[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5164]
Federal Register / Vol. 59, No. 45 / Tuesday, March 8, 1994 /
[[Page Unknown]]
[Federal Register: March 8, 1994]
VOL. 59, NO. 45
Tuesday, March 8, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 93-137-1]
Importation of Ratites and Hatching Eggs of Ratites
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are providing that ratites and hatching eggs of ratites may
not be imported into the United States unless specified identification
and recordkeeping requirements regarding their origin and movement are
met in the country of export. This action is necessary to help ensure
that ratites and hatching eggs of ratites that could pose a disease
risk to poultry and livestock in the United States are not imported
into this country.
DATES: Interim rule effective March 8, 1994. Consideration will be
given only to comments received on or before May 9, 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. 93-137-1. 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. Keith Hand, Senior Staff
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 768, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-5907.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (referred to below as the
regulations) regulate the importation of certain animals and birds,
including ostriches and other flightless birds known as ratites, and
their hatching eggs, to prevent the introduction of communicable
diseases of livestock and poultry.
Section 92.101 of the regulations imposes general restrictions on
the importation of ratites and hatching eggs of ratites, including the
requirement that they be produced by a pen-raised flock and, in the
case of ratites, be maintained in a pen-raised flock. This requirement
is necessary to help ensure that ratites imported into the United
States are not wild-caught birds that may have been exposed to
communicable diseases and that may not have a known health history.
Section 92.103(a) of the regulations requires that an application
to import ratites or hatching eggs of ratites specify the number of
ratites or hatching eggs intended for importation. Section
92.103(a)(2)(iii) provides that a permit to import ratites or hatching
eggs of ratites will be denied or withdrawn unless a representative of
the Animal and Plant Health Inspection Service (APHIS) has visited the
premises where the flock of origin is kept within the 12-month period
before the intended importation, and has determined that the flock is
pen-raised and contains sufficient breeding pairs to produce the number
of ratites or hatching eggs intended for importation.
Section 92.104 requires that ratites or hatching eggs of ratites
imported into the United States be accompanied by a certificate that
certifies, among other things, that the flock of origin is pen-raised
and the ratites covered by the certificate were produced by and
maintained in that flock. These provisions are necessary to help ensure
that ratites and hatching eggs that are not produced by a pen-raised
flock, and that consequently pose a potential health risk, are not
brought into the flock and subsequently imported into the United
States.
However, based on our experience enforcing the regulations, we have
found that, even with the requirements described above, it can
sometimes be difficult to monitor the number of ratites and hatching
eggs being exported from certain flocks. We believe this difficulty in
monitoring has led to occasions where smuggled or wild-caught ratites
or hatching eggs of such ratites have been brought into a flock, then
imported into the United States, purportedly as a pen-raised part of
that flock.
The regulations in Sec. 92.106(b) contain requirements for the
quarantine of ratites and hatching eggs of ratites upon arrival in the
United States. Although we consider these requirements for quarantine
to be effective in identifying and preventing the entry of ratites with
communicable diseases, the increased risk presented by smuggled or
wild-caught ratites jeopardizes the health of other ratites in
quarantine and unnecessarily increases the risk of the entry of a
ratite with a communicable disease.
Therefore, in this interim rule, we are establishing provisions
that require identification of all ratites and hatching eggs of ratites
in flocks from which ratites or hatching eggs of ratites are intended
for importation into the United States, and that require strict
monitoring and recordkeeping of the number of ratites and hatching eggs
produced in, brought into, or exported from a flock. These
requirements, discussed below, will help ensure that only ratites and
hatching eggs of ratites pen-raised on approved premises are imported
into the United States.
We are requiring in Sec. 92.101(b)(3)(i)(B) (newly added in this
interim rule) that each ratite produced in a flock from which ratites
or hatching eggs of ratites are intended for importation into the
United States be identified with an identification number by means of a
microchip implanted in the pipping muscle at 1-day of age. We are also
requiring that each ratite added to the flock from outside the flock be
identified by means of microchip upon arrival in the flock, and that
each ratite already in the flock as of the effective date of this
interim rule be identified before the next visit to the premises by an
APHIS representative under Sec. 92.101(a)(2)(iii) (discussed above).
Unlike our requirement for the 1-day-old chicks, however, we are not
requiring that the microchip be implanted in any specified location on
the older birds.
The microchip identification required by this interim rule will
make possible a cross-referencing system by which the Department and
the national government of the country from which the ratites are to be
exported can help ensure that only ratites and hatching eggs of ratites
from pen-raised flocks on approved premises are imported into the
United States.
We are requiring microchip identification, rather than some other
form of identification, because we have determined that it is the most
effective and humane form of identification for ratites. External forms
of identification such as tags can be easily removed or switched. This
is less likely to happen with an imbedded microchip. Because of the
thin hide of a ratite, we do not consider hot-iron branding to be
effective or humane.
Based on importations to date, we expect virtually all ratites
imported into the United States to be those required to be microchipped
at 1-day of age. The pipping muscle, located behind the head of a
ratite chick, is enlarged at the time of hatching to assist the chick
in breaking through the shell. Requiring the microchip to be implanted
in the same place for each such ratite will facilitate our reading of
the microchips and make it easier to determine if a ratite has been
identified (discussed below under the heading ``Microchip Readers'').
Because the pipping muscle decreases in size as a ratite grows, it
would not be practicable to require that it be the site of implantation
for older ratites. However, as noted above, we expect few older ratites
to be imported into the United States, and are therefore not requiring
that such ratites be microchipped at any particular location on their
body.
As part of the cross-referencing system made possible by the
microchip identification, we are requiring that the country from which
ratites or their hatching eggs are exported have in place procedures
and requirements, discussed below, for monitoring the number of ratites
or hatching eggs of ratites produced on each premises over a set
production season. (We are adding to the regulations a definition of
production season, discussed below under the heading ``Definition of
Production Season.'')
Under Sec. 92.101(b)(3)(i)(I) of this interim rule, a production
ceiling for each premises must be set. The ceiling is to be calculated
jointly by a full-time salaried veterinary officer of the national
government of the country of export and the APHIS representative who
visits the premises prior to an import permit being issued. The ceiling
is based on the number of eggs that the ratites in the flock can
reasonably be expected to produce over a given production season. The
ceilings established will take into account not only the number of
ratites in the flock, but also factors such as the age and the type of
the ratites. Establishing this ceiling will help prevent ratites and
hatching eggs of ratites from being ``laundered'' through the flock for
importation into the United States.
Under Sec. 92.101(b)(3)(i)(C) of this interim rule, on the date
that each hatching egg is produced in a flock from which ratites or
hatching eggs of ratites are intended for importation into the United
States, the hatching egg must be marked in indelible ink with the date
of production.
Under Sec. 92.101(b)(3)(i)(D) of this interim rule, the owner or
manager of a premises from which ratites or hatching eggs of ratites
are intended for importation into the United States is required to
maintain on a daily basis registers listing the following: (1) Number
of live ostriches hatched in the flock, added to the flock, or removed
from the flock, including microchip identification number; (2) number
of eggs produced in the flock and date of production, and number of
eggs removed from the flock and date of production; and (3) number of
eggs in incubator/hatcher and date of production. The owner or manager
of the premises must submit a copy of the registers to the National
Veterinary Service of the country of export on a quarterly basis. When
the national government receives these registers, it must in turn
submit a copy to the APHIS Administrator on a quarterly basis.
Under Sec. 92.101(b)(3)(i)(F) of this interim rule, the national
government of the country of export, using these registers, must
maintain a registry of premises. In this registry, the national
government is required to list each ratite according to its microchip
number. The national government is also required to maintain a count of
hatching eggs of ratites produced on the premises. Under
Sec. 92.10(b)(3)(i)(G) of this interim rule, no premises may be added
to the registry until a veterinary officer of the national government
or an employee of that government responsible for the protection of
fish and wildlife visits the premises and determines that all ratites
and hatching eggs of ratites on the premises are identified as
required.
Under Sec. 92.101(b)(3)(i)(J) of this interim rule, the country
from which the eggs are exported must also conduct random inspections
of premises that have been added to the registry. These inspections
must be conducted at least twice for each production season for each
premises, and must be carried out either by a veterinary officer of the
national government of the country of export or an employee of that
government responsible for the protection of fish and wildlife. The
inspector must determine whether all ratites and hatching eggs of
ratites are identified as required, and will use the markings on the
eggs to determine whether the number of eggs in the flock are within
the ceiling established for the flock. Ratites or hatching eggs not
identified as required will be ineligible for the export certificate
required under Sec. 92.104(a) of the regulations (discussed below). The
results of these inspections, as well as the results of the initial
inspection described in the preceding paragraph, must be recorded on
the copy of the quarterly reports that the country of export must send
to the Administrator. Based on this information, APHIS will deny or
withdraw an import permit for ratites or hatching eggs of ratites from
any premises on which all ratites and hatching eggs are not marked as
required.
These requirements, taken together, will make it easier to detect
incidence of birds or eggs being smuggled onto a premises. The initial
visit to the premises, described above, along with the calculation of a
production ceiling, will establish how many ratites are on the premises
and the number of hatching eggs they can reasonably be expected to
produce. The registers, microchip identification, and subsequent site
inspections will help ensure that the number of ratites and hatching
eggs on or leaving the premises are consistent with those initial
calculations.
Under this interim rule, the Department and the national government
of the country of export will be able to monitor the number of ratites
and eggs exported from the flocks to the United States by means of the
health certificate required under Sec. 92.104 of the regulations. Under
the existing regulations, this certificate must accompany ratites or
hatching eggs of ratites imported into the United States. It is issued
by a full-time salaried veterinary officer of the national government
of the exporting country. Under the existing regulations, it contains
information regarding the health of the flock, and the origin and
handling of ratites and hatching eggs of ratites imported into the
United States.
In this interim rule, we are adding to Secs. 92.104 (c) and (d) the
requirement that a certificate contain the certification that the flock
from which ratites or hatching eggs of ratites are exported has not
exceeded the ceiling on production established under this interim rule.
We are also requiring that the certificate indicate the number of
ratites or hatching eggs of ratites being shipped to the United States.
By comparing this information with the information on the registers and
with the ceiling on production calculated under this interim rule, both
the Department and the national government of the country of origin
will be able to determine the number of ratites and hatching eggs left
available for export during a given production season. We are also
requiring that the certificate indicate that all ratites in the flock
from which the hatching eggs come were identified in accordance with
Sec. 92.101(b)(3)(i)(B).
We recognize that flock owners may wish to replenish or increase
their breeding stock by bringing ratites into the flock from another
flock. In order to account for birds being added to the flock, we are
requiring in Sec. 92.101(b)(3)(i)(G) that each premises from which
ratites or hatching eggs of ratites are exported to the United States
receive approval from the National Veterinary Service of that country
before ratites are added to the premises from outside the premises. We
are also requiring that the national government provide that ratites
may not be added to a flock during a production season. This
restriction is necessary to facilitate the quota system established by
this interim rule.
Microchip Readers
We are also providing that, as a condition of importing ratites
into the United States, the person intending to import the ratites
provide the APHIS veterinary inspector at the intended port of entry
with a reader capable of reading the microchip identification of each
of the ratites. This will enable APHIS to determine whether the ratites
are identified as required. Importing ratites not properly identified,
and not providing a reader capable of reading the microchips, will be a
violation of the regulations and the ratites will be refused entry.
Denial or Withdrawal of Import Permit
Section 92.103 of the existing regulations requires, among other
things, that an importer apply for and obtain an import permit from
APHIS before importing ratites or hatching eggs of ratites into the
United States. We are providing in this interim rule that a permit will
be denied or withdrawn if the importer or a person responsibly
connected with the importer's business, or the operator of the farm of
the flock of origin, or a person responsibly connected with the owner
of the flock of origin, is or has been convicted of any crime under any
law regarding the import or export of goods, regarding the illegal
movement of goods within a country, or involving fraud, bribery,
extortion or any other crime involving a lack of the integrity needed
for the conduct of operations affecting the importation of ratites, as
determined by the Administrator.
For the purposes of the regulations, a person shall be deemed to be
responsibly connected with the importer's business or the owner of the
flock of origin if such person has an ownership, mortgage, or lease
interest in the physical plant of the importer's business or the farm
of the flock of origin, or if such person is a partner, officer,
director, holder or owner of 10 per centum or more of the voting stock
of the importer's business or the farm of the flock of origin, or is an
employee of the importer or the owner of the flock of origin.
These provisions regarding denial or withdrawal of a permit are
based on those set forth in Sec. 92.106(c)(6) regarding the denial of
approval and removal of approval of a commercial bird quarantine
facility. We consider these provisions necessary to reduce the risk
that attempts will be made to import smuggled birds into the United
States.
We are also setting forth in Sec. 92.103(a)(2)(vii) provisions that
provide for the notification of persons who have a permit denied or
withdrawn, and that provide such persons, upon request in the case of a
dispute of material facts, the opportunity for a hearing with respect
to the merits or validity of such action, in accordance with rules of
practice which shall be adopted for the proceeding.
Definition of Pen-Raised
We are also amending the definition of pen-raised in Sec. 92.100,
to provide that a flock will not be considered to be pen-raised if
ratites captured in the wild are added to it after the effective date
of this interim rule. As discussed earlier in this interim rule, wild-
caught ratites pose a significant risk of having been exposed to
communicable diseases, and may not have a known health history. Adding
such ratites to an otherwise pen-raised flock significantly increases
the chances of disease being transmitted to other ratites in the flock.
However, prior to the publication of this interim rule, we had no
reliable mechanism for determining whether wild-caught ratites had been
brought into a flock. With the establishment of the identification and
monitoring provisions of this interim rule, we now are able to make
such a determination. Therefore, we are amending the definition of pen-
raised as described above, to help ensure that ratites exposed to
ratites captured in the wild are not imported into the United States.
Definition of Production Season
In this interim rule, we use the term production season. We are
defining production season to mean that period of time, usually
approximately 9 months each year, from the time ratites in a flock
begin laying eggs until the ratites cease laying eggs. Ratites by
nature follow a set cycle for laying eggs, and, for reasons of health
and productivity, must be given a period of rest between ``production
seasons.'' In most cases, a production season lasts approximately 9
months, but this may vary according to factors such as the type, age,
and geographical location of the ratites.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment.
Immediate action is necessary to help ensure that ratites imported into
the United States, and ratites hatched from ratite hatching eggs
imported into the United States, do not transmit diseases to poultry
and livestock in the United States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon publication in the Federal Register. We will consider
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. It will include a
discussion of any comments we receive and any amendments we are making
to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This interim rule has been reviewed under Executive Order 12866.
This interim rule requires that foreign producers of ratites or
ratite hatching eggs intended for importation into the United States
maintain registers of ratites and hatching eggs on their premises and
update them daily. It also requires that ratites in a flock from which
ratites or hatching eggs of ratites are intended for importation into
the United States be identified with a microchip. Additionally, it
requires that ratite hatching eggs in the flock be marked with
indelible ink.
At present, 29 ratite farms in 7 countries are approved to ship
ratites or ratite hatching eggs to the United States. The number of
approved foreign farms varies each month due to annual recertification
requirements. There are 2,000 to 3,000 ratite farms in the United
States. Virtually all of them are small businesses, as are the
approximately 20 domestic entities that currently import ratites and
ratite hatching eggs into the United States.
We anticipate that requiring APHIS-approved ratite producers to
maintain registers and update them daily will have a negligible impact
on the domestic ratite market. However, the identification requirements
in this interim rule are expected to increase slightly the cost of
importing ratites and ratite hatching eggs. Requiring that ratite
hatching eggs be marked with indelible ink is expected to increase
operational costs of foreign producers by about $0.50 per egg.
Requiring each live ratite to be identified by microchip is expected to
cost foreign producers about $6.35 per ratite. Foreign producers will
likely increase their prices to cover the cost of proposed
identification requirements.
If the cost of identifying each ratite and ratite hatching egg is
passed along to United States buyers, the identification and marking
requirements in this interim rule will increase the cost of importing
ratites and ratite hatching eggs by an average of $3.00 each. Current
market prices for ratites released from quarantine in the United States
range from $1,565 for a 45-day-old ratite chick to $50,000 for an adult
ratite.
We estimate that the requirements of this interim rule will
increase annual costs to foreign producers by approximately $198,375.
We expect that a total of approximately 52,500 ratites and hatching
eggs of ratites will be imported into the United States in 1994. Of
these, we estimate that approximately 23 percent will survive
quarantine, with a total value of approximately $34,543,425. Therefore,
the estimated cost of the requirements of this interim rule will be
less than .6 percent of the retail value of ratites released from
quarantine.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
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 disease, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 92 is amended 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 continues 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).
Subpart A to Part 92--[Amended]
2. In part 92, Subpart A--Birds, footnotes 2 through 13 and the
references to them are redesignated as footnotes 3 through 14,
respectively.
3. In Sec. 92.100, the definition of pen-raised is revised, and a
definition of production season is added to read as follows:
Sec. 92.100 Definitions.
* * * * *
Pen-raised. Cared for in a fenced enclosure, such that the ratites
are kept apart from wild ratites, poultry, and other animals; can be
readily observed, and be restrained for inspection and treatment. A
flock is not considered to be pen-raised if ratites captured in the
wild have been added to it after March 8, 1994.
* * * * *
Production season. That period of time, usually approximately 9
months each year, from the time ratites in a flock begin laying eggs
until the ratites cease laying eggs.
* * * * *
4. Section 92.101 is amended by revising paragraph (b)(3)(i) to
read as follows:
Sec. 92.101 General prohibitions; exceptions.
* * * * *
(b) * * *
(3)(i) Except for ratites imported as zoological birds, ratites and
hatching eggs of ratites shall not be imported into the United States
unless the following conditions are met: (A) The ratites or hatching
eggs are produced by a pen-raised flock, and, in the case of ratites,
maintained in a pen-raised flock;
(B) Each ratite produced in the flock is identified with an
identification number by means of a microchip implanted in the pipping
muscle at 1-day of age, each ratite added from outside the flock is
identified in like manner upon arrival in the flock, except that the
microchip need not be implanted in the pipping muscle, and each ratite
already in the flock as of March 8, 1994 is identified in like manner,
prior to the next visit to the flock premises by an APHIS
representative under Sec. 92.103(a)(2)(iii), except that the microchip
need not be implanted in the pipping muscle;
(C) On the date it is produced, each hatching egg produced in the
flock is marked in indelible ink with the date of production.
(D) The owner or manager of the premises from which the ratites or
hatching eggs are intended for importation into the United States
maintains on a daily basis a register listing the following: (1) Number
of live ratites hatched in the flock or added to the flock, and number
of live ratites removed from the flock, and the microchip number for
each of these ratites;
(2) Number of eggs produced in the flock and date of production,
and number of eggs removed from the flock and date of production; and
(3) Number of eggs in incubator/hatcher and date of production;
(E) The owner or manager of the premises submits a copy of the
registers to the National Veterinary Service of the country of export
on a quarterly basis. The country of export in turn submits a copy of
the registers to the Administrator on a quarterly basis;2
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\2\Copies should be mailed to Administrator, c/o Import-Export
Animals Staff, National Center for Import-Export, Veterinary
Services, APHIS, USDA, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782.
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(F) The country from which the ratites or hatching eggs are
exported to the United States maintains a registry of premises that
wish to export ratites or hatching eggs of ratites to the United
States, that lists each ratite according to the microchip number
required under paragraph (b)(3)(i)(D) of this section, and also
maintains a count of hatching eggs of ratites produced on or added to
the premises;
(G) Before a premises is added to the registry, either a veterinary
officer of the national government of the country of export, or an
employee of that government responsible for the protection of fish and
wildlife, visits the premises and determines that all ratites and
hatching eggs of ratites are identified as required under paragraphs
(b)(3)(i)(B) and (b)(3)(i)(C) of this section.
(H) The country from which the ratites or hatching eggs of ratites
are exported to the United States requires each premises from which
ratites or hatching eggs of ratites are exported to the United States
to receive approval from the National Veterinary Service of that
country before ratites are added to the premises from outside the
premises, and also prohibits the addition of ratites to a flock during
production seasons;
(I) The country from which ratites or hatching eggs of ratites are
exported to the United States establishes a maximum number of hatching
eggs of ratites that may be produced on each premises over a set
production season. The ceiling for each premises is calculated jointly
by a full-time salaried veterinary officer of the national government
of the country of export and the APHIS representative who conducts the
site visit required under Sec. 92.103(a)(2)(iii);
(J) The country of export conducts random inspections of each
premises intending to export ratites or hatching eggs of ratites to the
United States, at least twice during each production season, to ensure
that all ratites and hatching eggs of ratites on the premises are
identified as required under paragraphs (b)(3)(i)(D) and (b)(3)(i)(E)
of this section. These inspections must be conducted by either a
veterinary officer of the national government of the country of export
or an employee of that government responsible for the protection of
fish and wildlife. If any ratites or hatching eggs are not identified
as required, the country of export must not issue the export
certificate required under Sec. 92.104(a). The country of export must
record, on the copy of the quarterly report required to be sent to the
Administrator under paragraph (b)(3)(i)(E) of this section, whether all
ratites and hatching eggs are identified as required;
(K) The country of export requires each premises on which ratites
or hatching eggs of ratites intended for export to the United States
are kept to submit to the National Veterinary Service of that country a
copy of the certificate required under Sec. 92.104(a);
(L) The person intending to import ratites into the United States
provides the APHIS veterinary inspector at the intended port of entry
with a reader capable of reading the microchip implanted in each of the
ratites.
* * * * *
5. In Sec. 92.103, new paragraphs (a)(2)(iv), (a)(2)(v),
(a)(2)(vi), and (a)(2)(vii) are added to read as follows:
Sec. 92.103 Import permits for birds8; and reservation fees for
space at quarantine facilities maintained by APHIS.
---------------------------------------------------------------------------
\8\For other permit requirements for birds, the regulations
issued by the U.S. Department of the Interior (50 CFR parts 14 and
17) should be consulted.
---------------------------------------------------------------------------
(a) * * *
(2) * * *
(iv) A permit to import ratites or hatching eggs of ratites will be
denied or withdrawn if an inspection of the premises of the flock or
origin, carried out by the national government of the country of export
under Sec. 92.101 (b)(3)(i)(G) and (b)(3)(i)(J), indicates that the
ratites and hatching eggs are not identified and marked as required
under Secs. 92.101 (b)(3)(i)(B) and (b)(3)(i)(C).
(v) A permit will be denied or withdrawn if: (A) The importer or a
person responsibly connected with the importer's business is or has
been convicted of any crime under any law regarding the import or
export of goods, regarding the illegal movement of goods within a
country, or involving fraud, bribery, extortion or any other crime
involving a lack of the integrity needed for the conduct of operations
affecting the importation of ratites, as determined by the
Administrator.
(B) The operator of the farm of the flock of origin, or a person
responsibly connected with the owner of the flock of origin, is or has
been convicted of any crime under any law regarding the import or
export of goods, regarding the illegal movement of goods within a
country, or involving fraud, bribery, extortion or any other crime
involving a lack of the integrity needed for the conduct of operations
affecting the importation of ratites, as determined by the
Administrator.
(vi) For the purposes of this section, a person shall be deemed to
be responsibly connected with the importer's business or the owner of
the flock of origin if such person has an ownership, mortgage, or lease
interest in the physical plant of the importer's business or the farm
of the flock of origin, or if such person is a partner, officer,
director, holder or owner or 10 per centum or more of the voting stock
of the importer's business or the farm of the flock of origin, or is an
employee of the importer or the owner of the flock of origin.
(vii) A permit may be denied or withdrawn at any time by the
Administrator, for any of the reasons provided in paragraphs (a)(2)
(ii), (iii), (iv), or (v) of this section. Before such action is taken,
the importer or the operator of the farm of the flock of origin will be
informed of the reasons for the proposed action and, upon request in
case of a dispute of material facts, shall be afforded an opportunity
for a hearing with respect to the merits or validity of such action, in
accordance with rules of practice which shall be adopted for the
proceeding. However, withdrawal of a permit shall become effective
pending final determination in the proceeding, when the Administrator
determines that such action is necessary to protect the public health,
interest, or safety. Such withdrawal shall be effective upon oral or
written notification, whichever is earlier, to the importer or the
operator of the farm of the flock of origin. In the event of oral
notification, written confirmation shall be given to the importer or
the operator of the farm of the flock of origin as promptly as
circumstances permit. This withdrawal shall continue in effect pending
the completion of the proceeding and any judicial review thereof,
unless otherwise ordered by the Administrator.
* * * * *
6. Section 92.104 is amended by redesignating paragraphs (c)(12)
and (c)(13) as paragraphs (c)(15) and (c)(16), and by adding new
paragraphs (c)(12), (c)(13), and (c)(14), and paragraphs (d)(8),
(d)(9), and (d)(10) to read as follows:
Sec. 92.104 Certificate for pet birds, commercial birds, zoological
birds, and research birds.
* * * * *
(c) * * *
(12) The number of ratites contained in the shipment;
(13) That the number of ratites and hatching eggs of ratites
exported from the flock of origin has not exceeded the ceiling
established under Sec. 92.101(b)(2)(iii)(I);
(14) That all ratites in the flock from which the hatching eggs
come were identified in accordance with Sec. 92.101(b)(3)(i)(B);
* * * * *
(d) * * *
(8) The number of hatching eggs contained in the shipment;
(9) That the number of ratites hatching eggs of ratites exported
from the flock of origin has not exceeded the ceiling established under
Sec. 92.101(b)(2)(iii)(I); and
(10) That all ratites in the flock from which the hatching eggs
come were identified in accordance with Sec. 92.101(b)(3)(i)(B).
Done in Washington, DC, this 1st day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-5164 Filed 3-7-94; 8:45 am]
BILLING CODE 3410-34-P
