[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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]
BILLING CODE 3410-34-P