Animal Export Inspection Facilities

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 93-122-2]

Animal Export Inspection Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the ``Inspection and Handling of Livestock for

Exportation'' regulations by establishing additional standards for

export inspection facilities. This action requires that all export

inspection facilities have running water and water drainage systems and

a telephone. This action also requires facilities where horses are

inspected to have walkways in front of stalls and 12 foot high ceilings

in areas where horses are inspected.

We are also requiring that animals intended for export be

inspected within 24 hours of embarkation and making a minor language

change to the regulations for the sake of clarity.

EFFECTIVE DATE: March 23, 1995.

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

Veterinarian, Animal and Plant Health Inspection Service, Veterinary

Services, Import-Export Animals Staff, 4700 River Road Unit 39,

Riverdale, MD 20737-1231. Telephone: (301) 734-8383.

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

[[Page 9610]] 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.

On June 21, 1994, we published in the Federal Register (59 FR

31956-31957, Docket No. 93-122-1) a proposal to amend the regulations

to establish additional standards in Sec. 91.14(c) for export

inspection facilities. We proposed to require that all export

inspection facilities have running water and water drainage systems and

a telephone. We also proposed to require that facilities where horses

are inspected have walkways in front of stalls and 12 foot high

ceilings in areas where horses are inspected. Finally, we proposed to

require that animals intended for export be inspected within 24 hours

of embarkation.

We solicited comments concerning our proposal for 60 days ending

August 22, 1994. We received four comments by that date. They were from

animal import/export businesses and from Animal and Plant Health

Inspection Service (APHIS) veterinarians.

Three of the commenters generally supported the proposal, but

requested that we require that animals intended for export be inspected

closer to the time of embarkation than 24 hours. We continue to

believe, however, that inspection within 24 hours of embarkation is

adequate to prevent unhealthy or infected animals from leaving the

United States. Further, this new requirement would not prevent APHIS

veterinarians from inspecting animals closer to the time of

embarkation, if they preferred.

Also, three commenters objected to the language regarding the new

requirement that facilities handling horses have walkways in front of

horse stalls. Specifically, commenters objected to language stating

that walkways be wide enough that APHIS personnel could ``monitor and

inspect animals without having to enter animal stalls.'' One commenter

felt that this language implied that APHIS veterinarians carried out

animal health inspections without handling animals. Another commenter

stated that, although his facility has walkways in front of horse

stalls, a person would be unable to see into the stalls from the

walkway, as the stalls have solid doors. A third commented that we

should specify a minimum width for the walkways.

By proposing the requirement regarding walkways, we had intended

only to ensure that APHIS personnel would be able to inspect a

dangerous or wild horse without entering that horse's stall and risking

injury. We agree that our proposal implied that APHIS personnel could

carry out a health inspection without handling the horse concerned.

That was not our intention and, accordingly, we are revising the

language regarding the walkway requirement, which we feel is still

necessary.

This final rule will require that animal inspection facilities

have ``walkways in front of horse stalls wide enough to allow APHIS

personnel to safely remove horses from the stalls for inspection, if

necessary.'' Like the original requirement proposed, this revised

requirement will allow APHIS personnel to inspect horses when they are

unable to enter safely into horse stalls.

Also as in the proposal, the revised requirement does not specify

a minimum width for walkways. We want to permit facilities to use a

variety of walkway sizes and configurations, as long as they are wide

enough to allow APHIS personnel to safely remove horses from the stalls

for inspection.

Finally, one of the commenters objected to several of the proposed

requirements as unnecessary for the operation of an animal export

facility. His objections and our responses are as follows:

Comment: The 12 foot ceiling height requirement for facilities

handling horses is arbitrary. Our ceilings are 10 feet high at some

points and we have never encountered any problems.

Response: We had proposed to require that ceilings be 12 feet high

anywhere horses are kept. However, since horses in export facilities

tend to rear up when they are being handled (especially during

inspection), but usually not at other times, we will modify the ceiling

height standard and require that ceilings only need to be 12 feet high

in areas where horses are inspected. Again, we are making this change

because we believe that horses are most likely to rear up while being

inspected, and, therefore, this height requirement allows for the safe

handling of horses.

Comment: Requiring animal export facilities to have storage areas

for equipment accompanying animals is beyond the scope of the

regulations, which are intended to facilitate the inspection of animals

prior to export and to prevent the export of diseased animals.

Response: We agree that storage areas are not necessary for these

purposes and, therefore, we are removing that requirement from this

rule.

Comment: The language of the proposed requirement regarding

drainage systems is too vague, and compliance, therefore, may be

difficult.

Response: The language in this requirement is intentionally

general. More specific language could limit facilities to using only

certain types of drainage systems. We want to permit the use of a

variety of drainage systems, so long as they meet the intent of the

requirement, ``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.''

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 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. 601 et seq., we have performed a Final

Regulatory Flexibility Analysis, set forth below, regarding the

economic impact of this rule on small entities.

This rule establishes additional standards for animal export

inspection facilities by requiring all facilities to have adequate

running water, water drainage systems, and a telephone. This action

also requires facilities where horses are kept to have walkways in

front of stalls and ceilings 12 feet high in areas where horses are

inspected.

Except for a small number of facilities that do not have water

drainage systems and one or two facilities that do not have 12 foot

high ceilings, to the best of our knowledge, all of the facilities

currently approved for export inspection already meet all of the other

additional standards proposed here. We are only codifying, therefore,

existing industry practices. We anticipate that [[Page 9611]] this

action will have a negative economic impact on the few existing export

inspection facilities without drainage systems or 12 foot high ceilings

in inspection areas for horses.

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 are trying to minimize

any economic impact by allowing 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 will ease the economic impact of this new

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

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

costs of installation. We did not receive any comments objecting to our

requiring a water drainage system.

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 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 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 is amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

1. The authority citation for part 91 continues to read as follows:

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

136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a and 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 is amended by

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

in its place.

3. Section 91.14 is amended as follows:

a. Paragraph (c)(2) is amended by adding a new sentence at the end

of the paragraph to read as set forth below.

b. Paragraph (c)(4) is amended by adding three new sentences at the

end of the paragraph to read as set forth below.

c. Paragraph (c)(5) is amended by adding the word ``running,''

immediately following the phrase ``An ample supply of'' in the first

sentence.

d. Paragraph (c)(11) is amended by adding a new sentence at the end

of the paragraph to read as set forth below.

e. A new paragraph (c)(12) is added to read as set forth below.

Sec. 91.14 Ports of embarkation and export inspection facilities.

* * * * *

(c) * * *

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

least 12 feet high in any areas where horses are inspected.

* * * * *

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

and disinfect the facilities. On and after March 23, 1995, facilities

to be approved must have a drainage system; and, on and after March 23,

1997, every facility approved before March 23, 1995 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) Walkways. Facilities where horses are inspected must have

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

to safely remove horses from the stalls for inspection, if necessary.

Sec. 91.15 [Amended]

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

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

inspected''.

Done in Washington, DC, this 14th day of February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-4177 Filed 2-17-95; 8:45 am]

BILLING CODE 3410-34-P