Importation of Horses From Contagious Equine Metritis-Affected Countries, 9577-9581 [2013-03024]
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations
days for the change to be meaningful.
However, the Committee believed that
extending the dates any further than the
proposed dates would affect the
Committee’s ability to establish accurate
reports for the completed harvest season
in a timely manner. The Committee
members unanimously agreed that
changing the dates for transferring,
storing, and pooling excess oil from
November 1 to December 1 addresses
the industry’s current needs without
negatively impacting the operation of
the Committee.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crops. No
changes in those requirements as a
result of this action are necessary.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This final rule changes the date by
which excess oil must be transferred
between producers to fill annual
allotment deficiencies or delivered to
the Committee or its designees for
storage from November 1 to December 1.
In addition, the rule changes the date
the Committee must pool identified
excess oil as reserve oil from November
1 to December 1. This rule is a
relaxation of the volume regulation
provisions of the order. Accordingly,
this rule does not impose any additional
reporting or recordkeeping requirements
on either small or large spearmint oil
producers or handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
Furthermore, USDA has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
final rule.
AMS is committed to complying 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.
In addition, the Committee’s meeting
was widely publicized throughout the
spearmint oil industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the February 22,
2012, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
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A proposed rule concerning this
action was published in the Federal
Register on September 17, 2012 (77 FR
57037). Copies of the rule were
provided to the Committee, which in
turn made it available to all Far West
spearmint oil producers, handlers, and
interested persons. Finally, the rule was
made available through the Internet by
USDA and the Office of the Federal
Register. A 60-day comment period
ending November 16, 2012, was
provided to allow interested persons to
respond to the proposal.
Two comments were received during
the comment period in response to the
proposal. One of the comments was in
support of the proposed changes, while
the other was not substantive in nature
and did not address the merits of the
proposal. The commenter in support of
the action believes that the proposed
changes would be beneficial to the
industry and would facilitate the
orderly marketing of spearmint oil.
Accordingly, no changes will be made
to the rule, as proposed, based on the
comments received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Laurel May at
the previously mentioned address in the
9577
producer, following notification of the
Committee, may transfer excess oil to
another producer to enable that
producer to fill a deficiency in that
producer’s annual allotment.
(b) Pursuant to § 985.56(b), before
December 1 of each marketing year,
excess oil not used to fill another
producer’s deficiency shall be delivered
to the Committee or its designees for
storage.
■ 3. Add § 985.157 to read as follows:
§ 985.157
Reserve pool requirements.
Pursuant to § 985.57(a), on December
1, the Committee shall pool identified
excess oil as reserve oil in such manner
as to accurately account for its receipt,
storage, and disposition.
Dated: February 5, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–02972 Filed 2–8–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 93
[Docket No. APHIS–2008–0112]
RIN 0579–AD31
FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matter presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats,
Reporting and recordkeeping
requirements, Spearmint oil.
For the reasons set forth in the
preamble, 7 CFR part 985 is amended as
follows:
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
1. The authority citation for 7 CFR
part 985 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
■
2. Revise § 985.156 to read as follows:
§ 985.156 Transfer of excess oil by
producers.
(a) Pursuant to § 985.56(a), before
December 1 of each marketing year, a
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Importation of Horses From
Contagious Equine Metritis-Affected
Countries
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are adopting as a final
rule, with changes, an interim rule that
amended the regulations regarding the
importation of horses from countries
affected with contagious equine metritis
(CEM) by incorporating an additional
certification requirement for imported
horses 731 days of age or less and
adding new testing protocols for test
mares and imported stallions and mares
more than 731 days of age. This
document revises certain CEM-testing
requirements for imported stallions and
mares, and for test mares, that were
amended in the interim rule. The
interim rule was necessary to provide
additional safeguards against the
introduction of CEM through the
importation of affected horses.
DATES: Effective Date: March 13, 2013.
FOR FURTHER INFORMATION CONTACT: Dr.
Ellen Buck, Senior Staff Veterinarian,
Equine Imports, National Center for
Import and Export, VS, APHIS, 4700
SUMMARY:
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River Road Unit 36, Riverdale, MD
20737–1231; (301) 851–3361.
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.
Subpart C—Horses, §§ 93.300 through
93.326, pertains to the importation of
horses into the United States. Sections
93.301 and 93.304 of the regulations
contain specific provisions for the
importation of horses from regions
affected with contagious equine metritis
(CEM), which is a highly contagious
venereal disease of horses and other
equines caused by infection or
contamination with the bacterium
Taylorella equigenitalis.
In an interim rule 1 effective and
published in the Federal Register on
March 25, 2011 (76 FR 16683–16686,
Docket No. APHIS–2008–0112), we
amended the regulations in § 93.301
regarding the importation of horses from
countries affected with CEM by
incorporating an additional certification
requirement for imported horses 731
days of age or less and adding new
testing protocols for test mares and
imported stallions and mares more than
731 days of age.
We solicited comments concerning
the interim rule for 60 days ending May
24, 2011. In response to implementation
concerns raised by commenters, we
published a document in the Federal
Register on May 31, 2011 (76 FR 31220–
31221, Docket No. APHIS–2008–0112),
in which we announced that we were
delaying enforcement of the interim rule
until July 25, 2011, in order to provide
CEM testing facilities time to make
necessary adjustments to their operating
procedures for the rule to be
successfully implemented. In a
subsequent document published in the
Federal Register on August 23, 2011 (76
FR 52547–52548, Docket No. APHIS–
2008–0112), we announced that the
delay of enforcement would continue
until the publication of a final rule, and
reopened the comment period until
September 7, 2011.
We received a total of 18 comments
by that date. They were from private
citizens, foreign governments and
commission, State departments of
agriculture, a State veterinary agency,
and U.S. horse organizations. Seventeen
1 To view the interim rule, the two documents
delaying enforcement, and the comments we
received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2008-0112.
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of the commenters agreed that
additional safeguarding measures were
warranted to protect the U.S. horse
industry; however, those commenters
did not agree with certain aspects of the
changes made in the interim rule. The
comments are discussed by topic below.
Imported Mares
The March 2011 interim rule
contained a new requirement that mares
over 731 days of age imported from a
CEM-affected region be given a
complement fixation (CF) test at the
post-arrival CEM quarantine facility. A
few commenters suggested that we
allow the blood to be taken and the CF
test to be completed at the port of entry
rather than at the post-arrival quarantine
facility in order to reduce the postarrival quarantine period.
While we understand the
commenters’ concern regarding import
delays and convenience, we believe that
since the CF test on imported mares is
a component of the CEM testing
program, the blood sample must be
taken and the test completed at a CEM
quarantine facility. CEM testing,
including CF testing, is a separate
function from import quarantine testing,
requirements for which are contained in
9 CFR 93.308. Ports are not equipped or
staffed to provide CEM testing services
that are available at designated CEM
quarantine facilities.
In any case, we believe the
commenters’ concern is unwarranted.
Collecting and submitting a blood
sample at CEM quarantine facilities will
not add any time to the CEM quarantine,
since CF test results would be available
before the mare has finished the culture
and treatment phase of CEM testing.
One commenter stated that we needed
to clarify the procedure for imported
mares that test positive for CEM. The
commenter asked whether the positive
mare would be returned to the country
of origin or treated at the quarantine
facility.
Imported mares that test positive for
CEM are not returned to their country of
origin. Rather, as provided under
§ 93.301(e)(5), imported mares that test
positive for CEM are treated and
retested.
One commenter stated that it was
important to identify pregnant and
nonpregnant mares due to the difference
in testing requirements for each. The
commenter asked whether there was a
declaration required to identify
pregnant and nonpregnant mares and, if
so, whether the declaration is confirmed
by an accredited veterinarian.
Mares over 731 days of age are
accompanied at the time of importation
by an import health certificate, but the
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health certificate does not include the
breeding status of the mare. Our
expectation, however, is that the owner,
importer, or agent will tell the
veterinarian in the United States or the
exporting country the breeding status of
the mare and that the veterinarian will
test accordingly. We recommend that
accredited veterinarians performing
CEM testing at the post-entry quarantine
facility examine mares by rectal
palpation or ultrasound to determine
the breeding status as part of their
standard operating procedures.
Imported Stallions
Previously, § 93.301(e)(3)(i) required
stallions to be cultured for CEM and test
bred to two test mares after negative
results from the cultures are obtained.
The March 2011 interim rule amended
that requirement to require that, prior to
test breeding, three sets of cultures be
collected from imported stallions rather
than one set. The interim rule allowed
test breeding to take place only after the
first two sets of cultures had yielded
negative results.
Some commenters questioned the
necessity of collecting more than one set
of pre-breeding cultures from imported
stallions. One commenter recommended
taking post-breeding cultures.
We are making a change to the final
rule based on these comments and the
2007 CEM Program Review, which
determined that test breeding is a more
sensitive test for CEM than pre-breeding
cultures. This final rule amends
paragraph (e)(3)(i) of § 93.301 to require
that one set of cultures be collected from
the stallion prior to breeding with
negative results, consistent with our
previous regulations. 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. If any
culture or test is positive for CEM, the
stallion would be treated for CEM as
described in § 93.301(e)(3)(i)(A) and
retested by being test bred to two mares
no less than 21 days after the last day
of treatment. Given the interim rule’s
enhancements to the testing process for
test mares, we believe that requiring one
set of cultures to be taken from imported
stallions will be sufficient to prevent the
introduction of CEM.
One commenter stated that we needed
to clarify whether stallions must be
treated for CEM at quarantine facilities
regardless of test results.
As stated in § 93.301(e)(3)(i), upon
completion of the test breeding,
stallions must be treated for 5
consecutive days in accordance with
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paragraph (e)(3)(i)(A) of § 93.301,
regardless of their test status. If a test
mare cultured for CEM shows positive
results, then the stallion is treated again
and retested. A stallion may be released
from State quarantine only if all cultures
and tests collected from test mares are
negative for CEM and all cultures and
tests collected from the stallion are
negative for CEM.
Test Mares
The March 2011 interim rule required
three sets of cultures to be taken from
the distal cervix or endometrial of test
mares. One commenter questioned
whether three sets of distal cervix or
endometrial cultures from test mares
would be an effective method for
detecting CEM because of the potential
of overgrowth and contamination of the
second and third set of cultures. This
would result in repeat cultures which
would increase the cost and time of the
post-arrival quarantine process. The
commenter suggested that cultures from
the distal cervix or endometrial be
collected on the third set of cultures
only.
We agree with the commenter and are
making a change to the interim rule as
a result. Specifically, we are no longer
requiring that cultures from the distal
cervix or endometrium be included with
all three sets of cultures collected from
the test mares. Instead, paragraphs
(e)(3)(i)(B) and (e)(4)(ii) of § 93.301 now
require that only the third set of cultures
include a swab from the distal cervix or
endometrium. In addition, we are
amending paragraph (d)(1)(ii)(D), which
contains similar requirement for the
importation of Spanish Pure Breed
horses and thoroughbred horses over
731 days, to require that only the third
set of cultures from imported mares
include a swab from the distal cervix or
endometrium.
The interim rule required CF testing
to be completed for test mares on the
twenty-first day after breeding. One
commenter asked what date range
would be acceptable if the blood test for
the CF testing could not be done exactly
on day 21. The commenter stated that
the date range for the completion of the
CF test needs to be spelled out due to
weekends, scheduling, and operation
status of the laboratories.
We agree with this comment. If a test
mare becomes CEM positive after
breeding, the CF test titer begins to rise
at day 15 post breeding, and would be
expected to continue rising between
days 21 and 28. Therefore, we are
amending paragraph (e)(3)(i)(B) of
§ 93.301 to state that a CF test for CEM
must be done with negative results
between the twenty-first and twenty-
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eighth day after the breeding. This
change will provide additional
flexibility in test scheduling, without
compromising the ability to detect
infection.
Exemptions; Geldings and Horses 731
Days of Age or Younger
The regulations in paragraph (c)(2) of
§ 93.301 exempts recently castrated
stallions (geldings) from CEM-related
importation requirements. Several
commenters suggested that geldings be
tested and treated for CEM, as
recommended by the 2007 CEM
Program Review. A concern was
expressed that recently castrated
stallions could maintain stallion-like
behavior and attempt and achieve
intromission with mares in estrus,
thereby creating a risk for CEM
transmission.
Geldings will not be used for breeding
purposes, which is where the risk of
CEM transmission is greatest. We do not
believe that the possibility of incidental
contact between a gelding and an inseason mare warrants the additional
time and expense associated with CEM
testing and treatment for geldings.
The regulations also exempt
weanlings or yearlings whose age is
certified on the import health certificate.
One commenter suggested that newborn
colts from CEM-infected mares should
be tested and treated for CEM. In
addition, the commenter suggested that
all weanlings and yearlings be tested
and treated for CEM as there is evidence
that non-venereal transmission is
possible.
We acknowledge that it is possible for
a foal to be born with CEM if the dam
was infected; however, the risk of nonvenereal transmission of CEM is low
and does not justify testing and treating
imported weanlings and yearlings that
have not been bred.
One commenter stated that some
cryptorchid stallions look like geldings
and, therefore, all geldings should be
tested to ensure no stallions that might
be misidentified are admitted into the
United States.
Each horse is accompanied at the time
of importation by an import permit
issued in accordance with § 93.304. We
acknowledge that it is possible for a
stallion to be misidentified; however,
the risk is low and does not justify
testing and treating every male horse
that is imported into the United States.
One commenter asked how we
regulate imported mares 731 days of age
or younger that are determined to be
pregnant.
If an imported mare 731 days of age
or younger is pregnant upon arrival to
the port of entry, the mare will be tested
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9579
and treated in accordance with
§ 93.301(e).
One commenter asked why
competition horses are tested if they are
not used for breeding.
As stated in § 93.301(f), horses
temporarily imported into the United
States for competition or entertainment
purposes are not subject to CEM testing
upon entry. Stallions and mares
imported for permanent entry into the
United States must be tested for CEM
even if importers plan to use those
horses solely for competition at the time
of import because the horses may be
used for breeding after competition.
One commenter asked that we clarify
the required testing protocols for each
category of horse imported into the
United States. Specifically, the
commenter wanted clarification
whether horses temporarily imported
for competition are exempt from postarrival quarantine, while horses
temporarily imported for entertainment
purposes are now subject to the postarrival quarantine.
Horses imported into the United
States temporarily under § 93.301(f) for
either competition or entertainment
purposes are not required to be tested
for CEM in the United States. Horses
entering temporarily for entertainment
purposes must be tested in the country
of origin. Horses entering temporarily
for competition for periods of 90 days or
less do not need to be tested in the
country of origin. Mares and stallions
imported permanently must be tested in
the United States and in the country of
origin.
Miscellaneous
A few commenters suggested that we
address the recommendations presented
in the 2007 CEM Program Review
regarding oversight, asking that we
establish minimum standards for
quarantine facilities, testing protocols,
and recordkeeping. The commenters
suggested that we conduct regular
training of testing officials and make
unscheduled visits to animal import
centers, quarantine facilities, and labs to
review each facility’s compliance with
the regulations.
We cooperate with State officials to
ensure compliance and accountability at
each facility. At present, we are drafting
a policy document that provides
minimum standards of operation for
each stage of the post-arrival quarantine
process. We have conducted training
courses for testing officials and
laboratory personnel, and will conduct
training in the future as resources
become available. Therefore, it is not
necessary to amend the regulations by
adding minimum standards for
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quarantine facilities, testing protocols,
and recordkeeping.
One commenter asked if there was a
system in place to ensure that horses
imported under temporary status for
competition exit the country after the
completion of their competition and
that they are not used for breeding
purposes during their stay.
As stated in § 93.301(f), any horse
temporarily imported would be
monitored by the Animal and Plant
Health Inspection Service (APHIS) to
ensure that the horse is moved
according to the itinerary and methods
of transport specified by the import
permit. The regulations clearly state that
a horse imported temporarily for
competition or entertainment must not
be used for breeding. If an owner or
importer subsequently seeks permission
to keep the horse in the United States,
the horse would be transported to a
State quarantine facility to undergo the
post-arrival quarantine testing and
treatment procedures.
A commenter inquired about the CEM
testing and treatment requirements for
horses being exported. The commenter
stated that requiring exporters to test
and treat horses prior to exportation,
particularly if that horse has never
tested positive for CEM, is an
unnecessary burden on exporters and
results in a loss of sales.
Export testing requirements are
determined by the destination country,
not by APHIS. Thus, exporters must test
and treat horses prior to exportation as
required by the destination country.
One commenter stated that APHIS’
list of CEM-affected countries in
§ 93.301 is different from the list
established by Canadian officials.
APHIS considers a country CEMaffected when CEM has been reported in
that country or where free movement of
horses from CEM-affected regions is
allowed. APHIS will add additional
countries to the list of CEM-affected
regions when evidence is available that
the organism is present in those
countries, or when a country reports the
disease to the World Organization for
Animal Health. Canada uses a different
approach for determining countries
from which imported horses must be
tested for CEM, and Canada’s list
includes countries that have not
reported CEM.
One commenter recommended that
we require horses with a history of
residing in a CEM-affected country for
more than 30 days to be tested for CEM,
even if they have resided in a CEM-free
country for 12 or more months prior to
exportation.
Our current regulations only require
CEM testing if a horse has resided in a
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CEM-affected region during the 12
months prior to importation. We
acknowledge that there may be some
benefit to testing horses that have
resided in a CEM-affected region at any
time prior to importation, especially if
the horse has not been adequately tested
and found free of CEM after importation
into a CEM-free region. We are
considering a future action to amend the
regulations accordingly.
One commenter recommended that
we provide detailed pictures of the sites
required to be cultured for CEM testing
since the nomenclature for these test
sites differs between countries.
We recognize that each country has its
own system of identifying the required
culture sites. We cannot include color
pictures within the regulations, which
are essential for accurately identifying
the culture sites. However, we provide
that information in policy documents
and on our Web site.2
Paragraph (e)(1)(iii) of § 93.301
provides the testing requirements for
horses prior to exportation from their
country of origin. We neglected to
amend this paragraph in the interim
rule by adding the additional culture
sites for stallions and mares that the
interim rule required for horses tested in
domestic CEM quarantine. Therefore,
we are amending § 93.301(e)(1)(iii) by
adding the distal urethra as a culture
site for stallions and the distal cervix or
the endometrium as a culture site for
mares imported into the United States.
The addition of the culture sites will
make the regulations consistent with the
changes made in the interim rule.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule, with the changes discussed in this
document.
This final rule also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, this action 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.
Regulatory Flexibility Act
This final rule follows an interim rule
that amended the regulations regarding
the importation of horses from countries
affected with CEM by incorporating an
additional certification requirement for
imported horses 731 days of age or less
2 For
more information, go to https://
www.aphis.usda.gov/import_export/animals/
live_animals.shtml.
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and adding new testing protocols for
test mares and imported stallions and
mares more than 731 days of age.
In accordance with 5 U.S.C. 604, we
have performed a final regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. Copies of the full analysis are
available on the Regulations.gov Web
site (see footnote 1 in this document for
a link to Regulations.gov) or by
contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
The final regulatory flexibility
analysis examines expected impacts for
U.S. small entities of amending the
regulations under which stallions and
mares are imported from CEM-affected
countries. For an importer of a mare
from a CEM-affected country, we expect
the additional costs will range from $80
to $255. For an importer of a stallion
from a CEM-affected country, we expect
the additional costs will range from
$620 to $830.
Currently, CEM testing costs vary by
State and within State, averaging about
$1,760 for mares and $5,070 for
stallions. The overall impact of the
additional costs for the horse industry is
not expected to be significant, given the
relatively small number of horses
imported from CEM countries (less than
2 percent of imports). The additional
costs are also not large when compared
to expected benefits in terms of reduced
risk of a CEM outbreak in the United
States.
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock,
Poultry and poultry products,
Quarantine, Reporting and
recordkeeping requirements.
Accordingly, the interim rule
amending 9 CFR part 93 that was
published at 76 FR 16683–16686 on
March 25, 2011, is adopted as a final
rule with the following changes:
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. By revising the first sentence of
paragraph (d)(1)(ii)(D); and
■
E:\FR\FM\11FER1.SGM
11FER1
Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations
b. By revising paragraphs (e)(1)(iii),
(e)(3)(i) introductory text, (e)(3)(i)(B),
and (e)(4)(ii).
The revisions read as follows:
■
§ 93.301
General prohibitions; exceptions.
erowe on DSK2VPTVN1PROD with RULES
*
*
*
*
*
(d) * * *
(1) * * *
(ii) * * *
(D) For Spanish Pure Breed horses
and thoroughbred horses over 731 days
of age, cultures negative for CEM were
obtained from three sets of specimens
collected within a 12-day period from
the mucosal surfaces of the clitoral fossa
and the clitoral sinuses, with one set of
specimens including a specimen from
the surfaces of the distal cervix or
endometrium, of any female horses and
from the surfaces of the prepuce, the
urethral sinus, the distal urethra, and
the fossa glandis, including the
diverticulum of the fossa glandis, of any
male horses. * * *
*
*
*
*
*
(e) * * *
(1) * * *
(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 set of specimens consists
of one culture swab from each location
shall be taken from the prepuce, the
urethral sinus, the distal urethra, and
the fossa glandis, including the
diverticulum of the fossa glandis; for
mares, the specimens must be collected
from the mucosal surfaces of the clitoral
fossa, clitoral sinuses, and the distal
cervix or endometrium in nonpregnant
mares. 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 region of origin;
*
*
*
*
*
(3) * * *
(i) Once the stallion is in the
approved State, one specimen each shall
be taken from the prepuce, the urethral
sinus, the distal urethra, 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:
*
*
*
*
*
(B) Each mare to which the stallion
has been test bred shall be cultured for
CEM from three sets of specimens from
the mucosal surfaces of the clitoral fossa
VerDate Mar<15>2010
14:06 Feb 08, 2013
Jkt 229001
9581
and clitoral sinuses, with one set of
specimens including a specimen from
either the distal cervix or endometrium,
between the third and fourteenth day
after breeding, with negative results.
The sets of specimens must be collected
on three separate occasions within a 12day period with no less than 72 hours
between each set. A complement
fixation test for CEM must be done with
negative results between the twenty-first
and twenty-eighth day after the
breeding.
*
*
*
*
*
(4) * * *
(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. Sets of specimens
shall be collected on three separate
occasions from the mucosal surfaces of
the clitoral fossa and the clitoral
sinuses, with one set of specimens
including a specimen from either the
distal cervix or endometrium, within a
12-day period with no less than 72
hours between each set.
*
*
*
*
*
series airplanes); and Model A310 series
airplanes. This AD was prompted by
reports of cracking through the
honeycomb core closed with phenolic
resin. This condition could result in
extended debonding and could
adversely affect the structural integrity
of the rudder. This AD requires
inspecting to determine the serial
number of a certain rudder and
replacing the rudder with a new or
serviceable rudder if necessary. We are
issuing this AD to prevent extended debonding, which could result in loss of
the rudder and consequent reduced
controllability of the airplane.
DATES: This AD becomes effective
March 18, 2013.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–2125;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Done in Washington, DC, this 6th day of
February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on September 26, 2012 (77 FR
59149). That NPRM proposed to correct
an unsafe condition for the specified
products. The Mandatory Continuing
Airworthiness Information (MCAI)
states:
[FR Doc. 2013–03024 Filed 2–8–13; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1002; Directorate
Identifier 2012–NM–052–AD; Amendment
39–17346; AD 2013–03–11]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Airbus Model A300 B4–600, B4–600R,
and F4–600R series airplanes, and
Model A300 C4–605R Variant F
airplanes (collectively called A300–600
SUMMARY:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Following in-service findings reported by
an operator, rudder laboratory investigation
revealed the existence of a crack through the
honeycomb core closed with phenolic resin.
This condition if not detected and corrected,
could result in extended de-bonding, which
would adversely affect the structural integrity
of the rudder. The loss of the rudder could
lead to degradation of the handling qualities
and reduces the controllability of the
aeroplane.
Further investigations identified a batch of
five affected rudders.
For the reasons described above, this
[European Aviation Safety Agency (EASA)]
AD [2012–0006, dated January 12, 2012]
requires [inspecting to determine the serial
number (S/N) of a certain rudder and] the
replacement of the five affected rudders with
[new or] serviceable ones.
You may obtain further information by
examining the MCAI in the AD docket.
E:\FR\FM\11FER1.SGM
11FER1
Agencies
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9577-9581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03024]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. APHIS-2008-0112]
RIN 0579-AD31
Importation of Horses From Contagious Equine Metritis-Affected
Countries
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, with changes, an interim rule
that amended the regulations regarding the importation of horses from
countries affected with contagious equine metritis (CEM) by
incorporating an additional certification requirement for imported
horses 731 days of age or less and adding new testing protocols for
test mares and imported stallions and mares more than 731 days of age.
This document revises certain CEM-testing requirements for imported
stallions and mares, and for test mares, that were amended in the
interim rule. The interim rule was necessary to provide additional
safeguards against the introduction of CEM through the importation of
affected horses.
DATES: Effective Date: March 13, 2013.
FOR FURTHER INFORMATION CONTACT: Dr. Ellen Buck, Senior Staff
Veterinarian, Equine Imports, National Center for Import and Export,
VS, APHIS, 4700
[[Page 9578]]
River Road Unit 36, Riverdale, MD 20737-1231; (301) 851-3361.
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. Subpart C--Horses, Sec. Sec. 93.300 through
93.326, pertains to the importation of horses into the United States.
Sections 93.301 and 93.304 of the regulations contain specific
provisions for the importation of horses from regions affected with
contagious equine metritis (CEM), which is a highly contagious venereal
disease of horses and other equines caused by infection or
contamination with the bacterium Taylorella equigenitalis.
In an interim rule \1\ effective and published in the Federal
Register on March 25, 2011 (76 FR 16683-16686, Docket No. APHIS-2008-
0112), we amended the regulations in Sec. 93.301 regarding the
importation of horses from countries affected with CEM by incorporating
an additional certification requirement for imported horses 731 days of
age or less and adding new testing protocols for test mares and
imported stallions and mares more than 731 days of age.
---------------------------------------------------------------------------
\1\ To view the interim rule, the two documents delaying
enforcement, and the comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2008-0112.
---------------------------------------------------------------------------
We solicited comments concerning the interim rule for 60 days
ending May 24, 2011. In response to implementation concerns raised by
commenters, we published a document in the Federal Register on May 31,
2011 (76 FR 31220-31221, Docket No. APHIS-2008-0112), in which we
announced that we were delaying enforcement of the interim rule until
July 25, 2011, in order to provide CEM testing facilities time to make
necessary adjustments to their operating procedures for the rule to be
successfully implemented. In a subsequent document published in the
Federal Register on August 23, 2011 (76 FR 52547-52548, Docket No.
APHIS-2008-0112), we announced that the delay of enforcement would
continue until the publication of a final rule, and reopened the
comment period until September 7, 2011.
We received a total of 18 comments by that date. They were from
private citizens, foreign governments and commission, State departments
of agriculture, a State veterinary agency, and U.S. horse
organizations. Seventeen of the commenters agreed that additional
safeguarding measures were warranted to protect the U.S. horse
industry; however, those commenters did not agree with certain aspects
of the changes made in the interim rule. The comments are discussed by
topic below.
Imported Mares
The March 2011 interim rule contained a new requirement that mares
over 731 days of age imported from a CEM-affected region be given a
complement fixation (CF) test at the post-arrival CEM quarantine
facility. A few commenters suggested that we allow the blood to be
taken and the CF test to be completed at the port of entry rather than
at the post-arrival quarantine facility in order to reduce the post-
arrival quarantine period.
While we understand the commenters' concern regarding import delays
and convenience, we believe that since the CF test on imported mares is
a component of the CEM testing program, the blood sample must be taken
and the test completed at a CEM quarantine facility. CEM testing,
including CF testing, is a separate function from import quarantine
testing, requirements for which are contained in 9 CFR 93.308. Ports
are not equipped or staffed to provide CEM testing services that are
available at designated CEM quarantine facilities.
In any case, we believe the commenters' concern is unwarranted.
Collecting and submitting a blood sample at CEM quarantine facilities
will not add any time to the CEM quarantine, since CF test results
would be available before the mare has finished the culture and
treatment phase of CEM testing.
One commenter stated that we needed to clarify the procedure for
imported mares that test positive for CEM. The commenter asked whether
the positive mare would be returned to the country of origin or treated
at the quarantine facility.
Imported mares that test positive for CEM are not returned to their
country of origin. Rather, as provided under Sec. 93.301(e)(5),
imported mares that test positive for CEM are treated and retested.
One commenter stated that it was important to identify pregnant and
nonpregnant mares due to the difference in testing requirements for
each. The commenter asked whether there was a declaration required to
identify pregnant and nonpregnant mares and, if so, whether the
declaration is confirmed by an accredited veterinarian.
Mares over 731 days of age are accompanied at the time of
importation by an import health certificate, but the health certificate
does not include the breeding status of the mare. Our expectation,
however, is that the owner, importer, or agent will tell the
veterinarian in the United States or the exporting country the breeding
status of the mare and that the veterinarian will test accordingly. We
recommend that accredited veterinarians performing CEM testing at the
post-entry quarantine facility examine mares by rectal palpation or
ultrasound to determine the breeding status as part of their standard
operating procedures.
Imported Stallions
Previously, Sec. 93.301(e)(3)(i) required stallions to be cultured
for CEM and test bred to two test mares after negative results from the
cultures are obtained. The March 2011 interim rule amended that
requirement to require that, prior to test breeding, three sets of
cultures be collected from imported stallions rather than one set. The
interim rule allowed test breeding to take place only after the first
two sets of cultures had yielded negative results.
Some commenters questioned the necessity of collecting more than
one set of pre-breeding cultures from imported stallions. One commenter
recommended taking post-breeding cultures.
We are making a change to the final rule based on these comments
and the 2007 CEM Program Review, which determined that test breeding is
a more sensitive test for CEM than pre-breeding cultures. This final
rule amends paragraph (e)(3)(i) of Sec. 93.301 to require that one set
of cultures be collected from the stallion prior to breeding with
negative results, consistent with our previous regulations. 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. If any culture or test is positive for CEM, the
stallion would be treated for CEM as described in Sec.
93.301(e)(3)(i)(A) and retested by being test bred to two mares no less
than 21 days after the last day of treatment. Given the interim rule's
enhancements to the testing process for test mares, we believe that
requiring one set of cultures to be taken from imported stallions will
be sufficient to prevent the introduction of CEM.
One commenter stated that we needed to clarify whether stallions
must be treated for CEM at quarantine facilities regardless of test
results.
As stated in Sec. 93.301(e)(3)(i), upon completion of the test
breeding, stallions must be treated for 5 consecutive days in
accordance with
[[Page 9579]]
paragraph (e)(3)(i)(A) of Sec. 93.301, regardless of their test
status. If a test mare cultured for CEM shows positive results, then
the stallion is treated again and retested. A stallion may be released
from State quarantine only if all cultures and tests collected from
test mares are negative for CEM and all cultures and tests collected
from the stallion are negative for CEM.
Test Mares
The March 2011 interim rule required three sets of cultures to be
taken from the distal cervix or endometrial of test mares. One
commenter questioned whether three sets of distal cervix or endometrial
cultures from test mares would be an effective method for detecting CEM
because of the potential of overgrowth and contamination of the second
and third set of cultures. This would result in repeat cultures which
would increase the cost and time of the post-arrival quarantine
process. The commenter suggested that cultures from the distal cervix
or endometrial be collected on the third set of cultures only.
We agree with the commenter and are making a change to the interim
rule as a result. Specifically, we are no longer requiring that
cultures from the distal cervix or endometrium be included with all
three sets of cultures collected from the test mares. Instead,
paragraphs (e)(3)(i)(B) and (e)(4)(ii) of Sec. 93.301 now require that
only the third set of cultures include a swab from the distal cervix or
endometrium. In addition, we are amending paragraph (d)(1)(ii)(D),
which contains similar requirement for the importation of Spanish Pure
Breed horses and thoroughbred horses over 731 days, to require that
only the third set of cultures from imported mares include a swab from
the distal cervix or endometrium.
The interim rule required CF testing to be completed for test mares
on the twenty-first day after breeding. One commenter asked what date
range would be acceptable if the blood test for the CF testing could
not be done exactly on day 21. The commenter stated that the date range
for the completion of the CF test needs to be spelled out due to
weekends, scheduling, and operation status of the laboratories.
We agree with this comment. If a test mare becomes CEM positive
after breeding, the CF test titer begins to rise at day 15 post
breeding, and would be expected to continue rising between days 21 and
28. Therefore, we are amending paragraph (e)(3)(i)(B) of Sec. 93.301
to state that a CF test for CEM must be done with negative results
between the twenty-first and twenty-eighth day after the breeding. This
change will provide additional flexibility in test scheduling, without
compromising the ability to detect infection.
Exemptions; Geldings and Horses 731 Days of Age or Younger
The regulations in paragraph (c)(2) of Sec. 93.301 exempts
recently castrated stallions (geldings) from CEM-related importation
requirements. Several commenters suggested that geldings be tested and
treated for CEM, as recommended by the 2007 CEM Program Review. A
concern was expressed that recently castrated stallions could maintain
stallion-like behavior and attempt and achieve intromission with mares
in estrus, thereby creating a risk for CEM transmission.
Geldings will not be used for breeding purposes, which is where the
risk of CEM transmission is greatest. We do not believe that the
possibility of incidental contact between a gelding and an in-season
mare warrants the additional time and expense associated with CEM
testing and treatment for geldings.
The regulations also exempt weanlings or yearlings whose age is
certified on the import health certificate. One commenter suggested
that newborn colts from CEM-infected mares should be tested and treated
for CEM. In addition, the commenter suggested that all weanlings and
yearlings be tested and treated for CEM as there is evidence that non-
venereal transmission is possible.
We acknowledge that it is possible for a foal to be born with CEM
if the dam was infected; however, the risk of non-venereal transmission
of CEM is low and does not justify testing and treating imported
weanlings and yearlings that have not been bred.
One commenter stated that some cryptorchid stallions look like
geldings and, therefore, all geldings should be tested to ensure no
stallions that might be misidentified are admitted into the United
States.
Each horse is accompanied at the time of importation by an import
permit issued in accordance with Sec. 93.304. We acknowledge that it
is possible for a stallion to be misidentified; however, the risk is
low and does not justify testing and treating every male horse that is
imported into the United States.
One commenter asked how we regulate imported mares 731 days of age
or younger that are determined to be pregnant.
If an imported mare 731 days of age or younger is pregnant upon
arrival to the port of entry, the mare will be tested and treated in
accordance with Sec. 93.301(e).
One commenter asked why competition horses are tested if they are
not used for breeding.
As stated in Sec. 93.301(f), horses temporarily imported into the
United States for competition or entertainment purposes are not subject
to CEM testing upon entry. Stallions and mares imported for permanent
entry into the United States must be tested for CEM even if importers
plan to use those horses solely for competition at the time of import
because the horses may be used for breeding after competition.
One commenter asked that we clarify the required testing protocols
for each category of horse imported into the United States.
Specifically, the commenter wanted clarification whether horses
temporarily imported for competition are exempt from post-arrival
quarantine, while horses temporarily imported for entertainment
purposes are now subject to the post-arrival quarantine.
Horses imported into the United States temporarily under Sec.
93.301(f) for either competition or entertainment purposes are not
required to be tested for CEM in the United States. Horses entering
temporarily for entertainment purposes must be tested in the country of
origin. Horses entering temporarily for competition for periods of 90
days or less do not need to be tested in the country of origin. Mares
and stallions imported permanently must be tested in the United States
and in the country of origin.
Miscellaneous
A few commenters suggested that we address the recommendations
presented in the 2007 CEM Program Review regarding oversight, asking
that we establish minimum standards for quarantine facilities, testing
protocols, and recordkeeping. The commenters suggested that we conduct
regular training of testing officials and make unscheduled visits to
animal import centers, quarantine facilities, and labs to review each
facility's compliance with the regulations.
We cooperate with State officials to ensure compliance and
accountability at each facility. At present, we are drafting a policy
document that provides minimum standards of operation for each stage of
the post-arrival quarantine process. We have conducted training courses
for testing officials and laboratory personnel, and will conduct
training in the future as resources become available. Therefore, it is
not necessary to amend the regulations by adding minimum standards for
[[Page 9580]]
quarantine facilities, testing protocols, and recordkeeping.
One commenter asked if there was a system in place to ensure that
horses imported under temporary status for competition exit the country
after the completion of their competition and that they are not used
for breeding purposes during their stay.
As stated in Sec. 93.301(f), any horse temporarily imported would
be monitored by the Animal and Plant Health Inspection Service (APHIS)
to ensure that the horse is moved according to the itinerary and
methods of transport specified by the import permit. The regulations
clearly state that a horse imported temporarily for competition or
entertainment must not be used for breeding. If an owner or importer
subsequently seeks permission to keep the horse in the United States,
the horse would be transported to a State quarantine facility to
undergo the post-arrival quarantine testing and treatment procedures.
A commenter inquired about the CEM testing and treatment
requirements for horses being exported. The commenter stated that
requiring exporters to test and treat horses prior to exportation,
particularly if that horse has never tested positive for CEM, is an
unnecessary burden on exporters and results in a loss of sales.
Export testing requirements are determined by the destination
country, not by APHIS. Thus, exporters must test and treat horses prior
to exportation as required by the destination country.
One commenter stated that APHIS' list of CEM-affected countries in
Sec. 93.301 is different from the list established by Canadian
officials.
APHIS considers a country CEM-affected when CEM has been reported
in that country or where free movement of horses from CEM-affected
regions is allowed. APHIS will add additional countries to the list of
CEM-affected regions when evidence is available that the organism is
present in those countries, or when a country reports the disease to
the World Organization for Animal Health. Canada uses a different
approach for determining countries from which imported horses must be
tested for CEM, and Canada's list includes countries that have not
reported CEM.
One commenter recommended that we require horses with a history of
residing in a CEM-affected country for more than 30 days to be tested
for CEM, even if they have resided in a CEM-free country for 12 or more
months prior to exportation.
Our current regulations only require CEM testing if a horse has
resided in a CEM-affected region during the 12 months prior to
importation. We acknowledge that there may be some benefit to testing
horses that have resided in a CEM-affected region at any time prior to
importation, especially if the horse has not been adequately tested and
found free of CEM after importation into a CEM-free region. We are
considering a future action to amend the regulations accordingly.
One commenter recommended that we provide detailed pictures of the
sites required to be cultured for CEM testing since the nomenclature
for these test sites differs between countries.
We recognize that each country has its own system of identifying
the required culture sites. We cannot include color pictures within the
regulations, which are essential for accurately identifying the culture
sites. However, we provide that information in policy documents and on
our Web site.\2\
---------------------------------------------------------------------------
\2\ For more information, go to https://www.aphis.usda.gov/import_export/animals/live_animals.shtml.
---------------------------------------------------------------------------
Paragraph (e)(1)(iii) of Sec. 93.301 provides the testing
requirements for horses prior to exportation from their country of
origin. We neglected to amend this paragraph in the interim rule by
adding the additional culture sites for stallions and mares that the
interim rule required for horses tested in domestic CEM quarantine.
Therefore, we are amending Sec. 93.301(e)(1)(iii) by adding the distal
urethra as a culture site for stallions and the distal cervix or the
endometrium as a culture site for mares imported into the United
States. The addition of the culture sites will make the regulations
consistent with the changes made in the interim rule.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule, with the
changes discussed in this document.
This final rule also affirms the information contained in the
interim rule concerning Executive Order 12866 and the Regulatory
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork
Reduction Act.
Further, this action 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.
Regulatory Flexibility Act
This final rule follows an interim rule that amended the
regulations regarding the importation of horses from countries affected
with CEM by incorporating an additional certification requirement for
imported horses 731 days of age or less and adding new testing
protocols for test mares and imported stallions and mares more than 731
days of age.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
The final regulatory flexibility analysis examines expected impacts
for U.S. small entities of amending the regulations under which
stallions and mares are imported from CEM-affected countries. For an
importer of a mare from a CEM-affected country, we expect the
additional costs will range from $80 to $255. For an importer of a
stallion from a CEM-affected country, we expect the additional costs
will range from $620 to $830.
Currently, CEM testing costs vary by State and within State,
averaging about $1,760 for mares and $5,070 for stallions. The overall
impact of the additional costs for the horse industry is not expected
to be significant, given the relatively small number of horses imported
from CEM countries (less than 2 percent of imports). The additional
costs are also not large when compared to expected benefits in terms of
reduced risk of a CEM outbreak in the United States.
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, the interim rule amending 9 CFR part 93 that was
published at 76 FR 16683-16686 on March 25, 2011, is adopted as a final
rule with the following changes:
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
0
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.
0
2. Section 93.301 is amended as follows:
0
a. By revising the first sentence of paragraph (d)(1)(ii)(D); and
[[Page 9581]]
0
b. By revising paragraphs (e)(1)(iii), (e)(3)(i) introductory text,
(e)(3)(i)(B), and (e)(4)(ii).
The revisions read as follows:
Sec. 93.301 General prohibitions; exceptions.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) For Spanish Pure Breed horses and thoroughbred horses over 731
days of age, cultures negative for CEM were obtained from three sets of
specimens collected within a 12-day period from the mucosal surfaces of
the clitoral fossa and the clitoral sinuses, with one set of specimens
including a specimen from the surfaces of the distal cervix or
endometrium, of any female horses and from the surfaces of the prepuce,
the urethral sinus, the distal urethra, and the fossa glandis,
including the diverticulum of the fossa glandis, of any male horses. *
* *
* * * * *
(e) * * *
(1) * * *
(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 set of specimens consists of one
culture swab from each location shall be taken from the prepuce, the
urethral sinus, the distal urethra, and the fossa glandis, including
the diverticulum of the fossa glandis; for mares, the specimens must be
collected from the mucosal surfaces of the clitoral fossa, clitoral
sinuses, and the distal cervix or endometrium in nonpregnant mares. 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 region of origin;
* * * * *
(3) * * *
(i) Once the stallion is in the approved State, one specimen each
shall be taken from the prepuce, the urethral sinus, the distal
urethra, 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:
* * * * *
(B) Each mare to which the stallion has been test bred shall be
cultured for CEM from three sets of specimens from the mucosal surfaces
of the clitoral fossa and clitoral sinuses, with one set of specimens
including a specimen from either the distal cervix or endometrium,
between the third and fourteenth day after breeding, with negative
results. The sets of specimens must be collected on three separate
occasions within a 12-day period with no less than 72 hours between
each set. A complement fixation test for CEM must be done with negative
results between the twenty-first and twenty-eighth day after the
breeding.
* * * * *
(4) * * *
(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. Sets of specimens shall be collected on
three separate occasions from the mucosal surfaces of the clitoral
fossa and the clitoral sinuses, with one set of specimens including a
specimen from either the distal cervix or endometrium, within a 12-day
period with no less than 72 hours between each set.
* * * * *
Done in Washington, DC, this 6th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-03024 Filed 2-8-13; 8:45 am]
BILLING CODE 3410-34-P