[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23613]


[[Page Unknown]]

[Federal Register: September 26, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Parts 54 and 91

[Docket No. 93-070-2]

 

Inspection and Handling of Livestock for Exportation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations regarding inspection and 
handling of livestock for exportation to provide that United States 
origin health certificates include all test results, certifications, or 
other statements required by the foreign country of destination. This 
action is necessary to ensure that the origin health certificate 
contains all of the information required by the foreign country of 
destination. We are also amending the requirements concerning scrapie 
for sheep and goats intended for export. This action clarifies the 
regulations and makes the terminology used in the export regulations 
consistent with that used in our domestic scrapie regulations. We are 
also revising one definition in the domestic scrapie regulations to 
make the definitions in those regulations consistent with each other.

EFFECTIVE DATE: October 26, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Najam Faizi, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 762, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8383.

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.
    On May 13, 1994, we published in the Federal Register (59 FR 24979-
24982, Docket No. 93-070-1) a proposal to amend the regulations by 
providing that United States origin health certificates include all 
test results, certifications, or other statements required by the 
foreign country of destination. We also proposed to amend the 
requirements concerning scrapie for sheep and goats intended for 
export, in order to clarify the regulations and make the terminology 
used in the export regulations consistent with that used in the 
domestic scrapie regulations. Additionally, we proposed to revise a 
definition in the domestic scrapie regulations to make the definitions 
in those regulations consistent with each other.
    We solicited comments concerning the proposed rule for a 60-day 
comment period ending July 12, 1994. The one comment we received by 
that date supported the proposal as written.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
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.
    In accordance with 5 U.S.C. 604, we have performed a Final 
Regulatory Flexibility Analysis regarding the impact of this rule on 
small entities.
    This rule requires that the origin health certificate required for 
animals exported from the United States include any test results, 
certifications, or other statements required by the foreign country of 
destination. It also revises the export regulations in 9 CFR part 91 to 
make them consistent with the regulations in 9 CFR parts 54 and 79 
regarding the Voluntary Scrapie Flock Certification Program.
    No issues were raised by public comments in response to the Initial 
Regulatory Flexibility Analysis we published in our proposal, and we 
identified no significant alternatives to this rule. We anticipate that 
the changes involving certification will have little or no impact on 
domestic exporters. In order for exporters to sell their animals 
abroad, the animals must meet the import requirements of the country of 
destination. Therefore, it is in the exporter's interest to ensure that 
those requirements are met. This rule change requires only that the 
origin health certificate include all test results, certifications, or 
other statements required by the country of destination. However, 
estimates of the number of animals and the number of small entities 
that will be affected, and the potential costs to exporters, are not 
available.
    The changes to the regulations concerning sheep and goats with 
regard to scrapie will affect some producers. Under the regulations, 
sheep and goats from ``source flock'' premises may not be exported. 
Under the regulations prior to the effective date of this rule, source 
flock premises are considered those from which an animal affected with 
scrapie was moved within 18 months or less prior to showing signs of 
scrapie. Under this rule, the export of sheep and goats from source 
flocks continues to be prohibited, but the meaning of source flock is 
revised to mean a flock in which at least two animals were diagnosed as 
scrapie-positive animals at an age of 54 months or less, provided the 
second diagnosis was made within 60 months of the first, and provided 
the requirements of a flock plan have not been completed. This change 
makes the regulations more restrictive, and may increase the number of 
animals prohibited exportation because they originated in a source 
flock. However, as of July 1993, there were only five source flocks in 
the United States.

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 12778

    This rule has been reviewed under Executive Order 12778, 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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0020.

List of Subjects

9 CFR Part 54

    Animal diseases, Goats, Indemnity payments, Sheep.

9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, 9 CFR parts 54 and 91 are amended as follows:

PART 54--CONTROL OF SCRAPIE

    1. The authority citation for part 54 continues to read as follows:

    Authority: 21 U.S.C. 111, 114, 114a, 134a-134h; 7 CFR 2.17, 
2.51, and 371.2(d).

    2. Section 54.1 is amended by removing the definition of scrapie-
exposed animals and by adding, in alphabetical order, a definition of 
exposed animal to read as follows:


Sec. 54.1  Definitions.

* * * * *
    Exposed animal. Any animal which has been in the same flock at the 
same time within the previous 60 months as a scrapie-positive animal, 
excluding limited contacts. Limited contacts are contacts between 
animals that occur off the premises of the flock, and do not occur 
during or immediately after parturition for any of the animals 
involved. Limited contacts do not include commingling (when animals 
concurrently share the same pen or same section in a transportation 
unit where there is uninhibited physical contact).
* * * * *

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

    3. The authority citation for part 91 is revised to read as 
follows:

    Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f, 
136, 136a, 612, 613, 614, 618; 46 U.S.C. 466a, 466b; 49 U.S.C. 
1509(d); 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 91.3  [Amended]

    4. In Sec. 91.3, paragraph (a) is amended by removing 
``Sec. 161.2'' in the fourth sentence and replacing it with 
``Sec. 161.3(k) of this chapter'', and by adding a new sentence at the 
end of the paragraph to read as follows:


Sec. 91.3  General Export requirements.

    (a) * * * ``The origin health certificate shall include all test 
results, certifications, or other statements required by the foreign 
country of destination.
* * * * *
    5. In Sec. 91.6, and paragraph (a)(3) is revised as set forth 
below: footnote 4 is removed.


Sec. 91.6  Goats.

    (a) * * *
    (3) No goat shall be exported if it is a scrapie-positive animal or 
an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has 
ever been in an infected flock, source flock, or trace flock, as 
defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or 
sibling of any scrapie-positive animal.
* * * * *
    6. In Sec. 91.8, paragraph (a) introductory text is revised to read 
as follows:


Sec. 91.8  Sheep.

    (a) No sheep shall be exported if it is a scrapie-positive animal 
or an exposed animal, as defined in 9 CFR parts 54 and 79, or if it has 
ever been in an infected flock, source flock, or trace flock, as 
defined in 9 CFR parts 54 and 79; or if it is the progeny, parent, or 
sibling of any scrapie-positive animal.
* * * * *


Secs. 91.6 and 91.8  [Amended]

    7. In Sec. 91.6, paragraph (a)(5), and Sec. 91.8, paragraph (a)(2), 
footnote 5 and the references to footnote 5 are redesignated as 
footnote 4.

    Done in Washington, DC, this 19th day of September 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-23613 Filed 9-23-94; 8:45 am]
BILLING CODE 3410-34-P