[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18347-18348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7897]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules 
and Regulations  

[[Page 18347]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. APHIS-2009-0078]
RIN 0579-AD25


Removal of the List of Ports of Embarkation and Export Inspection 
Facilities From the Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the live animal export regulations by removing 
the list of designated ports of embarkation and their associated export 
inspection facilities. As a result of this rulemaking, those ports and 
facilities will be listed on the Internet rather than in the 
regulations, thus enabling us to amend the list, when necessary, in a 
timelier manner than we have been able to heretofore and allowing us 
greater flexibility in regulating animal exports.

DATES: Effective Date: May 4, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Courtney Bronner Williams, Senior 
Staff Veterinarian, Technical Trade Services, National Center for 
Import and Export, VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 
20737-1231; (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 91, ``Inspection and Handling of 
Livestock for Exportation'' (referred to below as the regulations), 
prescribe conditions for exporting animals from the United States. The 
regulations state, among other things, that all animals, except animals 
exported by land to Canada or Mexico, must be exported through 
designated ports of embarkation, unless the exporter can show that the 
animals would suffer undue hardship if they were required to be moved 
to a designated port of embarkation.
    On September 17, 2010, we published in the Federal Register (75 FR 
56914-56916, Docket No. APHIS-2009-0078) a proposal\1\ to amend the 
live animal export regulations by removing the list of designated ports 
of embarkation and their associated export inspection facilities 
contained in Sec.  91.14(a). We proposed to replace the list with text 
referring the reader to an Animal and Plant Health Inspection Service 
(APHIS) Veterinary Services area office for obtaining the list or the 
APHIS Web site for viewing it. Our proposal was intended to enable us 
to amend the list, when necessary, in a timelier manner than we 
previously had been able to and allow us greater flexibility in 
regulating animal exports. Because the designated ports of embarkation 
and associated export inspection facilities had been listed in the 
regulations, the list could only be amended to add or remove ports or 
export inspection facilities or to update contact information by means 
of rulemaking.
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    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0078.
---------------------------------------------------------------------------

    We also proposed to make some changes to the regulations in Sec.  
91.14(d) pertaining to approval and denial, revocation, or suspension 
of approval of export inspection facilities in order to clarify the 
regulations and ensure that standards are being maintained at ports and 
facilities covered under these regulations. Specifically, we proposed 
to add a requirement to Sec.  91.14(d) that designated ports of 
embarkation and export facilities be reevaluated annually for 
compliance with the regulations by means of an APHIS inspection. We 
also proposed to simplify Sec.  91.14(d) by eliminating references 
therein to suspension of approval, since the paragraph did not draw a 
clear distinction between suspension and revocation, and for 
enforcement purposes, the two were essentially the same. Finally, we 
proposed to add to Sec.  91.14(d) procedures for reinstatement 
following revocation of approval, since the existing regulations did 
not address the subject directly.
    We solicited comments concerning our proposal for 60 days ending 
November 16, 2010. We received one comment by that date, from a 
livestock exporter. The commenter supported the proposed rule.
    Though we are not making any changes to this final rule in response 
to the comment, we are making one editorial revision. In the September 
2010 proposed rule, Sec.  91.14(a) indicated that the determination 
that an export inspection facility met our requirements would be made 
by an APHIS veterinarian. To make paragraph (a) consistent with the 
rest of Sec.  91.14, we are amending that paragraph to indicate that 
such determinations will be made by the Administrator.
    Therefore, for the reasons given in the proposed rule, we are 
adopting the proposed rule as a final rule, with the change discussed 
in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    This final rule amends the live animal export regulations by 
removing the list of designated ports of embarkation and their 
associated export inspection facilities. As a result of this 
rulemaking, those ports and facilities will henceforth be listed on the 
Internet rather than in the regulations, allowing us to amend the list, 
when necessary, in a timelier manner than we were able to previously.
    Those entities most likely to be economically affected by the rule 
are exporters of live animals and domestic livestock producers. These 
entities either sell goods on their own account (import/export 
merchants) or arrange for the sale of goods owned by others (import/
export agents and brokers). Affected entities may include beef cattle 
ranching and farming operations, dairy cattle and milk production 
operations, hog and pig farming operations, sheep

[[Page 18348]]

and goat farming operations, and cattle feedlots.
    The Small Business Administration has established guidelines for 
determining which businesses are to be considered small. Based on the 
most recent data we have regarding annual receipts, it is likely that 
most of the entities that will be affected by this rule are small.
    However, this rulemaking only amends APHIS' administrative process 
for changing the list of designated embarkation ports and associated 
export inspection facilities. This action does not make any changes in 
the status of any designated embarkation port or associated export 
inspection facility, nor does it alter the technical criteria by which 
designated embarkation ports and associated export inspection 
facilities are added to or removed from this list. We expect that this 
final rule will have little effect on U.S. entities other than benefits 
they may derive from timelier changes to the list of designated ports 
of embarkation and associated export inspection facilities.
    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 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

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

    This final rule contains no 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 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, we are amending 9 CFR part 91 as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 
136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 
371.4.


0
2. Section 91.14 is amended by revising paragraphs (a), (b), and (d) to 
read as follows:


Sec.  91.14  Ports of embarkation and export inspection facilities.

    (a) All ports that have export inspection facilities which the 
Administrator has determined satisfy the requirements of paragraph (c) 
of this section are hereby designated as ports of embarkation. A list 
of designated ports of embarkation can be viewed on the Internet at 
http://www.aphis.usda.gov/regulations/vs/iregs/animals/ or obtained 
from a Veterinary Services area office. Information on area offices is 
available at http://www.aphis.usda.gov/animal_health/area_offices/. 
All animals, except animals being exported by land to Mexico or Canada, 
shall be exported through said ports or through ports designated in 
special cases under paragraph (b) of this section.
    (b) In special cases, other ports may be designated as ports of 
embarkation by the Administrator, with the concurrence of the 
Commissioner of the Bureau of Customs and Border Protection, when the 
exporter can show to the satisfaction of the Administrator that the 
animals to be exported would suffer undue hardship if they are required 
to be moved to a port listed as a designated port of embarkation in 
accordance with paragraph (a) of this section. Ports shall be 
designated in special cases as ports of embarkation only if the 
inspection facilities are approved as meeting the requirements of 
paragraph (c) of this section.
* * * * *
    (d) Approval and denial or revocation of approval. Approval of each 
export inspection facility for designation under paragraph (a) of this 
section, and in special cases under paragraph (b) of this section, 
shall be obtained from the Administrator. Approval of an export 
inspection facility under paragraph (a) or (b) of this section will be 
denied or revoked for failure to meet the standards in paragraph (c) of 
this section. Designated ports of embarkation and export facilities 
shall be reevaluated annually, by means of an APHIS site inspection, 
for continued compliance with the standards contained in paragraph (c) 
of this section. If the port or facility fails to pass the annual 
inspection, its designation will be revoked, and it will be removed 
from the list of designated ports and facilities. A written notice of 
any proposed denial or revocation shall be given to the operator of the 
facility, and he or she will be given an opportunity to present his or 
her views thereon. Such notice shall list in detail the deficiencies 
concerned. After remedying the deficiencies, an operator may request 
another inspection. Approval of a port of embarkation in connection 
with the designation of an export inspection facility in special cases 
shall be limited to the special case for which the designation was 
made.
* * * * *

0
3. In Sec.  91.15, paragraph (a) is revised to read as follows:


Sec.  91.15  Inspection of animals for export.

    (a) All animals offered for exportation to any foreign country, 
except by land to Mexico or Canada, shall be inspected within 24 hours 
of embarkation by an APHIS veterinarian at an export inspection 
facility at a port listed as a designated port of embarkation in 
accordance with Sec.  91.14(a), or at a port or inspection facility 
designated by the Administrator in a special case under Sec.  91.14(b).
* * * * *

    Done in Washington, DC, this 29th day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-7897 Filed 4-1-11; 8:45 am]
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