[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5164]


  Federal Register / Vol. 59, No. 45 / Tuesday, March 8, 1994 /
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[[Page Unknown]]

[Federal Register: March 8, 1994]


                                                    VOL. 59, NO. 45

                                             Tuesday, March 8, 1994
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 93-137-1]

 

Importation of Ratites and Hatching Eggs of Ratites

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are providing that ratites and hatching eggs of ratites may 
not be imported into the United States unless specified identification 
and recordkeeping requirements regarding their origin and movement are 
met in the country of export. This action is necessary to help ensure 
that ratites and hatching eggs of ratites that could pose a disease 
risk to poultry and livestock in the United States are not imported 
into this country.

DATES: Interim rule effective March 8, 1994. Consideration will be 
given only to comments received on or before May 9, 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. 93-137-1. 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. Keith Hand, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 768, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-5907.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as the 
regulations) regulate the importation of certain animals and birds, 
including ostriches and other flightless birds known as ratites, and 
their hatching eggs, to prevent the introduction of communicable 
diseases of livestock and poultry.
    Section 92.101 of the regulations imposes general restrictions on 
the importation of ratites and hatching eggs of ratites, including the 
requirement that they be produced by a pen-raised flock and, in the 
case of ratites, be maintained in a pen-raised flock. This requirement 
is necessary to help ensure that ratites imported into the United 
States are not wild-caught birds that may have been exposed to 
communicable diseases and that may not have a known health history.
    Section 92.103(a) of the regulations requires that an application 
to import ratites or hatching eggs of ratites specify the number of 
ratites or hatching eggs intended for importation. Section 
92.103(a)(2)(iii) provides that a permit to import ratites or hatching 
eggs of ratites will be denied or withdrawn unless a representative of 
the Animal and Plant Health Inspection Service (APHIS) has visited the 
premises where the flock of origin is kept within the 12-month period 
before the intended importation, and has determined that the flock is 
pen-raised and contains sufficient breeding pairs to produce the number 
of ratites or hatching eggs intended for importation.
    Section 92.104 requires that ratites or hatching eggs of ratites 
imported into the United States be accompanied by a certificate that 
certifies, among other things, that the flock of origin is pen-raised 
and the ratites covered by the certificate were produced by and 
maintained in that flock. These provisions are necessary to help ensure 
that ratites and hatching eggs that are not produced by a pen-raised 
flock, and that consequently pose a potential health risk, are not 
brought into the flock and subsequently imported into the United 
States.
    However, based on our experience enforcing the regulations, we have 
found that, even with the requirements described above, it can 
sometimes be difficult to monitor the number of ratites and hatching 
eggs being exported from certain flocks. We believe this difficulty in 
monitoring has led to occasions where smuggled or wild-caught ratites 
or hatching eggs of such ratites have been brought into a flock, then 
imported into the United States, purportedly as a pen-raised part of 
that flock.
    The regulations in Sec. 92.106(b) contain requirements for the 
quarantine of ratites and hatching eggs of ratites upon arrival in the 
United States. Although we consider these requirements for quarantine 
to be effective in identifying and preventing the entry of ratites with 
communicable diseases, the increased risk presented by smuggled or 
wild-caught ratites jeopardizes the health of other ratites in 
quarantine and unnecessarily increases the risk of the entry of a 
ratite with a communicable disease.
    Therefore, in this interim rule, we are establishing provisions 
that require identification of all ratites and hatching eggs of ratites 
in flocks from which ratites or hatching eggs of ratites are intended 
for importation into the United States, and that require strict 
monitoring and recordkeeping of the number of ratites and hatching eggs 
produced in, brought into, or exported from a flock. These 
requirements, discussed below, will help ensure that only ratites and 
hatching eggs of ratites pen-raised on approved premises are imported 
into the United States.
    We are requiring in Sec. 92.101(b)(3)(i)(B) (newly added in this 
interim rule) that each ratite produced in a flock from which ratites 
or hatching eggs of ratites are intended for importation into the 
United States be identified with an identification number by means of a 
microchip implanted in the pipping muscle at 1-day of age. We are also 
requiring that each ratite added to the flock from outside the flock be 
identified by means of microchip upon arrival in the flock, and that 
each ratite already in the flock as of the effective date of this 
interim rule be identified before the next visit to the premises by an 
APHIS representative under Sec. 92.101(a)(2)(iii) (discussed above). 
Unlike our requirement for the 1-day-old chicks, however, we are not 
requiring that the microchip be implanted in any specified location on 
the older birds.
    The microchip identification required by this interim rule will 
make possible a cross-referencing system by which the Department and 
the national government of the country from which the ratites are to be 
exported can help ensure that only ratites and hatching eggs of ratites 
from pen-raised flocks on approved premises are imported into the 
United States.
    We are requiring microchip identification, rather than some other 
form of identification, because we have determined that it is the most 
effective and humane form of identification for ratites. External forms 
of identification such as tags can be easily removed or switched. This 
is less likely to happen with an imbedded microchip. Because of the 
thin hide of a ratite, we do not consider hot-iron branding to be 
effective or humane.
    Based on importations to date, we expect virtually all ratites 
imported into the United States to be those required to be microchipped 
at 1-day of age. The pipping muscle, located behind the head of a 
ratite chick, is enlarged at the time of hatching to assist the chick 
in breaking through the shell. Requiring the microchip to be implanted 
in the same place for each such ratite will facilitate our reading of 
the microchips and make it easier to determine if a ratite has been 
identified (discussed below under the heading ``Microchip Readers''). 
Because the pipping muscle decreases in size as a ratite grows, it 
would not be practicable to require that it be the site of implantation 
for older ratites. However, as noted above, we expect few older ratites 
to be imported into the United States, and are therefore not requiring 
that such ratites be microchipped at any particular location on their 
body.
    As part of the cross-referencing system made possible by the 
microchip identification, we are requiring that the country from which 
ratites or their hatching eggs are exported have in place procedures 
and requirements, discussed below, for monitoring the number of ratites 
or hatching eggs of ratites produced on each premises over a set 
production season. (We are adding to the regulations a definition of 
production season, discussed below under the heading ``Definition of 
Production Season.'')
    Under Sec. 92.101(b)(3)(i)(I) of this interim rule, a production 
ceiling for each premises must be set. The ceiling is to be calculated 
jointly by a full-time salaried veterinary officer of the national 
government of the country of export and the APHIS representative who 
visits the premises prior to an import permit being issued. The ceiling 
is based on the number of eggs that the ratites in the flock can 
reasonably be expected to produce over a given production season. The 
ceilings established will take into account not only the number of 
ratites in the flock, but also factors such as the age and the type of 
the ratites. Establishing this ceiling will help prevent ratites and 
hatching eggs of ratites from being ``laundered'' through the flock for 
importation into the United States.
    Under Sec. 92.101(b)(3)(i)(C) of this interim rule, on the date 
that each hatching egg is produced in a flock from which ratites or 
hatching eggs of ratites are intended for importation into the United 
States, the hatching egg must be marked in indelible ink with the date 
of production.
    Under Sec. 92.101(b)(3)(i)(D) of this interim rule, the owner or 
manager of a premises from which ratites or hatching eggs of ratites 
are intended for importation into the United States is required to 
maintain on a daily basis registers listing the following: (1) Number 
of live ostriches hatched in the flock, added to the flock, or removed 
from the flock, including microchip identification number; (2) number 
of eggs produced in the flock and date of production, and number of 
eggs removed from the flock and date of production; and (3) number of 
eggs in incubator/hatcher and date of production. The owner or manager 
of the premises must submit a copy of the registers to the National 
Veterinary Service of the country of export on a quarterly basis. When 
the national government receives these registers, it must in turn 
submit a copy to the APHIS Administrator on a quarterly basis.
    Under Sec. 92.101(b)(3)(i)(F) of this interim rule, the national 
government of the country of export, using these registers, must 
maintain a registry of premises. In this registry, the national 
government is required to list each ratite according to its microchip 
number. The national government is also required to maintain a count of 
hatching eggs of ratites produced on the premises. Under 
Sec. 92.10(b)(3)(i)(G) of this interim rule, no premises may be added 
to the registry until a veterinary officer of the national government 
or an employee of that government responsible for the protection of 
fish and wildlife visits the premises and determines that all ratites 
and hatching eggs of ratites on the premises are identified as 
required.
    Under Sec. 92.101(b)(3)(i)(J) of this interim rule, the country 
from which the eggs are exported must also conduct random inspections 
of premises that have been added to the registry. These inspections 
must be conducted at least twice for each production season for each 
premises, and must be carried out either by a veterinary officer of the 
national government of the country of export or an employee of that 
government responsible for the protection of fish and wildlife. The 
inspector must determine whether all ratites and hatching eggs of 
ratites are identified as required, and will use the markings on the 
eggs to determine whether the number of eggs in the flock are within 
the ceiling established for the flock. Ratites or hatching eggs not 
identified as required will be ineligible for the export certificate 
required under Sec. 92.104(a) of the regulations (discussed below). The 
results of these inspections, as well as the results of the initial 
inspection described in the preceding paragraph, must be recorded on 
the copy of the quarterly reports that the country of export must send 
to the Administrator. Based on this information, APHIS will deny or 
withdraw an import permit for ratites or hatching eggs of ratites from 
any premises on which all ratites and hatching eggs are not marked as 
required.
    These requirements, taken together, will make it easier to detect 
incidence of birds or eggs being smuggled onto a premises. The initial 
visit to the premises, described above, along with the calculation of a 
production ceiling, will establish how many ratites are on the premises 
and the number of hatching eggs they can reasonably be expected to 
produce. The registers, microchip identification, and subsequent site 
inspections will help ensure that the number of ratites and hatching 
eggs on or leaving the premises are consistent with those initial 
calculations.
    Under this interim rule, the Department and the national government 
of the country of export will be able to monitor the number of ratites 
and eggs exported from the flocks to the United States by means of the 
health certificate required under Sec. 92.104 of the regulations. Under 
the existing regulations, this certificate must accompany ratites or 
hatching eggs of ratites imported into the United States. It is issued 
by a full-time salaried veterinary officer of the national government 
of the exporting country. Under the existing regulations, it contains 
information regarding the health of the flock, and the origin and 
handling of ratites and hatching eggs of ratites imported into the 
United States.
    In this interim rule, we are adding to Secs. 92.104 (c) and (d) the 
requirement that a certificate contain the certification that the flock 
from which ratites or hatching eggs of ratites are exported has not 
exceeded the ceiling on production established under this interim rule. 
We are also requiring that the certificate indicate the number of 
ratites or hatching eggs of ratites being shipped to the United States. 
By comparing this information with the information on the registers and 
with the ceiling on production calculated under this interim rule, both 
the Department and the national government of the country of origin 
will be able to determine the number of ratites and hatching eggs left 
available for export during a given production season. We are also 
requiring that the certificate indicate that all ratites in the flock 
from which the hatching eggs come were identified in accordance with 
Sec. 92.101(b)(3)(i)(B).
    We recognize that flock owners may wish to replenish or increase 
their breeding stock by bringing ratites into the flock from another 
flock. In order to account for birds being added to the flock, we are 
requiring in Sec. 92.101(b)(3)(i)(G) that each premises from which 
ratites or hatching eggs of ratites are exported to the United States 
receive approval from the National Veterinary Service of that country 
before ratites are added to the premises from outside the premises. We 
are also requiring that the national government provide that ratites 
may not be added to a flock during a production season. This 
restriction is necessary to facilitate the quota system established by 
this interim rule.

Microchip Readers

    We are also providing that, as a condition of importing ratites 
into the United States, the person intending to import the ratites 
provide the APHIS veterinary inspector at the intended port of entry 
with a reader capable of reading the microchip identification of each 
of the ratites. This will enable APHIS to determine whether the ratites 
are identified as required. Importing ratites not properly identified, 
and not providing a reader capable of reading the microchips, will be a 
violation of the regulations and the ratites will be refused entry.

Denial or Withdrawal of Import Permit

    Section 92.103 of the existing regulations requires, among other 
things, that an importer apply for and obtain an import permit from 
APHIS before importing ratites or hatching eggs of ratites into the 
United States. We are providing in this interim rule that a permit will 
be denied or withdrawn if the importer or a person responsibly 
connected with the importer's business, or the operator of the farm of 
the flock of origin, or a person responsibly connected with the owner 
of the flock of origin, is or has been convicted of any crime under any 
law regarding the import or export of goods, regarding the illegal 
movement of goods within a country, or involving fraud, bribery, 
extortion or any other crime involving a lack of the integrity needed 
for the conduct of operations affecting the importation of ratites, as 
determined by the Administrator.
    For the purposes of the regulations, a person shall be deemed to be 
responsibly connected with the importer's business or the owner of the 
flock of origin if such person has an ownership, mortgage, or lease 
interest in the physical plant of the importer's business or the farm 
of the flock of origin, or if such person is a partner, officer, 
director, holder or owner of 10 per centum or more of the voting stock 
of the importer's business or the farm of the flock of origin, or is an 
employee of the importer or the owner of the flock of origin.
    These provisions regarding denial or withdrawal of a permit are 
based on those set forth in Sec. 92.106(c)(6) regarding the denial of 
approval and removal of approval of a commercial bird quarantine 
facility. We consider these provisions necessary to reduce the risk 
that attempts will be made to import smuggled birds into the United 
States.
    We are also setting forth in Sec. 92.103(a)(2)(vii) provisions that 
provide for the notification of persons who have a permit denied or 
withdrawn, and that provide such persons, upon request in the case of a 
dispute of material facts, the opportunity for a hearing with respect 
to the merits or validity of such action, in accordance with rules of 
practice which shall be adopted for the proceeding.

Definition of Pen-Raised

    We are also amending the definition of pen-raised in Sec. 92.100, 
to provide that a flock will not be considered to be pen-raised if 
ratites captured in the wild are added to it after the effective date 
of this interim rule. As discussed earlier in this interim rule, wild-
caught ratites pose a significant risk of having been exposed to 
communicable diseases, and may not have a known health history. Adding 
such ratites to an otherwise pen-raised flock significantly increases 
the chances of disease being transmitted to other ratites in the flock. 
However, prior to the publication of this interim rule, we had no 
reliable mechanism for determining whether wild-caught ratites had been 
brought into a flock. With the establishment of the identification and 
monitoring provisions of this interim rule, we now are able to make 
such a determination. Therefore, we are amending the definition of pen-
raised as described above, to help ensure that ratites exposed to 
ratites captured in the wild are not imported into the United States.

Definition of Production Season

    In this interim rule, we use the term production season. We are 
defining production season to mean that period of time, usually 
approximately 9 months each year, from the time ratites in a flock 
begin laying eggs until the ratites cease laying eggs. Ratites by 
nature follow a set cycle for laying eggs, and, for reasons of health 
and productivity, must be given a period of rest between ``production 
seasons.'' In most cases, a production season lasts approximately 9 
months, but this may vary according to factors such as the type, age, 
and geographical location of the ratites.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to help ensure that ratites imported into 
the United States, and ratites hatched from ratite hatching eggs 
imported into the United States, do not transmit diseases to poultry 
and livestock in the United States.
    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 publication in the Federal Register. 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 interim rule has been reviewed under Executive Order 12866.
    This interim rule requires that foreign producers of ratites or 
ratite hatching eggs intended for importation into the United States 
maintain registers of ratites and hatching eggs on their premises and 
update them daily. It also requires that ratites in a flock from which 
ratites or hatching eggs of ratites are intended for importation into 
the United States be identified with a microchip. Additionally, it 
requires that ratite hatching eggs in the flock be marked with 
indelible ink.
    At present, 29 ratite farms in 7 countries are approved to ship 
ratites or ratite hatching eggs to the United States. The number of 
approved foreign farms varies each month due to annual recertification 
requirements. There are 2,000 to 3,000 ratite farms in the United 
States. Virtually all of them are small businesses, as are the 
approximately 20 domestic entities that currently import ratites and 
ratite hatching eggs into the United States.
    We anticipate that requiring APHIS-approved ratite producers to 
maintain registers and update them daily will have a negligible impact 
on the domestic ratite market. However, the identification requirements 
in this interim rule are expected to increase slightly the cost of 
importing ratites and ratite hatching eggs. Requiring that ratite 
hatching eggs be marked with indelible ink is expected to increase 
operational costs of foreign producers by about $0.50 per egg. 
Requiring each live ratite to be identified by microchip is expected to 
cost foreign producers about $6.35 per ratite. Foreign producers will 
likely increase their prices to cover the cost of proposed 
identification requirements.
    If the cost of identifying each ratite and ratite hatching egg is 
passed along to United States buyers, the identification and marking 
requirements in this interim rule will increase the cost of importing 
ratites and ratite hatching eggs by an average of $3.00 each. Current 
market prices for ratites released from quarantine in the United States 
range from $1,565 for a 45-day-old ratite chick to $50,000 for an adult 
ratite.
    We estimate that the requirements of this interim rule will 
increase annual costs to foreign producers by approximately $198,375. 
We expect that a total of approximately 52,500 ratites and hatching 
eggs of ratites will be imported into the United States in 1994. Of 
these, we estimate that approximately 23 percent will survive 
quarantine, with a total value of approximately $34,543,425. Therefore, 
the estimated cost of the requirements of this interim rule will be 
less than .6 percent of the retail value of ratites released from 
quarantine.
    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 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 disease, 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).

Subpart A to Part 92--[Amended]

    2. In part 92, Subpart A--Birds, footnotes 2 through 13 and the 
references to them are redesignated as footnotes 3 through 14, 
respectively.
    3. In Sec. 92.100, the definition of pen-raised is revised, and a 
definition of production season is added to read as follows:


Sec. 92.100   Definitions.

* * * * *
    Pen-raised. Cared for in a fenced enclosure, such that the ratites 
are kept apart from wild ratites, poultry, and other animals; can be 
readily observed, and be restrained for inspection and treatment. A 
flock is not considered to be pen-raised if ratites captured in the 
wild have been added to it after March 8, 1994.
* * * * *
    Production season. That period of time, usually approximately 9 
months each year, from the time ratites in a flock begin laying eggs 
until the ratites cease laying eggs.
* * * * *
    4. Section 92.101 is amended by revising paragraph (b)(3)(i) to 
read as follows:


Sec. 92.101  General prohibitions; exceptions.

* * * * *
    (b) * * *
    (3)(i) Except for ratites imported as zoological birds, ratites and 
hatching eggs of ratites shall not be imported into the United States 
unless the following conditions are met: (A) The ratites or hatching 
eggs are produced by a pen-raised flock, and, in the case of ratites, 
maintained in a pen-raised flock;
    (B) Each ratite produced in the flock is identified with an 
identification number by means of a microchip implanted in the pipping 
muscle at 1-day of age, each ratite added from outside the flock is 
identified in like manner upon arrival in the flock, except that the 
microchip need not be implanted in the pipping muscle, and each ratite 
already in the flock as of March 8, 1994 is identified in like manner, 
prior to the next visit to the flock premises by an APHIS 
representative under Sec. 92.103(a)(2)(iii), except that the microchip 
need not be implanted in the pipping muscle;
    (C) On the date it is produced, each hatching egg produced in the 
flock is marked in indelible ink with the date of production.
    (D) The owner or manager of the premises from which the ratites or 
hatching eggs are intended for importation into the United States 
maintains on a daily basis a register listing the following: (1) Number 
of live ratites hatched in the flock or added to the flock, and number 
of live ratites removed from the flock, and the microchip number for 
each of these ratites;
    (2) Number of eggs produced in the flock and date of production, 
and number of eggs removed from the flock and date of production; and
    (3) Number of eggs in incubator/hatcher and date of production;
    (E) The owner or manager of the premises submits a copy of the 
registers to the National Veterinary Service of the country of export 
on a quarterly basis. The country of export in turn submits a copy of 
the registers to the Administrator on a quarterly basis;2
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    \2\Copies should be mailed to Administrator, c/o Import-Export 
Animals Staff, National Center for Import-Export, Veterinary 
Services, APHIS, USDA, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782.
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    (F) The country from which the ratites or hatching eggs are 
exported to the United States maintains a registry of premises that 
wish to export ratites or hatching eggs of ratites to the United 
States, that lists each ratite according to the microchip number 
required under paragraph (b)(3)(i)(D) of this section, and also 
maintains a count of hatching eggs of ratites produced on or added to 
the premises;
    (G) Before a premises is added to the registry, either a veterinary 
officer of the national government of the country of export, or an 
employee of that government responsible for the protection of fish and 
wildlife, visits the premises and determines that all ratites and 
hatching eggs of ratites are identified as required under paragraphs 
(b)(3)(i)(B) and (b)(3)(i)(C) of this section.
    (H) The country from which the ratites or hatching eggs of ratites 
are exported to the United States requires each premises from which 
ratites or hatching eggs of ratites are exported to the United States 
to receive approval from the National Veterinary Service of that 
country before ratites are added to the premises from outside the 
premises, and also prohibits the addition of ratites to a flock during 
production seasons;
    (I) The country from which ratites or hatching eggs of ratites are 
exported to the United States establishes a maximum number of hatching 
eggs of ratites that may be produced on each premises over a set 
production season. The ceiling for each premises is calculated jointly 
by a full-time salaried veterinary officer of the national government 
of the country of export and the APHIS representative who conducts the 
site visit required under Sec. 92.103(a)(2)(iii);
    (J) The country of export conducts random inspections of each 
premises intending to export ratites or hatching eggs of ratites to the 
United States, at least twice during each production season, to ensure 
that all ratites and hatching eggs of ratites on the premises are 
identified as required under paragraphs (b)(3)(i)(D) and (b)(3)(i)(E) 
of this section. These inspections must be conducted by either a 
veterinary officer of the national government of the country of export 
or an employee of that government responsible for the protection of 
fish and wildlife. If any ratites or hatching eggs are not identified 
as required, the country of export must not issue the export 
certificate required under Sec. 92.104(a). The country of export must 
record, on the copy of the quarterly report required to be sent to the 
Administrator under paragraph (b)(3)(i)(E) of this section, whether all 
ratites and hatching eggs are identified as required;
    (K) The country of export requires each premises on which ratites 
or hatching eggs of ratites intended for export to the United States 
are kept to submit to the National Veterinary Service of that country a 
copy of the certificate required under Sec. 92.104(a);
    (L) The person intending to import ratites into the United States 
provides the APHIS veterinary inspector at the intended port of entry 
with a reader capable of reading the microchip implanted in each of the 
ratites.
* * * * *
    5. In Sec. 92.103, new paragraphs (a)(2)(iv), (a)(2)(v), 
(a)(2)(vi), and (a)(2)(vii) are added to read as follows:


Sec. 92.103  Import permits for birds8; and reservation fees for 
space at quarantine facilities maintained by APHIS.
---------------------------------------------------------------------------

    \8\For other permit requirements for birds, the regulations 
issued by the U.S. Department of the Interior (50 CFR parts 14 and 
17) should be consulted.
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    (a) * * *
    (2) * * *
    (iv) A permit to import ratites or hatching eggs of ratites will be 
denied or withdrawn if an inspection of the premises of the flock or 
origin, carried out by the national government of the country of export 
under Sec. 92.101 (b)(3)(i)(G) and (b)(3)(i)(J), indicates that the 
ratites and hatching eggs are not identified and marked as required 
under Secs. 92.101 (b)(3)(i)(B) and (b)(3)(i)(C).
    (v) A permit will be denied or withdrawn if: (A) The importer or a 
person responsibly connected with the importer's business is or has 
been convicted of any crime under any law regarding the import or 
export of goods, regarding the illegal movement of goods within a 
country, or involving fraud, bribery, extortion or any other crime 
involving a lack of the integrity needed for the conduct of operations 
affecting the importation of ratites, as determined by the 
Administrator.
    (B) The operator of the farm of the flock of origin, or a person 
responsibly connected with the owner of the flock of origin, is or has 
been convicted of any crime under any law regarding the import or 
export of goods, regarding the illegal movement of goods within a 
country, or involving fraud, bribery, extortion or any other crime 
involving a lack of the integrity needed for the conduct of operations 
affecting the importation of ratites, as determined by the 
Administrator.
    (vi) For the purposes of this section, a person shall be deemed to 
be responsibly connected with the importer's business or the owner of 
the flock of origin if such person has an ownership, mortgage, or lease 
interest in the physical plant of the importer's business or the farm 
of the flock of origin, or if such person is a partner, officer, 
director, holder or owner or 10 per centum or more of the voting stock 
of the importer's business or the farm of the flock of origin, or is an 
employee of the importer or the owner of the flock of origin.
    (vii) A permit may be denied or withdrawn at any time by the 
Administrator, for any of the reasons provided in paragraphs (a)(2) 
(ii), (iii), (iv), or (v) of this section. Before such action is taken, 
the importer or the operator of the farm of the flock of origin will be 
informed of the reasons for the proposed action and, upon request in 
case of a dispute of material facts, shall be afforded an opportunity 
for a hearing with respect to the merits or validity of such action, in 
accordance with rules of practice which shall be adopted for the 
proceeding. However, withdrawal of a permit shall become effective 
pending final determination in the proceeding, when the Administrator 
determines that such action is necessary to protect the public health, 
interest, or safety. Such withdrawal shall be effective upon oral or 
written notification, whichever is earlier, to the importer or the 
operator of the farm of the flock of origin. In the event of oral 
notification, written confirmation shall be given to the importer or 
the operator of the farm of the flock of origin as promptly as 
circumstances permit. This withdrawal shall continue in effect pending 
the completion of the proceeding and any judicial review thereof, 
unless otherwise ordered by the Administrator.
* * * * *
    6. Section 92.104 is amended by redesignating paragraphs (c)(12) 
and (c)(13) as paragraphs (c)(15) and (c)(16), and by adding new 
paragraphs (c)(12), (c)(13), and (c)(14), and paragraphs (d)(8), 
(d)(9), and (d)(10) to read as follows:


Sec. 92.104  Certificate for pet birds, commercial birds, zoological 
birds, and research birds.

* * * * *
    (c) * * *
    (12) The number of ratites contained in the shipment;
    (13) That the number of ratites and hatching eggs of ratites 
exported from the flock of origin has not exceeded the ceiling 
established under Sec. 92.101(b)(2)(iii)(I);
    (14) That all ratites in the flock from which the hatching eggs 
come were identified in accordance with Sec. 92.101(b)(3)(i)(B);
* * * * *
    (d) * * *
    (8) The number of hatching eggs contained in the shipment;
    (9) That the number of ratites hatching eggs of ratites exported 
from the flock of origin has not exceeded the ceiling established under 
Sec. 92.101(b)(2)(iii)(I); and
    (10) That all ratites in the flock from which the hatching eggs 
come were identified in accordance with Sec. 92.101(b)(3)(i)(B).

    Done in Washington, DC, this 1st day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-5164 Filed 3-7-94; 8:45 am]
BILLING CODE 3410-34-P