[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Proposed Rules]
[Pages 10667-10668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5280]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 01-036-1]


Requirements for Recognizing the Animal Health Status of Foreign 
Regions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations that set out our 
procedures for recognizing the animal health status of regions. 
Specifically, we propose to require regions that have been granted 
status under the regulations to provide information, or allow us to 
access information, to confirm the regions' animal health status when 
we request it. We believe this action is necessary to help prevent the 
introduction of foreign animal health diseases into the United States.

DATES: We will consider all comments that we receive on or before May 
5, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-036-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-036-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-036-1'' on the subject line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92, ``Importation of Animals and 
Animal Products: Procedures for Requesting Recognition of Regions'' 
(referred to below as the regulations), set out the process by which a 
foreign government may request recognition of the animal health status 
of a region or approval to export animals or animal products to the 
United States based on the risk associated with animals or animal 
products from that region. As provided in Sec.  92.2, each request must 
include information about the region, including information on the 
authority, organization, and infrastructure of the veterinary services 
organization of the region; the extent to which movement of animals and 
animal products is controlled from regions of higher risk, and the 
level of biosecurity for such movements; livestock demographics and 
marketing practices in the region; diagnostic laboratory capabilities 
in the region; and the region's policies and infrastructure for animal 
disease control, i.e., the region's emergency response capacity.
    Recognition by the Animal and Plant Health Inspection Service 
(APHIS) of a region's animal health status makes exports of animals and 
animal products from that region subject to a certain set of import 
conditions, depending on that region's animal health status. These 
conditions are intended to ensure that animals and animal products 
imported from the region will not introduce animal diseases into the 
United States. However, once a region has been granted a particular 
animal health status for a specified disease, the regulations provide 
no mechanism for APHIS to verify that the assigned import conditions 
remain appropriate and effective over time. We believe that such 
verification is sometimes necessary and appropriate to ensure continued 
protection from the introduction of foreign animal diseases into the 
United States.
    Therefore, we are proposing to add a paragraph to Sec.  92.2 that 
would require, at the discretion of the Administrator, that regions 
submit, or allow the collection of, information we believe is necessary 
to ensure that the animal health status of the region has been 
maintained. For example, we may determine that a site visit is 
necessary to verify information provided by the region, or we may 
require information to confirm that the import requirements of the 
region have not changed. Similarly, if a region with recognized animal 
health status borders a region that reports an outbreak of an animal 
health disease, we may require information regarding security along 
that border. These listed examples are simply that--examples of 
information we may require. Specific information collection activities, 
if determined necessary, will vary based on the information required to 
adequately assess a region's animal health status.

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 are proposing to amend the regulations that set out our 
procedures for recognizing the animal health status of regions. 
Specifically, we propose to require regions that have been granted 
status under the regulations to provide information, or allow us to 
access information, to confirm and/or assess the regions's animal 
health status when we request to do so. We believe this action is 
necessary to help prevent the introduction of foreign animal health 
diseases into the United States. We do not expect that this action will 
result in any economic effects, positive or negative.
    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

[[Page 10668]]

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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 01-036-1. 
Please send a copy of your comments to: (1) Docket No. 01-036-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 40 hours per response.
    Respondents: Veterinary authorities in regions that have been 
granted a particular animal health status for a specified animal 
disease.
    Estimated annual number of respondents: 3.
    Estimated annual number of responses per respondent: 1.
    Estimated annual number of responses: 3.
    Estimated total annual burden on respondents: 120 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 9 CFR part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Region, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR part 92 as follows:

PART 92--IMPORTATION ANIMALS AND ANIMAL PRODUCTS; PROCEDURES FOR 
REQUESTING RECOGNITION OF REGIONS

    1. The authority citation for part 92 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

    2. Section 92.2 would be amended by redesignating paragraph (a)(1) 
as paragraph (a) and adding a new paragraph (g) to read as follows:


Sec.  92.2  Application for recognition of the animal health status of 
a region.

* * * * *
    (g) If a region is granted animal health status under the 
provisions of this section, that region may be required to submit 
additional information pertaining to animal health status or allow 
APHIS to conduct additional information collection activities in order 
for that region to maintain its animal health status.

    Done in Washington, DC, this 28th day of February 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-5280 Filed 3-5-03; 8:45 am]
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