[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25151-25162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11561]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92 and 98

[Docket No. 94-085-2]


Importation of Sheep and Goats and Germ Plasm From Sheep and 
Goats

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the animal importation regulations 
to revise who may issue health certificates for ruminants offered for 
importation. This amendment would make the regulations more consistent 
with regard to different animals and countries and would provide for an 
alternative method of issuing health certificates. We are also 
proposing to amend the animal importation regulations to revise the 
conditions for importing sheep and goats. Likewise, we are proposing to 
amend the animal germ plasm regulations to revise the conditions for 
importing germ plasm from sheep and goats. These changes appear 
necessary to prevent the importation of sheep and goats, and germ plasm 
from sheep and goats, that may be affected with scrapie.
    In addition, we are proposing to amend the animal importation 
regulations to allow imported goats to be quarantined in privately 
operated quarantine facilities that meet the requirements that now 
apply to privately operated quarantine facilities for sheep. This 
amendment would provide uniform rules for the quarantine of animals 
which pose an identical disease risk.
    Lastly, we are proposing to remove from the regulations health 
certificate requirements with regard to the importation of sheep from 
New Zealand. Since it appears that sheep from New Zealand pose no 
greater disease risk than sheep from other countries, it is no longer 
necessary to require such sheep to meet special health certificate 
requirements.

COMMENTS: Consideration will be given only to comments received on or 
before July 10, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-085-2, 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. 94-085-2. 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 25152]] 

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 govern the importation into the 
United States of live animals, including sheep and goats, which are 
regulated in part to prevent those infected with scrapie from 
transmitting the disease to livestock in the United States. The 
regulations in 9 CFR part 98 govern the importation into the United 
States of germ plasm (semen and embryos), including germ plasm from 
sheep and goats.
    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 or in germ 
plasm. 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. For these reasons, our regulations are intended to 
prevent the importation of animals and germ plasm that could transmit 
scrapie, while controlling spread of the disease as it exists in the 
United States and eliminating foci of infection.
    The regulations in 9 CFR parts 92 and 98 are designed, in part, to 
prevent the importation of scrapie-infected animals and germ plasm into 
the United States. Other regulations concerning scrapie are contained 
in 9 CFR parts 54 and 79. The regulations in part 54 deal with 
controlling scrapie in the United States, and include, among other 
things, the Voluntary Scrapie Flock Certification Program. The 
regulations in part 79 concern identification of sheep and goats in the 
United States that are or may be affected with scrapie, and restrict 
the interstate movement of sheep and goats so as to prevent the 
interstate spread of scrapie.
    In this document we are proposing to amend the regulations in parts 
92 and 98, as they pertain to the importation of sheep and goats and of 
germ plasm from sheep and goats. In our discussion, we refer to the 
regulations in both these parts of the CFR as ``the regulations.'' 
Proposed amendments to each part are discussed separately.

Changes to Part 92

    Under part 92 regulations, sheep and goats may enter the United 
States only if they meet certain conditions intended to prevent the 
importation of sheep and goats that may be affected with scrapie. The 
regulations have varying and sometimes inconsistent requirements 
concerning the source of the animals, the length of time animals must 
have been in scrapie-free locations, and whether they must be 
accompanied by a health certificate.
    We believe the regulations should be amended to better target the 
animals most likely to be infected with scrapie and not unduly restrict 
the animals which do not pose a significant threat of disease. We also 
believe the regulations should be amended to clarify them and make them 
more uniform. We are therefore proposing various amendments, which are 
discussed individually below.

Certificates--Issuance

    We are proposing to amend the regulations concerning certificates. 
Under our current regulations, most ruminants imported into the United 
States must be accompanied by a certificate containing health 
information. Our existing regulations state that most certificates must 
be issued by ``a salaried veterinary officer of the national government 
of the country of origin,'' unless the animal is imported from Mexico, 
in which case, as an alternative, the certificate can also be issued by 
a veterinarian accredited by the National Government of Mexico and 
endorsed by a full-time salaried veterinary officer of the National 
Government of Mexico (see existing Sec. 92.405(a)). Other sections of 
the regulations, concerning specific animals from specific countries, 
contain slightly different requirements. For example, existing 
Sec. 92.418(a), concerning cattle from Canada, states that a 
certificate ``issued or endorsed by a salaried veterinarian of the 
Canadian Government'' is required. Section 92.419(a), concerning sheep 
and goats from Canada, states that a ``certificate either issued by a 
salaried veterinarian of the Canadian Government or issued by a 
veterinarian authorized by the Canadian Government to issue such 
certificates and subsequently endorsed by a salaried veterinarian of 
the Canadian Government'' is required. Section 92.423(a), concerning 
ruminants from Central America and the West Indies, requires a 
``certificate of a salaried veterinarian of the national government of 
the country of origin.''
    We believe our regulations should be as consistent as possible. We 
also believe an alternative method of issuing certificates, such as is 
available for ruminants imported from Mexico, should be available to 
importers of ruminants from all countries. Such a change would not 
affect the risk of spreading animal diseases to the United States. 
Therefore, we are proposing to amend the certificate requirements in 
Sec. 92.405(a) to state that certificates must be either: (1) Issued by 
a salaried veterinary officer of the national government of the country 
of origin, or, alternatively; (2) issued by a veterinarian accredited 
or designated by the national government of the country of origin and 
endorsed by a full-time salaried veterinary officer of the national 
government of the country of origin, thereby representing that the 
veterinarian issuing the certificate was authorized to do so.
    Like the United States, Mexico accredits veterinarians to act on 
behalf of the national government and perform functions required under 
these regulations. Other countries ``designate'' veterinarians to 
perform such work. For this reason, we propose to use both terms in our 
regulations. In addition, we would amend existing Secs. 92.418(a), 
92.419(a), 92.423(a), 92.427, 92.428(a), and 92.429 to remove the 
requirements concerning who may issue a certificate and to refer 
instead to the requirements in proposed Sec. 92.405(a). As explained 
above, these amendments would not have any effect on disease risk. 
These amendments would, however, allow importers more flexibility, and 
would make the certificate issuance requirements uniform while 
consolidating them in one section of the regulations.

Health Requirements

    Section 92.405(b) contains requirements for certifying the health 
status, with respect to scrapie, of sheep and goats intended for 
importation into the United States. We propose to amend Sec. 92.405(b) 
to require that the certificate accompanying the sheep or goats state 
that:
    (1) The sheep or goats have not been in any flock or herd nor had 
contact with sheep or goats which have been in any flock or herd where 
scrapie has been diagnosed or suspected during the 5 years immediately 
prior to shipment;
    (2) None of the female sheep or goats in the flock or herd from 
which the [[Page 25153]] sheep or goats will be imported was 
impregnated, during the 5 years immediately preceding shipment of the 
sheep or goats to the United States, with embryos or semen from another 
country other than the United States or from a flock or herd of unknown 
scrapie status;
    (3) The veterinarian issuing the certificate has inspected the 
sheep or goats in the flock or herd from which the sheep or goats will 
be imported and found the flock or herd to be free of clinical symptoms 
of scrapie, and of any other infectious or contagious disease;
    (4) None of the sheep or goats in the flock or herd from which the 
sheep or goats will be imported is the progeny of a sire or dam that 
has been affected with scrapie or that has produced offspring that have 
been affected with scrapie; and
    (5) As far as it is possible for the veterinarian who inspects the 
animals to determine, none of the sheep or goats in the flock or herd 
from which the sheep or goats will be imported has been exposed to 
scrapie or any other infectious or contagious disease during the 60 
days immediately preceding shipment to the United States.
    For reasons explained below, these requirements appear necessary to 
help ensure that animals to be imported into the United States are not 
infected with scrapie and have not been exposed to scrapie.
    Currently, our regulations require that sheep and goats come from a 
scrapie-free ``district.'' This requirement was designed to ensure that 
scrapie is not imported through sheep and goats originating in 
districts where scrapie exists. However, because scrapie is apparently 
transmitted through close physical contact, it is necessary to 
determine the health status of the sheep or goats with which the 
imported animal has had such contact. Therefore, we believe it is 
unnecessary to require that animals come from a scrapie-free 
``district,'' and our proposed regulations focus instead on the 
animals' flock or herd.
    Our regulations also currently require, in different sections, that 
sheep and goats, to be eligible for importation into the United States, 
must have been in scrapie-free locations for the preceding 3 years or 
for the preceding 42 months (e.g., Secs. 92.405(b)(iii) and 
92.419(a)(3)). However, an animal can be over 4 years of age before it 
shows symptoms of scrapie. The age when signs first appear is variable. 
We believe that 5 years, or 60 months, would be adequate to ensure that 
an animal is not infected.
    We are proposing to require that inspections be conducted by the 
veterinarian who issues the certificate in order to ensure that the 
animals are inspected by a veterinarian qualified to detect scrapie and 
other diseases. The proposed requirements concerning the health of the 
sire and dam, and other progeny of the sire and dam are intended to 
help ensure that the animals to be imported are not infected with 
scrapie. In addition, the proposed restriction on the use of embryos or 
semen from other countries or from flocks or herds of unknown scrapie 
status is intended to ensure that scrapie has not been introduced into 
the flock or herd from which the animals are to be imported into the 
United States.
    We are proposing to use both ``flock'' and ``herd'', although the 
terms are synonymous. This usage is standard in the livestock industry: 
``flock'' is used in connection with sheep, and ``herd'' is used in 
connection with goats. In connection with this proposed amendment, we 
are also proposing to amend the definition of herd in Sec. 92.400. We 
would make the wording identical to the definition of flock in 
Sec. 54.1, which reads: ``All animals maintained on any single 
premises; and all animals under common ownership or supervision on two 
or more premises which are geographically separated, but among which 
there is an interchange or movement of animals.'' We would also add the 
same definition of flock to Sec. 92.400 and to the regulations in part 
98. These changes are intended to make our regulations consistent and 
avoid possible different interpretations. Later in this document, under 
the heading Part 98, we discuss our proposal to add a definition of 
flock to that part. Additional Requirements
    To further ensure that imported sheep and goats do not transmit 
scrapie to sheep and goats in the United States, we are proposing to 
add a new set of requirements in proposed Sec. 92.435. Proposed 
Sec. 92.435 would not apply to Australia, Canada, and New Zealand since 
we do not believe sheep and goats imported from these countries pose a 
risk of transmitting scrapie into the United States. Australia and New 
Zealand are recognized by the United States Department of Agriculture 
and the Office International des Epizooties (Office of International 
Epizootics) as scrapie-free countries. Therefore, sheep and goats from 
these countries pose no risk of importing scrapie into the United 
States. Although Canada is not free of scrapie, Canada employs 
reporting and surveillance requirements equivalent to the United 
States. Such requirements include, but are not limited to: (1) 
Reporting incidence of scrapie; (2) restriction of animal movement 
within the country because of scrapie; (3) identification of flocks or 
herds with scrapie; and (4) depopulation mechanisms for scrapie (i.e., 
removal of high-risk animals). Canadian regulations are distinctly 
designed to control the spread of scrapie within that country. 
Furthermore, APHIS and Canadian animal health authorities closely 
coordinate scrapie control efforts. Under these circumstances, it 
appears unnecessary and unproductive to impose the requirements 
proposed in new Sec. 92.435 upon sheep and goats imported from 
Australia, Canada or New Zealand.
    With certain exceptions, we propose to allow sheep or goats to be 
imported into the United States only if they meet one of the following 
two conditions: (1) They are placed in a flock or herd that 
participates in the Voluntary Scrapie Flock Certification Program and 
qualifies at the ``Certified'' level; or (2) they are placed in a flock 
or herd that participates in the Voluntary Scrapie Flock Certification 
Program and the owner of the flock or herd has agreed in writing to 
continue to do so until the flock or herd meets the conditions for 
being ``Certified.''
    The Voluntary Scrapie Flock Certification Program (see 9 CFR part 
54, subpart B, Secs. 54.10-54.13 and the ``Uniform Methods and Rules--
Voluntary Scrapie Flock Certification Program'' (UM&R))1 is 
designed to reduce the incidence and control the spread of scrapie. It 
was established after several years of discussion and input from 
industry representatives, members of the public, and other affected and 
interested parties. Among other things, it establishes an official 
tamper-proof identification system for sheep and goats in the Program. 
It also requires that participating animals be regularly inspected and 
that flock and herd owners keep records of sales and dispersals. The 
long-term goal of the Program is to reduce the incidence of scrapie in 
the United States.

    \1\Individual copies of the UM&R may be obtained from the Animal 
and Plant Health Inspection Service, Veterinary Services, National 
Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 
20737-1231.
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    Herds and flocks participating in the Voluntary Scrapie Flock 
Certification Program are classified according to the risk of their 
being infected with scrapie. Each herd receives an identifying number. 
From greatest to least risk (referred to also as from lowest to highest 
level), the classes are: Certifiable Class C, Certifiable Class B, 
Certifiable Class A, and Certified.
    Under proposed Sec. 92.435, prospective importers would have to 
provide the Volunteer Scrapie Flock Certification 
[[Page 25154]] Program identification number of the receiving flock or 
herd as part of their permit application. A permit would not be issued 
unless the permit application identified a flock or herd to receive the 
imported animals. Wethers, sheep and goats imported for immediate 
slaughter, and wild sheep and goats imported to an approved zoological 
park for exhibition purposes would be exempt from this requirement. 
These animals, provided they have met all applicable permit, 
certificate, and other requirements of the regulations, would not 
present any significant risk of transmitting scrapie.
    Under option 1, only animals from flocks or herds in the country of 
origin which were participating in a program that is equivalent to our 
Voluntary Scrapie Flock Certification Program, and which were at a 
level equivalent to the ``Certified'' level, could qualify to be 
imported. Animals imported into ``Certified'' flocks or herds could be 
removed from the flocks or herds at any time, at the option of the 
owner. This is in accordance with the terms of the Voluntary Scrapie 
Flock Certification Program, which allows participants to leave the 
program at any time. Animals in ``Certified'' flocks or herds pose 
little or no risk of transmitting scrapie.
    Likewise, under option 2, receiving flocks and herds would have to 
participate in the Voluntary Scrapie Flock Certification Program. 
However, owners of receiving flocks and herds would have to agree, in 
writing, to abide by the requirements of the Program for a minimum of 5 
years, or until the flock or herd reached ``Certified'' status. At that 
time, animals in the flock or herd could be removed to any location. 
Prior to that, animals could only be removed to other flocks or herds 
which have met the requirements of Sec. 92.435 for receiving sheep or 
goats imported under option 2 and which have reached the same 
certification level or are at a lower level (i.e., are at an equal or 
greater risk). For example, sheep and goats in receiving herds at the 
Certifiable Class B level could be moved to other complying herds at 
the Certifiable Class B or Class C level. They could not be moved to 
flocks or herds at the Certified or Certifiable Class A level.
    Under current requirements of the Voluntary Scrapie Flock 
Certification Program, such animals would have to remain in a 
``Certifiable'' flock or herd until the flock or herd achieved 
``Certified'' status, which would vary from 2 years (animals entering 
Certifiable Class A herds), 4 years (animals entering Certifiable Class 
B herds), and 5 years (animals entering Certifiable Class C herds). If 
the classification status of the receiving herd fell after the animals 
were added to the flock or herd, the animals would have to remain in 
that flock or herd, or another complying flock or herd of equal or 
lower status (i.e., greater risk), until the flock or herd achieved 
``Certified'' status.
    Animals imported under option 2 would have to be placed in 
Certifiable Class C flocks or herds, unless: (1) They came from flocks 
or herds that were participating in a program in the country of origin 
that was equivalent to our Voluntary Scrapie Flock Certification 
Program; and (2) the flock or herd was participating at a level 
equivalent to ``Certifiable Class B'' or ``Certifiable Class A.'' The 
animals would then be placed in either a certifiable Class B or A flock 
or herd, depending upon the level in the country of origin.
    In addition to meeting the requirements of Sec. 92.405, the 
certificate accompanying all sheep and goats imported under proposed 
Sec. 92.435, except sheep and goats placed in Certifiable Class C 
flocks or herds, would have to state that: ``The animals identified on 
this certificate have been monitored by a salaried veterinary officer 
of [name of country of origin], for [number of months], in the same 
source flock or herd which had been determined by the Administrator, 
APHIS, prior to the exportation of these animals to the United States, 
to be equivalent to [certification level] of the Voluntary Scrapie 
Flock Certification Program authorized under 9 CFR Part 54, subpart 
B.''
    The Administrator of the Animal and Plant Health Inspection Service 
(APHIS) would determine, in advance of the importation, whether a 
country from which the animals are to be imported has a scrapie control 
program equivalent to our Voluntary Scrapie Flock Certification 
Program. The Administrator also would determine, in advance of the 
importation, the participation status of the flock or herd. Prospective 
importers who wish to import sheep and goats into flocks or herds in 
the United States would have to supply certain information to APHIS, at 
the time they apply for an import permit, in order for the 
Administrator to make these determinations. We intend to recommend that 
prospective importers apply for permits no less than 1 month prior to 
the anticipated date of importation.
    The information provided would have to include the name, title, and 
address of a knowledgeable official in the veterinary services of the 
country of origin, and details of scrapie control programs in the 
country of origin, including information on disease surveillance and 
border control activities and the length of time these activities have 
been in effect. We would also require information concerning additions 
to the herd or flock from which the sheep or goats would be imported 
during the 5 years immediately preceding shipment to the United States. 
Additionally, we would require any available data concerning disease 
incidence, during the 5 years immediately preceding shipment, in the 
flock or herd from which the sheep or goats would be imported, 
including, but not limited to, the results of diagnostic tests, 
especially histopathology tests, conducted on any animals in the flock 
or herd. The prospective importer would also be asked to include 
information concerning the health of other ruminants, flocks, and herds 
with which the imported sheep and goats, and with which animals in the 
sheep or goats' flock or herd, might have had physical contact over the 
5 years immediately preceding shipment of the sheep or goats to the 
United States, and a description of the type and frequency of the 
physical contact. This information appears necessary to make a 
determination of the disease status of the flock or herd from which the 
sheep or goats would be imported. The Administrator could require 
additional information as needed in specific cases to make a final 
determination.
    The Administrator would determine that a program was equivalent 
only if the requirements of the program equalled or exceeded the 
management practices required under our Voluntary Scrapie Flock 
Certification Program. We have determined, based on experience, that if 
these practices are followed, they effectively ensure that flocks and 
herds remain free of scrapie. Sheep and goats imported from flocks and 
herds that meet equivalent standards are unlikely to have been exposed 
to scrapie.
    Any violation of the import requirements set forth in proposed 
Sec. 92.435 would be a basis for an enforcement action, including, but 
not limited to, the removal from the United States of the animals 
imported.

Miscellaneous Amendments

    We also propose to remove Sec. 92.433 and to amend Sec. 92.411. 
Section 92.433 concerns importation of sheep from New Zealand; 
Sec. 92.411 contains cross-references to Sec. 92.433 and sheep from New 
Zealand.
    The provisions of current Sec. 92.433 first became effective on 
June 10, 1988 (see 53 FR 21794-21809, Docket 88-057). At that time, 
there appeared to be [[Page 25155]] considerable interest in importing 
large numbers of sheep from New Zealand. It was anticipated that more 
sheep would be imported from New Zealand than could be handled at 
existing Federal quarantine facilities. The regulations were therefore 
amended to provide for privately operated quarantine facilities for 
sheep, including sheep from New Zealand, and to add health 
certification requirements concerning sheep from New Zealand.
    We propose to remove the health certification requirements. Not 
only are large numbers of sheep from New Zealand not currently imported 
into the United States, but our experience has shown that sheep 
imported from New Zealand do not pose any disease or pest risk not also 
posed by sheep from other countries. We therefore believe that 
requiring sheep from New Zealand to meet special health certification 
requirements is unnecessary. We are therefore proposing to remove 
Sec. 92.433. In addition, we would amend Sec. 92.411(b) to remove 
references to Sec. 92.433 and sheep from New Zealand.
    Section 92.411(b)(1) also provides that certain ruminants imported 
into the United States must be quarantined for not less than 15 days. 
We propose to amend Sec. 92.411 to require quarantine of not less than 
30 days for all ruminants that must be quarantined under the 
regulations. A minimum of 30 days, which is already the minimum time 
required for cattle, is necessary to ensure that there is adequate time 
to complete required testing.
    We also propose to amend Sec. 92.434. This section contains 
requirements for privately operated quarantine facilities for sheep. We 
would amend this section so that the same requirements would apply to 
privately operated quarantine facilities for goats. Goats are normally 
raised under similar conditions and are subject to the same diseases 
and pests as sheep. They therefore pose the same disease risks as 
sheep. Under these circumstances, we believe goats can be safely 
handled in privately operated quarantine facilities that meet the same 
requirements that apply to privately operated quarantine facilities for 
sheep.

Changes to Part 98

    The regulations in part 98 for importation of embryos from 
countries free of rinderpest and foot-and-mouth disease are contained 
in subpart A. These regulations require, among other things, that 
embryos may be imported if the donor sire and donor dam meet all the 
requirements they would have to meet under part 92 for a health 
certificate for importation into the United States (Sec. 98.3 (d) and 
(e)). The regulations in part 98 for importation of animal semen are 
contained in subpart C. These regulations do not contain provisions for 
health certification of the donor sire, except when the animal semen is 
imported from a country where rinderpest or foot-and-mouth disease 
exists (Sec. 98.34(c)(1)(i)). We are proposing to amend the regulations 
in part 98, subparts A and C, to add specific requirements concerning 
the importation of germ plasm from sheep and goats, to prevent 
importations of germ plasm that could transmit scrapie.
    We are proposing that sheep and goat germ plasm from any country be 
accompanied by a health certificate either issued by a salaried 
veterinary officer of the national government of the country of origin, 
or issued by a veterinarian accredited or designated by the national 
government of the country of origin and endorsed by a full-time 
salaried veterinary officer of the national government of the country 
of origin, thereby representing that the veterinarian issuing the 
certificate was authorized to do so.
    The certificate would have to state that:
    (1) The semen donor, or the embryos' sire and dam, have not been in 
any flock or herd nor had contact with sheep or goats which have been 
in any flock or herd where scrapie has been diagnosed or suspected 
during the 5 years prior to the date of collection of the semen or 
embryos;
    (2) The semen donor, or the embryos' sire and dam, showed no 
evidence of scrapie at the time of collection of the semen or embryos;
    (3) Scrapie has not been suspected nor confirmed in any progeny of 
the embryos' donor dam; and
    (4) The parents of the semen donor, or the embryos' sire and dam, 
are not, nor were not, affected with scrapie.
    These requirements appear necessary to help ensure that imported 
sheep and goat germ plasm is not affected with scrapie. Although it 
would be useful to confirm the absence of scrapie in the progeny of 
semen donors, we are not proposing to require this information. 
Obtaining it would be impracticable, as semen donors may have thousands 
of progeny. Consequently, as provided above in (3), we are only 
requiring the certificate to state such information with regard to the 
progeny of the embryos' donor dam.
    To further ensure that sheep and goat germ plasm imported into the 
United States does not transmit scrapie to sheep and goats in the 
United States, we are proposing additional requirements for sheep and 
goat germ plasm from all countries except Australia, Canada, and New 
Zealand. As explained above, we do not believe sheep, goats, or germ 
plasm thereof, pose a risk of transmitting scrapie into the United 
States if imported from australia, Canada, or New Zealand. Australia 
and New Zealand are recognized by the United States Department of 
Agriculture and the Office of International Epizootics as scrapie-free 
countries. Therefore, germ plasm from sheep and goats in these 
countries poses no risk of importing scrapie into the United States. 
Although Canada is not free of scrapie, Canada employs reporting and 
surveillance requirements equivalent to the United States. Such 
requirements include, but are not limited to: (1) Reporting incidence 
of scrapie; (2) restriction of animal movement within the country 
because of scrapie; (3) identification of flocks or herds with scrapie; 
and (4) depopulation mechanisms for scrapie (i.e., removal of high-risk 
animals). Canadian regulations are distinctly designed to control the 
spread of scrapie within that country. Furthermore, APHIS and Canadian 
animal health authorities closely coordinate scrapie control efforts. 
Under these circumstances, it appears unnecessary and unproductive to 
impose restrictions on the germ plasm of sheep and goats which is 
imported from Australia, Canada, or New Zealand.
    We are proposing to allow the germ plasm to be imported into the 
United States only if it is transferred into females in a flock or herd 
in the United States that meets one of the following two conditions: 
(1) The flock or herd participates in the Voluntary Scrapie Flock 
Certification Program and qualifies at the ``Certified'' level; or (2) 
the flock or herd participates in the Voluntary Scrapie Flock 
Certification Program, and the owner of the flock or herd has agreed in 
writing to continue to do so until the flock or herd, including all 
progeny resulting from the imported germ plasm, meets the conditions 
for being ``Certified.''
    Prospective importers would be required to provide the Volunteer 
Scrapie Flock Certification Program identification number of the 
receiving flock or herd as part of the application for an import permit 
for the germ plasm.
    Under option 1, only germ plasm from animals in flocks or herds in 
the country of origin which were participating in a program that is 
equivalent to our Voluntary Scrapie Flock Certification Program, and 
which were at a level equivalent to the ``Certified'' level, could 
qualify to be imported. Animals in the receiving flock or herd, 
including animals born of females who received [[Page 25156]] the 
imported germ plasm, could be removed from the flock or herd at any 
time, at the option of the owner. This is in accordance with the terms 
of the Voluntary Scrapie Flock Certification Program, which allows 
participants to leave the program at any time. Animals in ``Certified'' 
flocks or herds pose little or no risk of transmitting scrapie.
    Germ plasm imported under option 2 would have to be transferred to 
females in Certifiable Class C flocks or herds, unless: (1) The germ 
plasm came from animals in a flock or herd that was participating in a 
program in the country of origin that was equivalent to our Voluntary 
Scrapie Flock Certification Program; and (2) the flock or herd was 
participating at a level equivalent to ``Certifiable Class B'' or 
``Certifiable Class A.''
    Animals in ``Certifiable'' flocks or herds, including all progeny 
from the imported germ plasm, would have to remain in the flock or 
herd, or a flock or herd of the same or lower status (i.e., greater 
risk), until the flock or herd met the conditions for being 
``Certified.'' (See the explanation given under ``Changes to Part 92, 
Additional Requirements'')
    In addition, the certificate accompanying all embryos imported 
under options 1 or 2, except embryos transferred to a female in a flock 
or herd at the Certifiable Class C level, would have to state that: 
``The embryos identified on this certificate are the progeny of a dam 
and sire that have been monitored by a salaried veterinary officer of 
[name of country of origin], for [number of months], in the same source 
flock or herd which had been determined by the Administrator, APHIS, 
prior to the exportation of the embryos to the United States, to be 
equivalent to [certification level (of dam or sire) presenting greater 
risk] of the Voluntary Scrapie Flock Certification Program authorized 
under 9 CFR part 54, subpart B.'' The certificate accompanying all 
semen imported under options 1 or 2, except semen transferred to a 
female in a flock or herd at the Certifiable Class C level, would have 
to state that: ``The semen identified on this certificate has been 
collected from a sire that has been monitored by a salaried veterinary 
officer of [name of country of origin], for [number of months], in the 
same source flock or herd which had been determined by the 
Administrator, APHIS, prior to the exportation of the semen to the 
United States, to be equivalent to [certification level] of the 
Voluntary Scrapie Flock Certification Program authorized under 9 CFR 
part 54, subpart B.''
    The Administrator would determine, in advance of the importation, 
whether a country from which the germ plasm is to be imported has a 
scrapie control program equivalent to our Voluntary Scrapie Flock 
Certification Program. The Administrator would also determine, in 
advance of the importation, the participation status of the flock or 
herd. Prospective importers who wish to import sheep or goat germ plasm 
into flocks or herds in the United States would have to supply certain 
information to APHIS at the time they apply for an import permit. We 
intend to recommend that prospective importers apply for permits no 
less than 1 month prior to the anticipated date of importation.
    The information provided would have to include the name, title, and 
address of a knowledgeable official in the veterinary services of the 
country of origin, and the details of scrapie control programs in the 
country of origin, including information on disease surveillance and 
border control activities and the length of time that these activities 
have been in effect. We would also require information concerning 
additions to the herd or flock of the embryos' sire and dam, and the 
flock or herd of the semen donor, during the 5 years preceding 
collection of the germ plasm. Additionally, we would require any 
available data concerning disease incidence during the 5 years 
preceding collection of the germ plasm in the flock or herd of the 
embryos' sire and dam, and the flock or herd of the semen donor, 
including, but not limited to, the results of any diagnostic tests, 
especially histopathology tests, conducted on any animals in the flock 
or herd. The prospective importer would also be asked to include 
information concerning the health of other ruminants, flocks, and herds 
with which the embryos' sire and dam, the semen donor, the animals in 
the flock or herd of the embryos' sire and dam, and the animals in the 
flock or herd of the semen donor, might have had physical contact over 
the 5 years preceding collection of the germ plasm, and a description 
of the type and frequency of the physical contact. This information 
appears necessary to make a determination of the disease status of the 
flock or herd of the embryos' sire and dam, and the flock or herd of 
the semen donor. The Administrator could require additional information 
as needed in specific cases to make a final determination.
    The Administrator would determine that a program was equivalent 
only if the requirements of the program equalled or exceeded the 
management practices required under our Voluntary Scrapie Flock 
Certification Program. We have determined, based on experience, that if 
these practices are followed, they effectively ensure that flocks and 
herds remain free of scrapie. Germ plasm from animals in flocks or 
herds that meet equivalent standards is unlikely to present a risk of 
transmitting scrapie.
    Any violations of the requirements set forth above for the 
importation of sheep or goat germ plasm would be a basis for an 
enforcement action, including, but not limited to, the removal from the 
United States of the imported germ plasm and any resulting animals.
    These amendments are all consistent with amendments we are 
proposing to part 92, as explained above. We believe our proposed 
requirements are necessary to help ensure that imported sheep and goat 
germ plasm and animals resulting from the imported germ plasm, are not 
affected with scrapie.

Miscellaneous

    We are proposing to add a definition of ``flock'' to part 98, 
subparts A and C. As explained earlier, ``flock'' is used in the 
industry in connection with sheep, and ``herd'' is used in connection 
with goats. The regulations in part 98 do not include a definition of 
``flock.''
    We are also proposing to make minor nonsubstantive, editorial 
amendments to the regulations in both parts 92 and 98.

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.
    Our economic analysis indicates that the proposed amendments would 
have a positive economic impact on U.S. importers of sheep, goats and 
their germ plasm, since importation into the United States would be 
easier. The current requirements surrounding the importation of sheep, 
goats, and their germ plasm are confusing and considered by many 
interested parties to be too restrictive.
    In 1993, there were 98,230 operations with sheep in the United 
States. Under Small Business Administration criteria, 99 percent of 
them are believed to be small entities (having less than $0.5 million 
in gross annual receipts for domestic producers and fewer than 100 
employees for importers). No information is available on the number or 
U.S. operations with goats. [[Page 25157]] 
    If the proposed amendments are adopted, additional certification 
information would be required under the new rules for sheep, goats, and 
germ plasm. However, no direct charges or user fees would be assessed 
by APHIS. The cost impact would be minimal.
    We anticipate that participation in the Voluntary Scrapie Flock 
Certification Program will increase if these amendments are adopted, as 
germ plasm and breeding stock from countries other than Australia, 
Canada, and New Zealand, would be allowed to be introduced only into 
Program flocks and herds. Because of the termination by the U.S. 
government of the subsidy to wool and mohair growers, the expected 
shift from wool and mohair production to meat production in sheep and 
goats should create additional demand for breeding stock and germ plasm 
imports. Wider participation in the Program would better safeguard the 
U.S. sheep and goat industry against a scrapie outbreak. Participation 
requires operations to maintain records on their animals, although it 
is likely that potential importers of breeding animals or germ plasm 
are already keeping such records. There would be no increase in costs 
for sheep and goat operations if they participate in the Voluntary 
Scrapie Flock Certification Program.

    In addition, if the proposed rule is adopted: (1) Sheep and goat 
imports from New Zealand would no longer be required to meet special 
health certification requirements, and (2) regulations governing 
privately operated quarantine facilities for imported sheep would apply 
to privately operated quarantine facilities for imported goats as well. 
These changes would not have a significant impact on importers or 
producers. We believe any impact would be positive, in that the changes 
would facilitate importation of sheep and goats.

    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 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

    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 proposed rule will be submitted for approval to the 
Office of Management and Budget. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for APHIS, Washington, DC 20503. Please send a copy of your 
comments to: (1) Docket No. 94-085-2, Animal and Plant Health 
Inspection Service, Policy and Program Development, Regulatory Analysis 
and Development, 4700 River Road Unit 118, Riverdale, MD 20737-1228, 
and (2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 98

    Animal diseases, Imports.

    Accordingly, 9 CFR parts 92 and 98 would be 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 would continue 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 would be amended by revising the definition of 
herd and by adding a definition for flock, in alphabetical order, to 
read as follows:


Sec. 92.400  Definitions.

* * * * *
    Flock. A herd.
    Herd. All animals maintained on any single premises; and all 
animals under common ownership or supervision on two or more premises 
which are geographically separated, but among which there is an 
interchange or movement of animals.
* * * * *
    3. Section 92.405 would be amended as follows:
    a. In paragraph (a), by revising the first sentence, up to and 
including the words ``stating that'', to read as set forth below.
    b. By revising paragraph (b) to read as set forth below.


Sec. 92.405  Certificate for ruminants.

    (a) All ruminants intended for importation from any part of the 
world, except as provided in Secs. 92.418(a), 92.419(a), 92.423(c), and 
92.428(d) of this part, shall be accompanied by a certificate issued by 
a full-time salaried veterinary officer of the national government of 
the country of origin, or issued by a veterinarian designated or 
accredited by the national government of the country of origin and 
endorsed by a full-time salaried veterinary officer of the national 
government of the country of origin, thereby representing that the 
veterinarian issuing the certificate was authorized to do so. The 
certificate shall state that * * *
    (b) The certificate accompanying sheep and goats intended for 
importation from any part of the world shall, in addition to the 
statements required by paragraph (a) of this section, state that:
    (1) The sheep or goats have not been in any flock or herd nor had 
contact with sheep or goats which have been in any flock or herd where 
scrapie has been diagnosed or suspected during the 5 years immediately 
prior to shipment;
    (2) None of the female sheep or goats in the flock or herd from 
which the sheep or goats will be imported was impregnated, during the 5 
years immediately preceding shipment of the sheep or goats to the 
United States, with embryos or semen from another country other than 
the United States or from a flock or herd of unknown scrapie status;
    (3) The veterinarian issuing the certificate has inspected the 
sheep or goats in the flock or herd from which the sheep or goats will 
be imported and found the flock or herd to be free of clinical symptoms 
of scrapie, and of any other infectious or contagious disease;
    (4) None of the sheep or goats in the flock or herd from which the 
sheep or goats will be imported is the progeny of a sire or dam that 
has been affected with scrapie or that has produced offspring that have 
been affected with scrapie; and
    (5) As far as it is possible for the veterinarian who inspects the 
animals to determine, none of the sheep or goats in the flock or herd 
from which the sheep or goats will be imported has been exposed to 
scrapie or any other infectious or contagious disease during the 60 
days immediately preceding shipment to the United States.
* * * * * [[Page 25158]] 
    4. Section 92.411 would be revised to read as follows:


Sec. 92.411  Quarantine requirements.

    (a) Except for cattle from Central America and the West Indies, and 
except for ruminants from Canada and Mexico, all ruminants imported 
into the United States shall be quarantined for not less than 30 days 
counting from the date of arrival at the port of entry.
    (b) Wild ruminants shall be subject, during their quarantine, to 
such inspections, disinfection, blood tests, or other tests as may be 
required by the Administrator to determine their freedom from disease.
    5. In Sec. 92.418, paragraph (a) would be revised to read as 
follows:


Sec. 92.418  Cattle from Canada.

    (a) Health certificates. Except for cattle imported for immediate 
slaughter in accordance with Sec. 92.420, cattle intended for 
importation from Canada shall be accompanied by a certificate issued in 
accordance with Sec. 92.405(a). The certificate shall state that the 
cattle have been inspected and found to be free from any evidence of 
communicable disease and that, as far as can be determined, they have 
not been exposed to any such disease during the preceding 60 days. 
Cattle found unqualified upon inspection at the port of entry will be 
refused entry into the United States.
* * * * *
    6. Section 92.419 would be amended by revising paragraph (a) to 
read as follows:


Sec. 92.419  Sheep and goats from Canada.

    (a) Except for sheep and goats imported for immediate slaughter in 
accordance with Sec. 92.420, sheep and goats intended for importation 
from Canada shall be accompanied by a certificate issued in accordance 
with Sec. 92.405 (a) and (b).
* * * * *
    7. Section 92.423 would be amended as follows:
    a. In paragraph (a), by revising the first sentence, up to and 
including the words ``country of origin'', to read as set forth below.
    b. By revising paragraph (b) to read as set forth below.


Sec. 92.423  Ruminants from Central America and the West Indies.

    (a) Ruminants intended for importation from Central America and the 
West Indies, except as provided in paragraph (c) of this section, must 
be accompanied by a certificate issued in accordance with 
Sec. 92.405(a) * * *
    (b) The certificate accompanying sheep and goats intended for 
importation from Central America and the West Indies must, in addition 
to the statements required by paragraph (a) of this section, meet all 
the requirements of Sec. 92.405(b).
* * * * *


Sec. 92.427  [Amended]

    8. Section 92.427 would be amended as follows:
    a. In paragraph (b)(1), by revising the first sentence, up to and 
including the words ``inspected the said cattle'', to read as set forth 
below.
    b. By revising paragraph (b)(2)(i), up to and including the words 
``inspected the cattle'', to read as set forth below.
    c. By revising paragraph (b)(2)(ii) to read as set forth below.
    d. In paragraph (c)(1), the last sentence, by removing the words 
``, issued by a salaried veterinarian of the Government of Mexico, or 
issued by a veterinarian accredited by the National Government of 
Mexico and endorsed by a full-time salaried veterinary officer of the 
National Government of Mexico, thereby representing that the 
veterinarian issuing the certificate was authorized to so do,'' and 
adding in their place ``issued in accordance with Sec. 92.405(a) and''.
    e. By revising paragraph (d)(1), introductory text, to read as set 
forth below.
    f. In paragraph (e)(2), by removing the words ``by a salaried 
veterinarian of the Government of Mexico, or issued by a veterinarian 
accredited by the National Government of Mexico and endorsed by a full-
time salaried veterinary officer of the National Government of Mexico, 
thereby representing that the veterinarian issuing the certificate was 
authorized to do so,'' and adding in their place ``in accordance with 
Sec. 92.405(a) and''.


Sec. 92.427  Cattle from Mexico.

* * * * *
    (b) Fever ticks. (1) Except as provided in paragraph (b)(2), all 
cattle intended for importation from Mexico, for purposes other than 
immediate slaughter, shall be accompanied by a certificate issued in 
accordance with Sec. 92.405(a), and showing that the veterinarian 
issuing the certificate inspected the cattle * * *
    (2) * * *
    (i) The cattle shall be accompanied by a certificate issued in 
accordance with Sec. 92.405(a), and showing that the veterinarian 
issuing the certificate has inspected the cattle * * *
    (ii) The cattle shall be shown by a certificate issued in 
accordance with Sec. 92.405(a) to have been dipped in a tickicidal dip 
within 7 to 12 days before being offered for entry.
* * * * *
    (d) * * *
    (1) Are accompanied by a certificate issued in accordance with 
Sec. 92.405(a) stating:
* * * * *
    9. Section 92.428 would be amended by revising paragraph (a) to 
read as follows:


Sec. 92.428  Sheep and goats and wild ruminants from Mexico.

    (a) Sheep and goats intended for importation from Mexico shall be 
accompanied by a certificate issued in accordance with Sec. 92.405 (a) 
and (b) and stating, if such sheep or goats are shipped by rail or 
truck, that such animals were loaded into cleaned and disinfected cars 
or trucks for transportation direct to the port of entry. 
Notwithstanding such certificate, such sheep and goats shall be 
detained as provided in Sec. 92.427(a) and shall be dipped at least 
once in a permitted scabies dip under supervision of an inspector.
* * * * *


Sec. 92.429  [Amended]

    10. In Sec. 92.429, the first sentence would be amended by removing 
the words ``issued by a salaried veterinarian of the Government of 
Mexico, or issued by a veterinarian accredited by the National 
Government of Mexico and endorsed by a full-time salaried veterinary 
officer of the National Government of Mexico, thereby representing that 
the veterinarian issuing the certificate was authorized to do so, 
stating'' and adding in their place the words ``issued in accordance 
with Sec. 92.405 (a) and (b) and stating that the veterinarian who 
issued the certificate has inspected the animals in the herd from which 
the ruminants will be imported,''.


Sec. 92.433  [Removed and Reserved]

    11. Section 92.433, Sheep from New Zealand, would be removed and 
reserved.


Sec. 92.434  [Amended]

    12. Section 92.434 would be amended as follows:
    a. By revising the heading to read ``Standards for approval of 
privately operated quarantine facilities for sheep or goats, and 
handling procedures for the importation of sheep or goats.''
    b. In paragraph (b), introductory text, by redesignating footnote 
20 and the reference to it as footnote 16. [[Page 25159]] 
    c. In paragraph (d)(1), by redesignating footnote 21 and the 
reference to it as footnote 17.
    d. By adding the words ``or goats'' after the word ``sheep'' in the 
following places:
    1. In paragraph (a).
    2. In paragraph (b)(2)(i)(B).
    3. In paragraph (b)(2)(ii)(A).
    4. In paragraph (b)(2)(ii)(B).
    5. In paragraph (b)(2)(ii)(D).
    6. In paragraph (b)(2)(ii)(E).
    7. In paragraph (b)(2)(ii)(F).
    8. In paragraph (b)(2)(iii)(G), after only the third time ``sheep'' 
appears.
    9. In paragraph (b)(2)(iii)(K).
    10. In paragraph (b)(2)(iii)(L).
    11. In paragraph (b)(3)(i)(A)(5).
    12. In paragraph (b)(3)(ii).
    13. In paragraph (b)(3)(iv), in the heading and text.
    14. In paragraph (b)(3)(iv)(A), in the first sentence.
    15. In paragraph (b)(3)(iv)(B).
    16. In paragraph (b)(3)(v).
    17. In paragraph (b)(5).
    18. In paragraph (c).
    19. In paragraph (d)(2).
    20. In paragraph (d)(2)(iv).
    21. In paragraph (d)(4).
    e. by adding the words ``or goat'' after the word ``sheep'' in the 
following places:
    1. In paragraph (b)(2)(iii)(G), after the first and second time 
``sheep'' appears.
    2. In paragraph (b)(3)(iv)(A), in the second sentence.
    f. By removing the word ``sheep-holding'' and adding the words 
``sheep- or goat-holding'' in the following places:
    1. In paragraph (b)(2)(ii)(K).
    2. In paragraph (b)(2)(iii)(J).
    3. In paragraph (b)(3)(i)(A).
    4. In paragraph (b)(3)(i)(A)(1).
    5. In paragraph (b)(3)(i)(A)(3).
    6. In paragraph (b)(3)(ii).
    13. A new Sec. 92.435 would be added to read as follows:


Sec. 92.435  Sheep and goats from countries other than Australia, 
Canada, and New Zealand.

    (a) Except for sheep and goats from Australia, Canada, or New 
Zealand, sheep and goats may only be imported into the United States if 
they meet all applicable provisions of this subpart and one of the 
following conditions:
    (1) The animals are wethers, or sheep or goats imported for 
immediate slaughter, or wild sheep or goats imported for exhibition 
purposes to an approved zoological park in accordance with 
Sec. 92.404(c); or
    (2) The animals are placed in a flock or herd in the United States 
that participates in the Voluntary Scrapie Flock Certification Program 
(see 9 CFR part 54, subpart B) and qualifies as a ``Certified'' flock 
or herd; or
    (3) The animals are placed in a flock or herd in the United States 
that participates in the Voluntary Scrapie Flock Certification Program 
(see 9 CFR part 54, subpart B), and the flock or herd owner must agree, 
in writing, to maintain the flock or herd in compliance with all 
requirements of the Voluntary Scrapie Flock Certification Program until 
the flock or herd would qualify as a ``Certified'' flock or herd.
    (b) Sheep or goats may be imported under paragraphs (a)(2) or 
(a)(3) of this section only if the importer provides the Voluntary 
Scrapie Flock Certification Program identification number of the 
receiving flock or herd as part of the application for an import 
permit.
    (c) Sheep and goats may be imported under paragraph (a)(2) of this 
section only if they come from a flock or herd in the country of origin 
that participates in a program determined by the Administrator to be 
equivalent to the Voluntary Scrapie Flock Certification Program, and 
the flock or herd has been determined by the Administrator to be at a 
level equivalent to ``Certified'' in the Voluntary Scrapie Flock 
Certification Program.
    (d) Sheep and goats may be imported under paragraph (a)(3) of this 
section only if they are placed in a Certifiable Class C flock or herd 
participating in the Voluntary Scrapie Flock Certification Program; 
Except, that if the sheep and goats come from a flock or herd in the 
country of origin that participates in a program determined by the 
Administrator to be equivalent to the Voluntary Scrapie Flock 
Certification Program, then the sheep and goats may be placed in a herd 
or flock in the United States which would be classified at a level 
equivalent to or lower (i.e., at a greater risk) than the certification 
level, as determined by the Administrator, of the flock or herd from 
which the sheep or goats are to be imported.
    (e) Sheep and goats imported under paragraph (a)(3) of this section 
must be monitored for scrapie disease until the flock or herd qualifies 
as a ``Certified'' flock or herd.
    (f) Except for imported sheep and goats being placed in Certifiable 
Class C flocks or herds, the certificate accompanying sheep or goats 
imported under paragraphs (a)(2) or (a)(3) of this section must contain 
the following statement: ``The animals identified on this certificate 
have been monitored by a salaried veterinary officer of [name of 
country of origin], for [number of months], in the same source flock or 
herd which had been determined by the Administrator, APHIS, prior to 
the exportation of these animals to the United States, to be equivalent 
to [certification level] of the Voluntary Scrapie Flock Certification 
Program authorized under 9 CFR part 54, subpart B.''
    (1) The Administrator will determine, based upon information 
supplied by the importer, whether the flock or herd from which the 
animals are to be imported participates in a program in the country of 
origin that is equivalent to the Voluntary Scrapie Flock Certification 
Program, and if so, at what level the source flock or herd should be 
classified.
    (2) In order for the Administrator to make a determination, the 
importer must supply the following information with the application for 
an import permit no less than 1 month prior to the anticipated date of 
importation:
    (i) The name, title, and address of a knowledgeable official in the 
veterinary services of the country of origin;
    (ii) The details of scrapie control programs in the country of 
origin, including information on disease surveillance and border 
control activities and the length of time such activities have been in 
effect;
    (iii) Any available information concerning additions, within the 5 
years immediately preceding shipment to the United States, to the flock 
or herd from which the sheep and goats will be imported;
    (iv) Any available data concerning disease incidence, within the 5 
years immediately preceding shipment to the United States, in the flock 
or herd from which the sheep or goats are to be imported, including, 
but not limited to, the results of diagnostic tests, especially 
histopathology tests, conducted on any animals in the flock or herd;
    (v) Information concerning the health, within the 5 years 
immediately preceding shipment to the United States, of other 
ruminants, flocks, and herds with which the imported sheep and goats, 
and with which animals in the sheep or goats' flock or herd might have 
had physical contact, and a description of the type and frequency of 
such physical contact; and
    (vi) Any other information requested by the Administrator in 
specific cases as needed to make a determination.

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

    14. The authority citation for part 98 would be 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).

    [[Page 25160]] 15. Section 98.2 would be amended by adding 
definitions for flock and herd, in alphabetical order, to read as 
follows:


Sec. 98.2  Definitions.

* * * * *
    Flock. A herd.
    Herd. All animals maintained on any single premises; and all 
animals under common ownership or supervision on two or more premises 
which are geographically separated, but among which there is an 
interchange or movement of animals.
* * * * *
    16. In Sec. 98.5, paragraphs (a), (b), (c), (d), and (e) would be 
redesignated as paragraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5); 
the introductory text would be designated as paragraph (a) and revised 
to read as follows; and a new paragraph (b) would be added to read as 
follows:


Sec. 98.5  Health certificate.

    (a) Except as provided in subpart B of this part, an animal embryo 
shall not be imported into the United States unless it is accompanied 
by a certificate issued by a full-time salaried veterinary officer of 
the national government of the country of origin, or issued by a 
veterinarian designated or accredited by the national government of the 
country of origin and endorsed by a full-time salaried veterinary 
officer of the national government of the country of origin, thereby 
representing that the veterinarian issuing the certificate was 
authorized to do so. The certificate shall state:
* * * * *
    (b) The certificate accompanying sheep or goat embryos intended for 
importation from any part of the world shall, in addition to the 
statements required by paragraph (a) of this section, state that:
    (1) The embryos' sire and dam have not been in any flock or herd 
nor had contact with sheep or goats which have been in any flock or 
herd where scrapie has been diagnosed or suspected during the 5 years 
prior to the date of collection of the embryos;
    (2) The embryos' sire and dam showed no evidence of scrapie at the 
time the embryos were collected;
    (3) Scrapie has not been suspected nor confirmed in any progeny of 
the embryos' donor dam; and
    (4) The parents of the embryos' sire and dam are not, nor were not, 
affected with scrapie.
    17. In part 98, subpart A, a new Sec. 98.10a would be added to read 
as follows:


Sec. 98.10a  Embryos from sheep and goats in countries other than 
Australia, Canada, and New Zealand.

    (a) Except for embryos from sheep and goats in Australia, Canada, 
or New Zealand, embryos from sheep and goats may only be imported into 
the United States if they comply with all applicable provisions of this 
subpart and one of the following conditions:
    (1) The embryos are transferred to females in a flock or herd in 
the United States that participates in the Voluntary Scrapie Flock 
Certification Program (see 9 CFR part 54, subpart B) and qualifies as a 
``Certified'' flock or herd; or
    (2) The embryos are transferred to females in a flock or herd in 
the United States that participates in the Voluntary Scrapie Flock 
Certification Program (see 9 CFR part 54, subpart B) and the flock or 
herd owner must agree, in writing, to maintain the flock or herd, and 
all progeny resulting from embryos imported in accordance with this 
section, in compliance with all requirements of the Voluntary Scrapie 
Flock Certification Program until the flock or herd, including all 
progeny resulting from embryos imported in accordance with this 
section, would qualify as a ``Certified'' flock or herd.
    (b) Sheep or goat embryos may be imported under paragraphs (a)(1) 
or (a)(2) of this section only if the importer provides the Voluntary 
Scrapie Flock Certification Program identification number of the 
receiving flock or herd as part of the application for an import 
permit.
    (c) Sheep and goat embryos may be imported under paragraph (a)(1) 
of this section only if they are the progeny of a dam and sire that are 
part of flocks or herds in the country of origin that participates in a 
program determined by the Administrator to be equivalent to the 
Voluntary Scrapie Flock Certification Program, and the flocks or herds 
have been determined by the Administrator to be at a level equivalent 
to ``Certified'' in the Voluntary Scrapie Flock Certification Program.
    (d) Sheep and goat embryos may be imported under paragraph (a)(2) 
of this section only if they are transferred to animals in a 
Certifiable Class C flock or herd participating in the Voluntary 
Scrapie Flock Certification Program: Except, that if the embryos are 
the progeny of a dam and sire whose flock or herd in the country of 
origin participates in a program determined by the Administrator to be 
equivalent to the Voluntary Scrapie Flock Certification Program, then 
the embryos may be placed in a herd or flock in the United States which 
would be classified at a level equivalent to or lower (i.e., at a 
greater risk) than the certification level, as determined by the 
Administrator, of either the flock or herd of the dam or the flock or 
herd of the sire, whichever one presents the greater risk.
    (e) The flock or herd to which the sheep and goat embryos are 
transferred pursuant to paragraph (a)(2) of this section, must be 
monitored for scrapie disease until the flock or herd, and all progeny 
resulting from the embryos imported in accordance with this section, 
qualifies as a ``Certified'' flock or herd.
    (f) Except for sheep and goat embryos being placed in Certifiable 
Class C flocks or herds, the certificate accompanying sheep or goat 
embryos imported under paragraphs (a)(1) or (a)(2) of this section must 
contain the following statement: ``The embryos identified on this 
certificate are the progeny of a dam and sire that have been monitored 
by a salaried veterinary officer of [name of country of origin], for 
[number of months], in the same source flock or herd which had been 
determined by the Administrator, APHIS, prior to the exportation of 
these embryos to the United States, to be equivalent to [certification 
level (of dam or sire) presenting greater risk] of the Voluntary 
Scrapie Flock Certification Program authorized under 9 CFR part 54, 
subpart B.''
    (1) The Administrator will determine, based upon information 
supplied by the importer, whether the flock or herd of the embryos' dam 
and sire participates in a program in the country of origin that is 
equivalent to the Voluntary Scrapie Flock Certification Program, and if 
so, at what level the source flock or herd would be classified.
    (2) In order for the Administrator to make a determination, the 
importer must supply the following information with the application for 
an import permit, no less than 1 month prior to the anticipated date of 
importation:
    (i) The name, title, and address of a knowledgeable official in the 
veterinary services of the country of origin;
    (ii) The details of scrapie control programs in the country of 
origin, including information on disease surveillance and border 
control activities and the length of time such activities have been in 
effect;
    (iii) Any available information concerning additions, within the 5 
years immediately preceding collection of the embryos, to the flock or 
herd of the embryos' sire and dam;
    (iv) Any available data concerning disease incidence, within the 5 
years immediately preceding collection of the embryos, in the flock or 
herd of the [[Page 25161]] embryos' sire and dam, including, but not 
limited to, the results of diagnostic tests, especially histopathology 
tests, conducted on any animals in the flock(s) or herd(s);
    (v) Information concerning the health, within the 5 years 
immediately preceding collection of the embryos, of other ruminants, 
flocks, and herds with which the embryos' sire and dam and the flock or 
herd of the embryos' sire and dam might have had physical contact, and 
a description of the type and frequency of the physical contact; and
    (vi) Any other information requested by the Administrator in 
specific cases as needed to make a determination.
    (g) All progeny resulting from embryos imported under this section 
are subject to the requirements of 9 CFR part 54 and all other 
applicable regulations.
    18. In part 98, subpart C, Sec. 98.30 would be amended by adding 
definitions for flock and herd, in alphabetical order, to read as 
follows:


Sec. 98.30  Definitions.

* * * * *
    Flock. A herd.
    Herd. All animals maintained on any single premises; and all 
animals under common ownership or supervision on two or more premises 
which are geographically separated, but among which there is an 
interchange or movement of animals.
* * * * *
    19. In Sec. 98.35, paragraph (c) would be revised and a new 
paragraph (e) would be added to read as follows:


Sec. 98.35  Declaration, health certificate, and other documents for 
animal semen.

* * * * *
    (c) All animal semen intended for importation into the United 
States shall be accompanied by a health certificate issued by a full-
time salaried veterinary officer of the national government of the 
country of origin, or issued by a veterinarian designated or accredited 
by the national government of the country of origin and endorsed by a 
full-time salaried veterinary officer of the national government of the 
country of origin, thereby representing that the veterinarian issuing 
the certificate was authorized to do so.
* * * * *
    (e) The certificate accompanying sheep or goat semen intended for 
importation from any part of the world shall, in addition to the 
statements required by paragraph (d) of this section, state that:
    (1) The semen donor has not been in any flock or herd nor had 
contact with sheep or goats which have been in any flock or herd where 
scrapie has been diagnosed or suspected during the 5 years prior to the 
date of collection of the semen;
    (2) The semen donor showed no evidence of scrapie at the time the 
semen was collected; and
    (3) The parents of the semen donor are not, nor were not, affected 
with scrapie.


Sec. 98.36  [Amended]

    20. In Sec. 98.36, paragraph (a), introductory text, would be 
amended by adding the words ``is not a sheep or goat and'' immediately 
before the colon.
    21. A new Sec. 98.37 would be added to read as follows:


Sec. 98.37  Semen from sheep and goats in countries other than 
Australia, Canada, and New Zealand.

    (a) Except for semen from sheep and goats in Australia, Canada, and 
New Zealand, semen from sheep and goats may only be imported into the 
United States if it complies with all applicable provisions of this 
subpart and one of the following conditions:
    (1) The semen is transferred to females in a flock or herd in the 
United States that participates in the Voluntary Scrapie Flock 
Certification Program (see 9 CFR part 54, subpart B) and qualifies as a 
``Certified'' flock or herd; or
    (2) The semen is transferred to females in a flock or herd in the 
United States that participates in the Voluntary Scrapie Flock 
Certification Program (see 9 CFR part 54, subpart B), and the flock or 
herd owner must agree, in writing, to maintain the flock or herd, and 
all progeny resulting from semen imported in accordance with this 
section, in compliance with all requirements of the Voluntary Scrapie 
Flock Certification Program until the flock or herd, including all 
progeny resulting from semen imported in accordance with this section, 
would qualify as a ``Certified'' flock or herd.
    (b) Sheep or goat semen may be imported under paragraphs (a)(1) or 
(a)(2) of this section only if the importer provides the Voluntary 
Scrapie Flock Certification Program identification number of the 
receiving flock or herd as part of the application for an import 
permit.
    (c) Sheep or goat semen may be imported under paragraph (a)(1) of 
this section only if it comes from a donor animal in a flock or herd in 
the country of origin that participates in a program determined by the 
Administrator to be equivalent to the Voluntary Scrapie Flock 
Certification Program, and the flock or herd has been determined by the 
Administrator to be at a level equivalent to ``Certified'' in the 
Voluntary Scrapie Flock Certification Program.
    (d) Sheep or goat semen may be imported under paragraph (a)(2) of 
this section only if it is transferred to animals in a Certifiable 
Class C flock or herd participating in the Voluntary Scrapie Flock 
Certification Program; Except, that if the semen comes from a donor 
animal whose flock or herd in the country of origin participates in a 
program determined by the Administrator to be equivalent to the 
Voluntary Scrapie Flock Certification Program, then the semen may be 
used in a herd or flock in the United States which would be classified 
at a level equivalent to or lower (i.e., at greater risk) than the 
certification level, as determined by the Administrator, of the flock 
or herd of the donor animal.
    (e) The flock or her to which the sheep and goat semen is 
transferred pursuant to paragraph (a)(2) of this section, must be 
monitored for scrapie disease until the flock or herd, and all progeny 
resulting from the semen imported in accordance with this section, 
qualifies as a ``Certified'' flock or herd.
    (f) Except for sheep and goat semen being placed in Certifiable 
Class C flocks or herds, the certificate accompanying the sheep or goat 
semen imported under paragraphs (a)(1) or (a)(2) of this section must 
contain the following statement: ``The semen identified on this 
certificate has been collected from a sire that has been monitored by a 
salaried veterinary officer of [name of country of origin], for [number 
of months], in the same source flock or herd which had been determined 
by the Administrator, APHIS, prior to the exportation of the semen to 
the United States, to be equivalent to [certification level] of the 
Voluntary Scrapie Flock Certification Program authorized under 9 CFR 
part 54, subpart B.''
    (1) The Administrator will determine, based upon information 
supplied by the importer, whether the donor animal's flock or herd 
participates in a program in the country of origin that is equivalent 
to the Voluntary Scrapie Flock Certification Program, and if so, at 
what level the source flock or herd would be classified.
    (2) In order for the Administrator to make a determination, the 
importer must supply the following information with the application for 
an import permit, no less than 1 month prior to the anticipated date of 
importation: [[Page 25162]] 
    (i) The name, title, and address of a knowledgeable official in the 
veterinary services of the country of origin;
    (ii) The details of scrapie control programs in the country of 
origin, including information on disease surveillance and border 
control activities and the length of time these activities have been in 
effect;
    (iii) Any available information concerning additions, within the 5 
years immediately preceding collection of the semen, to the flock or 
herd of the semen donor;
    (iv) Any available data concerning disease incidence, within the 5 
years immediately preceding collection of the semen in the donor 
animal's flock or herd, including, but not limited to, the results of 
diagnostic tests, especially histopathology tests, conducted on any 
animals in the flock or herd;
    (v) Information concerning the health, within the 5 years 
immediately preceding collection of the semen, of other ruminants, 
flocks, and herds with which the donor animal and the donor animal's 
flock or herd might have had physical contact, and a description of the 
type and frequency of the physical contact; and
    (vi) Any other information requested by the Administrator in 
specific cases as needed to make a determination.
    (g) All progeny resulting from semen imported under this section 
are subject to the requirements of 9 CFR part 54 and all other 
applicable regulations.

    Done in Washington, DC, this 3rd day of May 1995.
George O. Winegar,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-11561 Filed 5-10-95; 8:45 am]
BILLING CODE 3410-34-P