Screening at Privately Owned Bird Quarantine Facilities

SUMMARY: We are proposing to amend the regulations that apply to

privately owned bird quarantine facilities for imported birds to

provide for the use of nylon screening and to clarify the meaning of

``double screened.'' The proposed amendments would give facility

operators a choice of screening materials and would clarify the

regulations.

DATES: Consideration will be given only to comments received on or

before May 13, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 94-132-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 94-132-1. 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 requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

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)).

When the regulations were originally adopted, metal mesh was the

most commonly available screening material capable of preventing the

entry of rodents and insects into the quarantine area. Therefore, metal

mesh screens were specified in the regulations. Now, however, strong

and durable nylon mesh screening is widely available. This nylon mesh

screening effectively prevents the entry of insects into the quarantine

area. Therefore, we are proposing to allow the use of nylon mesh

screening to prevent the entry of insects in privately owned bird

quarantine facilities. Under this proposal, metal mesh screening would

continue to be required for preventing the entry of rodents into the

quarantine area. This proposed action would offer operators of these

facilities a screening alternative.

We are also proposing to clarify the existing regulations

concerning double screening. Double screening is currently required on

all openings to the outside. However, the term ``double screening'' is

not defined in the regulations. We are therefore proposing to amend the

regulations to state clearly that the screening would have to be

comprised of one screen that is insect-proof and a second metal screen

that is rodent-proof with a mesh size no larger than 1 inch x 1.5

inches (2.54 cm x 3.81 cm). The two screens would have to be separated

by at least 3 inches (7.62 cm) with the metal rodent-proof screen used

as the exterior screen. This 3-inch separation is necessary for

security purposes; if a person approaches the screened wall from the

outside of the quarantine facility, the 3-inch separation between the

rodent-proof screen and the insect-proof screen will help prevent the

person from being able to touch the birds, and the birds will not be

able to peck at the person. If a privately owned bird quarantine

facility has a sun room for the hatching eggs of ratites, as provided

in Sec. 92.106(c)(2)(ii)(P), the screening in the sun room would have

to conform to these proposed requirements.

We believe these proposed actions would expand the selection of

screening materials for the operators of privately owned bird

quarantine facilities while continuing to minimize the risk of insect

or rodent problems at those facilities and would clarify the

regulations.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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 proposed amendments would

have little economic impact on privately owned bird quarantine

facilities. Metal and nylon mesh are comparably priced. In addition,

the proposed rule would add nylon mesh as a screening option; it would

not require quarantine facilities to be re-screened. We anticipate that

the proposed clarification concerning double screening would have no

effect on facilities.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

[[Page 9958]]

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 proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This proposed 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 would be 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 would continue 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)

would be 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 6th day of March 1996.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-5861 Filed 3-11-96; 8:45 am]

BILLING CODE 3410-34-P