[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Rules and Regulations]
[Pages 9609-9611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4177]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. 93-122-2]
Animal Export Inspection Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the ``Inspection and Handling of Livestock for
Exportation'' regulations by establishing additional standards for
export inspection facilities. This action requires that all export
inspection facilities have running water and water drainage systems and
a telephone. This action also requires facilities where horses are
inspected to have walkways in front of stalls and 12 foot high ceilings
in areas where horses are inspected.
We are also requiring that animals intended for export be
inspected within 24 hours of embarkation and making a minor language
change to the regulations for the sake of clarity.
EFFECTIVE DATE: March 23, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Najam Faizi, Senior Staff
Veterinarian, Animal and Plant Health Inspection Service, Veterinary
Services, Import-Export Animals Staff, 4700 River Road Unit 39,
Riverdale, MD 20737-1231. Telephone: (301) 734-8383.
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
[[Page 9610]] 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.
On June 21, 1994, we published in the Federal Register (59 FR
31956-31957, Docket No. 93-122-1) a proposal to amend the regulations
to establish additional standards in Sec. 91.14(c) for export
inspection facilities. We proposed to require that all export
inspection facilities have running water and water drainage systems and
a telephone. We also proposed to require that facilities where horses
are inspected have walkways in front of stalls and 12 foot high
ceilings in areas where horses are inspected. Finally, we proposed to
require that animals intended for export be inspected within 24 hours
of embarkation.
We solicited comments concerning our proposal for 60 days ending
August 22, 1994. We received four comments by that date. They were from
animal import/export businesses and from Animal and Plant Health
Inspection Service (APHIS) veterinarians.
Three of the commenters generally supported the proposal, but
requested that we require that animals intended for export be inspected
closer to the time of embarkation than 24 hours. We continue to
believe, however, that inspection within 24 hours of embarkation is
adequate to prevent unhealthy or infected animals from leaving the
United States. Further, this new requirement would not prevent APHIS
veterinarians from inspecting animals closer to the time of
embarkation, if they preferred.
Also, three commenters objected to the language regarding the new
requirement that facilities handling horses have walkways in front of
horse stalls. Specifically, commenters objected to language stating
that walkways be wide enough that APHIS personnel could ``monitor and
inspect animals without having to enter animal stalls.'' One commenter
felt that this language implied that APHIS veterinarians carried out
animal health inspections without handling animals. Another commenter
stated that, although his facility has walkways in front of horse
stalls, a person would be unable to see into the stalls from the
walkway, as the stalls have solid doors. A third commented that we
should specify a minimum width for the walkways.
By proposing the requirement regarding walkways, we had intended
only to ensure that APHIS personnel would be able to inspect a
dangerous or wild horse without entering that horse's stall and risking
injury. We agree that our proposal implied that APHIS personnel could
carry out a health inspection without handling the horse concerned.
That was not our intention and, accordingly, we are revising the
language regarding the walkway requirement, which we feel is still
necessary.
This final rule will require that animal inspection facilities
have ``walkways in front of horse stalls wide enough to allow APHIS
personnel to safely remove horses from the stalls for inspection, if
necessary.'' Like the original requirement proposed, this revised
requirement will allow APHIS personnel to inspect horses when they are
unable to enter safely into horse stalls.
Also as in the proposal, the revised requirement does not specify
a minimum width for walkways. We want to permit facilities to use a
variety of walkway sizes and configurations, as long as they are wide
enough to allow APHIS personnel to safely remove horses from the stalls
for inspection.
Finally, one of the commenters objected to several of the proposed
requirements as unnecessary for the operation of an animal export
facility. His objections and our responses are as follows:
Comment: The 12 foot ceiling height requirement for facilities
handling horses is arbitrary. Our ceilings are 10 feet high at some
points and we have never encountered any problems.
Response: We had proposed to require that ceilings be 12 feet high
anywhere horses are kept. However, since horses in export facilities
tend to rear up when they are being handled (especially during
inspection), but usually not at other times, we will modify the ceiling
height standard and require that ceilings only need to be 12 feet high
in areas where horses are inspected. Again, we are making this change
because we believe that horses are most likely to rear up while being
inspected, and, therefore, this height requirement allows for the safe
handling of horses.
Comment: Requiring animal export facilities to have storage areas
for equipment accompanying animals is beyond the scope of the
regulations, which are intended to facilitate the inspection of animals
prior to export and to prevent the export of diseased animals.
Response: We agree that storage areas are not necessary for these
purposes and, therefore, we are removing that requirement from this
rule.
Comment: The language of the proposed requirement regarding
drainage systems is too vague, and compliance, therefore, may be
difficult.
Response: The language in this requirement is intentionally
general. More specific language could limit facilities to using only
certain types of drainage systems. We want to permit the use of a
variety of drainage systems, so long as they meet the intent of the
requirement, ``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.''
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 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. 601 et seq., we have performed a Final
Regulatory Flexibility Analysis, set forth below, regarding the
economic impact of this rule on small entities.
This rule establishes additional standards for animal export
inspection facilities by requiring all facilities to have adequate
running water, water drainage systems, and a telephone. This action
also requires facilities where horses are kept to have walkways in
front of stalls and ceilings 12 feet high in areas where horses are
inspected.
Except for a small number of facilities that do not have water
drainage systems and one or two facilities that do not have 12 foot
high ceilings, to the best of our knowledge, all of the facilities
currently approved for export inspection already meet all of the other
additional standards proposed here. We are only codifying, therefore,
existing industry practices. We anticipate that [[Page 9611]] this
action will have a negative economic impact on the few existing export
inspection facilities without drainage systems or 12 foot high ceilings
in inspection areas for horses.
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 are trying to minimize
any economic impact by allowing 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 will ease the economic impact of this new
standard, as affected facilities will have additional time to shop for
different drainage system options and will be able to spread out the
costs of installation. We did not receive any comments objecting to our
requiring a water drainage system.
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 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 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR part 91 is amended as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
1. The authority citation for part 91 continues to read as follows:
Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,
136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a and 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 is amended by
removing the phrase ``sound, healthy,'' and adding the word ``healthy''
in its place.
3. Section 91.14 is amended as follows:
a. Paragraph (c)(2) is amended by adding a new sentence at the end
of the paragraph to read as set forth below.
b. Paragraph (c)(4) is amended by adding three new sentences at the
end of the paragraph to read as set forth below.
c. Paragraph (c)(5) is amended by adding the word ``running,''
immediately following the phrase ``An ample supply of'' in the first
sentence.
d. Paragraph (c)(11) is amended by adding a new sentence at the end
of the paragraph to read as set forth below.
e. A new paragraph (c)(12) is added to read as set forth below.
Sec. 91.14 Ports of embarkation and export inspection facilities.
* * * * *
(c) * * *
(2) * * * Facilities that inspect horses must have ceilings at
least 12 feet high in any areas where horses are inspected.
* * * * *
(4) * * * All facilities must have running water available to wash
and disinfect the facilities. On and after March 23, 1995, facilities
to be approved must have a drainage system; and, on and after March 23,
1997, every facility approved before March 23, 1995 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) Walkways. Facilities where horses are inspected must have
walkways in front of horse stalls wide enough to allow APHIS personnel
to safely remove horses from the stalls for inspection, if necessary.
Sec. 91.15 [Amended]
8. In Sec. 91.15, paragraph (a), the phrase ``within 24 hours of
embarkation'' is added immediately following the phrase ``shall be
inspected''.
Done in Washington, DC, this 14th day of February 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-4177 Filed 2-17-95; 8:45 am]
BILLING CODE 3410-34-P