This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

62993 

Vol. 88, No. 177 

Thursday, September 14, 2023 

1To view the proposed rule, supporting 

document, and the comments we received, go to 

www.regulations.gov and enter APHIS–2016–0033 

in the Search box. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 93 

[Docket No. APHIS–2016–0033] 

RIN 0579–AE62 

Import Regulations for Horses 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations for the importation of 

equines. These changes include 

increasing the number of days horses 

exported from regions free from 

contagious equine metritis (CEM) are 

allowed to spend in a CEM-affected 

region and enter the United States 

without testing from 60 days to 90 days; 

requiring an import permit for horses 

transiting through CEM-affected regions; 

adding requirements for health 

certifications to ensure health 

certifications properly attest to the 

health of the imported horse; requiring 

that horses transiting Central America or 

the West Indies comply with the same 

regulations that apply to horses directly 

imported from these regions; and adding 

requirements for shipping containers 

used in transporting horses. We are also 

adding a number of miscellaneous 

changes to the regulations such as 

clarifications of existing policy or 

intent, and corrections of 

inconsistencies or outdated information. 

Many of these changes will better align 

our regulations with international 

standards and allow us and the equine 

industry more flexibility. The changes 

will also add further safeguards that 

protect against introducing or 

disseminating pests or diseases of 

livestock into the United States. 

DATES: Effective October 16, 2023. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Iwona Tumelty, VS Strategy and Policy, 

Live Animal Imports, VS, APHIS, 4700 

River Road Unit 39, Riverdale, MD 

20737–1231; 301–851–3300; 

Iwona.Tumelty@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the Animal Health Protection 

Act (AHPA, 7 U.S.C. 8301 et seq.), the 

Secretary of Agriculture may prohibit or 

restrict the importation or entry of any 

animal, article, or means of conveyance 

if the Secretary determines that the 

prohibition or restriction is necessary to 

prevent the introduction into or 

dissemination within the United States 

of any pest or disease of livestock. The 

AHPA also authorizes the Secretary to 

prohibit or restrict the use of any means 

of conveyance in connection with the 

importation or entry of livestock if the 

Secretary determines that the 

prohibition or restriction is necessary 

because the means of conveyance has 

not been maintained in a clean and 

sanitary condition or does not have 

accommodations for the safe and proper 

movement of livestock. 

The regulations in 9 CFR part 93 

(referred to below as the regulations) 

prohibit or restrict the importation of 

certain animals, including horses, as 

well as their means of conveyance, 

pursuant to the AHPA. 

On November 29, 2021, we published 

in the Federal Register (86 FR 67661– 

67669, Docket No. APHIS–2016–0033) a 

proposed rule 1 to amend the horse 

import regulations to better align them 

with international standards and 

improve flexibility for both the equine 

industry and the Animal and Plant 

Health Inspection Service (APHIS). The 

proposed changes included increasing 

the number of days horses exported 

from regions free from contagious 

equine metritis (CEM) are allowed to 

spend in a CEM-affected region and reenter the United States without testing 

from 60 days to 90 days; requiring an 

import permit for horses transiting 

through CEM-affected regions; adding 

requirements for health certifications to 

ensure health certifications properly 

attest to the health of the imported 

horse; removing the requirement that 

horses permanently imported from 

Canada undergo inspection at the port 

of entry; requiring that horses transiting 

Central America or the West Indies 

comply with the same regulations that 

apply to horses directly imported from 

these regions; adding requirements for 

shipping containers used in transporting 

horses; and a number of minor 

miscellaneous changes. 

We solicited comments concerning 

our proposal for 60 days ending January 

28, 2022. We received 28 comments by 

that date. They were from a veterinary 

association, a business, governing 

bodies for equestrian sports, breed 

associations, State departments of 

agriculture, a university, equine 

associations, trade organizations, and 

members of the public. 

Of the 28 submissions, 11 supported 

the rule, 1 did not support the rule, and 

16 posed questions or additional 

suggestions without expressly 

supporting or disagreeing with the rule. 

In response to the comments, we made 

a number of changes to the proposed 

rule that we are implementing in this 

final rule. These changes include the 

following: 

• Not proceeding with our proposal 

to remove, and instead maintaining, the 

requirement in § 93.317 that horses 

presented for permanent importation to 

the United States from Canada receive 

an inspection prior to entry; 

• Not proceeding with our proposal 

to require a certificate of castration 

including date of castration and removal 

of both testicles from all gelded horses 

in § 93.314; 

• Not proceeding with our proposed 

amendments to § 93.301(d), which 

would have required additional details 

in documentation for imported Spanish 

pure breed horses from Spain and racing 

thoroughbred horses from France, 

Germany, Great Britain, the Republic of 

Ireland, and Northern Ireland; 

• Removing Los Angeles, California, 

and Miami, Florida from the list of air 

and ocean ports that APHIS has 

designated for the importation of horses 

in § 93.303(a); 

• Removing the lists of border ports 

and limited ports in § 93.303(b) through 

(d) and adding instead a link to the 

APHIS website which contains the most 

up-to-date information regarding ports; 

• Amending § 93.301(g)(1)(iii) to 

clarify that breeding of the horse must 

never have been attempted, either live 

or artificial; 


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2World Organization for Animal Health (WOAH) 

(formerly referenced as OIE). 

• Amending § 93.301(f)(5)(v) to state 

that seals may also be broken by a State 

animal health official; 

• Adding new § 93.301(e)(2)(ii) to 

state that stallions and mares must be 

transported to the approved State in a 

sealed vehicle, and that the seal may be 

broken only by an APHIS 

representative, State animal health 

official, or accredited veterinarian under 

certain circumstances, at the horse’s 

destination; 

• Amending § 93.302(a)(4) to add the 

World Organization for Animal Health’s 

(WOAH’s) 2 Terrestrial Animal Health 

Code as another example of guidance 

that may be used to meet a shipping 

container performance standard; 

• Correcting the section heading of 

§ 93.304; 

• Amending § 93.306 to clarify that 

APHIS will refuse entry to horses 

arriving in the same shipment as horses 

dead upon arrival; 

• Amending § 93.308 to clarify that 

horses imported from regions where 

African horse sickness exists must 

obtain an import permit; and 

• Amending § 93.314 to clarify that 

all horses described in § 93.301 that are 

allowed to enter the United States from 

a CEM-affected region under special 

provisions are not required to state on 

their health certificate that they have 

not been in a CEM-affected region prior 

to export. 

The comments that we received, as 

well as details of the changes we made 

in response to the comments, are 

discussed below by topic. 

Temporary Export to CEM-Affected 

Countries 

We proposed to amend § 93.301(g) by 

increasing the number of days horses 

from the United States or other regions 

not known to be CEM-affected are 

allowed to spend in a CEM-affected 

region and re-enter the United States 

without testing from 60 days to 90 days. 

One commenter believed APHIS was 

decreasing the amount of time a horse 

from a CEM-affected region was held in 

quarantine from 90 days to 60 days, and 

stated that horses should be made to 

stay the full 90 days to decrease risk of 

exposure. Another commenter disagreed 

with this interpretation and stated that 

the proposed rule referred to the amount 

of time a horse from the United States 

or a region not affected with CEM can 

spend in CEM-affected regions without 

needing to undergo CEM testing prior to 

entry into the United States, rather than 

time in quarantine upon reentry. 

The latter commenter’s interpretation 

is correct. APHIS is not decreasing the 

amount of time an animal is required to 

spend in quarantine after returning from 

the CEM-affected region. Rather, APHIS 

is making changes to special provisions 

applicable to horses from CEM-free 

countries temporarily exported to CEMaffected countries that do not have to 

undergo CEM testing or CEM quarantine 

upon arrival, provided they meet certain 

conditions. These conditions include 

extensive documentation ensuring that 

the horse was not exposed to CEM 

during its temporary exportation. APHIS 

proposed to extend the days of 

temporary exportation to a CEM-affected 

region from the current 60 days to 90 

days with regard to these special 

provisions. As the extensive 

documentation of the horse’s health 

status and movement during its 

exportation provides assurance that the 

horse was not exposed to CEM, this 

change will not increase the risk of 

introducing animal disease into the 

United States. 

One commenter disagreed with 

extending the period of temporary 

export from 60 to 90 days, calling it 

careless. 

APHIS had proposed this change to 

better align our regulations with the 

typical competition cycle—the 

competition cycle is often more than 60, 

but no more than 90, days. As stated in 

the proposed rule, APHIS found that the 

risk of horses introducing CEM to the 

United States would continue to be 

minimal if the temporary export period 

was increased to 90 days. The most 

significant safeguards against these 

horses introducing CEM into the United 

States are the attestations required by 

the health certificate in the current 

regulations, rather than the amount of 

time the horses may spend in a CEMaffected region. As these attestations 

ensure that horses have not had the 

opportunity to breed nor have any 

genital contact, and CEM is spread 

through these means, we consider these 

attestations to be effective mitigations 

against the introduction of CEM. 

Limiting the period of temporary export 

is an additional risk mitigation that 

supplements the mitigation of the health 

certificate. 

CEM Testing 

We proposed a number of 

miscellaneous changes to the 

regulations regarding test breeding 

required for horses entering the United 

States from CEM-affected countries. 

These included correcting an 

inconsistency between the requirements 

in § 93.301(e)(3) and (5) for mares and 

stallions by specifying that samples 

from stallions must also be collected by 

an accredited veterinarian. 

One commenter supported adding to 

the regulations that samples collected 

from a stallion must be from a qualified 

trained individual such as an accredited 

veterinarian, but suggested adding 

flexibility to the regulations to allow 

States to approve qualified individuals 

to take samples as required in 

§ 93.301(e)(3)(i). 

We appreciate the suggestion. 

However, the purpose of this change 

was only to align the requirements for 

mares and stallions. We may look into 

addressing the issue of increased 

flexibility for States with regards to 

collecting samples in a future action. 

One commenter requested 

clarification as to who is an accredited 

veterinarian. 

The proposed addition of the term 

‘‘accredited veterinarian’’ to 

§ 93.301(e)(3) refers to the individual 

collecting samples from stallions during 

test breeding in a State following the 

horse’s export to the United States. As 

stated in the definition of the term in 

§ 93.300, an accredited veterinarian is a 

veterinarian approved by the 

Administrator in accordance with the 

provisions of 9 CFR part 161 to perform 

specific outlined functions. 

One commenter suggested adding 

polymerase chain reaction (PCR) testing 

for CEM to the approved disease 

screening protocols. 

APHIS is constantly monitoring test 

methods for possible approval. At this 

time, PCR tests for CEM are not 

validated by the National Veterinary 

Services Laboratories (NVSL), the 

reviewing party within APHIS for tests 

of diseases of concern for livestock. 

One commenter suggested that retired 

racing stallions repatriated to the United 

States to accredited sanctuaries should 

not have to undergo test breeding for 

CEM. 

We understand that racing stallions 

may come to the United States to retire 

and find test breeding onerous. 

However, our CEM testing requirements 

are critical to ensuring that the United 

States is protected against the 

introduction of foreign animal disease. 

We also note that, under certain 

circumstances, retiring racehorses may 

not have to undergo test breeding. For 

example, if the retiring racehorse is a 

racing thoroughbred that meets the 

requirements of § 93.301(d), which 

pertains to Spanish Pure Breed horses 

from Spain and thoroughbred horses 

from France, Germany, Great Britain, 

the Republic of Ireland, and Northern 

Ireland imported for permanent entry 

from CEM-affected regions, the horse 

does not have to undergo CEM test 

breeding upon arrival to the United 

States. 


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3At the time of the proposed rule’s publication, 

these regions were characterized as ‘‘France, 

Germany, Ireland, and the United Kingdom,’’ and 

were referred to as such in our proposed rule and 

by commenters. A final rule published in the 

Federal Register on August 16, 2021 (86 FR 45621– 

45629, Docket No. APHIS–2021–0003) updated the 

regulations to treat Great Britain (England, 

Scotland, and Wales) and Northern Ireland as 

separate entities following the exit of the United 

Kingdom (UK) from the European Union. 

One commenter stated that test 

breeding for CEM in general should be 

reconsidered, calling the practice 

‘‘inhumane’’ and stating that 

advancements in science have resulted 

in more humane methods to test for 

CEM. 

We are constantly monitoring the 

development of new testing methods 

and look to adopt new methods when 

they are validated. At this time, test 

breeding has been determined to be the 

most reliable method to ascertain 

whether horses are affected with CEM 

and therefore to protect the United 

States against the introduction of foreign 

animal disease. 

Horses From CEM-Affected Countries 

We proposed a number of 

miscellaneous changes to the 

regulations regarding horses entering 

the United States from CEM-affected 

countries. 

These included changes to paragraph 

(d) of § 93.301, which governs the 

importation of Spanish pure breed 

horses from Spain and racing 

thoroughbred horses from France, 

Germany, Great Britain (England, 

Scotland, and Wales), the Republic of 

Ireland, and Northern Ireland,3

stipulating verification and 

documentation requirements that these 

horses must meet to qualify for 

exemption from the prohibition on 

importation of horses from CEMaffected regions. We proposed to amend 

§ 93.301(d) to increase the level of 

detail in the verification and 

documentation requirements for these 

horses. Our proposal included requiring 

that, for Spanish pure breed horses, the 

health certificate state that the horses 

have been in Spain for a minimum of 60 

days immediately prior to export; and 

for racing thoroughbreds from France, 

Germany, Ireland, and the United 

Kingdom, that the health certificate state 

that the horses have been in one or more 

of these countries for a minimum of 60 

days immediately prior to export. Our 

proposal also included adding to the 

regulations the words ‘‘and 

identification’’ after the word 

‘‘activities’’ in the description of the 

information the veterinarian issuing the 

health certificate is required to examine; 

adding to the regulations the words 

‘‘including the competition or event 

records’’ after the words ‘‘the records 

kept by the trainer’’ in the description 

of the records the veterinarian is 

required to examine; and clarifying that 

the prohibition on attempted breeding 

that the veterinarian is required to 

ensure has not occurred applies to both 

live and artificial breeding. We also 

proposed to make an editorial change to 

paragraph (d) by adding the word 

‘‘racing’’ in front of the words 

‘‘thoroughbred horses from France, 

Germany, Ireland, and the United 

Kingdom.’’ 

One commenter asked about the 

significance of adding the word 

‘‘racing’’ before ‘‘thoroughbreds.’’ 

Another commenter stated that the 

requirements that racing thoroughbreds 

from a CEM-affected country must meet 

to compete temporarily in the United 

States are excessive and a financial 

burden. 

We have decided not to proceed with 

our proposed changes to § 93.301(d). 

Since the close of the comment period, 

APHIS has discovered a high degree of 

noncompliance with the current 

verification and documentation 

requirements in § 93.301(d). While we 

have strengthened our guidance to 

importers and remediated the noncompliance on a case-by-case basis thus 

far, and while we are still evaluating the 

full basis for this non-compliance, the 

fact that the horses to which these 

regulations apply move so rapidly 

between countries is a contributing 

factor, since this alacrity and frequency 

of movement makes it challenging for 

importers to provide the required 

verification and documentation. We 

believe that the proposed amendments 

could exacerbate that problem by 

adding to the current verification and 

documentation requirements. We do not 

want to proceed with the proposed 

amendments without first evaluating 

how to increase compliance. 

To address this issue, we intend to 

undertake a holistic evaluation of the 

requirements in this section. We will 

propose any revisions to § 93.301(d) 

resulting from this evaluation at a future 

date. 

Until such rulemaking is 

promulgated, the provisions of current 

§ 93.301(d) will remain in effect. 

Two commenters stated that the 

approved breed association for France 

should be updated to France Galop. 

A final rule published in the Federal 

Register on August 16, 2021 (See 

footnote 3) updated the regulations to 

list France Galop as the approved breed 

association for France. 

A commenter stated that some States 

want to seal doors and barns shut as 

part of their protocol for keeping a 

competition horse separated from other 

horses, and that this is a liability in the 

case of situations such as fires. 

Event organizers routinely discuss 

emergency protocols in the case of 

unforeseen circumstances such as fires 

prior to competition events to ensure 

the wellbeing of competition horses. 

Because this contingency planning is a 

routine business practice, we do not 

believe that our requirements to keep 

competition horses separate from other 

horses place horses at an increased risk 

of harm in the case of emergencies. 

Two commenters asked for the United 

States and other CEM-free countries to 

be added to the temporary import 

exemption provisions for racing 

thoroughbreds residing in France, 

Germany, Ireland, and/or the United 

Kingdom. 

As the provisions that the commenter 

refers to in § 93.301(d) pertain to the 

importation of a horse from outside the 

United States into the United States, 

adding provisions governing reentry of 

domestic horses to the paragraph would 

not be warranted or appropriate. 

Additionally, at this time, we cannot 

consider adding other countries because 

a comprehensive evaluation of adequate 

and reliable recordkeeping on the health 

history of horses in the country would 

need to be completed. If a country 

requests to be added to this list, and 

APHIS confirms their maintenance of 

accurate and reliable recordkeeping, 

APHIS will consider additional changes 

to the regulations. Currently, APHIS 

evaluates requests for exemptions for 

horses from other countries on a caseby-case basis. 

We also note that meeting the 

requirements of § 93.301(d) for racing 

thoroughbred horses from France, 

Germany, Great Britain (England, 

Scotland, and Wales), the Republic of 

Ireland, and Northern Ireland is not the 

only way horses can receive an 

exemption from CEM provisions. U.S.- 

origin horses may travel to a CEMaffected country for a specified period of 

time for competition and return without 

having to complete CEM testing or 

quarantine if the horse meets the 

requirements outlined in § 93.301(g). 

One commenter asked whether a 

competition horse that spends 90 days 

in the European Union and qualifies for 

the CEM testing exemption in 

§ 93.301(g) can return multiple times 

within 12 months to the European 

Union and continue to qualify for the 

CEM testing exemption. 

Section 93.301(g) allows U.S.-origin 

horses to travel to CEM-affected regions 

for a maximum of 90 days at a time. The 

number of 90-day trips that a U.S.-origin 


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4The Terrestrial Animal Code is available at 

https://www.woah.org/en/what-we-do/standards/ 

codes-and-manuals/terrestrial-code-online-access/. 

horse can take within this 12-month 

period is not restricted by the 

regulations. 

One commenter requested that, in 

addition to breeding and sexual contact, 

we add semen collection as a prohibited 

practice for horses temporarily exported 

to CEM-affected countries who can reenter the United States without testing. 

The commenter noted that CEM can be 

transmitted through artificial 

insemination (which involves semen 

collection). 

Because CEM can be spread through 

semen regardless of the method of 

insemination, we agree with the 

commenter and consider artificial 

breeding a form of breeding. We have 

revised the prohibition on breeding in 

§ 93.301(g)(1)(iii) to specify that 

breeding of the horse must never have 

been attempted, whether live or 

artificial. 

One commenter asked that we modify 

§ 93.301(f)(5)(v), which governs transit 

within the United States for horses 

temporarily imported for competition or 

entertainment purposes, to allow State 

animal health officials to break seals on 

sealed vehicles due to the varying 

availability of APHIS representatives in 

different States. 

We agree with the commenter and 

will add to the regulations that seals 

may also be broken by a State animal 

health official. As these individuals are 

also trained in preventing the 

introduction or dissemination of animal 

disease, this will not increase the risk of 

introducing CEM into the United States. 

The commenter also asked that we 

add a requirement that trailers 

transporting horses from Federal to 

State CEM quarantine be sealed, as this 

is a routine practice and the explicit 

addition to the regulations would help 

with enforceability. 

As we stated in the proposed rule, one 

of the aims of the rule was to clarify 

existing policy or intent with regard to 

our regulations governing the 

importation of equines. We agree with 

the commenter that the requirement 

requested does reflect current 

operational practice for transport of 

horses from Federal CEM quarantine to 

State CEM quarantine, and thus fits 

within this articulated rubric. 

Accordingly, we will add a new 

§ 93.301(e)(2)(ii) to state that stallions 

and mares must be transported to the 

approved State in a sealed vehicle, and 

that the seal may be broken only by an 

APHIS representative or a State animal 

health official at the horse’s destination. 

If an APHIS representative or State 

animal health official is unavailable to 

break the seal due to extenuating 

circumstances, the State animal health 

official may designate the authority to 

unseal to an accredited veterinarian and 

the State animal health official will 

assume the responsibility for oversight 

and recordkeeping. 

Two commenters asked us to require 

that a horse’s final destination in the 

United States following CEM quarantine 

release be listed on the horse’s import 

permit. 

This requirement is already captured 

in the eFile application system. We are 

currently in the process of phasing out 

the ePermits system and replacing it 

with eFile. 

Shipping Containers 

We proposed to add additional 

requirements for shipping containers to 

§ 93.302 by adding disinfection 

requirements and measures to ensure 

that horses are transported safely. We 

proposed to present these requirements 

as performance standards, and referred 

individuals to the Live Animals 

Regulations (LAR), as amended, 

published by the International Air 

Transport Association (IATA) for 

optional guidance on how to meet these 

requirements. We also proposed that, if 

an importer wished to use alternative 

means of meeting the requirements 

other than those in the LAR, they would 

be able to contact APHIS Live Animal 

Imports to ask for approval. Five 

commenters suggested that APHIS 

develop its own standards for shipping 

containers or add more details to 

regulations, rather than using a 

performance standard and referring 

individuals to the LAR published by the 

IATA for guidance. These commenters 

cited ambiguity inherent to performance 

standards, and the high cost of 

purchasing the LAR as concerns. 

Performance standards allow for the 

possibility of a variety of means in order 

to meet them. As one of the commenters 

noted, the various breeds, sizes, and 

ages of horses shipped make one-sizefits-all requirements for shipping 

containers difficult. If importers are 

unsure whether they have met the 

performance standard, they can contact 

APHIS Live Animal Imports to ask for 

approval by phone at (301) 851–3300, 

option 2, or by email at LAIE@usda.gov. 

If, in the future, we believe that 

additional clarification would be 

helpful, we may look into the 

development of further policy. 

Regarding costs, importers are not 

required to use the LAR published by 

the IATA to meet the performance 

standard. Individuals may contact 

APHIS Live Animal Imports to ask for 

approval of a particular shipping 

container by the methods outlined 

above, without recourse to the examples 

of guidance that we provide in the 

regulatory text. 

That being said, we acknowledge 

commenters’ concerns about the 

accessibility of the LAR and recognize 

that the regulations as written in our 

proposal may have incorrectly given 

importers the impression that using the 

LAR is preferred over other means of 

meeting the performance standard. In 

response to these concerns, we are 

amending the regulatory text to add that 

the WOAH’s Terrestrial Animal Health 

Code may also be used to meet the 

performance standard. The Terrestrial 

Animal Health Code can currently be 

accessed online 4 at no cost, and also 

meets the standards for shipping 

containers that we have laid out in the 

regulations. 

One commenter asked us to add a 

provision giving APHIS the authority to 

test shipping containers for disease. 

The existing regulation, redesignated 

as § 93.302(b) in this rule, allows 

inspectors to inspect whether a means 

of conveyance, including shipping 

containers, are contaminated with 

material that could introduce or 

disseminate any communicable animal 

disease. This gives APHIS the authority 

to test shipping containers for disease, 

if necessary. Our addition of specific 

cleaning and disinfection requirements 

in § 93.302(a) further ensures that 

biosecurity is upheld. 

Horses From Canada 

We proposed to remove the 

requirement in § 93.317 that horses 

presented for permanent importation to 

the United States from Canada receive 

an inspection prior to entry. 

Four commenters expressed concern 

about our proposed removal of the 

inspection requirement for horses 

permanently imported from Canada. 

These commenters raised the possibility 

that horses that enter Canada from a 

different country would then be able to 

circumvent the health requirements for 

horses permanently entering the United 

States from that country. One additional 

commenter disagreed with our proposal 

without citing a reason. 

We acknowledge the possibility of the 

commenters’ concerns, as our proposed 

change would have allowed the 

importation of horses from Canada 

without inspection, which could 

present a risk of disease introduction in 

the event the horse originates from a 

higher risk region of the world. In light 

of the commenters’ response, we will 

not proceed with this proposed change. 


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5The terms ‘‘castrated’’ and ‘‘gelded’’ are 

equivalent and are used interchangeably in this 

document. 

Horses permanently imported into the 

United States from Canada will 

continue to undergo the currently 

required inspection at the port of entry. 

We will, however, proceed with making 

nonsubstantive editorial changes to 

paragraph (a) of § 93.317 to reflect a 

paragraph redesignation and to improve 

readability. 

Transiting Horses 

We proposed to amend 

§ 93.304(a)(1)(i) by adding horses 

transiting CEM-affected regions to the 

list of horses requiring an import 

permit. We also proposed to amend 

§ 93.319 by adding horses transiting 

Central America and the West Indies as 

horses requiring an import permit. 

One commenter stated that they 

agreed that horses imported from 

Central America and the West Indies 

should comply with the regulations. 

We would like to clarify that we 

proposed a change to horses transiting 

these regions. The requirements already 

apply to horses directly imported from 

these regions. 

Five commenters asked us to define 

the term ‘‘transiting,’’ as its meaning in 

the regulations may vary depending on 

the type of horse. 

The regulations pertaining to different 

types of transiting horses are contained 

in the specific sections for each type of 

transiting horse, and the meaning of the 

term ‘‘transiting’’ is contextually clear 

within each section. If individuals have 

specific questions regarding these 

requirements, they can contact APHIS 

Live Animal at LAIE@usda.gov. 

Certificate of Castration 

We proposed to add to § 93.314 that 

health certificates must confirm that the 

horse has not been castrated during the 

14 days preceding exportation. We also 

proposed to require that all castrated 

horses be accompanied by a certificate 

of castration that includes the date of 

castration and confirmation that both 

testicles have been removed. 

Five commenters expressed concern 

that a certificate of castration including 

a date of castration could be difficult or 

impossible to obtain, especially for 

horses castrated years in the past or that 

have had multiple owners. 

We agree with the commenters’ 

concerns regarding the collection of this 

information. Written confirmation that 

the horse has not been castrated 5 within 

the past 14 days will be sufficient to 

mitigate the risks associated with 

transporting recently castrated horses. 

We will not proceed with our proposal 

to require a certificate of castration 

including date of castration and removal 

of both testicles from all gelded horses. 

One commenter asked for additional 

clarification on the certificate of 

castration requirement, asking about the 

required level of detail and whether an 

updated passport indicating the horse 

was castrated would suffice. 

As noted above, we will only require 

confirmation that the horse has not been 

castrated within the 14 days preceding 

export. An updated passport would not 

fulfill this requirement. The attestation 

must be completed by a salaried 

veterinary officer of the national 

government of the region of origin, or as 

otherwise specified in § 93.314, and 

may come in the form of an attestation 

on the health certificate, or as an 

addendum to the health certificate that 

accompanies the horse upon arrival. 

Pre-Export Exam 

We proposed to require 

documentation stating that the preexport examination required by § 93.314 

occurred within 48 hours of the horse’s 

export. 

Three commenters expressed concern 

about the proposed requirement to 

complete the pre-export examination 

within 48 hours of the horse’s export if 

the horse’s travel time from point of 

origin to port of embarkation exceeds 48 

hours, particularly in the case of long 

layovers or flight delays. One of these 

commenters also asked for clarification 

on whether the 48-hour window 

referred to the expected or actual 

departure time. 

APHIS is requiring that horses 

complete a pre-export exam within 48 

hours of export because an increasing 

number of horses are being imported 

into the United States that are sick or 

injured and noncompliant with the 

regulations. Not only does this pose a 

risk of introducing into or disseminating 

within the United States pests or 

diseases of livestock, but it also 

increases quarantine time and user fees 

for stakeholders. We believe that 

requiring horses to receive a pre-export 

exam within this timeframe will help 

mitigate these problems. 

Because horses are required by 

§ 93.314(b) to obtain a health certificate 

from each region in which they have 

been present during the 60 days prior to 

their shipment to the United States, 

horses that have an extended layover are 

currently required to obtain a health 

certificate from the country in which 

they had a layover. Therefore, the 

addition of a requirement of a preexport exam completed within 48 hours 

does not impose an additional 

requirement in this situation. 

Horses must be inspected within 48 

hours of their actual departure time. To 

clarify what we meant by ‘‘within 48 

hours of export’’ in the proposed rule, 

we will update § 93.314(a)(5) to replace 

the phrase ‘‘of export’’ with the phrase 

‘‘of departure from the port of 

embarkation.’’ Extenuating 

circumstances, such as flight delays, are 

handled by APHIS on a case-by-case 

basis, as provided for by the current 

regulations in § 93.301(a). 

Identification 

We proposed to add the phrase ‘‘or 

other permanent identification 

approved by APHIS’’ to the requirement 

in § 93.301(e)(4) that mares used to test 

stallions for CEM be marked with the 

letter ‘‘T’’. 

Five commenters asked that we add 

International Standards Organizationcompliant microchips to the list of 

approved permanent means of 

identification for test mares in 

§ 93.301(e)(4)(i). 

As stated in the proposed rule, 

individuals will be able to contact 

APHIS Live Animal Imports by email at 

VS.CEM.DATA@usda.gov to seek 

approval of alternative permanent 

means of identification, including 

microchips. APHIS will work with 

stakeholders to ensure that this process 

is as efficient and expeditious as 

possible. As of now, APHIS has not 

evaluated whether microchips would be 

a viable method of identification in all 

instances. 

Three of these commenters also asked 

that we clarify how individuals can 

request U.S. Department of Agriculture 

(USDA) approval of alternative forms of 

permanent identification for test mares. 

As stated in the proposed rule, 

individuals may request approval of 

alternative permanent means of 

identification by contacting APHIS Live 

Animal Imports by email at 

VS.CEM.DATA@usda.gov. 

Two commenters suggested that 

APHIS create a process through which 

States could seek permanent approval 

for an alternative type of permanent 

identification device to be used in that 

State. 

At this time, limited agency resources 

do not make the creation of such a 

process practicable. However, we will 

continue to work with our State partners 

to ensure that the process for 

considering the approval of an 

alternative means of identification is as 

efficient and expeditious as possible. 

One commenter sought clarification 

on why importers would be interested 

in using other means of permanent 


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identification for test mares, and added 

that microchips are an acceptable form 

of identification. 

Currently, the regulations only allow 

test mares to be identified by being 

marked with the letter ‘‘T’’. Microchips 

are not listed as an acceptable form of 

permanent identification. Our change 

allows for the possibility of using 

permanent identification methods other 

than branding, such as microchips. 

One commenter stated that photos of 

detailed markings of test mares should 

be collected to correlate with microchip 

identification information. 

Approval of microchipping as a form 

of identification, including the specifics 

of recordkeeping involved in 

microchipping, will be considered on a 

case-by-case basis. 

One commenter requested that we 

remove all references to eartags as a 

means of identification in part 93, as a 

horse is unlikely to have one, and they 

are insufficient for traceability. 

The only reference to eartags in part 

93 occurs in § 93.304, where they are 

listed as an example of identifying 

information about a horse to include on 

an import permit. We acknowledge that 

eartags are not a frequently used method 

of identification. However, in order to 

account for rare circumstances, to 

ensure that import permits include all 

possible relevant identifying 

information, and to retain consistency 

with the domestic animal traceability 

regulations in 9 CFR part 86, we will 

continue to list eartags as an accepted 

method of identification. 

Quarantine 

We proposed miscellaneous minor 

changes to regulations related to horses 

entering quarantine, including clarifying 

that horses originating from regions in 

which Venezuelan equine 

encephalomyelitis or screwworm is 

declared to exist may not complete 

quarantine in temporary, privatelyowned quarantine facilities. 

Two commenters asked that we 

remove the requirement for importers to 

use a trust fund agreement or escrow 

account agreement for quarantined 

horses and instead require these 

individuals to incur and pay user fees. 

This is outside of the scope of this 

rulemaking. 

One commenter asked us to consider 

specific measures to better ensure that 

horses completing quarantine following 

importation into the United States meet 

a destination State’s import criteria 

prior to being moved into the State, as 

required by § 86.5. 

This is also outside of the scope of 

this rulemaking. 

Five commenters asked us to allow 

horses that receive non-negative tests for 

quarantine diseases to move to other 

facilities that better serve their health 

and wellness needs while waiting for a 

re-test. 

Horses must remain in quarantine 

facilities for the full length of time 

prescribed by APHIS to ensure that no 

communicable animal diseases enter the 

United States. APHIS determines these 

quarantine requirements using the best 

available science regarding the diseases 

of concern. At the same time, APHIS 

works to address the health and 

wellbeing needs of horses in the 

quarantine facilities it operates. 

Privately owned quarantine facilities 

must meet the standards outlined in 

§ 93.308(c) to also address these needs 

before being approved by APHIS. 

Additionally, APHIS representatives 

work with importers to make sure the 

needs of horses are met while they are 

in quarantine. 

One commenter stated that provisions 

need to be made for horses that arrive 

ill or injured, or become sick or are 

injured while in import quarantine, and 

require veterinary care beyond what can 

be provided at the quarantine facility. 

This is standard practice in 

quarantine facilities. When horses 

exhibit signs of illness or injury upon 

arrival or during import quarantine, 

importers are responsible for bringing in 

an accredited veterinarian to examine 

and treat the animal. If the accredited 

veterinarian determines that the horse 

needs advanced care at a veterinary 

hospital, the horse is transported to a 

veterinary hospital approved by APHIS 

to treat horses under import quarantine. 

Two commenters stated that horses 

that test negative for regulated diseases 

during quarantine but that exhibit signs 

of other illness and require treatment at 

an approved veterinary hospital should 

have less stringent quarantine 

requirements than untested horses. 

Our quarantine requirements are 

based on the best available scientific 

understanding of communicable 

diseases of horses. Testing is just one 

part of the quarantine process. 

Observation under isolation for the 

requisite period of time is also essential, 

as horses that test negative for regulated 

diseases may still be sick with other 

infectious or emerging diseases and 

pose a risk to domestic livestock. 

Therefore, this suggestion is not 

practicable at this time. However, we 

may look further into this suggestion in 

the future. 

Three commenters stated that USDA 

should dedicate resources to pursue 

advancing diagnostic testing capabilities 

for equine import testing, particularly 

for dourine and glanders diagnostic 

tests. 

We are continuously working with 

NVSL to build capacity and develop 

diagnostic testing capabilities for equine 

import testing. 

Two commenters requested that 

USDA maintain a system of recording 

and reporting abnormal health events 

that would be used to notify animal 

health officials in the state of the horse’s 

destination, as recommended by the 

U.S. Animal Health Association’s 

(USAHA) Committee on Equine. 

We appreciate the suggestion and are 

working closely with stakeholders and 

other relevant parties to discuss 

USAHA’s requests. We also note that 

APHIS currently has a protocol in place 

for recording and notifying State animal 

health officials of adverse health events 

in imported equines. 

Three commenters asked that we 

define the terms ‘‘Federal quarantine,’’ 

‘‘private quarantine,’’ and ‘‘temporary 

private quarantine.’’ 

The terms ‘‘permanent, privately 

owned quarantine facility’’ and 

‘‘temporary, privately owned quarantine 

facility’’ are defined in § 93.300. These 

definitions distinguish these facilities 

from Federal quarantine facilities, 

which are facilities directly operated by 

APHIS. 

Three commenters requested the 

removal of a reference to allowing 

exercise equipment in horses’ stalls in 

permanent, privately owned quarantine 

facilities, as this may compromise the 

safety of the horse. One of these 

commenters also asked APHIS to allow 

horses other opportunities for exercise 

in both privately owned and Federal 

quarantine facilities. 

Section 93.308(c)(3)(ii)(G) allows 

exercise equipment to be kept in the 

stall with the horse in permanent, 

privately owned quarantine facilities 

only if there will still be sufficient space 

within the stalls for the horse to move 

freely once the equipment is installed. 

Port officials work with owners to 

ensure the safety of the horse in these 

situations. When there are reasonable 

requests to allow a horse other forms of 

exercise during quarantine, such as 

exercise within the lot-holding area, 

APHIS evaluates the request for 

feasibility and compliance with the 

regulations, and works collaboratively 

with the horse’s owner, importer, or 

other responsible party to address the 

request. 

One commenter asked us to consider 

allowing horses from VEE-affected and 

screwworm-affected countries to 

quarantine in temporary, privately 

owned quarantine facilities. 


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As stated in the preamble to the 

proposed rule, horses from VEE- or 

screwworm-affected countries cannot 

complete quarantine in temporary, 

privately owned quarantine facilities 

because the performance requirements 

for these facilities are not sufficient to 

safeguard against vector-borne foreign 

animal diseases (which include 

screwworm, VEE, and African horse 

sickness). 

Screwworm 

We proposed to move the screwworm 

regulations from § 93.301 to § 93.308 

and make a minor correction and 

clarification. 

One commenter stated they supported 

the creation of a screwworm section. 

We would like to clarify for the 

commenter that, as stated in the 

preamble to the proposed rule, we are 

not creating a new section regarding 

screwworm, but rather moving the 

existing regulations regarding 

screwworm to a different section and 

adding minor corrections and 

clarifications. 

One commenter stated that, if USDA 

allows for exemptions from the 7-day 

screwworm import quarantine 

requirements, then a screwworm 

examination by the accredited 

veterinarian must be required prior to 

quarantine release. 

We did not propose to add an 

exemption to the 7-day screwworm 

quarantine requirement in the 

regulations. The regulations continue to 

require that horses from screwwormaffected countries complete a minimum 

of 7 days in quarantine. 

The commenter also requested that 

we allow a 3-day quarantine instead of 

7-day quarantine for horses that stop in 

a screwworm-affected country for a 

plane to refuel. Another commenter 

asked why horses from Australia or New 

Zealand are required to complete a 7- 

day quarantine if they transit a 

screwworm-affected country, while 

horses from certain screwworm-affected 

regions are allowed a shorter quarantine 

period. 

As stated above, we did not propose 

substantive changes to the screwworm 

regulations. Therefore, the length of 

time a horse from a screwworm-affected 

country spends in quarantine is outside 

the scope of this rulemaking. 

Other Comments 

Two commenters noted that the lists 

of ports of entry for horses in § 93.303 

were not accurate or did not match 

those listed on the APHIS website. 

The commenters are correct that this 

information is not up to date in the 

regulations. Because ports have 

historically opened or closed more 

frequently than could be updated via 

rulemaking, resulting in inaccurate 

information in the regulations, and 

because the proposed rule in several 

instances discussed activities that must 

take place at an approved port of entry 

in order for a horse to be validly 

imported, it is important for clear and 

unambiguous implementation of this 

final rule that the lists of such ports of 

entry be up to date. Accordingly, we 

will remove the lists of Canadian border 

ports in paragraph (b), Mexican border 

ports in paragraph (c), and limited ports 

in paragraph (d) in § 93.303 and add 

instead a link to the APHIS website 

(https://www.aphis.usda.gov/aphis/ 

ourfocus/importexport/animal-importand-export/equine), which contains the 

most up-to-date information regarding 

ports. In each of these three paragraphs 

from which we are removing the lists of 

ports, we will note that changes to the 

list of approved ports will be announced 

through notices published in the 

Federal Register. 

Additionally, we will add this link to 

paragraph (e), which contains 

information about ports for horses to be 

quarantined at privately owned 

quarantine facilities, but does not 

currently include a list of these ports or 

information about where such a list may 

be found. We will also update the list 

of air and ocean ports in paragraph (a) 

to remove Los Angeles, California and 

Miami, Florida, as these ports no longer 

have APHIS-operated inspection and 

quarantine facilities for horses. 

One commenter stated they had 

concerns about the validity of the list of 

VEE-affected countries when some 

countries fail to report disease outbreaks 

to the WOAH. Four other commenters 

expressed concern about the reliability 

of all the lists of countries affected by 

regulated equine diseases that APHIS 

maintains. 

The WOAH is not the only source 

APHIS relies on to determine a 

country’s disease status. As stated in 

§ 93.308(a)(1)(ii), APHIS will add a 

region to the list of VEE-affected regions 

based on reports we receive of outbreaks 

of the disease from veterinary officials 

of the exporting country, from WOAH, 

or from other sources the Administrator 

determines to be reliable. The same is 

true for lists of regions where 

screwworm, African horse sickness, and 

CEM are considered to exist. 

One commenter asked for further 

clarification on how APHIS deals with 

horses dead upon arrival, and asked us 

to add to the regulations that APHIS has 

the authority to require diagnostic 

testing for horses arriving in the same 

shipment as a dead horse to ensure that 

these horses were not exposed to an 

infectious, contagious condition. 

As clarified in the proposed rule, 

APHIS will refuse entry to horses that 

are found to be dead upon presentation 

at the port of entry. The commenter’s 

concern about horses arriving in the 

same shipment as a dead horse is 

warranted, as these horses pose an 

increased risk of introducing animal 

disease into the United States. 

Diagnostic testing for these horses 

would not be feasible, as determining 

what additional testing and quarantine 

would be necessary to mitigate disease 

risk would require a necropsy of the 

dead horse, and dead horses are refused 

entry. To address the disease risk that 

the commenter raises, we will add the 

phrase ‘‘and horses arriving in the same 

shipment as such horses’’ after the 

phrase ‘‘horses dead upon presentation’’ 

in § 93.306 to clarify that APHIS will 

refuse entry to such horses as well. 

Three commenters recommended that 

APHIS adopt the USAHA Committee on 

Equine’s request to amend the 

quarantine requirements for horses from 

VEE-affected countries by requiring that 

all horses be isolated 3 weeks prior to 

shipment, that horses vaccinated against 

VEE be vaccinated no less than 60 days 

prior to arrival at the import center, and 

that unvaccinated horses have negative 

results for VEE no less than 14 days 

after the commencement of quarantine. 

We appreciate the suggestion and are 

working closely with stakeholders to 

discuss USAHA’s requests. 

Four commenters asked that the 

written plan outlined in 

§ 93.304(a)(1)(iii)(I) to handle sick and 

injured horses required of horses 

temporarily imported into the United 

States solely for noncompetitive public 

exhibition and entertainment purposes 

include biosecurity measures. 

The written plan referred to by the 

commenters is a part of the import 

permit application required of this class 

of horses. As such, APHIS evaluates the 

written plan before granting a permit, 

keeping biosecurity measures in mind 

while assessing the information 

provided regarding the accredited 

veterinarian and medical facility that 

will treat the horses should they become 

sick or injured while in the United 

States. 

Miscellaneous 

In paragraph (a)(1) of § 93.308, we 

proposed to clarify the regulations by 

adding that horses imported from 

regions where VEE exists must obtain an 

import permit in accordance with 

§ 93.304. In reviewing the proposed 

rule, we noticed that we had neglected 

to clarify regulations regarding horses 


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imported from regions where African 

horse sickness exists in the same 

manner. We are adding the sentence 

‘‘Each horse must be accompanied at the 

time of importation by an import permit 

in accordance with § 93.304.’’ to 

paragraph (a)(2) of § 93.308. 

In reviewing the proposed rule, we 

also noticed an outdated address. We 

are updating the address listed in 

§ 93.301(h)(7) to reflect that the name of 

the relevant Veterinary Services 

division has changed from 

‘‘Regionalization Evaluation Services’’ 

to ‘‘Live Animal Imports.’’ 

We are also making a minor 

nonsubstantive change by adding a 

correction to the section heading of 

§ 93.304. The section heading currently 

reads ‘‘Import permits for horses from 

regions affected with CEM and for horse 

specimens for diagnostic purposes; 

reservation fees for space at quarantine 

facilities maintained by APHIS.’’ As this 

section refers to import permits for all 

horses that require them, rather than 

only for horses from regions affected 

with CEM, we are removing the phrase 

‘‘from regions affected with CEM’’ so 

that the heading more accurately reflects 

the information contained within the 

section. 

Finally, in our proposal, we proposed 

to amend § 93.314(a)(7)(i) to clarify that 

the requirement contained within it, 

that health certificates must state that 

horses have not been in any region 

affected with CEM during the 12 months 

immediately prior to export, does not 

apply to horses described in § 93.301(f), 

which are horses from regions affected 

with CEM that are temporarily imported 

to the United States for competition or 

entertainment purposes. In reviewing 

the proposed rule, we noticed that we 

had neglected to clarify that this 

provision also does not apply to horses 

described in paragraph (d) of § 93.301, 

which are Spanish Pure Breed horses 

from Spain and racing thoroughbred 

horses from France, Germany, the 

Republic of Ireland, Great Britain, and 

Northern Ireland and paragraph (e), 

which are stallions and mares over 731 

days of age from CEM-affected regions. 

Like horses described in § 93.301(f), 

these horses have special provisions 

outlined in the aforementioned 

paragraphs. To avoid confusion and 

align § 93.314 with these provisions, we 

are amending the regulatory text to 

clarify that horses described in 

§ 93.301(d) and (e) are also excluded 

from the requirement in 

§ 93.314(a)(7)(i). 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available on the 

Regulations.gov website (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

APHIS is amending elements of its 

equine import regulations. 

First, APHIS will amend its 

regulations for temporary export of 

horses to CEM-affected regions. The 

changes will allow horses to spend up 

to 90 days in a CEM-affected region. 

The amendments will also allow 

APHIS to correct and clarify information 

in 9 CFR 93.308, 93.314, and 93.319. 

This includes updating the regulations 

to reflect current policies and affected 

regions. It also includes amending the 

description of health certification and 

permit requirements. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the reporting 

and recordkeeping requirements 

included in this final rule, which were 

filed under 0579–0485, have been 

submitted for approval to the Office of 

Management and Budget (OMB). When 

OMB notifies us of its decision, if 

approval is denied, we will publish a 

document in the Federal Register 

providing notice of what action we plan 

to take. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the EGovernment Act 

to promote the use of the internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Mr. Joseph 

Moxey, APHIS’ Paperwork Reduction 

Act Coordinator, at (301) 851–2483. 

List of Subjects in 9 CFR Part 93 

Animal diseases, Imports, Livestock, 

Poultry and poultry products, Reporting 

and recordkeeping requirements. 

Accordingly, we are amending 9 CFR 

part 93 as follows: 

PART 93—IMPORTATION OF CERTAIN 

ANIMALS, BIRDS, FISH, AND 

POULTRY, AND CERTAIN ANIMAL, 

BIRD, AND POULTRY PRODUCTS; 

REQUIREMENTS FOR MEANS OF 

CONVEYANCE AND SHIPPING 

CONTAINERS 

■ 1. The authority citation for part 93 

continues to read as follows: 

Authority: 7 U.S.C. 1622 and 8301–8317; 

21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 

CFR 2.22, 2.80, and 371.4. 

■ 2. Amend § 93.300, in the definition 

of Recognized Slaughtering 

Establishment by revising footnote 2 to 

read as follows: 

§ 93.300 Definitions. 

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

■ 3. Amend § 93.301 by: 

■ a. Adding a heading to paragraphs (a) 

and (b); 

■ b. In paragraph (a), redesignating 

footnote 3 as footnote 1; 

■ c. In paragraph (b) introductory text, 

redesignating footnote 4 as footnote 2; 

■ d. In paragraph (b)(1)(ii), 

redesignating footnote 5 as footnote 3, 

and revising newly redesignated 

footnote 3; 

■ e. In paragraph (d)(1)(ii)(B) 

introductory text, redesignating footnote 

6 as footnote 4; 

■ f. In paragraph (d)(3), removing the 

words ‘‘paragraph (h)(6) or (h)(7)’’ and 

adding the words ‘‘paragraph (h)(7) or 

(8)’’ in their place; 

■ g. In paragraph (e)(2)(i), removing 

‘‘(h)(6)’’ and adding ‘‘(h)(7)’’ in its place, 

and removing ‘‘(h)(7)’’ and adding 

‘‘(h)(8)’’ in its place; 

■ h. Redesignating paragraphs (e)(2)(ii) 

through (iv) as paragraphs (e)(2)(iii) 

through (v), respectively, and adding a 

new paragraph (e)(2)(ii); 


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■ i. In paragraph (e)(3)(i) introductory 

text, in the first sentence, adding the 

words ‘‘by an accredited veterinarian’’ 

after the words ‘‘of the stallion’’; 

■ j. In paragraph (e)(3)(i)(A), by 

redesignating footnote 7 as footnote 5; 

■ k. In paragraph (e)(3)(i)(B), in the first 

sentence, adding the words ‘‘(for the 

purposes of this section, the day after 

the date of breeding is considered the 

first day after breeding)’’ after the words 

‘‘fourteenth day after breeding’’; 

■ l. Revising paragraph (e)(4)(i); 

■ m. In paragraphs (e)(5)(ii) and (iii), 

redesignating footnotes 8 and 9 as 

footnotes 6 and 7 respectively; 

■ n. Revising paragraph (f)(5)(v); 

■ o. In paragraph (f)(10)(i), removing the 

words ‘‘paragraph (h)(6) or (h)(7)’’ and 

adding the words ‘‘paragraph (h)(7) or 

(8)’’ in their place; 

■ p. Revising paragraphs (g) 

introductory text and (g)(1)(iii); 

■ q. In paragraph (g)(4), removing the 

words ‘‘(a) through (c)’’ and adding the 

words ‘‘(g)(1) through (3)’’ in their place; 

■ r. Redesignating paragraphs (h)(4) 

through (7) as paragraphs (h)(5) through 

(8), respectively, and adding a new 

paragraph (h)(4); 

■ s. Revising newly redesignated 

paragraphs (h)(7) and (8); 

■ t. Removing paragraph (j); and 

■ u. Revising the OMB citation at the 

end of the section. 

The revisions and additions read as 

follows: 

§ 93.301 General prohibitions; exceptions. 

(a) General prohibitions. * * * 

(b) General exceptions. * * * 

* * * * * 

(e) * * * 

(2) * * * 

(ii) Stallions and mares must be 

transported to the approved State in a 

sealed vehicle. The seal may be broken 

only by an APHIS representative or a 

State animal health official at the 

horse’s destination. If an APHIS 

representative or State animal health 

official is unavailable to break the seal 

due to extenuating circumstances, the 

State animal health official may 

designate the authority to unseal to an 

accredited veterinarian and will assume 

the responsibility for oversight and 

recordkeeping. 

* * * * * 

(4) * * * 

(i) Mares to be used to test stallions 

for CEM shall be permanently identified 

before the mares are used for such 

testing with the letter ‘‘T’’ or other 

permanent identification approved by 

APHIS on a case-by-case basis. The 

marking shall be permanently applied 

by an inspector, a State inspector, or an 

accredited veterinarian who shall use a 

hot iron, freezemarking, a lip tattoo, or 

other APHIS-approved method. If a hot 

iron or freezemarking is used, the 

marking shall not be less than 2 inches 

(5.08 cm) high and shall be applied to 

the left shoulder or left side of the neck 

of the mare. If a lip tattoo is used, the 

marking shall not be less than 1 inch 

(2.54 cm) high and 0.75 inch (1.9 cm) 

wide and shall be applied to the inside 

surface of the upper lip of the test mare. 

* * * * * 

(f) * * * 

(5) * * * 

(v) While in transit, the horse must be 

moved in either an aircraft or a sealed 

van or trailer. If the horse is moved in 

a sealed van or trailer, the seal may be 

broken only by an APHIS representative 

or State animal health official at the 

horse’s destination, except in situations 

where the horse’s life is in danger. 

* * * * * 

(g) Special provisions for the 

importation of horses that have been 

temporarily exported to a CEM-affected 

region. If a horse originating from the 

United States has been temporarily 

exported for not more than 90 days to 

a CEM-affected region listed under 

paragraph (c)(1) of this section and 

returns to the United States during that 

time, or if a horse originating from a 

non-CEM affected region has been 

temporarily exported for not more than 

90 days to a CEM-affected region during 

the 12 months preceding its proposed 

importation to the United States, the 

horse may be eligible for return, or for 

importation into the United States, 

without meeting the requirements of 

paragraphs (d) through (f) of this 

section, under the following conditions: 

(1) * * * 

(iii) That breeding of the horse, either 

live or artificial, has never been 

attempted, nor has the horse had any 

other sexual contact or genital 

examination while in such region; and 

* * * * * 

(h) * * * 

(4) The State must agree to provide 

oversight during the test breeding of 

quarantined stallions. 

* * * * * 

(7) A list of States approved by APHIS 

to receive stallions over 731 days of age 

imported under paragraph (e) of this 

section is maintained on the APHIS 

website at www.aphis.usda.gov/aphis/ 

ourfocus/importexport/animal-importand-export/equine. Copies of the list 

will also be available via postal mail, 

fax, or email upon request to Live 

Animal Imports, Veterinary Services, 

Animal and Plant Health Inspection 

Service, 4700 River Road Unit 38, 

Riverdale, MD 20737. 

(8) A list of States approved by APHIS 

to receive mares over 731 days of age 

imported under paragraph (e) of this 

section is maintained on the APHIS 

website at www.aphis.usda.gov/aphis/ 

ourfocus/importexport/animal-importand-export/equine. Copies of the list 

will also be available via postal mail, 

fax, or email upon request to Live 

Animal Imports, Veterinary Services, 

Animal and Plant Health Inspection 

Service, 4700 River Road Unit 38, 

Riverdale, MD 20737. 

* * * * * 3See footnote 2 of this section. 

(Approved by the Office of Management 

and Budget under control numbers 0579– 

0040, 0579–0165, 0579–0324, and 0579– 

0485) 

■ 4. Amend § 93.302 by: 

■ a. Redesignating paragraphs (a) 

through (d) as paragraphs (b) through 

(e), respectively, and adding a new 

paragraph (a); and 

■ b. Adding a heading to newly 

redesignated paragraph (e). 

The additions read as follows: 

§ 93.302 Inspection of certain aircraft and 

other means of conveyance and shipping 

containers thereon; unloading, cleaning, 

and disinfection requirements. 

(a) Shipping container requirements. 

Shipping containers used to transport 

live equine(s) to the United States must 

meet the following requirements: 

(1) Containers must be new or cleaned 

and disinfected in a manner that 

sufficiently reduces the risk of 

introduction or dissemination of any 

pests or diseases of livestock into the 

United States. 

(2) Containers must be of sufficient 

size and construction to reasonably 

assure that live equine(s) are transported 

safely. 

(3) Stocking density of live equine(s) 

must not be to an extent that impinges 

on the animals’ safety during 

transportation. 

(4) Guidance on how to meet these 

requirements may be found in the Live 

Animals Regulations (LAR), as 

amended, published by the 

International Air Transport Association 

(IATA) or the Terrestrial Animal Health 

Code published by the World 

Organization for Animal Health 

(WOAH). The Administrator may also 

approve alternative guidance than that 

described in the LAR or the Terrestrial 

Animal Health Code. 

* * * * * 

(e) Shipping container. * * * 

■ 5. Amend § 93.303 by: 

■ a. In paragraph (a), removing the 

words ‘‘these stations’’ and adding in 


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their place the words ‘‘the following 

station(s)’’, and removing the words 

‘‘Los Angeles, California; Miami, 

Florida; and’’; 

■ b. Revising paragraphs (b), (c), and (d); 

and 

■ c. In paragraph (e), adding a sentence 

after the last sentence and redesignating 

footnote 10 as footnote 1. 

The revisions and addition read as 

follows: 

§ 93.303 Ports designated for the 

importation of horses. 

* * * * * 

(b) Canadian border ports. Land 

border ports designated for the entry of 

horses from Canada may be found on 

the APHIS website at 

www.aphis.usda.gov/aphis/ourfocus/ 

importexport/animal-import-andexport/equine. Changes to the list of 

approved ports will be announced 

through notices published in the 

Federal Register. 

(c) Mexican border ports. Land border 

ports designated for the entry of horses 

from Mexico may be found on the 

APHIS website at www.aphis.usda.gov/ 

aphis/ourfocus/importexport/animalimport-and-export/equine. Changes to 

the list of approved ports will be 

announced through notices published in 

the Federal Register. 

(d) Limited ports. Certain ports are 

designated as having inspection 

facilities for the entry of horses and 

horse products such as horse test 

specimens which do not appear to 

require restraint and holding inspection 

facilities. These ports may be found on 

the APHIS website at 

www.aphis.usda.gov/aphis/ourfocus/ 

importexport/animal-import-andexport/equine. Changes to the list of 

approved ports will be announced 

through notices published in the 

Federal Register. 

(e) * * * These ports may be found 

on the APHIS website at 

www.aphis.usda.gov/aphis/ourfocus/ 

importexport/animal-import-andexport/equine. 

* * * * * 

■ 6. Amend § 93.304 by: 

■ a. Revising the section heading; 

■ b. In paragraph (a)(1)(i), in the first 

sentence, adding the words ‘‘or 

transiting’’ after the words ‘‘For horses 

from’’, adding the words ‘‘Federal 

quarantine or’’ after the words 

‘‘quarantine at a’’, and removing the text 

‘‘except as otherwise provided for in 

§§ 93.315, 93.319, and 93.321,’’, and in 

the next to last sentence, adding the 

words ‘‘, or other attestation regarding 

the health of the animals’’ after the word 

‘‘subjected’’; and 

■ c. Revising the OMB citation at the 

end of the section. 

The revisions read as follows: 

§ 93.304 Import permits for horses and for 

horse specimens for diagnostic purposes; 

reservation fees for space at quarantine 

facilities maintained by APHIS. 

* * * * * 

(Approved by the Office of Management 

and Budget under control numbers 0579– 

0040, 0579–0324, and 0579–0485) 

§ 93.306 [Amended] 

■ 7. Amend § 93.306 by adding the 

words ‘‘, to include horses dead upon 

presentation and horses arriving in the 

same shipment as such horses,’’ after 

the words ‘‘all other horses’’ in the 

second sentence. 

■ 8. Revise § 93.307 to read as follows: 

§ 93.307 Articles accompanying horses. 

No litter or manure, fodder or other 

aliment, nor any equipment such as 

boxes, buckets, ropes, chains, blankets, 

or other things used for or about horses 

governed under any law or regulation 

administered by the Secretary of 

Agriculture for prevention of the 

introduction or dissemination of any 

pests or diseases of livestock, shall be 

landed from any conveyance except 

under such restrictions as the inspector 

in charge at the port of entry shall 

direct. 

■ 9. Amend § 93.308 by: 

■ a. Revising paragraphs (a)(1) and (a)(2) 

introductory text; 

■ b. Redesignating paragraphs (a)(3) and 

(4) as paragraphs (a)(4) and (5), 

respectively, and adding a new 

paragraph (a)(3); 

■ c. In newly redesignated paragraph 

(a)(4), redesignating footnote 11 as 

footnote 1 and revising newly 

redesignated footnote 1; 

■ d. In paragraph (b) introductory text, 

adding the words ‘‘, except horses 

originating from regions in which 

Venezuelan equine encephalomyelitis 

or screwworm is declared to exist,’’ after 

the citation ‘‘§ 93.303(e)’’; 

■ e. In paragraph (b)(2)(i), redesignating 

footnote 12 as footnote 2; 

■ f. In paragraph (c)(1)(iv)(B), 

redesignating footnote 13 as footnote 3; 

■ g. In paragraph (c)(4)(v)(B), removing 

‘‘(a)(4)’’ and adding ‘‘(a)(5)’’ in its place; 

and 

■ h. Revising the OMB citation at the 

end of the section. 

The revisions and addition read as 

follows: 

§ 93.308 Quarantine requirements. 

(a) * * * 

(1) Except as provided in §§ 93.317 

(horses from Canada) and 93.324 (horses 

from Mexico), horses intended for 

importation from regions that APHIS 

considers to be affected with 

Venezuelan equine encephalomyelitis 

shall be quarantined at a port designated 

in § 93.303 to be evaluated for signs of 

Venezuelan equine encephalomyelitis. 

Each horse must be accompanied at the 

time of importation by an import permit 

in accordance with § 93.304. 

(i) A list of regions that APHIS 

considers affected with Venezuelan 

equine encephalomyelitis is maintained 

on the APHIS website at 

www.aphis.usda.gov/aphis/ourfocus/ 

animalhealth/animal-and-animalproduct-import-information/animalhealth-status-of-regions. Copies of the 

list can be obtained via postal mail or 

email upon request to Regionalization 

Evaluation Services, Strategy and 

Policy, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737; AskRegionalization@

usda.gov. 

(ii) APHIS will add a region to the list 

upon determining that the disease exists 

in the region based on reports APHIS 

receives of outbreaks of the disease from 

veterinary officials of the exporting 

country, from the World Organization 

for Animal Health (WOAH), or from 

other sources the Administrator 

determines to be reliable. APHIS will 

remove a region from the list after 

conducting an evaluation of the region 

in accordance with § 92.2 of this 

subchapter and finding that the disease 

is not present in the region. In the case 

of a region formerly not on this list that 

is added due to an outbreak, the region 

may be removed from the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

(2) Horses intended for importation 

from regions APHIS considers to be 

affected with African horse sickness 

may enter the United States only at the 

port of New York, and must be 

quarantined at the New York Animal 

Import Center in Newburgh, New York, 

for at least 60 days. This restriction also 

applies to horses that have stopped in 

or transited a region considered affected 

with African horse sickness. Each horse 

must be accompanied at the time of 

importation by an import permit in 

accordance with § 93.304. 

* * * * * 

(3) Horses from regions where APHIS 

considers screwworm to exist may be 

imported into the United States only if 

they meet the requirements in 

paragraphs (a)(3)(i) through (vii) of this 

section, obtain an import permit in 

accordance with § 93.304, and meet all 


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other applicable requirements of this 

part. A list of regions where screwworm 

is considered to exist is maintained on 

the APHIS website at 

www.aphis.usda.gov/animalhealth/ 

disease-status-of-regions. Copies of the 

list will also be available via postal 

mail, fax, or email upon request to the 

Regionalization Evaluation Services, 

Strategy and Policy, Veterinary Services, 

Animal and Plant Health Inspection 

Service, 4700 River Road Unit 38, 

Riverdale, MD 20737; 

AskRegionalization@usda.gov. APHIS 

will add a region to the list upon 

determining that screwworm exists in 

the region based on reports APHIS 

receives of detections of the pest from 

veterinary officials of the exporting 

country, from WOAH, or from other 

sources the Administrator determines to 

be reliable. APHIS will remove a region 

from the list after conducting an 

evaluation of the region in accordance 

with § 92.2 of this subchapter and 

finding that screwworm is not present 

in the region. In the case of a region 

formerly not on this list that is added 

due to a detection, the region may be 

removed from the list in accordance 

with the procedures for reestablishment 

of a region’s disease-free status in § 92.4 

of this subchapter. 

(i) A veterinarian must treat horses 

with ivermectin 3 to 5 days prior to the 

date of export to the United States 

according to the recommended dose 

prescribed on the product’s label. 

(ii) Horses must be examined for 

screwworm by a full-time salaried 

veterinary official of the exporting 

country within 24 hours prior to 

shipment to the United States. The 

official must fully examine the horses, 

including their external genitalia. If 

horses are found to be infested with 

screwworm, they must be treated until 

free from infestation. 

(iii) At the time horses are loaded 

onto a means of conveyance for export, 

a veterinarian must treat any visible 

wounds on the animals with a solution 

of coumaphos dust at a concentration of 

5 percent active ingredient. 

(iv) Horses must be accompanied to 

the United States by a certificate signed 

by a full-time salaried veterinary official 

of the exporting country. The certificate 

must state that the horses, including 

their external genitalia, have been 

thoroughly examined and found free of 

screwworm and that the horses have 

been treated in accordance with 

paragraphs (a)(3)(i) and (iii) of this 

section. 

(v) Horses must be quarantined upon 

arrival in the United States at a port 

designated in § 93.303 for at least 7 

days. 

(vi) Horses must be examined for 

screwworm by a veterinarian within 24 

hours after arrival at a port designated 

in § 93.303. The examining veterinarian 

must examine horses, including their 

external genitalia, to determine whether 

the horse is infested with screwworm. 

(vii) Horses must be held at the 

animal import center for a minimum of 

7 days. On day 7, prior to the horses’ 

release, the horses must be examined by 

a veterinarian at the expense of the 

owner or broker. For this examination, 

male horses must be tranquilized or 

sedated so that the external genitalia of 

the horses can be thoroughly examined. 

If screwworm is found during this 

examination, the horses must be held in 

quarantine and treated until free of 

infestation. 

* * * * * 1 Protocols for testing equines in import 

quarantine are available on the APHIS 

website at www.aphis.usda.gov/aphis/ 

ourfocus/importexport/animal-import-andexport/equine/guidelines-docs-related-toimporting-equine. 

(Approved by the Office of Management 

and Budget under control numbers 0579– 

0313 and 0579–0485) 

■ 10. Amend § 93.314 by: 

■ a. Revising paragraphs (a) 

introductory text and (a)(1); 

■ b. Redesignating paragraphs (a)(4) and 

(5) as paragraphs (a)(6) and (7), 

respectively, and adding new 

paragraphs (a)(4) and (5); 

■ c. Revising newly redesignated 

paragraph (a)(7)(i); 

■ d. Adding paragraph (d); and 

■ e. Adding an OMB citation at the end 

of the section. 

The revisions and additions read as 

follows: 

§ 93.314 Horses, certification, and 

accompanying equipment. 

(a) Horses offered for importation 

from any part of the world shall be 

accompanied by an original certificate 

endorsed by a salaried veterinary officer 

of the national government of the region 

of origin, or if exported from Mexico, 

shall be accompanied either by such a 

certificate or by a certificate issued by 

a veterinarian accredited by the 

National Government of Mexico and 

endorsed by a full-time salaried 

veterinary officer of the National 

Government of Mexico, thereby 

representing that the veterinarian 

issuing the certificate was authorized to 

do so. The certificate shall specify the 

name and address of the importer; the 

species, breed, number or quantity of 

horses or horse test specimens to be 

imported; the purpose of the 

importation; individual horse 

identification which requires a 

description of the horse, name, age, 

markings and, when present, 

registration number, tattoo, microchip, 

eartag, brand, if any; the region and 

premises of origin; the name and 

address of the exporter; and the 

destination address for release into the 

United States; and shows that: 

(1) The horses described in the 

certificate have been in said region 

during the 60 days preceding 

exportation, or, for horses described in 

§ 93.301(g), for the duration of their 

temporary exportation to each CEMaffected region; 

* * * * * 

(4) The horse, if applicable, has not 

been gelded during the 14 days 

preceding exportation; 

(5) The horse will be accompanied by 

documentation of pre-export 

examination occurring within 48 hours 

of departure from the port of 

embarkation endorsed by a salaried 

veterinary medical officer; 

* * * * * 

(7) * * * 

(i) The horses, except horses 

described in § 93.301(d), (e), and (f), 

have not been in any region listed in 

accordance with § 93.301(c)(1) on the 

APHIS website as affected with CEM 

during the 12 months immediately prior 

to their importation into the United 

States; 

* * * * * 

(d) For purposes of this section, the 

term ‘‘original’’ means documentation is 

prepared and issued directly from the 

national government of the region of 

origin or annotated by the national 

government of the region of origin to 

indicate how the documentation may be 

verified. Any declaration, permit, or 

other required document for horses may 

be issued and presented using a United 

States Government electronic 

information exchange system or other 

method authorized by APHIS. 

(Approved by the Office of Management 

and Budget under control number 0579– 

0485) 

Subpart C—[Amended] 

■ 11. In each undesignated center 

heading in subpart C listed in the first 

column, redesignate the footnote 

number in the second column as the 

footnote number in the third column: 


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63004 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Rules and Regulations 

Undesignated center heading in subpart C Old footnote New footnote 

Canada ........................................................................................................................................................ 16 1 

Central America and West Indies ................................................................................................................ 17 1 

Mexico .......................................................................................................................................................... 18 1 

■ 12. Amend § 93.317 by: 

■ a. Revising paragraph (a); and 

■ b. Redesignating paragraph (c) as 

paragraph (d) and adding a new 

paragraph (c). 

The revision and addition read as 

follows: 

§ 93.317 Horses from Canada. 

(a) Except as provided in paragraph 

(d) of this section, horses from Canada 

shall be inspected as provided in 

§ 93.306 and accompanied by a 

certificate as required by § 93.314, 

which shall include evidence of a 

negative test for equine infectious 

anemia for which blood samples were 

drawn during the 180 days preceding 

exportation to the United States and 

which test was conducted in a 

laboratory approved by the Canada 

Department of Agriculture or the United 

States Department of Agriculture. 

Horses accompanying their dams, which 

were foaled after their dam was so 

tested negative, need not be so tested 

and shall otherwise be handled as 

provided in § 93.314. Certificates 

required for horses from Canada must be 

issued and endorsed by a salaried 

veterinarian of the Canadian 

Government. USDA veterinary port 

inspection is not required for horses 

imported from Canada under temporary 

Customs authorization for a period of 30 

days from the date of issue of the 

certificate and the certificate issued is 

valid for an unlimited number of 

importations into the United States 

during the 30-day period. 

* * * * * 

(c) Any horse imported into the 

United States from Canada through air 

or ocean ports of entry must obtain an 

import permit under § 93.304 and shall 

otherwise be handled as provided in 

§§ 93.305 and 93.314. 

* * * * * 

■ 13. Revise § 93.319 to read as follows: 

§ 93.319 Import permit and declaration for 

horses. 

For all horses offered for importation 

from or transiting through regions of 

Central America or of the West Indies, 

the importer or his or her agent shall 

have obtained an import permit under 

§ 93.304 and shall present two copies of 

a declaration as provided in § 93.305. 

(Approved by the Office of Management 

and Budget under control number 0579– 

0485) 

§ 93.320 [Amended] 

■ 14. Amend § 93.320 by adding the 

words ‘‘or transiting through’’ after the 

word ‘‘from’’ in the section heading and 

the first sentence. 

■ 15. Amend § 93.321 by adding a 

sentence after the last sentence and an 

OMB citation at the end of the section 

to read as follows: 

§ 93.321 Import permits and applications 

for inspection for horses. 

* * * Horses quarantined at a U.S. 

facility designated in § 93.303 must 

obtain an import permit under § 93.304. 

(Approved by the Office of Management 

and Budget under control number 0579– 

0485) 

■ 16. Amend § 93.324 by redesignating 

footnote 19 as footnote 1 and revising it 

to read as follows: 

§ 93.324 Detention for quarantine. 

* * * * * 1 Protocols for testing equines in import 

quarantine are available on the APHIS 

website at www.aphis.usda.gov/aphis/ 

ourfocus/importexport/animal-import-andexport/equine/guidelines-docs-related-toimporting-equine. 

Done in Washington, DC, this 8th day of 

September 2023. 

Michael Watson, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2023–19864 Filed 9–13–23; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1052; Project 

Identifier MCAI–2023–00260–T; Amendment 

39–22532; AD 2023–17–06] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc., Model CL–600–1A11 

(600), CL–600–2A12 (601), and CL–600– 

2B16 (601–3A, 601–3R, and 604 

Variants) airplanes. This AD was 

prompted by an uncommanded flap 

extension accompanied by a flaps fail 

caution message during climb. This AD 

requires initial and repetitive 

operational tests of the flap control 

system. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective October 19, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 19, 2023. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1052; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For service information identified 

in this final rule, contact Bombardier 

Business Aircraft Customer Response 

Center, 400 Coˆte-Vertu Road West, 

Dorval, Que ́bec H4S 1Y9, Canada; 

telephone 514–855–2999; email ac.yul@

aero.bombardier.com; website 

bombardier.com. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1052. 

FOR FURTHER INFORMATION CONTACT: 

Chirayu Gupta, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 


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