[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29769-29779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4811]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-022-2]


Standards for Privately Owned Quarantine Facilities for Ruminants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations for the importation of 
ruminants into the United States to establish standards for privately 
owned quarantine facilities. The regulations have authorized the 
establishment of privately operated quarantine facilities for 
ruminants, which are subject to approval and oversight by the Animal 
and Plant Health Inspection Service, but have not provided 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 adding standards for privately owned 
quarantine facilities covering all ruminants 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: Effective Date: June 23, 2006.

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)

[[Page 29770]]

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.
    On August 28, 2003, we published a proposed rule in the Federal 
Register (68 FR 51716-51734, Docket No. 00-022-1) to amend the 
regulations for the importation of ruminants into the United States to 
establish standards for privately owned quarantine facilities. The 
proposed rule described specific standards for the approval, operation, 
and oversight of such facilities.
    We solicited comments concerning our proposal for 60 days ending 
October 27, 2003. We received two comments by that date, from the 
Australian Department of Agriculture, Fisheries and Forestry and a 
private cattle feeding company. These comments are discussed below.
    Both comments objected to the proposed requirement that ruminants 
destined for a facility more than 1 mile from the port of entry be held 
temporarily in a facility located near the port until they are 
inspected. As proposed, this facility would have been a permanent 
structure. One commenter stated that this practice would prove costly 
and burdensome to importers and stressful to the animals. The commenter 
suggested that an inspection be conducted on board the ship. The other 
commenter stated that land prices and availability within 1 mile of a 
major port of entry would make building temporary or destination 
quarantine facilities there prohibitive.
    We agree that building permanent structures that would serve as 
temporary inspection facilities within 1 mile of the port of entry may 
prove prohibitive for importers. Therefore, our final rule will allow 
the inspection facilities to be temporary structures that may be 
assembled and disassembled as needed. Specifically, we have changed our 
proposed definition of temporary inspection facilities in Sec.  93.400 
and have removed requirements in proposed Sec.  93.412(d)(3)(i)(C)(4) 
that would be unnecessary for temporary port-side structures. These 
include requirements for submitting blueprints of the inspection 
facility, a description of the financial resources available for the 
facility's construction, and copies of State and local permits for 
construction and operation of the facilities. We will require that 
exporters submit a plan for APHIS approval that includes the port of 
entry, a description of the type of temporary facility that they wish 
to use at the port of entry to sort and load ruminants, and the 
source(s) of materials for the facilities.
    One commenter disagreed with the proposed requirement that the 
owner of the quarantine facility pay all expenses for services provided 
by APHIS and place on deposit enough money to cover estimated costs for 
the duration of the quarantine.
    We believe it is appropriate to charge those who benefit directly 
from APHIS' services for the costs of our providing those services. The 
requirement that privately owned quarantine facilities deposit, in 
advance, the amount needed to cover all expenses for the duration of 
the quarantine is a precautionary measure designed to ensure animals 
receive the appropriate care and do not present a disease risk in case 
the company is later unable to pay for these expenses.
    One commenter asked which types of facility, minimum or medium 
security, Australian feeder cattle would be quarantined in.
    The determination regarding which type of facility may be used will 
depend on a country of origin's animal health status at the time of 
exportation. Based on Australia's current animal health status, 
Australian feeder cattle would be quarantined in minimum security 
facilities.
    One commenter noted that our proposal provided that ruminants to be 
quarantined come into the United States only at a port of which 
appropriate Federal personnel are available to provide the necessary 
services and stated that the port of entry needs to be as close as 
possible to the quarantine facility. The commenter appears to suggest 
that the location of privately owned quarantine facilities be 
considered in decisions regarding staffing at ports.
    Few cattle are being shipped to the United States at this time that 
require quarantine. If this number increases, we will respond 
appropriately so that staff at the maritime ports at which the cattle 
would arrive will be able to continue providing necessary services.
    In addition to the issues discussed above, the commenters raised 
issues that were outside the scope of this rulemaking. These issues 
pertain to the post-arrival quarantine of ruminants, which was not 
addressed in the proposed rule.
    Specifically, the commenters argued that our mandatory 30-day post-
arrival quarantine, which would follow a 60-day pre-export quarantine 
period under the current regulations in addition to transit time, was 
too lengthy. One of these commenters stated that Australian feeder 
cattle that may be imported into the United States should not be 
required to undergo the 30-day post-arrival quarantine.
    These issues are outside the scope of this rulemaking. Our proposed 
rule addressed only standards for privately owned quarantine facilities 
for ruminants and did not propose any changes to existing quarantine 
requirements for imported ruminants.

Miscellaneous Changes

    In addition to the changes noted previously, we are also making 
several nonsubstantive changes to this rule. After the proposed rule 
was published, the Office of International Epizooties (OIE) changed its 
name to the World Organization for Animal Health (OIE). We have changed 
all references to the Office of International Epizooties in the rule 
portion of this document to reflect this change. In addition, OIE has 
changed its disease classifications from List A and B to listed 
diseases. We have changed all references to ``OIE List A diseases'' to 
``OIE listed diseases.''
    In several locations, our proposal listed ``Unit 38'' in the 
address for the National Center for Import and Export, but the correct 
unit number is 39. We have replaced all occurrences of ``Unit 38'' with 
``Unit 39.''
    In proposed Sec.  93.412(d)(3)(v)(B)(2) we stated that quarantine 
facilities would have to be equipped with an alarm system approved by 
Underwriter's Laboratories. In this final rule, we have removed the 
statement requiring Underwriter's Laboratories approval because we 
believe it is unnecessary. It is APHIS' position that very few, if any, 
alarm systems will be available on the market without Underwriter's 
Laboratories approval.
    As proposed, Sec.  93.412 (d)(4) contained some errors that we are 
correcting in this final rule. Specifically, paragraphs (d)(4)(iii)(B) 
and (d)(4)(iv)(A)(4) of this final rule prohibit contact with any 
susceptible animals outside the facility for 5 days rather than 7 days. 
Also, proposed Sec.  93.412 (d)(4)(iv)(F)(1)(i) stated that all persons 
granted access to a medium security facility quarantine area would have 
to shower when entering and leaving the quarantine area. It is not 
customary to require individuals to shower when entering quarantine 
facilities, only when leaving them. Therefore, we have changed this 
provision in our final rule by removing the showering when entering 
requirement. In addition, proposed Sec.  93.412 (d)(4)(iv)(F)(2) stated

[[Page 29771]]

that quarantine facility operators would be required to provide 
clothing and footwear to ensure that workers and others provided access 
to the quarantine area have clean, protective clothing and footwear 
after showering. Since showering will not be required prior to entering 
the quarantine area, Sec.  93.412 (d)(4)(iv)(F)(2) of this final rule 
states that quarantine facility operators must ensure that workers and 
others provided access to the quarantine area have clean, protective 
clothing and footwear before entering the facility. Finally, we have 
corrected the address of where individuals can obtain a list of 
approved vaccines for ruminants in quarantine. That address is in Sec.  
93.412(d)(4)(v)(D), footnote 8.
    In our proposed rule, we proposed to add a definition of area 
veterinarian in charge. Following the publication of our proposed rule, 
we published in the Federal Register (70 FR 71213-71218, Docket No. 03-
080-8) an interim rule in which we added a definition for area 
veterinarian in charge. Therefore, in this final rule we are not adding 
the term area veterinarian in charge to the definitions section.
    Our proposal included existing provisions which allowed APHIS to 
seize and sell ruminants from quarantine facilities under circumstances 
in which APHIS was not fully compensated for its services. We believe 
this requirement is no longer necessary due to the provisions of the 
compliance agreement in Sec.  93.412 (d)(2). These provisions include, 
among other things, that prior to entering into a compliance agreement, 
an operator must obtain insurance or a 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. We believe that these provisions will 
preclude any circumstances under which APHIS would have to seize and 
sell animals for failure to pay. Therefore, in Sec.  93.412 (a) of this 
final rule, we have removed language regarding seizing and selling 
animals and instead, point to the provisions of our compliance 
agreement in paragraph (d)(2).
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. 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. 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 generally 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 amending our regulations and 
publishing standards for approval and oversight of such facilities. The 
standards are 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.
    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, we are removing from our regulations the 
existing standards for the approval of privately operated quarantine 
facilities for sheep or goats.
    Over the 14-year period 1991-2004, U.S. bovine imports averaged 
more than 2.1 million head per year, with an annual average nominal 
value of $1.1 billion. In comparison, the U.S. cattle inventory has 
averaged about 99 million head over this period. According to the 2002 
Census of Agriculture, the value of U.S. cattle and calf sales in that 
year was approximately $45 billion, based on the sale of 74 million 
head. Thus, bovine imports represent about 2 percent of the U.S. cattle 
and calf population, and less than 3 percent, by value, of domestic 
sales.
    Nearly all bovines imported by the United States come from Canada 
and Mexico. Prior to the discovery of bovine spongiform encephalopathy 
(BSE) in Canada in May 2003, Canada was the main foreign supplier. 
Currently, Mexico is the primary source of imports. In 2002, Canada 
exported nearly 1.7 million bovine and Mexico exported more than 
800,000 bovine into the United States. Following the Canadian BSE 
discovery in May 2003, bovine imports from Canada were restricted for a 
little over 2 years, until July 2005. Imports from Mexico averaged 1.3 
million head per year in 2003 and 2004.
    During the 14-year period 1991-2004, bovine imports from countries 
other than Canada and Mexico averaged only 87 head per year. In 2002, 
the only other sources of bovine imports were Australia (4 head) and 
Guatemala (1 head). In 2003, the only bovine imports other than those 
supplied by Canada and Mexico were 12 head imported from New Zealand. 
In 2004, all of the bovines imported by the United States came from 
Mexico (1.37 million head) and Canada (135 head).
    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 have generally not 
been subject to quarantine as a condition of entry into the United 
States. However, bovine imports from countries other than Canada and 
Mexico may become more substantial, depending on the number and type of 
facilities (medium or minimum security facility) that are approved for 
operation.
    From 1991-2002, U.S. sheep imports averaged 51,268 head annually, 
showing an increase from about 23,000 head in 1991 to about 139,000 
head in 2002. Canada dominated this market as well, prior to the 2003 
BSE discovery, supplying more than 99 percent of U.S. sheep imports. 
Numbers of sheep imported from all other countries have been very small 
(12 head from Australia in 2003, 20 head from Mexico in 2004). The 
annual average nominal value of sheep imports in the 1991-2002 period 
was approximately $54 million. After BSE was discovered in Canada in 
May 2003, we began prohibiting imports of

[[Page 29772]]

live ruminants from Canada. Therefore, in 2003, the value of sheep 
imports fell to $7.1 million and in 2004, it totaled only $16,000 due 
to BSE import restrictions on Canada.
    U.S. imports of goats in 1994 (28,912 head) greatly exceeded the 
number imported in all other years of the period from 1991-2002. When 
this year is excluded, annual import levels over the period averaged 
2,244 head, with more than 80 percent supplied by Canada. The annual 
average nominal value of goat imports from 1991-2002 (excluding 1994 
imports) was about $400,000 ($178 per head). There were 11,874 goats 
imported by the United States in 2002, of which 9,948 head (84 percent) 
were supplied by Canada. In 2003, 5,967 and 1,486 goats were imported 
from Canada and Australia, respectively, valued at about $600,000. In 
2004, only 147 goats valued at $14,000 were imported, all from 
Australia.
    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 rule will not adversely affect any such 
entities, large or small. However, should one or more privately owned 
quarantine facility 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.
    APHIS does not expect this rule to have a major effect on the 
number of cattle, sheep, and goats imported by the United States, given 
the historically small import percentages supplied by countries other 
than Canada (prior to May 2003) and Mexico. Moreover, the total import 
levels, themselves, are small in comparison to U.S. production levels.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment has not been prepared for this final 
rule. Because the environmental impacts that will result from this 
action 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 and we will invite public comment 
on each site-specific environmental assessment.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0232.

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 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.


0
Accordingly, we are amending 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues 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.


0
2-3. Section 93.400 is amended by revising the footnotes to the 
definitions of immediate slaughter and recognized slaughtering 
establishment and by adding, in alphabetical order, new definitions for 
Federal veterinarian, lot, lot-holding area, nonquarantine area, 
operator, privately owned medium security quarantine facility (medium 
security facility), privately owned minimum security quarantine 
facility (minimum security facility), quarantine area, State 
veterinarian, temporary inspection facility, World Organization for 
Animal Health (OIE) to read as follows:


Sec.  93.400  Definitions.

* * * * *
    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 in any State is available from 
the Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import and Export, 4700 River Road Unit 39, 
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

[[Page 29773]]

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.
* * * * *
    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 listed 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 listed 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 temporary facility that is 
constructed of metal panels that can be erected and broken down 
alongside the transportation vessel carrying ruminants that are 
imported into the United States in accordance with Sec.  93.408 of this 
subpart and that will be quarantined at a minimum or medium security 
quarantine facilities located more than 1 mile from the port of entry.
* * * * *
    World Organization for Animal Health (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.
* * * * *

0
4. In Sec.  93.403, paragraph (g) is 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, 93.404(a), 93.407, 93.408, and 93.412 are met.


Sec.  93.404  [Amended]

0
5. In Sec.  93.404, paragraph (a)(1) is 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;''.

0
6. In Sec.  93.412, paragraphs (a) and (c) are revised and a new 
paragraph (d) and OMB citation at the end of the section are 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. 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 as 
specified in the compliance agreement required under paragraph (d)(2) 
of this section.
* * * * *
    (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

[[Page 29774]]

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 39, 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 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 in 
any State is available from the Animal and Plant Health Inspection 
Servcie, Veterinary Services, National Center for Import and Export, 
4700 River road Unit 39, 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

[[Page 29775]]

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 to allow for the inspection of the imported 
ruminants by a Federal or State veterinarian prior to 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 
port of entry; a description of the temporary inspection facility; and 
the anticipated source(s) of the materials to be used for the facility.
    (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 a 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

[[Page 29776]]

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 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

[[Page 29777]]

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.
    (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 
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 
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

[[Page 29778]]

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 5 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 5 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 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.
    (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 before entering the facility.
    (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 Center for 
Veterinary Biologics, USDA, APHIS, VS, 510 south 17th Street6, Suite 
104, Ames, IA 50010.
---------------------------------------------------------------------------

    (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

[[Page 29779]]

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.


(Approved by the Office of Management and Budget under control number 
0579-0232)


0
7. Section 93.413 is 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]

0
8. In Sec.  93.414, the first sentence is amended by adding the words 
``APHIS representative or'' immediately before the words ``inspector in 
charge''.

0
9. In the undesignated center heading ``Mexico'' before Sec.  93.424, 
redesignate footnote 9 as footnote 10.

0
10. In the undesignated center heading ``Central America and West 
Indies'' before Sec.  93.422, redesignate footnote 8 as footnote 9.

0
11. In the undesignated center heading ``Canada'' before Sec.  93.417, 
redesignate footnote 7 as footnote 8.


Sec.  93.434  [Removed and Reserved]

0
12. Section 93.434 is removed and reserved.

    Done in Washington, DC, this 19th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4811 Filed 5-23-06; 8:45 am]
BILLING CODE 3410-34-P