[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Proposed Rules]
[Pages 49278-49279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24039]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 183 / Thursday, September 19, 1996 /
Proposed Rules
[[Page 49278]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 156
[Docket No. 93-168-1]
Export Certification of Animal Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning
inspection and certification of animal byproducts by removing
references to ``inedible animal byproducts'' and replacing them with
references to ``animal products,'' and by providing for the issuance of
export certificates for animal products which do not require
inspection. These amendments appear to be necessary to facilitate trade
in U.S. animal products.
DATES: Consideration will be given only to comments received on or
before November 18, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 93-168-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
Comments received may be inspected at USDA, room 1141, South Building,
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m.
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing
to inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Marolo Garcia, Senior Staff
Veterinarian, Products Staff, National Center for Import and Export,
VS, APHIS, Suite 3B05, 4700 River Road Unit 40, Riverdale, MD 20737-
1231. Telephone: (301) 734-4401; or E-mail: mgarcia:aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 156 (referred to as the regulations)
govern the inspection and certification of animal byproducts. These
regulations were promulgated under authority contained in sections 203
and 205 of The Agriculture Marketing Act of 1946, as amended (7 U.S.C.
1622 and 1624) (the Act). The Act authorizes the Secretary of
Agriculture, among other things, to ``inspect, certify, and identify
the class, quality, quantity, and condition of agricultural products
when shipped or received in interstate commerce, under such rules and
regulations as the Secretary of Agriculture may prescribe. * * *'' The
Act further states that the intended effect of this authority is that
agricultural products ``may be marketed to the best advantage'' and
``that trading may be facilitated.'' The Act also authorizes the
Secretary ``to perform such other activities as will facilitate the
marketing [and] distribution of agricultural products through
commercial channels.'' In addition, the Act states that no person shall
be required to use the service.
Animal Byproducts/Animal Products
Until recently, the Animal and Plant Health Inspection Service
(APHIS) was delegated authority under the Act with respect to voluntary
inspection and certification of inedible animal byproducts. Based on
this authority, our regulations currently provide for APHIS to issue
export certificates for inedible animal byproducts.
However, effective November 8, 1995, APHIS was granted broader
authority under revised delegations of authority from the Secretary of
Agriculture and general officers of the Department (see 60 FR 56392, et
seq.) Among other changes, authority was delegated to the
Administrator, APHIS, to administer the Act ``with respect to voluntary
inspection and certification of animal products'' (see 60 FR 56457, 7
CFR 2.80(a)(28)). The effect of this amendment was to give APHIS
authority to issue export certificates for all animal products, edible
and inedible.
To reflect this change, we are proposing to amend the regulations
to remove the term ``animal byproduct'' wherever it appears, and
replace it with the term ``animal product.'' We would also remove the
current definition of ``animal byproduct'' and add a definition of
``animal product.''
Export Certificates Without Inspection
Most countries require imported animal products to be accompanied
by an official export certificate issued by the country of origin.
Without such a certificate, the products cannot be brought into the
country. However, depending upon the product involved, many importing
countries require the export certificate to state only that the
exporting country is free of certain diseases. Often there is no
requirement that the product itself have been inspected.
The regulations as now written do not provide for APHIS to issue
export certificates for uninspected animal products. We are proposing
to amend the regulations to provide that we would issue such
certificates on request. Providing export certificates for uninspected
animal products would enable exporters to sell products outside the
United States and would facilitate international trade, both stated
goals of the Act.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
This proposed change in the regulations would enable APHIS to issue
export certificates for certain animal products without inspecting the
products. This is a service many prospective exporters have asked the
Agency to provide. Under the proposed regulations, exporters would not
be required to use this service. However, exporters who choose to
obtain export certificates from APHIS would be required to pay a user
fee of $21.50 for each certificate.
According to Foreign Agriculture Trade of the United States, FY
1995 Supplement, approximately $3.5 billion worth of animal products of
all types were exported from the United States during FY 94. During FY
1994, the latest year for which figures are available, APHIS issued
approximately 35,000 export certificates for inedible animal
byproducts.
[[Page 49279]]
However, no data is available to us indicating the number of
entities that export animal products, how many entities might export
edible animal products under our proposed rule, or how many of these
entities might be small entities. For these reasons, we are unable to
determine whether this proposed action might have a significant
economic impact on a substantial number of small entities. We invite
comments on this impact. In particular, we are interested in
determining the number of small entities that may incur costs
associated with obtaining export certificates for inedible animal
products.
Executive Order 12998
This proposed rule has been reviewed under Executive Order 12998,
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 new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 9 CFR Part 98
Exports, Livestock, Poultry and poultry products, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR part 156, would be amended as follows:
PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE
1. The authority citation for part 156 would continue to read as
follows:
Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22,
2.80, and 371.2(d).
2. The part heading would be revised as set forth above.
3. Section 156.2 would be amended as follows:
a. Paragraph (g) would be removed;
b. All paragraph designations would be removed;
c. All definitions would be placed in alphabetical order; and
d. A definition of Animal product would be added, in alphabetical
order, to read as follows:
Sec. 156.2 Definitions.
* * * * *
Animal product. Anything made of, derived from, or containing any
material of animal origin.
* * * * *
Secs. 156.3, 156.5, and 156.8 [Amended]
4. In the following sections, the word ``byproducts'' would be
removed and the word ``products'' would be added in its place:
a. Sec. 156.3, each time it appears;
b. Sec. 156.5; and
c. Sec. 156.8(b), each time it appears.
5. In Sec. 156.6, the first sentence would be revised to read as
follows:
Sec. 156.6 Certificates.
The inspector shall sign and issue certificates in forms approved
by the Administrator for animal products, if the inspector finds that
the requirements as stated in the certification have been met. * * *
Done in Washington, DC, this 13th day of September 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-24039 Filed 9-18-96; 8:45 am]
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