[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31391-31392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15759]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 94-132-2]


Screening at Privately Owned Bird Quarantine Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations that apply to privately owned 
quarantine facilities for imported birds to provide for the use of 
nylon screening and to clarify the meaning of ``double screened.'' 
These amendments will give facility operators a choice of screening 
materials and clarify the regulations.

EFFECTIVE DATE: July 22, 1996.

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

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92.100 through 92.107, ``Subpart 
ABirds'' (referred to below as ``the regulations''), govern the 
importation of certain birds to prevent the introduction of 
communicable diseases of livestock and poultry. As a condition of 
importation, all imported birds must be quarantined for a minimum of 30 
days upon their arrival in the United States. Under 
Sec. 92.101(c)(2)(ii), certain personal pet birds may remain in the 
owner's possession during the 30-day quarantine if kept separate from 
other birds. In all other cases, imported birds must be quarantined in 
either a U.S. Department of Agriculture quarantine facility or in a 
privately owned quarantine facility that meets standards set forth in 
Sec. 92.106(c).
    The standards for privately owned quarantine facilities for 
imported birds include installation of screening over all openings to 
the outside to prevent the entry of rodents and insects, which could 
transmit disease. The regulations require that all screening be metal 
and that all openings to the outside be double-screened (see 
Sec. 92.106(c)(2)(ii)(A)).
    On March 12, 1996, we published in the Federal Register (61 FR 
9957-9958, Docket No. 94-132-1) a proposal to amend the regulations by 
providing for the use of nylon screening and by clarifying the meaning 
of the term ``double screened.''

[[Page 31392]]

    We solicited comments concerning our proposal for 60 days ending 
May 13, 1996. We did not receive any comments. The facts presented in 
the proposed rule still provide the basis for this final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

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 the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    Our economic analysis indicates that the amendments will have 
little economic impact on privately owned bird quarantine facilities. 
Metal and nylon mesh are comparably priced. In addition, the rule adds 
nylon mesh as a screening option; it does not require quarantine 
facilities to be re-screened. We anticipate that the clarification 
concerning double screening will have no effect on facilities.
    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 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This 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

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

List of Subjects in 9 CFR Part 92

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

    Accordingly, 9 CFR part 92 is 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. 1662; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

    2. In Sec. 92.106, paragraphs (c)(2)(ii)(A) and (c)(2)(ii)(P)(1) 
are revised to read as follows:

Sec. 92.106 Quarantine requirements.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (A) Be constructed only with material that can withstand continued 
cleaning and disinfection. All solid walls, floors, and ceilings must 
be constructed of impervious material. All openings to the outside must 
be double-screened, with an interior screen of metal or nylon mesh that 
is impervious to biting insects such as gnats or mosquitos, and an 
exterior metal screen that is rodent-proof and is made of wire, such as 
rabbit wire, hardware cloth, or smooth welded wire, with mesh size no 
larger than 1 inch x 1.5 inches (2.54 cm x 3.81 cm). The interior and 
exterior screens must be separated by at least 3 inches (7.62 cm);
* * * * *
    (P) * * *
    (1) Any of the exterior walls may be replaced by a double-screened 
wall set in a concrete or concrete-block curb. The double screening 
shall be of wire mesh or wire mesh and nylon mesh, as provided in 
paragraph (c)(2)(ii)(A) of this section, with the interior and exterior 
screens of the sun room wall separated by at least 3 inches (7.62 cm); 
the concrete or concrete block curb must be at least 12 inches high, 
impermeable to water, and able to prevent the escape of water, manure, 
and debris.
* * * * *
    Done in Washington, DC, this 14th day of June 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-15759 Filed 6-19-96; 8:45 am]
BILLING CODE 3410-34-P