[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21389-21392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11635]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed 
Rules

[[Page 21389]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-053-1]


Horses Imported Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the horse importation regulations to 
clarify the information required on the application for a permit to 
import horses into the United States and to clarify health certificate 
requirements for imported horses that transit another country en route 
to the United States. We believe that these proposed actions are 
necessary to ensure that importers of horses provide adequate and 
accurate information on import permit applications and to ensure that 
horses are properly handled from the time the horses leave their farm 
of origin until the horses arrive in the United States. These proposed 
amendments appear necessary to ensure the continued protection of the 
health of horses in the United States.

DATES: Consideration will be given only to comments received on or 
before July 9, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-053-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-053-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling, Staff Veterinarian, 
Import/Export Animals, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-
8170.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as ``the 
regulations'') govern the importation into the United States of 
specified animals, including horses, to prevent the introduction of 
various animal diseases into the United States.
    Under Sec. 92.304, importers must apply for a permit to import 
horses into the United States. The regulations state that importers 
must provide certain information, including the route of travel, for 
horses being imported into the United States, and the required 
information must appear on the application for an import permit.
    Under Sec. 92.314, horses imported into the United States must be 
accompanied by a health certificate completed by a salaried veterinary 
officer of the national government of the country of origin indicating 
the horses' freedom from communicable diseases such as contagious 
equine metritis and African horse-sickness. Additionally, Sec. 92.314 
requires that ``a horse presented for importation from a country where 
it has been for less than 60 days shall be accompanied by a like 
certificate similarly issued by a salaried veterinary officer of the 
national government of each country in which the horse has been during 
the 60 days immediately preceding shipment from the last country from 
which it is shipped to the United States.''
    We are proposing to amend the regulations by adding definitions of 
the terms ``country of origin'' and ``country of transit'' and by 
adding an explanation of the words ``route of travel.''
    We propose to define ``country of origin'' as the ``country in 
which the horse was born, was raised, and remained until shipment to 
the United States, or the country into which the horse was legally 
imported and has remained for a period of not less than 60 days prior 
to shipment to the United States.'' In cases of horses legally imported 
into their country of origin, we have determined that a 60-day 
residency requirement would maintain consistency with other 
requirements in the regulations. We would define ``country of origin'' 
in the regulations because, in the past, there has been some confusion 
on the part of importers concerning the meaning of the term ``country 
of origin,'' especially when a horse is moved to another country for 
shipment to the United States. In limited cases, the country from which 
the horse was directly shipped to the United States was mistakenly 
identified as the country of origin on the horse's import permit. We 
also propose to define ``country of transit'' as a ``country through 
which a horse travels en route from the country of origin to the United 
States.'' A complete list of the countries of transit should appear in 
the ``route of travel'' section of the import permit application, but, 
on occasion, importers have mistakenly omitted countries through which 
a shipment of horses traveled en route to the United States.
    In addition, we propose to specify that ``route of travel'' must 
include a list of all of the countries that the horse will transit en 
route to the United States, all of the modes of transportation that 
will be used to move the horse from the country of origin to the port 
of entry in the United States, and all of the locations where the horse 
will be offloaded prior to arrival at the U.S. port of entry. In the 
past, in addition to neglecting to list all of the countries of 
transit, some importers have mistakenly omitted information on the 
modes of transportation used to transport a shipment of horses and 
locations where the shipment of horses will be offloaded. Because 
different countries have different disease statuses, and the risk of 
the horses' exposure to disease increases when shipped by ground 
transportation and when offloaded at some locations within countries of 
transit, a complete assessment of the import risk associated with a 
particular shipment of horses is only possible when all of the 
essential information is available on the import permit application.
    We believe that by defining the terms ``country of origin'' and 
``country of transit'' and by clarifying the words ``route of travel,'' 
importers would know exactly what information needs to be provided on 
the application for an import permit. This action would improve 
compliance with the regulations and continue to ensure that

[[Page 21390]]

horses intended for importation into the United States do not pose a 
disease risk to the domestic horse population.
    We are also proposing to clarify the regulations concerning 
locations for offloading. Currently, the regulations do not specify 
appropriate locations where horses may be offloaded in countries of 
transit. We are proposing to require that if, during shipment to the 
United States, a horse is offloaded in a country of transit, then that 
horse must be offloaded in a facility that is capable of being cleaned 
and disinfected and that is approved by the country of transit's 
Ministry of Agriculture for the offloading of in-transit horses. We are 
also proposing to specify that while the horse is offloaded in the 
facility, the horse must be kept separate from all other horses. This 
action would reduce the risk that horses intended for importation into 
the United States would come into contact with other horses of unknown 
disease status en route to the United States.
    Additionally, we are proposing to clarify the requirements 
concerning health certificates from countries of transit. We propose to 
amend Sec. 92.314 to ensure that the regulations clearly state that if, 
during shipment to the United States, a horse is offloaded in a country 
of transit, then that horse must undergo a veterinary inspection and 
obtain a health certificate from a salaried veterinary officer of the 
national government of the country of transit in which the horse is 
offloaded. If a horse is offloaded in more than one country of transit, 
then that horse would be required to undergo a veterinary inspection 
and obtain a health certificate from a salaried veterinary officer of 
the national government in every country of transit in which the horse 
is offloaded. This clarification of the requirements would ensure that 
any communicable diseases in horses intended for importation into the 
United States are diagnosed as early as possible and that appropriate 
action is taken to prevent those diseases from being carried into the 
United States.
    We propose that, after performing the veterinary inspection, the 
veterinary officer of a country of transit must complete a form that 
describes the horse being shipped, certifies that a health inspection 
has been performed on that horse, and assures that the horse is free 
from evidence of communicable diseases. We are proposing that the 
certification read, ``The animals described on this form have been 
given a careful veterinary inspection and found to be free from 
evidence of communicable disease and, in my opinion, are fit to 
travel.'' The veterinarian would sign this certificate to attest to the 
fact that the horse has been inspected, determined to be free of 
evidence of communicable diseases, and judged to be in a condition that 
would indicate that the animal would be in the same health upon arrival 
at its destination in the United States as when inspected in the 
country of transit. This inspection and certification would ensure that 
horses imported into the United States present a minimal disease risk 
to the U.S. horse population.
    In addition, we propose to specify that the veterinary inspection 
must be performed in the country of transit no earlier than 24 hours 
before the horse is reloaded on a transport vehicle for shipment to the 
United States. We are proposing a 24-hour time limit in order to 
provide flexibility in the timing of the veterinary inspection while 
ensuring that the inspection takes place as close to the time of the 
horse's departure from a country of transit as possible.
    If a horse intended for importation into the United States travels 
through any countries other than its country of origin and the United 
States but is not offloaded in a country of transit, we propose that 
the owner of the horse, or the owner's representative, must sign a 
certification statement prior to the horse's shipment from the country 
of origin that certifies that the horse will be shipped directly to the 
United States. We are proposing that the certification read, ``The 
horse will be sent directly from the premises of origin to the premises 
of destination without coming into contact with other equine animals 
not accompanied by an official health certificate, in vehicles cleaned 
and disinfected in advance with a disinfectant officially recognized in 
the country of origin.'' This statement would have to be presented upon 
the horse's arrival in the United States. If, however, for reasons 
beyond the importer's or shipper's control, the horse experiences an 
unscheduled offloading in a country of transit, then the horse would 
have to undergo a veterinary inspection and obtain a health certificate 
from a salaried veterinary officer of the national government of the 
country of transit.

Miscellaneous

    We are proposing to make other minor, nonsubstantive changes to 
Sec. 92.304, such as correcting punctuation. Additionally, we are 
proposing to amend Secs. 92.304 and 92.314 by adding a reference to the 
end of each section for the Office of Management and Budget control 
number assigned to approved information collection and recordkeeping 
requirements.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are proposing to clarify the information required on the 
application for a permit to import horses into the United States and to 
clarify health certificate requirements for imported horses that 
transit another country en route to the United States.
    As this proposal simply clarifies the regulations and as most 
horses arrive in the United States with proper documentation, we do not 
expect a significant number of importers to be affected by this action. 
For importers not currently in compliance with the regulations, any 
cost incurred in complying with the regulations should be offset by the 
costs currently incurred by importers when a shipment of horses arrives 
in the United States without proper documentation. Currently, when a 
horse arrives in the United States without proper documentation, that 
horse remains in quarantine until the proper documents are produced, or 
the horse is refused entry if the proper documents are not produced. 
Therefore, the importer incurs additional user fee costs while the 
horse is held in quarantine, or the importer incurs the cost of 
shipping the horse back to the country of origin. Therefore, we have 
determined that the effect on any U.S. entities, large or small, would 
be insignificant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information

[[Page 21391]]

collection or recordkeeping requirements included in this proposed rule 
have been submitted for approval to the Office of Management and Budget 
(OMB). Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 95-053-1. 
Please send a copy of your comments to: (1) Docket No. 95-053-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This proposed rule would require that, upon arrival in the United 
States, horses travelling through countries of transit en route to the 
United States be accompanied by either a certification signed by the 
horses' owner verifying that the horses were not offloaded in any 
countries of transit or a certification signed by a veterinary officer 
of the country of transit in which the horses were offloaded that 
attests to the horses' freedom from evidence of communicable disease 
when the horse was offloaded and a veterinary inspection was performed 
in the country of transit. This proposed rule would therefore introduce 
two new information collection requirements that would enable us to 
ensure that horses destined for the United States are healthy when they 
leave their country of origin, remain healthy during their journey, and 
pose a minimal health risk to the U.S. horse population upon arriving 
in the United States. We are soliciting comments from the public (as 
well as affected agencies) concerning our proposed information 
collection. We need this outside input to help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 5 minutes per response.
    Respondents: Veterinarians and horse owners.
    Estimated number of respondents: 250.
    Estimated number of responses per respondent: 1.
    Estimated Total Annual Burden on Respondents: 21 hours.
    Copies of this information collection can be obtained from the 
Department of Agriculture, Clearance Officer, OIRM, Ag. Box 7630, 
Washington, DC 20250.

List of Subjects in 9 CFR Part 92

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

    Accordingly, 9 CFR part 92 would be amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    1. The authority citation for part 92 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.22,
    2.80, and 371.2(d).

    2. Section 92.300 would be amended by adding definitions for 
Country of origin and Country of transit, in alphabetical order, to 
read as follows:


Sec. 92.300  Definitions.

 * * * * *
    Country of origin. The country in which a horse was born, was 
raised, and remained until importation to the United States, or the 
country into which the horse was legally imported and remained for a 
period of not less than 60 days prior to shipment to the United States.
    Country of transit. A country through which a horse travels en 
route from the country of origin to the United States.
 * * * * *
    3. Section 92.304 would be amended as follows:
    a. In paragraph (a)(1)(i), by revising the second sentence to read 
as set forth below.
    b. At the end of the section, by adding the following: ``(Approved 
by the Office of Management and Budget under control number 0579-
0040)''.


Sec. 92.304   Import permits for horses from countries affected with 
CEM, and for horse specimens for diagnostic purposes; <SUP>12 and 
reservation fees for space at quarantine facilities maintained by 
APHIS.
---------------------------------------------------------------------------

    \12\ See footnote 7 to subpart C.
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    (a) * * *
    (1)(i) * * * The application must 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 includes a description of the 
horse, name, age, markings, if any, registration number, if any, and 
tattoo or eartag; the country of origin; the name and address of the 
exporter; the port of embarkation in the foreign country; the route of 
travel from the country of origin to the United States, including the 
country of origin, all countries of transit, all modes of 
transportation, all locations, if any, where the horses will be 
offloaded, and the port of entry in the United States; the proposed 
date of arrival of the horses or horse test specimens to be imported; 
and the name of the person to whom the horses or horse test specimens 
will be delivered and the location of the place in the United States to 
which delivery will be made from the port of entry. * * *
* * * * *
    4. Section 92.314 would be amended as follows:
    a. By designating the existing text as paragraph (a) and by adding 
a paragraph heading to read ``General requirements.''
    b. In newly designated paragraph (a), the proviso beginning with 
``And provided, further'' and the text following it is removed and new 
text is added in its place to read as set forth below.
    c. By adding a new paragraph (b) to read as set forth below.
    d. At the end of the section, by adding an OMB control number to 
read as set forth below.


Sec. 92.314   Horses, certification, and accompanying equipment.

    (a) * * * And provided, further, That upon inspecting horses at the 
port of entry and before permitting them to leave the port of entry, 
the inspector may require their disinfection and the disinfection of 
their accompanying equipment as a precautionary measure against the 
introduction of foot-and-mouth disease or any other disease dangerous 
to the livestock of the United States.

[[Page 21392]]

    (b) Special requirements for horses traveling through countries of 
transit. In addition to meeting all of the applicable requirements of 
this subpart, horses shipped to the United States through a country or 
countries of transit must meet the following conditions:
    (1) If a horse intended for importation into the United States will 
travel through a country or countries of transit but will not be 
offloaded in the country or countries of transit, then, prior to the 
horse's shipment from the country of origin, the owner of the horse, or 
the owner's representative, must certify that the horse will be shipped 
directly to the United States. The certification must read as follows: 
``The horse will be sent directly from the premises of origin to the 
premises of destination without coming into contact with other equine 
animals not accompanied by an official health certificate, in vehicles 
cleaned and disinfected in advance with a disinfectant officially 
recognized in the country of origin.'' This certification must be 
signed by the owner of the horse or the owner's representative, and the 
signed certification must be presented to an inspector at the port of 
entry in the United States. If, after the certification is signed, an 
unscheduled offloading of a shipment of horses occurs in a country of 
transit, then the horses must meet all of the requirements of 
paragraphs (b)(2) and (b)(3) of this section.
    (2) If a horse intended for importation into the United States will 
travel through a country or countries of transit and will be offloaded 
in the country or countries of transit, then the horse must be 
offloaded in a facility that is capable of being cleaned and 
disinfected and that is approved by the country of transit's Ministry 
of Agriculture for the offloading of in-transit horses. Within the 
facility, the horse must be kept separate from all other horses. All 
horses offloaded in a country or countries of transit must undergo a 
veterinary inspection and receive a health certificate from a salaried 
veterinary officer of the national government of each country of 
transit in which the horse is offloaded. The veterinary inspection must 
be performed no earlier than 24 hours before the horse is reloaded on a 
transport vehicle for shipment. If, after performing the inspection, 
the salaried veterinary officer of the national government of the 
country of transit finds the horse intended for importation into the 
United States to be free of evidence of communicable diseases and fit 
to travel, the veterinary officer must complete the form shown in 
paragraph (b)(3) of this section.
    (3) A completed certificate of inspection, as shown below, must 
accompany any horse offloaded in a country of transit to the U.S. port 
of arrival and be produced for the inspector at the port of arrival 
upon the horse's arrival in the United States.

Certification of Inspection of Import Animals

1. Permit No.----------------------------------------------------------
2. Consignor's Name (Last name, first name, middle initial or business 
name)------------------------------------------------------------------
3. Consignor's Street Address (Mailing address)------------------------
4. Consignor's City/Town-----------------------------------------------
5. Consignor's Country-------------------------------------------------
6. Consignee's Name (Last name, first name, middle initial or business 
name)------------------------------------------------------------------
7. Consignee's City/Town-----------------------------------------------
8. Consignor's State---------------------------------------------------
9. Species of Animals Certified for Import-----------------------------
10. Country of Origin--------------------------------------------------
11. Breed of Animals Certified for Import------------------------------
12. Number of Animals Inspected----------------------------------------
13. Country of Transit/City in Which Inspection Occurred---------------
14. Date of Arrival in and Date of Departure from Country of Transit---
15. Name of Veterinarian Performing Inspection in Country of Transit---

    The animals described on this form have been given a careful 
veterinary inspection and found to be free from evidence of 
communicable disease and, in my opinion, fit to travel.
16. Signature of Veterinarian Performing Inspection in Country of 
Transit----------------------------------------------------------------
17. Date Issued--------------------------------------------------------
18. Seal---------------------------------------------------------------
19. Remarks------------------------------------------------------------

(Approved by the Office of Management and Budget under control 
number 0579-0040)

    Done in Washington, DC, this 3rd day of May 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-11635 Filed 5-9-96; 8:45 am]
BILLING CODE 3410-34-P