[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Proposed Rules]
[Pages 44234-44239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12639]


 ========================================================================
 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. 71, No. 150 / Friday, August 4, 2006 / 
Proposed Rules  

[[Page 44234]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 95

[Docket No. APHIS-2006-0113]


Importation of Swine Hides and Skins, Bird Trophies, and Ruminant 
Hides and Skins

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation of animal byproducts to require that untanned swine hides 
and skins from regions with African swine fever and bird trophies from 
regions with exotic Newcastle disease go directly to an approved 
establishment upon importation into the United States. We would also 
set out certain requirements for the importation of untanned bovine, 
deer, and other ruminant hides and skins into the United States from 
Mexico to prevent the spread of bovine babesiosis. These proposed 
requirements would provide for the importation of these articles under 
conditions intended to prevent the introduction of African swine fever, 
bovine babesiosis, and exotic Newcastle disease.

DATES: We will consider all comments that we receive on or before 
October 3, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0113 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0113, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0113.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Tracye Butler, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-3277.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 93, 94, 95, and 96 (referred to 
below as the regulations) govern the importation of certain animals, 
birds, poultry, meat, other animal products and byproducts, hay, and 
straw into the United States in order to prevent the introduction of 
various animal diseases, including rinderpest, foot-and-mouth disease 
(FMD), African swine fever (ASF), and exotic Newcastle disease (END). 
The regulations in Sec.  95.5 cover the requirements for the 
unrestricted entry of untanned hides and skins. Section 95.6 sets out 
restrictions for those hides or skins that do not meet the requirements 
for unrestricted entry in Sec.  95.5.
    The regulations in Sec.  95.5, in their present form, do not 
address the importation into the United States of swine hides and skins 
from regions with ASF or bird trophies from regions with END. We have 
allowed the entry of these articles, however, if, among other 
requirements, the articles are sent directly to an establishment 
approved by the Animal and Plant Health Inspection Service (APHIS) for 
the receipt and handling of restricted imported animal byproducts. 
These precautions are needed to protect the U.S. swine and bird 
populations from incursions of these diseases. Both ASF and END are 
contagious and fatal viral diseases. Outbreaks of the latter in 
California, Arizona, Nevada, and Texas in 2002 and 2003 resulted in 
serious economic consequences for the poultry industry in those States. 
An outbreak of ASF could have similar effects on the U.S. swine 
industry.
    We have also allowed entry into the United States of deer and other 
ruminant hides and skins from Mexico under certain conditions, even 
though those conditions are not set out explicitly in the current 
regulations. Such hides and skins have been deemed eligible for 
importation into the United States from Mexico if they have been 
subjected to a hard drying, pickling, or lime treatment; have been 
frozen solid for 24 hours and accompanied by a written statement from 
the owner attesting to that fact; or are free from ticks and 
accompanied by a certificate issued by a full-time salaried veterinary 
officer of the Government of Mexico stating that the hides or skins 
have been treated with an acaricide. Bovine hides and skins from Mexico 
have been deemed eligible for importation under the same conditions as 
other Mexican ruminant hides and skins if the cattle from which the 
hides or skins were derived were subjected to a tickicidal dip at the 
Mexican slaughter facility where they were prepared. We have viewed 
these precautions as necessary because ruminant hides and skins from 
Mexico could be infested with ticks, which, if brought into the United 
States without the above listed treatments, could transmit bovine 
babesiosis (also known as splenetic or tick fever) to cattle in the 
United States.
    In order to make these conditions of entry more transparent and 
ensure uniform enforcement and maximum protection for the U.S. swine, 
bird, and ruminant populations, we are proposing to amend the 
regulations in Sec.  95.5 to

[[Page 44235]]

provide specific conditions under which untanned swine hides and skins 
from regions with ASF, bird trophies from regions with END, and deer 
and other ruminant hides and skins from Mexico could be imported into 
the United States.
    For greater clarity, we are also proposing to reorder the 
provisions of Sec.  95.5. We would retain the provisions for imported 
hides and skins contained in current paragraphs (a) through (e), albeit 
with some modifications (which are discussed below), but would 
redesignate these provisions as paragraphs (a)(1) through (a)(5). New 
provisions pertaining to deer and other ruminant hides and skins from 
Mexico would be contained in new proposed paragraph (b). Proposed 
paragraph (c) would provide for the importation of bird trophies from 
END-free regions. We would also add references to bird trophies in the 
section heading and the introductory text, since bird trophies would be 
covered under these regulations for the first time.
    Currently, the introductory text of Sec.  95.5 indicates that 
untanned hides and skins of cattle, buffalo, sheep, goats, other 
ruminants, and swine that do not meet the requirements for unrestricted 
entry specified in paragraphs (a) through (e) of that section can only 
be imported if subjected to the handling prescribed in Sec.  95.6 after 
arrival at the port of entry. Unfortunately, while the hard drying, 
pickling, and lime treatment processes specified in current paragraphs 
(b), (d), and (e), respectively, of Sec.  95.5 will provide adequate 
protection against the transmission of FMD and rinderpest if carried 
out according to the regulations, these treatments may not kill the 
virus that causes ASF. We are proposing to amend the introductory text 
of Sec.  95.5, along with the current provisions pertaining to hides 
and skins, to address the importation of swine hides and skins that 
could introduce ASF into the U.S. swine population and bird trophies 
that could introduce END into the avian population. Our proposed 
introductory text would state that untanned hides and skins and bird 
trophies may be imported into the United States without restriction if 
they meet the requirements of Sec.  95.5 and that any untanned hides or 
skins or bird trophies that do not meet these requirements, including, 
but not limited to, swine hides and skins imported from regions with 
ASF and bird trophies from regions with END, must be handled at an 
approved establishment as set forth in Sec.  95.6.
    Current paragraph (a) of Sec.  95.5, which would become paragraph 
(a)(1) under this proposed rule, states that hides or skins originating 
in and shipped directly from a region not declared by the Secretary of 
Agriculture to be infected with FMD or rinderpest may be imported 
without further restriction. We would amend that paragraph to provide 
that for untanned swine hides and skins to be imported into the United 
States without further restriction, they would have to come from 
regions that are not only free of rinderpest and FMD, but of ASF as 
well. With respect to ruminant hides and skins, an exception would be 
noted for deer or other ruminant hides or skins imported from Mexico. 
Such articles would be subject to the additional requirements of 
proposed paragraph (b) because they may contain ticks that could 
transmit bovine babesiosis to the U.S. cattle population.
    Current paragraph (b) of Sec.  95.5, which would become paragraph 
(a)(2) under this proposed rule, states that hides or skins may be 
imported without other restriction if found upon inspection by an 
inspector, or by certificate of the shipper or importer satisfactory to 
said inspector, to be hard dried hides or skins. We would amend this 
paragraph so that it would apply only to untanned ruminant hides or 
skins because, as noted earlier, hard drying may not kill the ASF 
virus.
    Current paragraph (c) of Sec.  95.5, which would become paragraph 
(a)(3) under this proposed rule, allows the importation, under certain 
conditions, of abattoir hides or skins taken from animals that are 
slaughtered under national government inspection in a region and in an 
abattoir which maintains an inspection service approved by APHIS. We 
are proposing that only those abattoirs that are certified as meeting 
U.S. Department of Agriculture (USDA) equivalency requirement under 9 
CFR part 327 would satisfy the requirements of this rule.\1\ The 
animals from which the hides or skins are taken must have been found 
free at the time of slaughter from anthrax, FMD, and rinderpest. We are 
proposing two substantive changes to this paragraph. Due to our 
concerns about ASF, our proposed paragraph would apply only to ruminant 
hides or skins. Also, because the provisions in current paragraph (c) 
do not address the risks posed by the importation of deer or other 
ruminant hides or skins from Mexico, which could be infested with ticks 
carrying bovine babesiosis, we would add an exception for those 
articles. Finally, we are proposing some minor editorial changes to the 
paragraph to eliminate any possible ambiguity.
---------------------------------------------------------------------------

    \1\ The USDA's Food Safety Inspection Service (FSIS) maintains 
an Internet site that lists certified foreign establishments under 
the equivalency requirements. These establishments are listed by 
establishment number and country. Web site: http://www.fsis.usda.gov/regulations/index-of-certified-countries/index.asp.
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    Current paragraph (d) of Sec.  95.5, which would become paragraph 
(a)(4) under this proposed rule, states that hides or skins may be 
imported without other restriction if shown upon inspection by an 
inspector, or by certificate of the shipper or importer satisfactory to 
said inspector, to have been pickled in a solution of salt containing 
mineral acid and packed in barrels, casks, or tight cases while still 
wet with such solution. We are proposing to amend this paragraph so 
that it would apply only to ruminant hides or skins because, as noted 
earlier, pickling may not kill the ASF virus. In order to ensure the 
elimination of the rinderpest and FMD viruses, the amended paragraph 
would also state that the pickling solution must be determined by an 
inspector to have a pH of less than or equal to 5. A pH of 5 or less 
has been determined to inactivate viruses of concern, such as those 
that cause FMD and rinderpest, on ruminant hides. It is currently the 
requirement that APHIS inspectors use as provided in the Plant 
Protection and Quarantine Animal Product Manual (APM).\2\
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    \2\ The APM provides guidance to the port inspectors regarding 
importation-related issues. The section on hides can be found in 
Table 3-7-9, ``Regulatory Action on Untanned Hides, Skins or Capes 
of Ruminant and of Swine from Regions of Origin Known to be Affected 
with FMD, and Are Pickled in a Salt solution Containing Mineral 
Acid.'' the APM is available on the Internet at http://www.aphis.usda.gov/ppq/manuals/port/APM Chapters.htm.
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    Current paragraph (e) of Sec.  95.5, which would become paragraph 
(a)(5) under this proposed rule, allows the importation of hides or 
skins if they have been treated with lime, become dehaired, and have 
reached the stage of preparation for immediate manufacture into 
products ordinarily made from rawhide. Because lime treatment, like 
hard drying and pickling, may not kill the ASF virus, we would amend 
the paragraph so that it would apply only to untanned ruminant hides or 
skins.
    Under proposed paragraph (b) of Sec.  95.5, we would allow the 
importation of deer or other ruminant hides and skins from Mexico into 
the United States if they were subjected to any one of several possible 
treatment options, all of which we view as effective in eliminating 
ticks that could spread bovine babesiosis. Specifically, untanned deer 
or other ruminant hides and skins could be imported from Mexico without 
further restriction if they are: (1) Subjected to the same hard drying, 
pickling, or lime treatment

[[Page 44236]]

prescribed for ruminant hides or skins in proposed paragraphs (a)(2) 
through (a)(4); (2) frozen solid for 24 hours and accompanied by a 
written statement from the owner attesting to that fact; (3) free from 
ticks and accompanied by a certificate issued by a full-time salaried 
veterinary officer of the Government of Mexico stating that they have 
been treated with an acaricide; or (4) abattoir bovine hides taken from 
cattle that were subjected to a tickicidal dip at a Mexican export 
facility 7 to 12 days prior to slaughter. The 7-to-12-day range 
parallels the tickicide dip requirement in Sec.  93.427(b)(2)(ii) for 
live Mexican cattle offered for importation into the United States. 
Dipping ruminants within 7 to 12 days of slaughter reflects the 
residual effect of the tickicide and the life cycle of the female tick. 
The residual effect of the tickicide lasts about 2 weeks, meaning that 
any tick to come into contact with the hide within 2 weeks of 
application would die. Whereas the life cycle of a female tick takes 
about 2 weeks, since it must come into contact with the hide, be 
impregnated, engorge on the hide, and lay eggs, if a female tick were 
to come into contact with the hide within 2 weeks of slaughter and for 
some reason not die from the tickicide, the life cycle would be 
interrupted once the ruminant is slaughtered. Therefore, we believe 
that requiring the dip within 7 to 12 days of slaughter would ensure 
that the tickicide would still be effective at the time of slaughter 
and that hides taken from such bovines would be free of ticks.
    Under proposed paragraph (c) of Sec.  95.5, bird trophies from END-
free regions could be imported without further restriction if they were 
accompanied by a certificate of origin issued by the national 
government of the region of export. This certification requirement 
would help to ensure that any bird trophy imported into the United 
States will have originated in and been exported from an END-free 
region.
    Taken together, these actions would help to make conditions of 
entry for ruminant and swine hides and skins and bird trophies more 
transparent and would protect the U.S. livestock and bird populations 
from incursions of ASF, bovine babesiosis, and END.

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.
    This proposed rule would amend the regulations in Sec.  95.5 
governing the requirements for importation of untanned hides and skins. 
We are proposing to require that untanned swine hides and skins from 
regions with ASF and bird trophies from regions with END go directly to 
an approved establishment upon importation into the United States and 
be subject to the requirements under Sec.  95.6 of the regulations. We 
are also proposing to require that deer and other ruminant hides and 
skins imported into the United States from Mexico be subjected to one 
of several possible treatments that we view as effective in killing 
ticks that could transmit bovine babesiosis.
    We anticipate that the proposed rule will produce economic benefits 
by preventing incursions of ASF, END, and bovine babesiosis, which 
could negatively affect the ability of the U.S. swine, poultry, and 
ruminant industries to export their products to international markets. 
The economic effects of END have been demonstrated by the recent 2002 
and 2003 outbreak of the disease in the western United States. END was 
diagnosed in both backyard poultry flocks and in commercial poultry in 
California, Nevada, Arizona, and Texas. Over the course of the 
outbreak, more than 18,000 premises were quarantined, and more than 3 
million birds were depopulated. The eradication efforts cost taxpayers 
in excess of $180 million. In addition, over 30 international 
governments placed varying levels of import restrictions on poultry and 
poultry products from the United States as a result of this outbreak. 
These restrictions consisted primarily of bans on poultry and poultry 
products from the affected areas of the United States, resulting in 
approximately $121 million of direct total value of exports affected by 
these restrictions. Incursions of ASF and bovine babesiosis could cause 
similar serious economic damage to the U.S. swine and cattle 
industries. These three livestock industries were valued at more than 
$72 billion in 2000. Specifically, the U.S. cattle industry was valued 
at $67.1 billion, the swine industry at $4.3 billion, and the poultry 
industry at $1.2 billion (Agricultural Statistics, 2001).
    U.S. imports of untanned swine hides and skins from ASF-affected 
regions are relatively meager (see table 1 below). The average value of 
such imports in 2000 and 2001, all of which came from sub-Saharan 
Africa, was $4,500, while the average value of all U.S. imports of 
untanned swine hides and skins during the same period was $980,500. 
There were no U.S. imports of untanned swine hides and skins from ASF-
affected regions in 2002 and 2003. We can conclude, then, that the 
amount of untanned swine hides and skins coming from ASF-affected 
countries into the United States is insignificant and that the proposed 
requirement that these hides and skins be consigned to an approved 
establishment is not likely to have a significant economic effect on 
U.S. importers of such hides and skins.

                       Table 1.--Value of U.S. Imports of Untanned Swine Hides and Skins 1
----------------------------------------------------------------------------------------------------------------
                     Region                            2000            2001            2002            2003
----------------------------------------------------------------------------------------------------------------
Sub-Saharan Africa..............................          $3,000          $6,000               0               0
World...........................................       1,292,000         669,000      $1,401,000       $868,000
----------------------------------------------------------------------------------------------------------------
\1\ Fresh or salted untanned swine-hides--(HS 4103900060). Import HS-10 Digit-lUSITC Commodities in Detail.
 Source: FAS, U.S. Trade Internet System, Imports, FATUS. Web site: http://www.fas.usda.gov/ustrade.

    U.S. imports of untanned deer hides and skins from Mexico have also 
been limited. As shown in table 2, the value of U.S. imports of 
untanned deer hides and skins from Mexico in 2001 was $2,000, 
accounting for approximately 0.33 percent of the U.S. total for that 
year. There were no untanned deer hides and skins imported from Mexico 
in 2000, 2002, and 2003. The average value of total U.S. imports of 
untanned deer hides and skins in 2000 and 2001 was $700,000, and none 
were imported in 2002 or 2003. Since Mexico's share of this market has 
been so small, we can conclude that this proposed rule is not likely to 
have a significant economic effect on U.S. importers of untanned deer 
hides and skins.

[[Page 44237]]



                       Table 2.--Value of U.S. Imports of Untanned Deer-Hides and Skins 1
----------------------------------------------------------------------------------------------------------------
                     Region                            2000            2001            2002            2003
----------------------------------------------------------------------------------------------------------------
Mexico..........................................               0          $2,000               0               0
World...........................................        $805,000         604,000               0              0
----------------------------------------------------------------------------------------------------------------
\1\ Fresh or dried or salted, but not tanned deer-skins--(HS 4103900030). Import HS-10 Digit-USITC Commodities
  in Detail.
 Source: FAS, U.S. Trade Internet System, Imports, FATUS. Web site: http://www.fas.usda.gov/ustrade.

    Other ruminant hides and skins that are currently being imported 
into the United States from Mexico and that would be subject to 
provisions of this proposed rule include those of bovines, sheep or 
lambs, and chamoises. The latest available data on the value of U.S. 
imports from Mexico of such hides and skins and the percentages of 
Mexico's market share for the years 1997 through 2001 are presented in 
tables 3 through 6.

                                          Table 3.--Value of U.S. Imports of Untanned Bovine Hides, Whole, Raw
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                5-year
                  Region                         1997            1998            1999            2000            2001           average
------------------------------------------------------------------------------------------------------------------------------------------
Mexico....................................         $10,000               0          $1,000               0        $177,000           3.12%
                                                    (0.5%)                          (0.1%)                           (15%)
World.....................................       1,964,000        $667,000         962,000      $1,135,000       1,217,000  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Source: United Nations (http://untrade.fas.usda.gov/untrade).


                                              Table 4.--Value of U.S. Imports of NES1 Untanned Bovine Skins
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              5-year
                         Region                                1997            1998            1999            2000            2001           average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico..................................................        $142,000        $704,000        $372,000         $63,000         $59,000            2.3%
                                                                  (0.8%)            (5%)            (4%)          (0.8%)          (0.9%)
World...................................................      17,733,000      14,974,000      10,123,000       8,319,000       6,768,000  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not elsewhere specified.
Source: United Nations (http://untrade.fas.usda.gov/untrade).


                                        Table 5.--Value of U.S. Imports of Sheep or Lamb Skins, Raw, With Wool On
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              5-year
                         Region                                1997            1998            1999            2000            2001           average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico..................................................        $486,000         $59,000               0         $13,000               0            6.4%
                                                                   (23%)          (3.2%)                          (5.8%)
World...................................................       2,116,000       1,828,000        $256,000         226,000        $764,000  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: United Nations (http://untrade.fas.usda.gov/untrade).


                                                Table 6.--Value of U.S. Imports of Untanned Chamois Hides
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              5-year
                         Region                                1997            1998            1999            2000            2001           average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico..................................................      $3,753,000      $4,358,000      $4,907,000      $5,588,000      $6,156,000           35.2%
                                                                   (27%)           (29%)           (34%)           (38%)           (48%)
World...................................................      13,711,000      15,150,000      14,483,000      14,849,000      12,969,000  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Source: United Nations (http://untrade.fas.usda.gov/untrade).

    As the tables illustrate, with the exception of chamois hides 
(table 6), imports from Mexico account for a relatively small 
proportion of the total U.S. imports of these commodities. Over the 5-
year period, an average of 3.12 percent of the untanned whole bovine 
hides, 2.3 percent of the NES untanned bovine skins, and 6.4 percent of 
the untanned sheep and lamb skins that were imported into the United 
States came from Mexico. Mexican chamois hides, however, did account 
for a significantly larger proportion of total imports, averaging 35.2 
percent. Still, given the relatively small amounts of most of these 
commodities that Mexico provides and the fact that the procedures 
specified in this proposed rule are already being required for entry of 
ruminant hides and skins into the United States in most cases, it 
appears unlikely that the proposed rule would have a significant effect 
on any U.S. importers of untanned ruminant hides or skins from Mexico.
    The United States Fish and Wildlife Service grants permits to 
individuals for the importation of bird trophies but does not require a 
separate permit for each trophy, whether imported as a finished product 
or as skin, bones, and feathers, and does not collect data on the 
number of mounts prepared by each permit holder. Therefore, reliable 
data on imported bird trophies from END-free regions are not available.

[[Page 44238]]

Economic Impact on Small Entities

    Agencies are required to analyze the impacts of their regulations 
on small businesses and to use flexibility to provide regulatory relief 
when regulations create economic disparities between different-sized 
entities. Among the small entities that could be affected by this 
proposed rule are importers of hides and skins. According to the 2002 
Economic Census, in that year there were 260 establishments in the 
United States which primarily engaged in the wholesale distribution of 
untanned hides and skins. No data were available on how many of these 
entities were importers. According to the criteria used by the Small 
Business Administration (SBA), an entity in this category (North 
American Industrial Classification System [NAICS] 4225159) is 
considered small if it employs fewer than 100 persons. In 2002, these 
260 entities employed a total of 1,983 paid employees, an average of 
approximately 7 per entity. It is likely, therefore, that the 
overwhelming majority of these establishments were small. As we have 
already noted, imports of the commodities potentially affected by this 
proposed rule are relatively low, and we do not expect this rulemaking 
to have a significant economic impact on any U.S. entities, large or 
small. Moreover, any possible negative effects of this proposed rule on 
U.S. importers of untanned ruminant or swine hides and skins, deer or 
other ruminant hides and skins from Mexico, and bird trophies would be 
far outweighed by the benefits to other small entities by preventing 
outbreaks of ASF, END, and bovine babesiosis. Over 99 percent of U.S. 
cattle producers and more than 88 percent of U.S. swine producers have 
annual receipts of $750,000 or less, which is the criterion by which 
such firms are designated as small entities by the SBA. The majority of 
meat packing plants (NAICS 311612 and NAICS 311613), which could be 
affected by an ASF or bovine babesiosis outbreak, and poultry 
processors (NAICS 311615), which could be affected by an END outbreak, 
are also small entities, the SBA threshold for these entities being 100 
or fewer employees. The latest available data show that in 1997, more 
than 96 percent of meat packing firms were small. These small firms 
accounted for approximately 40 percent of the total value of the 
industry's shipments. All of these small entities would benefit from 
the proposed rule by being protected from potential outbreaks of ASF, 
END, and bovine babesiosis.
    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

    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. APHIS-
2006-0113. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0113, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 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.
    Some of the import requirements contained in this proposed rule 
would necessitate the use of additional certification statements in 
connection with the importation, from certain regions, of commodities 
such as untanned hides and bird trophies. In addition to meeting all 
other applicable APHIS provisions, certain untanned deer or other 
ruminant hides from Mexico would be allowed to enter the United States 
only if accompanied by a certificate, issued by a full-time salaried 
veterinary officer of the Government of Mexico, stating that the hides 
were treated with an acaricide to kill ticks that could carry and 
spread bovine babesiosis; or if accompanied by a written statement from 
the owner attesting to the fact that the hides were frozen solid for 24 
hours. In addition to meeting all other applicable APHIS provisions, 
bird trophies from regions that are free of END would be eligible to 
enter the United States only if accompanied by a certificate of origin 
issued by the national government of the region of export.
    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 0.2 hours per response.
    Respondents: Federal animal health authorities in certain regions 
and foreign exporters of certain animal byproducts.
    Estimated annual number of respondents: 50.
    Estimated annual number of responses per respondent: 4.
    Estimated annual number of responses: 200.
    Estimated total annual burden on respondents: 40 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.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

[[Page 44239]]

List of Subjects in 9 CFR Part 95

    Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping 
requirements, Straw, Transportation.

    Accordingly, we propose to amend 9 CFR part 95 as follows:

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

    1. The authority citation for part 95 would continue to read as 
follows:

    Authority: 7 U.S.C. 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 95.5 would be revised to read as follows:


Sec.  95.5  Untanned hides and skins and bird trophies; requirements 
for unrestricted entry.

    Untanned hides and skins and bird trophies may be imported into the 
United States without restriction if they meet the requirements of this 
section. Any untanned hides or skins or bird trophies that do not meet 
the requirements of this section, including, but not limited to, swine 
hides imported from regions where African swine fever exists and bird 
trophies imported from regions where exotic Newcastle disease exists, 
must be handled at an approved establishment as set forth in Sec.  
95.6.
    (a) Untanned hides and skins. (1) Except for ruminant hides or 
skins from Mexico, any untanned hides or skins of ruminants from 
regions free of foot-and-mouth disease and rinderpest and any untanned 
hides or skins of swine from regions free of foot-and-mouth disease, 
rinderpest, and African swine fever may be imported without further 
restriction.
    (2) Untanned ruminant hides or skins may be imported from any 
region without other restriction if an inspector determines, based on 
inspection and upon examination of a shipper or importer certificate, 
that they are hard dried hides or skins.
    (3) Except for ruminant hides or skins from Mexico, untanned 
abattoir hides or skins of ruminants may be imported from any region 
without other restriction if the following requirements are met:
    (i) The ruminants from which the hides or skins were taken have 
been slaughtered under national government inspection in a region \1\ 
and in an abattoir in which is maintained an inspection service that 
meets the requirements and has been approved pursuant to part 327 of 
this title; and
---------------------------------------------------------------------------

    \1\ Names of these regions will be furnished upon request to the 
Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import and Export, 4700 River Road Unit 38, 
Riverdale, Maryland 20737-1231.
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    (ii) The hides or skins are accompanied by a certificate bearing 
the seal of the proper department of that national government and 
signed by an official veterinary inspector of the region in which the 
ruminants were slaughtered. The certificate must state that the hides 
or skins were taken from ruminants slaughtered in an abattoir that 
meets the requirements of paragraph (a)(3)(i) of this section and that 
the hides or skins are free from anthrax, foot-and-mouth disease, and 
rinderpest.
    (4) Untanned ruminant hides or skins from any region may be 
imported without other restriction if an inspector determines, based on 
inspection and upon examination of a shipper or importer certificate, 
that they have been pickled in a solution of salt containing mineral 
acid and packed in barrels, casks, or tight cases while still wet with 
such solution. The solution must be determined by the inspector to have 
a pH of less than or equal to 5.
    (5) Untanned ruminant hides or skins from any region may be 
imported without other restriction if an inspector determines, based on 
inspection and upon examination of a shipper or importer certificate, 
that they have been treated with lime in such manner and for such 
period as to have obviously been processed, to have become dehaired, 
and to have reached the stage of preparation for immediate manufacture 
into products ordinarily made from rawhide.
    (b) Ruminant hides and skins from Mexico. Ruminant hides and skins 
from Mexico may enter the United States without other restriction if:
    (1) They have been subjected to any one of the treatments specified 
in paragraphs (a)(2), (a)(3), or (a)(4) of this section; or
    (2) They have been frozen solid for 24 hours and are accompanied by 
a written statement from the owner attesting to that fact; or
    (3) They are free from ticks and are accompanied by a certificate 
issued by a full-time salaried veterinary officer of the Government of 
Mexico stating that they have been treated with an acaricide; or
    (4) They are bovine hides taken from cattle that were subjected to 
a tickicidal dip at a Mexican export facility 7 to 12 days prior to 
slaughter.
    (c) Bird trophies. Bird trophies from regions designated in Sec.  
94.6 of this subchapter as free of exotic Newcastle disease may be 
imported without further restriction if accompanied by a certificate of 
origin issued by the national government of the region of export.

(Approved by the Office of Management and Budget under control 
number 0579-0015)

    Done in Washington, DC, this 31st day of July 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-12639 Filed 8-3-06; 8:45 am]
BILLING CODE 3410-34-P