[Federal Register Volume 68, Number 167 (Thursday, August 28, 2003)]
[Proposed Rules]
[Pages 51716-51734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21857]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-022-1]


Standards for Privately Owned Quarantine Facilities for Ruminants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations for the importation 
of ruminants into the United States to establish standards for 
privately owned quarantine facilities. The regulations authorize the 
establishment of privately operated quarantine facilities for 
ruminants, which are subject to approval and oversight by the Animal 
and Plant Health Inspection Service. However, the regulations do not 
provide specific standards for the approval, operation, and oversight 
of such facilities, with the exception of privately operated quarantine 
facilities for sheep or goats. Based on recent interest in establishing 
such facilities for cattle, we are proposing standards for privately 
owned quarantine facilities covering all ruminants to ensure public 
participation in their development and to ensure that any facilities 
that may be approved for this purpose operate in a manner that protects 
the health of the U.S. livestock population.

DATES: We will consider all comments that we receive on or before 
October 27, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 00-022-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 00-022-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
00-022-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Arnaldo Vaquer, Senior Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, USDA, 
4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-3277.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 govern the importation into the 
United States of specified animals and animal products in order to help 
prevent the introduction of various animal diseases into the United 
States. The regulations in part 93 require, among other things, that 
certain animals, as a condition of entry, be quarantined upon arrival 
in the United States. The Animal and Plant Health Inspection Service 
(APHIS) of the U.S. Department of Agriculture operates animal 
quarantine facilities. We also authorize the use of quarantine 
facilities that are privately owned and operated for certain animal 
importations.
    The regulations at subpart D of part 93 (9 CFR 93.400 through 
93.435, and referred to below as the regulations) pertain to the 
importation of ruminants. Ruminants include all animals that chew the 
cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, 
llamas, and giraffes. Section 93.411 requires that ruminants imported 
into the United States be quarantined upon arrival for at least 30 
days, with certain exceptions. Ruminants from Canada and Mexico are not 
subject to this quarantine requirement.
    In Sec.  93.412, paragraph (a) authorizes the establishment of 
privately operated quarantine facilities, subject to APHIS approval and 
oversight. Paragraph (a) provides, in part, that the ``quarantine 
facility must be suitable for the quarantine of such ruminants and must 
be approved by the Administrator prior to the issuance of any import 
permit.'' This paragraph also provides that APHIS will ``supervise the 
quarantine'' at such facilities.
    Section 93.434 of the regulations contains standards for approval, 
operation, and APHIS oversight of privately operated quarantine 
facilities

[[Page 51717]]

for sheep or goats. The standards covering quarantine facilities for 
sheep or goats were first implemented in 1988 (53 FR 21794-21809, 
Docket No. 88-057, published June 10, 1988), based on considerable 
interest at that time in importing large numbers of sheep into the 
United States from New Zealand. Since then, privately operated 
quarantine facilities have been used from time to time for the 
importation of sheep and goats into the United States.
    APHIS has recently received requests from livestock importers who 
wish to import cattle into the United States through private quarantine 
facilities. Because there are no approved privately operated quarantine 
facilities for cattle in operation at the present time, imported cattle 
subject to quarantine must enter the United States through facilities 
maintained by APHIS.
    Given the interest in establishing private quarantine facilities 
for cattle, we are proposing specific standards for the approval, 
operation, and APHIS oversight of such facilities. The requirements 
contained in this proposed rule are designed to ensure that the health 
of the U.S. livestock population is not jeopardized by the release of 
unhealthy animals or communicable disease agents from quarantine 
facilities. We would refer to these facilities as ``privately owned'' 
instead of ``privately operated'' to underscore that these facilities 
are privately owned, operated, and financed, but subject to APHIS 
approval and oversight.
    For purposes of consistency, we are proposing that these standards 
apply not only to privately owned quarantine facilities for imported 
cattle, but also to privately owned facilities that wish to handle 
other imported ruminants. Therefore, we would remove from our 
regulations the existing standards applicable to privately operated 
quarantine facilities for sheep or goats.
    In this time of shrinking Federal resources, we believe that it is 
appropriate to allow the establishment of privately owned quarantine 
facilities for ruminants so long as inspection and other activities 
related to the quarantine are subject to APHIS oversight and direction. 
We further believe that these facilities, if carefully regulated and 
monitored by APHIS, would provide an effective and efficient means of 
bringing ruminants into the United States without compromising our 
ability to protect against the introduction of communicable animal 
diseases. The full text of the proposed regulations appears in the rule 
portion of this document. Our discussion of the proposed provisions 
follows.

Definitions

    We are proposing to add to Sec.  93.400 definitions for the terms 
area veterinarian in charge (AVIC), Federal veterinarian, lot, lot-
holding area, nonquarantine area, Office International des Epizooties 
(OIE), operator, privately owned medium security quarantine facility 
(medium security facility), privately owned minimum security quarantine 
facility (minimum security facility), quarantine area, State 
veterinarian, and temporary inspection facility. We also would make 
several minor technical changes to the definitions of immediate 
slaughter and recognized slaughtering establishment.
    The area veterinarian in charge (AVIC) would refer to the 
veterinary official of APHIS who is assigned by the Administrator to 
supervise and perform the official animal health work of APHIS in a 
particular State.
    A Federal veterinarian would be defined as a veterinarian employed 
and authorized by the Federal Government to perform the tasks required 
by the regulations.
    The term lot would be defined as a group of ruminants that, while 
held on a conveyance or premises, has opportunity for physical contact 
with each other or with each other's excrement or discharges at any 
time between arrival at the quarantine facility and 60 days prior to 
export to the United States. A lot-holding area would describe that 
area in a privately owned medium or minimum security quarantine 
facility in which a single lot of ruminants is held at one time.
    The nonquarantine area would refer to that area of a privately 
owned medium or minimum security quarantine facility that includes 
offices, storage areas, and other areas outside the quarantine area, 
and that is off limits to ruminants, samples taken from ruminants, and 
any other objects or substances that have been in the quarantine area 
during the quarantine of ruminants.
    The Office International des Epizooties (OIE) would refer to the 
international organization recognized by the World Trade Organization 
for setting animal health standards, reporting global animal situations 
and disease status, and presenting guidelines and recommendations on 
sanitary measures related to animal health.
    We would define an operator as a person other than the Federal 
Government who owns or operates, subject to APHIS' approval and 
oversight, a privately owned medium or minimum security quarantine 
facility.
    A privately owned medium security quarantine facility (medium 
security facility) would refer to a facility that:
    [sbull] Is owned, operated, and financed by a person other than the 
Federal Government;
    [sbull] Is subject to the strict oversight of APHIS 
representatives;
    [sbull] Is constructed, operated, and maintained in accordance with 
the requirements for medium security facilities in Sec.  93.412(d); and
    [sbull] Provides the necessary level of quarantine services for the 
holding of ruminants in an indoor, vector-proof environment prior to 
the animals' entry into the United States. Quarantine services must 
include testing or observation for any OIE list A diseases and other 
livestock diseases exotic to the United States, as well as any other 
diseases, as necessary, to be determined by the Administrator.
    A privately owned minimum security quarantine facility (minimum 
security facility) would refer to a facility that:
    [sbull] Is owned, operated, and financed by a person other than the 
Federal Government;
    [sbull] Is subject to the strict oversight of APHIS 
representatives;
    [sbull] Is constructed, operated, and maintained in accordance with 
the requirements for minimum security facilities in Sec.  93.412(d);
    [sbull] Is used for the quarantine of ruminants that pose no 
significant risk, as determined by the Administrator, of introducing or 
transmitting to the U.S. livestock population any livestock disease 
that is biologically transmissible by vectors; and
    [sbull] Provides the necessary level of quarantine services for the 
outdoor holding of ruminants, prior to the animals' entry into the 
United States. Quarantine services must include testing or observation 
for any OIE list A diseases and other livestock diseases exotic to the 
United States, as well as any other diseases, as necessary, to be 
determined by the Administrator.
    The term quarantine area would refer to that area of a privately 
owned medium or minimum security quarantine facility that comprises all 
of the lot-holding areas in the facility and any other areas in the 
facility that ruminants have access to, including loading docks for 
receiving and releasing ruminants. The quarantine area also would 
include any areas in the facility that are used to conduct examinations 
of ruminants and take samples, as well as areas where samples are 
processed or examined.
    A State veterinarian would be defined as a veterinarian employed 
and authorized by a State or political

[[Page 51718]]

subdivision of a State to perform the tasks required by the 
regulations.
    The term temporary inspection facility would refer to a facility 
owned, operated, and financed by a person other than the Federal 
Government that is located within 1 mile of the port of entry and used 
for the inspection of ruminants imported into the United States in 
accordance with Sec.  93.408.
    We are also proposing to make several minor technical changes to 
the footnotes that accompany the existing definitions of immediate 
slaughter and recognized slaughtering establishment by providing 
additional information on how to find the names and addresses of the 
area veterinarian in charge in any State. We also would make a minor 
change to the definition of immediate slaughter for stylistic purposes.

Ports of Entry

    Section 93.403, paragraph (g), of the regulations provides that 
sheep to be quarantined at privately operated facilities may be entered 
into the United States at any air and ocean port designated for the 
importation of ruminants under Sec.  93.403(a), as well as any other 
international port or airport so designated by the U.S. Customs Service 
(now the Bureau of Customs and Border Protection, U.S. Department of 
Homeland Security). This provision appears in the regulations to ensure 
that sheep are imported into the United States only at those ports at 
which appropriate Federal personnel are available to provide necessary 
services.
    We are proposing to amend Sec.  93.403(g), including the paragraph 
heading, so that it applies to all ruminants, not just sheep, and so 
that it refers to ``privately owned quarantine facilities'' instead of 
``privately operated quarantine facilities,'' for consistency with the 
use of the term ``privately owned quarantine facilities'' in the 
proposed standards to appear in Sec.  93.412(d). These changes would 
clarify near what ports operators could potentially build a privately 
owned quarantine facility for imported ruminants.
    We would make several more technical changes to Sec.  93.403(g). 
First, for purposes of clarity, we would amend the phrase ``may be 
entered'' in Sec.  93.403(g) by substituting the word ``imported'' in 
place of ``entered.'' ``Imported'' means moved into the United States, 
whereas ``entered'' can mean released into the commerce of the United 
States, which does not occur until release from quarantine. We would 
change the reference to ``U.S. Customs Service'' to appear as ``Bureau 
of Customs and Border Protection.'' We also would remove the cross 
references to Sec.  93.433 and Sec.  93.434 that appear in Sec.  
93.403(g). Section 93.433 is currently reserved and contains no 
regulatory text. Section 93.434 provides the standards for the approval 
of privately operated quarantine facilities for sheep or goats. As 
mentioned previously, in proposing to establish quarantine standards 
applicable to ruminants, we would remove from our regulations the 
existing standards applicable to privately operated quarantine 
facilities for sheep or goats.

Import Permits

    Section 93.404 contains permit requirements for the importation of 
ruminants and ruminant test specimens for diagnostic purposes from 
certain regions. Paragraph (a)(1) specifies the information to be 
included in the application to APHIS for an import permit.
    In order that we receive sufficient notice of the importer's 
intention to utilize the services of a privately owned quarantine 
facility, we would amend Sec.  93.404(a)(1) to require that the permit 
application specify the name and address of the quarantine facility in 
cases where the ruminants are to be quarantined at a privately owned 
quarantine facility.

Privately Owned Quarantine Facilities

    Paragraph (a) of Sec.  93.412 authorizes the establishment of 
privately operated quarantine facilities, subject to APHIS approval and 
oversight. We are proposing to amend Sec.  93.412(a), including the 
paragraph heading, by removing references to the word ``operated'' as 
it is used in the terms ``privately operated quarantine facility'' or 
``privately operated quarantine facilities'' and substituting the word 
``owned'' in each instance. We also would amend Sec.  93.412(a) by 
substituting the word ``operator'' in place of ``importer or his or her 
agent,'' and substituting the words ``APHIS representative'or 
``overseeing APHIS representative'' in place of ``inspector assigned to 
supervise,'' for purposes of consistency with the new provisions in 
proposed Sec.  93.412(d). We also would make other minor technical 
changes, either to be consistent with proposed Sec.  93.412(d), or for 
stylistic purposes.
    Paragraph (c) of Sec.  93.412 provides that amounts collected from 
the importer, or his or her agent, for quarantine services furnished by 
APHIS shall be deposited so as to be available to defray such services 
as they are rendered. We would amend Sec.  93.412(c) and add a 
reference to ``operator'' alongside the current reference to importer, 
and also make a minor stylistic change. As a result, this provision 
would apply to operators of privately owned quarantine facilities under 
Sec.  93.412(a) and importers of ruminants who utilize the services of 
APHIS quarantine facilities under Sec.  93.412(b).

Standards for Privately Owned Quarantine Facilities for Ruminants

    We are proposing to add a new paragraph (d) to Sec.  93.412 that 
would set forth the standards for the establishment, operation, and 
maintenance of privately owned medium and minimum security quarantine 
facilities for ruminants imported into the United States. The risk of 
the spread of disease into, within, and from these facilities dictates 
that security, disease detection, and other prevention measures meet 
certain standards to ensure the biological security of approved 
facilities.
    We are proposing standards for two types of quarantine facilities: 
Privately owned medium security quarantine facilities (medium security 
facilities) and privately owned minimum security quarantine facilities 
(minimum security facilities). Medium security facilities would need to 
be built to hold ruminants in an indoor, vector-proof environment that 
protects the animals against the spread of livestock diseases that are 
biologically transmitted by vectors.
    A minimum security facility would allow for the outdoor holding of 
ruminants in quarantine. Unlike a medium security facility, the 
quarantine area of a minimum security facility would not have to be 
constructed to provide a vector-proof environment against livestock 
diseases that are transmissible by vectors. However, a minimum security 
facility could only accept imported animals that the Administrator 
determines pose no significant risk of harboring livestock diseases 
that are transmissible by vectors. The Administrator would make this 
determination on a case-by-case basis, taking into account such factors 
as the prevalence of diseases transmissible by vectors in the exporting 
country, and whether any steps have been taken in the exporting country 
to mitigate the disease risk (i.e., holding the animals in a vector 
free zone over a prescribed time period prior to shipment).
    Importers wishing to utilize the services of a privately owned 
quarantine facility would be required to state their intention on their 
application for a permit to import the ruminants. (See discussion under 
the heading ``Import Permits.'') We would determine whether the animals 
are eligible for importation

[[Page 51719]]

and the required level of quarantine security based on review of the 
application, as well as existing animal import regulations and any 
protocols that we have with the exporting country. For example, we view 
certain OIE list A diseases, such as rinderpest and foot-and-mouth 
disease, to be so serious that Sec.  93.404(a)(2) prohibits the 
importation of domestic ruminants from regions where those diseases are 
known to exist. The presence of certain other infectious diseases in 
the exporting region, such as diseases of the respiratory complex or 
vesicular diseases such as vesicular stomatitis, could necessitate that 
the imported ruminants be quarantined in a medium security facility in 
the absence of mitigating factors such as testing. The Administrator 
would have the discretion to order testing or observation for any OIE 
list A diseases and other livestock diseases exotic to the United 
States, as well as any other diseases, as necessary. The Administrator 
also would have the discretion to decide what type of quarantine 
facility (medium or minimum security facility) to use for a particular 
importation of ruminants, based on the ruminant species and the health 
conditions in the region or regions from which the ruminants would be 
exported.
    We are proposing that medium and minimum security facilities 
receive and hold imported ruminants as a ``lot'' on an ``all-in, all-
out'' basis. The standards we are proposing would allow for medium 
security facilities to accommodate more than one lot of ruminants at a 
time, provided certain requirements are met. The option of holding 
multiple lots of ruminants simultaneously would not be available for 
minimum security facilities. We would limit minimum security facilities 
to one lot for purposes of biosecurity since there would be little, if 
any, separation between lots of animals. Also, because of the 
potentially larger number of animals that can be accommodated as a 
single lot at a minimum security facility, it would not be prudent to 
put such a large number of animals at risk by allowing another lot of 
imported ruminants to use the facility at the same time.
    Proposed Sec.  93.412(d) would be organized by subparagraphs 
addressing the following: (1) APHIS approval of facilities; (2) 
compliance agreement; (3) physical plant requirements; (4) operating 
procedures; (5) environmental quality; (6) other laws; and (7) 
variances.

APHIS Approval of Facilities

    We would provide information in Sec.  93.412(d)(1) on how to obtain 
APHIS approval to operate a medium or minimum security facility, as 
well as the basis for denying or withdrawing such approval. As 
explained earlier, obtaining our approval to operate a medium or 
minimum security facility, as discussed in this proposed rule, would be 
separate from the import permit application process for specific animal 
shipments, which is covered in Sec.  93.404 and elsewhere in the 
regulations.

Approval Procedures

    Under proposed Sec.  93.412(d)(1)(i), interested persons would be 
required to make written application to the Administrator, c/o National 
Center for Import and Export, Veterinary Services, APHIS, 4700 River 
Road, Unit 38, Riverdale, MD 20737-1231. The application would need to 
include:
    [sbull] The full name and mailing address of the applicant;
    [sbull] The location and street address of the facility for which 
approval is sought;
    [sbull] Blueprints of the facility;
    [sbull] A description of the financial resources available for 
construction, operation, and maintenance of the facility;
    [sbull] Copies of all approved State permits for construction and 
operation of the facility (but not local building permits), as well as 
copies of all approved Federal, State, and local environmental permits;
    [sbull] The anticipated source(s) and origin(s) of ruminants to be 
quarantined, as well as the expected size and frequency of shipments; 
and
    [sbull] A contingency plan for the possible destruction and 
disposal of all ruminants capable of being held in the facility.
    The written application for facility approval would have to be 
submitted to APHIS at least 120 days prior to the date of application 
for local building permits in order to ensure that APHIS has adequate 
time to evaluate the plans for the facility, assess potential 
environmental effects, and determine that sufficient APHIS personnel 
are available to staff the facility.
    Requests for approval of a proposed facility would be evaluated on 
a first-come, first-served basis.
    If APHIS determines that an application is complete and merits 
further consideration, the person applying for facility approval would 
have to agree to pay the costs of all APHIS services associated with 
APHIS' evaluation of the application and facility. APHIS charges for 
evaluation services at hourly rates are listed in 9 CFR 130.30. If the 
facility is approved by APHIS, the operator would then enter into a 
compliance agreement, which is explained in more detail under the 
heading ``Compliance Agreement,'' under Sec.  93.412(d).
    Proposed Sec.  93.412(d)(1)(ii) would set out the criteria for 
APHIS approval. Before granting approval, we would have to find, based 
on our own environmental assessment, as well as any required Federal, 
State, and local environmental permits or evaluations issued by 
Federal, State, or local authorities, that the operation of the 
facility would not have significant environmental effects. The operator 
would have to secure the required permits or evaluations and provide 
copies to APHIS before we would consider granting approval to build and 
operate the facility. The facility would also have to comply with all 
requirements in Sec.  93.412(d). Approval would be subject to the 
facility meeting any additional conditions that the Administrator 
believes are necessary to ensure that adequate safeguards are in place 
to monitor the health status of the ruminants in quarantine and prevent 
the transmission of livestock diseases into, within, or from the 
facility. These additional conditions would be set forth in a 
compliance agreement required under Sec.  93.412(d)(2). The compliance 
agreement provides us with further assurances that the privately owned 
quarantine facility would be operated in accordance with the 
regulations. Finally, the Administrator would have to determine whether 
sufficient APHIS personnel (including one or more APHIS veterinarians 
and other animal health technicians) are available to provide 
continuous oversight and other technical services to ensure the 
biological security of the facility. In assigning APHIS personnel to a 
facility, long-term personnel plans and arrangements would need to be 
made, including the possible hiring of personnel or the transfer of 
existing personnel. The operator of the facility, not APHIS, would be 
responsible for hiring other attendants and workers for the care and 
handling of ruminants and for the maintenance, operation, and 
administration of the facility.
    If a facility meets all of these requirements, APHIS would approve 
the facility and assign personnel to it. The assignment of APHIS 
personnel would be handled on a first-come, first-served basis; 
therefore, the deployment of APHIS personnel at one facility could 
result in another facility not being staffed due to the lack of 
necessary

[[Page 51720]]

APHIS personnel. The Administrator would have sole discretion in 
determining the number of APHIS personnel to be assigned to a facility.
    Proposed Sec.  93.412(d)(1)(iii) would provide that the operator of 
a medium or minimum security facility, after receiving our approval, 
would have to continue to comply with all requirements of Sec.  
93.412(d), as well as the terms of the compliance agreement, in order 
for the facility to maintain its approved status.
    Proposed Sec.  93.412(d)(1)(iv) would cover the process for APHIS 
denying an initial application or withdrawing the approval of a medium 
or minimum security facility already in operation. Before we would deny 
or withdraw approval, we would first inform the operator, and include 
the reasons for our action. We would provide an opportunity for a 
hearing if there is a conflict as to any material fact regarding our 
action. The withdrawal of approval of an existing facility would become 
effective pending a final determination in the proceeding if the 
Administrator determines that such action is necessary to protect the 
public health, interest, or safety. Such withdrawal would take effect 
upon oral or written notification, whichever is earlier, to the 
operator of the facility. In the event of oral notification, we would 
also provide written confirmation to the operator as promptly as 
circumstances allow. The withdrawal of approval of a facility would 
continue in effect pending the completion of the proceeding and any 
judicial review, unless otherwise ordered by the Administrator.
    Under proposed Sec.  93.412(d)(1)(iv), we could deny an initial 
application or withdraw the approval of an existing facility for 
failure to comply with the requirements provided in Sec.  93.412(d), or 
with the terms of the compliance agreement, or for failure to comply 
with any other requirement under the Animal Health Protection Act (7 
U.S.C. 8301-8317) or the regulations thereunder. We would also withdraw 
approval if the operator notifies us that the facility has ceased 
operations, or, if the facility has not been used to quarantine 
ruminants for a period of at least 1 year. The operator's failure to 
remit outstanding charges for APHIS services at the facility would also 
be grounds for withdrawing approval. Finally, we could deny approval of 
an initial application, or withdraw the approval of an existing 
facility, if the operator or a person responsibly connected with the 
business of the facility is or has been convicted of a crime under any 
law regarding the importation or quarantine of any animal, or any crime 
involving fraud, bribery, extortion, or any other crime involving a 
lack of integrity needed for the conduct of operations affecting the 
importation of animals. A person is considered to be responsibly 
connected with the business of the facility if such person has an 
ownership, mortgage, or lease interest in the facility's physical 
plant, or if such person is a partner, officer, director, holder, or 
owner of 10 percent or more of its voting stock, or an employee in a 
managerial or executive capacity.

Compliance Agreement

    We are proposing that all medium and minimum security facilities 
operate in accordance with a compliance agreement required under Sec.  
93.412(d)(2). We would require that the compliance agreement be 
executed by the operator or other designated representative of the 
facility and by the Administrator before the facility could commence 
operations. The compliance agreement would signify the operator's 
commitment to follow our regulations, as well as underscore the 
operator's financial responsibilities with respect to building and 
operating a privately owned quarantine facility.
    Under the compliance agreement, the operator would be bound by 
Sec.  93.412(d) and subject to the strict oversight of APHIS 
representatives. The operator would agree to be responsible for the 
cost of building the facility, as well as any costs associated with its 
maintenance and operation. These costs would include all expenses 
associated with the hiring of personnel to attend to the ruminants and 
maintain and operate the facility; all expenses associated with the 
care of quarantined ruminants, such as feed, bedding, medicines, 
inspections, testing, laboratory procedures, and necropsy examinations; 
all costs associated with the death or destruction and disposition of 
quarantined ruminants; and all charges for the services of APHIS 
representatives at the facility, in accordance with Sec.  93.412 of the 
regulations and 9 CFR part 130.
    The compliance agreement would provide that the operator obtained, 
prior to execution of the agreement, a financial instrument (insurance 
or surety bond) approved by APHIS that financially guarantees the 
operator's ability to cover all costs and other financial liabilities 
and obligations of the facility. This includes financial liability 
coverage in the event of a worst case scenario in which all quarantined 
ruminants would have to be destroyed and disposed of because of an 
animal health emergency, as determined by the Administrator.
    The compliance agreement would also provide that, prior to 
commencing quarantine operations, the operator would deposit with the 
Administrator a certified check or U.S. money order to cover the 
estimated costs, as determined by the Administrator, of APHIS 
professional, technical, and support services at the facility over the 
duration of the quarantine. The compliance agreement would also provide 
that if the actual costs incurred by APHIS exceed the deposited amount, 
the operator would be liable for those additional costs, based on APHIS 
official accounting records. We would require the compliance agreement 
to specify that payment for our services received in connection with 
each lot of ruminants in quarantine must be made prior to the release 
of the ruminants. The operator would also be responsible for any other 
costs incurred by us with respect to the quarantine following the 
release of the ruminants, based on official records, within 14 days of 
receipt of the bill showing the balance due. Any unobligated funds 
deposited with us would be returned to the operator after the release 
of the lot of ruminants from the quarantine facility and termination or 
expiration of the compliance agreement, or, if requested, credited to 
the operator's account and applied towards payment of APHIS services at 
a future date. We would require that, prior to the entry of each 
subsequent lot of ruminants into the medium or minimum security 
facility, the operator execute a new compliance agreement with APHIS, 
as well as deposit a certified check or U.S. money order to cover our 
estimated costs over the duration of the quarantine for that lot of 
ruminants.

Physical Plant Requirements

    Proposed Sec.  93.412(d)(3) would set forth the standards for the 
physical plant at medium and minimum security facilities. These 
physical plant standards address issues related to location, 
construction, sanitation, and security. Any requirements that are 
applicable to only one type of facility would be clearly noted in the 
regulations. We would inspect a facility to ensure that these standards 
are met before imported ruminants could be admitted to the facility.

Location

    Proposed Sec.  93.412(d)(3)(i) would require that imported 
ruminants arrive at a port designated for the importation of ruminants 
under Sec.  93.403(g) (discussed earlier under ``Ports of Entry''). 
Proposed Sec.  93.412(d)(3)(i) also would require that a medium or

[[Page 51721]]

minimum security facility be located at a site approved by the 
Administrator and that the specific routes for the movement of 
ruminants from the port to the medium or minimum security facility be 
approved in advance by the Administrator. Approval would be based on a 
consideration of whether the site or routes would put animals in a 
position that could result in their transmitting communicable livestock 
diseases.
    We have decided for several reasons not to require that the port 
and the medium or minimum security facility be located within a certain 
distance of one another. Some ports will be in large metropolitan areas 
where the nearest concentrations of livestock are many miles away, 
while other ports may be in towns with rural areas where concentrations 
of livestock are within very short distances of the port. Considering 
the diversity of places in which persons may consider locating 
quarantine facilities, it would be difficult to stipulate a maximum 
distance from the port. Doing so could prove unjustified and burdensome 
for the importer in some circumstances or, in other circumstances, 
allow construction of a quarantine facility in a location that could 
prove inadequate in ensuring against the spread of disease into or from 
the quarantine facility.
    For medium security facilities only, the facility would have to be 
situated at least one-half mile from any premises holding livestock in 
order to prevent the possible transmission of diseases from ruminants 
in the facility to livestock outside the facility and vice versa. Our 
experience in operating indoor quarantine facilities for imported 
animals indicates that a distance of one-half mile is adequate to 
prevent the transmission of livestock diseases into and from a medium 
security facility. In the case of a minimum security facility (outdoor 
facility), the Administrator would establish the required minimum 
distance between the facility and other premises holding livestock on a 
case-by-case basis, taking into account such factors as possible 
diseases of concern and whether or not the facility is to be located in 
an agricultural region in proximity to other susceptible animals.
    All imported ruminants, upon arrival at the port of entry, are 
subject to inspection in accordance with Sec.  93.408 of the 
regulations. If the medium or minimum security facility is to be 
located more than 1 mile from a designated port, the operator would 
have to make arrangements for the imported ruminants to be held in a 
temporary inspection facility, which is within 1 mile of the port and 
approved by the Administrator, to allow for the inspection of the 
imported ruminants by a Federal or State veterinarian prior to the 
animals' movement to the quarantine facility. We would require that 
this inspection take place within 1 mile of the port so that in the 
event the ruminants are found to be infected with or exposed to a 
disease that precludes their entry, the lot of ruminants could be 
expeditiously re-exported, if necessary.
    The temporary inspection facility would have to provide adequate 
space for Federal or State veterinarians to conduct examinations and 
testing of the imported ruminants. The examination space of the 
temporary inspection facility would have to be equipped with 
appropriate animal restraining devices for the safe inspection of 
ruminants. The temporary inspection facility also could hold no more 
than one lot of animals at the same time.
    In seeking APHIS approval of the temporary inspection facility, the 
operator would have to provide APHIS with the following information: 
The location and street address, as well as blueprints or a description 
of the temporary inspection facility; a description of the financial 
resources available for its construction (if applicable), operation, 
and maintenance; copies of all approved State permits for construction 
and operation of the temporary inspection facility, as well as copies 
of all approved Federal, State, and local environmental permits; and 
the anticipated source(s) or origin(s), lot size, and frequency of 
shipments of imported ruminants to be handled at the facility. 
Following APHIS approval of the temporary inspection facility, the 
operator would also provide APHIS with a copy of the local building 
permit, when obtained.
    If the ruminants, upon inspection at the temporary inspection 
facility, are determined to be infected with or exposed to a disease 
that precludes their entry into the United States, the ruminants would 
be refused entry. Ruminants refused entry would remain the 
responsibility of the operator, but subject to further handling or 
disposition as directed by the Administrator in accordance with Sec.  
93.408.
    APHIS' approval to build and operate a medium or minimum security 
quarantine facility outside the 1-mile boundary of a designated port 
would be contingent upon APHIS' approval of a temporary inspection 
facility within 1 mile of the port of entry, as well as approval of the 
routes for the movement of ruminants from the port to the medium or 
minimum security facility.
    The operator or the operator's designated representative would have 
the opportunity to confirm with us that the location requirements for 
the facility would be satisfactory before moving ahead with any firm 
decisions about the site of the facility.

Construction

    Proposed Sec.  93.412(d)(3)(ii) would provide the basic 
construction and design standards for medium and minimum security 
facilities. We would require that each facility be of sound 
construction, good repair, and designed to prevent the escape of 
quarantined ruminants. The facility would have to provide adequate 
capacity to receive and hold ruminants as a ``lot'' on an ``all-in, 
all-out'' basis.
    We are proposing that medium and minimum security facilities must 
provide separate docks for animal receiving and releasing and for 
general receiving and pickup of supplies and materials such as feed, 
bedding, disinfectants, pesticides, and equipment. Alternatively, a 
single dock may be used for both purposes if the dock is cleaned and 
disinfected after each use with a disinfectant that is either 
authorized in 9 CFR part 71, Sec.  71.10(a)(5), or is otherwise 
approved by the Administrator. Paragraph (a)(5) of Sec.  71.10 
authorizes, for general use purposes, disinfectants that are registered 
under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
135 et seq.) with tuberculocidal claims.
    We are proposing that medium and minimum security facilities must 
be surrounded by double-security perimeter fencing separated by at 
least 30 feet and of sufficient height and design to prevent the entry 
of unauthorized persons and animals from outside the facility and to 
prevent the escape of ruminants in quarantine. The fence's height and 
design should take into consideration the species of wildlife in the 
surrounding area, as well as the impact of snowfall and other climatic 
changes. Double-security fencing would further ensure against possible 
contact between quarantined ruminants and animals outside the facility.
    Medium and minimum security facilities would have to provide pens, 
chutes, and other animal restraining devices, as appropriate, for 
inspection and identification of each animal, as well as for 
segregation, treatment, or both, of any ruminant exhibiting signs of 
illness. We also are proposing that the lot-holding areas in medium and 
minimum security facilities be of sufficient size to prevent 
overcrowding.

[[Page 51722]]

A medium security facility could hold more than one lot of ruminants at 
the same time so long as the lots are separated by physical barriers so 
that ruminants in one lot would not have physical contact with 
ruminants in another lot, or with their excrement or discharges. A 
minimum security facility could not hold more than one lot of animals 
at the same time. These measures would help prevent ruminants infected 
with or exposed to a disease from spreading it to other ruminants in 
the facility.
    Because of the need for APHIS representatives to examine ruminants 
and draw samples for testing, we would require that medium and minimum 
security facilities provide adequate space for such purposes, and that 
the space include appropriate animal restraining devices for the safe 
inspection of ruminants. The facility would have to provide sufficient 
storage space for necessary examination equipment and supplies, work 
space for preparing and packaging samples for mailing, and storage 
space for duplicate samples. The facility also would have to provide a 
secure, lockable office for APHIS use with enough room for a desk, 
chair, and filing cabinet.
    Medium and minimum security facilities would also have to provide 
sufficient storage space for equipment and supplies used in quarantine 
operations, including separate, secure storage areas for pesticides and 
for medical and other biological supplies, as well as a separate 
storage area for feed and bedding, if feed and bedding are to be stored 
at the facility.
    Medium and minimum security facilities would also have to include 
work areas for the repair of equipment and for cleaning and 
disinfecting equipment used in the facility.

Additional Construction Requirements for Medium Security Facilities

    Proposed Sec.  93.412(d)(3)(iii) would contain additional physical 
plant requirements that would apply to medium security facilities only. 
These additional requirements, which primarily relate to building 
design, windows and other openings, surfaces, and ventilation and 
climate control, would help ensure that a medium security facility is 
capable of providing an indoor environment for ruminants in quarantine 
that is free of vectors, biologically secure, and safe for the animals.
    A medium security facility would have to be constructed so that the 
quarantine area is located in a secure, self-contained building that 
includes appropriate control measures against the spread of livestock 
diseases biologically transmissible by vectors. All entryways into the 
nonquarantine area of the building would have to be equipped with a 
secure and lockable door. While ruminants are in quarantine, all access 
to the quarantine area would have to be from within the building. Each 
entryway to the quarantine area would have to be equipped with a solid, 
self-closing door. Separate access would have to be provided within the 
quarantine area to each lot-holding area so that it is not necessary to 
move through one lot-holding area to gain access to another lot-holding 
area. Entryways to each lot-holding area within the quarantine area 
would also have to be equipped with a solid lockable door. Emergency 
exits to the outside would be permitted in the quarantine area if 
required by local fire ordinances. Such emergency exits would have to 
be constructed so as to permit their opening from the inside of the 
facility only.
    We would require that all windows and other openings in the 
quarantine area of a medium security facility be double-screened with 
screening (separated by at least 3 inches or 7.62 centimeters) of 
sufficient gauge and mesh to prevent the entry or exit of insects and 
other vectors of livestock diseases, as well as provide ventilation 
sufficient to ensure the comfort and safety of all ruminants in the 
facility. All screening would have to be easily removable for cleaning, 
yet otherwise remain locked and secure at all times in a manner 
satisfactory to APHIS representatives in order to ensure the biological 
security of the facility.
    We would also require that the floor, wall, and ceiling surfaces in 
a medium security facility meet certain standards. The floor surfaces 
with which the ruminants have contact would have to be nonslip and 
wear-resistant. In addition, all floor surfaces with which the 
ruminants, their excrement, or discharges have contact would have to 
slope gradually to the center, where one or more drains of at least 8 
inches in diameter are located for adequate drainage, or alternatively, 
be of slatted or other floor design that allows for adequate drainage. 
We are also proposing that any floor and wall surfaces in a medium 
security facility with which the ruminants, their excrement, or 
discharges have contact would have to be impervious to moisture and be 
able to withstand frequent cleaning and disinfection without 
deterioration. Other ceiling and wall surfaces with which the 
ruminants, their excrement, or discharges do not have contact would 
have to be able to withstand cleaning and disinfection between 
shipments of ruminants. Since the animals would be housed in an 
enclosed building for the duration of the quarantine, the cleaning and 
disinfection of floor and wall surfaces would be necessary to help 
maintain the general health of the ruminants in quarantine, as well as 
reduce the risk of diseases spreading from one lot of ruminants to 
another. Finally, all floor and wall surfaces would also have to be 
free of sharp edges that could cause injury to ruminants.
    We would also require that a medium security facility be equipped 
with a heating, ventilation, and air conditioning (HVAC) system that 
would be capable of controlling and maintaining the ambient 
temperature, air quality, moisture, and odor at levels not injurious or 
harmful to the health of ruminants in quarantine. Air supplied to lot-
holding areas could not be recirculated or reused for other ventilation 
needs. The HVAC systems used for lot-holding areas would have to be 
separate from air handling systems for other operational and 
administrative areas of the facility. In addition, if a medium security 
facility is approved to handle more than one lot of ruminants at a 
time, each lot-holding area would have to be equipped with its own 
separate HVAC system in order to prevent cross-contamination between 
the separate lot-holding areas. Physical separation alone is not always 
an adequate safeguard against the transmission of diseases from one lot 
to another.
    Medium security facilities would have to be adequately illuminated. 
This would include lighting in the lot-holding areas, as well as other 
areas where animals would be inspected or examined. We would also 
require that a medium security facility, including the lot-holding 
areas, be equipped with a fire alarm and voice communication system so 
that personnel working in those areas can be readily warned of any 
potential emergency and vice versa. A medium security facility would 
also have to provide a television monitoring system or other 
arrangement sufficient to provide a full view of the lot-holding areas. 
In addition, we are proposing that a medium security facility would 
have to be equipped with a communication system between the 
nonquarantine and quarantine areas of the facility so that persons 
inside the quarantine area can readily communicate with persons 
elsewhere in the facility in cases of emergency without necessarily 
leaving the quarantine area, and vice versa.
    Each medium security facility would have to include an area that is 
of

[[Page 51723]]

sufficient size to perform necropsies on ruminants. We would require 
that the necropsy area have adequate lighting and be equipped with hot 
and cold running water, a drain, a cabinet for storing instruments, a 
refrigerator-freezer for storing specimens, and an autoclave to 
sterilize veterinary equipment. The necropsy area would be used to 
perform postmortem inspection of animals that die in the medium 
security facility and to collect samples for laboratory diagnosis. 
Having the capability to conduct necropsies at the facility would 
reduce the risk of diseases being transmitted to animals outside the 
facility.
    In addition to the storage requirements discussed previously, the 
feed storage areas of a medium security facility would have to be 
vermin-proof. Also, if the medium security facility has multiple lot-
holding areas, we would require that separate storage space for 
supplies and equipment be provided for each lot-holding area. This 
would help prevent equipment and supplies used on quarantined ruminants 
in one lot from coming in contact with ruminants in another lot or with 
the equipment or supplies used on those other ruminants. Such contact 
could cause the spread of diseases between lots of ruminants.
    Medium security facilities would have to provide adequate shower 
facilities for use by those individuals who have access to the 
quarantine area. In a medium security facility, there would have to be 
a shower at the entrance to the quarantine area. A shower also would 
have to be located at the entrance to the necropsy area. We would also 
require that a clothes-storage and clothes-changing area be located at 
each end of each shower area. In addition, there would have to be one 
or more receptacles near each shower so that clothing that has been 
worn into a lot-holding area or elsewhere in the quarantine area can be 
deposited in the receptacle(s) prior to entering the shower.
    Medium security facilities would have to provide permanent 
restrooms in both the nonquarantine and quarantine areas of the 
facility, and also provide an area for breaks and meals within the 
quarantine area. We would also require that medium security facilities 
provide a separate area for washing and drying clothes, linens, and 
towels used in the facility.

Sanitation

    Proposed Sec.  93.412(d)(3)(iv) would require that all medium and 
minimum security facilities meet certain sanitation standards as 
another safeguard against the transmission of livestock diseases into, 
within, or from the facility. Operators would have to have adequate 
equipment and supplies on hand to clean, disinfect, and maintain the 
facility and control pests. If more than one lot of ruminants is to be 
held in the facility at the same time (applies to medium security 
facilities only), then the facility would have to maintain separate 
equipment and supplies for carrying out such tasks in the different 
lot-holding areas. We would also require that the facility have a 
sufficient supply of potable water to meet the watering needs of the 
ruminants, as well as any cleaning needs at the facility. Water faucets 
for hoses would have to be located throughout the facility so that 
personnel would not have to drag hoses across areas that have already 
been cleaned and disinfected. We also would require that facilities 
maintain an emergency supply of water for the ruminants in quarantine, 
as well as a supply of disinfectant that is sufficient to disinfect the 
entire facility. Disinfectants would have to be authorized under 9 CFR 
part 71, Sec.  71.10(a)(5), or otherwise approved by the Administrator.
    Medium and minimum security facilities would have to be capable of 
disposing of wastes, including urine, manure, and used bedding, by 
means of burial, incineration, or public sewer. Other waste material 
would have to be handled in such a manner that would minimize spoilage 
and the attraction of pests and then disposed of by incineration, 
public sewer, or other preapproved manner that prevents the spread of 
disease. Waste disposal would have to be carried out under the direct 
oversight of APHIS representatives. Each facility would also have to be 
capable of disposing of ruminant carcasses in a manner approved by the 
Administrator and under conditions that would prevent the spread of 
disease from the carcasses.
    If incineration is to be carried out on the premises of a medium or 
minimum security facility, we are proposing that the incineration 
equipment would have to be detached from other facility structures and 
be capable of burning wastes as required. The incineration site would 
also have to provide an area sufficient for solid waste holding. 
Incineration also may occur at a local site away from the facility. All 
incineration activities would have to take place under the direct 
oversight of an APHIS representative.
    We are proposing that medium and minimum security facilities have 
the capability to adequately control surface drainage and effluent in 
order to prevent the spread of disease into, within, and from the 
facility. If a facility is approved to handle more than one lot of 
ruminants at the same time, we would require that separate drainage 
systems be provided for each lot-holding area in order to prevent 
cross-contamination. A facility's capability to adequately control 
surface drainage and effluent would depend on a number of factors 
including the water table, water pressure, angles at which the pipes 
are placed, number and location of drain openings, and the frequency in 
cleaning manure and other excreta from drains.

Security

    Under proposed Sec.  93.412(d)(3)(v), a medium or minimum security 
facility would ave to exercise certain security measures in order to 
prevent unauthorized persons, as well as animals, from coming in 
contact with quarantined ruminants. The facility and premises would 
have to be locked and secure at all times while the ruminants are in 
quarantine. In addition, the facility and premises would have to have 
posted signs indicating that the facility is a quarantine area and that 
no visitors are allowed. We would also require that the operator 
furnish us with one or more telephone numbers at which the operator or 
his or her agent can be reached at all times.
    This paragraph would state that APHIS may place seals on any or all 
entrances and exits of the facility, as necessary to ensure security, 
and to take all necessary steps to ensure that the seals are broken 
only in the presence of an APHIS representative. Should someone other 
than an APHIS representative break such seals, we would consider such 
action a breach in security and would carry out an immediate accounting 
of all ruminants in the facility. If a breach of security occurs, we 
could extend the quarantine period as long as necessary to determine 
that the ruminants are free of communicable livestock diseases.
    In the event that a communicable livestock disease is diagnosed in 
quarantined ruminants, the Administrator would have the discretion to 
order the facility to be guarded by a bonded security company, at the 
expense of the operator of the facility, in a manner that the 
Administrator deems is necessary to ensure the biological security of 
the facility.
    In the case of medium security facilities only, we would also 
require that the facility be guarded at all times by one or more 
representatives of a bonded security company or, alternatively, the 
facility have an electronic security system that prevents

[[Page 51724]]

the entry of unauthorized persons into the facility and prevents 
animals outside the facility from having contact with ruminants in 
quarantine. If an electronic security system is used, we would require 
that the system be coordinated through or with the local police so that 
monitoring of the facility is maintained whenever APHIS representatives 
are not at the facility. The electronic security system would have to 
be of the ``silent type,'' approved by Underwriter's Laboratories, and 
triggered to ring at the monitoring site and, if the operator chooses, 
at the facility. The operator would have to provide written 
instructions to the monitoring agency that specify that the police and 
an APHIS representative designated by APHIS would have to be notified 
by the monitoring agency if the alarm is triggered. The operator would 
have to provide a copy of those instructions to the Administrator. The 
operator would also have to notify the designated APHIS representative 
whenever a break in security occurs or is suspected of occurring.

Operating Procedures

    Proposed Sec.  93.412(d)(4) would set forth the operating 
procedures that medium and minimum security facilities would have to 
observe with respect to APHIS oversight, personnel, authorized access, 
sanitary practices, handling of quarantined ruminants, and 
recordkeeping. We would require that these procedures be followed at 
all times in order to ensure the overall biological security of the 
quarantine operation, as well as to maintain the health of the animals 
in quarantine.

APHIS Oversight

    In proposed Sec.  93.412(d)(4)(i), we would make clear that while 
the facility would be owned, operated, and maintained by the operator, 
the quarantine of ruminants at the facility would be subject to the 
strict oversight of APHIS representatives. The deployment of APHIS 
representatives to oversee and provide other professional, technical, 
and support services at a facility would be determined solely by the 
Administrator.
    APHIS representatives would retain ultimate authority over the 
quarantine of ruminants at the facility. If, for any reason, the 
operator fails to properly care for, feed, or handle the quarantined 
ruminants as required in Sec.  93.412(a), or in accordance with animal 
health and husbandry standards provided elsewhere in 9 CFR chapter 1, 
or fails to maintain and operate the facility as provided in proposed 
Sec.  93.412(d), APHIS representatives would be authorized to furnish 
such neglected services or make arrangements for the sale or disposal 
of quarantined ruminants at the operator's expense, as authorized in 
Sec.  93.412(a).

Personnel

    Under proposed Sec.  93.412(d)(4)(ii), the operator of a medium or 
minimum security facility would be responsible for hiring personnel to 
attend to the animals and otherwise maintain, operate, and administer 
the facility. We would require that the operator provide us with an 
updated list of all personnel who have access to the facility. The list 
would have to include the names, current residential addresses, and 
identification numbers of each person, and must be updated with any 
changes or additions in advance of such person having access to the 
quarantine facility. We also would require that the operator provide us 
with signed statements from all personnel having access to the facility 
in which the person agrees to comply with proposed Sec.  93.412(d) and 
other provisions of part 93, all terms of the compliance agreement, and 
any related instructions from APHIS representatives pertaining to 
quarantine operations, including contact with animals both inside and 
outside the facility. We would require these signed statements so that 
personnel are made aware of their responsibilities and obligations 
while working with the animals in quarantine.

Authorized Access

    To ensure the biological security of medium and minimum security 
facilities, proposed Sec.  93.412(d)(4)(iii) would restrict facility 
access to APHIS representatives and other persons specifically 
authorized to work at the facility. All others would be prohibited from 
the premises unless specifically granted access by an APHIS 
representative. We would also require that an APHIS representative 
accompany at all times any visitors granted access to the facility.
    In addition, we would require that all visitors, except veterinary 
practitioners who enter the facility to provide emergency care, would 
have to sign an affidavit before entering the quarantine area, if 
determined necessary by the overseeing APHIS representative, declaring 
that they will not have contact with any susceptible animals outside 
the facility for at least 7 days after contact with the ruminants in 
quarantine, or for a period of time determined by the overseeing APHIS 
representative as necessary to prevent the transmission of communicable 
livestock diseases of ruminants.

Sanitary Practices

    Proposed Sec.  93.412(d)(4)(iv) sets forth certain sanitary 
practices that would need to be followed by all those persons granted 
access to a medium or minimum security facility. We would require that 
everyone entering the quarantine area of the facility wear clean 
protective clothing and footwear. Disposable gloves would have to be 
worn when handling sick animals. Persons would have to wash their hands 
after removing the gloves. Persons also would have to change out of 
protective clothing, footwear, and gloves that have become soiled or 
contaminated.
    If determined necessary by the overseeing APHIS representative, we 
also would prohibit persons having contact with quarantined ruminants 
from coming in contact with susceptible animals outside the facility 
for at least 7 days after their last contact with ruminants in 
quarantine, or, alternatively, for a longer period of time determined 
necessary by the overseeing APHIS representative. The period of time 
may vary, depending on the health status of the quarantined ruminants 
at the time the person had access to that lot of ruminants. The 
overseeing APHIS representative would be familiar with the health 
status of the ruminants under quarantine to determine whether there 
should be a prohibition against contact with animals outside the 
facility for a period of 7 days or longer.
    We would require that any equipment (including tractors) to be used 
in the quarantine area of a medium or minimum security facility would 
first have to be cleaned and disinfected, and would then have to remain 
dedicated to the facility for the entire quarantine period. In 
addition, any equipment used with quarantined ruminants would have to 
remain dedicated to that particular lot of ruminants for the duration 
of the quarantine period or be cleaned and disinfected before coming in 
contact with ruminants from another lot. Prior to its use on another 
lot of ruminants or its removal from the quarantine area, such 
equipment would have to be cleaned and disinfected to the satisfaction 
of an APHIS representative.
    Vehicles would also have to be cleaned and disinfected immediately 
prior to entering and leaving the quarantine area of the facility. If 
the facility utilizes a single loading dock, the loading dock would 
have to be immediately cleaned and disinfected after each use under the 
oversight of an APHIS representative. And upon the release of a lot of 
ruminants from quarantine, the operator would be required to clean and 
disinfect the lot-

[[Page 51725]]

holding area and other portions of the facility in which the ruminants 
had access before a new lot of ruminants could be placed in that same 
area of the facility. When disinfecting equipment, vehicles, or other 
areas of the facility, operators would have to use a disinfectant that 
is authorized in 9 CFR part 71, Sec.  71.10(a)(5), or is otherwise 
approved by the Administrator. These measures would be necessary in 
order to minimize the risk of transmitting diseases into, within, or 
from the facility.
    In addition to the sanitary practices already discussed, medium 
security facilities would be subject to the following additional 
requirements. Any persons granted access to the quarantine area would 
have to shower when entering and leaving the quarantine area, as well 
as when moving from one lot-holding area to another within the 
quarantine area. Persons also would have to shower when leaving the 
necropsy area, if a necropsy is in the process of being performed or 
has just been completed, or if all or portions of the examined animal 
remain exposed in the necropsy area. For medium security facilities 
that handle more than one lot of animals at the same time, all persons 
entering the quarantine area of the facility would be prohibited, 
unless specifically allowed otherwise by the overseeing APHIS 
representative, from coming in contact with any ruminants in 
quarantine, other than the lot or lots of ruminants to which the person 
is assigned or granted access.
    The operator of a medium security facility would have to provide a 
sufficient supply of clothing and footwear to ensure that persons with 
access to the facility's quarantine area have clean, protective 
clothing and footwear after showering. We would also make the operator 
responsible for the proper handling, washing, and disposal of soiled 
and contaminated clothing worn in the quarantine area in a manner 
approved by an APHIS representative as adequate to preclude the 
transmission of diseases within and from the facility. At the end of 
each workday, all work clothing worn into each lot-holding area and 
other areas of the quarantine area would have to be collected and 
bagged until the clothing is washed. Used footwear would have to either 
be left in the clothes changing area or cleaned with hot water (148 
[deg]F minimum) and detergent and disinfected as directed by an APHIS 
representative.

Handling of Quarantined Ruminants

    Our standards for the care and handling of ruminants in a medium or 
minimum security facility would appear in proposed Sec.  
93.412(d)(4)(v). Each lot of ruminants would have to be placed in the 
facility on an ``all-in, all-out'' basis. Once in quarantine, no 
ruminants would be removed from the lot except for diagnostic purposes, 
and no ruminants could be added to the lot during the quarantine 
period. These requirements would simplify the management of ruminants 
in the facility while reducing the risk of disease spread. The operator 
would be responsible for providing adequate feed and bedding from 
APHIS-approved sources. The feed and bedding would have to be free of 
vermin and not spoiled. In addition, breeding of ruminants or 
collection of germ plasm from ruminants would be prohibited during the 
quarantine period unless required for an import testing procedure.
    Ruminants in quarantine in a medium or minimum security facility 
would be subject to such tests and procedures as directed by the 
overseeing APHIS representative to determine whether the ruminants are 
free of communicable livestock diseases. The use of vaccines for 
ruminants in quarantine would have to be approved by the APHIS 
representative, licensed in accordance with 9 CFR part 102, and 
administered by an APHIS veterinarian or an accredited veterinarian 
under the direct supervision of an APHIS representative.
    The death or suspected illness of ruminants in quarantine would 
have to be reported to the overseeing APHIS representative. The 
affected ruminants would have to be disposed of as the Administrator 
may direct or, depending on the nature of the disease, would have to be 
cared for as directed by APHIS to prevent the spread of disease. We are 
proposing that animals that require specialized medical attention or 
additional postmortem testing may be transported off the quarantine 
site, if authorized by APHIS. If this occurs, a second quarantine site 
would be established at the off-site location where the affected 
animal(s) are being held. In such cases, APHIS could extend the 
quarantine period until the results of the outstanding tests or 
postmortems are received.
    Should the Administrator determine that an animal health emergency 
exists at the facility, we would require that arrangements for the 
final disposition of the infected or exposed lot of ruminants be 
accomplished within 4 workdays following disease confirmation. The 
ultimate disposition of the ruminants would then have to occur under 
the direct oversight of APHIS representatives.

Recordkeeping

    In proposed Sec.  93.412(d)(4)(vi), operators of a medium or 
minimum security facility would have to follow certain recordkeeping 
practices while ruminants are in quarantine. For purposes of security, 
we would require the operator to maintain a current daily log to record 
the entry and exit of all persons entering and leaving the facility. We 
would also require that the operator retain the daily security log, as 
well as any logs maintained by APHIS and deposited with the operator, 
for at least 2 years following the date of release of the ruminants 
from quarantine. These logs would have to be made available to APHIS 
representatives upon request.

Environmental Quality

    To ensure that APHIS would not assent to or facilitate activities 
that are not in conformance with environmental quality control 
standards, proposed Sec.  93.412(d)(5) would provide that if APHIS 
determines that a privately owned medium or minimum security quarantine 
facility does not meet applicable local, State, or Federal 
environmental regulations, APHIS may deny or suspend approval of the 
facility until appropriate remedial measures have been applied.

Other Laws

    Proposed Sec.  93.412(d)(6) would put operators of a medium or 
minimum security facility on notice that they would be responsible for 
complying with any other applicable Federal, State, and local laws and 
regulations with respect to the construction, operation, and 
maintenance of the facility.

Variances

    In proposed Sec.  93.412(d)(7), we would permit variances from the 
proposed standards of Sec.  93.412(d) on a case-by-case basis, subject 
to approval by the Administrator. The Administrator would be authorized 
to grant a variance to existing facility requirements relating to 
location, construction and design, sanitation, security, operating 
procedures, recordkeeping, or other provisions in proposed Sec.  
93.412(d), but only if the Administrator determines that there would be 
no detrimental effect on the health of the ruminants or to the overall 
biological security of the quarantine operations. The operator would 
have to submit any request for variance in writing to the Administrator 
at least 30 days in advance of the arrival of ruminants at the 
facility. Any variance would also have to be provided for in the 
compliance agreement.

[[Page 51726]]

Miscellaneous Changes

    Section 93.413 generally restricts visitors from entering the 
quarantine area of a quarantine facility while ruminants are in 
quarantine. Section 93.413 does provide that importers whose animals 
are in quarantine may be admitted to the quarantine area, as necessary, 
subject to any conditions imposed by the inspector in charge. We are 
proposing to amend Sec.  93.413 by inserting references to ``APHIS 
representative'' alongside ``inspector in charge.'' ``APHIS 
representative'' is the term we propose to use in describing APHIS 
personnel assigned to oversee and provide other technical services at 
privately owned medium or minimum security quarantine facilities. We 
also propose to make a minor technical change by revising ``quarantine 
station'' to read ``quarantine facility or station.''
    Section 93.414 restricts the use of milk or cream from quarantined 
ruminants. We are proposing to amend Sec.  93.414 by inserting ``APHIS 
representative'' alongside ``inspector in charge'' for the same reason 
as noted previously for amending Sec.  93.413.
    We are also proposing to redesignate the footnote numbers of 
several footnotes that appear in the regulations. Footnote 7, which 
appears in the heading ``Canada'' immediately above Sec.  93.417, would 
be redesignated as footnote 9. Footnote 8, which appears in the heading 
``Central America And West Indies'' immediately above Sec.  93.422, 
would be redesignated as footnote 10. And footnote 9, which appears in 
the heading ``Mexico'' immediately above Sec.  93.424, would be 
redesignated as footnote 11. These redesignations would be necessary 
because of two new footnotes that would be added to the regulations if 
Sec.  93.412(d) is implemented.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    The regulations for the importation of ruminants appear at 9 CFR 
part 93, subpart D, Sec. Sec.  93.400 through 93.435 (the regulations). 
Section 93.411 requires that ruminants arriving in the United States, 
with certain exceptions, be quarantined upon arrival for at least 30 
days. Ruminants from Canada and Mexico are not subject to this 
quarantine requirement.
    Section 93.412, paragraph (a), authorizes the establishment of 
privately operated quarantine facilities for ruminants, subject to 
APHIS approval and oversight. Section 93.434 contains standards for the 
approval, operation, and oversight of privately operated quarantine 
facilities for sheep or goats. After these standards were first 
established in 1988, privately operated quarantine facilities were 
briefly used for the importation of sheep and goats into the United 
States. However, there are currently no approved private quarantine 
facilities for sheep or goats, or for other ruminants. Therefore, 
imported ruminants subject to quarantine must enter the United States 
through facilities maintained by APHIS.
    We have received requests to import cattle into the United States 
through quarantine facilities that are privately owned and operated.
    Given the current interest in establishing privately owned 
quarantine facilities for cattle, we are proposing to amend our 
regulations and publish standards for approval and oversight of such 
facilities. The standards would have to be consistent with the 
standards followed at APHIS quarantine facilities to ensure that the 
health of the U.S. livestock population is not jeopardized by the 
release of unhealthy animals or communicable disease agents from 
quarantine facilities.
    We are proposing that these standards apply not only to privately 
owned facilities intended for imported cattle, but for privately owned 
and operated facilities that wish to handle other imported ruminants, 
including sheep and goats. Therefore, as part of this proposal, we 
would remove from our regulations the existing standards for the 
approval of privately operated quarantine facilities for sheep or 
goats.
    In 2001, about 2,440,000 live cattle worth an estimated $1.1 
billion were imported into the United States. Over a 10-year period, 
1992-2001, U.S. bovine imports averaged more than 2.2 million head per 
year, with an annual average value of $1.2 billion. In comparison, the 
U.S. cattle inventory has averaged about 100 million head over the last 
10 years. According to the 1997 Census of Agriculture, the value of 
U.S. cattle sales in that year was approximately $40.5 billion, based 
on the sale of 74 million head. Thus, cattle imports represent about 2 
percent of the U.S. cattle and calf population, and about 3 percent, by 
value, of domestic sales.
    Almost all U.S. imports of cattle come from Canada and Mexico. In 
2001, Canada exported 1,308,670 animals into the United States, while 
Mexico exported 1,130,168 animals in that same year. The only other 
sources of imports in 2001 were Norway (350 head) and Australia (12 
head). The only other source of imports besides Canada and Mexico in 
1999 and 2000 was Australia, which exported a total of 21 and 15 head 
to the United States in those two years. Based on the historic record, 
the number of cattle imported into the United States that would be 
affected by this rule would likely be small, given that ruminants from 
Canada and Mexico are generally not subject to quarantine as a 
condition of entry into the United States. However, the number of 
imports from countries other than Canada and Mexico may be more 
substantial, depending on the number and type of facilities (medium or 
minimum security facility) that are approved for operation.
    Over the 10-year period, 1991-2000, U.S. sheep imports averaged 
39,106 head annually, showing a steady increase from about 23,000 head 
in 1991, to about 52,000 head in 2000. In 2001, there was a significant 
increase in sheep imports, to 85,042 head. Canada dominates this 
market, supplying over 99 percent of U.S. sheep imports over the past 5 
years. Very small numbers of sheep are imported from Mexico and New 
Zealand, and there have been imports previously from Australia, the 
Republic of South Africa, and the European Union. The annual average 
value of sheep imports over the 1991-2000 period was approximately $4 
million (about $104 per head). Hence, the number of imported sheep 
affected by this rule would likely be small, given that almost all U.S. 
imports come from Canada.
    Goats imported into the United States numbered only 6 head in 1991, 
while in 1994, they totaled 28,500 head (27,935 from New Zealand). 
These extreme import numbers during the early 1990s distort a more 
steady import pattern over the latter half of the 1990s. Therefore, 
annual averages over the 6-year period, 1995-2000, are appropriate. 
During this period, an average of 1,459 goats were imported into the 
United States yearly. Since 1999, all goat imports have come from 
Canada. Prior to 1999, Canada dominated the market, but Mexico and New 
Zealand were also significant in some years. The annual average value 
of goat imports over the 1996-2001 period was about $535,000 (about 
$244 per head). Hence, the number of imported goats affected by this 
rule would likely be small, given that the majority of goats imported 
into the United States typically come from Canada and Mexico.
    U.S. imports of sheep and goats represent a small fraction of total 
U.S. domestic production of these animals. In 2000, the U.S. sheep 
population numbered about 7 million, with an

[[Page 51727]]

approximate value of $668 million. Based on average sheep imports of 
39,106 head per year over the 1991-2000 period, U.S. sheep imports 
represent less than 1 percent of total U.S. domestic production. In 
2000, there were approximately 436,000 Angora goats in the United 
States with a value of about $17 million. Based on average goat imports 
of 1,459 head per year over the 1995-2000 period, U.S. goat imports 
comprise less than 1 percent of total U.S. domestic production, and 
represent about 3.1 percent of the value of domestically-produced goats 
(signifying the generally higher value of imported goats).
    APHIS and other Federal agencies are required to evaluate whether 
proposed regulations are likely to have a significant economic impact 
on a substantial number of small entities. Privately owned and operated 
quarantine facilities have been used from time to time for the 
importation of sheep and goats into the United States. However, no such 
approved facilities are currently in operation. Therefore, the 
standards contained in this proposed rule would not adversely affect 
any such entities, large or small. However, should one or more 
privately owned quarantine facilities be approved for operation, 
importers should benefit by having additional options for the placement 
of ruminants to be imported into the United States. And, particularly 
in the case of minimum security facilities, importers may have the 
opportunity to import ruminants from certain regions in larger lot 
sizes as compared to the current situation of having the animals placed 
in an APHIS indoor quarantine facility.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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.

National Environmental Policy Act

    An environmental assessment has not been prepared for this proposed 
rule. Because the environmental impacts that could result from 
implementation of this proposal would vary according to the location 
and design of the facility being approved, APHIS has determined site-
specific environmental assessments must be conducted for each privately 
owned quarantine facility for ruminants prior to approval of the 
facility. APHIS will publish a notice in the Federal Register for each 
environmental assessment we conduct in this regard if this proposed 
rule is finalized, and we would invite public comment on each site-
specific environmental assessment.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 00-022-1. 
Please send a copy of your comments to: (1) Docket No. 00-022-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    We are proposing standards for the establishment and operation of 
privately owned quarantine facilities for imported ruminants prior to 
their release into the United States. Satisfying the proposed 
requirements in this rule would entail several information collection 
activities, including an application for facility approval, a 
compliance agreement explaining the conditions under which the facility 
must be operated, certification that the facility meets all applicable 
environmental regulations, and maintenance of certain records covering 
quarantine operations.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 9.64 hours per response.
    Respondents: Operators of privately owned quarantine facilities for 
ruminants.
    Estimated annual number of respondents: 25.
    Estimated annual number of responses per respondent: 1.8.
    Estimated annual number of responses: 45.
    Estimated total annual burden on respondents: 434 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS'' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 9 CFR Part 93

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

    Accordingly, we propose to amend 9 CFR part 93 as follows:

[[Page 51728]]

PART 93--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 93 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

    2. In part 93, subpart D, footnotes 7, 8, and 9 would be 
redesignated as footnotes 9, 10, and 11, respectively.
    3. Section 93.400 would be amended by revising the footnote and the 
definition of immediate slaughter and the footnote to recognized 
slaughtering establishment and by adding, in alphabetical order, new 
definitions for area veterinarian in charge, Federal veterinarian, lot, 
lot-holding area, nonquarantine area, Office International des 
Epizooties (OIE), operator, privately owned medium security quarantine 
facility (medium security facility), privately owned minimum security 
quarantine facility (minimum security facility), quarantine area, State 
veterinarian, and temporary inspection facility to read as follows:


Sec.  93.400  Definitions.

* * * * *
    Area veterinarian in charge (AVIC). The veterinary official of the 
Animal and Plant Health Inspection Service, who is assigned by the 
Administrator to supervise and perform the official animal health work 
of the Animal and Plant Health Inspection Service in the State 
concerned.
* * * * *
    Federal veterinarian. A veterinarian employed and authorized by the 
Federal Government to perform the tasks required by this subpart.
* * * * *
    Immediate slaughter. Consignment directly from the port of entry to 
a recognized slaughtering establishment \1\ and slaughtered within 2 
weeks from the date of entry.
---------------------------------------------------------------------------

    \1\ The name of recognized slaughtering establishments approved 
under this part may be obtained from the area veterinarian in charge 
for the State of destination of the shipment. The name and address 
of the area veterinarian in charge of any State is available from 
the Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import and Export, 4700 River Road, Unit 38, 
Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

* * * * *
    Lot. A group of ruminants that, while held on a conveyance or 
premises, has opportunity for physical contact with each other or with 
each other's excrement or discharges at any time between arrival at the 
quarantine facility and 60 days prior to export to the United States.
    Lot-holding area. That area in a privately owned medium or minimum 
security quarantine facility in which a single lot of ruminants is held 
at one time.
* * * * *
    Nonquarantine area. That area of a privately owned medium or 
minimum security quarantine facility that includes offices, storage 
areas, and other areas outside the quarantine area, and that is off 
limits to ruminants, samples taken from ruminants, and any other 
objects or substances that have been in the quarantine area during the 
quarantine of ruminants.
    Office International des Epizooties (OIE). The international 
organization recognized by the World Trade Organization for setting 
animal health standards, reporting global animal situations and disease 
status, and presenting guidelines and recommendations on sanitary 
measures related to animal health.
    Operator. A person other than the Federal Government who owns or 
operates, subject to APHIS' approval and oversight, a privately owned 
medium or minimum security quarantine facility.
* * * * *
    Privately owned medium security quarantine facility (medium 
security facility). A facility that:
    (1) Is owned, operated, and financed by a person other than the 
Federal Government;
    (2) Is subject to the strict oversight of APHIS representatives;
    (3) Is constructed, operated, and maintained in accordance with the 
requirements for medium security facilities in Sec.  93.412(d); and
    (4) Provides the necessary level of quarantine services for the 
holding of ruminants in an indoor, vector-proof environment prior to 
the animals' entry into the United States. Quarantine services would 
have to include testing or observation for any OIE list A diseases and 
other livestock diseases exotic to the United States, as well as any 
other diseases, as necessary, to be determined by the Administrator.
    Privately owned minimum security quarantine facility (minimum 
security facility). A facility that:
    (1) Is owned, operated, and financed by a person other than the 
Federal Government;
    (2) Is subject to the strict oversight of APHIS representatives;
    (3) Is constructed, operated, and maintained in accordance with the 
requirements for minimum security facilities in Sec.  93.412(d);
    (4) Is used for the quarantine of ruminants that pose no 
significant risk, as determined by the Administrator, of introducing or 
transmitting to the U.S. livestock population any livestock disease 
that is biologically transmissible by vectors; and
    (5) Provides the necessary level of quarantine services for the 
outdoor holding of ruminants, prior to the animals' entry into the 
United States. Quarantine services would have to include testing or 
observation for any OIE list A diseases and other livestock diseases 
exotic to the United States, as well as any other diseases, as 
necessary, to be determined by the Administrator.
    Quarantine area. That area of a privately owned medium or minimum 
security quarantine facility that comprises all of the lot-holding 
areas in the facility and any other areas in the facility that 
ruminants have access to, including loading docks for receiving and 
releasing ruminants, and any areas used to conduct examinations of 
ruminants and take samples and any areas where samples are processed or 
examined.
    Recognized slaughtering establishment.\2\ * * *
---------------------------------------------------------------------------

    \2\ See footnote 1.
---------------------------------------------------------------------------

* * * * *
    State veterinarian. A veterinarian employed and authorized by a 
State or political subdivision of a State to perform the tasks required 
by this subpart.
* * * * *
    Temporary inspection facility. A facility owned and operated by a 
person other than the Federal Government that is located within 1 mile 
of the port of entry and used for the inspection of ruminants imported 
into the United States in accordance with Sec.  93.408 of this subpart.
* * * * *
    4. In Sec.  93.403, paragraph (g) would be revised to read as 
follows:


Sec.  93.403  Ports designated for the importation of ruminants.

* * * * *
    (g) Ports and privately owned quarantine facilities. Ruminants may 
be imported into the United States at any port specified in paragraph 
(a) of this section, or at any other port designated as an 
international port or airport by the Bureau of Customs and Border 
Protection, and quarantined at an APHIS-approved privately owned 
quarantine facility, provided the applicable provisions of Sec. Sec.  
93.401,

[[Page 51729]]

93.404(a), 93.407, 93.408, and 93.412 are met.


Sec.  93.404  [Amended]

    5. In Sec.  93.404, paragraph (a)(1) would be amended by adding the 
words ``the name and address of the quarantine facility, if the 
ruminants are to be quarantined at a privately owned quarantine 
facility;'' after the words ``and the port of entry in the United 
States;''.
    6. In Sec.  93.412, paragraphs (a) and (c) would be revised and a 
new paragraph (d) would be added to read as follows:


Sec.  93.412  Ruminant quarantine facilities.

    (a) Privately owned quarantine facilities. The operator of a 
privately owned medium or minimum security quarantine facility subject 
to the regulations in this subpart shall arrange for acceptable 
transportation from the port to the privately owned quarantine facility 
and for the care, feeding, and handling of the ruminants from the time 
of unloading at the port to the time of release from the quarantine 
facility. Such arrangements shall be agreed to in advance by the 
Administrator. All expenses related to these activities shall be the 
responsibility of the operator. The privately owned quarantine facility 
must be suitable for the quarantine of the ruminants and must be 
approved by the Administrator prior to the issuance of any import 
permit. The facilities occupied by the ruminants should be kept clean 
and sanitary to the satisfaction of the APHIS representatives. If for 
any cause, the care, feeding, or handling of ruminants, or the 
sanitation of the facilities is neglected, in the opinion of the 
overseeing APHIS representative, such services may be furnished by 
APHIS in the same manner as though arrangements had been made for such 
services as provided by paragraph (b) of this section, and/or the 
ruminants may be disposed of as the Administrator may direct, including 
through their sale in accordance with the procedure described in 
paragraph (b) of this section. The operator must request in writing 
inspection and other services as may be required, and shall waive all 
claims against the United States and APHIS or any employee of APHIS for 
damages which may arise from such services. The Administrator may 
prescribe reasonable rates for the services provided under this 
paragraph. When APHIS finds it necessary to extend the usual minimum 
quarantine period, APHIS shall advise the operator in writing, and the 
operator must pay for such additional quarantine and other services 
required. The operator must pay for all services received in connection 
with each separate lot of ruminants by certified check or U.S. money 
order prior to release of the ruminants. If such payment is not made, 
the ruminants may be sold in accordance with the procedure described in 
paragraph (b) of this section, or otherwise disposed of as directed by 
the Administrator.
* * * * *
    (c) APHIS collection of payments from the importer, or his or her 
agent, or the operator, for service rendered shall be deposited so as 
to be available for defraying the expenses involved in this service.
    (d) Standards for privately owned quarantine facilities for 
ruminants.--(1) APHIS approval of facilities.--(i) Approval procedures. 
Persons seeking APHIS approval of a privately owned medium or minimum 
security quarantine facility for ruminants must make written 
application to the Administrator, c/o National Center for Import and 
Export, Veterinary Services, APHIS, 4700 River Road, Unit 38, 
Riverdale, MD 20737-1231. The application must include the full name 
and mailing address of the applicant; the location and street address 
of the facility for which approval is sought; blueprints of the 
facility; a description of the financial resources available for 
construction, operation and maintenance of the facility; copies of all 
approved State permits for construction and operation of the facility 
(but not local building permits), as well as copies of all approved 
Federal, State, and local environmental permits; the anticipated 
source(s) or origin(s) of ruminants to be quarantined, as well as the 
expected size and frequency of shipments, and a contingency plan for 
the possible destruction and disposal of all ruminants capable of being 
held in the facility.
    (A) If APHIS determines that an application is complete and merits 
further consideration, the person applying for facility approval must 
agree to pay the costs of all APHIS services associated with APHIS' 
evaluation of the application and facility. APHIS charges for 
evaluation services at hourly rates are listed in Sec.  130.30 of this 
chapter. If the facility is approved by APHIS, the operator must enter 
into a compliance agreement in accordance with paragraph (d)(2) of this 
section.
    (B) Requests for approval must be submitted at least 120 days prior 
to the date of application for local building permits. Requests for 
approval will be evaluated on a first-come, first-served basis.
    (ii) Criteria for approval. Before a facility may be built to 
operate as a privately owned medium or minimum security quarantine 
facility for ruminants, it must be approved by APHIS. To be approved:
    (A) APHIS must find, based on an environmental assessment, and 
based on any required Federal, State, and local environmental permits 
or evaluations secured by the operator and copies of which are provided 
to APHIS, that the operation of the facility will not have significant 
environmental effects;
    (B) The facility must meet all the requirements of paragraph (d) of 
this section;
    (C) The facility must meet any additional requirements that may be 
imposed by the Administrator in each specific case, as specified in the 
compliance agreement required under paragraph (d)(2) of this section, 
to ensure that the quarantine of ruminants in the facility will be 
adequate to enable determination of their health status, as well as to 
prevent the transmission of livestock diseases into, within, and from 
the facility; and
    (D) The Administrator must determine whether sufficient personnel, 
including one or more APHIS veterinarians and other professional, 
technical, and support personnel, are available to serve as APHIS 
representatives at the facility and provide continuous oversight and 
other technical services to ensure the biological security of the 
facility, if approved. APHIS will assign personnel to facilities 
requesting approval in the order that the facilities meet all of the 
criteria for approval. The Administrator has sole discretion on the 
number of APHIS personnel to be assigned to the facility.
    (iii) Maintaining approval. To maintain APHIS approval, the 
operator must continue to comply with all the requirements of paragraph 
(d) of this section as well as the terms of the compliance agreement 
executed in accordance with paragraph (d)(2) of this section.
    (iv) Withdrawal or denial of approval. Approval of a proposed 
privately owned medium or minimum security quarantine facility may be 
denied or approval of a facility already in operation may be withdrawn 
at any time by the Administrator for any of the reasons provided in 
paragraph (d)(1)(iv)(C) of this section.
    (A) Before facility approval is denied or withdrawn, APHIS will 
inform the operator of the proposed or existing facility and include 
the reasons for the proposed action. If there is a conflict as to any 
material fact, APHIS will afford

[[Page 51730]]

the operator, upon request, the opportunity for a hearing with respect 
to the merits or validity of such action in accordance with rules of 
practice that APHIS adopts for the proceeding.
    (B) Withdrawal of approval of an existing facility will become 
effective pending final determination in the proceeding when the 
Administrator determines that such action is necessary to protect the 
public health, interest, or safety. Such withdrawal will be effective 
upon oral or written notification, whichever is earlier, to the 
operator of the facility. In the event of oral notification, APHIS will 
give written confirmation to the operator of the facility as promptly 
as circumstances allow. This withdrawal will continue in effect pending 
the completion of the proceeding and any judicial review, unless 
otherwise ordered by the Administrator. In addition to withdrawal of 
approval for the reasons provided in paragraph (d)(1)(iv)(C) of this 
section, the Administrator will also automatically withdraw approval 
when the operator of any approved facility notifies the area 
veterinarian in charge for the State in which the facility is located, 
in writing, that the facility is no longer in operation.\7\
---------------------------------------------------------------------------

    \7\ The name and address of the area veterinarian in charge of 
any State is available from the Animal and Plant Health Inspection 
Service, Veterinary Services, National Center for Import and Export, 
4700 River Road Unit 38, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (C) The Administrator may deny or withdraw the approval of a 
privately owned medium or minimum security quarantine facility if:
    (1) Any requirement of paragraph (d) of this section or the 
compliance agreement is not met; or
    (2) The facility has not been in use to quarantine ruminants for a 
period of at least 1 year; or
    (3) The operator fails to remit any charges for APHIS services 
rendered; or
    (4) The operator or a person responsibly connected with the 
business of the facility is or has been convicted of any crime under 
any law regarding the importation or quarantine of any animal; or
    (5) The operator or a person responsibly connected with the 
business of the facility is or has been convicted of a crime involving 
fraud, bribery, extortion, or any other crime involving a lack of 
integrity needed for the conduct of operations affecting the 
importation of animals; or
    (6) Any other requirement under the Animal Health Protection Act (7 
U.S.C. 8301-8317) or the regulations thereunder are not met.
    (D) For the purposes of paragraph (d)(1)(iv) of this section, a 
person is deemed to be responsibly connected with the business of the 
facility if such person has an ownership, mortgage, or lease interest 
in the facility, or if such person is a partner, officer, director, 
holder, or owner of 10 percent or more of its voting stock, or an 
employee in a managerial or executive capacity.
    (2) Compliance agreement. (i) A privately owned medium or minimum 
security quarantine facility must operate in accordance with a 
compliance agreement executed by the operator or other designated 
representative of the facility and by the Administrator. The compliance 
agreement must be signed by both parties before a facility may commence 
operations. The compliance agreement must provide that:
    (A) The facility must meet all applicable requirements of paragraph 
(d) of this section;
    (B) The facility's quarantine operations are subject to the strict 
oversight of APHIS representatives;
    (C) The operator agrees to be responsible for the cost of building 
the facility; all costs associated with its maintenance and operation; 
all costs associated with the hiring of personnel to attend to the 
ruminants, as well as to maintain and operate the facility; all costs 
associated with the care of quarantined ruminants, such as feed, 
bedding, medicines, inspections, testing, laboratory procedures, and 
necropsy examinations; all costs associated with the death or 
destruction and disposition of quarantined ruminants; and all APHIS 
charges for the services of APHIS representatives in accordance with 
this section and part 130 of this chapter;
    (D) The operator obtained, prior to execution of this agreement, a 
financial instrument (insurance or surety bond) approved by APHIS that 
financially guarantees the operator's ability to cover all costs and 
other financial liabilities and obligations of the facility, including 
a worst case scenario in which all quarantined ruminants must be 
destroyed and disposed of because of an animal health emergency, as 
determined by the Administrator.
    (E) The operator will deposit with the Administrator, prior to 
commencing quarantine operations, a certified check or U.S. money order 
to cover the estimated costs, as determined by the Administrator, of 
professional, technical, and support services to be provided by APHIS 
at the facility over the duration of the quarantine. If actual costs 
incurred by APHIS over the quarantine period exceed the deposited 
amount, the operator will pay for any additional costs incurred by 
APHIS, based on official accounting records. Payment for all services 
received in connection with each lot of ruminants in quarantine shall 
be made prior to release of the ruminants. The operator must pay for 
any other costs incurred by APHIS with respect to the quarantine 
following the release of the ruminants, based on official records, 
within 14 days of receipt of the bill showing the balance due. APHIS 
will return to the operator any unobligated funds deposited with APHIS, 
after the release of the lot of ruminants from the facility and 
termination or expiration of the compliance agreement, or, if 
requested, credit to the operator's account such funds to be applied 
towards payment of APHIS services at a future date.
    (ii) Prior to the entry of each subsequent lot of ruminants into 
the medium or minimum security facility, a new compliance agreement 
must be executed, and a certified check or U.S. money order to the 
Administrator must be deposited to cover the estimated costs, as 
determined by the Administrator, of professional, technical, and 
support services to be provided by APHIS at the facility over the 
duration of the quarantine.
    (3) Physical plant requirements. A privately owned medium or 
minimum security quarantine facility must meet the following 
requirements as determined by an APHIS inspection before ruminants may 
be admitted to it.
    (i) Location. (A) The medium or minimum security facility must be 
located at a site approved by the Administrator, and the specific 
routes for the movement of ruminants from the port must be approved in 
advance by the Administrator, based on consideration of whether the 
site or routes would put the animals in a position that could result in 
their transmitting communicable livestock diseases.
    (B) In the case of a medium security facility, the facility must be 
located at least one-half mile from any premises holding livestock. In 
the case of a minimum security facility, the Administrator will 
establish the required minimum distance between the facility and other 
premises holding livestock on a case-by-case basis.
    (C) If the medium or minimum security facility is to be located 
more than 1 mile from a designated port, the operator must make 
arrangements for the imported ruminants to be held in a temporary 
inspection facility, which is within 1 mile of the port and approved by 
the Administrator, to allow for the inspection of the imported 
ruminants by a Federal or State veterinarian prior to

[[Page 51731]]

the animals' movement to the medium or minimum security facility.
    (1) The temporary inspection facility must have adequate space for 
Federal or State veterinarians to conduct examinations and testing of 
the imported ruminants.
    (2) The examination space of the temporary inspection facility must 
be equipped with appropriate animal restraining devices for the safe 
inspection of ruminants.
    (3) The temporary inspection facility may not hold more than one 
lot of animals at the same time.
    (4) In seeking APHIS approval of the temporary inspection facility, 
the operator must provide APHIS with the following information: The 
location and street address, as well as blueprints or a description of 
the temporary inspection facility; a description of the financial 
resources available for its construction (if applicable), operation, 
and maintenance; copies of all approved State and local permits for 
construction and operation of the temporary inspection facility, as 
well as copies of all approved Federal, State, and local environmental 
permits; and the anticipated source(s) or origin(s), lot size, and 
frequency of shipments of imported ruminants to be handled at the 
facility. Following APHIS approval of the temporary inspection 
facility, the operator will also provide APHIS with a copy of the local 
building permit, when obtained.
    (5) If the ruminants, upon inspection at the temporary inspection 
facility, are determined to be infected with or exposed to a disease 
that precludes their entry into the United States, the animals will be 
refused entry. Ruminants refused entry remain the responsibility of the 
operator, but subject to further handling or disposition as directed by 
the Administrator in accordance with Sec.  93.408 of this subpart.
    (6) APHIS' approval to build and operate medium or minimum security 
facility outside the immediate vicinity of a designated port is 
contingent upon APHIS' approval of the temporary inspection facility at 
the port, as well as approval of the routes for the movement of 
ruminants from the port to the medium or minimum security facility.
    (ii) Construction. The medium or minimum security facility must be 
of sound construction, in good repair, and properly designed to prevent 
the escape of quarantined ruminants. It must have adequate capacity to 
receive and hold a shipment of ruminants as a lot on an ``all-in, all-
out'' basis and must include the following:
    (A) Loading docks. The facility must include separate docks for 
animal receiving and releasing and for general receiving and pickup, 
or, alternatively, a single dock may be used for both purposes if the 
dock is cleaned and disinfected after each use in accordance with 
paragraph (d)(4)(iv)(D) of this section.
    (B) Perimeter fencing. The facility must be surrounded by double-
security perimeter fencing separated by at least 30 feet and of 
sufficient height and design to prevent the entry of unauthorized 
persons and animals from outside the facility and to prevent the escape 
of any ruminants in quarantine.
    (C) Means of isolation. The facility must provide pens, chutes, and 
other animal restraining devices, as appropriate, for inspection and 
identification of each animal, as well as for segregation, treatment, 
or both, of any ruminant exhibiting signs of illness. The medium or 
minimum security facility must also have lot-holding areas of 
sufficient size to prevent overcrowding. A medium security facility may 
hold more than one lot of ruminants as long as the lots are separated 
by physical barriers such that ruminants in one lot do not have 
physical contact with ruminants in another lot or with their excrement 
or discharges. A minimum security facility may not hold more than one 
lot of animals at the same time.
    (D) APHIS space. The facility must have adequate space for APHIS 
representatives to conduct examinations and draw samples for testing of 
ruminants in quarantine, prepare and package samples for mailing, and 
store duplicate samples and the necessary equipment and supplies for 
each lot of ruminants. The examination space must be equipped with 
appropriate animal restraining devices for the safe inspection of 
ruminants. The facility must also provide a secure, lockable office for 
APHIS use with enough room for a desk, chair, and filing cabinet.
    (E) Storage. The facility must have sufficient storage space for 
equipment and supplies used in quarantine operations. Storage space 
must include separate, secure storage for pesticides and for medical 
and other biological supplies, as well as a separate storage area for 
feed and bedding, if feed and bedding are stored at the facility.
    (F) Other work areas. The facility must include work areas for the 
repair of equipment and for cleaning and disinfecting equipment used in 
the facility.
    (iii) Additional construction requirements for medium security 
facilities. For medium security facilities only, the following 
requirements must also be met:
    (A) Self-contained building. The medium security facility must be 
constructed so that the quarantine area is located in a secure, self-
contained building that contains appropriate control measures against 
the spread of livestock diseases biologically transmissible by vectors. 
All entryways into the nonquarantine area of the building must be 
equipped with a secure and lockable door. While ruminants are in 
quarantine, all access to the quarantine area must be from within the 
building. Each entryway to the quarantine area must be equipped with a 
solid self-closing door. Separate access must be provided within the 
quarantine area to each lot-holding area so that it is not necessary to 
move through one lot-holding area to gain access to another lot-holding 
area. Entryways to each lot-holding area within the quarantine area 
would also have to be equipped with a solid lockable door. Emergency 
exits to the outside may exist in the quarantine area if required by 
local fire ordinances. Such emergency exits must be constructed so as 
to permit their opening from the inside of the facility only.
    (B) Windows and other openings. Any windows or other openings in 
the quarantine area must be double-screened with screening of 
sufficient gauge and mesh to prevent the entry or exit of insects and 
other vectors of livestock diseases and to provide ventilation 
sufficient to ensure the comfort and safety of all ruminants in the 
facility. The interior and exterior screens must be separated by at 
least 3 inches (7.62 cm). All screening of windows or other openings 
must be easily removable for cleaning, yet otherwise remain locked and 
secure at all times in a manner satisfactory to APHIS representatives 
in order to ensure the biological security of the facility.
    (C) Surfaces. The medium security facility must be constructed so 
that the floor surfaces with which ruminants have contact are nonslip 
and wear-resistant. All floor surfaces with which the ruminants, their 
excrement, or discharges have contact must slope gradually to the 
center, where one or more drains of at least 8 inches in diameter are 
located for adequate drainage, or, alternatively, must be of slatted or 
other floor design that allows for adequate drainage. All floor and 
wall surfaces with which the ruminants, their excrement, or discharges 
have contact must be impervious to moisture and be able to withstand 
frequent cleaning and disinfection without deterioration. Other ceiling 
and wall

[[Page 51732]]

surfaces with which the ruminants, their excrement, or discharges do 
not have contact must be able to withstand cleaning and disinfection 
between shipments of ruminants. All floor and wall surfaces must be 
free of sharp edges that could cause injury to ruminants.
    (D) Ventilation and climate control. The medium security facility 
must be constructed with a heating, ventilation, and air conditioning 
(HVAC) system capable of controlling and maintaining the ambient 
temperature, air quality, moisture, and odor at levels that are not 
injurious or harmful to the health of ruminants in quarantine. Air 
supplied to lot-holding areas must not be recirculated or reused for 
other ventilation needs. HVAC systems for lot-holding areas must be 
separate from air handling systems for other operational and 
administrative areas of the facility. In addition, if the facility is 
approved to handle more than one lot of ruminants at a time, each lot-
holding area must have its own separate HVAC system that is designed to 
prevent cross-contamination between the separate lot-holding areas.
    (E) Lighting. The medium security facility must have adequate 
lighting throughout, including in the lot-holding areas and other areas 
used to examine ruminants and conduct necropsies.
    (F) Fire protection. The medium security facility, including the 
lot-holding areas, must have a fire alarm and voice communication 
system.
    (G) Monitoring system. The medium security facility must have a 
television monitoring system or other arrangement sufficient to provide 
a full view of the lot-holding areas.
    (H) Communication system. The medium security facility must have a 
communication system between the nonquarantine and quarantine areas of 
the facility.
    (I) Necropsy area. The medium security facility must have an area 
that is of sufficient size to perform necropsies on ruminants and that 
is equipped with adequate lighting, hot and cold running water, a 
drain, a cabinet for storing instruments, a refrigerator-freezer for 
storing specimens, and an autoclave to sterilize veterinary equipment.
    (J) Additional storage requirements. Feed storage areas in the 
medium security facility must be vermin-proof. Also, if the medium 
security facility has multiple lot-holding areas, then separate storage 
space for supplies and equipment must be provided for each lot-holding 
area.
    (K) Showers. In a medium security facility, there must be a shower 
at the entrance to the quarantine area. A shower also must be located 
at the entrance to the necropsy area. A clothes-storage and clothes-
changing area must be provided at each end of each shower area. There 
also must be one or more receptacles near each shower so that clothing 
that has been worn in a lot-holding area or elsewhere in the quarantine 
area can be deposited in the receptacle(s) prior to entering the 
shower.
    (L) Restrooms. The medium security facility must have permanent 
restrooms in both the nonquarantine and quarantine areas of the 
facility.
    (M) Break room. The medium security facility must have an area 
within the quarantine area for breaks and meals.
    (N) Laundry area. The medium security facility must have an area 
for washing and drying clothes, linens, and towels.
    (iv) Sanitation. To ensure that proper animal health and biological 
security measures are observed, a privately owned medium or minimum 
security quarantine facility must provide the following:
    (A) Equipment and supplies necessary to maintain the facility in a 
clean and sanitary condition, including pest control equipment and 
supplies and cleaning and disinfecting equipment with adequate capacity 
to disinfect the facility and equipment.
    (B) Separately maintained sanitation and pest control equipment and 
supplies for each lot-holding area if the facility will hold more than 
one lot of ruminants at a time (applicable to medium security 
facilities only).
    (C) A supply of potable water adequate to meet all watering and 
cleaning needs, with water faucets for hoses located throughout the 
facility. An emergency supply of water for ruminants in quarantine also 
must be maintained.
    (D) A stock of disinfectant authorized in Sec.  71.10(a)(5) of this 
chapter or otherwise approved by the Administrator that is sufficient 
to disinfect the entire facility.
    (E) The capability to dispose of wastes, including manure, urine, 
and used bedding, by means of burial, incineration, or public sewer. 
Other waste material must be handled in such a manner that minimizes 
spoilage and the attraction of pests and must be disposed of by 
incineration, public sewer, or other preapproved manner that prevents 
the spread of disease. Disposal of wastes must be carried out under the 
direct oversight of APHIS representatives.
    (F) The capability to dispose of ruminant carcasses in a manner 
approved by the Administrator and under conditions that prevent the 
spread of disease from the carcasses.
    (G) For incineration to be carried out at the facility, 
incineration equipment that is detached from other facility structures 
and is capable of burning wastes or carcasses as required. The 
incineration site must include an area sufficient for solid waste 
holding. Incineration may also take place at a local site away from the 
facility premises. All incineration activities must be carried out 
under the direct oversight of an APHIS representative.
    (H) The capability to control surface drainage and effluent into, 
within, and from the facility in a manner that prevents the spread of 
disease into, within, and from the facility. If the facility is 
approved to handle more than one lot of ruminants at the same time, 
there must be separate drainage systems for each lot-holding area in 
order to prevent cross contamination.
    (v) Security.
    (A) A privately owned medium or minimum security quarantine 
facility must provide the following security measures:
    (1) The facility and premises must be kept locked and secure at all 
times while the ruminants are in quarantine.
    (2) The facility and premises must have signs indicating that the 
facility is a quarantine area and no visitors are allowed.
    (3) The operator must furnish a telephone number or numbers to 
APHIS at which the operator or his or her agent can be reached at all 
times.
    (4) APHIS is authorized to place seals on any or all entrances and 
exits of the facility, when determined necessary by APHIS to ensure 
security, and to take all necessary steps to ensure that the seals are 
broken only in the presence of an APHIS representative. If the seals 
are broken by someone other than an APHIS representative, it will be 
considered a breach in security, and an immediate accounting of all 
ruminants in the facility will be made by an APHIS representative. If a 
breach in security occurs, APHIS may extend the quarantine period as 
long as necessary to determine that the ruminants are free of 
communicable livestock diseases.
    (5) In the event that a communicable livestock disease is diagnosed 
in quarantined ruminants, the Administrator may require that the 
operator have the facility guarded by a bonded security company, at the 
expense of the operator of the facility, in a manner that the 
Administrator deems necessary to ensure the biological security of the 
facility.

[[Page 51733]]

    (B) A privately owned medium security facility also must provide 
the following security measures:
    (1) The medium security facility and premises must be guarded at 
all times by one or more representatives of a bonded security company, 
or, alternatively, the medium security facility must have an electronic 
security system that prevents the entry of unauthorized persons into 
the facility and prevents animals outside the facility from having 
contact with ruminants in quarantine;
    (2) If an electronic security system is used, the electronic 
security system must be coordinated through or with the local police so 
that monitoring of the facility is maintained whenever APHIS 
representatives are not at the facility. The electronic security system 
must be of the ``silent type'' and must be triggered to ring at the 
monitoring site and, if the operator chooses, at the facility. The 
electronic security system must be approved by Underwriter's 
Laboratories. The operator must provide written instructions to the 
monitoring agency stating that the police and an APHIS representative 
designated by APHIS must be notified by the monitoring agency if the 
alarm is triggered. The operator also must submit a copy of those 
instructions to the Administrator. The operator must notify the 
designated APHIS representative whenever a break in security occurs or 
is suspected of occurring.
    (4) Operating procedures. The following procedures must be followed 
at a privately owned medium or minimum security quarantine facility at 
all times:
    (i) APHIS oversight. (A) The quarantine of ruminants at the 
facility will be subject to the strict oversight of APHIS 
representatives authorized to perform the services required by this 
subpart.
    (B) If, for any reason, the operator fails to properly care for, 
feed, or handle the quarantined ruminants as required in paragraph (d) 
of this section, or in accordance with animal health and husbandry 
standards provided elsewhere in this chapter, or fails to maintain and 
operate the facility as provided in paragraph (d) of this section, 
APHIS representatives are authorized to furnish such neglected services 
or make arrangements for the sale or disposal of quarantined ruminants 
at the operator's expense, as authorized in paragraph (a) of this 
section.
    (ii) Personnel. (A) The operator must provide adequate personnel to 
maintain the facility and care for the ruminants in quarantine, 
including attendants to care for and feed ruminants, and other 
personnel as needed to maintain, operate, and administer the facility.
    (B) The operator must provide APHIS with an updated list of all 
personnel who have access to the facility. The list must include the 
names, current residential addresses, and identification numbers of 
each person, and must be updated with any changes or additions in 
advance of such person having access to the quarantine facility.
    (C) The operator must provide APHIS with signed statements from all 
personnel having access to the facility in which the person agrees to 
comply with paragraph (d) of this section and applicable provisions of 
this part, all terms of the compliance agreement, and any related 
instructions from APHIS representatives pertaining to quarantine 
operations, including contact with animals both inside and outside the 
facility.
    (iii) Authorized access. (A) Access to the facility premises as 
well as inside the quarantine area will be granted only to APHIS 
representatives and other persons specifically authorized to work at 
the facility. All other persons are prohibited from the premises unless 
specifically granted access by an APHIS representative. Any visitors 
granted access must be accompanied at all times by an APHIS 
representative while on the premises.
    (B) All visitors, except veterinary practitioners who enter the 
facility to provide emergency care, must sign an affidavit before 
entering the quarantine area, if determined necessary by the overseeing 
APHIS representative, declaring that they will not have contact with 
any susceptible animals outside the facility for at least 7 days after 
contact with the ruminants in quarantine, or for a period of time 
determined by the overseeing APHIS representative as necessary to 
prevent the transmission of communicable livestock diseases of 
ruminants.
    (iv) Sanitary practices. (A) All persons granted access to the 
quarantine area must:
    (1) Wear clean protective work clothing and footwear upon entering 
the quarantine area.
    (2) Wear disposable gloves when handling sick animals and then wash 
hands after removing gloves.
    (3) Change protective clothing, footwear, and gloves when they 
become soiled or contaminated.
    (4) Be prohibited, if determined necessary by the overseeing APHIS 
representative, from having contact with any susceptible animals 
outside the facility for at least 7 days after the last contact with 
ruminants in quarantine, or for a longer period of time determined 
necessary by the overseeing APHIS representative to prevent the 
transmission of livestock diseases.
    (B) All equipment (including tractors) must be cleaned and 
disinfected prior to being used in the quarantine area of the facility 
with a disinfectant that is authorized in Sec.  71.10(a)(5) of this 
chapter or that is otherwise approved by the Administrator. The 
equipment must remain dedicated to the facility for the entire 
quarantine period. Any equipment used with quarantined ruminants must 
remain dedicated to that particular lot of ruminants for the duration 
of the quarantine period or be cleaned and disinfected before coming in 
contact with ruminants from another lot. Prior to its use on another 
lot of ruminants or its removal from the quarantine area, such 
equipment must be cleaned and disinfected to the satisfaction of an 
APHIS representative.
    (C) Any vehicle, before entering or leaving the quarantine area of 
the facility, must be immediately cleaned and disinfected under the 
oversight of an APHIS representative with a disinfectant that is 
authorized in Sec.  71.10(a)(5) of this chapter or that is otherwise 
approved by the Administrator.
    (D) If the facility has a single loading dock, the loading dock 
must be immediately cleaned and disinfected after each use under the 
oversight of an APHIS representative with a disinfectant that is 
authorized in Sec.  71.10(a)(5) of this chapter or that is otherwise 
approved by the Administrator.
    (E) That area of the facility in which a lot of ruminants had been 
held or had access must be thoroughly cleaned and disinfected under the 
oversight of an APHIS representative upon release of the ruminants, 
with a disinfectant that is authorized in Sec.  71.10(a)(5) of this 
chapter or that is otherwise approved by the Administrator, before a 
new lot of ruminants is placed in that area of the facility.
    (F) For medium security facilities only, the following additional 
sanitary practices also must be followed:
    (1) All persons granted access to the quarantine area, must:
    (i) Shower when entering and leaving the quarantine area.
    (ii) Shower before entering a lot-holding area if previously 
exposed from access to another lot-holding area.
    (iii) Shower when leaving the necropsy area if a necropsy is in the 
process of being performed or has just been completed, or if all or 
portions of the examined animal remain exposed.

[[Page 51734]]

    (iv) Be prohibited, unless specifically allowed otherwise by the 
overseeing APHIS representative, from having contact with any ruminants 
in the facility, other than the lot or lots of ruminants to which the 
person is assigned or is granted access.
    (2) The operator is responsible for providing a sufficient supply 
of clothing and footwear to ensure that workers and others provided 
access to the quarantine area of the facility have clean, protective 
clothing and footwear after showering.
    (3) The operator is responsible for the proper handling, washing, 
and disposal of soiled and contaminated clothing worn in the quarantine 
area in a manner approved by an APHIS representative as adequate to 
preclude the transmission of disease within and from the facility. At 
the end of each workday, work clothing worn into each lot-holding area 
and elsewhere in the quarantine area must be collected and kept in bags 
until the clothing is washed. Used footwear must either be left in the 
clothes changing area or cleaned with hot water (148 [deg]F minimum) 
and detergent and disinfected as directed by an APHIS representative.
    (v) Handling of ruminants in quarantine. (A) Each lot of ruminants 
to be quarantined must be placed in the facility on an ``all-in, all-
out'' basis. No ruminant may be taken out of a lot while the lot is in 
quarantine, except for diagnostic purposes, and no ruminant may be 
added to a lot while in quarantine.
    (B) The facility must provide sufficient feed and bedding for the 
ruminants in quarantine, and it must be free of vermin and not spoiled. 
Feed and bedding must originate from a region that has been approved by 
APHIS as a source for feed and bedding.
    (C) Breeding of ruminants or collection of germ plasm from 
ruminants is prohibited during the quarantine period unless necessary 
for a required import testing procedure.
    (D) Ruminants in quarantine will be subjected to such tests and 
procedures as directed by an APHIS representative to determine whether 
the ruminants are free of communicable livestock diseases. While in 
quarantine, ruminants may be vaccinated only with vaccines that have 
been approved by the APHIS representative and licensed in accordance 
with Sec.  102.5 of this chapter.\8\ Vaccines must be administered 
either by an APHIS veterinarian or an accredited veterinarian under the 
direct oversight of an APHIS representative.
---------------------------------------------------------------------------

    \8\ A list of approved vaccines is available from the Animal and 
Plant Health Inspection Service, Veterinary Services, National 
Center for Import and Export, 4700 River Road, Unit 38, Riverdale, 
MD 20737-1231.
---------------------------------------------------------------------------

    (E) Any death or suspected illness of ruminants in quarantine must 
be reported immediately to the overseeing APHIS representative. The 
affected ruminants must be disposed of as the Administrator may direct 
or, depending on the nature of the disease, must be cared for as 
directed by APHIS to prevent the spread of disease.
    (F) Quarantined ruminants requiring specialized medical attention 
or additional postmortem testing may be transported off the quarantine 
site, if authorized by APHIS. A second quarantine site must be 
established to house the ruminants at the facility of destination 
(e.g., veterinary college hospital). In such cases, APHIS may extend 
the quarantine period until the results of any outstanding tests or 
postmortems are received.
    (G) Should the Administrator determine that an animal health 
emergency exists at the facility, arrangements for the final 
disposition of the infected or exposed lot of ruminants must be 
accomplished within 4 workdays following disease confirmation. 
Subsequent disposition of the ruminants must occur under the direct 
oversight of APHIS representatives.
    (vi) Recordkeeping. (A) The operator must maintain a current daily 
log, to record the entry and exit of all persons entering and leaving 
the facility.
    (B) The operator must retain the daily log, along with any logs 
kept by APHIS and deposited with the operator, for at least 2 years 
following the date of release of the ruminants from quarantine and must 
make such logs available to APHIS representatives upon request.
    (5) Environmental quality. If APHIS determines that a privately 
owned medium or minimum security quarantine facility does not meet 
applicable local, State, or Federal environmental regulations, APHIS 
may deny or suspend approval of the facility until appropriate remedial 
measures have been applied.
    (6) Other laws. A privately owned medium or minimum security 
quarantine facility must comply with other applicable Federal laws and 
regulations, as well as with all applicable State and local codes and 
regulations.
    (7) Variances. The Administrator may grant variances to existing 
requirements relating to location, construction, and other design 
features of a privately owned medium security quarantine facility or 
minimum security quarantine facility as well as to sanitation, 
security, operating procedures, recordkeeping, and other provisions in 
paragraph (d) of this section, but only if the Administrator determines 
that the variance causes no detrimental impact to the health of the 
ruminants or to the overall biological security of the quarantine 
operations. The operator must submit a request for a variance to the 
Administrator in writing at least 30 days in advance of the arrival of 
the ruminants to the facility. Any variance also must be expressly 
provided for in the compliance agreement.
    7. Section 93.413 would be revised to read as follows:


Sec.  93.413  Quarantine stations, visiting restricted; sales 
prohibited.

    Visitors are not permitted in the quarantine enclosures during any 
time that ruminants are in quarantine unless the APHIS representative 
or inspector in charge specifically grants access under such conditions 
and restrictions as may be imposed by the APHIS representative or 
inspector in charge. An importer (or his or her accredited agent or 
veterinarian) may be admitted to the yards and buildings containing his 
or her quarantined ruminants at such intervals as may be deemed 
necessary, and under such conditions and restrictions as may be 
imposed, by the APHIS representative or the inspector in charge of the 
quarantine facility or station. On the last day of the quarantine 
period, owners, officers, or registry societies, and others having 
official business or whose services may be necessary in the removal of 
the ruminants may be admitted upon written permission from the APHIS 
representative or inspector in charge. No exhibition or sale shall be 
allowed within the quarantine grounds.


Sec.  93.414  [Amended]

    8. In Sec.  93.414, the first sentence would be amended by adding 
the words ``APHIS representative or'' immediately before the words 
``inspector in charge''.


Sec.  93.434  [Removed and Reserved]

    9. Section 93.434 would be removed and reserved.

    Done in Washington, DC, this 21st day of August 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-21857 Filed 8-27-03; 8:45 am]
BILLING CODE 3410-34-P