Screening at Privately Owned Bird Quarantine Facilities

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 94-132-2]

Screening at Privately Owned Bird Quarantine Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations that apply to privately owned

quarantine facilities for imported birds to provide for the use of

nylon screening and to clarify the meaning of ``double screened.''

These amendments will give facility operators a choice of screening

materials and clarify the regulations.

EFFECTIVE DATE: July 22, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Tracye R. Butler, Staff

Veterinarian, Import/Export Animals, National Center for Import and

Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,

(301) 734-5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92.100 through 92.107, ``Subpart

ABirds'' (referred to below as ``the regulations''), govern the

importation of certain birds to prevent the introduction of

communicable diseases of livestock and poultry. As a condition of

importation, all imported birds must be quarantined for a minimum of 30

days upon their arrival in the United States. Under

Sec. 92.101(c)(2)(ii), certain personal pet birds may remain in the

owner's possession during the 30-day quarantine if kept separate from

other birds. In all other cases, imported birds must be quarantined in

either a U.S. Department of Agriculture quarantine facility or in a

privately owned quarantine facility that meets standards set forth in

Sec. 92.106(c).

The standards for privately owned quarantine facilities for

imported birds include installation of screening over all openings to

the outside to prevent the entry of rodents and insects, which could

transmit disease. The regulations require that all screening be metal

and that all openings to the outside be double-screened (see

Sec. 92.106(c)(2)(ii)(A)).

On March 12, 1996, we published in the Federal Register (61 FR

9957-9958, Docket No. 94-132-1) a proposal to amend the regulations by

providing for the use of nylon screening and by clarifying the meaning

of the term ``double screened.''

[[Page 31392]]

We solicited comments concerning our proposal for 60 days ending

May 13, 1996. We did not receive any comments. The facts presented in

the proposed rule still provide the basis for this final 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.

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 the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

Our economic analysis indicates that the amendments will have

little economic impact on privately owned bird quarantine facilities.

Metal and nylon mesh are comparably priced. In addition, the rule adds

nylon mesh as a screening option; it does not require quarantine

facilities to be re-screened. We anticipate that the clarification

concerning double screening will have no effect on facilities.

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 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 rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (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. 1662; 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 2.22, 2.80, and 371.2(d).

2. In Sec. 92.106, paragraphs (c)(2)(ii)(A) and (c)(2)(ii)(P)(1)

are revised to read as follows:

Sec. 92.106 Quarantine requirements.

* * * * *

(c) * * *

(2) * * *

(ii) * * *

(A) Be constructed only with material that can withstand continued

cleaning and disinfection. All solid walls, floors, and ceilings must

be constructed of impervious material. All openings to the outside must

be double-screened, with an interior screen of metal or nylon mesh that

is impervious to biting insects such as gnats or mosquitos, and an

exterior metal screen that is rodent-proof and is made of wire, such as

rabbit wire, hardware cloth, or smooth welded wire, with mesh size no

larger than 1 inch x 1.5 inches (2.54 cm x 3.81 cm). The interior and

exterior screens must be separated by at least 3 inches (7.62 cm);

* * * * *

(P) * * *

(1) Any of the exterior walls may be replaced by a double-screened

wall set in a concrete or concrete-block curb. The double screening

shall be of wire mesh or wire mesh and nylon mesh, as provided in

paragraph (c)(2)(ii)(A) of this section, with the interior and exterior

screens of the sun room wall separated by at least 3 inches (7.62 cm);

the concrete or concrete block curb must be at least 12 inches high,

impermeable to water, and able to prevent the escape of water, manure,

and debris.

* * * * *

Done in Washington, DC, this 14th day of June 1996.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-15759 Filed 6-19-96; 8:45 am]

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