[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19039-19041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10099]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 156

[Docket No. 93-168-2]


Export Certification of Animal Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 
will facilitate trade in U.S. animal products.

EFFECTIVE DATE: May 19, 1997.

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: [email protected].

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 Agricultural 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) under the Act was granted authority with respect to voluntary 
inspection and certification of only inedible animal byproducts. Our 
regulations have therefore only provided 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, the Administrator, APHIS, was granted 
authority 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 published a proposed rule in the Federal 
Register on September 19, 1996, (61 FR 49278-49279, Docket 93-168-2), 
to amend the regulations to remove the term ``animal byproduct'' 
wherever it appears, and replace it with the term ``animal

[[Page 19040]]

product.'' We also proposed to remove the 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. 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. As part of our proposal of 
September 19, 1996, we proposed to amend the regulations to provide 
that APHIS may issue export certificates for animal products or 
byproducts without conducting an inspection.
    We solicited comments concerning our proposal for 60 days ending 
November 18, 1996. We received 1 comment by that date.
    The commenter questioned whether APHIS should issue export 
certificates for milk, stating that State and other Federal authorities 
should certify milk for export.
    We have carefully considered this comment and determined that no 
changes in our proposed rule are necessary.
    We are not proposing to establish APHIS as the sole certifying 
authority for milk, or for any other animal products intended for 
export. Under our proposal, APHIS export certificates for all animal 
products, including milk, would be available to exporters who request 
them. APHIS export certificates would be available in addition to, not 
instead of, acceptable export certificates issued by other Federal and 
State agencies. We anticipate that exporters are most likely to request 
export certificates for milk and other dairy products from APHIS when 
the importing country requires that we provide certified information 
about the status of certain diseases in this country that could affect 
dairy cattle. Because APHIS has the authority and the expertise 
necessary to issue such certificates, we believe exporters should be 
able to obtain them from APHIS.
    We want to make it clear that APHIS does not require export 
certificates; export certificates are required by the country importing 
the product. Additionally, APHIS does not specify what information or 
certifications must appear on an export certificate; that is specified 
by the country importing the product. APHIS's role is simply to make 
export certificates available. In fact, an importing country may accept 
any documentation it chooses, including export certificates issued by 
other Federal and State agencies.
    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 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.
    This change in the regulations will 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 amended regulations, exporters will not be 
required to use this service. However, exporters who choose to obtain 
export certificates from APHIS will 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, which contains the most recent data available, 
approximately $3.5 billion worth of animal products of all types were 
exported from the United States during FY 94. During FY 1996, APHIS 
issued approximately 70,000 export certificates for animal products of 
all types.
    In our proposal of September 19, 1996, we invited comments on the 
impact of this rule. We specifically requested data indicating the 
number of entities that export animal products, how many entities might 
export edible animal products under our proposed rule, and how many of 
these entities might be small entities. Although we received no 
response to our request, we have no reason to believe that making 
export certificates available under this voluntary service would have a 
significant economic impact on small entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12998, 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 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 156

    Exports, Livestock, Poultry and poultry products, Reporting and 
recordkeeping requirements.

    Accordingly, 9 CFR part 156, is amended as follows:

PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE

    1. The authority citation for part 156 continues 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 heading of part 156 is revised as set forth above.
    3. Section 156.2 is amended as follows:
    a. Paragraph (g) is removed;
    b. All paragraph designations are removed;
    c. All definitions are placed in alphabetical order; and
    d. A definition of Animal product is 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'' is removed 
and the word ``products'' 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 is 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. * * *


[[Page 19041]]


    Done in Washington, DC, this 15th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-10099 Filed 4-17-97; 8:45 am]
BILLING CODE 3410-34-P