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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Proposed Rules
immediately prior to export. For racing thoroughbreds from France, Germany, Ireland and/or the United Kingdom, the health certificate must state that the horses have been in one or more of these countries for a minimum of 60 days immediately prior to export. We are proposing these changes in response to confusion about what the phrases from Spain and from France, Germany, Ireland, and the United Kingdom mean in the context of horses referred to in this paragraph.
The regulations currently require the veterinarian issuing such health certificates to certify that he or she has examined the records of the horses activities maintained by a breed association. We are proposing to add the words and identification after the word activities to better describe the information the veterinarian is required to examine.
The current regulations require the veterinarian to compare records kept by the breed association to records kept by the horses trainer. We are proposing to add the words including the competition or event records after the words the records kept by the trainer to provide veterinarians with more detailed guidance on which records they are required to examine.
For Spanish pure breed horses from Spain, the veterinarian is currently required to examine the breed associations records to ensure that breeding of the horse has never been attempted since the horse reached 731
days of age. To address current and future breeding technologies and practices, we are proposing to clarify that this prohibition on breeding applies to both live and artificial breeding.
We are also proposing to make a minor editorial change to this section by adding the word racing in front of the words thoroughbred horses from France, Germany, Ireland, and the United Kingdom in the introductory text to paragraph d.
Paragraph j of 93.301 describes the general entry requirements for horses from regions where screwworm exists.
We are proposing to move these requirements from 93.301 to 93.308, where other import testing and examination requirements are listed.
The requirements for importation of horses from regions where screwworm exists would be found in 93.308a3.
We would also replace the phrase APHIS animal import center, which is currently provided as the location of quarantine, with the more precise phrase port designated in 93.303.
Additionally, we would clarify that horses imported from regions where screwworm exists must also obtain an
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import permit in accordance with 93.304.
Section 93.306 governs the inspection of imported horses at the port of entry.
Currently, the regulations state that all horses that fail to meet the provisions part 93 will be refused entry. We would clarify that this provision applies to horses dead upon presentation as well.
Section 93.307 stipulates that no articles accompanying horses during their importation shall be landed at the port of entry except as directed by the inspector in charge of the port of entry.
Currently, the regulations include in the list of relevant articles other things used for or about horses governed by the regulations this part. We are proposing to replace this phrase with the more specific phrase other things used for or about horses governed under any law or regulation administered by the Secretary of Agriculture for prevention of the introduction or dissemination of any pests or diseases of livestock.
Paragraph a1 of 93.308 governs the importation of horses from regions where Venezuelan equine encephalomyelitis VEE exists.
Currently, paragraph a1i states that APHIS keeps a list of regions free of VEE. This is incorrect. Instead, APHIS
keeps a list of regions affected with VEE.
Paragraph a1ii explains the procedures for adding and removing regions from this list, and, in doing so, references the incorrect description of the nature of this list. We are proposing to correct these statements.
Additionally, we are proposing to clarify existing policy by adding that horses imported from regions where VEE exists must obtain an import permit in accordance with 93.304 in addition to all other requirements listed. We would also make minor syntactical changes to improve readability and clarity.
Paragraph b of 93.308 describes temporary, privately owned quarantine facilities in which some horses may complete quarantine. In order to accurately reflect current practices, we are proposing to clarify that horses originating from regions in which Venezuelan equine encephalomyelitis or screwworm is declared to exist may not complete quarantine in temporary, privately-owned quarantine facilities.
Horses from these regions cannot currently complete quarantine in such facilities, nor have they been able to in the past, as the requirements for temporary quarantine facilities are not sufficient to safeguard against vectorborne foreign animal diseases which include screwworm, Venezuelan equine encephalomyelitis, and African horse sickness.

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Current paragraph a5i of 93.314, which will be redesignated as paragraph a7i in this proposed rule, stipulates that health certificates must state that the horse has not been in a CEMaffected region during the 12 months prior to their importation and mentions that CEM-affected regions are listed in 93.301c1. However, 93.301c1
does not list these regions, but instead states that APHIS maintains such a list on the APHIS website. We are proposing to change the phrase listed in 93.301c1 to listed in accordance with 93.301c1 on the APHIS
website to correct this.
Section 93.321 outlines the import permit and inspection requirements for horses imported from Mexico. We are proposing to add a sentence stating that horses completing quarantine in the United States must obtain an import permit as described in 93.304 in order to clarify existing policy.
Footnotes in 93.308 and 93.324
refer to disease testing protocol documents that no longer exist. We are proposing to replace the information in these footnotes with references to the APHIS website, where current guidance documents outlining the protocol for testing horses in quarantine is available.
Executive Order 12866 and Regulatory Flexibility Act This proposed 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.
In accordance with 5 U.S.C. 603, we have performed an initial regulatory flexibility analysis, which is summarized below, regarding the economic effects of this proposed rule on small entities. Copies of the full analysis are available by contacting the person listed under FOR FURTHER
INFORMATION CONTACT or on the Regulations.gov website see ADDRESSES
above for instructions for accessing Regulations.gov.
Based on the information we have, there is no reason to conclude that adoption of this proposed rule would result in any significant economic effect on a substantial number of small entities. However, we do not currently have all the data necessary for a comprehensive analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In particular, we are interested in determining the number and kind of small entities that may incur benefits or costs from the implementation of this proposed rule.
APHIS proposes amending elements of its equine import regulations.

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