[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13898-13900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6372]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 92
[Docket No. 94-085-1]
Importation of Sheep and Goats From Canada and Mexico
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule.
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SUMMARY: We are amending the regulations for importing sheep and goats
from Canada and Mexico to require that, with the exception of sheep and
goats imported through land border ports for immediate slaughter, and
wethers imported through land border ports, all sheep and goats
imported into the United States from Canada and Mexico be accompanied
by an import permit. This change is necessary to prevent the
importation of sheep and goats that may be affected with scrapie.
DATES: Interim rule effective March 10, 1995. Consideration will be
given only to comments received on or before May 15, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-085-1, Animal and Plant Health Inspection Service, Policy
and Program Development, Regulatory Analysis and Development, 4700
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your
comments refer to Docket No. 94-085-1. 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. Joyce Bowling, Staff Veterinarian,
or Dr. Roger Perkins, Staff Veterinarian, Animal and Plant Health
Inspection Service, Veterinary Services, National Center for Import and
Export, 4700 River Road Unit 38, Riverdale, MD 20737-1228. Telephone:
(301) 734-8170. [[Page 13899]]
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92 (referred to below as ``the
regulations'') govern the importation into the United States of live
animals, including sheep and goats, to prevent those infected with
scrapie from transmitting the disease to livestock in the United
States.
Scrapie is a progressive degenerative disease of the central
nervous system of sheep and goats. Scrapie occurs more often in certain
flocks and herds and certain bloodlines, indicating that these animals
may be genetically predisposed to become infected with or develop the
disease. Scrapie may also be transmitted by breeding and other physical
contact between animals.
The disease develops slowly, with an incubation period lasting up
to 5 years. The signs which then become manifest may include
nervousness, incoordination, slight muscular tremors, visible weight
loss, lack of luster in the animals' wool, and itching. Affected
animals become debilitated and die. There is no diagnostic test for
confirming the presence of the disease in a live animal. Therefore,
presence of the disease cannot be detected until an animal becomes
clinically ill. There is no known treatment for the disease. The impact
of the disease in the United States could increase if spread of the
disease is not controlled, or if incidence of the disease increases.
The regulations are intended to prevent the importation of animals that
could transmit scrapie.
Import Permits
One way we have of ensuring that sheep and goats intended for
importation into the United States are healthy is by reviewing
background information concerning the animals that is supplied when an
importer applies for a permit to import the animals. The requirements
for obtaining a permit to import sheep and goats and other ruminants
are contained in Sec. 92.404.
Before the effective date of this interim rule, the regulations
required that importers obtain an import permit for all sheep and goats
intended for importation into the United States from any part of the
world, except for certain sheep and goats imported from Canada or
Mexico through land border ports, and certain sheep and goats moved
from the British Virgin Islands to the U.S. Virgin Islands for
immediate slaughter. These exceptions were contained in
Secs. 92.417(a), 92.424(a), and 92.422(a), respectively.
With two exceptions, this interim rule requires all sheep and goats
imported into the United States from Canada or Mexico to be accompanied
by an import permit. This is because sheep and goats, with the
exceptions explained below, that are imported from Canada or Mexico
through a land border port could be infected with and transmit scrapie
to livestock in the United States. The exceptions are sheep and goats
imported for immediate slaughter and wethers.
Sheep and goats, as well as other ruminants imported from Canada
and Mexico for immediate slaughter must, under our regulations, be
consigned from the port of entry to a recognized slaughtering
establishment and be slaughtered there within 2 weeks of importation
(see Sec. 92.400, the definition of immediate slaughter, and
Secs. 92.420 and 92.429). Wethers are castrated male sheep or goats.
They are incapable of breeding and are imported for feeding and
subsequent slaughter. According to industry practice, wethers are kept
in confinement during feeding. Under these circumstances, neither
wethers nor sheep and goats imported for immediate slaughter from
Canada or Mexico pose any significant threat of transmitting scrapie to
livestock in the United States.
By requiring a permit for other sheep and goats intended for
importation from Canada or Mexico through a land border port, we will
have an opportunity to review background information on the animals and
determine whether the animal may be infected with scrapie, which cannot
be detected by visual inspection at the border.
We are not exempting from our permit requirements sheep and goats
imported for immediate slaughter from countries other than Canada or
Mexico. Neither are we exempting from our permit requirements wethers
imported from countries other than Canada or Mexico. The exemption from
our permit requirements for wethers and for sheep and goats for
immediate slaughter are only for those sheep and goats that are
imported from Canada and Mexico through a land border port, where
inspectors can check the animals for disease and ectoparasites before
the animals cross the border into the United States.
In connection with the amendments discussed above, we are adding a
definition for wether to the definitions in Sec. 92.400, as follows:
``A castrated male sheep or goat.''
Effective Date
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. We have been made
aware that sheep and goats impregnated with embryos from animals in
countries affected with scrapie will be presented for importation into
the United States from Canada in the next few days or weeks. We will be
unable to identify these animals because our regulations currently
allow them to be imported into the United States without an import
permit.
We are not aware of any similar animals to be presented for
importation from Mexico. However, a similar situation could occur at
any time with regard to sheep and goats from Mexico because certain
sheep and goats imported into the United States from Mexico through
land border ports are not required to have an import permit. If such a
situation did occur, we would probably have little or no notice, and
without a permit requirement we could not identify animals from Mexico
which could transmit scrapie to livestock in the United States.
The only other sheep and goats which can be imported into the
United States without a permit are certain ruminants moving from the
British Virgin Islands to the U.S. Virgin Islands for immediate
slaughter. Because these animals are moving to slaughter, they do not
pose any disease threat.
Immediate action is therefore necessary to prevent the importation
of sheep and goats that may transmit scrapie to U.S. livestock. 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 signature. 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 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.
This rule requires an import permit for certain sheep and goats
imported into the United States from Canada and Mexico through a land
border port.
Between December of 1993 and December of 1994, 30,614 sheep and
goats were imported from Canada [[Page 13900]] through a land border
port; none were imported from Mexico through a land border port. Over
97 percent of these sheep and goats were wethers or were imported for
immediate slaughter. Wethers and sheep and goats imported through land
border ports for immediate slaughter continue to be exempt from the
requirement for an import permit. Based on these numbers, we expect
that only 3 percent of sheep and goats imported from Canada or Mexico
through land border ports will be required to be accompanied by an
import permit under this rule. There is no fee for the import permit.
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 rule have been approved by the Office of Management
and Budget (OMB), and there are no new requirements. The assigned OMB
control number is 0579-0040.
List of Subjects in 9 CFR Part 92
Animal diseases, 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).
2. Section 92.400 is amended by adding a definition for Wether, in
alphabetical order, to read as follows:
Sec. 92.400 Definitions.
* * * * *
Wether. A castrated male sheep or goat.
* * * * *
3. Section 92.417 is amended as follows:
a. In paragraph (a), the introductory text is amended by adding,
immediately before the colon at the end of the text, the word: ``is''.
b. Paragraphs (a)(1) and (a)(2) are redesignated as paragraphs
(a)(3)(i) and (a)(3)(ii), respectively; and new paragraphs (a)(1),
(a)(2), and (a)(3) are added to read as follows:
Sec. 92.417 Import permit and declaration for ruminants.
(a) * * *
(1) A wether;
(2) A sheep or goat imported for immediate slaughter; or
(3) A ruminant other than a sheep or goat and that ruminant:
* * * * *
4. Section 92.424 is amended as follows:
a. In paragraph (a), the introductory text is amended by adding,
immediately before the colon at the end of the text, the word ``is''.
b. Paragraphs (a)(1), (a)(2), and (a)(3) are redesignated as
paragraphs (a)(3)(i), (a)(3)(ii), and (a)(3)(iii), respectively; and
new paragraphs (a)(1), (a)(2), and (a)(3) are added to read as follows:
Sec. 92.424 Import permits and applications for inspection of
ruminants.
(a) * * *
(1) A wether;
(2) A sheep or goat imported for immediate slaughter; or
(3) A ruminant other than a sheep or goat and that ruminant:
* * * * *
Done in Washington, DC, this 10th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-6372 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-34-P
