[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56912-56914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23235]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. APHIS-2009-0067]
RIN 0579-AD18
Live Goats and Swine for Export; Removal of Certain Testing
Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the livestock exportation
regulations to eliminate the requirement for pre-export tuberculosis
and brucellosis testing of goats and breeding swine intended for export
to countries that do not require such tests. This action would
facilitate the exportation of goats and breeding swine by eliminating
the need to conduct pre-export tuberculosis and brucellosis testing
when the receiving country does not require such testing.
DATES: We will consider all comments that we receive on or before
November 16, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0067) to submit or view comments
and to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2009-0067, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2009-0067.
Reading Room: 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at (http://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr. Antonio Ramirez, Senior Staff
[[Page 56913]]
Veterinarian, Technical Trade Services, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;
(301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 91, ``Inspection and Handling of
Livestock for Exportation'' (referred to below as the regulations),
prescribe conditions for exporting animals from the United States.
Section 91.6 requires that goats intended for exportation be tested for
tuberculosis and, for some goats, brucellosis prior to export. Section
91.9 requires that breeding swine intended for exportation be tested
for brucellosis prior to export.
The regulations provide certain exceptions to the testing
requirements for goats. Specifically, the regulations in Sec.
91.6(a)(4) exempt goats being exported for immediate slaughter from
complying with export requirements set forth in the section, including
the testing requirements for tuberculosis and brucellosis. There are no
exceptions to the brucellosis testing requirement for breeding swine in
Sec. 91.9.
Some countries do not require that goats and breeding swine be
tested for tuberculosis and brucellosis prior to export. Even in such
cases, though, our regulations require that such testing be conducted.
Thus, these requirements can create an unnecessary burden for producers
when testing is not required to satisfy the import regulations of the
country to which they are exporting goats and breeding swine. To
relieve this unnecessary burden, we are proposing to amend the
regulations to exempt goats and breeding swine from tuberculosis and
brucellosis testing prior to export if such testing is not required by
the receiving country.
Specifically, we would amend paragraph (a)(4) of Sec. 91.6 by
adding provisions that would exempt all goats over 1 month of age being
exported from the United States from that section's tuberculosis
testing requirements, if such testing is not required by the receiving
country. We would also add provisions that would exempt dairy and
breeding goats being exported from the United States from that
section's brucellosis testing requirements.
For swine, we would add a new paragraph to Sec. 91.9 to provide
that breeding swine being exported from the United States do not have
to be tested for brucellosis if such testing is not required by the
receiving country.
Currently, the provisions in Sec. 91.9 are contained in a single
paragraph (a); that paragraph addresses both the condition that swine
being exported from the United States have not been fed garbage at any
time and the condition that breeding swine being exported from the
United States test negative for brucellosis. In order to make the
provisions of Sec. 91.9 clearer, and in order to accommodate the
paragraph with the proposed testing exemption, we would split the
current paragraph (a) into two paragraphs. The proposed new paragraph
concerning testing requirements would be added as paragraph (c).
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 have prepared an economic analysis for this action. The economic
analysis is posted with this proposed rule on the Regulations.gov Web
site (see ADDRESSES above for instructions for accessing
Regulations.gov) and may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT.
The analysis identifies live goat and swine exporters as the small
entities most likely to be affected by this action and considers the
costs associated with the elimination of tuberculosis and brucellosis
testing requirements for goats and swine being exported to countries
that do require such tests. Based on the information presented in the
analysis, we expect that the goat and swine wholesale trading industry
would experience a reduction in compliance costs as a result of this
action although the savings would be small in comparison to the value
of the animals being exported. 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 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
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 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 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 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
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Accordingly, we propose to amend 9 CFR part 91 as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
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1. The authority citation for part 91 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C.
136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and
371.4.
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2. In Sec. 91.6, paragraph (a)(4) is revised to read as follows:
Sec. 91.6 Goats.
(a) * * *
(4) Exemptions. (i) Goats exported for immediate slaughter need not
comply with the requirements of paragraphs (a)(1), (a)(2), (a)(3), and
(a)(5) of this section.
(ii) Tuberculosis testing is not required for goats over 1 month of
age exported to a country that does not require goats from the United
States to be tested for tuberculosis as described in paragraph (a)(1)
of this section.
(iii) Brucellosis testing is not required for dairy and breeding
goats exported to a country that does not require goats from the United
Stated to be tested for brucellosis as described in paragraph (a)(1) of
this section.
* * * * *
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3. Section 91.9 is revised to read as follows:
Sec. 91.9 Swine.
(a) No swine shall be exported if they were fed garbage at any
time. The swine shall be accompanied by a certification from the owner
stating that they were not fed garbage, and that any additions to the
herd made within the 30 days immediately preceding the export shipment
have been maintained isolated from the swine to be exported.
[[Page 56914]]
(b) Except as provided in paragraph (c) of this section, all
breeding swine shall be tested for and show negative test results to
brucellosis by a test prescribed in ``Standard Agglutination Test
Procedures for the Diagnosis of Brucellosis'' or ``Supplemental Test
Procedures for the Diagnosis of Brucellosis.'' The test results shall
be classified negative in accordance with the provisions prescribed in
the Recommended Brucellosis Eradication Uniform Methods and Rules,
chapter 2, part II, G, 1, 2, and 3.
(c) Breeding swine exported to a country that does not require
breeding swine from the United States to be tested for brucellosis need
not comply with the requirements of paragraph (b) of this section.
(Approved by the Office of Management and Budget under control
number 0579-0020)
Done in Washington, DC, this 13\th\ day of September 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-23235 Filed 9-16-10: 8:45 am]
BILLING CODE 3410-34-S