[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Rules and Regulations]
[Pages 50053-50054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21305]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 01-036-2]


Requirements for Recognizing the Animal Health Status of Foreign 
Regions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations that set out our procedures 
for recognizing the animal health status of regions. Specifically, we 
are requiring regions that have been granted status

[[Page 50054]]

under the regulations to provide information, or allow us to access 
information, to confirm the regions' animal health status when we 
request it. This action is necessary to help prevent the introduction 
of foreign animal diseases into the United States.

EFFECTIVE DATE: September 19, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Director, Sanitary 
Trade Issues Team, 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.
    On March 6, 2003, we published a proposed rule in the Federal 
Register (68 FR 10667-10668, Docket No. 01-036-1) in which we proposed 
to amend the regulations 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 solicited comments concerning our proposal for 60 days ending 
May 5, 2003. We received four comments by that date. They were from 
representatives of domestic livestock producers and a State animal 
health agency. All of the commenters supported the proposed rule. 
Therefore, for the reasons given in the proposed rule, we are adopting 
the proposed rule as a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 amending the regulations that set out our procedures for 
recognizing the animal health status of regions. Specifically, we are 
requiring 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 to do so. This action 
is necessary to help prevent the introduction of foreign animal 
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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0219.

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 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.


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Accordingly, we are amending 9 CFR part 92 as follows:

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

0
1. The authority citation for part 92 continues 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.

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2. Sec.  92.2 is amended by redesignating paragraph (a)(1) as paragraph 
(a) and adding a new paragraph (g) and an OMB citation at the end of 
the section 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.

(Approved by the Office of Management and Budget under control 
number 0579-0219)

    Done in Washington, DC this 15th day of August 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-21305 Filed 8-19-03; 8:45 am]
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