Ruminants and Horses Imported From Canada; Importation of Wild Ruminants and Wild Swine

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 92-129-2]

Ruminants and Horses Imported From Canada; Importation of Wild

Ruminants and Wild Swine

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal import regulations to require that

all ruminants imported from Canada for immediate slaughter be handled

in a manner that now is required only for cattle, sheep, and goats

imported from Canada for immediate slaughter. This action is necessary

to help prevent the spread of livestock diseases into the United

States. We are also making two additional amendments. The first will

allow cattle, sheep, and goats imported from Canada for immediate

slaughter to enter the United States without a certificate. The second

will allow zoological parks approved to receive wild ruminants and wild

swine from countries where foot-and-mouth disease or rinderpest exists

to dispose of manure and other animal wastes outside the zoological

park after the animal has been in the park for 1 year. These actions

will relieve regulatory burdens without presenting a significant risk

of introducing livestock diseases into the United States.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling, Staff Veterinarian,

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

Veterinary Services, APHIS, USDA, room 766, Federal Building, 6505

Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 (referred to below as the

regulations) restrict the importation into the United States of

specified animals and animal products in order to prevent the

introduction into the United States of various diseases of livestock

and poultry.

On November 9, 1993, we published in the Federal Register (58 FR

59414-59417, Docket No. 92-129-1) a proposal to make six amendments to

the regulations, as follows: (1) We proposed to amend Sec. 92.317 to

allow blood samples taken from horses for a required test for equine

infectious anemia (EIA) to be drawn within 365 days preceding the

horses' importation into the United States, rather than 180 days, as is

currently required; (2) we proposed to amend Secs. 92.317, 92.418, and

92.419 to allow horses, cattle, sheep, and goats imported from Canada

for immediate slaughter to be imported without a certificate; (3) we

proposed to amend Sec. 92.420 to require that all ruminants imported

from Canada for immediate slaughter (not just cattle, sheep, and goats)

be handled in a specified way to minimize any disease risk to U.S.

livestock; (4) we proposed to amend Secs. 92.404(c) and 92.504(c) to

allow zoological parks that receive wild ruminants and wild swine from

countries where foot-and-mouth disease and rinderpest exists to dispose

of manure and other animal wastes outside the park after the animal has

been in the park for 1 year, provided the animal shows no sign of any

illness at the end of that year; (5) we proposed to update the

regulations in Secs. 92.404(c) and 92.504(c) by removing the reference

to the ``Animal Quarantine Station in Clifton, New Jersey'' and

replacing it with ``Animal Import Center in Newburgh, New York,'' as

the quarantine station in Clifton, New Jersey, is no longer in

operation; and (6) we proposed to amend the regulations in Secs. 92.316

and 92.518 to clarify what we mean by ``directly'', as used in the

phrase ``consigned from the port of entry directly to a recognized

slaughtering establishment.''

We solicited comments concerning our proposal for a 60-day comment

period ending January 10, 1994. We received two comments by that date.

They were from a veterinarian association and a horse industry

association. They are discussed below.

One comment favored the proposed rule, but questioned the part of

the proposal that would allow horses, cattle, sheep, and goats imported

from Canada for immediate slaughter to enter the United States without

a certificate. The commenter noted that the our assertion that the

proposal presents no significant risk of introducing livestock diseases

into the United States depends on the assurance that these animals are

not diverted from slaughter and are not commingled with other

livestock, as well as a determination during inspection at the port of

entry that the animals have not been exposed to communicable disease

within 60 days prior to such inspection. The commenter asked us to

clarify how we ensure the animal is not diverted from slaughter and how

we determine whether or not an animal has been exposed to communicable

disease within 60 days prior to inspection.

In almost all cases, it takes only about 7 days after exposure to a

communicable disease for signs of the disease to appear. Therefore,

inspection at the port of entry almost always reveals an exposed

animal. If signs of a communicable disease are found in an animal that

is part of a shipment of other animals, the entire shipment is denied

importation into the United States. However, even if an exposed animal

being sent to slaughter were to remain undetected during inspection,

the risk of spreading the disease to U.S. animals is negligible,

because slaughter animals move directly to slaughter and are not

commingled with other livestock. To verify that the shipment was not

diverted from slaughter, confirmation of the animals' arrival is sent

from the slaughtering establishment to the port of entry.

The other comment opposed two of the proposed amendments. First,

the commenter was concerned about the proposal to allow blood samples

for the EIA test to be drawn within 365 days preceding a horse's

importation into the United States. The commenter believes that the

length of time is too long and significantly lessens the ability to

prevent the importation of infected horses into the United States.

Second, the commenter was opposed to allowing horses imported from

Canada for immediate slaughter to be imported without a certificate.

We are withdrawing both these portions of the proposed rule. Our

belief that the required time between EIA testing could be extended

without significant risk was based on the low incidence of EIA in

Canada, as established under Canada's current EIA program. Since

publication of the proposal, we have learned that the Department of

Agriculture of the Government of Canada may be making substantial

changes to its EIA program within the next year. We do not wish to

reduce any of our health certification requirements for horses from

Canada until we have more information about Canada's changes to its EIA

program. Therefore, we do not wish to extend our EIA testing

requirement or remove the requirement for a certificate for slaughter

horses at this time. If at a later date we determine that the required

time between EIA tests can be extended to 365 days or that we can

remove the certificate requirement without posing any significant risk

to U.S. livestock, we will repropose the amendments.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule, with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

This final 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.

This rule will require that all ruminants (not just cattle, sheep,

and goats) imported into the United States from Canada for immediate

slaughter be consigned from the port of entry directly to a recognized

slaughtering establishment and there be slaughtered within 2 weeks from

the date of entry. APHIS does not expect that the imposition of these

requirements will increase or decrease the number of ruminants exported

from Canada for immediate slaughter. This rule will not have a

significant economic impact on importers, slaughtering establishments,

or other entities, as the ruminants that will be affected, primarily

bison and deer, normally go directly from the port of entry to

slaughter and are slaughtered within 2 weeks. However, this action is

necessary to ensure that bison, deer, and other ruminants imported for

immediate slaughter are always handled in this way.

This rule also will allow cattle, sheep, and goats imported from

Canada for immediate slaughter to enter the United States without a

certificate. This action will facilitate the importation of cattle,

sheep, and goats from Canada for immediate slaughter, thereby saving

importers some time. It will also save importers the cost of acquiring

a certificate for cattle, sheep, and goats. However, this savings

constitutes an insignificant portion of the cost of importing these

animals.

Finally, this rule will require that zoological parks approved to

receive wild ruminants and wild swine from countries where foot-and-

mouth disease or rinderpest exists dispose of manure and other animal

wastes within the zoological park only for the first year after the

animal enters the zoological park. This amendment will relieve some

burden on approximately 30 zoos that import wild ruminants or wild

swine from countries where foot-and-mouth disease or rinderpest exists.

Each zoo may save an estimated $100 to $1000 each year in disposal

costs, depending on the number of affected animals in the park.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 92 is amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN

ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR

CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

1. The authority citation for part 92 continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

2. Section 92.316 is amended by adding a second and third sentence

to read as follows:

Sec. 92.316 Horses from Canada for immediate slaughter.

* * * Such horses shall be inspected at the port of entry and

otherwise handled in accordance with Sec. 92.306. As used in this

section, ``directly'' means without unloading en route if moved in a

means of conveyance, or without stopping if moved in any other manner.

Sec. 92.404 [Amended]

3. Section 92.404 is amended as follows:

a. In paragraph (c)(1), second sentence, the reference ``(c)(3)''

is removed and ``(c)(4)'' is added in its place.

b. Paragraph (c)(3) is redesignated as paragraph (c)(4).

c. A new paragraph (c)(3) is added to read as set forth below.

d. In newly designated paragraph (c)(4), paragraph 4 of the

agreement, the phrase ``Animal Quarantine Station in Clifton, New

Jersey'' is removed and the phrase ``Animal Import Center in Newburgh,

New York'' is added in its place.

Sec. 92.404 Import permits for ruminants and for ruminant specimens

for diagnostic purposes; and reservation fees for space at quarantine

facilities maintained by APHIS.

* * * * *

(c) * * *

(3) Manure and other animal wastes must be disposed of within the

zoological park for a minimum of 1 year following the date a ruminant

enters the park. If an APHIS veterinarian determines that a ruminant

shows no signs of any illness at the end of this 1-year period, its

manure and other wastes need not be disposed of within the park. If,

however, an APHIS veterinarian determines that a ruminant does show

signs of any illness at the end of this 1-year period, an APHIS

veterinarian will investigate the illness and determine whether the

ruminant's manure and other wastes may safely be disposed of outside

the zoological park.

* * * * *

Sec. 92.418 [Amended]

4. In Sec. 92.418, paragraph (a) is amended by removing the first

word ``Cattle'' and adding the phrase ``Except for cattle imported for

slaughter in accordance with Sec. 92.420, cattle'' in its place.

Sec. 92.419 [Amended]

5. In Sec. 92.419, paragraph (a) is amended by removing the first

word ``Sheep'', and adding the phrase ``Except for sheep and goats

imported for slaughter in accordance with Sec. 92.420, sheep'' in its

place; and paragraph (c) is removed.

6. Section 92.420 is revised to read as follows:

Sec. 92.420 Ruminants from Canada for immediate slaughter.

Any ruminant imported from Canada for immediate slaughter shall be

consigned from the port of entry directly to a recognized slaughtering

establishment and there be slaughtered within 2 weeks from the date of

entry. Such ruminants shall be inspected at the port of entry and

otherwise handled in accordance with Sec. 92.408.

Sec. 92.504 [Amended]

7. Section 92.504 is amended as follows:

a. In paragraph (c)(1), second sentence, the reference ``(c)(3)''

is removed and ``(c)(4)'' is added in its place.

b. Paragraph (c)(3) is redesignated as paragraph (c)(4).

c. A new paragraph (c)(3) is added to read as set forth below.

d. In newly redesignated paragraph (c)(4), paragraph 4 of the

agreement, the phrase ``Animal Quarantine Station in Clifton, New

Jersey'' is removed and the phrase ``Animal Import Center in Newburgh,

New York'' is added in its place.

Sec. 92.504 Import permits for swine and for swine specimens for

diagnostic purposes; and reservation fees for space at quarantine

facilities maintained by APHIS.

* * * * *

(c) * * *

(3) Manure and other animal wastes must be disposed of within the

zoological park for a minimum of 1 year following the date the swine

enters the park. If an APHIS veterinarian determines that the swine

shows no signs of any illness at the end of this 1-year period, its

manure and other wastes need not be disposed of within the park. If,

however, an APHIS veterinarian determines that the swine does show

signs of any illness at the end of this 1-year period, an APHIS

veterinarian will investigate the illness and determine whether the

swine's manure and other wastes may safely be disposed of outside the

zoological park.

* * * * *

8. Section 92.518 is amended by adding a second sentence to read as

follows:

Sec. 92.518 Swine from Canada for immediate slaughter.

* * * As used in this section, ``directly'' means without unloading

en route if moved in a means of conveyance, or without stopping if

moved in any other manner.

Done in Washington, DC, this 25th day of May 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-13289 Filed 5-31-94; 8:45 am]

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