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.

Proposed Rules Federal Register

28073

Vol. 61, No. 108

Tuesday, June 4, 1996

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 95–054–1]

Importation of Horses From CEM

Countries

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations regarding the

importation of horses from countries

affected with contagious equine metritis

to incorporate new testing and treatment

protocols for mares and stallions,

provide for the use of accredited

veterinarians to monitor horses

temporarily imported into the United

States for competition purposes,

incorporate a new testing protocol for

thoroughbred horses in training in their

country of origin, and remove the

requirements for endometrial cultures

and clitoral sinusectomies in mares.

These proposed changes are intended to

update, clarify, and streamline the

existing regulations. The proposed

changes would simplify the

requirements for importing horses from

countries affected with contagious

equine metritis without increasing the

risk of the disease being introduced into

or disseminated within the United

States.

DATES: Consideration will be given only

to comments received on or before

August 5, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–054–1, 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. 95–054–1. 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) 734–6479; or E-mail:

jbowling@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals into the United States to

prevent the introduction of

communicable diseases of livestock and

poultry. Subpart C—Horses, §§ 92.300

through 92.326 of the regulations,

pertains to the importation of horses

into the United States. Sections 92.301

and 92.304 of the regulations contain

specific provisions for the importation

and post-entry handling of horses from

countries affected with contagious

equine metritis (CEM), a highly

contagious bacterial venereal disease.

Currently, the regulations in

§ 92.301(c)(1) identify countries where

CEM exists and countries that trade

horses freely with countries where CEM

exists without testing for CEM and

prohibit, with certain exceptions, the

importation of horses into the United

States from those countries (hereafter

referred to as CEM-affected countries).

The specific conditions under which

certain horses may be imported into the

United States from CEM-affected

countries are set forth in § 92.301(c)(2).

The regulations in § 92.304 (a)(4)

through (a)(12) provide for the approval

of States to receive stallions and mares

from CEM-affected countries, list the

States that have received such approval

from the Administrator of the Animal

and Plant Health Inspection Service

(APHIS), and provide for the approval of

laboratories to conduct CEM cultures

and tests.

We have determined that our CEM

regulations can be changed to make

horse importations easier without

increasing the risk of introducing CEM

into the United States. Therefore, we are

proposing to amend the regulations by:

• Reorganizing the CEM regulations

to eliminate duplication and to make

their provisions easier to find and use;

• Removing the requirements for

clitoral sinusectomies and endometrial

cultures in female horses and

establishing new protocols for the

collection of specimens for culturing;

• Incorporating new testing and

treatment protocols for stallions and test

mares;

• Incorporating a new testing protocol

for thoroughbred horses in training in

their country of origin; and

• Providing for the use of accredited

veterinarians to monitor horses from

CEM-affected countries that are

temporarily in the United States for

competition purposes.

These proposed changes, along with

several more minor proposed changes,

are discussed in greater detail below.

Reorganization of Provisions

We are proposing to reorganize

§ 92.301(c) and § 92.304 (a)(4) through

(a)(12) to eliminate duplication and

make the provisions directly related to

CEM easier to find and use. The

proposed new structure would be as

follows:

The prohibition on the importation of

horses from CEM-affected countries and

the list of countries affected with CEM

would remain in § 92.301(c)(1). The

exceptions to that prohibition would

remain in § 92.301(c)(2), but only as

categories of horses that may be

imported into the United States from

countries affected with CEM under

certain conditions; we are proposing to

set out the specific conditions

applicable to importation of horses from

each category in new paragraphs

§ 92.301 (d), (e), (f), and (g). In this way,

rather than having the categories and

conditions spread across many pages of

regulatory text as is currently the case,

the reader would be presented with a

single list of all the categories of eligible

horses, and then directed to a specific

paragraph to find the conditions that

apply to the importation of a particular

category of horses.

The conditions that apply to the

importation of horses in one of the

categories that would be listed in

§ 92.301(c)(2) are brief and require little

elaboration. Specifically, current

§ 92.301(c)(2)(ii) provides for the

importation of geldings, weanlings, or

yearlings whose age is certified on the

import health certificate prescribed in
28074 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules

§ 92.314. In short, the category defines

the conditions, so there is no need to list

the conditions in a separate paragraph.

We are proposing, however, to make

geldings a separate category, distinct

from weanlings and yearlings, because

the age certification required for

weanlings and yearlings is not necessary

for geldings.

With regard to weanlings and

yearlings, we are also proposing to

amend the definition in § 92.300 of the

term weanling or yearling, which is

currently defined as ‘‘any horse, weaned

from its dam, which was foaled not

more than 731 days prior to its offer for

entry into the United States.’’ There

have been instances in which an

individual certified that a horse being

offered for entry was younger than 731

days of age, but the horse, upon

examination by APHIS, was found to

have erupted first permanent incisors.

Those teeth are not expected to erupt

until a horse has reached 21⁄2 years of

age, and subsequent investigation

disclosed that the horse was indeed

older than 731 days of age and had been

fraudulently certified. We are, therefore,

proposing to include the eruption of the

first permanent incisors in the

definition of weanling or yearling as a

benchmark; specifically, a sentence

would be added to the definition to

make it clear that if a horse’s first

permanent incisors have erupted, the

horse will not be considered to be a

weanling or yearling.

We are also proposing to add a new

category of exceptions in § 92.301(c)(2)

for wild (non-domesticated) species of

equidae, such as zebras and wild asses.

These animals would be allowed to be

imported without additional restrictions

for CEM if the animal had been captured

in the wild or was to be imported from

a zoo or other facility where it would be

unlikely that the animal would have

had contact with domesticated horses

used for breeding. That lack of contact

minimizes the risk of such an animal

contracting CEM and spreading the

disease to horses in the United States.

The wild or non-domesticated equine

would still have to meet the inspection

and certification requirements of

§ 92.314 with regard to CEM and other

diseases, as well as all the applicable

permit, port-of-entry inspection, and

other applicable requirements of the

regulations, so the general health and

movement issues associated with its

importation would continue to be

addressed.

The specific provisions for importing

horses in the remaining categories

would be moved to four proposed new

paragraphs:

• Thoroughbred horses imported for

permanent entry from France, Germany,

Ireland, or the United Kingdom (current

§ 92.301(c)(2)(iii)) would become new

§ 92.301(d);

• Stallions and mares over 731 days

of age imported for permanent entry

(current § 92.301(c)(2) (iv) through (vii))

would become new § 92.301(e). The

post-entry testing and treatment

requirements for those stallions and

mares (current § 92.304 (a)(4) to (a)(5)

and (a)(7) to (a)(8), respectively) would

also be incorporated into new

§ 92.301(e);

• Horses over 731 days of age

imported for no more than 90 days to

compete in specified events (current

§ 92.301(c)(2) (viii) through (x)) would

become new § 92.301(f); and

• Horses that have been temporarily

exported from the United States or

another country not known to be

affected with CEM to a country affected

with CEM (current § 92.301(c)(2)(xi))

would become new § 92.301(g).

We are also proposing to establish two

more new paragraphs in § 92.301 into

which we would move the remaining

CEM-specific provisions of § 92.304.

First, we are proposing to move the

provisions of paragraphs § 92.304 (a)(4)

through (a)(9) to proposed new

paragraph § 92.301(h). Those paragraphs

provide for the approval of States to

accept stallions and mares from CEMaffected countries and list the States that

have received such approval. Second,

the provisions of § 92.304 (a)(10)

through (a)(12), which pertain to the

approval of laboratories to conduct CEM

cultures and tests, would become new

§ 92.301(i).

We are also proposing to make

nonsubstantive organizational changes

to §§ 92.304(b) and 92.314 to improve

their readability. Current § 92.304(b)

consists of four sentences, the last of

which contains six clauses, that can

logically be divided into three

subordinate paragraphs. Similarly,

current § 92.314 consists of three

sentences of regulatory text, the first of

which takes up over a half a page in the

Code of Federal Regulations and

contains numerous clauses and two

provisos. To make those portions of the

regulations easier to read and use, we

are proposing to amend § 92.304(b) by

organizing its regulatory text into

paragraphs (b)(1) through (b)(3) and to

amend § 92.314 by organizing its

regulatory text into paragraphs (a)

through (c).

As part of our proposed

reorganization of the regulations, we

would also make several nonsubstantive

editorial changes to improve the clarity

of the regulations.

Elimination of Duplication

There are places in the current

regulations where provisions found in

one section are unnecessarily

duplicated in another. Specifically, the

regulations pertaining to the

importation of thoroughbred horses

(§ 92.301(c)(2)(iii)), stallions over 731

days of age (§ 92.301(c)(2)(iv)), mares

over 731 days of age (§ 92.301(c)(2) (v),

(vi), and (vii)), and horses that have

been temporarily exported to a CEMaffected country from the United States

or another country not known to be

affected with CEM (§ 92.301(c)(2)(xi)) all

require a horse offered for importation

to be accompanied by a certificate that

confirms certain facts regarding the

horse’s health.

The certificate referred to in those

paragraphs is the same certificate

required by § 92.314 for all horses

offered for importation, and § 92.314

clearly describes the information that

the certificate must contain and who

may sign the certificate. Two of the

criteria found in § 92.314—the

description of who may sign the

certificate and a requirement that the

certificate confirm that each horse has

been found free of evidence of

communicable disease—are repeated in

those paragraphs of § 92.301(c)(2) cited

in the preceding paragraph. Because

those signature and confirmation

criteria are clearly described in § 92.314,

we do not believe that it is necessary to

repeat them in other sections of the

regulations. Therefore, proposed new

§ 92.301 (d), (e), and (g), which would

contain the requirements for the

importation of thoroughbred horses,

stallions and mares over 731 days of

age, and horses temporarily exported to

a CEM-affected country, would simply

state that the horses must be

accompanied by a certificate issued in

accordance with § 92.314.

We are proposing to eliminate

duplication in several other places in

the regulations by combining, where

appropriate, separate provisions for

mares and stallions. We believe that

combining separate provisions is

possible in those parts of the regulations

dealing with the collection of specimens

because the requirements as to when

and by whom the specimens are to be

collected are the same for both stallions

and mares; it is only the sites from

which the specimens are to be collected

that differ. Therefore, in proposed new

§ 92.301 (d), (e), and (h), we would

combine those provisions that are

common to both male and female

horses, while keeping separate those

provisions that must necessarily be

gender-specific.
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules 28075

Similarly, where there are now three

different sets of provisions for importing

female horses over 731 days of age for

permanent entry (§ 92.301 (c)(2)(v),

(c)(2)(vi), and (c)(2)(vii)), proposed new

§ 92.301(e) would contain a single set of

provisions. The proposed consolidation

of those three sets of provisions would

be made possible, in large part, by other

proposed changes, discussed below, that

would remove the clitoral sinusectomy

requirement and standardize testing

protocols.

Use of Nitrofurazone

The regulations require, as a preimport treatment for certain stallions

and a post-entry treatment for certain

stallions and mares, that a nitrofurazone

ointment be used to coat or pack the

animals’ genitalia as a means of killing

the CEM organism. However, many

countries now prohibit the use of

nitrofurazone on horses due to concerns

about its residues in horsemeat, so we

are proposing to amend those portions

of the regulations that specifically

require the use of nitrofurazone.

Under the regulations in current

§ 92.301(c)(2)(iv)(E), if a specimen taken

from a stallion prior to export to the

United States is found positive for CEM,

the stallion’s prepuce, urethral sinus,

and fossa glandis must be scrubbed with

a solution of chlorhexidine and then

packed with an ointment of

nitrofurazone for 5 consecutive days in

order to kill the CEM organism. We are

proposing to remove those specific

instructions for scrubbing and packing

and replace them with the requirement

that the stallion be treated for CEM in

a manner approved by the national

veterinary service of the country of

origin. We would require that the

treatments performed and the dates of

the treatments be recorded on the

horse’s health certificate, so APHIS

would have the opportunity to consider

the treatments used when the stallion is

offered for importation into the United

States. We would continue to require

that the stallion be retested no less than

21 days following the completion of

treatment and found free of CEM before

it could enter the United States. Because

the requirement for retesting would be

in place, we believe that allowing the

national veterinary service of the

country of origin to use its discretion in

deciding the appropriate treatment for

stallions that have been found to be

positive for CEM would not result in an

increased risk of CEM-infected stallions

entering the United States.

As part of these proposed changes, we

are also proposing to amend

§ 92.301(c)(2)(iv)(B) by removing

footnote 7, which is referenced at the

end of the paragraph. Footnote 7 states:

‘‘Except for stallions that test positive

for CEM, treatment in the country of

origin is optional.’’ We are proposing to

remove that footnote because we believe

that the regulatory text of proposed new

§ 92.301(e) clearly describes the testing

and treatment requirements for stallions

and spells out which stallions must be

treated to be eligible for importation

into the United States. Subsequent

footnotes in the regulations that refer

the reader to ‘‘footnote 7 to subpart C’’

would also be removed.

Once the stallion has been imported

into the United States and has been sent

to an approved State for quarantine, the

regulations in current

§ 92.304(a)(5)(iii)(A) require, among

other things, that the prepuce, penis,

and urethral sinus of the stallion be

scrubbed with a solution of

chlorhexidine and packed with an

ointment of nitrofurazone for 5

consecutive days. Similarly, the

regulations in § 92.304(a)(8)(iii)(B)

regarding the treatment and handling of

imported mares in quarantine in

approved States require that the mare’s

external genitalia, vaginal vestibule,

and, if present, clitoral sinuses, must be

scrubbed with a solution of

chlorhexidine and then coated with an

ointment of not less than 0.2 percent

nitrofurazone; the clitoral fossa and, if

present, the clitoral sinuses, must also

be packed with an ointment of not less

than 0.2 percent nitrofurazone. We are

proposing to modify those requirements

by removing the reference to

nitrofurazone and requiring only that an

ointment effective against the CEM

organism be used. Because the

availability of such ointments can vary

over time and from place to place, and

because the treatments must be

performed by an accredited veterinarian

and monitored by a State or Federal

veterinarian, we do not believe it is

necessary to maintain a list of specific

ointments in the regulations. Rather, the

accredited veterinarian, State

veterinarian, and Federal veterinarian,

or any other interested person, could

obtain a list of ointments recognized as

being effective against the CEM

organism from APHIS. A footnote to that

effect would be added to the regulations

regarding the post-entry treatment and

handling of stallions and mares.

Clitoral Sinusectomy

We are proposing to eliminate the

requirement that certain mares undergo

a clitoral sinusectomy. Currently,

clitoral sinusectomies are required for

female horses over 731 days of age

imported for permanent entry (§ 92.301

(c)(2)(v)(C), (c)(2)(v)(G), and

(c)(2)(vi)(G)), certain mares over 731

days of age that had originally been

imported for no more than 90 days and

that are moved to an approved State for

permanent entry (§ 92.301(c)(2)(x)), and

mares that were not required to undergo

a clitoral sinusectomy as a condition of

importation but that have been cultured

for CEM with positive results in an

approved State prior to release from

State quarantine (§ 92.304(a)(8)(iii)(E)).

We believe that the clitoral

sinusectomy requirement can be

eliminated completely because the

procedure is no longer necessary to

ensure that imported mares do not

introduce CEM into the United States. A

new procedure has been developed that

allows veterinarians to clean and treat

the clitoral sinuses to eliminate the CEM

organism, thus rendering clitoral

sinusectomies unnecessary. Therefore,

the clitoral sinusectomy requirement

and any provisions related to that

requirement would be removed from the

regulations. Proposed new

§ 92.301(e)(5), which contains the

testing and treatment requirements for

mares, would spell out the proposed

new cleaning and treatment procedure.

In that procedure, an accredited

veterinarian would manually remove

organic debris from the clitoral sinuses

of a mare, then flush the sinuses with

a cerumalytic agent. For 5 consecutive

days after the cleaning, the accredited

veterinarian would aseptically clean

and wash the mare’s external genitalia

and vaginal vestibule, including the

clitoral fossa, with a solution of not less

than 2 percent chlorhexidine in a

detergent base and then fill the clitoral

fossa and sinuses and coat the external

genitalia and vaginal vestibule with an

antibiotic ointment effective against the

CEM organism. This procedure has been

shown to effectively eliminate debris

that could harbor the CEM organism and

can be carried out without the use of the

restraints, anesthesia, or tranquilizers

needed for the clitoral sinusectomy

surgery, which would clearly be to the

mare’s benefit.

Endometrial Cultures

We are proposing to remove the

requirement for the collection and

culturing of endometrial specimens

from mares. Currently, the regulations

require that endometrial specimens be

collected during estrus from female

thoroughbred horses

(§ 92.301(c)(2)(iii)(B)), female horses

over 731 days of age (§ 92.301

(c)(2)(v)(F) and (c)(2)(vi)(D)), test mares

used for testing stallions in an approved

State (§ 92.304 (a)(5)(iii)(B)(2) and

(a)(5)(iii)(C)(2)), pregnant mares over

731 days of age (§ 92.304(a)(8)(iii)(C)(1)),
28076 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules

nonpregnant mares over 731 days of age

(§ 92.304(a)(8)(iii)(C)(2)), and mares over

731 days of age that have been found to

be positive for CEM (§ 92.304

(a)(8)(iii)(D) and (a)(8)(iii)(E)). We

believe that the required collection and

culturing of endometrial specimens can

be eliminated completely because over

the last 10 to 12 years we have cultured

over 900 pregnant mares offered for

importation and have never found a

positive endometrial culture in

specimens collected from mares that

were negative on cultures of the clitoral

sinuses. Because we would continue to

require the collection of specimens from

the clitoral sinuses, and because

additional specimens would be drawn

from the urethra and cervix, we believe

that the requirement for endometrial

cultures could be removed without

increasing the risk of CEM being

introduced into or disseminated within

the United States.

As part of this proposed change, we

are also proposing to remove the

requirement for testing the foals of

mares that had been pregnant at the

time they were received in quarantine in

an approved State. The regulations in

§ 92.304(a)(8)(iii)(C)(1) require that 7

days after the mare foals, three

endometrial specimens be collected

from the mare and another specimen be

collected from the vaginal vestibule or

prepuce of her foal, depending on its

sex. We believe that the accuracy of the

cultures of specimens collected from the

clitoral sinuses, which we cited in the

previous paragraph as rendering

endometrial cultures unnecessary, also

makes it unnecessary to test foals. If

cultures of specimens collected from a

pregnant mare indicated she was free

from CEM infection, there would be no

cause to test her foal, since the foal

could only contract the disease from its

dam during birth. This proposed change

would also mean that a pregnant mare

would no longer have to remain under

quarantine in the approved State until 7

days after foaling, since endometrial

cultures from the mare and cultures

from the foal would no longer be

required.

Collecting Specimens From Mares Over

731 Days of Age

The current regulations contain three

different pre-import test protocols for

mares over 731 days of age; a protocol

for testing pregnant mares and, later,

their foals, in quarantine in an approved

State after importation; and yet another

protocol for testing nonpregnant mares

in quarantine in an approved State.

Those protocols differ in terms of their

timing and sites from which specimens

are to be collected for culturing because

some mares require endometrial

cultures while others do not, and some

mares must undergo a clitoral

sinusectomy, some do not, and others

would have already undergone the

surgery before a particular test. With the

requirements for endometrial cultures

and clitoral sinusectomies removed as

proposed above, we believe that we can

simplify matters by standardizing the

sites from which specimens would be

collected from mares and the timing of

those collections when multiple sets of

specimens are needed for culturing.

We are proposing that for all mares

over 731 days of age offered for

importation or in quarantine in an

approved State, specimens would be

collected from the mucosal surface of

the urethra, the mucosal surface of the

clitoral sinuses, and the mucosal surface

of the cervix. Using the mucosal

surfaces of the urethra, clitoral sinuses,

and cervix as sites for the collection of

specimens for culturing is in keeping

with current codes of practice for the

diagnosis of CEM and would allow us

to accurately assess the CEM status of

mares over 731 days of age that are

offered for importation or that are

quarantined in an approved State.

The regulations currently require that

three sets of specimens be collected

from mares over 731 days of age in

quarantine in an approved State; those

specimens are to be drawn at intervals

of no less than 7 days. We are proposing

to decrease the time over which

specimens are to be drawn by requiring

that all three sets of specimens be

collected over a single 7-day period,

with the collections taking place on the

first, fourth, and seventh days. When

collecting multiple sets of specimens

from a horse for culturing, it is prudent

to collect sets of specimens on different

days in order to increase the likelihood

that any infection will be detected.

However, we believe the current 7-day

minimum interval between collections

is unnecessarily long; the proposed 7-

day collection period would simplify

and shorten the testing process for

mares while continuing to provide for a

sufficient amount of time between the

collection of sets of specimens.

Testing and Treatment for Stallions

Over 731 days of Age

Once a stallion over 731 days of age

has been imported into the United

States and has been sent to quarantine

in an approved State, the regulations

currently require that a set of specimens

be collected from the stallion and

cultured for CEM, after which the

stallion’s genitalia are to be washed

with a surgical scrub and packed with

an antibiotic ointment for 5 consecutive

days; 7 days after the fifth day of

cleaning and packing, the stallion must

be test bred to two qualified test mares.

In order to increase the likelihood that

testing will detect the presence of CEM,

we are proposing to reverse the order of

the latter two items, i.e., we would

require that the test breeding take place

before the cleaning and packing. If the

stallion was infected with CEM, the two

test mares would most likely contract

the disease as a result of the test

breeding, so there would be, in effect,

three chances to detect the disease—one

through the tests conducted on the

stallion and two through the tests

conducted on each test mare. The

cleaning and packing, when conducted

first, may reduce the chance that an

infected stallion would transmit the

disease to the test mares by reducing the

presence of the CEM organism to a low

level.

Test Mares

The current regulations require that a

test mare must qualify as apparently free

from CEM. To qualify, the mare must be

tested with negative results by a

complement fixation test for CEM, and

specimens taken from the mare must be

cultured negative for CEM. Currently,

one set of specimens must be drawn

from the endometrium, clitoral sinuses,

and clitoral fossa; then, no less than 7

days later, another set of specimens

must be drawn from the cervix, clitoral

sinuses, and clitoral fossa. As

previously explained, we are proposing

to remove the requirement for the

collection and culturing of endometrial

specimens from imported mares. We are

proposing to remove that requirement

for test mares, for the same reasons. We

are also proposing that test mares would

have specimens collected from the

mucosal surface of the urethra, clitoral

sinuses, and cervix, as proposed for all

mares over 731 days of age offered for

importation. This would be in keeping

with current codes of practice for the

diagnosis of CEM and would allow us

to accurately assess the CEM status of

test mares. We are also proposing that

three sets of specimens be collected, and

that all sets of specimens be collected

within a 7-day period, on days 1, 4, and

7. This would be consistent with

proposed CEM tests for mares offered

for importation.

After being test bred by the stallion,

the regulations currently require that

specimens be collected from the test

mares on the second, fourth, and

seventh days after breeding and

cultured for CEM; endometrial

specimens must be collected and

cultured during the next estrus; and two

blood serum samples must be drawn
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules 28077

from the test mares 15 to 40 days after

breeding and tested for CEM using the

complement fixation test. As discussed

above, we have proposed to remove the

requirement for endometrial cultures, so

that step would be eliminated. We are

proposing to further amend those

requirements by shifting the collection

of specimens to the third, sixth, and

ninth days after breeding, which means

that any CEM infection would have an

additional day to manifest itself in the

test mares, followed by a full 2 days

between the collection of each

additional set of samples. By delaying

and slightly lengthening the period over

which specimens are collected from

bred test mares, we would increase the

likelihood that the presence of CEM

infection will be detected in the test

mares. We are also proposing to reduce

the number of required complement

fixation tests to a single test conducted

15 days after breeding. We believe that

the second complement fixation test is

unnecessary because the multiple

cultures conducted on the specimens

drawn during the 9 days after breeding

would provide, in nearly all cases, an

accurate indication of the test mare’s

CEM status; a single complement

fixation test would be adequate to

confirm the findings of the culturing.

New Testing Protocol for Thoroughbred

Horses

We are proposing to simplify the preexport testing protocols for

thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom. Under the current regulations,

three sets of specimens must be

collected and cultured from

thoroughbred horses at intervals of no

less than 7 days, with the final

collection and culturing being

completed within 30 days of export. We

are proposing to shorten the time frame

for collections and culturing from over

2 weeks to 1, with specimens being

collected on the first, fourth, and

seventh days of the 7-day period. We

would, however, retain the requirement

that the last set of specimens must be

collected and cultured within 30 days of

export. As noted above with regard to

test mares and mares over 731 days of

age quarantined in an approved State,

we believe the current 7-day interval

between collections is unnecessarily

long; the proposed 2-day interval

simplifies and shortens the pre-export

testing process for thoroughbred horses

while continuing to provide for a

sufficient amount of time between the

collection of sets of specimens.

We are also proposing to modify the

collection sites for specimens drawn

from female thoroughbred horses to

make those sites consistent with the

proposed changes regarding collection

sites for test mares and mares over 731

days of age and to reflect the proposed

discontinuation of the collection and

culturing of endometrial specimens. As

was proposed for the other two

categories of female horses, and for the

same reasons, the collection sites for

specimens from female thoroughbred

horses would be the mucosal surfaces of

the urethra, clitoral sinuses, and cervix.

The regulations regarding the

importation of thoroughbred horses

currently contain no specific provisions

for the treatment and retesting of

thoroughbred horses that test positive

for CEM during pre-export testing. We

are proposing to add provisions that

would allow the thoroughbred horse to

be treated for CEM in a manner

approved by the national veterinary

service of the country of origin. We

would require that the treatments

performed and the dates of the

treatments be recorded on the horse’s

health certificate, so APHIS would have

the opportunity to consider the

treatments used when the thoroughbred

horse is offered for importation into the

United States. We would require that

the retesting of the thoroughbred horse

take place no less than 21 days

following the completion of treatment.

The horse would have to be found free

of CEM on the retest before it could

enter the United States. These proposed

provisions for retesting thoroughbred

horses are consistent with the retest

provisions for stallions and mares over

731 days of age and would serve the

same purpose. Because the

thoroughbred horses would not be

allowed entry into the United States

until they had been found free of CEM,

we believe that allowing thoroughbred

horses that have tested positive for CEM

to be treated and retested would not

result in an increased risk of CEMinfected horses entering the United

States.

We are also proposing to make two

minor changes in the regulations

regarding the importation of

thoroughbred horses. First, we are

proposing to remove two references to

the ‘‘Federal Republic of Germany’’ and

replace them with references simply to

‘‘Germany,’’ because the reunification of

East Germany and West Germany has

removed the need to differentiate

between the two. Second, footnote 6 in

current § 92.301(c)(2)(iii)(A), which lists

specifically approved recordkeeping

associations in those countries from

which thoroughbred horses may be

imported, contains an out-of-date

reference to such associations in

Australia. We are proposing to remove

that reference because Australia is no

longer on the list of CEM-affected

countries in § 92.301(c)(1).

Use of Accredited Veterinarians

The regulations in

§ 92.301(c)(2)(viii)(B)(2) require that

horses imported for no more than 90

days to compete in specified events

must be monitored by an APHIS

representative—i.e., an APHIS

veterinarian or other authorized APHIS

employee—while the horse is on the

premises at which it is competing. The

regulations pertaining to import permits

in § 92.304(a)(1)(iii) state that the

approval of a permit application to

temporarily import a horse is contingent

upon APHIS’ determination that a

sufficient number of APHIS personnel

are available to provide the required

services. In order to increase the number

of qualified veterinarians available to

perform the required activities and

decrease the costs associated with the

temporary importation of horses for

competition, we are proposing to allow

the required monitoring to be conducted

by an accredited veterinarian. An

accredited veterinarian is, by definition,

already familiar with APHIS’ animal

health programs and regulations and is

approved by the Administrator to

perform the functions associated with

those programs, so we believe that

accredited veterinarians would be fully

capable of monitoring temporarily

imported horses at the premises on

which they are competing. We would,

however, provide for an APHIS

representative to conduct spot checks to

ensure compliance with the regulations.

If the APHIS representative found that

the requirements of the regulations were

not being met, APHIS would have the

option of requiring that all remaining

monitoring for a particular event be

conducted by APHIS representatives.

The proposed spot checks and the

option for APHIS to take over

monitoring duties would act as

additional safeguards against the spread

of disease and would help to ensure

compliance with the regulations.

Other Proposed Changes

The regulations in

§ 92.301(c)(2)(viii)(G) currently require

the owner or importer of a temporarily

imported horse to enter into a trust fund

agreement with APHIS to ensure that he

or she pays all costs associated with

APHIS’ supervision and maintenance of

the horse during the time it is in the

United States. When the required

supervision and maintenance services

can be provided by an APHIS

representative operating out of his or

her usual place of duty, however,
28078 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules

APHIS’ costs can be recovered through

user fees payable under 9 CFR part 130,

so it would not be necessary for the

owner or importer to enter into a trust

fund agreement. There are still cases,

though, in which a trust fund agreement

would be necessary, such as when an

APHIS representative is not available to

provide the necessary services in a

given area, or there is an insufficient

number of APHIS representatives to

meet the needs of a large event, and an

APHIS representative must be

temporarily detailed from his or her

usual place of duty to the site of a

particular event. Therefore, we are

proposing to amend the regulations to

differentiate between those cases where

user fees would be sufficient to recover

APHIS’ costs and those cases where the

owner or importer of a horse would

have to enter into a trust fund agreement

with APHIS.

Miscellaneous Changes

Several of the proposed changes

discussed above would result in

footnotes being added, deleted, or

moved; therefore, we are proposing to

redesignate the footnotes that follow

those that would be affected by the

proposed changes to maintain

numerical order.

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.

This proposed rule would amend the

regulations regarding the importation of

horses from countries affected with

contagious equine metritis to

incorporate new testing and treatment

protocols for mares and stallions,

provide for the use of accredited

veterinarians to monitor horses

temporarily imported into the United

States for competition purposes,

incorporate a new testing protocol for

thoroughbred horses in training in their

country of origin, and remove the

requirements for endometrial cultures

and clitoral sinusectomies in mares.

These proposed changes are intended to

update, clarify, and streamline the

existing regulations. The proposed

changes would simplify the

requirements for importing horses from

countries affected with contagious

equine metritis without increasing the

risk of the disease being introduced into

or disseminated within the United

States.

The United States is a net exporter of

horses, exporting three to four horses for

every one imported, and unit values for

imports and exports favored the United

States until 1994. The unit value of

exports was $3,197 per head in 1993,

while the unit import value was $2,944

per head; in 1994, these values shifted

to $2,458 per head (export) and $4,032

per head (import).

In 1993, U.S. exports of horses totaled

64,478 head valued at $206.1 million; in

1994, the total was 85,299 head valued

at $209.7 million. Most of those horses

were exported to Canada, Mexico,

Western Europe (especially the United

Kingdom and Ireland), the Middle East,

or Asia. U.S. imports of horses, on the

other hand, are small relative to total

inventory and U.S. horse exports. In

1993, U.S. horse imports totaled 20,715

head valued at $61 million; in 1994, the

total was 23,186 head valued at $93.5

million. Canada and Mexico were the

source of almost 90 percent of all U.S.

horse imports in those years. In each

year, those imports equaled

approximately 1 percent of the domestic

horse inventory (USDA, Economic

Research Service, ‘‘Foreign Agricultural

Trade of the United States,’’ January/

February 1995). Small entities maintain

almost 95 percent of the domestic horse

inventory.

The proposed new testing and

treatment protocols presented in this

document are the only aspects of this

proposed rule that are expected to have

an economic impact. In each case, the

proposed changes would reduce the

time required to collect samples,

conduct tests, and administer

treatments, which would shorten the

period that an imported horse would

have to spend in quarantine. Because

the importer or owner of an imported

horse must bear the cost of providing

care, feeding, and handling of the horse

during the time it is quarantined for

CEM testing and treatment in an

approved State, a shorter quarantine

period would clearly reduce an owner’s

or importer’s boarding costs. The

current course of testing and treatment

runs, on average, from 4 to 6 weeks; the

testing and treatment protocols

proposed in this document are expected

to cut that time frame to 2 to 3 weeks.

We do not expect, however, that the

proposed changes will result in an

increase of horse imports into the

United States. Those countries that can

already profitably ship horses to the

United States and meet the current

requirements of the regulations would

not be significantly affected, and those

countries that do not currently meet

those requirements are not expected to

meet the proposed new requirements

either.

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 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

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

This proposed rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, 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. In § 92.300, the definition of

Weanling or yearling would be revised

to read as follows:

§ 92.300 Definitions.

* * * * *

Weanling or yearling. Any horse,

weaned from its dam, that was foaled

not more than 731 days prior to its being

offered for entry into the United States.
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules 28079

6The following breed associations and their

record systems have been approved by the

Department: Weatherby’s Ltd. for the United

Kingdom and Ireland; Haras du Pain for France; and

Direktorium fu ̈r Vollblutzucht und Rennen e.v. for

Germany.

A horse will not be considered to be a

weanling or yearling if its first

permanent incisors have erupted.

§§ 92.303 and 92.304 [Amended]

3. Sections 92.303 and 92.304 would

be amended as follows:

a. In § 92.304, footnote 12 and its

reference in the section heading would

be removed.

b. In § 92.303(e), footnote 11 and its

reference in the text would be

redesignated as footnote 12.

4. In § 92.301, paragraph (c) would be

revised and new paragraphs (d) through

(i) would be added to read as follows:

§ 92.301 General prohibitions; exceptions.

* * * * *

(c) Specific prohibitions regarding

contagious equine metritis; exceptions.

(1) Importation prohibited. Except as

provided in paragraph (c)(2) of this

section, notwithstanding the other

provisions of this part concerning the

importation of horses into the United

States, the importation of all horses

from any of the following listed

countries and the importation of all

horses that have been in any listed

country within the 12 months

immediately preceding their being

offered for entry into the United States

is prohibited, either because contagious

equine metritis (CEM) exists in the

listed country or because the listed

country trades horses freely with a

country in which CEM exists without

testing for CEM: Austria, Belgium,

Bosnia and Herzegovina, Croatia, Czech

Republic, Denmark, Finland, France,

Germany, Guinea-Bissau, Ireland, Italy,

Japan, the Member States of the

European Union, The Netherlands,

Norway, Slovakia, Slovenia, Sweden,

Switzerland, The Former Yugoslav

Republic of Macedonia, the United

Kingdom (England, Northern Ireland,

Scotland, Wales, and the Isle of Man),

and the nonrecognized areas of the

former Yugoslavia (Montenegro and

Serbia). Note: Montenegro and Serbia

have asserted the formation of a joint

independent State entitled ‘‘The Federal

Republic of Yugoslavia,’’ but this entity

has not been formally recognized as a

State by the United States.

(2) Exceptions. The provisions of

paragraph (c)(1) of this section shall not

apply to the following:

(i) Wild (non-domesticated) species of

equidae if captured in the wild or

imported from a zoo or other facility

where it would be unlikely that the

animal would come in contact with

domesticated horses used for breeding;

(ii) Geldings;

(iii) Weanlings or yearlings whose age

is certified on the import health

certificate required under § 92.314(a);

(iv) Horses imported in accordance

with conditions prescribed by the

Administrator as provided in

§ 92.301(a);

(v) Thoroughbred horses imported for

permanent entry from France, Germany,

Ireland, or the United Kingdom if the

horses meet the requirements of

paragraph (d) of this section;

(vi) Stallions or mares over 731 days

of age imported for permanent entry if

the horses meet the requirements of

paragraph (e) of this section;

(vii) Horses over 731 days of age

imported into the United States for no

more than 90 days to compete in

specified events if the horses meet the

requirements of paragraph (f) of this

section; and

(viii) Horses temporarily exported

from the United States or from another

country not known to be affected with

CEM to a country listed in paragraph

(c)(1) of this section within the 12

months immediately preceding their

being offered for entry into the United

States if the horses meet the

requirements of paragraph (g) of this

section.

(d) Thoroughbred horses from France,

Germany, Ireland, and the United

Kingdom. (1) Thoroughbred horses may

be imported for permanent entry from

France, Germany, Ireland, or the United

Kingdom if the horses meet the

following requirements:

(i) Each horse is accompanied at the

time of importation by an import permit

in accordance with § 92.304;

(ii) Each horse is accompanied at the

time of importation by an import health

certificate issued in accordance with

§ 92.314(a). In addition to the

information required by § 92.314(a), the

veterinarian signing and issuing the

certificate shall certify that:

(A) He or she has examined the daily

records of the horse’s activities

maintained by the trainer and certified

to be current, true, and factual by the

veterinarian in charge of the training or

racing stable;

(B) He or she has examined the

records of the horse’s activities

maintained by a breed association

specifically approved by the

Department 6 and certified by the breed

association to be current, true, and

factual for the following information:

Identification of the horse by name, sex,

age, breed, and all identifying marks;

identification of all premises where the

horse has been since reaching 731 days

of age and the dates that the horse was

at such premises; and that none of the

premises are breeding premises;

(C) He or she has compared the

records maintained by the approved

breed association with the records kept

by the trainer and has found the

information in those two sets of records

to be consistent and current;

(D) For thoroughbred horses over 731

days of age, cultures negative for CEM

were obtained from sets of specimens

collected on 3 separate occasions within

a 7-day period from the mucosal surface

of the urethra, the mucosal surface of

the clitoral sinuses, and the mucosal

surface of the cervix of any female

horses and from the surfaces of the

prepuce, the urethral sinus, and the

fossa glandis, including the

diverticulum of the fossa glandis, of any

male horses. For both female and male

horses, the sets of specimens must be

collected on days 1, 4, and 7 of the 7-

day period, and the last of these sets of

specimens must be collected within 30

days of exportation. All specimens

required by this paragraph must be

collected by a licensed veterinarian who

either is, or is acting in the presence of,

the veterinarian signing the certificate;

and

(E) All specimens required by

paragraph (d)(1)(ii)(D) of this section

were received within 48 hours of

collection by a laboratory approved to

culture for CEM by the national

veterinary service of the country of

export and were accompanied by a

statement indicating the date and time

of their collection.

(2) If any specimen collected in

accordance with paragraph (d)(1)(ii)(D)

of this section is found to be positive for

CEM, the horse must be treated for CEM

in a manner approved by the national

veterinary service of the country of

export. After the treatment is completed,

at least 21 days must pass before the

horse will be eligible to be tested again

in accordance with paragraph

(d)(1)(ii)(D) of this section. All

treatments performed, and the dates of

the treatments, must be recorded on the

health certificate.

(3) Thoroughbred horses imported

under paragraph (d)(1) of this section

must complete the Federal quarantine

required under § 92.308. Upon

completion of the Federal quarantine,

the horses may be released.

(e) Stallions and mares over 731 days

of age from CEM-affected countries.

(1) Stallions or mares over 731 days

of age may be imported for permanent

entry from a country listed in paragraph

(c)(1) of this section if the horses meet

the following requirements:
28080 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules

7A list of ointments effective against the CEM

organism may be obtained from the National Center

for Import and Export, Import/Export Animals, VS,

APHIS, 4700 River Road Unit 39, Riverdale, MD

20737–1231.

(i) Each horse is accompanied at the

time of importation by an import permit

issued in accordance with § 92.304. The

import permit must indicate that, after

completion of the Federal quarantine

required in § 92.308, the stallion or mare

will be consigned to a State that the

Administrator has approved to receive

such horses in accordance with

paragraph (h) of this section;

(ii) The horses are accompanied at the

time of importation by an import health

certificate issued in accordance with

§ 92.314(a);

(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 specimens must be

collected from the prepuce, urethral

sinus, and fossa glandis, including the

diverticulum of the fossa glandis; for

mares, the specimens must be collected

from the mucosal surface of the urethra,

the mucosal surface of the clitoral

sinuses, and the mucosal surface of the

cervix. 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 country of

origin;

(iv) The horses described on the

certificate must not have been used for

natural breeding, for the collection of

semen for artificial insemination in the

case of stallions, or for artificial

insemination in the case of mares, from

the time the specimens were collected

through the date of export;

(v) All specimens required by

paragraph (e)(1)(iii) of this section must

be received within 48 hours of

collection by a laboratory approved to

culture for CEM by the national

veterinary service of the country of

export and must be accompanied by a

statement indicating the date and time

of their collection; and

(vi) If any specimen collected in

accordance with paragraph (e)(1)(iii) of

this section is found to be positive for

CEM, the stallion or mare must be

treated for CEM in a manner approved

by the national veterinary service of the

country of export. After the treatment is

completed, at least 21 days must pass

before the horse will be eligible to be

tested again in accordance with

paragraph (e)(1)(ii) of this section. All

treatments performed, and the dates of

the treatments, must be recorded on the

health certificate.

(2) Post-entry. (i) Stallions and mares

imported under paragraph (e)(1) of this

section must complete the Federal

quarantine required under § 92.308.

Upon completion of the Federal

quarantine, stallions must be sent to an

approved State listed in paragraph (h)(6)

of this section, and mares must be sent

to an approved State listed in paragraph

(h)(7) of this section.

(ii) Once in the approved State, the

stallions or mares shall be quarantined

under State or Federal supervision until

the stallions have met the testing and

treatment requirements of paragraph

(e)(3) of this section and the mares have

met the testing and treatment

requirements of paragraph (e)(5) of this

section.

(iii) All tests and cultures required by

paragraphs (e)(3) through (e)(5) of this

section shall be conducted at the

National Veterinary Services

Laboratories, Ames, IA, or at a

laboratory approved by the

Administrator in accordance with

paragraph (i) of this section to conduct

CEM cultures and tests.

(iv) To be eligible for CEM culture or

testing, all specimens collected in

accordance with paragraphs (e)(3)

through (e)(5) of this section must be

received by the National Veterinary

Services Laboratories or the approved

laboratory within 48 hours of collection

and must be accompanied by a

statement indicating the date and time

of their collection.

(3) Testing and treatment

requirements for stallions. (i) Once the

stallion is in the approved State, one

specimen each shall be taken from the

prepuce, the urethral sinus, 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:

(A) The stallion must be treated for 5

consecutive days by thoroughly

cleaning and washing (scrubbing) its

prepuce, penis, including the fossa

glandis, and urethral sinus while the

stallion is in full erection with a

solution of not less than 2 percent

surgical scrub chlorhexidine and then

thoroughly coating (packing) the

stallion’s prepuce, penis, including the

fossa glandis, and urethral sinus with an

ointment effective against the CEM

organism.7 The treatment shall be

performed by an accredited veterinarian

and monitored by a State or Federal

veterinarian.

(B) Each mare to which the stallion

has been test bred shall be cultured for

CEM from sets of specimens that are

collected from each of the mucosal

surfaces of the cervix, urethra, and

clitoral sinuses on the third, sixth, and

ninth days after the breeding, with

negative results. A complement fixation

test for CEM must be done with negative

results on the fifteenth day after the

breeding.

(ii) If any culture or test required by

this paragraph is positive for CEM, the

stallion shall be treated as described in

paragraph (e)(3)(i)(A) of this section and

retested by being test bred to two mares

no less than 21 days after the last day

of treatment.

(iii) 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.

(4) Requirements for test mares. (i)

Mares to be used to test stallions for

CEM shall be permanently identified

before the mares are used for such

testing with the letter ‘‘T.’’ The marking

shall be permanently applied by an

inspector, a State inspector, or an

accredited veterinarian who shall use a

hot iron, freezemarking, or a lip tattoo.

If a hot iron or freezemarking is used,

the marking shall not be less than 2

inches (5.08 cm) high and shall be

applied to the left shoulder or left side

of the neck of the mare. If a lip tattoo

is used, the marking shall not be less

than 1 inch (2.54 cm) high and 0.75 inch

(1.9 cm) wide and shall be applied to

the inside surface of the upper lip of the

test mare.

(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. For culture, sets of

specimens shall be collected on the first,

fourth, and seventh days of a 7-day

period from the mucosal surfaces of the

urethra, clitoral sinuses, and cervix.

(iii) A test mare that has been used to

test stallions for CEM may be released

from quarantine only if:

(A) The test mare is found negative for

CEM on all cultures and tests required

under paragraph (e)(3)(ii) of this section;

(B) The test mare is subjected to an

ovariectomy by an accredited

veterinarian under the direct

supervision of a State or Federal

veterinarian;
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules 28081

8Recommended protocols for the flushing of

sinuses may be obtained from the National Center

for Import and Export, Import/Export Animals, VS,

APHIS, 4700 River Road Unit 39, Riverdale, MD

20737–1231.

9A list of ointments effective against the CEM

organism may be obtained from the National Center

for Import and Export, Import/Export Animals, VS,

APHIS, 4700 River Road Unit 39, Riverdale, MD

20737–1231.

(C) The test mare is treated and

handled in accordance with paragraph

(e)(5) of this section; or

(D) The test mare is moved directly to

slaughter without unloading en route, is

euthanized, or dies.

(5) Testing and treatment

requirements for mares. (i) Once the

mare is in the approved State, sets of

specimens shall be collected from each

mare on three separate occasions within

a 7-day period. On days 1, 4, and 7, an

accredited veterinarian shall collect a

specimen from the mucosal surfaces of

the urethra, clitoral sinuses, and cervix,

and shall submit each specimen or set

of specimens to the National Veterinary

Services Laboratories, Ames, IA, or at a

laboratory approved by the

Administrator in accordance with

paragraph (i) of this section to conduct

CEM cultures and tests.

(ii) Following the collection of

specimens in accordance with

paragraph (e)(5)(i) of the section, an

accredited veterinarian shall manually

remove organic debris from the sinuses

of each mare and then flush the sinuses

with a cerumalytic agent.8

(iii) For 5 consecutive days after the

sinuses have been cleaned, an

accredited veterinarian shall aseptically

clean and wash (scrub) the external

genitalia and vaginal vestibule,

including the clitoral fossa, with a

solution of not less than 2 percent

chlorhexidine in a detergent base and

then fill the clitoral fossa and sinuses,

and coat the external genitalia and

vaginal vestibule with an antibiotic

ointment effective against the CEM

organism.9

(iv) A mare may be released from

State quarantine only if all cultures

performed on specimens taken from the

mare are negative for CEM.

(v) If any culture required by this

paragraph is positive for CEM, the mare

shall be treated as described in

paragraphs (e)(5)(ii) and (e)(5)(iii) of this

section. No less than 21 days after the

last day of treatment, the mare shall be

tested again in accordance with

paragraph (e)(5)(i) of this section. If all

specimens are negative for CEM, the

mare may be released from quarantine.

(f) Special provisions for temporary

importation. Horses over 731 days of age

may be imported into the United States

for no more than 90 days to compete in

specified events if the following

conditions are met:

(1) The horse may remain in the

United States for not more than 90 days

following the horse’s arrival in the

United States, except as provided in

paragraph (f)(6) of this section and,

while in the United States, the horse

must be moved according to the

itinerary and methods of transport

specified in the import permit provided

for in § 92.304 of this part;

(2) While the horse is in the United

States, the following conditions must be

met:

(i) Except when in transit, the horse

must be kept on a premises that has

been approved, orally or in writing, by

an APHIS representative. If the approval

is oral, it will be confirmed in writing

by the Administrator as soon as

circumstances permit. To receive

approval, the premises:

(A) Must not be a breeding premises;

and

(B) Must be or contain a building in

which the horse can be kept in a stall

that is separated from other stalls

containing horses, either by an empty

stall, by an open area across which

horses cannot touch each other, or by a

solid wall that is at least 8 feet (2.4 m)

high.

(ii) While at the premises at which the

horse competes, the horse must be

monitored by an accredited veterinarian

or APHIS representative to ensure that

the provisions of paragraphs (f)(2)(i),

(f)(2)(iv), and (f)(2)(v) of this section are

met. If the monitoring is performed by

an accredited veterinarian, spot checks

will be conducted by an APHIS

representative to ensure that the

requirements of this section are being

met. If an APHIS representative finds

that requirements are not being met, the

Administrator may require that all

remaining monitoring for the event be

conducted by APHIS representatives to

ensure compliance.

(iii) While in transit, the horse must

be moved in either an aircraft or a

sealed van or trailer. If the horse is

moved in a sealed van or trailer, the seal

may be broken only by an APHIS

representative at the horse’s destination,

except in situations where the horse’s

life is in danger.

(iv) Except when actually competing

or being exercised, the horse must be

kept in a stall that is separated from

other stalls containing horses, either by

an empty stall, by an open area across

which horses cannot touch each other,

or by a solid wall that is at least 8 feet

(2.4 m) high.

(v) The horse may not be used for

breeding purposes (including artificial

insemination), may not have any other

sexual contact with other horses, and

may not undergo any genital

examinations.

(vi) After the horse is transported

anywhere in the United States, any

vehicle in which the horse was

transported must be cleaned and

disinfected in the presence of an APHIS

representative, according to the

procedures specified in §§ 71.7 through

71.12 of this chapter, before any other

horse is transported in the vehicle.

(vii) The cleaning and disinfection

specified in paragraph (f)(2)(vi) of this

section must be completed before the

vehicle is moved from the place where

the horse is unloaded. In those cases

where the facilities or equipment for

cleaning and disinfection are inadequate

at the place where the horse is

unloaded, the Administrator may allow

the vehicle to be moved to another

location for cleaning and disinfection

when the move will not pose a disease

risk to other horses in the United States.

(viii) The owner or importer of the

horse must comply with any other

provisions of this part applicable to him

or her.

(3) If the owner or importer wishes to

change the horse’s itinerary or the

methods by which the horse is

transported from that which he or she

specified in the application for the

import permit, the owner or importer

must make the request for change in

writing to the Administrator. Requests

should be sent to the Administrator, c/

o Import-Export Animals Staff, VS,

APHIS, 4700 River Road Unit 39,

Riverdale, MD 20737–1231. The change

in itinerary or method of transport may

not be made without the written

approval of the Administrator, who may

grant the request for change when he or

she determines that granting the request

will not endanger other horses in the

United States and that sufficient APHIS

personnel are available to provide the

services required by the owner or

importer. If more than one application

for an import permit is received, APHIS

personnel will be assigned in the order

that the applications that otherwise

meet the requirements of this section are

received.

(4) The Administrator may cancel,

orally or in writing, the import permit

provided for under § 92.304 of this part

whenever the Administrator finds that

the owner or importer of the horse has

not complied with the provisions of

paragraphs (f)(1) through (f)(3) of this

section or any conditions imposed

under those provisions. If the

cancellation is oral, the Administrator

will confirm the cancellation and the

reasons for the cancellation in writing as
28082 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules

soon as circumstances permit. Any

person whose import permit is canceled

may appeal the decision in writing to

the Administrator within 10 days after

receiving oral or written notification of

the cancellation, whichever is earlier. If

the appeal is sent by mail, it must be

postmarked within 10 days after the

owner or importer receives oral or

written notification of the cancellation,

whichever is earlier. The appeal must

include all of the facts and reasons upon

which the person relies to show that the

import permit was wrongfully canceled.

The Administrator will grant or deny

the appeal in writing as promptly as

circumstances permit, stating the reason

for his or her decision. If there is a

conflict as to any material fact, a hearing

will be held to resolve the conflict.

Rules of practice concerning the hearing

will be adopted by the Administrator.

(5) Except in those cases where an

appeal is in process, any person whose

import permit is canceled must move

the horse identified in the import permit

out of the United States within 10 days

after receiving oral or written

notification of cancellation, whichever

is earlier. The horse is not permitted to

enter competition from the date the

owner or importer receives the notice of

cancellation until the horse is moved

out of the United States or until

resolution of an appeal in favor of the

owner or importer. Except when being

exercised, the horse must be kept, at the

expense of the owner or importer, in a

stall on the premises where the horse is

located when the notice of cancellation

is received, or, if the horse is in transit

when the notice of cancellation is

received, on the premises where it is

next scheduled to compete according to

the import permit. The stall in which

the horse is kept must be separated from

other stalls containing horses, either by

an empty stall, by an open area across

which horses cannot touch each other,

or by a solid wall that is at least 8 feet

(2.4 m) high. In cases where the owners

of the above specified premises do not

permit the horse to be kept on those

premises, or when the Administrator

determines that keeping the horse on

the above specified premises will pose

a disease risk to horses in the United

States, the horse must be kept, at the

expense of the owner or importer, on an

alternative premises approved by the

Administrator.

(6) Stallions or mares over 731 days

of age that are imported for no more

than 90 days in accordance with

paragraphs (f)(1) through (f)(3) of this

section may be eligible to remain in the

United States if the following is

completed:

(i) Following completion of the

itinerary specified in the import permit

provided for in § 92.304 of this part, the

horse’s owner or importer applies for

and receives a new import permit that

specifies that the stallion or mare will

be moved to an approved State listed in

paragraph (h)(6) or (h)(7) of this section;

and

(ii) The stallion or mare is transported

in a sealed vehicle that has been cleaned

and disinfected to an approved facility

in an approved State where it is

quarantined under State or Federal

supervision until the stallion or mare

has met the testing and treatment

requirements of paragraph (e)(3) or (e)(5)

of this section.

(7) All costs and charges associated

with the supervision and maintenance

of a horse imported under paragraphs

(f)(1) through (f)(3) of this section will

be borne by the horse’s owner or

importer. The costs associated with the

supervision and maintenance of the

horse by an APHIS representative at his

or her usual places of duty will be

reimbursed by the horse’s owner or

importer through user fees payable

under part 130 of this chapter.

(8) In the event that an APHIS

representative must be temporarily

detailed from his or her usual place of

duty in connection with the supervision

and maintenance of a horse imported

under paragraphs (f)(1) through (f)(3) of

this section, the owner or importer of

the horse must execute a trust fund

agreement with APHIS to reimburse all

expenses (including travel costs, salary,

per diem or subsistence, administrative

expenses, and incidental expenses)

incurred by the Department in

connection with the temporary detail.

Under the trust fund agreement, the

horse’s owner or importer must deposit

with APHIS an amount equal to the

estimated cost, as determined by APHIS,

for the APHIS representative to inspect

the premises at which the horse will

compete, to conduct the monitoring

required by paragraph (f)(2)(ii) of this

section, and to supervise the cleaning

and disinfection required by paragraph

(f)(2)(vi) of this section. The estimated

costs will be based on the following

factors:

(i) Number of hours needed for an

APHIS representative to conduct the

required inspection and monitoring;

(ii) For services provided during

regular business hours (8 a.m. to 4:30

p.m., Monday through Saturday, except

holidays), the average salary, per hours,

for an APHIS representative;

(iii) For services provided outside

regular business hours, the applicable

rate for overtime, night differential, or

Sunday or holiday pay, based on the

average salary, per hour, for an APHIS

representative;

(iv) Number of miles from the

premises at which the horse competes to

the APHIS office or facility that is

monitoring the activities;

(v) Government rate per mile for

automobile travel or, if appropriate, cost

of other means of transportation

between the premises at which the

horse competes and the APHIS office or

facility;

(vi) Number of trips between the

premises at which the horse competes

and the APHIS office or facility that

APHIS representatives are required to

make in order to conduct the required

inspection and monitoring;

(vii) Number of days the APHIS

representative conducting the

inspection and monitoring must be in

‘‘travel status;’’

(viii) Applicable government per diem

rate; and

(ix) Cost of related administrative

support services.

(9) If a trust fund agreement with

APHIS has been executed by the owner

or importer of a horse in accordance

with paragraph (f)(8) of this section and

APHIS determines, during the horse’s

stay in the United States, that the

amount deposited will be insufficient to

cover the services APHIS is scheduled

to provide during the remainder of the

horse’s stay, APHIS will issue to the

horse’s owner or importer a bill to

restore the deposited amount to a level

sufficient to cover the estimated cost to

APHIS for the remainder of the horse’s

stay in the United States. The horse’s

owner or importer must pay the amount

billed within 14 days after receiving the

bill. If the bill is not paid within 14 days

after its receipt, APHIS will cease to

perform the services provided for in

paragraph (f)(2) of this section until the

bill is paid. The Administrator will

inform the owner or importer of the

cessation of services orally or in writing.

If the notice of cessation is oral, the

Administrator will confirm, in writing,

the notice of cessation and the reason

for the cessation of services as soon as

circumstances permit. In such a case,

the horse must be kept, at the expense

of the owner or importer and until the

bill is paid, in a stall either on the

premises at which the horse is located

when the notice of cessation of services

is received, or, if the horse is in transit

when the notice of cessation of services

is received, on the premises at which it

is next scheduled to compete according

to the import permit. The stall in which

the horse is kept must be separated from

other stalls containing horses either by

an empty stall, an open area across

which horses cannot touch each other,
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules 28083

or a solid wall that is at least 8 feet (2.4

m) high. In cases where the owners of

the above specified premises do not

permit the horse to be kept on those

premises, or when the Administrator

determines that keeping the horse on

the above specified premises will pose

a disease risk to other horses in the

United States, the horse must be kept,

at the expense of the owner or importer,

on an alternative premises approved by

the Administrator. Until the bill is paid,

the horse is not permitted to enter

competition. Any amount deposited in

excess of the costs to APHIS to provide

the required services will be refunded to

the horse’s owner or importer.

(g) Special provisions for the

importation of horses that have been

temporarily exported to a CEM-affected

country. If a horse has been temporarily

exported for not more than 60 days from

the United States to a CEM-affected

country listed in paragraph (c)(1) of this

section, or if a horse has been

temporarily exported for not more than

60 days from another country not

known to be affected with CEM to a

CEM-affected country during the 12

months preceding its exportation to the

United States, the horse may be eligible

for return or importation into the United

States without meeting the requirements

of paragraphs (d) through (f) of this

section under the following conditions:

(1) The horse must be accompanied

by a certificate that meets the

requirements of § 92.314(a) of this part

issued by each CEM-affected country

that the horse has visited during the

term of its temporary exportation, and

each certificate must contain the

following additional declarations:

(i) That the horse was held separate

and apart from all other horses except

for the time it was actually participating

in an event or was being exercised by

its trainer;

(ii) That the premises on which the

horse was held were not used for any

equine or horse breeding purpose;

(iii) That the horse was not bred to or

bred by any animal, nor did it have any

other sexual contact or genital

examination while in such country; and

(iv) That all transport while in such

country was carried out in cleaned and

disinfected vehicles in which no other

horses were transported since such

cleaning and disinfection;

(2) The horse is accompanied by an

import permit issued in accordance

with § 92.304 of this part at the time of

exportation;

(3) If the horse was temporarily

exported from the United States and is

being returned to the United States, the

horse must be accompanied by a copy

of the United States health certificate

issued for its exportation from the

United States and endorsed in

accordance with the export regulations

in part 91 of this chapter;

(4) The horse must be examined by an

inspector at the U.S. port of entry and

found by the inspector to be the

identical horse covered by the

documents required by paragraphs (a)

through (c) of this section and found by

the inspector to be free of

communicable disease and exposure

thereto; and

(5) The horse must be quarantined

and tested at the U.S. port of entry as

provided in § 92.308 of this part prior to

release.

(h) Approval of States. In order for a

State to be approved to receive stallions

or mares over 731 days of age from a

CEM-affected country listed in

paragraph (c)(1) of this section that are

imported under paragraph (e) of this

section, the State must meet the

following conditions:

(1) The State must enter into a written

agreement with the Administrator,

whereby the State agrees to enforce its

laws and regulations to control CEM

and to abide by the conditions of

approval established by the regulations

in this part.

(2) The State must agree to quarantine

all stallions and mares over 731 days of

age imported under the provisions of

paragraph (e) of this section until the

stallions have been treated in

accordance with paragraph (e)(3) of this

section and the mares have been treated

in accordance with paragraph (e)(5) of

this section.

(3) The State must agree to quarantine

all mares used to test stallions for CEM

until the mares have been released from

quarantine in accordance with

paragraph (e)(4) of this section.

(4) The State must have laws or

regulations requiring that stallions over

731 days of age imported under

paragraph (e) of this section be treated

in the manner specified in paragraph

(e)(3) of this section, and that mares

over 731 days of age imported under

paragraph (e) of this section be treated

in the manner specified in paragraph

(e)(5) of this section.

(5) Approval of any State to receive

stallions or mares imported from

countries affected with CEM may be

suspended by the Administrator upon

his or her determination that any

requirements of this section are not

being met. After such action is taken,

the animal health authorities of the

approved State will be informed of the

reasons for the action and afforded an

opportunity to present their views

thereon before such suspension is

finalized; however, such suspension of

approval shall continue in effect unless

otherwise ordered by the Administrator.

In those instances where there is a

conflict as to the facts, a hearing shall

be held to resolve such conflict.

(6) The following States have been

approved to receive stallions over 731

days of age imported under paragraph

(e) of this section:

The State of Alabama

The State of California

The State of Colorado

The State of Florida

The State of Kentucky

The State of Louisiana

The State of Maryland

The State of Montana

The State of New Hampshire

The State of New Jersey

The State of New York

The State of North Carolina

The State of Ohio

The State of South Carolina

The State of Tennessee

The State of Texas

The State of Virginia

The State of Wisconsin

(7) The following States have been

approved to receive mares over 731 days

of age imported under paragraph (e) of

this section:

The State of Alabama

The State of California

The State of Colorado

The State of Kentucky

The State of Louisiana

The State of Maryland

The State of Montana

The State of Hew Hampshire

The State of New Jersey

The State of New York

The State of North Carolina

The State of Ohio

The State of South Carolina

The State of Tennessee

The State of Texas

The State of Virginia

The State of Wisconsin

(i) Approval of laboratories. (1) The

Administrator will approve a laboratory

to conduct CEM cultures and tests only

after consulting with the State animal

health official in the State in which the

laboratory is located and after

determining that the laboratory:

(i) Has technical personnel assigned

to conduct the CEM culturing and

testing who possess the following

minimum qualifications:

(A) A bachelor’s degree in

microbiology;

(B) A minimum of 2 years experience

working in a bacteriology laboratory;

and

(C) Experience working with the CEM

organism, including knowledge of the

specific media requirements,

atmospheric requirements, and
28084 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules

10When training regarding CEM culturing and

testing is necessary, it may be obtained at the

National Veterinary Services Laboratories, Ames, IA

50010.

11Standard test protocols prescribed by the

National Veterinary Services Laboratories and a list

of approved laboratories can be obtained from the

National Veterinary Services Laboratories, Ames, IA

50010.

procedures for the isolation and

identification of the CEM organism.10

(ii) Follows standard test protocol

prescribed by the National Veterinary

Services Laboratories; 11 and

(iii) Reports all official test results to

the State animal health official and the

Veterinarian in Charge.

(2) To retain approval, the laboratory

must meet the requirements prescribed

in paragraph (i)(1) of this section, and

shall test with the CEM organism each

lot of media it prepares to ensure that

the media will support growth of the

laboratory’s reference culture. Media

that will not support growth of the

reference culture must be discarded.

(3) The Administrator may deny or

withdraw approval of any laboratory to

conduct CEM culturing or testing upon

a determination that the laboratory does

not meet the criteria for approval or

maintenance of approval under

paragraphs (i)(1) and (i)(2) of this

section.

(i) In the case of a denial of approval,

the operator of the laboratory will be

informed of the reasons for denial and,

upon request, will be afforded an

opportunity for a hearing with respect to

the merits or validity of the denial in

accordance with rules of practice that

will be adopted for the hearing.

(ii) In the case of a withdrawal of

approval, before such action is taken,

the operator of the laboratory will be

informed of the reasons for the proposed

withdrawal and, upon request, will be

afforded an opportunity for a hearing

with respect to the merits or validity of

the proposed withdrawal in accordance

with rules of practice that will be

adopted for the hearing. However, the

withdrawal will become effective

pending a final determination in the

hearing when the Administrator

determines that such action is necessary

to protect the public health, interest, or

safety. The withdrawal will be effective

upon oral or written notification,

whichever is earlier, to the operator of

the laboratory. In the event of oral

notification, written confirmation will

be given as promptly as circumstances

allow. The withdrawal will continue in

effect pending completion of the hearing

and any judicial review of the hearing,

unless otherwise ordered by the

Administrator.

(iii) Approval for a laboratory to

conduct CEM culturing or testing will

be automatically withdrawn by the

Administrator when the operator of the

approved laboratory notifies the

National Veterinary Services

Laboratories, Ames, IA 50010, in

writing, that the laboratory no longer

conducts CEM culturing and testing.

(Approved by the Office of

Management and Budget under control

number 0579–0040)

5. Section 92.304 would be amended

as follows:

a. The section heading would be

revised to read as set forth below.

b. In the introductory text of

paragraph (a)(1)(ii), the reference

‘‘§ 92.301(c)(2)(viii)’’ would be removed

both times it appears and the reference

‘‘§ 92.301(f)’’ added in its place.

c. In paragraph (a)(1)(iii), in the first

sentence, the reference

‘‘§ 92.301(c)(2)(viii)’’ would be removed

and the reference ‘‘§ 92.301(f)’’ added in

its place.

d. Paragraphs (a)(4) through (a)(12)

would be removed.

e. Paragraph (b) would be revised to

read as set forth below.

§ 92.304 Import permits for horses from

countries affected with CEM and for horse

specimens for diagnostic purposes;

reservation fees for space at quarantine

facilities maintained by APHIS.

(a) * * *

(b) Permit. (1) When a permit is

issued, the original and two copies will

be sent to the importer. It shall be the

responsibility of the importer to forward

the original permit and one copy to the

shipper in the country of origin, and it

shall also be the responsibility of the

importer to ensure that the shipper

presents the copy of the permit to the

carrier and makes the necessary

arrangements for the original permit to

accompany the shipment to the

specified U.S. port of entry for

presentation to the collector of customs.

(2) Horses and horse test specimens

for which a permit is required under

paragraph (a) of this section will be

received at the port of entry specified on

the permit within the time prescribed in

the permit, which shall not exceed 14

days from the first day that the permit

is effective.

(3) Horses and horse test specimens

for which a permit is required under

paragraph (a) of this section will not be

eligible for entry if:

(i) A permit has not been issued for

the importation of the horse or horse

test specimen;

(ii) If the horse or horse test specimen

is unaccompanied by the permit issued

for its importation;

(iii) If the horse or horse test specimen

is shipped from any port other than the

one designated in the permit;

(iv) If the horse or horse test specimen

arrives in the United States at any port

other than the one designated in the

permit;

(v) If the horse or horse test specimen

offered for entry differs from that

described in the permit; or

(vi) If the horse or horse test specimen

is not handled as outlined in the

application for the permit and as

specified in the permit issued.

§ 92.308 [Amended]

6. In § 92.308(a)(3), footnote 16 and its

reference in the text would be

redesignated as footnote 14.

7. In § 92.308(c)(1), footnote 17 and its

reference in the text would be

redesignated as footnote 15.

8. Section 92.314 would be revised to

read as follows:

§ 92.314 Horses, certification, and

accompanying equipment.

(a) Horses offered for importation

from any part of the world shall be

accompanied by a certificate of a

salaried veterinary officer of the

national government of the country of

origin, or if exported from Mexico, shall

be accompanied either by such a

certificate or by a certificate issued by

a veterinarian accredited by the

National Government of Mexico and

endorsed by a full-time salaried

veterinary officer of the National

Government of Mexico, thereby

representing that the veterinarian

issuing the certificate was authorized to

do so, showing that:

(1) The horses described in the

certificate have been in said country

during the 60 days preceding

exportation;

(2) That each horse has been

inspected on the premises of origin and

found free of evidence of communicable

disease and, insofar as can be

determined, exposure thereto during the

60 days preceding exportation;

(3) That each horse has not been

vaccinated with a live or attenuated or

inactivated vaccine during the 14 days

preceding exportation: Provided,

however, That in specific cases the

Administrator may authorize horses that

have been vaccinated with an

inactivated vaccine to enter the United

States when he or she determines that

in such cases and under such conditions

as he or she may prescribe such

importation will not endanger the

livestock in the United States, and such

horses comply with all other applicable

requirements of this part;

(4) That, insofar as can be determined,

no case of African horse sickness,

dourine, glanders, surra, epizootic

lymphangitis, ulcerative lymphangitis,
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Proposed Rules 28085

equine piroplasmosis, Venezuelan

equine encephalomyelitis, or equine

infectious anemia has occurred on the

premises of origin or on adjoining

premises during the 60 days preceding

exportation; and

(5) That, except as provided in

§ 92.301(g):

(i) The horses have not been in any

country listed in § 92.301(c)(1) as

affected with CEM during the 12 months

immediately prior to their importation

into the United States;

(ii) The horses have not been on any

premises at any time during which time

such premises were found by an official

of the veterinary services of the national

government of the country where such

premises are located, to be affected with

CEM;

(iii) The horses have not been bred by

or bred to any horses from an affected

premises; and

(iv) The horses have had no other

contact with horses that have been

found to be affected with CEM or with

horses that were imported from

countries affected with CEM.

(b) If a horse is presented for

importation from a country where it has

been for less than 60 days, the horse

must be accompanied by a certificate

that meets the requirements of

paragraph (a) of this section that has

been 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 its shipment to the United

States. The dates during which the

horse was in each country during the 60

days immediately preceding its

exportation to the United States shall be

included as a part of the certification.

(c) Following the port-of-entry

inspection required by § 92.306 of this

part, and before a horse offered for

importation from any part of the world

is released from the port of entry, an

inspector may require the horse and its

accompanying equipment to be

disinfected as a precautionary measure

against the introduction of foot-andmouth disease or any other disease

dangerous to the livestock of the United

States.

§ 92.315 [Amended]

9. In § 92.315, in the undesignated

center heading ‘‘CANADA 18’’, footnote

18 and its reference in the center

heading would be redesignated as

footnote 16.

§ 92.319 [Amended]

10. In § 92.319, in the undesignated

center heading ‘‘COUNTRIES OF

CENTRAL AMERICA AND WEST

INDIES 19’’, footnote 19 and its reference

in the center heading would be

redesignated as footnote 17.

§ 92.321 [Amended]

11. In § 92.321, in the undesignated

center heading ‘‘MEXICO20’’, footnote

20 and its reference in the center

heading would be redesignated as

footnote 18.

§ 92.324 [Amended]

12. In § 92.324, in the second

sentence, footnote 21 and its reference

in the text would be redesignated as

footnote 19.

Done in Washington, DC, this 30th day of

May 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–13897 Filed 6–03–96; 8:45 am]

BILLING CODE 3410–34–P

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Parts 704, 709, and 741

Corporate Credit Unions; Involuntary

Liquidation of Federal Credit Unions

and Adjudication of Creditor Claims

Involving Federally Insured Credit

Unions in Liquidation; Requirements

for Insurance

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Proposed rule.

SUMMARY: NCUA is issuing proposed

revisions to the rules governing

corporate credit unions. As the credit

union industry has become more

complex and competitive, the demands

on corporate credit unions have become

greater. Corporate credit unions are

providing a greater variety of more

sophisticated services. The proposed

rule is intended to strengthen corporate

credit union capital and ensure that the

risk on corporate credit union balance

sheets is adequately managed and

controlled.

DATES: Comments must be received on

or before September 3, 1996.

ADDRESSES: Comments should be

directed to Becky Baker, Secretary of the

Board. Mail or hand-deliver comments

to: National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia 22314–3428. Fax

comments to (703) 518–6319. Post

comments on NCUA’s electronic

bulletin board by dialing (703) 518–

6480. Please send comments by one

method only.

FOR FURTHER INFORMATION CONTACT:

Robert F. Schafer, Acting Director,

Office of Corporate Credit Unions, at the

above address or telephone (703) 518–

6640; or Edward Dupcak, Director,

Office of Investment Services, at the

above address or telephone (703) 518–

6620.

SUPPLEMENTARY INFORMATION:

A. Background

Part 704 was amended in 1992 to

address a broad array of corporate credit

union matters. See 57 FR 22626 (May

28, 1992). The regulation has been in

effect for several years, during a time of

great change in the credit union

industry. NCUA has had an opportunity

to see how the regulation has worked

and to consider how it could be

improved. Section 704.12, governing

representation issues, was revised in

1994. See 59 FR 59357 (Nov. 17, 1994).

In April 1995, NCUA issued a proposed

regulation to revise most of the sections

of Part 704. See 60 FR 20438 (Apr. 26,

1995). Comments were due by June 26,

1995. On May 17, 1995, NCUA extended

the comment period an additional 60

days to August 25, 1995. See 60 FR

27240 (May 23, 1995). The

supplementary information section

noted that NCUA had been working

with an outside firm to provide riskprofile assessments of corporate credit

unions, using simulated modeling

techniques, and that the process had

proven to be more time-consuming than

envisioned.

In response to the comments received

and results of the modeling, NCUA

determined to issue this revised

proposed rule for another round of

public comment. In developing this

revised proposal, NCUA considered all

of the written comments, the results of

further modeling, and the input

provided by corporate credit union

representatives in a number of dialogue

meetings conducted by NCUA.

It should be noted that the

background section of the initial

proposed rule observed that NCUA

supervises all corporate credit unions

but that only those that are federally

chartered pay an operating fee to the

agency. Questions were raised as to

whether this put federally chartered

corporate credit unions at a competitive

disadvantage and whether all corporate

credit unions should pay for NCUA’s

corporate credit union supervision

program. NCUA asked for comment on

whether it would be appropriate to

assess all corporate credit unions an

examination fee or to abolish corporate

credit union fees altogether and require

natural person credit unions, since they

benefit from the existence of corporate

credit unions, to make up the difference.