[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56914-56916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23245]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. APHIS-2009-0078]
RIN 0579-AD25
Removal of the List of Ports of Embarkation and Export Inspection
Facilities from the Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the live animal export regulations
by removing the list of designated ports of embarkation and their
associated export inspection facilities. As a result of this
rulemaking, those ports and facilities would henceforth be listed on
the Internet rather than in the regulations, thus enabling us to amend
the list, when necessary, in a timelier manner than we can now and
allowing us greater flexibility in regulating animal exports.
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-2009-0078) 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-2009-0078, 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-2009-0078.
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. Courtney Bronner Williams, Senior
Staff 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. The
regulations state, among other things, that all animals, except animals
exported by land to Canada or Mexico, must be exported through
designated ports of embarkation, unless the exporter can show that the
animals would suffer undue hardship if they were required to be moved
to a designated port of embarkation.
Paragraph (a) of Sec. 91.14 lists ports that have been designated
by the Animal and Plant Health Inspection Service (APHIS) as having met
the requirements for use as ports of embarkation. To receive such a
designation from APHIS, a port must have an export inspection facility
available for the inspection, holding, feeding, and watering of animals
prior to exportation. Approved export inspection facilities, along with
their contact information, are also listed in Sec. 91.14(a). Under the
regulations, export inspection facilities must meet the standards
contained in Sec. 91.14(c) concerning physical construction
requirements, facility size, inspection implements (e.g., pens and
animal restraining devices), cleaning and disinfection, feed and water,
access by inspectors, animal handling arrangements, testing and
treatment of animals, facility location, disposal of animal wastes,
lighting, office and restroom facilities, and walkways.
Because the designated ports of embarkation and associated export
inspection facilities are now listed in the regulations, the list can
only be amended to add or remove ports or export inspection facilities
or to update contact information by means of rulemaking. In order to
allow for more timely changes, we are proposing to remove this list
from the regulations. In its place, we would add a new paragraph (a)
stating that all ports that have export inspection facilities that an
APHIS veterinarian has determined satisfy the requirements of Sec.
91.14(c) would be designated as ports of embarkation. The proposed
paragraph would further state that the list of designated ports and
inspection facilities can be obtained from an APHIS Veterinary Services
area office or viewed on the Internet on the APHIS Web site. Finally,
proposed paragraph (a) would provide, as does the introductory text of
the existing paragraph (a), that all animals, except animals being
exported by land to Mexico or Canada, must be exported through the
listed ports or through other ports designated in special cases by the
Administrator, as provided in Sec. 91.14(b).
We are also proposing some changes to Sec. 91.14(d), which
pertains to approval and denial, revocation, or suspension of approval
of export inspection facilities. Currently, the paragraph states that
approval of an export inspection facility will be denied or revoked if
the facility fails to meet the standards contained in Sec. 91.14(c).
The operator of the facility is notified in writing if approval is
denied or revoked, in the latter case, at least 60 days prior to the
date of the proposed revocation. The written notice details the
deficiencies of the facility, and the operator is given an opportunity
to respond. Pending a final determination, approval of any facility may
be denied or suspended by the Administrator when he has reason to
believe that the facility does not meet the standards set forth in the
regulations.
The paragraph, as currently written, is somewhat ambiguous
regarding the circumstances that may trigger a revocation of approval.
In order to clarify the regulations and ensure that standards are being
maintained at ports
[[Page 56915]]
and facilities covered under these regulations, we are proposing to
amend paragraph (d) to require that designated ports of embarkation and
export facilities be reevaluated annually for compliance with Sec.
91.14(c) by means of an APHIS inspection.
We would also remove the provisions pertaining to suspension and/or
proposed revocation of approval, including the requirement that we
notify the operator of the facility 60 days prior to the latter. For
purposes of enforcement, the existing categories of suspension and
revocation are essentially the same: In either case, the port or
facility loses its eligibility for use as a designated port of
embarkation. Moreover, there is no distinction between the requirements
for reinstatement of a facility that has had its approval suspended and
one that has had its approval revoked. In both the former case and the
latter, the facility is reinstated when it can demonstrate that it
meets the requirements of Sec. 91.14(c). The elimination of the
category of suspension, therefore, would not change the way the
regulations are enforced but would simplify them. Under our proposed
paragraph (d), if a facility were to fail an annual compliance
inspection, it would be removed immediately from the list of designated
facilities. Proposed paragraph (d) would also clarify the procedure for
reinstatement by indicating that operators of facilities that fail
either an initial inspection or an annual compliance inspection would
have the opportunity to request another inspection after remedying the
deficiencies listed in the written notice from APHIS. The existing
regulations do not address the issue of reinstatement directly.
Finally, we would make minor editorial changes to Sec. Sec.
91.14(b) and 91.15(a), the current text of which contains references to
the list of ports in current Sec. 91.14(a).
By eliminating the need for rulemaking each time the list of
designated ports of embarkation and associated export inspection
facilities needs to be changed, this proposed rule would allow
revisions to that list to be made much more quickly than they can at
present. Our ability to revise the list in a timely manner will make
the process of regulating animal exports more flexible and efficient.
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.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
by contacting the person listed under FOR FURTHER INFORMATION CONTACT
or on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov).
This proposed rule would amend the live animal export regulations
by removing the list of designated ports of embarkation and their
associated export inspection facilities. As a result of this
rulemaking, those ports and facilities would henceforth be listed on
the Internet rather than in the regulations, allowing us to amend the
list, when necessary, in a timelier manner than we can now.
Those entities most likely to be economically affected by the rule
would be exporters of live animals and domestic livestock producers.
These entities either sell goods on their own account (import/export
merchants) or arrange for the sale of goods owned by others (import/
export agents and brokers). Affected entities could include beef cattle
ranching and farming operations, dairy cattle and milk production
operations, hog and pig farming operations, sheep and goat farming
operations, and cattle feedlots.
The Small Business Administration has established guidelines for
determining which businesses are to be considered small. Based on the
most recent data we have regarding annual receipts, it is likely that
most of the entities that could be affected by this proposed rule are
small.
However, this proposal would only amend APHIS' administrative
process for changing the list of designated embarkation ports and
associated export inspection facilities. The proposed action would not
make any changes in the status of any designated embarkation port or
associated export inspection facility, nor would it alter the technical
criteria by which designated embarkation ports and associated export
inspection facilities are added to or removed from this list. We expect
that this proposed rule will have little effect on U.S. entities other
than benefits they could derive from timelier changes to the list of
designated ports of embarkation and associated export inspection
facilities.
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. Section 91.14 is amended by revising paragraphs (a), (b), and (d) to
read as follows:
Sec. 91.14 Ports of embarkation and export inspection facilities.
(a) All ports that have export inspection facilities which an APHIS
veterinarian has determined satisfy the requirements of paragraph (c)
of this section are hereby designated as ports of embarkation. A list
of designated ports of embarkation can be viewed on the Internet at
(http://www.aphis.usda.gov/regulations/vs/iregs/animals/) or obtained
from a Veterinary Services area office. Information on area offices is
available at (http://www.aphis.usda.gov/animal_health/area_offices/).
All animals, except animals being exported
[[Page 56916]]
by land to Mexico or Canada, shall be exported through said ports or
through ports designated in special cases under paragraph (b) of this
section.
(b) In special cases, other ports may be designated as ports of
embarkation by the Administrator, with the concurrence of the
Commissioner of the Bureau of Customs and Border Protection, when the
exporter can show to the satisfaction of the Administrator that the
animals to be exported would suffer undue hardship if they are required
to be moved to a port listed as a designated port of embarkation in
accordance with paragraph (a) of this section. Ports shall be
designated in special cases as ports of embarkation only if the
inspection facilities are approved as meeting the requirements of
paragraph (c) of this section.
* * * * *
(d) Approval and denial or revocation of approval. Approval of each
export inspection facility for designation under paragraph (a) of this
section, and in special cases under paragraph (b) of this section,
shall be obtained from the Administrator. Approval of an export
inspection facility under paragraph (a) or (b) will be denied or
revoked for failure to meet the standards in paragraph (c) of this
section. Designated ports of embarkation and export facilities shall be
reevaluated annually, by means of an APHIS site inspection, for
continued compliance with the standards contained in paragraph (c) of
this section. If the port or facility fails to pass the annual
inspection, its designation will be revoked, and it will be removed
from the list of designated ports and facilities. A written notice of
any proposed denial or revocation shall be given to the operator of the
facility, and he will be given an opportunity to present his views
thereon. Such notice shall list in detail the deficiencies concerned.
After remedying the deficiencies, an operator may request another
inspection. Approval of a port of embarkation in connection with the
designation of an export inspection facility in special cases shall be
limited to the special case for which the designation was made.
* * * * *
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3. In Sec. 91.15, paragraph (a) is revised to read as follows:
Sec. 91.15 Inspection of animals for export.
(a) All animals offered for exportation to any foreign country,
except by land to Mexico or Canada, shall be inspected within 24 hours
of embarkation by an APHIS veterinarian at an export inspection
facility at a port listed as a designated port of embarkation in
accordance with Sec. 91.14(a), or at a port or inspection facility
designated by the Administrator in a special case under Sec. 91.14(b).
* * * * *
Done in Washington, DC, this 13\th\ day of September 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-23245 Filed 9-16-10: 8:45 am]
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