[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Proposed Rules]
[Pages 27797-27802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13810]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed 
Rules  

[[Page 27797]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-044-1]


The Importation of Ratites and Hatching Eggs of Ratites

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the animal import regulations to 
relieve certain restrictions on the importation of ratites and hatching 
eggs of ratites into the United States from Canada. We believe that 
these proposed actions can be taken without increasing the risk of 
introducing poultry or livestock diseases into the United States. 
Additionally, we propose to allow adult ostriches from any country to 
be imported, in accordance with the regulations, through the New York 
Animal Import Center, based on space availability. Currently, with 
certain exceptions, ostriches may not be imported into the United 
States if they exceed either 36 inches in height or 30 pounds in 
weight. We are proposing this change after determining that the New 
York Animal Import Center has the facilities and trained personnel to 
handle adult ostriches. We believe that these proposed amendments would 
facilitate the importation into the United States of ratites and 
hatching eggs of ratites while ensuring the continued protection of the 
health of livestock and poultry in the United States.

DATES: Consideration will be given only to comments received on or 
before August 2, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-044-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-044-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Tracye Butler, Staff Veterinarian, 
Import/Export Animals, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-
5097.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as ``the 
regulations'') govern the importation into the United States of certain 
animals and birds, including ostriches and other flightless birds known 
as ratites, and their hatching eggs, to prevent the introduction of 
communicable diseases of livestock and poultry.
    Section 92.101 of the regulations, among other things, imposes 
general restrictions on the importation of ratites and hatching eggs of 
ratites. Paragraph (b)(3)(i) of Sec. 92.101 requires that all ratites, 
except ratites imported as zoological birds, and all hatching eggs of 
ratites entering the United States must originate from certified pen-
raised flocks and must be identified. Ratites must be identified by 
means of a microchip implant, hatching eggs of ratites by marking on 
the shell. Paragraph (b)(3)(i) also requires certain recordkeeping, 
reporting, and inspections related to the flock and premises of origin. 
Paragraph (b)(3)(ii) of Sec. 92.101 prohibits, with certain exceptions, 
the importation of ostriches more than 36 inches in height or 30 pounds 
in weight at the time of arrival in the United States.
    Section 92.103 of the regulations, among other things, requires 
that an importer submit a completed import permit application to import 
ratites or hatching eggs of ratites into the United States. The import 
permit application provides, among other things, information on the 
name and location of the quarantine facility in the United States that 
will maintain the ratites or hatching eggs of ratites during the 
mandatory quarantine period.
    Section 92.104 of the regulations, among other things, requires 
that ratites and their hatching eggs offered for importation from any 
part of the world be accompanied by a certificate issued by a full-time 
salaried veterinary officer of the national government of the exporting 
country or issued by a veterinarian authorized or accredited by the 
national government of the exporting country and endorsed by a full-
time salaried veterinary officer of the national government of that 
country. The certificate must state, among other things, that ratites 
and their hatching eggs offered for importation have been inspected and 
found free of evidence of communicable diseases and are identified in 
accordance with the provisions in Sec. 92.101.
    Section 92.105 of the regulations, among other things, specifies 
requirements for the inspection of ratites and hatching eggs of ratites 
at the port of entry in the United States. Paragraph (a) of 
Sec. 92.105, among other things, allows hatching eggs of ratites to be 
offered for importation into the United States at any international 
airport, or any land-border port within 20 miles of an international 
airport, serviced by Customs. In addition, hatching eggs of ratites may 
be shipped, in bond, from the port of first arrival to the Customs port 
of entry where the eggs will be inspected and quarantined. Paragraph 
(c) of Sec. 92.105 provides that ratites, other than hatching eggs of 
ratites, imported from any part of the world must be inspected by a 
veterinary inspector of the Animal and Plant Health Inspection Service 
(APHIS) at a listed port of entry. The ports of entry listed for 
ostriches are New York, NY; Stewart Airport, Newburgh, NY; and Miami, 
FL. The ports of entry listed for ratites other than ostriches are New 
York, NY; Stewart Airport, Newburgh, NY; Miami, FL; and Honolulu, HI.
    Section 92.106 of the regulations, among other things, imposes 
quarantine requirements on ratites and hatching eggs of ratites. 
Paragraph (b)(1) of Sec. 92.106, among other things, requires ratites 
imported from any part of the world to be quarantined upon arrival for 
a minimum of 30 days to determine the ratites' freedom from 
ectoparasites and communicable diseases. Paragraph (b)(3) of 
Sec. 92.106 requires that ratites be

[[Page 27798]]

treated for ectoparasites during the quarantine by an inspector until 
the inspector determines that the ratites are free of ectoparasites. 
Paragraph (b)(2) of Sec. 92.106, among other things, requires hatching 
eggs of ratites imported from any part of the world to be quarantined 
upon arrival, incubated for approximately 42 days, and held in 
quarantine for a minimum of 30 days following the hatch of the last 
chick in the lot, to determine the ratites' freedom from communicable 
diseases. Additionally, the ratites and hatching eggs of ratites must 
be tested for and found free of viral diseases of poultry, including 
exotic Newcastle disease.

Ratites and Hatching Eggs of Ratites From Canada

    We are proposing to exempt certain ratites and hatching eggs of 
ratites from Canada from quarantine requirements upon arrival in the 
United States. We are proposing this relief for ratites that meet the 
following conditions: (1) They were hatched and raised in Canada; or 
(2) if imported into Canada, they were quarantined upon arrival in 
Canada for a minimum of 28 days at a Canadian quarantine facility and 
remained in Canada for an additional 60 days following quarantine. We 
are also proposing to exempt ratite hatching eggs that were laid in 
Canada from U.S. quarantine requirements. We would continue to require 
that these ratites and hatching eggs of ratites be accompanied by a 
health certificate, in accordance with current Sec. 92.104(a), (c), and 
(d), and that they meet the other applicable requirements of the 
regulations.
    We are proposing this change to the regulations because we believe 
that ratites and their hatching eggs from Canada present a minimal risk 
of introducing animal and poultry diseases into the United States, as 
explained below.
    Currently, Canada's import regulations allow ratites to be imported 
into Canada only from Germany, The Netherlands, and the United Kingdom. 
We have determined that Canadian requirements for importing ratites and 
their hatching eggs into Canada are similar to U.S. requirements for 
importing ratites and their hatching eggs into the United States. 
Specifically, ratites imported into Canada must meet the following 
conditions to be eligible for entry into a Canadian quarantine station: 
(1) They were hatched in and have never been outside the country of 
origin, or they have been quarantined in the country of origin for at 
least 60 days; (2) they were inspected within 30 days immediately prior 
to the date of export and were found to be free from evidence of viral 
diseases of poultry, including Newcastle disease, and as far as could 
be determined have not been exposed to disease within the preceding 60 
days; (3) they tested negative for viral diseases; and (4) they were 
inspected and declared healthy by a Canadian veterinary inspector upon 
arrival in Canada. Upon arrival in Canada, the imported ratites must 
enter a Canadian quarantine station and remain in quarantine for a 
minimum of 28 days. During that time, they are thoroughly checked for 
ticks and other external parasites. Fecal samples are taken and checked 
for internal parasites. The detection of internal or external parasites 
necessitates treatment; however, no vaccine against Newcastle disease 
or laryngotracheitis is administered. The detection of viral diseases 
may necessitate slaughter and disposal of the carcass.
    Hatching eggs of ratites that are imported into Canada also undergo 
quarantine to ensure the hatched chicks are free from disease. Hatching 
eggs of ratites imported into Canada must enter a Canadian quarantine 
station and remain in Canadian quarantine for a minimum of 45 days 
following the hatch of the last chick in the lot in order for the 
chicks to be eligible for an Agriculture Canada health certificate for 
importation into the United States.
    Ratites imported into Canada under the conditions described above 
would present a negligible disease risk if allowed to enter the United 
States without undergoing quarantine. The quarantine period in Canada 
would offer sufficient opportunity for the diagnosis of communicable 
diseases. Upon release from quarantine, the imported ratites would join 
Canadian flocks for a minimum of 60 days. Additionally, ratites do not 
live in the wild in Canada, and, therefore, ratites of unknown disease 
history could not be trapped in the wild and then added to Canadian 
flocks for subsequent importation into the United States. Because of 
these factors, neither ratites imported into Canada, nor any Canadian-
origin ratites, would have occasion to be exposed to any communicable 
disease of concern to the United States.
    We therefore believe that removing the quarantine requirement for 
certain ratites and hatching eggs of ratites from Canada is warranted 
to eliminate duplications in Canadian and U.S. disease-prevention 
measures and relieve an unnecessary regulatory burden.
    We are also proposing to exempt ratites imported from Canada for 
consignment directly to slaughter in the United States from the 
requirement in Sec. 92.104(c)(8) that the ratites be treated for 
ectoparasites within 3 to 14 days before they are exported from Canada. 
We are proposing this change to minimize potential pesticide residue 
problems in ratite meat and to acknowledge that ratites from Canada 
that are consigned directly to slaughter in the United States would 
have little, if any, opportunity to come into contact with and transfer 
ticks to other animals. It is also unlikely that any ticks that could 
be on the ratites would be ticks exotic to the United States because 
there are no known ticks in Canada that are exotic to the United 
States.
    In addition, we are proposing to exempt Canadian ratite flocks from 
the pen-raised requirement and the identification and recordkeeping 
requirements in Sec. 92.101(b)(3). These requirements were established 
to prevent wild-caught ratites from being added to a ``pen-raised'' 
flock and then imported into the United States as ratites produced and 
maintained in a pen-raised flock. Because there are no wild ratites in 
Canada and because Canadian import restrictions make it unlikely that 
any wild-caught ratites would be imported into Canada, it does not 
appear that it is necessary to require Canadian flocks to meet the pen-
raised requirement and the identification and recordkeeping 
requirements in Sec. 92.101(b)(3).
    We are also proposing to allow ratites from Canada that are exempt 
from quarantine upon arrival to be offered for importation at the 
following ports, in addition to the ports listed in Sec. 92.105(c): 
Anchorage, AK; Fairbanks, AK; Los Angeles, CA; San Diego, CA; Denver, 
CO; Jacksonville, FL; Port Canaveral, FL; St.Petersburg-Clearwater, FL; 
Tampa, FL; Atlanta, GA; Eastport, ID; Chicago, IL; New Orleans, LA; 
Houlton, ME; Jackman, ME; Portland, ME; Detriot, MI; Baltimore, MD; 
Boston, MA; Port Huron, MI; Sault Ste. Marie, MI; Minneapolis, MN; 
Great Falls, MT; Opheim, MT; Raymond, MT; Sweetgrass, MT; Alexandria 
Bay, NY; Buffalo, NY; Champlain, NY; Dunseith, ND; Pembina, ND; Portal, 
ND; Portland, OR; San Juan, PR; Galveston, TX; Houston, TX; Highgate 
Springs, VT; Blaine, WA; Lynden, WA; Oroville, WA; Seattle, WA; 
Spokane, WA; Sumas, WA; and Tacoma, WA.
    We are proposing this change because, as explained above, ratites 
hatched and maintained in Canada, or legally imported into Canada, 
would present little, if any, risk of carrying an exotic animal or 
poultry disease, or of harboring ectoparasites that could transmit 
exotic diseases to animals or poultry in the United States.

[[Page 27799]]

Consequently, we do not believe that these ratites need to be 
individually handled and inspected at the port of arrival. Under these 
circumstances, it appears that ratites from Canada that would not 
require quarantine upon arrival in the United States could be offered 
for importation at ports other than those currently allowed, including 
small, limited ports that lack restraint and holding facilities.
    Canadian-origin hatching eggs of ratites would also be allowed to 
be offered for importation at the ports listed above and could continue 
to be offered for importation at any international airport, or at any 
land-border port within 20 miles of an international airport, serviced 
by Customs, in accordance with Sec. 92.105(a).
    We believe that increasing the number of ports through which 
ratites and their hatching eggs may enter the United States from Canada 
would facilitate trade between the United States and Canada, in 
accordance with the North American Free Trade Agreement and the General 
Agreement on Tariffs and Trade.
    We are proposing to exempt ratites and hatching eggs of ratites 
from Canada from the import permit requirements found in Sec. 92.103 if 
the ratites and hatching eggs qualify for exemption from quarantine 
upon arrival in the United States and enter the United States at a 
Canadian land border port, as listed in Sec. 92.203(b). This exemption 
would apply only to those ratites and hatching eggs that are imported 
from Canada through a land border port. If Canadian ratites or hatching 
eggs of ratites enter the United States through an airport or ocean 
port, then the ratites or hatching eggs must be accompanied by an 
import permit so that port inspectors will have prior notification of 
the arrival of the shipment of ratites or hatching eggs and be 
available to check the shipment.
    The exemptions discussed above for ratites and hatching eggs 
imported into the United States from Canada would be set forth in 
Sec. 92.107 in new paragraphs (b) and (c). Sections 92.101, 92.103, 
92.104, 92.105, and 92.106 would be amended to indicate that 
Sec. 92.107 contains exemptions for ratites and hatching eggs of 
ratites imported into the United States from Canada.

Adult Ostriches

    We are also proposing to allow ostriches greater than 36 inches in 
height or 30 pounds in weight to be imported into the United States 
from any country through the port of New York, NY, or through Stewart 
Airport, Newburgh, NY, and be quarantined at the New York Animal Import 
Center (NYAIC), based on space availability. As a result of our 
experience enforcing the regulations, we believe the NYAIC now has the 
facilities and trained personnel to handle adult ostriches. 
Additionally, if an ostrich greater than 36 inches in height or 30 
pounds in weight were imported into the United States from Canada 
without requiring quarantine, in accordance with the requirements 
proposed in this document, then that adult ostrich would be permitted 
entry into the United States through any of the ports proposed for the 
importation of Canadian ratites.

Miscellaneous

    We are proposing to make a correction to Sec. 92.103(a)(1) to 
remove a reference to Sec. 92.214. When part 92 was divided into seven 
subparts in 1990, some references within paragraphs no longer applied. 
We corrected most of these references, but we inadvertently overlooked 
the reference to Sec. 92.214 in Sec. 92.103(a)(1). Section 92.103(a)(1) 
provides import permit requirements and exceptions to those 
requirements for birds; whereas Sec. 92.214 explains import permit 
requirements for poultry. Therefore, we are proposing to remove the 
reference to Sec. 92.214 from Sec. 92.103(a)(1).
    We are also proposing to make minor editorial changes for clarity 
and consistency, and we are proposing to amend Secs. 92.103 and 92.104 
by adding a reference to the end of each section for the Office of 
Management and Budget control number assigned to approved information 
collection and recordkeeping requirements.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This 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 proposed rule would relieve some restrictions on the 
importation into the United States of ratites and hatching eggs of 
ratites from Canada and on the importation into the United States of 
adult ostriches. We anticipate that this proposed rule would affect 
only the ostrich industry because very few ratites other than ostriches 
have been imported into the United States since first being allowed in 
1986.
    Ostrich production in the United States has been growing rapidly 
over the last few years. According to a recent estimate, there are 
approximately 6,000 to 7,000 ostrich owners and more than 70,000 
breeding ostriches in the United States. Each farm owns an average of 8 
to 10 adult ostriches, but each farm's holdings can range anywhere from 
2 to 200 adult ostriches. All of these farms are considered small 
entities by Small Business Administration standards (annual gross 
receipts of less than $500,000). The American Ostrich Association 
reports its membership at 3,650 as of September 1995.
    Over the last 2 to 3 years, the supply of ostriches in the United 
States has steadily increased, which has greatly reduced domestic 
prices. For example, in 1992, market prices for ostriches of different 
ages ranged as follows: 3-month-old chicks sold for approximately 
$6,000 a pair; 6-month-old chicks sold for $8,000 to $15,000 a pair; 
yearlings sold for $12,000 to $25,000 a pair; 2-year-olds sold for 
$25,000 to $40,000 a pair; and adults (breeding pairs) sold for $40,000 
up to $100,000 a pair, depending upon proven breeding capabilities. 
Recent market prices for ostriches of different ages show a dramatic 
decrease from the market prices of 1992; estimates of 1995 market 
prices for ostriches of different ages are as follows: 3-month-old 
chicks sell for approximately $1,300 a pair; 6-month-old chicks sell 
for approximately $2,150 a pair; yearlings sell for approximately 
$4,300 a pair; 2-year-olds sell for approximately $8,600 a pair; and 
adults (breeding pairs) sell for approximately $14,700 a pair, 
depending upon proven breeding capabilities. Further, when compared to 
the market prices listed above for 1995, the estimated market prices 
for the first quarter of 1996 show approximately a fifty percent 
decrease in the market prices for ostriches in all age categories.
    No live ratites have been imported into the United States from any 
country since April of 1994. Removing the quarantine and other 
requirements for Canadian ratites and their hatching eggs could 
encourage imports by decreasing the cost of importing these ratites and 
hatching eggs. However, because of the decrease in market prices 
described above, we do not expect a heavy volume of ostriches or other 
ratites from Canada to be imported into the United States as a result 
of this rule.
    In addition, though the hatching eggs of ratites are more readily 
available, are cheaper to transport, and can be quarantined at private 
facilities, historically only about 26 percent of the imported eggs 
(this includes fertile and infertile eggs) have hatched chicks that 
survived beyond 30 days. Despite being a financially dangerous option, 
importers continue to import hatching eggs and are trying to improve 
their rate

[[Page 27800]]

of hatch and chick survival. However, because of the relatively low 
hatch and survival rate and the reduced market prices of ostriches of 
different ages, we do not expect a heavy volume of the hatching eggs of 
ratites from Canada to be imported into the United States as a result 
of this rule.
    Any imports from Canada that might result from this rule could 
cause a further decline in the domestic prices of ratites in the United 
States. However, we expect that domestic ratite importers would benefit 
by having fewer restrictions on Canadian imports. Over the short term, 
the proposed changes in the regulations might have a minor adverse 
economic impact on domestic ostrich producers. Over the long term, we 
expect the domestic ratite industry to benefit from any imports that 
may occur because reduced ostrich prices could lead to larger domestic 
populations of ostriches, benefiting consumers of ostriches and ostrich 
products. A larger domestic ratite population could further enhance the 
economic viability of commercial ratite breeding, slaughter, feather, 
and leather markets.
    We expect that the economic effect of allowing the importation of 
adult ostriches from all countries into the United States through the 
New York Animal Import Center would be insignificant because of the 
drastic decrease in the market prices of ostriches.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 92

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

    Accordingly, 9 CFR part 92 would be amended as follows:

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

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

    Authority: 7 U.S.C. 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 92.101 would be amended as follows:
    a. By removing paragraph (b)(3)(ii).
    b. By redesignating paragraphs as follows:

------------------------------------------------------------------------
              Old designation                      New designation      
------------------------------------------------------------------------
(b)(3)(i).................................  (b)(3).                     
(b)(3)(i)(A)..............................  (b)(3)(i).                  
(b)(3)(i)(B)..............................  (b)(3)(ii).                 
(b)(3)(i)(C)..............................  (b)(3)(iii).                
(b)(3)(i)(D)..............................  (b)(3)(iv).                 
(b)(3)(i)(D)(1)...........................  (b)(3)(iv)(A).              
(b)(3)(i)(D)(2)...........................  (b)(3)(iv)(B).              
(b)(3)(i)(D)(3)...........................  (b)(3)(iv)(C).              
(b)(3)(i)(E)..............................  (b)(3)(v).                  
(b)(3)(i)(F)..............................  (b)(3)(vi).                 
(b)(3)(i)(G)..............................  (b)(3)(vii).                
(b)(3)(i)(H)..............................  (b)(3)(viii).               
(b)(3)(i)(I)..............................  (b)(3)(ix).                 
(b)(3)(i)(J)..............................  (b)(3)(x).                  
(b)(3)(i)(K)..............................  (b)(3)(xi).                 
(b)(3)(i)(L)..............................  (b)(3)(xii).                
------------------------------------------------------------------------

    c. By revising newly redesignated paragraph (b)(3) introductory 
text, to read as set forth below.
    d. In newly designated paragraph (b)(3)(vi), by removing the 
reference ``(b)(3)(i)(D)'' and adding ``(b)(3)(iv)'' in its place.
    e. In newly designated paragraph (b)(3)(vii), by removing the 
reference ``(b)(3)(i)(B)'' and adding ``(b)(3)(ii)'' in its place, and 
by removing the reference ``(b)(3)(i)(C)'' and adding ``(b)(3)(iii)'' 
in its place.
    f. In newly designated paragraph (b)(3)(x), the first sentence, by 
removing the reference ``(b)(3)(i)(B)'' and adding ``(b)(3)(ii)'' in 
its place, and by removing the reference ``(b)(3)(i)(C)'' and adding 
``(b)(3)(iii)'' in its place.
    g. In newly designated paragraph (b)(3)(x), the fourth sentence, by 
removing the reference ``(b)(3)(i)(E)'' and adding ``(b)(3)(v)'' in its 
place.


Sec. 92.101  General prohibitions; exceptions.

* * * * *
    (b) * * *
    (3) Except for ratites imported as zoological birds, and ratites 
and ratite hatching eggs imported from Canada in accordance with 
Sec. 92.107, ratites and hatching eggs of ratites may not be imported 
into the United States unless the following conditions are met:
* * * * *


Sec. 92.102  [Amended]

    3. Section 92.102(c) would be amended by removing the reference 
``Sec. 92.105(a)'' and adding ``Sec. 92.105'' in its place.
    4. Section 92.103 would be amended as follows:
    a. In paragraph (a)(1), the first sentence, by removing the 
reference ``92.214'' and adding ``92.107(b)'' in its place.
    b. By revising paragraphs (a)(1)(xiii), (a)(2)(iii), and (a)(2)(iv) 
to read as set forth below.
    c. In paragraph (a)(2)(v), by removing ``Sec. 92.101 (b)(3)(i)(G) 
and (b)(3)(i)(J)'' and adding ``Sec. 92.101 (b)(3)'' in its place; and 
by removing ``Sec. 92.101 (b)(3)(i)(B) and (b)(3)(i)(C)'' and adding 
``Sec. 92.101(b)(3)'' in its place.
    d. At the end of the section, by adding an OMB control number to 
read as set forth below.


Sec. 92.103  Import permits for birds; and reservation fees for spaces 
at quarantine facilities maintained by APHIS.

    (a) * * *
    (1) * * *
    (xiii) In addition, the application for a permit to import ratites 
or hatching eggs of ratites, except for ratites and hatching eggs of 
ratites imported from Canada in accordance with Sec. 92.107, shall 
specify the number of ratites or hatching eggs intended for 
importation, the size of the flock of origin, and the location of the 
premises where the flock of origin is kept; and shall state that, from 
the date of application through the date of export, APHIS 
representatives shall be granted access to the premises where the flock 
of origin is kept. (For ratites intended for importation as zoological 
birds, the flock of origin shall be the ratites intended for 
importation.)
    (2) * * *
    (iii) In addition, a permit to import ratites or hatching eggs of 
ratites, except for ratites or hatching eggs of ratites imported from 
Canada in accordance with Sec. 92.107, will be denied or withdrawn 
unless APHIS representatives are granted access to the premises where 
the flock of origin is kept (or, in the case of zoological birds, to 
the premises where the birds are kept), from the date of the 
application for the permit through the date of export;
    (iv) Except for ratites intended for importation as zoological 
birds and

[[Page 27801]]

ratites and hatching eggs of ratites imported from Canada in accordance 
with Sec. 92.107, a permit to import ratites or hatching eggs of 
ratites will be denied or withdrawn unless an APHIS representative has 
visited the premises where the flock of origin is kept within the 12-
month period before the intended importation and has determined that 
the flock is pen-raised and contains sufficient breeding pairs to 
produce the number of ratites or hatching eggs intended for 
importation.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0040)

    5. Section 92.104 would be amended as follows:
    a. By revising paragraphs (c)(2), (c)(8), (c)(13), (c)(14), 
(c)(15), (c)(16), (d)(2), (d)(9), (d)(10), and (d)(11) to read as set 
forth below.
    b. At the end of the section, by adding an OMB control number to 
read as set forth below.


Sec. 92.104  Certificates for pet birds, commercial birds, zoological 
birds, and research birds.

* * * * *
    (c) * * *
    (2) That, except when the certificate is for zoological birds or 
ratites imported from Canada in accordance with Sec. 92.107, the flock 
of origin is pen-raised and the ratites covered by the certificate were 
produced and maintained in that flock;
* * * * *
    (8) That, except as provided in Sec. 92.107 for ratites imported 
from Canada for immediate slaughter, the ratites were treated at least 
3 days but not more than 14 days before being loaded for shipment to 
the United States with a pesticide of a type and concentration 
sufficient to kill ectoparasites on the ratites;
* * * * *
    (13) That the number of ratites and hatching eggs of ratites 
exported from the flock of origin has not exceeded the ceiling required 
to be established under Sec. 92.101(b)(3)(ix);
    (14) That all the ratites and hatching eggs of ratites in the flock 
from which the ratites come were identified in accordance with 
Sec. 92.101(b)(3);
    (15) Except for ratites imported from Canada in accordance with 
Sec. 92.107, the number of ratite laying hens in the flock from which 
the ratites come;
    (16) For ratites required to be treated prior to shipment with a 
pesticide for ectoparasites, the certificate must also state the name, 
concentration, and date of administration of the pesticide used to 
treat the ratites;
* * * * *
    (d) * * *
    (2) That, except when the certificate is for hatching eggs of 
ratites imported from Canada in accordance with Sec. 92.107, the flock 
of origin is pen-raised, and the hatching eggs covered by the 
certificate were produced by that flock;
* * * * *
    (9) That the number of ratites and hatching eggs of ratites 
exported from the flock of origin has not exceeded the ceiling required 
to be established under Sec. 92.101(b)(3)(ix);
    (10) That all the ratites and hatching eggs of ratites in the flock 
from which the hatching eggs come were identified in accordance with 
Sec. 92.101(b)(3);
    (11) Except for hatching eggs of ratites imported from Canada in 
accordance with Sec. 92.107, the number of ratite laying hens in the 
flock from which the hatching eggs come.

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

    6. Section 92.105 would be amended as follows:
    a. In paragraph (a), by revising the first sentence to read as set 
forth below.
    b. In paragraph (c), by revising the introductory text and 
paragraph (c)(1) to read as set forth below.


Sec. 92.105  Inspection at the port of entry.

    (a) All commercial birds, zoological birds, and research birds, 
including hatching eggs of ratites, but excluding other ratites, 
imported into the United States, must be inspected by the port 
veterinarian at the Customs port of entry, which may be any 
international airport, or any land-border port within 20 miles of an 
international airport, serviced by Customs, as well as, for Canadian-
origin hatching eggs of ratites, ports listed in Sec. 92.107 (c). 
However, hatching eggs of ratites may be shipped, in bond, from the 
port of first arrival to the Customs port of entry at which they will 
be quarantined, for inspection, at that port.
* * * * *
    (c) Ratites, other than hatching eggs of ratites, imported from any 
part of the world must be inspected at the Customs port of entry by a 
veterinary inspector of APHIS and, except as provided in Sec. 92.107(b) 
for ratites imported from Canada, shall be permitted entry only at one 
of the following ports of entry:
    (1) Ostriches:
    (i) Up to 36 inches in height (as measured from the top of the head 
to the base of the feet) or 30 pounds in weight: New York, NY; Stewart 
Airport, Newburgh, NY; and Miami, FL.
    (ii) Exceeding 36 inches in height or 30 pounds in weight: New 
York, NY, and Stewart Airport, Newburgh, NY.
* * * * *


Sec. 92.106  [Amended]

    7. Section 92.106 would be amended as follows:
    a. In paragraph (b)(1), the first sentence, by adding the words ``, 
except as provided in Sec. 92.107,'' immediately following the words 
``any part of the world''.
    b. In paragraph (b)(2), the first sentence, by adding the words ``, 
except as provided in Sec. 92.107,'' immediately following the words 
``any part of the world''.
    8. Section 92.107 would be amended as follows:
    a. By adding the paragraph designation ``(a)'' immediately 
preceding the words ``In-bond shipments from Canada.''
    b. By adding new paragraphs (b) and (c) to read as follows:


Sec. 92.107  Special provisions.

* * * * *
    (b) Ratites from Canada. Ratites that were hatched and raised in 
Canada or ratites that were legally imported into Canada and, upon 
arrival in Canada, were quarantined for a minimum of 28 days at a 
Canadian quarantine facility and remained in Canada for an additional 
60 days following completion of quarantine may be imported into the 
United States:
    (1) Without being quarantined upon arrival in the United States; 
and
    (2) At any of the following ports of entry: Anchorage, AK; 
Fairbanks, AK; Los Angeles, CA; San Diego, CA; Denver, CO; 
Jacksonville, FL; Miami, FL; Port Canaveral, FL; St.Petersburg-
Clearwater, FL; Tampa, FL; Atlanta, GA; Honolulu, HI; Eastport, ID; 
Chicago, IL; New Orleans, LA; Boston, MA; Baltimore, MD; Houlton, ME; 
Jackman, ME; Portland, ME; Detroit, MI; Port Huron, MI; Sault Ste. 
Marie, MI; Minneapolis, MN; Great Falls, MT; Opheim, MT; Raymond, MT; 
Sweetgrass, MT; Alexandria Bay, NY; Buffalo, NY; Champlain, NY; New 
York, NY; Stewart Airport, Newburgh, NY; Dunseith, ND; Pembina, ND; 
Portal, ND; Portland, OR; San Juan, PR; Galveston, TX; Houston, TX; 
Highgate Springs, VT; Blaine, WA; Lynden, WA; Oroville, WA; Seattle, 
WA; Spokane, WA; Sumas, WA; and Tacoma, WA; and
    (3) If offered for entry at a Canadian land border port listed in 
Sec. 92.203(b), without an import permit; and
    (4) If consigned directly to slaughter from the port of entry, 
without being treated for ectoparasites within 3 to 14

[[Page 27802]]

days before shipment to the United States, as otherwise required by 
Sec. 92.104(c)(8).
    (c) Ratite eggs from Canada. Hatching eggs of ratites that were 
laid in Canada may be imported into the United States:
    (1) Without being quarantined upon arrival in the United States; 
and
    (2) At any of the ports of entry listed in paragraph (b)(2) of this 
section or authorized by Sec. 92.105(a); and
    (3) If offered for entry at a Canadian land border port listed in 
Sec. 92.203(b), without an import permit.

    Done in Washington, DC, this 28th day of May 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-13810 Filed 5-31-96; 8:45 am]
BILLING CODE 3410-34-P