### 9577 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations

days for the change to be meaningful. However, the Committee believed that extending the dates any further than the proposed dates would affect the Committee’s ability to establish accurate reports for the completed harvest season in a timely manner. The Committee members unanimously agreed that changing the dates for transferring, storing, and pooling excess oil from
November 1 to December 1 addresses the industry’s current needs without negatively impacting the operation of
the Committee.

In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0178, Vegetable and Specialty Crops. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

This final rule changes the date by
which excess oil must be transferred between producers to fill annual
allotment deficiencies or delivered to the Committee or its designees for storage from November 1 to December 1. In addition, the rule changes the date the Committee must pool identified
excess oil as reserve oil from November
1 to December 1. This rule is a relaxation of the volume regulation provisions of the order. Accordingly, this rule does not impose any additional reporting or recordkeeping requirements on either small or large spearmint oil producers or handlers. As with all Federal marketing order programs, reports and forms are periodically
reviewed to reduce information requirements and duplication by industry and public sector agencies. Furthermore, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this
final rule.

AMS is committed to complying with the E-Government 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.

In addition, the Committee’s meeting was widely publicized throughout the spearmint oil industry and all interested persons were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the February 22, 2012, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. A proposed rule concerning this action was published in the Federal Register on September 17, 2012 (77 FR 57037). Copies of the rule were provided to the Committee, which in
turn made it available to all Far West spearmint oil producers, handlers, and interested persons. Finally, the rule was made available through the Internet by
USDA and the Office of the Federal Register. A 60-day comment period ending November 16, 2012, was provided to allow interested persons to respond to the proposal.

Two comments were received during the comment period in response to the proposal. One of the comments was in support of the proposed changes, while
the other was not substantive in nature
and did not address the merits of the proposal. The commenter in support of the action believes that the proposed changes would be beneficial to the industry and would facilitate the orderly marketing of spearmint oil. Accordingly, no changes will be made to the rule, as proposed, based on the
comments received.

A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may
be viewed at: www.ams.usda.gov/ MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Laurel May at the previously mentioned address in the

**FOR FURTHER INFORMATION CONTACT** section.

After consideration of all relevant matter presented, including the
information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth,
will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 985

Marketing agreements, Oils and fats, Reporting and recordkeeping requirements, Spearmint oil.

For the reasons set forth in the preamble, 7 CFR part 985 is amended as
follows:

**PART 985—MARKETING ORDER**
**REGULATING THE HANDLING OF**
**SPEARMINT OIL PRODUCED IN THE**
**FAR WEST**

■ 1. The authority citation for 7 CFR part 985 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Revise § 985.156 to read as follows:

**§ 985.156 Transfer of excess oil by producers.** 

(a) Pursuant to § 985.56(a), before December 1 of each marketing year, a producer, following notification of the Committee, may transfer excess oil to another producer to enable that producer to fill a deficiency in that producer’s annual allotment.

(b) Pursuant to § 985.56(b), before December 1 of each marketing year,
excess oil not used to fill another producer’s deficiency shall be delivered to the Committee or its designees for storage.

■ 3. Add § 985.157 to read as follows:

**§ 985.157 Reserve pool requirements.**

Pursuant to § 985.57(a), on December 1, the Committee shall pool identified
excess oil as reserve oil in such manner as to accurately account for its receipt, storage, and disposition.

Dated: February 5, 2013. David R. Shipman, Administrator, Agricultural Marketing

Service.

[FR Doc. 2013–02972 Filed 2–8–13; 8:45 am]

**BILLING CODE 3410–02–P**

**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 :**  Final rule.

**SUMMARY :**  We are adopting as a final rule, with changes, an interim rule that amended the regulations regarding the importation of horses from countries affected with contagious equine metritis (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. This document revises certain CEM-testing requirements for imported stallions and mares, and for test mares, that were
amended in the interim rule. The interim rule was necessary to provide additional safeguards against the introduction of CEM through the importation of affected horses.

**DATES :**  Effective Date: March 13, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Ellen Buck, Senior Staff Veterinarian, Equine Imports, National Center for Import and Export, VS, APHIS, 4700


### 9578 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations

1 To view the interim rule, the two documents delaying enforcement, and the comments we received, go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2008-0112. River Road Unit 36, Riverdale, MD 20737–1231; (301) 851–3361.

**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. Subpart C—Horses, §§ 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 infection or
contamination with the bacterium Taylorella equigenitalis.

In an interim rule 1 effective and published in the Federal Register on March 25, 2011 (76 FR 16683–16686, Docket No. APHIS–2008–0112), we amended the regulations in § 93.301 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.

We solicited comments concerning the interim rule for 60 days ending May 24, 2011. In response to implementation concerns raised by commenters, we published a document in the Federal Register on May 31, 2011 (76 FR 31220– 31221, Docket No. APHIS–2008–0112),
in which we announced that we were delaying enforcement of the interim rule until July 25, 2011, in order to provide CEM testing facilities time to make necessary adjustments to their operating procedures for the rule to be successfully implemented. In a subsequent document published in the Federal Register on August 23, 2011 (76 FR 52547–52548, Docket No. APHIS– 2008–0112), we announced that the delay of enforcement would continue until the publication of a final rule, and reopened the comment period until September 7, 2011.

We received a total of 18 comments by that date. They were from private citizens, foreign governments and commission, State departments of agriculture, a State veterinary agency, and U.S. horse organizations. Seventeen of the commenters agreed that additional safeguarding measures were warranted to protect the U.S. horse industry; however, those commenters did not agree with certain aspects of the changes made in the interim rule. The comments are discussed by topic below.

Imported Mares

The March 2011 interim rule contained a new requirement that mares over 731 days of age imported from a CEM-affected region be given a complement fixation (CF) test at the post-arrival CEM quarantine facility. A few commenters suggested that we
allow the blood to be taken and the CF test to be completed at the port of entry rather than at the post-arrival quarantinefacility in order to reduce the postarrival quarantine period.

While we understand the commenters’ concern regarding import delays and convenience, we believe that since the CF test on imported mares is a component of the CEM testing program, the blood sample must be taken and the test completed at a CEM quarantine facility. CEM testing, including CF testing, is a separate function from import quarantine testing, requirements for which are contained in 9 CFR 93.308. Ports are not equipped or staffed to provide CEM testing services that are available at designated CEM quarantine facilities.

In any case, we believe the
commenters’ concern is unwarranted. Collecting and submitting a blood sample at CEM quarantine facilities will not add any time to the CEM quarantine,
since CF test results would be available
before the mare has finished the culture and treatment phase of CEM testing.

One commenter stated that we needed to clarify the procedure for imported mares that test positive for CEM. The commenter asked whether the positive mare would be returned to the country of origin or treated at the quarantine facility.

Imported mares that test positive for CEM are not returned to their country of origin. Rather, as provided under § 93.301(e)(5), imported mares that test positive for CEM are treated and
retested.

One commenter stated that it was important to identify pregnant and nonpregnant mares due to the difference in testing requirements for each. The
commenter asked whether there was a declaration required to identify pregnant and nonpregnant mares and, if so, whether the declaration is confirmed by an accredited veterinarian.

Mares over 731 days of age are accompanied at the time of importation by an import health certificate, but the health certificate does not include the breeding status of the mare. Our expectation, however, is that the owner, importer, or agent will tell the
veterinarian in the United States or the exporting country the breeding status of
the mare and that the veterinarian will test accordingly. We recommend that accredited veterinarians performing CEM testing at the post-entry quarantine facility examine mares by rectal palpation or ultrasound to determine the breeding status as part of their standard operating procedures.

Imported Stallions

Previously, § 93.301(e)(3)(i) required
stallions to be cultured for CEM and test bred to two test mares after negative
results from the cultures are obtained.
The March 2011 interim rule amended that requirement to require that, prior to test breeding, three sets of cultures be collected from imported stallions rather
than one set. The interim rule allowed test breeding to take place only after the first two sets of cultures had yielded negative results.

Some commenters questioned the necessity of collecting more than one set of pre-breeding cultures from imported
stallions. One commenter recommended taking post-breeding cultures.

We are making a change to the final
rule based on these comments and the 2007 CEM Program Review, which determined that test breeding is a more sensitive test for CEM than pre-breeding
cultures. This final rule amends paragraph (e)(3)(i) of § 93.301 to require
that one set of cultures be collected from the stallion prior to breeding with negative results, consistent with our previous regulations. A stallion may be released from State quarantine only if all cultures and tests of specimens from the mares used for test breeding are negative for CEM and all cultures performed on specimens taken from the stallion are negative for CEM. If any culture or test is positive for CEM, the
stallion would be treated for CEM as described in § 93.301(e)(3)(i)(A) and retested by being test bred to two mares no less than 21 days after the last day
of treatment. Given the interim rule’s enhancements to the testing process for test mares, we believe that requiring one set of cultures to be taken from imported stallions will be sufficient to prevent the
introduction of CEM.

One commenter stated that we needed to clarify whether stallions must be treated for CEM at quarantine facilities regardless of test results.

As stated in § 93.301(e)(3)(i), upon completion of the test breeding,
stallions must be treated for 5 consecutive days in accordance with


### 9579 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations

paragraph (e)(3)(i)(A) of § 93.301, regardless of their test status. If a test mare cultured for CEM shows positive results, then the stallion is treated again and retested. A stallion may be released from State quarantine only if all cultures
and tests collected from test mares are negative for CEM and all cultures and
tests collected from the stallion are negative for CEM.

Test Mares

The March 2011 interim rule required
three sets of cultures to be taken from
the distal cervix or endometrial of test mares. One commenter questioned
whether three sets of distal cervix or
endometrial cultures from test mares
would be an effective method for detecting CEM because of the potential of overgrowth and contamination of the
second and third set of cultures. This would result in repeat cultures which
would increase the cost and time of the post-arrival quarantine process. The commenter suggested that cultures from
the distal cervix or endometrial be
collected on the third set of cultures only.

We agree with the commenter and are making a change to the interim rule as a result. Specifically, we are no longer requiring that cultures from the distal
cervix or endometrium be included with
all three sets of cultures collected from the test mares. Instead, paragraphs (e)(3)(i)(B) and (e)(4)(ii) of § 93.301 now require that only the third set of cultures
include a swab from the distal cervix or endometrium. In addition, we are amending paragraph (d)(1)(ii)(D), which contains similar requirement for the importation of Spanish Pure Breed horses and thoroughbred horses over 731 days, to require that only the third set of cultures from imported mares
include a swab from the distal cervix or
endometrium.

The interim rule required CF testing to be completed for test mares on the twenty-first day after breeding. One commenter asked what date range would be acceptable if the blood test for the CF testing could not be done exactly on day 21. The commenter stated that the date range for the completion of the CF test needs to be spelled out due to weekends, scheduling, and operation
status of the laboratories.

We agree with this comment. If a test mare becomes CEM positive after breeding, the CF test titer begins to rise at day 15 post breeding, and would be expected to continue rising between days 21 and 28. Therefore, we are amending paragraph (e)(3)(i)(B) of § 93.301 to state that a CF test for CEM must be done with negative resultsbetween the twenty-first and twentyeighth day after the breeding. This change will provide additional flexibility in test scheduling, without compromising the ability to detect
infection.

Exemptions; Geldings and Horses 731 Days of Age or Younger

The regulations in paragraph (c)(2) of § 93.301 exempts recently castrated stallions (geldings) from CEM-related importation requirements. Several commenters suggested that geldings be tested and treated for CEM, as recommended by the 2007 CEM Program Review. A concern was expressed that recently castrated
stallions could maintain stallion-like behavior and attempt and achieve intromission with mares in estrus, thereby creating a risk for CEM

transmission.

Geldings will not be used for breeding purposes, which is where the risk of CEM transmission is greatest. We do not believe that the possibility of incidentalcontact between a gelding and an inseason mare warrants the additional time and expense associated with CEM testing and treatment for geldings.

The regulations also exempt weanlings or yearlings whose age is certified on the import health certificate. One commenter suggested that newborn
colts from CEM-infected mares should
be tested and treated for CEM. In addition, the commenter suggested that all weanlings and yearlings be tested
and treated for CEM as there is evidence
that non-venereal transmission is possible.

We acknowledge that it is possible for
a foal to be born with CEM if the damwas infected; however, the risk of nonvenereal transmission of CEM is low and does not justify testing and treating imported weanlings and yearlings that
have not been bred.

One commenter stated that some cryptorchid stallions look like geldings and, therefore, all geldings should be tested to ensure no stallions that might
be misidentified are admitted into the
United States.

Each horse is accompanied at the time of importation by an import permit issued in accordance with § 93.304. We acknowledge that it is possible for a stallion to be misidentified; however, the risk is low and does not justify testing and treating every male horse that is imported into the United States.

One commenter asked how we regulate imported mares 731 days of age or younger that are determined to be pregnant.

If an imported mare 731 days of age or younger is pregnant upon arrival to the port of entry, the mare will be tested and treated in accordance with § 93.301(e).

One commenter asked why competition horses are tested if they are not used for breeding.

As stated in § 93.301(f), horses temporarily imported into the United States for competition or entertainment purposes are not subject to CEM testing upon entry. Stallions and mares imported for permanent entry into the
United States must be tested for CEM even if importers plan to use those horses solely for competition at the time of import because the horses may be used for breeding after competition.

One commenter asked that we clarify the required testing protocols for each category of horse imported into the United States. Specifically, the
commenter wanted clarification whether horses temporarily importedfor competition are exempt from postarrival quarantine, while horses temporarily imported for entertainmentpurposes are now subject to the postarrival quarantine.

Horses imported into the United States temporarily under § 93.301(f) for either competition or entertainment purposes are not required to be tested
for CEM in the United States. Horses entering temporarily for entertainment purposes must be tested in the country of origin. Horses entering temporarily for competition for periods of 90 days or
less do not need to be tested in the country of origin. Mares and stallions imported permanently must be tested in the United States and in the country of origin.

Miscellaneous

A few commenters suggested that we address the recommendations presented in the 2007 CEM Program Review regarding oversight, asking that we
establish minimum standards for quarantine facilities, testing protocols, and recordkeeping. The commenters suggested that we conduct regular training of testing officials and make unscheduled visits to animal import centers, quarantine facilities, and labs to review each facility’s compliance with the regulations.

We cooperate with State officials to ensure compliance and accountability at each facility. At present, we are drafting a policy document that provides minimum standards of operation for each stage of the post-arrival quarantine process. We have conducted training courses for testing officials and laboratory personnel, and will conduct training in the future as resources become available. Therefore, it is not necessary to amend the regulations by adding minimum standards for


### 9580 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations

2 For more information, go to http:// www.aphis.usda.gov/import

_ export/animals/
live

_ animals.shtml

. quarantine facilities, testing protocols, and recordkeeping.

One commenter asked if there was a system in place to ensure that horses imported under temporary status for competition exit the country after the completion of their competition and that they are not used for breeding purposes during their stay.

As stated in § 93.301(f), any horse temporarily imported would be monitored by the Animal and Plant Health Inspection Service (APHIS) to
ensure that the horse is moved according to the itinerary and methods of transport specified by the import permit. The regulations clearly state that a horse imported temporarily for competition or entertainment must not be used for breeding. If an owner or importer subsequently seeks permission to keep the horse in the United States, the horse would be transported to a State quarantine facility to undergo the post-arrival quarantine testing and treatment procedures.

A commenter inquired about the CEM testing and treatment requirements for horses being exported. The commenter stated that requiring exporters to test and treat horses prior to exportation, particularly if that horse has never tested positive for CEM, is an unnecessary burden on exporters and
results in a loss of sales.

Export testing requirements are determined by the destination country, not by APHIS. Thus, exporters must test and treat horses prior to exportation as required by the destination country.

One commenter stated that APHIS’
list of CEM-affected countries in § 93.301 is different from the list established by Canadian officials.

APHIS considers a country CEMaffected when CEM has been reported in that country or where free movement of horses from CEM-affected regions is
allowed. APHIS will add additional
countries to the list of CEM-affected regions when evidence is available that the organism is present in those countries, or when a country reports the disease to the World Organization for
Animal Health. Canada uses a different approach for determining countries from which imported horses must be tested for CEM, and Canada’s list
includes countries that have not reported CEM.

One commenter recommended that we require horses with a history of residing in a CEM-affected country for more than 30 days to be tested for CEM, even if they have resided in a CEM-free country for 12 or more months prior to exportation.

Our current regulations only require CEM testing if a horse has resided in a CEM-affected region during the 12 months prior to importation. We acknowledge that there may be some benefit to testing horses that have resided in a CEM-affected region at any time prior to importation, especially if the horse has not been adequately tested and found free of CEM after importation into a CEM-free region. We are considering a future action to amend the regulations accordingly.

One commenter recommended that we provide detailed pictures of the sites required to be cultured for CEM testing
since the nomenclature for these test
sites differs between countries.

We recognize that each country has its own system of identifying the required
culture sites. We cannot include color pictures within the regulations, which are essential for accurately identifying the culture sites. However, we provide that information in policy documents
and on our Web site. 2

Paragraph (e)(1)(iii) of § 93.301 provides the testing requirements for horses prior to exportation from their country of origin. We neglected to amend this paragraph in the interim rule by adding the additional culture
sites for stallions and mares that the interim rule required for horses tested in domestic CEM quarantine. Therefore, we are amending § 93.301(e)(1)(iii) by adding the distal urethra as a culture
site for stallions and the distal cervix or
the endometrium as a culture site for mares imported into the United States.
The addition of the culture sites will make the regulations consistent with the changes made in the interim rule.

Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule, with the changes discussed in this
document.

This final rule also affirms the
information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.

Further, this action 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.

Regulatory Flexibility Act

This final rule follows an interim rule that amended 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.

In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the
economic effects of this rule on small entities. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under **FOR**

**FURTHER INFORMATION CONTACT**

.

The final regulatory flexibility analysis examines expected impacts for U.S. small entities of amending the regulations under which stallions and mares are imported from CEM-affected countries. For an importer of a mare from a CEM-affected country, we expect the additional costs will range from $80 to $255. For an importer of a stallion from a CEM-affected country, we expect the additional costs will range from $620 to $830.

Currently, CEM testing costs vary by State and within State, averaging about $1,760 for mares and $5,070 for stallions. The overall impact of the additional costs for the horse industry is not expected to be significant, given the relatively small number of horses imported from CEM countries (less than 2 percent of imports). The additional costs are also not large when compared to expected benefits in terms of reduced
risk of a CEM outbreak in the United

States.

List of Subjects in 9 CFR Part 93

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

Accordingly, the interim rule amending 9 CFR part 93 that was published at 76 FR 16683–16686 on March 25, 2011, is adopted as a final rule with the following changes:

**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. Section 93.301 is amended as
follows:

■ a. By revising the first sentence of paragraph (d)(1)(ii)(D); and


### 9581 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations

■ b. By revising paragraphs (e)(1)(iii), (e)(3)(i) introductory text, (e)(3)(i)(B), and (e)(4)(ii).

The revisions read as follows:

**§ 93.301 General prohibitions; exceptions.**

* * * * *

(d) * * * (1) * * * (ii) * * * (D) For Spanish Pure Breed horses and thoroughbred horses over 731 days of age, cultures negative for CEM were obtained from three sets of specimens collected within a 12-day period from
the mucosal surfaces of the clitoral fossa and the clitoral sinuses, with one set of specimens including a specimen from
the surfaces of the distal cervix or endometrium, of any female horses and from the surfaces of the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diverticulum of the fossa glandis, of any
male horses. * * *

* * * * *

(e) * * * (1) * * * (iii) A set of specimens must be
collected from each horse within 30 days prior to the date of export by a licensed veterinarian who either is, or is acting in the presence of, the veterinarian signing the certificate. For stallions, the set of specimens consists
of one culture swab from each location shall be taken from the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diverticulum of the fossa glandis; for mares, the specimens must be collected
from the mucosal surfaces of the clitoral fossa, clitoral sinuses, and the distal cervix or endometrium in nonpregnant mares. All of the specimens collected must be cultured for CEM with negative results in a laboratory approved to culture for CEM by the national veterinary service of the region of origin;

* * * * *

(3) * * * (i) Once the stallion is in the approved State, one specimen each shall be taken from the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diverticulum of the fossa glandis, of the stallion and be cultured for CEM. After negative results have been obtained, the stallion must be
test bred to two test mares that meet the requirements of paragraph (e)(4) of this section. Upon completion of the test breeding:

* * * * *

(B) Each mare to which the stallion
has been test bred shall be cultured for CEM from three sets of specimens from
the mucosal surfaces of the clitoral fossa and clitoral sinuses, with one set of specimens including a specimen from either the distal cervix or endometrium, between the third and fourteenth day after breeding, with negative results. The sets of specimens must be collected on three separate occasions within a 12- day period with no less than 72 hours between each set. A complement
fixation test for CEM must be done with negative results between the twenty-first and twenty-eighth day after the breeding.

* * * * *

(4) * * * (ii) The test mares must be qualified prior to breeding as apparently free from CEM and may not be used for breeding from the time specimens are taken to qualify the mares as free from CEM. To qualify, each mare shall be tested with negative results by a complement fixation test for CEM, and specimens
taken from each mare shall be cultured negative for CEM. Sets of specimens shall be collected on three separate
occasions from the mucosal surfaces of
the clitoral fossa and the clitoral sinuses, with one set of specimens including a specimen from either the distal cervix or endometrium, within a 12-day period with no less than 72
hours between each set.

* * * * *

Done in Washington, DC, this 6th day of February 2013.
Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2013–03024 Filed 2–8–13; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–1002; Directorate Identifier 2012–NM–052–AD; Amendment**  **39–17346; AD 2013–03–11]**

**RIN 2120–AA64**

**Airworthiness Directives; Airbus Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Final rule.

**SUMMARY :**  We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4–600, B4–600R, and F4–600R series airplanes, and
Model A300 C4–605R Variant F airplanes (collectively called A300–600 series airplanes); and Model A310 series airplanes. This AD was prompted by reports of cracking through the honeycomb core closed with phenolic
resin. This condition could result in extended debonding and could adversely affect the structural integrity of the rudder. This AD requires inspecting to determine the serial
number of a certain rudder and replacing the rudder with a new or serviceable rudder if necessary. We areissuing this AD to prevent extended debonding, which could result in loss of the rudder and consequent reduced controllability of the airplane.

**DATES :**  This AD becomes effective March 18, 2013.

**ADDRESSES :**  You may examine the AD
docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC.

**FOR FURTHER INFORMATION CONTACT :**  Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–2125;
fax 425–227–1149.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on September 26, 2012 (77 FR 59149). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI)

states:

Following in-service findings reported by an operator, rudder laboratory investigation revealed the existence of a crack through the honeycomb core closed with phenolic resin. This condition if not detected and corrected, could result in extended de-bonding, which would adversely affect the structural integrity
of the rudder. The loss of the rudder could lead to degradation of the handling qualities and reduces the controllability of the aeroplane.

Further investigations identified a batch of
five affected rudders.

For the reasons described above, this [European Aviation Safety Agency (EASA)] AD [2012–0006, dated January 12, 2012] requires [inspecting to determine the serial number (S/N) of a certain rudder and] the replacement of the five affected rudders with [new or] serviceable ones. You may obtain further information by examining the MCAI in the AD docket.