[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21389-21392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11635]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed
Rules
[[Page 21389]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 95-053-1]
Horses Imported Into the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the horse importation regulations to
clarify the information required on the application for a permit to
import horses into the United States and to clarify health certificate
requirements for imported horses that transit another country en route
to the United States. We believe that these proposed actions are
necessary to ensure that importers of horses provide adequate and
accurate information on import permit applications and to ensure that
horses are properly handled from the time the horses leave their farm
of origin until the horses arrive in the United States. These proposed
amendments appear necessary to ensure the continued protection of the
health of horses in the United States.
DATES: Consideration will be given only to comments received on or
before July 9, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-053-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-053-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling, Staff Veterinarian,
Import/Export Animals, National Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-
8170.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (referred to below as ``the
regulations'') govern the importation into the United States of
specified animals, including horses, to prevent the introduction of
various animal diseases into the United States.
Under Sec. 92.304, importers must apply for a permit to import
horses into the United States. The regulations state that importers
must provide certain information, including the route of travel, for
horses being imported into the United States, and the required
information must appear on the application for an import permit.
Under Sec. 92.314, horses imported into the United States must be
accompanied by a health certificate completed by a salaried veterinary
officer of the national government of the country of origin indicating
the horses' freedom from communicable diseases such as contagious
equine metritis and African horse-sickness. Additionally, Sec. 92.314
requires that ``a horse presented for importation from a country where
it has been for less than 60 days shall be accompanied by a like
certificate similarly issued by a salaried veterinary officer of the
national government of each country in which the horse has been during
the 60 days immediately preceding shipment from the last country from
which it is shipped to the United States.''
We are proposing to amend the regulations by adding definitions of
the terms ``country of origin'' and ``country of transit'' and by
adding an explanation of the words ``route of travel.''
We propose to define ``country of origin'' as the ``country in
which the horse was born, was raised, and remained until shipment to
the United States, or the country into which the horse was legally
imported and has remained for a period of not less than 60 days prior
to shipment to the United States.'' In cases of horses legally imported
into their country of origin, we have determined that a 60-day
residency requirement would maintain consistency with other
requirements in the regulations. We would define ``country of origin''
in the regulations because, in the past, there has been some confusion
on the part of importers concerning the meaning of the term ``country
of origin,'' especially when a horse is moved to another country for
shipment to the United States. In limited cases, the country from which
the horse was directly shipped to the United States was mistakenly
identified as the country of origin on the horse's import permit. We
also propose to define ``country of transit'' as a ``country through
which a horse travels en route from the country of origin to the United
States.'' A complete list of the countries of transit should appear in
the ``route of travel'' section of the import permit application, but,
on occasion, importers have mistakenly omitted countries through which
a shipment of horses traveled en route to the United States.
In addition, we propose to specify that ``route of travel'' must
include a list of all of the countries that the horse will transit en
route to the United States, all of the modes of transportation that
will be used to move the horse from the country of origin to the port
of entry in the United States, and all of the locations where the horse
will be offloaded prior to arrival at the U.S. port of entry. In the
past, in addition to neglecting to list all of the countries of
transit, some importers have mistakenly omitted information on the
modes of transportation used to transport a shipment of horses and
locations where the shipment of horses will be offloaded. Because
different countries have different disease statuses, and the risk of
the horses' exposure to disease increases when shipped by ground
transportation and when offloaded at some locations within countries of
transit, a complete assessment of the import risk associated with a
particular shipment of horses is only possible when all of the
essential information is available on the import permit application.
We believe that by defining the terms ``country of origin'' and
``country of transit'' and by clarifying the words ``route of travel,''
importers would know exactly what information needs to be provided on
the application for an import permit. This action would improve
compliance with the regulations and continue to ensure that
[[Page 21390]]
horses intended for importation into the United States do not pose a
disease risk to the domestic horse population.
We are also proposing to clarify the regulations concerning
locations for offloading. Currently, the regulations do not specify
appropriate locations where horses may be offloaded in countries of
transit. We are proposing to require that if, during shipment to the
United States, a horse is offloaded in a country of transit, then that
horse must be offloaded in a facility that is capable of being cleaned
and disinfected and that is approved by the country of transit's
Ministry of Agriculture for the offloading of in-transit horses. We are
also proposing to specify that while the horse is offloaded in the
facility, the horse must be kept separate from all other horses. This
action would reduce the risk that horses intended for importation into
the United States would come into contact with other horses of unknown
disease status en route to the United States.
Additionally, we are proposing to clarify the requirements
concerning health certificates from countries of transit. We propose to
amend Sec. 92.314 to ensure that the regulations clearly state that if,
during shipment to the United States, a horse is offloaded in a country
of transit, then that horse must undergo a veterinary inspection and
obtain a health certificate from a salaried veterinary officer of the
national government of the country of transit in which the horse is
offloaded. If a horse is offloaded in more than one country of transit,
then that horse would be required to undergo a veterinary inspection
and obtain a health certificate from a salaried veterinary officer of
the national government in every country of transit in which the horse
is offloaded. This clarification of the requirements would ensure that
any communicable diseases in horses intended for importation into the
United States are diagnosed as early as possible and that appropriate
action is taken to prevent those diseases from being carried into the
United States.
We propose that, after performing the veterinary inspection, the
veterinary officer of a country of transit must complete a form that
describes the horse being shipped, certifies that a health inspection
has been performed on that horse, and assures that the horse is free
from evidence of communicable diseases. We are proposing that the
certification read, ``The animals described on this form have been
given a careful veterinary inspection and found to be free from
evidence of communicable disease and, in my opinion, are fit to
travel.'' The veterinarian would sign this certificate to attest to the
fact that the horse has been inspected, determined to be free of
evidence of communicable diseases, and judged to be in a condition that
would indicate that the animal would be in the same health upon arrival
at its destination in the United States as when inspected in the
country of transit. This inspection and certification would ensure that
horses imported into the United States present a minimal disease risk
to the U.S. horse population.
In addition, we propose to specify that the veterinary inspection
must be performed in the country of transit no earlier than 24 hours
before the horse is reloaded on a transport vehicle for shipment to the
United States. We are proposing a 24-hour time limit in order to
provide flexibility in the timing of the veterinary inspection while
ensuring that the inspection takes place as close to the time of the
horse's departure from a country of transit as possible.
If a horse intended for importation into the United States travels
through any countries other than its country of origin and the United
States but is not offloaded in a country of transit, we propose that
the owner of the horse, or the owner's representative, must sign a
certification statement prior to the horse's shipment from the country
of origin that certifies that the horse will be shipped directly to the
United States. We are proposing that the certification read, ``The
horse will be sent directly from the premises of origin to the premises
of destination without coming into contact with other equine animals
not accompanied by an official health certificate, in vehicles cleaned
and disinfected in advance with a disinfectant officially recognized in
the country of origin.'' This statement would have to be presented upon
the horse's arrival in the United States. If, however, for reasons
beyond the importer's or shipper's control, the horse experiences an
unscheduled offloading in a country of transit, then the horse would
have to undergo a veterinary inspection and obtain a health certificate
from a salaried veterinary officer of the national government of the
country of transit.
Miscellaneous
We are proposing to make other minor, nonsubstantive changes to
Sec. 92.304, such as correcting punctuation. Additionally, we are
proposing to amend Secs. 92.304 and 92.314 by adding a reference to the
end of each section for the Office of Management and Budget control
number assigned to approved information collection and recordkeeping
requirements.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to clarify the information required on the
application for a permit to import horses into the United States and to
clarify health certificate requirements for imported horses that
transit another country en route to the United States.
As this proposal simply clarifies the regulations and as most
horses arrive in the United States with proper documentation, we do not
expect a significant number of importers to be affected by this action.
For importers not currently in compliance with the regulations, any
cost incurred in complying with the regulations should be offset by the
costs currently incurred by importers when a shipment of horses arrives
in the United States without proper documentation. Currently, when a
horse arrives in the United States without proper documentation, that
horse remains in quarantine until the proper documents are produced, or
the horse is refused entry if the proper documents are not produced.
Therefore, the importer incurs additional user fee costs while the
horse is held in quarantine, or the importer incurs the cost of
shipping the horse back to the country of origin. Therefore, we have
determined that the effect on any U.S. entities, large or small, would
be insignificant.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information
[[Page 21391]]
collection or recordkeeping requirements included in this proposed rule
have been submitted for approval to the Office of Management and Budget
(OMB). Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 95-053-1.
Please send a copy of your comments to: (1) Docket No. 95-053-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
This proposed rule would require that, upon arrival in the United
States, horses travelling through countries of transit en route to the
United States be accompanied by either a certification signed by the
horses' owner verifying that the horses were not offloaded in any
countries of transit or a certification signed by a veterinary officer
of the country of transit in which the horses were offloaded that
attests to the horses' freedom from evidence of communicable disease
when the horse was offloaded and a veterinary inspection was performed
in the country of transit. This proposed rule would therefore introduce
two new information collection requirements that would enable us to
ensure that horses destined for the United States are healthy when they
leave their country of origin, remain healthy during their journey, and
pose a minimal health risk to the U.S. horse population upon arriving
in the United States. We are soliciting comments from the public (as
well as affected agencies) concerning our proposed information
collection. We need this outside input to help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 5 minutes per response.
Respondents: Veterinarians and horse owners.
Estimated number of respondents: 250.
Estimated number of responses per respondent: 1.
Estimated Total Annual Burden on Respondents: 21 hours.
Copies of this information collection can be obtained from the
Department of Agriculture, Clearance Officer, OIRM, Ag. Box 7630,
Washington, DC 20250.
List of Subjects in 9 CFR Part 92
Animal disease, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 92 would be amended as follows:
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
1. The authority citation for part 92 would continue to read as
follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22,
2.80, and 371.2(d).
2. Section 92.300 would be amended by adding definitions for
Country of origin and Country of transit, in alphabetical order, to
read as follows:
Sec. 92.300 Definitions.
* * * * *
Country of origin. The country in which a horse was born, was
raised, and remained until importation to the United States, or the
country into which the horse was legally imported and remained for a
period of not less than 60 days prior to shipment to the United States.
Country of transit. A country through which a horse travels en
route from the country of origin to the United States.
* * * * *
3. Section 92.304 would be amended as follows:
a. In paragraph (a)(1)(i), by revising the second sentence to read
as set forth below.
b. At the end of the section, by adding the following: ``(Approved
by the Office of Management and Budget under control number 0579-
0040)''.
Sec. 92.304 Import permits for horses from countries affected with
CEM, and for horse specimens for diagnostic purposes; 12 and
reservation fees for space at quarantine facilities maintained by
APHIS.
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\12\ See footnote 7 to subpart C.
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(a) * * *
(1)(i) * * * The application must specify the name and address of
the importer; the species, breed, number or quantity of horses or horse
test specimens to be imported; the purpose of the importation;
individual horse identification which includes a description of the
horse, name, age, markings, if any, registration number, if any, and
tattoo or eartag; the country of origin; the name and address of the
exporter; the port of embarkation in the foreign country; the route of
travel from the country of origin to the United States, including the
country of origin, all countries of transit, all modes of
transportation, all locations, if any, where the horses will be
offloaded, and the port of entry in the United States; the proposed
date of arrival of the horses or horse test specimens to be imported;
and the name of the person to whom the horses or horse test specimens
will be delivered and the location of the place in the United States to
which delivery will be made from the port of entry. * * *
* * * * *
4. Section 92.314 would be amended as follows:
a. By designating the existing text as paragraph (a) and by adding
a paragraph heading to read ``General requirements.''
b. In newly designated paragraph (a), the proviso beginning with
``And provided, further'' and the text following it is removed and new
text is added in its place to read as set forth below.
c. By adding a new paragraph (b) to read as set forth below.
d. At the end of the section, by adding an OMB control number to
read as set forth below.
Sec. 92.314 Horses, certification, and accompanying equipment.
(a) * * * And provided, further, That upon inspecting horses at the
port of entry and before permitting them to leave the port of entry,
the inspector may require their disinfection and the disinfection of
their accompanying equipment as a precautionary measure against the
introduction of foot-and-mouth disease or any other disease dangerous
to the livestock of the United States.
[[Page 21392]]
(b) Special requirements for horses traveling through countries of
transit. In addition to meeting all of the applicable requirements of
this subpart, horses shipped to the United States through a country or
countries of transit must meet the following conditions:
(1) If a horse intended for importation into the United States will
travel through a country or countries of transit but will not be
offloaded in the country or countries of transit, then, prior to the
horse's shipment from the country of origin, the owner of the horse, or
the owner's representative, must certify that the horse will be shipped
directly to the United States. The certification must read as follows:
``The horse will be sent directly from the premises of origin to the
premises of destination without coming into contact with other equine
animals not accompanied by an official health certificate, in vehicles
cleaned and disinfected in advance with a disinfectant officially
recognized in the country of origin.'' This certification must be
signed by the owner of the horse or the owner's representative, and the
signed certification must be presented to an inspector at the port of
entry in the United States. If, after the certification is signed, an
unscheduled offloading of a shipment of horses occurs in a country of
transit, then the horses must meet all of the requirements of
paragraphs (b)(2) and (b)(3) of this section.
(2) If a horse intended for importation into the United States will
travel through a country or countries of transit and will be offloaded
in the country or countries of transit, then the horse must be
offloaded in a facility that is capable of being cleaned and
disinfected and that is approved by the country of transit's Ministry
of Agriculture for the offloading of in-transit horses. Within the
facility, the horse must be kept separate from all other horses. All
horses offloaded in a country or countries of transit must undergo a
veterinary inspection and receive a health certificate from a salaried
veterinary officer of the national government of each country of
transit in which the horse is offloaded. The veterinary inspection must
be performed no earlier than 24 hours before the horse is reloaded on a
transport vehicle for shipment. If, after performing the inspection,
the salaried veterinary officer of the national government of the
country of transit finds the horse intended for importation into the
United States to be free of evidence of communicable diseases and fit
to travel, the veterinary officer must complete the form shown in
paragraph (b)(3) of this section.
(3) A completed certificate of inspection, as shown below, must
accompany any horse offloaded in a country of transit to the U.S. port
of arrival and be produced for the inspector at the port of arrival
upon the horse's arrival in the United States.
Certification of Inspection of Import Animals
1. Permit No.----------------------------------------------------------
2. Consignor's Name (Last name, first name, middle initial or business
name)------------------------------------------------------------------
3. Consignor's Street Address (Mailing address)------------------------
4. Consignor's City/Town-----------------------------------------------
5. Consignor's Country-------------------------------------------------
6. Consignee's Name (Last name, first name, middle initial or business
name)------------------------------------------------------------------
7. Consignee's City/Town-----------------------------------------------
8. Consignor's State---------------------------------------------------
9. Species of Animals Certified for Import-----------------------------
10. Country of Origin--------------------------------------------------
11. Breed of Animals Certified for Import------------------------------
12. Number of Animals Inspected----------------------------------------
13. Country of Transit/City in Which Inspection Occurred---------------
14. Date of Arrival in and Date of Departure from Country of Transit---
15. Name of Veterinarian Performing Inspection in Country of Transit---
The animals described on this form have been given a careful
veterinary inspection and found to be free from evidence of
communicable disease and, in my opinion, fit to travel.
16. Signature of Veterinarian Performing Inspection in Country of
Transit----------------------------------------------------------------
17. Date Issued--------------------------------------------------------
18. Seal---------------------------------------------------------------
19. Remarks------------------------------------------------------------
(Approved by the Office of Management and Budget under control
number 0579-0040)
Done in Washington, DC, this 3rd day of May 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-11635 Filed 5-9-96; 8:45 am]
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