Importation of Swine Hides and Skins, Bird Trophies, and Ruminant Hides and Skins, 66222-66227 [E9-29798]
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
(B) Two-step process. The pork skins
must be dry-cooked at a minimum of
260 °C for approximately 210 minutes
after which they must be cooked in hot
oil (deep-fried) at a minimum of 104 °C
for an additional 150 minutes.
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Done in Washington, DC, this 9th day
of December 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–29797 Filed 12–14–09; 8:33 am]
BILLING CODE 3410–34–S
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 95
[Docket No. APHIS-2006-0113]
RIN 0579-AC11
Importation of Swine Hides and Skins,
Bird Trophies, and Ruminant Hides
and Skins
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AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations governing the importation of
animal byproducts to require that
untanned swine hides and skins from
regions with African swine fever and
bird trophies from regions with exotic
Newcastle disease meet certain
requirements or go directly to an
approved establishment upon
importation into the United States. We
are also setting out certain requirements
for the importation of untanned bovine,
deer, and other ruminant hides and
skins into the United States from
Mexico to prevent the spread of bovine
babesiosis. These requirements will
provide for the importation of these
articles under conditions intended to
prevent the introduction of African
swine fever, bovine babesiosis, and
exotic Newcastle disease.
DATES: Effective Date: January 14, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Tracye Butler, Senior Staff Veterinarian,
Technical Trade Services, National
Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 7347476.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 93, 94,
95, and 96 (referred to below as the
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regulations) govern the importation of
certain animals, birds, poultry, meat,
other animal products and byproducts,
hay, and straw into the United States in
order to prevent the introduction of
various animal diseases, including
rinderpest, foot-and-mouth disease
(FMD), African swine fever (ASF), and
exotic Newcastle disease (END). The
regulations in § 95.5 set out
requirements for the entry of untanned
hides and skins. Section 95.6 sets out
restrictions for those hides or skins that
do not meet the requirements for entry
in § 95.5.
On August 4, 2006, we published in
the Federal Register (71 FR 4423444239, Docket No. APHIS- 2006-0113) a
proposal1 to provide specific conditions
under which untanned swine hides and
skins from regions not considered free
of ASF and bovine, deer and other
ruminant hides and skins from Mexico
could be imported into the United
States in order to protect the U.S.
livestock populations from incursions of
ASF and bovine babesiosis. We also
proposed to restrict the importation of
bird trophies in order to protect U.S.
bird populations against the
introduction of END. For greater clarity,
we also proposed to reorganize the
provisions of § 95.5.
We solicited comments concerning
our proposal for 60 days ending October
3, 2006. We received three comments by
that date. They were from a
representative of a consortium of
scientific societies, a representative of a
foreign government, and a private
citizen. They are discussed below.
One commenter suggested that we
prohibit all imports mentioned in this
proposed rule, because, according to the
commenter, neither our treatment and
certification requirements nor our
inspections are rigorous enough to
prevent the introduction of disease.
The commenter did not provide
specific information indicating how the
proposed requirements or our
inspection procedures were insufficient
to prevent the introduction of ASF,
bovine babesiosis, and END into the
United States. Our existing
requirements and inspection procedures
have been effective in preventing the
introduction of rinderpest and FMD,
and we believe that the requirements of
this rule will be effective in preventing
the introduction of ASF, bovine
babesiosis, and END into the United
States.
One commenter pointed out an
inconsistency between our explanation
1 To view the proposed rule and the comments
we received, go to (https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0113).
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of the proposed regulations in the
preamble of the proposed rule and the
proposed regulatory text.
We proposed to revise § 95.5 by
redesignating paragraphs (a) through (e),
which contain general provisions to
allow the importation of ruminant hides
and skins, as paragraphs (a)(1) through
(a)(5). To address the specific risk of
infestation with ticks carrying bovine
babesiosis, we proposed to allow the
importation of ruminant hides and skins
from Mexico under proposed paragraph
(b)(1) if they are hard dried in
accordance with proposed paragraph
(a)(2); have been pickled in a solution of
salt containing mineral acid which has
a pH of less than or equal to 5 and
placed in containers while wet in
accordance with proposed paragraph
(a)(4); have been treated with lime so as
to have become dehaired and ready for
preparation into rawhide products in
accordance with proposed paragraph
(a)(5); have been frozen solid for 24
hours; are certified to be free of ticks; or
were taken from cattle subjected to a
tickicidal dip prior to slaughter.
However, as the commenter correctly
noted, the proposed regulatory text in
paragraph (b)(1) incorrectly referred to
subjecting ruminant hides or skins from
Mexico to one of the treatments listed in
proposed § 95.5(a)(2), (a)(3), or (a)(4);
paragraph (a)(3) contains a certification
process that does not address the risk
associated with ticks. Accordingly, the
regulatory text in § 95.5(b)(1) in this
final rule refers to the treatments in
paragraphs (a)(2), (a)(4), and (a)(5) of
§ 95.5.
We proposed to add paragraph (c) in
§ 95.5 to provide for the importation of
bird trophies from END-free regions.
Under this paragraph, bird trophies
from END-free regions may be imported
without further restriction if they are
accompanied by a certificate of origin
issued by the national government of
the region of export.
One commenter suggested two
changes to the manner in which the
proposed rule addressed bird trophies.
The commenter’s first suggested
change was to add a definition of ‘‘bird
trophy’’ to the regulations in order to
distinguish between bird carcasses or
skins imported for ornamental or
decorative display and those bird
carcasses or skins imported for the
purpose of research or display in a
museum or educational institution. The
commenter stated that adding such a
definition to the regulations would help
port inspectors to distinguish a bird
trophy from research material.
We agree that defining ‘‘bird trophy’’
may make distinguishing a bird trophy
from material of avian origin intended
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for research easier for all members of the
public. Therefore, we are adding to the
list of definitions in § 95.1 a definition
of bird trophy. We define a bird trophy
as ‘‘a carcass or part of a carcass of a
wild bird taken as game during a
hunting expedition for the purpose of
processing into taxidermy mounts for
personal exhibition.’’
Although a bird trophy may be a
carcass or part of a carcass, similar in
appearance to material of avian origin
intended for research, the additional
requirements under our definition
distinguish a bird trophy from other
avian material: It must be a wild bird
taken as game, obtained in a hunting
expedition, or imported for the specific
purpose of being processed through
taxidermy methods for personal use.
Additionally, we believe that any
confusion regarding the purpose of
importation of avian material at the port
of entry would be resolved by
examining the accompanying permit or
certificate. Such documentation would
necessarily indicate the purpose and
destination of the article.
We proposed to amend the
introductory paragraph of § 95.5 to state
that bird trophies may be imported into
the United States without restriction if
they meet the requirements of that
section; if the bird trophies are imported
from regions where END exists and thus
do not meet the requirements of § 95.5,
we proposed to require that they be
handled at an approved establishment
as set forth in § 95.6.
The commenter’s second suggested
change to the proposed rule was to
clarify that these requirements in part
95 are distinct from the requirements in
9 CFR part 94 that apply to the
importation of carcasses and the parts or
products of carcasses of poultry, game
birds, or other birds from regions where
END is considered to exist. The
commenter acknowledged that with the
assistance of APHIS, importers of avian
material for research or educational
purposes are aware of the differing
requirements and that no confusion by
these importers or inspectors at the port
of entry exists. However, she was
concerned that some entities may
believe that the more stringent
requirements regarding research
material from END and highly
pathogenic avian influenza (HPAI)
subtype H5N1 regions might be applied
to the bird trophies covered by this rule.
Because we are defining ‘‘bird
trophy’’ to further distinguish bird
trophies from avian material intended
for research purposes, we believe the
distinction between materials of avian
origin for research or educational
purposes and bird trophies is
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sufficiently clear in the regulations. As
the commenter noted, no confusion
currently exists. We have made
concerned importers familiar with our
requirements through frequent
communication and by providing
specific guidance and advice, and we
will continue to offer such assistance
and technical information in the future.
We are making additional changes to
the proposed regulations in this final
rule.
The current heading of § 95.5 contains
the phrase ‘‘Requirements for
unrestricted entry’’ in addressing the
articles to which the section refers. As
§ 95.5 does in fact require various
conditions for the importation of
untanned hides and skins and bird
trophies, this heading as written is not
clear and could create confusion.
Therefore, for greater clarity and to
ensure compliance with the regulations,
we are removing the word
‘‘unrestricted’’ from the heading.
Similarly, the introductory language
to § 95.5 contains the phrase ‘‘without
restriction’’ in its discussion of those
regulations contained in the section. As
noted above, § 95.5 does require various
conditions for the importation of
untanned hides and skins and bird
trophies. Therefore, for greater clarity
and transparency, we are amending the
introductory text of § 95.5 to state that
untanned hides and skins and bird
trophies may be imported into the
United States if they meet the
requirements of the section or if they are
handled at an approved establishment
as set forth in § 95.6. The importation of
bird trophies, however, is also subject to
the restrictions of § 95.30, as discussed
below.
To address the specific risk of
ruminant hides and skins from Mexico
being infested with ticks carrying
bovine babesiosis, we proposed to allow
the importation of these hides and skins
under proposed paragraph (b) of § 95.5.
This paragraph contains several possible
treatment options, all of which we have
determined to be effective at eliminating
ticks that could spread bovine
babesiosis.
Proposed paragraph (b)(2) of § 95.5
would have allowed the importation of
ruminant hides and skins from Mexico
without further restriction if they have
been frozen solid for 24 hours and are
accompanied by a written statement
from the owner attesting to that fact. To
provide additional assurance that the
freezing requirement has been met, we
are changing proposed paragraph (b)(2)
to require that an inspector, as defined
in § 95.1, inspect the hides or skins to
ensure they are frozen and verify, by a
review of the available documentation
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provided by the shipper or importer
attesting to the fact, that the hides or
skins have been frozen solid for 24
hours. In addition, in order to provide
maximum protection for the U.S.
ruminant population, we are changing
proposed paragraph (b)(2) to add a
requirement that frozen hides and skins
presented for importation under
paragraph (b)(2) of the regulations also
be free of ticks.
Proposed paragraph (b)(4) would have
allowed ruminant hides and skins from
Mexico to be imported if they were
taken from cattle that were subjected to
a tickicidal dip at a Mexican export
facility 7 to 12 days prior to slaughter.
In order to make clear which dips are
approved for use, we have changed
proposed paragraph (b)(4) to indicate
that the ruminant hides and skins must
be dipped in one of the permitted dips
listed in § 72.13(b). This is consistent
with our regulations in § 93.427
governing the importation of live cattle
from Mexico for purposes other than
immediate slaughter. In order to provide
flexibility without incurring greater
disease risk, we are also removing the
requirement in proposed paragraph
(b)(4) that the required tickicidal dip
must take place at a Mexican export
facility. Although the dip may be
conducted at a Mexican export facility,
it can be conducted successfully at any
type of facility in Mexico, as long as the
permitted dips listed in § 72.13(b) are
used. In addition, in order to provide
maximum protection for the U.S.
ruminant population, we are changing
proposed paragraph (b)(4) to add a
requirement that hides and skins
presented for importation under
paragraph (b)(4) of the regulations also
be free of ticks.
As noted above, the introductory
paragraph of § 95.5 provides that any
untanned hides or skins or bird trophies
that do not meet the requirements of
that section must be handled at an
approved establishment as set forth in
§ 95.6. Section 95.6 addresses the
importation of hides and skins which do
not meet the conditions or requirements
of § 95.5 by requiring, among other
things, that such hides and skins be
consigned to an approved
establishment.
In the proposed rule, we neglected to
include changes to § 95.6 to reflect the
proposed changes in § 95.5. In this final
rule, we are adding the words ‘‘bird
trophies’’ to the title of § 95.6 and in the
appropriate places throughout the text
to indicate that the section applies to
bird trophies. We are also adding END
and ASF to the list of diseases in
paragraph (c) whose dissemination the
regulations are designed to prevent. We
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are taking this action to clarify the
applicability of § 95.6 to the importation
of bird trophies and untanned hides and
skins.
The proposed introductory text of
§ 95.5 stated that bird trophies may be
imported into the United States without
restriction if they meet the requirements
of that section. However, other
requirements in part 95 also apply to
bird trophies; specifically, § 95.30
requires bird trophies from areas where
HPAI subtype H5N1 exists to be
imported with a permit. To ensure that
all relevant requirements are taken into
account, the introductory text of § 95.5
in this final rule indicates that bird
trophies must meet both the
requirements of § 95.5 and be eligible
for importation under § 95.30.
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 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.
This rule amends the regulations in
§ 95.5 governing the requirements for
importation of untanned hides and
skins and adds import requirements for
bird trophies. We are now requiring that
untanned swine hides and skins from
regions with ASF and bird trophies from
regions with END meet the requirements
of § 95.5 or go directly to an approved
establishment upon importation into the
United States and be subject to the
requirements under § 95.6 of the
regulations. We are also requiring that
deer and other ruminant hides and skins
imported into the United States from
Mexico be subjected to one of several
possible treatments that we view as
effective in killing ticks that could
transmit bovine babesiosis.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities.
We anticipate this rule will produce
economic benefits by preventing the
introduction of ASF, END, and bovine
babesiosis, which could negatively
affect the ability of the U.S. swine,
poultry, and ruminant industries to
export their products to international
markets. The economic effects of END
have been demonstrated by the recent
2002 and 2003 outbreak of the disease
in the Western United States. END was
diagnosed in both backyard poultry
flocks and in commercial poultry in
California, Nevada, Arizona, and Texas.
Over the course of the outbreak, more
than 18,000 premises were quarantined,
and more than 3 million birds were
depopulated. The eradication efforts
cost taxpayers in excess of $180 million.
In addition, over 30 international
governments placed varying levels of
import restrictions on poultry and
poultry products from the United States
as a result of this outbreak. These
restrictions consisted primarily of bans
on poultry and poultry products from
the affected areas of the United States,
resulting in approximately $121 million
of direct total value of exports affected
by these restrictions. Incursions of ASF
and bovine babesiosis could cause
similar serious economic damage to the
U.S. swine and cattle industries. These
three livestock industries were valued at
more than $72 billion in 2000.
Specifically, the U.S. cattle industry was
valued at $67.1 billion, the swine
industry at $4.3 billion, and the poultry
industry at $1.2 billion (Agricultural
Statistics, 2001).
U.S. imports of untanned swine hides
and skins from ASF-affected regions are
relatively meager (see table 1 below).
The average value of such imports in
2000 and 2001, all of which came from
sub-Saharan Africa, was $4,500, while
the average value of all U.S. imports of
untanned swine hides and skins during
the same period was $980,500. There
were no U.S. imports of untanned swine
hides and skins from ASF-affected
regions in 2002 and 2003. We can
conclude, then, that the amount of
untanned swine hides and skins coming
from ASF-affected countries into the
United States is insignificant and that
the requirement that these hides and
skins be consigned to an approved
establishment is not likely to have a
significant economic effect on U.S.
importers of such hides and skins.
TABLE 1.–VALUE OF U.S. IMPORTS OF UNTANNED SWINE HIDES AND SKINS1
Region
2000
Sub-Saharan Africa
2001
2002
2003
$3,000
0
0
1,292,000
World
$6,000
669,000
$1,401,000
$868,000
1
Fresh or salted untanned swine-hides – (Harmonized Schedule (HS) 4103900060). Import HS-10 Digit-U.S. International Trade Commission
Commodities in Detail.
Source: Foreign Agricultural Service (FAS), U.S. Trade Internet System, Imports, Foreign Agriculture Trade of United States (FATUS) Web
site: (https://www.fas.usda.gov/ustrade).
U.S. imports of untanned deer hides
and skins from Mexico have also been
limited. As shown in table 2, the value
of U.S. imports of untanned deer hides
and skins from Mexico in 2001 was
$2,000, accounting for approximately
0.33 percent of the U.S. total for that
year. There were no untanned deer
hides and skins imported from Mexico
in 2000, 2002, and 2003. The average
value of total U.S. imports of untanned
deer hides and skins in 2000 and 2001
was $700,000, and none were imported
in 2002 or 2003. Since Mexico’s share
of this market has been so small, we can
conclude that this rule is not likely to
have a significant economic effect on
U.S. importers of untanned deer hides
and skins.
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TABLE 2.–VALUE OF U.S. IMPORTS OF UNTANNED DEER HIDES AND SKINS1
Region
2000
2001
Mexico
2002
2003
0
0
0
$805,000
World
$2,000
604,000
0
0
1 Fresh or dried or salted, but not tanned deer skins – (HS 4103900030). Import HS-10 Digit-USITC Commodities in Detail.
Source: FAS, U.S. Trade Internet System, Imports, FATUS. Web site: (https://www.fas.usda.gov/ustrade).
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Other ruminant hides and skins that
are currently being imported into the
United States from Mexico and that will
be subject to provisions of this rule
include those of bovines, sheep or
lambs, and chamoises. The latest
available data on the value of U.S.
imports from Mexico of such hides and
66225
skins and the percentages of Mexico’s
market share for the years 1997 through
2001 are presented in tables 3 through
6.
TABLE 3.–VALUE OF U.S. IMPORTS OF UNTANNED BOVINE HIDES, WHOLE, RAW
Region
1997
Mexico
1998
1999
2000
2001
5-year average
$10,000
(0.5%)
$1,000
(0.1%)
0
$177,000
(15%)
1,964,000
World
0
$667,000
962,000
$1,135,000
3.12%
1,217,000
Source: United Nations (https://untrade.fas.usda.gov/untrade).
TABLE 4.–VALUE OF U.S. IMPORTS OF NES
Region
1997
Mexico
1998
1999
1
UNTANNED BOVINE SKINS
2000
2001
5-year average
$704,000
(5%)
$372,000
(4%)
$63,000
(0.8%)
$59,000
(0.9%)
17,733,000
World
$142,000
(0.8%)
14,974,000
10,123,000
8,319,000
2.3%
6,768,000
1
Not elsewhere specified.
Source: United Nations (https://untrade.fas.usda.gov/untrade).
TABLE 5.–VALUE OF U.S. IMPORTS OF SHEEP OR LAMB SKINS, RAW, WITH WOOL ON
Region
1997
1998
1999
2000
2001
5-year average
Mexico
$486,000
(23%)
$59,000
(3.2%)
0
$13,000
(5.8%)
0
World
2,116,000
1,828,000
$256,000
226,000
6.4%
$764,000
Source: United Nations (https://untrade.fas.usda.gov/untrade).
TABLE 6.–VALUE OF U.S. IMPORTS OF UNTANNED CHAMOIS HIDES
Region
1997
1998
1999
2000
2001
Mexico
$3,753,000
(27%)
$4,358,000
(29%)
$4,907,000
(34%)
$5,588,000
(38%)
$6,156,000
(48%)
World
13,711,000
15,150,000
14,483,000
14,849,000
5-year average
12,969,000
35.2%
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Source: United Nations (https://untrade.fas.usda.gov/untrade).
As the tables illustrate, with the
exception of chamois hides (table 6),
imports from Mexico account for a
relatively small proportion of the total
U.S. imports of these commodities. Over
the 5-year period, an average of 3.12
percent of the untanned whole bovine
hides, 2.3 percent of the NES untanned
bovine skins, and 6.4 percent of the
untanned sheep and lamb skins that
were imported into the United States
came from Mexico. Mexican chamois
hides, however, did account for a
significantly larger proportion of total
imports, averaging 35.2 percent. Still,
given the relatively small amounts of
most of these commodities that Mexico
provides and the fact that the
procedures specified in this rule are
already being required for entry of
ruminant hides and skins into the
United States in most cases, it appears
unlikely that this rule will have a
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significant effect on any U.S. importers
of untanned ruminant hides or skins
from Mexico.
The United States Fish and Wildlife
Service grants permits to individuals for
the importation of bird trophies but
does not require a separate permit for
each trophy, whether imported as a
finished product or as skin, bones, and
feathers, and does not collect data on
the number of mounts prepared by each
permit holder. Therefore, reliable data
on imported bird trophies from ENDfree regions are not available.
Economic Impact on Small Entities
Agencies are required to analyze the
impacts of their regulations on small
businesses and to use flexibility to
provide regulatory relief when
regulations create economic disparities
between different-sized entities. Among
the small entities that could be affected
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by this rule are importers of hides and
skins. According to the 2002 Economic
Census, in that year there were 260
establishments in the United States
which primarily engaged in the
wholesale distribution of untanned
hides and skins. No data were available
on how many of these entities were
importers. According to the criteria used
by the Small Business Administration
(SBA), an entity in this category (North
American Industrial Classification
System [NAICS] 4225159) is considered
small if it employs fewer than 100
persons. In 2002, these 260 entities
employed a total of 1,983 paid
employees, an average of approximately
7 per entity. It is likely, therefore, that
the overwhelming majority of these
establishments were small. As we have
already noted, imports of the
commodities potentially affected by this
rule are relatively low, and we do not
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expect this rulemaking to have a
significant economic impact on any U.S.
entities, large or small. Moreover, any
possible negative effects of this rule on
U.S. importers of untanned ruminant or
swine hides and skins, deer or other
ruminant hides and skins from Mexico,
and bird trophies would be far
outweighed by the benefits to other
small entities by preventing outbreaks of
ASF, END, and bovine babesiosis. Over
99 percent of U.S. cattle producers and
more than 88 percent of U.S. swine
producers have annual receipts of
$750,000 or less, which is the criterion
by which such firms are designated as
small entities by the SBA. The majority
of meat packing plants (NAICS 311612
and NAICS 311613), which could be
affected by an ASF or bovine babesiosis
outbreak, and poultry processors
(NAICS 311615), which could be
affected by an END outbreak, are also
small entities, the SBA threshold for
these entities being 100 or fewer
employees. The latest available data
show that in 1997, more than 96 percent
of meat packing firms were small. These
small firms accounted for approximately
40 percent of the total value of the
industry’s shipments. All of these small
entities will benefit from this final rule
by being protected from potential
outbreaks of ASF, END, and bovine
babesiosis.
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 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Has no
retroactive effect; and (2) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
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Jkt 220001
PART 95—SANITARY CONTROL OF
ANIMAL BYPRODUCTS (EXCEPT
CASINGS), AND HAY AND STRAW,
OFFERED FOR ENTRY INTO THE
UNITED STATES
1. The authority citation for part 95
continues to read as follows:
■
Authority: 7 U.S.C. 8301-8317; 21 U.S.C.
136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22,
2.80, and 371.4.
§§ 95.7, 95.9, and 95.26
[Amended]
2. Sections 95.7, 95.9, and 95.26 are
amended as follows:
■ a. Footnote 1 in § 95.7, footnote 1 in
§ 95.9, and footnote 2 in § 95.26 are
redesignated as footnotes 3 through 5,
respectively.
■ b. Redesignated footnote 3 in § 95.7
and redesignated footnote 4 in § 95.9 are
revised to read as follows: ‘‘See footnote
2 in § 95.5.’’
■ 3. Section 95.1 is amended by adding,
in alphabetical order, a new definition
of bird trophy to read as follows:
■
Definitions.
*
The information collection burden in
this final rule includes 240 hours that
were not included in the proposed rule.
Specifically, the additional hours are for
compliance with the inspection of
ruminant hides and skins from Mexico,
which were added to the coverage of the
final rule. In accordance with the
Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
requirements included in this final rule
have been approved by the Office of
Management and Budget (OMB) under
OMB control number 0579-0307.
12:30 Dec 14, 2009
List of Subjects in 9 CFR Part 95
Animal feeds, Hay, Imports,
Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
■ Accordingly, we are amending 9 CFR
part 95 as follows:
§ 95.1
Paperwork Reduction Act
VerDate Nov<24>2008
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 rule, please contact Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 851-2908.
*
*
*
*
Bird trophy. A carcass or part of a
carcass of a wild bird taken as game
during a hunting expedition for the
purpose of processing into taxidermy
mounts for personal exhibition.
*
*
*
*
*
■ 4. Section 95.5 is revised to read as
follows:
§ 95.5 Untanned hides and skins and bird
trophies; requirements for entry.
Untanned hides and skins and bird
trophies1 may be imported into the
United States if they meet the
requirements of this section or if they
1 The importation of bird trophies is also subject
to restrictions under § 95.30.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
are handled at an approved
establishment as set forth in § 95.6.
(a) Untanned hides and skins. (1)
Except for ruminant hides or skins from
Mexico, any untanned hides or skins of
ruminants from regions free of foot-andmouth disease and rinderpest and any
untanned hides or skins of swine from
regions free of foot-and-mouth disease,
rinderpest, and African swine fever may
be imported without further restriction.
(2) Untanned ruminant hides or skins
may be imported from any region
without other restriction if an inspector
determines, based on inspection and
upon examination of a shipper or
importer certificate, that they are hard
dried hides or skins.
(3) Except for ruminant hides or skins
from Mexico, untanned abattoir hides or
skins of ruminants may be imported
from any region without other
restriction if the following requirements
are met:
(i) The ruminants from which the
hides or skins were taken have been
slaughtered under national government
inspection in a region2 and in an
abattoir in which is maintained an
inspection service that meets the
requirements and has been approved
pursuant to part 327 of this title; and
(ii) The hides or skins are
accompanied by a certificate bearing the
seal of the proper department of that
national government and signed by an
official veterinary inspector of the
region in which the ruminants were
slaughtered. The certificate must state
that the hides or skins were taken from
ruminants slaughtered in an abattoir
that meets the requirements of
paragraph (a)(3)(i) of this section and
that the hides or skins are free from
anthrax, foot-and-mouth disease, and
rinderpest.
(4) Untanned ruminant hides or skins
from any region may be imported
without other restriction if an inspector
determines, based on inspection and
upon examination of a shipper or
importer certificate, that they have been
pickled in a solution of salt containing
mineral acid and packed in barrels,
casks, or tight cases while still wet with
such solution. The solution must be
determined by the inspector to have a
pH of less than or equal to 5.
(5) Untanned ruminant hides or skins
from any region may be imported
without other restriction if an inspector
determines, based on inspection and
upon examination of a shipper or
importer certificate, that they have been
2 Names of these regions will be furnished upon
request to the Animal and Plant Health Inspection
Service, Veterinary Services, National Center for
Import and Export, 4700 River Road Unit 38,
Riverdale, Maryland 20737-1231.
E:\FR\FM\15DER1.SGM
15DER1
Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
treated with lime in such manner and
for such period as to have obviously
been processed, to have become
dehaired, and to have reached the stage
of preparation for immediate
manufacture into products ordinarily
made from rawhide.
(b) Ruminant hides and skins from
Mexico. Ruminant hides and skins from
Mexico may enter the United States
without other restriction if:
(1) They have been subjected to any
one of the treatments specified in
paragraphs (a)(2), (a)(4), or (a)(5) of this
section; or
(2) They are inspected and found to
have been frozen solid for 24 hours by
an inspector and are accompanied by a
certificate attesting to that fact issued by
the shipper or importer that is reviewed
by the inspector, and are free from ticks;
or
(3) They are free from ticks and are
accompanied by a certificate issued by
a full-time salaried veterinary officer of
the Government of Mexico stating that
they have been treated with an
acaricide; or
(4) They are bovine hides taken from
cattle that were subjected to a tickicidal
dip in one of the permitted dips listed
in § 72.13(b) of this chapter at a Mexican
facility 7 to 12 days prior to slaughter,
and are free from ticks.
(c) Bird trophies. Bird trophies from
regions designated in § 94.6 of this
subchapter as free of exotic Newcastle
disease and free of HPAI subtype H5N1
may be imported without further
restriction if accompanied by a
certificate of origin issued by the
national government of the region of
export.
(Approved by the Office of
Management and Budget under control
numbers 0579-0015 and 0579-0307)
§ 95.6
[Amended]
5. Section 95.6 is amended as follows:
a. In the section heading, by removing
the words ‘‘and skins’’ and adding the
words ‘‘, skins, and bird trophies’’ in
their place.
■ b. In the introductory text, by adding
the words ‘‘or bird trophies’’ after the
word ‘‘skins’’.
■ c. In paragraph (a), by adding the
words ‘‘or bird trophies’’ after the word
‘‘skins’’ each time it appears.
■ d. In paragraph (c), in the first
sentence, by removing the words ‘‘and
rinderpest’’ and adding the words ‘‘,
rinderpest, African swine fever, and
exotic Newcastle disease’’ after the
words ‘‘foot-and-mouth disease’’ and, in
the second sentence, by adding the
words ‘‘or bird trophies’’ after the word
‘‘skins’’.
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■
■
VerDate Nov<24>2008
12:30 Dec 14, 2009
Jkt 220001
Done in Washington, DC, this 4th day
of December 2009.
Kevin Shea
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–29798 Filed 12–14–09; 8:45 am]
BILLING CODE 3410–34–S
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1104; Directorate
Identifier 2009–NM–167–AD; Amendment
39–16121; AD 2008–04–10 R1]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 727 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: The FAA is revising an
existing airworthiness directive (AD),
which applies to all The Boeing
Company Model 727 airplanes. That AD
currently requires revising the FAAapproved maintenance program by
incorporating new airworthiness
limitations (AWLs) for fuel tank systems
to satisfy Special Federal Aviation
Regulation No. 88 requirements. That
AD also requires an initial inspection to
phase in a certain repetitive AWL
inspection, and repair if necessary. This
AD clarifies the intended effect of the
AD on spare and on-airplane fuel tank
system components. This AD results
from a design review of the fuel tank
systems. We are issuing this AD to
prevent the potential for ignition
sources inside fuel tanks caused by
latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
DATES: This AD is effective December
30, 2009.
On March 28, 2008 (73 FR 9668,
February 22, 2008), the Director of the
Federal Register approved the
incorporation by reference of a certain
publication listed in the AD.
We must receive any comments on
this AD by January 29, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
66227
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; e-mail
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Thorson, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6508; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On February 13, 2008, we issued AD
2008–04–10, amendment 39–15382 (73
FR 9668, February 22, 2008). That AD
applies to all The Boeing Company
Model 727 airplanes. That AD requires
revising the FAA-approved maintenance
program by incorporating new
airworthiness limitations (AWLs) for
fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. That AD also requires an
initial inspection to phase in a certain
repetitive AWL inspection, and repair if
necessary. That AD resulted from a
design review of the fuel tank systems.
The actions specified in that AD are
intended to prevent the potential for
ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
E:\FR\FM\15DER1.SGM
15DER1
]]>Agencies
[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66222-66227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29798]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 95
[Docket No. APHIS-2006-0113]
RIN 0579-AC11
Importation of Swine Hides and Skins, Bird Trophies, and Ruminant
Hides and Skins
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations governing the importation of
animal byproducts to require that untanned swine hides and skins from
regions with African swine fever and bird trophies from regions with
exotic Newcastle disease meet certain requirements or go directly to an
approved establishment upon importation into the United States. We are
also setting out certain requirements for the importation of untanned
bovine, deer, and other ruminant hides and skins into the United States
from Mexico to prevent the spread of bovine babesiosis. These
requirements will provide for the importation of these articles under
conditions intended to prevent the introduction of African swine fever,
bovine babesiosis, and exotic Newcastle disease.
DATES: Effective Date: January 14, 2010.
FOR FURTHER INFORMATION CONTACT: Dr. Tracye Butler, Senior Staff
Veterinarian, Technical Trade Services, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;
(301) 734-7476.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 93, 94, 95, and 96 (referred to
below as the regulations) govern the importation of certain animals,
birds, poultry, meat, other animal products and byproducts, hay, and
straw into the United States in order to prevent the introduction of
various animal diseases, including rinderpest, foot-and-mouth disease
(FMD), African swine fever (ASF), and exotic Newcastle disease (END).
The regulations in Sec. 95.5 set out requirements for the entry of
untanned hides and skins. Section 95.6 sets out restrictions for those
hides or skins that do not meet the requirements for entry in Sec.
95.5.
On August 4, 2006, we published in the Federal Register (71 FR
44234-44239, Docket No. APHIS- 2006-0113) a proposal\1\ to provide
specific conditions under which untanned swine hides and skins from
regions not considered free of ASF and bovine, deer and other ruminant
hides and skins from Mexico could be imported into the United States in
order to protect the U.S. livestock populations from incursions of ASF
and bovine babesiosis. We also proposed to restrict the importation of
bird trophies in order to protect U.S. bird populations against the
introduction of END. For greater clarity, we also proposed to
reorganize the provisions of Sec. 95.5.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0113).
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
October 3, 2006. We received three comments by that date. They were
from a representative of a consortium of scientific societies, a
representative of a foreign government, and a private citizen. They are
discussed below.
One commenter suggested that we prohibit all imports mentioned in
this proposed rule, because, according to the commenter, neither our
treatment and certification requirements nor our inspections are
rigorous enough to prevent the introduction of disease.
The commenter did not provide specific information indicating how
the proposed requirements or our inspection procedures were
insufficient to prevent the introduction of ASF, bovine babesiosis, and
END into the United States. Our existing requirements and inspection
procedures have been effective in preventing the introduction of
rinderpest and FMD, and we believe that the requirements of this rule
will be effective in preventing the introduction of ASF, bovine
babesiosis, and END into the United States.
One commenter pointed out an inconsistency between our explanation
of the proposed regulations in the preamble of the proposed rule and
the proposed regulatory text.
We proposed to revise Sec. 95.5 by redesignating paragraphs (a)
through (e), which contain general provisions to allow the importation
of ruminant hides and skins, as paragraphs (a)(1) through (a)(5). To
address the specific risk of infestation with ticks carrying bovine
babesiosis, we proposed to allow the importation of ruminant hides and
skins from Mexico under proposed paragraph (b)(1) if they are hard
dried in accordance with proposed paragraph (a)(2); have been pickled
in a solution of salt containing mineral acid which has a pH of less
than or equal to 5 and placed in containers while wet in accordance
with proposed paragraph (a)(4); have been treated with lime so as to
have become dehaired and ready for preparation into rawhide products in
accordance with proposed paragraph (a)(5); have been frozen solid for
24 hours; are certified to be free of ticks; or were taken from cattle
subjected to a tickicidal dip prior to slaughter.
However, as the commenter correctly noted, the proposed regulatory
text in paragraph (b)(1) incorrectly referred to subjecting ruminant
hides or skins from Mexico to one of the treatments listed in proposed
Sec. 95.5(a)(2), (a)(3), or (a)(4); paragraph (a)(3) contains a
certification process that does not address the risk associated with
ticks. Accordingly, the regulatory text in Sec. 95.5(b)(1) in this
final rule refers to the treatments in paragraphs (a)(2), (a)(4), and
(a)(5) of Sec. 95.5.
We proposed to add paragraph (c) in Sec. 95.5 to provide for the
importation of bird trophies from END-free regions. Under this
paragraph, bird trophies from END-free regions may be imported without
further restriction if they are accompanied by a certificate of origin
issued by the national government of the region of export.
One commenter suggested two changes to the manner in which the
proposed rule addressed bird trophies.
The commenter's first suggested change was to add a definition of
``bird trophy'' to the regulations in order to distinguish between bird
carcasses or skins imported for ornamental or decorative display and
those bird carcasses or skins imported for the purpose of research or
display in a museum or educational institution. The commenter stated
that adding such a definition to the regulations would help port
inspectors to distinguish a bird trophy from research material.
We agree that defining ``bird trophy'' may make distinguishing a
bird trophy from material of avian origin intended
[[Page 66223]]
for research easier for all members of the public. Therefore, we are
adding to the list of definitions in Sec. 95.1 a definition of bird
trophy. We define a bird trophy as ``a carcass or part of a carcass of
a wild bird taken as game during a hunting expedition for the purpose
of processing into taxidermy mounts for personal exhibition.''
Although a bird trophy may be a carcass or part of a carcass,
similar in appearance to material of avian origin intended for
research, the additional requirements under our definition distinguish
a bird trophy from other avian material: It must be a wild bird taken
as game, obtained in a hunting expedition, or imported for the specific
purpose of being processed through taxidermy methods for personal use.
Additionally, we believe that any confusion regarding the purpose
of importation of avian material at the port of entry would be resolved
by examining the accompanying permit or certificate. Such documentation
would necessarily indicate the purpose and destination of the article.
We proposed to amend the introductory paragraph of Sec. 95.5 to
state that bird trophies may be imported into the United States without
restriction if they meet the requirements of that section; if the bird
trophies are imported from regions where END exists and thus do not
meet the requirements of Sec. 95.5, we proposed to require that they
be handled at an approved establishment as set forth in Sec. 95.6.
The commenter's second suggested change to the proposed rule was to
clarify that these requirements in part 95 are distinct from the
requirements in 9 CFR part 94 that apply to the importation of
carcasses and the parts or products of carcasses of poultry, game
birds, or other birds from regions where END is considered to exist.
The commenter acknowledged that with the assistance of APHIS, importers
of avian material for research or educational purposes are aware of the
differing requirements and that no confusion by these importers or
inspectors at the port of entry exists. However, she was concerned that
some entities may believe that the more stringent requirements
regarding research material from END and highly pathogenic avian
influenza (HPAI) subtype H5N1 regions might be applied to the bird
trophies covered by this rule.
Because we are defining ``bird trophy'' to further distinguish bird
trophies from avian material intended for research purposes, we believe
the distinction between materials of avian origin for research or
educational purposes and bird trophies is sufficiently clear in the
regulations. As the commenter noted, no confusion currently exists. We
have made concerned importers familiar with our requirements through
frequent communication and by providing specific guidance and advice,
and we will continue to offer such assistance and technical information
in the future.
We are making additional changes to the proposed regulations in
this final rule.
The current heading of Sec. 95.5 contains the phrase
``Requirements for unrestricted entry'' in addressing the articles to
which the section refers. As Sec. 95.5 does in fact require various
conditions for the importation of untanned hides and skins and bird
trophies, this heading as written is not clear and could create
confusion. Therefore, for greater clarity and to ensure compliance with
the regulations, we are removing the word ``unrestricted'' from the
heading.
Similarly, the introductory language to Sec. 95.5 contains the
phrase ``without restriction'' in its discussion of those regulations
contained in the section. As noted above, Sec. 95.5 does require
various conditions for the importation of untanned hides and skins and
bird trophies. Therefore, for greater clarity and transparency, we are
amending the introductory text of Sec. 95.5 to state that untanned
hides and skins and bird trophies may be imported into the United
States if they meet the requirements of the section or if they are
handled at an approved establishment as set forth in Sec. 95.6. The
importation of bird trophies, however, is also subject to the
restrictions of Sec. 95.30, as discussed below.
To address the specific risk of ruminant hides and skins from
Mexico being infested with ticks carrying bovine babesiosis, we
proposed to allow the importation of these hides and skins under
proposed paragraph (b) of Sec. 95.5. This paragraph contains several
possible treatment options, all of which we have determined to be
effective at eliminating ticks that could spread bovine babesiosis.
Proposed paragraph (b)(2) of Sec. 95.5 would have allowed the
importation of ruminant hides and skins from Mexico without further
restriction if they have been frozen solid for 24 hours and are
accompanied by a written statement from the owner attesting to that
fact. To provide additional assurance that the freezing requirement has
been met, we are changing proposed paragraph (b)(2) to require that an
inspector, as defined in Sec. 95.1, inspect the hides or skins to
ensure they are frozen and verify, by a review of the available
documentation provided by the shipper or importer attesting to the
fact, that the hides or skins have been frozen solid for 24 hours. In
addition, in order to provide maximum protection for the U.S. ruminant
population, we are changing proposed paragraph (b)(2) to add a
requirement that frozen hides and skins presented for importation under
paragraph (b)(2) of the regulations also be free of ticks.
Proposed paragraph (b)(4) would have allowed ruminant hides and
skins from Mexico to be imported if they were taken from cattle that
were subjected to a tickicidal dip at a Mexican export facility 7 to 12
days prior to slaughter. In order to make clear which dips are approved
for use, we have changed proposed paragraph (b)(4) to indicate that the
ruminant hides and skins must be dipped in one of the permitted dips
listed in Sec. 72.13(b). This is consistent with our regulations in
Sec. 93.427 governing the importation of live cattle from Mexico for
purposes other than immediate slaughter. In order to provide
flexibility without incurring greater disease risk, we are also
removing the requirement in proposed paragraph (b)(4) that the required
tickicidal dip must take place at a Mexican export facility. Although
the dip may be conducted at a Mexican export facility, it can be
conducted successfully at any type of facility in Mexico, as long as
the permitted dips listed in Sec. 72.13(b) are used. In addition, in
order to provide maximum protection for the U.S. ruminant population,
we are changing proposed paragraph (b)(4) to add a requirement that
hides and skins presented for importation under paragraph (b)(4) of the
regulations also be free of ticks.
As noted above, the introductory paragraph of Sec. 95.5 provides
that any untanned hides or skins or bird trophies that do not meet the
requirements of that section must be handled at an approved
establishment as set forth in Sec. 95.6. Section 95.6 addresses the
importation of hides and skins which do not meet the conditions or
requirements of Sec. 95.5 by requiring, among other things, that such
hides and skins be consigned to an approved establishment.
In the proposed rule, we neglected to include changes to Sec. 95.6
to reflect the proposed changes in Sec. 95.5. In this final rule, we
are adding the words ``bird trophies'' to the title of Sec. 95.6 and
in the appropriate places throughout the text to indicate that the
section applies to bird trophies. We are also adding END and ASF to the
list of diseases in paragraph (c) whose dissemination the regulations
are designed to prevent. We
[[Page 66224]]
are taking this action to clarify the applicability of Sec. 95.6 to
the importation of bird trophies and untanned hides and skins.
The proposed introductory text of Sec. 95.5 stated that bird
trophies may be imported into the United States without restriction if
they meet the requirements of that section. However, other requirements
in part 95 also apply to bird trophies; specifically, Sec. 95.30
requires bird trophies from areas where HPAI subtype H5N1 exists to be
imported with a permit. To ensure that all relevant requirements are
taken into account, the introductory text of Sec. 95.5 in this final
rule indicates that bird trophies must meet both the requirements of
Sec. 95.5 and be eligible for importation under Sec. 95.30.
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 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.
This rule amends the regulations in Sec. 95.5 governing the
requirements for importation of untanned hides and skins and adds
import requirements for bird trophies. We are now requiring that
untanned swine hides and skins from regions with ASF and bird trophies
from regions with END meet the requirements of Sec. 95.5 or go
directly to an approved establishment upon importation into the United
States and be subject to the requirements under Sec. 95.6 of the
regulations. We are also requiring that deer and other ruminant hides
and skins imported into the United States from Mexico be subjected to
one of several possible treatments that we view as effective in killing
ticks that could transmit bovine babesiosis.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
We anticipate this rule will produce economic benefits by
preventing the introduction of ASF, END, and bovine babesiosis, which
could negatively affect the ability of the U.S. swine, poultry, and
ruminant industries to export their products to international markets.
The economic effects of END have been demonstrated by the recent 2002
and 2003 outbreak of the disease in the Western United States. END was
diagnosed in both backyard poultry flocks and in commercial poultry in
California, Nevada, Arizona, and Texas. Over the course of the
outbreak, more than 18,000 premises were quarantined, and more than 3
million birds were depopulated. The eradication efforts cost taxpayers
in excess of $180 million. In addition, over 30 international
governments placed varying levels of import restrictions on poultry and
poultry products from the United States as a result of this outbreak.
These restrictions consisted primarily of bans on poultry and poultry
products from the affected areas of the United States, resulting in
approximately $121 million of direct total value of exports affected by
these restrictions. Incursions of ASF and bovine babesiosis could cause
similar serious economic damage to the U.S. swine and cattle
industries. These three livestock industries were valued at more than
$72 billion in 2000. Specifically, the U.S. cattle industry was valued
at $67.1 billion, the swine industry at $4.3 billion, and the poultry
industry at $1.2 billion (Agricultural Statistics, 2001).
U.S. imports of untanned swine hides and skins from ASF-affected
regions are relatively meager (see table 1 below). The average value of
such imports in 2000 and 2001, all of which came from sub-Saharan
Africa, was $4,500, while the average value of all U.S. imports of
untanned swine hides and skins during the same period was $980,500.
There were no U.S. imports of untanned swine hides and skins from ASF-
affected regions in 2002 and 2003. We can conclude, then, that the
amount of untanned swine hides and skins coming from ASF-affected
countries into the United States is insignificant and that the
requirement that these hides and skins be consigned to an approved
establishment is not likely to have a significant economic effect on
U.S. importers of such hides and skins.
Table 1.-Value of U.S. imports of untanned swine hides and skins\1\
----------------------------------------------------------------------------------------------------------------
Region 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
Sub-Saharan Africa $3,000 $6,000 0 0
----------------------------------------------------------------------------------------------------------------
World 1,292,000 669,000 $1,401,000 $868,000
----------------------------------------------------------------------------------------------------------------
\1\ Fresh or salted untanned swine-hides - (Harmonized Schedule (HS) 4103900060). Import HS-10 Digit-U.S.
International Trade Commission Commodities in Detail.
Source: Foreign Agricultural Service (FAS), U.S. Trade Internet System, Imports, Foreign Agriculture Trade of
United States (FATUS) Web site: (https://www.fas.usda.gov/ustrade).
U.S. imports of untanned deer hides and skins from Mexico have also
been limited. As shown in table 2, the value of U.S. imports of
untanned deer hides and skins from Mexico in 2001 was $2,000,
accounting for approximately 0.33 percent of the U.S. total for that
year. There were no untanned deer hides and skins imported from Mexico
in 2000, 2002, and 2003. The average value of total U.S. imports of
untanned deer hides and skins in 2000 and 2001 was $700,000, and none
were imported in 2002 or 2003. Since Mexico's share of this market has
been so small, we can conclude that this rule is not likely to have a
significant economic effect on U.S. importers of untanned deer hides
and skins.
Table 2.-Value of U.S. imports of untanned deer hides and skins\1\
----------------------------------------------------------------------------------------------------------------
Region 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
Mexico 0 $2,000 0 0
----------------------------------------------------------------------------------------------------------------
World $805,000 604,000 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Fresh or dried or salted, but not tanned deer skins - (HS 4103900030). Import HS-10 Digit-USITC Commodities
in Detail.
Source: FAS, U.S. Trade Internet System, Imports, FATUS. Web site: (https://www.fas.usda.gov/ustrade).
[[Page 66225]]
Other ruminant hides and skins that are currently being imported
into the United States from Mexico and that will be subject to
provisions of this rule include those of bovines, sheep or lambs, and
chamoises. The latest available data on the value of U.S. imports from
Mexico of such hides and skins and the percentages of Mexico's market
share for the years 1997 through 2001 are presented in tables 3 through
6.
Table 3.-Value of U.S. imports of untanned bovine hides, whole, raw
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region 1997 1998 1999 2000 2001 5-year average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico $10,000 0 $1,000 0 $177,000 3.12%
(0.5%) (0.1%) (15%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
World 1,964,000 $667,000 962,000 $1,135,000 1,217,000 ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: United Nations (https://untrade.fas.usda.gov/untrade).
Table 4.-Value of U.S. imports of NES \1\ untanned bovine skins
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region 1997 1998 1999 2000 2001 5-year average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico $142,000 $704,000 $372,000 $63,000 $59,000 2.3%
(0.8%) (5%) (4%) (0.8%) (0.9%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
World 17,733,000 14,974,000 10,123,000 8,319,000 6,768,000 ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not elsewhere specified.
Source: United Nations (https://untrade.fas.usda.gov/untrade).
Table 5.-Value of U.S. imports of sheep or lamb skins, raw, with wool on
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region 1997 1998 1999 2000 2001 5-year average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico $486,000 $59,000 0 $13,000 0 6.4%
(23%) (3.2%) (5.8%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
World 2,116,000 1,828,000 $256,000 226,000 $764,000 ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: United Nations (https://untrade.fas.usda.gov/untrade).
Table 6.-Value of U.S. imports of untanned chamois hides
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region 1997 1998 1999 2000 2001 5-year average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico $3,753,000 $4,358,000 $4,907,000 $5,588,000 $6,156,000 35.2%
(27%) (29%) (34%) (38%) (48%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
World 13,711,000 15,150,000 14,483,000 14,849,000 12,969,000 ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: United Nations (https://untrade.fas.usda.gov/untrade).
As the tables illustrate, with the exception of chamois hides
(table 6), imports from Mexico account for a relatively small
proportion of the total U.S. imports of these commodities. Over the 5-
year period, an average of 3.12 percent of the untanned whole bovine
hides, 2.3 percent of the NES untanned bovine skins, and 6.4 percent of
the untanned sheep and lamb skins that were imported into the United
States came from Mexico. Mexican chamois hides, however, did account
for a significantly larger proportion of total imports, averaging 35.2
percent. Still, given the relatively small amounts of most of these
commodities that Mexico provides and the fact that the procedures
specified in this rule are already being required for entry of ruminant
hides and skins into the United States in most cases, it appears
unlikely that this rule will have a significant effect on any U.S.
importers of untanned ruminant hides or skins from Mexico.
The United States Fish and Wildlife Service grants permits to
individuals for the importation of bird trophies but does not require a
separate permit for each trophy, whether imported as a finished product
or as skin, bones, and feathers, and does not collect data on the
number of mounts prepared by each permit holder. Therefore, reliable
data on imported bird trophies from END-free regions are not available.
Economic Impact on Small Entities
Agencies are required to analyze the impacts of their regulations
on small businesses and to use flexibility to provide regulatory relief
when regulations create economic disparities between different-sized
entities. Among the small entities that could be affected by this rule
are importers of hides and skins. According to the 2002 Economic
Census, in that year there were 260 establishments in the United States
which primarily engaged in the wholesale distribution of untanned hides
and skins. No data were available on how many of these entities were
importers. According to the criteria used by the Small Business
Administration (SBA), an entity in this category (North American
Industrial Classification System [NAICS] 4225159) is considered small
if it employs fewer than 100 persons. In 2002, these 260 entities
employed a total of 1,983 paid employees, an average of approximately 7
per entity. It is likely, therefore, that the overwhelming majority of
these establishments were small. As we have already noted, imports of
the commodities potentially affected by this rule are relatively low,
and we do not
[[Page 66226]]
expect this rulemaking to have a significant economic impact on any
U.S. entities, large or small. Moreover, any possible negative effects
of this rule on U.S. importers of untanned ruminant or swine hides and
skins, deer or other ruminant hides and skins from Mexico, and bird
trophies would be far outweighed by the benefits to other small
entities by preventing outbreaks of ASF, END, and bovine babesiosis.
Over 99 percent of U.S. cattle producers and more than 88 percent of
U.S. swine producers have annual receipts of $750,000 or less, which is
the criterion by which such firms are designated as small entities by
the SBA. The majority of meat packing plants (NAICS 311612 and NAICS
311613), which could be affected by an ASF or bovine babesiosis
outbreak, and poultry processors (NAICS 311615), which could be
affected by an END outbreak, are also small entities, the SBA threshold
for these entities being 100 or fewer employees. The latest available
data show that in 1997, more than 96 percent of meat packing firms were
small. These small firms accounted for approximately 40 percent of the
total value of the industry's shipments. All of these small entities
will benefit from this final rule by being protected from potential
outbreaks of ASF, END, and bovine babesiosis.
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 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Has no retroactive effect; and (2)
does not require administrative proceedings before parties may file
suit in court challenging this rule.
Paperwork Reduction Act
The information collection burden in this final rule includes 240
hours that were not included in the proposed rule. Specifically, the
additional hours are for compliance with the inspection of ruminant
hides and skins from Mexico, which were added to the coverage of the
final rule. In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), the information collection or recordkeeping
requirements included in this final rule have been approved by the
Office of Management and Budget (OMB) under OMB control number 0579-
0307.
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 rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 9 CFR Part 95
Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
0
Accordingly, we are amending 9 CFR part 95 as follows:
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
0
1. The authority citation for part 95 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. Sec. 95.7, 95.9, and 95.26 [Amended]
0
2. Sections 95.7, 95.9, and 95.26 are amended as follows:
0
a. Footnote 1 in Sec. 95.7, footnote 1 in Sec. 95.9, and footnote 2
in Sec. 95.26 are redesignated as footnotes 3 through 5, respectively.
0
b. Redesignated footnote 3 in Sec. 95.7 and redesignated footnote 4 in
Sec. 95.9 are revised to read as follows: ``See footnote 2 in Sec.
95.5.''
0
3. Section 95.1 is amended by adding, in alphabetical order, a new
definition of bird trophy to read as follows:
Sec. 95.1 Definitions.
* * * * *
Bird trophy. A carcass or part of a carcass of a wild bird taken as
game during a hunting expedition for the purpose of processing into
taxidermy mounts for personal exhibition.
* * * * *
0
4. Section 95.5 is revised to read as follows:
Sec. 95.5 Untanned hides and skins and bird trophies; requirements
for entry.
Untanned hides and skins and bird trophies\1\ may be imported into
the United States if they meet the requirements of this section or if
they are handled at an approved establishment as set forth in Sec.
95.6.
---------------------------------------------------------------------------
\1\ The importation of bird trophies is also subject to
restrictions under Sec. 95.30.
---------------------------------------------------------------------------
(a) Untanned hides and skins. (1) Except for ruminant hides or
skins from Mexico, any untanned hides or skins of ruminants from
regions free of foot-and-mouth disease and rinderpest and any untanned
hides or skins of swine from regions free of foot-and-mouth disease,
rinderpest, and African swine fever may be imported without further
restriction.
(2) Untanned ruminant hides or skins may be imported from any
region without other restriction if an inspector determines, based on
inspection and upon examination of a shipper or importer certificate,
that they are hard dried hides or skins.
(3) Except for ruminant hides or skins from Mexico, untanned
abattoir hides or skins of ruminants may be imported from any region
without other restriction if the following requirements are met:
(i) The ruminants from which the hides or skins were taken have
been slaughtered under national government inspection in a region\2\
and in an abattoir in which is maintained an inspection service that
meets the requirements and has been approved pursuant to part 327 of
this title; and
---------------------------------------------------------------------------
\2\ Names of these regions will be furnished upon request to the
Animal and Plant Health Inspection Service, Veterinary Services,
National Center for Import and Export, 4700 River Road Unit 38,
Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------
(ii) The hides or skins are accompanied by a certificate bearing
the seal of the proper department of that national government and
signed by an official veterinary inspector of the region in which the
ruminants were slaughtered. The certificate must state that the hides
or skins were taken from ruminants slaughtered in an abattoir that
meets the requirements of paragraph (a)(3)(i) of this section and that
the hides or skins are free from anthrax, foot-and-mouth disease, and
rinderpest.
(4) Untanned ruminant hides or skins from any region may be
imported without other restriction if an inspector determines, based on
inspection and upon examination of a shipper or importer certificate,
that they have been pickled in a solution of salt containing mineral
acid and packed in barrels, casks, or tight cases while still wet with
such solution. The solution must be determined by the inspector to have
a pH of less than or equal to 5.
(5) Untanned ruminant hides or skins from any region may be
imported without other restriction if an inspector determines, based on
inspection and upon examination of a shipper or importer certificate,
that they have been
[[Page 66227]]
treated with lime in such manner and for such period as to have
obviously been processed, to have become dehaired, and to have reached
the stage of preparation for immediate manufacture into products
ordinarily made from rawhide.
(b) Ruminant hides and skins from Mexico. Ruminant hides and skins
from Mexico may enter the United States without other restriction if:
(1) They have been subjected to any one of the treatments specified
in paragraphs (a)(2), (a)(4), or (a)(5) of this section; or
(2) They are inspected and found to have been frozen solid for 24
hours by an inspector and are accompanied by a certificate attesting to
that fact issued by the shipper or importer that is reviewed by the
inspector, and are free from ticks; or
(3) They are free from ticks and are accompanied by a certificate
issued by a full-time salaried veterinary officer of the Government of
Mexico stating that they have been treated with an acaricide; or
(4) They are bovine hides taken from cattle that were subjected to
a tickicidal dip in one of the permitted dips listed in Sec. 72.13(b)
of this chapter at a Mexican facility 7 to 12 days prior to slaughter,
and are free from ticks.
(c) Bird trophies. Bird trophies from regions designated in Sec.
94.6 of this subchapter as free of exotic Newcastle disease and free of
HPAI subtype H5N1 may be imported without further restriction if
accompanied by a certificate of origin issued by the national
government of the region of export.
(Approved by the Office of Management and Budget under control
numbers 0579-0015 and 0579-0307)
Sec. 95.6 [Amended]
0
5. Section 95.6 is amended as follows:
0
a. In the section heading, by removing the words ``and skins'' and
adding the words ``, skins, and bird trophies'' in their place.
0
b. In the introductory text, by adding the words ``or bird trophies''
after the word ``skins''.
0
c. In paragraph (a), by adding the words ``or bird trophies'' after the
word ``skins'' each time it appears.
0
d. In paragraph (c), in the first sentence, by removing the words ``and
rinderpest'' and adding the words ``, rinderpest, African swine fever,
and exotic Newcastle disease'' after the words ``foot-and-mouth
disease'' and, in the second sentence, by adding the words ``or bird
trophies'' after the word ``skins''.
Done in Washington, DC, this 4\th\ day of December 2009.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-29798 Filed 12-14-09; 8:45 am]
BILLING CODE 3410-34-S
