[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]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 
 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 
ABirds'' (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