[Federal Register Volume 65, Number 17 (Wednesday, January 26, 2000)]
[Proposed Rules]
[Pages 4173-4176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1803]


 ========================================================================
 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. 65, No. 17 / Wednesday, January 26, 2000 / 
Proposed Rules  

[[Page 4173]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 98

[Docket No. 99-023-1]


Importation of Animal Semen

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend our regulations concerning the 
importation of animal semen. Under this proposal, we would eliminate 
importation requirements for all canine semen from anywhere in the 
world and for equine semen from Canada. We believe these changes are 
warranted because canine semen and equine semen from Canada pose no 
threat of introducing diseases to U.S. livestock. This action would 
reduce regulatory requirements for the importation of semen while 
continuing to protect the health of U.S. livestock.
    We also propose to require that other animal semen, except for 
equine semen from Canada, be imported only in shipping containers that 
bear the official government seal of the national veterinary service of 
the region of origin. This action would help prevent the importation of 
animal semen that does not meet the requirements of our regulations.

DATES:  We invite you to comment on this docket. We will consider all 
comments that we receive by March 27, 2000.

ADDRESSES:  Please send your comment and three copies to: Docket No. 
99-023-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 99-023-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT:  Dr. Roger Perkins, Senior Staff 
Veterinarian, National Center for Import and Export (NCIE), VS, APHIS, 
4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-8419.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 98 govern the importation of animal 
germ plasm to prevent the introduction of contagious diseases of 
livestock and poultry into the United States. Subparts A and B of part 
98 apply to animal embryos, and subpart C (referred to below as ``the 
regulations'') applies to animal semen.

Canine and Mule Semen

    Section 98.30 of the regulations defines terms used in subpart C. 
We propose to amend the definition of Animals in that section by 
removing dogs and mules from the definition. This change would 
eliminate importation requirements for canine semen.
    We propose this action because canine semen does not pose a threat 
of introducing diseases to livestock. Further, because mules are 
sterile hybrids, mule semen is not collected. Therefore, we believe 
that it is not necessary to continue to regulate these items.
    This change would reduce requirements for the importation of canine 
semen while continuing to protect the health of U.S. livestock.

Equine Semen From Canada

    Section 98.36 of the regulations sets forth the requirements for 
importing animal semen from Canada. We propose to amend this section by 
eliminating importation requirements for equine semen from Canada.
    We propose this action because Canada is free from contagious 
equine diseases that are transmitted by semen, including dourine and 
piroplasmosis. We realize that infectious equine anemia occasionally 
occurs in Canada, but that disease is not transmitted by semen.
    If we remove the importation requirements for equine semen from 
Canada, we would no longer be able to determine whether equine semen 
imported into the United States from Canada originated in Canada or was 
imported into Canada from another region. However, equine semen 
imported into Canada must meet import requirements equivalent to those 
in place for the importation of equine semen into the United States. 
Therefore, we have determined that information on the origin of the 
equine semen imported into the United States from Canada is not 
necessary.
    This change would reduce requirements for the importation of equine 
semen from Canada while continuing to protect the health of U.S. 
livestock.

Official Seals on Shipping Containers

    We also propose to require that animal semen, except for equine 
semen from Canada, be imported in shipping containers sealed by an 
official seal of the national veterinary service of the region of 
origin and that the seal number of each shipping container be written 
on the health certificate accompanying the shipment. We also propose to 
specify that the imported semen must remain in the sealed container 
until arrival in the United States and, at the U.S. port of entry, an 
inspector determines that either: (1) The seal numbers on the health 
certificate and shipping container match; or (2) the seal numbers on 
the health certificate and shipping container do not match, but an 
APHIS representative at the port of entry is satisfied that the 
shipping container contains the semen described on the health 
certificate, import permit, declaration, and any other accompanying 
documents. Office International des Epizooties already requires that 
shipping containers of animal semen be sealed by an official seal of 
the national veterinary service of the region of origin. Therefore, it 
is standard industry practice to seal

[[Page 4174]]

containers of animal semen for importation into the United States with 
official seals. As such, we do not believe this change would have a 
significant effect on exporters or importers.
    This action would help inspectors detect shipping containers of 
imported animal semen that may have been opened, and potentially had 
their contents removed, replaced, or tampered with, between the time 
the container was packed and the time it arrived in the United States. 
Therefore, this action would help prevent the importation of animal 
semen that does not meet the requirements of our regulations.

Plain Language

    On June 1, 1998, President Clinton issued a memorandum requiring 
agencies to write all documents in plain language. Specifically, for 
regulations, agencies must use plain language in all proposed rules 
published in the Federal Register after January 1, 1999. Agencies must 
also use plain language in all final rules published in the Federal 
Register after January 1, 1999, except when the proposed rule was 
published before January 1, 1999. For existing regulations, the 
memorandum encourages agencies to rewrite in plain language whenever 
possible.
    We try to make our regulations as clear as possible. With the plain 
language initiative, we will increase our efforts to use common terms, 
active verbs, personal pronouns, and short sentences. We will also use 
special formats, as well as other techniques, to make our regulations 
easier to understand.
    In this proposed rule, we propose to use tables rather than 
traditional paragraphs for Sec. 98.36. We would like your comments on 
whether the proposed table format for Sec. 98.36 would make 
requirements easier to follow. Please send your comments on this issue, 
and any other discussed in this proposed rule, to the address listed in 
ADDRESSES.

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 the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We propose to amend our regulations for importing animal semen. 
Under our proposal, we would eliminate importation requirements for 
canine and mule semen from anywhere in the world and for equine semen 
from Canada. This means that canine and mule semen from anywhere in the 
world, and equine semen from Canada, would no longer need an import 
permit, declaration, health certificate, or other document and would 
not have to meet any other requirements in our regulations when 
imported into the United States. We believe these changes are warranted 
because canine and mule semen from anywhere in the world, as well as 
equine semen from Canada, pose no threat of introducing diseases to 
U.S. livestock. This action would reduce requirements while continuing 
to protect the health of U.S. livestock.
    This action would benefit U.S. importers of canine semen from 
anywhere in the world and equine semen from Canada because it would 
ease the importation of these products. (This action would have no 
affect on the importation of mule semen because mule semen is not 
collected and, therefore, not imported.) As noted above, importers of 
canine semen from anywhere in the world and equine semen from Canada 
would no longer need to obtain an import permit, health certificate, or 
declaration before importing the semen into the United States. This 
would slightly reduce the time and money required for the importation 
of these products. The principal monetary savings to affected importers 
would be the $39.50 per load fee currently charged for a permit to 
import animal semen into the United States (see table of user fees in 9 
CFR part 130.8).
    APHIS would also benefit from this action because we would no 
longer have to use our resources to issue import permits or perform 
other duties required by the regulations for the importation of canine 
semen from anywhere in the world or equine semen from Canada.
    However, we believe that the benefits of this action would be small 
because of the apparently small volume of U.S. imports of canine semen 
from anywhere in the world and equine semen from Canada. Specific data 
on the volume of these imports is not available, which leads us to 
believe that the volume of those imports is relatively small. As a 
point of reference, the value of U.S. imports of bovine semen from all 
countries of the world in 1998 amounted to approximately $14 million. 
That means those imports comprised only 0.1 percent of the value of 
U.S. imports of all products of animal origin from all countries of the 
world in 1998. Because the volumes of U.S. imports of canine semen and 
equine semen were not reported as separate categories for 1998, we 
expect the value of those imports each amounted to less than $14 
million.
    We also propose to require that other animal semen from anywhere in 
the world, except for equine semen from Canada, be imported only in 
shipping containers that bear an official government seal. The seal 
number of each shipping container would have to appear on the health 
certificate that accompanies the shipment. This action would help 
prevent the importation of animal semen that does not meet the 
requirements of our regulations.
    Because it is standard industry practice to seal containers of 
animal semen for importation into the United States with official 
seals, we do not believe this change would have a significant impact on 
exporters, importers, or APHIS. For veterinarians in the country of 
export, writing the seal numbers of the shipping containers on the 
health certificate accompanying the shipment and, for APHIS, checking 
to see that the seal numbers match would require a small amount of 
time, but we do not believe that would have a significant impact on 
affected persons.
    The Regulatory Flexibility Act requires us to consider the economic 
impact of our rule changes on small entities. The businesses in the 
United States that would be affected by the proposed rule change are 
importers of canine semen from anywhere in the world and equine semen 
from Canada. The number of these businesses is not known, but there are 
probably few because of the apparently small volume of U.S. imports of 
canine and equine semen. Therefore, this action would likely not have 
an economic effect on a substantial number of U.S. businesses, large or 
small.
    The businesses that would be affected are likely small in size, at 
least by the standards of the Small Business Administration (SBA). This 
assumption is based on SBA's information for providers of services 
involving animal semen, or similar services, in the United States. In 
1993, there were 1,671 U.S. firms engaged in buying and/or marketing 
certain farm products, including animal semen. Of those 1,671 firms, 97 
percent had fewer than 100 employees, the SBA's small entity threshold 
for such firms. In addition, in 1993, there were 6,804 U.S. firms 
engaged in performing certain services for pets, equines, and other 
animal specialities, including artificial insemination and breeding 
services. The per firm sales average of those 6,804 firms was $115,290, 
a figure well below the SBA's small entity threshold for such firms of 
$5 million. However, as previously discussed, this proposed rule

[[Page 4175]]

is not expected to have a significant economic effect on affected 
businesses.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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.).

List of Subjects in 9 CFR Part 98

    Animal diseases, Imports.

    Accordingly, we propose to amend 9 CFR part 98 as follows:

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

    1. The authority citation for part 98 would continue to read as 
follows:

    Authority:  7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105, 
111, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.2(d).

    2. In Sec. 98.30, the definition of Animals would be revised to 
read as follows:


Sec. 98.30  Definitions.

* * * * *
    Animals. Cattle, sheep, goats, other ruminants, swine, horses, 
asses, zebras, and poultry.
* * * * *
    3. Section 98.35 would be amended as follows:
    a. By redesignating paragraphs (d)(7) and (d)(8) as paragraphs 
(d)(8) and (d)(9), and by adding a new paragraph (d)(7) to read as set 
forth below.
    b. By adding a new paragraph (f) to read as set forth below.


Sec. 98.35  Declaration, health certificate, and other documents for 
animal semen.

* * * * *
    (d) * * *
    (7) The seal number on the shipping container;
* * * * *
    (f) All shipping containers carrying animal semen for importation 
into the United States must be sealed with an official seal of the 
national veterinary service of the region of origin. The health 
certificate must show the seal number on the shipping container. The 
semen must remain in the sealed container until arrival in the United 
States and, at the U.S. port of entry, an inspector determines that 
either:
    (1) The seal numbers on the health certificate and shipping 
container match; or
    (2) The seal numbers on the health certificate and shipping 
container do not match, but an APHIS representative at the port of 
entry is satisfied that the shipping container contains the semen 
described on the health certificate, import permit, declaration, and 
any other accompanying documents.
    4. Immediately before Sec. 98.36, the heading ``Canada'' would be 
removed.
    5. Section 98.36 would be revised to read as follows:


Sec. 98.36  Animal semen from Canada.

    (a) General importation requirements for animal semen from Canada.

------------------------------------------------------------------------
        If the product is . . .                     Then . . .
------------------------------------------------------------------------
(1) Equine semen.......................  There are no importation
                                          requirements under this part.
(2) Sheep or goat semen................  The importer or his agent, in
                                          accordance with Secs.  98.34
                                          and 98.35 of this part, must
                                          present:
                                         (i) An import permit;
                                         (ii) Two copies of a
                                          declaration; and
                                         (iii) A health certificate.
(3) Animal semen other than equine,      See paragraph (b) of this
 sheep, or goat semen.                    section.
------------------------------------------------------------------------

    (b) Importation requirements for animal semen other than equine, 
sheep, or goat semen from Canada.

----------------------------------------------------------------------------------------------------------------
 If the product is offered for entry
              at a . . .                      And . . .                 Or . . .                Then . . .
----------------------------------------------------------------------------------------------------------------
(1) Canadian land border port listed   The donor animal was     The donor animal was     The importer or his
 in Sec.  98.33(b) of this part.        born in Canada or the    legally imported into    agent, in accordance
                                        United States and has    Canada, released to      with Sec.  98.35 of
                                        never been in a region   move freely in Canada,   this part, must
                                        other than Canada or     and has been released    present:
                                        the United States.       in Canada for no less   (i) Two copies of a
                                                                 than 60 days.            declaration; and
                                                                                         (ii) A health
                                                                                          certificate.
(2) Canadian land border port listed   The donor animal does                             The importer or his
 in Sec.  98.33(b) of this part.        not meet the special                              agent, in accordance
                                        conditions listed                                 with Secs.  98.34 and
                                        above in paragraph                                98.35 of this part,
                                        (b)(1) of this table.                             must present:
                                                                                         (i) An import permit;
                                                                                         (ii) Two copies of a
                                                                                          declaration; and
                                                                                         (iii) A health
                                                                                          certificate.
(3) Port not listed in Sec.  98.33(b)                                                    The importer or his
 of this part.                                                                            agent, in accordance
                                                                                          with Secs.  98.34 and
                                                                                          98.35 of this part,
                                                                                          must present:
                                                                                         (i) An import permit;
                                                                                         (ii) Two copies of a
                                                                                          declaration; and
                                                                                         (iii) A health
                                                                                          certificate.
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[[Page 4176]]

    Done in Washington, DC, this 20th day of January 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-1803 Filed 1-25-00; 8:45 am]
BILLING CODE 3410-34-P