[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Rules and Regulations]
[Pages 36816-36817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17917]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 91-101-2]


Goats Imported From Mexico for Immediate Slaughter; Horse 
Quarantine Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal importation regulations to clarify 
the quarantine requirements for horses imported into the United States. 
We are not taking final action in this document to remove the 
requirements for a health certificate for goats imported into the 
United States from Mexico for immediate slaughter.

EFFECTIVE DATE: August 14, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. David Vogt, Senior Staff 
Veterinarian, Import/Export Animals, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228, 
(301) 734-8170, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 govern the importation into the 
United

[[Page 36817]]

States of certain animals and poultry and certain animal and poultry 
products. Section 92.308 establishes requirements for the quarantine of 
certain horses imported into the United States. Section 
92.308(c)(2)(ii)(B), which contains the physical requirements for a 
quarantine facility, provides that ``Doors, windows, and other openings 
of the facility shall be provided with double screens which will 
prevent insects from entering the facility.'' However, the preceding 
paragraph, Sec. 92.308(c)(2)(ii)(A) states that ``All walls, floors and 
ceilings shall be constructed of solid impervious material or be 
screened as provided in paragraph (c)(2)(ii)(B) of this section.'' The 
last phrase of this sentence has led some readers to believe that 
walls, floors, and ceilings, of quarantine facilities could somehow be 
constructed of screening. However, our intention is that if a 
facility's solid and impervious walls, floor or ceiling have openings, 
they must be screened in accordance with Sec. 92.308(c)(2)(ii)(B).
    On March 1, 1994, we published in the Federal Register (59 FR 9679-
9681, Docket No. 91-101-1) a proposal to amend the regulations by 
removing the last phrase of the misleading sentence in 
Sec. 92.308(c)(2)(ii)(A) to make it read ``All walls, floors and 
ceilings shall be constructed of solid impervious material.''
    We also proposed, in the same Federal Register document, to amend 
the regulations in Secs. 92.428 and 92.429, concerning importation of 
goats by allowing goats from Mexico to be imported into the United 
States without a health certificate if the goats were imported for 
immediate slaughter.
    We solicited comments concerning our proposal for 60 days ending 
May 2, 1994. We received one comment addressing this proposed change to 
Sec. 92.308(c)(2)(ii)(A), and the comment was supportive.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the portion of the proposal that pertained to horse 
quarantine facilities as a final rule without change.
    We received three comments on this proposed change to Secs. 92.428 
and 92.429 by the close of the comment period. They were from a 
research organization, a State agricultural department, and a goat 
industry representative. One was supportive; the other two expressed 
concern that the goats could present a disease risk.
    The proposed provisions concerning goats are not adopted by this 
document. At this time, we are considering major revisions to the 
regulations for importing ruminants, including goats, and to the 
regulations for importing swine and products of ruminants and swine. 
Interested persons should see Docket No. 94-106-1 (61 FR 16978-17105), 
a proposed rule published for comment on April 18, 1996. The three 
comments received on the proposed change to Secs. 92.428 and 92.429 
will be considered in conjunction with that rulemaking.

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.
    This rule is making a minor change for clarity in our regulations 
concerning horses subject to quarantine after importation into the 
United States. Since this rule change is only a clarification, there 
will be no economic impact on any large or small entities.
    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 in conflict 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 new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    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. 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).


Sec. 92.308  [Amended]

    2. In Sec. 92.308, paragraph (c)(2)(ii)(A) is amended by removing 
the phrase ``or be screened as provided in paragraph (c)(2)(ii)(B) of 
this section''.

    Done in Washington, DC, this 9th day of July 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-17917 Filed 7-12-96; 8:45 am]
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