[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4486]


[Federal Register: February 28, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
9 CFR Part 95

[Docket No. 92-135-2]


Importation of Hoofs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the animal byproduct importation regulations 
to allow hoofs that have been disinfected in their country of origin to 
be imported into the United States without further processing. 
Currently, certain hoofs imported into the United States must be 
consigned from the port of first arrival to an approved establishment 
having facilities for their disinfection. We have determined, however, 
that hoofs that have been adequately disinfected in their country of 
origin may be imported into the United States without risk of 
introducing disease. This change in the regulations will give importers 
of hoofs that require disinfection a choice between importing 
disinfected hoofs and importing unprocessed hoofs for disinfection in 
the United States.

EFFECTIVE DATE: March 15, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. John H. Gray, Senior Staff 
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 756, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 95 (referred to below as ``the 
regulations'') contain restrictions on the importation into the United 
States of certain animal byproducts and hay and straw in order to 
prevent the introduction of certain animal diseases. Among the 
regulated animal byproducts are animal hoofs, which, along with bones 
and horns, may be imported subject to the restrictions contained in 
Secs. 95.11 and 95.12.
    On July 13, 1993, we published in the Federal Register (58 FR 
37669-37670, Docket No. 92-135-1) a proposal to amend the regulations 
to allow hoofs that have been disinfected in their country of origin, 
using one of five approved disinfection methods specified in the 
proposed rule, to be imported into the United States without additional 
treatment. We proposed to require that the hoofs be accompanied by a 
certificate issued by the national government of the country of origin 
and signed by an official veterinary inspector of that country stating 
that the hoofs have been disinfected and describing the manner in which 
the disinfection was accomplished.
    We solicited comments concerning our proposal for a 60-day comment 
period ending September 13, 1993. We received one comment by that date, 
from a veterinary medical association. The comment fully supported our 
proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule removes 
restrictions on the importation of hoofs by allowing hoofs that have 
been processed in their country of origin to be imported into the 
United States without further processing. We have determined that 
approximately 2 weeks are needed to ensure that Animal and Plant Health 
Inspection Service personnel at ports of entry receive official notice 
of this change in the regulations. Therefore, the Administrator of the 
Animal and Plant Health Inspection Service has determined that this 
rule should be made effective 15 days after publication in the Federal 
Register.

Executive Order 12866 and Regulatory Flexibility Act

    We are issuing this rule in conformance with Executive Order 12866. 
Based on information compiled by the Department, we have determined 
that this rule: (1) Will have an effect on the economy of less than 
$100 million; (2) will 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) will not create a serious inconsistency 
or otherwise interfere with an action taken or planned by another 
agency; (4) will not alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or rights and obligations of 
recipients thereof; and (5) will not raise novel legal or policy issues 
arising out of legal mandates, the President's priorities, or 
principles set forth in Executive Order 12866.
    We have required certain hoofs imported into the United States to 
be consigned directly from the port of entry to an approved 
establishment that has facilities for their disinfection. This rule 
will allow hoofs to be imported into the United States without further 
processing if the hoofs have been disinfected using an approved method 
in their country of origin. We believe that adding this option will 
have little or no economic impact on U.S. importers of hoofs because it 
will not significantly decrease their cost of doing business. The 
primary impact on these importers will be the added convenience of 
having two importation options from which to choose.
    The primary use of disinfected hoofs appears to be in the 
production of dog chews, but that industry is still in its infancy and 
is rather small in terms of production and numbers of producers. Based 
on information available to the Department, we estimate that there are 
currently fewer than 10 importers of hoofs and approximately 6 
producers of dog chews made from hoofs. Using the Small Business 
Administration's size criteria of fewer than 100 employees, all of 
these businesses would be considered small entities.
    We believe that a few of these businesses receive hoofs from both 
foreign and domestic sources. Because the industry is small and 
relatively new, however, there are no records available concerning the 
number of hoofs imported into the United States or the levels of dog 
chew production.
    The facilities in which hoofs are disinfected handle a variety of 
items, with hoofs making up only a small percentage of the total volume 
of products processed. Therefore, we anticipate that allowing hoofs to 
be processed in their country of origin will have little, if any, 
economic impact on domestic processors in terms of lost volume and 
revenue.
    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 final 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 final rule will be submitted for approval to the 
Office of Management and Budget.

List of Subjects in 9 CFR Part 95

    Imports, Livestock, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 95 is amended as follows:

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

    1. The authority citation for part 95 is revised to read as 
follows:

    Authority: 21 U.S.C. 111, 136, and 136a; 31 U.S.C. 9701; 7 CFR 
2.17, 2.51, and 371.2(d).

    2. Section 95.11 is amended as follows:
    a. The section heading is revised as set forth below.
    b. The undesignated text of the section is designated as paragraph 
(a).
    c. A new paragraph (b) is added to read as set forth below.


Sec. 95.11  Bones, horns, and hoofs for trophies or museums; 
disinfected hoofs.

* * * * *
    (b) Clean, dry hoofs disinfected in the country of origin may be 
imported without other restrictions if the following conditions are 
met:
    (1) The hoofs have been disinfected using one of the following 
methods:
    (i) Dry heat at 180 deg.F (82.2 deg.C) for 30 minutes;
    (ii) Soaking in boiling water for 20 minutes;
    (iii) Soaking in a 0.1 percent chlorine bleach solution for 2 
hours;
    (iv) Soaking in a 5 percent acetic acid solution for 2 hours; or
    (v) Soaking in a 5 percent hydrogen peroxide solution for 2 hours.
    (2) The hoofs are accompanied by a certificate issued by the 
national government of the country of origin and signed by an official 
veterinary inspector of that country stating that the hoofs have been 
disinfected and describing the manner in which the disinfection was 
accomplished.

    Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4486 Filed 2-25-94; 8:45 am]
BILLING CODE 3410-34-P