[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 29991-29992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12758]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules 
and Regulations  

[[Page 29991]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. APHIS-2009-0067]
RIN 0579-AD18


Live Goats and Swine for Export; Removal of Certain Testing 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the livestock exportation regulations to 
eliminate the requirement for pre-export tuberculosis and brucellosis 
testing of goats and breeding swine intended for export to countries 
that do not require such tests. This action will facilitate the 
exportation of goats and breeding swine by eliminating the need to 
conduct pre-export tuberculosis and brucellosis testing when the 
receiving country does not require such testing.

DATES: Effective Date: May 24, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Antonio Ramirez, 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. 
Section 91.6 requires that goats intended for exportation be tested for 
tuberculosis and, for some goats, brucellosis prior to export. Section 
91.9 requires that breeding swine intended for exportation be tested 
for brucellosis prior to export.
    Some countries do not require that goats and breeding swine be 
tested for tuberculosis and brucellosis prior to export. Even in such 
cases, though, our regulations require that such testing be conducted. 
Thus, these requirements can create an unnecessary burden for producers 
when testing is not required to satisfy the import regulations of the 
country to which they are exporting goats and breeding swine.
    On September 17, 2010, we published in the Federal Register (75 FR 
56912-56914, Docket No. APHIS-2009-0067) a proposed rule \1\ to amend 
the livestock exportation regulations to eliminate the requirement for 
pre-export tuberculosis and brucellosis testing of goats and breeding 
swine intended for export to countries that do not require such tests. 
In our proposal, we discussed how this action will relieve unnecessary 
burdens for producers when testing is not required to satisfy the 
importation regulations of the country to which they are exporting 
goats and breeding swine.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0067.
---------------------------------------------------------------------------

    In this final rule, we are making a technical amendment to the 
citation to paragraph (a)(1) in Sec.  91.6(a)(4)(iii). Paragraph 
(a)(4)(iii) should now read that brucellosis testing is not required 
for dairy and breeding goats exported to a country that does not 
require goats from the United Stated to be tested for brucellosis as 
described in paragraph (a)(2) of this section.
    We solicited comments concerning the proposed rule for 60 days 
ending November 16, 2010. We received four comments by that date. They 
were from three private citizen and an exporter. Two commenters 
supported the proposed rule, and one commenter stated her opposition to 
the exportation of animals without raising any issues related to the 
proposed rule.
    The remaining commenter opposed our decision to eliminate the 
testing requirement in instances when the receiving country does not 
require such testing because of the risk of spreading tuberculosis and 
brucellosis. The commenter suggested that the testing requirement be 
waived only for goats or breeding swine that come from a brucellosis-
free State. The commenter also suggested that all goats and breeding 
swine that have not been tested for brucellosis before exportation be 
accompanied by a document warning the destination country that they 
have not been tested for brucellosis.
    We note that all States are recognized as class free for Brucella 
abortus, the strain of brucellosis that would affect goats and as 
validated brucellosis free for B. suis, the strain of brucellosis that 
would affect swine.
    We also note that our regulations require all exported goats and 
breeding swine to be accompanied by an origin health certificate that 
certifies that the animals were inspected 30 days prior to exportation. 
The health certificate must also include all test results, 
certifications, or other statements required by the destination 
country. If a country does not require goats and breeding swine be 
tested for tuberculosis or brucellosis prior to exportation, a document 
stating that no pre-export test has occurred would not be necessary.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule with 
changes discussed in this document.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule eliminates 
the requirement for pre-export tuberculosis and brucellosis testing of 
goats and breeding swine intended for export to countries that do not 
require such tests, thus reducing the burden for producers when 
exporting goats and breeding swine. Therefore, the Administrator of the 
Animal and Plant Health Inspection Service has determined that this 
rule should be effective upon publication in the Federal Register.

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.
    We have prepared an economic analysis for this action. The economic 
analysis is posted with this final rule on the Regulations.gov Web site 
(see

[[Page 29992]]

ADDRESSES above for instructions for accessing Regulations.gov) and may 
be obtained from the person listed under FOR FURTHER INFORMATION 
CONTACT.
    The analysis identifies live goat and swine exporters as the small 
entities most likely to be affected by this action, and considers the 
costs associated with the elimination of tuberculosis and brucellosis 
testing requirements for goats and swine being exported to countries 
that do require such tests. Based on the information presented in the 
analysis, we expect that the goat and swine wholesale trading industry 
will experience a reduction in compliance costs as a result of this 
action although the savings will be small in comparison to the value of 
the animals being exported.
    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) Has no retroactive effect and (2) 
administrative proceedings will not be required 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. In Sec.  91.6, paragraph (a)(4) is revised to read as follows:


Sec.  91.6  Goats.

    (a) * * *
    (4) Exemptions. (i) Goats exported for immediate slaughter need not 
comply with the requirements of paragraphs (a)(1), (a)(2), (a)(3), and 
(a)(5) of this section.
    (ii) Tuberculosis testing is not required for goats over 1 month of 
age exported to a country that does not require goats from the United 
States to be tested for tuberculosis as described in paragraph (a)(1) 
of this section.
    (iii) Brucellosis testing is not required for dairy and breeding 
goats exported to a country that does not require goats from the United 
Stated to be tested for brucellosis as described in paragraph (a)(2) of 
this section.
* * * * *

0
3. Section 91.9 is revised to read as follows:


Sec.  91.9  Swine.

    (a) No swine shall be exported if they were fed garbage at any 
time. The swine shall be accompanied by a certification from the owner 
stating that they were not fed garbage, and that any additions to the 
herd made within the 30 days immediately preceding the export shipment 
have been maintained isolated from the swine to be exported.
    (b) Except as provided in paragraph (c) of this section, all 
breeding swine shall be tested for and show negative test results to 
brucellosis by a test prescribed in ``Standard Agglutination Test 
Procedures for the Diagnosis of Brucellosis'' or ``Supplemental Test 
Procedures for the Diagnosis of Brucellosis.'' The test results shall 
be classified negative in accordance with the provisions prescribed in 
the Recommended Brucellosis Eradication Uniform Methods and Rules, 
chapter 2, part II, G, 1, 2, and 3.
    (c) Breeding swine exported to a country that does not require 
breeding swine from the United States to be tested for brucellosis need 
not comply with the requirements of paragraph (b) of this section.

(Approved by the Office of Management and Budget under control 
number 0579-0020)

    Done in Washington, DC, this 18th day of May 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-12758 Filed 5-23-11; 8:45 am]
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