[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74279-74280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25860]



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  Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / 
Rules and Regulations  

[[Page 74279]]



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; technical amendment.

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SUMMARY: In a final rule published in the Federal Register on January 
20, 2016, and effective on February 19, 2016, we revised our 
regulations regarding the exportation of livestock from the United 
States. Among other revisions, we expanded the scope of the regulations 
so that, if the Animal and Plant Health Inspection Service (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 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. While, in the preamble for that rule, we 
indicated that APHIS is the competent veterinary authority of the 
United States, and must endorse the export health certificate in such 
instances, this was not reflected in the regulations themselves. This 
document corrects that error.

DATES: Effective October 26, 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: In a final rule \1\ that was published in 
the Federal Register on January 20, 2016 (81 FR 2967, Docket No. APHIS-
2012-0049), and effective on February 19, 2016, we amended the 
regulations concerning the exportation of livestock from the United 
States, which are found in 9 CFR part 91 (referred to below as ``the 
regulations''). Among other revisions, we expanded the scope of the 
regulations so that, if the Animal and Plant Health Inspection Service 
(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 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.
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    \1\ To view the rule, supporting documents, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2012-0049.
---------------------------------------------------------------------------

    In the preamble of that rule, we stated that this requirement was 
necessary because 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. We also stated that, 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, that is, APHIS', 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. Thus, we implied that, in such 
instances, the export health certificate must be issued and endorsed by 
APHIS.
    In the regulatory text of that final rule, however, we did not 
specify that such export health certificates must be endorsed by APHIS, 
but rather that they must be endorsed by the competent veterinary 
authority of the United States.
    This has led to confusion regarding whether we intended to allow 
agencies other than APHIS to endorse the certificates. We did not.
    Accordingly, we are amending the regulations to specify 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 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 export health certificate endorsed by APHIS in 
order to be eligible for export from the United States.

List of Subjects in 9 CFR Part 91

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

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

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

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

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

0
2. In Sec.  91.3, paragraph (a)(2) is revised to read as follows:


Sec.  91.3  General requirements.

    (a) * * *
    (2) 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 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 export health certificate endorsed by APHIS in 
order to be

[[Page 74280]]

eligible for export from the United States.
* * * * *

    Done in Washington, DC, this 21st day of October 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-25860 Filed 10-25-16; 8:45 am]
 BILLING CODE 3410-34-P