Importation of Hoofs

DEPARTMENT OF AGRICULTURE

9 CFR Part 95

[Docket No. 92-135-2]

Importation of Hoofs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the animal byproduct importation regulations

to allow hoofs that have been disinfected in their country of origin to

be imported into the United States without further processing.

Currently, certain hoofs imported into the United States must be

consigned from the port of first arrival to an approved establishment

having facilities for their disinfection. We have determined, however,

that hoofs that have been adequately disinfected in their country of

origin may be imported into the United States without risk of

introducing disease. This change in the regulations will give importers

of hoofs that require disinfection a choice between importing

disinfected hoofs and importing unprocessed hoofs for disinfection in

the United States.

EFFECTIVE DATE: March 15, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. John H. Gray, Senior Staff

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

Export, Veterinary Services, APHIS, USDA, room 756, Federal Building,

6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 95 (referred to below as ``the

regulations'') contain restrictions on the importation into the United

States of certain animal byproducts and hay and straw in order to

prevent the introduction of certain animal diseases. Among the

regulated animal byproducts are animal hoofs, which, along with bones

and horns, may be imported subject to the restrictions contained in

Secs. 95.11 and 95.12.

On July 13, 1993, we published in the Federal Register (58 FR

37669-37670, Docket No. 92-135-1) a proposal to amend the regulations

to allow hoofs that have been disinfected in their country of origin,

using one of five approved disinfection methods specified in the

proposed rule, to be imported into the United States without additional

treatment. We proposed to require that the hoofs be accompanied by a

certificate issued by the national government of the country of origin

and signed by an official veterinary inspector of that country stating

that the hoofs have been disinfected and describing the manner in which

the disinfection was accomplished.

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

period ending September 13, 1993. We received one comment by that date,

from a veterinary medical association. The comment fully supported our

proposed rule.

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

we are adopting the provisions of the proposal as a final rule without

change.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. This rule removes

restrictions on the importation of hoofs by allowing hoofs that have

been processed in their country of origin to be imported into the

United States without further processing. We have determined that

approximately 2 weeks are needed to ensure that Animal and Plant Health

Inspection Service personnel at ports of entry receive official notice

of this change in the regulations. Therefore, the Administrator of the

Animal and Plant Health Inspection Service has determined that this

rule should be made effective 15 days after publication in the Federal

Register.

Executive Order 12866 and Regulatory Flexibility Act

We are issuing this rule in conformance with Executive Order 12866.

Based on information compiled by the Department, we have determined

that this rule: (1) Will have an effect on the economy of less than

$100 million; (2) will not adversely affect in a material way the

economy, a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local, or tribal

governments or communities; (3) will not create a serious inconsistency

or otherwise interfere with an action taken or planned by another

agency; (4) will not alter the budgetary impact of entitlements,

grants, user fees, or loan programs or rights and obligations of

recipients thereof; and (5) will not raise novel legal or policy issues

arising out of legal mandates, the President's priorities, or

principles set forth in Executive Order 12866.

We have required certain hoofs imported into the United States to

be consigned directly from the port of entry to an approved

establishment that has facilities for their disinfection. This rule

will allow hoofs to be imported into the United States without further

processing if the hoofs have been disinfected using an approved method

in their country of origin. We believe that adding this option will

have little or no economic impact on U.S. importers of hoofs because it

will not significantly decrease their cost of doing business. The

primary impact on these importers will be the added convenience of

having two importation options from which to choose.

The primary use of disinfected hoofs appears to be in the

production of dog chews, but that industry is still in its infancy and

is rather small in terms of production and numbers of producers. Based

on information available to the Department, we estimate that there are

currently fewer than 10 importers of hoofs and approximately 6

producers of dog chews made from hoofs. Using the Small Business

Administration's size criteria of fewer than 100 employees, all of

these businesses would be considered small entities.

We believe that a few of these businesses receive hoofs from both

foreign and domestic sources. Because the industry is small and

relatively new, however, there are no records available concerning the

number of hoofs imported into the United States or the levels of dog

chew production.

The facilities in which hoofs are disinfected handle a variety of

items, with hoofs making up only a small percentage of the total volume

of products processed. Therefore, we anticipate that allowing hoofs to

be processed in their country of origin will have little, if any,

economic impact on domestic processors in terms of lost volume and

revenue.

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 final 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

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 final rule will be submitted for approval to the

Office of Management and Budget.

List of Subjects in 9 CFR Part 95

Imports, Livestock, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 95 is amended as follows:

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),

AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

1. The authority citation for part 95 is revised to read as

follows:

Authority: 21 U.S.C. 111, 136, and 136a; 31 U.S.C. 9701; 7 CFR

2.17, 2.51, and 371.2(d).

2. Section 95.11 is amended as follows:

a. The section heading is revised as set forth below.

b. The undesignated text of the section is designated as paragraph

(a).

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

Sec. 95.11 Bones, horns, and hoofs for trophies or museums;

disinfected hoofs.

* * * * *

(b) Clean, dry hoofs disinfected in the country of origin may be

imported without other restrictions if the following conditions are

met:

(1) The hoofs have been disinfected using one of the following

methods:

(i) Dry heat at 180 deg.F (82.2 deg.C) for 30 minutes;

(ii) Soaking in boiling water for 20 minutes;

(iii) Soaking in a 0.1 percent chlorine bleach solution for 2

hours;

(iv) Soaking in a 5 percent acetic acid solution for 2 hours; or

(v) Soaking in a 5 percent hydrogen peroxide solution for 2 hours.

(2) The hoofs are accompanied by a certificate issued by the

national government of the country of origin and signed by an official

veterinary inspector of that country stating that the hoofs have been

disinfected and describing the manner in which the disinfection was

accomplished.

Done in Washington, DC, this 18th day of February 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-4486 Filed 2-25-94; 8:45 am]

BILLING CODE 3410-34-P