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

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 


erowe on DSK2VPTVN1PROD with RULES
9578 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 

1To 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 quarantine 

facility 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 


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

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 results 

between 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 incidental 

contact 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 dam 

was 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 imported 

for competition are exempt from postarrival quarantine, while horses 

temporarily imported for entertainment 

purposes 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 


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

2For 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 


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

■ 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 are 

issuing 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. 


erowe on DSK2VPTVN1PROD with RULES