[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2967-2986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00962]



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  Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / 
Rules and Regulations  

[[Page 2967]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. APHIS-2012-0049]
RIN 0579-AE00


Exportation of Live Animals, Hatching Eggs, and Animal Germplasm 
From the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising the regulations pertaining to the exportation 
of livestock from the United States. Among other things, we are 
removing most of the requirements for export health certifications, 
tests, and treatments from the regulations, and instead directing 
exporters to follow the requirements of the importing country regarding 
such processes and procedures. We are retaining only those export 
health certification, testing, and treatment requirements that we 
consider necessary to have assurances regarding the health and welfare 
of livestock exported from the United States. We also are allowing pre-
export inspection of livestock to occur at facilities other than an 
export inspection facility associated with the port of embarkation, 
under certain circumstances, and replacing specific standards for 
export inspection facilities and ocean vessels with performance 
standards. These changes will provide exporters and the Animal and 
Plant Health Inspection Service (APHIS) with more flexibility in 
arranging for the export of livestock from the United States while 
continuing to ensure the health and welfare of the livestock. 
Additionally, if APHIS knows that an importing country requires an 
export health certificate endorsed by the competent veterinary 
authority of the United States for any animal other than livestock, 
including pets, or for any hatching eggs or animal germplasm, we are 
requiring that the animal, hatching eggs, or animal germplasm have such 
a health certificate to be eligible for export from the United States. 
This change will help ensure that all animals, hatching eggs, and 
animal germplasm exported from the United States meet the health 
requirements of the countries to which they are destined. Finally, we 
are making editorial amendments to the regulations to make them easier 
to understand and comply with.

DATES: Effective February 19, 2016.

FOR FURTHER INFORMATION CONTACT: Dr. Jack Taniewski, Director for 
Animal Export, National Import Export Services, VS, APHIS, 4700 River 
Road, Unit 39, Riverdale, MD 20737-1231; (301) 851-3300.

SUPPLEMENTARY INFORMATION:

Background

    Under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 et 
seq.), the Secretary of Agriculture may prohibit or restrict the 
exportation of any animal, article, or means of conveyance if the 
Secretary determines that the prohibition or restriction is necessary 
to prevent the dissemination of any pest or disease of livestock from 
or within the United States. The AHPA also authorizes the Secretary to 
prohibit: (1) The exportation of any livestock if the Secretary 
determines that the livestock is unfit to be moved; (2) the use of any 
means of conveyance or facility in connection with the exportation of 
any animal or article if the Secretary determines that the prohibition 
or restriction is necessary to prevent the dissemination of any pest or 
disease of livestock from or within the United States; and (3) the use 
of any means of conveyance in connection with the exportation of 
livestock if the Secretary determines that the prohibition or 
restriction is necessary because the means of conveyance has not been 
maintained in a clean and sanitary condition or does not have 
accommodations for the safe and proper movement and humane treatment of 
livestock.
    The Secretary has delegated this authority to the Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture (USDA). Pursuant to this authority, APHIS has issued the 
regulations in 9 CFR part 91, ``Inspection and Handling of Livestock 
for Exportation'' (``the regulations'').
    We had not substantively amended these regulations for many years 
and some revisions were needed. Some provisions, such as those that 
require pre-export inspection of livestock at an export inspection 
facility associated with the port of embarkation and those that set 
forth specific construction and maintenance standards for export 
inspection facilities and ocean vessels, sometimes interfered with 
exports. Other requirements, particularly those that required certain 
tests and certifications for all livestock intended for export from the 
United States, were not always required by importing countries or 
necessary for us to have assurances regarding the health and welfare of 
the livestock at the time of export.
    For these reasons, on February 26, 2015, we published in the 
Federal Register (80 FR 10398-10417, Docket No. APHIS-2012-0049) a 
proposed rule \1\ to remove requirements that we determined to be 
unnecessary or overly prescriptive from the regulations in order to 
provide exporters and APHIS with more options for inspecting and 
handling livestock intended for export.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, its supporting documents, or the 
comments that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0049.
---------------------------------------------------------------------------

    Additionally, we proposed to amend the regulations so that, when an 
importing country is known to require an export health certificate for 
any animal other than livestock or for any animal semen, animal 
embryos, hatching eggs, other embryonated eggs, or gametes intended for 
export to that country, the animal or other commodity would have to 
have an export health certificate in order to be eligible for export 
from the United States.
    Finally, we proposed to group certain provisions that were located 
in disparate sections of the regulations, and to make certain other 
editorial changes to make the regulations easier to read.
    We solicited comments concerning our proposal for 60 days ending 
April 27, 2015. We received 48 comments by that date. They were from 
exporters, brokers, non-profit animal welfare

[[Page 2968]]

organizations, and private citizens. We discuss the comments that we 
received below, grouped by topic in the following order:
     General comments on the proposed rule;
     Comments regarding specific sections of the proposed rule; 
and
     Comment regarding the Program Handbook.

General Comments on the Proposed Rule

    One commenter stated that we had issued the proposed rule based on 
the erroneous assumption that the AHPA allows APHIS to regulate exports 
of livestock solely in order to protect and promote the welfare of the 
animals to be exported. The commenter stated that the AHPA does not 
delegate such authority to APHIS. In the commenter's opinion, the AHPA 
limits the scope of APHIS' regulation of livestock exports to those 
requirements that are necessary to ensure that livestock arrive in the 
importing country in acceptable condition and do not disseminate 
diseases or pests of livestock within or from the United States. 
Moreover, the commenter stated that, within these parameters, APHIS may 
only issue regulations with the intent of protecting and promoting 
international markets for U.S. livestock. The commenter stated that 
this is reflected in section 8301 of the AHPA, which provides that 
regulation of exports pursuant to the Act is necessary in order to 
``prevent and eliminate . . . burdens on foreign commerce'' and to 
``protect the economic interests of the livestock and related 
industries of the United States.'' The commenter concluded that the 
rule should be withdrawn on the grounds that APHIS had exceeded its 
statutory authority in issuing it.
    We agree with the commenter that the primary purpose of the AHPA is 
to ensure that livestock that are imported into, exported from, or 
moved interstate within the United States do not contribute to the 
dissemination of pests or diseases of livestock within or from the 
United States. However, we disagree with the commenter's interpretation 
of the AHPA with regard to livestock exports.
    As we noted earlier in this document, the AHPA authorizes the 
Secretary to prohibit the exportation of any livestock if the Secretary 
determines that the livestock is unfit to be moved and to prohibit the 
use of any means of conveyance in connection with the exportation of 
livestock if the Secretary determines that the prohibition or 
restriction is necessary because the means of conveyance has not been 
maintained in a clean and sanitary condition or does not have 
accommodations for the safe and proper movement and humane treatment of 
livestock. The section of the AHPA that contains these authorizations, 
7 U.S.C. 8304, does not limit our authority in the manner suggested by 
the commenter.
    Additionally, we disagree with the commenter that the Congressional 
findings in section 8301 of the AHPA necessarily imply such 
limitations. In addition to the findings cited by the commenter, 
Congress also finds in that section that ``the health of animals is 
affected by the methods by which animals are transported in interstate 
commerce or foreign commerce.'' We note, in that regard, that the AHPA 
does not define the term ``health,'' either explicitly or contextually.
    The same commenter asserted that APHIS had overstated the rigidity 
of the previous regulations in part 91. The commenter pointed out that, 
at the time the proposed rule was issued, Sec.  91.4 of the regulations 
provided that the Administrator may permit the exportation of livestock 
not otherwise permitted under the regulations, under such conditions as 
the Administrator may prescribe to prevent the spread of livestock 
diseases and to insure the humane treatment of the animals while in 
transit. The commenter also pointed out that paragraph (b) of Sec.  
91.14 had allowed for the use of temporarily designated ports of 
embarkation in conjunction with such exports. Because of these two 
provisions, the commenter asserted that the regulations allowed for any 
variances APHIS saw necessary to implement, that there was, 
accordingly, no need for the proposed rule, and that APHIS should 
therefore withdraw it.
    The provisions of Sec.  91.4 and paragraph (b) of Sec.  91.14 were 
intended for specific unusual or unforeseen situations. They were not 
intended as a means to establish generally applicable exemptions from 
the regulations or alternate conditions for the exportation of 
livestock from the United States. Given that we considered numerous 
revisions to the regulations to be necessary, and given the scope of 
the revisions that we proposed, we consider it to have been appropriate 
and necessary to issue a proposed rule.
    The same commenter stated that, while we had cited a recent and 
appreciable increase in the volume of livestock exports from the United 
States as part of the reason for the rule, we had provided no evidence 
that the previous regulations could not accommodate this increase.
    The proposed rule pointed to several inefficiencies in the previous 
regulations that were exacerbated by the recent increase in the volume 
of livestock exports from the United States. For example, we pointed 
out that the regulations required all animals offered for exportation 
to undergo pre-export inspections within 24 hours of embarkation at an 
export inspection facility associated with the port of embarkation and 
additionally required most animals to be afforded 5 hours of rest at 
this export inspection facility. We also stated that, in our 
experience, it can take more than 24 hours to unload a large lot of 
animals into an export inspection facility for inspection. We stated 
that this sometimes creates a tight timeframe for unloading the animals 
into the facility and subsequently loading the animals for export, 
increased the possibility of hastened loading and unloading, and 
increased the likelihood that the animals could become injured or 
distressed because of this haste. Finally, we pointed out that some 
export inspection facilities associated with ports of embarkation 
simply lack the ability to accommodate a large lot of livestock.
    Several commenters stated that we should prohibit the export of 
livestock, prohibit the use of shipping containers to transport 
livestock, set an annual limit on the number of livestock exported from 
the United States, prohibit the export of livestock for slaughter, or 
prohibit any movement of animals to slaughter. Similarly, a number of 
commenters suggested that we prohibit the export of horses for 
slaughter purposes.
    Such prohibitions are outside the scope of our statutory authority.
    One commenter stated that we should make an inquiry regarding the 
use of the livestock to be exported. The commenter pointed out that, 
under section 8314 of the AHPA, APHIS may ``gather and compile 
information'' that APHIS ``considers to be necessary for the 
administration and enforcement'' of the AHPA, and that such an inquiry 
would be consistent with this statutory authority.
    We disagree with the commenter that such an inquiry is within our 
statutory authority. With regard to livestock exports, the section of 
the AHPA that the commenter cited allows APHIS to gather and collect 
information in order to administer the section of the AHPA that 
pertains to live animal exports and the inspections related to such 
exports. Accordingly, we can collect and gather information in order to 
have assurances that: (1) Animals exported from the United States will 
not disseminate pests of diseases of livestock within or from the 
United States; (2) livestock exported

[[Page 2969]]

from the United States are fit to be moved; (3) the means of conveyance 
or facilities used in conjunction with the exportation of such 
livestock will not contribute to the dissemination of pests and 
diseases of livestock within or from the United States; and (4) the 
means of conveyance used in conjunction with the export of such 
livestock has been maintained in a clean and sanitary condition and has 
accommodations for the safe and proper movement and humane treatment of 
the livestock. Inquiring regarding the intended use of the livestock in 
the importing country does not further any of these goals and is, 
accordingly, outside the scope of our statutory authority.
    That being said, many countries have different importation 
requirements for various classes of livestock. To facilitate the export 
of livestock to those countries, as part of our export health 
certification processes, we inquire regarding the intended use of the 
livestock in the importing country. It is important to note, however, 
that in such instances, this inquiry is a service that we provide at 
the behest of the importing country.
    Several commenters asked us to modify the proposed rule to prohibit 
the export by sea of horses for slaughter. One commenter pointed out 
that, under 15 CFR 754.5, the Department of Commerce (DOC) prohibits 
the export by sea of horses for slaughter, and states that they will 
consult with USDA in order to enforce this prohibition.
    While APHIS is committed to coordinating with DOC to enforce this 
prohibition, we do not consider it necessary to modify the proposal in 
such a manner. This is due to the manner in which DOC enforces 15 CFR 
754.5. Under the section, exporters who wish to export horses for 
slaughter must obtain a short supply license from DOC. One of the 
conditions on the license itself prohibits the exportation by sea of 
horses for slaughter, and makes the licensee subject to possible 
revocation of his or her license, as well civil and criminal penalties, 
for noncompliance with this prohibition. Based on our interaction with 
DOC and knowledge of the slaughter horse industry, these conditions 
have proven to be successful, and slaughter horses are currently 
exported from the United States via aircraft or overland conveyance.
    Several commenters asked us whether the rule pertains to animals 
temporarily exported from the United States for a particular event or 
exhibition. If it did not, they asked that provisions regarding 
temporary exportation of livestock and other animals be added to this 
final rule.
    The regulations in part 91 do not pertain to the export of 
livestock or other animals for a temporary show or exhibition. However, 
requirements for the temporary export and subsequent reimportation of 
several species of animals are contained in 9 CFR part 93. For example, 
paragraph (b) of Sec.  93.317 of the 9 CFR contains requirements for 
horses exported to Canada for subsequent reimportation into the United 
States within a period of 30 days, and paragraph (f) of Sec.  93.101 of 
the 9 CFR contains requirements for U.S.-origin birds intended for 
reimportation into the United States following a particular theatrical 
performance or exhibition in Canada or Mexico.
    One commenter suggested that the regulations in part 91 should 
state that APHIS may collaborate with other Federal agencies to 
implement and enforce the regulations.
    Since section 8310 of the AHPA explicitly authorizes such 
collaboration, we do not consider it necessary to include this 
statement in part 91.
    One commenter suggested modifying the proposed rule to require 
exporters to maintain contingency plans to respond to adverse events 
that may befall a shipment of livestock during movement from their 
premises of export to the port of embarkation.
    We see merit in such a requirement, particularly when pre-export 
inspection of the livestock intended for export is conducted at a 
facility other than the export inspection facility associated with the 
port of embarkation. Accordingly, in this final rule, we require that, 
in order for us to authorize pre-export inspection at such facilities, 
among other requirements, the exporter must maintain contact 
information for a veterinarian licensed in the State of embarkation to 
perform emergency medical services, as needed, on the animals intended 
for export.
    The same commenter also suggested modifying the proposed rule to 
specify that APHIS personnel must visually monitor aircraft and ocean 
vessels as they depart from the port of embarkation.
    The commenter did not explain how such monitoring would promote or 
safeguard the health and safety of the livestock aboard the aircraft or 
ocean vessels, nor is the purpose of such monitoring readily apparent 
to us.
    Finally, one commenter stated that APHIS had insufficient resources 
to implement the rule. The commenter's assertion, however, was based in 
large part on the stated assumption that APHIS would not abide by 
provisions of the rule that make certain of our services contingent on 
the availability of APHIS personnel. We will, however, adhere to these 
provisions.

Comments Regarding Specific Sections of the Proposed Rule

Comments Regarding Proposed Sec.  91.1 (``Definitions'')
    In proposed Sec.  91.1, we proposed definitions of terms that would 
be used in the revised regulations. We received several comments on our 
proposed definitions.
    We proposed to define date of export as ``the date animals intended 
for export are loaded onto an ocean vessel or aircraft, or if moved by 
land to Canada or Mexico, the date the animals cross the border.''
    One commenter pointed out that several foreign countries define the 
term differently in their import requirements. In such instances, the 
commenter asked whether exporters should abide by the importing 
country's understanding of the term or APHIS'.
    In such instances, exporters should abide by the importing 
country's understanding of the term. However, APHIS continues to 
collaborate with our trading partners to harmonize their definitions 
regarding U.S. livestock exports with our own.
    We proposed to define livestock as ``horses, cattle (including 
American bison), captive cervids, sheep, swine, and goats, regardless 
of intended use.''
    One commenter pointed out that the AHPA defines livestock as ``all 
farm-raised animals,'' and that our proposed definition was 
significantly more restrictive than the AHPA's definition. The 
commenter asked whether our definition should be considered a statement 
of Agency policy regarding the animals APHIS considers to be livestock. 
If so, the commenter expressed concern that it could adversely impact 
ongoing domestic surveillance and disease control efforts in other 
species of animals that APHIS has traditionally considered to be 
livestock.
    The definition of livestock that we proposed in Sec.  91.1 pertains 
solely to the regulations in part 91, and is not intended as a 
statement of general APHIS policy. The restrictive definition of 
livestock reflects the classes of livestock that can feasibly be 
inspected at an export inspection facility associated with a port of 
embarkation. Moreover, these are the primary classes of livestock 
exported from the United States.
    We proposed to replace premises of origin, used in the previous 
part 91, with premises of export. We stated that this was because 
premises of origin is

[[Page 2970]]

often used in common speech to mean the premises where animals were 
born and/or raised, whereas we meant the premises where the animals are 
assembled for pre-export isolation (if such isolation is required by 
the importing country) or, if the importing country does not require 
pre-export isolation, the premises where the animals are assembled for 
pre-export inspection and/or testing, or the germplasm is collected and 
stored, before being moved to a port of embarkation or land border 
port.
    One commenter stated that exporters do not construe premises of 
origin to mean the premises where animals are born and/or raised. For 
this reason, the commenter stated that we should retain the term 
premises of origin within the regulations.
    While it may be true that, in the commenter's experience, exporters 
do not construe the term premises of origin to mean the premises where 
animals are born and/or raised, this is a misconstrual that we do 
encounter as an Agency from time to time.
    The same commenter stated that, if we retain the term premises of 
origin, we should also retain the term origin health certificate, which 
we proposed to replace with the term export health certificate. Since 
we have decided not to retain premises of origin, however, we are also 
not retaining the term origin health certificate.
Comments Regarding Proposed Sec.  91.3 (``General Requirements'')
    In proposed Sec.  91.3, we proposed general requirements for the 
export of livestock, animals other than livestock, and animal 
germplasm.
    Paragraph (a) of proposed Sec.  91.3 concerned the issuance of 
export health certificates. In proposed paragraph (a)(1) of Sec.  91.3, 
we proposed that livestock would have to have an export health 
certificate in order to be eligible for export from the United States.
    One commenter suggested that we should instead require export 
health certificates for livestock when either APHIS or the exporter is 
aware that the importing country requires such certificates. If APHIS 
is not aware of such a requirement, the commenter suggested that we 
should authorize the export of the animals based on a good-faith effort 
by the exporter to determine whether the importing country requires 
export health certificates for the animals.
    We are making no revisions in response to this comment. As we 
stated in the proposed rule, regardless of whether a foreign country 
allows livestock to be imported into their country without an export 
health certificate, pursuant to the AHPA, we need assurances that the 
livestock were fit to be moved for export from their premises of export 
at the time that movement occurred, and the export health certificate 
provides such assurances.
    The commenter also asked whether this general requirement means 
that APHIS no longer intends to maintain IRegs, our Web site containing 
information regarding the animal and animal product import requirements 
of foreign countries.
    We intend to the maintain IRegs.
    In proposed paragraph (a)(2) of Sec.  91.3, we proposed that, if an 
importing country is known to require an export health certificate for 
any animal other than livestock or for any animal semen, animal 
embryos, hatching eggs, other embryonated eggs, or gametes intended for 
export to that country, the animal, animal semen, animal embryos, 
hatching eggs, other embryonated eggs, or gametes would have to have an 
export health certificate in order to be eligible for export from the 
United States. We stated that this requirement was necessary because 
several countries have entered into export protocols with the United 
States for animals other than livestock or animal germplasm in which 
these countries require export health certificates, and we have 
operationally required such export health certificates out of deference 
to these export protocols for many years.
    One commenter stated that it was not long-standing APHIS 
operational policy to require such certificates.
    This policy has been in effect for 9 years.
    Several commenters pointed out that ``known to require'' is passive 
voice, and asked whether APHIS or the exporter would be expected to 
know whether an importing country required an export health certificate 
for animals other than livestock, animal semen, animal embryos, 
hatching eggs, other embryonated eggs, or gametes.
    While it is the responsibility of the exporter to make a reasonable 
effort to determine the requirements of the importing country for 
particular animals and commodities, for purposes of the proposed 
requirement, we meant when APHIS knows the importing country to require 
export health certificates.
    One commenter understood ``known to require'' in the sense that we 
intended it, but also understood the proposed rule to suggest that the 
only way by which APHIS learns of such requirements is through export 
protocols with foreign countries. The commenter pointed out that many 
foreign countries have import requirements for animals other than 
livestock, germplasm, and hatching eggs that were not established 
through export protocols negotiated with APHIS. The commenter also 
pointed out that export protocols for animals other than livestock, 
animal germplasm, and hatching eggs sometimes do not require export 
health certification.
    We acknowledge that many export protocols do not require export 
health certification for animals other than livestock, germplasm, and 
hatching eggs. The reference to export protocols was intended to 
illustrate one of the means by which APHIS becomes aware of such 
requirements. We also learn of them through routine dialogue with 
foreign countries, exporters, and brokers, among other means.
    Several commenters pointed out that our authority under the AHPA 
with regard to exports of animals other than livestock, as well as 
animal germplasm and hatching eggs, is limited to determining that the 
animals, animal germplasm, or hatching eggs will not present a risk of 
disseminating diseases or pests of livestock within or from the United 
States. In instances when the importing country requires export health 
certificates but has not demonstrated such a risk, the commenters 
questioned our authority under the AHPA to impose a Federal requirement 
requiring export health certificates for such animals and commodities. 
The commenters acknowledged that, in the absence of such certificates, 
the animals and commodities could not be validly exported to the 
country, but stated that export health certificates are more aptly 
characterized in such instances as a discretionary service to 
facilitate trade. One of these commenters construed the proposed rule 
to suggest that we were issuing the provisions pursuant to the World 
Trade Organization's Agreement on Sanitary and Phytosanitary Measures 
(SPS Agreement), and pointed out that the SPS Agreement is not a 
statute and does not provide APHIS with authority to regulate exports.
    In a similar vein, one commenter stated that we should require 
export health certificates for animals other than livestock, animal 
germplasm, and hatching eggs only when we consider the animals or 
commodities to be potential vectors of pests and diseases of livestock. 
The commenter also asked whether APHIS has any efforts underway or 
planned in the future to encourage trading partners to relieve 
restrictions on the importation of animals and articles that we do not

[[Page 2971]]

consider to be potential vectors of pests and diseases of livestock.
    Several foreign countries consider any animal, germplasm, or 
hatching egg offered for importation to their country without an export 
health certificate issued by the competent veterinary authority of the 
exporting country to present a risk of disseminating pests or diseases 
of livestock within their country, and accordingly prohibit such 
importation.
    Because of this, if we are aware that the importing country has 
such requirements, we consider it necessary to require export health 
certificates for the animals, germplasm, or hatching eggs in order to 
provide assurances to the importing country that, in our determination 
as the competent veterinary authority of the United States, we do not 
consider the animals, germplasm, or hatching eggs to present a risk of 
disseminating pests or diseases of livestock. In other words, the 
export health certificate functions as a requirement that we impose in 
order to communicate our determination that the animals or articles do 
not present a risk of disseminating pests or diseases of livestock from 
the United States. Accordingly, while we acknowledge that issuing such 
export health certificates is consistent with the SPS Agreement, 
insofar as it respects the measures that other countries impose on the 
importation of animals other than livestock, animal germplasm, or 
hatching eggs in order to protect animal health within their country, 
we also consider it consistent with our statutory authority under the 
AHPA.
    We disagree that such certification should more accurately be 
considered a discretionary service offered by APHIS, rather than a 
Federal requirement. Such an approach could be construed to suggest 
that APHIS has evaluated all classes of animals or articles subject to 
such certification requirements by importing countries and determined 
that they present no risk of disseminating pests or diseases of 
livestock from the United States. We have not done so.
    Finally, when we have concerns regarding the risk basis for a 
foreign country's import requirements, we dialogue with the country to 
encourage them to revise the requirements.
    One commenter asked whether the proposed provisions mean that APHIS 
will provide export health certification for invertebrate animals, if 
required by an importing country. If so, the commenter asked which 
staff in APHIS he should contact regarding such certification.
    We will do so to the extent possible. The commenter should contact 
the National Import Export Services staff in APHIS' Veterinary Services 
program.
    A commenter pointed out that the paragraph would not regulate 
exports of animal products. The commenter stated that such products can 
disseminate pests and diseases of livestock, and that importing 
countries sometimes require export health certificates for such 
commodities.
    The regulations in part 91 have historically pertained to live 
animals. The proposed rule sought to extend their scope to germplasm 
and hatching eggs. Such commodities are potentially viable. Animal 
products, however, are not viable. Thus, we are not adding provisions 
for the certification of such commodities to part 91.
    Finally, in light of the comments received on proposed paragraph 
(a)(2) of Sec.  91.3 discussed above, we are modifying its provisions 
from those in the proposed rule. In this final rule, it requires that, 
if APHIS knows that an import country requires an export health 
certificate endorsed by the competent veterinary authority of the 
United States for any animal other than livestock or for any animal 
semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes intended for export to that country, the animal or other 
commodity must have an endorsed export health certificate in order to 
be eligible for export from the United States.
    Paragraph (b) of proposed Sec.  91.3 concerned the content of 
export health certificates. In paragraph (b)(1) of proposed Sec.  91.3, 
we proposed minimum requirements for export health certificates for 
livestock. In paragraph (b)(2) of proposed Sec.  91.3, we proposed 
that, in addition to such minimum requirements, the export health 
certificate would have to meet any other information or issuance 
requirements specified by the importing country.
    Some commenters construed these two paragraphs to mean that the 
requirements of the importing country would supersede our own 
requirements. Other commenters understood the information or issuance 
requirements specified by the importing country to be in addition to 
our minimum requirements.
    The latter interpretation is correct.
    Paragraph (d) of proposed Sec.  91.3 concerned testing requirements 
for livestock intended for export from the United States. Among other 
provisions, we proposed that samples must be taken and tests made by an 
accredited veterinarian or APHIS representative within the timeframe 
allowed by the importing country. If the importing country does not 
specify a timeframe, we proposed that the samples would have to be 
taken and tests made within 30 days prior to export, except that 
tuberculin tests could be conducted within 90 days prior to the date of 
export.
    One commenter pointed out that APHIS representatives, as we 
proposed to define them, could include individuals without doctorates 
of veterinary medicine. The commenter stated that the AHPA requires 
animal health certificates to be issued by veterinarians, and that 
allowing non-veterinarians to do so is outside the scope of our 
statutory authority.
    The AHPA does not set such limits on the issuance of certificates. 
Additionally, as we mentioned in the proposed rule, for certain species 
of aquaculture, we consider employees of the United States Fish and 
Wildlife Service best qualified to provide such certification.
    One commenter pointed out that an importing country could specify a 
timeframe for sampling and testing that allows the samples to be taken 
and tests made outside the period of time that APHIS considers the 
samples or tests to reliably indicate the animals' freedom from disease 
at the time of export. The commenter suggested that this could result 
in diseased animals being exported from the United States. For that 
reason, the commenter stated that we should instead require all samples 
to be taken and tests made 30 days prior to the date of export, except 
for tuberculin tests, which could be conducted 90 days prior to export.
    We disagree with the commenter that allowing the tests to be taken 
outside of the period of time that we consider to reliably indicate the 
animals' freedom from disease at the time of export could result in 
diseased animals being exported from the United States. Testing is not 
the sole requirement for export. The livestock must also be visually 
inspected by an APHIS veterinarian prior to embarkation for fitness to 
travel. This includes inspecting the animal for signs and symptoms of 
infection with a disease of livestock. Any animals with signs or 
symptoms of such infection are subject to a full veterinary 
examination.
    One commenter suggested that we should require follow-up tests for 
Program diseases, which we proposed to define as ``diseases for which 
there are cooperative State-Federal programs and domestic regulations 
in subchapter C of the 9 CFR,'' at the port of embarkation in order to 
ensure that diseased livestock are not exported from the United States.

[[Page 2972]]

    We do not consider such testing to be necessary in order to ensure 
that diseased livestock are not exported from the United States; as we 
mentioned above, this is one of the primary purposes of pre-export 
inspection. Additionally, we note that many tests for Program diseases 
must be administered at set intervals in order to produce statistically 
reliable results, and that certain tests, such as the tuberculin test, 
can lead to anergy, i.e., erroneous results due to a lack of 
sensitivity to a test brought about by overtesting, if they are 
administered too frequently.
    Finally, one commenter suggested that we should also require 
testing for chemical residues that would make the livestock unsuitable 
for human consumption.
    APHIS does not have statutory authority to require such tests. We 
note, however, that most foreign countries have regulatory bodies that 
specify the maximum chemical residues that may be present in food for 
human consumption in that country.
Comments Regarding Proposed Sec.  91.4 (``Prohibited Exports'')
    In proposed Sec.  91.4, we proposed to prohibit the export of any 
animal, animal semen, animal embryos, hatching eggs, other embryonated 
eggs, or gametes under Federal, State, or local government quarantine 
or movement restrictions for animal health reasons unless the importing 
country issues an import permit or other written instruction allowing 
that animal or other commodity to enter its country and APHIS concurs 
with the export of the animal, animal semen, animal embryos, hatching 
eggs, other embryonated eggs, or gametes.
    One commenter asked us what the term ``under quarantine'' meant. 
The commenter pointed to various scenarios under which an exporter may 
voluntarily place movement restrictions on animals or commodities prior 
to export, such as to fulfill animal isolation requirements of the 
importing country.
    For purposes of this section, a Federal, State, or local animal 
health authority must place the movement restrictions on the animal or 
commodity in order for it to be considered under quarantine.
    The same commenter pointed out that the definition of the term 
``quarantine'' can vary from State to State and locality to locality, 
and that a State or locality may impose a ``quarantine'' for purposes 
other than to prevent the dissemination of pests and diseases of 
livestock.
    For the purposes of the section, we consider a quarantine to be the 
imposition of movement restrictions in order to prevent the 
dissemination of pests and diseases of livestock that are under 
official control at the Federal, State, or local level.
Comments Regarding Proposed Sec.  91.5 (``Identification of Livestock 
Intended for Export'')
    In proposed Sec.  91.5, we proposed identification requirements for 
livestock intended for export. With one exception, we proposed to 
require the livestock to be identified in accordance with 9 CFR part 
86. That part contains national identification standards for livestock 
moving in interstate commerce. We considered this requirement to be 
necessary in order to align our export requirements with our domestic 
regulations, and to facilitate the interstate movement of animals 
intended for export from their premises of export to an export 
inspection facility, port of embarkation, or land border port.
    The exception that we proposed to this general requirement was for 
horses. We proposed to allow horses to be identified by an individual 
animal tattoo alone, without an accompanying description of the horse, 
if allowed by the importing country. We stated that this was because 
the United States has several long-standing export protocols with other 
countries that allow horses to be identified solely by individual 
animal tattoos.
    One commenter stated that movement for export differs from movement 
in interstate commerce, that the movement channels are understood by 
States and localities to be distinct, and that such identification 
would not substantially facilitate the movement of livestock from their 
premises of export. The commenter suggested that, for export purposes, 
livestock only need to be uniquely identified in a manner which allows 
the animals intended for export to be correlated to the animals listed 
on the export health certificate. The commenter stated that, while 
identification in accordance with part 86 would allow for such 
correlation, it was not the only means of ensuring it.
    We agree with the commenter, and have revised the section 
accordingly. As a result of this revision, the exception for horses is 
no longer necessary, and has not been finalized.
Comments Regarding Proposed Sec.  91.6 (``Cleaning and Disinfection of 
Means of Conveyance, Containers, and Facilities Used During Movement; 
Approved Disinfectants'')
    In proposed Sec.  91.6, we proposed cleaning and disinfection 
requirements for means of conveyance, containers, and facilities used 
during movement of livestock to ports of embarkation. Among other 
requirements, we proposed that the means of conveyance, containers, and 
facilities would have to be cleaned and disinfected with a disinfectant 
approved by the Administrator for purposes of the section. Whereas the 
regulations had previously required disinfectants listed in Sec.  71.10 
of the 9 CFR to be used, we proposed to list all approved disinfectants 
in the Program Handbook that accompanied the proposed rule.
    Several commenters expressed concern that, by moving the list of 
approved disinfectants to the Program Handbook, we could change the 
list arbitrarily and without notifying the public.
    Section 91.6 sets forth the criteria we will use for amending the 
list of approved disinfectants. APHIS will approve a disinfectant if we 
determine that the disinfectant is effective against pathogens that can 
be spread by the animals intended for export and, if the disinfectant 
is a chemical disinfectant, if it is registered or exempted for the 
specified use by the U.S. Environmental Protection Agency (EPA) 
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 135 et seq., FIFRA). We will remove a disinfectant from the list 
if it no longer meets these conditions for approval. We will notify the 
public of any changes to the list of disinfectants approved for use.
    Several commenters stated that the criteria for approval of a 
disinfectant in Sec.  71.10 are significantly more stringent than those 
that we proposed in Sec.  91.6, and that the former should be used to 
ensure the safety and efficacy of all disinfectants used to disinfect 
means of conveyances, containers, and facilities used in conjunction 
with the export of livestock from the United States.
    Section 71.10 contains no criteria for approving or withdrawing 
approval of disinfectants. The absence of such criteria in Sec.  71.10 
was, in fact, our stated purpose for proposing criteria in Sec.  91.6.
    One commenter suggested that we should ensure that chemical 
disinfectants used for purposes of Sec.  91.6 do not pose a risk to the 
health of livestock.
    When such disinfectants are registered with EPA under FIFRA, or EPA 
grants an FIFRA exemption for a specified use, EPA takes the risks to 
the environment, including to livestock, associated with the use of 
that disinfectant into consideration.

[[Page 2973]]

Comments Regarding Proposed Sec.  91.7 (``Pre-Export Inspection'')
    In proposed Sec.  91.7, we proposed requirements regarding pre-
export inspection of livestock intended for export from the United 
States.
    The regulations had previously required livestock offered for 
exportation to any country other than Mexico or Canada to be inspected 
by an APHIS veterinarian within 24 hours of embarkation of the animals 
at an export inspection facility associated with the port of 
embarkation. In proposed paragraph (a) of Sec.  91.7, we proposed that 
all livestock intended for export by air or sea would have to receive a 
visual health inspection from an APHIS veterinarian within 48 hours 
prior to embarkation. We proposed to extend the period of time within 
which livestock would have to receive pre-export inspection from 24 to 
48 hours prior to embarkation based on the fact that we proposed to 
allow such inspection to take place at a facility other than the export 
inspection facility associated with the port of embarkation, under 
certain circumstances. We also did so out of recognition that, even 
when such inspection occurs at the export inspection facility 
associated with the port of embarkation, it can take more than 24 hours 
to load a large lot of animals safely into an ocean vessel.
    One commenter pointed out that, unlike the previous regulations, 
the proposed regulations would not require pre-export inspection for 
livestock destined for overland export through Mexico.
    The commenter is correct; we did not propose to retain this 
requirement. This is because the Secretariat of Agriculture, Livestock, 
Rural Development, Fisheries, and Food, the competent veterinary 
authority of Mexico, inspects both livestock destined for overland 
importation into Mexico and livestock destined for overland transit 
through Mexico at the U.S./Mexico border. The previous regulations were 
written in a manner which took into consideration the inspection 
afforded to livestock intended for overland importation into Mexico, 
but not that afforded to livestock intended for overland transit 
through Mexico. We additionally note that overland exports of livestock 
from the United States through Mexico are minimal.
    Several commenters stated that extending the time period within 
which livestock must receive pre-export inspection from 24 to 48 hours 
prior to embarkation increased the likelihood that livestock unfit to 
travel would be exported from the United States.
    The commenters provided no evidence in support of this assertion. 
In contrast, in our experience, animals are at an increased risk of 
stress or injury if they are offloaded or inspected hastily.
    Several commenters stated that a visual health inspection was 
insufficient to detect signs or symptoms of diseases and pests of 
livestock, and suggested that we should require full veterinary 
examinations of all livestock destined for export from the United 
States in order to ensure that no diseased animals are exported from 
the United States. Similarly, one commenter asked us what a visual 
health inspection entails.
    A visual health inspection entails careful examination of livestock 
for signs and symptoms that the livestock may not be fit to travel. 
Signs and symptoms include, but are not limited to, warts, growths, 
rashes, abscesses, abrasions, unhealed wounds, or unusual discharge of 
fluid.
    APHIS veterinarians are trained to identify signs and symptoms of 
infection with a disease of livestock, and perform a full veterinary 
examination on any animal that exhibits such signs or symptoms during 
pre-export inspection.
    We consider this protocol, coupled with the testing prescribed in 
Sec.  91.3 of the regulations, to be sufficient to ensure that diseased 
livestock are not exported from the United States.
    In proposed paragraph (a) of Sec.  91.7, we also proposed a list of 
conditions that, if discovered during pre-export inspection, would make 
an animal unfit to travel. We proposed that the following classes of 
animals are unfit to travel:
     Livestock that are sick, injured, weak, disabled, or 
fatigued.
     Livestock that are unable to stand unaided or bear weight 
on each leg.
     Livestock that are blind in both eyes.
     Livestock that cannot be moved without causing additional 
suffering.
     Newborn livestock with an unhealed navel.
     Livestock that have given birth within the previous 48 
hours and are traveling without their offspring.
     Pregnant livestock that would be in the final 10 percent 
of their gestation period at the planned time of unloading in the 
importing country.
     Livestock with unhealed wounds from recent surgical 
procedures, such as dehorning.
    Several commenters stated that evidence of infection with a disease 
of livestock was not included among the proposed conditions, and 
suggested that the list be modified to include evidence of infectious 
disease as a condition that renders an animal unfit to travel.
    Sick livestock, which we proposed to be unfit to travel, include 
livestock with evidence of infection with a disease of livestock.
    One commenter asked whether a navel with a dried remnant of an 
umbilicus would be considered unhealed.
    In some instances, such a navel could be considered healed. It will 
be at the discretion of the APHIS veterinarian whether to consider a 
particular navel healed.
    The commenter also asked when APHIS considers wounds from a medical 
procedure to be healed.
    APHIS veterinarians determine on a case-by-case basis whether a 
wound is healed. This determination is based on the age and general 
health status of the animal, the nature of the medical procedure 
performed, the usual recovery period associated with the procedure, and 
the nature of the wound.
    A commenter asked how APHIS determines that animals other than 
livestock, animal gerplasm, or hatching eggs are fit to travel for 
export from the United States.
    If the animals or commodities meet the conditions for importation 
specified by the importing country, APHIS considers them to be fit to 
travel.
    Finally, in paragraph (a) of Sec.  91.7, we proposed that the owner 
of animals or the owner's agent would have to make arrangements for any 
livestock found unfit to travel.
    Several commenters suggested that we specify what type of 
arrangements the owner must make for livestock found unfit to travel. 
One of the commenters suggested that humane euthanasia should be listed 
as a type of approved arrangement, while another suggested that we 
should require humane euthanasia of all livestock considered unfit to 
travel.
    If an APHIS veterinarian determines that an animal is unfit to 
travel for export, the owner of the animal or owner's agent must make 
arrangements to remove the animal from the lot of animals intended for 
export. Unless we consider the animal unfit to travel because we 
consider it a risk of disseminating a pest or disease of livestock, we 
do not have authority to specify the manner of arrangements which must 
be made.
    Accordingly, while we recommend euthanasia of certain animals that 
we consider unfit to travel, such as animals that cannot be moved 
without further suffering or animals that are unable to stand unaided, 
we cannot require such euthanasia.

[[Page 2974]]

    Finally, we do not recommend that all classes of animals that we 
consider unfit to travel be euthanized. Certain conditions that render 
an animal unfit to travel, such as pregnancy, are not terminal, and 
should not be considered as such.
    In proposed paragraph (b) of Sec.  91.7, we proposed that the APHIS 
veterinarian conducting pre-export inspection would either have to do 
so at the export inspection facility associated with the port of 
embarkation of the livestock; at an export isolation facility approved 
by APHIS, when use of such a facility is authorized by the 
Administrator in accordance with proposed paragraph (c) of Sec.  91.7; 
or at an export inspection facility other than the export inspection 
facility associated with the port of embarkation, when use of such a 
facility is authorized by the Administrator in accordance with proposed 
paragraph (d) of Sec.  91.7. We also proposed that, if the facility 
used to conduct the inspection is a facility other than the export 
inspection facility associated with the port of embarkation, it would 
have to be located within 28 hours driving distance under normal 
driving conditions from the port of embarkation, and livestock would 
have to be afforded at least 48 hours rest, with sufficient feed and 
water during that time period, prior to movement from the facility. We 
proposed that the facility would have to be located within 28 hours 
driving distance because we could not foresee any instances which would 
suggest authorizing inspections at an export isolation facility located 
more than 28 hours driving distance from the port of embarkation, and 
because, pursuant to the 28 hour law (49 U.S.C. 80502), the maximum 
amount of time that most livestock may be transported in interstate 
commerce without rest, feed, and water is 28 hours.
    Several commenters stated that a 28 hour driving distance under 
normal conditions would allow pre-export inspection to be done at a 
significant distance from the port of embarkation. The commenters 
expressed concern that such travel could be stressful to the livestock 
and increase the risk of injury or illness befalling the animals being 
exported, and asked us to set a significantly lower maximum driving 
distance between the location at which pre-export inspection takes 
place and the port of embarkation. One of these commenters suggested a 
maximum driving distance of 60 miles or 90 minutes, whichever is 
further.
    We agree that, under certain conditions, such travel could be 
stressful to the livestock. The rigors of up to 28 hours of continuous 
travel were, in fact, why we proposed that the livestock would need at 
least 48 hours of rest, with sufficient feed and water during that time 
period, prior to movement to the port of embarkation. It is also, in 
part, why we proposed conditions that would limit the use of facilities 
other than an export inspection facility associated with the port of 
embarkation to conduct pre-export inspections.
    However, if livestock are properly rested, fed, and watered and if 
the means of conveyance transporting the livestock is equipped for such 
travel, with APHIS exercising monitoring and oversight, we do not 
consider a significant driving distance between the facility at which 
pre-export inspection takes place and the port of embarkation to 
present an intrinsic and irresolvable risk to livestock health. We 
have, on occasion, authorized pre-export inspection of livestock at a 
facility a considerable distance from the port of embarkation in order 
to facilitate the timely export of the animals, and have not 
encountered significant adverse impacts to the health or wellbeing of 
the livestock transported due to the distance traveled. Rather, in our 
experience, as well as the experience of several commenters, it is 
frequent loading and unloading, rather than travel itself, which puts 
animals at the greatest likelihood of sustaining injury or other 
significant adverse impacts to their health or wellbeing.
    For these reasons, we do not consider it necessary to lessen the 
maximum allowable driving distance between the facility at which pre-
export inspection is conducted and the port of embarkation from that in 
the proposed rule. In this regard, we note that a maximum driving 
distance of 60 miles or 90 minutes could impede the orderly export of 
certain lots of livestock and is not necessary to ensure the health and 
wellbeing of the livestock exported.
    One commenter pointed out that the 28 hour law allows livestock to 
be transported more than 28 hours without rest, feed, and water, if the 
animals have food, water, space, and an opportunity for rest aboard the 
means of conveyance. The commenter stated that, if our intent was to 
have the regulations in Sec.  91.7 align with the provisions of the 28 
hour law, then we should provide an exemption from the maximum 
allowable driving distance for livestock provided such food, water, 
space, and opportunity for rest.
    Our reference to the 28 hour law was to illustrate that a long-
standing statute considers there to be potential adverse impacts to 
livestock health and wellbeing if the animals are moved for more than 
28 hours within the United States without rest, feed, and water. 
Accordingly, we used the statute as one of our reference points in 
determining what maximum allowable driving distance to propose between 
the facility at which pre-export inspection is conducted and the port 
of embarkation. Another reference point was importer requests to date 
for pre-export inspection of livestock at facilities other than an 
export inspection facility associated with the port of embarkation. A 
28 hour maximum driving distance between the facility at which the pre-
export inspection is conducted and the port of embarkation would 
accommodate all such requests to date.
    One commenter suggested that, instead of a mandatory 48 hour rest 
period for livestock inspected at a facility other than an export 
inspection facility associated with the port of embarkation prior to 
movement from the facility, the rest period should be tiered to the 
class of livestock being moved and the distance between the facility 
and the port of embarkation. Alternatively, the commenter asked us to 
explain our rationale for the 48 hour rest period.
    We intended to propose a 48 hour rest period prior to the pre-
export inspection of the livestock. This rest period was intended to 
serve in lieu of a rest period at the export inspection facility 
associated with the port of embarkation, so that livestock inspected at 
a facility other than the export inspection facility associated with 
the port of embarkation could be loaded directly into aircraft or ocean 
vessels at the port of embarkation. Since there would not be visual 
health inspection of the animals at the export inspection facility 
associated with the port of embarkation, and since the animals could 
travel a significant distance from the facility at which the pre-export 
inspection is conducted to the port of embarkation, it would be 
commensurately important for us to be assured that the livestock are 
fit for travel before they leave the facility at which the pre-export 
inspection is conducted. Therefore, we considered a somewhat prolonged 
rest period warranted.
    However, we did not clarify that livestock inspected at a facility 
other than the export inspection facility associated with the port of 
embarkation would be exempt from requirements for rest, feed, and water 
at the export inspection facility associated with the port of 
embarkation.
    In this final rule, we have amended both paragraph (b) of Sec.  
91.7 and Sec.  91.8, which contains our rest, feed, and water

[[Page 2975]]

requirements for livestock inspected at an export inspection facility 
associated with the port of embarkation, to clarify our intent.
    As we mentioned earlier in this document, in proposed paragraphs 
(c) and (d) of Sec.  91.7, we proposed conditions under which we may 
authorize pre-export inspection at an export isolation facility, or an 
export inspection facility not associated with the port of embarkation, 
respectively. In both paragraphs, we proposed that such authorization 
could occur if the exporter could show, to the satisfaction of the 
Administrator, that the livestock would suffer undue hardship if they 
had to be inspected at the export inspection facility associated with 
the port of embarkation.
    One commenter stated that this condition was subjective.
    While we agree that the condition relies on a subjective 
determination, the factors that we will consider in making this 
determination are objective. For example, we will consider the species 
to be inspected, the size of the lot, the likelihood of adverse 
climatic conditions that could affect loading the animals into and 
unloading the animals from the export inspection facility, and the 
resources that would be available at the facility the day that the 
livestock would be expected to arrive.
Comments Regarding Sec.  91.8 (``Rest, Feed, and Water Prior to 
Export'')
    In proposed Sec.  91.8, we proposed that all livestock intended for 
export by air or sea would have to be allowed a period of at least 2 
hours of rest prior to being loaded onto an ocean vessel or aircraft 
for export. We also proposed that an inspector could extend the 
required rest period up to 5 hours, at his or her discretion and based 
on a determination that more rest is needed in order for the inspector 
to have assurances that the animals are fit to travel prior to loading. 
Finally, we proposed that adequate food and water would have to be 
available to the livestock during this rest period.
    In the previous regulations in part 91, we had required livestock 
intended for export from the United States by sea or air to be allowed 
a period of at least 5 hours for rest at the export inspection facility 
associated with the port of embarkation, with adequate feed and water 
available, before movement to an ocean vessel or aircraft for loading 
for export, unless the livestock had food and water in the carrier that 
transported them to the export inspection facility, and they will reach 
the destination country within 36 hours after they were last fed and 
watered in the United States, or, if they are under 30 days of age, 
within 24 hours after they were last fed and watered in the United 
States.
    A number of commenters stated that our proposed minimum rest period 
was too short. Several of these commenters suggested that we maintain a 
rest period of at least 5 hours. One of the commenters suggested a 3 
hour minimum rest period. Another cited a peer-reviewed study that, in 
the commenter's opinion, suggested the need for a minimum rest period 
of 8 hours for livestock destined for export.\2\
---------------------------------------------------------------------------

    \2\ See: Knowles, T.G. 1998. A review of road transport of 
slaughter sheep. Veterinary Record 143:212-219. We refer to this 
article later in this document as Knowles.
---------------------------------------------------------------------------

    We are making no change in response to these comments. As several 
commenters pointed out, movement from the premises of export to the 
port of embarkation may be of relatively short duration. If, for 
example, livestock have traveled 90 minutes to the port of embarkation, 
a mandatory rest period that is two to four times as long as this 
travel time appears excessive. For livestock that have traveled a 
longer distance, as we stated in the proposed rule, it is not generally 
our experience that they appear taxed by movement from the premises of 
export to the port of embarkation, and usually need time merely to 
become limber for the rigors of sea or air travel.
    We disagree with the commenter who cited Knowles that the article 
suggests an 8-hour rest period is necessary for all ruminants. The 
article states that it pertains only to sheep destined to slaughter, 
and notes that, for other livestock moved for breeding or production 
purposes, ``welfare problems rarely arise'' that would suggest the need 
for significant rest, feed, and water. It also is worth noting that the 
article is from 1998, and examines conditions governing the transport 
of sheep to slaughter as these existed in the European Union during the 
1990s. We do not consider the article applicable to current livestock 
export practices in the United States.
    One commenter asked us whether a rest period of less than 5 hours 
would violate the 28 hour law.
    This rest period is distinct from any rest period that must be 
afforded to livestock under the 28 hour law.
    Finally, as we mentioned in our discussion of the comments received 
on proposed Sec.  91.7, we have modified Sec.  91.8, including its 
title, to clarify that it pertains only to animals inspected at an 
export inspection facility associated with the port of embarkation.
    As modified, it states that all livestock that are intended for 
export by air or sea and that will be inspected for export at an export 
inspection facility associated with the port of embarkation must be 
allowed a period of at least 2 hours rest at an export inspection prior 
to being loaded onto an ocean vessel or aircraft for export. Adequate 
food and water must be available to the livestock during the rest 
period. An inspector may extend the required rest period up to 5 hours, 
at his or her discretion and based on a determination that more rest is 
needed in order to have assurances that the animals are fit to travel 
prior to loading. Pre-export inspection of the animals must take place 
at the conclusion of this rest period.
Comments Regarding Proposed Sec.  91.11 (``Export Isolation 
Facilities'')
    In proposed Sec.  91.11, we proposed standards for APHIS approval 
of isolation facilities associated with the export of livestock from 
the United States. We stated that we considered such standards 
necessary because several importing countries require an ``officially 
approved'' or ``APHIS-approved'' period of isolation for livestock.
    One commenter stated that such isolation is solely a requirement of 
an importing country, rather than an APHIS requirement, and that 
establishing standards for export isolation facilities could be 
construed to suggest that APHIS has identified a need for such 
requirements to prevent the dissemination of pests and diseases of 
livestock within the United States. The commenter also pointed out that 
the isolation required for livestock destined for export differs from 
importing country to importing country, and sometimes from species to 
species, is usually highly prescriptive, and is subject to change. For 
these reasons, the commenter questioned the need for standards for 
export isolation facilities and suggested that we not finalize the 
section.
    We agree with the commenter that pre-export isolation is conducted 
solely to fulfill the requirements of an importing country, and is not 
required by APHIS for animal health purposes. We also agree with the 
commenter that the variety of export isolations required by foreign 
countries, as well as the prescriptive nature and mutability of those 
requirements, are significant impediments to establishing general 
standards for approval of export isolation facilities. Accordingly, we 
have decided not to finalize the section, as proposed.
    However, we do consider it necessary to specify in the section 
that, if an importing country requires export

[[Page 2976]]

isolation for livestock, such isolation must occur before the animals 
may be moved to a port of embarkation, and both the manner in which 
this isolation occurs and the facility at which it occurs must meet the 
requirements specified by the importing country.
    As a result of this revision, Sec.  91.11 does not contain 
conditions for APHIS approval of export isolation facilities. 
Accordingly, we have removed a reference to such approval that was in 
proposed Sec.  91.7.
    We have, however, retained the guidance in the Program Handbook 
regarding construction and operational standards for export isolation 
facilities. While this guidance is no longer tiered to a requirement of 
the regulations, it may aid exporters in fulfilling the requirements of 
an importing country regarding such isolation.
Comments Regarding Proposed Sec.  91.12 (``Ocean Vessels'')
    In proposed Sec.  91.12, we proposed requirements regarding the 
ocean vessels on which livestock are exported from the United States.
    In proposed paragraph (a) of Sec.  91.12, we proposed that such 
vessels would need to be inspected and certified prior to initial use 
to transport any livestock from the United States.
    We proposed that this certification would be valid for up to 3 
years; however, the ocean vessel would have to be recertified prior to 
transporting livestock any time significant changes are made to the 
vessel, including to livestock transport spaces or life support 
systems; any time a major life support system fails; any time species 
of livestock not covered by the existing certification are to be 
transported; and any time the owner or operator of the ocean vessel 
changes.
    Several commenters suggested that we should also require a vessel 
to be recertified if there is a significant mortality rate of livestock 
transported aboard the vessel during a particular voyage.
    The purpose of the inspection and certification is to determine 
whether an ocean vessel is suitable for the export of livestock. High 
livestock mortality rates during a particular voyage do not necessarily 
suggest that a vessel is unsuitable for the export of livestock. For 
example, they could be the result of significant and unforeseen adverse 
weather conditions.
    However, we do note that, under paragraph (f) of Sec.  91.12, the 
owner or operator of an ocean vessel is required to submit a written 
report to APHIS within 5 business days after completing a voyage. In 
the report, the owner or operator must document the number of each 
species that died and provide an explanation for those mortalities. The 
owner or operator must also document whether a major life support 
system failed during the voyage.
    If a significant number of the livestock aboard the vessel died 
during the voyage, and either the report indicates or APHIS has reason 
to believe that failure of a major life support system aboard the 
vessel directly contributed to the death of the livestock, the vessel 
will need to be recertified before it can be used again to export 
livestock from the United States.
    In proposed paragraph (c) of Sec.  91.12, we proposed feed and 
water requirements for livestock exported from the United States aboard 
ocean vessels. We proposed that sufficient feed and water would have to 
be provided to livestock aboard the ocean vessel, taking into 
consideration the livestock's species, body weight, the expected 
duration of the voyage, and the likelihood of adverse climatic 
conditions during transport.
    One commenter stated that we did not require that livestock must be 
fed during the voyage. Similarly, two commenters pointed out that the 
previous regulations in part 91 had required ocean vessels to provide 
livestock with feed and water immediately after the livestock are 
loaded onto the vessel unless an APHIS representative determines that 
all of the livestock are 30 days of age or older and the vessel will 
arrive in the country of destination within 36 hours after the 
livestock were last fed and watered within the United States, or, if 
any of the livestock in the shipment are younger than 30 days, that the 
vessel will arrive in the country of destination within 24 hours after 
the livestock were last fed and watered within the United States.
    One of the commenters acknowledged our rationale for proposing to 
remove this requirement from the regulations--that we have discovered 
that livestock can sometimes go more than 36 hours without feed or 
water without suffering duress--but also pointed out that we proposed 
to require livestock to have adequate access to feed and water during 
the voyage, and suggested that it is difficult to discern what adequate 
access to feed and water constitutes if livestock can go an indefinite 
amount of time aboard an ocean vessel without being fed or watered.
    The other commenter pointed out that the previous regulations 
ensured that livestock over 30 days old would be fed at least once 
within a 36 hour period, and that this previous requirement was itself 
significantly less stringent than the 28 hour law. The commenter 
suggested that, in this final rule, we should specify that livestock 
aboard an ocean vessel must be fed and watered within 36 hours of 
departure from the port of embarkation.
    In light of the concerns raised, we have modified paragraph (c) of 
Sec.  91.12 to specify that livestock aboard the vessel must be fed and 
watered within 28 hours of the time they were last fed and watered 
within the United States. This provision is generally consistent with 
the 28 hour law.
    A commenter stated that proposed paragraph (c) of Sec.  91.12 does 
not require ocean vessels to maintain a surplus of feed in the event 
that the voyage takes significantly longer than expected.
    In the Program Handbook that accompanied the proposed rule, we 
stated that, in order for us to consider feed maintained aboard an 
ocean vessel to be sufficient for a voyage, it would have to include a 
15 percent surplus for unforeseen circumstances.
    In proposed paragraph (d) of Sec.  91.12, we proposed general 
requirements for the accommodations for livestock exported from the 
United States by ocean vessel.
    In proposed paragraph (d)(1) of Sec.  91.12, we proposed 
requirements for pens for livestock.
    One commenter expressed concern that these proposed requirements 
did not require the pens to house species that are compatible with each 
other. The commenter pointed out that the World Organisation for Animal 
Health's (OIE's) standards for the transport of animals by sea 
recommend that animals that are likely to be hostile to other animals 
that are housed in the same pen should not be commingled.
    We have modified paragraph (d)(1) of Sec.  91.12 to specify that 
animals that may be hostile to each other may not be housed in the same 
pen.
    In proposed paragraph (d)(2) of Sec.  91.12, we proposed that 
livestock would have to be positioned during transport so that an 
animal handler or other responsible person could observe each animal 
regularly and clearly to ensure the livestock's safety and welfare.
    A commenter suggested that we modify the paragraph to require the 
animals to be observed at least once every 12 hours.
    In our experience, in order to provide routine care to livestock 
aboard ocean vessels, handlers observe the animals several times a day. 
Therefore, we do not consider it necessary to modify the paragraph to 
specify that the livestock must be observed at least once every 12 
hours.

[[Page 2977]]

    In proposed paragraph (d)(7) of Sec.  91.12, we proposed that the 
vessel must have a system or arrangements, including a backup system in 
working order or alternate arrangements, for managing waste to prevent 
excessive buildup in livestock transport spaces during the voyage.
    A commenter suggested modifying the paragraph to require the waste 
management system to have an alarm if the system malfunctions.
    Malfunctions to waste management systems tend to be easily 
detectable because of the odor of the waste. Provided that the vessel 
maintains a backup system in working order or has alternate 
arrangements, we do not consider it necessary that it also maintain an 
alarm in the event of a system malfunction.
    In proposed paragraph (d)(8) of Sec.  91.12, we proposed that the 
vessel must have adequate illumination to allow clear observation of 
the livestock during loading, unloading, and transport.
    A commenter suggested that we modify the paragraph to require the 
vessel to maintain a back-up lighting system.
    Ocean vessels are constructed with back-up lighting systems. 
Therefore, we do not consider it necessary to require them.
    In proposed paragraph (d)(12) of Sec.  91.12, we proposed that the 
owner or operator of the ocean vessel must have on board during 
loading, transport, and unloading at least 3 persons (or at least 1 
person if fewer than 800 head of livestock will be transported) with 
previous experience with ocean vessels that have handled the kind(s) of 
livestock to be carried, as well as a sufficient number of attendants 
with the appropriate experience to be able to ensure proper care of the 
livestock.
    Several commenters suggested that we require at least one of these 
personnel to be a licensed veterinarian. One of these commenters asked 
us to delineate what we meant by ``a sufficient number of attendants 
with the appropriate experience to be able to ensure proper care of the 
livestock,'' and asked whether we intended one of these attendants to 
be a veterinarian.
    We can foresee instances, such as a particularly short voyage to 
the importing country, when it may not be necessary for the vessel to 
have a veterinarian on board. However, we do agree that, for certain 
voyages, having a veterinarian on board may be necessary to ensure 
proper care of the livestock. Accordingly, in this final rule, we have 
modified paragraph (d)(12) of Sec.  91.12 to specify that the APHIS 
representative assigned to inspect the vessel prior to loading will 
determine whether the personnel aboard the vessel are sufficient and 
possess adequate experience, including, if necessary, veterinary 
experience, to ensure proper care of the livestock.
    A number of commenters suggested additional general requirements 
for ocean vessels.
    Several commenters suggested that we should require ocean vessels 
to maintain a means of humanely euthanizing sick or injured livestock 
aboard the vessel, and should require at least one of the personnel 
aboard the ship to be trained in humanely euthanizing livestock by 
using the means of euthanasia carried by the vessel.
    We have added such a requirement.
    Several commenters suggested that we should require ocean vessels 
to maintain an alarm system when major life support systems aboard the 
vessel malfunction.
    Malfunctioning major life support systems are usually easy to 
detect. However, we have added a requirement that the vessel must have 
replacement parts for major life support systems and the means, 
including qualified personnel, to make the repairs or replacements.
    Several commenters suggested that we require ocean vessels to have 
a system that monitors ammonia levels aboard the vessel and alerts 
personnel aboard the ship if the levels exceed certain thresholds.
    Excessive ammonia is easily detectable; therefore we do not 
consider such a requirement to be necessary.
    Several commenters suggested that we require ocean vessels to 
maintain a system to monitor temperature, humidity, and carbon monoxide 
levels aboard the vessel.
    Ocean vessels are constructed with such monitoring systems. 
Therefore, we do not consider such requirements to be necessary.
    A commenter suggested that we require ocean vessels to have fire 
extinguishers on each level that contains livestock.
    In 46 CFR 95.05-10, the United States Coast Guard requires shipping 
vessels to have fire extinguishers installed in all cargo compartments, 
unless they carry exclusively coal or grain in bulk.
    Finally, one commenter suggested that ocean vessels that export 
livestock maintain contingency plans for emergencies. The commenter 
pointed out that the OIE's standards for the transport of animals by 
sea suggest that ocean vessels maintain such plans.
    The OIE standards suggest that a ``major adverse event'' 
constitutes an emergency, but the standards do not define this term nor 
delineate the content of such plans. An ocean vessel may experience 
what we consider to be a major adverse event for any number of reasons, 
from adverse weather to system malfunctions to human error, and asking 
the vessel owner or operator to develop standard procedures for any 
major adverse event that could occur would place a significant 
paperwork burden on ocean vessel owners and operators.
    Accordingly, we consider it appropriate, instead, to require ocean 
vessel owners or operators to document major adverse events that led to 
livestock deaths aboard a particular voyage. Additionally, when the 
major adverse event was a failure to a major life support system, the 
vessel will have to be inspected and recertified by APHIS before it may 
be used to export livestock from the United States again.
    In proposed paragraph (e) of Sec.  91.12, we proposed that an 
inspector could exempt an ocean vessel that uses shipping containers to 
transport livestock to an importing country from the requirements in 
proposed paragraph (d) of Sec.  91.12, if the inspector determines that 
the containers themselves are designed, constructed, and managed in a 
manner to reasonably assure the livestock are protected from injury and 
remain healthy during loading, unloading, and transport to the 
importing country.
    Several commenters understood that the intent of the rule was to 
acknowledge that certain of the requirements in paragraph (d) of Sec.  
91.12 are not applicable to ocean vessels that use shipping containers. 
However, they questioned the breadth of the exemption, and stated that 
certain of the requirements in paragraph (d) of Sec.  91.12 are 
necessary to ensure that livestock exported from the United States 
remain healthy during the voyage to the importing country. Several of 
these commenters stated that, at a minimum, the requirements pertaining 
to feed and water, ventilation, and lighting, appear to be generally 
applicable to all ocean vessels used to export livestock.
    In proposed paragraph (e) of Sec.  91.12, we stated that guidance 
regarding the paragraph could be found in the Program Handbook that 
accompanied the proposed rule. In the Program Handbook, we provided 
guidance regarding the manner in which APHIS representatives would 
inspect ocean vessels that use shipping containers to transport 
livestock. We provided four areas that would be subject to particular

[[Page 2978]]

scrutiny: The size of the containers; the materials used to construct 
the containers; the waste management and ventilation systems in the 
containers; and the manner in which potable water would be provided to 
the livestock.
    Accordingly, it was not our intent to suggest that an inspector 
could exempt an ocean vessel that uses shipping containers from any of 
the requirements of paragraph (d) of Sec.  91.12 that he or she so 
chooses. The inspector could only exempt the vessel after determining 
that it had in place an alternate means of meeting the aim of the 
requirements in paragraph (d), which is to provide reasonable 
assurances that livestock are protected from injury and remain healthy 
during loading, unloading, and transport to the importing country.
    However, we do agree with the commenters that the paragraph should 
mention the particular areas that an inspector will evaluate as part of 
his or her inspection of ocean vessels that use shipping containers to 
transport livestock. Accordingly, we have modified paragraph (e) of 
Sec.  91.12 to specify that particular attention will be paid to the 
manner in which the containers are constructed, the space the 
containers afford to livestock transported within them, the manner in 
which the owner or operator of the vessel would provide feed and water 
to the animals in the containers, and the manner in which air and 
effluent are managed within the containers.
    As we mentioned earlier in this document, in proposed paragraph (f) 
of Sec.  91.12, we proposed that the owner or operator of any ocean 
vessel used to export livestock (including vessels that use shipping 
containers) from the United States would have to submit a written 
report to APHIS within 5 business days after completing a voyage. Among 
other information requirements, we proposed that the report would have 
to include the number of each species that died and an explanation for 
those mortalities.
    A commenter suggested that the report should also include the 
number of livestock injured during the voyage, and the nature of these 
injuries.
    Injuries could include minor wounds or abrasions from which the 
livestock recovered quickly during the voyage. Conversely, animals that 
suffered significant or debilitating injuries during the voyage are 
likely to have died or been humanely euthanized. Accordingly, we do not 
consider it necessary to maintain a report regarding all animals 
injured aboard the vessel.
    However, the commenter does identify a third category of animals 
that we did not consider in our proposed rule: Animals that sustained 
injuries or exhibited symptoms of illness that were significant enough 
to require medical attention from the personnel entrusted with care of 
the animals. Information regarding the number of such animals, as well 
as the nature of their injuries or illnesses, helps us interpret other 
aspects of the report accurately. Additionally, we have reason to 
believe that ocean vessels already maintain such information as part of 
their daily logs. We have modified paragraph (f) accordingly to specify 
that this information must be included in the report.
Comments Regarding Proposed Sec.  91.13 (``Aircraft'')
    In proposed Sec.  91.13, we proposed requirements regarding 
aircraft used to export livestock from the United States.
    A number of commenters pointed out that, unlike ocean vessels, we 
did not propose general requirements regarding accommodations for the 
humane transport of livestock aboard aircraft. The commenters suggested 
that we should add such requirements in this final rule.
    Unlike ocean vessels, an international trade association 
stringently regulates aircraft. The International Air Transport 
Association (IATA) represents more than 250 commercial airlines 
worldwide, including those used to export livestock from the United 
States. IATA's ``Live Animals Regulations'' set forth minimum space 
requirements, feed and water requirements, ambient temperature 
requirements, ventilation requirements, and handling requirements for 
aircraft that transport livestock. These requirements are at least as 
stringent as our requirements for ocean vessels.
    Additionally, we note that, in 14 CFR part 25, the Federal Aviation 
Administration has its own Federal requirements for airworthiness of 
aircraft used to transport people, animals, or cargo.
    Because of these existing regulations, we did not consider it 
necessary to propose our own regulations regarding accommodations for 
the humane transport of livestock aboard aircraft.

Comment Regarding the Program Handbook

    As we mentioned earlier in this document, we made a draft Program 
Handbook available along with the proposed rule. The Program Handbook 
provided guidance and other information regarding the proposed 
regulations. In instances in which the proposed regulations specified a 
performance or construction standard, the Program Handbook provided a 
means of meeting that performance or construction standard.
    One commenter expressed concern that we would change the guidance 
in the Program Handbook arbitrarily, and without an opportunity for 
public participation.
    It is Agency policy to take public comment on proposed substantive 
changes to Program standards and similar policy documents.

Miscellaneous

    In paragraph (e) of Sec.  91.3, we proposed that an original signed 
export health certificate would have to accompany livestock destined 
for export for the entire duration of movement from the premises of 
export to their port of embarkation or land border port, except when 
the export health certificate had been issued and endorsed 
electronically. Similarly, we also proposed that, except when an export 
health certificate had been issued and endorsed electronically, the 
original signed export health certificate would have to accompany 
animals other than livestock, animal semen, animal embryos, hatching 
eggs, other embryonated eggs, or gametes destined for export to their 
port of embarkation or land border port.
    The intent of these provisions was to clarify that the means of 
issuing and endorsing an electronic export health certificate differs 
from the means of issuing and endorsing a paper-based export health 
certificate. However, we realize that the provisions could also be 
construed to mean that, if an export health certificate is issued and 
endorsed electronically, no export health certificate needs to 
accompany the animals or commodities destined for export or otherwise 
be available for review when the animals or commodities arrive at their 
port of embarkation or land border port.
    This is not necessarily the case. Some importing countries require 
a paper-based export health certificate to accompany the animals or 
commodities destined for export, even if the export health certificate 
was issued and endorsed electronically. Other countries recognize 
electronically issued and endorsed export health certificates, but 
require them to accompany the animals or commodities destined for 
export.
    Additionally, some importing countries allow the export health 
certificate for certain commodities to be issued and endorsed at the 
port of embarkation or land border port, regardless of the means of 
issuance and endorsement.

[[Page 2979]]

    Accordingly, we have modified paragraph (e) of Sec.  91.3 in this 
final rule. The paragraph now provides that an export health 
certificate for livestock must be issued and endorsed before the 
livestock move from the premises of export, and an export health 
certificate for animals other than livestock or other commodities must 
be issued and, if required by the importing country, endorsed by an 
APHIS representative prior to departure of the animals from the port of 
embarkation or the crossing of the land border port.
    In light of this modification, we have also modified paragraph 
(a)(1) of Sec.  91.3 to specify that livestock must have an endorsed 
export health certificate in order to be eligible for export from the 
United States. In the proposed rule, we did not indicate that the 
export health certificate needs to be endorsed.
    In proposed paragraph (b) of Sec.  91.6, we proposed that livestock 
for export could be unloaded only into a facility which has been 
cleaned and disinfected in the presence of an APHIS representative or 
an accredited veterinarian. We also proposed that a statement 
certifying to such action would have to be attached to the export 
health certificate by the APHIS representative or accredited 
veterinarian.
    While this proposed requirement was also in the previous 
regulations in part 91, operationally we have long allowed facilities 
to be cleaned and disinfected without the presence of an APHIS 
representative or accredited veterinarian, provided that an APHIS 
representative or accredited veterinarian inspects the cleaned and 
disinfected facility, certifies that he or she has conducted this 
inspection, and attaches a statement certifying to this action. Whether 
an APHIS representative or accredited veterinarian conducts this 
inspection depends on the requirements of the importing country. In 
this final rule, we have revised paragraph (b) of Sec.  91.6 to reflect 
this long-standing operational practice.
    In proposed paragraph (b) of Sec.  91.7, we proposed that, if, as a 
result of pre-export inspection, the APHIS veterinarian inspecting the 
animals deems clinical examination to be necessary to determine the 
animal's health, any testing or treatment related to this clinical 
examination would have to be conducted by an APHIS veterinarian or an 
accredited veterinarian.
    In reviewing the proposed rule, we realized that this requirement 
could be construed to suggest that APHIS provides treatment as part of 
our clinical examinations. We do not. Rather, we coordinate with a 
licensed veterinarian; it is this veterinarian who provides the 
treatment. In this final rule, we have modified paragraph (b) of Sec.  
91.7 to make this clear.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. This 
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 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. 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 rule amends 9 CFR part 91, which contains requirements for the 
inspection and handling of livestock (cattle, horses, captive cervids, 
sheep, goats, and swine) to be exported from the United States. Among 
other things, the rule removes some prescriptive requirements 
applicable to livestock, either completely or by replacing them with 
performance standards, and makes other adjustments in inspection and 
handling requirements to assist exporters. These changes will provide 
APHIS and exporters more flexibility in arranging for the export of 
livestock from the United States while continuing to ensure the 
animals' health and welfare.
    The rule also adds requirements for individual identification of 
livestock intended for export. The rule also specifies that, if APHIS 
knows that an importing country requires an export health certificate 
endorsed by the competent veterinary authority of the United States for 
any animal other than livestock, including pets, or for any hatching 
eggs or animal germplasm, the animal, hatching eggs, or animal 
germplasm must have such a health certificate to be eligible for export 
from the United States. These changes will help ensure that all live 
animals, hatching eggs, and animal germplasm exported from the United 
States meet the health requirements of the countries to which they are 
destined and that APHIS has assurances regarding their health and 
welfare at the time of export.
    Entities directly affected by this rule include exporters of live 
animals, hatching eggs, and animal germplasm. While we do not know the 
size distribution of these exporters, we expect that the majority are 
small by Small Business Administration standards, given the prevalence 
of small entities among livestock producers. Operators of export 
inspection facilities, export isolation facilities within 28 hours 
driving distance from a port of embarkation, and ocean vessels would 
also be directly affected. These industries are also largely composed 
of small businesses. The provisions of the rule would facilitate the 
export process for affected parties.

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 2 CFR chapter IV.)

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 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 final rule, which were 
filed under 0579-0432, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

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 final rule, please contact Ms. Kimberly 
Hardy, APHIS' Information

[[Page 2980]]

Collection Coordinator, at (301) 851-2727.

List of Subjects in 9 CFR Part 91

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

    Accordingly, we are revising 9 CFR part 91 to read as follows:

PART 91--EXPORTATION OF LIVE ANIMALS, HATCHING EGGS OR OTHER 
EMBRYONATED EGGS, ANIMAL SEMEN, ANIMAL EMBRYOS, AND GAMETES FROM 
THE UNITED STATES

Subpart A--General Provisions
Sec.
91.1 Definitions.
91.2 Applicability.
91.3 General requirements.
91.4 Prohibited exports.
Subpart B--Livestock
91.5 Identification of livestock intended for export.
91.6 Cleaning and disinfection of means of conveyance, containers, 
and facilities used during movement; approved disinfectants.
91.7 Pre-export inspection.
91.8 Rest, feed, and water at an export inspection facility 
associated with the port of embarkation prior to export.
91.9 Ports.
91.10 Export inspection facilities.
91.11 Export isolation.
91.12 Ocean vessels.
91.13 Aircraft.
91.14 Other movements and conditions.

    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.

Subpart A--General Provisions


Sec.  91.1  Definitions.

    As used in this part, the following terms will have the meanings 
set forth in this section:
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
functions specified in parts 1, 2, 3, and 11 of subchapter A, and 
subchapters B, C, and D of this chapter, and to perform functions 
required by cooperative State-Federal disease control and eradication 
programs.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Animal. Any member of the animal kingdom (except a human).
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative. An individual who is authorized by APHIS to 
perform the function involved.
    Date of export. The date animals intended for export are loaded 
onto an ocean vessel or aircraft or, if moved by land to Canada or 
Mexico, the date the animals cross the border.
    Export health certificate. An official document issued in the 
United States that certifies that animals or other commodities listed 
on the certificate meet the export requirements of this part and the 
importing country.
    Export inspection facility. A facility that is affiliated with a 
port of embarkation and that has been approved by the Administrator as 
the location where APHIS will conduct health inspections of livestock 
before they are loaded onto ocean vessels or aircraft for export from 
the United States.
    Export isolation facility. A facility where animals intended for 
export are isolated from other animals for a period of time immediately 
before being moved for export.
    Horses. Horses, mules, and asses.
    Inspector. An individual authorized by APHIS to inspect animals 
and/or animal products intended for export from the United States.
    Livestock. Horses, cattle (including American bison), captive 
cervids, sheep, swine, and goats, regardless of intended use.
    Premises of export. The premises where the animals intended for 
export are isolated as required by the importing country prior to 
export or, if the importing country does not require pre-export 
isolation, the farm or other premises where the animals are assembled 
for pre-export inspection and/or testing, or the germplasm is collected 
or stored, before being moved to a port of embarkation or land border 
port.
    Program diseases. Diseases for which there are cooperative State-
Federal programs and domestic regulations in subchapter C of this 
chapter.
    Program Handbook. A document that contains guidance and other 
information related to the regulations in this part. The Program 
Handbook is available on APHIS' import-export Web site (http://www.aphis.usda.gov/import_export/index.shtml).
    State of origin. The State in which the premises of export is 
located.


Sec.  91.2  Applicability.

    You may not export any animal or animal germplasm from the United 
States except in compliance with this part.


Sec.  91.3  General requirements.

    (a) Issuance of export health certificates. (1) Livestock must have 
an endorsed export health certificate in order to be eligible for 
export from the United States.
    (2) If APHIS knows that an import country requires an export health 
certificate endorsed by the competent veterinary authority of the 
United States for any animal other than livestock or for any animal 
semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes intended for export to that country, the animal or other 
commodity must have an endorsed export health certificate in order to 
be eligible for export from the United States.
    (b) Content of export health certificates--(1) Livestock; minimum 
requirements. Regardless of the requirements of the importing country, 
at a minimum, the following information must be contained on an export 
health certificate for livestock:
    (i) The species of each animal.
    (ii) The breed of each animal.
    (iii) The sex of each animal.
    (iv) The age of each animal.
    (v) The individual identification of the animals as required by 
Sec.  91.5.
    (vi) The importing country.
    (vii) The consignor.
    (viii) The consignee.
    (ix) A certification that an accredited veterinarian inspected the 
livestock and found them to be fit for export.
    (x) A signature and date by an accredited veterinarian.
    (xi) An endorsement by the APHIS veterinarian responsible for the 
State of origin.
    (2) Livestock; additional requirements. In addition to the minimum 
requirements in paragraph (b)(1) of this section, the export health 
certificate must meet any other information or issuance requirements 
specified by the importing country.
    (3) Animals other than livestock, animal semen, animal embryos, 
hatching eggs, other embryonated eggs, and gametes. Export health 
certificates for animals other than livestock, animal semen, animal 
embryos, hatching eggs, other embryonated eggs, and gametes must meet 
any information requirements specified by the importing country.
    (c) Inspection requirements for livestock. In order to be eligible 
for export, livestock must be inspected within the timeframe required 
by the importing country. If the importing country does not specify a 
timeframe, the livestock must be inspected within 30 days prior to the 
date of export.
    (d) Testing requirements for livestock. All samples for tests of 
livestock that are

[[Page 2981]]

required by the importing country must be taken by an APHIS 
representative or accredited veterinarian. The samples must be taken 
and tests made within the timeframe allowed by the importing country 
and, if specified, at the location required by the importing country. 
If the importing country does not specify a timeframe, the samples must 
be taken and tests made within 30 days prior to the date of export, 
except that tuberculin tests may be conducted within 90 days prior to 
the date of export. All tests for program diseases must be made in 
laboratories and using methods approved by the Administrator for those 
diseases. The Program Handbook contains a link to an APHIS Web site 
that lists laboratories approved to conduct tests for specific 
diseases. Approved methods are those specified or otherwise 
incorporated within the domestic regulations in subchapter C of this 
chapter.
    (e) Movement of livestock, animals other than livestock, animal 
semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes with an export health certificate--(1) Livestock. An export 
health certificate for livestock must be issued and endorsed before the 
livestock move from the premises of export.
    (2) Animals other than livestock, animal semen, animal embryos, 
hatching eggs, other embryonated eggs, and gametes. When an export 
health certificate is required by the importing country for any animal 
other than livestock or for animal semen, animal embryos, hatching 
eggs, other embryonated eggs, or gametes, it must be issued and, if 
required by the importing country, endorsed by an APHIS representative 
prior to departure of the animal or other commodity from the port of 
embarkation or the crossing of the land border port. When presented for 
endorsement, the health certificate must be accompanied by reports for 
all laboratory tests specifically identified on the certificate. The 
laboratory reports must either be the originals prepared by the 
laboratory that performed the tests or must be annotated by the 
laboratory that performed the test to indicate how the reports may be 
verified.
    (f) Validity of export health certificate--(1) Livestock. Unless 
specified by the importing country, the export health certificate is 
valid for 30 days from the date of issuance, provided that the 
inspection and test results under paragraphs (c) and (d) of this 
section are still valid.
    (2) Animals other than livestock, animal semen, animal embryos, 
hatching eggs, other embryonated eggs, and gametes. Unless specified by 
the importing country, the export health certificate is valid for 30 
days from the date of issuance.


(Approved by the Office of Management and Budget under control number 
0579-0432)


Sec.  91.4  Prohibited exports.

    No animal, animal semen, animal embryos, hatching eggs, other 
embryonated eggs, or gametes under Federal, State, or local government 
quarantine or movement restrictions for animal health reasons may be 
exported from the United States unless the importing country issues an 
import permit or other written instruction allowing entry of the 
animal, animal semen, animal embryos, hatching eggs, other embryonated 
eggs, or gametes, and APHIS concurs with the export of the animal, 
animal semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes.

Subpart B--Livestock


Sec.  91.5  Identification of livestock intended for export.

    Livestock that are intended for export must be identified in a 
manner that allows individual animals to be correlated to the animals 
listed in the export health certificate. If the importing country 
requires a specific or an additional form of identification, the 
livestock must also bear that form of identification.


(Approved by the Office of Management and Budget under control number 
0579-0432)


Sec.  91.6  Cleaning and disinfection of means of conveyance, 
containers, and facilities used during movement; approved 
disinfectants.

    (a) All export health certificates for livestock must be 
accompanied by a statement issued by an APHIS representative and/or 
accredited veterinarian that the means of conveyance or container in 
which the livestock will be transported from the premises of export has 
been cleaned and disinfected prior to loading the livestock with a 
disinfectant approved by the Administrator for purposes of this section 
or by a statement that the means of conveyance or container was not 
previously used to transport animals.
    (b) Livestock moved for export may be unloaded only into a facility 
which has been cleaned and disinfected prior to such unloading with a 
disinfectant approved by the Administrator for purposes of this 
section, and has subsequently been inspected by an APHIS representative 
or accredited veterinarian. A statement certifying to such action must 
be attached to the export health certificate by the APHIS 
representative or accredited veterinarian.
    (c) Approved disinfectants. The Administrator will approve a 
disinfectant for purposes of this section upon determining that the 
disinfectant is effective against pathogens that may be spread by the 
animals intended for export and, if the disinfectant is a chemical 
disinfectant, that it is registered or exempted for the specified use 
by the U.S. Environmental Protection Agency. The Program Handbook 
provides access to a list of disinfectants approved by the 
Administrator for use as required by this section. Other disinfectants 
may also be approved by the Administrator in accordance with this 
paragraph. The Administrator will withdraw approval of a disinfectant, 
and remove it from the list of approved disinfectants, if the 
disinfectant no longer meets the conditions for approval in this 
section.


(Approved by the Office of Management and Budget under control number 
0579-0432)


Sec.  91.7  Pre-export inspection.

    (a) All livestock intended for export by air or sea must receive a 
visual health inspection from an APHIS veterinarian within 48 hours 
prior to embarkation, unless the importing country specifies otherwise. 
The purpose of the inspection is to determine whether the livestock are 
sound, healthy, and fit to travel. The APHIS veterinarian will reject 
for export any livestock that he or she finds unfit to travel. The 
owner of the animals or the owner's agent must make arrangements for 
any livestock found unfit to travel. Livestock that are unfit to travel 
include, but are not limited to:
    (1) Livestock that are sick, injured, weak, disabled, or fatigued;
    (2) Livestock that are unable to stand unaided or bear weight on 
each leg;
    (3) Livestock that are blind in both eyes;
    (4) Livestock that cannot be moved without causing additional 
suffering;
    (5) Newborn livestock with an unhealed navel;
    (6) Livestock that have given birth within the previous 48 hours 
and are traveling without their offspring;
    (7) Pregnant livestock that would be in the final 10 percent of 
their gestation period at the planned time of unloading in the 
importing country; and
    (8) Livestock with unhealed wounds from recent surgical procedures, 
such as dehorning.
    (b) The APHIS veterinarian must conduct the inspection at the 
export

[[Page 2982]]

inspection facility associated with the port of embarkation of the 
livestock; at an export isolation facility, when authorized by the 
Administrator in accordance with paragraph (c) of this section; or at 
an export inspection facility other than the facility associated with 
the port of embarkation, when authorized by the Administrator in 
accordance with paragraph (d) of this section. Unless APHIS has 
authorized otherwise, any sorting, grouping, identification, or other 
handling of the livestock by the exporter must be done before this 
inspection. The APHIS veterinarian may also conduct clinical 
examination, including testing, of any livestock during or after this 
inspection if he or she deems it necessary in order to determine the 
animal's health. Any treatment related to this clinical examination 
performed on the animal must be performed by a licensed veterinarian. 
Finally, if the facility used to conduct the inspection is a facility 
other than the export inspection facility associated with the port of 
embarkation, it must be located within 28 hours driving distance under 
normal driving conditions from the port of embarkation; livestock must 
be afforded at least 48 hours rest, with sufficient feed and water 
during that time period, prior to the pre-export inspection; and the 
exporter must maintain contact information for a veterinarian licensed 
in the State of embarkation to perform emergency medical services, as 
needed, on the animals intended for export.
    (c) Conditions for approval of pre-export inspection at an export 
isolation facility. (1) The Administrator may allow pre-export 
inspection of livestock to be conducted at an export isolation 
facility, rather than at an export inspection facility, when the 
exporter can show to the satisfaction of the Administrator that the 
livestock would suffer undue hardship if they had to be inspected at 
the export inspection facility, when the distance from the export 
isolation facility to the port of embarkation is significantly less 
than the distance from the export isolation facility to the export 
inspection facility associated with the port of embarkation, when 
inspection at the export isolation facility would be a more efficient 
use of APHIS resources, or for other reasons acceptable to the 
Administrator.
    (2) The Administrator's approval is contingent upon APHIS having 
personnel available to provide services at that location. Approval is 
also contingent upon the Administrator determining that the facility 
has space, lighting, and humane means of handling livestock sufficient 
for the APHIS personnel to safely conduct required inspections. The 
Program Handbook contains guidance on ways to meet these requirements. 
Owners and operators may submit alternative plans for meeting the 
requirements to APHIS for evaluation and approval. Alternatives must be 
at least as effective in meeting the requirements as those described in 
the Program Handbook in order to be approved. Alternate plans must be 
approved by APHIS before the facility may be used for purposes of this 
section.
    (d) The Administrator may allow pre-export inspection of livestock 
to be conducted at an export inspection facility other than the export 
inspection facility associated with the port of embarkation when the 
exporter can show to the satisfaction of the Administrator that the 
livestock would suffer undue hardship if they had to be inspected at 
the export inspection facility associated with the port of embarkation, 
when inspection at this different export inspection facility would be a 
more efficient use of APHIS resources, or for other reasons acceptable 
to the Administrator.
    (e) The APHIS veterinarian will maintain an inspection record that 
includes the date and place of the pre-export inspection, species and 
number of animals inspected, the number of animals rejected, a 
description of those animals, and the reasons for rejection.
    (f) If requested by the importing country or an exporter, the APHIS 
veterinarian who inspects the livestock will issue a certificate of 
inspection for livestock he or she finds to be sound, healthy, and fit 
to travel.


Sec.  91.8  Rest, feed, and water at an export inspection facility 
associated with the port of embarkation prior to export.

    All livestock that are intended for export by air or sea and that 
will be inspected for export at an export inspection facility 
associated with the port of embarkation must be allowed a period of at 
least 2 hours rest at an export inspection facility prior to being 
loaded onto an ocean vessel or aircraft for export. Adequate food and 
water must be available to the livestock during the rest period. An 
inspector may extend the required rest period up to 5 hours, at his or 
her discretion and based on a determination that more rest is needed in 
order to have assurances that the animals are fit to travel prior to 
loading. Pre-export inspection of the animals must take place at the 
conclusion of this rest period.


Sec.  91.9  Ports.

    (a) Except as provided in paragraph (b) of this section, livestock 
exported by air or sea may be exported only through ports designated as 
ports of embarkation by the Administrator. Any port that has an export 
inspection facility that meets the requirements of Sec.  91.10 
permanently associated with it is designated as a port of embarkation. 
The Program Handbook contains a list of designated ports of 
embarkation. A list may also be obtained from a Veterinary Services 
area office. Information on area offices is available on APHIS' import-
export Web site (http://www.aphis.usda.gov/import_export/index.shtml).
    (b) The Administrator may approve other ports for the exportation 
of livestock on a temporary basis with the concurrence of the port 
director. The Administrator will grant such temporary approvals only 
for a specific shipment of livestock, and only if pre-export inspection 
of that shipment has occurred at an export isolation facility or an 
export inspection facility not associated with the port of embarkation, 
as provided in Sec.  91.7.
    (c) Temporarily approved ports of embarkation will not be added to 
the list of designated ports of embarkation and are only approved for 
the time period and shipment conditions specified by APHIS at the time 
of approval.


(Approved by the Office of Management and Budget under control number 
0579-0432)


Sec.  91.10  Export inspection facilities.

    (a) Export inspection facilities must be approved by the 
Administrator before they may be used for any livestock intended for 
export. The Administrator will approve an export inspection facility 
upon determining that it meets the requirements in paragraph (b) of 
this section. This approval remains in effect unless it is revoked in 
accordance with paragraph (c) of this section, or unless any of the 
following occur, in which case reapproval must be sought:
    (1) The owner of the facility changes.
    (2) Significant damage to the facility occurs or significant 
structural changes are made to the facility.
    (b)(1) Export inspection facilities must be constructed, equipped, 
and managed in a manner that prevents transmission of disease to and 
from livestock in the facilities, provides for the safe and humane 
handling and restraint of livestock, and provides sufficient offices, 
space, and lighting for APHIS veterinarians to safely conduct required 
health inspections of livestock and related business. The Program 
Handbook contains guidance on ways to meet these requirements. Owners 
and operators may submit alternative plans for meeting the requirements 
to APHIS

[[Page 2983]]

for evaluation and approval; the address to which to submit such 
alternatives is contained in the Program Handbook. Alternatives must be 
at least as effective in meeting the requirements as the methods 
described in the Program Handbook in order to be approved. Alternatives 
must be approved by APHIS before being used for purposes of this 
section.
    (2) For the purposes of approval or a subsequent audit, APHIS 
representatives must have access to all areas of the facility during 
the facility's business hours to evaluate compliance with the 
requirements of this section.
    (3) The application for approval of an export inspection facility 
must be accompanied by a certification from the authorities having 
jurisdiction over environmental affairs in the locality of the 
facility. The certification must state that the facility complies with 
any applicable requirements of the State and local governments, and the 
U.S. Environmental Protection Agency regarding disposal of animal 
wastes.
    (c) The Administrator will deny or revoke approval of an export 
inspection facility for failure to meet the requirements in paragraph 
(b) of this section.
    (1) APHIS will conduct site inspections of approved export 
inspection facilities at least once a year for continued compliance 
with the standards. If a facility fails to pass the inspection, the 
Administrator may revoke its approval. If the Administrator revokes 
approval for a facility that serves a designated port of embarkation, 
the Administrator may also remove that port from the list of designated 
ports of embarkation.
    (2) APHIS will provide written notice of any proposed denial or 
revocation to the operator of the facility, who will be given an 
opportunity to present his or her views on the issues before a final 
decision is made. The notice will list any deficiencies in detail. 
APHIS will provide notice of pending revocations at least 60 days 
before the revocation is scheduled to take effect, but may suspend 
facility operations before that date and before any consideration of 
objections by the facility operator if the Administrator determines the 
suspension is necessary to protect animal health or public health, 
interest, or safety. The operator of any facility whose approval is 
denied or revoked may request another inspection after remedying the 
deficiencies.


Sec.  91.11  Export isolation.

    If an importing country requires export isolation for livestock, 
such isolation must occur before the animals may be moved to a port of 
embarkation, and both the manner in which this isolation occurs and the 
facility at which it occurs must meet the requirements specified by the 
importing country.


Sec.  91.12  Ocean vessels.

    (a) Inspection of the ocean vessel--(1) Certification to carry 
livestock. Ocean vessels must be certified by APHIS prior to initial 
use to transport any livestock from the United States. The owner or the 
operator of the ocean vessel must make arrangements prior to the 
vessel's arrival at a designated port of embarkation in the United 
States for an APHIS representative to inspect the vessel while it is at 
that port of embarkation. Alternatively, at the discretion of the 
Administrator and upon request of the exporter, transporting company, 
or their agent, the inspection may be done at a foreign port. If APHIS 
determines that the ocean vessel meets the requirements of paragraph 
(d) of this section, APHIS will certify the vessel to transport 
livestock from the United States. APHIS may certify a vessel that does 
not meet all of the requirements in paragraph (d), provided that an 
exemption from the requirements the vessel does not meet has been 
granted to the vessel pursuant to paragraph (e) of this section. The 
certification will specify the species of livestock for which the 
vessel is approved. The certification will be valid for up to 3 years; 
however, the ocean vessel must be recertified prior to transporting 
livestock any time significant changes are made to the vessel, 
including to livestock transport spaces or life support systems; any 
time a major life support system fails; any time species of livestock 
not covered by the existing certification are to be transported; and 
any time the owner or operator of the ocean vessel changes. The owner 
or operator of the vessel must present the following documentation to 
APHIS prior to its initial inspection for certification and when 
requested by APHIS prior to subsequent inspections for recertification:
    (i) General information about the vessel, including year built, 
length and breadth, vessel name history, port of registry, call sign, 
maximum and average speed, fresh water tank capacity and fresh water 
generation rate, and feed silo capacity (if the vessel has a silo);
    (ii) A notarized statement from an engineer concerning the rate of 
air exchange in each compartment of the vessel;
    (iii) The species of livestock that the vessel would transport;
    (iv) Scale drawings that provide details of the design, materials, 
and methods of construction and arrangement of fittings for the 
containment and movement of livestock; provisions for the storage and 
distribution of feed and water; drainage arrangements; primary and 
secondary sources of power; and lighting;
    (v) A photograph of the rails and gates of any pens;
    (vi) A description of the flooring surface on the livestock decks; 
and
    (vii) The following measurements: Width of the ramps; the clear 
height from the ramps to the lowest overhead structures; the incline 
between the ramps and the horizontal plane; the distance between 
footlocks on the ramps; the height of side fencing on the ramps; the 
height of the vessel's side doors through which livestock are loaded; 
the width of alleyways running fore and aft between livestock pens; and 
the distance from the floor of the livestock pens to the beams or 
lowest structures overhead.
    (2) Prior to each voyage. Prior to loading any livestock intended 
for export from the United States, an APHIS representative must inspect 
the vessel to confirm that the ocean vessel has been adequately cleaned 
and disinfected as required by paragraph (b) of this section, has 
sufficient food and water for the voyage as required by paragraph (c) 
of this section, and continues to meet the requirements of paragraph 
(d) of this section. APHIS will schedule the inspection after the owner 
or operator of the ocean vessel provides the following information:
    (i) The name of the ocean vessel;
    (ii) The port, date, and time the ocean vessel will be available 
for inspection, and estimated time that loading will begin;
    (iii) A description of the livestock to be transported, including 
the type, number, and estimated average weight of the livestock;
    (iv) Stability data for the ocean vessel with livestock on board;
    (v) The port of discharge; and
    (vi) The route and expected length of the voyage.
    (3) The information in paragraphs (a)(2)(i) through (a)(2)(vi) must 
be provided at least 72 hours before the vessel will be available for 
inspection.
    (b) Cleaning and disinfection. (1) Any ocean vessel intended for 
use in exporting livestock, and all fittings, utensils, containers, and 
equipment (unless new) used for loading, stowing, or other handling of 
livestock aboard the vessel must be thoroughly cleaned and

[[Page 2984]]

disinfected to the satisfaction of an APHIS representative prior to any 
livestock being loaded. The disinfectant must be approved by the 
Administrator. Guidance on cleaning and disinfecting ocean vessels may 
be found in the Program Handbook.
    (2) The Administrator will approve a disinfectant for the purposes 
of this paragraph upon determining that the disinfectant is effective 
against pathogens that may be spread by the animals and, if the 
disinfectant is a chemical disinfectant, that it is registered or 
exempted for the specified use by the U.S. Environmental Protection 
Agency. The Program Handbook provides access to a list of disinfectants 
approved by the Administrator. Other disinfectants may also be approved 
by the Administrator in accordance with this paragraph. The 
Administrator will withdraw approval of a disinfectant, and remove it 
from the list of approved disinfectants in the Program Handbook, if the 
disinfectant no longer meets the conditions for approval in this 
section.
    (3) All ocean vessels, upon docking at a U.S. port to load 
livestock, must have disinfectant foot baths at entryways where persons 
board and exit the ocean vessel, and require such baths before allowing 
any person to disembark.
    (c) Feed and water. Sufficient feed and water must be provided to 
livestock aboard the ocean vessel, taking into consideration the 
livestock's species, body weight, the expected duration of the voyage, 
and the likelihood of adverse climatic conditions during transport. 
Guidance on this requirement may be found in the Program Handbook. 
Livestock aboard the vessel must be provided feed and water within 28 
hours of the time they were last fed and watered within the United 
States.
    (d) Accommodations for the humane transport of livestock; general 
requirements. Ocean vessels used to transport livestock intended for 
export must be designed, constructed, and managed to reasonably assure 
the livestock are protected from injury and remain healthy during 
loading and transport to the importing country. Except as provided 
below in paragraph (e) of this section, no livestock may be loaded onto 
an ocean vessel unless, in the opinion of an APHIS representative, the 
ocean vessel meets the requirements of this section. The Program 
Handbook contains guidance on ways to meet the requirements. Owners and 
operators may submit alternative means and methods for meeting the 
requirements to APHIS for evaluation and approval. Alternatives must be 
at least as effective in meeting the requirements as those described in 
the Program Handbook in order to be approved. Alternatives must be 
approved by APHIS before being used for purposes of this section.
    (1) Pens. All pens, including gates and portable rails used to 
close access ways, must be designed and constructed of material of 
sufficient strength to securely contain the livestock. They must be 
properly formed, closely fitted, and rigidly secured in place. They 
must have smooth finished surfaces free from sharp protrusions. They 
must not have worn, decayed, unsound, or otherwise defective parts. 
Flooring must be strong enough to support the livestock to be 
transported and provide a satisfactory non-slip foothold. Pens on 
exposed upper decks must protect the livestock from the weather. Pens 
next to engine or boiler rooms or similar sources of heat must be 
fitted to protect the livestock from injury due to transfer of heat to 
the livestock or livestock transport spaces. Any fittings or 
protrusions from the vessel's sides that abut pens must be covered to 
protect the livestock from injury. Pens must be of appropriate size for 
the species, size, weight, and condition of the livestock being 
transported and take into consideration the vessel's route. Animals 
that may be hostile to each other may not be housed in the same pen.
    (2) Positioning. Livestock must be positioned during transport so 
that an animal handler or other responsible person can observe each 
animal regularly and clearly to ensure the livestock's safety and 
welfare.
    (3) Resources for sick or injured animals. The vessel must have an 
adequate number of appropriately sized and located pens set aside to 
segregate livestock that become sick or injured from other animals. It 
must also have adequate veterinary medical supplies, including 
medicines, for the species, condition, and number of livestock 
transported.
    (4) Ramps, doors, and passageways. Ramps, doors, and passageways 
used for livestock must be of sufficient width and height for their use 
and allow the safe passage of the species transported. They must have 
secure, smooth fittings free from sharp protrusions and non-slip 
flooring, and must not have worn, decayed, unsound, or otherwise 
defective parts. Ramps must not have an incline that is excessive for 
the species of livestock transported and must be fitted with foot 
battens to prevent slippage at intervals suitable for the species. The 
sides of ramps must be of sufficient height and strength to prevent 
escape of the species of livestock transported.
    (5) Feed and water. The feeding and watering system must be 
designed to permit all livestock in each pen adequate access to feed 
and water. The system must also be designed to minimize soiling of pens 
and to prevent animal waste from contaminating feed and water. 
Similarly, feed must be loaded and stored aboard the vessel in a manner 
that protects it from weather and sea water and, if kept under animal 
transport spaces, protects it from spillage from animal watering and 
feeding and from animal waste. If the normal means of tending, feeding, 
and watering of livestock on board the ocean vessel is wholly or 
partially by automatic means, the vessel must have alternative 
arrangements for the satisfactory tending, feeding, and watering of the 
animals in the event of a malfunction of the automatic means.
    (6) Ventilation. Ventilation during loading, unloading, and 
transport must provide fresh air and remove excessive heat, humidity, 
and noxious fumes (such as ammonia and carbon dioxide). Ventilation 
must be adequate for variations in climate and weather and to meet the 
needs of the livestock being transported. Ventilation must be effective 
both when the vessel is stationary and when it is moving and must be 
turned on when the first animal is loaded. The vessel must have on 
board a back-up ventilation system (including emergency power supply) 
in good working order or replacement parts and the means, including 
qualified personnel, to make the repairs or replacements.
    (7) Waste management. The vessel must have a system or 
arrangements, including a backup system in working order or alternate 
arrangements, for managing waste to prevent excessive buildup in 
livestock transport spaces during the voyage.
    (8) Lighting. The vessel must have adequate illumination to allow 
clear observation of livestock during loading, unloading, and 
transport.
    (9) Bedding. Bedding must be loaded and stored aboard the vessel in 
a manner that protects it from weather and sea water and, if kept under 
animal transport spaces, protects it from spillage from animal watering 
and feeding and from animal waste.
    (10) Cleaning. The vessel must be designed and constructed to allow 
thorough cleaning and disinfection and to prevent feces and urine from 
livestock on upper levels from soiling livestock or their feed or water 
on lower levels.
    (11) Halters and ropes. Halters, ropes, or other equipment provided 
for the handling and tying of horses or other

[[Page 2985]]

livestock must be satisfactory to ensure the humane treatment of the 
livestock.
    (12) Personnel. The owner or operator of the ocean vessel must have 
on board during loading, transport, and unloading at least 3 persons 
(or at least 1 person if fewer than 800 head of livestock will be 
transported) with previous experience with ocean vessels that have 
handled the kind(s) of livestock to be carried, as well as a sufficient 
number of personnel with the appropriate experience to be able to 
ensure proper care of the livestock. The APHIS representative assigned 
to inspect the ocean vessel prior to loading will determine whether the 
personnel aboard the vessel are sufficient and possess adequate 
experience, including, if necessary, veterinary experience, to ensure 
proper care of the livestock.
    (13) Vessel stability. The vessel must have adequate stability, 
taking into consideration the weight and distribution of livestock and 
fodder, as well as effects of high winds and seas. If requested by 
APHIS, the owner or operator of the vessel must present stability 
calculations for the voyage that have been independently verified for 
accuracy.
    (14) Means of humane euthanasia. Ocean vessels must maintain a 
means of humanely euthanizing sick or injured livestock aboard the 
vessel. One of the personnel aboard the vessel must be trained in 
humanely euthanizing livestock by using the means of euthanasia carried 
by the vessel.
    (15) Life support systems. The ocean vessel must maintain 
replacement parts for major life support systems aboard the vessel, and 
the means, including qualified personnel, to make the repairs or 
replacements.
    (16) Additional conditions. The vessel must meet any other 
condition the Administrator determines is necessary for approval, as 
dictated by specific circumstances and communicated to the owner and 
operator of the vessel, to protect the livestock and keep them healthy 
during loading, unloading, and transport to the importing country.
    (e) Accommodations for the humane transport of livestock; vessels 
using shipping containers. An inspector may exempt an ocean vessel that 
uses shipping containers to transport livestock to an importing country 
from requirements in paragraph (d) of this section that he or she 
specifies, if the inspector determines that the containers themselves 
are designed, constructed, and managed in a manner to reasonably assure 
the livestock are protected from injury and remain healthy during 
loading, unloading, and transport to the importing country. During such 
inspections, particular attention will be paid to the manner in which 
containers are constructed, the space the containers afford to 
livestock transported within them, the manner in which the vessel would 
provide feed and water to the animals in the containers, and the manner 
in which air and effluent are managed within the containers. The 
Program Handbook contains exemption guidance.
    (f) Operator's report. (1) The owner or operator of any ocean 
vessel used to export livestock (including vessels that use shipping 
containers) from the United States must submit a written report to 
APHIS within 5 business days after completing a voyage. The report must 
include the name of the ocean vessel; the name and address of all 
exporters of livestock transported on the vessel; the port of 
embarkation; dates of the voyage; the port where the livestock were 
discharged; the number of each species of livestock loaded; the number 
of each species that died and an explanation for those mortalities; and 
the number of animals that sustained injuries or sustained illnesses 
that were significant enough to require medical attention from the 
personnel entrusted with the care of the animals, as well as the nature 
of these injuries or illnesses. The report must also document any 
failure of any major life support system for the livestock, including, 
but not limited to, systems for providing feed and water, ventilation 
systems, and livestock waste management systems. Any such failure must 
be documented, regardless of the duration or whether the failure 
resulted in any harm to the livestock. The report must include the 
name, telephone number, and email address of the person who prepared 
the report and the date of the report. The report must be submitted to 
APHIS by facsimile or email. Contact numbers and addresses, as well as 
an optional template for the report, are provided in the Program 
Handbook.
    (2) If an ocean vessel used to export livestock experiences any 
failure of a major life support system for livestock during the voyage, 
the owner or operator of the ocean vessel must notify APHIS immediately 
by telephone, facsimile, or other electronic means. Contact numbers and 
addresses are provided in the Program Handbook.
    (3) Failure to provide timely reports as required by this section 
may result in APHIS disapproving future livestock shipments by the 
responsible owner or operator or revoking the vessel's certification 
under paragraph (a) of this section to carry livestock.


(Approved by the Office of Management and Budget under control number 
0579-0432)


Sec.  91.13  Aircraft.

    (a) Prior to loading livestock aboard aircraft, the stowage area of 
the aircraft and any loading ramps, fittings, and equipment to be used 
in loading the animals must be cleaned and then disinfected with a 
disinfectant approved by the Administrator, to the satisfaction of an 
APHIS representative, unless the representative determines that the 
aircraft has already been cleaned and disinfected to his or her 
satisfaction.
    (1) The Administrator will approve a disinfectant for purposes of 
this section upon determining that the disinfectant is effective 
against pathogens that may be spread by the animals and, if the 
disinfectant is a chemical disinfectant, that it is registered or 
exempted for the specified use by the U.S. Environmental Protection 
Agency.
    (2) The Program Handbook provides access to a list of disinfectants 
approved by the Administrator for use as required by this section. 
Other disinfectants may also be approved by the Administrator in 
accordance with paragraph (a)(1) of this section.
    (3) The Administrator will withdraw approval of a disinfectant, and 
remove it from the list of approved disinfectants in the Program 
Handbook, if the disinfectant no longer meets the conditions for 
approval in this section.
    (b) The time at which the cleaning and disinfection are to be 
performed must be approved by the APHIS representative, who will give 
approval only if he or she determines that the cleaning and 
disinfection will be effective up to the projected time the livestock 
will be loaded. If the livestock are not loaded by the projected time, 
the APHIS representative will determine whether further cleaning and 
disinfection are necessary.
    (c) The cleaning must remove all garbage, soil, manure, plant 
materials, insects, paper, and other debris from the stowage area. The 
disinfectant solution must be applied with a device that creates an 
aerosol or mist that covers 100 percent of the surfaces in the stowage 
area, except for any loaded cargo and deck surface under it that, in 
the opinion of the APHIS representative, do not contain material, such 
as garbage, soil, manure, plant materials, insects, waste paper, or 
debris, that may harbor animal disease pathogens.
    (d) After cleaning and disinfection is performed, the APHIS 
representative will sign and deliver to the captain of the aircraft or 
other responsible official of the airline involved a document

[[Page 2986]]

stating that the aircraft has been properly cleaned and disinfected, 
and stating further the date, the carrier, the flight number, and the 
name of the airport and the city and state in which it is located. If 
an aircraft is cleaned and disinfected at one airport, then flies to a 
subsequent airport, with or without stops en route, to load animals for 
export, an APHIS representative at the subsequent airport will 
determine, based on examination of the cleaning and disinfection 
documents, whether the previous cleaning and disinfection is adequate 
or whether to order a new cleaning and disinfection. If the aircraft 
has loaded any cargo in addition to animals, the APHIS representative 
at the subsequent airport will determine whether to order a new 
cleaning and disinfection, based on both examination of the cleaning 
and disinfection documents and on the inspection of the stowage area 
for materials, such as garbage, soil, manure, plant materials, insects, 
waste paper, or debris, that may harbor animal disease pathogens.
    (e) Cargo containers used to ship livestock must be designed and 
constructed of a material of sufficient strength to securely contain 
the animals and must provide sufficient space for the species being 
transported given the duration of the trip, as determined by APHIS.


Sec.  91.14  Other movements and conditions.

    The Administrator may, upon request in specific cases, permit the 
exportation of livestock not otherwise provided for in this part under 
such conditions as he or she may prescribe in each specific case to 
prevent the spread of livestock diseases and to ensure the humane 
treatment of the animals during transport to the importing country.

    Done in Washington, DC, this 13th day of January 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-00962 Filed 1-19-16; 8:45 am]
 BILLING CODE 3410-34-P