[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18347-18348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7897]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules
and Regulations
[[Page 18347]]
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: Final rule.
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SUMMARY: We are amending 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 will 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 have been able to heretofore and allowing us
greater flexibility in regulating animal exports.
DATES: Effective Date: May 4, 2011.
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.
On September 17, 2010, we published in the Federal Register (75 FR
56914-56916, Docket No. APHIS-2009-0078) a proposal\1\ to amend the
live animal export regulations by removing the list of designated ports
of embarkation and their associated export inspection facilities
contained in Sec. 91.14(a). We proposed to replace the list with text
referring the reader to an Animal and Plant Health Inspection Service
(APHIS) Veterinary Services area office for obtaining the list or the
APHIS Web site for viewing it. Our proposal was intended to enable us
to amend the list, when necessary, in a timelier manner than we
previously had been able to and allow us greater flexibility in
regulating animal exports. Because the designated ports of embarkation
and associated export inspection facilities had been listed in the
regulations, the list could only be amended to add or remove ports or
export inspection facilities or to update contact information by means
of rulemaking.
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0078.
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We also proposed to make some changes to the regulations in Sec.
91.14(d) pertaining to approval and denial, revocation, or suspension
of approval of export inspection facilities in order to clarify the
regulations and ensure that standards are being maintained at ports and
facilities covered under these regulations. Specifically, we proposed
to add a requirement to Sec. 91.14(d) that designated ports of
embarkation and export facilities be reevaluated annually for
compliance with the regulations by means of an APHIS inspection. We
also proposed to simplify Sec. 91.14(d) by eliminating references
therein to suspension of approval, since the paragraph did not draw a
clear distinction between suspension and revocation, and for
enforcement purposes, the two were essentially the same. Finally, we
proposed to add to Sec. 91.14(d) procedures for reinstatement
following revocation of approval, since the existing regulations did
not address the subject directly.
We solicited comments concerning our proposal for 60 days ending
November 16, 2010. We received one comment by that date, from a
livestock exporter. The commenter supported the proposed rule.
Though we are not making any changes to this final rule in response
to the comment, we are making one editorial revision. In the September
2010 proposed rule, Sec. 91.14(a) indicated that the determination
that an export inspection facility met our requirements would be made
by an APHIS veterinarian. To make paragraph (a) consistent with the
rest of Sec. 91.14, we are amending that paragraph to indicate that
such determinations will be made by the Administrator.
Therefore, for the reasons given in the proposed rule, we are
adopting the proposed rule as a final rule, with the change discussed
in this document.
Executive Order 12866 and Regulatory Flexibility Act
This final 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
on the Regulations.gov Web site (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
This final rule amends 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 will 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 were able to previously.
Those entities most likely to be economically affected by the rule
are 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 may include beef cattle
ranching and farming operations, dairy cattle and milk production
operations, hog and pig farming operations, sheep
[[Page 18348]]
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 will be affected by this rule are small.
However, this rulemaking only amends APHIS' administrative process
for changing the list of designated embarkation ports and associated
export inspection facilities. This action does not make any changes in
the status of any designated embarkation port or associated export
inspection facility, nor does 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
final rule will have little effect on U.S. entities other than benefits
they may 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 will
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 final rule has been reviewed under Executive Order 12988,
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 final 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.
Accordingly, we are amending 9 CFR part 91 as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
0
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.
0
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 the
Administrator 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 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) of this section 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 or she will be given an opportunity to present his or
her 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.
* * * * *
0
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 29th day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-7897 Filed 4-1-11; 8:45 am]
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