[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68123-68127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32898]



[[Page 68123]]

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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-044-2]


The Importation of Ratites and Hatching Eggs of Ratites

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 
actions can be taken without increasing the risk of introducing poultry 
or livestock diseases into the United States. Additionally, we are 
allowing 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 making 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 amendments will 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.

EFFECTIVE DATE: January 27, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior 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 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.
    On June 3, 1996, we published in the Federal Register (61 FR 27797-
27802, Docket No. 95-044-1) a proposal to amend the regulations by 
exempting certain ratites and hatching eggs of ratites from Canada from 
quarantine requirements upon arrival in the United States; exempting 
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; exempting Canadian ratite flocks from the 
pen-raised requirement and the identification and recordkeeping 
requirements in Sec. 92.101(b)(3); allowing ratites from Canada that 
are exempt from quarantine upon arrival to be offered for importation 
at a number of ports, in addition to the ports listed in 
Sec. 92.105(c); exempting 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); and allowing 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

[[Page 68124]]

York, NY, or through Stewart Airport, Newburgh, NY, and be quarantined 
at the New York Animal Import Center (NYAIC), based on space 
availability.
    We solicited comments concerning our proposal for 60 days ending 
August 2, 1996. We received two comments, one from a government agency 
and the other from a representative of industry, by that date. The 
concerns of these commenters are discussed below by topic.

Ports of Entry

    One commenter explained that under the regulations of the U.S. Fish 
and Wildlife Service, Department of the Interior, wildlife may only be 
imported into the United States through certain ports. Because the U.S. 
Fish and Wildlife Service includes ratites in their definition of 
wildlife, ratites may therefore only be imported into the United States 
through these specific ports. The commenter explained that certain 
ports that we proposed as additional ports for the entry of Canadian 
ratites and hatching eggs of ratites conflict with the ports listed as 
eligible ports for wildlife in the U.S. Fish and Wildlife Service 
regulations. Specifically, conflicts arise because the U.S. Fish and 
Wildlife Service limits the importation of species protected under the 
Convention on International Trade in Endangered Species, the Endangered 
Species Act, or other Federal wildlife laws requiring permits to 
certain ports and because the U.S. Fish and Wildlife Service does not 
allow the importation of wildlife through several of the ports that we 
had proposed as additional ports for the importation of Canadian 
ratites and hatching eggs of ratites.
    In response to this comment, we are removing the ports of 
Jacksonville, FL; Port Canaveral, FL; St. Petersburg-Clearwater, FL; 
Portland, ME; Great Falls, MT; Opheim, MT; Alexandria Bay, NY; 
Galveston, TX; Lyndon, WA; Oroville, WA; Spokane, WA; and Tacoma, WA, 
from the list of ports through which Canadian ratites and their 
hatching eggs may enter the United States. We are also adding to the 
regulations a statement, which currently appears on the import permit 
issued by APHIS for ratites and their hatching eggs, that Canadian 
ratites and their hatching eggs intended for importation into the 
United States must meet all applicable requirements of the United 
States Fish and Wildlife Service contained in Title 50, subchapter B, 
of the Code of Federal Regulations.

Ratite References

    One commenter suggested that throughout the proposal, we 
consistently use the general term ``ratites,'' rather than specify 
members of the ratite family such as ``ostriches.'' Alternatively, the 
commenter requested that where specific members of the ratite family 
are named, then each member, such as ``emus,'' ``rheas,'' and 
``kiwis,'' should also be listed.
    Where appropriate, we used the general reference ``ratite'' in the 
proposal. The term ``ratites'' is defined in the regulations as 
``cassowaries, emus, kiwis, ostriches, and rheas.'' When we used the 
specific term ``ostrich,'' as in the proposal 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, based on space availability, we intended 
to specify ostriches only. Therefore, we are making no changes to the 
rule based on this comment.

Ratite Meat and Byproducts

    One commenter asked that we also relieve restrictions on ratite 
meat and ratite byproducts, such as ratite hides and all ratite eggs, 
from Canada.
    Currently, the regulations in 9 CFR 94.6 restrict the entry of 
carcasses, or parts or products of carcasses, and eggs (other than 
hatching eggs) of poultry, game birds, or other birds from countries 
where exotic Newcastle disease (END) or S. enteritidis, phage type 4, 
is considered to exist. Canada is considered free of both END and S. 
enteritidis, phage type 4; therefore, the importation of ratite 
carcasses, or parts or products of ratite carcasses, and ratite eggs 
(other than hatching eggs) from Canada are not restricted under APHIS 
regulations.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 rule relieves 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 rule will 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

[[Page 68125]]

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 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 will 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 will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, 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 new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

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 is amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    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. 92.101  [Amended]

    2. Section 92.101 is amended as follows:
    a. By removing paragraph (b)(3)(ii).
    b. By redesignating paragraphs as follows:

------------------------------------------------------------------------
              Old designation                      New designation      
------------------------------------------------------------------------
(b)(3)(i) introductory text...............  (b)(3) introductory text.   
(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 the introductory text of newly redesignated 
paragraph (b)(3) 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) is amended by removing the reference 
``Sec. 92.105(a)'' and adding ``Sec. 92.105'' in its place.
    4. Section 92.103 is 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 space 
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) * * *

[[Page 68126]]

    (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 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 is 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 is amended as follows:
    a. By revising paragraph (a) 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 is 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 is 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; Miami, FL; 
Tampa, FL; Atlanta, GA; Honolulu, HI; Eastport, ID; Chicago, IL; New 
Orleans, LA; Boston, MA; Baltimore, MD; Houlton, ME; Jackman, ME; 
Detroit, MI; Port Huron, MI; Sault Ste. Marie, MI; Minneapolis, MN; 
Raymond, MT; Sweetgrass, MT; Buffalo, NY; Champlain, NY; New York, NY; 
Stewart Airport, Newburgh, NY; Dunseith, ND; Pembina, ND; Portal, ND; 
Portland, OR; San Juan, PR; Houston,

[[Page 68127]]

TX; Highgate Springs, VT; Blaine, WA; Seattle, WA; and Sumas, 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 days before 
shipment to the United States, as otherwise required by 
Sec. 92.104(c)(8); and
    (5) If in compliance with all of the applicable regulations of the 
U.S. Fish and Wildlife Service contained in Title 50, subchapter B, of 
the Code of Federal Regulations.
    (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; and
    (4) If in compliance with all of the applicable regulations of the 
U.S. Fish and Wildlife Service contained in Title 50, subchapter B, of 
the Code of Federal Regulations.

    Done in Washington, DC, this 19th day of December 1996.
A. Strating,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-32898 Filed 12-26-96; 8:45 am]
BILLING CODE 3410-34-P