[Federal Register: March 6, 2003 (Volume 68, Number 44)]
[Proposed Rules]
[Page 10667-10668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr03-19]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 01-036-1]
Requirements for Recognizing the Animal Health Status of Foreign
Regions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations that set out our
procedures for recognizing the animal health status of regions.
Specifically, we propose to require regions that have been granted
status under the regulations to provide information, or allow us to
access information, to confirm the regions' animal health status when
we request it. We believe this action is necessary to help prevent the
introduction of foreign animal health diseases into the United States.
DATES: We will consider all comments that we receive on or before May
5, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 01-036-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 01-036-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
01-036-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 92, ``Importation of Animals and
Animal Products: Procedures for Requesting Recognition of Regions''
(referred to below as the regulations), set out the process by which a
foreign government may request recognition of the animal health status
of a region or approval to export animals or animal products to the
United States based on the risk associated with animals or animal
products from that region. As provided in Sec. 92.2, each request must
include information about the region, including information on the
authority, organization, and infrastructure of the veterinary services
organization of the region; the extent to which movement of animals and
animal products is controlled from regions of higher risk, and the
level of biosecurity for such movements; livestock demographics and
marketing practices in the region; diagnostic laboratory capabilities
in the region; and the region's policies and infrastructure for animal
disease control, i.e., the region's emergency response capacity.
Recognition by the Animal and Plant Health Inspection Service
(APHIS) of a region's animal health status makes exports of animals and
animal products from that region subject to a certain set of import
conditions, depending on that region's animal health status. These
conditions are intended to ensure that animals and animal products
imported from the region will not introduce animal diseases into the
United States. However, once a region has been granted a particular
animal health status for a specified disease, the regulations provide
no mechanism for APHIS to verify that the assigned import conditions
remain appropriate and effective over time. We believe that such
verification is sometimes necessary and appropriate to ensure continued
protection from the introduction of foreign animal diseases into the
United States.
Therefore, we are proposing to add a paragraph to Sec. 92.2 that
would require, at the discretion of the Administrator, that regions
submit, or allow the collection of, information we believe is necessary
to ensure that the animal health status of the region has been
maintained. For example, we may determine that a site visit is
necessary to verify information provided by the region, or we may
require information to confirm that the import requirements of the
region have not changed. Similarly, if a region with recognized animal
health status borders a region that reports an outbreak of an animal
health disease, we may require information regarding security along
that border. These listed examples are simply that--examples of
information we may require. Specific information collection activities,
if determined necessary, will vary based on the information required to
adequately assess a region's animal health status.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to amend the regulations that set out our
procedures for recognizing the animal health status of regions.
Specifically, we propose to require regions that have been granted
status under the regulations to provide information, or allow us to
access information, to confirm and/or assess the regions's animal
health status when we request to do so. We believe this action is
necessary to help prevent the introduction of foreign animal health
diseases into the United States. We do not expect that this action will
result in any economic effects, positive or negative.
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 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and
[[Page 10668]]
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 section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 01-036-1.
Please send a copy of your comments to: (1) Docket No. 01-036-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 40 hours per response.
Respondents: Veterinary authorities in regions that have been
granted a particular animal health status for a specified animal
disease.
Estimated annual number of respondents: 3.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 3.
Estimated total annual burden on respondents: 120 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 9 CFR part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Region, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 92 as follows:
PART 92--IMPORTATION ANIMALS AND ANIMAL PRODUCTS; PROCEDURES FOR
REQUESTING RECOGNITION OF REGIONS
1. The authority citation for part 92 would continue to read as
follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
2. Section 92.2 would be amended by redesignating paragraph (a)(1)
as paragraph (a) and adding a new paragraph (g) to read as follows:
Sec. 92.2 Application for recognition of the animal health status of
a region.
* * * * *
(g) If a region is granted animal health status under the
provisions of this section, that region may be required to submit
additional information pertaining to animal health status or allow
APHIS to conduct additional information collection activities in order
for that region to maintain its animal health status.
Done in Washington, DC, this 28th day of February 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-5280 Filed 3-5-03; 8:45 am]
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