Horses Imported Into the United States

SUMMARY: We are proposing to amend the horse importation regulations to

clarify the information required on the application for a permit to

import horses into the United States and to clarify health certificate

requirements for imported horses that transit another country en route

to the United States. We believe that these proposed actions are

necessary to ensure that importers of horses provide adequate and

accurate information on import permit applications and to ensure that

horses are properly handled from the time the horses leave their farm

of origin until the horses arrive in the United States. These proposed

amendments appear necessary to ensure the continued protection of the

health of horses in the United States.

DATES: Consideration will be given only to comments received on or

before July 9, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 95-053-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-053-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling, Staff Veterinarian,

Import/Export Animals, National Center for Import and Export, VS,

APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-

8170.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 (referred to below as ``the

regulations'') govern the importation into the United States of

specified animals, including horses, to prevent the introduction of

various animal diseases into the United States.

Under Sec. 92.304, importers must apply for a permit to import

horses into the United States. The regulations state that importers

must provide certain information, including the route of travel, for

horses being imported into the United States, and the required

information must appear on the application for an import permit.

Under Sec. 92.314, horses imported into the United States must be

accompanied by a health certificate completed by a salaried veterinary

officer of the national government of the country of origin indicating

the horses' freedom from communicable diseases such as contagious

equine metritis and African horse-sickness. Additionally, Sec. 92.314

requires that ``a horse presented for importation from a country where

it has been for less than 60 days shall be accompanied by a like

certificate similarly issued by a salaried veterinary officer of the

national government of each country in which the horse has been during

the 60 days immediately preceding shipment from the last country from

which it is shipped to the United States.''

We are proposing to amend the regulations by adding definitions of

the terms ``country of origin'' and ``country of transit'' and by

adding an explanation of the words ``route of travel.''

We propose to define ``country of origin'' as the ``country in

which the horse was born, was raised, and remained until shipment to

the United States, or the country into which the horse was legally

imported and has remained for a period of not less than 60 days prior

to shipment to the United States.'' In cases of horses legally imported

into their country of origin, we have determined that a 60-day

residency requirement would maintain consistency with other

requirements in the regulations. We would define ``country of origin''

in the regulations because, in the past, there has been some confusion

on the part of importers concerning the meaning of the term ``country

of origin,'' especially when a horse is moved to another country for

shipment to the United States. In limited cases, the country from which

the horse was directly shipped to the United States was mistakenly

identified as the country of origin on the horse's import permit. We

also propose to define ``country of transit'' as a ``country through

which a horse travels en route from the country of origin to the United

States.'' A complete list of the countries of transit should appear in

the ``route of travel'' section of the import permit application, but,

on occasion, importers have mistakenly omitted countries through which

a shipment of horses traveled en route to the United States.

In addition, we propose to specify that ``route of travel'' must

include a list of all of the countries that the horse will transit en

route to the United States, all of the modes of transportation that

will be used to move the horse from the country of origin to the port

of entry in the United States, and all of the locations where the horse

will be offloaded prior to arrival at the U.S. port of entry. In the

past, in addition to neglecting to list all of the countries of

transit, some importers have mistakenly omitted information on the

modes of transportation used to transport a shipment of horses and

locations where the shipment of horses will be offloaded. Because

different countries have different disease statuses, and the risk of

the horses' exposure to disease increases when shipped by ground

transportation and when offloaded at some locations within countries of

transit, a complete assessment of the import risk associated with a

particular shipment of horses is only possible when all of the

essential information is available on the import permit application.

We believe that by defining the terms ``country of origin'' and

``country of transit'' and by clarifying the words ``route of travel,''

importers would know exactly what information needs to be provided on

the application for an import permit. This action would improve

compliance with the regulations and continue to ensure that

[[Page 21390]]

horses intended for importation into the United States do not pose a

disease risk to the domestic horse population.

We are also proposing to clarify the regulations concerning

locations for offloading. Currently, the regulations do not specify

appropriate locations where horses may be offloaded in countries of

transit. We are proposing to require that if, during shipment to the

United States, a horse is offloaded in a country of transit, then that

horse must be offloaded in a facility that is capable of being cleaned

and disinfected and that is approved by the country of transit's

Ministry of Agriculture for the offloading of in-transit horses. We are

also proposing to specify that while the horse is offloaded in the

facility, the horse must be kept separate from all other horses. This

action would reduce the risk that horses intended for importation into

the United States would come into contact with other horses of unknown

disease status en route to the United States.

Additionally, we are proposing to clarify the requirements

concerning health certificates from countries of transit. We propose to

amend Sec. 92.314 to ensure that the regulations clearly state that if,

during shipment to the United States, a horse is offloaded in a country

of transit, then that horse must undergo a veterinary inspection and

obtain a health certificate from a salaried veterinary officer of the

national government of the country of transit in which the horse is

offloaded. If a horse is offloaded in more than one country of transit,

then that horse would be required to undergo a veterinary inspection

and obtain a health certificate from a salaried veterinary officer of

the national government in every country of transit in which the horse

is offloaded. This clarification of the requirements would ensure that

any communicable diseases in horses intended for importation into the

United States are diagnosed as early as possible and that appropriate

action is taken to prevent those diseases from being carried into the

United States.

We propose that, after performing the veterinary inspection, the

veterinary officer of a country of transit must complete a form that

describes the horse being shipped, certifies that a health inspection

has been performed on that horse, and assures that the horse is free

from evidence of communicable diseases. We are proposing that the

certification read, ``The animals described on this form have been

given a careful veterinary inspection and found to be free from

evidence of communicable disease and, in my opinion, are fit to

travel.'' The veterinarian would sign this certificate to attest to the

fact that the horse has been inspected, determined to be free of

evidence of communicable diseases, and judged to be in a condition that

would indicate that the animal would be in the same health upon arrival

at its destination in the United States as when inspected in the

country of transit. This inspection and certification would ensure that

horses imported into the United States present a minimal disease risk

to the U.S. horse population.

In addition, we propose to specify that the veterinary inspection

must be performed in the country of transit no earlier than 24 hours

before the horse is reloaded on a transport vehicle for shipment to the

United States. We are proposing a 24-hour time limit in order to

provide flexibility in the timing of the veterinary inspection while

ensuring that the inspection takes place as close to the time of the

horse's departure from a country of transit as possible.

If a horse intended for importation into the United States travels

through any countries other than its country of origin and the United

States but is not offloaded in a country of transit, we propose that

the owner of the horse, or the owner's representative, must sign a

certification statement prior to the horse's shipment from the country

of origin that certifies that the horse will be shipped directly to the

United States. We are proposing that the certification read, ``The

horse will be sent directly from the premises of origin to the premises

of destination without coming into contact with other equine animals

not accompanied by an official health certificate, in vehicles cleaned

and disinfected in advance with a disinfectant officially recognized in

the country of origin.'' This statement would have to be presented upon

the horse's arrival in the United States. If, however, for reasons

beyond the importer's or shipper's control, the horse experiences an

unscheduled offloading in a country of transit, then the horse would

have to undergo a veterinary inspection and obtain a health certificate

from a salaried veterinary officer of the national government of the

country of transit.

Miscellaneous

We are proposing to make other minor, nonsubstantive changes to

Sec. 92.304, such as correcting punctuation. Additionally, we are

proposing to amend Secs. 92.304 and 92.314 by adding a reference to the

end of each section for the Office of Management and Budget control

number assigned to approved information collection and recordkeeping

requirements.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for the purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

We are proposing to clarify the information required on the

application for a permit to import horses into the United States and to

clarify health certificate requirements for imported horses that

transit another country en route to the United States.

As this proposal simply clarifies the regulations and as most

horses arrive in the United States with proper documentation, we do not

expect a significant number of importers to be affected by this action.

For importers not currently in compliance with the regulations, any

cost incurred in complying with the regulations should be offset by the

costs currently incurred by importers when a shipment of horses arrives

in the United States without proper documentation. Currently, when a

horse arrives in the United States without proper documentation, that

horse remains in quarantine until the proper documents are produced, or

the horse is refused entry if the proper documents are not produced.

Therefore, the importer incurs additional user fee costs while the

horse is held in quarantine, or the importer incurs the cost of

shipping the horse back to the country of origin. Therefore, we have

determined that the effect on any U.S. entities, large or small, would

be insignificant.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

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

[[Page 21391]]

collection or recordkeeping requirements included in this proposed rule

have been submitted for approval to the Office of Management and Budget

(OMB). Please send written comments to the Office of Information and

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,

DC 20503. Please state that your comments refer to Docket No. 95-053-1.

Please send a copy of your comments to: (1) Docket No. 95-053-1,

Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,

OIRM, 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.

This proposed rule would require that, upon arrival in the United

States, horses travelling through countries of transit en route to the

United States be accompanied by either a certification signed by the

horses' owner verifying that the horses were not offloaded in any

countries of transit or a certification signed by a veterinary officer

of the country of transit in which the horses were offloaded that

attests to the horses' freedom from evidence of communicable disease

when the horse was offloaded and a veterinary inspection was performed

in the country of transit. This proposed rule would therefore introduce

two new information collection requirements that would enable us to

ensure that horses destined for the United States are healthy when they

leave their country of origin, remain healthy during their journey, and

pose a minimal health risk to the U.S. horse population upon arriving

in the United States. We are soliciting comments from the public (as

well as affected agencies) concerning our proposed information

collection. We need this outside input to help us:

(1) Evaluate whether the proposed information collection is

necessary for the proper performance of our agency's functions,

including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

proposed information collection, including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to

be collected; and

(4) Minimize the burden of the information collection on those who

are to respond (such as through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average 5 minutes per response.

Respondents: Veterinarians and horse owners.

Estimated number of respondents: 250.

Estimated number of responses per respondent: 1.

Estimated Total Annual Burden on Respondents: 21 hours.

Copies of this information collection can be obtained from the

Department of Agriculture, Clearance Officer, OIRM, Ag. Box 7630,

Washington, DC 20250.

List of Subjects in 9 CFR Part 92

Animal disease, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 92 would be amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN

ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR

CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

1. The authority citation for part 92 would continue to read as

follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.22,

2.80, and 371.2(d).

2. Section 92.300 would be amended by adding definitions for

Country of origin and Country of transit, in alphabetical order, to

read as follows:

Sec. 92.300 Definitions.

* * * * *

Country of origin. The country in which a horse was born, was

raised, and remained until importation to the United States, or the

country into which the horse was legally imported and remained for a

period of not less than 60 days prior to shipment to the United States.

Country of transit. A country through which a horse travels en

route from the country of origin to the United States.

* * * * *

3. Section 92.304 would be amended as follows:

a. In paragraph (a)(1)(i), by revising the second sentence to read

as set forth below.

b. At the end of the section, by adding the following: ``(Approved

by the Office of Management and Budget under control number 0579-

0040)''.

Sec. 92.304 Import permits for horses from countries affected with

CEM, and for horse specimens for diagnostic purposes; 12 and

reservation fees for space at quarantine facilities maintained by

APHIS.

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

\12\ See footnote 7 to subpart C.

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

(a) * * *

(1)(i) * * * The application must 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 includes a description of the

horse, name, age, markings, if any, registration number, if any, and

tattoo or eartag; the country of origin; the name and address of the

exporter; the port of embarkation in the foreign country; the route of

travel from the country of origin to the United States, including the

country of origin, all countries of transit, all modes of

transportation, all locations, if any, where the horses will be

offloaded, and the port of entry in the United States; the proposed

date of arrival of the horses or horse test specimens to be imported;

and the name of the person to whom the horses or horse test specimens

will be delivered and the location of the place in the United States to

which delivery will be made from the port of entry. * * *

* * * * *

4. Section 92.314 would be amended as follows:

a. By designating the existing text as paragraph (a) and by adding

a paragraph heading to read ``General requirements.''

b. In newly designated paragraph (a), the proviso beginning with

``And provided, further'' and the text following it is removed and new

text is added in its place to read as set forth below.

c. By adding a new paragraph (b) to read as set forth below.

d. At the end of the section, by adding an OMB control number to

read as set forth below.

Sec. 92.314 Horses, certification, and accompanying equipment.

(a) * * * And provided, further, That upon inspecting horses at the

port of entry and before permitting them to leave the port of entry,

the inspector may require their disinfection and the disinfection of

their accompanying equipment as a precautionary measure against the

introduction of foot-and-mouth disease or any other disease dangerous

to the livestock of the United States.

[[Page 21392]]

(b) Special requirements for horses traveling through countries of

transit. In addition to meeting all of the applicable requirements of

this subpart, horses shipped to the United States through a country or

countries of transit must meet the following conditions:

(1) If a horse intended for importation into the United States will

travel through a country or countries of transit but will not be

offloaded in the country or countries of transit, then, prior to the

horse's shipment from the country of origin, the owner of the horse, or

the owner's representative, must certify that the horse will be shipped

directly to the United States. The certification must read as follows:

``The horse will be sent directly from the premises of origin to the

premises of destination without coming into contact with other equine

animals not accompanied by an official health certificate, in vehicles

cleaned and disinfected in advance with a disinfectant officially

recognized in the country of origin.'' This certification must be

signed by the owner of the horse or the owner's representative, and the

signed certification must be presented to an inspector at the port of

entry in the United States. If, after the certification is signed, an

unscheduled offloading of a shipment of horses occurs in a country of

transit, then the horses must meet all of the requirements of

paragraphs (b)(2) and (b)(3) of this section.

(2) If a horse intended for importation into the United States will

travel through a country or countries of transit and will be offloaded

in the country or countries of transit, then the horse must be

offloaded in a facility that is capable of being cleaned and

disinfected and that is approved by the country of transit's Ministry

of Agriculture for the offloading of in-transit horses. Within the

facility, the horse must be kept separate from all other horses. All

horses offloaded in a country or countries of transit must undergo a

veterinary inspection and receive a health certificate from a salaried

veterinary officer of the national government of each country of

transit in which the horse is offloaded. The veterinary inspection must

be performed no earlier than 24 hours before the horse is reloaded on a

transport vehicle for shipment. If, after performing the inspection,

the salaried veterinary officer of the national government of the

country of transit finds the horse intended for importation into the

United States to be free of evidence of communicable diseases and fit

to travel, the veterinary officer must complete the form shown in

paragraph (b)(3) of this section.

(3) A completed certificate of inspection, as shown below, must

accompany any horse offloaded in a country of transit to the U.S. port

of arrival and be produced for the inspector at the port of arrival

upon the horse's arrival in the United States.

Certification of Inspection of Import Animals

1. Permit No.----------------------------------------------------------

2. Consignor's Name (Last name, first name, middle initial or business

name)------------------------------------------------------------------

3. Consignor's Street Address (Mailing address)------------------------

4. Consignor's City/Town-----------------------------------------------

5. Consignor's Country-------------------------------------------------

6. Consignee's Name (Last name, first name, middle initial or business

name)------------------------------------------------------------------

7. Consignee's City/Town-----------------------------------------------

8. Consignor's State---------------------------------------------------

9. Species of Animals Certified for Import-----------------------------

10. Country of Origin--------------------------------------------------

11. Breed of Animals Certified for Import------------------------------

12. Number of Animals Inspected----------------------------------------

13. Country of Transit/City in Which Inspection Occurred---------------

14. Date of Arrival in and Date of Departure from Country of Transit---

15. Name of Veterinarian Performing Inspection in Country of Transit---

The animals described on this form have been given a careful

veterinary inspection and found to be free from evidence of

communicable disease and, in my opinion, fit to travel.

16. Signature of Veterinarian Performing Inspection in Country of

Transit----------------------------------------------------------------

17. Date Issued--------------------------------------------------------

18. Seal---------------------------------------------------------------

19. Remarks------------------------------------------------------------

(Approved by the Office of Management and Budget under control

number 0579-0040)

Done in Washington, DC, this 3rd day of May 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-11635 Filed 5-9-96; 8:45 am]

BILLING CODE 3410-34-P