[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13289]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 92-129-2]

 

Ruminants and Horses Imported From Canada; Importation of Wild 
Ruminants and Wild Swine

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal import regulations to require that 
all ruminants imported from Canada for immediate slaughter be handled 
in a manner that now is required only for cattle, sheep, and goats 
imported from Canada for immediate slaughter. This action is necessary 
to help prevent the spread of livestock diseases into the United 
States. We are also making two additional amendments. The first will 
allow cattle, sheep, and goats imported from Canada for immediate 
slaughter to enter the United States without a certificate. The second 
will allow zoological parks approved to receive wild ruminants and wild 
swine from countries where foot-and-mouth disease or rinderpest exists 
to dispose of manure and other animal wastes outside the zoological 
park after the animal has been in the park for 1 year. These actions 
will relieve regulatory burdens without presenting a significant risk 
of introducing livestock diseases into the United States.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling, Staff Veterinarian, 
Import-Export Animals Staff, National Center for Import-Export, 
Veterinary Services, APHIS, USDA, room 766, Federal Building, 6505 
Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as the 
regulations) restrict the importation into the United States of 
specified animals and animal products in order to prevent the 
introduction into the United States of various diseases of livestock 
and poultry.
    On November 9, 1993, we published in the Federal Register (58 FR 
59414-59417, Docket No. 92-129-1) a proposal to make six amendments to 
the regulations, as follows: (1) We proposed to amend Sec. 92.317 to 
allow blood samples taken from horses for a required test for equine 
infectious anemia (EIA) to be drawn within 365 days preceding the 
horses' importation into the United States, rather than 180 days, as is 
currently required; (2) we proposed to amend Secs. 92.317, 92.418, and 
92.419 to allow horses, cattle, sheep, and goats imported from Canada 
for immediate slaughter to be imported without a certificate; (3) we 
proposed to amend Sec. 92.420 to require that all ruminants imported 
from Canada for immediate slaughter (not just cattle, sheep, and goats) 
be handled in a specified way to minimize any disease risk to U.S. 
livestock; (4) we proposed to amend Secs. 92.404(c) and 92.504(c) to 
allow zoological parks that receive wild ruminants and wild swine from 
countries where foot-and-mouth disease and rinderpest exists to dispose 
of manure and other animal wastes outside the park after the animal has 
been in the park for 1 year, provided the animal shows no sign of any 
illness at the end of that year; (5) we proposed to update the 
regulations in Secs. 92.404(c) and 92.504(c) by removing the reference 
to the ``Animal Quarantine Station in Clifton, New Jersey'' and 
replacing it with ``Animal Import Center in Newburgh, New York,'' as 
the quarantine station in Clifton, New Jersey, is no longer in 
operation; and (6) we proposed to amend the regulations in Secs. 92.316 
and 92.518 to clarify what we mean by ``directly'', as used in the 
phrase ``consigned from the port of entry directly to a recognized 
slaughtering establishment.''
    We solicited comments concerning our proposal for a 60-day comment 
period ending January 10, 1994. We received two comments by that date. 
They were from a veterinarian association and a horse industry 
association. They are discussed below.
    One comment favored the proposed rule, but questioned the part of 
the proposal that would allow horses, cattle, sheep, and goats imported 
from Canada for immediate slaughter to enter the United States without 
a certificate. The commenter noted that the our assertion that the 
proposal presents no significant risk of introducing livestock diseases 
into the United States depends on the assurance that these animals are 
not diverted from slaughter and are not commingled with other 
livestock, as well as a determination during inspection at the port of 
entry that the animals have not been exposed to communicable disease 
within 60 days prior to such inspection. The commenter asked us to 
clarify how we ensure the animal is not diverted from slaughter and how 
we determine whether or not an animal has been exposed to communicable 
disease within 60 days prior to inspection.
    In almost all cases, it takes only about 7 days after exposure to a 
communicable disease for signs of the disease to appear. Therefore, 
inspection at the port of entry almost always reveals an exposed 
animal. If signs of a communicable disease are found in an animal that 
is part of a shipment of other animals, the entire shipment is denied 
importation into the United States. However, even if an exposed animal 
being sent to slaughter were to remain undetected during inspection, 
the risk of spreading the disease to U.S. animals is negligible, 
because slaughter animals move directly to slaughter and are not 
commingled with other livestock. To verify that the shipment was not 
diverted from slaughter, confirmation of the animals' arrival is sent 
from the slaughtering establishment to the port of entry.
    The other comment opposed two of the proposed amendments. First, 
the commenter was concerned about the proposal to allow blood samples 
for the EIA test to be drawn within 365 days preceding a horse's 
importation into the United States. The commenter believes that the 
length of time is too long and significantly lessens the ability to 
prevent the importation of infected horses into the United States. 
Second, the commenter was opposed to allowing horses imported from 
Canada for immediate slaughter to be imported without a certificate.
    We are withdrawing both these portions of the proposed rule. Our 
belief that the required time between EIA testing could be extended 
without significant risk was based on the low incidence of EIA in 
Canada, as established under Canada's current EIA program. Since 
publication of the proposal, we have learned that the Department of 
Agriculture of the Government of Canada may be making substantial 
changes to its EIA program within the next year. We do not wish to 
reduce any of our health certification requirements for horses from 
Canada until we have more information about Canada's changes to its EIA 
program. Therefore, we do not wish to extend our EIA testing 
requirement or remove the requirement for a certificate for slaughter 
horses at this time. If at a later date we determine that the required 
time between EIA tests can be extended to 365 days or that we can 
remove the certificate requirement without posing any significant risk 
to U.S. livestock, we will repropose the amendments.
    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, with the changes discussed in this document.

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.
    This rule will require that all ruminants (not just cattle, sheep, 
and goats) imported into the United States from Canada for immediate 
slaughter be consigned from the port of entry directly to a recognized 
slaughtering establishment and there be slaughtered within 2 weeks from 
the date of entry. APHIS does not expect that the imposition of these 
requirements will increase or decrease the number of ruminants exported 
from Canada for immediate slaughter. This rule will not have a 
significant economic impact on importers, slaughtering establishments, 
or other entities, as the ruminants that will be affected, primarily 
bison and deer, normally go directly from the port of entry to 
slaughter and are slaughtered within 2 weeks. However, this action is 
necessary to ensure that bison, deer, and other ruminants imported for 
immediate slaughter are always handled in this way.
    This rule also will allow cattle, sheep, and goats imported from 
Canada for immediate slaughter to enter the United States without a 
certificate. This action will facilitate the importation of cattle, 
sheep, and goats from Canada for immediate slaughter, thereby saving 
importers some time. It will also save importers the cost of acquiring 
a certificate for cattle, sheep, and goats. However, this savings 
constitutes an insignificant portion of the cost of importing these 
animals.
    Finally, this rule will require that zoological parks approved to 
receive wild ruminants and wild swine from countries where foot-and-
mouth disease or rinderpest exists dispose of manure and other animal 
wastes within the zoological park only for the first year after the 
animal enters the zoological park. This amendment will relieve some 
burden on approximately 30 zoos that import wild ruminants or wild 
swine from countries where foot-and-mouth disease or rinderpest exists. 
Each zoo may save an estimated $100 to $1000 each year in disposal 
costs, depending on the number of affected animals in the park.
    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 rule 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 92

    Animal diseases, 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).

    2. Section 92.316 is amended by adding a second and third sentence 
to read as follows:


Sec. 92.316  Horses from Canada for immediate slaughter.

    * * * Such horses shall be inspected at the port of entry and 
otherwise handled in accordance with Sec. 92.306. As used in this 
section, ``directly'' means without unloading en route if moved in a 
means of conveyance, or without stopping if moved in any other manner.


Sec. 92.404  [Amended]

    3. Section 92.404 is amended as follows:
    a. In paragraph (c)(1), second sentence, the reference ``(c)(3)'' 
is removed and ``(c)(4)'' is added in its place.
    b. Paragraph (c)(3) is redesignated as paragraph (c)(4).
    c. A new paragraph (c)(3) is added to read as set forth below.
    d. In newly designated paragraph (c)(4), paragraph 4 of the 
agreement, the phrase ``Animal Quarantine Station in Clifton, New 
Jersey'' is removed and the phrase ``Animal Import Center in Newburgh, 
New York'' is added in its place.


Sec. 92.404  Import permits for ruminants and for ruminant specimens 
for diagnostic purposes; and reservation fees for space at quarantine 
facilities maintained by APHIS.

* * * * *
    (c) * * *
    (3) Manure and other animal wastes must be disposed of within the 
zoological park for a minimum of 1 year following the date a ruminant 
enters the park. If an APHIS veterinarian determines that a ruminant 
shows no signs of any illness at the end of this 1-year period, its 
manure and other wastes need not be disposed of within the park. If, 
however, an APHIS veterinarian determines that a ruminant does show 
signs of any illness at the end of this 1-year period, an APHIS 
veterinarian will investigate the illness and determine whether the 
ruminant's manure and other wastes may safely be disposed of outside 
the zoological park.
* * * * *


Sec. 92.418  [Amended]

    4. In Sec. 92.418, paragraph (a) is amended by removing the first 
word ``Cattle'' and adding the phrase ``Except for cattle imported for 
slaughter in accordance with Sec. 92.420, cattle'' in its place.


Sec. 92.419  [Amended]

    5. In Sec. 92.419, paragraph (a) is amended by removing the first 
word ``Sheep'', and adding the phrase ``Except for sheep and goats 
imported for slaughter in accordance with Sec. 92.420, sheep'' in its 
place; and paragraph (c) is removed.
    6. Section 92.420 is revised to read as follows:


Sec. 92.420  Ruminants from Canada for immediate slaughter.

    Any ruminant imported from Canada for immediate slaughter shall be 
consigned from the port of entry directly to a recognized slaughtering 
establishment and there be slaughtered within 2 weeks from the date of 
entry. Such ruminants shall be inspected at the port of entry and 
otherwise handled in accordance with Sec. 92.408.


Sec. 92.504  [Amended]

    7. Section 92.504 is amended as follows:
    a. In paragraph (c)(1), second sentence, the reference ``(c)(3)'' 
is removed and ``(c)(4)'' is added in its place.
    b. Paragraph (c)(3) is redesignated as paragraph (c)(4).
    c. A new paragraph (c)(3) is added to read as set forth below.
    d. In newly redesignated paragraph (c)(4), paragraph 4 of the 
agreement, the phrase ``Animal Quarantine Station in Clifton, New 
Jersey'' is removed and the phrase ``Animal Import Center in Newburgh, 
New York'' is added in its place.


Sec. 92.504  Import permits for swine and for swine specimens for 
diagnostic purposes; and reservation fees for space at quarantine 
facilities maintained by APHIS.

* * * * *
    (c) * * *
    (3) Manure and other animal wastes must be disposed of within the 
zoological park for a minimum of 1 year following the date the swine 
enters the park. If an APHIS veterinarian determines that the swine 
shows no signs of any illness at the end of this 1-year period, its 
manure and other wastes need not be disposed of within the park. If, 
however, an APHIS veterinarian determines that the swine does show 
signs of any illness at the end of this 1-year period, an APHIS 
veterinarian will investigate the illness and determine whether the 
swine's manure and other wastes may safely be disposed of outside the 
zoological park.
* * * * *
    8. Section 92.518 is amended by adding a second sentence to read as 
follows:


Sec. 92.518  Swine from Canada for immediate slaughter.

    * * * As used in this section, ``directly'' means without unloading 
en route if moved in a means of conveyance, or without stopping if 
moved in any other manner.

    Done in Washington, DC, this 25th day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-13289 Filed 5-31-94; 8:45 am]
BILLING CODE 3410-34-P