Goats Imported From Mexico for Immediate Slaughter; Horse Quarantine Facilities

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 91-101-2]

Goats Imported From Mexico for Immediate Slaughter; Horse

Quarantine Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal importation regulations to clarify

the quarantine requirements for horses imported into the United States.

We are not taking final action in this document to remove the

requirements for a health certificate for goats imported into the

United States from Mexico for immediate slaughter.

EFFECTIVE DATE: August 14, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. David Vogt, Senior Staff

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

Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228,

(301) 734-8170, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 govern the importation into the

United

[[Page 36817]]

States of certain animals and poultry and certain animal and poultry

products. Section 92.308 establishes requirements for the quarantine of

certain horses imported into the United States. Section

92.308(c)(2)(ii)(B), which contains the physical requirements for a

quarantine facility, provides that ``Doors, windows, and other openings

of the facility shall be provided with double screens which will

prevent insects from entering the facility.'' However, the preceding

paragraph, Sec. 92.308(c)(2)(ii)(A) states that ``All walls, floors and

ceilings shall be constructed of solid impervious material or be

screened as provided in paragraph (c)(2)(ii)(B) of this section.'' The

last phrase of this sentence has led some readers to believe that

walls, floors, and ceilings, of quarantine facilities could somehow be

constructed of screening. However, our intention is that if a

facility's solid and impervious walls, floor or ceiling have openings,

they must be screened in accordance with Sec. 92.308(c)(2)(ii)(B).

On March 1, 1994, we published in the Federal Register (59 FR 9679-

9681, Docket No. 91-101-1) a proposal to amend the regulations by

removing the last phrase of the misleading sentence in

Sec. 92.308(c)(2)(ii)(A) to make it read ``All walls, floors and

ceilings shall be constructed of solid impervious material.''

We also proposed, in the same Federal Register document, to amend

the regulations in Secs. 92.428 and 92.429, concerning importation of

goats by allowing goats from Mexico to be imported into the United

States without a health certificate if the goats were imported for

immediate slaughter.

We solicited comments concerning our proposal for 60 days ending

May 2, 1994. We received one comment addressing this proposed change to

Sec. 92.308(c)(2)(ii)(A), and the comment was supportive.

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

we are adopting the portion of the proposal that pertained to horse

quarantine facilities as a final rule without change.

We received three comments on this proposed change to Secs. 92.428

and 92.429 by the close of the comment period. They were from a

research organization, a State agricultural department, and a goat

industry representative. One was supportive; the other two expressed

concern that the goats could present a disease risk.

The proposed provisions concerning goats are not adopted by this

document. At this time, we are considering major revisions to the

regulations for importing ruminants, including goats, and to the

regulations for importing swine and products of ruminants and swine.

Interested persons should see Docket No. 94-106-1 (61 FR 16978-17105),

a proposed rule published for comment on April 18, 1996. The three

comments received on the proposed change to Secs. 92.428 and 92.429

will be considered in conjunction with that rulemaking.

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.

This rule is making a minor change for clarity in our regulations

concerning horses subject to quarantine after importation into the

United States. Since this rule change is only a clarification, there

will be no economic impact on any large or small entities.

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 in conflict 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 new information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

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 2.22, 2.80, and 371.2(d).

Sec. 92.308 [Amended]

2. In Sec. 92.308, paragraph (c)(2)(ii)(A) is amended by removing

the phrase ``or be screened as provided in paragraph (c)(2)(ii)(B) of

this section''.

Done in Washington, DC, this 9th day of July 1996.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-17917 Filed 7-12-96; 8:45 am]

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