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/ 2002
/ July
/ Monday, July 01, 2002
[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Proposed Rules]
[Page 44097-44111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-27]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. 99-012-1]
Standards for Permanent, Privately Owned Horse Quarantine
Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations pertaining to the
importation of horses to establish standards for the approval of
permanent, privately owned quarantine facilities for horses. We are
taking this action because recent demand for quarantine services for
horses has exceeded the space available at existing facilities. We
believe that allowing imported horses to be quarantined in permanent,
privately owned horse quarantine facilities that meet these criteria
would facilitate the importation of horses while continuing to protect
against the introduction of communicable diseases of horses.
DATES: We will consider all comments that we receive by August 30,
2002.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 99-012-1, Regulatory Analysis and
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. 99-012-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Bischoff, Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93 govern the importation into the
United States of specified animals and animal products in order to help
prevent the introduction of various animal diseases into the United
States. The regulations in part 93 require that some of these animals
be quarantined upon arrival in the United States as a condition of
entry. APHIS operates animal quarantine facilities and authorizes the
use of privately owned quarantine facilities for certain animal
importations. The regulations in part 93 currently contain requirements
for the approval of various privately owned quarantine facilities. The
regulations at subpart C of part 93 (9 CFR 93.300 through 93.326,
referred to below as the regulations) pertain to the importation of
horses and include requirements for privately owned quarantine
facilities for horses. These requirements are for the approval and
establishment of temporary quarantine facilities for the purpose of
quarantining imported horses for a specific event.
In addition to operating Federal animal quarantine facilities and
authorizing the operation of temporary, privately owned quarantine
facilities for horses, APHIS currently authorizes the operation of one
permanent, privately owned animal import quarantine facility, located
in Los Angeles County, CA.
The demand for import quarantine facilities for horses has risen in
recent years as the amount of trade between the United States and other
countries has risen. From 1992 to 1999, the number of horses imported
annually into the United States increased substantially. In some cases,
the demand for quarantine services for horses has exceeded the space
available at existing facilities. In addition, in some locations, such
as Hawaii and Puerto Rico, no facilities exist for quarantining
imported horses. The demand for quarantine services for horses cannot
always be filled by temporary, privately owned quarantine facilities
because such facilities are established, approved, and operated by
importers on a temporary basis to handle only horses imported for a
unique importation, race, or show.
As a result of the increasing demand for quarantine space for
imported horses and a request from the horse industry to establish
standards for permanent, privately owned horse quarantine facilities,
we are proposing to establish requirements in the regulations for the
approval and operation of such facilities. We have considered the
[[Page 44098]]
possible need for permanent, privately owned quarantine facilities for
horses in the past. On September 6, 1989, we published in the Federal
Register (54 FR 36986-36996, Docket No. 85-061) a proposed rule that
would have (1) allowed the operation of permanent, privately owned
quarantine facilities for horses; (2) added new requirements for the
approval of temporary, privately owned quarantine facilities for
horses; and (3) required payment from each privately owned quarantine
facility for services provided by APHIS at the facility. These changes
would have been made in 9 CFR part 92; however, a 1990 final rule
reorganized part 92, and the proposed provisions were no longer
consistent with the new format of the part. Because of this
inconsistency and for other reasons, we withdrew the proposed rule and
reopened the issue for public discussion in a notice of withdrawal and
an advance notice of proposed rulemaking published in the Federal
Register on February 26, 1996 (61 FR 7079, Docket No. 95-084-1). Then,
on May 6, 1996, we published a notice (61 FR 20189-20190, Docket No.
95-084-2) that we were reopening and extending the public comment
period established by the advance notice of proposed rulemaking and
holding a public meeting on May 17, 1996, regarding the issue of
permanent, privately owned quarantine facilities for horses.
We received 10 comments during the 2 comment periods and at the
public meeting just described. Some commenters supported the concept of
permanent, privately owned quarantine facilities for horses, and some
commenters were opposed. We have considered the comments and have
decided to propose regulations that would allow the establishment of
permanent, privately owned horse quarantine facilities that would
operate under the strict oversight of an APHIS veterinarian. We believe
that these facilities would provide an effective and efficient means of
bringing horses into the United States without compromising our ability
to protect against the introduction of communicable diseases of horses.
We intend to maintain the current requirements in the regulations
for the approval of temporary, privately owned quarantine facilities
for horses. We believe that these requirements are sufficient for
facilities that are intended to quarantine horses imported only for a
particular event. Temporary facilities are generally used to quarantine
small numbers of animals in a single group and are in operation only a
short period of time before all the animals are removed and the
facility is closed.
We are proposing to add requirements to the regulations for the
establishment and approval of permanent, privately owned quarantine
facilities for horses. These requirements are designed to maintain the
same biological security standards that are currently employed in other
APHIS-approved permanent quarantine facilities.
We believe that the permanent, privately owned facilities must be
designed, equipped, and monitored similarly to APHIS quarantine
facilities in order to provide sufficient protection against the
introduction of disease. Like an APHIS facility, a permanent, privately
owned quarantine facility could be occupied on a continuing basis by a
large number of horses in different lots.\1\ Therefore, the risk of
disease spread within and from permanent facilities would be different
than the risk at temporary facilities. These differences dictate that
security measures must be tighter, and disease detection and prevention
measures must be different, at permanent facilities than at temporary
ones. While the requirements for temporary facilities allow for
variation in the physical plants, the proposed requirements for
permanent facilities would ensure a greater degree of consistency in
the physical plants of those facilities. Such consistency should help
ensure a greater degree of biosecurity. The full text of the proposed
regulations appears in the rule portion of this document. Our
discussion of the proposed provisions follows.
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\1\ Under this proposed rule, APHIS would also approve
permanent, private facilities that are equipped to handle only one
lot of horses at a time.
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Definitions
We are proposing to add to Sec. 93.300 definitions for the terms
permanent, privately owned quarantine facility and temporary, privately
owned quarantine facility to make clear the differences between the two
types of facilities. A permanent, privately owned quarantine facility
would be one that offers quarantine services for horses to the general
public on a continuing basis and that is owned by an entity other than
the Federal Government. A temporary, privately owned quarantine
facility would be one that offers quarantine services for a special
event and that is owned by an entity other than the Federal Government.
Throughout the rest of this document, use of the term ``permanent
facility'' means a permanent, privately owned quarantine facility for
horses, and use of the term ``temporary facility'' means a temporary,
privately owned quarantine facility for horses.
We are proposing to revise the definition for operator contained in
Sec. 93.300. Operator is currently defined for the purposes of
Sec. 93.308 as ``any person operating an approved quarantine
facility.'' The revised definition of operator would be ``a person
other than the Federal government who owns or operates a temporary,
privately owned quarantine facility or a permanent, privately owned
quarantine facility.'' We are proposing this change because we want to
emphasize that, although private entities would own these facilities,
they would be subject to APHIS approval and oversight.
We would also add definitions for the terms lot, lot-holding area,
quarantine area, and nonquarantine area. We would define a lot of
horses as a group of horses that, while held on a conveyance or
premises, have had opportunity for physical contact with other horses
in the group or with their excrement or discharges at any time during
their shipment to the United States. A lot-holding area would be an
area in a facility in which a single lot of horses is held at one time.
The quarantine area of a facility would be the area of a facility that
comprises all of the lot-holding areas in the facility and any other
areas that the horses have access to, including loading docks for
receiving and releasing horses. The quarantine area would also include
any areas in the facility that are used to conduct examinations of
horses and take samples or areas where samples are processed and
examined. The nonquarantine area of a facility would include the area
in a permanent, privately owned quarantine facility that includes
offices, storage areas, and other areas outside the quarantine area,
and that is off limits to horses, samples taken from horses that have
not yet been prepared or packaged for shipment to laboratories, and any
other objects or substances that have been in the quarantine area
during quarantine of horses.
Nonsubstantive Changes
The requirements for temporary facilities are currently located in
Sec. 93.308 (b) and (c). Although we are not proposing to make any
substantive changes to these requirements, we are proposing to make
some nonsubstantive changes to update the language. We are also
proposing to combine paragraphs (b) and (c), so that all of the
requirements pertaining to the establishment and operation of
[[Page 44099]]
temporary facilities are located in paragraph (b). We would place the
proposed regulations pertaining to permanent facilities in the newly
vacated Sec. 93.308(c). Those regulations are described below. In
addition, we are proposing to revise the heading for Sec. 93.309 to
indicate more clearly that the section pertains to payment information
for use of all quarantine facilities, including privately owned
temporary and permanent quarantine facilities, and quarantine
facilities owned by APHIS. The section heading currently reads ``Horse
quarantine facilities''; we believe a more helpful heading would be
``Horse quarantine facilities; payment information.'' Therefore, as
proposed, Sec. 93.308(a) would contain general information about
quarantine requirements for imported horses; Sec. 93.308(b) would
contain requirements for temporary facilities; Sec. 93.308(c) would
contain requirements for permanent facilities; and Sec. 93.309 would
contain information about payment for services provided at all
quarantine facilities.
Section 93.303 of the regulations pertains to ports designated for
the importation of horses. Paragraph (e) of that section pertains to
ports used by persons who quarantine horses at temporary facilities.
The paragraph heading in Sec. 93.303(e) currently reads ``Ports and
quarantine facilities provided by the importer for horses.'' We are
proposing to revise the paragraph heading because the owner of a
permanent facility would not necessarily be the importer of the horses
quarantined at the facility. The new paragraph heading for
Sec. 93.303(e) would read ``Ports for horses to be quarantined at
privately owned quarantine facilities.''
Section 93.304 contains permit requirements for horses imported
from certain regions. Paragraphs (a) and (a)(2) contain references to
quarantine facilities provided by importers of horses. Since, in all
cases, such facilities would be privately-owned facilities, we are
proposing to revise those paragraphs to make it clear that they refer
to privately-owned quarantine facilities. We are also proposing to
clarify that under paragraph (a)(2), applications for permits to import
horses from certain regions or horses intended for quarantine at
privately-owned quarantine facilities may be denied for the various
reasons described in that paragraph.
Proposed Requirements for Permanent Facilities
We are proposing to add to the regulations information about how to
apply for approval of a permanent facility and information concerning
denial and withdrawal of approval. Owners of any currently approved
quarantine facilities, whether temporary or permanent, who wish to
convert to, or be recognized as, a permanent facility would need to
meet the proposed requirements for permanent facilities described below
and apply for approval as a permanent facility. Such facilities would
need to be approved to operate by APHIS by the effective date of the
final rule for this action, if it is adopted, in order to continue
quarantine operations.
Approval of Permanent Facilities
Application Process
The proposed regulations explain how to apply for approval of a
permanent facility. Under the proposed regulations, interested persons
would be required to write to the Administrator, c/o National Center
for Import and Export, Veterinary Services, APHIS, 4700 River Road,
Unit 39, Riverdale, MD 20737-1231. The application letter would be
required to include:
The full name and mailing address of the applicant.
The location and street address of the facility for which
approval is sought.
Blueprints for the facility.
A description of the financial resources available for
construction, operation, and maintenance of the facility.
The anticipated source or origin of horses to be
quarantined as well as the expected size and frequency of shipments.
A contingency plan for the possible disposal of all the
horses capable of being housed in the facility.
If APHIS determines that a submitted application is complete and
merits further consideration, we would require that the person applying
for facility approval enter into a compliance agreement with APHIS
wherein the applicant agrees to pay the cost of all APHIS services \2\
associated with APHIS's evaluation of the application and facility.
This compliance agreement applies only to fees accrued during the
application process.\3\
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\2\ APHIS charges for evaluation services at hourly rates in 9
CFR 130.30.
\3\ If the facility is approved by APHIS, faciity owners must
enter into a new compliance agreement in accordance with
Sec. 93.308(c)(2) of the proposed regulations.
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Requests for approval would be required to be submitted to APHIS at
least 120 days prior to the date of application for local building
permits in order to ensure that APHIS has adequate time to evaluate the
plans for the facility, assess potential environmental effects, and
determine that adequate APHIS personnel are available to staff the
facility.
Requests for approval of a proposed facility would be evaluated on
a first-come, first-served basis.
Approval Requirements
The proposed regulations also list the basic criteria that a
permanent facility must meet to be approved by APHIS. Under the
regulations, a permanent facility would be required to meet all the
requirements in Sec. 93.308(c). The facility would also be required to
meet any additional requirements that may be imposed by the
Administrator to ensure that the quarantine is adequate to enable
determination of the horses' health status, as well as to prevent the
transmission of diseases into, within, and from the facility. These
additional requirements would be specified in the compliance agreement
required under Sec. 93.308(c)(2). Also, under the proposed regulations,
APHIS would need to find, based on an environmental analysis, that the
operation of the facility would not have significant environmental
effects.
We are proposing that, to be approved as a permanent facility, the
Administrator must determine that sufficient APHIS personnel (including
veterinarians and animal health technicians) are available to ensure
the biological security of the facility. Therefore, if a facility met
all of the other proposed requirements and APHIS personnel were
available, then APHIS would approve the facility and assign personnel
to it. Because the assignment of APHIS personnel would be handled on a
``first-come, first-served'' basis, the deployment of APHIS personnel
at one permanent facility might result in another facility not being
approved for lack of necessary APHIS personnel. The Administrator would
have sole discretion in determining the number of APHIS personnel to be
assigned to the facility.
The proposed regulations also include procedures for denying or
withdrawing approval of permanent facilities if any provision of the
regulations is not met. The regulations would also establish due
process procedures regarding a denial or withdrawal of approval and an
opportunity for a hearing when there is a dispute of material fact
regarding the denial or withdrawal. In addition, approval would be
withdrawn automatically by the Administrator when the owner notifies,
in writing, the veterinarian in charge for the State in
[[Page 44100]]
which the facility is located that the facility is no longer in
operation.
Under the proposed regulations, the approval of a permanent
facility may be denied or withdrawn if:
Any requirement of this section or the compliance
agreement is not complied with.
The operator fails to pay for APHIS services rendered.
The operator or a person responsibly connected with the
business of the permanent facility is or has been convicted of any
crime under any law regarding the importation or quarantine of any
animal.
The operator or a person responsibly connected with the
business of the permanent facility is or has been convicted of any
crime involving fraud, bribery, or extortion or any other crime
involving a lack of integrity needed for the conduct of operations
affecting the importation of animals.
The approved permanent facility has not been in use to
quarantine horses for a period of at least 1 year.
The proposed regulations would provide that a person is responsibly
connected with the business of the permanent facility if the person has
an ownership, mortgage, or lease interest in the facility's physical
plant, or if such person is a partner, officer, director, holder or
owner of 10 percent or more of its voting stock, or an employee in a
managerial or executive capacity for the operation of the permanent
facility.
Compliance Agreement
We are proposing to prohibit any facility from operating as a
permanent facility unless the facility is operated in accordance with a
compliance agreement executed by the owner and by the APHIS
Administrator that must be renewed on an annual basis. The compliance
agreement would provide that the facility is required to meet all
applicable requirements of Sec. 93.308 of the regulations and that the
facility's quarantine operations are subject to the strict oversight of
APHIS representatives. The compliance agreement would also state that
the operator of the facility agrees to be responsible for all the costs
associated with operating a permanent facility, including:
All costs associated with its maintenance and operation;
All costs associated with the hiring of employees and
other personnel to attend to the horses as well as to maintain and
operate the facility;
All costs associated with the care of quarantined horses,
such as feed, bedding, medicines, inspections, testing, laboratory
procedures, and necropsy examinations; and
All APHIS charges for the services of APHIS
representatives in accordance with 9 CFR part 130.
The compliance agreement would also state that the operator agrees
to bar from the facility any employee or other personnel at the
facility who fail to comply with the proposed regulations in
Sec. 93.308 (c), other regulations of 9 CFR part 93, any terms of the
compliance agreement, or related instructions from APHIS
representatives.
Physical Plant Requirements
The proposed requirements for the physical plant of permanent
facilities are designed to ensure that permanent facilities are capable
of operating in accordance with the regulations to prevent the spread
of diseases to horses in different lots within a permanent facility or
outside a permanent facility.
Location
To minimize the risk of disease introduction from imported horses
moving from the port of entry to the permanent facility, we are
proposing to require that the facility be located in proximity to a
port authorized under Sec. 93.303(e) such that the Administrator is
able to determine that the movement of horses from the port to the
permanent facility poses no significant risk of transmitting
communicable diseases of animals to the domestic animal population.
While requiring that a permanent facility be within proximity of the
port, we decided for several reasons not to require that the port and
the facility be located within a certain distance of one another. Some
ports will be in large metropolitan areas with the nearest
concentration of livestock many miles away. Other ports may be in towns
with rural areas and concentrations of livestock within a very short
distance of the port. Considering the diversity of places in which
persons may consider locating permanent facilities, it would be
difficult to stipulate a maximum distance from the port of entry.
We are further proposing to require that the facility be located at
least one-half mile from any premises holding livestock or horses. We
believe that this distance would be sufficient to prevent the aerosol
transmission of various infectious diseases of horses and other
livestock.
The specific routes for the movement of horses from the port to the
permanent facility would have to be approved by the Administrator. In
evaluating the suitability of a particular site for a permanent
facility, the Administrator would consider whether the movement of
horses from the port of entry to the proposed facility would pose any
significant risk for transmitting communicable livestock diseases.
Construction
We are proposing to require that the facility be of sound
construction, in good repair, and properly designed to prevent the
escape of horses from quarantine. The facility would be required to
have the capacity to receive and house a shipment of horses as a lot on
an ``all-in, all-out'' basis.
In order to ensure the integrity of quarantine operations, we are
proposing to require that the facility be enclosed by a security fence
that can reasonably be expected to prevent unauthorized persons,
horses, and other animals from outside the facility from having contact
with horses quarantined in the facility.
We would also require that all entryways into the nonquarantine
area of the facility be equipped with a secure and lockable door.
Further, while horses are in quarantine, all access to the quarantine
area for horses would need to be from within the building, and each
such entryway to the quarantine area would be required to be equipped
with a series of solid self-closing double doors. Further, entryways to
each lot-holding area would have to be equipped with a solid lockable
door. Emergency exits would be permitted in the quarantine area but
such exits would be required to be constructed so as to permit their
opening only from the inside of the facility in order to ensure the
security of the horses in quarantine and the integrity of quarantine
operations.
We propose to require that the facility be constructed so that any
windows or other openings in the quarantine area are double-screened
with screening of sufficient gauge and mesh to prevent the entry or
exit of insects and other vectors of diseases of horses. The screens
would need to be easily removable for cleaning, but otherwise secure
enough to ensure the biological security of the facility.
The facility would need to have adequate lighting throughout,
including in stalls and hallways, for the purpose of examining horses
and conducting necropsies.
The facility would need to have two separate loading docks: One
that is part of the quarantine area and that is used for receiving and
releasing horses, and one that is part of the nonquarantine area and
that is used for general receiving and pickup.
[[Page 44101]]
We would also require that the facility be constructed so that the
floor surfaces with which horses have contact are nonslip and wear-
resistant. All floor surfaces with which the horses, their excrement,
or discharges have contact would have to provide for adequate drainage,
and drains would be required to be at least 8 inches in diameter. All
floor and wall surfaces with which the horses, their excrement, or
discharges have contact would have to be impervious to moisture and be
able to withstand frequent cleaning and disinfection without
deterioration. Other ceiling and wall surfaces with which the horses,
their excrement, or discharges do not have contact would have to be
able to withstand cleaning and disinfection between shipments of
horses. The cleaning and disinfection of all of these surfaces would
help ensure that disease agents would not be spread from one lot of
horses to another. We would further require that surfaces with which
the horses could have contact must not have any sharp edges that could
cause injury to the horses.
The facility would need to be constructed so that different lots of
horses held at the facility at the same time would be separated by
physical barriers in such a manner that horses in one lot could not
have physical contact with horses in another lot or with the excrement
or discharges of horses in another lot. In addition, we would require
that permanent facilities include stalls capable of isolating any
horses exhibiting signs of illness. These provisions would help ensure
that horses infected with or exposed to disease do not spread the
disease or expose other horses in the facility to the disease.
To prevent dissemination of disease via persons at the facility, we
are proposing to require that the facility contain showers for use
before entering and after exiting the areas where the horses are
maintained. Our requirements concerning showers would depend on the
configuration of the quarantine area. In those facilities where it is
possible to move from the nonquarantine area into any lot-holding area
without passing through another lot-holding area, we would require that
a shower be located at the entrance to the quarantine area. In those
facilities where it is not possible to move to certain lot-holding
area(s) except by passing through another lot-holding area, we would
require that a shower be located at the entrance to each lot-holding
area. A shower would also be needed at the entrance to the necropsy
area (see description of necropsy area below). We would also require
that a clothes-storage and clothes-changing area be provided at each
end of each shower area, and that there be one or more receptacles near
each shower so that clothing that has been worn into a lot-holding area
or elsewhere in the quarantine area can be deposited in the
receptacle(s) prior to entering the shower.
Because of the need for APHIS representatives assigned to a
permanent facility to examine horses and draw samples for testing, we
would require that permanent facilities contain adequate space for
these purposes, and that the space include equipment to provide for the
safe inspection of horses (i.e., restraining stocks). The facility
would need to include adequate storage space for the necessary
equipment and supplies, work space for preparing and packaging samples
for mailing, and storage space for duplicate samples. Moreover, we
would require that adequate storage space for supplies and equipment be
provided for each lot of horses. A separate storage space for each lot
of horses would help ensure that equipment used on a horse in one lot
would not come into contact with horses from another lot or with
equipment used on those other horses. Such contact could spread disease
between lots of horses. We would further require that the facility
include a secure, lockable office space with enough room to contain a
desk, chair, and filing cabinet for APHIS use.
We would require that the facility contain a necropsy area and that
a shower be located at the entrance to the necropsy area. The necropsy
area would have to provide sufficient space and light to conduct an
adequate necropsy of a horse and would have to be equipped with hot and
cold running water, a drain, a cabinet for storing instruments, a
refrigerator-freezer for storing laboratory specimens, and an autoclave
to sterilize veterinary equipment. Providing for necropsies within the
facility would reduce the risk of disease spread to horses outside the
facility because no carcasses of potentially diseased horses would need
to be transported outside the facility prior to performance of a
necropsy. The necropsy area would be necessary to perform post mortem
inspection of horses that die in the permanent facility and to collect
samples for laboratory diagnosis. These actions would be needed to
determine if the death of a horse was associated with a disease, or if
the death was caused by other factors, such as colic or physical
injury.
We are also proposing to require that the facility have sufficient
storage space for equipment and supplies used in quarantine operations.
Storage space would be required to include separate, secure storage for
pesticides and for medical and other biological supplies, as well as a
separate feed storage area, that is vermin-proof, for feed and bedding,
if feed and bedding are to be stored at the facility. If the facility
has multiple lot-holding areas, we would require that the facility also
have separate storage space for supplies and equipment for each lot-
holding area.
We are proposing that the facility have an area for washing and
drying clothes, linens, and towels and an area for cleaning and
disinfecting equipment used in the facility. The facility must also
include a work area for the repair of equipment. These areas are
essential to ensure the continuity of quarantine operations.
The facility would need to have permanent restrooms in both the
quarantine and nonquarantine areas of the facility in order to
eliminate the need for persons to leave or enter the quarantine area
simply to use a restroom. Leaving the quarantine area would necessitate
the person showering prior to entering the nonquarantine area, and then
again upon reentering the quarantine area.
The facility would also need to have an area within the quarantine
area for breaks and meals in order to eliminate the need for workers to
leave the quarantine area for breaks.
We would also require that the facility be constructed with a
heating, ventilating, and air conditioning (HVAC) system capable of
controlling and maintaining the ambient temperature, air quality,
moisture, and odor at levels that are not injurious or harmful to the
health of horses in quarantine. We would prohibit air supplied to lot-
holding areas from being recirculated or reused for other ventilation
needs. Further, HVAC systems for lot-holding areas would be required to
be separate from air handling systems for other operational and
administrative areas of the facility in order to ensure that air from
the quarantine areas is not diverted into nonquarantine areas of the
facility. In addition, if the facility is approved to handle more than
one lot of horses at a time, each lot-holding area would be required to
have its own separate HVAC system that must be designed to prevent
cross contamination between the separate lot-holding areas.
The facility, including the lot-holding areas, would have to be
equipped with a fire alarm voice communication system so that personnel
working in those areas can be readily warned of any potential emergency
and vice versa.
[[Page 44102]]
The facility would also need to have a television monitoring system
or other arrangement sufficient to provide a full view of the
quarantine area or areas, excluding the clothes changing area.
The facility would also need to have a communication system between
the nonquarantine and quarantine areas of the facility. Such a system
would allow persons working in the quarantine area to communicate with
persons working in the nonquarantine area and vice versa without moving
from one area to the other, and therefore, without showering in or out.
Sanitation
To ensure that proper animal health and biological security
measures are observed, we would require that permanent facilities have
the equipment and supplies necessary to maintain the facility in clean
and sanitary condition, including pest control equipment and supplies
and cleaning and disinfecting equipment with adequate capacity to
disinfect the facility and equipment. Facilities would need to maintain
separate equipment and supplies for each lot of horses.
We would require facilities to maintain a supply of potable water
adequate to meet all watering and cleaning needs at the facility. We
would also require that water faucets for hoses be located throughout
the facility to ensure that personnel would not need to drag hoses
across areas that have already been cleaned and disinfected. We would
also require that an emergency supply of water for horses in quarantine
be maintained at the facility.
Facilities would also need to maintain a stock of disinfectant
authorized in Sec. 71.10(a)(5) of the regulations, or otherwise
approved by the Administrator, and that is sufficient to disinfect the
entire facility.
We would also require permanent facilities to have the capability
to dispose of wastes, including manure, urine, and used bedding, by
means of burial, incineration, or public sewer. Facilities would need
to handle other waste material in a manner that minimizes spoilage and
the attraction of pests and would need to dispose of the waste material
by incineration, public sewer, or other preapproved manner that
prevents the spread of disease. Disposal of wastes would need to be
carried out under the direct oversight of APHIS representatives.
We would further require permanent facilities to have the
capability to dispose of horse carcasses in a manner approved by the
Administrator and under conditions that minimize the risk of disease
spread from carcasses. This requirement is necessary to ensure that
facilities can destroy any disease agents that might be present in a
horse carcass.
Further, we would require that incineration that is carried out at
the facility be done in incinerators that are detached from other
facility structures and that are capable of burning animal waste and
refuse as required. We would require the incineration site to include
an area sufficient for solid waste holding. Incineration could also
take place at a local site away from the facility premises.
Furthermore, we would require all incineration activities to be carried
out under the direct oversight of APHIS representatives.
We would require the facility to have the capability to control
surface drainage and effluent into, within, and from the facility in a
manner that prevents the spread of disease into, within, or from the
facility. If the facility is approved to handle more than one lot of
horses at the same time, we would require that the facility have
separate drainage systems for each lot-holding area in order to prevent
cross contamination.
Security
We would require that the facility and premises be kept locked and
secure at all times to ensure the integrity of quarantine operations.
We would also require the facility and premises to have signs
indicating that the facility is a quarantine area and no visitors are
allowed.
The facility and premises would also need to be guarded at all
times by one or more representatives of a bonded security company or,
alternatively, would need to have an electronic security system that
would indicate the entry of unauthorized persons into the facility. We
would require that such an electronic security system be coordinated
either through or with the local police so that the quarantine facility
is monitored whenever APHIS representatives are not at the facility. We
would also require that such an electronic security system be of the
``silent type'' triggered to ring at the monitoring site and not at the
facility. The electronic security system would need to be approved by
Underwriter's Laboratories. We would also require that the operator
provide written instructions to the monitoring agency stating that the
police and a representative of APHIS designated by APHIS must be
notified by the monitoring agency if the alarm is triggered. The
operator would be required to submit a copy of those instructions to
the Administrator. The operator of the facility would be required to
notify the designated APHIS representative whenever a breach of
security occurs or is suspected of occurring. Further, in the event
that disease is diagnosed in quarantined horses, the Administrator
could require that the operator have the facility guarded by a bonded
security company in a manner that the Administrator deems necessary to
ensure the biological security of the facility.
We would require that the operator of the facility furnish a
telephone number or numbers to APHIS at which the operator or his or
her agent can be reached at all times while horses are in quarantine.
We would also provide that APHIS may place APHIS seals on any or
all entrances and exits of the facility when determined necessary by
APHIS and take all necessary steps to ensure that such seals are broken
only in the presence of an APHIS representative. In the event that
someone other than an APHIS representative breaks such seals, we would
consider the act a breach in security and APHIS representatives would
make an immediate accounting of all horses in the facility. If we
determine that a breach in security has occurred, we may extend the
quarantine period for horses as long as necessary to ensure that the
horses are free of communicable diseases.
Operating Procedures
APHIS Oversight
The quarantine of horses at the facility would be subject to the
strict oversight of APHIS representatives, who could include one or
more veterinarians and other professional, technical, and support
personnel employed by APHIS and authorized to perform the services
required by the regulations and the compliance agreement. Unlike
temporary facilities, which are inspected on a regular basis by an
APHIS veterinarian, a permanent facility would have at least one APHIS
representative overseeing the care of all horses in quarantine during
normal working hours. Depending on the size of the facility and the
number of horses present, additional APHIS veterinarians and animal
health technicians could be necessary to ensure adequate oversight of
the horses in quarantine. The deployment of APHIS representatives to
oversee and provide other professional, technical, and support services
at a quarantine facility would be determined solely by the
Administrator.
If for any reason, the operator fails to properly care for, feed,
or handle the quarantined horses as required under the regulations, or
fails to maintain and
[[Page 44103]]
operate the facility as provided in this section, APHIS representatives
would be authorized by the compliance agreement to furnish such
neglected services or make arrangements for the sale or disposal of
quarantined horses at the quarantine facility owner's expense.
Personnel
We propose to require the operator of the facility to provide
adequate personnel to maintain the facility and care for the horses in
quarantine, including attendants to care for and feed the horses, and
other personnel to maintain, operate, and administer the facility.
We are also proposing to require that the operator provide APHIS
with a list of employees and other personnel assigned to work at the
facility. The list would need to include the names, current residential
addresses, and identification numbers of employees and other personnel,
and would need to be updated with any changes or additions in advance
of such employee or other personnel working at the quarantine facility.
These requirements are necessary to ensure that APHIS has knowledge of,
and can identify, all persons working at the facility.
In conjunction with the above requirements, we would require the
operator to provide APHIS with signed statements from each employee and
other personnel hired by the operator and working at the facility in
which the person agrees to comply with Sec. 93.308(c) of the
regulations, other applicable provisions of 9 CFR part 93, all terms of
the compliance agreement, and any related instructions from APHIS
representatives pertaining to quarantine operations, including contact
with animals both inside and outside the facility.
Authorized Access
We are also proposing to grant access to the quarantine facility
premises as well as inside the quarantine facility only to APHIS
representatives and authorized employees and other personnel of the
operator assigned to work at the facility. All other persons would be
prohibited from the premises unless specifically granted access by the
overseeing APHIS representative. Any visitors granted access would be
required to be accompanied at all times by an APHIS representative
while on the premises or in the quarantine area of the facility.
Sanitary Requirements
Under the proposed regulations, all facility employees and other
personnel, as well as any other person granted access to the quarantine
area, must:
Shower when entering and leaving the quarantine area;
Shower before entering a lot-holding area, if previously
exposed from access to another lot-holding area;
Shower when leaving the necropsy area if a necropsy is in
the process of being performed or has just been completed, or if all or
portions of the examined animal remain exposed;
Wear clean protective work clothing and footwear upon
entering the quarantine area;
Wear disposable gloves when handling sick horses, and then
wash hands after removing gloves;
Change protective clothing, footwear, and gloves when they
become soiled or contaminated;
Not have contact with any horses in the facility other
than the lot or lots of horses to which the person is assigned or is
granted access; and
Not have had contact with any horses outside the
quarantine facility for at least 7 days after the last contact with the
horses in quarantine, or for a period of time determined by the
overseeing APHIS representative as necessary to prevent the
transmission of communicable diseases of horses.
The above requirements are necessary to ensure the integrity of
quarantine operations at facilities.
Further, the operator would be responsible for providing a
sufficient supply of clothing and footwear to ensure that workers and
others provided access to the quarantine area at the facility have
clean, protective clothing and footwear at the start of the workday and
when they move from one lot of horses to another lot of horses.
The operator or the operator's designated representative would also
be responsible for the proper handling, washing, and disposal of soiled
and contaminated clothing worn within the quarantine facility in a
manner approved by the overseeing APHIS representative as adequate to
preclude transmission of any animal disease agent from the facility. At
the end of each workday, work clothing worn into each lot-holding area
would need to be collected and kept in a bag until the clothing is
washed. Used footwear would either be left in the clothes changing area
or cleaned with hot water (148 deg.F minimum) and detergent and
disinfected as directed by an APHIS representative.
We would require that all equipment (including tractors) be cleaned
and disinfected prior to being used in a quarantine area of the
facility with a disinfectant authorized in Sec. 71.10(a)(5) of the
regulations or otherwise approved by the Administrator. The equipment
would have to remain dedicated to the facility for the entire
quarantine period in order to preclude the spread of disease agents
outside the facility. Any equipment used with quarantined horses (e.g.,
halters, floats) would have to remain dedicated to that particular lot
of quarantined horses for the duration of the quarantine period or be
cleaned and disinfected before coming in contact with horses from
another lot to ensure that no cross contamination occurs. Prior to its
use on another lot of horses or its removal from the quarantine
premises, any equipment would have to be cleaned and disinfected to the
satisfaction of an APHIS representative.
The proposed regulations would also require that any vehicle, upon
entering or leaving the quarantine area of the facility, be immediately
cleaned and disinfected under the oversight of an APHIS representative
with a disinfectant authorized in Sec. 71.10(a)(5) of the regulations.
Further, we would require that the area of the facility in which a
lot of horses has been held must be thoroughly cleaned and disinfected
under the oversight of an APHIS representative upon release of the
horses, with a disinfectant authorized in Sec. 71.10(a)(5) before a new
lot of horses is placed in that area of the facility. This requirement
is necessary to ensure that horses entering quarantine are not exposed
to disease agents present in the previous lot of horses.
Handling of the Horses in Quarantine
Under the proposed regulations, horses that are quarantined in
private facilities would have to undergo the appropriate quarantine
specified in Sec. 93.308(a) and would be subject to any other
applicable regulations in title 9 of the Code of Federal Regulations.
For the purposes of quarantine operations, private facilities would
operate no differently than Federal horse quarantine facilities.
Each lot of horses to be quarantined would be required to be placed
in the facility on an ``all-in, all-out'' basis. Under this
requirement, no horse could be taken out of the lot while it is in
quarantine, except for diagnostic purposes, and no horse could be added
to the lot while the lot is in quarantine.
The regulations would require that the facility provide sufficient
feed and bedding that is free of vermin and that is not spoiled for the
horses in quarantine. Feed and bedding would be required to originate
from an area that
[[Page 44104]]
is not listed in 9 CFR 72.2 as an area quarantined for splenetic or
tick fever.
We would prohibit the breeding of horses or the collection of
germplasm from horses during the quarantine period unless necessary for
a required import testing procedure. This prohibition is necessary
because horses under quarantine will not have passed all entry tests or
requirements and could be diseased and refused entry. Breeding and
collection of germplasm should only take place after horses have
fulfilled all entry requirements.
We propose to require that horses in quarantine be subjected to
such tests and procedures as directed by the overseeing APHIS
representative to determine whether they are free from communicable
diseases of horses. We would allow horses in quarantine to be
vaccinated only with vaccines that have been approved by APHIS and that
are administered by an APHIS veterinarian or an accredited veterinarian
under the direct oversight of an APHIS representative. APHIS will only
approve use of vaccines that are licensed by APHIS in accordance with
Sec. 102.5 of this chapter.\4\
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\4\ A list of approved vaccines is available from Natioanl
Center for Import and Export, Veterinary Services, APHIS, 4700 River
Road Unit, Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------
We would require that any death or suspected illness of horses in
quarantine be reported immediately to the overseeing APHIS
representative so that appropriate measures are taken to ensure the
health of the other horses in quarantine. The affected horses would be
required to be disposed of as the Administrator may direct or,
depending on the nature of the disease, would be required to be cared
for as directed by the overseeing APHIS representative.
The regulations would provide that quarantined horses requiring
specialized medical attention or additional postmortem testing may be
transported off the quarantine site, if authorized by the overseeing
APHIS representative. In such situations, a second quarantine site
would have to be established to house the horses at the facility of
destination (e.g., veterinary college hospital) and the overseeing
APHIS representative could extend the quarantine period until the
results of any outstanding tests or postmortems are received.
Further, if we determine that a lot of horses is infected with or
exposed to a communicable disease of horses, we would require that
arrangements for the final disposition of the infected or exposed lot
be accomplished within 10 work days following disease confirmation. We
would require the horses to be disposed of under the direct oversight
of APHIS representatives. We would require the operator to have a
preapproved contingency plan for the possible disposal of all horses
housed in the facility prior to issuance of an import permit. This
requirement is essential to ensure that diseased horses can be disposed
of without posing a risk of disseminating diseases outside the
quarantine facility.
Records
It would be the facility operator's responsibility to maintain a
current daily log to record the entry and exit of all persons entering
and leaving the quarantine facility. We would require the operator or
the operator's designated representative to hold the log, along with
any logs kept by APHIS and deposited with the operator, for at least 2
years following the date of release of the horses from quarantine and
to make such logs available to APHIS representatives upon request.
Environmental Requirements
We propose to provide that, if APHIS determines that a privately
operated quarantine facility does not meet all applicable local, State,
and Federal environmental regulations, APHIS reserves the right to deny
or suspend approval of the facility until appropriate remedial measures
have been applied. This requirement is necessary to ensure that APHIS-
approved facilities meet all applicable waste disposal and other
environmental quality standards.
Variances
The Administrator may grant variances to the proposed requirements
relating to location, construction, and other design features of the
physical facility as well as sanitation, security, operating
procedures, recordkeeping, and other provisions of the regulations, but
only if the Administrator determines that the variance causes no
detrimental impact to the overall biological security of the quarantine
operation. The operator of a permanent facility would have to submit a
request for a variance to the Administrator in writing at least 30 days
in advance of the arrival of horses to the facility. Any variance would
also have to be expressly provided for in the compliance agreement.
In conjunction with these changes, we would also make editorial
changes to Sec. 93.310 of the regulations to update the regulations and
make them easier to understand.
We believe that these proposed regulations would ensure that
permanent facilities could operate without posing a risk of foreign
disease introduction and allow U.S. horse importers another option for
quarantining imported horses. We welcome public comment on the proposed
regulations.
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.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this proposed rule on small entities. Based on the
information we have, there is no basis to conclude that this rule will
result in any significant economic effect on a substantial number of
small entities. However, we do not currently have all of 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.
This proposed rule would allow the establishment and operation,
under strict APHIS oversight, of permanent, privately owned quarantine
facilities for horses imported into the United States. Currently, APHIS
allows the establishment of privately owned quarantine facilities for
horses on a temporary basis. Such temporary facilities are used to
quarantine horses imported for a particular event or purpose. APHIS has
also authorized the operation of one permanent, privately owned and
operated animal quarantine facility in Los Angeles County, CA.
In accordance with 21 U.S.C. 111, the Secretary is authorized to
promulgate regulations and take such measures as he may deem proper to
prevent the introduction or dissemination of the contagion of any
contagious, infectious, or communicable disease of animals from a
foreign country into the United States.
The horse industry in the United States accounts for approximately
$25.3 billion of the U.S. gross national product. Of this amount, 98
percent comes from 22 States; in 7 of these States (California,
Florida, Kentucky, New York, Pennsylvania, Texas, and Virginia), the
horse industry grosses more than $500 million annually. In 2000,
economic activities related to horses generated approximately $1.9
billion in tax revenues, most of which
[[Page 44105]]
were generated in States where parimutuel betting was allowed.
Trade in live horses between the United States and other countries
has increased considerably over the last several years. Even though the
United States is a net exporter of live horses, imports of live horses
have increased dramatically. Specifically, from 1992 to 1999, U.S.
imports of live horses increased by 345 percent in terms of value (from
$76.2 million to $339.2 million) and by 80 percent in number (from
16,962 horses to 30,396 horses).
The increased demand for importing horses in the United States has
resulted in an increased demand for import quarantine services. The
demand for these services exceeds what can be provided at current
Federal facilities. As can be seen from the data above, horses play an
important role in the international trade of the United States.
Effects on Small Entities
We have identified two types of entities that could be affected by
implementation of this rule; an existing permanent, privately owned
quarantine facility and horse importers or farmers.
Quarantine Facilities
According to Small Business Administration (SBA) criteria, the
existing permanent, privately owned quarantine facility that operates
in Los Angeles County, CA, is considered a small entity.
If this proposed rule is implemented, that quarantine facility may
need to upgrade its facilities to be in compliance with the proposed
requirements. If and when the facility is approved for operation under
the proposed regulations, the cost of any needed renovations to the
facility, as well as the costs associated with being in compliance with
the proposed regulations, would likely be passed on to importers of
horses who elect to use the facility to quarantine imported horses.
However, given the increased demand for quarantine services in the
United States, the small number of Federal horse quarantine facilities
currently in operation, and the fact that there are no other permanent,
privately owned quarantine facilities operating at this time, it is not
likely that this action would have a significant effect on the facility
in the long run. Nevertheless, at this time, we are unable to determine
the effect that implementation of this rule would have on the
facility's business volume and revenue.
Importers of Horses and Horse Farms
According to SBA criteria, a farm that keeps horses for breeding
and has annual revenues less than $500,000 is considered a small
entity. According to the 1997 Census of Agriculture, more than 98
percent of these farms had an annual revenue of less than $500,000,
placing them in the SBA's category of a small entity.
The establishment of permanent, privately owned quarantine
facilities for horses would clearly benefit the horse industry if the
volume and worth of live horse imports continues to increase. These
facilities would save time and money for U.S. importers of horses and
may also have positive economic effects for horse transporters and for
horse owners who use imported horses. While it is not possible for us
to predict the amount of the expected positive financial effects on
horse importers, savings to U.S. importers could come from a reduction
in time spent waiting for available space in Federal quarantine
facilities.
The additional number of horses that might be imported into the
United States as a result of this proposed rule is not known. However,
because the proposed rule is expected to result in the opening of only
one or two additional quarantine facilities in the next several years,
the effect upon the price of an imported horse is likely to be small
but positive (in terms of a lower price to the buyer).
This proposed rule contains information collection requirements,
which have been submitted for approval to the Office of Management and
Budget (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment has not been prepared for this proposed
rule. Because the environmental impacts that could result from
implementation of this proposal would vary according to the location
and design of the facility being approved, APHIS has determined site-
specific environmental assessments must be conducted for each
permanent, privately owned horse quarantine facility prior to approval
of the facility. APHIS will publish a notice in the Federal Register
for each environmental assessment we conduct in this regard if this
proposed rule is finalized, and we would invite public comment on each
site-specific environmental assessment.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comment refers to Docket No. 99-012-1.
Please send a copy of your comment to: (1) Docket No. 99-012-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OCIO, USDA, room 404-W, 14th Street and Independence Avenue, SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
Because recent demand for quarantine services for horses has
exceeded the space available at existing facilities, we are proposing
to allow the establishment of permanent, privately owned horse
quarantine facilities if they meet requirements proposed in this
document. Accomplishing this will necessitate the use of several
information collection activities, including an application for
facility approval, a compliance agreement explaining the conditions
under which the facility must be operated, and a certification that the
facility meets all applicable environmental regulations.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
[[Page 44106]]
(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 .78571 hours per response.
Respondents: Owners of approved permanent, privately owned horse
quarantine facilities and applicants for approval.
Estimated annual number of respondents: 3.
Estimated annual number of responses per respondent: 4.666.
Estimated annual number of responses: 14.
Estimated total annual burden on respondents: 11 hours.
Copies of this information collection can be obtained from: Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 93 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
1. The authority citation for part 93 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, 136, and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
Subart C--[Amended]
2. In part 93, subpart C, footnotes 16, 17, 18, and 19 and their
references would be redesignated as footnotes 18, 19, 20, and 21,
respectively.
3. Section 93.300 would be amended by revising the definition for
``operator'' and by adding, in alphabetical order, new definitions to
read as follows:
Sec. 93.300 Definitions.
* * * * *
Lot. A group of horses that, while held on a premises or
conveyance, have had opportunity for physical contact with other horses
in the group or with their excrement or discharges at any time during
their shipment to the United States.
Lot-holding area. That area in a permanent, privately owned
quarantine facility in which a single lot of horses is held at one
time.
Nonquarantine area. That area in a permanent, privately owned
quarantine facility that includes offices, storage areas, and other
areas outside the quarantine area, and that is off limits to horses,
samples taken from horses, and any other objects or substances that
have been in the quarantine area during quarantine of horses.
Operator. A person other than the Federal Government who owns or
operates a temporary, privately owned quarantine facility or a
permanent, privately owned quarantine facility.
Quarantine area. That area in a permanent, privately owned
quarantine facility that comprises all of the lot-holding areas in the
facility and any other areas in the facility that horses have access
to, including loading docks for receiving and releasing horses, and any
areas used to conduct examinations of horses and take samples and any
areas where samples are processed or examined.
Permanent, privately owned quarantine facility. A facility that
offers quarantine services for horses to the general public on a
continuing basis and that is owned by an entity other than the Federal
Government (also permanent facility).
* * * * *
Temporary, privately owned quarantine facility. A facility that
offers quarantine services for horses imported for a special event and
that is owned by an entity other than the Federal Government (also
temporary facility).
* * * * *
4. In Sec. 93.303, paragraph (e), the paragraph heading would be
revised to read as follows:
Sec. 93.303 Ports designated for the importation of horses.
* * * * *
(e) Ports for horses to be quarantined at privately owned
quarantine facilities. * * *
* * * * *
Sec. 93.304 [Amended]
5. In Sec. 93.304, paragraph (a), the introductory text, the words
``quarantine facility provided by the importer'' would be removed, and
the words ``privately-owned quarantine facility'' would be added in
their place.
6. In Sec. 93.304, paragraph (a)(2), the words ``regulations,
horses intended for quarantine at a quarantine facility provided by the
importer,'' would be removed, and the words ``regulations or horses
intended for quarantine at a privately-owned quarantine facility''
would be added in their place.
7. In Sec. 93.308, paragraphs (b) and (c) would be revised to read
as follows:
Sec. 93.308 Quarantine requirements.
* * * * *
(b) Temporary, privately owned quarantine facilities. Horses
presented for entry into the United States as provided in
Sec. 93.303(e) of this part may be quarantined in temporary, privately
owned quarantine facilities that meet the requirements of paragraphs
(b)(1) and (2) of this section and that have been approved by the
Administrator for a specific importation.
(1) Approval. Requests for approval and plans for proposed
temporary facilities must be submitted no less than 15 days before the
proposed date of entry of horses into the facility to APHIS, Veterinary
Services, National Center for Import and Export, 4700 River Road, Unit
39, Riverdale, MD 20737-1231. Before facility approval can be granted,
a veterinary medical officer of APHIS must inspect the facility to
determine whether it complies with the standards set forth in this
section: Provided, however, that approval of any temporary facility and
use of such facility will be contingent upon a determination made by
the Administrator that adequate personnel are available to provide
required services at the facility. Approval of any facility may be
refused and approval of any quarantine facility may be withdrawn at any
time by the Administrator, upon his or her determination that any
requirements of this section are not being met. Before such action is
taken, the operator of the facility will be informed of the reasons for
the proposed action by the Administrator and afforded an opportunity to
present his or her views. If there is a conflict as to any material
fact, a hearing will be held to resolve the conflict. The cost of the
facility and all maintenance and operational costs of the facility will
be borne by the operator.
(2) Standards and handling procedures. The facility must be
maintained and operated in accordance with the following standards:
(i) Inspection. Inspection and quarantine services will be arranged
by the operator or his or her agent with the APHIS veterinarian in
charge for the State in which the approved facility is located \15\ no
less than 7 days before the
[[Page 44107]]
proposed date of entry of the horses into the quarantine facility.
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\15\ The name and address of the veterinarian in charge in any
State is available from APHIS, Veterinary Services, National Center
for Import and Export, 4700 River Road, Unit 39, Riverdale, MD
20737-1231.
---------------------------------------------------------------------------
(ii) Physical plant requirements.
(A) The facility must be located and constructed to prevent horses
from having physical contact with animals outside the facility.
(B) The facility must be constructed only with materials that can
withstand repeated cleaning and disinfection. (All walls, floors, and
ceilings must be constructed of solid material that is impervious to
moisture.) Doors, windows, and other openings of the facility must be
provided with double screens that will prevent insects from entering
the facility.
(iii) Sanitation and security. (A) The operator must arrange for a
supply of water adequate to clean and disinfect the facility.
(B) All feed and bedding must originate from an area not under
quarantine because of splenetic or tick fever (see part 72 of this
chapter) and must be stored within the facility.
(C) Upon the death or destruction of any horse, the operator must
arrange for the disposal of the horse's carcass by incineration.
Disposal of all other waste removed from the facility during the time
the horses are in quarantine or from horses that are refused entry into
the United States must be either by incineration or in a public sewer
system that meets all applicable environmental quality control
standards. Following completion of the quarantine period and the
release of the horses into the United States, all waste may be removed
from the quarantine facility without further restriction.
(D) The facility will be maintained and operated in accordance with
any additional requirements the Administrator deems appropriate to
prevent the dissemination of any communicable disease.
(E) The facility must comply with all applicable local, State, and
Federal requirements for environmental quality.
(iv) Personnel. (A) Access to the facility will be granted only to
persons working at the facility or to persons specifically granted such
access by an APHIS representative.
(B) The operator must provide attendants for the care and feeding
of horses while in the quarantine facility.
(C) Persons working in the quarantine facility may not come in
contact with any horses outside the quarantine facility during the
quarantine period for any horses in the facility.
(v) Handling of horses in quarantine. Horses offered for
importation into the United States that are quarantined in an approved
temporary facility must be handled in accordance with paragraph (a) of
this section while in quarantine.
(c) Permanent, privately owned quarantine facilities. Horses
presented for entry into the United States as provided in
Sec. 93.303(e) of this part may be quarantined in permanent, privately
owned quarantine facilities approved by the Administrator as meeting
the requirements of paragraphs (c)(1) through (7) of this section.
(1) APHIS approval.
(i) Approval procedures. Persons seeking APHIS approval of a
permanent, privately-owned quarantine facility must write to the
Administrator, c/o National Center for Import and Export, Veterinary
Services, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231.
The application letter must include the full name and mailing address
of the applicant; the location and street address of the facility for
which approval is sought; blueprints of the facility; a description of
the financial resources available for construction, operation, and
maintenance of the facility; the anticipated source or origin of horses
to be quarantined, as well as the expected size and frequency of
shipments; and a contingency plan for the possible disposal of all the
horses capable of being housed in the facility.
(A) If APHIS determines that an application is complete and merits
further consideration, the person applying for facility approval must
enter into a compliance agreement with APHIS wherein the applicant
agrees to pay the cost of all APHIS services associated with APHIS's
evaluation of the application and facility. APHIS charges for
evaluation services at hourly rates listed in Sec. 130.30 of this
title. This compliance agreement applies only to fees accrued during
the application process. If the facility is approved by APHIS, facility
owners must enter into a new compliance agreement in accordance with
paragraph (c)(2) of this section.
(B) Requests for approval must be submitted to APHIS at least 120
days prior to the date of application for local building permits.
Requests for approval will be evaluated on a first-come, first-served
basis.
(ii) Criteria for approval. Before a facility may operate as a
permanent, privately owned quarantine facility for horses, it must be
approved by APHIS. To be approved:
(A) APHIS must find, based on an environmental analysis, that the
operation of the facility will not have significant environmental
effects;
(B) The facility must meet all of the requirements of this section;
(C) The facility must meet any additional requirements that may be
imposed by the Administrator in each specific case, as specified in the
compliance agreement required under paragraph (c)(2) of this section,
to ensure that the quarantine of horses in the facility will be
adequate to enable determination of their health status, as well as to
prevent the transmission of diseases into, within, and from the
facility; and
(D) The Administrator must determine that sufficient personnel,
including one or more APHIS veterinarians and other professional,
technical, and support personnel, are available to serve as APHIS
representatives at the facility and provide continuous oversight and
other technical services to ensure the biological security of the
facility, if approved. APHIS will assign personnel to facilities
requesting approval in the order that the facilities are approved. The
Administrator has sole discretion on the number of APHIS personnel to
be assigned to the facility.
(iii) Maintaining approval. To maintain APHIS approval, the
operator must continue to comply with all the requirements of paragraph
(c) of this section and the terms of the compliance agreement executed
in accordance with paragraph (c)(2) of this section.
(iv) Withdrawal or denial of approval. Approval for a proposed
privately owned quarantine facility may be denied or approval for a
facility already in operation may be withdrawn at any time by the
Administrator, for any of the reasons provided in paragraph
(c)(1)(iv)(C) of this section.
(A) Before facility approval is denied or withdrawn, APHIS will
inform the operator of the proposed or existing quarantine facility and
include the reasons for the proposed action. If there is a conflict as
to any material fact, APHIS will afford the operator, upon request, the
opportunity for a hearing with respect to the merits or validity of
such action in accordance with the rules of practice that APHIS adopts
for the proceeding.
(B) Withdrawal of approval of an existing facility will become
effective prior to final determination in the proceeding when the
Administrator determines that such action is necessary to protect
animal health or the public health, interest, or safety. Such
withdrawal will be effective upon oral or written notification,
whichever is earlier, to the operator of the facility. In the event of
oral notification, APHIS will give written confirmation to the
[[Page 44108]]
operator of the facility as promptly as circumstances allow. This
withdrawal will continue in effect pending the completion of the
proceeding and any judicial review, unless otherwise ordered by the
Administrator. In addition to withdrawal of approval for the reasons
provided in paragraph (c)(1)(iv)(C) of this section, the Administrator
will also automatically withdraw approval when the operator of any
approved facility notifies the APHIS veterinarian in charge for the
State in which the facility is located, in writing, that the facility
is no longer in operation.\16\
---------------------------------------------------------------------------
\16\ The name and address of the veterinarian in charge in any
State is available from APHIS, Veterinary Services, National Center
for Import and Export, 4700 River Road, Unit 39, Riverdale, MD
20737-1231.
---------------------------------------------------------------------------
(C) Except as provided in paragraph (c)(1)(iv)(E) of this section,
the Administrator may deny or withdraw approval of a permanent
privately owned quarantine facility if:
(1) Any requirement of this section or the compliance agreement is
not complied with; or
(2) The operator fails to remit any charges for APHIS services
rendered; or
(3) The operator or a person responsibly connected with the
business of the quarantine facility is or has been convicted of any
crime under any law regarding the importation or quarantine of any
animal; or
(4) The operator or a person responsibly connected with the
business of the quarantine facility is or has been convicted of any
crime involving fraud, bribery, or extortion or any other crime
involving a lack of integrity needed for the conduct of operations
affecting the importation of animals; or
(5) The approved quarantine facility has not been in use to
quarantine horses for a period of at least 1 year.
(D) For the purposes of this section, a person is deemed to be
responsibly connected with the business of the quarantine facility if
such person has an ownership, mortgage, or lease interest in the
facility's physical plant, or if such person is a partner, officer,
director, holder or owner of 10 percent or more of its voting stock, or
is an employee in a managerial or executive capacity.
(2) Compliance agreement. (i) All permanent, privately owned
quarantine facilities for horses must operate in accordance with a
compliance agreement executed by the operator or his or her agent and
the Administrator, and that must be renewed on an annual basis.
(ii) The compliance agreement must provide that:
(A) The facility must meet all applicable requirements of this
section;
(B) The facility's quarantine operations are subject to the strict
oversight of APHIS representatives;
(C) The operator agrees to be responsible for the cost of the
facility; all costs associated with its maintenance and operation; all
costs associated with the hiring of employees and other personnel to
attend to the horses as well as to maintain and operate the facility;
all costs associated with the care of quarantined horses, such as feed,
bedding, medicines, inspections, testing, laboratory procedures, and
necropsy examinations; and all APHIS charges for the services of APHIS
representatives in accordance with this section and part 130 of this
chapter; and
(D) The operator agrees to bar from the facility any employee or
other personnel at the facility who fails to comply with paragraph (c)
of this section or other provisions of this part, any terms of the
compliance agreement, or related instructions from APHIS
representatives;
(3) Physical plant requirements. The facility must meet the
following requirements as determined by an APHIS inspection before
horses may be admitted to it:
(i) Location. The quarantine facility must be located:
(A) In proximity to a port authorized under Sec. 93.303(e) of this
part of this part such that the movement of the imported horses along
preapproved routes from the port to the quarantine facility poses no
significant risk, as determined by the Administrator, of transmitting
communicable diseases of horses.
(B) At least one-half mile from any premises holding livestock or
horses.
(ii) Construction. The facility must be of sound construction, in
good repair, and properly designed to prevent the escape of quarantined
horses. It must have adequate capacity to receive and house a shipment
of horses as a lot on an ``all-in, all-out'' basis and must include the
following:
(A) Perimeter fencing. The facility must be surrounded by a
security fence of sufficient height and design to prevent the entry of
unauthorized people and animals from outside the facility and to
prevent the escape of the horses in quarantine.
(B) Entrances and exits. All entryways into the nonquarantine area
of the facility must be equipped with a secure and lockable door. While
horses are in quarantine, all access to the quarantine area for horses
must be from within the building, and each such entryway to the
quarantine area must be equipped with a series of solid self-closing
double doors. Entryways to each lot-holding area must be equipped with
a solid lockable door. Emergency exits to the outside may exist in the
quarantine area. Such emergency exits must be constructed so as to
permit their opening from the inside of the facility only.
(C) Windows and other openings. The facility must be constructed so
that any windows or other openings in the quarantine area are double-
screened with screening of sufficient gauge and mesh to prevent the
entry or exit of insects and other vectors of diseases of horses. The
interior and exterior screens must be separated by at least 3 inches
(7.62 cm). All screening of windows or other openings must be easily
removable for cleaning, yet otherwise remain locked and secure at all
times in a manner satisfactory to APHIS representatives in order to
ensure the biological security of the facility.
(D) Lighting. The facility must have adequate lighting throughout,
including in stalls and hallways, for the purpose of examining the
horses and conducting necropsies.
(E) Loading docks. The facility must include separate docks for
animal receiving and releasing and for general receiving and pickup.
(F) Surfaces. The facility must be constructed so that the floor
surfaces with which horses have contact are nonslip and wear-resistant.
All floor surfaces with which the horses, their excrement, or
discharges have contact must provide for adequate drainage, and drains
must be at least 8 inches in diameter. All floor and wall surfaces with
which the horses, their excrement, or discharges have contact must be
impervious to moisture and be able to withstand frequent cleaning and
disinfection without deterioration. Other ceiling and wall surfaces
with which the horses, their excrement, or discharges do not have
contact must be able to withstand cleaning and disinfection between
shipments of horses. All floor and wall surfaces must be free of sharp
edges that could cause injury to horses.
(G) Means of isolation. Physical barriers must separate different
lots of horses in the facility so that horses in one lot cannot have
physical contact with horses in another lot or with their excrement or
discharges. Stalls must be available that are capable of isolating any
horses exhibiting signs of illness.
(H) Showers. In a facility where it is possible to move from the
nonquarantine area into any lot-holding area without passing through
another lot-holding area, the facility must have a shower at the
entrance to the
[[Page 44109]]
quarantine area. In a facility where it is not possible to move to any
lot-holding area except by first passing through another lot-holding
area, the facility must have a shower at the entrance to each lot-
holding area. A shower must be located at the entrance to the necropsy
area. A clothes-storage and clothes-changing area must be provided at
each end of each shower area. There must also be one or more
receptacles near each shower so that clothing that has been worn into a
lot-holding area or elsewhere in the quarantine area can be deposited
in the receptacle(s) prior to entering the shower.
(I) APHIS space. The facility must have adequate space for APHIS
representatives to conduct examinations and testing of the horses in
quarantine, prepare and package samples for mailing, and store the
necessary equipment and supplies for each lot of horses and duplicate
samples. The examination space must include equipment to provide for
the safe inspection of horses (i.e., restraining stocks). The facility
must also include a secure, lockable office for APHIS use with enough
room for a desk, chair, and filing cabinet.
(J) Necropsy area. The facility must have an area that is of
sufficient size to perform necropsies on horses and that is equipped
with adequate lighting, hot and cold running water, a drain, a cabinet
for storing instruments, a refrigerator-freezer for storing specimens,
and an autoclave to sterilize veterinary equipment.
(K) Storage. The facility must have sufficient storage space for
equipment and supplies used in quarantine operations. Storage space
must include separate, secure storage for pesticides and for medical
and other biological supplies, as well as a separate feed storage area
that is vermin-proof for feed and bedding, if feed and bedding are
stored at the facility. If the facility has multiple lot-holding areas,
then separate storage space for supplies and equipment must be provided
for each lot-holding area.
(L) Additional space needs. The facility must have an area for
washing and drying clothes, linens, and towels and an area for cleaning
and disinfecting equipment used in the facility. The facility must also
include a work area for the repair of equipment.
(M) Restrooms. The facility must have permanent restrooms in both
the quarantine and nonquarantine areas of the facility.
(N) Breakroom. The facility must have an area within the quarantine
area for breaks and meals.
(O) Ventilation and climate control. The facility must be
constructed with a heating, ventilating and air conditioning (HVAC)
system capable of controlling and maintaining the ambient temperature,
air quality, moisture, and odor at levels that are not injurious or
harmful to the health of horses in quarantine. Air supplied to lot-
holding areas must not be recirculated or reused for other ventilation
needs. HVAC systems for lot-holding areas must be separate from air
handling systems for other operational and administrative areas of the
facility. In addition, if the facility is approved to handle more than
one lot of horses at a time, each lot-holding area must have its own
separate HVAC system that is designed to prevent cross-contamination
between the separate lot-holding areas.
(P) Fire protection. The facility, including the lot holding areas,
must have a fire alarm voice communication system.
(Q) Monitoring system. The facility must have a television
monitoring system or other arrangement sufficient to provide a full
view of the quarantine area or areas, excluding the clothes changing
area.
(R) Communication system. The facility must have a communication
system between the nonquarantine and quarantine areas of the facility.
(iii) Sanitation. To ensure that proper animal health and
biological security measures are observed, the facility must have the
following:
(A) Equipment and supplies necessary to maintain the facility in
clean and sanitary condition, including pest control equipment and
supplies and cleaning and disinfecting equipment with adequate capacity
to disinfect the facility and equipment.
(B) Separately maintained equipment and supplies for each lot of
horses.
(C) A supply of potable water adequate to meet all watering and
cleaning needs, with water faucets for hoses located throughout the
facility. An emergency supply of water for horses in quarantine must
also be maintained.
(D) A stock of disinfectant authorized in Sec. 71.10(a)(5) of this
chapter or otherwise approved by the Administrator that is sufficient
to disinfect the entire facility.
(E) The capability to dispose of wastes, including manure, urine,
and used bedding, by means of burial, incineration, or public sewer.
Other waste material must be handled in such a manner that minimizes
spoilage and the attraction of pests and must be disposed of by
incineration, public sewer, or other preapproved manner that prevents
the spread of disease. Disposal of wastes must be carried out under the
direct oversight of APHIS representatives.
(F) The capability to dispose of horse carcasses in a manner
approved by the Administrator and under conditions that minimize the
risk of disease spread from carcasses.
(G) For incineration to be carried out at the facility,
incineration equipment that is detached from other facility structures
and is capable of burning animal waste and refuse as required. The
incineration site must also include an area sufficient for solid waste
holding. Incineration may also take place at a local site away from the
facility premises. All incineration activities must be carried out
under the direct oversight of APHIS representatives.
(H) The capability to control surface drainage and effluent into,
within, and from the facility in a manner that prevents the spread of
disease into, within, or from the facility. If the facility is approved
to handle more than one lot of horses at the same time, there must be
separate drainage systems for each lot-holding area in order to prevent
cross contamination.
(iv) Security. Facilities must provide the following security
measures:
(A) The facility and premises must be kept locked and secure at all
times while horses are in quarantine.
(B) The facility and premises must have signs indicating that the
facility is a quarantine area and no visitors are allowed.
(C) The facility and premises must be guarded at all times by one
or more representatives of a bonded security company or, alternatively,
the facility must have an electronic security system that indicates the
entry of unauthorized persons into the facility. Electronic security
systems must be coordinated through or with the local police so that
monitoring of the quarantine facility is maintained whenever APHIS
representatives are not at the facility. The electronic security system
must be of the ``silent type'' and must be triggered to ring at the
monitoring site and not at the facility. The electronic security system
must be approved by Underwriter's Laboratories. The operator must
provide written instructions to the monitoring agency stating that the
police and a representative of APHIS designated by APHIS must be
notified by the monitoring agency if the alarm is triggered. The
operator must also submit a copy of those instructions to the
Administrator. The operator must notify the designated APHIS
representative
[[Page 44110]]
whenever a breach of security occurs or is suspected of occurring. In
the event that disease is diagnosed in quarantined horses, the
Administrator may require that the operator have the facility guarded
by a bonded security company in a manner that the Administrator deems
necessary to ensure the biological security of the facility.
(D) The operator must furnish a telephone number or numbers to
APHIS at which the operator or his or her agent can be reached at all
times.
(E) APHIS is authorized to place APHIS seals on any or all
entrances and exits of the facility when determined necessary by APHIS
and to take all necessary steps to ensure that such seals are broken
only in the presence of an APHIS representative. If someone other than
an APHIS representative breaks such seals, APHIS will consider the act
a breach in security and APHIS representatives will make an immediate
accounting of all horses in the facility. If a breach in security
occurs, APHIS may extend the quarantine period as long as necessary to
determine that the horses are free of communicable diseases.
(4) Operating procedures. The following procedures must be observed
at the facility at all times:
(i) APHIS oversight.
(A) The quarantine of horses at a privately owned quarantine
facility is subject to the strict oversight of APHIS representatives
authorized to perform the services required by this section.
(B) If, for any reason, the operator fails to properly care for,
feed, or handle the quarantined horses as required in paragraph (c) of
this section, or fails to maintain and operate the facility as provided
in paragraph (c) of this section, APHIS representatives are authorized
by the compliance agreement to furnish such neglected services or make
arrangements for the sale or disposal of quarantined horses at the
quarantine facility owner's expense.
(ii) Personnel.
(A) The operator must provide adequate personnel to maintain the
facility and care for the horses in quarantine, including attendants to
care for and feed horses, and other personnel as needed to maintain,
operate, and administer the facility.
(B) The operator must provide APHIS with an updated list of all
personnel who have access to the facility. The list must include the
names, current residential addresses, and identification numbers of
each person, and must be updated with any changes or additions in
advance of such person having access to the quarantine facility.
(C) The operator must provide APHIS with signed statements from
each person having access to the facility in which the person agrees to
comply with paragraph (c) of this section and applicable provisions of
this part, all terms of the compliance agreement, and any related
instructions from APHIS representatives pertaining to quarantine
operations, including contact with animals both inside and outside the
facility.
(iii) Authorized access. Access to the facility premises as well as
inside the quarantine area will be granted only to APHIS
representatives, authorized employees, and other personnel of the
operator assigned to work at the facility. All other persons are
prohibited from the premises unless specifically granted access by an
APHIS representative. Any visitors granted access must be accompanied
at all times by an APHIS representative while on the premises or in the
quarantine area of the facility.
(iv) Sanitary requirements.
(A) All persons granted access to the quarantine area must:
(1) Shower when entering and leaving the quarantine area.
(2) Shower before entering a lot-holding area if previously exposed
from access to another lot-holding area.
(3) Shower when leaving the necropsy area if a necropsy is in the
process of being performed or has just been completed, or if all or
portions of the examined animal remain exposed.
(4) Wear clean protective work clothing and footwear upon entering
the quarantine area.
(5) Wear disposable gloves when handling sick horses and then wash
hands after removing gloves.
(6) Change protective clothing, footwear, and gloves when they
become soiled or contaminated.
(7) Not have contact with any horses in the facility other than the
lot or lots of horses to which the person is assigned or is granted
access.
(8) Not have contact with any horses outside the quarantine
facility for at least 7 days after the last contact with the horses in
quarantine, or for a period of time determined by the overseeing APHIS
representative as necessary to prevent the transmission of communicable
diseases of horses.
(B) The operator is responsible for providing a sufficient supply
of clothing and footwear to ensure that all persons provided access to
the quarantine area at the facility have clean, protective clothing and
footwear upon their initial entry and when they move from one lot of
horses to another lot of horses.
(C) The operator is responsible for the proper handling, washing,
and disposal of soiled and contaminated clothing worn within the
quarantine facility in a manner approved by APHIS as adequate to
preclude transmission of any animal disease agent from the facility. At
the end of each workday, work clothing worn into each lot-holding area
must be collected and kept in a bag until the clothing is washed. Used
footwear must either be left in the clothes changing area or cleaned
with hot water (148 deg.F minimum) and detergent and disinfected as
directed by an APHIS representative.
(D) All equipment (including tractors) must be cleaned and
disinfected prior to being used in the quarantine area of the facility
with a disinfectant authorized in Sec. 71.10(a)(5) of this chapter or
otherwise approved by the Administrator. The equipment must remain
dedicated to the facility for the entire quarantine period. Any
equipment used with quarantined horses (e.g., halters, floats) must
remain dedicated to that particular lot of quarantined horses for the
duration of the quarantine period or be cleaned and disinfected before
coming in contact with horses from another lot. Prior to its use on
another lot of horses or its removal from the quarantine premises, any
equipment must be cleaned and disinfected to the satisfaction of an
APHIS representative.
(E) Any vehicle, upon entering or leaving the quarantine area of
the facility, must be immediately cleaned and disinfected under the
oversight of an APHIS representative with a disinfectant authorized in
Sec. 71.10(a)(5) of this chapter or otherwise approved by the
Administrator.
(F) That area of the facility in which a lot of horses has been
held or has had access to must be thoroughly cleaned and disinfected
under the oversight of an APHIS representative upon release of the
horses with a disinfectant authorized in Sec. 71.10(a)(5) of this
chapter or otherwise approved by the Administrator before a new lot of
horses is placed in that area of the facility.
(v) Handling of the horses in quarantine.
(A) All horses must be handled in accordance with paragraph (a) of
this section.
(B) Each lot of horses to be quarantined must be placed in the
facility on an ``all-in, all-out'' basis. No horse may be taken out of
the lot while it is in quarantine, except for diagnostic purposes, and
no horse may be added to the lot while the lot is in quarantine.
(C) The facility must provide sufficient feed and bedding for the
horses in quarantine, and it must be free of vermin and not spoiled.
Feed and bedding must originate from an area that
[[Page 44111]]
is not listed in 9 CFR 72.2 as an area quarantined for splenetic or
tick fever.
(D) Breeding of horses or collection of germplasm from horses is
prohibited during the quarantine period unless necessary for a required
import testing procedure.
(E) Horses in quarantine will be subjected to such tests and
procedures as directed by an APHIS representative to determine whether
they are free from communicable diseases of horses. While in
quarantine, horses may be vaccinated only with vaccines that have been
approved by APHIS and that are administered by an APHIS veterinarian or
an accredited veterinarian under the direct oversight of an APHIS
representative. APHIS will approve a vaccine only if the vaccine is
licensed by APHIS in accordance with Sec. 102.5 of this chapter.\17\
---------------------------------------------------------------------------
\17\ A list of approved vaccines is available from National
Center for Import and Export, Veterinary Services, APHIS, 4700 River
Road, Unit 39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------
(F) Any death or suspected illness of horses in quarantine must be
reported immediately to APHIS. The affected horses must be disposed of
as the Administrator may direct or, depending on the nature of the
disease, must be cared for as directed by APHIS to prevent the spread
of disease.
(G) Quarantined horses requiring specialized medical attention or
additional postmortem testing may be transported off the quarantine
site, if authorized by APHIS. A second quarantine site must be
established to house the horses at the facility of destination (e.g.,
veterinary college hospital). In such cases, APHIS may extend the
quarantine period until the results of any outstanding tests or
postmortems are received.
(H) Should the lot of horses become infected with or exposed to a
communicable disease of horses, arrangements for the final disposition
of the infected or exposed lot must be accomplished within 4 work days
following disease confirmation. Subsequent disposition of the horses
must occur under the direct oversight of APHIS representatives. The
operator must have a preapproved contingency plan for the possible
disposal of all horses housed in the facility prior to issuance of the
import permit.
(vi) Records.
(A) The facility operator must maintain a current daily log to
record the entry and exit of all persons entering and leaving the
quarantine facility.
(B) The operator must maintain the daily log, along with any logs
kept by APHIS and deposited with the operator, for at least 2 years
following the date of release of the horses from quarantine and must
make such logs available to APHIS representatives upon request.
(5) Environmental quality. If APHIS determines that a privately
operated quarantine facility does not meet applicable local, State, or
Federal environmental regulations, APHIS may deny or suspend approval
of the facility until appropriate remedial measures have been applied.
(6) Variances. The Administrator may grant variances to existing
requirements relating to location, construction and other design
features of the physical facility, as well as to sanitation, security,
operating procedures, recordkeeping, and other provisions of paragraph
(c) of this section, but only if the Administrator determines that the
variance causes no detrimental impact to the overall biological
security of the quarantine operations. The operator must submit a
request for a variance to the Administrator in writing at least 30 days
in advance of the arrival of horses to the facility. Any variance must
also be expressly provided for in the compliance agreement.
8. In Sec. 93.309, the section heading would be revised to read as
follows:
Sec. 93.309 Horse quarantine facilities; payment information.
* * * * *
9. Section 93.310 would be revised to read as follows:
Sec. 93.310 Quarantine stations, visiting restricted; sales
prohibited.
Visitors are not permitted in the quarantine enclosure during any
time that horses are in quarantine unless an APHIS representative
specifically grants access under such conditions and restrictions as
may be imposed by APHIS. An importer (or his or her agent or accredited
veterinarian) may be admitted to the lot-holding area(s) containing his
or her quarantined horses at such intervals as may be deemed necessary,
and under such conditions and restrictions as may be imposed, by an
APHIS representative. On the last day of the quarantine period, owners,
officers or registry societies, and others having official business or
whose services may be necessary in the removal of the horses may be
admitted upon written permission from an APHIS representative. No
exhibition or sale shall be allowed within the quarantine grounds.
Done in Washington, DC, this 24th day of June, 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-16337 Filed 6-28-02; 8:45 am]
BILLING CODE 3410-34-P
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