[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Rules and Regulations]
[Pages 36816-36817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17917]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 91-101-2]
Goats Imported From Mexico for Immediate Slaughter; Horse
Quarantine Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the animal importation regulations to clarify
the quarantine requirements for horses imported into the United States.
We are not taking final action in this document to remove the
requirements for a health certificate for goats imported into the
United States from Mexico for immediate slaughter.
EFFECTIVE DATE: August 14, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. David Vogt, Senior Staff
Veterinarian, Import/Export Animals, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228,
(301) 734-8170, or e-mail: dvogt@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 govern the importation into the
United
[[Page 36817]]
States of certain animals and poultry and certain animal and poultry
products. Section 92.308 establishes 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. However, our intention is that if a
facility's solid and impervious walls, floor or ceiling have openings,
they must be screened in accordance with Sec. 92.308(c)(2)(ii)(B).
On March 1, 1994, we published in the Federal Register (59 FR 9679-
9681, Docket No. 91-101-1) a proposal to amend the regulations by
removing 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.''
We also proposed, in the same Federal Register document, to amend
the regulations in Secs. 92.428 and 92.429, concerning importation of
goats by allowing goats from Mexico to be imported into the United
States without a health certificate if the goats were imported for
immediate slaughter.
We solicited comments concerning our proposal for 60 days ending
May 2, 1994. We received one comment addressing this proposed change to
Sec. 92.308(c)(2)(ii)(A), and the comment was supportive.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the portion of the proposal that pertained to horse
quarantine facilities as a final rule without change.
We received three comments on this proposed change to Secs. 92.428
and 92.429 by the close of the comment period. They were from a
research organization, a State agricultural department, and a goat
industry representative. One was supportive; the other two expressed
concern that the goats could present a disease risk.
The proposed provisions concerning goats are not adopted by this
document. At this time, we are considering major revisions to the
regulations for importing ruminants, including goats, and to the
regulations for importing swine and products of ruminants and swine.
Interested persons should see Docket No. 94-106-1 (61 FR 16978-17105),
a proposed rule published for comment on April 18, 1996. The three
comments received on the proposed change to Secs. 92.428 and 92.429
will be considered in conjunction with that rulemaking.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
This rule is making a minor change for clarity in our regulations
concerning horses subject to quarantine after importation into the
United States. Since this rule change is only a clarification, there
will be no economic impact on any large or small entities.
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 in conflict 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
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 2.22, 2.80, and 371.2(d).
Sec. 92.308 [Amended]
2. In Sec. 92.308, paragraph (c)(2)(ii)(A) is amended by removing
the phrase ``or be screened as provided in paragraph (c)(2)(ii)(B) of
this section''.
Done in Washington, DC, this 9th day of July 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-17917 Filed 7-12-96; 8:45 am]
BILLING CODE 3410-34-P
