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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Proposed Rules
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We are also proposing to require that, if applicable, health certificates confirm that the horse has not been castrated during the 14 days preceding exportation. Horses that have been so recently castrated are at an increased risk of infection and transporting them during this window risks compromising both their own health and the health of other horses. We would also require that castrated horses be accompanied by a certificate of castration.
Additionally, we are proposing to require that horses be accompanied by documentation stating that a pre-export examination occurred within 48 hours of the horses export in order to further ensure that horses imported into the United States are free of pests and diseases of livestock and fit to travel at the time of export.
We are also proposing two minor edits to align this section with other sections regarding horses in special circumstances.
Paragraph a1 requires health certificates to state that horses have been in the said region for the 60 days preceding exportation. In light of the change proposed to 93.301g, allowing horses to be temporarily exported to CEM-affected countries for 90 days, we are proposing to add to this paragraph that, for horses described in 93.301g, this attestation applies for the duration of the horses temporary exportation to each CEM-affected region. This is necessary to ensure that health certificates for these horses continue to include accurate information regarding their whereabouts for the entire duration of their temporary exportation.
We would also clarify that paragraph a7i, which requires health certificates to state that horses have not been in any region affected with CEM
during the 12 months immediately prior to export, does not apply to horses described in 93.301f, which are horses from regions affected with CEM
that are temporarily imported to the United States for competition or entertainment purposes. These latter horses have special provisions outlined in 93.301f, and this change clarifies 93.314 to align with those provisions.
Horses From Canada Section 93.317 of the regulations governs the importation of horses from Canada, while 93.318 governs special provisions concerning these importations. Currently, horses from Canada temporarily imported into the United States may enter through any Canada-U.S. land border port that allows entry of animals without an APHIS inspection, whereas horses from
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Canada permanently imported into the United States must receive an inspection prior to entry. We are proposing to amend the regulations to remove distinctions between temporary and permanent import by removing the requirement that horses presented for permanent importation receive an inspection prior to entry. Requirements that currently apply to both temporarily imported and permanently imported horses would remain the same; horses would be allowed to enter the United States when accompanied by an official, Canadian Food Inspection Agencyendorsed health certificate issued within 30 days of the date of entry into the United States and when there are negative results of a test for equine infectious anemia taken within 180 days of entry.
APHIS considers the health status of temporarily and permanently imported horses from Canada to be generally equivalent. Moreover, the health certificate, which requires negative tests for diseases of pests or livestock affecting horses, already provides sufficient evidence that the horses presented for importation are free of communicable disease. For these reasons, this change would not increase the risk of introducing communicable diseases or pests of livestock into the United States. Additionally, the proposed change would align APHIS
import requirements with Canadas requirements for import of horses from the United States, which stipulates that U.S.-origin horses must meet the same import requirements regardless of whether they are imported temporarily or permanently.
This proposed change would not impact the special provisions for horses from Canada imported for immediate slaughter or for horses from Canada transported in-bond through the United States for immediate export, which will continue to be inspected at the port of entry.
Horses From Central America and the West Indies Section 93.319 contains import permit requirements for horses imported from Central America and the West Indies. In that section currently, only horses directly imported from Central America and the West Indies are required to present an import permit and declaration upon entry. Likewise, the requirements concerning health certificates, quarantine, and testing listed in 93.320 currently only apply to horses directly imported from these regions as well. Because horses transiting through these regions present risks similar to those presented by
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horses imported directly from them, we are proposing to add horses that transit Central America or the West Indies en route to the United States be required to comply with these requirements upon entry as well. We would also clarify existing policy by adding to 93.319
that all horses imported from or transiting Central America and the West Indies are required to have obtained an import permit in accordance with 93.304; this requirement is currently implied by the heading of the section, but not overtly stated in the text.
Shipping Containers Section 93.302 governs the inspection, unloading, cleaning, and disinfection requirements of certain aircraft and other means of conveyance and shipping containers. We are proposing to amend the regulations to include a paragraph that addresses the requirements for shipping containers, including disinfection requirements, as well as measures to ensure that horses are transported safely. This will address the repeated health and safety issues present for equines during transport and will provide APHIS with more regulatory authority to enforce standards for shipping containers. We are proposing to present these requirements as performance standards in the regulations. Guidance on how to meet these requirements would be found in the Live Animal Regulations LAR, as amended, published by the International Air Transport Association IATA. If an importer wishes to use alternative means of meeting the requirements other than those in the LAR, they would be able to contact APHIS Live Animal Imports to ask for approval by phone at 301 8513300, option 2, or by email at VS.Live.Animal.Import.Export@
usda.gov.
Miscellaneous Lastly, in various sections, we are proposing to add language that clarifies existing policy in order to reduce confusion and ensure that the regulations are as clear as possible, as well as to update outdated information.
Paragraph d of 93.301 governs the importation of Spanish pure breed horses from Spain and racing thoroughbred horses from France, Germany, Ireland, and the United Kingdom. Paragraph d1ii stipulates that such horses must be accompanied by a health certificate and outlines the requirements of such health certificates.
We are proposing to require that, for Spanish pure breed horses, the health certificate state that the horses have been in Spain for a minimum of 60 days
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