[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12528]


[[Page Unknown]]

[Federal Register: May 23, 1994]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 98

[Docket No. 93-032-2]

 

Importation of Certain Animal Semen

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to prohibit the importation of 
animal semen from any country other than the country in which it was 
collected. This action is intended to prevent the introduction of 
exotic animal diseases into the United States.

EFFECTIVE DATE: June 22, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Roger Perkins, Staff Veterinarian, 
Import-Export Products Staff, VS, APHIS, USDA, room 765B, Federal 
Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-4325.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 98 (referred to below as the 
regulations) govern the importation of animal germ plasm so as to 
prevent the introduction of contagious diseases of livestock or poultry 
into the United States. Subparts A and B of part 98 apply to certain 
animal embryos and subpart C applies to certain animal semen.
    On October 25, 1993, we published in the Federal Register (58 FR 
55026-55027, Docket No. 93-032-1) a proposal to amend the regulations 
to prohibit the importation of animal semen from any country other than 
the country in which it was collected. We solicited comments concerning 
our proposal for a 60-day comment period ending December 27, 1993. 
During that period, we received three comments, one in support and two 
opposed. They were from a national veterinary association, a foreign 
agricultural agency, and a national association of zoological parks and 
aquariums. The comments opposing the proposal are discussed below.
    One commenter argues that this action would unreasonably restrict 
the trade of animal semen from certain European storage banks which 
stockpile animal semen collected in various other countries for export 
to the United States and elsewhere. The comment claims that because 
these banks are located in countries free of rinderpest, foot and mouth 
disease (FMD), and other diseases, and because all animal semen 
imported into the United States from these banks would have been 
collected in countries similarly free of disease, contaminated semen 
would only be imported into the United States if the semen were 
misidentified, commingled with contaminated semen, or otherwise 
contaminated while at the storage bank. Consequently, as an alternative 
to our proposal, the commenter suggests that we require veterinary 
guarantees attesting to the storage conditions of animal semen at 
regional storage banks after its import from the country of collection 
and before its export to the United States.
    Though veterinary guarantees concerning storage of animal semen 
after its arrival at a regional bank would help to prevent importation 
of contaminated animal semen into the United States, such guarantees 
still would not provide us with the control over semen collection we 
believe necessary to ensure that contaminated semen is not introduced 
into the United States. Under the regulations, in order to import 
animal semen into the United States from countries free of rinderpest 
and FMD, an importer must supply the U.S. Department of Agriculture 
(USDA) with information regarding the health and origin of the donor 
animal and the location, date, and other details regarding the semen 
collection. When animal semen is imported into the United States from 
countries other than the country of its collection, the nature and 
quality of this required information is often deficient or incomplete, 
and, obtaining additional information can be difficult. We believe that 
such problems expose the United States to increased risk of animal 
disease being introduced inadvertently through the import of 
contaminated semen.
    Similarly, the other comment in opposition claims that this action 
would hinder animal conservation programs which depend on the use of 
regional storage banks containing animal semen of endangered species, 
including ruminants, collected in various countries. As an alternative 
to our proposal, the commenter suggests that we provide for the 
certification of foreign veterinary services with animal health 
standards equivalent to our own. After certification, these foreign 
veterinary services could regulate the export to the United States of 
animal semen collected in various countries and stored in their 
countries' regional banks.
    Allowing for this sort of certification would not provide us with 
the control over semen collection we believe necessary to ensure that 
contaminated semen is not introduced into the United States. We also 
believe that it would be especially difficult to certify foreign 
veterinary services as having animal health standards equivalent to our 
own; varying biological and epidemiological factors in different 
countries and regions compel some veterinary services to test imported 
and exported animals for diseases and pests that other veterinary 
services might not.
    Furthermore, there are and will continue to be available 
alternative conservation methods for endangered animals involving the 
importation of animal semen. For example, following the effective date 
of this action, animal semen still may be imported directly into the 
United States from the country of collection, even from FMD countries, 
if collected and transported in accordance with the regulations.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule without change.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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.
    We anticipate that the provisions of this rule will have little or 
no economic effect. The prohibition against importing animal semen from 
a country other than the country in which it was collected will not 
affect significantly the cost of doing business for importers. This 
rule only requires importers to import animal semen directly from the 
country in which it was collected; no countries currently allowed to 
export animal semen under the various regulations will be excluded as a 
source of animal semen as a result of this rule.
    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

    This document contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 98

    Animal diseases, Imports.
    Accordingly, 9 CFR part 98, subpart C, is amended as follows:

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

    1. The authority citation for part 98 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622; 21 U.S.C. 103, 104, 105, 111, 134a, 
134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17, 
2.51, and 371.2(d).

    2. The undesignated paragraph in Sec. 98.31 is designated as 
paragraph (a) and a new paragraph (b) is added to read as follows:


Sec. 98.31  General prohibitions; exceptions.

    (a) * * *
    (b) Animal semen may not be imported into the United States from 
any country other than the country in which it was collected.


Sec. 98.34  [Amended]

    3. In Sec. 98.34, paragraph (a)(3), the first sentence is amended 
by removing the phrase ``where the shipment has been or will be held 
or''.

    Done in Washington, DC, this 18th day of May 1994.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-12528 Filed 5-20-94; 8:45 am]
BILLING CODE 3410-34-P