[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4594]
[[Page Unknown]]
[Federal Register: March 1, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 91-101-1]
Goats Imported From Mexico for Immediate Slaughter; Horse
Quarantine Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise the regulations concerning
importation of animals into the United States to allow importation of
goats from Mexico without a health certificate if the goats are
imported for immediate slaughter within 2 weeks following importation.
Goats imported from Mexico for immediate slaughter would have to be
sprayed for ticks at the time of importation, would have to be
inspected at the port of entry and found free from evidence of and
exposure to both communicable animal disease and fever tick
infestation, and would have to be moved directly from the port of entry
to a recognized slaughtering establishment in a sealed vehicle.
This change would allow goats from Mexico, that do not present a
significant risk of spreading animal disease because they are bound for
immediate slaughter, to be imported without meeting the health
certificate requirements that are needed for goats not bound for
immediate slaughter, which present a greater risk of spreading animal
disease.
We also propose to make a minor change for clarity in our
regulations concerning horses subject to quarantine after importation
into the United States.
DATES: Consideration will be given only to comments received on or
before May 2, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 91-101-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are encouraged to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Samuel Richeson, Senior Staff
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 764, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 govern the importation into the
United States of certain animals and poultry and certain animal and
poultry products. Section 92.426 deals with inspection at the port of
entry of ruminants (including goats) from Mexico, and Sec. 92.428 deals
with health certification requirements for sheep, goats, and wild
ruminants from Mexico. Section 92.429 addresses the importation of
ruminants (excluding sheep and goats) from Mexico for immediate
slaughter.
Currently, Sec. 92.428 requires, in part, that goats from Mexico
offered for importation into the United States be accompanied by a
certificate issued by a salaried veterinarian of the Mexican government
which states that the goats are not affected with, nor have been
exposed to, scrapie and other communicable diseases, and which requires
that ``[n]otwithstanding such certificate, such * * * goats shall be
detained or quarantined as provided in Sec. 92.427 and shall be dipped
at least once in a permitted scabies dip under supervision of an
inspector.'' The currently required certificate must also state that
the goats ``have been tested for tuberculosis and brucellosis with
negative results within 30 days preceding their being offered for
entry, and give the date and method of testing, the name of the
consignor and of the consignee, and a description of the animals
including breed, ages, markings, and tattoo and eartag numbers.
Notwithstanding such certification, such goats shall be detained or
quarantined as provided in Sec. 92.427 and retested for brucellosis.''
We believe these requirements are not necessary to prevent the
introduction or spread of animal disease in the case of goats imported
from Mexico for immediate slaughter. These requirements were designed
for animals which have significant opportunity to spread disease to
other animals in the United States, such as through breeding or
prolonged contact with other animals; goats moved for immediate
slaughter following importation should not have these opportunities.
We believe that goats may be imported from Mexico without
presenting a significant disease risk if they are treated for ticks
prior to their entry, and if they are moved directly from the port of
entry to a recognized slaughtering establishment in a sealed vehicle,
and slaughtered within 2 weeks.
The tick treatment would control the possibility that disease-
bearing ticks could become dislodged from the goats and move to other
animals in the United States. As a treatment for ticks, we propose that
the goats be sprayed with a solution of 0.25 percent of an approved
proprietary brand of coumaphos under the supervision of a port
veterinarian. This treatment has been used effectively for many years
to control ticks in goats and other ruminants, and the proper
concentration of coumaphos is readily available in the form of
commercial products such as Co-Ral.
The requirement for movement in a sealed vehicle would prevent
contact with other animals while the goats are en route to slaughter,
and the requirement for slaughter within 2 weeks would reduce the
possibility that the goats could come in contact with other animals
while awaiting slaughter, or be diverted from slaughter. The
requirement for direct movement appears necessary to minimize the risk
of goats spreading disease to animals in the United States, should any
of the imported goats have an infectious disease. As defined in
Sec. 92.400, and consequently applicable here, ``moved directly'' is
``[m]oved without unloading and without stopping except for refueling,
or for traffic conditions such as traffic lights or stop signs.''
Therefore, we propose to exempt goats imported from Mexico for
immediate slaughter from the requirements of Sec. 92.428, and to allow
their importation subject to the requirements described above, which we
would add to Sec. 92.429.
We do not propose to exempt goats imported from Mexico for
immediate slaughter from any of the requirements currently contained in
Secs. 92.424, 92.425, and 92.426 that apply to ruminants imported from
Mexico. Section 92.424 requires the importer, subject to certain
exceptions, to obtain an import permit for ruminants, and to deliver an
application for inspection at the port of entry. Section 92.425
requires the importer to present two copies of a declaration to the
collector of customs at the port of entry, containing certain
information about the importer, the animals offered for importation,
and their destination. Section 92.426 provides for inspection of
ruminants at the port of entry, and refusal of entry for ruminants
found to be affected with or exposed to a communicable disease or
infested with fever ticks.
Horse Quarantine Facilities
Our regulations at 9 CFR 92.308 establish requirements for the
quarantine of certain horses imported into the United States. Section
92.308(c)(2)(ii)(B), which contains the physical requirements for a
quarantine facility, provides that ``Doors, windows, and other openings
of the facility shall be provided with double screens which will
prevent insects from entering the facility.''
However, the preceding paragraph, Sec. 92.308(c)(2)(ii)(A) states
that ``All walls, floors, and ceilings shall be constructed of solid
impervious material or be screened as provided in paragraph
(c)(2)(ii)(B) of this section.'' The last phrase of this sentence has
led some readers to believe that walls, floors, and ceilings of
quarantine facilities could somehow be constructed of screening. That
was not our intent when we originally promulgated this language. We
simply meant that if a facility's solid and impervious walls, floor, or
ceiling had openings, they must be screened in accordance with
Sec. 92.308(c)(2)(ii)(B). Therefore, we propose to remove the last
phrase of the misleading sentence in Sec. 92.308(c)(2)(ii)(A), to make
it read ``All walls, floors, and ceilings shall be constructed of solid
impervious material.''
Executive Order 12866 and Regulatory Flexibility Act
We are issuing this proposed rule in conformance with Executive
Order 12866. Based on information compiled by the Department, we have
determined that this proposed rule: (1) Would have an effect on the
economy of less than $100 million; (2) would not adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (3) would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; (4) would not alter the budgetary impact of
entitlements, grants, user fees, or loan programs or rights and
obligations of recipients thereof; and (5) would not raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or principles set forth in Executive Order 12866.
This proposed amendment, if adopted, would allow importation of a
small number of goats from Mexico under reduced paperwork requirements.
This change would also relieve certain requirements for testing and
veterinary examination. The goats eligible for such importation do not
present a significant risk of spreading animal disease because they are
bound for immediate slaughter. It is anticipated that no more than 100
goats a year would be imported in accordance with the proposed
regulations. The ability to import the goats would benefit several
small businesses near the Mexican border that are interested in
importing goats to meet local demands for goat meat. The expected scale
of the imports would preclude any significant competition with large or
small domestic goat producers.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this proposed rule will be submitted for approval to the
Office of Management and Budget. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please send a copy of your
comments to: (1) Chief, Regulatory Analysis and Development, PPD,
APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, and (2) Clearance Officer, OIRM, USDA, room 404-
W, 14th Street and Independence Avenue SW., Washington, DC 20250.
List of Subjects in 9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 92 as follows:
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
1. The authority citation for part 92 would continue to read as
follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 92.308 [Amended]
2. In Sec. 92.308(c)(2)(ii)(A) would be amended by removing the
phrase ``or be screened as provided in paragraph (c)(2)(ii)(B) of this
section''.
Sec. 92.428 [Amended]
3. In Sec. 92.428, paragraph (a) introductory text, the first word
``Sheep'' would be removed and the phrase ``Except for goats imported
from Mexico for immediate slaughter in accordance with Sec. 92.429(b),
sheep'' would be added in its place.
4. In Sec. 92.428, paragraph (b), the phrase ``accompanying goats
offered for importation from Mexico shall, in addition to the statement
required by paragraph (a) of this section,'' would be removed and the
phrase ``required by paragraph (a) of this section to accompany goats,
shall also'' would be added in its place.
Sec. 92.429 [Amended]
5. The existing text of Sec. 92.429 would be designated as
paragraph (a); in the last sentence the phrase ``and goats'' would be
removed; and a new paragraph (b) would be added to read as follows:
Sec. 92.429 Ruminants for immediate slaughter.
* * * * *
(b) Goats imported from Mexico for immediate slaughter. Goats may
be imported from Mexico for immediate slaughter, subject to the
provisions of Secs. 92.424, 92.425, and 92.426. Such goats shall at the
time of importation be sprayed for ticks with a solution of 0.25
percent of an approved proprietary brand of coumaphos (Co-
Ral) under the supervision of a port veterinarian. Such goats
shall be moved directly from the port of entry to a recognized
slaughtering establishment and there slaughtered within 2 weeks from
the date of entry. Such goats shall be moved from the port of entry in
conveyances sealed with seals of the United States Department of
Agriculture.
Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4594 Filed 2-28-94; 8:45 am]
BILLING CODE 3410-34-P
