[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15037]
[[Page Unknown]]
[Federal Register: June 21, 1994]
VOL. 59, NO. 118
Tuesday, June 21, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. 93-122-1]
Animal Export Inspection Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the ``Inspection and Handling of
Livestock for Exportation'' regulations by establishing additional
standards for export inspection facilities. This action would ensure
that all export inspection facilities have running water and water
drainage systems, storage areas, and telephone. This action would also
require facilities where horses are inspected to have walkways in front
of stalls and ceiling height adequate for horses.
We are also proposing to require that animals intended for export
be inspected within 24 hours of embarkation and to make a minor
language change to the regulations for the sake of clarity.
DATES: Consideration will be given only to comments received on or
before August 22, 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. 93-122-1. 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 state, among other things, that all animals, except animals
being exported to Canada or Mexico, must be exported through designated
ports of embarkation.
To receive designation as a port of embarkation, a port must have
export inspection facilities available for the inspection, holding,
feeding, and watering of animals prior to exportation to ensure that
the animals meet certain requirements specified in the regulations. To
receive approval as an export inspection facility, the regulations
provide that a facility must meet the specified standards in
Sec. 91.14(c) concerning materials, size, inspection implements,
cleaning and disinfection, feed and water, access, testing and
treatment, location, disposal of animal wastes, lighting, and office
and rest room facilities.
We are proposing to establish additional standards in Sec. 91.14(c)
for export inspection facilities. We propose to require the following:
1. Export inspection facilities that examine horses must have
ceilings at least 12 feet high in any areas where horses will be. This
is the minimum height necessary to accommodate horses, which may rear
up.
2. Every export inspection facility must have running water and a
water drainage system. The drainage system must be able to control
surface drainage into or from the facility in a manner that prevents
any significant risk of livestock diseases being spread into or from
the facility. While current regulations in Sec. 91.14(c)(5) require
that facilities have only ``an ample supply of potable water,'' we
believe that running water and a drainage system are necessary to
adequately water the animals, to clean and disinfect the facility, and
to prevent the spread of disease.
We have determined that not all currently approved export
inspection facilities have water drainage systems and that these
proposed requirements could thus compel these facilities to make
structural changes. Therefore, we would allow these facilities 2 years
from the effective date of the final version of this rule to install a
water drainage system that prevents any significant risk of livestock
diseases being spread into or from the facility. However, all
facilities would be required to have running water upon the effective
date of the final version of this rule.
3. Every export inspection facility must have a storage area for
equipment that may accompany horses and other export animals. The area
must be able to protect equipment from weather conditions.
4. Every export inspection facility must have a telephone. A
telephone is necessary to notify an Animal and Plant Health Inspection
Service (APHIS) representative, an accredited veterinarian, or the
exporter in the event of an emergency, such as sudden onset of illness
among animals to be exported. A telephone is also necessary to make
reservations, cancellations, or changes regarding the arrival time of
animals.
5. Export inspection facilities for examining horses must have
walkways in front of the animal stalls. Walkways must be wide enough
that APHIS personnel can monitor and inspect animals without having to
enter animal stalls. This requirement is essential for safety reasons,
as horses may kick while being inspected.
Miscellaneous
The regulations in Sec. 91.3(a) require that certain animals
intended for export to Mexico or Canada be accompanied from the State
of origin to the United States border by an origin health certificate.
In addition to other requirements, this certificate must certify that
the animals were inspected within the 30 days prior to their movement
for export and that they ``were found to be sound, healthy, and free
from evidence of communicable disease and exposure thereto.'' We are
proposing to remove the word ``sound'' from this section, as it is too
vague to be enforceable.
We are also proposing to amend the regulations in Sec. 91.15(a).
The regulations in 91.15(a) require that animals be inspected by an
APHIS veterinarian prior to export, but do not specify a time frame
prior to export during which animals must be inspected. We are
proposing to require that all animals intended for export be inspected
by an APHIS veterinarian within 24 hours of embarkation. Because
animals may become ill shortly before embarkation, and because we do
not want sick or diseased animals to be exported from the United
States, we believe it is imperative that animals be inspected by an
APHIS veterinarian within 24 hours of embarkation.
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.
This proposed rule, if adopted, would establish additional
standards for animal export inspection facilities by requiring all
facilities to have adequate running water and water drainage systems,
storage areas, and a telephone. This action would also require
facilities where horses are inspected to have walkways in front of
stalls and ceiling height adequate for horses.
Though a small number of facilities do not have water drainage
systems, all of the facilities currently approved for export inspection
already meet all of the other additional standards proposed here. We
are proposing, therefore, only to codify existing industry practices.
We anticipate that this proposal will have an economic impact on the
few existing export inspection facilities without drainage systems.
Information was not available to us for determining the economic
impact of requiring that water drainage systems be installed in
facilities not already so equipped. However, we have tried to minimize
any economic impact by proposing to allow these facilities 2 years from
the effective date of the final version of this rule to install water
drainage systems. Allowing these facilities 2 years to install the
water drainage systems would ease the economic impact of this new
standard, as affected facilities would have additional time to shop for
different drainage system options and would be able to spread out the
costs of installation.
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 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
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 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR part 91 would be amended as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
1. 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]
2. In Sec. 91.3, paragraph (a), the third sentence would be amended
by removing the phrase ``sound, healthy,'' and adding the word
``healthy'' in its place.
3. Section 91.14 would be amended as follows:
a. Paragraph (c)(2) would be amended by adding a new sentence at
the end of the paragraph to read as set forth below.
b. Paragraph (c)(4) would be amended by adding two new sentences at
the end of the paragraph to read as set forth below.
c. Paragraph (c)(5) would be amended by adding the word
``running,'' immediately following the phrase ``An ample supply of'' in
the first sentence.
d. Paragraph (c)(11) would be amended by adding a new sentence at
the end of the paragraph to read as set forth below.
e. New paragraphs (c)(12) and (c)(13) would be added to read as set
forth below.
Sec. 91.14 [Amended]
* * * * *
(c) * * *
(2) * * * Facilities that inspect horses must have ceilings at
least 12 feet high in any areas where horses will be kept.
* * * * *
(4) * * * All facilities must have running water available to wash
and disinfect the facilities. On and after [Insert effective date of
final rule], facilities to be approved must have a drainage system;
and, on and after [Insert date 2 years after effective date of final
rule], every facility approved before [Insert effective date of final
rule] must have a drainage system. The drainage system must control
surface drainage into or from the facility in a manner that prevents
any significant risk of livestock diseases being spread into or from
the facility.
* * * * *
(11) * * * The facility must have a working telephone.
(12) Storage areas. Facilities must have storage areas adequate to
store any equipment accompanying the animals and to protect equipment
from weather conditions.
(13) Walkways. Facilities where horses are inspected must have
walkways in front of horse stalls wide enough to allow APHIS personnel
to monitor and inspect horses without entering individual stalls.
Sec. 91.15 [Amended]
8. In Sec. 91.15, paragraph (a), the phrase ``within 24 hours of
embarkation'' would be added immediately following the phrase ``shall
be inspected''.
Done in Washington, DC, this 15th day of June 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-15037 Filed 6-20-94; 8:45 am]
BILLING CODE 3410-34-P