[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Proposed Rules]
[Pages 28073-28085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13897]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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

[[Page 28073]]



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.

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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: <a href="/cdn-cgi/l/email-protection#9ef4fcf1e9f2f7f0f9deffeef6f7edb0ebedfaffb0f9f1e8"><span class="__cf_email__" data-cfemail="503a323f273c393e371031203839237e252334317e373f26">[email protected]</span></a>.

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, Secs. 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 Sec. 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 
Sec. 92.301(c)(2). The regulations in Sec. 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:
    <bullet> Reorganizing the CEM regulations to eliminate duplication 
and to make their provisions easier to find and use;
    <bullet> Removing the requirements for clitoral sinusectomies and 
endometrial cultures in female horses and establishing new protocols 
for the collection of specimens for culturing;
    <bullet> Incorporating new testing and treatment protocols for 
stallions and test mares;
    <bullet> Incorporating a new testing protocol for thoroughbred 
horses in training in their country of origin; and
    <bullet> 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 Sec. 92.301(c) and Sec. 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 
Sec. 92.301(c)(1). The exceptions to that prohibition would remain in 
Sec. 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 Sec. 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 Sec. 92.301(c)(2) are brief and 
require little elaboration. Specifically, current Sec. 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

[[Page 28074]]

Sec. 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 Sec. 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 2\1/2\ 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 
Sec. 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 
Sec. 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:
    <bullet> Thoroughbred horses imported for permanent entry from 
France, Germany, Ireland, or the United Kingdom (current 
Sec. 92.301(c)(2)(iii)) would become new Sec. 92.301(d);
    <bullet> Stallions and mares over 731 days of age imported for 
permanent entry (current Sec. 92.301(c)(2) (iv) through (vii)) would 
become new Sec. 92.301(e). The post-entry testing and treatment 
requirements for those stallions and mares (current Sec. 92.304 (a)(4) 
to (a)(5) and (a)(7) to (a)(8), respectively) would also be 
incorporated into new Sec. 92.301(e);
    <bullet> Horses over 731 days of age imported for no more than 90 
days to compete in specified events (current Sec. 92.301(c)(2) (viii) 
through (x)) would become new Sec. 92.301(f); and
    <bullet> 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 Sec. 92.301(c)(2)(xi)) would become 
new Sec. 92.301(g).
    We are also proposing to establish two more new paragraphs in 
Sec. 92.301 into which we would move the remaining CEM-specific 
provisions of Sec. 92.304. First, we are proposing to move the 
provisions of paragraphs Sec. 92.304 (a)(4) through (a)(9) to proposed 
new paragraph Sec. 92.301(h). Those paragraphs provide for the approval 
of States to accept stallions and mares from CEM-affected countries and 
list the States that have received such approval. Second, the 
provisions of Sec. 92.304 (a)(10) through (a)(12), which pertain to the 
approval of laboratories to conduct CEM cultures and tests, would 
become new Sec. 92.301(i).
    We are also proposing to make nonsubstantive organizational changes 
to Secs. 92.304(b) and 92.314 to improve their readability. Current 
Sec. 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 Sec. 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 Sec. 92.304(b) by organizing its 
regulatory text into paragraphs (b)(1) through (b)(3) and to amend 
Sec. 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 
(Sec. 92.301(c)(2)(iii)), stallions over 731 days of age 
(Sec. 92.301(c)(2)(iv)), mares over 731 days of age (Sec. 92.301(c)(2) 
(v), (vi), and (vii)), and horses that have been temporarily exported 
to a CEM-affected country from the United States or another country not 
known to be affected with CEM (Sec. 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 Sec. 92.314 for all horses offered for 
importation, and Sec. 92.314 clearly describes the information that the 
certificate must contain and who may sign the certificate. Two of the 
criteria found in Sec. 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 Sec. 92.301(c)(2) cited in the 
preceding paragraph. Because those signature and confirmation criteria 
are clearly described in Sec. 92.314, we do not believe that it is 
necessary to repeat them in other sections of the regulations. 
Therefore, proposed new Sec. 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 
Sec. 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 Sec. 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.

[[Page 28075]]

    Similarly, where there are now three different sets of provisions 
for importing female horses over 731 days of age for permanent entry 
(Sec. 92.301 (c)(2)(v), (c)(2)(vi), and (c)(2)(vii)), proposed new 
Sec. 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 pre-import 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 
Sec. 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 (Sec. 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 (Sec. 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 
(Sec. 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 Sec. 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 (Sec. 92.301(c)(2)(iii)(B)), 
female horses over 731 days of age (Sec. 92.301 (c)(2)(v)(F) and 
(c)(2)(vi)(D)), test mares used for testing stallions in an approved 
State (Sec. 92.304 (a)(5)(iii)(B)(2) and (a)(5)(iii)(C)(2)), pregnant 
mares over 731 days of age (Sec. 92.304(a)(8)(iii)(C)(1)),

[[Page 28076]]

nonpregnant mares over 731 days of age (Sec. 92.304(a)(8)(iii)(C)(2)), 
and mares over 731 days of age that have been found to be positive for 
CEM (Sec. 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 Sec. 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

[[Page 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 pre-export 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 CEM-infected 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 Sec. 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 
Sec. 92.301(c)(1).

Use of Accredited Veterinarians

    The regulations in Sec. 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 Sec. 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 Sec. 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,

[[Page 28078]]

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 Sec. 92.300, the definition of Weanling or yearling would be 
revised to read as follows:


Sec. 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.

[[Page 28079]]

A horse will not be considered to be a weanling or yearling if its 
first permanent incisors have erupted.


Secs. 92.303 and 92.304  [Amended]

    3. Sections 92.303 and 92.304 would be amended as follows:
    a. In Sec. 92.304, footnote 12 and its reference in the section 
heading would be removed.
    b. In Sec. 92.303(e), footnote 11 and its reference in the text 
would be redesignated as footnote 12.
    4. In Sec. 92.301, paragraph (c) would be revised and new 
paragraphs (d) through (i) would be added to read as follows:


Sec. 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 Sec. 92.314(a);
    (iv) Horses imported in accordance with conditions prescribed by 
the Administrator as provided in Sec. 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 Sec. 92.304;
    (ii) Each horse is accompanied at the time of importation by an 
import health certificate issued in accordance with Sec. 92.314(a). In 
addition to the information required by Sec. 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 <SUP>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;
---------------------------------------------------------------------------

    \6\ The 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 fur Vollblutzucht und Rennen e.v. for Germany.
---------------------------------------------------------------------------

    (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 
Sec. 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:

[[Page 28080]]

    (i) Each horse is accompanied at the time of importation by an 
import permit issued in accordance with Sec. 92.304. The import permit 
must indicate that, after completion of the Federal quarantine required 
in Sec. 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 Sec. 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 Sec. 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.<SUP>7 The 
treatment shall be performed by an accredited veterinarian and 
monitored by a State or Federal veterinarian.
---------------------------------------------------------------------------

    \7\ A 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.
---------------------------------------------------------------------------

    (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;

[[Page 28081]]

    (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.<SUP>8
---------------------------------------------------------------------------

    \8\ Recommended 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.
---------------------------------------------------------------------------

    (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.<SUP>9
---------------------------------------------------------------------------

    \9\ A 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.
---------------------------------------------------------------------------

    (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 Sec. 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 Secs. 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 Sec. 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

[[Page 28082]]

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 Sec. 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,

[[Page 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 Sec. 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 Sec. 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 Sec. 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

[[Page 28084]]

procedures for the isolation and identification of the CEM 
organism.<SUP>10
---------------------------------------------------------------------------

    \10\ When training regarding CEM culturing and testing is 
necessary, it may be obtained at the National Veterinary Services 
Laboratories, Ames, IA 50010.
---------------------------------------------------------------------------

    (ii) Follows standard test protocol prescribed by the National 
Veterinary Services Laboratories; <SUP>11 and
---------------------------------------------------------------------------

    \11\ Standard 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.
---------------------------------------------------------------------------

    (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 
``Sec. 92.301(c)(2)(viii)'' would be removed both times it appears and 
the reference ``Sec. 92.301(f)'' added in its place.
    c. In paragraph (a)(1)(iii), in the first sentence, the reference 
``Sec. 92.301(c)(2)(viii)'' would be removed and the reference 
``Sec. 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.


Sec. 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.


Sec. 92.308  [Amended]

    6. In Sec. 92.308(a)(3), footnote 16 and its reference in the text 
would be redesignated as footnote 14.
    7. In Sec. 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:


Sec. 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,

[[Page 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 Sec. 92.301(g):
    (i) The horses have not been in any country listed in 
Sec. 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 Sec. 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-and-mouth 
disease or any other disease dangerous to the livestock of the United 
States.


Sec. 92.315  [Amended]

    9. In Sec. 92.315, in the undesignated center heading ``CANADA 
<SUP>18'', footnote 18 and its reference in the center heading would be 
redesignated as footnote 16.


Sec. 92.319  [Amended]

    10. In Sec. 92.319, in the undesignated center heading ``COUNTRIES 
OF CENTRAL AMERICA AND WEST INDIES <SUP>19'', footnote 19 and its 
reference in the center heading would be redesignated as footnote 17.


Sec. 92.321  [Amended]

    11. In Sec. 92.321, in the undesignated center heading 
``MEXICO\20\'', footnote 20 and its reference in the center heading 
would be redesignated as footnote 18.


Sec. 92.324  [Amended]

    12. In Sec. 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

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