13898 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

slaughter under U.S. Customs bond.

They included 24,811 cattle imported

into Arizona, 3,878 into California, 69

into New Mexico, and 32,059 into

Texas. APHIS estimates that as many as

18 different feedlots in Arizona,

California, New Mexico, and Texas were

used for the feeding of in-bond Mexican

cattle during the height of in-bond

activity. Currently, there are about 10

feedlots that have facilities for the

feeding of in-bond Mexican cattle, but

only about 5 of those feedlots have been

used recently to feed in-bond Mexican

cattle.

The termination of the in-bond

program is expected to have a negligible

impact on feedlots in the United States.

Most are large businesses (defined as

having more than $1.0 million in annual

gross receipts, according to Small

Business Administration size criteria)

and usually use only a small portion of

the feedlot for in-bond Mexican cattle.

The majority of the area in the feedlots

is generally used to feed either other

imported Mexican cattle or domestic

cattle. With the termination of the inbond program, we anticipate that any

affected feedlots will use their entire

areas to feed other imported Mexican

cattle or domestic cattle.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects

9 CFR Part 91

Animal diseases, Animal welfare,

Exports, Livestock, Reporting and

recordkeeping requirements,

Transportation.

9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR parts 91 and 92

are amended as follows:

PART 91—INSPECTION AND

HANDLING OF LIVESTOCK FOR

EXPORTATION

1. The authority citation for part 91 is

revised to read as follows:

Authority: 21 U.S.C. 105, 112, 113, 114a,

120, 121, 134b, 134f, 136, 136a, 612, 613,

614, and 618; 46 U.S.C. 466a and 466b; 49

U.S.C. 1509(d); 7 CFR 2.17, 2.51, and

371.2(d).

§ 91.3 [Amended]

2. In § 91.3, paragraph (a), the second

sentence is amended by removing the

words ‘‘, except cattle from Mexico

imported into the United States in bond

for temporary feeding and return to

Mexico,’’.

§ 91.5 [Amended]

3. In § 91.5, the introductory text is

amended by removing the words ‘‘,

except cattle from Mexico imported into

the United States in bond for temporary

feeding and return to Mexico, except

cattle from Mexico imported into the

United States in bond for temporary

feeding and return to Mexico,’’.

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

4. The authority citation for part 92

continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

§ 92.424 [Amended]

5. In § 92.424, paragraph (b), the

second sentence is amended by

removing the words ‘‘pursuant to

§ 92.427(e)(2), or’’.

§ 92.426 [Amended]

6. In § 92.426, paragraph (a), the first

sentence is amended by removing the

words ‘‘or in bond for temporary entry

in accordance with § 92.427(e) of this

part’’.

§ 92.427 [Amended]

7. In § 92.427, paragraph (c)(2), the

first sentence is amended by removing

the words ‘‘or in bond for temporary

entry in accordance with § 92.427(e) of

this part’’.

8. In § 92.427, paragraph (e),

including footnote 10, is removed.

§§ 92.430 through 92.435 [Amended]

9. In §§ 92.430 through 92.434,

footnotes 11 through 21 and their

references in the text are redesignated as

footnotes 10 through 20, respectively.

Done in Washington, DC, this 9th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6371 Filed 3–14–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 92

[Docket No. 94–085–1]

Importation of Sheep and Goats From

Canada and Mexico

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule.

SUMMARY: We are amending the

regulations for importing sheep and

goats from Canada and Mexico to

require that, with the exception of sheep

and goats imported through land border

ports for immediate slaughter, and

wethers imported through land border

ports, all sheep and goats imported into

the United States from Canada and

Mexico be accompanied by an import

permit. This change is necessary to

prevent the importation of sheep and

goats that may be affected with scrapie.

DATES: Interim rule effective March 10,

1995. Consideration will be given only

to comments received on or before May

15, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 94–085–1, 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. 94–085–1.

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.

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.
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations 13899

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92

(referred to below as ‘‘the regulations’’)

govern the importation into the United

States of live animals, including sheep

and goats, to prevent those infected with

scrapie from transmitting the disease to

livestock in the United States.

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. 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. The regulations

are intended to prevent the importation

of animals that could transmit scrapie.

Import Permits

One way we have of ensuring that

sheep and goats intended for

importation into the United States are

healthy is by reviewing background

information concerning the animals that

is supplied when an importer applies

for a permit to import the animals. The

requirements for obtaining a permit to

import sheep and goats and other

ruminants are contained in § 92.404.

Before the effective date of this

interim rule, the regulations required

that importers obtain an import permit

for all sheep and goats intended for

importation into the United States from

any part of the world, except for certain

sheep and goats imported from Canada

or Mexico through land border ports,

and certain sheep and goats moved from

the British Virgin Islands to the U.S.

Virgin Islands for immediate slaughter.

These exceptions were contained in

§§ 92.417(a), 92.424(a), and 92.422(a),

respectively.

With two exceptions, this interim rule

requires all sheep and goats imported

into the United States from Canada or

Mexico to be accompanied by an import

permit. This is because sheep and goats,

with the exceptions explained below,

that are imported from Canada or

Mexico through a land border port

could be infected with and transmit

scrapie to livestock in the United States.

The exceptions are sheep and goats

imported for immediate slaughter and

wethers.

Sheep and goats, as well as other

ruminants imported from Canada and

Mexico for immediate slaughter must,

under our regulations, be consigned

from the port of entry to a recognized

slaughtering establishment and be

slaughtered there within 2 weeks of

importation (see § 92.400, the definition

of immediate slaughter, and §§ 92.420

and 92.429). Wethers are castrated male

sheep or goats. They are incapable of

breeding and are imported for feeding

and subsequent slaughter. According to

industry practice, wethers are kept in

confinement during feeding. Under

these circumstances, neither wethers

nor sheep and goats imported for

immediate slaughter from Canada or

Mexico pose any significant threat of

transmitting scrapie to livestock in the

United States.

By requiring a permit for other sheep

and goats intended for importation from

Canada or Mexico through a land border

port, we will have an opportunity to

review background information on the

animals and determine whether the

animal may be infected with scrapie,

which cannot be detected by visual

inspection at the border.

We are not exempting from our permit

requirements sheep and goats imported

for immediate slaughter from countries

other than Canada or Mexico. Neither

are we exempting from our permit

requirements wethers imported from

countries other than Canada or Mexico.

The exemption from our permit

requirements for wethers and for sheep

and goats for immediate slaughter are

only for those sheep and goats that are

imported from Canada and Mexico

through a land border port, where

inspectors can check the animals for

disease and ectoparasites before the

animals cross the border into the United

States.

In connection with the amendments

discussed above, we are adding a

definition for wether to the definitions

in § 92.400, as follows: ‘‘A castrated

male sheep or goat.’’

Effective Date

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

We have been made aware that sheep

and goats impregnated with embryos

from animals in countries affected with

scrapie will be presented for

importation into the United States from

Canada in the next few days or weeks.

We will be unable to identify these

animals because our regulations

currently allow them to be imported

into the United States without an import

permit.

We are not aware of any similar

animals to be presented for importation

from Mexico. However, a similar

situation could occur at any time with

regard to sheep and goats from Mexico

because certain sheep and goats

imported into the United States from

Mexico through land border ports are

not required to have an import permit.

If such a situation did occur, we would

probably have little or no notice, and

without a permit requirement we could

not identify animals from Mexico which

could transmit scrapie to livestock in

the United States.

The only other sheep and goats which

can be imported into the United States

without a permit are certain ruminants

moving from the British Virgin Islands

to the U.S. Virgin Islands for immediate

slaughter. Because these animals are

moving to slaughter, they do not pose

any disease threat.

Immediate action is therefore

necessary to prevent the importation of

sheep and goats that may transmit

scrapie to U.S. livestock. Because prior

notice and other public procedures with

respect to this action are impracticable

and contrary to the public interest under

these conditions, we find good cause

under 5 U.S.C. 553 to make it effective

upon signature. We will consider

comments that are received within 60

days of publication of this rule in the

Federal Register. After the comment

period closes, we will publish another

document in the Federal Register. It

will include a discussion of any

comments we receive and any

amendments we are making to the rule

as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

purposes of Executive Order 12866 and,

therefore, has not been reviewed by the

Office of Management and Budget.

This rule requires an import permit

for certain sheep and goats imported

into the United States from Canada and

Mexico through a land border port.

Between December of 1993 and

December of 1994, 30,614 sheep and

goats were imported from Canada
13900 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

through a land border port; none were

imported from Mexico through a land

border port. Over 97 percent of these

sheep and goats were wethers or were

imported for immediate slaughter.

Wethers and sheep and goats imported

through land border ports for immediate

slaughter continue to be exempt from

the requirement for an import permit.

Based on these numbers, we expect that

only 3 percent of sheep and goats

imported from Canada or Mexico

through land border ports will be

required to be accompanied by an

import permit under this rule. There is

no fee for the import permit.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

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 rule have been approved by the

Office of Management and Budget

(OMB), and there are no new

requirements. The assigned OMB

control number is 0579–0040.

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 92 is

amended as follows:

PART 92—IMPORTATION OF CERTAIN

ANIMALS AND POULTRY AND

CERTAIN ANIMAL AND POULTRY

PRODUCTS; INSPECTION AND OTHER

REQUIREMENTS FOR CERTAIN

MEANS OF CONVEYANCE AND

SHIPPING CONTAINERS THEREON

1. The authority citation for part 92

continues to read as follows:

Authority: 7 U.S.C. 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 is amended by

adding a definition for Wether, in

alphabetical order, to read as follows:

§ 92.400 Definitions.

* * * * *

Wether. A castrated male sheep or

goat.

* * * * *

3. Section 92.417 is amended as

follows:

a. In paragraph (a), the introductory

text is amended by adding, immediately

before the colon at the end of the text,

the word: ‘‘is’’.

b. Paragraphs (a)(1) and (a)(2) are

redesignated as paragraphs (a)(3)(i) and

(a)(3)(ii), respectively; and new

paragraphs (a)(1), (a)(2), and (a)(3) are

added to read as follows:

§ 92.417 Import permit and declaration for

ruminants.

(a) * * *

(1) A wether;

(2) A sheep or goat imported for

immediate slaughter; or

(3) A ruminant other than a sheep or

goat and that ruminant:

* * * * *

4. Section 92.424 is amended as

follows:

a. In paragraph (a), the introductory

text is amended by adding, immediately

before the colon at the end of the text,

the word ‘‘is’’.

b. Paragraphs (a)(1), (a)(2), and (a)(3)

are redesignated as paragraphs (a)(3)(i),

(a)(3)(ii), and (a)(3)(iii), respectively;

and new paragraphs (a)(1), (a)(2), and

(a)(3) are added to read as follows:

§ 92.424 Import permits and applications

for inspection of ruminants.

(a) * * *

(1) A wether;

(2) A sheep or goat imported for

immediate slaughter; or

(3) A ruminant other than a sheep or

goat and that ruminant:

* * * * *

Done in Washington, DC, this 10th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6372 Filed 3–14–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AWP–4]

Alteration of Class D Airspace;

Williams Air Force Base (AFB), AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action changes the name

of the Class D airspace area to Williams

Gateway, AZ. This alteration is

necessary due to the closure of Williams

AFB, AZ, and the renaming of the

airport to Williams Gateway Airport,

AZ. This action reflects the name

change and title description of the Class

D airspace area to Williams Gateway,

AZ.

EFFECTIVE DATE: 0901 UTC, May 25,

1995.

FOR FURTHER INFORMATION CONTACT:

Scott Speer, System Management

Specialist, System Management Branch,

AWP–530, Air Traffic Division,

Western-Pacific Region, Federal

Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 297–

0010.

SUPPLEMENTARY INFORMATION:

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) changes the name of the Class

D airspace area at Williams AFB, AZ, to

the Class D airspace area at Williams

Gateway, AZ. This alteration is

necessary due to the closure of the

Williams AFB, AZ, and the renaming of

the airport to Williams Gateway Airport,

AZ. This action reflects the name

change and title description of the Class

D airspace area to Williams Gateway,

AZ. This action is editorial in nature. I

find that notice and public procedure

under 5 U.S.C. 553(b) are unnecessary,

because this action is a minor technical

amendment in which the public is not

particularly interested. Class D airspace

areas designations are published in

paragraph 5000 of FAA Order 7500.9B

dated July 18, 1994, and effective

September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class D airspace designation

listed in this document will be

published subsequently in this Order.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are