Importation of Ratites and Hatching Eggs of Ratites

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 93-137-1]

Importation of Ratites and Hatching Eggs of Ratites

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are providing that ratites and hatching eggs of ratites may

not be imported into the United States unless specified identification

and recordkeeping requirements regarding their origin and movement are

met in the country of export. This action is necessary to help ensure

that ratites and hatching eggs of ratites that could pose a disease

risk to poultry and livestock in the United States are not imported

into this country.

DATES: Interim rule effective March 8, 1994. Consideration will be

given only to comments received on or before May 9, 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. 93-137-1. 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 encouraged to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff

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

Export, Veterinary Services, APHIS, USDA, room 768, Federal Building,

6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-5907.

SUPPLEMENTARY INFORMATION:

Background

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

regulations) regulate the importation of certain animals and birds,

including ostriches and other flightless birds known as ratites, and

their hatching eggs, to prevent the introduction of communicable

diseases of livestock and poultry.

Section 92.101 of the regulations imposes general restrictions on

the importation of ratites and hatching eggs of ratites, including the

requirement that they be produced by a pen-raised flock and, in the

case of ratites, be maintained in a pen-raised flock. This requirement

is necessary to help ensure that ratites imported into the United

States are not wild-caught birds that may have been exposed to

communicable diseases and that may not have a known health history.

Section 92.103(a) of the regulations requires that an application

to import ratites or hatching eggs of ratites specify the number of

ratites or hatching eggs intended for importation. Section

92.103(a)(2)(iii) provides that a permit to import ratites or hatching

eggs of ratites will be denied or withdrawn unless a representative of

the Animal and Plant Health Inspection Service (APHIS) has visited the

premises where the flock of origin is kept within the 12-month period

before the intended importation, and has determined that the flock is

pen-raised and contains sufficient breeding pairs to produce the number

of ratites or hatching eggs intended for importation.

Section 92.104 requires that ratites or hatching eggs of ratites

imported into the United States be accompanied by a certificate that

certifies, among other things, that the flock of origin is pen-raised

and the ratites covered by the certificate were produced by and

maintained in that flock. These provisions are necessary to help ensure

that ratites and hatching eggs that are not produced by a pen-raised

flock, and that consequently pose a potential health risk, are not

brought into the flock and subsequently imported into the United

States.

However, based on our experience enforcing the regulations, we have

found that, even with the requirements described above, it can

sometimes be difficult to monitor the number of ratites and hatching

eggs being exported from certain flocks. We believe this difficulty in

monitoring has led to occasions where smuggled or wild-caught ratites

or hatching eggs of such ratites have been brought into a flock, then

imported into the United States, purportedly as a pen-raised part of

that flock.

The regulations in Sec. 92.106(b) contain requirements for the

quarantine of ratites and hatching eggs of ratites upon arrival in the

United States. Although we consider these requirements for quarantine

to be effective in identifying and preventing the entry of ratites with

communicable diseases, the increased risk presented by smuggled or

wild-caught ratites jeopardizes the health of other ratites in

quarantine and unnecessarily increases the risk of the entry of a

ratite with a communicable disease.

Therefore, in this interim rule, we are establishing provisions

that require identification of all ratites and hatching eggs of ratites

in flocks from which ratites or hatching eggs of ratites are intended

for importation into the United States, and that require strict

monitoring and recordkeeping of the number of ratites and hatching eggs

produced in, brought into, or exported from a flock. These

requirements, discussed below, will help ensure that only ratites and

hatching eggs of ratites pen-raised on approved premises are imported

into the United States.

We are requiring in Sec. 92.101(b)(3)(i)(B) (newly added in this

interim rule) that each ratite produced in a flock from which ratites

or hatching eggs of ratites are intended for importation into the

United States be identified with an identification number by means of a

microchip implanted in the pipping muscle at 1-day of age. We are also

requiring that each ratite added to the flock from outside the flock be

identified by means of microchip upon arrival in the flock, and that

each ratite already in the flock as of the effective date of this

interim rule be identified before the next visit to the premises by an

APHIS representative under Sec. 92.101(a)(2)(iii) (discussed above).

Unlike our requirement for the 1-day-old chicks, however, we are not

requiring that the microchip be implanted in any specified location on

the older birds.

The microchip identification required by this interim rule will

make possible a cross-referencing system by which the Department and

the national government of the country from which the ratites are to be

exported can help ensure that only ratites and hatching eggs of ratites

from pen-raised flocks on approved premises are imported into the

United States.

We are requiring microchip identification, rather than some other

form of identification, because we have determined that it is the most

effective and humane form of identification for ratites. External forms

of identification such as tags can be easily removed or switched. This

is less likely to happen with an imbedded microchip. Because of the

thin hide of a ratite, we do not consider hot-iron branding to be

effective or humane.

Based on importations to date, we expect virtually all ratites

imported into the United States to be those required to be microchipped

at 1-day of age. The pipping muscle, located behind the head of a

ratite chick, is enlarged at the time of hatching to assist the chick

in breaking through the shell. Requiring the microchip to be implanted

in the same place for each such ratite will facilitate our reading of

the microchips and make it easier to determine if a ratite has been

identified (discussed below under the heading ``Microchip Readers'').

Because the pipping muscle decreases in size as a ratite grows, it

would not be practicable to require that it be the site of implantation

for older ratites. However, as noted above, we expect few older ratites

to be imported into the United States, and are therefore not requiring

that such ratites be microchipped at any particular location on their

body.

As part of the cross-referencing system made possible by the

microchip identification, we are requiring that the country from which

ratites or their hatching eggs are exported have in place procedures

and requirements, discussed below, for monitoring the number of ratites

or hatching eggs of ratites produced on each premises over a set

production season. (We are adding to the regulations a definition of

production season, discussed below under the heading ``Definition of

Production Season.'')

Under Sec. 92.101(b)(3)(i)(I) of this interim rule, a production

ceiling for each premises must be set. The ceiling is to be calculated

jointly by a full-time salaried veterinary officer of the national

government of the country of export and the APHIS representative who

visits the premises prior to an import permit being issued. The ceiling

is based on the number of eggs that the ratites in the flock can

reasonably be expected to produce over a given production season. The

ceilings established will take into account not only the number of

ratites in the flock, but also factors such as the age and the type of

the ratites. Establishing this ceiling will help prevent ratites and

hatching eggs of ratites from being ``laundered'' through the flock for

importation into the United States.

Under Sec. 92.101(b)(3)(i)(C) of this interim rule, on the date

that each hatching egg is produced in a flock from which ratites or

hatching eggs of ratites are intended for importation into the United

States, the hatching egg must be marked in indelible ink with the date

of production.

Under Sec. 92.101(b)(3)(i)(D) of this interim rule, the owner or

manager of a premises from which ratites or hatching eggs of ratites

are intended for importation into the United States is required to

maintain on a daily basis registers listing the following: (1) Number

of live ostriches hatched in the flock, added to the flock, or removed

from the flock, including microchip identification number; (2) number

of eggs produced in the flock and date of production, and number of

eggs removed from the flock and date of production; and (3) number of

eggs in incubator/hatcher and date of production. The owner or manager

of the premises must submit a copy of the registers to the National

Veterinary Service of the country of export on a quarterly basis. When

the national government receives these registers, it must in turn

submit a copy to the APHIS Administrator on a quarterly basis.

Under Sec. 92.101(b)(3)(i)(F) of this interim rule, the national

government of the country of export, using these registers, must

maintain a registry of premises. In this registry, the national

government is required to list each ratite according to its microchip

number. The national government is also required to maintain a count of

hatching eggs of ratites produced on the premises. Under

Sec. 92.10(b)(3)(i)(G) of this interim rule, no premises may be added

to the registry until a veterinary officer of the national government

or an employee of that government responsible for the protection of

fish and wildlife visits the premises and determines that all ratites

and hatching eggs of ratites on the premises are identified as

required.

Under Sec. 92.101(b)(3)(i)(J) of this interim rule, the country

from which the eggs are exported must also conduct random inspections

of premises that have been added to the registry. These inspections

must be conducted at least twice for each production season for each

premises, and must be carried out either by a veterinary officer of the

national government of the country of export or an employee of that

government responsible for the protection of fish and wildlife. The

inspector must determine whether all ratites and hatching eggs of

ratites are identified as required, and will use the markings on the

eggs to determine whether the number of eggs in the flock are within

the ceiling established for the flock. Ratites or hatching eggs not

identified as required will be ineligible for the export certificate

required under Sec. 92.104(a) of the regulations (discussed below). The

results of these inspections, as well as the results of the initial

inspection described in the preceding paragraph, must be recorded on

the copy of the quarterly reports that the country of export must send

to the Administrator. Based on this information, APHIS will deny or

withdraw an import permit for ratites or hatching eggs of ratites from

any premises on which all ratites and hatching eggs are not marked as

required.

These requirements, taken together, will make it easier to detect

incidence of birds or eggs being smuggled onto a premises. The initial

visit to the premises, described above, along with the calculation of a

production ceiling, will establish how many ratites are on the premises

and the number of hatching eggs they can reasonably be expected to

produce. The registers, microchip identification, and subsequent site

inspections will help ensure that the number of ratites and hatching

eggs on or leaving the premises are consistent with those initial

calculations.

Under this interim rule, the Department and the national government

of the country of export will be able to monitor the number of ratites

and eggs exported from the flocks to the United States by means of the

health certificate required under Sec. 92.104 of the regulations. Under

the existing regulations, this certificate must accompany ratites or

hatching eggs of ratites imported into the United States. It is issued

by a full-time salaried veterinary officer of the national government

of the exporting country. Under the existing regulations, it contains

information regarding the health of the flock, and the origin and

handling of ratites and hatching eggs of ratites imported into the

United States.

In this interim rule, we are adding to Secs. 92.104 (c) and (d) the

requirement that a certificate contain the certification that the flock

from which ratites or hatching eggs of ratites are exported has not

exceeded the ceiling on production established under this interim rule.

We are also requiring that the certificate indicate the number of

ratites or hatching eggs of ratites being shipped to the United States.

By comparing this information with the information on the registers and

with the ceiling on production calculated under this interim rule, both

the Department and the national government of the country of origin

will be able to determine the number of ratites and hatching eggs left

available for export during a given production season. We are also

requiring that the certificate indicate that all ratites in the flock

from which the hatching eggs come were identified in accordance with

Sec. 92.101(b)(3)(i)(B).

We recognize that flock owners may wish to replenish or increase

their breeding stock by bringing ratites into the flock from another

flock. In order to account for birds being added to the flock, we are

requiring in Sec. 92.101(b)(3)(i)(G) that each premises from which

ratites or hatching eggs of ratites are exported to the United States

receive approval from the National Veterinary Service of that country

before ratites are added to the premises from outside the premises. We

are also requiring that the national government provide that ratites

may not be added to a flock during a production season. This

restriction is necessary to facilitate the quota system established by

this interim rule.

Microchip Readers

We are also providing that, as a condition of importing ratites

into the United States, the person intending to import the ratites

provide the APHIS veterinary inspector at the intended port of entry

with a reader capable of reading the microchip identification of each

of the ratites. This will enable APHIS to determine whether the ratites

are identified as required. Importing ratites not properly identified,

and not providing a reader capable of reading the microchips, will be a

violation of the regulations and the ratites will be refused entry.

Denial or Withdrawal of Import Permit

Section 92.103 of the existing regulations requires, among other

things, that an importer apply for and obtain an import permit from

APHIS before importing ratites or hatching eggs of ratites into the

United States. We are providing in this interim rule that a permit will

be denied or withdrawn if the importer or a person responsibly

connected with the importer's business, or the operator of the farm of

the flock of origin, or a person responsibly connected with the owner

of the flock of origin, is or has been convicted of any crime under any

law regarding the import or export of goods, regarding the illegal

movement of goods within a country, or involving fraud, bribery,

extortion or any other crime involving a lack of the integrity needed

for the conduct of operations affecting the importation of ratites, as

determined by the Administrator.

For the purposes of the regulations, a person shall be deemed to be

responsibly connected with the importer's business or the owner of the

flock of origin if such person has an ownership, mortgage, or lease

interest in the physical plant of the importer's business or the farm

of the flock of origin, or if such person is a partner, officer,

director, holder or owner of 10 per centum or more of the voting stock

of the importer's business or the farm of the flock of origin, or is an

employee of the importer or the owner of the flock of origin.

These provisions regarding denial or withdrawal of a permit are

based on those set forth in Sec. 92.106(c)(6) regarding the denial of

approval and removal of approval of a commercial bird quarantine

facility. We consider these provisions necessary to reduce the risk

that attempts will be made to import smuggled birds into the United

States.

We are also setting forth in Sec. 92.103(a)(2)(vii) provisions that

provide for the notification of persons who have a permit denied or

withdrawn, and that provide such persons, upon request in the case of a

dispute of material facts, the opportunity for a hearing with respect

to the merits or validity of such action, in accordance with rules of

practice which shall be adopted for the proceeding.

Definition of Pen-Raised

We are also amending the definition of pen-raised in Sec. 92.100,

to provide that a flock will not be considered to be pen-raised if

ratites captured in the wild are added to it after the effective date

of this interim rule. As discussed earlier in this interim rule, wild-

caught ratites pose a significant risk of having been exposed to

communicable diseases, and may not have a known health history. Adding

such ratites to an otherwise pen-raised flock significantly increases

the chances of disease being transmitted to other ratites in the flock.

However, prior to the publication of this interim rule, we had no

reliable mechanism for determining whether wild-caught ratites had been

brought into a flock. With the establishment of the identification and

monitoring provisions of this interim rule, we now are able to make

such a determination. Therefore, we are amending the definition of pen-

raised as described above, to help ensure that ratites exposed to

ratites captured in the wild are not imported into the United States.

Definition of Production Season

In this interim rule, we use the term production season. We are

defining production season to mean that period of time, usually

approximately 9 months each year, from the time ratites in a flock

begin laying eggs until the ratites cease laying eggs. Ratites by

nature follow a set cycle for laying eggs, and, for reasons of health

and productivity, must be given a period of rest between ``production

seasons.'' In most cases, a production season lasts approximately 9

months, but this may vary according to factors such as the type, age,

and geographical location of the ratites.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is necessary to help ensure that ratites imported into

the United States, and ratites hatched from ratite hatching eggs

imported into the United States, do not transmit diseases to poultry

and livestock in the United States.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon publication in the Federal Register. We will consider

comments that are received within 60 days of publication of this rule

in the Federal Register. After the comment period closes, we will

publish another document in the Federal Register. It will include a

discussion of any comments we receive and any amendments we are making

to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

This interim rule has been reviewed under Executive Order 12866.

This interim rule requires that foreign producers of ratites or

ratite hatching eggs intended for importation into the United States

maintain registers of ratites and hatching eggs on their premises and

update them daily. It also requires that ratites in a flock from which

ratites or hatching eggs of ratites are intended for importation into

the United States be identified with a microchip. Additionally, it

requires that ratite hatching eggs in the flock be marked with

indelible ink.

At present, 29 ratite farms in 7 countries are approved to ship

ratites or ratite hatching eggs to the United States. The number of

approved foreign farms varies each month due to annual recertification

requirements. There are 2,000 to 3,000 ratite farms in the United

States. Virtually all of them are small businesses, as are the

approximately 20 domestic entities that currently import ratites and

ratite hatching eggs into the United States.

We anticipate that requiring APHIS-approved ratite producers to

maintain registers and update them daily will have a negligible impact

on the domestic ratite market. However, the identification requirements

in this interim rule are expected to increase slightly the cost of

importing ratites and ratite hatching eggs. Requiring that ratite

hatching eggs be marked with indelible ink is expected to increase

operational costs of foreign producers by about $0.50 per egg.

Requiring each live ratite to be identified by microchip is expected to

cost foreign producers about $6.35 per ratite. Foreign producers will

likely increase their prices to cover the cost of proposed

identification requirements.

If the cost of identifying each ratite and ratite hatching egg is

passed along to United States buyers, the identification and marking

requirements in this interim rule will increase the cost of importing

ratites and ratite hatching eggs by an average of $3.00 each. Current

market prices for ratites released from quarantine in the United States

range from $1,565 for a 45-day-old ratite chick to $50,000 for an adult

ratite.

We estimate that the requirements of this interim rule will

increase annual costs to foreign producers by approximately $198,375.

We expect that a total of approximately 52,500 ratites and hatching

eggs of ratites will be imported into the United States in 1994. Of

these, we estimate that approximately 23 percent will survive

quarantine, with a total value of approximately $34,543,425. Therefore,

the estimated cost of the requirements of this interim rule will be

less than .6 percent of the retail value of ratites released from

quarantine.

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

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 will be submitted for approval to the

Office of Management and Budget. Please send written comments to the

Office of Information and Regulatory Affairs, OMB, Attention: Desk

Officer for APHIS, Washington, DC 20503. Please send a copy of your

comments to: (1) Chief, Regulatory Analysis and Development, PPD,

APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782, and (2) Clearance Officer, OIRM, USDA, room 404-

W, 14th Street and Independence Avenue SW., Washington, DC 20250.

List of Subjects in 9 CFR Part 92

Animal disease, 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).

Subpart A to Part 92--[Amended]

2. In part 92, Subpart A--Birds, footnotes 2 through 13 and the

references to them are redesignated as footnotes 3 through 14,

respectively.

3. In Sec. 92.100, the definition of pen-raised is revised, and a

definition of production season is added to read as follows:

Sec. 92.100 Definitions.

* * * * *

Pen-raised. Cared for in a fenced enclosure, such that the ratites

are kept apart from wild ratites, poultry, and other animals; can be

readily observed, and be restrained for inspection and treatment. A

flock is not considered to be pen-raised if ratites captured in the

wild have been added to it after March 8, 1994.

* * * * *

Production season. That period of time, usually approximately 9

months each year, from the time ratites in a flock begin laying eggs

until the ratites cease laying eggs.

* * * * *

4. Section 92.101 is amended by revising paragraph (b)(3)(i) to

read as follows:

Sec. 92.101 General prohibitions; exceptions.

* * * * *

(b) * * *

(3)(i) Except for ratites imported as zoological birds, ratites and

hatching eggs of ratites shall not be imported into the United States

unless the following conditions are met: (A) The ratites or hatching

eggs are produced by a pen-raised flock, and, in the case of ratites,

maintained in a pen-raised flock;

(B) Each ratite produced in the flock is identified with an

identification number by means of a microchip implanted in the pipping

muscle at 1-day of age, each ratite added from outside the flock is

identified in like manner upon arrival in the flock, except that the

microchip need not be implanted in the pipping muscle, and each ratite

already in the flock as of March 8, 1994 is identified in like manner,

prior to the next visit to the flock premises by an APHIS

representative under Sec. 92.103(a)(2)(iii), except that the microchip

need not be implanted in the pipping muscle;

(C) On the date it is produced, each hatching egg produced in the

flock is marked in indelible ink with the date of production.

(D) The owner or manager of the premises from which the ratites or

hatching eggs are intended for importation into the United States

maintains on a daily basis a register listing the following: (1) Number

of live ratites hatched in the flock or added to the flock, and number

of live ratites removed from the flock, and the microchip number for

each of these ratites;

(2) Number of eggs produced in the flock and date of production,

and number of eggs removed from the flock and date of production; and

(3) Number of eggs in incubator/hatcher and date of production;

(E) The owner or manager of the premises submits a copy of the

registers to the National Veterinary Service of the country of export

on a quarterly basis. The country of export in turn submits a copy of

the registers to the Administrator on a quarterly basis;2

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\2\Copies should be mailed to Administrator, c/o Import-Export

Animals Staff, National Center for Import-Export, Veterinary

Services, APHIS, USDA, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782.

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(F) The country from which the ratites or hatching eggs are

exported to the United States maintains a registry of premises that

wish to export ratites or hatching eggs of ratites to the United

States, that lists each ratite according to the microchip number

required under paragraph (b)(3)(i)(D) of this section, and also

maintains a count of hatching eggs of ratites produced on or added to

the premises;

(G) Before a premises is added to the registry, either a veterinary

officer of the national government of the country of export, or an

employee of that government responsible for the protection of fish and

wildlife, visits the premises and determines that all ratites and

hatching eggs of ratites are identified as required under paragraphs

(b)(3)(i)(B) and (b)(3)(i)(C) of this section.

(H) The country from which the ratites or hatching eggs of ratites

are exported to the United States requires each premises from which

ratites or hatching eggs of ratites are exported to the United States

to receive approval from the National Veterinary Service of that

country before ratites are added to the premises from outside the

premises, and also prohibits the addition of ratites to a flock during

production seasons;

(I) The country from which ratites or hatching eggs of ratites are

exported to the United States establishes a maximum number of hatching

eggs of ratites that may be produced on each premises over a set

production season. The ceiling for each premises is calculated jointly

by a full-time salaried veterinary officer of the national government

of the country of export and the APHIS representative who conducts the

site visit required under Sec. 92.103(a)(2)(iii);

(J) The country of export conducts random inspections of each

premises intending to export ratites or hatching eggs of ratites to the

United States, at least twice during each production season, to ensure

that all ratites and hatching eggs of ratites on the premises are

identified as required under paragraphs (b)(3)(i)(D) and (b)(3)(i)(E)

of this section. These inspections must be conducted by either a

veterinary officer of the national government of the country of export

or an employee of that government responsible for the protection of

fish and wildlife. If any ratites or hatching eggs are not identified

as required, the country of export must not issue the export

certificate required under Sec. 92.104(a). The country of export must

record, on the copy of the quarterly report required to be sent to the

Administrator under paragraph (b)(3)(i)(E) of this section, whether all

ratites and hatching eggs are identified as required;

(K) The country of export requires each premises on which ratites

or hatching eggs of ratites intended for export to the United States

are kept to submit to the National Veterinary Service of that country a

copy of the certificate required under Sec. 92.104(a);

(L) The person intending to import ratites into the United States

provides the APHIS veterinary inspector at the intended port of entry

with a reader capable of reading the microchip implanted in each of the

ratites.

* * * * *

5. In Sec. 92.103, new paragraphs (a)(2)(iv), (a)(2)(v),

(a)(2)(vi), and (a)(2)(vii) are added to read as follows:

Sec. 92.103 Import permits for birds8; and reservation fees for

space at quarantine facilities maintained by APHIS.

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\8\For other permit requirements for birds, the regulations

issued by the U.S. Department of the Interior (50 CFR parts 14 and

17) should be consulted.

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(a) * * *

(2) * * *

(iv) A permit to import ratites or hatching eggs of ratites will be

denied or withdrawn if an inspection of the premises of the flock or

origin, carried out by the national government of the country of export

under Sec. 92.101 (b)(3)(i)(G) and (b)(3)(i)(J), indicates that the

ratites and hatching eggs are not identified and marked as required

under Secs. 92.101 (b)(3)(i)(B) and (b)(3)(i)(C).

(v) A permit will be denied or withdrawn if: (A) The importer or a

person responsibly connected with the importer's business is or has

been convicted of any crime under any law regarding the import or

export of goods, regarding the illegal movement of goods within a

country, or involving fraud, bribery, extortion or any other crime

involving a lack of the integrity needed for the conduct of operations

affecting the importation of ratites, as determined by the

Administrator.

(B) The operator of the farm of the flock of origin, or a person

responsibly connected with the owner of the flock of origin, is or has

been convicted of any crime under any law regarding the import or

export of goods, regarding the illegal movement of goods within a

country, or involving fraud, bribery, extortion or any other crime

involving a lack of the integrity needed for the conduct of operations

affecting the importation of ratites, as determined by the

Administrator.

(vi) For the purposes of this section, a person shall be deemed to

be responsibly connected with the importer's business or the owner of

the flock of origin if such person has an ownership, mortgage, or lease

interest in the physical plant of the importer's business or the farm

of the flock of origin, or if such person is a partner, officer,

director, holder or owner or 10 per centum or more of the voting stock

of the importer's business or the farm of the flock of origin, or is an

employee of the importer or the owner of the flock of origin.

(vii) A permit may be denied or withdrawn at any time by the

Administrator, for any of the reasons provided in paragraphs (a)(2)

(ii), (iii), (iv), or (v) of this section. Before such action is taken,

the importer or the operator of the farm of the flock of origin will be

informed of the reasons for the proposed action and, upon request in

case of a dispute of material facts, shall be afforded an opportunity

for a hearing with respect to the merits or validity of such action, in

accordance with rules of practice which shall be adopted for the

proceeding. However, withdrawal of a permit shall 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 shall be effective upon oral or

written notification, whichever is earlier, to the importer or the

operator of the farm of the flock of origin. In the event of oral

notification, written confirmation shall be given to the importer or

the operator of the farm of the flock of origin as promptly as

circumstances permit. This withdrawal shall continue in effect pending

the completion of the proceeding and any judicial review thereof,

unless otherwise ordered by the Administrator.

* * * * *

6. Section 92.104 is amended by redesignating paragraphs (c)(12)

and (c)(13) as paragraphs (c)(15) and (c)(16), and by adding new

paragraphs (c)(12), (c)(13), and (c)(14), and paragraphs (d)(8),

(d)(9), and (d)(10) to read as follows:

Sec. 92.104 Certificate for pet birds, commercial birds, zoological

birds, and research birds.

* * * * *

(c) * * *

(12) The number of ratites contained in the shipment;

(13) That the number of ratites and hatching eggs of ratites

exported from the flock of origin has not exceeded the ceiling

established under Sec. 92.101(b)(2)(iii)(I);

(14) That all ratites in the flock from which the hatching eggs

come were identified in accordance with Sec. 92.101(b)(3)(i)(B);

* * * * *

(d) * * *

(8) The number of hatching eggs contained in the shipment;

(9) That the number of ratites hatching eggs of ratites exported

from the flock of origin has not exceeded the ceiling established under

Sec. 92.101(b)(2)(iii)(I); and

(10) That all ratites in the flock from which the hatching eggs

come were identified in accordance with Sec. 92.101(b)(3)(i)(B).

Done in Washington, DC, this 1st day of March 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-5164 Filed 3-7-94; 8:45 am]

BILLING CODE 3410-34-P