[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52547-52548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21524]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2008-0112]
RIN 0579-AD31


Importation of Horses From Contagious Equine Metritis-Affected 
Countries

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; delay of enforcement and reopening of comment 
period.

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SUMMARY: We are reopening the comment period for an interim rule that 
amended the regulations regarding the testing requirements for 
importation of horses from countries affected with contagious equine 
metritis. We are also delaying the enforcement of all provisions of the 
interim rule until a final rule is published and effective. This action 
will allow interested persons additional time to comment on the interim 
rule and provide the Animal and Plant Health Inspection Service with 
time to make adjustments to the interim rule that may be necessary in 
order to successfully implement it.

DATES: Enforcement of the interim rule amending 9 CFR part 93, 
published at 76 FR 16683-16686 on March 25, 2011, and delayed until 
July 25, 2011, in a document published at 76 FR 31220-31221 on May 31, 
2011, is delayed until further notice. We will consider all comments 
that we receive on or before September 7, 2011. APHIS will publish a 
document in the Federal Register announcing any future action.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2008-0112-0020.
    <bullet> Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2008-0112, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.

Supporting documents and any comments we receive on this docket may be 
viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0112 
or in our reading room, which is located in room 1141 of the USDA South 
Building, 14th Street and Independence Avenue, SW., Washington, DC. 
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Ellen Buck, Senior Staff 
Veterinarian, Equine Imports, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 
734-8364.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals 
into the United States to prevent the introduction of communicable 
diseases of livestock and poultry. ``Subpart C--Horses,'' Sec. Sec.  
93.300 through 93.326, pertains to the importation of horses into the 
United States. Sections 93.301 and 93.304 of the regulations contain 
specific provisions for the importation of horses from regions affected 
with contagious equine metritis (CEM), which is a highly contagious 
venereal disease of horses and other equines caused by an infection 
with the bacterium Taylorella equigenitalis.
    On March 25, 2011, we published an interim rule in the Federal 
Register (76 FR 16683-16686, Docket No. APHIS-2008-0112) to amend the 
regulations regarding the importation of horses from countries affected 
with CEM by incorporating an additional certification requirement for 
imported horses 731 days of age or less and adding new testing 
protocols for test mares and imported stallions and mares more than 731 
days of age. The provisions of the interim rule became effective upon 
publication.
    On May 31, 2011, we published a document in the Federal Register 
(76 FR 31220-31221, Docket No. APHIS-2008-0112) to delay the 
enforcement of the interim rule until July 25, 2011. This action was 
taken after a request was made by affected entities to allow them 
additional time to adjust their operation procedures.

Delay of Enforcement

    Based on comments received following the March 2011 interim rule, 
we are considering two changes to the interim rule. The interim rule 
required that three sets of cultures from imported stallions be 
collected for the detection of the CEM organism, with negative results 
obtained from at least two sets prior to test breeding. However, based 
on the comments received, we are considering amending the requirement 
so that only one set of cultures would be collected from an imported 
stallion with negative results prior to test breeding. The purpose of 
culturing a stallion prior to test breeding is to reduce the risk of 
infecting a test mare. Therefore, test breeding should not take place 
until negative culture results have been reported. Under the 
regulations, a stallion may be released from CEM 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.
    The interim rule also required that three sets of cultures be 
collected from imported mares and test mares with an additional culture 
sample taken from either the distal cervix or the endometrium. Based on 
the comments received, we are considering replacing that requirement 
with a provision that would require a culture to be collected from the 
distal cervix or the

[[Page 52548]]

endometrium on the third set of cultures only.
    We are reopening the comment period for 15 days to allow additional 
public comment on the March 2011 interim rule, and we particularly 
welcome comments on the modifications we are considering to those 
requirements described above.
    Based on our review of the comments received to date, we consider 
it advisable to delay the enforcement of the interim rule until further 
notice. This additional time will allow APHIS to consider all comments 
and make adjustments to the interim rule that may be necessary in order 
to successfully implement it.
    Accordingly, enforcement of the interim rule amending 9 CFR part 
93, published at 76 FR 16683-16686 on March 25, 2011, and delayed until 
July 25, 2011, in a document published at 76 FR 31220-31221 on May 31, 
2011, is delayed until further notice.

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

    Done in Washington, DC, this 17th day of August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-21524 Filed 8-22-11; 8:45 am]
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