Animal Export Inspection Facilities

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

Livestock for Exportation'' regulations by establishing additional

standards for export inspection facilities. This action would ensure

that all export inspection facilities have running water and water

drainage systems, storage areas, and telephone. This action would also

require facilities where horses are inspected to have walkways in front

of stalls and ceiling height adequate for horses.

We are also proposing to require that animals intended for export

be inspected within 24 hours of embarkation and to make a minor

language change to the regulations for the sake of clarity.

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

before August 22, 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. 93-122-1. 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 state, among other things, that all animals, except animals

being exported to Canada or Mexico, must be exported through designated

ports of embarkation.

To receive designation as a port of embarkation, a port must have

export inspection facilities available for the inspection, holding,

feeding, and watering of animals prior to exportation to ensure that

the animals meet certain requirements specified in the regulations. To

receive approval as an export inspection facility, the regulations

provide that a facility must meet the specified standards in

Sec. 91.14(c) concerning materials, size, inspection implements,

cleaning and disinfection, feed and water, access, testing and

treatment, location, disposal of animal wastes, lighting, and office

and rest room facilities.

We are proposing to establish additional standards in Sec. 91.14(c)

for export inspection facilities. We propose to require the following:

1. Export inspection facilities that examine horses must have

ceilings at least 12 feet high in any areas where horses will be. This

is the minimum height necessary to accommodate horses, which may rear

up.

2. Every export inspection facility must have running water and a

water drainage system. The drainage system must be able to control

surface drainage into or from the facility in a manner that prevents

any significant risk of livestock diseases being spread into or from

the facility. While current regulations in Sec. 91.14(c)(5) require

that facilities have only ``an ample supply of potable water,'' we

believe that running water and a drainage system are necessary to

adequately water the animals, to clean and disinfect the facility, and

to prevent the spread of disease.

We have determined that not all currently approved export

inspection facilities have water drainage systems and that these

proposed requirements could thus compel these facilities to make

structural changes. Therefore, we would allow these facilities 2 years

from the effective date of the final version of this rule to install a

water drainage system that prevents any significant risk of livestock

diseases being spread into or from the facility. However, all

facilities would be required to have running water upon the effective

date of the final version of this rule.

3. Every export inspection facility must have a storage area for

equipment that may accompany horses and other export animals. The area

must be able to protect equipment from weather conditions.

4. Every export inspection facility must have a telephone. A

telephone is necessary to notify an Animal and Plant Health Inspection

Service (APHIS) representative, an accredited veterinarian, or the

exporter in the event of an emergency, such as sudden onset of illness

among animals to be exported. A telephone is also necessary to make

reservations, cancellations, or changes regarding the arrival time of

animals.

5. Export inspection facilities for examining horses must have

walkways in front of the animal stalls. Walkways must be wide enough

that APHIS personnel can monitor and inspect animals without having to

enter animal stalls. This requirement is essential for safety reasons,

as horses may kick while being inspected.

Miscellaneous

The regulations in Sec. 91.3(a) require that certain animals

intended for export to Mexico or Canada be accompanied from the State

of origin to the United States border by an origin health certificate.

In addition to other requirements, this certificate must certify that

the animals were inspected within the 30 days prior to their movement

for export and that they ``were found to be sound, healthy, and free

from evidence of communicable disease and exposure thereto.'' We are

proposing to remove the word ``sound'' from this section, as it is too

vague to be enforceable.

We are also proposing to amend the regulations in Sec. 91.15(a).

The regulations in 91.15(a) require that animals be inspected by an

APHIS veterinarian prior to export, but do not specify a time frame

prior to export during which animals must be inspected. We are

proposing to require that all animals intended for export be inspected

by an APHIS veterinarian within 24 hours of embarkation. Because

animals may become ill shortly before embarkation, and because we do

not want sick or diseased animals to be exported from the United

States, we believe it is imperative that animals be inspected by an

APHIS veterinarian within 24 hours of embarkation.

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.

This proposed rule, if adopted, would establish additional

standards for animal export inspection facilities by requiring all

facilities to have adequate running water and water drainage systems,

storage areas, and a telephone. This action would also require

facilities where horses are inspected to have walkways in front of

stalls and ceiling height adequate for horses.

Though a small number of facilities do not have water drainage

systems, all of the facilities currently approved for export inspection

already meet all of the other additional standards proposed here. We

are proposing, therefore, only to codify existing industry practices.

We anticipate that this proposal will have an economic impact on the

few existing export inspection facilities without drainage systems.

Information was not available to us for determining the economic

impact of requiring that water drainage systems be installed in

facilities not already so equipped. However, we have tried to minimize

any economic impact by proposing to allow these facilities 2 years from

the effective date of the final version of this rule to install water

drainage systems. Allowing these facilities 2 years to install the

water drainage systems would ease the economic impact of this new

standard, as affected facilities would have additional time to shop for

different drainage system options and would be able to spread out the

costs of installation.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

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

entities.

Executive Order 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

This document 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 91

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

recordkeeping requirements, Transportation.

Accordingly, 9 CFR part 91 would be amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

1. 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]

2. In Sec. 91.3, paragraph (a), the third sentence would be amended

by removing the phrase ``sound, healthy,'' and adding the word

``healthy'' in its place.

3. Section 91.14 would be amended as follows:

a. Paragraph (c)(2) would be amended by adding a new sentence at

the end of the paragraph to read as set forth below.

b. Paragraph (c)(4) would be amended by adding two new sentences at

the end of the paragraph to read as set forth below.

c. Paragraph (c)(5) would be amended by adding the word

``running,'' immediately following the phrase ``An ample supply of'' in

the first sentence.

d. Paragraph (c)(11) would be amended by adding a new sentence at

the end of the paragraph to read as set forth below.

e. New paragraphs (c)(12) and (c)(13) would be added to read as set

forth below.

Sec. 91.14 [Amended]

* * * * *

(c) * * *

(2) * * * Facilities that inspect horses must have ceilings at

least 12 feet high in any areas where horses will be kept.

* * * * *

(4) * * * All facilities must have running water available to wash

and disinfect the facilities. On and after [Insert effective date of

final rule], facilities to be approved must have a drainage system;

and, on and after [Insert date 2 years after effective date of final

rule], every facility approved before [Insert effective date of final

rule] must have a drainage system. The drainage system must control

surface drainage into or from the facility in a manner that prevents

any significant risk of livestock diseases being spread into or from

the facility.

* * * * *

(11) * * * The facility must have a working telephone.

(12) Storage areas. Facilities must have storage areas adequate to

store any equipment accompanying the animals and to protect equipment

from weather conditions.

(13) Walkways. Facilities where horses are inspected must have

walkways in front of horse stalls wide enough to allow APHIS personnel

to monitor and inspect horses without entering individual stalls.

Sec. 91.15 [Amended]

8. In Sec. 91.15, paragraph (a), the phrase ``within 24 hours of

embarkation'' would be added immediately following the phrase ``shall

be inspected''.

Done in Washington, DC, this 15th day of June 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-15037 Filed 6-20-94; 8:45 am]

BILLING CODE 3410-34-P