[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11677]


[[Page Unknown]]

[Federal Register: May 13, 1994]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 54 and 91

[Docket No. 93-070-1]

 

Inspection and Handling of Livestock for Exportation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the ``Inspection and Handling of 
Livestock for Exportation'' regulations to provide that United States 
origin health certificates include all test results, certifications, or 
other statements required by the foreign country of destination. This 
action appears necessary to ensure that the origin health certificate 
contains all of the information required by the foreign country of 
destination. We are also proposing to amend the requirements concerning 
scrapie for sheep and goats intended for export. This action would 
clarify the regulations and make the terminology used in the export 
regulations consistent with that used in our domestic scrapie 
regulations. We are also proposing to revise one definition in the 
domestic scrapie regulations to make the definitions in those 
regulations consistent with each other.

DATES: Consideration will be given only to comments received on or 
before July 12, 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. 93-070-1. 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. Najam Faizi, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 762, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 91, ``Inspection and Handling of 
Livestock for Exportation'' (referred to below as the regulations), 
prescribe conditions for exporting animals from the United States. The 
regulations provide, among other things, that all animals intended for 
exportation to a foreign country, except animals intended for 
exportation to Mexico or Canada and cattle from Mexico imported into 
the United States in bond for temporary feeding and return to Mexico, 
must be accompanied from the State of origin of the export movement to 
the port of embarkation by an origin health certificate. All animals 
intended for exportation to Mexico or Canada, except cattle from Mexico 
imported into the United States in bond for temporary feeding and 
return to Mexico, must be accompanied from the State of origin of the 
export movement to the border of the United States by an origin health 
certificate.
    The regulations state that the origin health certificate shall 
certify that the animals were inspected within the 30 days prior to the 
date of the movement of the animals for export, and were found to be 
sound, healthy, and free from evidence of communicable disease and 
exposure to communicable disease. The origin health certificate, issued 
by an Animal and Plant Health Inspection Service (APHIS) representative 
or an accredited veterinarian, must be endorsed by an authorized APHIS 
veterinarian in the State of origin. The origin health certificate must 
also include any test results added by the authorized APHIS 
veterinarian pursuant to 9 CFR 161.3, which allows test results to be 
added to an origin health certificate after it is issued or signed by 
an accredited veterinarian. (Because of a typographical error, the 
reference in part 91 is to ``Sec. 161.2.'' As part of this proposed 
rule, this reference would be corrected.) The origin health certificate 
must individually identify the animals in the shipment as to species, 
breed, sex, and age, and, if applicable, must also show registration 
name and number, tattoo markings, or other natural or acquired 
markings.
    In addition to the information described in the preceding 
paragraph, a foreign country of destination may require that its health 
requirements be added to the origin health certificate. Because these 
requirements are not imposed by the United States, and may vary from 
export to export depending on the requirements of the destination 
country, they are not set out in our regulations. However, unless all 
information required by a foreign government is included on the origin 
health certificate, that animal may be refused entry into the foreign 
country upon export. To help prevent the return of animals to the 
United States because they were refused entry in another country, we 
are proposing to amend Sec. 91.3 to require that the origin health 
certificate include any test results, certifications, or other 
statements required by the foreign country of destination.

Exportation of Sheep and Goats

    The regulations in 9 CFR part 91 also set forth the conditions 
under which sheep and goats are eligible for exportation with regard to 
scrapie. Scrapie is a progressive degenerative disease of the central 
nervous system of sheep and goats. The signs that become manifest may 
include nervousness, incoordination, slight muscular tremors, visible 
weight loss, lack of luster in the animal's wool, and itching. Infected 
animals become debilitated and die.
    The regulations in Secs. 91.6(a)(3) and 91.8(a) provide that a goat 
or sheep shall not be exported if it is affected with or exposed to 
scrapie; if it originated from, or has been on, any premises which then 
were infected or source flock premises; if it is the progeny, sire or 
dam, or full or half brother or sister of any animal found to be 
affected with scrapie; or if it was moved from premises located in an 
area quarantined for scrapie.
    Under the current regulations, infected premises are those on which 
an animal has been found to be infected with scrapie, and source flock 
premises are those premises from which an affected animal was moved 
within 18 months or less prior to showing signs of scrapie.
    When the 18-month time period was established for source flocks, 
existing biological evidence indicated that the incubation period for 
scrapie was less than 18 months. Therefore, flocks from which an 
affected animal was moved more than 18 months prior to showing signs of 
scrapie were not considered to be at risk from the scrapie-affected 
animal. However, evidence now available indicates that scrapie develops 
more slowly than previously thought, with an incubation period that 
could last for years, and that averages more than 18 months. Therefore, 
a flock from which a sheep or goat was moved more than 18 months prior 
to showing signs of scrapie could be at risk from the affected animal. 
We are therefore proposing to amend Secs. 91.6 and 91.8 by removing 
footnote 4, which refers to source flock premises as those premises 
from which an affected animal was moved within 18 months or less prior 
to showing signs of scrapie, and to define ``source flock'' as defined 
below.
    We are proposing to amend Secs. 91.6 and 91.8 to prohibit the 
exportation of scrapie positive animals and all animals from infected 
flocks, source flocks, and trace flocks, as defined in both 9 CFR part 
54 (which describes the Voluntary Scrapie Flock Certification Program 
in place in the United States) and 9 CFR part 79 (which imposes 
interstate movement restrictions for sheep and goats). We are also 
proposing to prohibit the exportation of exposed animals, as defined in 
part 79, and to amend the definition of scrapie-exposed animals in part 
54 to update it and make it consistent with the definition of exposed 
animal in part 79. The definitions of exposed animal, infected flock, 
scrapie-positive animal, source flock, and trace flock, as set forth in 
part 79 and part 54 (except for exposed animal), are as follows:
    Exposed animal. Any animal which has been in the same flock at the 
same time within the previous 60 months as a scrapie-positive animal, 
excluding limited contacts. Limited contacts are contacts between 
animals that occur off the premises of the flock, and do not occur 
during or immediately after parturition for any of the animals 
involved. Limited contacts do not include commingling (when animals 
concurrently share the same pen or same section in a transportation 
unit where there is uninhibited physical contact).
    Infected Flock. Any flock in which a Veterinary Services 
representative or State representative has determined an animal to be a 
scrapie-positive animal. A flock will no longer be an infected flock 
after it has completed the requirements of a flock plan.
    Scrapie-positive animal. An animal for which a diagnosis of scrapie 
has been made by the National Veterinary Services Laboratories, United 
States Department of Agriculture, or another laboratory authorized by 
the Administrator to conduct scrapie tests in accordance with (9 CFR 
part 79), through histological examination of central nervous system 
samples from the animal for microscopic lesions in the form of neuronal 
vacuoles or spongy degeneration, or by the use of protease-resistant 
protein analysis or other confirmation techniques used in conjunction 
with histological examination.
    Source flock. A flock in which a Veterinary Services representative 
has determined that at least two animals, that were diagnosed as 
scrapie-positive animals at an age of 54 months or less, were born. In 
order to be a source flock, the second scrapie-positive diagnosis must 
be made within 60 months of the first scrapie-positive diagnosis. A 
flock will no longer be considered a source flock after it has 
completed the requirements of a flock plan.
    Trace flock. A flock in which a Veterinary Services representative 
has determined that one animal, which was diagnosed as a scrapie-
positive animal at an age of 54 months or less, was born.
    We consider each of the flocks and animals described in these 
definitions to pose a risk of transmitting scrapie. The proposed 
changes to the regulations would both ensure that such animals are not 
exported, and make the terminology used in part 91 consistent with that 
used in our domestic scrapie regulations.
    We are making several other changes to the export provisions in 
Secs. 91.6(a) and 91.8(a). As noted above, those paragraphs prohibit 
the export of a sheep or goat if it was moved from premises located in 
an area quarantined for scrapie, or if it is the progeny, sire or dam, 
or full or half brother or sister of any animal found to be affected 
with scrapie.
    The prohibition of the export of sheep and goats from premises in a 
quarantined area is outdated. The provisions that formerly were set 
forth in part 79 for quarantining areas in which scrapie exists have 
been replaced in part 54 with a program focusing on individual flocks. 
Therefore, we are proposing to remove the prohibition, in Secs. 91.6(a) 
and 91.8(a), of the export of sheep and goats from premises in an area 
quarantined for scrapie.
    We are also proposing to make nonsubstantive changes to the wording 
in Secs. 91.6(a) and 91.8(a). We would replace the words ``sire or 
dam'' with the word ``parent,'' and would replace the words ``full or 
half brother or sister'' with the word ``sibling.''
    Definition of Scrapie-Exposed Animals in 9 CFR part 54
    As noted above, the definition of scrapie-exposed animals in part 
54 differs from the definition of exposed animals in part 79. The 
definition in part 54 reads as follows:
    Scrapie-exposed animals. Animals, other than affected or bloodline 
animals, in a flock in which an affected animal has been diagnosed by a 
Veterinary Services representative or state representative. Animals in 
the flock are no longer considered exposed after they are destroyed or 
upon the flock's release from surveillance by state animal health 
officials.
    This definition is outdated and does not reflect current practice. 
For instance, we no longer conduct a bloodline program, nor is 
surveillance conducted under the current voluntary flock certification 
program. The definition of exposed animal in part 79 (set forth above) 
was published as part of the current program, and does reflect current 
practice. Therefore, we are proposing to amend Sec. 54.1 to remove the 
definition of scrapie-exposed animals and to add the same definition of 
exposed animal that appears in Sec. 79.1.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    In accordance with 5 U.S.C. 603, we have performed an Initial 
Regulatory Flexibility Analysis regarding the impact of this proposed 
rule on small entities. This proposed rule may have a significant 
economic impact on a substantial number of small entities. However, we 
do not currently have all the data necessary for a comprehensive 
analysis of the effects of this rule on small entities. Therefore, we 
are inviting comments concerning potential impacts. In particular, we 
are interested in determining the number and kind of small entities 
that may incur benefits or costs from implementation of this proposed 
rule.
    Under 21 U.S.C. 105, 113, 120, 121, 612, 613, and 614, the 
Secretary of Agriculture is authorized to promulgate regulations to 
require inspection and certification of animals intended for export 
from the United States, and to take other measures to prevent the 
exportation of diseased livestock.
    Under this proposed rule, we would require that the origin health 
certificate required for animals exported from the United States 
include any test results, certifications, or other statements required 
by the foreign country of destination. Under this proposed rule, we 
would also revise the export regulations in Secs. 91.6(a)(3) and 
91.8(a) to make them consistent with the regulations in 9 CFR parts 54 
and 79 regarding the Voluntary Scrapie Flock Certification Program.
    We anticipate the proposed changes involving certification will 
have little or no impact on small domestic exporters. In order for 
exporters to sell their animals abroad, the animals must meet the 
import requirements of the country of destination. Therefore, it is in 
the exporter's interest, even under the current regulations, to ensure 
that those requirements are met. The proposed change would require only 
that the origin health certificate include all test results, 
certifications, or other statements required by the country of 
destination. However, estimates of the number of animals and the number 
of small entities that would be affected, and the potential costs to 
exporters, are not available.
    The proposed changes concerning sheep and goats with regard to 
scrapie would affect some producers. Under the current regulations in 
part 91, sheep and goats from source flock premises may not be 
exported, and source flock premises are considered those from which an 
animal affected with scrapie was moved within 18 months or less prior 
to showing signs of scrapie.
    Under the proposed regulations, the export of sheep and goats from 
source flocks would continue to be prohibited, but the meaning of 
``source flock'' would be revised to mean a flock in which at least two 
animals were diagnosed as scrapie-positive animals at an age of 54 
months or less, provided the second diagnosis was made within 60 months 
of the first, and provided the requirements of a flock plan have not 
been completed. This change would make the regulations more 
restrictive, and could increase the number of animals prohibited 
exportation because they originated in a source flock. However, as of 
September 1993, there were only 8 source flocks in the United States.
    Although the proposed change would apply to both sheep and goats, 
at present the number of goats being exported is minimal.
    There are approximately 92,500 sheep farms in the United States, 
with approximately 11 million sheep. The large majority of these are 
small entities. Ninety-nine percent of the sheep farms in this country 
each have annual sales totalling less than $500,000, and approximately 
77,000 have fewer than 100 sheep. In 1992, there were approximately 
830,000 sheep exported from the United States.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

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 inconsistent 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 have been approved by the Office of 
Management and Budget (OMB) under OMB control number 0579-0020.

List of Subjects

9 CFR Part 54

    Animal diseases, Goats, Indemnity payments, Sheep.

9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, 9 CFR parts 54 and 91 would be amended as follows:

PART 54--CONTROL OF SCRAPIE

    1. The authority citation for part 54 would continue to read as 
follows:

    Authority: 21 U.S.C. 111, 114, 114a, 134a-134h; 7 CFR 2.17, 
2.51, and 371.2(d).

    2. Section 54.1 would be amended by removing the definition of 
scrapie-exposed animals and by adding, in alphabetical order, a 
definition of exposed animal to read as follows:


Sec. 54.1  Definitions.

* * * * *
    Exposed animal. Any animal which has been in the same flock at the 
same time within the previous 60 months as a scrapie-positive animal, 
excluding limited contacts. Limited contacts are contacts between 
animals that occur off the premises of the flock, and do not occur 
during or immediately after parturition for any of the animals 
involved. Limited contacts do not include commingling (when animals 
concurrently share the same pen or same section in a transportation 
unit where there is uninhibited physical contact).
* * * * *

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

    3. The authority citation for part 91 would be revised to read as 
follows:

    Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f, 
136, 136a, 612, 613, 614, 618; 46 U.S.C. 466a, 466b; 49 U.S.C. 
1509(d); 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 91.3  [Amended]

    4. In Sec. 91.3, paragraph (a) would be amended by removing 
``Sec. 161.2'' in the fourth sentence and replacing it with 
``Sec. 161.3(k) of this chapter'', and by adding a new sentence at the 
end of the paragraph to read as follows: ``The origin health 
certificate shall include all test results, certifications, or other 
statements required by the foreign country of destination.''
    5. In Sec. 91.6, paragraph (a)(3) would be revised as set forth 
below, and footnote 4 would be removed.


Sec. 91.6  Goats.

    (a) * * *
    (3) No goat will be exported if it is a scrapie-positive animal or 
an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has 
ever been in an infected flock, source flock, or trace flock, as 
defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or 
sibling of any scrapie-positive animal.
* * * * *
    6. In Sec. 91.8, paragraph (a) would be revised to read as follows:


Sec. 91.8  Sheep.

    (a) No sheep shall be exported if it is a scrapie-positive animal 
or an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has 
ever been in an infected flock, source flock, or trace flock, as 
defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or 
sibling of any scrapie-positive animal.
* * * * *


Secs. 91.6 and 91.8  [Amended]

    7. In Sec. 91.6, paragraph (a)(5), and Sec. 91.8, paragraph (a)(2), 
footnote 5 and the references to footnote 5 would be redesignated as 
footnote 4.

    Done in Washington, DC, this 9th Day of May, 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-11677 Filed 5-12-94; 8:45 am]
BILLING CODE 3410-34-P