24580 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

PART 208—PROCEDURES FOR

ASYLUM AND WITHHOLDING OF

DEPORTATION

19. The authority citation for part 208

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252,

1252 note, 1252B, 1253, and 1283.

20. In § 208.19, paragraph (a) is

revised to read as follows:

§ 208.19 Motion to reopen or reconsider.

(a) A proceeding in which asylum or

withholding of deportation was denied

may be reopened or a decision from

such a proceeding reconsidered for

proper cause upon motion pursuant to

the requirements of 8 CFR 3.2, 3.23,

103.5, and 242.22 where applicable.

* * * * *

PART 242—PROCEEDINGS TO

DETERMINE DEPORTABILITY OF

ALIENS IN THE UNITED STATES:

APPREHENSION, CUSTODY,

HEARING, AND APPEAL

21. The authority citation for part 242

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a,

1251, 1252, 1252 note, 1252b, 1254, 1362; 8

CFR part 2.

22. In § 242.21, paragraph (a) is

revised to read as follows;

§ 242.21 Appeals.

(a) Pursuant to part 3 of this chapter,

and appeal shall lie from a decision of

an Immigration Judge to the Board,

except that no appeal shall lie for an

order of deportation or exclusion

entered in absentia. The procedures

regarding the filing of a Notice of

Appeal (Form EORI—26), fees, and

briefs are set forth in §§ 3.3, 3.31, and

3.38 of this chapter. An appeal shall be

taken within 20 calendar days after the

mailing of a written decision, or 15

calendar days after the mailing of a

written decision, or 15 calendar days

after the stating of an oral decision, or

the service of a summary decision on

Form I–38 or Form I–39. The reasons for

the appeal shall be stated in the Notice

of Appeal, Form EOIR–26, in

accordance with the provisions of

§ 3.3(b) of this chapter. Failure to do so

may constitute a ground for dismissal of

the appeal by the Board pursuant to

§ 3.1(d)(1–a) of this chapter.

* * * * *

23. Section 242.22 is amended by

revising the first sentence and by adding

a sentence at the end, to read as follows:

§ 242.22 Reopening or reconsideration.

Motions to reopen or reconsider are

subject to the requirements and

limitations set forth in § 3.23 of this

chapter. * * * The filing of a motion to

reopen pursuant to the provisions of

§ 3.23(b)(5) of this chapter shall stay the

deportation of the alien pending the

disposition of the motion and the

adjudication of any properly filed

administrative appeal.

Dated: April 25, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–11002 Filed 5–8–95; 8:45 am]

BILLING CODE 153–126–GF–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 91–071–1]

Importation of Hedgehogs and Tenrecs

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the animal importation regulations to

prohibit the importation of hedgehogs or

tenrecs into the United States from

countries affected by foot-and-mouth

disease. Additionally, we are proposing

to impose certain restrictions on the

importation of hedgehogs or tenrecs into

the United States from countries

declared free of foot-and-mouth disease.

We believe these actions are necessary

to prevent the introduction of foot-andmouth disease and other communicable

animal diseases into the United States.

DATES: Consideration will be given only

to comments received on or before July

10, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 91–071–1, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238. Please state that your comments

refer to Docket No. 91–071–1.

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.

Keith Hand, Senior Staff Veterinarian,

Animal and Plant Health Inspection

Service, Veterinary Services, ImportExport Animals Staff, 4700 River Road

Unit 39, Riverdale, MD 20737–1231,

(301) 734–5097.

SUPPLEMENTARY INFORMATION:

Background

The animal importation regulations

(contained in 9 CFR part 92 and referred

to below as the regulations) prohibit or

restrict the importation of certain

animals and birds into the United States

to prevent the introduction of

communicable diseases of livestock and

poultry. Subpart G of part 92 prohibits

the importation of brushtail possums

and hedgehogs from New Zealand.

Foot-and-mouth disease (FMD) is an

acute, highly contagious viral disease of

cloven-footed animals, causing fever

and blisters in the mouth and around

the hoofs. These blisters result in loss of

weight, due to the animal’s inability to

eat; the blisters may permanently

deform the animal’s feet. The high

morbidity rate of cattle affected with

FMD results in severe production losses,

highlighting the economic importance

of this disease. Estimates indicate that

an outbreak of FMD in the United States

could cost in excess of $1 billion.

Published research obtained by the

Animal and Plant Health Inspection

Service (APHIS) indicates that certain

animals of the order Insectivora,

including the family Erinaceidae

(hedgehogs), may harbor the FMD virus.

Animals of the family Tenrecidae

(tenrecs) are often referred to as the

Madagascar hedgehog, and are similar to

hedgehogs in appearance and behavior.

Given these similarities, we believe

tenrecs may also be capable of harboring

this virus and transmitting it to other

animals. Currently, there are no tests or

treatments for FMD in hedgehogs or

tenrecs. Therefore, we are proposing to

amend part 92 to prohibit the

importation of hedgehogs and tenrecs

into the United States from countries

where FMD exists to prevent the

introduction of FMD into the United

States.

Further, research and APHIS’

experience with hedgehogs and tenrecs

indicates that these animals present a

significant risk of carrying ectoparasites

(for example, ticks, mites, and lice).

Certain ticks spread East coast fever,

heartwater, African swine fever, and

other exotic diseases of livestock. Both

hedgehogs and tenrecs are hosts to the

type of ticks that carry these diseases,

which do not exist in the United States.

Therefore, we also propose to amend

part 92 to impose certain restrictions on

the importation of hedgehogs or tenrecs

from countries declared free of FMD,

including requirements for inspection

and treatment for ectoparasites.
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24581

The proposed amendments to part 92

concerning hedgehogs and tenrecs

would be placed in subpart G. Specific

provisions are discussed below.

Definitions

Section 92.700 provides definitions

for the convenience of the public. We

are proposing to add the following

terms: ‘‘Administrator,’’ ‘‘Animal and

Plant Health Inspection Service,’’

‘‘Delivery,’’ ‘‘Enter,’’ ‘‘Import,’’

‘‘Inspector,’’ ‘‘Person,’’ and ‘‘Tenrec.’’

These definitions are provided for

informational purposes and, for certain

terms, consistency with the same

definitions found elsewhere in the

regulations.

Prohibitions

Section 92.701 prohibits the

importation of brushtail possums and

hedgehogs from New Zealand into the

United States. We are proposing to

amend this section to add a provision

prohibiting the importation of

hedgehogs and tenrecs from any country

where FMD exists. This prohibition

appears to be necessary to help prevent

the introduction of FMD into the United

States.

Restrictions

We propose to add a new § 92.702 to

provide that hedgehogs and tenrecs not

prohibited from importation under

§ 92.701 may not be imported into the

United States unless they meet the

provisions of subpart G.

Ports of Entry

Proposed § 92.703 designates ports

through which hedgehogs or tenrecs

from countries declared free of FMD

may be imported into the United States.

Proposed § 92.703(a)(1) lists the

following air and ocean ports:

Anchorage and Fairbanks, AK; San

Diego and Los Angeles, CA; Denver, CO;

Jacksonville, Miami, St. PetersburgClearwater, and Tampa, FL; Atlanta,

GA; Honolulu, HI; Chicago, IL; New

Orleans, LA; Portland, ME; Baltimore,

MD; Boston, MA; Minneapolis, MN;

Great Falls, MT; Newburgh, NY;

Portland, OR; San Juan, PR; Galveston

and Houston, TX; and Seattle, Spokane,

and Tacoma, WA.

Proposed § 92.703(a)(2) lists the

following Canadian border ports:

Eastport, ID; Houlton and Jackman, ME;

Detroit, Port Huron, and Sault Ste.

Marie, MI; Opheim, Raymond, and

Sweetgrass, MT; Alexandria Bay,

Buffalo, and Champlain, NY; Dunseith,

Pembina, and Portal, ND; Derby Line

and Highgate Springs, VT; Blaine,

Lynden, Oroville, and Sumas, WA.

Proposed § 92.703(a)(3) lists the

following Mexican border ports:

Douglas, Naco, Nogales, Sasabe, and San

Luis, AZ; Calexico and San Ysidro, CA;

Antelope Wells, and Columbus, NM;

and Brownsville, Hidalgo, Laredo, Eagle

Pass, Del Rio, Presidio, and El Paso, TX.

Proposed § 92.703(b) provides for

special instances when other ports may

need to be designated for importation.

In special cases, the Administrator may

designate, with the Secretary of the

Treasury’s agreement, other ports as

inspection stations under this section.

These ports have adequate facilities

for inspection of the hedgehogs and

tenrecs and could ensure the availability

of inspectors to perform the necessary

services.

Import Permit

Proposed § 92.704(a) provides general

requirements for the importation of

hedgehogs or tenrecs into the United

States. These requirements include

accompaniment by an import permit;

importation within 30 days after the

proposed date of arrival stated in the

import permit; and notification to the

APHIS inspector, at the address or

telephone number provided on the

import permit, of the date of arrival at

least 72 hours before the hedgehogs or

tenrecs arrive in the United States.

These time periods would allow APHIS

sufficient time to plan for the animals’

arrival and to arrange for inspection of

the hedgehogs or tenrecs. The import

permit would help ensure that the

requirements for importing hedgehogs

or tenrecs are understood and met by

the importer.

Proposed § 92.704(b) provides

information on how to obtain an import

permit. Applications for import permits

may be obtained from the Animal and

Plant Health Inspection Service,

Veterinary Services, National Center for

Import and Export, Import/Export

Animals Staff, 4700 River Road Unit 39,

Maryland 20737–1231. This proposed

section requires any person desiring to

import hedgehogs or tenrecs into the

United States to complete and submit

one copy of an application (VS Form

17–129) for an import permit to the

above address. An application for an

import permit must be submitted for

each shipment of hedgehogs or tenrecs.

Proposed § 92.704(c) specifies what

information to include on the

application for an import permit. It

requires the application to include the

name and address of the shipper in the

country of origin; the names, addresses,

and telephone numbers of the importer

and the person intending to take

delivery of the hedgehogs or tenrecs in

the United States; the ports of

embarkation and arrival; the country

from which the hedgehogs or tenrecs

will be shipped to the United States; the

mode of transportation (airplane, boat,

car, etc.) to be used to ship the

hedgehogs or tenrecs to the United

States; the number, breed, species, and

descriptions (sex; age; registered name

and number, if any; tattoo, if any; tag

number, if any; other markings) of the

hedgehogs or tenrecs to be imported; the

purpose of the importation; the route of

travel, including all carrier stops

enroute; the proposed shipping and

arrival dates; the location of the place

where delivery of the hedgehogs or

tenrecs will be made in the United

States (from the port of arrival); and any

remarks the importer may wish to make

regarding the shipment. The

information required for completion of

an application would help APHIS to

determine whether the animals appear

eligible for importation, to respond to an

applicant, to identify the animals at the

port of entry, to ensure that inspectors

and facilities are available for inspection

in the United States, and to contact

appropriate persons if any questions

arise concerning the importation.

Proposed § 92.704(d) explains what

happens after we receive and review the

application for an import permit. This

proposed section provides that if the

hedgehogs or tenrecs appear eligible to

be imported, an import permit will be

issued. This section also specifies that

an import permit does not guarantee

that any hedgehogs or tenrecs will be

allowed entry into the United States; the

hedgehogs or tenrecs will be allowed to

enter the United States only if they meet

all applicable requirements of subpart

G. The requirements of this proposed

section appear necessary to help prevent

the introduction of communicable

animal diseases into the United States.

Health Certificate

Proposed § 92.705(a) requires that a

health certificate accompany all

hedgehogs or tenrecs offered for entry

into the United States. Additionally,

this proposed section requires that the

health certificate be issued by a fulltime salaried veterinary officer of the

national government of the exporting

country, or issued by a veterinarian

authorized or accredited by the national

government of the exporting country

and endorsed by a full-time salaried

veterinary officer of the national

government of that country. These

requirements would help ensure that

the veterinarian who issues the health

certificate is authorized to do so. This

proposed section also requires that the

health certificate contain the names and

street addresses of the consignor and
24582 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

consignee. The names and addresses of

the consignor and consignee would

allow APHIS to contact appropriate

persons if any questions arise

concerning the importation.

Further, proposed § 92.705(a) requires

specific information and certifications

to be included on the health certificate.

Paragraphs (a)(1) through (a)(7) of

proposed § 92.705 provide that the

veterinarian issuing the health

certificate must certify on the health

certificate that—(1) The hedgehog or

tenrec originated in a country that has

been declared free of FMD; (2) the

hedgehog or tenrec has never been in a

country where FMD exists; (3) the

hedgehog or tenrec has not been

commingled with any other hedgehog or

tenrec that originated in or has ever

been in a country where FMD exists; (4)

the hedgehog or tenrec was inspected by

the individual issuing the health

certificate and was found free of any

ectoparasites not more than 72 hours

before being loaded on the means of

conveyance which transported the

animal to the United States; (5) all body

surfaces of the hedgehog or tenrec were

treated for ectoparasites under the

supervision of the veterinarian issuing

the health certificate at least 3 days but

not more than 14 days before being

loaded on the means of conveyance that

transported the animal to the United

States; (6) the pesticide and the

concentration used was adequate to kill

the types of ectoparasites likely to infest

the animal to be imported; and (7) the

hedgehog or tenrec, after being treated

for ectoparasites in accordance with

paragraphs (a)(5) and (a)(6) of proposed

§ 92.705, had physical contact only

with, or shared a pen or bedding

materials only with, treated hedgehogs

or tenrecs in the same shipment to the

United States. Proposed § 92.705(a)(8)

requires that the health certificate

contain the name and concentration of

the pesticide used to treat the hedgehog

or tenrec.

The health certificate would help

APHIS personnel at the port of entry

determine if the animals offered for

entry into the United States meet the

requirements set forth in subpart G. The

inspection and treatment, as certified on

the health certificate, would help ensure

that the animals are free of ectoparasites

when they are shipped to the United

States. The timing of the treatment (at

least 3 days but no more than 14 days

before loading on the means of

conveyance for shipment to the United

States) would minimize the chances of

reinfestation by placing treatment as

close to shipment as possible. Allowing

the hedgehogs or tenrecs to have

physical contact only with, or share a

pen or bedding materials only with,

treated hedgehogs or tenrecs in the same

shipment to the United States would

further reduce the chances of

reinfestation.

Notice of Arrival and Inspection

Proposed § 92.706 requires that, upon

the arrival of a hedgehog or tenrec at the

port of first arrival in the United States,

the importer or the importer’s agent

must present the import permits and

health certificates to the collector of

customs for the use of the APHIS

inspector at that port. This proposed

requirement appears necessary not only

to make APHIS aware of the arrival of

the animals in the United States, but

also to ensure that the hedgehogs or

tenrecs are eligible for importation.

Proposed § 92.707(a) requires

inspection of the hedgehogs or tenrecs

by an APHIS inspector at the port of

first arrival. This proposed section

provides that hedgehogs or tenrecs may

enter the United States subject to the

provisions of subpart G only if each

hedgehog or tenrec in the shipment is

found free of ectoparasites and any

clinical signs of communicable diseases.

Proposed § 92.707(b) provides that

any shipment of hedgehogs or tenrecs

found infested with ectoparasites, or

demonstrating clinical signs of any

communicable disease, will be refused

entry into the United States. This

proposed section also provides that the

importer be given the option of

removing the shipment from the United

States or of releasing the shipment to

the U.S. Department of Agriculture for

disposal. In the latter case, this

proposed section provides that the

Administrator will destroy or otherwise

dispose of the shipment as necessary to

prevent the possible introduction of

communicable animal diseases into the

United States.

All these requirements appear

necessary to help prevent the

introduction of communicable animal

diseases into the United States.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. This 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.

This document proposes to amend the

animal import regulations to prohibit

the importation of hedgehogs and

tenrecs from countries affected with

FMD. Additionally, it would require

hedgehogs and tenrecs from countries

that have been declared free of FMD to

be inspected and treated for

ectoparasites in the country of origin

and to be inspected upon arrival in the

United States.

At present, approximately 3 to 10

small businesses in the United States

import hedgehogs or tenrecs or both.

These businesses specialize in the

importation of exotic species for the

domestic pet industry. Animal

importers pay less than $75 per head to

purchase and transport individual

hedgehogs or tenrecs to the United

States. In the present market, adult

hedgehogs or tenrecs sell for an

estimated retail range of approximately

$120 to $360 each, depending upon age

and species. During calendar year 1990,

approximately 500 to 800 hedgehogs

entered the United States from countries

affected by FMD. Almost all of the

hedgehogs imported into the United

States were imported from Africa.

Although we do not have information

regarding the number of tenrecs

imported into the United States in 1990,

we believe that the number of imported

tenrecs did not exceed the number of

imported hedgehogs. Based upon those

figures, we estimate an annual economic

impact on the United States exotic pet

industry of between $60,000 ($120×500)

to $288,000 ($360×800) due to reduced

sales. This loss in sales represents a

negligible impact for an industry with

sales that exceeded $300 million during

calendar year 1990.

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.

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

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) Docket No. 91–071–1,
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24583

Animal and Plant Health Inspection

Service, Policy and Program

Development, Regulatory Analysis and

Development, 4700 River Road Unit

118, Riverdale, MD 20737–1238, 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 diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

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

Accordingly, 9 CFR part 92 would be

amended as follows:

1. The authority citation for part 92

would continue 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).

2. In part 92, subpart G would be

revised to read as follows:

Subpart G—Miscellaneous Animals

Sec.

92.700 Definitions.

92.701 Prohibitions.

92.702 Restrictions.

92.703 Ports designated for importation.

92.704 Import permit.

92.705 Health certificate.

92.706 Notification of arrival.

92.707 Inspection at the port of first arrival.

Subpart G—Miscellaneous Animals

§ 92.700 Definitions.

Wherever in this subpart the

following terms are used, unless the

context otherwise requires, they shall be

construed, respectively, to mean:

Administrator. The Administrator of

the Animal and Plant Health Inspection

Service or any other employee of the

Animal and Plant Health Inspection

Service, United States Department of

Agriculture, delegated to act in the

Administrator’s stead.

Animal and Plant Health Inspection

Service. The Animal and Plant Health

Inspection Service of the United States

Department of Agriculture (APHIS).

Brushtail possum. Vulpine phalangers

(Trichosurus vulpecula) of the family

Phalangeridae.

Delivery. The transfer of goods or

interest in goods from one person to

another.

Enter (entry). To introduce into the

commerce of the United States after

release from government detention.

Hedgehog. All members of the family

Erinaceidae.

Import (imported, importation). To

bring into the territorial limits of the

United States.

Inspector. An employee of the Animal

and Plant Health Inspection Service

authorized to perform duties required

under this subpart.

Person. Any individual, corporation,

company, association, firm, partnership,

society, or joint stock company.

Tenrec. All members of the family

Tenrecidae.

United States. All of the States of the

United States, the District of Columbia,

Guam, the Northern Mariana Islands,

Puerto Rico, the Virgin Islands of the

United States, and all other territories

and possessions of the United States.

§ 92.701 Prohibitions.

(a) No person may import a hedgehog

or tenrec into the United States from

any country designated in § 94.1 of this

chapter as a country where foot-andmouth disease exists.

(b) No person may import a brushtail

possum or hedgehog into the United

States from New Zealand.

§ 92.702 Restrictions.

Hedgehogs and tenrecs not

specifically prohibited from being

imported under § 92.701 may not be

imported into the United States except

according to the regulations in this

subpart.

§ 92.703 Ports designated for importation.

(a) Any person importing a hedgehog

or tenrec into the United States may

import it, except as provided in

paragraph (b) of this section, only

through the following ports:

(1) Air and ocean ports. Anchorage

and Fairbanks, AK; San Diego and Los

Angeles, CA; Denver, CO; Jacksonville,

Miami, St. Petersburg-Clearwater, and

Tampa, FL; Atlanta, GA; Honolulu, HI;

Chicago, IL; New Orleans, LA; Portland,

ME; Baltimore, MD; Boston, MA;

Minneapolis, MN; Great Falls, MT;

Newburgh, NY; Portland, OR; San Juan,

PR; Galveston and Houston, TX; and

Seattle, Spokane, and Tacoma, WA.

(2) Canadian border ports. Eastport,

ID; Houlton and Jackman, ME; Detroit,

Port Huron, and Sault Ste. Marie, MI;

Opheim, Raymond, and Sweetgrass,

MT; Alexandria Bay, Buffalo, and

Champlain, NY; Dunseith, Pembina, and

Portal, ND; Derby Line and Highgate

Springs, VT; Blaine, Lynden, Oroville,

and Sumas, WA.

(3) Mexican border ports. Douglas,

Naco, Nogales, Sasabe, and San Luis,

AZ; Calexico and San Ysidro, CA;

Antelope Wells, and Columbus, NM;

and Brownsville, Hidalgo, Laredo, Eagle

Pass, Del Rio, Presidio, and El Paso, TX.

(b) The Secretary of the Treasury has

approved the designation, as inspection

stations, of the ports specified in

paragraph (a) of this section. In special

cases, the Administrator may designate

other ports as inspection stations in

accordance with this section, with the

concurrence of the Secretary of the

Treasury.

§ 92.704 Import permit.

(a) General requirements. No person

may import into the United States a

hedgehog or tenrec unless it is

accompanied by an import permit

issued by APHIS and is imported into

the United States within 30 days after

the proposed date of arrival stated in the

import permit. The importer or his or

her agent must notify the inspector at

the port of first arrival of the date of

arrival at least 72 hours before the

hedgehog or tenrec arrives in the United

States.

(b) How to obtain an import permit.

Any person who desires to import a

hedgehog or tenrec must complete and

submit one copy of an application (VS

Form 17–129) for an import permit to

the Import-Export Animals Staff,

National Center for Import-Export,

Veterinary Services, Animal and Plant

Health Inspection Service, United States

Department of Agriculture, 4700 River

Road Unit 39, Riverdale, Maryland

20737–1231. This staff will supply

application forms for import permits

upon request. A separate application

must be prepared for each shipment.

(c) What to include on the application

for an import permit. The importer must

complete, sign, and date the application

for an import permit, which must

include the following information:

(1) The name and address of the

shipper in the country of origin of the

hedgehog or tenrec intended for

importation into the United States.

(2) The name, address, and telephone

number of the importer.

(3) The port of embarkation.

(4) The country from which the

hedgehog or tenrec will be shipped to

the United States.

(5) The mode of transportation.

(6) The number, breed, species, and

descriptions of the hedgehogs or tenrecs

to be imported.

(7) The purpose of the importation.

(8) The route of travel, including all

carrier stops enroute.

(9) The proposed shipping and arrival

dates.

(10) The port of first arrival in the

United States.
24584 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

(11) The name, mailing address, and

telephone number of the person to

whom the hedgehog or tenrec will be

delivered in the United States.

(12) The location of the place where

delivery will be made in the United

States.

(13) Any remarks regarding the

shipment.

(d) What will happen to the

application for an import permit. Upon

receipt of the application, APHIS will

review the application. If the hedgehog

or tenrec appears to be eligible to be

imported into the United States, APHIS

will issue an import permit indicating

the applicable requirements under this

subpart for the importation of the

hedgehog or tenrec. Even though an

import permit has been issued for the

importation of a hedgehog or tenrec, the

animal may enter the United States only

if all applicable requirements of this

subpart have been met.

§ 92.705 Health certificate.

A hedgehog or tenrec may not be

imported into the United States unless

accompanied by a health certificate

either issued by a full-time salaried

veterinary officer of the national

government of the exporting country, or

issued by a veterinarian authorized or

accredited by the national government

of the exporting country and endorsed

by a full-time salaried veterinary officer

of the national government of that

country. The health certificate must

contain the names and street addresses

of the consignor and consignee and

must state:

(a) That the hedgehog or tenrec

originated in a country that has been

recognized as free of foot-and-mouth

disease by the USDA;

(b) That the hedgehog or tenrec has

never been in a country where foot-andmouth disease exists;

(c) That the hedgehog or tenrec has

not been commingled with any other

hedgehog or tenrec that originated in or

has ever been in a country where footand-mouth disease exists;

(d) That the hedgehog or tenrec was

inspected by the individual issuing the

health certificate and was found free of

any ectoparasites not more than 72

hours before being loaded on the means

of conveyance which transported the

animal to the United States;

(e) That all body surfaces of the

hedgehog or tenrec were treated for

ectoparasites under the supervision of

the veterinarian issuing the health

certificate at least 3 days but not more

than 14 days before being loaded on the

means of conveyance that transported

the animal to the United States;

(f) That the pesticide and the

concentration used was adequate to kill

the types of ectoparasites likely to infest

the animal to be imported;

(g) That the hedgehog or tenrec, after

being treated for ectoparasites in

accordance with paragraphs (e) and (f)

of this section, had physical contact

only with, or shared a pen or bedding

materials only with, treated hedgehogs

or tenrecs in the same shipment to the

United States; and

(h) The name and concentration of the

pesticide used to treat the hedgehog or

tenrec.

§ 92.706 Notification of arrival.

Upon the arrival of a hedgehog or

tenrec at the port of first arrival in the

United States, the importer or his or her

agent must present the import permits

and health certificates required by this

subpart to the collector of customs for

the use of the inspector at that port.

§ 92.707 Inspection at the port of first

arrival.

(a) A hedgehog or tenrec from any

part of the world must be inspected by

an APHIS inspector at the port of first

arrival. Subject to the other provisions

in this subpart, a shipment of hedgehogs

or tenrecs may enter into the United

States only if each hedgehog or tenrec

in the shipment is found free of

ectoparasites and any clinical signs of

communicable diseases.

(b) If any hedgehog or tenrec in a

shipment is found to be infested with

ectoparasites or demonstrates any

clinical signs of communicable diseases,

then the entire shipment will be refused

entry. The importer will be given the

following options:

(1) Remove the shipment from the

United States; or

(2) Release the shipment to the U.S.

Department of Agriculture. The

Administrator will destroy or otherwise

dispose of the shipment as necessary to

prevent the possible introduction into

the United States of communicable

animal diseases.

Done in Washington, DC, this 27th day of

April 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–11374 Filed 5–8–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Parts 112 and 113

[Docket No. 94–046–1]

Viruses, Serums, Toxins, and

Analogous Products; Marek’s Disease

Vaccines

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend the standard requirements for

Marek’s disease vaccines by including

vaccines prepared from any of the three

Marek’s disease virus serotypes, and by

defining the identity, safety, and

efficacy requirements for vaccines

prepared from each serotype or

combinations of serotypes. The

proposed rule would also amend the

requirements for labeling Marek’s

disease vaccines. These proposed

amendments are necessary based on the

evolution of the disease in the field,

advances in the types of vaccines

currently prepared to prevent the

disease, and advances in the methods of

evaluating such vaccines. The effect of

the proposed rule would be to save

licensees time during the application

process by clarifying and codifying the

guidelines developed for licensing these

products over the past several years.

DATES: Consideration will be given only

to comments received on or before July

10, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket 94–046–1, 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.

94–046–1. 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. David Espeseth, Deputy Director,

Veterinary Biologics, BBEP, APHIS,

4700 River Road Unit 148, Riverdale,

MD, 20737–1237, (301) 734–8245.

SUPPLEMENTARY INFORMATION:

Background

Veterinary biologics are regulated

under the Virus-Serum-Toxin Act of

1913, as amended by the Food Security

Act of 1985 (21 U.S.C. 151–159,

hereinafter referred to as the Act). In

accordance with this Act, the Animal