Live Goats and Swine for Export; Removal of Certain Testing Requirements, 56912-56914 [2010-23235]
Download as PDF
<![CDATA[
56912
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
Advance notice of proposed
rulemaking.
ACTION:
The Department of
Agriculture’s (USDA) Grain Inspection,
Packers, and Stockyards Administration
(GIPSA) is reviewing the United States
Standards and grading procedures for
Rough Rice, Brown Rice for Processing,
and Milled Rice under the Agriculture
Marketing Act of 1946 (AMA). Since the
standards were last revised, numerous
changes have occurred in the breeding
and production practices of rice; the
technology used to harvest, process, and
test rice; and also rice marketing. To
ensure that standards and official
grading practices remain relevant,
GIPSA invites interested parties to
comment on whether the current rice
standards and grading procedures need
to be changed.
DATES: Comments must be received on
or before December 16, 2010.
ADDRESSES: You may submit your
written or electronic comments on this
notice to:
• Mail: Tess Butler, GIPSA, USDA,
1400 Independence Avenue, SW., Room
1643–S, Washington, DC 20250–3604.
• E-Mail: comments.gipsa@usda.gov.
• Fax: (202) 690–2173
• Internet: Go to https://
www.regulations.gov and follow the online instruction for submitting
comments.
All comments will become a matter of
public record and should be identified
as ‘‘United States Standards for Rough
Rice, Brown Rice for Processing, and
Milled Rice Notice Comments,’’ making
reference to the date and page number
of this issue of the Federal Register.
Comments will be available for public
inspection in the above office during
regular business hours (7 CFR 1.27(b)).
Please call the GIPSA Management
Support Staff at (202) 720–7486 to make
an appointment to read comments
received.
FOR FURTHER INFORMATION CONTACT:
Beverly A. Whalen at GIPSA, USDA,
Beacon Facility, Stop 1404, P.O. Box
419205, Kansas City, MO 64131–6205;
Telephone: (816) 823–4648; Fax
Number: (816) 823–4644; e-mail:
Beverly.A.Whalen@usda.gov.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
SUMMARY:
Executive Order 12866
This rule has been determined to be
exempt for the purposes of Executive
Order 12866, and therefore has not been
reviewed by the Office of Management
and Budget (OMB).
Under the authority of the AMA (7
U.S.C. 1621–1627), as amended, GIPSA
establishes and maintains a variety of
VerDate Mar<15>2010
15:08 Sep 16, 2010
Jkt 220001
quality and grade standards for
agricultural commodities that define
commodity quality in the domestic and
global marketplace. Standards
developed by GIPSA under the AMA
include rice, whole dry peas, split peas,
feed peas, lentils, and beans. The AMA
standards are voluntary and widely
used in private contracts, government
procurement, marketing
communication, and, for some
commodities, consumer information.
The U.S. Standards for Rough Rice,
Brown Rice for Processing, and Milled
Rice standards were last revised in 1993
(58 FR 68015) and appear in the
regulations at 7 CFR 868.202–868.316.
The standards facilitate the marketing of
rice in foreign and domestic trade, and
provide a uniform measure of quality by
providing a common language to
describe commodity attributes for U.S.
producers, exporters and their
customers. Official procedures for
inspections are provided in GIPSA’s
Rice Inspection Handbook for
determining the various grading factors.
To learn more about Rough Rice, Brown
Rice for Processing, and Milled Rice
standardization and quality, visit the
GIPSA Web site at https://
www.gipsa.usda.gov.
GIPSA inspects shipments of rice in
accordance with AMA standards to
establish the grade of the rice and issues
inspection certificates for each
shipment. GIPSA-issued certificates
describing the quality and condition of
graded rice are accepted as prima facie
evidence in all Federal courts (7 U.S.C
1622(h). U.S. rice standards and the
affiliated grading and testing services
offered by GIPSA verify that a seller’s
rice meets specified requirements, and
ensure that customers receive the
quality of rice they purchased. In
addition to Federal usage, the rice
standards are applied by one State and
one private cooperator.
In order for U.S. standards and
grading procedures for Rough Rice,
Brown Rice for Processing, and Milled
Rice to remain relevant, GIPSA is
issuing this advance notice of proposed
rulemaking to invite interested parties
to submit comments, ideas, and
suggestions on all aspects of the U.S.
rice standards and grading procedures.
Authority: 7 U.S.C. 1621–1627.
J. Dudley Butler,
Administrator, Grain Inspection, Packers and
Stockyards Administration.
[FR Doc. 2010–23188 Filed 9–16–10; 8:45 am]
BILLING CODE 3410–KD–P
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 91
[Docket No. APHIS-2009-0067]
RIN 0579-AD18
Live Goats and Swine for Export;
Removal of Certain Testing
Requirements
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the livestock exportation regulations to
eliminate the requirement for pre-export
tuberculosis and brucellosis testing of
goats and breeding swine intended for
export to countries that do not require
such tests. This action would facilitate
the exportation of goats and breeding
swine by eliminating the need to
conduct pre-export tuberculosis and
brucellosis testing when the receiving
country does not require such testing.
DATES: We will consider all comments
that we receive on or before November
16, 2010.
ADDRESSES: You may submit comments
by either of the following methods:
∑ Federal eRulemaking Portal: Go to
(https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS2009-0067) to submit or view comments
and to view supporting and related
materials available electronically.
∑ Postal Mail/Commercial Delivery:
Please send one copy of your comment
to Docket No. APHIS-2009-0067,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD
20737-1238. Please state that your
comment refers to Docket No. APHIS2009-0067.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690-2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
(https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr.
Antonio Ramirez, Senior Staff
SUMMARY:
E:\FR\FM\17SEP1.SGM
17SEP1
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
Veterinarian, Technical Trade Services,
National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 7348364.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
Background
The regulations in 9 CFR part 91,
‘‘Inspection and Handling of Livestock
for Exportation’’ (referred to below as
the regulations), prescribe conditions for
exporting animals from the United
States. Section 91.6 requires that goats
intended for exportation be tested for
tuberculosis and, for some goats,
brucellosis prior to export. Section 91.9
requires that breeding swine intended
for exportation be tested for brucellosis
prior to export.
The regulations provide certain
exceptions to the testing requirements
for goats. Specifically, the regulations in
§ 91.6(a)(4) exempt goats being exported
for immediate slaughter from complying
with export requirements set forth in the
section, including the testing
requirements for tuberculosis and
brucellosis. There are no exceptions to
the brucellosis testing requirement for
breeding swine in § 91.9.
Some countries do not require that
goats and breeding swine be tested for
tuberculosis and brucellosis prior to
export. Even in such cases, though, our
regulations require that such testing be
conducted. Thus, these requirements
can create an unnecessary burden for
producers when testing is not required
to satisfy the import regulations of the
country to which they are exporting
goats and breeding swine. To relieve
this unnecessary burden, we are
proposing to amend the regulations to
exempt goats and breeding swine from
tuberculosis and brucellosis testing
prior to export if such testing is not
required by the receiving country.
Specifically, we would amend
paragraph (a)(4) of § 91.6 by adding
provisions that would exempt all goats
over 1 month of age being exported from
the United States from that section’s
tuberculosis testing requirements, if
such testing is not required by the
receiving country. We would also add
provisions that would exempt dairy and
breeding goats being exported from the
United States from that section’s
brucellosis testing requirements.
For swine, we would add a new
paragraph to § 91.9 to provide that
breeding swine being exported from the
United States do not have to be tested
for brucellosis if such testing is not
required by the receiving country.
Currently, the provisions in § 91.9 are
contained in a single paragraph (a); that
VerDate Mar<15>2010
15:08 Sep 16, 2010
Jkt 220001
paragraph addresses both the condition
that swine being exported from the
United States have not been fed garbage
at any time and the condition that
breeding swine being exported from the
United States test negative for
brucellosis. In order to make the
provisions of § 91.9 clearer, and in order
to accommodate the paragraph with the
proposed testing exemption, we would
split the current paragraph (a) into two
paragraphs. The proposed new
paragraph concerning testing
requirements would be added as
paragraph (c).
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866 and,
therefore, has not been reviewed by the
Office of Management and Budget.
We have prepared an economic
analysis for this action. The economic
analysis is posted with this proposed
rule on the Regulations.gov Web site
(see ADDRESSES above for instructions
for accessing Regulations.gov) and may
be obtained from the person listed
under FOR FURTHER INFORMATION
CONTACT.
The analysis identifies live goat and
swine exporters as the small entities
most likely to be affected by this action
and considers the costs associated with
the elimination of tuberculosis and
brucellosis testing requirements for
goats and swine being exported to
countries that do require such tests.
Based on the information presented in
the analysis, we expect that the goat and
swine wholesale trading industry would
experience a reduction in compliance
costs as a result of this action although
the savings would be small in
comparison to the value of the animals
being exported. Under these
circumstances, the Administrator of the
Animal and Plant Health Inspection
Service has determined that this action
would not have a significant economic
impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
56913
regulations that are inconsistent with
this rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
List of Subjects in 9 CFR Part 91
Animal diseases, Animal welfare,
Exports, Livestock, Reporting and
recordkeeping requirements,
Transportation.
■ Accordingly, we propose to amend 9
CFR part 91 as follows:
PART 91—INSPECTION AND
HANDLING OF LIVESTOCK FOR
EXPORTATION
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.
2. In § 91.6, paragraph (a)(4) is revised
to read as follows:
■
§ 91.6
Goats.
(a) * * *
(4) Exemptions. (i) Goats exported for
immediate slaughter need not comply
with the requirements of paragraphs
(a)(1), (a)(2), (a)(3), and (a)(5) of this
section.
(ii) Tuberculosis testing is not
required for goats over 1 month of age
exported to a country that does not
require goats from the United States to
be tested for tuberculosis as described in
paragraph (a)(1) of this section.
(iii) Brucellosis testing is not required
for dairy and breeding goats exported to
a country that does not require goats
from the United Stated to be tested for
brucellosis as described in paragraph
(a)(1) of this section.
*
*
*
*
*
■ 3. Section 91.9 is revised to read as
follows:
§ 91.9
Swine.
(a) No swine shall be exported if they
were fed garbage at any time. The swine
shall be accompanied by a certification
from the owner stating that they were
not fed garbage, and that any additions
to the herd made within the 30 days
immediately preceding the export
shipment have been maintained isolated
from the swine to be exported.
E:\FR\FM\17SEP1.SGM
17SEP1
56914
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
(b) Except as provided in paragraph
(c) of this section, all breeding swine
shall be tested for and show negative
test results to brucellosis by a test
prescribed in ‘‘Standard Agglutination
Test Procedures for the Diagnosis of
Brucellosis’’ or ‘‘Supplemental Test
Procedures for the Diagnosis of
Brucellosis.’’ The test results shall be
classified negative in accordance with
the provisions prescribed in the
Recommended Brucellosis Eradication
Uniform Methods and Rules, chapter 2,
part II, G, 1, 2, and 3.
(c) Breeding swine exported to a
country that does not require breeding
swine from the United States to be
tested for brucellosis need not comply
with the requirements of paragraph (b)
of this section.
(Approved by the Office of
Management and Budget under control
number 0579-0020)
Done in Washington, DC, this 13th day
of September 2010.
Kevin Shea
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–23235 Filed 9–16–10: 8:45 am]
BILLING CODE 3410–34–S
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
fdmspublic/component/
main?main=DocketDetail&d=APHIS2009-0078) to submit or view comments
and to view supporting and related
materials available electronically.
∑ Postal Mail/Commercial Delivery:
Please send one copy of your comment
to Docket No. APHIS-2009-0078,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD
20737-1238. Please state that your
comment refers to Docket No. APHIS2009-0078.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690-2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
(https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr.
Courtney Bronner Williams, Senior Staff
Veterinarian, Technical Trade Services,
National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 39,
Riverdale, MD; 20737-1231; (301) 7348364.
9 CFR Part 91
SUPPLEMENTARY INFORMATION:
[Docket No. APHIS-2009-0078]
Background
RIN 0579-AD25
The regulations in 9 CFR part 91,
‘‘Inspection and Handling of Livestock
for Exportation’’ (referred to below as
the regulations), prescribe conditions for
exporting animals from the United
States. The regulations state, among
other things, that all animals, except
animals exported by land to Canada or
Mexico, must be exported through
designated ports of embarkation, unless
the exporter can show that the animals
would suffer undue hardship if they
were required to be moved to a
designated port of embarkation.
Paragraph (a) of § 91.14 lists ports that
have been designated by the Animal and
Plant Health Inspection Service (APHIS)
as having met the requirements for use
as ports of embarkation. To receive such
a designation from APHIS, a port must
have an export inspection facility
available for the inspection, holding,
feeding, and watering of animals prior
to exportation. Approved export
inspection facilities, along with their
contact information, are also listed in
§ 91.14(a). Under the regulations, export
inspection facilities must meet the
Removal of the List of Ports of
Embarkation and Export Inspection
Facilities from the Regulations
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the live animal export regulations by
removing the list of designated ports of
embarkation and their associated export
inspection facilities. As a result of this
rulemaking, those ports and facilities
would henceforth be listed on the
Internet rather than in the regulations,
thus enabling us to amend the list, when
necessary, in a timelier manner than we
can now and allowing us greater
flexibility in regulating animal exports.
DATES: We will consider all comments
that we receive on or before November
16, 2010.
ADDRESSES: You may submit comments
by either of the following methods:
∑ Federal eRulemaking Portal: Go to
(https://www.regulations.gov/
wwoods2 on DSKDVH8Z91PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
15:08 Sep 16, 2010
Jkt 220001
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
standards contained in § 91.14(c)
concerning physical construction
requirements, facility size, inspection
implements (e.g., pens and animal
restraining devices), cleaning and
disinfection, feed and water, access by
inspectors, animal handling
arrangements, testing and treatment of
animals, facility location, disposal of
animal wastes, lighting, office and
restroom facilities, and walkways.
Because the designated ports of
embarkation and associated export
inspection facilities are now listed in
the regulations, the list can only be
amended to add or remove ports or
export inspection facilities or to update
contact information by means of
rulemaking. In order to allow for more
timely changes, we are proposing to
remove this list from the regulations. In
its place, we would add a new
paragraph (a) stating that all ports that
have export inspection facilities that an
APHIS veterinarian has determined
satisfy the requirements of § 91.14(c)
would be designated as ports of
embarkation. The proposed paragraph
would further state that the list of
designated ports and inspection
facilities can be obtained from an APHIS
Veterinary Services area office or
viewed on the Internet on the APHIS
Web site. Finally, proposed paragraph
(a) would provide, as does the
introductory text of the existing
paragraph (a), that all animals, except
animals being exported by land to
Mexico or Canada, must be exported
through the listed ports or through other
ports designated in special cases by the
Administrator, as provided in § 91.14(b).
We are also proposing some changes
to § 91.14(d), which pertains to approval
and denial, revocation, or suspension of
approval of export inspection facilities.
Currently, the paragraph states that
approval of an export inspection facility
will be denied or revoked if the facility
fails to meet the standards contained in
§ 91.14(c). The operator of the facility is
notified in writing if approval is denied
or revoked, in the latter case, at least 60
days prior to the date of the proposed
revocation. The written notice details
the deficiencies of the facility, and the
operator is given an opportunity to
respond. Pending a final determination,
approval of any facility may be denied
or suspended by the Administrator
when he has reason to believe that the
facility does not meet the standards set
forth in the regulations.
The paragraph, as currently written, is
somewhat ambiguous regarding the
circumstances that may trigger a
revocation of approval. In order to
clarify the regulations and ensure that
standards are being maintained at ports
E:\FR\FM\17SEP1.SGM
17SEP1
]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56912-56914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23235]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. APHIS-2009-0067]
RIN 0579-AD18
Live Goats and Swine for Export; Removal of Certain Testing
Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the livestock exportation
regulations to eliminate the requirement for pre-export tuberculosis
and brucellosis testing of goats and breeding swine intended for export
to countries that do not require such tests. This action would
facilitate the exportation of goats and breeding swine by eliminating
the need to conduct pre-export tuberculosis and brucellosis testing
when the receiving country does not require such testing.
DATES: We will consider all comments that we receive on or before
November 16, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0067) to submit or view comments
and to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2009-0067, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2009-0067.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at (https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr. Antonio Ramirez, Senior Staff
[[Page 56913]]
Veterinarian, Technical Trade Services, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;
(301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 91, ``Inspection and Handling of
Livestock for Exportation'' (referred to below as the regulations),
prescribe conditions for exporting animals from the United States.
Section 91.6 requires that goats intended for exportation be tested for
tuberculosis and, for some goats, brucellosis prior to export. Section
91.9 requires that breeding swine intended for exportation be tested
for brucellosis prior to export.
The regulations provide certain exceptions to the testing
requirements for goats. Specifically, the regulations in Sec.
91.6(a)(4) exempt goats being exported for immediate slaughter from
complying with export requirements set forth in the section, including
the testing requirements for tuberculosis and brucellosis. There are no
exceptions to the brucellosis testing requirement for breeding swine in
Sec. 91.9.
Some countries do not require that goats and breeding swine be
tested for tuberculosis and brucellosis prior to export. Even in such
cases, though, our regulations require that such testing be conducted.
Thus, these requirements can create an unnecessary burden for producers
when testing is not required to satisfy the import regulations of the
country to which they are exporting goats and breeding swine. To
relieve this unnecessary burden, we are proposing to amend the
regulations to exempt goats and breeding swine from tuberculosis and
brucellosis testing prior to export if such testing is not required by
the receiving country.
Specifically, we would amend paragraph (a)(4) of Sec. 91.6 by
adding provisions that would exempt all goats over 1 month of age being
exported from the United States from that section's tuberculosis
testing requirements, if such testing is not required by the receiving
country. We would also add provisions that would exempt dairy and
breeding goats being exported from the United States from that
section's brucellosis testing requirements.
For swine, we would add a new paragraph to Sec. 91.9 to provide
that breeding swine being exported from the United States do not have
to be tested for brucellosis if such testing is not required by the
receiving country.
Currently, the provisions in Sec. 91.9 are contained in a single
paragraph (a); that paragraph addresses both the condition that swine
being exported from the United States have not been fed garbage at any
time and the condition that breeding swine being exported from the
United States test negative for brucellosis. In order to make the
provisions of Sec. 91.9 clearer, and in order to accommodate the
paragraph with the proposed testing exemption, we would split the
current paragraph (a) into two paragraphs. The proposed new paragraph
concerning testing requirements would be added as paragraph (c).
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
We have prepared an economic analysis for this action. The economic
analysis is posted with this proposed rule on the Regulations.gov Web
site (see ADDRESSES above for instructions for accessing
Regulations.gov) and may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT.
The analysis identifies live goat and swine exporters as the small
entities most likely to be affected by this action and considers the
costs associated with the elimination of tuberculosis and brucellosis
testing requirements for goats and swine being exported to countries
that do require such tests. Based on the information presented in the
analysis, we expect that the goat and swine wholesale trading industry
would experience a reduction in compliance costs as a result of this
action although the savings would be small in comparison to the value
of the animals being exported. Under these circumstances, the
Administrator of the Animal and Plant Health Inspection Service has
determined that this action would not have a significant economic
impact on a substantial number of small entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
0
Accordingly, we propose to amend 9 CFR part 91 as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
0
1. The authority citation for part 91 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C.
136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and
371.4.
0
2. In Sec. 91.6, paragraph (a)(4) is revised to read as follows:
Sec. 91.6 Goats.
(a) * * *
(4) Exemptions. (i) Goats exported for immediate slaughter need not
comply with the requirements of paragraphs (a)(1), (a)(2), (a)(3), and
(a)(5) of this section.
(ii) Tuberculosis testing is not required for goats over 1 month of
age exported to a country that does not require goats from the United
States to be tested for tuberculosis as described in paragraph (a)(1)
of this section.
(iii) Brucellosis testing is not required for dairy and breeding
goats exported to a country that does not require goats from the United
Stated to be tested for brucellosis as described in paragraph (a)(1) of
this section.
* * * * *
0
3. Section 91.9 is revised to read as follows:
Sec. 91.9 Swine.
(a) No swine shall be exported if they were fed garbage at any
time. The swine shall be accompanied by a certification from the owner
stating that they were not fed garbage, and that any additions to the
herd made within the 30 days immediately preceding the export shipment
have been maintained isolated from the swine to be exported.
[[Page 56914]]
(b) Except as provided in paragraph (c) of this section, all
breeding swine shall be tested for and show negative test results to
brucellosis by a test prescribed in ``Standard Agglutination Test
Procedures for the Diagnosis of Brucellosis'' or ``Supplemental Test
Procedures for the Diagnosis of Brucellosis.'' The test results shall
be classified negative in accordance with the provisions prescribed in
the Recommended Brucellosis Eradication Uniform Methods and Rules,
chapter 2, part II, G, 1, 2, and 3.
(c) Breeding swine exported to a country that does not require
breeding swine from the United States to be tested for brucellosis need
not comply with the requirements of paragraph (b) of this section.
(Approved by the Office of Management and Budget under control
number 0579-0020)
Done in Washington, DC, this 13\th\ day of September 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-23235 Filed 9-16-10: 8:45 am]
BILLING CODE 3410-34-S
