[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Rules and Regulations]
[Pages 17231-17243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9266]



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  Federal Register / Vol. 61, No. 77 / Friday, April 19, 1996 / Rules 
and Regulations  

[[Page 17231]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92 and 98

[Docket No. 94-085-3]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal importation regulations to revise 
who may issue health certificates for ruminants offered for 
importation. This amendment will make the regulations more consistent 
with regard to different animals and countries and will provide an 
alternative method of issuing health certificates.
    We are also amending the animal importation regulations to revise 
the conditions for importing sheep and goats. We are similarly amending 
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.
    We are also amending 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 will provide 
uniform rules for the quarantine of animals which pose a similar 
disease risk.
    In addition, we are removing from the regulations health 
certificate requirements that apply specifically to the importation of 
sheep from New Zealand. Since sheep from New Zealand pose no greater 
disease risk than sheep from other countries, there is no longer a need 
to retain separate health certification requirements for sheep imported 
from New Zealand.
    Lastly, we are adopting as a final rule, without change, an interim 
rule that amended the regulations for importing sheep and goats from 
Canada and Mexico. The rule requires that, with the exception of sheep 
and goats imported through land border ports for immediate slaughter, 
and wethers imported through land border ports, all sheep and goats 
imported into the United States from Canada and Mexico be accompanied 
by an import permit. This requirement is necessary to prevent the 
importation of sheep and goats that may be affected with scrapie.

EFFECTIVE DATE: May 20, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling or Dr. Roger 
Perkins, Staff Veterinarian, Import Animals Program, National Center 
for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, 
MD 20737-1228, (301) 734-8170.

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 certain bloodlines, indicating that these animals may be 
genetically predisposed to become infected with or develop the disease. 
Scrapie may be transmitted through contact with the placenta or bodily 
fluids of infected animals which have just given birth.
    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 an interim rule effective and published in the Federal Register 
on March 15, 1995 (60 FR 13898-13900, Docket No. 94-085-1), we amended 
the regulations in part 92 to require that, with the exception of sheep 
and goats imported through land border ports for immediate slaughter, 
and wethers imported through land border ports, all sheep and goats 
imported into the United States from Canada and Mexico be accompanied 
by an import permit. This action was necessary to prevent the 
importation of sheep and goats that may be affected with scrapie.
    We solicited comments concerning the interim rule for 60 days 
ending May 15, 1995. We received 4 comments by that date. They were 
from one foreign government, and from industry representatives and 
businesses.
    On May 11, 1995, we published in the Federal Register (60 FR 25151-
25162, Docket No. 94-085-2) a proposal to amend the regulations in 
parts 92 and 98 by: (1) Revising who may issue health certificates for 
ruminants offered for importation; (2) revising the conditions for 
importing sheep and goats; (3) revising the conditions for

[[Page 17232]]

importing germ plasm from sheep and goats; (4) allowing imported goats 
to be quarantined in privately operated quarantine facilities that meet 
the requirements that now apply to privately operated quarantine 
facilities for sheep; and (5) removing health certificate requirements 
that apply specifically to the importation of sheep from New Zealand.
    We solicited comments concerning the proposed rule for 60 days 
ending July 10, 1995. We received 15 comments by that date. They were 
from foreign governments, Federal and State government agencies, 
industry representatives, livestock producers, and private individuals.
    Of the comments received in response to the interim rule, one 
addressed issues which were not contained in the interim rule, but 
which were contained in the proposed rule. Although we did not count 
this comment as being received in response to the proposed rule, we did 
consider suggestions made in the comment when we determined changes 
necessary in the proposed rule.
    Two comments received in response to the interim rule failed to 
address any issue raised by either the interim rule or the proposed 
rule. One commenter discussed the importation of washed and frozen 
embryos, a topic not relevant to either the interim rule or the 
proposed rule. The other comment contained the results of an industry 
association member survey concerning the importation of animal 
genetics. However, the survey, as described in the comment, did not 
appear to have addressed the specific provisions of either the interim 
or the proposed rule. For these reasons, we did not consider either of 
these comments when determining changes necessary in the interim and 
proposed rules.
    We have carefully considered all of the relevant comments we 
received in response to both the interim rule and the proposed rule. 
Issues raised by the comments are discussed below by topic. In our 
discussion, we refer to the regulations in both parts 92 and 98 as 
``the regulations.''

Scientific Basis of Regulations

    Two commenters objected to our statement, in the background of both 
the interim rule and the proposed rule, that scrapie is transmitted by 
breeding. The commenters are correct--breeding, itself, does not appear 
to transmit scrapie. Scrapie is also not a hereditary disease. However, 
it does appear that scrapie can be transmitted through contact with the 
placenta or bodily fluids of infected animals which have just given 
birth. In addition, there is a tendency to develop the disease which 
appears to follow bloodlines. Therefore, we have amended the background 
information in this document concerning scrapie transmission so that it 
more accurately reflects current scientific knowledge about this 
disease.
    One commenter objected to proposed Sec. 92.405(b)(2), which would 
have required the certificate accompanying imported sheep or goats to 
state that 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. 
The commenter maintained that it is scientifically unjustified to 
restrict the importation of sheep and goats from flock or herds in 
which females have been impregnated with germ plasm from Australia or 
New Zealand. We agree with this comment, and we have made two changes 
to this provision, as discussed below.
    Our proposed rule and this document allow the importation of sheep 
from countries other than Australia, Canada, or New Zealand, provided 
such sheep enter a flock participating in the Voluntary Scrapie Flock 
Certification Program (VSFCP). It was never our intention to be more 
restrictive with regard to sheep from flocks in which any female has 
been impregnated with germ plasm from (1) a country other than the 
United States or (2) a flock of unknown scrapie status, provided such 
sheep enter a flock participating in the VSFCP. Any risk of scrapie 
presented by such sheep would be mitigated by placing them in a flock 
participating in the VSFCP. Therefore, we are removing the requirement 
that the certificate state that none of the female sheep in the flock 
from which the sheep will be imported has been impregnated with germ 
plasm from a country other than the United States or from a flock of 
unknown scrapie status.
    Additionally, sheep imported from Australia, Canada, and New 
Zealand will be required to enter a flock participating in the VSFCP if 
any of the females in the flock from which the sheep will be imported 
has been impregnated, during the 5 years immediately preceding shipment 
of the sheep to the United States, with germ plasm from a country other 
than Australia, Canada, New Zealand, or the United States. Any risk of 
scrapie presented by such sheep would be mitigated by placing them in a 
flock participating in the VSFCP. As the commenter indicated, Australia 
and New Zealand are free of scrapie. Germ plasm from sheep in Australia 
and New Zealand can therefore be used to impregnate animals without 
fear of transmitting scrapie. Although Canada is not free of scrapie, 
Canada employs reporting and surveillance requirements equivalent to 
those of the United States. Germ plasm from sheep in Canada can 
likewise be utilized under the conditions set forth above without fear 
of transmitting scrapie into the United States.
    We are not making any specific changes on this issue with regard to 
goats. This is because, as explained elsewhere in this document, we are 
amending Sec. 92.405 to exempt goats under certain circumstances from 
many of the requirements of this section. Together, we believe these 
amendments impose the fewest restrictions on importers while still 
protecting U.S. livestock from the importation of scrapie.
    We are also amending Sec. 92.405 to clarify that sheep and goats 
must be accompanied by a certificate stating that none of the female 
sheep or goats in the flock or herd from which the sheep or goats will 
be imported has been impregnated, during the 5 years immediately 
preceding shipment of the sheep or goats to the United States, with 
germ plasm from a flock or herd known to be infected with scrapie. This 
requirement, along with restrictions on progeny of scrapie-infected 
animals, is designed to prohibit importation into the United States of 
animals most likely to be infected with scrapie. This requirement was 
implied in our proposed regulations. However, as we are completely 
revising Sec. 92.405 in this final rule, we are taking this opportunity 
to include a clear statement of this requirement.

Compliance With International Agreements

    One commenter stated that requiring a permit for sheep and goats 
imported from Canada is ``contrary to the domestic regulatory position 
currently in effect and, therefore, not consistent with the principles 
of the Treaty of the World Trade Organization [WTO].'' The commenter 
did not explain how our proposal is ``inconsistent.'' The same 
commenter also stated that imposing a permit requirement would be 
``counterproductive to our mutual commitment under the North American 
Free Trade Agreement [NAFTA] Animal Health Technical Working Group to 
facilitate trade through shared risk assessments and common import 
policies.'' Again, the commenter did not

[[Page 17233]]

explain how our proposal is ``counterproductive.''
    We do not agree with either assertion. If the comment is 
interpreted literally, no WTO signatory country would be permitted to 
substantively amend its regulations, because substantive amendments 
would always be ``contrary to the domestic regulatory position 
currently in effect.'' This is clearly not the intention of the WTO. 
The WTO clearly maintains, in Article 2, the right of countries to take 
any sanitary (animal) and phytosanitary (plant) measure necessary to 
protect human, animal, and plant life and health. Furthermore, the WTO 
requires, in Article 5, that signatory countries base their SPS, that 
is, sanitary and phytosanitary requirements, on an assessment of the 
risks. If, according to this assessment, the level of risk changes, a 
country may adjust its requirements. We agree with the commenter that 
NAFTA obligates Canada, Mexico and the United States to work towards 
common import policies. However, that commitment is secondary to each 
country's biosecurity needs.
    In the case of Canada, there has been an increase in the level of 
risk of transmitting scrapie into the United States. Until 1994, Canada 
did not generally import animals or germ plasm from countries where 
scrapie exists. The few importations that did occur were rare and 
easily traced. However, this is no longer true. Canada now frequently 
imports germ plasm from countries where the United States believes 
scrapie exists. For example, germ plasm from France and the United 
Kingdom has recently been imported into Canada. This has increased the 
risk that scrapie will be transmitted into the United States by animals 
and germ plasm from Canada. Our proposal to require that animals and 
germ plasm from Canada be accompanied by an import permit is a response 
to the increase in disease risk brought about by this change in 
Canadian imports.
    One commenter stated that we should, to fulfill the ``rights and 
obligations of the United States as a signatory to the Sanitary/Phyto-
Sanitary (SPS) Chapter of the World Trade Organization, * * * recognize 
the use of [germ plasm] from sources which provide equivalent 
assurances to those achieved under the Voluntary Scrapie Flock 
Certification Program.'' Implementation of this SPS concept (i.e., 
equivalency), depends, to a large extent, on an official recognition of 
the exporting country's procedures or systems as being equivalent. We 
believe our proposed regulations recognize the use of germ plasm from 
equivalent sources. Sections 92.435, 98.10a, and 98.37 of the 
regulations specifically provide for importation of sheep, goats, and 
sheep germ plasm in programs determined by the Administrator of the 
Animal and Plant Health Inspection Service (APHIS) to be equivalent to 
the VSFCP. Countries must make an official request for U.S. recognition 
of equivalency in these matters. If the Administrator determines that a 
country's programs are equivalent, animals from that country will then 
be allowed to be imported into the United States into a flock or herd 
that participates in the VSFCP, and will be required to remain in such 
a flock or herd until they reach Certified status. However, the time 
required for them to reach Certified status will take into account the 
time spent by them in an equivalent program in the country of origin.

Classification of Countries

    One commenter suggested that the Republic of South Africa be 
classified as scrapie-free. We are not making any changes based on this 
comment at this time. Currently, Australia and New Zealand are 
recognized by the United States and the World Health Organization as 
scrapie-free countries. However, we are constantly reevaluating the 
disease status of countries. If we determine that the status of any 
country should be changed, we will publish a proposal for public 
comment in the Federal Register.

Imports From Canada

    One commenter stated that the disease situation in Canada has not 
changed, and there is therefore no justification to require permits for 
animals imported from Canada. Two commenters stated that import permits 
for sheep and goats and germ plasm from sheep and goats from Canada are 
unnecessary.
    We have not made any changes based on this comment. As explained 
above, until 1994, Canada did not generally import animals or germ 
plasm from countries where scrapie exists. The few importations that 
did occur were rare and easily traced. However, this is no longer true. 
Canada now frequently imports germ plasm from countries where the 
United States believes scrapie exists. To ensure that there is no risk 
of transmitting scrapie to livestock in the United States, we need to 
be able to trace the movements of this germ plasm and animals resulting 
from the germ plasm. To obtain the information needed to make tracing 
possible, we are requiring that animals and germ plasm from Canada be 
accompanied by an import permit.
    Several commenters stated that sheep and goats imported from Canada 
should be handled differently under the regulations (i.e., be subject 
to more stringent requirements) than sheep and goats imported from 
Australia and New Zealand. Commenters also suggested that Canada could 
serve as a ``back door'' into the United States for sheep and goats 
from third countries.
    We had proposed to exempt sheep and goats and germ plasm of sheep 
and goats from Canada, Australia and New Zealand from proposed 
Secs. 92.435, 98.10a, and 98.37, which would require such animals and 
germ plasm to enter a flock or herd in the United States that 
participates in the VSFCP. It is true that Australia and New Zealand 
are free of scrapie, while Canada is not. However, the Canadian 
government has an effective system to report, trace, and destroy 
infected animals. 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. 
For these reasons, we consider the risk of scrapie from animals and 
germ plasm from Canada to be negligible, provided that certain 
requirements are met. As explained above, we are requiring that 
importers obtain an import permit for sheep, goats, and germ plasm from 
Canada. The permit application process is designed to provide us with 
the information we need to ensure that animals and germ plasm to be 
imported meet our requirements and that they are not exposed or 
infected with any disease or pest of concern. This includes not only 
scrapie, but other diseases and pests. The permit requirement applies 
to animals and germ plasm from all countries, including Australia and 
New Zealand.
    As to whether Canada could serve as a ``back door'' for infected 
animals or germ plasm to enter the United States, we believe the permit 
requirements imposed by our interim rule should close the ``back door'' 
that now exists. With these requirements in place, animals and germ 
plasm from Canada may enter the United States only when

[[Page 17234]]

APHIS has been alerted to their health history. The application for an 
import permit gives us specific information on the scrapie status of 
animals and germ plasm to be imported, including the genetic history of 
germ plasm donors. These requirements, along with certificate 
requirements we proposed (see Secs. 92.405, 98.5, and 98.35 in this 
final rule), will help ensure that animals and germ plasm are imported 
into this country only under conditions designed to prevent the 
importation and spread of scrapie. For example, pregnant sheep imported 
from Canada will be required to enter VSFCP flocks if they have been 
impregnated with germ plasm from any country other than Australia, 
Canada, New Zealand or the United States.
    One commenter also stated that it is ``unfair'' to treat subsequent 
generations of animals differently, depending on whether they were born 
in the United States or in Canada. We have carefully considered this 
comment and we are not making any changes based on this comment. We 
believe the commenter attempts to compare two dissimilar issues: The 
treatment of animals to be imported into the United States and the 
treatment of animals already in the United States. We believe these 
issues require different approaches. Our intention in both the interim 
rule and the proposed rule was to protect livestock in the United 
States from being exposed to scrapie through imported animals and germ 
plasm. The regulations in part 92 and 98 were not designed to reduce 
the spread of scrapie within the United States. To accomplish that goal 
we have established the VSFCP (see 9 CFR part 54). That program is 
designed to encourage sheep and goats owners to eliminate scrapie 
within their herds and flocks and thereby help prevent spread of the 
disease within the United States. We believe the final regulations 
contained in this document will encourage participation in the VSFCP.

Exemptions From Permit Requirement

    Commenters suggested that certain animals or germ plasm be exempted 
from the permit requirements contained in the interim rule. Suggestions 
were made to exempt feeder lambs imported into the United States from 
Canada and sheep and goats imported into the United States from Canada 
for temporary exhibition. A suggestion was also made that sheep and 
goats from flocks or herds in Canada where the only genetic material 
imported into the flock or herd was semen or embryos should not be 
subject to permit ``restrictions.''
    We have carefully considered the suggestion that we exempt from the 
permit requirement sheep and goats imported from Canada for temporary 
exhibition in the United States. We need to know where these animals 
are located and when and where they are moved after they enter the 
United States. This information is necessary to help ensure that these 
animals do not come into contact with livestock in the United States 
under circumstances where they could transmit scrapie. We obtain this 
information through the import permit process and therefore cannot 
exempt these animals from this requirement.
    We have also carefully considered the suggestion that we exempt 
feeder lambs from Canada from the permit requirement. We agree that 
feeder lambs are generally kept in confinement. However, we do not 
agree that they pose no greater risk of transmitting scrapie than do 
slaughter animals simply because they are normally kept in confinement. 
On the contrary, we believe feeder lambs pose considerable risk. Feeder 
lambs are usually shipped in mixed loads of ewe lambs and wether lambs. 
At the time they cross into the United States, they have entered U.S. 
commerce. Unlike wethers, which have no value other than slaughter, and 
which in any case are unlikely to transmit scrapie, feeder ewes are 
bought and sold for other purposes. Many are sold directly from 
feedlots for use as breeding ewes. It is not illegal to sell and buy 
feeder lambs for this purpose. Under these circumstances, we do not 
believe that exempting feeder lambs from Canada from the permit 
requirement is appropriate. We are therefore making no changes based on 
this comment.
    The comment requesting that permit ``restrictions'' not be placed 
on animals from flocks or herds in Canada where the only genetic 
material imported into the flock or herd was semen or embryos was also 
carefully considered. It has been theorized that scrapie is not 
transmitted through germ plasm. However, at this time there is 
insufficient data or research to support this theory. While the topic 
is under study, we believe the most prudent course is to monitor 
through the VSFCP importation of animals from Canada that are from 
flocks where semen or embryos have been imported into the flock from a 
country other than Australia, Canada, New Zealand, or the United 
States. Therefore, we are making no changes based on this comment.

Who May Issue Health Certificates

    One commenter suggested that we simplify the proposed regulations 
to allow licensed veterinarians to certify source flocks as free of 
scrapie. We are not making any changes based on this comment. We 
require government certification to ensure that the information on 
certificates is reliable. If we allowed any licensed veterinarian to 
certify animals, we would have no means of ensuring that the 
information was accurate, and no recourse if it were not.

Additional Restrictions

    Commenters also suggested that certain animals or germ plasm be 
placed under greater restrictions than provided in the interim and 
proposed requirements. The suggestions were to: (1) Prohibit 
importation of live animals born in the same flock during the same 
lambing or kidding season as progeny of scrapie-positive dams; (2) 
require that sheep or goats remain for a minimum of 5 years in a flock 
or herd participating in a disease prevention program; (3) restrict 
movement of animals located in zoos in the United States; (4) require 
identification of certain progeny; and (5) require necropsy of certain 
imported animals that die before they have been in the United States 
for 5 years.
    We have determined that no changes are needed in response to the 
suggestion that we prohibit importation of live animals born in the 
same flock during the same lambing or kidding season as progeny of 
scrapie-positive dams. These animals would be prohibited importation 
under Sec. 92.405. That section requires that, with limited exceptions, 
all ruminants intended for importation be accompanied by certificates. 
The certificates for sheep and goats (except for those animals from 
Australia, Canada, or New Zealand) must, in addition, specifically 
state that the animals 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. Also under Sec. 92.405(a), ruminants, including 
sheep or goats, would have to be accompanied by a certificate stating 
that the animals are not in quarantine in the country of origin. This 
is a new requirement in this final rule and is discussed below under 
``Animals in quarantine in New Zealand.'' These requirements would have 
the practical effect of prohibiting the importation of live animals 
born in the same flock during the same lambing or kidding season as 
progeny of scrapie-positive dams.
    We have carefully considered the comment that we should require 
sheep and goats to participate in a scrapie

[[Page 17235]]

control program for a minimum of 5 years. We have determined that no 
changes are necessary in response to this comment. Except for limited 
exemptions discussed elsewhere in this document, our requirements will 
allow the unrestricted importation of sheep and goats and sheep germ 
plasm only from countries which are free of scrapie or, in the case of 
Canada, which employ reporting and surveillance requirements equivalent 
to the United States and have regulations distinctly designed to 
control the spread of scrapie within the country. All imported sheep 
and goats and germ plasm of sheep and goats must be accompanied by a 
certificate. With the exception of sheep and goats from Australia, 
Canada, and New Zealand, the certificate accompanying animals must 
specifically state that the sheep and goats have not been in contact 
with other sheep and goats, during the 5 years previous to importation, 
such that they could have been exposed to scrapie (see Sec. 92.405). 
The certificate accompanying germ plasm must specifically state that, 
in the case of embryos, the donor animals, and in the case of semen, 
the donor sire, have not been in contact with other sheep and goats, 
during the 5 years previous to collection of the germ plasm, such that 
they could have been exposed to scrapie (see Secs. 98.5(b)(1) and 
98.35(e)(1)). Except as explained later in this document (see the 
discussion below headed ``Goats''), sheep, goats, and sheep germ plasm 
from countries other than Canada, Australia, and New Zealand may enter 
the United States only into a flock or herd participating in the VSFCP 
(see Secs. 92.435, 98.10a and 98.37).1 These imported animals and 
all first generation progeny resulting from the imported germ plasm 
must remain in a participating flock or herd until the flock or herd 
qualifies as ``Certified.'' If the flock or herd is a level ``C'' flock 
or herd when the animals or germ plasm enter it, the process of 
attaining ``Certified'' status takes a minimum of 5 years. Animals and 
germ plasm may qualify to enter a flock or herd of higher status if 
they have been imported from a source flock or herd participating in a 
program which the Administrator has determined is equivalent to the 
APHIS VSFCP. In that situation, the animals and any first generation 
progeny resulting from the imported germ plasm may have to remain in a 
participating flock or herd for fewer than 5 years. However, the 
animals (or donor animals, in the case of imported germ plasm) would 
have been in a participating flock or herd, or in an equivalent flock 
or herd in the country of origin, for at least 5 years.
---------------------------------------------------------------------------

    \1\ Note: Under this final rule, although it is not required 
(except in one instance), sheep and goats and sheep germ plasm from 
Australia, Canada, and New Zealand may be imported into the United 
States into flocks and herds participating in the VSFCP. Likewise, 
goat germ plasm, regardless of the country of origin, may be 
imported into the United States into herds participating in the 
VSFCP. These importations must, of course, meet the necessary 
certification, permit, and quarantine requirements.
---------------------------------------------------------------------------

    We are also not making any changes in response to the comment that 
we place additional restrictions on the movement of animals from zoos 
in the United States. Very few animals are imported to zoos, and those 
which are imported are mainly from other zoos. Most zoo animals are 
captive-bred and rarely moved from their home zoo. Under these 
circumstances, we believe the disease risk presented by zoo animals to 
be very slight. Under our current regulations, animals moving from a 
zoo in the United States must be accompanied by a permit. The 
information provided as part of the permit process--when and where and 
under what conditions the animal is being moved--is sufficient to allow 
us to trace the animal and ensure that it does not come into contact 
with livestock under circumstances where it could transmit scrapie. We 
believe these requirements are adequate to prevent the spread of 
scrapie.
    We have carefully considered the comment that we require progeny of 
imported sheep and goats to be permanently identified, and that we 
require a necropsy on animals which die less than 5 years after 
importation. The ``Uniform Methods and Rules--Voluntary Scrapie Flock 
Certification'' (UM&R), governs the VSFCP. The UM&R requires all 
animals in the flock or herd, including animals born into the flock or 
herd, to be permanently identified. The UM&R also requires that a 
necropsy be performed on any animals that die under suspicious 
circumstances. Sheep and goats imported into the United States under 
this final rule, with certain exceptions, will be required to enter a 
participating flock or herd. They would therefore be required to be 
permanently identified. They would also have to be necropsied should 
they die under suspicious circumstances. We believe these requirements 
are adequate to prevent the spread of disease, should it occur. The 
only sheep and goats imported into the United States not subject to 
these requirements would be animals which are exempt from entering a 
participating herd because they present no risk of disease. Each 
category of exempt animals is explained elsewhere in this document, or 
in the proposed rule.

Goats

    Several commenters suggested that sheep and goats should be treated 
differently under the regulations, as scrapie rarely occurs in goats.
    We have carefully reviewed these comments and have determined that 
some changes in the regulations with regard to goats are warranted. It 
is true that goats are susceptible to scrapie. However, since 1947 in 
the United States there have been only 5 reported cases of scrapie in 
goats. All occurred in goats which had been in contact with scrapie-
infected sheep. As goats are not normally kept in contact with sheep, 
and as the incubation period for scrapie can last up to 5 years, we 
believe goats that have had no contact with sheep for a period of at 
least 5 years would pose an insignificant risk of scrapie. Therefore, 
under this final rule, goats will not be subject to Sec. 92.435 if they 
are certified as having had no contact with sheep for at least the 
previous 5 years. Further, goats from Australia, Canada, and New 
Zealand would not be subject to Sec. 92.435 even if they have had 
contact with sheep. Australia and New Zealand are free of scrapie. 
Contact with sheep in New Zealand and Australia would therefore not 
result in potential exposure to scrapie. Canada employs reporting and 
surveillance requirements equivalent to those of the United States and 
has regulations distinctly designed to control the spread of scrapie 
within the country. Therefore, under the conditions set forth in this 
final rule, we consider the risk of scrapie from goats in Canada to be 
negligible.
    Under this final rule, goats, regardless of the country of origin, 
will not need to be certified as coming from a herd in which none of 
the female goats has been impregnated, during the 5 years immediately 
preceding shipment of the goats to the United States, with germ plasm 
from a country other than Australia, Canada, New Zealand, or the United 
States, or with germ plasm from a herd of unknown scrapie status. In 
addition, goat germ plasm, regardless of the country of origin, will be 
required to meet certification requirements, but will not be required 
to be placed in a herd that participates in the VSFCP. We believe these 
changes are warranted due to the low risk of transmitting scrapie posed 
by goats.

Enforcing the Regulations

    Several commenters expressed concern about enforcement of our 
regulations. We are not making any changes based on these comments. We 
believe these regulations are enforceable

[[Page 17236]]

and that we have adequate manpower to enforce them.

Animals in Quarantine in New Zealand

    As pointed out by one commenter, there are sheep currently in 
quarantine in New Zealand in a Scrapie Free Accreditation Program. 
These sheep were imported into a New Zealand quarantine facility from a 
country which the United States does not consider scrapie free. The 
commenter asks what the ``status'' of these animals is under our 
proposed rule.
    Under this final rule, imported sheep must be accompanied by a 
certificate issued under Sec. 92.405. Among other things, Sec. 92.405 
requires the certificate to contain a statement that the sheep are not 
in quarantine in the country of origin. Therefore, as long as the sheep 
are in quarantine in New Zealand, they cannot be imported into the 
United States.
    As a matter of policy, we do not accept any ruminants from any 
country which are in quarantine in the source country. To clarify that 
this requirement applies to all ruminants from all countries, we are 
amending Sec. 92.405 to include this requirement.

Clarify Regulations

    Several commenters asked that different provisions of the proposed 
regulations be clarified.
    The first commenter of this group asked that we clarify whether we 
are proposing to remove all import requirements for sheep from New 
Zealand, or whether only some health certificate requirements would be 
removed. As explained elsewhere in this document, we are removing 
certain health certificate requirements that apply specifically to 
sheep imported from New Zealand. In addition, depending upon the 
circumstances of each individual animal, sheep from New Zealand would 
not be required to enter a flock participating in the VSFCP. Import 
permits would still need to be obtained for sheep from New Zealand, and 
sheep from New Zealand would still need to be accompanied by a 
certificate, and be quarantined upon arrival in the United States.
    The second commenter asked us to clarify the meaning of 
``suspect.'' By ``suspect,'' we mean any animal which displays signs 
that could indicate it is infected with scrapie. There is no live 
animal test for scrapie, and a positive diagnosis can be made only 
after the animal dies.
    Several commenters asked for clarification of ``progeny'' when the 
term is used to refer to animals required to remain in a herd or flock 
in the VSFCP. In this connection, we intended the term ``progeny'' to 
mean only the first generation of animals resulting from natural 
breeding, artificial insemination, or embryo transfer. To eliminate any 
confusion as to the meaning of ``progeny,'' we are amending the 
proposed regulations to read ``first generation progeny'' where 
appropriate. It would be impractical to require progeny beyond the 
first generation of animals to remain in a VSFCP herd or flock. All 
VSFCP herds and flocks are maintained under surveillance. In addition, 
except for animals moving to slaughter, all sheep and goats in 
participating herds or flocks must be permanently identified, and herd 
and flock owners must maintain certain records for a minimum of 5 years 
after an animal dies or has otherwise been removed from the herd or 
flock. These records, along with the individual animal identification, 
allows us to trace animals which leave the herd or flock.
    One commenter approved of the proposed requirement that progeny 
resulting from germ plasm imported under the regulations remain in a 
flock or herd participating in the VSFCP until that flock or herd 
qualifies as ``Certified.'' The commenter asked if the proposed 
requirement would apply to each importation of germ plasm. Our response 
is yes, each importation of germ plasm would be subject to this 
requirement.

Regulatory Flexibility Act Analysis

    One commenter stated that the Regulatory Flexibility Act analysis 
needed to clarify that it costs ``something'' to participate in the 
VSFCP. Flock and herd owners who elect to participate in the VSFCP do 
incur the costs of making and maintaining records on the animals in 
their flock or herd. However, the program is completely voluntary, and 
in most cases any recordkeeping costs would be inconsequential. In 
addition, the increased value of animals in VSFCP herds and flocks 
would offset any recordkeeping cost.

Questions

    One commenter asked if Boer goats were bred especially to sell in 
the United States. The term ``Boer goat'' was used in the 19th century 
in South Africa to mean farm goat. The term was apparently used to 
distinguish indigenous goats from imported Angora goats. The present-
day Boer goat, bred from native stock, was developed in the early 20th 
century for meat production.
    A couple of other commenters asked for clarification of the length 
of time under our proposed rule that various animals would have to 
remain in a flock or herd that is participating in the VSFCP. All 
animals must remain in a flock or herd participating in the Program 
until the flock or herd reaches ``Certified'' status. This usually 
takes a minimum of 5 years. If a live animal is imported into the 
United States, APHIS may give ``credit'' for years the animal's flock 
or herd of origin participated in a program which the Administrator of 
APHIS determines is equivalent to the VSFCP. If germ plasm is imported, 
the first generation of animals resulting from that germ plasm must 
remain in a participating flock in the United States until the flock 
reaches ``Certified'' status.

Miscellaneous Comments

    One commenter suggested that APHIS should certify animals for 
importation only if they come from a country where scrapie exists. 
According to the comment, animals from such countries would have some 
immunity to the disease. Unfortunately, we are not aware of any 
evidence demonstrating that animals can develop immunity to scrapie. 
For this reason we are not making any changes based on this comment.

Miscellaneous

    Since we published the proposed rule, the regulations in part 98, 
subpart B, which concern embryos from countries where rinderpest or 
foot-and-mouth disease (FMD) exists, have been amended (see 61 FR 15180 
et seq., Docket No. 94-006-2). Among other things, the regulations were 
amended so they apply not only to certain cattle embryos, but to all 
ruminant embryos, including sheep and goat embryos. Therefore, we are 
amending part 98, subpart B, at this time to add the same health 
certificate requirements concerning scrapie as are included in this 
final rule for sheep and goat embryos from countries free of rinderpest 
and FMD. This amendment will make the requirements consistent in 
subparts A and B of part 98. We are also amending the language in 
Sec. 98.14(a), stating who may issue health certificates, to make it 
consistent with similar language in Secs. 92.405, 98.5, and 98.35, as 
we proposed.
    We have also made minor, nonsubstantive changes to correct 
punctuation and to maintain consistent wording. In addition, in some 
parts of this final rule, we have set out current regulatory text that 
did not appear in the proposed rule. This has been done in places where 
less than an entire sentence appeared in the proposed rule

[[Page 17237]]

so that readers will have an easier time understanding the text.
    We have also updated our Regulatory Flexibility Act analysis to 
include the latest available data.
    Therefore, based on the rationale set forth in the interim rule of 
March 11, 1995, and in this document, we are affirming the provisions 
of the interim rule without change. In addition, based on the rationale 
set forth in the proposed rule of May 11, 1995, and in this document, 
we are adopting the provisions of the proposed rule, with the changes 
discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for purposes of Executive 
Order 12866, and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This rule requires an import permit for certain sheep and goats 
imported into the United States from Canada and Mexico through a land 
border port. In 1994, 28,357 sheep and 527 goats were imported from 
Canada through a land border port; none were imported from Mexico 
through a land border port. Over 97 percent of these sheep and goats 
were wethers or were imported for immediate slaughter. Wethers and 
sheep and goats imported through land border ports for immediate 
slaughter continue to be exempt from the requirement for an import 
permit. Based on these numbers, we expect that only 3 percent of sheep 
and goats imported from Canada or Mexico through land border ports will 
be required to be accompanied by an import permit under this rule. 
APHIS does not charge a user fee specifically for the import permit. 
However, APHIS does charge a user fee for import or entry services 
provided at all ports of entry, including land border ports along the 
United States-Mexico border. These user fees may need to be adjusted to 
account for the cost of issuing import permits required under this 
final rule. If this is necessary, a proposed rule will be published for 
public comment in the Federal Register.
    This rule also requires additional certification information for 
sheep, goats, and germ plasm. However, no direct charges or user fees 
will be assessed by APHIS as these certificates are issued in foreign 
countries. The cost impact will be minimal.
    In addition, under this rule: (1) Sheep and goat imports from New 
Zealand will no longer be required to meet special health certification 
requirements, and (2) regulations governing privately operated 
quarantine facilities for imported sheep will apply to privately 
operated quarantine facilities for imported goats as well. These 
changes will not have a significant impact on importers or producers. 
We believe any impact will be positive, in that the changes will 
facilitate importation of sheep and goats.
    Our economic analysis indicates that these amendments will have a 
positive economic impact on U.S. importers of sheep, goats, and their 
germ plasm, since importation into the United States will 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 1995, there were 82,120 agricultural 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. agricultural operations with goats.
    We anticipate that participation in the VSFCP will increase, as 
sheep germ plasm and breeding stock from countries other than 
Australia, Canada, and New Zealand, will be allowed to be introduced 
only into VSFCP 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 will 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 will be no increase in costs 
for sheep and goat operations if they participate in the VSFCP.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control numbers 0579-0040 and 0579-0101.

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, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR 92.400, 92.417, and 92.424, and that 
was published at 60 FR 13898-13900 on March 15, 1995.
    Accordingly, 9 CFR parts 92 and 98 are amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    1. The authority citation for part 92 continues to read as follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

    2. Section 92.400 is 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 is amended as follows:
    a. By revising paragraphs (a) and (b) to read as set forth below.
    b. By redesignating paragraph (c) as paragraph (d), and by adding a 
new paragraph (c) to read as set forth below.
    c. In newly designated paragraph (d), by removing the words 
``paragraphs (a)

[[Page 17238]]

and (b)'' and adding in their place the words ``paragraphs (a), (b), 
and (c)''.
    d. By adding a parenthetical at the end of the section 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), 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, representing that the veterinarian issuing the 
certificate was authorized to do so. The certificate shall state:
    (1) That the ruminants have been kept in that country during the 
last 60 days immediately preceding the date of shipment to the United 
States, and that during this time the country has been entirely free 
from foot-and-mouth disease, rinderpest, contagious pleuropneumonia, 
and surra; provided, however, that for wild ruminants for exhibition 
purposes, the certificate need specify only that the district of origin 
has been free from the listed diseases; and provided further, that for 
sheep and goats, with respect to contagious pleuropneumonia, the 
certificate may specify only that the district of origin has been free 
from this disease; and
    (2) That the ruminants are not in quarantine in the country of 
origin.
    (b) Goats. (1) In addition to the statements required by paragraph 
(a) of this section, the certificate accompanying goats intended for 
importation from any part of the world must state:
    (i) That none of the goats in the herd from which the 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;
    (ii) That none of the female goats in the herd from which the goats 
will be imported has been impregnated, during the 5 years immediately 
preceding shipment of the goats to the United States, with germ plasm 
from a herd known to be infected with scrapie;
    (iii) That the veterinarian issuing the certificate has inspected 
the goats in the herd from which the animals will be imported and found 
the herd to be free of any evidence of infectious or contagious 
disease; and
    (iv) That as far as it is possible for the veterinarian who 
inspects the animals to determine, none of the goats in the herd from 
which the animals will be imported has been exposed to any infectious 
or contagious disease during the 60 days immediately preceding shipment 
to the United States.
    (2) In addition, the certificate accompanying goats intended for 
importation from any part of the world except Australia, Canada, and 
New Zealand must state:
    (i) That the goats have not been in any herd nor had contact with 
sheep or goats that have been in any flock or herd where scrapie has 
been diagnosed or suspected during the 5 years immediately prior to 
shipment; and
    (ii) That the goats have not had any contact with sheep during the 
5 years immediately prior to shipment; provided that, this statement is 
not required if the goats are imported in accordance with 
Sec. 92.435(a) into a herd in the United States that participates in 
the Voluntary Scrapie Flock Certification Program.
    (c) Sheep. (1) In addition to the statements required by paragraph 
(a) of this section, the certificate accompanying sheep intended for 
importation from any part of the world must state:
    (i) That none of the sheep in the flock from which the sheep 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;
    (ii) That none of the female sheep in the flock from which the 
sheep will be imported has been impregnated, during the 5 years 
immediately preceding shipment of the sheep to the United States, with 
germ plasm from a flock known to be infected with scrapie;
    (iii) That the veterinarian issuing the certificate has inspected 
the sheep in the flock from which the animals will be imported and 
found the flock to be free of any evidence of infectious or contagious 
disease; and
    (iv) That as far as it is possible for the veterinarian who 
inspects the animals to determine, none of the sheep in the flock from 
which the animals will be imported has been exposed to any infectious 
or contagious disease during the 60 days immediately preceding shipment 
to the United States.
    (2) In addition, the certificate accompanying sheep intended for 
importation from any part of the world except Australia, Canada, and 
New Zealand must state that the sheep have not been in any flock nor 
had contact with sheep or goats that have been in any flock or herd 
where scrapie has been diagnosed or suspected during the 5 years 
immediately prior to shipment.
    (3) In addition, the certificate accompanying sheep intended for 
importation from Australia, Canada, and New Zealand must state that 
none of the female sheep in the flock from which the sheep will be 
imported has been impregnated, during the 5 years immediately preceding 
shipment of the sheep to the United States, with germ plasm from a 
country other than Australia, Canada, New Zealand, or the United 
States, or from a flock of unknown scrapie status; provided that, this 
statement is not required if the sheep are imported in accordance with 
Sec. 92.435(a) into a flock in the United States that participates in 
the Voluntary Scrapie Flock Certification Program.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0040)

    4. Section 92.411 is 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) is 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 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    b. By adding a parenthetical at the end of the section to read as 
set forth below.

[[Page 17239]]

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.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0040)

    7. Section 92.423 is amended as follows:
    a. In paragraph (a), by revising the first sentence to read as set 
forth below.
    b. By revising paragraph (b) to read as set forth below.
    c. By adding a parenthetical at the end of the section 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) stating that the animals have been in that country at 
least 60 days immediately preceding the date of shipment to the United 
States; that he or she has inspected the ruminants on the premises of 
origin and found them free from evidence of any communicable disease; 
and that, as far as it has been possible to determine, the ruminants 
have not been exposed to any communicable disease during the preceding 
60 days. * * *
    (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 
of the requirements of Sec. 92.405.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0040)

    8. Section 92.427 is amended as follows:
    a. In paragraph (b)(1), by revising the first sentence to read as 
set forth below.
    b. By revising paragraphs (b)(2)(i) and (b)(2)(ii) to read as set 
forth below.
    c. In paragraph (c)(1), by revising the last sentence to read as 
set forth below.
    d. By revising paragraph (d)(1) introductory text, to read as set 
forth below.


Sec. 92.427  Cattle from Mexico.

* * * * *
    (b) Fever ticks. (1) Except as provided in paragraph (b)(2) of this 
section, 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 at the time 
of movement to the port of entry and found them free from any evidence 
of communicable disease and that, as far as it has been possible to 
determine, they have not been exposed to any such disease, including 
splenetic, southern or tick fever, during the preceding 60 days and, if 
shipped by rail or truck, the certificate shall further specify that 
the cattle were loaded into clean and disinfected cars or trucks for 
transportation direct to the port of entry. * * *
    (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 and found them free 
from fever ticks and any evidence of communicable disease, and that, as 
far as it has been possible to determine, they have not been exposed to 
any such disease, except splenetic, southern, or tick fever, during the 
60 days immediately preceding their movement to the port of entry.
    (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.
* * * * *
    (c) * * *
    (1) * * * However, cattle, including steers, that originated in 
herds declared to be tuberculosis-accredited by the Government of 
Mexico in accordance with that country's standards do not have to 
comply with the other provisions of this paragraph if they are moved 
directly to the U.S. port of entry from their herd of origin without 
having commingled with cattle from any herd not so accredited enroute 
to the port of entry, and they are accompanied by a health certificate, 
issued in accordance with Sec. 92.405(a), stating that the cattle 
originated in such a tuberculosis-accredited herd and identifying the 
animals by official Mexican Ministry of Agriculture and Water Resources 
(SARH) blue eartag and tattoo numbers.
* * * * *
    (d) * * *
    (1) Are accompanied by a certificate issued in accordance with 
Sec. 92.405(a) stating:
* * * * *
    9. Section 92.428 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    b. By adding a parenthetical at the end of the section to read as 
set forth below.


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 and 
stating, if such sheep and 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.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0040)

    10. In Sec. 92.429, the first sentence is revised to read as 
follows:


Sec. 92.429  Ruminants for immediate slaughter.

    Ruminants, other than sheep and goats, may be imported from Mexico, 
subject to the applicable provisions of Secs. 92.424, 92.425, 92.426, 
and 92.427(b)(2) for immediate slaughter if accompanied by a 
certificate issued in accordance with Sec. 92.405(a) and stating that 
the veterinarian who issued the certificate has inspected the animals 
in the herd from which the ruminants will be imported and found them 
free of evidence of communicable disease, and that, so far as it has 
been possible to determine, they have not been exposed to any such 
disease common to animals of their kind during the preceding 60 days, 
and if the ruminants are shipped by rail or truck, the certificate 
shall further specify that the ruminants were loaded into cleaned and 
disinfected cars or trucks for transportation directly to the port of 
entry. * * *


Sec. 92.433  [Removed and Reserved]

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


Sec. 92.434  [Amended]

    12. Section 92.434 is amended as follows:
    a. By revising the heading to read as follows:


Sec. 92.434  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 19 
and the reference to it as footnote 15.

[[Page 17240]]

    c. In paragraph (d)(1), by redesignating footnote 20 and the 
reference to it as footnote 16.
    d. By adding the words ``or goats'' after the word ``sheep'' in the 
following places:
    i. In paragraph (a).
    ii. In paragraph (b)(2)(i)(B).
    iii. In paragraph (b)(2)(ii)(A).
    iv. In paragraph (b)(2)(ii)(B).
    v. In paragraph (b)(2)(ii)(D) each time it appears.
    vi. In paragraph (b)(2)(ii)(E).
    vii. In paragraph (b)(2)(ii)(F) each time it appears.
    viii. In paragraph (b)(2)(iii)(G), after only the third time 
``sheep'' appears.
    ix. In paragraph (b)(2)(iii)(K).
    x. In paragraph (b)(2)(iii)(L).
    xi. In paragraph (b)(3)(i)(A)(5).
    xii. In paragraph (b)(3)(ii).
    xiii. In paragraph (b)(3)(iv), in the heading and text.
    xiv. In paragraph (b)(3)(iv)(A), in the first sentence.
    xv. In paragraph (b)(3)(iv)(B).
    xvi. In paragraph (b)(3)(v) each time it appears.
    xvii. In paragraph (b)(5) each time it appears.
    xviii. In paragraph (c).
    xix. In paragraph (d)(2) introductory text.
    xx. In paragraph (d)(2)(iv).
    xxi. In paragraph (d)(4).
    e. by adding the words ``or goat'' after the word ``sheep'' in the 
following places:
    i. In paragraph (b)(2)(iii)(G), after the first and second time 
``sheep'' appears.
    ii. 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:
    i. In paragraph (b)(2)(ii)(K).
    ii. In paragraph (b)(2)(iii)(J).
    iii. In paragraph (b)(3)(i)(A) introductory text.
    iv. In paragraph (b)(3)(i)(A)(1).
    v. In paragraph (b)(3)(i)(A)(3).
    vi. In paragraph (b)(3)(ii).

    13. A new Sec. 92.435 is added to read as follows:


Sec. 92.435  Sheep and goats.

    (a) Except as provided in paragraph (b) of this section, all sheep 
and goats imported into the United States must be 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:
    (1) The flock or herd qualifies as a ``Certified'' flock or herd; 
or
    (2) The flock or herd owner has agreed, 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 qualifies 
as a ``Certified'' flock or herd.
    (b) The following sheep and goats are not subject to paragraph (a) 
of this section:
    (1) Goats intended for importation from Australia, Canada, or New 
Zealand;
    (2) Goats intended for importation from any country other than 
Australia, Canada, or New Zealand, provided that such goats have not 
had any contact with sheep during the 5 years immediately prior to 
shipment, in accordance with Sec. 92.405(b)(2)(ii);
    (3) Sheep intended for importation from Australia, Canada, or New 
Zealand, provided that none of the female sheep in the flock from which 
the sheep will be imported has been impregnated, during the 5 years 
immediately preceding shipment of the sheep to the United States, with 
germ plasm from a country other than Australia, Canada, New Zealand, or 
the United States, in accordance with Sec. 92.405(c)(3);
    (4) Wethers;
    (5) Sheep or goats imported for immediate slaughter; and
    (6) Wild sheep or goats imported for exhibition purposes to an 
approved zoological park in accordance with Sec. 92.404(c).
    (c) Sheep or goats may be imported under paragraph (a) 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.
    (d) Sheep and goats may be imported under paragraph (a)(1) 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.
    (e) Sheep and goats may be imported under paragraph (a)(2) 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.
    (f) Sheep and goats imported under paragraph (a)(2) of this section 
must be monitored for scrapie disease until the flock or herd qualifies 
as a ``Certified'' flock or herd.
    (g) Except for imported sheep and goats placed in Certifiable Class 
C flocks or herds, the certificate accompanying sheep or goats imported 
under paragraph (a) 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;

[[Page 17241]]

    (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.

(Approved by the Office of Management and Budget under control 
numbers 0579-0040 and 0579-0101)

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

    14. The authority citation for part 98 continues to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105, 
111, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.2(d).

    15. Section 98.2 is 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. Section 98.5 is amended as follows:
    a. By redesignating the introductory text of the section and 
paragraphs (a), (b), (c), (d), and (e) as paragraph (a) introductory 
text and paragraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5), 
respectively.
    b. By revising newly designated paragraph (a) introductory text to 
read as set forth below.
    c. By adding a new paragraph (b) to read as set forth below.


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, 
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 is added to read as 
follows:


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

    (a) Except for embryos from sheep in Australia, Canada, or New 
Zealand, embryos from sheep 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 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
    (2) The embryos are transferred to females in a flock in the United 
States that participates in the Voluntary Scrapie Flock Certification 
Program (see 9 CFR part 54, subpart B) and the flock owner has agreed, 
in writing, to maintain the flock, and all first generation 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, including all first generation 
progeny resulting from embryos imported in accordance with this 
section, qualifies as a ``Certified'' flock.
    (b) Sheep embryos may be imported under paragraph (a) of this 
section only if the importer provides the Voluntary Scrapie Flock 
Certification Program identification number of the receiving flock as 
part of the application for an import permit.
    (c) Sheep 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 in the country of origin that participate in a program 
determined by the Administrator to be equivalent to the Voluntary 
Scrapie Flock Certification Program, and the flocks have been 
determined by the Administrator to be at a level equivalent to 
``Certified'' in the Voluntary Scrapie Flock Certification Program.
    (d) Sheep embryos may be imported under paragraph (a)(2) of this 
section only if they are transferred to animals in a Certifiable Class 
C flock participating in the Voluntary Scrapie Flock Certification 
Program; except, that if the embryos are the progeny of a dam and sire 
whose flock 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 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 of the 
dam or the flock of the sire, whichever one presents the greater risk.
    (e) The flock to which the sheep embryos are transferred pursuant 
to paragraph (a)(2) of this section must be monitored for scrapie 
disease until the flock, and all first generation progeny resulting 
from the embryos imported in accordance with this section, qualifies as 
a ``Certified'' flock.
    (f) Except for sheep embryos being placed in Certifiable Class C 
flocks, the certificate accompanying sheep embryos imported under 
paragraph (a) 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 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 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

[[Page 17242]]

what level the source flock 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 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 of 
the embryos' sire and dam, including, but not limited to, the results 
of diagnostic tests, especially histopathology tests, conducted on any 
animals in the flock;
    (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 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 first generation progeny resulting from embryos imported 
under this section are subject to the requirements of 9 CFR part 54 and 
all other applicable regulations.

(Approved by the Office of Management and Budget under control 
numbers 0579-00040 and 0579-0101)

    18. In part 98, subpart B, Sec. 98.14 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    b. By redesignating paragraph (d) as paragraph (e).
    c. By adding a new paragraph (d) to read as set forth below.


Sec. 98.14  Health certificate.

    (a) Ruminant and swine embryos shall not be imported into the 
United States unless they are 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, representing that the veterinarian issuing the 
certificate was authorized to do so.
* * * * *
    (d) The health certificate accompanying sheep or goat embryos 
intended for importation from any part of the world shall, in addition 
to the statements required by paragraph (b) 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.
* * * * *
    19. In part 98, subpart B, a new Sec. 98.21 is added to read as 
follows:


Sec. 98.21  Embryos from sheep in countries other than Australia, 
Canada, and New Zealand.

    Except for embryos from sheep in Australia, Canada, or New Zealand, 
embryos from sheep may only be imported into the United States if they 
comply with all applicable provisions of this subpart and with 
Sec. 98.10a.

(Approved by the Office of Management and Budget under control 
numbers 0579-0040 and 0579-0101)

    20. In part 98, subpart C, Sec. 98.30 is 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.
* * * * *
    21. Section Sec. 98.35 is amended as follows:
    a. By revising paragraph (c) to read as set forth below.
    b. By adding a new paragraph (e) to read as set forth below.
    c. By adding a parenthetical at the end of the section to read as 
set forth below.


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, 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.

(Approved by the Office of Management and Budget under control 
number 0579-0040)


Sec. 98.36  [Amended]

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


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

    (a) Except for semen from sheep in Australia, Canada, or New 
Zealand, semen from sheep 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 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
    (2) The semen is transferred to females in a flock in the United 
States that participates in the Voluntary Scrapie Flock Certification 
Program (see 9 CFR part 54, subpart B), and the flock

[[Page 17243]]

owner has agreed, in writing, to maintain the flock, and all first 
generation 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, including all 
first generation progeny resulting from semen imported in accordance 
with this section, qualifies as a ``Certified'' flock.
    (b) Sheep semen may be imported under paragraph (a) of this section 
only if the importer provides the Voluntary Scrapie Flock Certification 
Program identification number of the receiving flock as part of the 
application for an import permit.
    (c) Sheep semen may be imported under paragraph (a)(1) of this 
section only if it comes from a donor animal in a flock 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 has been determined by the 
Administrator to be at a level equivalent to ``Certified'' in the 
Voluntary Scrapie Flock Certification Program.
    (d) Sheep semen may be imported under paragraph (a)(2) of this 
section only if it is transferred to animals in a Certifiable Class C 
flock participating in the Voluntary Scrapie Flock Certification 
Program; except, that if the semen comes from a donor animal whose 
flock 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 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 of the donor animal.
    (e) The flock to which the sheep semen is transferred pursuant to 
paragraph (a)(2) of this section must be monitored for scrapie disease 
until the flock, and all first generation progeny resulting from the 
semen imported in accordance with this section, qualifies as a 
``Certified'' flock.
    (f) Except for sheep semen being placed in Certifiable Class C 
flocks, the certificate accompanying the sheep semen imported under 
paragraph (a) 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 
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 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 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 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 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, including, but not limited to, the results of 
diagnostic tests, especially histopathology tests, conducted on any 
animals in the flock;
    (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 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 first generation progeny resulting from semen imported 
under this section are subject to the requirements of 9 CFR part 54 and 
all other applicable regulations.

(Approved by the Office of Management and Budget under control 
numbers 0579-0040 and 0579-0101)

    Done in Washington, DC, this 9th day of April 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-9266 Filed 4-18-96; 8:45 am]
BILLING CODE 3410-34-P