[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 52954-52955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20634]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 149

[Docket No. APHIS-2020-0065]
RIN 0579-AE59


Elimination of the Voluntary Trichinae Certification Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to eliminate the Animal and 
Plant Health Inspection Service (APHIS) Voluntary Trichinae 
Certification Program and remove the regulations associated with the 
program. This action also notifies the public that APHIS will no longer 
maintain any activity associated with the program, such as training for 
qualified accredited veterinarians, on-farm audits, or any other 
administrative process associated with program maintenance and support. 
We are eliminating the program because it generates little producer 
participation. This action allows APHIS to direct APHIS resources to 
areas of greater need.

DATES: Effective October 25, 2021.

FOR FURTHER INFORMATION CONTACT: Dr. Mar[iacute]a Celia Antognoli, 
Swine Health Senior Staff Officer, Aquaculture, Swine, Equine and 
Poultry Health Center, Strategy and Policy, VS, APHIS, 2150 Centre 
Ave., Bldg. B, Fort Collins, CO 80526-8117; (970) 494-7304; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Trichinella are parasitic nematodes (roundworms) that are found in 
many warm-blooded carnivores and omnivores, including swine. There are 
eight known species of Trichinella nematodes: Trichinella britovi, 
Trichinella murrelli, Trichinella nativa, Trichinella nelsoni, 
Trichinella papuae, Trichinella pseudospiralis, Trichinella spiralis, 
and Trichinella zimbabwensis. Trichinae is a generic term that refers 
to all species of Trichinella.
    In 2008, the Animal and Plant Health Inspection Service (APHIS) 
established the Voluntary Trichinae Certification Program, the 
regulations for which were contained in 9 CFR part 149. Those 
regulations provided for the certification of pork production sites 
that follow certain prescribed management practices that reduce, 
eliminate, or avoid the risk of exposure of swine to Trichinella spp. 
Under the regulations, a producer's initial enrollment and continued 
participation in the Trichinae Certification Program required that the 
producer adhere to all of the good production practices set out in the 
regulations, as confirmed by periodic site audits, and comply with 
other recordkeeping and program requirements provided in part 149.
    Producer participation in this voluntary program has decreased 
since the program began. Only two producers re-enrolled in the past 3 
years. The lack of producer interest and involvement has become 
problematic for a number of reasons. Maintaining the program places 
demands on limited APHIS funding and human resources that could be 
better directed elsewhere. In addition, the existence of a program that 
producers have little interest in has had trade implications. Trading 
partners have questioned our ability to certify freedom of trichinae in 
exported products, given that the vast majority of the products are not 
produced under the auspices of the Trichinae Certification Program.
    In a proposed rule \1\ published in the Federal Register on March 
3, 2021, (86 FR 12293-12294; Docket No. APHIS-2020-0065), we proposed 
to eliminate the Voluntary Trichinae Certification Program by removing 
part 149 from the regulations. We also notified the public that we 
would no longer maintain any activity associated with the program, such 
as training for qualified accredited veterinarians, on-farm audits, or 
any other administrative process associated with program maintenance 
and support. The proposed elimination of the program was intended to 
benefit the swine industry by reducing possible confusion about the 
trichinae-free status of exported products, while allowing APHIS to 
avoid incurring the costs associated with program administration and 
payments to auditors and to address its resources to areas of greater 
need.
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    \1\ To view the proposed rule, supporting document, and the 
comments we received, go to www.regulations.gov. Enter APHIS-2020-
0065 in the Search field.
_____________________________________-

    We solicited comments concerning our proposal for 60 days ending 
May 3, 2021. We received 5 comments by that date. They were from 
individual commenters without institutional affiliations. All the 
commenters supported the proposed rule. Therefore, for the reasons 
given in the proposed rule, we are adopting the proposed rule as a 
final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov website (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    In this final rule, APHIS is eliminating the Voluntary Trichinae 
Certification Program and removing its associated regulations from 
title 9 of the Code of Federal Regulations.
    Producer participation has decreased significantly since the 
voluntary program began. Only 2 producers with 23 audit sites re-
enrolled in the past 3 years. Continuation of the program given the 
lack of producer participation is difficult to justify, especially as 
it may have trade implications. APHIS plays a crucial role in 
supporting the U.S. pork industry and its exports, which have increased 
substantially in recent years. Since 2007, U.S. pork exports have more 
than doubled in value (110 percent increase) and in quantity (109 
percent increase). Trading partners, however, have questioned our 
ability to certify freedom of trichinae in exported products, given 
that the vast majority of the products are not produced under the 
auspices of the Voluntary Trichinae Certification Program.
    The Small Business Administration (SBA) small business size 
standard for hog and pig farming is annual revenue of not more than $1 
million. According to the 2017 Agricultural Census, 64,871 hog and pig 
farms sold over 235 million hogs and pigs, with total sales of $26.3 
billion in 2017. Average annual sales per farm was 3,267 head valued at 
$404,907, well below the SBA small-entity standard.
    Because the Voluntary Trichinae Certification Program did not 
progress beyond the pilot stage, the participating producers have not 
borne program costs.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with

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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 in conflict 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.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.) and will reduce those currently approved by 
the Office of Management and Budget under control number 0579-0065.

List of Subjects in 9 CFR Part 149

    Animal diseases, Laboratories, Meat and meat products, Meat 
inspection, Reporting and recordkeeping requirements, Swine.

PART 149--[REMOVED]

0
Accordingly, for the reasons stated in the preamble, and under the 
authority of 7 U.S.C. 8301 et seq., the Animal and Plant Health 
Inspection Service is amending 9 CFR chapter I by removing part 149.

    Done in Washington, DC, this 10th day of September 2021.
Jack Shere,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-20634 Filed 9-23-21; 8:45 am]
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