Inspection and Handling of Livestock for Exportation

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 54 and 91

[Docket No. 93-070-1]

Inspection and Handling of Livestock for Exportation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the ``Inspection and Handling of

Livestock for Exportation'' regulations to provide that United States

origin health certificates include all test results, certifications, or

other statements required by the foreign country of destination. This

action appears necessary to ensure that the origin health certificate

contains all of the information required by the foreign country of

destination. We are also proposing to amend the requirements concerning

scrapie for sheep and goats intended for export. This action would

clarify the regulations and make the terminology used in the export

regulations consistent with that used in our domestic scrapie

regulations. We are also proposing to revise one definition in the

domestic scrapie regulations to make the definitions in those

regulations consistent with each other.

DATES: Consideration will be given only to comments received on or

before July 12, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 93-070-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Najam Faizi, Senior Staff

Veterinarian, Import-Export Animals Staff, National Center for Import-

Export, Veterinary Services, APHIS, USDA, room 762, Federal Building,

6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 91, ``Inspection and Handling of

Livestock for Exportation'' (referred to below as the regulations),

prescribe conditions for exporting animals from the United States. The

regulations provide, among other things, that all animals intended for

exportation to a foreign country, except animals intended for

exportation to Mexico or Canada and cattle from Mexico imported into

the United States in bond for temporary feeding and return to Mexico,

must be accompanied from the State of origin of the export movement to

the port of embarkation by an origin health certificate. All animals

intended for exportation to Mexico or Canada, except cattle from Mexico

imported into the United States in bond for temporary feeding and

return to Mexico, must be accompanied from the State of origin of the

export movement to the border of the United States by an origin health

certificate.

The regulations state that the origin health certificate shall

certify that the animals were inspected within the 30 days prior to the

date of the movement of the animals for export, and were found to be

sound, healthy, and free from evidence of communicable disease and

exposure to communicable disease. The origin health certificate, issued

by an Animal and Plant Health Inspection Service (APHIS) representative

or an accredited veterinarian, must be endorsed by an authorized APHIS

veterinarian in the State of origin. The origin health certificate must

also include any test results added by the authorized APHIS

veterinarian pursuant to 9 CFR 161.3, which allows test results to be

added to an origin health certificate after it is issued or signed by

an accredited veterinarian. (Because of a typographical error, the

reference in part 91 is to ``Sec. 161.2.'' As part of this proposed

rule, this reference would be corrected.) The origin health certificate

must individually identify the animals in the shipment as to species,

breed, sex, and age, and, if applicable, must also show registration

name and number, tattoo markings, or other natural or acquired

markings.

In addition to the information described in the preceding

paragraph, a foreign country of destination may require that its health

requirements be added to the origin health certificate. Because these

requirements are not imposed by the United States, and may vary from

export to export depending on the requirements of the destination

country, they are not set out in our regulations. However, unless all

information required by a foreign government is included on the origin

health certificate, that animal may be refused entry into the foreign

country upon export. To help prevent the return of animals to the

United States because they were refused entry in another country, we

are proposing to amend Sec. 91.3 to require that the origin health

certificate include any test results, certifications, or other

statements required by the foreign country of destination.

Exportation of Sheep and Goats

The regulations in 9 CFR part 91 also set forth the conditions

under which sheep and goats are eligible for exportation with regard to

scrapie. Scrapie is a progressive degenerative disease of the central

nervous system of sheep and goats. The signs that become manifest may

include nervousness, incoordination, slight muscular tremors, visible

weight loss, lack of luster in the animal's wool, and itching. Infected

animals become debilitated and die.

The regulations in Secs. 91.6(a)(3) and 91.8(a) provide that a goat

or sheep shall not be exported if it is affected with or exposed to

scrapie; if it originated from, or has been on, any premises which then

were infected or source flock premises; if it is the progeny, sire or

dam, or full or half brother or sister of any animal found to be

affected with scrapie; or if it was moved from premises located in an

area quarantined for scrapie.

Under the current regulations, infected premises are those on which

an animal has been found to be infected with scrapie, and source flock

premises are those premises from which an affected animal was moved

within 18 months or less prior to showing signs of scrapie.

When the 18-month time period was established for source flocks,

existing biological evidence indicated that the incubation period for

scrapie was less than 18 months. Therefore, flocks from which an

affected animal was moved more than 18 months prior to showing signs of

scrapie were not considered to be at risk from the scrapie-affected

animal. However, evidence now available indicates that scrapie develops

more slowly than previously thought, with an incubation period that

could last for years, and that averages more than 18 months. Therefore,

a flock from which a sheep or goat was moved more than 18 months prior

to showing signs of scrapie could be at risk from the affected animal.

We are therefore proposing to amend Secs. 91.6 and 91.8 by removing

footnote 4, which refers to source flock premises as those premises

from which an affected animal was moved within 18 months or less prior

to showing signs of scrapie, and to define ``source flock'' as defined

below.

We are proposing to amend Secs. 91.6 and 91.8 to prohibit the

exportation of scrapie positive animals and all animals from infected

flocks, source flocks, and trace flocks, as defined in both 9 CFR part

54 (which describes the Voluntary Scrapie Flock Certification Program

in place in the United States) and 9 CFR part 79 (which imposes

interstate movement restrictions for sheep and goats). We are also

proposing to prohibit the exportation of exposed animals, as defined in

part 79, and to amend the definition of scrapie-exposed animals in part

54 to update it and make it consistent with the definition of exposed

animal in part 79. The definitions of exposed animal, infected flock,

scrapie-positive animal, source flock, and trace flock, as set forth in

part 79 and part 54 (except for exposed animal), are as follows:

Exposed animal. Any animal which has been in the same flock at the

same time within the previous 60 months as a scrapie-positive animal,

excluding limited contacts. Limited contacts are contacts between

animals that occur off the premises of the flock, and do not occur

during or immediately after parturition for any of the animals

involved. Limited contacts do not include commingling (when animals

concurrently share the same pen or same section in a transportation

unit where there is uninhibited physical contact).

Infected Flock. Any flock in which a Veterinary Services

representative or State representative has determined an animal to be a

scrapie-positive animal. A flock will no longer be an infected flock

after it has completed the requirements of a flock plan.

Scrapie-positive animal. An animal for which a diagnosis of scrapie

has been made by the National Veterinary Services Laboratories, United

States Department of Agriculture, or another laboratory authorized by

the Administrator to conduct scrapie tests in accordance with (9 CFR

part 79), through histological examination of central nervous system

samples from the animal for microscopic lesions in the form of neuronal

vacuoles or spongy degeneration, or by the use of protease-resistant

protein analysis or other confirmation techniques used in conjunction

with histological examination.

Source flock. A flock in which a Veterinary Services representative

has determined that at least two animals, that were diagnosed as

scrapie-positive animals at an age of 54 months or less, were born. In

order to be a source flock, the second scrapie-positive diagnosis must

be made within 60 months of the first scrapie-positive diagnosis. A

flock will no longer be considered a source flock after it has

completed the requirements of a flock plan.

Trace flock. A flock in which a Veterinary Services representative

has determined that one animal, which was diagnosed as a scrapie-

positive animal at an age of 54 months or less, was born.

We consider each of the flocks and animals described in these

definitions to pose a risk of transmitting scrapie. The proposed

changes to the regulations would both ensure that such animals are not

exported, and make the terminology used in part 91 consistent with that

used in our domestic scrapie regulations.

We are making several other changes to the export provisions in

Secs. 91.6(a) and 91.8(a). As noted above, those paragraphs prohibit

the export of a sheep or goat if it was moved from premises located in

an area quarantined for scrapie, or if it is the progeny, sire or dam,

or full or half brother or sister of any animal found to be affected

with scrapie.

The prohibition of the export of sheep and goats from premises in a

quarantined area is outdated. The provisions that formerly were set

forth in part 79 for quarantining areas in which scrapie exists have

been replaced in part 54 with a program focusing on individual flocks.

Therefore, we are proposing to remove the prohibition, in Secs. 91.6(a)

and 91.8(a), of the export of sheep and goats from premises in an area

quarantined for scrapie.

We are also proposing to make nonsubstantive changes to the wording

in Secs. 91.6(a) and 91.8(a). We would replace the words ``sire or

dam'' with the word ``parent,'' and would replace the words ``full or

half brother or sister'' with the word ``sibling.''

Definition of Scrapie-Exposed Animals in 9 CFR part 54

As noted above, the definition of scrapie-exposed animals in part

54 differs from the definition of exposed animals in part 79. The

definition in part 54 reads as follows:

Scrapie-exposed animals. Animals, other than affected or bloodline

animals, in a flock in which an affected animal has been diagnosed by a

Veterinary Services representative or state representative. Animals in

the flock are no longer considered exposed after they are destroyed or

upon the flock's release from surveillance by state animal health

officials.

This definition is outdated and does not reflect current practice.

For instance, we no longer conduct a bloodline program, nor is

surveillance conducted under the current voluntary flock certification

program. The definition of exposed animal in part 79 (set forth above)

was published as part of the current program, and does reflect current

practice. Therefore, we are proposing to amend Sec. 54.1 to remove the

definition of scrapie-exposed animals and to add the same definition of

exposed animal that appears in Sec. 79.1.

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 purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

In accordance with 5 U.S.C. 603, we have performed an Initial

Regulatory Flexibility Analysis regarding the impact of this proposed

rule on small entities. This proposed rule may have a significant

economic impact on a substantial number of small entities. However, we

do not currently have all the data necessary for a comprehensive

analysis of the effects of this rule on small entities. Therefore, we

are inviting comments concerning potential impacts. In particular, we

are interested in determining the number and kind of small entities

that may incur benefits or costs from implementation of this proposed

rule.

Under 21 U.S.C. 105, 113, 120, 121, 612, 613, and 614, the

Secretary of Agriculture is authorized to promulgate regulations to

require inspection and certification of animals intended for export

from the United States, and to take other measures to prevent the

exportation of diseased livestock.

Under this proposed rule, we would require that the origin health

certificate required for animals exported from the United States

include any test results, certifications, or other statements required

by the foreign country of destination. Under this proposed rule, we

would also revise the export regulations in Secs. 91.6(a)(3) and

91.8(a) to make them consistent with the regulations in 9 CFR parts 54

and 79 regarding the Voluntary Scrapie Flock Certification Program.

We anticipate the proposed changes involving certification will

have little or no impact on small domestic exporters. In order for

exporters to sell their animals abroad, the animals must meet the

import requirements of the country of destination. Therefore, it is in

the exporter's interest, even under the current regulations, to ensure

that those requirements are met. The proposed change would require only

that the origin health certificate include all test results,

certifications, or other statements required by the country of

destination. However, estimates of the number of animals and the number

of small entities that would be affected, and the potential costs to

exporters, are not available.

The proposed changes concerning sheep and goats with regard to

scrapie would affect some producers. Under the current regulations in

part 91, sheep and goats from source flock premises may not be

exported, and source flock premises are considered those from which an

animal affected with scrapie was moved within 18 months or less prior

to showing signs of scrapie.

Under the proposed regulations, the export of sheep and goats from

source flocks would continue to be prohibited, but the meaning of

``source flock'' would be revised to mean a flock in which at least two

animals were diagnosed as scrapie-positive animals at an age of 54

months or less, provided the second diagnosis was made within 60 months

of the first, and provided the requirements of a flock plan have not

been completed. This change would make the regulations more

restrictive, and could increase the number of animals prohibited

exportation because they originated in a source flock. However, as of

September 1993, there were only 8 source flocks in the United States.

Although the proposed change would apply to both sheep and goats,

at present the number of goats being exported is minimal.

There are approximately 92,500 sheep farms in the United States,

with approximately 11 million sheep. The large majority of these are

small entities. Ninety-nine percent of the sheep farms in this country

each have annual sales totalling less than $500,000, and approximately

77,000 have fewer than 100 sheep. In 1992, there were approximately

830,000 sheep exported from the United States.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

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.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this proposed rule have been approved by the Office of

Management and Budget (OMB) under OMB control number 0579-0020.

List of Subjects

9 CFR Part 54

Animal diseases, Goats, Indemnity payments, Sheep.

9 CFR Part 91

Animal diseases, Animal welfare, Exports, Livestock, Reporting and

recordkeeping requirements, Transportation.

Accordingly, 9 CFR parts 54 and 91 would be amended as follows:

PART 54--CONTROL OF SCRAPIE

1. The authority citation for part 54 would continue to read as

follows:

Authority: 21 U.S.C. 111, 114, 114a, 134a-134h; 7 CFR 2.17,

2.51, and 371.2(d).

2. Section 54.1 would be amended by removing the definition of

scrapie-exposed animals and by adding, in alphabetical order, a

definition of exposed animal to read as follows:

Sec. 54.1 Definitions.

* * * * *

Exposed animal. Any animal which has been in the same flock at the

same time within the previous 60 months as a scrapie-positive animal,

excluding limited contacts. Limited contacts are contacts between

animals that occur off the premises of the flock, and do not occur

during or immediately after parturition for any of the animals

involved. Limited contacts do not include commingling (when animals

concurrently share the same pen or same section in a transportation

unit where there is uninhibited physical contact).

* * * * *

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

3. The authority citation for part 91 would be revised to read as

follows:

Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,

136, 136a, 612, 613, 614, 618; 46 U.S.C. 466a, 466b; 49 U.S.C.

1509(d); 7 CFR 2.17, 2.51, and 371.2(d).

Sec. 91.3 [Amended]

4. In Sec. 91.3, paragraph (a) would be amended by removing

``Sec. 161.2'' in the fourth sentence and replacing it with

``Sec. 161.3(k) of this chapter'', and by adding a new sentence at the

end of the paragraph to read as follows: ``The origin health

certificate shall include all test results, certifications, or other

statements required by the foreign country of destination.''

5. In Sec. 91.6, paragraph (a)(3) would be revised as set forth

below, and footnote 4 would be removed.

Sec. 91.6 Goats.

(a) * * *

(3) No goat will be exported if it is a scrapie-positive animal or

an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has

ever been in an infected flock, source flock, or trace flock, as

defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or

sibling of any scrapie-positive animal.

* * * * *

6. In Sec. 91.8, paragraph (a) would be revised to read as follows:

Sec. 91.8 Sheep.

(a) No sheep shall be exported if it is a scrapie-positive animal

or an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has

ever been in an infected flock, source flock, or trace flock, as

defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or

sibling of any scrapie-positive animal.

* * * * *

Secs. 91.6 and 91.8 [Amended]

7. In Sec. 91.6, paragraph (a)(5), and Sec. 91.8, paragraph (a)(2),

footnote 5 and the references to footnote 5 would be redesignated as

footnote 4.

Done in Washington, DC, this 9th Day of May, 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-11677 Filed 5-12-94; 8:45 am]

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