[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Proposed Rules]
[Pages 9957-9958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5861]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 /
Proposed Rules
[[Page 9957]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 94-132-1]
Screening at Privately Owned Bird Quarantine Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations that apply to
privately owned bird quarantine facilities for imported birds to
provide for the use of nylon screening and to clarify the meaning of
``double screened.'' The proposed amendments would give facility
operators a choice of screening materials and would clarify the
regulations.
DATES: Consideration will be given only to comments received on or
before May 13, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-132-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 94-132-1. 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. Tracye R. Butler, Staff
Veterinarian, Import/Export Animals, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,
(301) 734-5097.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92.100 through 92.107, ``Subpart
ABirds'' (referred to below as ``the regulations''), govern the
importation of certain birds to prevent the introduction of
communicable diseases of livestock and poultry. As a condition of
importation, all imported birds must be quarantined for a minimum of 30
days upon their arrival in the United States. Under
Sec. 92.101(c)(2)(ii), certain personal pet birds may remain in the
owner's possession during the 30-day quarantine if kept separate from
other birds. In all other cases, imported birds must be quarantined in
either a U.S. Department of Agriculture quarantine facility or in a
privately owned quarantine facility that meets standards set forth in
Sec. 92.106(c).
The standards for privately owned quarantine facilities for
imported birds include installation of screening over all openings to
the outside to prevent the entry of rodents and insects, which could
transmit disease. The regulations require that all screening be metal
and that all openings to the outside be double-screened (see
Sec. 92.106(c)(2)(ii)(A)).
When the regulations were originally adopted, metal mesh was the
most commonly available screening material capable of preventing the
entry of rodents and insects into the quarantine area. Therefore, metal
mesh screens were specified in the regulations. Now, however, strong
and durable nylon mesh screening is widely available. This nylon mesh
screening effectively prevents the entry of insects into the quarantine
area. Therefore, we are proposing to allow the use of nylon mesh
screening to prevent the entry of insects in privately owned bird
quarantine facilities. Under this proposal, metal mesh screening would
continue to be required for preventing the entry of rodents into the
quarantine area. This proposed action would offer operators of these
facilities a screening alternative.
We are also proposing to clarify the existing regulations
concerning double screening. Double screening is currently required on
all openings to the outside. However, the term ``double screening'' is
not defined in the regulations. We are therefore proposing to amend the
regulations to state clearly that the screening would have to be
comprised of one screen that is insect-proof and a second metal screen
that is rodent-proof with a mesh size no larger than 1 inch x 1.5
inches (2.54 cm x 3.81 cm). The two screens would have to be separated
by at least 3 inches (7.62 cm) with the metal rodent-proof screen used
as the exterior screen. This 3-inch separation is necessary for
security purposes; if a person approaches the screened wall from the
outside of the quarantine facility, the 3-inch separation between the
rodent-proof screen and the insect-proof screen will help prevent the
person from being able to touch the birds, and the birds will not be
able to peck at the person. If a privately owned bird quarantine
facility has a sun room for the hatching eggs of ratites, as provided
in Sec. 92.106(c)(2)(ii)(P), the screening in the sun room would have
to conform to these proposed requirements.
We believe these proposed actions would expand the selection of
screening materials for the operators of privately owned bird
quarantine facilities while continuing to minimize the risk of insect
or rodent problems at those facilities and would clarify the
regulations.
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 the 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 little economic impact on privately owned bird quarantine
facilities. Metal and nylon mesh are comparably priced. In addition,
the proposed rule would add nylon mesh as a screening option; it would
not require quarantine facilities to be re-screened. We anticipate that
the proposed clarification concerning double screening would have no
effect on facilities.
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.
[[Page 9958]]
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 92 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. 1662; 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 2.22, 2.80, and 371.2(d).
2. In Sec. 92.106, paragraphs (c)(2)(ii)(A) and (c)(2)(ii)(P)(1)
would be revised to read as follows:
Sec. 92.106 Quarantine requirements.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(A) Be constructed only with material that can withstand continued
cleaning and disinfection. All solid walls, floors, and ceilings must
be constructed of impervious material. All openings to the outside must
be double-screened, with an interior screen of metal or nylon mesh that
is impervious to biting insects such as gnats or mosquitos, and an
exterior metal screen that is rodent-proof and is made of wire, such as
rabbit wire, hardware cloth, or smooth welded wire, with mesh size no
larger than 1 inch x 1.5 inches (2.54 cm x 3.81 cm). The interior and
exterior screens must be separated by at least 3 inches (7.62 cm);
* * * * *
(P) * * *
(1) Any of the exterior walls may be replaced by a double-screened
wall set in a concrete or concrete-block curb. The double screening
shall be of wire mesh or wire mesh and nylon mesh, as provided in
paragraph (c)(2)(ii)(A) of this section, with the interior and exterior
screens of the sun room wall separated by at least 3 inches (7.62 cm);
the concrete or concrete block curb must be at least 12 inches high,
impermeable to water, and able to prevent the escape of water, manure,
and debris.
* * * * *
Done in Washington, DC, this 6th day of March 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-5861 Filed 3-11-96; 8:45 am]
BILLING CODE 3410-34-P