[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11677]
[[Page Unknown]]
[Federal Register: May 13, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 54 and 91
[Docket No. 93-070-1]
Inspection and Handling of Livestock for Exportation
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the ``Inspection and Handling of
Livestock for Exportation'' regulations to provide that United States
origin health certificates include all test results, certifications, or
other statements required by the foreign country of destination. This
action appears necessary to ensure that the origin health certificate
contains all of the information required by the foreign country of
destination. We are also proposing to amend the requirements concerning
scrapie for sheep and goats intended for export. This action would
clarify the regulations and make the terminology used in the export
regulations consistent with that used in our domestic scrapie
regulations. We are also proposing to revise one definition in the
domestic scrapie regulations to make the definitions in those
regulations consistent with each other.
DATES: Consideration will be given only to comments received on or
before July 12, 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. 93-070-1. 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 requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Najam Faizi, Senior Staff
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 762, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 91, ``Inspection and Handling of
Livestock for Exportation'' (referred to below as the regulations),
prescribe conditions for exporting animals from the United States. The
regulations provide, among other things, that all animals intended for
exportation to a foreign country, except animals intended for
exportation to Mexico or Canada and cattle from Mexico imported into
the United States in bond for temporary feeding and return to Mexico,
must be accompanied from the State of origin of the export movement to
the port of embarkation by an origin health certificate. All animals
intended for exportation to Mexico or Canada, except cattle from Mexico
imported into the United States in bond for temporary feeding and
return to Mexico, must be accompanied from the State of origin of the
export movement to the border of the United States by an origin health
certificate.
The regulations state that the origin health certificate shall
certify that the animals were inspected within the 30 days prior to the
date of the movement of the animals for export, and were found to be
sound, healthy, and free from evidence of communicable disease and
exposure to communicable disease. The origin health certificate, issued
by an Animal and Plant Health Inspection Service (APHIS) representative
or an accredited veterinarian, must be endorsed by an authorized APHIS
veterinarian in the State of origin. The origin health certificate must
also include any test results added by the authorized APHIS
veterinarian pursuant to 9 CFR 161.3, which allows test results to be
added to an origin health certificate after it is issued or signed by
an accredited veterinarian. (Because of a typographical error, the
reference in part 91 is to ``Sec. 161.2.'' As part of this proposed
rule, this reference would be corrected.) The origin health certificate
must individually identify the animals in the shipment as to species,
breed, sex, and age, and, if applicable, must also show registration
name and number, tattoo markings, or other natural or acquired
markings.
In addition to the information described in the preceding
paragraph, a foreign country of destination may require that its health
requirements be added to the origin health certificate. Because these
requirements are not imposed by the United States, and may vary from
export to export depending on the requirements of the destination
country, they are not set out in our regulations. However, unless all
information required by a foreign government is included on the origin
health certificate, that animal may be refused entry into the foreign
country upon export. To help prevent the return of animals to the
United States because they were refused entry in another country, we
are proposing to amend Sec. 91.3 to require that the origin health
certificate include any test results, certifications, or other
statements required by the foreign country of destination.
Exportation of Sheep and Goats
The regulations in 9 CFR part 91 also set forth the conditions
under which sheep and goats are eligible for exportation with regard to
scrapie. Scrapie is a progressive degenerative disease of the central
nervous system of sheep and goats. The signs that become manifest may
include nervousness, incoordination, slight muscular tremors, visible
weight loss, lack of luster in the animal's wool, and itching. Infected
animals become debilitated and die.
The regulations in Secs. 91.6(a)(3) and 91.8(a) provide that a goat
or sheep shall not be exported if it is affected with or exposed to
scrapie; if it originated from, or has been on, any premises which then
were infected or source flock premises; if it is the progeny, sire or
dam, or full or half brother or sister of any animal found to be
affected with scrapie; or if it was moved from premises located in an
area quarantined for scrapie.
Under the current regulations, infected premises are those on which
an animal has been found to be infected with scrapie, and source flock
premises are those premises from which an affected animal was moved
within 18 months or less prior to showing signs of scrapie.
When the 18-month time period was established for source flocks,
existing biological evidence indicated that the incubation period for
scrapie was less than 18 months. Therefore, flocks from which an
affected animal was moved more than 18 months prior to showing signs of
scrapie were not considered to be at risk from the scrapie-affected
animal. However, evidence now available indicates that scrapie develops
more slowly than previously thought, with an incubation period that
could last for years, and that averages more than 18 months. Therefore,
a flock from which a sheep or goat was moved more than 18 months prior
to showing signs of scrapie could be at risk from the affected animal.
We are therefore proposing to amend Secs. 91.6 and 91.8 by removing
footnote 4, which refers to source flock premises as those premises
from which an affected animal was moved within 18 months or less prior
to showing signs of scrapie, and to define ``source flock'' as defined
below.
We are proposing to amend Secs. 91.6 and 91.8 to prohibit the
exportation of scrapie positive animals and all animals from infected
flocks, source flocks, and trace flocks, as defined in both 9 CFR part
54 (which describes the Voluntary Scrapie Flock Certification Program
in place in the United States) and 9 CFR part 79 (which imposes
interstate movement restrictions for sheep and goats). We are also
proposing to prohibit the exportation of exposed animals, as defined in
part 79, and to amend the definition of scrapie-exposed animals in part
54 to update it and make it consistent with the definition of exposed
animal in part 79. The definitions of exposed animal, infected flock,
scrapie-positive animal, source flock, and trace flock, as set forth in
part 79 and part 54 (except for exposed animal), are as follows:
Exposed animal. Any animal which has been in the same flock at the
same time within the previous 60 months as a scrapie-positive animal,
excluding limited contacts. Limited contacts are contacts between
animals that occur off the premises of the flock, and do not occur
during or immediately after parturition for any of the animals
involved. Limited contacts do not include commingling (when animals
concurrently share the same pen or same section in a transportation
unit where there is uninhibited physical contact).
Infected Flock. Any flock in which a Veterinary Services
representative or State representative has determined an animal to be a
scrapie-positive animal. A flock will no longer be an infected flock
after it has completed the requirements of a flock plan.
Scrapie-positive animal. An animal for which a diagnosis of scrapie
has been made by the National Veterinary Services Laboratories, United
States Department of Agriculture, or another laboratory authorized by
the Administrator to conduct scrapie tests in accordance with (9 CFR
part 79), through histological examination of central nervous system
samples from the animal for microscopic lesions in the form of neuronal
vacuoles or spongy degeneration, or by the use of protease-resistant
protein analysis or other confirmation techniques used in conjunction
with histological examination.
Source flock. A flock in which a Veterinary Services representative
has determined that at least two animals, that were diagnosed as
scrapie-positive animals at an age of 54 months or less, were born. In
order to be a source flock, the second scrapie-positive diagnosis must
be made within 60 months of the first scrapie-positive diagnosis. A
flock will no longer be considered a source flock after it has
completed the requirements of a flock plan.
Trace flock. A flock in which a Veterinary Services representative
has determined that one animal, which was diagnosed as a scrapie-
positive animal at an age of 54 months or less, was born.
We consider each of the flocks and animals described in these
definitions to pose a risk of transmitting scrapie. The proposed
changes to the regulations would both ensure that such animals are not
exported, and make the terminology used in part 91 consistent with that
used in our domestic scrapie regulations.
We are making several other changes to the export provisions in
Secs. 91.6(a) and 91.8(a). As noted above, those paragraphs prohibit
the export of a sheep or goat if it was moved from premises located in
an area quarantined for scrapie, or if it is the progeny, sire or dam,
or full or half brother or sister of any animal found to be affected
with scrapie.
The prohibition of the export of sheep and goats from premises in a
quarantined area is outdated. The provisions that formerly were set
forth in part 79 for quarantining areas in which scrapie exists have
been replaced in part 54 with a program focusing on individual flocks.
Therefore, we are proposing to remove the prohibition, in Secs. 91.6(a)
and 91.8(a), of the export of sheep and goats from premises in an area
quarantined for scrapie.
We are also proposing to make nonsubstantive changes to the wording
in Secs. 91.6(a) and 91.8(a). We would replace the words ``sire or
dam'' with the word ``parent,'' and would replace the words ``full or
half brother or sister'' with the word ``sibling.''
Definition of Scrapie-Exposed Animals in 9 CFR part 54
As noted above, the definition of scrapie-exposed animals in part
54 differs from the definition of exposed animals in part 79. The
definition in part 54 reads as follows:
Scrapie-exposed animals. Animals, other than affected or bloodline
animals, in a flock in which an affected animal has been diagnosed by a
Veterinary Services representative or state representative. Animals in
the flock are no longer considered exposed after they are destroyed or
upon the flock's release from surveillance by state animal health
officials.
This definition is outdated and does not reflect current practice.
For instance, we no longer conduct a bloodline program, nor is
surveillance conducted under the current voluntary flock certification
program. The definition of exposed animal in part 79 (set forth above)
was published as part of the current program, and does reflect current
practice. Therefore, we are proposing to amend Sec. 54.1 to remove the
definition of scrapie-exposed animals and to add the same definition of
exposed animal that appears in Sec. 79.1.
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 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 regarding the impact of this proposed
rule on small entities. This proposed rule may have a significant
economic impact on a substantial number of small entities. However, we
do not currently have all the data necessary for a comprehensive
analysis of the effects of this rule on small entities. Therefore, we
are inviting comments concerning potential impacts. In particular, we
are interested in determining the number and kind of small entities
that may incur benefits or costs from implementation of this proposed
rule.
Under 21 U.S.C. 105, 113, 120, 121, 612, 613, and 614, the
Secretary of Agriculture is authorized to promulgate regulations to
require inspection and certification of animals intended for export
from the United States, and to take other measures to prevent the
exportation of diseased livestock.
Under this proposed rule, we would require that the origin health
certificate required for animals exported from the United States
include any test results, certifications, or other statements required
by the foreign country of destination. Under this proposed rule, we
would also revise the export regulations in Secs. 91.6(a)(3) and
91.8(a) to make them consistent with the regulations in 9 CFR parts 54
and 79 regarding the Voluntary Scrapie Flock Certification Program.
We anticipate the proposed changes involving certification will
have little or no impact on small domestic exporters. In order for
exporters to sell their animals abroad, the animals must meet the
import requirements of the country of destination. Therefore, it is in
the exporter's interest, even under the current regulations, to ensure
that those requirements are met. The proposed change would require only
that the origin health certificate include all test results,
certifications, or other statements required by the country of
destination. However, estimates of the number of animals and the number
of small entities that would be affected, and the potential costs to
exporters, are not available.
The proposed changes concerning sheep and goats with regard to
scrapie would affect some producers. Under the current regulations in
part 91, sheep and goats from source flock premises may not be
exported, and source flock premises are considered those from which an
animal affected with scrapie was moved within 18 months or less prior
to showing signs of scrapie.
Under the proposed regulations, the export of sheep and goats from
source flocks would continue to be prohibited, but the meaning of
``source flock'' would be revised to mean a flock in which at least two
animals were diagnosed as scrapie-positive animals at an age of 54
months or less, provided the second diagnosis was made within 60 months
of the first, and provided the requirements of a flock plan have not
been completed. This change would make the regulations more
restrictive, and could increase the number of animals prohibited
exportation because they originated in a source flock. However, as of
September 1993, there were only 8 source flocks in the United States.
Although the proposed change would apply to both sheep and goats,
at present the number of goats being exported is minimal.
There are approximately 92,500 sheep farms in the United States,
with approximately 11 million sheep. The large majority of these are
small entities. Ninety-nine percent of the sheep farms in this country
each have annual sales totalling less than $500,000, and approximately
77,000 have fewer than 100 sheep. In 1992, there were approximately
830,000 sheep exported from the United States.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
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 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.
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 have been approved by the Office of
Management and Budget (OMB) under OMB control number 0579-0020.
List of Subjects
9 CFR Part 54
Animal diseases, Goats, Indemnity payments, Sheep.
9 CFR Part 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR parts 54 and 91 would be amended as follows:
PART 54--CONTROL OF SCRAPIE
1. The authority citation for part 54 would continue to read as
follows:
Authority: 21 U.S.C. 111, 114, 114a, 134a-134h; 7 CFR 2.17,
2.51, and 371.2(d).
2. Section 54.1 would be amended by removing the definition of
scrapie-exposed animals and by adding, in alphabetical order, a
definition of exposed animal to read as follows:
Sec. 54.1 Definitions.
* * * * *
Exposed animal. Any animal which has been in the same flock at the
same time within the previous 60 months as a scrapie-positive animal,
excluding limited contacts. Limited contacts are contacts between
animals that occur off the premises of the flock, and do not occur
during or immediately after parturition for any of the animals
involved. Limited contacts do not include commingling (when animals
concurrently share the same pen or same section in a transportation
unit where there is uninhibited physical contact).
* * * * *
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
3. The authority citation for part 91 would be revised to read as
follows:
Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,
136, 136a, 612, 613, 614, 618; 46 U.S.C. 466a, 466b; 49 U.S.C.
1509(d); 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 91.3 [Amended]
4. In Sec. 91.3, paragraph (a) would be amended by removing
``Sec. 161.2'' in the fourth sentence and replacing it with
``Sec. 161.3(k) of this chapter'', and by adding a new sentence at the
end of the paragraph to read as follows: ``The origin health
certificate shall include all test results, certifications, or other
statements required by the foreign country of destination.''
5. In Sec. 91.6, paragraph (a)(3) would be revised as set forth
below, and footnote 4 would be removed.
Sec. 91.6 Goats.
(a) * * *
(3) No goat will be exported if it is a scrapie-positive animal or
an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has
ever been in an infected flock, source flock, or trace flock, as
defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or
sibling of any scrapie-positive animal.
* * * * *
6. In Sec. 91.8, paragraph (a) would be revised to read as follows:
Sec. 91.8 Sheep.
(a) No sheep shall be exported if it is a scrapie-positive animal
or an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has
ever been in an infected flock, source flock, or trace flock, as
defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or
sibling of any scrapie-positive animal.
* * * * *
Secs. 91.6 and 91.8 [Amended]
7. In Sec. 91.6, paragraph (a)(5), and Sec. 91.8, paragraph (a)(2),
footnote 5 and the references to footnote 5 would be redesignated as
footnote 4.
Done in Washington, DC, this 9th Day of May, 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-11677 Filed 5-12-94; 8:45 am]
BILLING CODE 3410-34-P
