Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25151

Some Federal employees have

suggested that OPM change the timing

of the tropical area surveys to the winter

months. OPM reviewed information

from the Bureau of Labor Statistics; the

Department of Defense Per Diem,

Travel, and Transportation Allowance

Committee; the Puerto Rico Department

of Labor and Human Resources, and the

Guam Department of Commerce. With

one exception, OPM did not find

evidence of significant seasonal

variation in prices in the tropical

allowance areas or in the Washington,

DC, area. The exception was hotel and

motel prices, which appear to vary

significantly by season in Kauai,

Hawaii; Maui, Hawaii; San Juan, Puerto

Rico; and the U.S. Virgin Islands. In

terms of lodging prices, the ‘‘peak

tourist season’’ for these areas seems

generally to be the months of January

through March.

Although lodging prices may vary

significantly by season in some areas,

the evaluation of available information

leads OPM to believe that most other

prices do not. Therefore, changing the

timing of the tropical area surveys

should have little effect on the COLA

rates and will address suggestions made

by some COLA recipients. In addition,

the change should reduce the survey’s

public burden and cost. If both the

tropical areas and the Alaska areas are

surveyed in the January through March

time frame, Washington, DC, area prices

would be surveyed only once—not

twice, as is currently the case. This will

reduce the reporting burden of the

respondents in the DC area and some of

the Government’s costs associated with

the surveys. Therefore, in view of the

COLA recipients’ suggestions, the

potential benefit to the public and the

Government, and anticipated minimal

impact, OPM plans to conduct livingcost surveys in Hawaii, Guam, Puerto

Rico, and the U.S. Virgin Islands in the

first quarter of the calendar year

beginning with the next survey, which

will be conducted in the first quarter of

calendar year 1996.

E.O. 12866, Regulatory Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with E.O. 12866.

Regulatory Flexibility Act

I certify that this regulation would not

have a significant economic impact on

a substantial number of small entities

because the regulation would affect only

Federal agencies and employees.

List of Subjects in 5 CFR Part 591

Government employees, Travel and

transportation expenses, Wages.

Office of Personnel Management

James B. King,

Director.

Accordingly, OPM proposes to amend

5 CFR part 591 as follows:

PART 591—ALLOWANCES AND

DIFFERENTIALS

Subpart B—Cost-of-Living Allowance

and Post Differential—Nonforeign

Areas

1. The authority citation for subpart B

of Part 591 continues to read as follows:

Authority: 5 U.S.C. 5941; E.O. 10000, 3

CFR, 1943–1948 Comp., p. 792; E.O. 12510,

3 CFR, 1985 Comp., p. 338.

2. Section 591.205 is amended by

removing the word ‘‘several’’ in

paragraphs (b) and (b)(1) and by adding

the words ‘‘one or more’’ in its place; in

paragraph (b)(3) by removing the second

and third sentences and adding in their

place the sentence, ‘‘Standard shelter

specifications (type and size) and

appropriate living communities are

selected for survey.’’; and in paragraph

(c) by revising the third sentence to read

as follows:

§ 591.205 Comparative cost index.

* * * * *

(c) * * * When two or more income

levels are used in the analyses, the

dollar amounts for each income level

are weighted into one average amount to

reflect the GS grade distribution for the

allowance area. * * *

* * * * *

§ 591.210 [Amended]

3. In § 591.210, paragraph (d) is

removed; and paragraphs (e), (f), and (g)

are redesignated as paragraphs (d), (e),

and (f), respectively.

[FR Doc. 95–11543 Filed 5–10–95; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 92 and 98

[Docket No. 94–085–2]

Importation of Sheep and Goats and

Germ Plasm From Sheep and Goats

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the animal importation regulations to

revise who may issue health certificates

for ruminants offered for importation.

This amendment would make the

regulations more consistent with regard

to different animals and countries and

would provide for an alternative method

of issuing health certificates. We are

also proposing to amend the animal

importation regulations to revise the

conditions for importing sheep and

goats. Likewise, we are proposing to

amend the animal germ plasm

regulations to revise the conditions for

importing germ plasm from sheep and

goats. These changes appear necessary

to prevent the importation of sheep and

goats, and germ plasm from sheep and

goats, that may be affected with scrapie.

In addition, we are proposing to

amend the animal importation

regulations to allow imported goats to

be quarantined in privately operated

quarantine facilities that meet the

requirements that now apply to

privately operated quarantine facilities

for sheep. This amendment would

provide uniform rules for the quarantine

of animals which pose an identical

disease risk.

Lastly, we are proposing to remove

from the regulations health certificate

requirements with regard to the

importation of sheep from New Zealand.

Since it appears that sheep from New

Zealand pose no greater disease risk

than sheep from other countries, it is no

longer necessary to require such sheep

to meet special health certificate

requirements.

COMMENTS: 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. 94–085–2, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1228. Please state that your comments

refer to Docket No. 94–085–2.

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.

Joyce Bowling, Staff Veterinarian, or Dr.

Roger Perkins, Staff Veterinarian,

Animal and Plant Health Inspection

Service, Veterinary Services, National

Center for Import and Export, 4700

River Road Unit 38, Riverdale, MD

20737–1228. Telephone: (301) 734–

8170.
25152 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92

govern the importation into the United

States of live animals, including sheep

and goats, which are regulated in part to

prevent those infected with scrapie from

transmitting the disease to livestock in

the United States. The regulations in 9

CFR part 98 govern the importation into

the United States of germ plasm (semen

and embryos), including germ plasm

from sheep and goats.

Scrapie is a progressive degenerative

disease of the central nervous system of

sheep and goats. Scrapie occurs more

often in certain flocks and herds and

certain bloodlines, indicating that these

animals may be genetically predisposed

to become infected with or develop the

disease. Scrapie may also be transmitted

by breeding and other physical contact

between animals.

The disease develops slowly, with an

incubation period lasting up to 5 years.

The signs which then become manifest

may include nervousness,

incoordination, slight muscular tremors,

visible weight loss, lack of luster in the

animals’ wool, and itching. Affected

animals become debilitated and die.

There is no diagnostic test for

confirming the presence of the disease

in a live animal or in germ plasm.

Therefore, presence of the disease

cannot be detected until an animal

becomes clinically ill. There is no

known treatment for the disease. The

impact of the disease in the United

States could increase if spread of the

disease is not controlled, or if incidence

of the disease increases. For these

reasons, our regulations are intended to

prevent the importation of animals and

germ plasm that could transmit scrapie,

while controlling spread of the disease

as it exists in the United States and

eliminating foci of infection.

The regulations in 9 CFR parts 92 and

98 are designed, in part, to prevent the

importation of scrapie-infected animals

and germ plasm into the United States.

Other regulations concerning scrapie are

contained in 9 CFR parts 54 and 79. The

regulations in part 54 deal with

controlling scrapie in the United States,

and include, among other things, the

Voluntary Scrapie Flock Certification

Program. The regulations in part 79

concern identification of sheep and

goats in the United States that are or

may be affected with scrapie, and

restrict the interstate movement of

sheep and goats so as to prevent the

interstate spread of scrapie.

In this document we are proposing to

amend the regulations in parts 92 and

98, as they pertain to the importation of

sheep and goats and of germ plasm from

sheep and goats. In our discussion, we

refer to the regulations in both these

parts of the CFR as ‘‘the regulations.’’

Proposed amendments to each part are

discussed separately.

Changes to Part 92

Under part 92 regulations, sheep and

goats may enter the United States only

if they meet certain conditions intended

to prevent the importation of sheep and

goats that may be affected with scrapie.

The regulations have varying and

sometimes inconsistent requirements

concerning the source of the animals,

the length of time animals must have

been in scrapie-free locations, and

whether they must be accompanied by

a health certificate.

We believe the regulations should be

amended to better target the animals

most likely to be infected with scrapie

and not unduly restrict the animals

which do not pose a significant threat of

disease. We also believe the regulations

should be amended to clarify them and

make them more uniform. We are

therefore proposing various

amendments, which are discussed

individually below.

Certificates—Issuance

We are proposing to amend the

regulations concerning certificates.

Under our current regulations, most

ruminants imported into the United

States must be accompanied by a

certificate containing health

information. Our existing regulations

state that most certificates must be

issued by ‘‘a salaried veterinary officer

of the national government of the

country of origin,’’ unless the animal is

imported from Mexico, in which case,

as an alternative, the certificate can also

be issued by a veterinarian accredited

by the National Government of Mexico

and endorsed by a full-time salaried

veterinary officer of the National

Government of Mexico (see existing

§ 92.405(a)). Other sections of the

regulations, concerning specific animals

from specific countries, contain slightly

different requirements. For example,

existing § 92.418(a), concerning cattle

from Canada, states that a certificate

‘‘issued or endorsed by a salaried

veterinarian of the Canadian

Government’’ is required. Section

92.419(a), concerning sheep and goats

from Canada, states that a ‘‘certificate

either issued by a salaried veterinarian

of the Canadian Government or issued

by a veterinarian authorized by the

Canadian Government to issue such

certificates and subsequently endorsed

by a salaried veterinarian of the

Canadian Government’’ is required.

Section 92.423(a), concerning ruminants

from Central America and the West

Indies, requires a ‘‘certificate of a

salaried veterinarian of the national

government of the country of origin.’’

We believe our regulations should be

as consistent as possible. We also

believe an alternative method of issuing

certificates, such as is available for

ruminants imported from Mexico,

should be available to importers of

ruminants from all countries. Such a

change would not affect the risk of

spreading animal diseases to the United

States. Therefore, we are proposing to

amend the certificate requirements in

§ 92.405(a) to state that certificates must

be either: (1) Issued by a salaried

veterinary officer of the national

government of the country of origin, or,

alternatively; (2) issued by a

veterinarian accredited or designated by

the national government of the country

of origin and endorsed by a full-time

salaried veterinary officer of the

national government of the country of

origin, thereby representing that the

veterinarian issuing the certificate was

authorized to do so.

Like the United States, Mexico

accredits veterinarians to act on behalf

of the national government and perform

functions required under these

regulations. Other countries ‘‘designate’’

veterinarians to perform such work. For

this reason, we propose to use both

terms in our regulations. In addition, we

would amend existing §§ 92.418(a),

92.419(a), 92.423(a), 92.427, 92.428(a),

and 92.429 to remove the requirements

concerning who may issue a certificate

and to refer instead to the requirements

in proposed § 92.405(a). As explained

above, these amendments would not

have any effect on disease risk. These

amendments would, however, allow

importers more flexibility, and would

make the certificate issuance

requirements uniform while

consolidating them in one section of the

regulations.

Health Requirements

Section 92.405(b) contains

requirements for certifying the health

status, with respect to scrapie, of sheep

and goats intended for importation into

the United States. We propose to amend

§ 92.405(b) to require that the certificate

accompanying the sheep or goats state

that:

(1) The sheep or goats have not been

in any flock or herd nor had contact

with sheep or goats which have been in

any flock or herd where scrapie has

been diagnosed or suspected during the

5 years immediately prior to shipment;

(2) None of the female sheep or goats

in the flock or herd from which the
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25153

1 Individual copies of the UM&R may be obtained

from the Animal and Plant Health Inspection

Service, Veterinary Services, National Center for

Import and Export, 4700 River Road Unit 38,

Riverdale, MD 20737–1231.

sheep or goats will be imported was

impregnated, during the 5 years

immediately preceding shipment of the

sheep or goats to the United States, with

embryos or semen from another country

other than the United States or from a

flock or herd of unknown scrapie status;

(3) The veterinarian issuing the

certificate has inspected the sheep or

goats in the flock or herd from which

the sheep or goats will be imported and

found the flock or herd to be free of

clinical symptoms of scrapie, and of any

other infectious or contagious disease;

(4) None of the sheep or goats in the

flock or herd from which the sheep or

goats will be imported is the progeny of

a sire or dam that has been affected with

scrapie or that has produced offspring

that have been affected with scrapie;

and

(5) As far as it is possible for the

veterinarian who inspects the animals to

determine, none of the sheep or goats in

the flock or herd from which the sheep

or goats will be imported has been

exposed to scrapie or any other

infectious or contagious disease during

the 60 days immediately preceding

shipment to the United States.

For reasons explained below, these

requirements appear necessary to help

ensure that animals to be imported into

the United States are not infected with

scrapie and have not been exposed to

scrapie.

Currently, our regulations require that

sheep and goats come from a scrapiefree ‘‘district.’’ This requirement was

designed to ensure that scrapie is not

imported through sheep and goats

originating in districts where scrapie

exists. However, because scrapie is

apparently transmitted through close

physical contact, it is necessary to

determine the health status of the sheep

or goats with which the imported

animal has had such contact. Therefore,

we believe it is unnecessary to require

that animals come from a scrapie-free

‘‘district,’’ and our proposed regulations

focus instead on the animals’ flock or

herd.

Our regulations also currently require,

in different sections, that sheep and

goats, to be eligible for importation into

the United States, must have been in

scrapie-free locations for the preceding

3 years or for the preceding 42 months

(e.g., §§ 92.405(b)(iii) and 92.419(a)(3)).

However, an animal can be over 4 years

of age before it shows symptoms of

scrapie. The age when signs first appear

is variable. We believe that 5 years, or

60 months, would be adequate to ensure

that an animal is not infected.

We are proposing to require that

inspections be conducted by the

veterinarian who issues the certificate in

order to ensure that the animals are

inspected by a veterinarian qualified to

detect scrapie and other diseases. The

proposed requirements concerning the

health of the sire and dam, and other

progeny of the sire and dam are

intended to help ensure that the animals

to be imported are not infected with

scrapie. In addition, the proposed

restriction on the use of embryos or

semen from other countries or from

flocks or herds of unknown scrapie

status is intended to ensure that scrapie

has not been introduced into the flock

or herd from which the animals are to

be imported into the United States.

We are proposing to use both ‘‘flock’’

and ‘‘herd’’, although the terms are

synonymous. This usage is standard in

the livestock industry: ‘‘flock’’ is used in

connection with sheep, and ‘‘herd’’ is

used in connection with goats. In

connection with this proposed

amendment, we are also proposing to

amend the definition of herd in

§ 92.400. We would make the wording

identical to the definition of flock in

§ 54.1, which reads: ‘‘All animals

maintained on any single premises; and

all animals under common ownership

or supervision on two or more premises

which are geographically separated, but

among which there is an interchange or

movement of animals.’’ We would also

add the same definition of flock to

§ 92.400 and to the regulations in part

98. These changes are intended to make

our regulations consistent and avoid

possible different interpretations. Later

in this document, under the heading

Part 98, we discuss our proposal to add

a definition of flock to that part.

Additional Requirements

To further ensure that imported sheep

and goats do not transmit scrapie to

sheep and goats in the United States, we

are proposing to add a new set of

requirements in proposed § 92.435.

Proposed § 92.435 would not apply to

Australia, Canada, and New Zealand

since we do not believe sheep and goats

imported from these countries pose a

risk of transmitting scrapie into the

United States. Australia and New

Zealand are recognized by the United

States Department of Agriculture and

the Office International des Epizooties

(Office of International Epizootics) as

scrapie-free countries. Therefore, sheep

and goats from these countries pose no

risk of importing scrapie into the United

States. Although Canada is not free of

scrapie, Canada employs reporting and

surveillance requirements equivalent to

the United States. Such requirements

include, but are not limited to: (1)

Reporting incidence of scrapie; (2)

restriction of animal movement within

the country because of scrapie; (3)

identification of flocks or herds with

scrapie; and (4) depopulation

mechanisms for scrapie (i.e., removal of

high-risk animals). Canadian regulations

are distinctly designed to control the

spread of scrapie within that country.

Furthermore, APHIS and Canadian

animal health authorities closely

coordinate scrapie control efforts. Under

these circumstances, it appears

unnecessary and unproductive to

impose the requirements proposed in

new § 92.435 upon sheep and goats

imported from Australia, Canada or

New Zealand.

With certain exceptions, we propose

to allow sheep or goats to be imported

into the United States only if they meet

one of the following two conditions: (1)

They are placed in a flock or herd that

participates in the Voluntary Scrapie

Flock Certification Program and

qualifies at the ‘‘Certified’’ level; or (2)

they are placed in a flock or herd that

participates in the Voluntary Scrapie

Flock Certification Program and the

owner of the flock or herd has agreed in

writing to continue to do so until the

flock or herd meets the conditions for

being ‘‘Certified.’’

The Voluntary Scrapie Flock

Certification Program (see 9 CFR part

54, subpart B, §§ 54.10–54.13 and the

‘‘Uniform Methods and Rules—

Voluntary Scrapie Flock Certification

Program’’ (UM&R)) 1 is designed to

reduce the incidence and control the

spread of scrapie. It was established

after several years of discussion and

input from industry representatives,

members of the public, and other

affected and interested parties. Among

other things, it establishes an official

tamper-proof identification system for

sheep and goats in the Program. It also

requires that participating animals be

regularly inspected and that flock and

herd owners keep records of sales and

dispersals. The long-term goal of the

Program is to reduce the incidence of

scrapie in the United States.

Herds and flocks participating in the

Voluntary Scrapie Flock Certification

Program are classified according to the

risk of their being infected with scrapie.

Each herd receives an identifying

number. From greatest to least risk

(referred to also as from lowest to

highest level), the classes are: Certifiable

Class C, Certifiable Class B, Certifiable

Class A, and Certified.

Under proposed § 92.435, prospective

importers would have to provide the

Volunteer Scrapie Flock Certification
25154 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

Program identification number of the

receiving flock or herd as part of their

permit application. A permit would not

be issued unless the permit application

identified a flock or herd to receive the

imported animals. Wethers, sheep and

goats imported for immediate slaughter,

and wild sheep and goats imported to

an approved zoological park for

exhibition purposes would be exempt

from this requirement. These animals,

provided they have met all applicable

permit, certificate, and other

requirements of the regulations, would

not present any significant risk of

transmitting scrapie.

Under option 1, only animals from

flocks or herds in the country of origin

which were participating in a program

that is equivalent to our Voluntary

Scrapie Flock Certification Program, and

which were at a level equivalent to the

‘‘Certified’’ level, could qualify to be

imported. Animals imported into

‘‘Certified’’ flocks or herds could be

removed from the flocks or herds at any

time, at the option of the owner. This is

in accordance with the terms of the

Voluntary Scrapie Flock Certification

Program, which allows participants to

leave the program at any time. Animals

in ‘‘Certified’’ flocks or herds pose little

or no risk of transmitting scrapie.

Likewise, under option 2, receiving

flocks and herds would have to

participate in the Voluntary Scrapie

Flock Certification Program. However,

owners of receiving flocks and herds

would have to agree, in writing, to abide

by the requirements of the Program for

a minimum of 5 years, or until the flock

or herd reached ‘‘Certified’’ status. At

that time, animals in the flock or herd

could be removed to any location. Prior

to that, animals could only be removed

to other flocks or herds which have met

the requirements of § 92.435 for

receiving sheep or goats imported under

option 2 and which have reached the

same certification level or are at a lower

level (i.e., are at an equal or greater risk).

For example, sheep and goats in

receiving herds at the Certifiable Class

B level could be moved to other

complying herds at the Certifiable Class

B or Class C level. They could not be

moved to flocks or herds at the Certified

or Certifiable Class A level.

Under current requirements of the

Voluntary Scrapie Flock Certification

Program, such animals would have to

remain in a ‘‘Certifiable’’ flock or herd

until the flock or herd achieved

‘‘Certified’’ status, which would vary

from 2 years (animals entering

Certifiable Class A herds), 4 years

(animals entering Certifiable Class B

herds), and 5 years (animals entering

Certifiable Class C herds). If the

classification status of the receiving

herd fell after the animals were added

to the flock or herd, the animals would

have to remain in that flock or herd, or

another complying flock or herd of

equal or lower status (i.e., greater risk),

until the flock or herd achieved

‘‘Certified’’ status.

Animals imported under option 2

would have to be placed in Certifiable

Class C flocks or herds, unless: (1) They

came from flocks or herds that were

participating in a program in the

country of origin that was equivalent to

our Voluntary Scrapie Flock

Certification Program; and (2) the flock

or herd was participating at a level

equivalent to ‘‘Certifiable Class B’’ or

‘‘Certifiable Class A.’’ The animals

would then be placed in either a

certifiable Class B or A flock or herd,

depending upon the level in the country

of origin.

In addition to meeting the

requirements of § 92.405, the certificate

accompanying all sheep and goats

imported under proposed § 92.435,

except sheep and goats placed in

Certifiable Class C flocks or herds,

would have to state that: ‘‘The animals

identified on this certificate have been

monitored by a salaried veterinary

officer of [name of country of origin], for

[number of months], in the same source

flock or herd which had been

determined by the Administrator,

APHIS, prior to the exportation of these

animals to the United States, to be

equivalent to [certification level] of the

Voluntary Scrapie Flock Certification

Program authorized under 9 CFR Part

54, subpart B.’’

The Administrator of the Animal and

Plant Health Inspection Service (APHIS)

would determine, in advance of the

importation, whether a country from

which the animals are to be imported

has a scrapie control program equivalent

to our Voluntary Scrapie Flock

Certification Program. The

Administrator also would determine, in

advance of the importation, the

participation status of the flock or herd.

Prospective importers who wish to

import sheep and goats into flocks or

herds in the United States would have

to supply certain information to APHIS,

at the time they apply for an import

permit, in order for the Administrator to

make these determinations. We intend

to recommend that prospective

importers apply for permits no less than

1 month prior to the anticipated date of

importation.

The information provided would have

to include the name, title, and address

of a knowledgeable official in the

veterinary services of the country of

origin, and details of scrapie control

programs in the country of origin,

including information on disease

surveillance and border control

activities and the length of time these

activities have been in effect. We would

also require information concerning

additions to the herd or flock from

which the sheep or goats would be

imported during the 5 years

immediately preceding shipment to the

United States. Additionally, we would

require any available data concerning

disease incidence, during the 5 years

immediately preceding shipment, in the

flock or herd from which the sheep or

goats would be imported, including, but

not limited to, the results of diagnostic

tests, especially histopathology tests,

conducted on any animals in the flock

or herd. The prospective importer

would also be asked to include

information concerning the health of

other ruminants, flocks, and herds with

which the imported sheep and goats,

and with which animals in the sheep or

goats’ flock or herd, might have had

physical contact over the 5 years

immediately preceding shipment of the

sheep or goats to the United States, and

a description of the type and frequency

of the physical contact. This

information appears necessary to make

a determination of the disease status of

the flock or herd from which the sheep

or goats would be imported. The

Administrator could require additional

information as needed in specific cases

to make a final determination.

The Administrator would determine

that a program was equivalent only if

the requirements of the program

equalled or exceeded the management

practices required under our Voluntary

Scrapie Flock Certification Program. We

have determined, based on experience,

that if these practices are followed, they

effectively ensure that flocks and herds

remain free of scrapie. Sheep and goats

imported from flocks and herds that

meet equivalent standards are unlikely

to have been exposed to scrapie.

Any violation of the import

requirements set forth in proposed

§ 92.435 would be a basis for an

enforcement action, including, but not

limited to, the removal from the United

States of the animals imported.

Miscellaneous Amendments

We also propose to remove § 92.433

and to amend § 92.411. Section 92.433

concerns importation of sheep from

New Zealand; § 92.411 contains crossreferences to § 92.433 and sheep from

New Zealand.

The provisions of current § 92.433

first became effective on June 10, 1988

(see 53 FR 21794–21809, Docket 88–

057). At that time, there appeared to be
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25155

considerable interest in importing large

numbers of sheep from New Zealand. It

was anticipated that more sheep would

be imported from New Zealand than

could be handled at existing Federal

quarantine facilities. The regulations

were therefore amended to provide for

privately operated quarantine facilities

for sheep, including sheep from New

Zealand, and to add health certification

requirements concerning sheep from

New Zealand.

We propose to remove the health

certification requirements. Not only are

large numbers of sheep from New

Zealand not currently imported into the

United States, but our experience has

shown that sheep imported from New

Zealand do not pose any disease or pest

risk not also posed by sheep from other

countries. We therefore believe that

requiring sheep from New Zealand to

meet special health certification

requirements is unnecessary. We are

therefore proposing to remove § 92.433.

In addition, we would amend

§ 92.411(b) to remove references to

§ 92.433 and sheep from New Zealand.

Section 92.411(b)(1) also provides that

certain ruminants imported into the

United States must be quarantined for

not less than 15 days. We propose to

amend § 92.411 to require quarantine of

not less than 30 days for all ruminants

that must be quarantined under the

regulations. A minimum of 30 days,

which is already the minimum time

required for cattle, is necessary to

ensure that there is adequate time to

complete required testing.

We also propose to amend § 92.434.

This section contains requirements for

privately operated quarantine facilities

for sheep. We would amend this section

so that the same requirements would

apply to privately operated quarantine

facilities for goats. Goats are normally

raised under similar conditions and are

subject to the same diseases and pests

as sheep. They therefore pose the same

disease risks as sheep. Under these

circumstances, we believe goats can be

safely handled in privately operated

quarantine facilities that meet the same

requirements that apply to privately

operated quarantine facilities for sheep.

Changes to Part 98

The regulations in part 98 for

importation of embryos from countries

free of rinderpest and foot-and-mouth

disease are contained in subpart A.

These regulations require, among other

things, that embryos may be imported if

the donor sire and donor dam meet all

the requirements they would have to

meet under part 92 for a health

certificate for importation into the

United States (§ 98.3 (d) and (e)). The

regulations in part 98 for importation of

animal semen are contained in subpart

C. These regulations do not contain

provisions for health certification of the

donor sire, except when the animal

semen is imported from a country where

rinderpest or foot-and-mouth disease

exists (§ 98.34(c)(1)(i)). We are

proposing to amend the regulations in

part 98, subparts A and C, to add

specific requirements concerning the

importation of germ plasm from sheep

and goats, to prevent importations of

germ plasm that could transmit scrapie.

We are proposing that sheep and goat

germ plasm from any country be

accompanied by a health certificate

either issued by a salaried veterinary

officer of the national government of the

country of origin, or issued by a

veterinarian accredited or designated by

the national government of the country

of origin and endorsed by a full-time

salaried veterinary officer of the

national government of the country of

origin, thereby representing that the

veterinarian issuing the certificate was

authorized to do so.

The certificate would have to state

that:

(1) The semen donor, or the embryos’

sire and dam, have not been in any flock

or herd nor had contact with sheep or

goats which have been in any flock or

herd where scrapie has been diagnosed

or suspected during the 5 years prior to

the date of collection of the semen or

embryos;

(2) The semen donor, or the embryos’

sire and dam, showed no evidence of

scrapie at the time of collection of the

semen or embryos;

(3) Scrapie has not been suspected nor

confirmed in any progeny of the

embryos’ donor dam; and

(4) The parents of the semen donor, or

the embryos’ sire and dam, are not, nor

were not, affected with scrapie.

These requirements appear necessary

to help ensure that imported sheep and

goat germ plasm is not affected with

scrapie. Although it would be useful to

confirm the absence of scrapie in the

progeny of semen donors, we are not

proposing to require this information.

Obtaining it would be impracticable, as

semen donors may have thousands of

progeny. Consequently, as provided

above in (3), we are only requiring the

certificate to state such information with

regard to the progeny of the embryos’

donor dam.

To further ensure that sheep and goat

germ plasm imported into the United

States does not transmit scrapie to sheep

and goats in the United States, we are

proposing additional requirements for

sheep and goat germ plasm from all

countries except Australia, Canada, and

New Zealand. As explained above, we

do not believe sheep, goats, or germ

plasm thereof, pose a risk of

transmitting scrapie into the United

States if imported from australia,

Canada, or New Zealand. Australia and

New Zealand are recognized by the

United States Department of Agriculture

and the Office of International

Epizootics as scrapie-free countries.

Therefore, germ plasm from sheep and

goats in these countries poses no risk of

importing scrapie into the United States.

Although Canada is not free of scrapie,

Canada employs reporting and

surveillance requirements equivalent to

the United States. Such requirements

include, but are not limited to: (1)

Reporting incidence of scrapie; (2)

restriction of animal movement within

the country because of scrapie; (3)

identification of flocks or herds with

scrapie; and (4) depopulation

mechanisms for scrapie (i.e., removal of

high-risk animals). Canadian regulations

are distinctly designed to control the

spread of scrapie within that country.

Furthermore, APHIS and Canadian

animal health authorities closely

coordinate scrapie control efforts. Under

these circumstances, it appears

unnecessary and unproductive to

impose restrictions on the germ plasm

of sheep and goats which is imported

from Australia, Canada, or New

Zealand.

We are proposing to allow the germ

plasm to be imported into the United

States only if it is transferred into

females in a flock or herd in the United

States that meets one of the following

two conditions: (1) The flock or herd

participates in the Voluntary Scrapie

Flock Certification Program and

qualifies at the ‘‘Certified’’ level; or (2)

the flock or herd participates in the

Voluntary Scrapie Flock Certification

Program, and the owner of the flock or

herd has agreed in writing to continue

to do so until the flock or herd,

including all progeny resulting from the

imported germ plasm, meets the

conditions for being ‘‘Certified.’’

Prospective importers would be

required to provide the Volunteer

Scrapie Flock Certification Program

identification number of the receiving

flock or herd as part of the application

for an import permit for the germ plasm.

Under option 1, only germ plasm from

animals in flocks or herds in the country

of origin which were participating in a

program that is equivalent to our

Voluntary Scrapie Flock Certification

Program, and which were at a level

equivalent to the ‘‘Certified’’ level,

could qualify to be imported. Animals

in the receiving flock or herd, including

animals born of females who received
25156 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

the imported germ plasm, could be

removed from the flock or herd at any

time, at the option of the owner. This is

in accordance with the terms of the

Voluntary Scrapie Flock Certification

Program, which allows participants to

leave the program at any time. Animals

in ‘‘Certified’’ flocks or herds pose little

or no risk of transmitting scrapie.

Germ plasm imported under option 2

would have to be transferred to females

in Certifiable Class C flocks or herds,

unless: (1) The germ plasm came from

animals in a flock or herd that was

participating in a program in the

country of origin that was equivalent to

our Voluntary Scrapie Flock

Certification Program; and (2) the flock

or herd was participating at a level

equivalent to ‘‘Certifiable Class B’’ or

‘‘Certifiable Class A.’’

Animals in ‘‘Certifiable’’ flocks or

herds, including all progeny from the

imported germ plasm, would have to

remain in the flock or herd, or a flock

or herd of the same or lower status (i.e.,

greater risk), until the flock or herd met

the conditions for being ‘‘Certified.’’

(See the explanation given under

‘‘Changes to Part 92, Additional

Requirements’’)

In addition, the certificate

accompanying all embryos imported

under options 1 or 2, except embryos

transferred to a female in a flock or herd

at the Certifiable Class C level, would

have to state that: ‘‘The embryos

identified on this certificate are the

progeny of a dam and sire that have

been monitored by a salaried veterinary

officer of [name of country of origin], for

[number of months], in the same source

flock or herd which had been

determined by the Administrator,

APHIS, prior to the exportation of the

embryos to the United States, to be

equivalent to [certification level (of dam

or sire) presenting greater risk] of the

Voluntary Scrapie Flock Certification

Program authorized under 9 CFR part

54, subpart B.’’ The certificate

accompanying all semen imported

under options 1 or 2, except semen

transferred to a female in a flock or herd

at the Certifiable Class C level, would

have to state that: ‘‘The semen identified

on this certificate has been collected

from a sire that has been monitored by

a salaried veterinary officer of [name of

country of origin], for [number of

months], in the same source flock or

herd which had been determined by the

Administrator, APHIS, prior to the

exportation of the semen to the United

States, to be equivalent to [certification

level] of the Voluntary Scrapie Flock

Certification Program authorized under

9 CFR part 54, subpart B.’’

The Administrator would determine,

in advance of the importation, whether

a country from which the germ plasm is

to be imported has a scrapie control

program equivalent to our Voluntary

Scrapie Flock Certification Program.

The Administrator would also

determine, in advance of the

importation, the participation status of

the flock or herd. Prospective importers

who wish to import sheep or goat germ

plasm into flocks or herds in the United

States would have to supply certain

information to APHIS at the time they

apply for an import permit. We intend

to recommend that prospective

importers apply for permits no less than

1 month prior to the anticipated date of

importation.

The information provided would have

to include the name, title, and address

of a knowledgeable official in the

veterinary services of the country of

origin, and the details of scrapie control

programs in the country of origin,

including information on disease

surveillance and border control

activities and the length of time that

these activities have been in effect. We

would also require information

concerning additions to the herd or

flock of the embryos’ sire and dam, and

the flock or herd of the semen donor,

during the 5 years preceding collection

of the germ plasm. Additionally, we

would require any available data

concerning disease incidence during the

5 years preceding collection of the germ

plasm in the flock or herd of the

embryos’ sire and dam, and the flock or

herd of the semen donor, including, but

not limited to, the results of any

diagnostic tests, especially

histopathology tests, conducted on any

animals in the flock or herd. The

prospective importer would also be

asked to include information concerning

the health of other ruminants, flocks,

and herds with which the embryos’ sire

and dam, the semen donor, the animals

in the flock or herd of the embryos’ sire

and dam, and the animals in the flock

or herd of the semen donor, might have

had physical contact over the 5 years

preceding collection of the germ plasm,

and a description of the type and

frequency of the physical contact. This

information appears necessary to make

a determination of the disease status of

the flock or herd of the embryos’ sire

and dam, and the flock or herd of the

semen donor. The Administrator could

require additional information as

needed in specific cases to make a final

determination.

The Administrator would determine

that a program was equivalent only if

the requirements of the program

equalled or exceeded the management

practices required under our Voluntary

Scrapie Flock Certification Program. We

have determined, based on experience,

that if these practices are followed, they

effectively ensure that flocks and herds

remain free of scrapie. Germ plasm from

animals in flocks or herds that meet

equivalent standards is unlikely to

present a risk of transmitting scrapie.

Any violations of the requirements set

forth above for the importation of sheep

or goat germ plasm would be a basis for

an enforcement action, including, but

not limited to, the removal from the

United States of the imported germ

plasm and any resulting animals.

These amendments are all consistent

with amendments we are proposing to

part 92, as explained above. We believe

our proposed requirements are

necessary to help ensure that imported

sheep and goat germ plasm and animals

resulting from the imported germ plasm,

are not affected with scrapie.

Miscellaneous

We are proposing to add a definition

of ‘‘flock’’ to part 98, subparts A and C.

As explained earlier, ‘‘flock’’ is used in

the industry in connection with sheep,

and ‘‘herd’’ is used in connection with

goats. The regulations in part 98 do not

include a definition of ‘‘flock.’’

We are also proposing to make minor

nonsubstantive, editorial amendments

to the regulations in both parts 92 and

98.

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 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

a positive economic impact on U.S.

importers of sheep, goats and their germ

plasm, since importation into the

United States would be easier. The

current requirements surrounding the

importation of sheep, goats, and their

germ plasm are confusing and

considered by many interested parties to

be too restrictive.

In 1993, there were 98,230 operations

with sheep in the United States. Under

Small Business Administration criteria,

99 percent of them are believed to be

small entities (having less than $0.5

million in gross annual receipts for

domestic producers and fewer than 100

employees for importers). No

information is available on the number

or U.S. operations with goats.
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25157

If the proposed amendments are

adopted, additional certification

information would be required under

the new rules for sheep, goats, and germ

plasm. However, no direct charges or

user fees would be assessed by APHIS.

The cost impact would be minimal.

We anticipate that participation in the

Voluntary Scrapie Flock Certification

Program will increase if these

amendments are adopted, as germ plasm

and breeding stock from countries other

than Australia, Canada, and New

Zealand, would be allowed to be

introduced only into Program flocks and

herds. Because of the termination by the

U.S. government of the subsidy to wool

and mohair growers, the expected shift

from wool and mohair production to

meat production in sheep and goats

should create additional demand for

breeding stock and germ plasm imports.

Wider participation in the Program

would better safeguard the U.S. sheep

and goat industry against a scrapie

outbreak. Participation requires

operations to maintain records on their

animals, although it is likely that

potential importers of breeding animals

or germ plasm are already keeping such

records. There would be no increase in

costs for sheep and goat operations if

they participate in the Voluntary

Scrapie Flock Certification Program.

In addition, if the proposed rule is

adopted: (1) Sheep and goat imports

from New Zealand would no longer be

required to meet special health

certification requirements, and (2)

regulations governing privately operated

quarantine facilities for imported sheep

would apply to privately operated

quarantine facilities for imported goats

as well. These changes would not have

a significant impact on importers or

producers. We believe any impact

would be positive, in that the changes

would facilitate importation of sheep

and goats.

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. 94–085–2,

Animal and Plant Health Inspection

Service, Policy and Program

Development, Regulatory Analysis and

Development, 4700 River Road Unit

118, Riverdale, MD 20737–1228, and (2)

Clearance Officer, OIRM, USDA, room

404–W, 14th Street and Independence

Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

9 CFR Part 98

Animal diseases, Imports.

Accordingly, 9 CFR parts 92 and 98

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. 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. Section 92.400 would be amended

by revising the definition of herd and by

adding a definition for flock, in

alphabetical order, to read as follows:

§ 92.400 Definitions.

* * * * *

Flock. A herd.

Herd. All animals maintained on any

single premises; and all animals under

common ownership or supervision on

two or more premises which are

geographically separated, but among

which there is an interchange or

movement of animals.

* * * * *

3. Section 92.405 would be amended

as follows:

a. In paragraph (a), by revising the

first sentence, up to and including the

words ‘‘stating that’’, to read as set forth

below.

b. By revising paragraph (b) to read as

set forth below.

§ 92.405 Certificate for ruminants.

(a) All ruminants intended for

importation from any part of the world,

except as provided in §§ 92.418(a),

92.419(a), 92.423(c), and 92.428(d) of

this part, shall be accompanied by a

certificate issued by a full-time salaried

veterinary officer of the national

government of the country of origin, or

issued by a veterinarian designated or

accredited by the national government

of the country of origin and endorsed by

a full-time salaried veterinary officer of

the national government of the country

of origin, thereby representing that the

veterinarian issuing the certificate was

authorized to do so. The certificate shall

state that * * *

(b) The certificate accompanying

sheep and goats intended for

importation from any part of the world

shall, in addition to the statements

required by paragraph (a) of this section,

state that:

(1) The sheep or goats have not been

in any flock or herd nor had contact

with sheep or goats which have been in

any flock or herd where scrapie has

been diagnosed or suspected during the

5 years immediately prior to shipment;

(2) None of the female sheep or goats

in the flock or herd from which the

sheep or goats will be imported was

impregnated, during the 5 years

immediately preceding shipment of the

sheep or goats to the United States, with

embryos or semen from another country

other than the United States or from a

flock or herd of unknown scrapie status;

(3) The veterinarian issuing the

certificate has inspected the sheep or

goats in the flock or herd from which

the sheep or goats will be imported and

found the flock or herd to be free of

clinical symptoms of scrapie, and of any

other infectious or contagious disease;

(4) None of the sheep or goats in the

flock or herd from which the sheep or

goats will be imported is the progeny of

a sire or dam that has been affected with

scrapie or that has produced offspring

that have been affected with scrapie;

and

(5) As far as it is possible for the

veterinarian who inspects the animals to

determine, none of the sheep or goats in

the flock or herd from which the sheep

or goats will be imported has been

exposed to scrapie or any other

infectious or contagious disease during

the 60 days immediately preceding

shipment to the United States.

* * * * *
25158 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

4. Section 92.411 would be revised to

read as follows:

§ 92.411 Quarantine requirements.

(a) Except for cattle from Central

America and the West Indies, and

except for ruminants from Canada and

Mexico, all ruminants imported into the

United States shall be quarantined for

not less than 30 days counting from the

date of arrival at the port of entry.

(b) Wild ruminants shall be subject,

during their quarantine, to such

inspections, disinfection, blood tests, or

other tests as may be required by the

Administrator to determine their

freedom from disease.

5. In § 92.418, paragraph (a) would be

revised to read as follows:

§ 92.418 Cattle from Canada.

(a) Health certificates. Except for

cattle imported for immediate slaughter

in accordance with § 92.420, cattle

intended for importation from Canada

shall be accompanied by a certificate

issued in accordance with § 92.405(a).

The certificate shall state that the cattle

have been inspected and found to be

free from any evidence of

communicable disease and that, as far as

can be determined, they have not been

exposed to any such disease during the

preceding 60 days. Cattle found

unqualified upon inspection at the port

of entry will be refused entry into the

United States.

* * * * *

6. Section 92.419 would be amended

by revising paragraph (a) to read as

follows:

§ 92.419 Sheep and goats from Canada.

(a) Except for sheep and goats

imported for immediate slaughter in

accordance with § 92.420, sheep and

goats intended for importation from

Canada shall be accompanied by a

certificate issued in accordance with

§ 92.405 (a) and (b).

* * * * *

7. Section 92.423 would be amended

as follows:

a. In paragraph (a), by revising the

first sentence, up to and including the

words ‘‘country of origin’’, to read as set

forth below.

b. By revising paragraph (b) to read as

set forth below.

§ 92.423 Ruminants from Central America

and the West Indies.

(a) Ruminants intended for

importation from Central America and

the West Indies, except as provided in

paragraph (c) of this section, must be

accompanied by a certificate issued in

accordance with § 92.405(a) * * *

(b) The certificate accompanying

sheep and goats intended for

importation from Central America and

the West Indies must, in addition to the

statements required by paragraph (a) of

this section, meet all the requirements

of § 92.405(b).

* * * * *

§ 92.427 [Amended]

8. Section 92.427 would be amended

as follows:

a. In paragraph (b)(1), by revising the

first sentence, up to and including the

words ‘‘inspected the said cattle’’, to

read as set forth below.

b. By revising paragraph (b)(2)(i), up

to and including the words ‘‘inspected

the cattle’’, to read as set forth below.

c. By revising paragraph (b)(2)(ii) to

read as set forth below.

d. In paragraph (c)(1), the last

sentence, by removing the words ‘‘,

issued by a salaried veterinarian of the

Government of Mexico, or issued by a

veterinarian accredited by the National

Government of Mexico and endorsed by

a full-time salaried veterinary officer of

the National Government of Mexico,

thereby representing that the

veterinarian issuing the certificate was

authorized to so do,’’ and adding in

their place ‘‘issued in accordance with

§ 92.405(a) and’’.

e. By revising paragraph (d)(1),

introductory text, to read as set forth

below.

f. In paragraph (e)(2), by removing the

words ‘‘by a salaried veterinarian of the

Government of Mexico, or issued by a

veterinarian accredited by the National

Government of Mexico and endorsed by

a full-time salaried veterinary officer of

the National Government of Mexico,

thereby representing that the

veterinarian issuing the certificate was

authorized to do so,’’ and adding in

their place ‘‘in accordance with

§ 92.405(a) and’’.

§ 92.427 Cattle from Mexico.

* * * * *

(b) Fever ticks. (1) Except as provided

in paragraph (b)(2), all cattle intended

for importation from Mexico, for

purposes other than immediate

slaughter, shall be accompanied by a

certificate issued in accordance with

§ 92.405(a), and showing that the

veterinarian issuing the certificate

inspected the cattle * * *

(2) * * *

(i) The cattle shall be accompanied by

a certificate issued in accordance with

§ 92.405(a), and showing that the

veterinarian issuing the certificate has

inspected the cattle * * *

(ii) The cattle shall be shown by a

certificate issued in accordance with

§ 92.405(a) to have been dipped in a

tickicidal dip within 7 to 12 days before

being offered for entry.

* * * * *

(d) * * *

(1) Are accompanied by a certificate

issued in accordance with § 92.405(a)

stating:

* * * * *

9. Section 92.428 would be amended

by revising paragraph (a) to read as

follows:

§ 92.428 Sheep and goats and wild

ruminants from Mexico.

(a) Sheep and goats intended for

importation from Mexico shall be

accompanied by a certificate issued in

accordance with § 92.405 (a) and (b) and

stating, if such sheep or goats are

shipped by rail or truck, that such

animals were loaded into cleaned and

disinfected cars or trucks for

transportation direct to the port of entry.

Notwithstanding such certificate, such

sheep and goats shall be detained as

provided in § 92.427(a) and shall be

dipped at least once in a permitted

scabies dip under supervision of an

inspector.

* * * * *

§ 92.429 [Amended]

10. In § 92.429, the first sentence

would be amended by removing the

words ‘‘issued by a salaried veterinarian

of the Government of Mexico, or issued

by a veterinarian accredited by the

National Government of Mexico and

endorsed by a full-time salaried

veterinary officer of the National

Government of Mexico, thereby

representing that the veterinarian

issuing the certificate was authorized to

do so, stating’’ and adding in their place

the words ‘‘issued in accordance with

§ 92.405 (a) and (b) and stating that the

veterinarian who issued the certificate

has inspected the animals in the herd

from which the ruminants will be

imported,’’.

§ 92.433 [Removed and Reserved]

11. Section 92.433, Sheep from New

Zealand, would be removed and

reserved.

§ 92.434 [Amended]

12. Section 92.434 would be amended

as follows:

a. By revising the heading to read

‘‘Standards for approval of privately

operated quarantine facilities for sheep

or goats, and handling procedures for

the importation of sheep or goats.’’

b. In paragraph (b), introductory text,

by redesignating footnote 20 and the

reference to it as footnote 16.
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25159

c. In paragraph (d)(1), by

redesignating footnote 21 and the

reference to it as footnote 17.

d. By adding the words ‘‘or goats’’

after the word ‘‘sheep’’ in the following

places:

1. In paragraph (a).

2. In paragraph (b)(2)(i)(B).

3. In paragraph (b)(2)(ii)(A).

4. In paragraph (b)(2)(ii)(B).

5. In paragraph (b)(2)(ii)(D).

6. In paragraph (b)(2)(ii)(E).

7. In paragraph (b)(2)(ii)(F).

8. In paragraph (b)(2)(iii)(G), after only

the third time ‘‘sheep’’ appears.

9. In paragraph (b)(2)(iii)(K).

10. In paragraph (b)(2)(iii)(L).

11. In paragraph (b)(3)(i)(A)(5).

12. In paragraph (b)(3)(ii).

13. In paragraph (b)(3)(iv), in the

heading and text.

14. In paragraph (b)(3)(iv)(A), in the

first sentence.

15. In paragraph (b)(3)(iv)(B).

16. In paragraph (b)(3)(v).

17. In paragraph (b)(5).

18. In paragraph (c).

19. In paragraph (d)(2).

20. In paragraph (d)(2)(iv).

21. In paragraph (d)(4).

e. by adding the words ‘‘or goat’’ after

the word ‘‘sheep’’ in the following

places:

1. In paragraph (b)(2)(iii)(G), after the

first and second time ‘‘sheep’’ appears.

2. In paragraph (b)(3)(iv)(A), in the

second sentence.

f. By removing the word ‘‘sheepholding’’ and adding the words ‘‘sheepor goat-holding’’ in the following places:

1. In paragraph (b)(2)(ii)(K).

2. In paragraph (b)(2)(iii)(J).

3. In paragraph (b)(3)(i)(A).

4. In paragraph (b)(3)(i)(A)(1).

5. In paragraph (b)(3)(i)(A)(3).

6. In paragraph (b)(3)(ii).

13. A new § 92.435 would be added

to read as follows:

§ 92.435 Sheep and goats from countries

other than Australia, Canada, and New

Zealand.

(a) Except for sheep and goats from

Australia, Canada, or New Zealand,

sheep and goats may only be imported

into the United States if they meet all

applicable provisions of this subpart

and one of the following conditions:

(1) The animals are wethers, or sheep

or goats imported for immediate

slaughter, or wild sheep or goats

imported for exhibition purposes to an

approved zoological park in accordance

with § 92.404(c); or

(2) The animals are placed in a flock

or herd in the United States that

participates in the Voluntary Scrapie

Flock Certification Program (see 9 CFR

part 54, subpart B) and qualifies as a

‘‘Certified’’ flock or herd; or

(3) The animals are placed in a flock

or herd in the United States that

participates in the Voluntary Scrapie

Flock Certification Program (see 9 CFR

part 54, subpart B), and the flock or herd

owner must agree, in writing, to

maintain the flock or herd in

compliance with all requirements of the

Voluntary Scrapie Flock Certification

Program until the flock or herd would

qualify as a ‘‘Certified’’ flock or herd.

(b) Sheep or goats may be imported

under paragraphs (a)(2) or (a)(3) of this

section only if the importer provides the

Voluntary Scrapie Flock Certification

Program identification number of the

receiving flock or herd as part of the

application for an import permit.

(c) Sheep and goats may be imported

under paragraph (a)(2) of this section

only if they come from a flock or herd

in the country of origin that participates

in a program determined by the

Administrator to be equivalent to the

Voluntary Scrapie Flock Certification

Program, and the flock or herd has been

determined by the Administrator to be

at a level equivalent to ‘‘Certified’’ in

the Voluntary Scrapie Flock

Certification Program.

(d) Sheep and goats may be imported

under paragraph (a)(3) of this section

only if they are placed in a Certifiable

Class C flock or herd participating in the

Voluntary Scrapie Flock Certification

Program; Except, that if the sheep and

goats come from a flock or herd in the

country of origin that participates in a

program determined by the

Administrator to be equivalent to the

Voluntary Scrapie Flock Certification

Program, then the sheep and goats may

be placed in a herd or flock in the

United States which would be classified

at a level equivalent to or lower (i.e., at

a greater risk) than the certification

level, as determined by the

Administrator, of the flock or herd from

which the sheep or goats are to be

imported.

(e) Sheep and goats imported under

paragraph (a)(3) of this section must be

monitored for scrapie disease until the

flock or herd qualifies as a ‘‘Certified’’

flock or herd.

(f) Except for imported sheep and

goats being placed in Certifiable Class C

flocks or herds, the certificate

accompanying sheep or goats imported

under paragraphs (a)(2) or (a)(3) of this

section must contain the following

statement: ‘‘The animals identified on

this certificate have been monitored by

a salaried veterinary officer of [name of

country of origin], for [number of

months], in the same source flock or

herd which had been determined by the

Administrator, APHIS, prior to the

exportation of these animals to the

United States, to be equivalent to

[certification level] of the Voluntary

Scrapie Flock Certification Program

authorized under 9 CFR part 54, subpart

B.’’

(1) The Administrator will determine,

based upon information supplied by the

importer, whether the flock or herd from

which the animals are to be imported

participates in a program in the country

of origin that is equivalent to the

Voluntary Scrapie Flock Certification

Program, and if so, at what level the

source flock or herd should be

classified.

(2) In order for the Administrator to

make a determination, the importer

must supply the following information

with the application for an import

permit no less than 1 month prior to the

anticipated date of importation:

(i) The name, title, and address of a

knowledgeable official in the veterinary

services of the country of origin;

(ii) The details of scrapie control

programs in the country of origin,

including information on disease

surveillance and border control

activities and the length of time such

activities have been in effect;

(iii) Any available information

concerning additions, within the 5 years

immediately preceding shipment to the

United States, to the flock or herd from

which the sheep and goats will be

imported;

(iv) Any available data concerning

disease incidence, within the 5 years

immediately preceding shipment to the

United States, in the flock or herd from

which the sheep or goats are to be

imported, including, but not limited to,

the results of diagnostic tests, especially

histopathology tests, conducted on any

animals in the flock or herd;

(v) Information concerning the health,

within the 5 years immediately

preceding shipment to the United

States, of other ruminants, flocks, and

herds with which the imported sheep

and goats, and with which animals in

the sheep or goats’ flock or herd might

have had physical contact, and a

description of the type and frequency of

such physical contact; and

(vi) Any other information requested

by the Administrator in specific cases as

needed to make a determination.

PART 98—IMPORTATION OF CERTAIN

ANIMAL EMBRYOS AND ANIMAL

SEMEN

14. The authority citation for part 98

would be revised to read as follows:

Authority: 7 U.S.C. 1622; 21 U.S.C. 103,

104, 105, 111, 134a, 134b, 134c, 134d, 134f,

136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17,

2.51, and 371.2(d).
25160 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

15. Section 98.2 would be amended

by adding definitions for flock and herd,

in alphabetical order, to read as follows:

§ 98.2 Definitions.

* * * * *

Flock. A herd.

Herd. All animals maintained on any

single premises; and all animals under

common ownership or supervision on

two or more premises which are

geographically separated, but among

which there is an interchange or

movement of animals.

* * * * *

16. In § 98.5, paragraphs (a), (b), (c),

(d), and (e) would be redesignated as

paragraphs (a)(1), (a)(2), (a)(3), (a)(4),

and (a)(5); the introductory text would

be designated as paragraph (a) and

revised to read as follows; and a new

paragraph (b) would be added to read as

follows:

§ 98.5 Health certificate.

(a) Except as provided in subpart B of

this part, an animal embryo shall not be

imported into the United States unless

it is accompanied by a certificate issued

by a full-time salaried veterinary officer

of the national government of the

country of origin, or issued by a

veterinarian designated or accredited by

the national government of the country

of origin and endorsed by a full-time

salaried veterinary officer of the

national government of the country of

origin, thereby representing that the

veterinarian issuing the certificate was

authorized to do so. The certificate shall

state:

* * * * *

(b) The certificate accompanying

sheep or goat embryos intended for

importation from any part of the world

shall, in addition to the statements

required by paragraph (a) of this section,

state that:

(1) The embryos’ sire and dam have

not been in any flock or herd nor had

contact with sheep or goats which have

been in any flock or herd where scrapie

has been diagnosed or suspected during

the 5 years prior to the date of collection

of the embryos;

(2) The embryos’ sire and dam

showed no evidence of scrapie at the

time the embryos were collected;

(3) Scrapie has not been suspected nor

confirmed in any progeny of the

embryos’ donor dam; and

(4) The parents of the embryos’ sire

and dam are not, nor were not, affected

with scrapie.

17. In part 98, subpart A, a new

§ 98.10a would be added to read as

follows:

§ 98.10a Embryos from sheep and goats in

countries other than Australia, Canada, and

New Zealand.

(a) Except for embryos from sheep and

goats in Australia, Canada, or New

Zealand, embryos from sheep and goats

may only be imported into the United

States if they comply with all applicable

provisions of this subpart and one of the

following conditions:

(1) The embryos are transferred to

females in a flock or herd in the United

States that participates in the Voluntary

Scrapie Flock Certification Program (see

9 CFR part 54, subpart B) and qualifies

as a ‘‘Certified’’ flock or herd; or

(2) The embryos are transferred to

females in a flock or herd in the United

States that participates in the Voluntary

Scrapie Flock Certification Program (see

9 CFR part 54, subpart B) and the flock

or herd owner must agree, in writing, to

maintain the flock or herd, and all

progeny resulting from embryos

imported in accordance with this

section, in compliance with all

requirements of the Voluntary Scrapie

Flock Certification Program until the

flock or herd, including all progeny

resulting from embryos imported in

accordance with this section, would

qualify as a ‘‘Certified’’ flock or herd.

(b) Sheep or goat embryos may be

imported under paragraphs (a)(1) or

(a)(2) of this section only if the importer

provides the Voluntary Scrapie Flock

Certification Program identification

number of the receiving flock or herd as

part of the application for an import

permit.

(c) Sheep and goat embryos may be

imported under paragraph (a)(1) of this

section only if they are the progeny of

a dam and sire that are part of flocks or

herds in the country of origin that

participates in a program determined by

the Administrator to be equivalent to

the Voluntary Scrapie Flock

Certification Program, and the flocks or

herds have been determined by the

Administrator to be at a level equivalent

to ‘‘Certified’’ in the Voluntary Scrapie

Flock Certification Program.

(d) Sheep and goat embryos may be

imported under paragraph (a)(2) of this

section only if they are transferred to

animals in a Certifiable Class C flock or

herd participating in the Voluntary

Scrapie Flock Certification Program:

Except, that if the embryos are the

progeny of a dam and sire whose flock

or herd in the country of origin

participates in a program determined by

the Administrator to be equivalent to

the Voluntary Scrapie Flock

Certification Program, then the embryos

may be placed in a herd or flock in the

United States which would be classified

at a level equivalent to or lower (i.e., at

a greater risk) than the certification

level, as determined by the

Administrator, of either the flock or

herd of the dam or the flock or herd of

the sire, whichever one presents the

greater risk.

(e) The flock or herd to which the

sheep and goat embryos are transferred

pursuant to paragraph (a)(2) of this

section, must be monitored for scrapie

disease until the flock or herd, and all

progeny resulting from the embryos

imported in accordance with this

section, qualifies as a ‘‘Certified’’ flock

or herd.

(f) Except for sheep and goat embryos

being placed in Certifiable Class C

flocks or herds, the certificate

accompanying sheep or goat embryos

imported under paragraphs (a)(1) or

(a)(2) of this section must contain the

following statement: ‘‘The embryos

identified on this certificate are the

progeny of a dam and sire that have

been monitored by a salaried veterinary

officer of [name of country of origin], for

[number of months], in the same source

flock or herd which had been

determined by the Administrator,

APHIS, prior to the exportation of these

embryos to the United States, to be

equivalent to [certification level (of dam

or sire) presenting greater risk] of the

Voluntary Scrapie Flock Certification

Program authorized under 9 CFR part

54, subpart B.’’

(1) The Administrator will determine,

based upon information supplied by the

importer, whether the flock or herd of

the embryos’ dam and sire participates

in a program in the country of origin

that is equivalent to the Voluntary

Scrapie Flock Certification Program, and

if so, at what level the source flock or

herd would be classified.

(2) In order for the Administrator to

make a determination, the importer

must supply the following information

with the application for an import

permit, no less than 1 month prior to the

anticipated date of importation:

(i) The name, title, and address of a

knowledgeable official in the veterinary

services of the country of origin;

(ii) The details of scrapie control

programs in the country of origin,

including information on disease

surveillance and border control

activities and the length of time such

activities have been in effect;

(iii) Any available information

concerning additions, within the 5 years

immediately preceding collection of the

embryos, to the flock or herd of the

embryos’ sire and dam;

(iv) Any available data concerning

disease incidence, within the 5 years

immediately preceding collection of the

embryos, in the flock or herd of the
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25161

embryos’ sire and dam, including, but

not limited to, the results of diagnostic

tests, especially histopathology tests,

conducted on any animals in the

flock(s) or herd(s);

(v) Information concerning the health,

within the 5 years immediately

preceding collection of the embryos, of

other ruminants, flocks, and herds with

which the embryos’ sire and dam and

the flock or herd of the embryos’ sire

and dam might have had physical

contact, and a description of the type

and frequency of the physical contact;

and

(vi) Any other information requested

by the Administrator in specific cases as

needed to make a determination.

(g) All progeny resulting from

embryos imported under this section are

subject to the requirements of 9 CFR

part 54 and all other applicable

regulations.

18. In part 98, subpart C, § 98.30

would be amended by adding

definitions for flock and herd, in

alphabetical order, to read as follows:

§ 98.30 Definitions.

* * * * *

Flock. A herd.

Herd. All animals maintained on any

single premises; and all animals under

common ownership or supervision on

two or more premises which are

geographically separated, but among

which there is an interchange or

movement of animals.

* * * * *

19. In § 98.35, paragraph (c) would be

revised and a new paragraph (e) would

be added to read as follows:

§ 98.35 Declaration, health certificate, and

other documents for animal semen.

* * * * *

(c) All animal semen intended for

importation into the United States shall

be accompanied by a health certificate

issued by a full-time salaried veterinary

officer of the national government of the

country of origin, or issued by a

veterinarian designated or accredited by

the national government of the country

of origin and endorsed by a full-time

salaried veterinary officer of the

national government of the country of

origin, thereby representing that the

veterinarian issuing the certificate was

authorized to do so.

* * * * *

(e) The certificate accompanying

sheep or goat semen intended for

importation from any part of the world

shall, in addition to the statements

required by paragraph (d) of this

section, state that:

(1) The semen donor has not been in

any flock or herd nor had contact with

sheep or goats which have been in any

flock or herd where scrapie has been

diagnosed or suspected during the 5

years prior to the date of collection of

the semen;

(2) The semen donor showed no

evidence of scrapie at the time the

semen was collected; and

(3) The parents of the semen donor

are not, nor were not, affected with

scrapie.

§ 98.36 [Amended]

20. In § 98.36, paragraph (a),

introductory text, would be amended by

adding the words ‘‘is not a sheep or goat

and’’ immediately before the colon.

21. A new § 98.37 would be added to

read as follows:

§ 98.37 Semen from sheep and goats in

countries other than Australia, Canada, and

New Zealand.

(a) Except for semen from sheep and

goats in Australia, Canada, and New

Zealand, semen from sheep and goats

may only be imported into the United

States if it complies with all applicable

provisions of this subpart and one of the

following conditions:

(1) The semen is transferred to

females in a flock or herd in the United

States that participates in the Voluntary

Scrapie Flock Certification Program (see

9 CFR part 54, subpart B) and qualifies

as a ‘‘Certified’’ flock or herd; or

(2) The semen is transferred to

females in a flock or herd in the United

States that participates in the Voluntary

Scrapie Flock Certification Program (see

9 CFR part 54, subpart B), and the flock

or herd owner must agree, in writing, to

maintain the flock or herd, and all

progeny resulting from semen imported

in accordance with this section, in

compliance with all requirements of the

Voluntary Scrapie Flock Certification

Program until the flock or herd,

including all progeny resulting from

semen imported in accordance with this

section, would qualify as a ‘‘Certified’’

flock or herd.

(b) Sheep or goat semen may be

imported under paragraphs (a)(1) or

(a)(2) of this section only if the importer

provides the Voluntary Scrapie Flock

Certification Program identification

number of the receiving flock or herd as

part of the application for an import

permit.

(c) Sheep or goat semen may be

imported under paragraph (a)(1) of this

section only if it comes from a donor

animal in a flock or herd in the country

of origin that participates in a program

determined by the Administrator to be

equivalent to the Voluntary Scrapie

Flock Certification Program, and the

flock or herd has been determined by

the Administrator to be at a level

equivalent to ‘‘Certified’’ in the

Voluntary Scrapie Flock Certification

Program.

(d) Sheep or goat semen may be

imported under paragraph (a)(2) of this

section only if it is transferred to

animals in a Certifiable Class C flock or

herd participating in the Voluntary

Scrapie Flock Certification Program;

Except, that if the semen comes from a

donor animal whose flock or herd in the

country of origin participates in a

program determined by the

Administrator to be equivalent to the

Voluntary Scrapie Flock Certification

Program, then the semen may be used

in a herd or flock in the United States

which would be classified at a level

equivalent to or lower (i.e., at greater

risk) than the certification level, as

determined by the Administrator, of the

flock or herd of the donor animal.

(e) The flock or her to which the

sheep and goat semen is transferred

pursuant to paragraph (a)(2) of this

section, must be monitored for scrapie

disease until the flock or herd, and all

progeny resulting from the semen

imported in accordance with this

section, qualifies as a ‘‘Certified’’ flock

or herd.

(f) Except for sheep and goat semen

being placed in Certifiable Class C

flocks or herds, the certificate

accompanying the sheep or goat semen

imported under paragraphs (a)(1) or

(a)(2) of this section must contain the

following statement: ‘‘The semen

identified on this certificate has been

collected from a sire that has been

monitored by a salaried veterinary

officer of [name of country of origin], for

[number of months], in the same source

flock or herd which had been

determined by the Administrator,

APHIS, prior to the exportation of the

semen to the United States, to be

equivalent to [certification level] of the

Voluntary Scrapie Flock Certification

Program authorized under 9 CFR part

54, subpart B.’’

(1) The Administrator will determine,

based upon information supplied by the

importer, whether the donor animal’s

flock or herd participates in a program

in the country of origin that is

equivalent to the Voluntary Scrapie

Flock Certification Program, and if so, at

what level the source flock or herd

would be classified.

(2) In order for the Administrator to

make a determination, the importer

must supply the following information

with the application for an import

permit, no less than 1 month prior to the

anticipated date of importation:
25162 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

(i) The name, title, and address of a

knowledgeable official in the veterinary

services of the country of origin;

(ii) The details of scrapie control

programs in the country of origin,

including information on disease

surveillance and border control

activities and the length of time these

activities have been in effect;

(iii) Any available information

concerning additions, within the 5 years

immediately preceding collection of the

semen, to the flock or herd of the semen

donor;

(iv) Any available data concerning

disease incidence, within the 5 years

immediately preceding collection of the

semen in the donor animal’s flock or

herd, including, but not limited to, the

results of diagnostic tests, especially

histopathology tests, conducted on any

animals in the flock or herd;

(v) Information concerning the health,

within the 5 years immediately

preceding collection of the semen, of

other ruminants, flocks, and herds with

which the donor animal and the donor

animal’s flock or herd might have had

physical contact, and a description of

the type and frequency of the physical

contact; and

(vi) Any other information requested

by the Administrator in specific cases as

needed to make a determination.

(g) All progeny resulting from semen

imported under this section are subject

to the requirements of 9 CFR part 54 and

all other applicable regulations.

Done in Washington, DC, this 3rd day of

May 1995.

George O. Winegar,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–11561 Filed 5–10–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of Federal Housing Enterprise

Oversight

12 CFR Part 1710

RIN 2550–AA01

Releasing Information

AGENCY: Office of Federal Housing

Enterprise Oversight, HUD.

ACTION: Proposed rule.

SUMMARY: The Office of Federal Housing

Enterprise Oversight (OFHEO) is issuing

a proposed rule to set forth the basic

policies of OFHEO regarding

information it maintains and the

procedures for obtaining access to such

information. The rule contains

regulations of OFHEO implementing the

Freedom of Information Act (FOIA) and

establishes a schedule of fees which will

be charged for the processing of

document requests under the FOIA. In

addition, the proposed rule sets forth

procedures to be followed with respect

to testimony and the production of

documents in legal proceedings in

which OFHEO is not a named party as

well as procedures for service of process

upon OFHEO in any legal proceeding.

DATES: Written comments on the

proposed rule must be received by July

10, 1995.

ADDRESSES: All comments concerning

the proposed rule should be addressed

to Anne E. Dewey, General Counsel,

Office of Federal Housing Enterprise

Oversight, 1700 G Street NW., Fourth

Floor, Washington, DC 20552. Copies of

all communications received will be

available for public inspection and

copying at the same location.

FOR FURTHER INFORMATION CONTACT:

Christine C. Dion, Associate General

Counsel, 1700 G Street NW., Fourth

Floor, Washington, DC 20552 (202/414–

3800) (not a toll-free number).

SUPPLEMENTARY INFORMATION: Title XIII

of the Housing and Community

Development Act of 1992, Pub. L. No.

102–550, known as the Federal Housing

Enterprises Financial Safety and

Soundness Act of 1992, 12 U.S.C. 4501

et seq., established OFHEO as an

independent office within the

Department of Housing and Urban

Development. The primary function of

OFHEO is to ensure the financial safety

and soundness and the capital adequacy

of the nation’s two largest housing

finance institutions—the Federal

National Mortgage Association (Fannie

Mae) and the Federal Home Loan

Mortgage Corporation (Freddie Mac)

(collectively, the Enterprises). OFHEO

proposes to adopt this rule to explain

matters relating to the availability of

information generated and maintained

by OFHEO and to set forth procedures

for accessing such information. The

proposed rule, among other things,

implements the Freedom of Information

Act. The rule establishes procedures by

which the public may inspect OFHEO

records, request and obtain copies of

materials, and appeal denials of such

requests. This rule includes a schedule

of fees and procedures for determining

when fees should be waived or reduced.

The fee schedule conforms to guidelines

published in the Federal Register by the

Office of Management and Budget on

March 27, 1987 (52 FR 10012). The

proposed rule also implements

Executive Order 12600 by providing

predisclosure notification procedures

for confidential commercial or financial

information.

In addition, the proposed rule sets

forth the procedures to be followed with

respect to testimony concerning official

matters and production of official

documents of OFHEO in legal

proceedings in which OFHEO is not a

named party. The proposed rule

establishes the procedures for effecting

service upon OFHEO in any legal

process, including service of process by

litigants seeking access to OFHEO

records.

SECTION-BY-SECTION ANALYSIS

I. Information and Records Generally

Subpart A of the proposed rule

contains general provisions relating to

disclosure of information and records in

the possession of OFHEO. Section

1710.1 sets forth procedures for

disclosure of such materials by OFHEO

employees. Section 1710.2 provides that

the disclosure requirements of the FOIA

and the proposed rule apply to all

OFHEO records. It also provides that if

another statute sets forth procedures for

the disclosure of specific types of

records, OFHEO will process a request

for those records in accordance with the

procedures that apply to those specific

records. However, in cases where the

record is not required to be released

under the specific procedures set forth

in another statute, OFHEO will consider

the request under the FOIA. In addition,

section 1710.2 describes the

relationship between the FOIA and the

Privacy Act of 1974 (Privacy Act), 5

U.S.C. 552a, and explains that records

that are available through an established

distribution system should preferably be

obtained through that system, rather

than pursuant to the provisions of the

FOIA.

Section 1710.3 of subpart A contains

a general provision providing that

reports of examinations prepared by

OFHEO are the property of OFHEO and

may only be disclosed in accordance

with this section or with the prior

written consent of the Director of

OFHEO. The section further provides

that any unauthorized use or disclosure

of such reports may be subject to

penalties under federal law. Section

1710.3 explains that the Director will

make available to each Enterprise a copy

of the examination report of that

Enterprise and that the Enterprise may

not disclose or use such reports except

as expressly permitted by the Director.

The section also explains that the

Director has discretion to make the

examination reports available for the

confidential use of governmental