[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Proposed Rules]
[Page 42318-42326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-21]
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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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[[Page 42318]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. APHIS-2006-0164]
RIN 0579-AC35
Temporary Importation of Horses; Noncompetitive Entertainment
Horses From Countries Affected With Contagious Equine Metritis
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations to allow
noncompetitive entertainment horses from countries affected with
contagious equine metritis to be temporarily imported into the United
States under certain conditions. The regulations currently provide for
the temporary importation of horses from countries affected with
contagious equine metritis to compete in specified events. In recent
years it has become evident that similar provisions are needed for
noncompetitive entertainment horses. This action would allow the
temporary importation of horses into the United States solely for
public exhibition and entertainment purposes while continuing to
protect against the introduction and dissemination of contagious equine
metritis.
DATES: We will consider all comments that we receive on or before
October 1, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0164 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0164, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0164.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Ellen M. Buck, Veterinary Medical
Officer, Import/Export Animals, National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301)
734-8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
into the United States to prevent the introduction of communicable
diseases of livestock and poultry. Subpart C--Horses, Sec. Sec. 93.300
through 92.326 of the regulations, pertains to the importation of
horses into the United States.
Section 93.301 of the regulations contains specific provisions for
the quarantine and testing of horses from regions affected with
contagious equine metritis (CEM), a highly contagious bacterial
venereal disease that affects breeding and fertility. This section also
identifies regions where CEM exists and regions that trade horses
freely with those where CEM exists without testing for CEM.
To prevent the introduction of CEM into the United States, Sec.
93.301(c)(1) prohibits the importation of horses into the United States
from listed regions unless the horses are imported in accordance with
certain requirements. To be eligible for importation, the horses must
fall into one of the following categories:
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;
Geldings;
Weanlings or yearlings whose age is certified on the
import health certificate required under Sec. 93.314(a);
Horses imported in accordance with conditions prescribed
by the Administrator as provided in Sec. 93.301(a);
Spanish Pure Breed horses imported for permanent entry
from Spain or thoroughbred horses imported for permanent entry from
France, Germany, Ireland, or the United Kingdom as provided in Sec.
93.301(d);
Stallions or mares over 731 days of age imported for
permanent entry as provided in Sec. 93.301(e);
Horses over 731 days of age imported into the United
States for no more than 90 days to compete in specified events as
provided in Sec. 93.301(f); and
U.S. horses returning to the United States as provided in
Sec. 93.301(g).
The Animal and Plant Health Inspection Service (APHIS) has used the
provisions in Sec. 93.301(f), relating to the temporary importation of
horses for competition, to allow the temporary importation of
noncompetitive entertainment horses into the United States. Several
performance horse groups have asked APHIS to extend the 90-day limit
provided for in Sec. 93.301(f) so that they may exhibit and show their
horses in the United States for longer periods of time. In addition,
the United States Animal Health Association has recommended that APHIS
amend the regulations to establish a category for noncompetitive
entertainment horses.
APHIS has conducted a risk assessment to evaluate the risk of
allowing the extended importation of noncompetitive entertainment
horses
[[Page 42319]]
from countries affected by CEM without requiring CEM testing, and the
risk of the U.S. Department of Agriculture (USDA) losing track of these
horses during extended importation. The risk assessment, titled
``Assessment of the Risk of Introduction of Contagious Equine Metritis
(CEM) through the Extended Importation of Noncompetitive Entertainment
Horses from CEM-affected countries,'' may be viewed on the
Regulations.gov Web site (see ADDRESSES at the beginning of this
document for instructions for accessing Regulations.gov). Copies of the
risk assessment may be obtained by calling or writing to the person
listed under FOR FURTHER INFORMATION CONTACT.
The risk assessment concluded that the risk posed by allowing the
extended importation of noncompetitive entertainment horses from CEM-
affected countries would be extremely low, with the application of the
restrictions described in this proposed rule. In addition, the risk
assessment concluded that the risk of USDA losing track of the animals
was extremely low due to the extensive supervision and involvement of
APHIS personnel and the accredited veterinarian.
Accordingly, we are proposing to amend the regulations in Sec.
93.301 to establish conditions under which noncompetitive entertainment
horses from CEM-affected regions may be imported into the United States
for longer than 90 days solely for public exhibition and entertainment
purposes. Because the conditions would be very similar to the
conditions in Sec. 93.301(f), which provides for the temporary
importation of horses to compete in specified events, we would amend
Sec. 93.301(f) to apply to both types of imported horses. We would
also amend the regulations pertaining to import permits in Sec. 93.304
to require the submission of additional information with the
application for an import permit.
As with horses imported for competition, we are proposing to
provide two primary safeguards against the horses transmitting CEM
while in the United States. First, a representative of APHIS would
monitor the horses whenever they are not in transit in the United
States. Second, we would require stringent measures to ensure that the
horses are kept apart from other horses, except when performing or
being exhibited or exercised. Because CEM is a venereal disease
transmitted by sexual contact, there is virtually no risk that a horse
will transmit the disease through casual contact with other horses
during a performance, exhibition, or exercise.
Import Permit and Health Certificate
In addition to the current requirements in Sec. 93.304(a) for an
import permit, we are proposing that the owner or importer would have
to supply the following information to APHIS with the application for
the permit:
The individual identifying information for all horses to
be imported;
The permanent electronic identification of each horse to
be imported, if applicable;
Photographs (head and lateral views) of each horse that
are sufficient to identify the horse on an electronic medium approved
by APHIS;
The proposed total length of stay in the United States;
A description of the shows or events in which the horse
would perform while in the United States;
The names and locations of the venues in which the horse
would perform while in the United States, and the dates the horse would
perform at each venue;
The names and locations of the premises on which the horse
would be kept while in the United States, and the dates the horse would
be kept on each premises;
The methods and routes by which the horse would be
transported while in the United States;
A written plan for handling sick or injured horses that
includes the name, address, and phone number of each accredited
veterinarian who would provide veterinary services in the United
States; the name, address, and phone number of medical facilities to be
used to diagnose or treat sick or injured horses while in the United
States; and a plan to return sick or injured horses to performance
condition; and
An application for a trust fund or escrow account
agreement with APHIS.
This information would allow APHIS to monitor the location of the
horse while it is in the United States and to confirm compliance with
the required isolation and handling procedures to ensure that the horse
does not transmit CEM to any other horse while in this country.
Given the potential for long stays in the United States for
noncompetitive entertainment horses, APHIS must have current
information about the horses and their itinerary in order to
effectively monitor the horses for compliance with the regulations.
Therefore, we would require that while in the United States, the owner
or importer apply for and obtain from APHIS an import permit each year
prior to the anniversary date of the horse's arrival in the United
States. This would ensure that APHIS has current information about the
horses and their itinerary for monitoring purposes.
As with horses imported for competition, we would require that, at
the time of importation, each horse be accompanied by an import permit
in accordance with Sec. 93.304 and a health certificate in accordance
with Sec. 93.314. However, we would also require the health
certificates for noncompetitive entertainment horses to certify that
cultures negative for CEM have been collected from each horse on three
separate occasions within a 7-day period, with the last set of
specimens collected within 30 days of exportation. This would help to
ensure that horses infected with CEM do not enter this country and
jeopardize the health of the U.S. horse population.
Restrictions Following Arrival in the United States
We are proposing to allow horses over 731 days of age to be
imported into the United States solely for noncompetitive public
exhibition and entertainment purposes. Such horses would be allowed to
remain in the United States indefinitely as long as the conditions in
the regulations are met. While in the United States, the horse would be
prohibited from entering competitions and would have to be regularly
used in performances or exhibitions, unless sick or injured. A horse
that is no longer performing or being exhibited would be required to be
exported or made eligible for permanent entry. In addition, a
noncompetitive entertainment horse would have to be kept with the other
horses listed on the import permit, unless otherwise approved by an
APHIS representative. We expect that such approvals would be granted
for diagnosis or treatment of a medical condition, pre-export
isolation, or quarantine for permanent entry.
As with horses imported for competition, we would require a
noncompetitive entertainment horse to be moved according to the
itinerary and methods of transport specified in the import permit.
However, we are proposing to allow horses imported for competition and
noncompetitive entertainment horses to be moved for diagnosis or
treatment of a medical condition with the prior approval of an APHIS
representative. APHIS has always allowed such movements; however, we
are proposing to add that provision to the regulations to make it clear
to the public.
We are proposing that, while in the United States, the horse would
be monitored by an accredited veterinarian
[[Page 42320]]
or APHIS representative to ensure that the horse is moved according to
the itinerary and methods specified in the import permit, kept
separated from other horses not listed on the import permit, and not
used for breeding purposes (including artificial insemination or semen
collection) or has any other sexual contact with other horses. The
horse could not be kept on a breeding premises.
We would require that the horse be kept in a pasture or stall
separate from other horses not listed on the import permit, except when
actually performing or being exhibited or exercised. The stall in which
the horse is kept would have to be separated from other stalls
containing horses that are not listed on the import permit, 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 meters) high.
The premises on which the horse is kept would have to be approved in
writing by an APHIS representative.
As noted above, we would require that the horse not be used for
breeding purposes or have any other sexual contact with other horses.
However, in contrast to horses imported for competition, we would allow
a noncompetitive entertainment horse to undergo genital examinations
necessary for diagnosis or treatment of a medical condition with the
prior approval of an APHIS representative. This provision would allow
the horse to receive appropriate medical care during its extended stay
in the country.
We are also proposing to apply the transportation and cleaning and
disinfection requirements for horses imported for competition that are
contained in the current regulations to noncompetitive entertainment
horses. Thus, we would require that, while the horse is in transit, it
would have to be moved either in an aircraft or a sealed van or trailer
and, except in situations where the horse's life is in danger, only an
APHIS representative would be permitted to break the seal on a van or
trailer used to move the horse. Additionally, we would require that
after the horse is transported anywhere in the United States, any
vehicle in which the horse was transported would have to be cleaned and
disinfected in the presence of an APHIS representative, according to
the procedures for cleaning and disinfection specified in 9 CFR 71.7
through 71.12 of the regulations. We would also require that, in most
instances, the cleaning and disinfection would have to be done before
the vehicle is moved from the place where the horse is unloaded.
However, in cases where there are inadequate facilities or equipment
for cleaning and disinfection at the place where the horse is unloaded,
the Administrator would have the discretion to allow the vehicle to be
moved to another location for cleaning and disinfection, when the move
would not pose a disease risk to other horses in the United States.
Change in Itinerary
We are proposing that if the owner or importer wishes to change the
horse's itinerary or the methods by which the horse is transported from
those specified in the import permit, the owner or importer would have
to make the request for change in writing to the Administrator. Such
requests would have to be submitted at least 15 days before the
proposed date of any change. We propose that this provision would also
apply to horses imported for competition. This would ensure that APHIS
has enough time to process the request, including inspecting any new
premises, and to arrange for the required monitoring before the date of
the proposed change. The change in itinerary or means of transport
would not be permitted without the written approval of the
Administrator, who would have the discretion to grant the request for
change when he or she determines that granting the request would not
endanger other horses in the United States, and that sufficient APHIS
personnel would be available to provide the services requested by the
owner or importer.
Permanent Entry
We are proposing that noncompetitive entertainment stallions or
mares over 731 days of age would be eligible to remain in the United
States if the horse meets the provisions for permanent entry in the
current regulations. Specifically, the horse's owner or importer would
have to: (1) Apply for and receive a new import permit from APHIS that
specifies that the stallion or mare would be moved to an approved
State; and (2) transport the stallion or mare 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
Sec. 93.301(e)(3) or (e)(5).
Cancellation of Import Permit
We are proposing to apply to noncompetitive entertainment horses
the provisions relating to the cancellation of an import permit and the
appeals process that currently appear in the regulations pertaining to
horses imported for competition. Specifically, we are proposing that if
the provisions described in this proposed rule are not met, the
Administrator would cancel the import permit that allows the
importation of the horse into the United States and that allows the
horse to stay in this country. If the cancellation is oral, the
decision and the reason for cancellation of the permit would be
confirmed in writing as promptly as circumstances allow. The owner or
importer would be able to appeal the cancellation of the permit in
writing to the Administrator within 10 days after receiving either oral
or written notification of the cancellation, whichever is earlier. If
the appeal is sent by mail, it would have to be postmarked within 10
days after the owner or importer receives the notification of
cancellation. The appeal would have to include all of the facts and
reasons upon which the person relies to show that the import permit was
wrongfully canceled. If there is a conflict as to any material fact, a
hearing would be held to resolve the conflict. These provisions would
satisfy due process requirements pertaining to the cancellation of an
import permit.
We are also proposing that, except in those cases where an appeal
is in process, any person whose import permit is canceled would have to
move his or her horse out of the United States within 10 days after
receiving an oral or written notice of cancellation, whichever is
earlier. The horse would not be permitted to perform or be exhibited
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 would have to be kept in a stall that is separated
from other stalls containing horses that are not listed on the import
permit, either by an empty stall, an open area across which horses
cannot touch each other, or a solid wall that is at least 8 feet (2.4
meters) high.
Until the horse is removed from the United States or an appeal is
resolved in favor of the owner or importer, the horse would have to be
kept, at the expense of the owner or importer, either on the premises
at which 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 at which it is next scheduled to perform
or be exhibited. However, in cases where the owners of the premises do
not permit the horse to stay on those premises, or
[[Page 42321]]
when the Administrator determines that keeping the horse at the
premises would pose a disease risk to other horses in the United
States, the horse would have to be kept, at the expense of the owner or
importer, on an alternative premises approved by the Administrator.
Trust Fund Agreement and Cost of Government-Provided Services
We are proposing to require that noncompetitive entertainment
horses be imported and maintained in the United States in accordance
with a trust fund agreement executed by the horse's owner or importer.
The current regulations already require that a trust fund agreement be
executed for horses imported into the United States to compete in
specified events. We would extend these provisions to noncompetitive
entertainment horses to ensure that the government is reimbursed for
the services it provides.
Under the trust fund agreement, the owner or importer would have to
deposit with APHIS an amount equal to the estimated cost, including
travel, subsistence, administrative expenses, and incidental expenses,
as determined by APHIS, for an APHIS representative to: (1) Inspect the
premises at which the horse would perform or be exhibited; (2) conduct
the required monitoring of the horse at the premises at which it
competes; and (3) supervise cleaning and disinfecting the means of
conveyance in which the horses travels while in the United States. The
estimated costs would be based on the following factors:
Number of hours needed for an APHIS representative to
conduct the required inspection and monitoring;
For services provided during regular business hours (8
a.m. to 4:30 p.m., Monday through Saturday, except holidays), the
average salary, per hour, for an APHIS representative;
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;
Number of miles from the premises at which the horse
competes, performs, or is exhibited to the APHIS office or facility
that is monitoring the activities;
Government rate per mile for automobile travel or, if
appropriate, cost of other means of transportation between the premises
at which the horse competes, performs, or is exhibited and the APHIS
office or facility;
Number of trips between the premises at which the horse
competes, performs, or is exhibited and the APHIS office or facility
that APHIS representatives are required to make in order to conduct the
required inspection and monitoring;
Number of days the APHIS representative conducting the
inspection and monitoring must be in ``travel status;''
Applicable government per diem rate; and
Cost of related administrative support services.
During the horse's stay in the United States, if we determine that
the amount deposited would not fully cover the services we are
scheduled to provide during the remainder of the horse's stay, we would
issue a bill for the difference to the horse's owner or importer. The
horse's owner or importer would have to pay amounts billed within 14
days after receiving the bill. If the bill is not paid within that
time, we would cease to perform the services provided for in this
proposed rule until the bill is paid. The Administrator would inform
the owner or importer of the cessation of services orally or in
writing. If the notice is oral, it would be confirmed in writing as
soon as circumstances permit, along with the reasons for it.
In such a case, the horse would have to be kept, at the expense of
the owner or importer and until the bill is paid, 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 is received, on the premises at which it is next scheduled to
perform or be exhibited according to the import permit. The horse would
have to be kept in a stall that is separated from other stalls
containing horses that are not listed on the import permit either by an
empty stall, an open area across which horses cannot touch each other,
or a solid wall that is at least 8 feet (2.4 meters) high. In cases
where the owners of the premises where the horse would be expected to
stay do not permit the horse to be kept on those premises, or when the
Administrator determines that keeping the horse on the premises would
pose a disease risk to other horses in the United States, the horse
would have to 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 would not be permitted to perform or be exhibited. Any
amount deposited in excess of the cost to APHIS of providing the
services required would be refunded to the owner or importer.
Miscellaneous
In this document, we are also updating the name of the breed
association in Spain that is specifically approved by the U.S.
Department of Agriculture to provide factual, current information
regarding the activities of Spanish Pure Breed horses for the purposes
of Sec. 93.301(d). The current regulations identify the breed
association in Spain as ``Jefatura de Cria Caballar Registro
Matricula.'' The Spanish Government has notified APHIS that the name of
the breed association has been changed to ``Asociacion Nacional de
Criadores de Caballos de Pura Raza Espanola.''
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.
Currently, Sec. 93.301(f) provides that mares and stallions over
731 days old from CEM-affected countries may be temporarily imported
into the United States to compete in specified events for no longer
than 90 days without meeting CEM quarantine and testing requirements
that would otherwise apply to such horses. These same provisions have
been used to authorize the temporary importation of noncompetitive
entertainment horses. Several performance horse groups have requested
that APHIS extend the 90-day limit so that they may exhibit and show
their horses in the United States for longer periods.
We are proposing to amend the regulations to establish conditions
under which noncompetitive entertainment horses (stallions and mares)
over 731 days of age from CEM-affected countries could remain in the
United States for longer than 90 days for public exhibition and
entertainment purposes without undergoing the CEM quarantine and
testing prescribed in the regulations.
The horse industry plays an important role in the U.S. economy.
There were 542,223 farms with 3.644 million horses valued at $9.9
billion in the U.S. in 2002.\1\ According to a recent study done for
the American Horse Council, the number and value of horses are much
larger than those reported in the 2002 Census of Agriculture: 2 million
people owning 9.2 million horses with direct
[[Page 42322]]
value of about $39 billion.\2\ Both sets of data underscore the
importance of the equine industry. In addition, other agricultural and
non-agricultural sectors are dependent on the horse industry for their
economic activity. Horses are a highly valued asset, especially those
with a specific pedigree.
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\1\ 2002 Census of Agriculture (NASS).
\2\ Deloitte Consulting LLP for American Horse Council, National
Economic Impact of the U.S. Horse Industry, 2005.
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Horses also play an important role in U.S. international trade. The
value of U.S. horse exports ($449 million) was more than the combined
export value of cattle, hogs and sheep and goats ($65 million) between
2003 and 2005.\3\
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\3\ Global Trade Information Services (GTIS), World Trade Atlas.
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The United States imported a total of 31,198 horses in 2005. Nearly
67 percent of horses imported were from Canada and 7.6 percent were
from Mexico. Of the total imports, 25,564 were from non-CEM countries
and the remaining 5,634 were from CEM countries. The proportion of
horse imports that are pure breeding horses is small. Of the above
total, 2,341 were purebred breeding horses. Only 340 purebred breeding
horses were imported from CEM countries.\4\ However, horses supplied by
CEM-affected countries are generally highly valued. In 2005, for
example, the average value of purebred breeding horses imported from
CEM-affected regions was $41,220, whereas the average value of purebred
breeding horses imported from countries not affected by CEM was
$17,180.
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\4\ Id.
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Although the disease does not result in death, CEM can be
economically costly. The direct consequence may include the closing of
breeding operations, production losses as a result of abortion, and
costs of disease control. A CEM outbreak would result in the quarantine
of affected horse farms, temporary cessation of breeding operations,
and restriction of both intrastate and interstate movement. For some
breeders, this could mean the loss of thousands or even millions of
dollars in stud fees and breeding losses. Other consequences include
trade restrictions that may be imposed by international trading
partners.
The noncompetitive entertainment horses that would be affected by
this rule would not be allowed to have direct contact with horses
outside those listed on their permit and could not be used for breeding
purposes at any time while in the United States, including breeding
with horses in the same show. Additionally, these horses may not
undergo any genital examinations (unless required for diagnosis and
treatment of a medical condition with prior approval of an APHIS
representative), semen collection, or artificial insemination.
Furthermore, since these are very specialized performance animals,
domestic breeders would not be affected if this rule were to increase
the amount of time the imported horses are in the United States.
Horses arriving in the United States from abroad are quarantined at
a USDA Animal Import Center, generally for 3 days. Horses temporarily
imported are required to exit the United States and be readmitted,
following quarantine and testing, every 90 days. Each entry after 90
days is considered a new entry into the United States. The USDA charges
a minimum of $810 for the 3-day quarantine. In addition to this
facility charge, user fees of $80 are paid for blood testing, resulting
in a total quarantine and testing cost per horse of $890. The proposed
rule would allow imported performance horses to stay in the U.S. longer
than 90 days without their owners having again to pay USDA import
quarantine and testing costs. This is a saving that accrues to the
importing entities and is likely to counterbalance their costs
associated with supervisory activities of APHIS and/or an accredited
veterinarian.
The number of entities and horses expected to be directly affected
by this rule is not large. We anticipate that between 1 and 10
performing groups varying in size from 5 to 40 horses (or a total of
between 5 and 400 horses) would utilize the proposed exception each
year. Given that there are over a million domestic show horses, even
the upper quantity represents a very small fraction of the total supply
(0.04 percent).
The Small Business Administration (SBA) has established guidelines
for determining which types of firms are to be considered small under
the Regulatory Flexibility Act. This rule may affect operations such as
zoological parks (North American Industry Classification System [NAICS]
code 712130), and animal performances including circuses, carnivals,
and amusement parks (NAICS code 711190). SBA classifies these
operations as small entities if their annual receipts are not more than
$6.5 million. Of the approximately 850 such establishments, about 12.5
percent are considered to be large. The subset of these entities that
temporarily import noncompetitive entertainment horses from CEM
countries would benefit from the forgone costs of having the horses
exit and reenter the United States every 90 days. On the other hand,
they would bear the cost of supervisory activities by APHIS and/or an
accredited veterinarian. The overall impact is expected to be
insignificant, given the relatively small number of noncompetitive
entertainment horses imported from CEM countries. Other operations that
may remotely be affected are domestic suppliers of similar horses
(NAICS code 112920). According to the 2002 Census of Agriculture, that
year there were 542,223 horse farms with 3,644,278 horses in the United
States, of which 124,596 farms sold 470,423 horses that had a total
value of over $1.13 billion.\5\ An unknown share of these farms supply
show horses that could be comparable to the noncompetitive
entertainment horses imported temporarily from CEM affected countries.
SBA classifies horse farms as small entities if their annual receipts
are not more than $750,000; \6\ over 99 percent are considered to be
small.
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\5\ As stated above, the census total is much less than the
total reported by the American Horse Council Foundation. According
to that report, there were 9,222,847 horses in 2005 (Deloitte
Consulting LLP, National Economic Impact of the U.S. Horse
Industry). Of this total, 9 percent were racing, 30 percent showing,
42 percent recreation and 19 percent other (http://www.horsecouncil.org/statistics.htm
).
\6\ SBA, Small Business Size Standards matched to North American
Industry Classification System, Effective July 31, 2006; and U.S.
Census Bureau, 2002 Economic Census: Manufacturing-Industries
Series, Wholesale Trade-Subject Series and Transportation and
Warehousing-Subject Series, Issued August, 2006.
---------------------------------------------------------------------------
Entities that may be affected by the rule are principally small
businesses, but the impact of the rule is not expected to be
significant. Because the pool of noncompetitive entertainment horses
that are temporarily imported is a small fraction of the total number
of show horses in the United States, any effects of the proposed rule
for U.S. entities would be very small.
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 12988
This proposed rule has been reviewed under Executive Order 12988,
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.
[[Page 42323]]
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0164. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0164, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
We are proposing to amend the regulations to allow noncompetitive
entertainment horses from countries affected with CEM to be temporarily
imported into the United States under conditions very similar to the
conditions in Sec. 93.301(f), which provides for the temporary
importation of horses to compete in specified events. In addition, we
are proposing to require the submission of additional information with
the application for an import permit.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 1.4 hours per response.
Respondents: Importers of noncompetitive entertainment horses.
Estimated annual number of respondents: 15.
Estimated annual number of responses per respondent: 1.333333333.
Estimated annual number of responses: 20.
Estimated total annual burden on respondents: 28 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 93 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY,
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
2. Section 93.301 is amended as follows:
a. In paragraph (c)(2)(vii), by removing the words ``paragraph
(f)'' and adding the words ``paragraph (f)(1)'' in their place, and by
removing the word ``and'' at the end of the sentence.
b. By redesignating paragraph (c)(2)(viii) as paragraph (c)(2)(ix)
and adding a new paragraph (c)(2)(viii) to read as set forth below.
c. In footnote 6, by removing the words ``Jefatura de Cria Caballar
Registro Matricula for Spain'' and adding the words ``Asociacion
National de Criadores de Caballos de Pura Raza Espanola for Spain'' in
their place.
d. By revising paragraph (f) to read as set forth below.
Sec. 93.301 General prohibitions; exceptions.
* * * * *
(c) * * *
(2) * * *
(viii) Horses over 731 days of age imported into the United States
for noncompetitive public exhibition and entertainment purposes if the
horses meet the requirements of paragraph (f)(2) of this section; and
* * * * *
(f) Special provisions for temporary importation for competition or
entertainment purposes. (1) Horses over 731 days of age may be imported
into the United States for no more than 90 days to compete in specified
events provided that the conditions in paragraphs (f)(3) through
(f)(12) of this section are met.
(2) Horses over 731 days of age may be temporarily imported into
the United States solely for noncompetitive public exhibition and
entertainment purposes provided that the conditions in paragraphs
(f)(3) through (f)(12) of this section are met.
(3) At the time of importation, each horse must be accompanied by
an import permit in accordance with Sec. 93.304 and a health
certificate issued in accordance with Sec. 93.314. For horses imported
in accordance with paragraph (f)(2) of this section, the health
certificate must also certify that cultures negative for CEM were
obtained from sets of specimens collected on three separate occasions
within a 7-day period from the mucosal surfaces of the clitoral fossa
and the clitoral sinuses 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.
(4) Following the horse's arrival in the United States:
(i) A horse imported in accordance with paragraph (f)(1) of this
section may remain in the United States for not more
[[Page 42324]]
than 90 days, except as provided in paragraph (f)(9) of this section.
(ii) A horse imported in accordance with paragraph (f)(2) of this
section may remain in the United States indefinitely, except as
provided in paragraph (f)(9) of this section, as long as the conditions
of paragraphs (f)(3) through (f)(12) of this section are met and the
horse's owner or importer applies for and obtains from APHIS an import
permit, as provided for in Sec. 93.304, each year prior to the
anniversary date of the horse's arrival in the United States.
(5) While the horse is in the United States, the following
conditions must be met:
(i) A horse imported in accordance with paragraph (f)(2) of this
section:
(A) Must not be entered in competitions.
(B) Must be regularly used in performances or exhibitions, unless
sick or injured. A horse that is no longer performing or being
exhibited must be exported or made eligible for permanent entry in
accordance with paragraph (f)(9) of this section.
(C) Must be kept with the other horses listed on the import permit,
unless otherwise approved by an APHIS representative.
(ii) Except as provided in paragraph (f)(5)(viii) of this section,
the horse must be moved according to the itinerary and methods of
transport specified in the import permit provided for in Sec. 93.304.
(iii) The horse must be monitored by an accredited veterinarian or
APHIS representative to ensure that the provisions of paragraphs
(f)(5)(ii), (f)(5)(vi), and (f)(5)(vii) of this section are met. If the
monitoring is performed by an accredited veterinarian, the Veterinarian
in Charge will ensure that the accredited veterinarian is familiar with
the requirements of this section and 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 be conducted by APHIS representatives to ensure compliance.
(iv) Except when in transit, the horse must be kept on a premises
that has been approved by an APHIS representative. For horses imported
in accordance with paragraph (f)(1) of this section, such approval may
be oral or in writing. If the approval is oral, it will be confirmed in
writing by the Administrator as soon as circumstances permit. For
horses imported in accordance with paragraph (f)(2) of this section,
the approval will be in writing. 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 that contain horses that
are not listed on the import permit, 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 meters) high.
(v) 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.
(vi) Except when actually competing, performing, or being exhibited
or exercised, the horse must be kept in a pasture approved by APHIS or
in a stall that is separated from other stalls containing horses that
are not listed on the import permit, 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 meters) high.
(vii) The horse may not be used for breeding purposes (including
artificial insemination or semen collection) and may not have any other
sexual contact with other horses. The horse may not undergo any genital
examinations, except that a horse imported in accordance with paragraph
(f)(2) of this section may undergo genital examinations for diagnosis
or treatment of a medical condition with the prior approval of an APHIS
representative.
(viii) The horse may be moved for diagnosis or treatment of a
medical condition with the prior approval of an APHIS representative.
(ix) 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 Sec. Sec. 71.7 through 71.12 of this
chapter, before any other horse is transported in the vehicle.
(x) The cleaning and disinfection specified in paragraph (f)(5)(ix)
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.
(xi) The owner or importer of the horse must comply with any other
provisions of this part applicable to him or her.
(6) 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 for change must be submitted to APHIS no less
than 15 days before the proposed date of the change. 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.
(7) The Administrator may cancel, orally or in writing, the import
permit provided for under Sec. 93.304 whenever the Administrator finds
that the owner or importer of the horse has not complied with the
provisions of paragraphs (f)(3) through (f)(6) 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 soon as circumstances permit. Any person
whose import permit is cancelled 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 cancelled. 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.
(8) Except in those cases where an appeal is in process, any person
whose import permit is cancelled must move the horse identified in the
import permit out of the United States within 10 days
[[Page 42325]]
after receiving oral or written notification of cancellation, whichever
is earlier. The horse is not permitted to enter competition, perform,
or be exhibited 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, perform, or be exhibited
according to the import permit. The stall in which the horse is kept
must be separated from other stalls containing horses that are not
listed on the import permit, either by an empty stall, by an open area
across which horses cannot touch each other, or a by solid wall that is
at least 8 feet (2.4 meters) 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.
(9) Stallions or mares over 731 days of age that are imported in
accordance with paragraphs (f)(1) or (f)(2) 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. 93.304, 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.
(10) All costs and charges associated with the supervision and
maintenance of a horse imported under paragraphs (f)(1) or (f)(2) 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.
(11) 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 this paragraph
(f), 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, perform, or be exhibited; to
conduct the monitoring required by paragraph (f)(5)(iii) of this
section; and to supervise the cleaning and disinfection required by
paragraph (f)(5)(ix) 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 hour, 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,
performs, or is exhibited 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, performs, or is exhibited and the APHIS
office or facility;
(vi) Number of trips between the premises at which the horse
competes, performs, or is exhibited 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.
(12) If a trust fund agreement with APHIS has been executed by the
owner or importer of a horse in accordance with paragraph (f)(11) 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)(5) 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, perform, or be exhibited
according to the import permit. The stall in which the horse is kept
must be separated from other stalls containing horses that are not
listed on the import permit either by an empty stall, an open area
across which horses cannot touch each other, or a solid wall that is at
least 8 feet (2.4 meters) high. In cases where the owners of the
premises where the horse would be kept following a cessation of
services do not permit the horse to be kept on those premises, or when
the Administrator determines that keeping the horse on the 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, perform, or be
exhibited. Any amount deposited in excess of the costs to APHIS to
provide the required
[[Page 42326]]
services will be refunded to the horse's owner or importer.
* * * * *
3. Section 93.304 is amended as follows:
a. In paragraph (a)(1)(ii), by removing the citation ``Sec.
93.301(f)'' and adding the citation ``Sec. 93.301(f)(1)'' in its
place.
b. By redesignating paragraph (a)(1)(iii) as paragraph (a)(1)(iv)
and adding a new paragraph (a)(1)(iii) to read as set forth below.
Sec. 93.304 Import permits for horses from regions affected with CEM
and for horse specimens for diagnostic purposes; reservation fees for
space at quarantine facilities maintained by APHIS.
(a) Application for permit; reservation required. (1) * * *
(iii) Horses intended for importation under Sec. 93.301(f)(2) must
meet the permit requirements of paragraph (a)(1)(i) of this section.
Additionally, for horses intended for importation under Sec.
93.301(f)(2), the horse's owner or importer must include the following
information with the application for permit that is required by
paragraph (a)(1)(i) of this section:
(A) The individual identifying information required in paragraph
(a)(1)(i) of this section for all horses to be imported.
(B) The permanent electronic identification of each horse to be
imported, if applicable. In the event that a horse has permanent
electronic identification, the horse must be accompanied by a
compatible reader.
(C) Photographs (head and lateral views) that are sufficient to
identify each horse on an electronic medium approved by APHIS.
(D) The proposed total length of stay in the United States.
(E) A description of the shows or events in which the horse will
perform while in the United States.
(F) The names, dates, and locations of the venues in which the
horse will perform while in the United States.
(G) The names and locations of the premises on which the horse will
be kept while in the United States, and the dates the horse will be
kept on each premises.
(H) The methods and routes by which the horse will be transported
while in the United States.
(I) A written plan for handling sick or injured horses that
includes:
(1) The name, address, and phone number of each accredited
veterinarian who will provide veterinary services in the United States;
(2) The name, address, and phone number of medical facilities to be
used to diagnose or treat sick or injured horses while in the United
States; and
(3) A plan to return sick or injured horses to performance
condition.
(J) An application for a trust fund or escrow account agreement
with APHIS in accordance with Sec. 93.301(f)(11).
* * * * *
Done in Washington, DC, this 27th day of July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-14994 Filed 8-1-07; 8:45 am]
BILLING CODE 3410-34-P