[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Rules and Regulations]
[Pages 4534-4536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1740]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. 93-031-2]
Inspection of Animals for Export to Mexico or Canada
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning the inspection and
handling of livestock for exportation by requiring that all animals
intended for exportation other than by land (that is to say, by air or
sea) to Mexico or Canada receive a final inspection by an Animal and
Plant Health Inspection Service veterinarian at an export inspection
facility at a designated port of embarkation. We have determined this
action is necessary to help ensure that only healthy animals are
exported from the United States.
EFFECTIVE DATE: February 23, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, P.O. Drawer 810, Riverdale,
MD 20738. The telephone number for the agency contact will change when
agency offices in Hyattsville, MD, move to Riverdale, MD, in February.
Telephone: (301) 436-7511 (Hyattsville); (301) 734-7511 (Riverdale).
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 91.3(a) requires, among other things, that all animals intended
for exportation to Mexico or Canada, except cattle from Mexico imported
into the United States in bond for temporary feeding and return to
Mexico, be accompanied from the State of origin of the export movement
to the border of the United States by an origin health certificate.
Section 91.3(b) requires, among other things, that all animals in
export shipments, except animals intended for export to Mexico or
Canada, be inspected, tested, or treated as prescribed in the
regulations before the movement of the export shipment to the export
inspection facility. Section 91.14(a) requires that all animals, except
animals being exported to Mexico or Canada, be exported through
designated ports of embarkation with export inspection facilities that
meet the standards for export inspection facilities specified in
Sec. 91.14(c). Section 91.15(a) requires that all animals offered for
exportation to foreign countries, except Mexico or Canada, be inspected
by an Animal and Plant Health Inspection Service (APHIS) veterinarian
at either: (1) An export inspection facility at a port designated in
Sec. 91.14(a); or (2) in special cases, at a port or inspection
facility designated by the Administrator under Sec. 91.14(b).
On April 26, 1994, we published in the Federal Register (59 FR
21675-21676, Docket No. 93-031-1) a proposal to amend the regulations
by requiring that all animals intended for exportation other than by
land (that is to say, by air or sea) to Mexico or Canada receive a
final inspection by an APHIS veterinarian at an export inspection
facility at a designated port of embarkation to help ensure that only
healthy animals are exported from the United States.
We solicited comments concerning our proposal for 60 days ending
June 27, 1994. We received three comments by that date. They were from
one producer and two horse industry organizations. We carefully
considered these comments, which are discussed below by topic.
Basis for Change
One commenter stated that there is no evidence that unhealthy
horses are being exported to Canada or Mexico, or that Canadian or
Mexican officials are concerned about the problem. The commenter stated
further that if these countries are concerned, they and not APHIS need
to address the problem. We have made no change in response to this
comment. It is the responsibility of the Secretary of Agriculture to
ensure that only healthy horses and other livestock are exported from
the United States (21 U.S.C. 105, 112, 113, 612 and 614).
One commenter stated that the present regulations, which require
the animals to be accompanied from the State of origin to the port of
embarkation by an origin health certificate, are sufficient. We have
made no change based on this comment. We agree that the present
regulations are sufficient for animals traveling by land to Canada or
Mexico because of the follow-up inspection at the border. However,
animals identified on the origin health certificate may have been
inspected at any time within 30 days prior to the date of the export
movement. We believe that a final inspection at the port of embarkation
is necessary for animals shipped to Canada or Mexico by air or
[[Page 4535]] sea to ensure that the animals are healthy.
One commenter expressed concern about the effect of this rulemaking
on the Breeders' Cup, an organization which conducts an annual
international championship event. The commenter said that this event
will be held in Canada in 1996, and that the rule would create a
hardship for individual horsemen and airline carriers by requiring them
to coordinate inspections for horses leaving racing facilities across
the United States, and by requiring the horses to leave from only USDA
designated ports of embarkation. We have made no changes based on this
comment. We have already explained our reason for requiring the horses
to be inspected. As for requiring the inspection to take place at USDA
designated ports of embarkation, there are approximately 30 designated
ports of embarkation in the United States for the exportation of
animals. Furthermore, our regulations provide that, in special cases,
other ports may be designated by the Administrator, with the
concurrence of the Director of Customs, when the exporter can show to
the satisfaction of the Administrator that the animals to be exported
would suffer undue hardship if required to move to one of the
designated ports. These provisions have proved successful for the
movement of animals, including horses, to other foreign countries, and
we are confident that they will prove sufficient for the movement of
animals by air or sea to Canada or Mexico.
One commenter stated that the proposed amendments would create an
economic hardship on horse owners, because they would have to pay an
hourly user fee, for a minimum of 5 hours, plus applicable reimbursable
overtime expenses, while the horses are held at the port of embarkation
for the final inspection. The commenter stated that these costs would
be proportionally greater for horse owners than for owners of other
animals, since horses are shipped in smaller volumes than are other
animals. We have made no changes based on this comment. We do not
believe that horse owners will be disproportionately affected by this
rulemaking. In accordance with 9 CFR 130.21, a user fee of $50.00 per
hour is charged for inspection and supervision services provided by
APHIS personnel for export animals. The total user fee for these
services is based on the amount of time it takes APHIS personnel to
actually inspect the horses or other animals, not on the 5-hour holding
period specified in Sec. 91.15(a). Smaller shipments will normally take
less time, and incur a lower user fee, than larger shipments.
Therefore, based on the rationale set forth in the proposed rule and in
this document, we are adopting the provisions of the proposal as a
final rule.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
This rule will require a final inspection at an export inspection
facility at a designated port of embarkation for all animals intended
for export to Canada and Mexico by air or sea. Animals intended for
export to Mexico and Canada by air or sea will first be inspected by an
APHIS representative or an accredited veterinarian in the State of
origin. The APHIS representative or an accredited veterinarian will
issue an origin health certificate, which an authorized APHIS
veterinarian in the State of origin will endorse. At the port of
embarkation, the animals will receive a final inspection by an APHIS
veterinarian before they will be allowed to leave the United States.
The exporter will be charged a user fee ($50.00 an hour plus
reimbursable overtime when applicable) for the final inspection as
provided in 9 CFR part 130. This inspection could require 6 to 8 hours
of work for one or two veterinarians. The total cost of inspection for
an air shipment of gilts or heifers from Miami ranges from about $200
to $600 a shipment. The total cost of inspection for a sea shipment of
heifers from Hawaii ranges from $1,000 to $2,000 a shipment.
These costs are very small compared to the value of the animals
being shipped. For example, gilts (young, female pigs or immature sows)
may be valued at $500 to $1,000 or more a head, depending upon breed.
Heifers (young cows that have not borne calves) may be worth $2,000 a
head. One air shipment may contain as many as 240 gilts or 80 heifers.
One sea shipment from Hawaii may contain 1,000 to 2,000 heifers.
Relatively few exporters of horses will be affected by this rule.
Our records indicate that during fiscal year 1994, exporters moved
fewer than 10 shipments of horses (totalling less than 20 horses) to
Mexico by air (there were no shipments of horses to Mexico by sea) and
no shipments of horses by air or sea to Canada. By far, most shipments
are by land, with the number of horses exported to Mexico ranging from
1,000 to 2,500 annually, and to Canada ranging from 50,000 to 60,000
annually.
Generally, the entities that will be affected by this rule are not
small (defined as having 100 or fewer employees). They are large
companies, often with worldwide operations that handle large volumes of
traded animals. For example, about 14,000 swine were exported by air
from Miami last year, all by a few large companies. There are now only
two exporting companies operating out of Hawaii, one of which is a
``small'' entity.
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 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), and there are no new requirements. The assigned OMB
control number is 0579-0020.
List of Subjects in 9 CFR Part 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR part 91 is amended as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
1. The authority citation for part 91 continues 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). [[Page 4536]]
Sec. 91.3 [Amended]
2. Section 91.3 is amended as follows:
a. In paragraph (a), in the first and second sentences, the words
``by land'' are added immediately before the phrase ``to Mexico or
Canada''.
b. In paragraph (b), in the first and second sentences, the words
``by land'' are added immediately before the phrase ``to Mexico or
Canada''.
c. At the end of the section, in the parenthetical statement,
``0579-0069'' is removed and ``0579-0020'' is added in its place.
Sec. 91.5 [Amended]
3. In Sec. 91.5, at the end of the section, in the parenthetical
statement, ``0579-0069'' is removed and ``0579-0020'' is added in its
place.
Sec. 91.6 [Amended]
4. In Sec. 91.6, at the end of the section, in the parenthetical
statement, ``0579-0069'' is removed and ``0579-0020'' is added in its
place.
Sec. 91.14 [Amended]
5. In Sec. 91.14, paragraph (a), introductory text, in the second
sentence, the words ``by land'' are added immediately before the phrase
``to Mexico or Canada''.
Sec. 91.15 [Amended]
6. In Sec. 91.15, in paragraph (a), the words ``by land to'' are
added immediately before the phrase ``Mexico or Canada''.
Done in Washington, DC, this 18th day of January 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-1740 Filed 1-23-95; 8:45 am]
BILLING CODE 3410-34-P