Importation of Horses From CEM Countries

SUMMARY: We are proposing to amend the regulations regarding the

importation of horses from countries affected with contagious equine

metritis to incorporate new testing and treatment protocols for mares

and stallions, provide for the use of accredited veterinarians to

monitor horses temporarily imported into the United States for

competition purposes, incorporate a new testing protocol for

thoroughbred horses in training in their country of origin, and remove

the requirements for endometrial cultures and clitoral sinusectomies in

mares. These proposed changes are intended to update, clarify, and

streamline the existing regulations. The proposed changes would

simplify the requirements for importing horses from countries affected

with contagious equine metritis without increasing the risk of the

disease being introduced into or disseminated within the United States.

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

before August 5, 1996.

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

Docket No. 95-054-1, 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. 95-054-1. 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-

6479; or E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

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

regulations) prohibit or restrict the importation of certain animals

into the United States to prevent the introduction of communicable

diseases of livestock and poultry. Subpart C--Horses, Secs. 92.300

through 92.326 of the regulations, pertains to the importation of

horses into the United States. Sections 92.301 and 92.304 of the

regulations contain specific provisions for the importation and post-

entry handling of horses from countries affected with contagious equine

metritis (CEM), a highly contagious bacterial venereal disease.

Currently, the regulations in Sec. 92.301(c)(1) identify countries

where CEM exists and countries that trade horses freely with countries

where CEM exists without testing for CEM and prohibit, with certain

exceptions, the importation of horses into the United States from those

countries (hereafter referred to as CEM-affected countries). The

specific conditions under which certain horses may be imported into the

United States from CEM-affected countries are set forth in

Sec. 92.301(c)(2). The regulations in Sec. 92.304 (a)(4) through

(a)(12) provide for the approval of States to receive stallions and

mares from CEM-affected countries, list the States that have received

such approval from the Administrator of the Animal and Plant Health

Inspection Service (APHIS), and provide for the approval of

laboratories to conduct CEM cultures and tests.

We have determined that our CEM regulations can be changed to make

horse importations easier without increasing the risk of introducing

CEM into the United States. Therefore, we are proposing to amend the

regulations by:

Reorganizing the CEM regulations to eliminate duplication

and to make their provisions easier to find and use;

Removing the requirements for clitoral sinusectomies and

endometrial cultures in female horses and establishing new protocols

for the collection of specimens for culturing;

Incorporating new testing and treatment protocols for

stallions and test mares;

Incorporating a new testing protocol for thoroughbred

horses in training in their country of origin; and

Providing for the use of accredited veterinarians to

monitor horses from CEM-affected countries that are temporarily in the

United States for competition purposes.

These proposed changes, along with several more minor proposed

changes, are discussed in greater detail below.

Reorganization of Provisions

We are proposing to reorganize Sec. 92.301(c) and Sec. 92.304

(a)(4) through (a)(12) to eliminate duplication and make the provisions

directly related to CEM easier to find and use. The proposed new

structure would be as follows:

The prohibition on the importation of horses from CEM-affected

countries and the list of countries affected with CEM would remain in

Sec. 92.301(c)(1). The exceptions to that prohibition would remain in

Sec. 92.301(c)(2), but only as categories of horses that may be

imported into the United States from countries affected with CEM under

certain conditions; we are proposing to set out the specific conditions

applicable to importation of horses from each category in new

paragraphs Sec. 92.301 (d), (e), (f), and (g). In this way, rather than

having the categories and conditions spread across many pages of

regulatory text as is currently the case, the reader would be presented

with a single list of all the categories of eligible horses, and then

directed to a specific paragraph to find the conditions that apply to

the importation of a particular category of horses.

The conditions that apply to the importation of horses in one of

the categories that would be listed in Sec. 92.301(c)(2) are brief and

require little elaboration. Specifically, current Sec. 92.301(c)(2)(ii)

provides for the importation of geldings, weanlings, or yearlings whose

age is certified on the import health certificate prescribed in

[[Page 28074]]

Sec. 92.314. In short, the category defines the conditions, so there is

no need to list the conditions in a separate paragraph. We are

proposing, however, to make geldings a separate category, distinct from

weanlings and yearlings, because the age certification required for

weanlings and yearlings is not necessary for geldings.

With regard to weanlings and yearlings, we are also proposing to

amend the definition in Sec. 92.300 of the term weanling or yearling,

which is currently defined as ``any horse, weaned from its dam, which

was foaled not more than 731 days prior to its offer for entry into the

United States.'' There have been instances in which an individual

certified that a horse being offered for entry was younger than 731

days of age, but the horse, upon examination by APHIS, was found to

have erupted first permanent incisors. Those teeth are not expected to

erupt until a horse has reached 2\1/2\ years of age, and subsequent

investigation disclosed that the horse was indeed older than 731 days

of age and had been fraudulently certified. We are, therefore,

proposing to include the eruption of the first permanent incisors in

the definition of weanling or yearling as a benchmark; specifically, a

sentence would be added to the definition to make it clear that if a

horse's first permanent incisors have erupted, the horse will not be

considered to be a weanling or yearling.

We are also proposing to add a new category of exceptions in

Sec. 92.301(c)(2) for wild (non-domesticated) species of equidae, such

as zebras and wild asses. These animals would be allowed to be imported

without additional restrictions for CEM if the animal had been captured

in the wild or was to be imported from a zoo or other facility where it

would be unlikely that the animal would have had contact with

domesticated horses used for breeding. That lack of contact minimizes

the risk of such an animal contracting CEM and spreading the disease to

horses in the United States. The wild or non-domesticated equine would

still have to meet the inspection and certification requirements of

Sec. 92.314 with regard to CEM and other diseases, as well as all the

applicable permit, port-of-entry inspection, and other applicable

requirements of the regulations, so the general health and movement

issues associated with its importation would continue to be addressed.

The specific provisions for importing horses in the remaining

categories would be moved to four proposed new paragraphs:

Thoroughbred horses imported for permanent entry from

France, Germany, Ireland, or the United Kingdom (current

Sec. 92.301(c)(2)(iii)) would become new Sec. 92.301(d);

Stallions and mares over 731 days of age imported for

permanent entry (current Sec. 92.301(c)(2) (iv) through (vii)) would

become new Sec. 92.301(e). The post-entry testing and treatment

requirements for those stallions and mares (current Sec. 92.304 (a)(4)

to (a)(5) and (a)(7) to (a)(8), respectively) would also be

incorporated into new Sec. 92.301(e);

Horses over 731 days of age imported for no more than 90

days to compete in specified events (current Sec. 92.301(c)(2) (viii)

through (x)) would become new Sec. 92.301(f); and

Horses that have been temporarily exported from the United

States or another country not known to be affected with CEM to a

country affected with CEM (current Sec. 92.301(c)(2)(xi)) would become

new Sec. 92.301(g).

We are also proposing to establish two more new paragraphs in

Sec. 92.301 into which we would move the remaining CEM-specific

provisions of Sec. 92.304. First, we are proposing to move the

provisions of paragraphs Sec. 92.304 (a)(4) through (a)(9) to proposed

new paragraph Sec. 92.301(h). Those paragraphs provide for the approval

of States to accept stallions and mares from CEM-affected countries and

list the States that have received such approval. Second, the

provisions of Sec. 92.304 (a)(10) through (a)(12), which pertain to the

approval of laboratories to conduct CEM cultures and tests, would

become new Sec. 92.301(i).

We are also proposing to make nonsubstantive organizational changes

to Secs. 92.304(b) and 92.314 to improve their readability. Current

Sec. 92.304(b) consists of four sentences, the last of which contains

six clauses, that can logically be divided into three subordinate

paragraphs. Similarly, current Sec. 92.314 consists of three sentences

of regulatory text, the first of which takes up over a half a page in

the Code of Federal Regulations and contains numerous clauses and two

provisos. To make those portions of the regulations easier to read and

use, we are proposing to amend Sec. 92.304(b) by organizing its

regulatory text into paragraphs (b)(1) through (b)(3) and to amend

Sec. 92.314 by organizing its regulatory text into paragraphs (a)

through (c).

As part of our proposed reorganization of the regulations, we would

also make several nonsubstantive editorial changes to improve the

clarity of the regulations.

Elimination of Duplication

There are places in the current regulations where provisions found

in one section are unnecessarily duplicated in another. Specifically,

the regulations pertaining to the importation of thoroughbred horses

(Sec. 92.301(c)(2)(iii)), stallions over 731 days of age

(Sec. 92.301(c)(2)(iv)), mares over 731 days of age (Sec. 92.301(c)(2)

(v), (vi), and (vii)), and horses that have been temporarily exported

to a CEM-affected country from the United States or another country not

known to be affected with CEM (Sec. 92.301(c)(2)(xi)) all require a

horse offered for importation to be accompanied by a certificate that

confirms certain facts regarding the horse's health.

The certificate referred to in those paragraphs is the same

certificate required by Sec. 92.314 for all horses offered for

importation, and Sec. 92.314 clearly describes the information that the

certificate must contain and who may sign the certificate. Two of the

criteria found in Sec. 92.314--the description of who may sign the

certificate and a requirement that the certificate confirm that each

horse has been found free of evidence of communicable disease--are

repeated in those paragraphs of Sec. 92.301(c)(2) cited in the

preceding paragraph. Because those signature and confirmation criteria

are clearly described in Sec. 92.314, we do not believe that it is

necessary to repeat them in other sections of the regulations.

Therefore, proposed new Sec. 92.301 (d), (e), and (g), which would

contain the requirements for the importation of thoroughbred horses,

stallions and mares over 731 days of age, and horses temporarily

exported to a CEM-affected country, would simply state that the horses

must be accompanied by a certificate issued in accordance with

Sec. 92.314.

We are proposing to eliminate duplication in several other places

in the regulations by combining, where appropriate, separate provisions

for mares and stallions. We believe that combining separate provisions

is possible in those parts of the regulations dealing with the

collection of specimens because the requirements as to when and by whom

the specimens are to be collected are the same for both stallions and

mares; it is only the sites from which the specimens are to be

collected that differ. Therefore, in proposed new Sec. 92.301 (d), (e),

and (h), we would combine those provisions that are common to both male

and female horses, while keeping separate those provisions that must

necessarily be gender-specific.

[[Page 28075]]

Similarly, where there are now three different sets of provisions

for importing female horses over 731 days of age for permanent entry

(Sec. 92.301 (c)(2)(v), (c)(2)(vi), and (c)(2)(vii)), proposed new

Sec. 92.301(e) would contain a single set of provisions. The proposed

consolidation of those three sets of provisions would be made possible,

in large part, by other proposed changes, discussed below, that would

remove the clitoral sinusectomy requirement and standardize testing

protocols.

Use of Nitrofurazone

The regulations require, as a pre-import treatment for certain

stallions and a post-entry treatment for certain stallions and mares,

that a nitrofurazone ointment be used to coat or pack the animals'

genitalia as a means of killing the CEM organism. However, many

countries now prohibit the use of nitrofurazone on horses due to

concerns about its residues in horsemeat, so we are proposing to amend

those portions of the regulations that specifically require the use of

nitrofurazone.

Under the regulations in current Sec. 92.301(c)(2)(iv)(E), if a

specimen taken from a stallion prior to export to the United States is

found positive for CEM, the stallion's prepuce, urethral sinus, and

fossa glandis must be scrubbed with a solution of chlorhexidine and

then packed with an ointment of nitrofurazone for 5 consecutive days in

order to kill the CEM organism. We are proposing to remove those

specific instructions for scrubbing and packing and replace them with

the requirement that the stallion be treated for CEM in a manner

approved by the national veterinary service of the country of origin.

We would require that the treatments performed and the dates of the

treatments be recorded on the horse's health certificate, so APHIS

would have the opportunity to consider the treatments used when the

stallion is offered for importation into the United States. We would

continue to require that the stallion be retested no less than 21 days

following the completion of treatment and found free of CEM before it

could enter the United States. Because the requirement for retesting

would be in place, we believe that allowing the national veterinary

service of the country of origin to use its discretion in deciding the

appropriate treatment for stallions that have been found to be positive

for CEM would not result in an increased risk of CEM-infected stallions

entering the United States.

As part of these proposed changes, we are also proposing to amend

Sec. 92.301(c)(2)(iv)(B) by removing footnote 7, which is referenced at

the end of the paragraph. Footnote 7 states: ``Except for stallions

that test positive for CEM, treatment in the country of origin is

optional.'' We are proposing to remove that footnote because we believe

that the regulatory text of proposed new Sec. 92.301(e) clearly

describes the testing and treatment requirements for stallions and

spells out which stallions must be treated to be eligible for

importation into the United States. Subsequent footnotes in the

regulations that refer the reader to ``footnote 7 to subpart C'' would

also be removed.

Once the stallion has been imported into the United States and has

been sent to an approved State for quarantine, the regulations in

current Sec. 92.304(a)(5)(iii)(A) require, among other things, that the

prepuce, penis, and urethral sinus of the stallion be scrubbed with a

solution of chlorhexidine and packed with an ointment of nitrofurazone

for 5 consecutive days. Similarly, the regulations in

Sec. 92.304(a)(8)(iii)(B) regarding the treatment and handling of

imported mares in quarantine in approved States require that the mare's

external genitalia, vaginal vestibule, and, if present, clitoral

sinuses, must be scrubbed with a solution of chlorhexidine and then

coated with an ointment of not less than 0.2 percent nitrofurazone; the

clitoral fossa and, if present, the clitoral sinuses, must also be

packed with an ointment of not less than 0.2 percent nitrofurazone. We

are proposing to modify those requirements by removing the reference to

nitrofurazone and requiring only that an ointment effective against the

CEM organism be used. Because the availability of such ointments can

vary over time and from place to place, and because the treatments must

be performed by an accredited veterinarian and monitored by a State or

Federal veterinarian, we do not believe it is necessary to maintain a

list of specific ointments in the regulations. Rather, the accredited

veterinarian, State veterinarian, and Federal veterinarian, or any

other interested person, could obtain a list of ointments recognized as

being effective against the CEM organism from APHIS. A footnote to that

effect would be added to the regulations regarding the post-entry

treatment and handling of stallions and mares.

Clitoral Sinusectomy

We are proposing to eliminate the requirement that certain mares

undergo a clitoral sinusectomy. Currently, clitoral sinusectomies are

required for female horses over 731 days of age imported for permanent

entry (Sec. 92.301 (c)(2)(v)(C), (c)(2)(v)(G), and (c)(2)(vi)(G)),

certain mares over 731 days of age that had originally been imported

for no more than 90 days and that are moved to an approved State for

permanent entry (Sec. 92.301(c)(2)(x)), and mares that were not

required to undergo a clitoral sinusectomy as a condition of

importation but that have been cultured for CEM with positive results

in an approved State prior to release from State quarantine

(Sec. 92.304(a)(8)(iii)(E)).

We believe that the clitoral sinusectomy requirement can be

eliminated completely because the procedure is no longer necessary to

ensure that imported mares do not introduce CEM into the United States.

A new procedure has been developed that allows veterinarians to clean

and treat the clitoral sinuses to eliminate the CEM organism, thus

rendering clitoral sinusectomies unnecessary. Therefore, the clitoral

sinusectomy requirement and any provisions related to that requirement

would be removed from the regulations. Proposed new Sec. 92.301(e)(5),

which contains the testing and treatment requirements for mares, would

spell out the proposed new cleaning and treatment procedure. In that

procedure, an accredited veterinarian would manually remove organic

debris from the clitoral sinuses of a mare, then flush the sinuses with

a cerumalytic agent. For 5 consecutive days after the cleaning, the

accredited veterinarian would aseptically clean and wash the mare's

external genitalia and vaginal vestibule, including the clitoral fossa,

with a solution of not less than 2 percent chlorhexidine in a detergent

base and then fill the clitoral fossa and sinuses and coat the external

genitalia and vaginal vestibule with an antibiotic ointment effective

against the CEM organism. This procedure has been shown to effectively

eliminate debris that could harbor the CEM organism and can be carried

out without the use of the restraints, anesthesia, or tranquilizers

needed for the clitoral sinusectomy surgery, which would clearly be to

the mare's benefit.

Endometrial Cultures

We are proposing to remove the requirement for the collection and

culturing of endometrial specimens from mares. Currently, the

regulations require that endometrial specimens be collected during

estrus from female thoroughbred horses (Sec. 92.301(c)(2)(iii)(B)),

female horses over 731 days of age (Sec. 92.301 (c)(2)(v)(F) and

(c)(2)(vi)(D)), test mares used for testing stallions in an approved

State (Sec. 92.304 (a)(5)(iii)(B)(2) and (a)(5)(iii)(C)(2)), pregnant

mares over 731 days of age (Sec. 92.304(a)(8)(iii)(C)(1)),

[[Page 28076]]

nonpregnant mares over 731 days of age (Sec. 92.304(a)(8)(iii)(C)(2)),

and mares over 731 days of age that have been found to be positive for

CEM (Sec. 92.304 (a)(8)(iii)(D) and (a)(8)(iii)(E)). We believe that

the required collection and culturing of endometrial specimens can be

eliminated completely because over the last 10 to 12 years we have

cultured over 900 pregnant mares offered for importation and have never

found a positive endometrial culture in specimens collected from mares

that were negative on cultures of the clitoral sinuses. Because we

would continue to require the collection of specimens from the clitoral

sinuses, and because additional specimens would be drawn from the

urethra and cervix, we believe that the requirement for endometrial

cultures could be removed without increasing the risk of CEM being

introduced into or disseminated within the United States.

As part of this proposed change, we are also proposing to remove

the requirement for testing the foals of mares that had been pregnant

at the time they were received in quarantine in an approved State. The

regulations in Sec. 92.304(a)(8)(iii)(C)(1) require that 7 days after

the mare foals, three endometrial specimens be collected from the mare

and another specimen be collected from the vaginal vestibule or prepuce

of her foal, depending on its sex. We believe that the accuracy of the

cultures of specimens collected from the clitoral sinuses, which we

cited in the previous paragraph as rendering endometrial cultures

unnecessary, also makes it unnecessary to test foals. If cultures of

specimens collected from a pregnant mare indicated she was free from

CEM infection, there would be no cause to test her foal, since the foal

could only contract the disease from its dam during birth. This

proposed change would also mean that a pregnant mare would no longer

have to remain under quarantine in the approved State until 7 days

after foaling, since endometrial cultures from the mare and cultures

from the foal would no longer be required.

Collecting Specimens From Mares Over 731 Days of Age

The current regulations contain three different pre-import test

protocols for mares over 731 days of age; a protocol for testing

pregnant mares and, later, their foals, in quarantine in an approved

State after importation; and yet another protocol for testing

nonpregnant mares in quarantine in an approved State. Those protocols

differ in terms of their timing and sites from which specimens are to

be collected for culturing because some mares require endometrial

cultures while others do not, and some mares must undergo a clitoral

sinusectomy, some do not, and others would have already undergone the

surgery before a particular test. With the requirements for endometrial

cultures and clitoral sinusectomies removed as proposed above, we

believe that we can simplify matters by standardizing the sites from

which specimens would be collected from mares and the timing of those

collections when multiple sets of specimens are needed for culturing.

We are proposing that for all mares over 731 days of age offered

for importation or in quarantine in an approved State, specimens would

be collected from the mucosal surface of the urethra, the mucosal

surface of the clitoral sinuses, and the mucosal surface of the cervix.

Using the mucosal surfaces of the urethra, clitoral sinuses, and cervix

as sites for the collection of specimens for culturing is in keeping

with current codes of practice for the diagnosis of CEM and would allow

us to accurately assess the CEM status of mares over 731 days of age

that are offered for importation or that are quarantined in an approved

State.

The regulations currently require that three sets of specimens be

collected from mares over 731 days of age in quarantine in an approved

State; those specimens are to be drawn at intervals of no less than 7

days. We are proposing to decrease the time over which specimens are to

be drawn by requiring that all three sets of specimens be collected

over a single 7-day period, with the collections taking place on the

first, fourth, and seventh days. When collecting multiple sets of

specimens from a horse for culturing, it is prudent to collect sets of

specimens on different days in order to increase the likelihood that

any infection will be detected. However, we believe the current 7-day

minimum interval between collections is unnecessarily long; the

proposed 7-day collection period would simplify and shorten the testing

process for mares while continuing to provide for a sufficient amount

of time between the collection of sets of specimens.

Testing and Treatment for Stallions Over 731 days of Age

Once a stallion over 731 days of age has been imported into the

United States and has been sent to quarantine in an approved State, the

regulations currently require that a set of specimens be collected from

the stallion and cultured for CEM, after which the stallion's genitalia

are to be washed with a surgical scrub and packed with an antibiotic

ointment for 5 consecutive days; 7 days after the fifth day of cleaning

and packing, the stallion must be test bred to two qualified test

mares. In order to increase the likelihood that testing will detect the

presence of CEM, we are proposing to reverse the order of the latter

two items, i.e., we would require that the test breeding take place

before the cleaning and packing. If the stallion was infected with CEM,

the two test mares would most likely contract the disease as a result

of the test breeding, so there would be, in effect, three chances to

detect the disease--one through the tests conducted on the stallion and

two through the tests conducted on each test mare. The cleaning and

packing, when conducted first, may reduce the chance that an infected

stallion would transmit the disease to the test mares by reducing the

presence of the CEM organism to a low level.

Test Mares

The current regulations require that a test mare must qualify as

apparently free from CEM. To qualify, the mare must be tested with

negative results by a complement fixation test for CEM, and specimens

taken from the mare must be cultured negative for CEM. Currently, one

set of specimens must be drawn from the endometrium, clitoral sinuses,

and clitoral fossa; then, no less than 7 days later, another set of

specimens must be drawn from the cervix, clitoral sinuses, and clitoral

fossa. As previously explained, we are proposing to remove the

requirement for the collection and culturing of endometrial specimens

from imported mares. We are proposing to remove that requirement for

test mares, for the same reasons. We are also proposing that test mares

would have specimens collected from the mucosal surface of the urethra,

clitoral sinuses, and cervix, as proposed for all mares over 731 days

of age offered for importation. This would be in keeping with current

codes of practice for the diagnosis of CEM and would allow us to

accurately assess the CEM status of test mares. We are also proposing

that three sets of specimens be collected, and that all sets of

specimens be collected within a 7-day period, on days 1, 4, and 7. This

would be consistent with proposed CEM tests for mares offered for

importation.

After being test bred by the stallion, the regulations currently

require that specimens be collected from the test mares on the second,

fourth, and seventh days after breeding and cultured for CEM;

endometrial specimens must be collected and cultured during the next

estrus; and two blood serum samples must be drawn

[[Page 28077]]

from the test mares 15 to 40 days after breeding and tested for CEM

using the complement fixation test. As discussed above, we have

proposed to remove the requirement for endometrial cultures, so that

step would be eliminated. We are proposing to further amend those

requirements by shifting the collection of specimens to the third,

sixth, and ninth days after breeding, which means that any CEM

infection would have an additional day to manifest itself in the test

mares, followed by a full 2 days between the collection of each

additional set of samples. By delaying and slightly lengthening the

period over which specimens are collected from bred test mares, we

would increase the likelihood that the presence of CEM infection will

be detected in the test mares. We are also proposing to reduce the

number of required complement fixation tests to a single test conducted

15 days after breeding. We believe that the second complement fixation

test is unnecessary because the multiple cultures conducted on the

specimens drawn during the 9 days after breeding would provide, in

nearly all cases, an accurate indication of the test mare's CEM status;

a single complement fixation test would be adequate to confirm the

findings of the culturing.

New Testing Protocol for Thoroughbred Horses

We are proposing to simplify the pre-export testing protocols for

thoroughbred horses from France, Germany, Ireland, and the United

Kingdom. Under the current regulations, three sets of specimens must be

collected and cultured from thoroughbred horses at intervals of no less

than 7 days, with the final collection and culturing being completed

within 30 days of export. We are proposing to shorten the time frame

for collections and culturing from over 2 weeks to 1, with specimens

being collected on the first, fourth, and seventh days of the 7-day

period. We would, however, retain the requirement that the last set of

specimens must be collected and cultured within 30 days of export. As

noted above with regard to test mares and mares over 731 days of age

quarantined in an approved State, we believe the current 7-day interval

between collections is unnecessarily long; the proposed 2-day interval

simplifies and shortens the pre-export testing process for thoroughbred

horses while continuing to provide for a sufficient amount of time

between the collection of sets of specimens.

We are also proposing to modify the collection sites for specimens

drawn from female thoroughbred horses to make those sites consistent

with the proposed changes regarding collection sites for test mares and

mares over 731 days of age and to reflect the proposed discontinuation

of the collection and culturing of endometrial specimens. As was

proposed for the other two categories of female horses, and for the

same reasons, the collection sites for specimens from female

thoroughbred horses would be the mucosal surfaces of the urethra,

clitoral sinuses, and cervix.

The regulations regarding the importation of thoroughbred horses

currently contain no specific provisions for the treatment and

retesting of thoroughbred horses that test positive for CEM during pre-

export testing. We are proposing to add provisions that would allow the

thoroughbred horse to be treated for CEM in a manner approved by the

national veterinary service of the country of origin. We would require

that the treatments performed and the dates of the treatments be

recorded on the horse's health certificate, so APHIS would have the

opportunity to consider the treatments used when the thoroughbred horse

is offered for importation into the United States. We would require

that the retesting of the thoroughbred horse take place no less than 21

days following the completion of treatment. The horse would have to be

found free of CEM on the retest before it could enter the United

States. These proposed provisions for retesting thoroughbred horses are

consistent with the retest provisions for stallions and mares over 731

days of age and would serve the same purpose. Because the thoroughbred

horses would not be allowed entry into the United States until they had

been found free of CEM, we believe that allowing thoroughbred horses

that have tested positive for CEM to be treated and retested would not

result in an increased risk of CEM-infected horses entering the United

States.

We are also proposing to make two minor changes in the regulations

regarding the importation of thoroughbred horses. First, we are

proposing to remove two references to the ``Federal Republic of

Germany'' and replace them with references simply to ``Germany,''

because the reunification of East Germany and West Germany has removed

the need to differentiate between the two. Second, footnote 6 in

current Sec. 92.301(c)(2)(iii)(A), which lists specifically approved

recordkeeping associations in those countries from which thoroughbred

horses may be imported, contains an out-of-date reference to such

associations in Australia. We are proposing to remove that reference

because Australia is no longer on the list of CEM-affected countries in

Sec. 92.301(c)(1).

Use of Accredited Veterinarians

The regulations in Sec. 92.301(c)(2)(viii)(B)(2) require that

horses imported for no more than 90 days to compete in specified events

must be monitored by an APHIS representative--i.e., an APHIS

veterinarian or other authorized APHIS employee--while the horse is on

the premises at which it is competing. The regulations pertaining to

import permits in Sec. 92.304(a)(1)(iii) state that the approval of a

permit application to temporarily import a horse is contingent upon

APHIS' determination that a sufficient number of APHIS personnel are

available to provide the required services. In order to increase the

number of qualified veterinarians available to perform the required

activities and decrease the costs associated with the temporary

importation of horses for competition, we are proposing to allow the

required monitoring to be conducted by an accredited veterinarian. An

accredited veterinarian is, by definition, already familiar with APHIS'

animal health programs and regulations and is approved by the

Administrator to perform the functions associated with those programs,

so we believe that accredited veterinarians would be fully capable of

monitoring temporarily imported horses at the premises on which they

are competing. We would, however, provide for an APHIS representative

to conduct spot checks to ensure compliance with the regulations. If

the APHIS representative found that the requirements of the regulations

were not being met, APHIS would have the option of requiring that all

remaining monitoring for a particular event be conducted by APHIS

representatives. The proposed spot checks and the option for APHIS to

take over monitoring duties would act as additional safeguards against

the spread of disease and would help to ensure compliance with the

regulations.

Other Proposed Changes

The regulations in Sec. 92.301(c)(2)(viii)(G) currently require the

owner or importer of a temporarily imported horse to enter into a trust

fund agreement with APHIS to ensure that he or she pays all costs

associated with APHIS' supervision and maintenance of the horse during

the time it is in the United States. When the required supervision and

maintenance services can be provided by an APHIS representative

operating out of his or her usual place of duty, however,

[[Page 28078]]

APHIS' costs can be recovered through user fees payable under 9 CFR

part 130, so it would not be necessary for the owner or importer to

enter into a trust fund agreement. There are still cases, though, in

which a trust fund agreement would be necessary, such as when an APHIS

representative is not available to provide the necessary services in a

given area, or there is an insufficient number of APHIS representatives

to meet the needs of a large event, and an APHIS representative must be

temporarily detailed from his or her usual place of duty to the site of

a particular event. Therefore, we are proposing to amend the

regulations to differentiate between those cases where user fees would

be sufficient to recover APHIS' costs and those cases where the owner

or importer of a horse would have to enter into a trust fund agreement

with APHIS.

Miscellaneous Changes

Several of the proposed changes discussed above would result in

footnotes being added, deleted, or moved; therefore, we are proposing

to redesignate the footnotes that follow those that would be affected

by the proposed changes to maintain numerical order.

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.

This proposed rule would amend the regulations regarding the

importation of horses from countries affected with contagious equine

metritis to incorporate new testing and treatment protocols for mares

and stallions, provide for the use of accredited veterinarians to

monitor horses temporarily imported into the United States for

competition purposes, incorporate a new testing protocol for

thoroughbred horses in training in their country of origin, and remove

the requirements for endometrial cultures and clitoral sinusectomies in

mares. These proposed changes are intended to update, clarify, and

streamline the existing regulations. The proposed changes would

simplify the requirements for importing horses from countries affected

with contagious equine metritis without increasing the risk of the

disease being introduced into or disseminated within the United States.

The United States is a net exporter of horses, exporting three to

four horses for every one imported, and unit values for imports and

exports favored the United States until 1994. The unit value of exports

was $3,197 per head in 1993, while the unit import value was $2,944 per

head; in 1994, these values shifted to $2,458 per head (export) and

$4,032 per head (import).

In 1993, U.S. exports of horses totaled 64,478 head valued at

$206.1 million; in 1994, the total was 85,299 head valued at $209.7

million. Most of those horses were exported to Canada, Mexico, Western

Europe (especially the United Kingdom and Ireland), the Middle East, or

Asia. U.S. imports of horses, on the other hand, are small relative to

total inventory and U.S. horse exports. In 1993, U.S. horse imports

totaled 20,715 head valued at $61 million; in 1994, the total was

23,186 head valued at $93.5 million. Canada and Mexico were the source

of almost 90 percent of all U.S. horse imports in those years. In each

year, those imports equaled approximately 1 percent of the domestic

horse inventory (USDA, Economic Research Service, ``Foreign

Agricultural Trade of the United States,'' January/February 1995).

Small entities maintain almost 95 percent of the domestic horse

inventory.

The proposed new testing and treatment protocols presented in this

document are the only aspects of this proposed rule that are expected

to have an economic impact. In each case, the proposed changes would

reduce the time required to collect samples, conduct tests, and

administer treatments, which would shorten the period that an imported

horse would have to spend in quarantine. Because the importer or owner

of an imported horse must bear the cost of providing care, feeding, and

handling of the horse during the time it is quarantined for CEM testing

and treatment in an approved State, a shorter quarantine period would

clearly reduce an owner's or importer's boarding costs. The current

course of testing and treatment runs, on average, from 4 to 6 weeks;

the testing and treatment protocols proposed in this document are

expected to cut that time frame to 2 to 3 weeks.

We do not expect, however, that the proposed changes will result in

an increase of horse imports into the United States. Those countries

that can already profitably ship horses to the United States and meet

the current requirements of the regulations would not be significantly

affected, and those countries that do not currently meet those

requirements are not expected to meet the proposed new requirements

either.

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 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 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

This proposed rule contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, 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. In Sec. 92.300, the definition of Weanling or yearling would be

revised to read as follows:

Sec. 92.300 Definitions.

* * * * *

Weanling or yearling. Any horse, weaned from its dam, that was

foaled not more than 731 days prior to its being offered for entry into

the United States.

[[Page 28079]]

A horse will not be considered to be a weanling or yearling if its

first permanent incisors have erupted.

Secs. 92.303 and 92.304 [Amended]

3. Sections 92.303 and 92.304 would be amended as follows:

a. In Sec. 92.304, footnote 12 and its reference in the section

heading would be removed.

b. In Sec. 92.303(e), footnote 11 and its reference in the text

would be redesignated as footnote 12.

4. In Sec. 92.301, paragraph (c) would be revised and new

paragraphs (d) through (i) would be added to read as follows:

Sec. 92.301 General prohibitions; exceptions.

* * * * *

(c) Specific prohibitions regarding contagious equine metritis;

exceptions.

(1) Importation prohibited. Except as provided in paragraph (c)(2)

of this section, notwithstanding the other provisions of this part

concerning the importation of horses into the United States, the

importation of all horses from any of the following listed countries

and the importation of all horses that have been in any listed country

within the 12 months immediately preceding their being offered for

entry into the United States is prohibited, either because contagious

equine metritis (CEM) exists in the listed country or because the

listed country trades horses freely with a country in which CEM exists

without testing for CEM: Austria, Belgium, Bosnia and Herzegovina,

Croatia, Czech Republic, Denmark, Finland, France, Germany, Guinea-

Bissau, Ireland, Italy, Japan, the Member States of the European Union,

The Netherlands, Norway, Slovakia, Slovenia, Sweden, Switzerland, The

Former Yugoslav Republic of Macedonia, the United Kingdom (England,

Northern Ireland, Scotland, Wales, and the Isle of Man), and the

nonrecognized areas of the former Yugoslavia (Montenegro and Serbia).

Note: Montenegro and Serbia have asserted the formation of a joint

independent State entitled ``The Federal Republic of Yugoslavia,'' but

this entity has not been formally recognized as a State by the United

States.

(2) Exceptions. The provisions of paragraph (c)(1) of this section

shall not apply to the following:

(i) Wild (non-domesticated) species of equidae if captured in the

wild or imported from a zoo or other facility where it would be

unlikely that the animal would come in contact with domesticated horses

used for breeding;

(ii) Geldings;

(iii) Weanlings or yearlings whose age is certified on the import

health certificate required under Sec. 92.314(a);

(iv) Horses imported in accordance with conditions prescribed by

the Administrator as provided in Sec. 92.301(a);

(v) Thoroughbred horses imported for permanent entry from France,

Germany, Ireland, or the United Kingdom if the horses meet the

requirements of paragraph (d) of this section;

(vi) Stallions or mares over 731 days of age imported for permanent

entry if the horses meet the requirements of paragraph (e) of this

section;

(vii) Horses over 731 days of age imported into the United States

for no more than 90 days to compete in specified events if the horses

meet the requirements of paragraph (f) of this section; and

(viii) Horses temporarily exported from the United States or from

another country not known to be affected with CEM to a country listed

in paragraph (c)(1) of this section within the 12 months immediately

preceding their being offered for entry into the United States if the

horses meet the requirements of paragraph (g) of this section.

(d) Thoroughbred horses from France, Germany, Ireland, and the

United Kingdom. (1) Thoroughbred horses may be imported for permanent

entry from France, Germany, Ireland, or the United Kingdom if the

horses meet the following requirements:

(i) Each horse is accompanied at the time of importation by an

import permit in accordance with Sec. 92.304;

(ii) Each horse is accompanied at the time of importation by an

import health certificate issued in accordance with Sec. 92.314(a). In

addition to the information required by Sec. 92.314(a), the

veterinarian signing and issuing the certificate shall certify that:

(A) He or she has examined the daily records of the horse's

activities maintained by the trainer and certified to be current, true,

and factual by the veterinarian in charge of the training or racing

stable;

(B) He or she has examined the records of the horse's activities

maintained by a breed association specifically approved by the

Department 6 and certified by the breed association to be current,

true, and factual for the following information: Identification of the

horse by name, sex, age, breed, and all identifying marks;

identification of all premises where the horse has been since reaching

731 days of age and the dates that the horse was at such premises; and

that none of the premises are breeding premises;

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

\6\ The following breed associations and their record systems

have been approved by the Department: Weatherby's Ltd. for the

United Kingdom and Ireland; Haras du Pain for France; and

Direktorium fur Vollblutzucht und Rennen e.v. for Germany.

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

(C) He or she has compared the records maintained by the approved

breed association with the records kept by the trainer and has found

the information in those two sets of records to be consistent and

current;

(D) For thoroughbred horses over 731 days of age, cultures negative

for CEM were obtained from sets of specimens collected on 3 separate

occasions within a 7-day period from the mucosal surface of the

urethra, the mucosal surface of the clitoral sinuses, and the mucosal

surface of the cervix of any female horses and from the surfaces of the

prepuce, the urethral sinus, and the fossa glandis, including the

diverticulum of the fossa glandis, of any male horses. For both female

and male horses, the sets of specimens must be collected on days 1, 4,

and 7 of the 7-day period, and the last of these sets of specimens must

be collected within 30 days of exportation. All specimens required by

this paragraph must be collected by a licensed veterinarian who either

is, or is acting in the presence of, the veterinarian signing the

certificate; and

(E) All specimens required by paragraph (d)(1)(ii)(D) of this

section were received within 48 hours of collection by a laboratory

approved to culture for CEM by the national veterinary service of the

country of export and were accompanied by a statement indicating the

date and time of their collection.

(2) If any specimen collected in accordance with paragraph

(d)(1)(ii)(D) of this section is found to be positive for CEM, the

horse must be treated for CEM in a manner approved by the national

veterinary service of the country of export. After the treatment is

completed, at least 21 days must pass before the horse will be eligible

to be tested again in accordance with paragraph (d)(1)(ii)(D) of this

section. All treatments performed, and the dates of the treatments,

must be recorded on the health certificate.

(3) Thoroughbred horses imported under paragraph (d)(1) of this

section must complete the Federal quarantine required under

Sec. 92.308. Upon completion of the Federal quarantine, the horses may

be released.

(e) Stallions and mares over 731 days of age from CEM-affected

countries.

(1) Stallions or mares over 731 days of age may be imported for

permanent entry from a country listed in paragraph (c)(1) of this

section if the horses meet the following requirements:

[[Page 28080]]

(i) Each horse is accompanied at the time of importation by an

import permit issued in accordance with Sec. 92.304. The import permit

must indicate that, after completion of the Federal quarantine required

in Sec. 92.308, the stallion or mare will be consigned to a State that

the Administrator has approved to receive such horses in accordance

with paragraph (h) of this section;

(ii) The horses are accompanied at the time of importation by an

import health certificate issued in accordance with Sec. 92.314(a);

(iii) A set of specimens must be collected from each horse within

30 days prior to the date of export by a licensed veterinarian who

either is, or is acting in the presence of, the veterinarian signing

the certificate. For stallions, the specimens must be collected from

the prepuce, urethral sinus, and fossa glandis, including the

diverticulum of the fossa glandis; for mares, the specimens must be

collected from the mucosal surface of the urethra, the mucosal surface

of the clitoral sinuses, and the mucosal surface of the cervix. All of

the specimens collected must be cultured for CEM with negative results

in a laboratory approved to culture for CEM by the national veterinary

service of the country of origin;

(iv) The horses described on the certificate must not have been

used for natural breeding, for the collection of semen for artificial

insemination in the case of stallions, or for artificial insemination

in the case of mares, from the time the specimens were collected

through the date of export;

(v) All specimens required by paragraph (e)(1)(iii) of this section

must be received within 48 hours of collection by a laboratory approved

to culture for CEM by the national veterinary service of the country of

export and must be accompanied by a statement indicating the date and

time of their collection; and

(vi) If any specimen collected in accordance with paragraph

(e)(1)(iii) of this section is found to be positive for CEM, the

stallion or mare must be treated for CEM in a manner approved by the

national veterinary service of the country of export. After the

treatment is completed, at least 21 days must pass before the horse

will be eligible to be tested again in accordance with paragraph

(e)(1)(ii) of this section. All treatments performed, and the dates of

the treatments, must be recorded on the health certificate.

(2) Post-entry. (i) Stallions and mares imported under paragraph

(e)(1) of this section must complete the Federal quarantine required

under Sec. 92.308. Upon completion of the Federal quarantine, stallions

must be sent to an approved State listed in paragraph (h)(6) of this

section, and mares must be sent to an approved State listed in

paragraph (h)(7) of this section.

(ii) Once in the approved State, the stallions or mares shall be

quarantined under State or Federal supervision until the stallions have

met the testing and treatment requirements of paragraph (e)(3) of this

section and the mares have met the testing and treatment requirements

of paragraph (e)(5) of this section.

(iii) All tests and cultures required by paragraphs (e)(3) through

(e)(5) of this section shall be conducted at the National Veterinary

Services Laboratories, Ames, IA, or at a laboratory approved by the

Administrator in accordance with paragraph (i) of this section to

conduct CEM cultures and tests.

(iv) To be eligible for CEM culture or testing, all specimens

collected in accordance with paragraphs (e)(3) through (e)(5) of this

section must be received by the National Veterinary Services

Laboratories or the approved laboratory within 48 hours of collection

and must be accompanied by a statement indicating the date and time of

their collection.

(3) Testing and treatment requirements for stallions. (i) Once the

stallion is in the approved State, one specimen each shall be taken

from the prepuce, the urethral sinus, and the fossa glandis, including

the diverticulum of the fossa glandis, of the stallion and be cultured

for CEM. After negative results have been obtained, the stallion must

be test bred to two test mares that meet the requirements of paragraph

(e)(4) of this section. Upon completion of the test breeding:

(A) The stallion must be treated for 5 consecutive days by

thoroughly cleaning and washing (scrubbing) its prepuce, penis,

including the fossa glandis, and urethral sinus while the stallion is

in full erection with a solution of not less than 2 percent surgical

scrub chlorhexidine and then thoroughly coating (packing) the

stallion's prepuce, penis, including the fossa glandis, and urethral

sinus with an ointment effective against the CEM organism.7 The

treatment shall be performed by an accredited veterinarian and

monitored by a State or Federal veterinarian.

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

\7\ A list of ointments effective against the CEM organism may

be obtained from the National Center for Import and Export, Import/

Export Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD

20737-1231.

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

(B) Each mare to which the stallion has been test bred shall be

cultured for CEM from sets of specimens that are collected from each of

the mucosal surfaces of the cervix, urethra, and clitoral sinuses on

the third, sixth, and ninth days after the breeding, with negative

results. A complement fixation test for CEM must be done with negative

results on the fifteenth day after the breeding.

(ii) If any culture or test required by this paragraph is positive

for CEM, the stallion shall be treated as described in paragraph

(e)(3)(i)(A) of this section and retested by being test bred to two

mares no less than 21 days after the last day of treatment.

(iii) A stallion may be released from State quarantine only if all

cultures and tests of specimens from the mares used for test breeding

are negative for CEM and all cultures performed on specimens taken from

the stallion are negative for CEM.

(4) Requirements for test mares. (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.'' The marking shall be

permanently applied by an inspector, a State inspector, or an

accredited veterinarian who shall use a hot iron, freezemarking, or a

lip tattoo. 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.

(ii) The test mares must be qualified prior to breeding as

apparently free from CEM and may not be used for breeding from the time

specimens are taken to qualify the mares as free from CEM. To qualify,

each mare shall be tested with negative results by a complement

fixation test for CEM, and specimens taken from each mare shall be

cultured negative for CEM. For culture, sets of specimens shall be

collected on the first, fourth, and seventh days of a 7-day period from

the mucosal surfaces of the urethra, clitoral sinuses, and cervix.

(iii) A test mare that has been used to test stallions for CEM may

be released from quarantine only if:

(A) The test mare is found negative for CEM on all cultures and

tests required under paragraph (e)(3)(ii) of this section;

(B) The test mare is subjected to an ovariectomy by an accredited

veterinarian under the direct supervision of a State or Federal

veterinarian;

[[Page 28081]]

(C) The test mare is treated and handled in accordance with

paragraph (e)(5) of this section; or

(D) The test mare is moved directly to slaughter without unloading

en route, is euthanized, or dies.

(5) Testing and treatment requirements for mares. (i) Once the mare

is in the approved State, sets of specimens shall be collected from

each mare on three separate occasions within a 7-day period. On days 1,

4, and 7, an accredited veterinarian shall collect a specimen from the

mucosal surfaces of the urethra, clitoral sinuses, and cervix, and

shall submit each specimen or set of specimens to the National

Veterinary Services Laboratories, Ames, IA, or at a laboratory approved

by the Administrator in accordance with paragraph (i) of this section

to conduct CEM cultures and tests.

(ii) Following the collection of specimens in accordance with

paragraph (e)(5)(i) of the section, an accredited veterinarian shall

manually remove organic debris from the sinuses of each mare and then

flush the sinuses with a cerumalytic agent.8

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

\8\ Recommended protocols for the flushing of sinuses may be

obtained from the National Center for Import and Export, Import/

Export Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD

20737-1231.

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

(iii) For 5 consecutive days after the sinuses have been cleaned,

an accredited veterinarian shall aseptically clean and wash (scrub) the

external genitalia and vaginal vestibule, including the clitoral fossa,

with a solution of not less than 2 percent chlorhexidine in a detergent

base and then fill the clitoral fossa and sinuses, and coat the

external genitalia and vaginal vestibule with an antibiotic ointment

effective against the CEM organism.9

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

\9\ A list of ointments effective against the CEM organism may

be obtained from the National Center for Import and Export, Import/

Export Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD

20737-1231.

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

(iv) A mare may be released from State quarantine only if all

cultures performed on specimens taken from the mare are negative for

CEM.

(v) If any culture required by this paragraph is positive for CEM,

the mare shall be treated as described in paragraphs (e)(5)(ii) and

(e)(5)(iii) of this section. No less than 21 days after the last day of

treatment, the mare shall be tested again in accordance with paragraph

(e)(5)(i) of this section. If all specimens are negative for CEM, the

mare may be released from quarantine.

(f) Special provisions for temporary importation. Horses over 731

days of age may be imported into the United States for no more than 90

days to compete in specified events if the following conditions are

met:

(1) The horse may remain in the United States for not more than 90

days following the horse's arrival in the United States, except as

provided in paragraph (f)(6) of this section and, while in the United

States, the horse must be moved according to the itinerary and methods

of transport specified in the import permit provided for in Sec. 92.304

of this part;

(2) While the horse is in the United States, the following

conditions must be met:

(i) Except when in transit, the horse must be kept on a premises

that has been approved, orally or in writing, by an APHIS

representative. If the approval is oral, it will be confirmed in

writing by the Administrator as soon as circumstances permit. To

receive approval, the premises:

(A) Must not be a breeding premises; and

(B) Must be or contain a building in which the horse can be kept in

a stall that is separated from other stalls containing horses, either

by an empty stall, by an open area across which horses cannot touch

each other, or by a solid wall that is at least 8 feet (2.4 m) high.

(ii) While at the premises at which the horse competes, the horse

must be monitored by an accredited veterinarian or APHIS representative

to ensure that the provisions of paragraphs (f)(2)(i), (f)(2)(iv), and

(f)(2)(v) of this section are met. If the monitoring is performed by an

accredited veterinarian, spot checks will be conducted by an APHIS

representative to ensure that the requirements of this section are

being met. If an APHIS representative finds that requirements are not

being met, the Administrator may require that all remaining monitoring

for the event be conducted by APHIS representatives to ensure

compliance.

(iii) While in transit, the horse must be moved in either an

aircraft or a sealed van or trailer. If the horse is moved in a sealed

van or trailer, the seal may be broken only by an APHIS representative

at the horse's destination, except in situations where the horse's life

is in danger.

(iv) Except when actually competing or being exercised, the horse

must be kept in a stall that is separated from other stalls containing

horses, either by an empty stall, by an open area across which horses

cannot touch each other, or by a solid wall that is at least 8 feet

(2.4 m) high.

(v) The horse may not be used for breeding purposes (including

artificial insemination), may not have any other sexual contact with

other horses, and may not undergo any genital examinations.

(vi) After the horse is transported anywhere in the United States,

any vehicle in which the horse was transported must be cleaned and

disinfected in the presence of an APHIS representative, according to

the procedures specified in Secs. 71.7 through 71.12 of this chapter,

before any other horse is transported in the vehicle.

(vii) The cleaning and disinfection specified in paragraph

(f)(2)(vi) of this section must be completed before the vehicle is

moved from the place where the horse is unloaded. In those cases where

the facilities or equipment for cleaning and disinfection are

inadequate at the place where the horse is unloaded, the Administrator

may allow the vehicle to be moved to another location for cleaning and

disinfection when the move will not pose a disease risk to other horses

in the United States.

(viii) The owner or importer of the horse must comply with any

other provisions of this part applicable to him or her.

(3) If the owner or importer wishes to change the horse's itinerary

or the methods by which the horse is transported from that which he or

she specified in the application for the import permit, the owner or

importer must make the request for change in writing to the

Administrator. Requests should be sent to the Administrator, c/o

Import-Export Animals Staff, VS, APHIS, 4700 River Road Unit 39,

Riverdale, MD 20737-1231. The change in itinerary or method of

transport may not be made without the written approval of the

Administrator, who may grant the request for change when he or she

determines that granting the request will not endanger other horses in

the United States and that sufficient APHIS personnel are available to

provide the services required by the owner or importer. If more than

one application for an import permit is received, APHIS personnel will

be assigned in the order that the applications that otherwise meet the

requirements of this section are received.

(4) The Administrator may cancel, orally or in writing, the import

permit provided for under Sec. 92.304 of this part whenever the

Administrator finds that the owner or importer of the horse has not

complied with the provisions of paragraphs (f)(1) through (f)(3) of

this section or any conditions imposed under those provisions. If the

cancellation is oral, the Administrator will confirm the cancellation

and the reasons for the cancellation in writing as

[[Page 28082]]

soon as circumstances permit. Any person whose import permit is

canceled may appeal the decision in writing to the Administrator within

10 days after receiving oral or written notification of the

cancellation, whichever is earlier. If the appeal is sent by mail, it

must be postmarked within 10 days after the owner or importer receives

oral or written notification of the cancellation, whichever is earlier.

The appeal must include all of the facts and reasons upon which the

person relies to show that the import permit was wrongfully canceled.

The Administrator will grant or deny the appeal in writing as promptly

as circumstances permit, stating the reason for his or her decision. If

there is a conflict as to any material fact, a hearing will be held to

resolve the conflict. Rules of practice concerning the hearing will be

adopted by the Administrator.

(5) Except in those cases where an appeal is in process, any person

whose import permit is canceled must move the horse identified in the

import permit out of the United States within 10 days after receiving

oral or written notification of cancellation, whichever is earlier. The

horse is not permitted to enter competition from the date the owner or

importer receives the notice of cancellation until the horse is moved

out of the United States or until resolution of an appeal in favor of

the owner or importer. Except when being exercised, the horse must be

kept, at the expense of the owner or importer, in a stall on the

premises where the horse is located when the notice of cancellation is

received, or, if the horse is in transit when the notice of

cancellation is received, on the premises where it is next scheduled to

compete according to the import permit. The stall in which the horse is

kept must be separated from other stalls containing horses, either by

an empty stall, by an open area across which horses cannot touch each

other, or by a solid wall that is at least 8 feet (2.4 m) high. In

cases where the owners of the above specified premises do not permit

the horse to be kept on those premises, or when the Administrator

determines that keeping the horse on the above specified premises will

pose a disease risk to horses in the United States, the horse must be

kept, at the expense of the owner or importer, on an alternative

premises approved by the Administrator.

(6) Stallions or mares over 731 days of age that are imported for

no more than 90 days in accordance with paragraphs (f)(1) through

(f)(3) of this section may be eligible to remain in the United States

if the following is completed:

(i) Following completion of the itinerary specified in the import

permit provided for in Sec. 92.304 of this part, the horse's owner or

importer applies for and receives a new import permit that specifies

that the stallion or mare will be moved to an approved State listed in

paragraph (h)(6) or (h)(7) of this section; and

(ii) The stallion or mare is transported in a sealed vehicle that

has been cleaned and disinfected to an approved facility in an approved

State where it is quarantined under State or Federal supervision until

the stallion or mare has met the testing and treatment requirements of

paragraph (e)(3) or (e)(5) of this section.

(7) All costs and charges associated with the supervision and

maintenance of a horse imported under paragraphs (f)(1) through (f)(3)

of this section will be borne by the horse's owner or importer. The

costs associated with the supervision and maintenance of the horse by

an APHIS representative at his or her usual places of duty will be

reimbursed by the horse's owner or importer through user fees payable

under part 130 of this chapter.

(8) In the event that an APHIS representative must be temporarily

detailed from his or her usual place of duty in connection with the

supervision and maintenance of a horse imported under paragraphs (f)(1)

through (f)(3) of this section, the owner or importer of the horse must

execute a trust fund agreement with APHIS to reimburse all expenses

(including travel costs, salary, per diem or subsistence,

administrative expenses, and incidental expenses) incurred by the

Department in connection with the temporary detail. Under the trust

fund agreement, the horse's owner or importer must deposit with APHIS

an amount equal to the estimated cost, as determined by APHIS, for the

APHIS representative to inspect the premises at which the horse will

compete, to conduct the monitoring required by paragraph (f)(2)(ii) of

this section, and to supervise the cleaning and disinfection required

by paragraph (f)(2)(vi) of this section. The estimated costs will be

based on the following factors:

(i) Number of hours needed for an APHIS representative to conduct

the required inspection and monitoring;

(ii) For services provided during regular business hours (8 a.m. to

4:30 p.m., Monday through Saturday, except holidays), the average

salary, per hours, for an APHIS representative;

(iii) For services provided outside regular business hours, the

applicable rate for overtime, night differential, or Sunday or holiday

pay, based on the average salary, per hour, for an APHIS

representative;

(iv) Number of miles from the premises at which the horse competes

to the APHIS office or facility that is monitoring the activities;

(v) Government rate per mile for automobile travel or, if

appropriate, cost of other means of transportation between the premises

at which the horse competes and the APHIS office or facility;

(vi) Number of trips between the premises at which the horse

competes and the APHIS office or facility that APHIS representatives

are required to make in order to conduct the required inspection and

monitoring;

(vii) Number of days the APHIS representative conducting the

inspection and monitoring must be in ``travel status;''

(viii) Applicable government per diem rate; and

(ix) Cost of related administrative support services.

(9) If a trust fund agreement with APHIS has been executed by the

owner or importer of a horse in accordance with paragraph (f)(8) of

this section and APHIS determines, during the horse's stay in the

United States, that the amount deposited will be insufficient to cover

the services APHIS is scheduled to provide during the remainder of the

horse's stay, APHIS will issue to the horse's owner or importer a bill

to restore the deposited amount to a level sufficient to cover the

estimated cost to APHIS for the remainder of the horse's stay in the

United States. The horse's owner or importer must pay the amount billed

within 14 days after receiving the bill. If the bill is not paid within

14 days after its receipt, APHIS will cease to perform the services

provided for in paragraph (f)(2) of this section until the bill is

paid. The Administrator will inform the owner or importer of the

cessation of services orally or in writing. If the notice of cessation

is oral, the Administrator will confirm, in writing, the notice of

cessation and the reason for the cessation of services as soon as

circumstances permit. In such a case, the horse must be kept, at the

expense of the owner or importer and until the bill is paid, in a stall

either on the premises at which the horse is located when the notice of

cessation of services is received, or, if the horse is in transit when

the notice of cessation of services is received, on the premises at

which it is next scheduled to compete according to the import permit.

The stall in which the horse is kept must be separated from other

stalls containing horses either by an empty stall, an open area across

which horses cannot touch each other,

[[Page 28083]]

or a solid wall that is at least 8 feet (2.4 m) high. In cases where

the owners of the above specified premises do not permit the horse to

be kept on those premises, or when the Administrator determines that

keeping the horse on the above specified premises will pose a disease

risk to other horses in the United States, the horse must be kept, at

the expense of the owner or importer, on an alternative premises

approved by the Administrator. Until the bill is paid, the horse is not

permitted to enter competition. Any amount deposited in excess of the

costs to APHIS to provide the required services will be refunded to the

horse's owner or importer.

(g) Special provisions for the importation of horses that have been

temporarily exported to a CEM-affected country. If a horse has been

temporarily exported for not more than 60 days from the United States

to a CEM-affected country listed in paragraph (c)(1) of this section,

or if a horse has been temporarily exported for not more than 60 days

from another country not known to be affected with CEM to a CEM-

affected country during the 12 months preceding its exportation to the

United States, the horse may be eligible for return or importation into

the United States without meeting the requirements of paragraphs (d)

through (f) of this section under the following conditions:

(1) The horse must be accompanied by a certificate that meets the

requirements of Sec. 92.314(a) of this part issued by each CEM-affected

country that the horse has visited during the term of its temporary

exportation, and each certificate must contain the following additional

declarations:

(i) That the horse was held separate and apart from all other

horses except for the time it was actually participating in an event or

was being exercised by its trainer;

(ii) That the premises on which the horse was held were not used

for any equine or horse breeding purpose;

(iii) That the horse was not bred to or bred by any animal, nor did

it have any other sexual contact or genital examination while in such

country; and

(iv) That all transport while in such country was carried out in

cleaned and disinfected vehicles in which no other horses were

transported since such cleaning and disinfection;

(2) The horse is accompanied by an import permit issued in

accordance with Sec. 92.304 of this part at the time of exportation;

(3) If the horse was temporarily exported from the United States

and is being returned to the United States, the horse must be

accompanied by a copy of the United States health certificate issued

for its exportation from the United States and endorsed in accordance

with the export regulations in part 91 of this chapter;

(4) The horse must be examined by an inspector at the U.S. port of

entry and found by the inspector to be the identical horse covered by

the documents required by paragraphs (a) through (c) of this section

and found by the inspector to be free of communicable disease and

exposure thereto; and

(5) The horse must be quarantined and tested at the U.S. port of

entry as provided in Sec. 92.308 of this part prior to release.

(h) Approval of States. In order for a State to be approved to

receive stallions or mares over 731 days of age from a CEM-affected

country listed in paragraph (c)(1) of this section that are imported

under paragraph (e) of this section, the State must meet the following

conditions:

(1) The State must enter into a written agreement with the

Administrator, whereby the State agrees to enforce its laws and

regulations to control CEM and to abide by the conditions of approval

established by the regulations in this part.

(2) The State must agree to quarantine all stallions and mares over

731 days of age imported under the provisions of paragraph (e) of this

section until the stallions have been treated in accordance with

paragraph (e)(3) of this section and the mares have been treated in

accordance with paragraph (e)(5) of this section.

(3) The State must agree to quarantine all mares used to test

stallions for CEM until the mares have been released from quarantine in

accordance with paragraph (e)(4) of this section.

(4) The State must have laws or regulations requiring that

stallions over 731 days of age imported under paragraph (e) of this

section be treated in the manner specified in paragraph (e)(3) of this

section, and that mares over 731 days of age imported under paragraph

(e) of this section be treated in the manner specified in paragraph

(e)(5) of this section.

(5) Approval of any State to receive stallions or mares imported

from countries affected with CEM may be suspended by the Administrator

upon his or her determination that any requirements of this section are

not being met. After such action is taken, the animal health

authorities of the approved State will be informed of the reasons for

the action and afforded an opportunity to present their views thereon

before such suspension is finalized; however, such suspension of

approval shall continue in effect unless otherwise ordered by the

Administrator. In those instances where there is a conflict as to the

facts, a hearing shall be held to resolve such conflict.

(6) The following States have been approved to receive stallions

over 731 days of age imported under paragraph (e) of this section:

The State of Alabama

The State of California

The State of Colorado

The State of Florida

The State of Kentucky

The State of Louisiana

The State of Maryland

The State of Montana

The State of New Hampshire

The State of New Jersey

The State of New York

The State of North Carolina

The State of Ohio

The State of South Carolina

The State of Tennessee

The State of Texas

The State of Virginia

The State of Wisconsin

(7) The following States have been approved to receive mares over

731 days of age imported under paragraph (e) of this section:

The State of Alabama

The State of California

The State of Colorado

The State of Kentucky

The State of Louisiana

The State of Maryland

The State of Montana

The State of Hew Hampshire

The State of New Jersey

The State of New York

The State of North Carolina

The State of Ohio

The State of South Carolina

The State of Tennessee

The State of Texas

The State of Virginia

The State of Wisconsin

(i) Approval of laboratories. (1) The Administrator will approve a

laboratory to conduct CEM cultures and tests only after consulting with

the State animal health official in the State in which the laboratory

is located and after determining that the laboratory:

(i) Has technical personnel assigned to conduct the CEM culturing

and testing who possess the following minimum qualifications:

(A) A bachelor's degree in microbiology;

(B) A minimum of 2 years experience working in a bacteriology

laboratory; and

(C) Experience working with the CEM organism, including knowledge

of the specific media requirements, atmospheric requirements, and

[[Page 28084]]

procedures for the isolation and identification of the CEM

organism.10

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

\10\ When training regarding CEM culturing and testing is

necessary, it may be obtained at the National Veterinary Services

Laboratories, Ames, IA 50010.

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

(ii) Follows standard test protocol prescribed by the National

Veterinary Services Laboratories; 11 and

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

\11\ Standard test protocols prescribed by the National

Veterinary Services Laboratories and a list of approved laboratories

can be obtained from the National Veterinary Services Laboratories,

Ames, IA 50010.

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

(iii) Reports all official test results to the State animal health

official and the Veterinarian in Charge.

(2) To retain approval, the laboratory must meet the requirements

prescribed in paragraph (i)(1) of this section, and shall test with the

CEM organism each lot of media it prepares to ensure that the media

will support growth of the laboratory's reference culture. Media that

will not support growth of the reference culture must be discarded.

(3) The Administrator may deny or withdraw approval of any

laboratory to conduct CEM culturing or testing upon a determination

that the laboratory does not meet the criteria for approval or

maintenance of approval under paragraphs (i)(1) and (i)(2) of this

section.

(i) In the case of a denial of approval, the operator of the

laboratory will be informed of the reasons for denial and, upon

request, will be afforded an opportunity for a hearing with respect to

the merits or validity of the denial in accordance with rules of

practice that will be adopted for the hearing.

(ii) In the case of a withdrawal of approval, before such action is

taken, the operator of the laboratory will be informed of the reasons

for the proposed withdrawal and, upon request, will be afforded an

opportunity for a hearing with respect to the merits or validity of the

proposed withdrawal in accordance with rules of practice that will be

adopted for the hearing. However, the withdrawal will become effective

pending a final determination in the hearing when the Administrator

determines that such action is necessary to protect the public health,

interest, or safety. The withdrawal will be effective upon oral or

written notification, whichever is earlier, to the operator of the

laboratory. In the event of oral notification, written confirmation

will be given as promptly as circumstances allow. The withdrawal will

continue in effect pending completion of the hearing and any judicial

review of the hearing, unless otherwise ordered by the Administrator.

(iii) Approval for a laboratory to conduct CEM culturing or testing

will be automatically withdrawn by the Administrator when the operator

of the approved laboratory notifies the National Veterinary Services

Laboratories, Ames, IA 50010, in writing, that the laboratory no longer

conducts CEM culturing and testing.

(Approved by the Office of Management and Budget under control

number 0579-0040)

5. Section 92.304 would be amended as follows:

a. The section heading would be revised to read as set forth below.

b. In the introductory text of paragraph (a)(1)(ii), the reference

``Sec. 92.301(c)(2)(viii)'' would be removed both times it appears and

the reference ``Sec. 92.301(f)'' added in its place.

c. In paragraph (a)(1)(iii), in the first sentence, the reference

``Sec. 92.301(c)(2)(viii)'' would be removed and the reference

``Sec. 92.301(f)'' added in its place.

d. Paragraphs (a)(4) through (a)(12) would be removed.

e. Paragraph (b) would be revised to read as set forth below.

Sec. 92.304 Import permits for horses from countries affected with CEM

and for horse specimens for diagnostic purposes; reservation fees for

space at quarantine facilities maintained by APHIS.

(a) * * *

(b) Permit. (1) When a permit is issued, the original and two

copies will be sent to the importer. It shall be the responsibility of

the importer to forward the original permit and one copy to the shipper

in the country of origin, and it shall also be the responsibility of

the importer to ensure that the shipper presents the copy of the permit

to the carrier and makes the necessary arrangements for the original

permit to accompany the shipment to the specified U.S. port of entry

for presentation to the collector of customs.

(2) Horses and horse test specimens for which a permit is required

under paragraph (a) of this section will be received at the port of

entry specified on the permit within the time prescribed in the permit,

which shall not exceed 14 days from the first day that the permit is

effective.

(3) Horses and horse test specimens for which a permit is required

under paragraph (a) of this section will not be eligible for entry if:

(i) A permit has not been issued for the importation of the horse

or horse test specimen;

(ii) If the horse or horse test specimen is unaccompanied by the

permit issued for its importation;

(iii) If the horse or horse test specimen is shipped from any port

other than the one designated in the permit;

(iv) If the horse or horse test specimen arrives in the United

States at any port other than the one designated in the permit;

(v) If the horse or horse test specimen offered for entry differs

from that described in the permit; or

(vi) If the horse or horse test specimen is not handled as outlined

in the application for the permit and as specified in the permit

issued.

Sec. 92.308 [Amended]

6. In Sec. 92.308(a)(3), footnote 16 and its reference in the text

would be redesignated as footnote 14.

7. In Sec. 92.308(c)(1), footnote 17 and its reference in the text

would be redesignated as footnote 15.

8. Section 92.314 would be revised to read as follows:

Sec. 92.314 Horses, certification, and accompanying equipment.

(a) Horses offered for importation from any part of the world shall

be accompanied by a certificate of a salaried veterinary officer of the

national government of the country 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,

showing that:

(1) The horses described in the certificate have been in said

country during the 60 days preceding exportation;

(2) That each horse has been inspected on the premises of origin

and found free of evidence of communicable disease and, insofar as can

be determined, exposure thereto during the 60 days preceding

exportation;

(3) That each horse has not been vaccinated with a live or

attenuated or inactivated vaccine during the 14 days preceding

exportation: Provided, however, That in specific cases the

Administrator may authorize horses that have been vaccinated with an

inactivated vaccine to enter the United States when he or she

determines that in such cases and under such conditions as he or she

may prescribe such importation will not endanger the livestock in the

United States, and such horses comply with all other applicable

requirements of this part;

(4) That, insofar as can be determined, no case of African horse

sickness, dourine, glanders, surra, epizootic lymphangitis, ulcerative

lymphangitis,

[[Page 28085]]

equine piroplasmosis, Venezuelan equine encephalomyelitis, or equine

infectious anemia has occurred on the premises of origin or on

adjoining premises during the 60 days preceding exportation; and

(5) That, except as provided in Sec. 92.301(g):

(i) The horses have not been in any country listed in

Sec. 92.301(c)(1) as affected with CEM during the 12 months immediately

prior to their importation into the United States;

(ii) The horses have not been on any premises at any time during

which time such premises were found by an official of the veterinary

services of the national government of the country where such premises

are located, to be affected with CEM;

(iii) The horses have not been bred by or bred to any horses from

an affected premises; and

(iv) The horses have had no other contact with horses that have

been found to be affected with CEM or with horses that were imported

from countries affected with CEM.

(b) If a horse is presented for importation from a country where it

has been for less than 60 days, the horse must be accompanied by a

certificate that meets the requirements of paragraph (a) of this

section that has been 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 its shipment to the United States.

The dates during which the horse was in each country during the 60 days

immediately preceding its exportation to the United States shall be

included as a part of the certification.

(c) Following the port-of-entry inspection required by Sec. 92.306

of this part, and before a horse offered for importation from any part

of the world is released from the port of entry, an inspector may

require the horse and its accompanying equipment to be disinfected as a

precautionary measure against the introduction of foot-and-mouth

disease or any other disease dangerous to the livestock of the United

States.

Sec. 92.315 [Amended]

9. In Sec. 92.315, in the undesignated center heading ``CANADA

18'', footnote 18 and its reference in the center heading would be

redesignated as footnote 16.

Sec. 92.319 [Amended]

10. In Sec. 92.319, in the undesignated center heading ``COUNTRIES

OF CENTRAL AMERICA AND WEST INDIES 19'', footnote 19 and its

reference in the center heading would be redesignated as footnote 17.

Sec. 92.321 [Amended]

11. In Sec. 92.321, in the undesignated center heading

``MEXICO\20\'', footnote 20 and its reference in the center heading

would be redesignated as footnote 18.

Sec. 92.324 [Amended]

12. In Sec. 92.324, in the second sentence, footnote 21 and its

reference in the text would be redesignated as footnote 19.

Done in Washington, DC, this 30th day of May 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-13897 Filed 6-03-96; 8:45 am]

BILLING CODE 3410-34-P