[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4594]


[[Page Unknown]]

[Federal Register: March 1, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 91-101-1]

 

Goats Imported From Mexico for Immediate Slaughter; Horse 
Quarantine Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise the regulations concerning 
importation of animals into the United States to allow importation of 
goats from Mexico without a health certificate if the goats are 
imported for immediate slaughter within 2 weeks following importation. 
Goats imported from Mexico for immediate slaughter would have to be 
sprayed for ticks at the time of importation, would have to be 
inspected at the port of entry and found free from evidence of and 
exposure to both communicable animal disease and fever tick 
infestation, and would have to be moved directly from the port of entry 
to a recognized slaughtering establishment in a sealed vehicle.
    This change would allow goats from Mexico, that do not present a 
significant risk of spreading animal disease because they are bound for 
immediate slaughter, to be imported without meeting the health 
certificate requirements that are needed for goats not bound for 
immediate slaughter, which present a greater risk of spreading animal 
disease.
    We also propose to make a minor change for clarity in our 
regulations concerning horses subject to quarantine after importation 
into the United States.

DATES: Consideration will be given only to comments received on or 
before May 2, 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. 91-101-1. 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. Samuel Richeson, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 764, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 govern the importation into the 
United States of certain animals and poultry and certain animal and 
poultry products. Section 92.426 deals with inspection at the port of 
entry of ruminants (including goats) from Mexico, and Sec. 92.428 deals 
with health certification requirements for sheep, goats, and wild 
ruminants from Mexico. Section 92.429 addresses the importation of 
ruminants (excluding sheep and goats) from Mexico for immediate 
slaughter.
    Currently, Sec. 92.428 requires, in part, that goats from Mexico 
offered for importation into the United States be accompanied by a 
certificate issued by a salaried veterinarian of the Mexican government 
which states that the goats are not affected with, nor have been 
exposed to, scrapie and other communicable diseases, and which requires 
that ``[n]otwithstanding such certificate, such * * * goats shall be 
detained or quarantined as provided in Sec. 92.427 and shall be dipped 
at least once in a permitted scabies dip under supervision of an 
inspector.'' The currently required certificate must also state that 
the goats ``have been tested for tuberculosis and brucellosis with 
negative results within 30 days preceding their being offered for 
entry, and give the date and method of testing, the name of the 
consignor and of the consignee, and a description of the animals 
including breed, ages, markings, and tattoo and eartag numbers. 
Notwithstanding such certification, such goats shall be detained or 
quarantined as provided in Sec. 92.427 and retested for brucellosis.''
    We believe these requirements are not necessary to prevent the 
introduction or spread of animal disease in the case of goats imported 
from Mexico for immediate slaughter. These requirements were designed 
for animals which have significant opportunity to spread disease to 
other animals in the United States, such as through breeding or 
prolonged contact with other animals; goats moved for immediate 
slaughter following importation should not have these opportunities.
    We believe that goats may be imported from Mexico without 
presenting a significant disease risk if they are treated for ticks 
prior to their entry, and if they are moved directly from the port of 
entry to a recognized slaughtering establishment in a sealed vehicle, 
and slaughtered within 2 weeks.
    The tick treatment would control the possibility that disease-
bearing ticks could become dislodged from the goats and move to other 
animals in the United States. As a treatment for ticks, we propose that 
the goats be sprayed with a solution of 0.25 percent of an approved 
proprietary brand of coumaphos under the supervision of a port 
veterinarian. This treatment has been used effectively for many years 
to control ticks in goats and other ruminants, and the proper 
concentration of coumaphos is readily available in the form of 
commercial products such as Co-Ral.
    The requirement for movement in a sealed vehicle would prevent 
contact with other animals while the goats are en route to slaughter, 
and the requirement for slaughter within 2 weeks would reduce the 
possibility that the goats could come in contact with other animals 
while awaiting slaughter, or be diverted from slaughter. The 
requirement for direct movement appears necessary to minimize the risk 
of goats spreading disease to animals in the United States, should any 
of the imported goats have an infectious disease. As defined in 
Sec. 92.400, and consequently applicable here, ``moved directly'' is 
``[m]oved without unloading and without stopping except for refueling, 
or for traffic conditions such as traffic lights or stop signs.''
    Therefore, we propose to exempt goats imported from Mexico for 
immediate slaughter from the requirements of Sec. 92.428, and to allow 
their importation subject to the requirements described above, which we 
would add to Sec. 92.429.
    We do not propose to exempt goats imported from Mexico for 
immediate slaughter from any of the requirements currently contained in 
Secs. 92.424, 92.425, and 92.426 that apply to ruminants imported from 
Mexico. Section 92.424 requires the importer, subject to certain 
exceptions, to obtain an import permit for ruminants, and to deliver an 
application for inspection at the port of entry. Section 92.425 
requires the importer to present two copies of a declaration to the 
collector of customs at the port of entry, containing certain 
information about the importer, the animals offered for importation, 
and their destination. Section 92.426 provides for inspection of 
ruminants at the port of entry, and refusal of entry for ruminants 
found to be affected with or exposed to a communicable disease or 
infested with fever ticks.

Horse Quarantine Facilities

    Our regulations at 9 CFR 92.308 establish 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. That 
was not our intent when we originally promulgated this language. We 
simply meant that if a facility's solid and impervious walls, floor, or 
ceiling had openings, they must be screened in accordance with 
Sec. 92.308(c)(2)(ii)(B). Therefore, we propose to remove 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.''

Executive Order 12866 and Regulatory Flexibility Act

    We are issuing this proposed rule in conformance with Executive 
Order 12866. Based on information compiled by the Department, we have 
determined that this proposed rule: (1) Would have an effect on the 
economy of less than $100 million; (2) would 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) would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; (4) would not alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or rights and 
obligations of recipients thereof; and (5) would not raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or principles set forth in Executive Order 12866.
    This proposed amendment, if adopted, would allow importation of a 
small number of goats from Mexico under reduced paperwork requirements. 
This change would also relieve certain requirements for testing and 
veterinary examination. The goats eligible for such importation do not 
present a significant risk of spreading animal disease because they are 
bound for immediate slaughter. It is anticipated that no more than 100 
goats a year would be imported in accordance with the proposed 
regulations. The ability to import the goats would benefit several 
small businesses near the Mexican border that are interested in 
importing goats to meet local demands for goat meat. The expected scale 
of the imports would preclude any significant competition with large or 
small domestic goat producers.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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 in conflict 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 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 diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR part 92 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 would continue 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).


Sec. 92.308  [Amended]

    2. In Sec. 92.308(c)(2)(ii)(A) would be amended by removing the 
phrase ``or be screened as provided in paragraph (c)(2)(ii)(B) of this 
section''.


Sec. 92.428  [Amended]

    3. In Sec. 92.428, paragraph (a) introductory text, the first word 
``Sheep'' would be removed and the phrase ``Except for goats imported 
from Mexico for immediate slaughter in accordance with Sec. 92.429(b), 
sheep'' would be added in its place.
    4. In Sec. 92.428, paragraph (b), the phrase ``accompanying goats 
offered for importation from Mexico shall, in addition to the statement 
required by paragraph (a) of this section,'' would be removed and the 
phrase ``required by paragraph (a) of this section to accompany goats, 
shall also'' would be added in its place.


Sec. 92.429  [Amended]

    5. The existing text of Sec. 92.429 would be designated as 
paragraph (a); in the last sentence the phrase ``and goats'' would be 
removed; and a new paragraph (b) would be added to read as follows:


Sec. 92.429  Ruminants for immediate slaughter.

* * * * *
    (b) Goats imported from Mexico for immediate slaughter. Goats may 
be imported from Mexico for immediate slaughter, subject to the 
provisions of Secs. 92.424, 92.425, and 92.426. Such goats shall at the 
time of importation be sprayed for ticks with a solution of 0.25 
percent of an approved proprietary brand of coumaphos (Co-
Ral) under the supervision of a port veterinarian. Such goats 
shall be moved directly from the port of entry to a recognized 
slaughtering establishment and there slaughtered within 2 weeks from 
the date of entry. Such goats shall be moved from the port of entry in 
conveyances sealed with seals of the United States Department of 
Agriculture.

    Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4594 Filed 2-28-94; 8:45 am]
BILLING CODE 3410-34-P