
j. In paragraph (e)(3)(i)(A), by redesignating footnote 7 as footnote 
5;
0
k. In paragraph (e)(3)(i)(B), in the first sentence, adding the words 
``(for the purposes of this section, the day after the date of breeding 
is considered the first day after breeding)'' after the words 
``fourteenth day after breeding'';
0
l. Revising paragraph (e)(4)(i);
0
m. In paragraphs (e)(5)(ii) and (iii), redesignating footnotes 8 and 9 
as footnotes 6 and 7 respectively;
0
n. Revising paragraph (f)(5)(v);
0
o. In paragraph (f)(10)(i), removing the words ``paragraph (h)(6) or 
(h)(7)'' and adding the words ``paragraph (h)(7) or (8)'' in their 
place;
0
p. Revising paragraphs (g) introductory text and (g)(1)(iii);
0
q. In paragraph (g)(4), removing the words ``(a) through (c)'' and 
adding the words ``(g)(1) through (3)'' in their place;
0
r. Redesignating paragraphs (h)(4) through (7) as paragraphs (h)(5) 
through (8), respectively, and adding a new paragraph (h)(4);
0
s. Revising newly redesignated paragraphs (h)(7) and (8);
0
t. Removing paragraph (j); and
0
u. Revising the OMB citation at the end of the section.
    The revisions and additions read as follows:


Sec.  93.301  General prohibitions; exceptions.

    (a) General prohibitions. * * *
    (b) General exceptions. * * *
* * * * *
    (e) * * *
    (2) * * *
    (ii) Stallions and mares must be transported to the approved State 
in a sealed vehicle. The seal may be broken only by an APHIS 
representative or a State animal health official at the horse's 
destination. If an APHIS representative or State animal health official 
is unavailable to break the seal due to extenuating circumstances, the 
State animal health official may designate the authority to unseal to 
an accredited veterinarian and will assume the responsibility for 
oversight and recordkeeping.
* * * * *
    (4) * * *
    (i) Mares to be used to test stallions for CEM shall be permanently 
identified before the mares are used for such testing with the letter 
``T'' or other permanent identification approved by APHIS on a case-by-
case basis. The marking shall be permanently applied by an inspector, a 
State inspector, or an accredited veterinarian who shall use a hot 
iron, freezemarking, a lip tattoo, or other APHIS-approved method. If a 
hot iron or freezemarking is used, the marking shall not be less than 2 
inches (5.08 cm) high and shall be applied to the left shoulder or left 
side of the neck of the mare. If a lip tattoo is used, the marking 
shall not be less than 1 inch (2.54 cm) high and 0.75 inch (1.9 cm) 
wide and shall be applied to the inside surface of the upper lip of the 
test mare.
* * * * *
    (f) * * *
    (5) * * *
    (v) While in transit, the horse must be moved in either an aircraft 
or a sealed van or trailer. If the horse is moved in a sealed van or 
trailer, the seal may be broken only by an APHIS representative or 
State animal health official at the horse's destination, except in 
situations where the horse's life is in danger.
* * * * *
    (g) Special provisions for the importation of horses that have been 
temporarily exported to a CEM-affected region. If a horse originating 
from the United States has been temporarily exported for not more than 
90 days to a CEM-affected region listed under paragraph (c)(1) of this 
section and returns to the United States during that time, or if a 
horse originating from a non-CEM affected region has been temporarily 
exported for not more than 90 days to a CEM-affected region during the 
12 months preceding its proposed importation to the United States, the 
horse may be eligible for return, or for importation into the United 
States, without meeting the requirements of paragraphs (d) through (f) 
of this section, under the following conditions:
    (1) * * *
    (iii) That breeding of the horse, either live or artificial, has 
never been attempted, nor has the horse had any other sexual contact or 
genital examination while in such region; and
* * * * *
    (h) * * *
    (4) The State must agree to provide oversight during the test 
breeding of quarantined stallions.
* * * * *
    (7) A list of States approved by APHIS to receive stallions over 
731 days of age imported under paragraph (e) of this section is 
maintained on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Copies of the list will 
also be available via postal mail, fax, or email upon request to Live 
Animal Imports, Veterinary Services, Animal and Plant Health Inspection 
Service, 4700 River Road Unit 38, Riverdale, MD 20737.
    (8) A list of States approved by APHIS to receive mares over 731 
days of age imported under paragraph (e) of this section is maintained 
on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Copies of the list will also be 
available via postal mail, fax, or email upon request to Live Animal 
Imports, Veterinary Services, Animal and Plant Health Inspection 
Service, 4700 River Road Unit 38, Riverdale, MD 20737.
* * * * *
    \3\ See footnote 2 of this section.
    (Approved by the Office of Management and Budget under control 
numbers 0579-0040, 0579-0165, 0579-0324, and 0579-0485)


0
4. Amend Sec.  93.302 by:
0
a. Redesignating paragraphs (a) through (d) as paragraphs (b) through 
(e), respectively, and adding a new paragraph (a); and
0
b. Adding a heading to newly redesignated paragraph (e).
    The additions read as follows:


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

    (a) Shipping container requirements. Shipping containers used to 
transport live equine(s) to the United States must meet the following 
requirements:
    (1) Containers must be new or cleaned and disinfected in a manner 
that sufficiently reduces the risk of introduction or dissemination of 
any pests or diseases of livestock into the United States.
    (2) Containers must be of sufficient size and construction to 
reasonably assure that live equine(s) are transported safely.
    (3) Stocking density of live equine(s) must not be to an extent 
that impinges on the animals' safety during transportation.
    (4) Guidance on how to meet these requirements may be found in the 
Live Animals Regulations (LAR), as amended, published by the 
International Air Transport Association (IATA) or the Terrestrial 
Animal Health Code published by the World Organization for Animal 
Health (WOAH). The Administrator may also approve alternative guidance 
than that described in the LAR or the Terrestrial Animal Health Code.
* * * * *
    (e) Shipping container. * * *

0
5. Amend Sec.  93.303 by:
0
a. In paragraph (a), removing the words ``these stations'' and adding 
in

[[Page 63002]]

their place the words ``the following station(s)'', and removing the 
words ``Los Angeles, California; Miami, Florida; and'';
0
b. Revising paragraphs (b), (c), and (d); and
0
c. In paragraph (e), adding a sentence after the last sentence and 
redesignating footnote 10 as footnote 1.
    The revisions and addition read as follows:


Sec.  93.303  Ports designated for the importation of horses.

* * * * *
    (b) Canadian border ports. Land border ports designated for the 
entry of horses from Canada may be found on the APHIS website at 
www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Changes to the list of approved ports will be announced 
through notices published in the Federal Register.
    (c) Mexican border ports. Land border ports designated for the 
entry of horses from Mexico may be found on the APHIS website at 
www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Changes to the list of approved ports will be announced 
through notices published in the Federal Register.
    (d) Limited ports. Certain ports are designated as having 
inspection facilities for the entry of horses and horse products such 
as horse test specimens which do not appear to require restraint and 
holding inspection facilities. These ports may be found on the APHIS 
website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine. Changes to the list of approved ports will be 
announced through notices published in the Federal Register.
    (e) * * * These ports may be found on the APHIS website at 
www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine.
* * * * *

0
6. Amend Sec.  93.304 by:
0
a. Revising the section heading;
0
b. In paragraph (a)(1)(i), in the first sentence, adding the words ``or 
transiting'' after the words ``For horses from'', adding the words 
``Federal quarantine or'' after the words ``quarantine at a'', and 
removing the text ``except as otherwise provided for in Sec. Sec.  
93.315, 93.319, and 93.321,'', and in the next to last sentence, adding 
the words ``, or other attestation regarding the health of the 
animals'' after the word ``subjected''; and
0
c. Revising the OMB citation at the end of the section.
    The revisions read as follows:


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

* * * * *
    (Approved by the Office of Management and Budget under control 
numbers 0579-0040, 0579-0324, and 0579-0485)


Sec.  93.306  [Amended]

0
7. Amend Sec.  93.306 by adding the words ``, to include horses dead 
upon presentation and horses arriving in the same shipment as such 
horses,'' after the words ``all other horses'' in the second sentence.


0
8. Revise Sec.  93.307 to read as follows:


Sec.  93.307  Articles accompanying horses.

    No litter or manure, fodder or other aliment, nor any equipment 
such as boxes, buckets, ropes, chains, blankets, or other things used 
for or about horses governed under any law or regulation administered 
by the Secretary of Agriculture for prevention of the introduction or 
dissemination of any pests or diseases of livestock, shall be landed 
from any conveyance except under such restrictions as the inspector in 
charge at the port of entry shall direct.


0
9. Amend Sec.  93.308 by:
0
a. Revising paragraphs (a)(1) and (a)(2) introductory text;
0
b. Redesignating paragraphs (a)(3) and (4) as paragraphs (a)(4) and 
(5), respectively, and adding a new paragraph (a)(3);
0
c. In newly redesignated paragraph (a)(4), redesignating footnote 11 as 
footnote 1 and revising newly redesignated footnote 1;
0
d. In paragraph (b) introductory text, adding the words ``, except 
horses originating from regions in which Venezuelan equine 
encephalomyelitis or screwworm is declared to exist,'' after the 
citation ``Sec.  93.303(e)'';
0
e. In paragraph (b)(2)(i), redesignating footnote 12 as footnote 2;
0
f. In paragraph (c)(1)(iv)(B), redesignating footnote 13 as footnote 3;
0
g. In paragraph (c)(4)(v)(B), removing ``(a)(4)'' and adding ``(a)(5)'' 
in its place; and
0
h. Revising the OMB citation at the end of the section.
    The revisions and addition read as follows:


Sec.  93.308  Quarantine requirements.

    (a) * * *
    (1) Except as provided in Sec. Sec.  93.317 (horses from Canada) 
and 93.324 (horses from Mexico), horses intended for importation from 
regions that APHIS considers to be affected with Venezuelan equine 
encephalomyelitis shall be quarantined at a port designated in Sec.  
93.303 to be evaluated for signs of Venezuelan equine 
encephalomyelitis. Each horse must be accompanied at the time of 
importation by an import permit in accordance with Sec.  93.304.
    (i) A list of regions that APHIS considers affected with Venezuelan 
equine encephalomyelitis is maintained on the APHIS website at 
www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of 
the list can be obtained via postal mail or email upon request to 
Regionalization Evaluation Services, Strategy and Policy, Veterinary 
Services, Animal and Plant Health Inspection Service, 4700 River Road 
Unit 38, Riverdale, Maryland 20737; [email protected].
    (ii) APHIS will add a region to the list upon determining that the 
disease exists in the region based on reports APHIS receives of 
outbreaks of the disease from veterinary officials of the exporting 
country, from the World Organization for Animal Health (WOAH), or from 
other sources the Administrator determines to be reliable. APHIS will 
remove a region from the list after conducting an evaluation of the 
region in accordance with Sec.  92.2 of this subchapter and finding 
that the disease is not present in the region. In the case of a region 
formerly not on this list that is added due to an outbreak, the region 
may be removed from the list in accordance with the procedures for 
reestablishment of a region's disease-free status in Sec.  92.4 of this 
subchapter.
    (2) Horses intended for importation from regions APHIS considers to 
be affected with African horse sickness may enter the United States 
only at the port of New York, and must be quarantined at the New York 
Animal Import Center in Newburgh, New York, for at least 60 days. This 
restriction also applies to horses that have stopped in or transited a 
region considered affected with African horse sickness. Each horse must 
be accompanied at the time of importation by an import permit in 
accordance with Sec.  93.304.
* * * * *
    (3) Horses from regions where APHIS considers screwworm to exist 
may be imported into the United States only if they meet the 
requirements in paragraphs (a)(3)(i) through (vii) of this section, 
obtain an import permit in accordance with Sec.  93.304, and meet all

[[Page 63003]]

other applicable requirements of this part. A list of regions where 
screwworm is considered to exist is maintained on the APHIS website at 
www.aphis.usda.gov/animalhealth/disease-status-of-regions. Copies of 
the list will also be available via postal mail, fax, or email upon 
request to the Regionalization Evaluation Services, Strategy and 
Policy, Veterinary Services, Animal and Plant Health Inspection 
Service, 4700 River Road Unit 38, Riverdale, MD 20737; 
[email protected]. APHIS will add a region to the list upon 
determining that screwworm exists in the region based on reports APHIS 
receives of detections of the pest from veterinary officials of the 
exporting country, from WOAH, or from other sources the Administrator 
determines to be reliable. APHIS will remove a region from the list 
after conducting an evaluation of the region in accordance with Sec.  
92.2 of this subchapter and finding that screwworm is not present in 
the region. In the case of a region formerly not on this list that is 
added due to a detection, the region may be removed from the list in 
accordance with the procedures for reestablishment of a region's 
disease-free status in Sec.  92.4 of this subchapter.
    (i) A veterinarian must treat horses with ivermectin 3 to 5 days 
prior to the date of export to the United States according to the 
recommended dose prescribed on the product's label.
    (ii) Horses must be examined for screwworm by a full-time salaried 
veterinary official of the exporting country within 24 hours prior to 
shipment to the United States. The official must fully examine the 
horses, including their external genitalia. If horses are found to be 
infested with screwworm, they must be treated until free from 
infestation.
    (iii) At the time horses are loaded onto a means of conveyance for 
export, a veterinarian must treat any visible wounds on the animals 
with a solution of coumaphos dust at a concentration of 5 percent 
active ingredient.
    (iv) Horses must be accompanied to the United States by a 
certificate signed by a full-time salaried veterinary official of the 
exporting country. The certificate must state that the horses, 
including their external genitalia, have been thoroughly examined and 
found free of screwworm and that the horses have been treated in 
accordance with paragraphs (a)(3)(i) and (iii) of this section.
    (v) Horses must be quarantined upon arrival in the United States at 
a port designated in Sec.  93.303 for at least 7 days.
    (vi) Horses must be examined for screwworm by a veterinarian within 
24 hours after arrival at a port designated in Sec.  93.303. The 
examining veterinarian must examine horses, including their external 
genitalia, to determine whether the horse is infested with screwworm.
    (vii) Horses must be held at the animal import center for a minimum 
of 7 days. On day 7, prior to the horses' release, the horses must be 
examined by a veterinarian at the expense of the owner or broker. For 
this examination, male horses must be tranquilized or sedated so that 
the external genitalia of the horses can be thoroughly examined. If 
screwworm is found during this examination, the horses must be held in 
quarantine and treated until free of infestation.
* * * * *
    \1\ Protocols for testing equines in import quarantine are 
available on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine/guidelines-docs-related-to-importing-equine.
    (Approved by the Office of Management and Budget under control 
numbers 0579-0313 and 0579-0485)


0
10. Amend Sec.  93.314 by:
0
a. Revising paragraphs (a) introductory text and (a)(1);
0
b. Redesignating paragraphs (a)(4) and (5) as paragraphs (a)(6) and 
(7), respectively, and adding new paragraphs (a)(4) and (5);
0
c. Revising newly redesignated paragraph (a)(7)(i);
0
d. Adding paragraph (d); and
0
e. Adding an OMB citation at the end of the section.
    The revisions and additions read as follows:


Sec.  93.314  Horses, certification, and accompanying equipment.

    (a) Horses offered for importation from any part of the world shall 
be accompanied by an original certificate endorsed by a salaried 
veterinary officer of the national government of the region of origin, 
or if exported from Mexico, shall be accompanied either by such a 
certificate or by a certificate issued by a veterinarian accredited by 
the National Government of Mexico and endorsed by a full-time salaried 
veterinary officer of the National Government of Mexico, thereby 
representing that the veterinarian issuing the certificate was 
authorized to do so. The certificate shall specify the name and address 
of the importer; the species, breed, number or quantity of horses or 
horse test specimens to be imported; the purpose of the importation; 
individual horse identification which requires a description of the 
horse, name, age, markings and, when present, registration number, 
tattoo, microchip, eartag, brand, if any; the region and premises of 
origin; the name and address of the exporter; and the destination 
address for release into the United States; and shows that:
    (1) The horses described in the certificate have been in said 
region during the 60 days preceding exportation, or, for horses 
described in Sec.  93.301(g), for the duration of their temporary 
exportation to each CEM-affected region;
* * * * *
    (4) The horse, if applicable, has not been gelded during the 14 
days preceding exportation;
    (5) The horse will be accompanied by documentation of pre-export 
examination occurring within 48 hours of departure from the port of 
embarkation endorsed by a salaried veterinary medical officer;
* * * * *
    (7) * * *
    (i) The horses, except horses described in Sec.  93.301(d), (e), 
and (f), have not been in any region listed in accordance with Sec.  
93.301(c)(1) on the APHIS website as affected with CEM during the 12 
months immediately prior to their importation into the United States;
* * * * *
    (d) For purposes of this section, the term ``original'' means 
documentation is prepared and issued directly from the national 
government of the region of origin or annotated by the national 
government of the region of origin to indicate how the documentation 
may be verified. Any declaration, permit, or other required document 
for horses may be issued and presented using a United States Government 
electronic information exchange system or other method authorized by 
APHIS.

    (Approved by the Office of Management and Budget under control 
number 0579-0485)

Subpart C--[Amended]

0
11. In each undesignated center heading in subpart C listed in the 
first column, redesignate the footnote number in the second column as 
the footnote number in the third column:

[[Page 63004]]



----------------------------------------------------------------------------------------------------------------
                 Undesignated center heading in subpart C                      Old footnote       New footnote
----------------------------------------------------------------------------------------------------------------
Canada....................................................................                 16                  1
Central America and West Indies...........................................                 17                  1
Mexico....................................................................                 18                  1
----------------------------------------------------------------------------------------------------------------


0
12. Amend Sec.  93.317 by:
0
a. Revising paragraph (a); and
0
b. Redesignating paragraph (c) as paragraph (d) and adding a new 
paragraph (c).
    The revision and addition read as follows:


Sec.  93.317  Horses from Canada.

    (a) Except as provided in paragraph (d) of this section, horses 
from Canada shall be inspected as provided in Sec.  93.306 and 
accompanied by a certificate as required by Sec.  93.314, which shall 
include evidence of a negative test for equine infectious anemia for 
which blood samples were drawn during the 180 days preceding 
exportation to the United States and which test was conducted in a 
laboratory approved by the Canada Department of Agriculture or the 
United States Department of Agriculture. Horses accompanying their 
dams, which were foaled after their dam was so tested negative, need 
not be so tested and shall otherwise be handled as provided in Sec.  
93.314. Certificates required for horses from Canada must be issued and 
endorsed by a salaried veterinarian of the Canadian Government. USDA 
veterinary port inspection is not required for horses imported from 
Canada under temporary Customs authorization for a period of 30 days 
from the date of issue of the certificate and the certificate issued is 
valid for an unlimited number of importations into the United States 
during the 30-day period.
* * * * *
    (c) Any horse imported into the United States from Canada through 
air or ocean ports of entry must obtain an import permit under Sec.  
93.304 and shall otherwise be handled as provided in Sec. Sec.  93.305 
and 93.314.
* * * * *

0
13. Revise Sec.  93.319 to read as follows:


Sec.  93.319  Import permit and declaration for horses.

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

    (Approved by the Office of Management and Budget under control 
number 0579-0485)


Sec.  93.320  [Amended]

0
14. Amend Sec.  93.320 by adding the words ``or transiting through'' 
after the word ``from'' in the section heading and the first sentence.

0
15. Amend Sec.  93.321 by adding a sentence after the last sentence and 
an OMB citation at the end of the section to read as follows:


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

    * * * Horses quarantined at a U.S. facility designated in Sec.  
93.303 must obtain an import permit under Sec.  93.304.

    (Approved by the Office of Management and Budget under control 
number 0579-0485)


0
16. Amend Sec.  93.324 by redesignating footnote 19 as footnote 1 and 
revising it to read as follows:


Sec.  93.324  Detention for quarantine.

* * * * *
    \1\ Protocols for testing equines in import quarantine are 
available on the APHIS website at www.aphis.usda.gov/aphis/ourfocus/importexport/animal-import-and-export/equine/guidelines-docs-related-to-importing-equine.

     Done in Washington, DC, this 8th day of September 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-19864 Filed 9-13-23; 8:45 am]
BILLING CODE 3410-34-P