Importation of Ratites into the USA

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-044-1]

The Importation of Ratites and Hatching Eggs of Ratites

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the animal import regulations to
relieve certain restrictions on the importation of ratites and hatching
eggs of ratites into the United States from Canada. We believe that
these proposed actions can be taken without increasing the risk of
introducing poultry or livestock diseases into the United States.

Additionally, we propose to allow adult Ostriches from any country to
be imported, in accordance with the regulations, through the New York
Animal Import Center, based on space availability. Currently, with
certain exceptions, Ostriches may not be imported into the United
States if they exceed either 36 inches in height or 30 pounds in
weight. We are proposing this change after determining that the New
York Animal Import Center has the facilities and trained personnel to
handle adult Ostriches. We believe that these proposed amendments would
facilitate the importation into the United States of ratites and
hatching eggs of ratites while ensuring the continued protection of the
health of livestock and poultry in the United States.

DATES: Consideration will be given only to comments received on or
before August 2, 1996.

ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-044-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-044-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Tracye Butler, Staff Veterinarian,
Import/Export Animals, National Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-
5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 (referred to below as ``the
regulations'') govern the importation into the United States of certain
animals and birds, including Ostriches and other flightless birds known
as ratites, and their hatching eggs, to prevent the introduction of
communicable diseases of livestock and poultry.

Section 92.101 of the regulations, among other things, imposes
general restrictions on the importation of ratites and hatching eggs of
ratites. Paragraph (b)(3)(i) of Sec. 92.101 requires that all ratites,
except ratites imported as zoological birds, and all hatching eggs of
ratites entering the United States must originate from certified pen-
raised flocks and must be identified. Ratites must be identified by
means of a microchip implant, hatching eggs of ratites by marking on
the shell. Paragraph (b)(3)(i) also requires certain recordkeeping,
reporting, and inspections related to the flock and premises of origin.
Paragraph (b)(3)(ii) of Sec. 92.101 prohibits, with certain exceptions,
the importation of Ostriches more than 36 inches in height or 30 pounds
in weight at the time of arrival in the United States.

Section 92.103 of the regulations, among other things, requires
that an importer submit a completed import permit application to import
ratites or hatching eggs of ratites into the United States. The import
permit application provides, among other things, information on the
name and location of the quarantine facility in the United States that
will maintain the ratites or hatching eggs of ratites during the
mandatory quarantine period.

Section 92.104 of the regulations, among other things, requires
that ratites and their hatching eggs offered for importation from any
part of the world be accompanied by a certificate issued by a full-time
salaried veterinary officer of the national government of the exporting
country or issued by a veterinarian authorised or accredited by the
national government of the exporting country and endorsed by a full-
time salaried veterinary officer of the national government of that
country. The certificate must state, among other things, that ratites
and their hatching eggs offered for importation have been inspected and
found free of evidence of communicable diseases and are identified in
accordance with the provisions in Sec. 92.101.

Section 92.105 of the regulations, among other things, specifies
requirements for the inspection of ratites and hatching eggs of ratites
at the port of entry in the United States. Paragraph (a) of
Sec. 92.105, among other things, allows hatching eggs of ratites to be
offered for importation into the United States at any international
airport, or any land-border port within 20 miles of an international
airport, serviced by Customs. In addition, hatching eggs of ratites may
be shipped, in bond, from the port of first arrival to the Customs port
of entry where the eggs will be inspected and quarantined.

Paragraph (c) of Sec. 92.105 provides that ratites, other than hatching
eggs of ratites, imported from any part of the world must be inspected by
a veterinary inspector of the Animal and Plant Health Inspection Service
(APHIS) at a listed port of entry. The ports of entry listed for
Ostriches are New York, NY; Stewart Airport, Newburgh, NY; and Miami,
FL. The ports of entry listed for ratites other than Ostriches are New
York, NY; Stewart Airport, Newburgh, NY; Miami, FL; and Honolulu, HI.

Section 92.106 of the regulations, among other things, imposes
quarantine requirements on ratites and hatching eggs of ratites.
Paragraph (b)(1) of Sec. 92.106, among other things, requires ratites
imported from any part of the world to be quarantined upon arrival for
a minimum of 30 days to determine the ratites' freedom from
ectoparasites and communicable diseases. Paragraph (b)(3) of
Sec. 92.106 requires that ratites be

[[Page 27798]]

treated for ectoparasites during the quarantine by an inspector until
the inspector determines that the ratites are free of ectoparasites.

Paragraph (b)(2) of Sec. 92.106, among other things, requires hatching
eggs of ratites imported from any part of the world to be quarantined
upon arrival, incubated for approximately 42 days, and held in
quarantine for a minimum of 30 days following the hatch of the last
chick in the lot, to determine the ratites' freedom from communicable
diseases. Additionally, the ratites and hatching eggs of ratites must
be tested for and found free of viral diseases of poultry, including
exotic Newcastle disease.

Ratites and Hatching Eggs of Ratites From Canada

We are proposing to exempt certain ratites and hatching eggs of
ratites from Canada from quarantine requirements upon arrival in the
United States. We are proposing this relief for ratites that meet the
following conditions: (1) They were hatched and raised in Canada; or
(2) if imported into Canada, they were quarantined upon arrival in
Canada for a minimum of 28 days at a Canadian quarantine facility and
remained in Canada for an additional 60 days following quarantine. We
are also proposing to exempt ratite hatching eggs that were laid in
Canada from U.S. quarantine requirements. We would continue to require
that these ratites and hatching eggs of ratites be accompanied by a
health certificate, in accordance with current Sec. 92.104(a), (c), and
(d), and that they meet the other applicable requirements of the
regulations.

We are proposing this change to the regulations because we believe
that ratites and their hatching eggs from Canada present a minimal risk
of introducing animal and poultry diseases into the United States, as
explained below.

Currently, Canada's import regulations allow ratites to be imported
into Canada only from Germany, The Netherlands, and the United Kingdom.

We have determined that Canadian requirements for importing ratites and
their hatching eggs into Canada are similar to U.S. requirements for
importing ratites and their hatching eggs into the United States.

Specifically, ratites imported into Canada must meet the following
conditions to be eligible for entry into a Canadian quarantine station:
(1) They were hatched in and have never been outside the country of
origin, or they have been quarantined in the country of origin for at
least 60 days; (2) they were inspected within 30 days immediately prior
to the date of export and were found to be free from evidence of viral
diseases of poultry, including Newcastle disease, and as far as could
be determined have not been exposed to disease within the preceding 60
days; (3) they tested negative for viral diseases; and (4) they were
inspected and declared healthy by a Canadian veterinary inspector upon
arrival in Canada. Upon arrival in Canada, the imported ratites must
enter a Canadian quarantine station and remain in quarantine for a
minimum of 28 days. During that time, they are thoroughly checked for
ticks and other external parasites. Fecal samples are taken and checked
for internal parasites. The detection of internal or external parasites
necessitates treatment; however, no vaccine against Newcastle disease
or laryngotracheitis is administered. The detection of viral diseases
may necessitate slaughter and disposal of the carcass.

Hatching eggs of ratites that are imported into Canada also undergo
quarantine to ensure the hatched chicks are free from disease. Hatching
eggs of ratites imported into Canada must enter a Canadian quarantine
station and remain in Canadian quarantine for a minimum of 45 days
following the hatch of the last chick in the lot in order for the
chicks to be eligible for an Agriculture Canada health certificate for
importation into the United States.

Ratites imported into Canada under the conditions described above
would present a negligible disease risk if allowed to enter the United
States without undergoing quarantine. The quarantine period in Canada
would offer sufficient opportunity for the diagnosis of communicable
diseases. Upon release from quarantine, the imported ratites would join
Canadian flocks for a minimum of 60 days. Additionally, ratites do not
live in the wild in Canada, and, therefore, ratites of unknown disease
history could not be trapped in the wild and then added to Canadian
flocks for subsequent importation into the United States. Because of
these factors, neither ratites imported into Canada, nor any Canadian-
origin ratites, would have occasion to be exposed to any communicable
disease of concern to the United States.

We therefore believe that removing the quarantine requirement for
certain ratites and hatching eggs of ratites from Canada is warranted
to eliminate duplications in Canadian and U.S. disease-prevention
measures and relieve an unnecessary regulatory burden.

We are also proposing to exempt ratites imported from Canada for
consignment directly to slaughter in the United States from the
requirement in Sec. 92.104(c)(8) that the ratites be treated for
ectoparasites within 3 to 14 days before they are exported from Canada.

We are proposing this change to minimise potential pesticide residue
problems in ratite meat and to acknowledge that ratites from Canada
that are consigned directly to slaughter in the United States would
have little, if any, opportunity to come into contact with and transfer
ticks to other animals. It is also unlikely that any ticks that could
be on the ratites would be ticks exotic to the United States because
there are no known ticks in Canada that are exotic to the United
States.

In addition, we are proposing to exempt Canadian ratite flocks from
the pen-raised requirement and the identification and recordkeeping
requirements in Sec. 92.101(b)(3). These requirements were established
to prevent wild-caught ratites from being added to a ``pen-raised''
flock and then imported into the United States as ratites produced and
maintained in a pen-raised flock. Because there are no wild ratites in
Canada and because Canadian import restrictions make it unlikely that
any wild-caught ratites would be imported into Canada, it does not
appear that it is necessary to require Canadian flocks to meet the pen-
raised requirement and the identification and recordkeeping
requirements in Sec. 92.101(b)(3).

We are also proposing to allow ratites from Canada that are exempt
from quarantine upon arrival to be offered for importation at the
following ports, in addition to the ports listed in Sec. 92.105(c):
Anchorage, AK; Fairbanks, AK; Los Angeles, CA; San Diego, CA; Denver,
CO; Jacksonville, FL; Port Canaveral, FL; St.Petersburg-Clearwater, FL;
Tampa, FL; Atlanta, GA; Eastport, ID; Chicago, IL; New Orleans, LA;
Houlton, ME; Jackman, ME; Portland, ME; Detriot, MI; Baltimore, MD;
Boston, MA; Port Huron, MI; Sault Ste. Marie, MI; Minneapolis, MN;
Great Falls, MT; Opheim, MT; Raymond, MT; Sweetgrass, MT; Alexandria
Bay, NY; Buffalo, NY; Champlain, NY; Dunseith, ND; Pembina, ND; Portal,
ND; Portland, OR; San Juan, PR; Galveston, TX; Houston, TX; Highgate
Springs, VT; Blaine, WA; Lynden, WA; Oroville, WA; Seattle, WA;
Spokane, WA; Sumas, WA; and Tacoma, WA.

We are proposing this change because, as explained above, ratites
hatched and maintained in Canada, or legally imported into Canada,
would present little, if any, risk of carrying an exotic animal or
poultry disease, or of harboring ectoparasites that could transmit
exotic diseases to animals or poultry in the United States.

[[Page 27799]]

Consequently, we do not believe that these ratites need to be
individually handled and inspected at the port of arrival. Under these
circumstances, it appears that ratites from Canada that would not
require quarantine upon arrival in the United States could be offered
for importation at ports other than those currently allowed, including
small, limited ports that lack restraint and holding facilities.
Canadian-origin hatching eggs of ratites would also be allowed to
be offered for importation at the ports listed above and could continue
to be offered for importation at any international airport, or at any
land-border port within 20 miles of an international airport, serviced
by Customs, in accordance with Sec. 92.105(a).

We believe that increasing the number of ports through which
ratites and their hatching eggs may enter the United States from Canada
would facilitate trade between the United States and Canada, in
accordance with the North American Free Trade Agreement and the General
Agreement on Tariffs and Trade.

We are proposing to exempt ratites and hatching eggs of ratites
from Canada from the import permit requirements found in Sec. 92.103 if
the ratites and hatching eggs qualify for exemption from quarantine
upon arrival in the United States and enter the United States at a
Canadian land border port, as listed in Sec. 92.203(b). This exemption
would apply only to those ratites and hatching eggs that are imported
from Canada through a land border port. If Canadian ratites or hatching
eggs of ratites enter the United States through an airport or ocean
port, then the ratites or hatching eggs must be accompanied by an
import permit so that port inspectors will have prior notification of
the arrival of the shipment of ratites or hatching eggs and be
available to check the shipment.

The exemptions discussed above for ratites and hatching eggs
imported into the United States from Canada would be set forth in
Sec. 92.107 in new paragraphs (b) and (c). Sections 92.101, 92.103,
92.104, 92.105, and 92.106 would be amended to indicate that
Sec. 92.107 contains exemptions for ratites and hatching eggs of
ratites imported into the United States from Canada.

Adult Ostriches

We are also proposing to allow Ostriches greater than 36 inches in
height or 30 pounds in weight to be imported into the United States
from any country through the port of New York, NY, or through Stewart
Airport, Newburgh, NY, and be quarantined at the New York Animal Import
Center (NYAIC), based on space availability. As a result of our
experience enforcing the regulations, we believe the NYAIC now has the
facilities and trained personnel to handle adult Ostriches.

Additionally, if an Ostrich greater than 36 inches in height or 30
pounds in weight were imported into the United States from Canada
without requiring quarantine, in accordance with the requirements
proposed in this document, then that adult Ostrich would be permitted
entry into the United States through any of the ports proposed for the
importation of Canadian ratites.

Miscellaneous

We are proposing to make a correction to Sec. 92.103(a)(1) to
remove a reference to Sec. 92.214. When part 92 was divided into seven
subparts in 1990, some references within paragraphs no longer applied.
We corrected most of these references, but we inadvertently overlooked
the reference to Sec. 92.214 in Sec. 92.103(a)(1). Section 92.103(a)(1)
provides import permit requirements and exceptions to those
requirements for birds; whereas Sec. 92.214 explains import permit
requirements for poultry. Therefore, we are proposing to remove the
reference to Sec. 92.214 from Sec. 92.103(a)(1).

We are also proposing to make minor editorial changes for clarity
and consistency, and we are proposing to amend Secs. 92.103 and 92.104
by adding a reference to the end of each section for the Office of
Management and Budget control number assigned to approved information
collection and recordkeeping requirements.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.
This rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.

This proposed rule would relieve some restrictions on the
importation into the United States of ratites and hatching eggs of
ratites from Canada and on the importation into the United States of
adult Ostriches. We anticipate that this proposed rule would affect
only the Ostrich industry because very few ratites other than Ostriches
have been imported into the United States since first being allowed in
1986.

Ostrich production in the United States has been growing rapidly
over the last few years. According to a recent estimate, there are
approximately 6,000 to 7,000 Ostrich owners and more than 70,000
breeding Ostriches in the United States. Each farm owns an average of 8
to 10 adult Ostriches, but each farm's holdings can range anywhere from
2 to 200 adult Ostriches. All of these farms are considered small
entities by Small Business Administration standards (annual gross
receipts of less than $500,000). The American Ostrich Association
reports its membership at 3,650 as of September 1995.

Over the last 2 to 3 years, the supply of Ostriches in the United
States has steadily increased, which has greatly reduced domestic
prices. For example, in 1992, market prices for Ostriches of different
ages ranged as follows: 3-month-old chicks sold for approximately
$6,000 a pair; 6-month-old chicks sold for $8,000 to $15,000 a pair;
yearlings sold for $12,000 to $25,000 a pair; 2-year-olds sold for
$25,000 to $40,000 a pair; and adults (breeding pairs) sold for $40,000
up to $100,000 a pair, depending upon proven breeding capabilities.

Recent market prices for Ostriches of different ages show a dramatic
decrease from the market prices of 1992; estimates of 1995 market
prices for Ostriches of different ages are as follows: 3-month-old
chicks sell for approximately $1,300 a pair; 6-month-old chicks sell
for approximately $2,150 a pair; yearlings sell for approximately
$4,300 a pair; 2-year-olds sell for approximately $8,600 a pair; and
adults (breeding pairs) sell for approximately $14,700 a pair,
depending upon proven breeding capabilities. Further, when compared to
the market prices listed above for 1995, the estimated market prices
for the first quarter of 1996 show approximately a fifty percent
decrease in the market prices for Ostriches in all age categories.

No live ratites have been imported into the United States from any
country since April of 1994. Removing the quarantine and other
requirements for Canadian ratites and their hatching eggs could
encourage imports by decreasing the cost of importing these ratites and
hatching eggs. However, because of the decrease in market prices
described above, we do not expect a heavy volume of Ostriches or other
ratites from Canada to be imported into the United States as a result
of this rule.

In addition, though the hatching eggs of ratites are more readily
available, are cheaper to transport, and can be quarantined at private
facilities, historically only about 26 percent of the imported eggs
(this includes fertile and infertile eggs) have hatched chicks that
survived beyond 30 days. Despite being a financially dangerous option,
importers continue to import hatching eggs and are trying to improve
their rate

[[Page 27800]]

of hatch and chick survival. However, because of the relatively low
hatch and survival rate and the reduced market prices of Ostriches of
different ages, we do not expect a heavy volume of the hatching eggs of
ratites from Canada to be imported into the United States as a result
of this rule.

Any imports from Canada that might result from this rule could
cause a further decline in the domestic prices of ratites in the United
States. However, we expect that domestic ratite importers would benefit
by having fewer restrictions on Canadian imports. Over the short term,
the proposed changes in the regulations might have a minor adverse
economic impact on domestic Ostrich producers. Over the long term, we
expect the domestic ratite industry to benefit from any imports that
may occur because reduced Ostrich prices could lead to larger domestic
populations of Ostriches, benefiting consumers of Ostriches and Ostrich
products. A larger domestic ratite population could further enhance the
economic viability of commercial ratite breeding, slaughter, feather,
and leather markets.

We expect that the economic effect of allowing the importation of
adult Ostriches from all countries into the United States through the
New York Animal Import Center would be insignificant because of the
drastic decrease in the market prices of Ostriches.

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

This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping.

Accordingly, 9 CFR part 92 would be amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

 1. The authority citation for part 92 would continue to read as
follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

 2. Section 92.101 would be amended as follows:
 a. By removing paragraph (b)(3)(ii).
 b. By redesignating paragraphs as follows:

------------------------------------------------------------------------
Old designation New designation
------------------------------------------------------------------------
(b)(3)(i)................................. (b)(3).
(b)(3)(i)(A).............................. (b)(3)(i).
(b)(3)(i)(B).............................. (b)(3)(ii).
(b)(3)(i)(C).............................. (b)(3)(iii).
(b)(3)(i)(D).............................. (b)(3)(iv).
(b)(3)(i)(D)(1)........................... (b)(3)(iv)(A).
(b)(3)(i)(D)(2)........................... (b)(3)(iv)(B).
(b)(3)(i)(D)(3)........................... (b)(3)(iv)(C).
(b)(3)(i)(E).............................. (b)(3)(v).
(b)(3)(i)(F).............................. (b)(3)(vi).
(b)(3)(i)(G).............................. (b)(3)(vii).
(b)(3)(i)(H).............................. (b)(3)(viii).
(b)(3)(i)(I).............................. (b)(3)(ix).
(b)(3)(i)(J).............................. (b)(3)(x).
(b)(3)(i)(K).............................. (b)(3)(xi).
(b)(3)(i)(L).............................. (b)(3)(xii).
------------------------------------------------------------------------

 c. By revising newly redesignated paragraph (b)(3) introductory
text, to read as set forth below.
 d. In newly designated paragraph (b)(3)(vi), by removing the
reference ``(b)(3)(i)(D)'' and adding ``(b)(3)(iv)'' in its place.
 e. In newly designated paragraph (b)(3)(vii), by removing the
reference ``(b)(3)(i)(B)'' and adding ``(b)(3)(ii)'' in its place, and
by removing the reference ``(b)(3)(i)(C)'' and adding ``(b)(3)(iii)''
in its place.
 f. In newly designated paragraph (b)(3)(x), the first sentence, by
removing the reference ``(b)(3)(i)(B)'' and adding ``(b)(3)(ii)'' in
its place, and by removing the reference ``(b)(3)(i)(C)'' and adding
``(b)(3)(iii)'' in its place.
 g. In newly designated paragraph (b)(3)(x), the fourth sentence, by
removing the reference ``(b)(3)(i)(E)'' and adding ``(b)(3)(v)'' in its
place.

Sec. 92.101 General prohibitions; exceptions.

* * * * *
 (b) * * *
 (3) Except for ratites imported as zoological birds, and ratites
and ratite hatching eggs imported from Canada in accordance with
Sec. 92.107, ratites and hatching eggs of ratites may not be imported
into the United States unless the following conditions are met:
* * * * *

Sec. 92.102 [Amended]

 3. Section 92.102(c) would be amended by removing the reference
``Sec. 92.105(a)'' and adding ``Sec. 92.105'' in its place.
 4. Section 92.103 would be amended as follows:
 a. In paragraph (a)(1), the first sentence, by removing the
reference ``92.214'' and adding ``92.107(b)'' in its place.
 b. By revising paragraphs (a)(1)(xiii), (a)(2)(iii), and (a)(2)(iv)
to read as set forth below.
 c. In paragraph (a)(2)(v), by removing ``Sec. 92.101 (b)(3)(i)(G)
and (b)(3)(i)(J)'' and adding ``Sec. 92.101 (b)(3)'' in its place; and
by removing ``Sec. 92.101 (b)(3)(i)(B) and (b)(3)(i)(C)'' and adding
``Sec. 92.101(b)(3)'' in its place.
 d. At the end of the section, by adding an OMB control number to
read as set forth below.

Sec. 92.103 Import permits for birds; and reservation fees for spaces
at quarantine facilities maintained by APHIS.

 (a) * * *
 (1) * * *
 (xiii) In addition, the application for a permit to import ratites
or hatching eggs of ratites, except for ratites and hatching eggs of
ratites imported from Canada in accordance with Sec. 92.107, shall
specify the number of ratites or hatching eggs intended for
importation, the size of the flock of origin, and the location of the
premises where the flock of origin is kept; and shall state that, from
the date of application through the date of export, APHIS
representatives shall be granted access to the premises where the flock
of origin is kept. (For ratites intended for importation as zoological
birds, the flock of origin shall be the ratites intended for
importation.)
 (2) * * *
 (iii) In addition, a permit to import ratites or hatching eggs of
ratites, except for ratites or hatching eggs of ratites imported from
Canada in accordance with Sec. 92.107, will be denied or withdrawn
unless APHIS representatives are granted access to the premises where
the flock of origin is kept (or, in the case of zoological birds, to
the premises where the birds are kept), from the date of the
application for the permit through the date of export;
 (iv) Except for ratites intended for importation as zoological
birds and

[[Page 27801]]

ratites and hatching eggs of ratites imported from Canada in accordance
with Sec. 92.107, a permit to import ratites or hatching eggs of
ratites will be denied or withdrawn unless an APHIS representative has
visited the premises where the flock of origin is kept within the 12-
month period before the intended importation and has determined that
the flock is pen-raised and contains sufficient breeding pairs to
produce the number of ratites or hatching eggs intended for
importation.
* * * * *
(Approved by the Office of Management and Budget under control
number 0579-0040)

 5. Section 92.104 would be amended as follows:
 a. By revising paragraphs (c)(2), (c)(8), (c)(13), (c)(14),
(c)(15), (c)(16), (d)(2), (d)(9), (d)(10), and (d)(11) to read as set
forth below.
 b. At the end of the section, by adding an OMB control number to
read as set forth below.

Sec. 92.104 Certificates for pet birds, commercial birds, zoological
birds, and research birds.

* * * * *
 (c) * * *
 (2) That, except when the certificate is for zoological birds or
ratites imported from Canada in accordance with Sec. 92.107, the flock
of origin is pen-raised and the ratites covered by the certificate were
produced and maintained in that flock;
* * * * *
 (8) That, except as provided in Sec. 92.107 for ratites imported
from Canada for immediate slaughter, the ratites were treated at least
3 days but not more than 14 days before being loaded for shipment to
the United States with a pesticide of a type and concentration
sufficient to kill ectoparasites on the ratites;
* * * * *
 (13) That the number of ratites and hatching eggs of ratites
exported from the flock of origin has not exceeded the ceiling required
to be established under Sec. 92.101(b)(3)(ix);
 (14) That all the ratites and hatching eggs of ratites in the flock
from which the ratites come were identified in accordance with
Sec. 92.101(b)(3);
 (15) Except for ratites imported from Canada in accordance with
Sec. 92.107, the number of ratite laying hens in the flock from which
the ratites come;
 (16) For ratites required to be treated prior to shipment with a
pesticide for ectoparasites, the certificate must also state the name,
concentration, and date of administration of the pesticide used to
treat the ratites;
* * * * *
 (d) * * *
 (2) That, except when the certificate is for hatching eggs of
ratites imported from Canada in accordance with Sec. 92.107, the flock
of origin is pen-raised, and the hatching eggs covered by the
certificate were produced by that flock;
* * * * *
 (9) That the number of ratites and hatching eggs of ratites
exported from the flock of origin has not exceeded the ceiling required
to be established under Sec. 92.101(b)(3)(ix);
 (10) That all the ratites and hatching eggs of ratites in the flock
from which the hatching eggs come were identified in accordance with
Sec. 92.101(b)(3);
 (11) Except for hatching eggs of ratites imported from Canada in
accordance with Sec. 92.107, the number of ratite laying hens in the
flock from which the hatching eggs come.

(Approved by the Office of Management and Budget under control
number 0579-0040)

 6. Section 92.105 would be amended as follows:
 a. In paragraph (a), by revising the first sentence to read as set
forth below.
 b. In paragraph (c), by revising the introductory text and
paragraph (c)(1) to read as set forth below.

Sec. 92.105 Inspection at the port of entry.

 (a) All commercial birds, zoological birds, and research birds,
including hatching eggs of ratites, but excluding other ratites,
imported into the United States, must be inspected by the port
veterinarian at the Customs port of entry, which may be any
international airport, or any land-border port within 20 miles of an
international airport, serviced by Customs, as well as, for Canadian-
origin hatching eggs of ratites, ports listed in Sec. 92.107 (c).
However, hatching eggs of ratites may be shipped, in bond, from the
port of first arrival to the Customs port of entry at which they will
be quarantined, for inspection, at that port.
* * * * *
 (c) Ratites, other than hatching eggs of ratites, imported from any
part of the world must be inspected at the Customs port of entry by a
veterinary inspector of APHIS and, except as provided in Sec. 92.107(b)
for ratites imported from Canada, shall be permitted entry only at one
of the following ports of entry:
 (1) Ostriches:
 (i) Up to 36 inches in height (as measured from the top of the head
to the base of the feet) or 30 pounds in weight: New York, NY; Stewart
Airport, Newburgh, NY; and Miami, FL.
 (ii) Exceeding 36 inches in height or 30 pounds in weight: New
York, NY, and Stewart Airport, Newburgh, NY.
* * * * *

Sec. 92.106 [Amended]

 7. Section 92.106 would be amended as follows:
 a. In paragraph (b)(1), the first sentence, by adding the words ``,
except as provided in Sec. 92.107,'' immediately following the words
``any part of the world''.
 b. In paragraph (b)(2), the first sentence, by adding the words ``,
except as provided in Sec. 92.107,'' immediately following the words
``any part of the world''.
 8. Section 92.107 would be amended as follows:
 a. By adding the paragraph designation ``(a)'' immediately
preceding the words ``In-bond shipments from Canada.''
 b. By adding new paragraphs (b) and (c) to read as follows:

Sec. 92.107 Special provisions.

* * * * *
 (b) Ratites from Canada. Ratites that were hatched and raised in
Canada or ratites that were legally imported into Canada and, upon
arrival in Canada, were quarantined for a minimum of 28 days at a
Canadian quarantine facility and remained in Canada for an additional
60 days following completion of quarantine may be imported into the
United States:
 (1) Without being quarantined upon arrival in the United States;
and
 (2) At any of the following ports of entry: Anchorage, AK;
Fairbanks, AK; Los Angeles, CA; San Diego, CA; Denver, CO;
Jacksonville, FL; Miami, FL; Port Canaveral, FL; St.Petersburg-
Clearwater, FL; Tampa, FL; Atlanta, GA; Honolulu, HI; Eastport, ID;
Chicago, IL; New Orleans, LA; Boston, MA; Baltimore, MD; Houlton, ME;
Jackman, ME; Portland, ME; Detroit, MI; Port Huron, MI; Sault Ste.
Marie, MI; Minneapolis, MN; Great Falls, MT; Opheim, MT; Raymond, MT;
Sweetgrass, MT; Alexandria Bay, NY; Buffalo, NY; Champlain, NY; New
York, NY; Stewart Airport, Newburgh, NY; Dunseith, ND; Pembina, ND;
Portal, ND; Portland, OR; San Juan, PR; Galveston, TX; Houston, TX;
Highgate Springs, VT; Blaine, WA; Lynden, WA; Oroville, WA; Seattle,
WA; Spokane, WA; Sumas, WA; and Tacoma, WA; and
 (3) If offered for entry at a Canadian land border port listed in
Sec. 92.203(b), without an import permit; and
 (4) If consigned directly to slaughter from the port of entry,
without being treated for ectoparasites within 3 to 14

[[Page 27802]]

days before shipment to the United States, as otherwise required by
Sec. 92.104(c)(8).
 (c) Ratite eggs from Canada. Hatching eggs of ratites that were
laid in Canada may be imported into the United States:
 (1) Without being quarantined upon arrival in the United States;
and
 (2) At any of the ports of entry listed in paragraph (b)(2) of this
section or authorised by Sec. 92.105(a); and
 (3) If offered for entry at a Canadian land border port listed in
Sec. 92.203(b), without an import permit.

Done in Washington, DC, this 28th day of May 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-13810 Filed 5-31-96; 8:45 am]
BILLING CODE 3410-34-P