[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13898-13900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6372]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 92

[Docket No. 94-085-1]


Importation of Sheep and Goats From Canada and Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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SUMMARY: We are amending the regulations for importing sheep and goats 
from Canada and Mexico to require that, with the exception of sheep and 
goats imported through land border ports for immediate slaughter, and 
wethers imported through land border ports, all sheep and goats 
imported into the United States from Canada and Mexico be accompanied 
by an import permit. This change is necessary to prevent the 
importation of sheep and goats that may be affected with scrapie.

DATES: Interim rule effective March 10, 1995. Consideration will be 
given only to comments received on or before May 15, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-085-1, Animal and Plant Health Inspection Service, Policy 
and Program Development, Regulatory Analysis and Development, 4700 
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your 
comments refer to Docket No. 94-085-1. 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. Joyce Bowling, Staff Veterinarian, 
or Dr. Roger Perkins, Staff Veterinarian, Animal and Plant Health 
Inspection Service, Veterinary Services, National Center for Import and 
Export, 4700 River Road Unit 38, Riverdale, MD 20737-1228. Telephone: 
(301) 734-8170. [[Page 13899]] 

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as ``the 
regulations'') govern the importation into the United States of live 
animals, including sheep and goats, to prevent those infected with 
scrapie from transmitting the disease to livestock in the United 
States.
    Scrapie is a progressive degenerative disease of the central 
nervous system of sheep and goats. Scrapie occurs more often in certain 
flocks and herds and certain bloodlines, indicating that these animals 
may be genetically predisposed to become infected with or develop the 
disease. Scrapie may also be transmitted by breeding and other physical 
contact between animals.
    The disease develops slowly, with an incubation period lasting up 
to 5 years. The signs which then become manifest may include 
nervousness, incoordination, slight muscular tremors, visible weight 
loss, lack of luster in the animals' wool, and itching. Affected 
animals become debilitated and die. There is no diagnostic test for 
confirming the presence of the disease in a live animal. Therefore, 
presence of the disease cannot be detected until an animal becomes 
clinically ill. There is no known treatment for the disease. The impact 
of the disease in the United States could increase if spread of the 
disease is not controlled, or if incidence of the disease increases. 
The regulations are intended to prevent the importation of animals that 
could transmit scrapie.

Import Permits

    One way we have of ensuring that sheep and goats intended for 
importation into the United States are healthy is by reviewing 
background information concerning the animals that is supplied when an 
importer applies for a permit to import the animals. The requirements 
for obtaining a permit to import sheep and goats and other ruminants 
are contained in Sec. 92.404.
    Before the effective date of this interim rule, the regulations 
required that importers obtain an import permit for all sheep and goats 
intended for importation into the United States from any part of the 
world, except for certain sheep and goats imported from Canada or 
Mexico through land border ports, and certain sheep and goats moved 
from the British Virgin Islands to the U.S. Virgin Islands for 
immediate slaughter. These exceptions were contained in 
Secs. 92.417(a), 92.424(a), and 92.422(a), respectively.
    With two exceptions, this interim rule requires all sheep and goats 
imported into the United States from Canada or Mexico to be accompanied 
by an import permit. This is because sheep and goats, with the 
exceptions explained below, that are imported from Canada or Mexico 
through a land border port could be infected with and transmit scrapie 
to livestock in the United States. The exceptions are sheep and goats 
imported for immediate slaughter and wethers.
    Sheep and goats, as well as other ruminants imported from Canada 
and Mexico for immediate slaughter must, under our regulations, be 
consigned from the port of entry to a recognized slaughtering 
establishment and be slaughtered there within 2 weeks of importation 
(see Sec. 92.400, the definition of immediate slaughter, and 
Secs. 92.420 and 92.429). Wethers are castrated male sheep or goats. 
They are incapable of breeding and are imported for feeding and 
subsequent slaughter. According to industry practice, wethers are kept 
in confinement during feeding. Under these circumstances, neither 
wethers nor sheep and goats imported for immediate slaughter from 
Canada or Mexico pose any significant threat of transmitting scrapie to 
livestock in the United States.
    By requiring a permit for other sheep and goats intended for 
importation from Canada or Mexico through a land border port, we will 
have an opportunity to review background information on the animals and 
determine whether the animal may be infected with scrapie, which cannot 
be detected by visual inspection at the border.
    We are not exempting from our permit requirements sheep and goats 
imported for immediate slaughter from countries other than Canada or 
Mexico. Neither are we exempting from our permit requirements wethers 
imported from countries other than Canada or Mexico. The exemption from 
our permit requirements for wethers and for sheep and goats for 
immediate slaughter are only for those sheep and goats that are 
imported from Canada and Mexico through a land border port, where 
inspectors can check the animals for disease and ectoparasites before 
the animals cross the border into the United States.
    In connection with the amendments discussed above, we are adding a 
definition for wether to the definitions in Sec. 92.400, as follows: 
``A castrated male sheep or goat.''

Effective Date

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. We have been made 
aware that sheep and goats impregnated with embryos from animals in 
countries affected with scrapie will be presented for importation into 
the United States from Canada in the next few days or weeks. We will be 
unable to identify these animals because our regulations currently 
allow them to be imported into the United States without an import 
permit.
    We are not aware of any similar animals to be presented for 
importation from Mexico. However, a similar situation could occur at 
any time with regard to sheep and goats from Mexico because certain 
sheep and goats imported into the United States from Mexico through 
land border ports are not required to have an import permit. If such a 
situation did occur, we would probably have little or no notice, and 
without a permit requirement we could not identify animals from Mexico 
which could transmit scrapie to livestock in the United States.
    The only other sheep and goats which can be imported into the 
United States without a permit are certain ruminants moving from the 
British Virgin Islands to the U.S. Virgin Islands for immediate 
slaughter. Because these animals are moving to slaughter, they do not 
pose any disease threat.
    Immediate action is therefore necessary to prevent the importation 
of sheep and goats that may transmit scrapie to U.S. livestock. Because 
prior notice and other public procedures with respect to this action 
are impracticable and contrary to the public interest under these 
conditions, we find good cause under 5 U.S.C. 553 to make it effective 
upon signature. We will consider comments that are received within 60 
days of publication of this rule in the Federal Register. After the 
comment period closes, we will publish another document in the Federal 
Register. It will include a discussion of any comments we receive and 
any amendments we are making to the rule as a result of the comments.

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.
    This rule requires an import permit for certain sheep and goats 
imported into the United States from Canada and Mexico through a land 
border port.
    Between December of 1993 and December of 1994, 30,614 sheep and 
goats were imported from Canada [[Page 13900]] through a land border 
port; none were imported from Mexico through a land border port. Over 
97 percent of these sheep and goats were wethers or were imported for 
immediate slaughter. Wethers and sheep and goats imported through land 
border ports for immediate slaughter continue to be exempt from the 
requirement for an import permit. Based on these numbers, we expect 
that only 3 percent of sheep and goats imported from Canada or Mexico 
through land border ports will be required to be accompanied by an 
import permit under this rule. There is no fee for the import permit.
    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

    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 rule have been approved by the Office of Management 
and Budget (OMB), and there are no new requirements. The assigned OMB 
control number is 0579-0040.

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 92.400 is amended by adding a definition for Wether, in 
alphabetical order, to read as follows:


Sec. 92.400  Definitions.

* * * * *
    Wether. A castrated male sheep or goat.
* * * * *
    3. Section 92.417 is amended as follows:
    a. In paragraph (a), the introductory text is amended by adding, 
immediately before the colon at the end of the text, the word: ``is''.
    b. Paragraphs (a)(1) and (a)(2) are redesignated as paragraphs 
(a)(3)(i) and (a)(3)(ii), respectively; and new paragraphs (a)(1), 
(a)(2), and (a)(3) are added to read as follows:


Sec. 92.417  Import permit and declaration for ruminants.

    (a) * * *
    (1) A wether;
    (2) A sheep or goat imported for immediate slaughter; or
    (3) A ruminant other than a sheep or goat and that ruminant:
* * * * *
    4. Section 92.424 is amended as follows:
    a. In paragraph (a), the introductory text is amended by adding, 
immediately before the colon at the end of the text, the word ``is''.
    b. Paragraphs (a)(1), (a)(2), and (a)(3) are redesignated as 
paragraphs (a)(3)(i), (a)(3)(ii), and (a)(3)(iii), respectively; and 
new paragraphs (a)(1), (a)(2), and (a)(3) are added to read as follows:


Sec. 92.424  Import permits and applications for inspection of 
ruminants.

    (a) * * *
    (1) A wether;
    (2) A sheep or goat imported for immediate slaughter; or
    (3) A ruminant other than a sheep or goat and that ruminant:
* * * * *
    Done in Washington, DC, this 10th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-6372 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-34-P