Evaluation and Recognition of the Animal Health Status of Compartments, 12955-12959 [2019-06473]

Download as PDF khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules information authorized by statute or Executive Order). It will not always be possible to determine at the time information is received or compiled in this system of records whether the information is or will be relevant and necessary to a law enforcement investigation. For example, a tip or lead that does not appear relevant or necessary when combined with other information that reveals a pattern or that comes to light later. • 5 U.S.C. 552a(e)(4)(G) and (H) (the requirements to describe procedures by which subjects may be notified of whether the system of records contains records about them and seek access or amendment of a record). These requirements concern individual access to records, and the records are exempt under subsections (c) and (d) of the Act, as described above. To the extent that subsection (e)(4)(G) and (H) are interpreted to require the Agency to promulgate more detailed procedures regarding record notification, access, or amendment than have been published in the Federal Register, exemption from those provisions is necessary for the same rationale as applies to subsections (c) and (d). • 5 U.S.C. 552a(e)(4)(I) (the requirement to describe the categories of record sources). To the extent that this subsection is interpreted to require a more detailed description regarding the record sources in this system than has been published in the Federal Register, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to FRTIB or as part of the Thrift Savings Plan (TSP). Further, because records used to investigate and prosecute allegations of fraud and forgery against participant accounts could come from any source, it is not possible to know every category in advance in order to list them all in FRTIB’s accompanying SORN. Some record source categories may not be appropriate to make public in the SORN if, for example, revealing them could enable individuals to discover investigative techniques and devise ways to bypass them to evade detection and apprehension. • 5 U.S.C. 552a(f) (the requirement to promulgate rules to implement provisions of the Privacy Act). To the extent that this subsection is interpreted to require agency rules addressing the aforementioned exempted requirements, exemption from this provision is also necessary to protect the sources of law enforcement and intelligence information and to protect the privacy VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 and safety of witnesses and informants and others who provide information to FRTIB or as part of the TSP. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal employees and members of the uniformed services who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees’ Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514, and which is administered by the Agency. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501 1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. List of Subjects in 5 CFR Part 1630 Privacy. Accordingly, FRTIB proposes to revise 5 CFR part 1630 as follows: PART 1630—PRIVACY ACT REGULATIONS 1. The authority citation for Part 1630 continues to read as follows: Authority: 5 U.S.C. 552a. 2. Amend § 1630.15 by revising paragraph (b) to read as follows: ■ § 1630.15 Exemptions. * * * * * (b) Those designated systems of records which are exempt from the requirements of sections (c)(3); (d); (e)(1); (e)(4)(G), (H), (I); and (f) of the Privacy Act, 5 U.S.C. 552a, include FRTIB–13, Fraud and Forgery Records. Dated: March 21, 2019. Ravindra Deo, Executive Director. [FR Doc. 2019–06166 Filed 4–2–19; 8:45 am] BILLING CODE P PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 92 [Docket No. APHIS–2017–0105] RIN 0579–AE43 Evaluation and Recognition of the Animal Health Status of Compartments Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. AGENCY: We are proposing to establish standards to allow us to recognize compartments for animal disease status, consistent with World Organization for Animal Health international standards. Under this proposed rule, when a foreign government submits a request for recognition of a compartment, we would conduct a disease risk assessment based on a list of eight factors that closely parallel those we use when conducting regionalization evaluations, and we would provide for public notice of and comment on the risk assessment. We would also add provisions for imposing import restrictions and/or prohibitions when a compartment we have recognized as disease-free experiences an outbreak and for lifting those sanctions once the outbreak has been controlled. These proposed standards would provide a tool that may be used to preserve international trade when regionalization is not feasible. DATES: We will consider all comments that we receive on or before June 3, 2019. SUMMARY: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docket Detail;D=APHIS-2017-0105. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2017–0105, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road, Unit 118, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/#!docket Detail;D=APHIS-2017-0105 or in our reading room, which 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, ADDRESSES: ■ 12955 E:\FR\FM\03APP1.SGM 03APP1 12956 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules please call (202) 799–7039 before coming. Dr. Lisa Rochette, Staff Officer, Regionalization Evaluation Services, Strategy and Policy, VS, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606; (919) 855–7276; lisa.t.rochette@aphis.usda.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: khammond on DSKBBV9HB2PROD with PROPOSALS Background The regulations in 9 CFR part 92, ‘‘Importation of Animals and Animal Products; Procedures for Requesting Recognition of Regions’’ (referred to below as the regulations), set forth the process by which a foreign government may request recognition of the animal health status of a region. These regulations require that such requests be accompanied by information regarding the region that will enable the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture to evaluate the request. In order to conduct a valid evaluation of a region’s animal health status and any risk that may be associated with the action requested, it is important that APHIS have complete and pertinent information regarding the region, its disease history, its animal health practices and capabilities, and any effect its import practices or relationship to adjacent regions might have on disease risk. Using information provided by the government of requesting country or region, information obtained on site visits, and publically available information, we base our evaluations on our assessment of the following eight factors: • Scope of the evaluation being requested; • Veterinary control and oversight; • Disease history and vaccination practices; • Livestock demographics and traceability; • Epidemiological separation from potential sources of infection; • Diagnostic laboratory capabilities; • Surveillance practices; and • Emergency preparedness and response. When regionalization is not feasible, compartmentalization is a tool that may be used to preserve trade. Compartmentalization is a procedure that a country may implement to define and manage animal subpopulations of distinct health status and under common biosecurity management within its territory, in accordance with the guidelines in the World Organization for Animal Health (OIE) Terrestrial Animal Health Code, for the VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 purpose of disease control and international trade. Compartmentalization is distinct from regionalization, which involves the recognition of geographical zones of a country that can be identified and characterized by their level of risk for different diseases, but the two are not mutually exclusive. While APHIS recently established domestic compartmentalization for primary poultry breeders under the National Poultry Improvement Plan, the regulations in part 92 do not provide standards for the recognition of compartments in countries or regions wishing to export live animals or animal products to the United States. Such standards are necessary to enable us to use compartmentalization as another tool, along with regionalization, to minimize trade disruptions in the event of a disease outbreak. We are therefore proposing to add requirements for the recognition of compartments for animal disease status to the regulations. The proposed requirements, which would closely track the existing ones for recognizing regions, would include a list of eight factors on which we would base our evaluations of the compartments and would provide for a process that would allow the public to review and comment on our risk documentation prior to our making a final determination on the status of a compartment under consideration. We would also provide for the imposition of restrictions and/or prohibitions when a compartment we have recognized as disease-free experiences an outbreak and for their removal once the outbreak has been controlled. Adding such a process to the regulations would necessitate revising the current heading for 9 CFR part 92, which only covers regions. The revised heading would include a reference to compartments. The existing regulations do not define compartment. We propose to add a definition of compartment to § 92.1 to read as follows: Any defined animal subpopulation contained in one or more establishments under a common biosecurity management system for which surveillance, control, and biosecurity measures have been applied with respect to a specific disease. The proposed definition is in keeping with the description of compartmentalization provided above. Current § 92.2 contains requirements for recognition of a region for disease status. Paragraph (a) contains general procedures for a foreign government or APHIS to follow when initiating a request for such recognition. Paragraph (b) lists the information the requesting PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 government is required to provide in order for APHIS to conduct the evaluation. Paragraph (c) lists the information required to support a request for APHIS to conduct an evaluation in order to recognize a foreign region as historically free of a disease. Paragraph (d) directs the reader to the lists maintained on the APHIS website of countries’ and regions’ disease statuses. Paragraphs (e) and (f) describe the process APHIS employs to allow the public to comment on its evaluations. Paragraph (g) states that if a region’s request is granted, the region may still be required to submit additional information or allow APHIS to engage in additional informationgathering activities. Since proposed § 92.2 would apply to compartments as well as regions, we would revise the section heading and several paragraphs that currently refer only to regions by adding references to compartments as well. We would revise paragraph (a) in this manner, thereby indicating that the general procedures for initiating a market request would apply for compartments as well as for regions. We would also update the address to which foreign governments would submit their requests for recognition of regional or compartmental disease status. Paragraphs (b) and (c) would continue to apply only to regions. We are not proposing to make any substantive changes to those paragraphs. However, we are proposing to redesignate current paragraphs (d), (e), (f), and (g) as paragraphs (e), (g), (h), and (i), respectively, and add new paragraphs (d) and (f). In new paragraph (d), we are proposing to list the factors on which we would base our evaluation of a compartment for disease status. As is the case for regions, the requesting government would need to submit information, in English, that APHIS would use to assess the compartment on each factor. The proposed paragraph would also provide a hyperlink and a mailing address for the foreign government to use to obtain more detailed information regarding the specific types of data that will enable APHIS to most expeditiously conduct an evaluation of the request. The factors we would evaluate are: • Scope of the evaluation being requested; • Veterinary control and oversight of the compartment; • Disease history and vaccination practices; • Livestock or poultry commodity movement and traceability; E:\FR\FM\03APP1.SGM 03APP1 khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules • Epidemiologic separation of the compartment from potential sources of infection; • Surveillance; • Diagnostic laboratory capabilities; and • Emergency preparedness and response. With one exception, which will be discussed in detail below, these eight proposed factors very closely parallel the existing ones for recognition of regions listed in current paragraphs (b)(1) through (8). We would, however, specifically reference compartments in proposed paragraphs (d)(2) and (5), respectively, which would consist of the second and fifth bulleted items above. Current paragraph (b)(4) requires the national government(s) requesting an evaluation of a region for disease status to submit information to APHIS regarding livestock demographics and traceability in the region. We do not believe that by simply incorporating the language from that paragraph, we could necessarily obtain the information we need in relation to compartments. Instead, proposed paragraph (d)(4) would require the submission of information on livestock or poultry commodity movement and traceability into, within, and out of the compartment, paying particular attention to protocols that must be followed at each of these phases to allow for such movements. That information would aid us in determining how the compartment under consideration would keep its animal population separate from the rest of the animal population in the country or region within which the compartment exists. Unlike current paragraph (b)(4), proposed paragraph (d)(4) would not refer to livestock demographics, a factor that the limited scope of compartmentalization risk assessments would render largely irrelevant. In most cases, the compartment we would be evaluating would comprise a set of vertically integrated farm(s), feedmill(s), and other production sites (e.g., hatcheries) encompassing one species, along with associated commercial outputs managed by one company. The compartmentalized animal subpopulation/species would be distinct from the livestock population outside of the compartment. In new paragraph (f), we propose to state that a list of countries that have requested an APHIS compartmentalization evaluation, and a description of the requested compartment(s), would be available in a document posted to: https:// www.aphis.usda.gov/aphis/ourfocus/ VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 animalhealth/export/internationalstandard-setting-activities-oie/ regionalization/ct_reg_request. This proposed paragraph is similar to current paragraph (d) (which would be redesignated as paragraph (e)), which pertains to the information we would make available to the public on regions requesting a status evaluation. Current paragraph (g) (which would be redesignated as paragraph (i)) states that if a region is granted animal health status under the provisions of this section, that region may be required to submit additional information pertaining to its animal health status or allow APHIS to conduct additional information-gathering activities in order for that region to maintain its animal health status. Under this proposed rule, the provision would apply to compartments as well; therefore, we would revise the paragraph by adding references to compartments where appropriate. Current § 94.4 contains requirements for interim disease status designations, i.e., the imposition of importation restrictions and/or prohibitions when there is a disease outbreak in a region we have previously recognized as free of a disease, for a subsequent reassessment by APHIS of the region’s status, and for the reestablishment of its previous disease-free status when the outbreak has been controlled and the prohibitions or restrictions are no longer needed. As indicated in § 92.4(a), when such an outbreak occurs, APHIS will take immediate action to prohibit or restrict imports from the entire region or, if appropriate, a portion of it, will assign an interim disease-status designation to the region or portion thereof, and will notify the public of the status change via a notice in the Federal Register. As stated in § 92.4(b), APHIS may subsequently conduct a reassessment of the disease situation in the region. Prior to taking any action to relieve the prohibitions or restrictions we have imposed, we will make information regarding our reassessment of the region’s disease status available to the public for comment via a notice in the Federal Register. Paragraph (c) states that based on the findings of our reassessment and the comments we receive on the initial notice, we may publish a second notice in the Federal Register announcing our determination or, if needed, another document in the Federal Register requesting additional comments. Since the proposed requirements in § 92.4 would apply to entire regions, portions of regions, and compartments, we would add references to PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 12957 compartments, as appropriate, throughout the section. Miscellaneous In current § 92.2 paragraphs (a), (b), (c), and (d), there are mailing addresses and/or URLs that are outdated. We would update that information. In addition, as explained previously, our proposed additions of new paragraphs (d) and (f) to § 92.2 necessitate the redesignation of current paragraphs (d), (e), (f), and (g) as paragraphs (e), (g), (h), and (i), respectively. In newly redesignated paragraph (e), we would make an editorial change to eliminate possible confusion about who may make a request for evaluation of disease status. In newly redesignated paragraph (g), we would revise references to other paragraphs in § 92.2 to reflect the redesignations. Executive Orders 12866 and 13771 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. This proposed rule is not expected to be an Executive Order 13771 regulatory action because this proposed rule is not significant under Executive Order 12866. Further, APHIS considers this rule to be a deregulatory action under Executive Order 13771 as the action is intended to minimize trade disruptions and could thereby provide benefits to producers and consumers. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see ADDRESSES above for instructions for accessing Regulations.gov). We are proposing to establish standards to allow us to recognize compartments for animal disease status, consistent with OIE international standards. This proposed rule would add compartmentalization as an option for evaluating disease status, but would not propose a specific implementation of this option. The potential economic effects of imports based on a compartmentalization approach would depend on the disease status evaluation specific to the particular commodity and facility and the expected volume of the commodity that would be imported under this option. Under this proposed rule, we would perform a risk analysis E:\FR\FM\03APP1.SGM 03APP1 12958 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules to evaluate the animal health status of a compartment, as we currently do when evaluating regions. If after conducting the evaluation, we deemed the risk of importing animals or animal products from that compartment in accordance with the regulations to be acceptable, we would publish a notice in the Federal Register announcing the availability of the risk documentation for public review and comment. Because this proposed rule would not include the implementation of any specific compartmentalization decisions, there are no costs or cost savings that would directly result from this action. Gains could be realized when compartmentalization is implemented, however, because it may serve as a means of minimizing trade disruptions. 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 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. khammond on DSKBBV9HB2PROD with PROPOSALS Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection requirements included in this proposed rule have already been approved by the Office of Management and Budget under control number 0579– 0040. 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 proposed rule, please contact Ms. Kimberly Hardy, APHIS’ Information Collection Coordinator, at (301) 851– 2483. List of Subjects in 9 CFR Part 92 Animal diseases, Imports, Incorporation by reference, Livestock, VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 Poultry and poultry products, Region, Reporting and recordkeeping requirements. Accordingly, we propose to amend 9 CFR part 92 as follows: PART 92—IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR REQUESTING RECOGNITION OF REGIONS AND COMPARTMENTS 1. The authority citation for part 92 continues to read as follows: ■ Authority: 7 U.S.C. 1622 and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 2. The heading of part 92 is revised to read as set forth above. ■ 3. Section 92.1 is amended by adding in alphabetical order a definition of Compartment to read as follows: ■ § 92.1 Definitions. * * * * * Compartment. Any defined animal subpopulation contained in one or more establishments under a common biosecurity management system for which surveillance, control, and biosecurity measures have been applied with respect to a specific disease. * * * * * ■ 4. Section 92.2 is revised to read as follows: § 92.2 Application for recognition of the animal health status of a region or a compartment. (a) The representative of the national government(s) of any country or countries who has the authority to make such a request may request that APHIS recognize the animal health status of a region or a compartment.1 Such requests must be made in English and must be sent to the Administrator, c/o Strategy and Policy, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737– 1231. (Where possible, include a copy of the request and accompanying information in electronic format.) (b) Requests for recognition of the animal health status of a region, other than requests submitted in accordance with paragraph (c) of this section, must include, in English, the following information about the region. More detailed information regarding the specific types of information that will enable APHIS to most expeditiously conduct an evaluation of the request is available at: https:// 1 Additionally, APHIS may choose to initiate an evaluation of the animal health status of a foreign region or compartment on its own initiative. In such cases, APHIS will follow the same evaluation and notification procedures set forth in this section. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 www.aphis.usda.gov/aphis/ourfocus/ animalhealth/export/internationalstandard-setting-activities-oie/ regionalization/ct_reg_request or by contacting the National Director, Regionalization Evaluation Services, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737. (1) Scope of the evaluation being requested. (2) Veterinary control and oversight. (3) Disease history and vaccination practices. (4) Livestock demographics and traceability. (5) Epidemiological separation from potential sources of infection. (6) Surveillance. (7) Diagnostic laboratory capabilities. (8) Emergency preparedness and response. (c) Requests for recognition that a region is historically free of a disease based on the amount of time that has elapsed since the disease last occurred in a region, if it has ever occurred, must include, in English, the following information about the region. More detailed information regarding the specific types of information that will enable APHIS to most expeditiously conduct an evaluation of the request is available at: https:// www.aphis.usda.gov/aphis/ourfocus/ animalhealth/export/internationalstandard-setting-activities-oie/ regionalization/ct_reg_request or by contacting the National Director, Regionalization Evaluation Services, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737. For a region to be considered historically free of a disease, the disease must not have been reported in domestic livestock for at least the past 25 years and must not have been reported in wildlife for at least the past 10 years. (1) Scope of the evaluation being requested. (2) Veterinary control and oversight. (3) Disease history and vaccination practices. (4) Disease notification. (5) Disease detection. (6) Barriers to disease introduction. (d) Requests for recognition of the animal health status of a compartment must include, in English, the following information about the compartment. More detailed information regarding the specific types of information that will enable APHIS to most expeditiously conduct an evaluation of the request is available at: https:// www.aphis.usda.gov/aphis/ourfocus/ animalhealth/export/internationalstandard-setting-activities-oie/ regionalization/ct_reg_request or by contacting the National Director, E:\FR\FM\03APP1.SGM 03APP1 khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules Regionalization Evaluation Services, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737. (1) Scope of the evaluation being requested. (2) Veterinary control and oversight of the compartment. (3) Disease history and vaccination practices. (4) Livestock or poultry commodity movement and traceability. (5) Epidemiologic separation of the compartment from potential sources of infection. (6) Surveillance. (7) Diagnostic laboratory capabilities. (8) Emergency preparedness and response. (e) A list of those regions for which an APHIS recognition of their animal health status has been requested, the disease(s) under evaluation, and, if available, the animal(s) or product(s) the region wishes to export, is available at: https://www.aphis.usda.gov/aphis/ ourfocus/animalhealth/export/ international-standard-setting-activitiesoie/regionalization/ct_reg_request. (f) A list of countries that have requested an APHIS compartmentalization evaluation, and a description of the requested compartment is available at: https:// www.aphis.usda.gov/aphis/ourfocus/ animalhealth/export/internationalstandard-setting-activities-oie/ regionalization/ct_reg_request. (g) If, after review and evaluation of the information submitted in accordance with paragraph (b), (c), or (d) of this section, APHIS believes the request can be safely granted, APHIS will indicate its intent and make its evaluation available for public comment through a document published in the Federal Register. (h) APHIS will provide a period of time during which the public may comment on its evaluation. During the comment period, the public will have access to the information upon which APHIS based its evaluation, as well as the evaluation itself. Once APHIS has reviewed all comments received, it will make a final determination regarding the request and will publish that determination in the Federal Register. (i) If a region or compartment is granted animal health status under the provisions of this section, the representative of the national government(s) of any country or countries who has the authority to make a regionalization or compartmentalization request may be required to submit additional information pertaining to animal health status or allow APHIS to conduct additional information collection VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 activities in order for that region or compartment to maintain its animal health status. (Approved by the Office of Management and Budget under control number 0579–0040) ■ 5. Section 92.4 is revised to read as follows: § 92.4 Reestablishment of a region or compartment’s disease-free status. This section applies to regions or compartments that are designated under this subchapter as free of a specific animal disease and then experience an outbreak of that disease. (a) Interim designation. If a region or a compartment recognized as free of a specified animal disease in this subchapter experiences an outbreak of that disease, APHIS will take immediate action to prohibit or restrict imports of animals and animal products from the entire region, a portion of that region, or the compartment. APHIS will inform the public as soon as possible of the prohibitions and restrictions by means of a notice in the Federal Register. (b) Reassessment of the disease situation. (1) Following removal of disease-free status from all or part of a region or a compartment, APHIS may reassess the disease situation in that region or compartment to determine whether it is necessary to continue the interim prohibitions or restrictions. In reassessing disease status, APHIS will take into consideration the standards of the World Organization for Animal Health (OIE) for reinstatement of disease-free status, as well as all relevant information obtained through public comments or collected by or submitted to APHIS through other means. (2) Prior to taking any action to relieve prohibitions or restrictions, APHIS will make information regarding its reassessment of the region’s or compartment’s disease status available to the public for comment. APHIS will announce the availability of this information by means of a notice in the Federal Register. (c) Determination. Based on the reassessment conducted in accordance with paragraph (b) of this section regarding the reassessment information, APHIS will take one of the following actions: (1) Publish a notice in the Federal Register of its decision to reinstate the disease-free status of the region, portion of the region, or compartment; (2) Publish a notice in the Federal Register of its decision to continue the prohibitions or restrictions on the imports of animals and animal products from that region or compartment; or PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 12959 (3) Publish another document in the Federal Register for comment. Done in Washington, DC, this 28th day of March 2019. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2019–06473 Filed 4–2–19; 8:45 am] BILLING CODE 3410–34–P FARM CREDIT ADMINISTRATION 12 CFR Parts 611, 615, and 621 RIN 3052–AD09 Criteria To Reinstate Non-Accrual Loans Farm Credit Administration. Proposed rule. AGENCY: ACTION: The Farm Credit Administration (FCA, we, or our) proposes amending existing regulations governing how the Farm Credit System (System) classifies high-risk loans to improve the loan classification and reinstatement process. The proposed rule would clarify the factors considered when categorizing high-risk loans and placing them in nonaccrual status. The rule would also revise both the reinstatement criteria and its application to certain loans in nonaccrual status to distinguish between the types of risk that led to a loan being placed in nonaccrual status. DATES: You may send us comments on or before June 3, 2019. ADDRESSES: We offer a variety of methods for you to submit comments. For accuracy and efficiency reasons, commenters are encouraged to submit comments by email or through FCA’s website. As facsimiles (fax) are difficult for us to process and achieve compliance with section 508 of the Rehabilitation Act, we are no longer accepting comments submitted by fax. Regardless of the method you use, please do not submit your comment multiple times via different methods. You may submit comments by any of the following methods: • Email: Send us an email at regcomm@fca.gov. • FCA Website: http://www.fca.gov. Click inside the ‘‘I want to . . .’’ field near the top of the page; select ‘‘comment on a pending regulation’’ from the dropdown menu; and click ‘‘Go.’’ This takes you to an electronic public comment form. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. SUMMARY: E:\FR\FM\03APP1.SGM 03APP1

Agencies

[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Proposed Rules]
[Pages 12955-12959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06473]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. APHIS-2017-0105]
RIN 0579-AE43


Evaluation and Recognition of the Animal Health Status of 
Compartments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to establish standards to allow us to 
recognize compartments for animal disease status, consistent with World 
Organization for Animal Health international standards. Under this 
proposed rule, when a foreign government submits a request for 
recognition of a compartment, we would conduct a disease risk 
assessment based on a list of eight factors that closely parallel those 
we use when conducting regionalization evaluations, and we would 
provide for public notice of and comment on the risk assessment. We 
would also add provisions for imposing import restrictions and/or 
prohibitions when a compartment we have recognized as disease-free 
experiences an outbreak and for lifting those sanctions once the 
outbreak has been controlled. These proposed standards would provide a 
tool that may be used to preserve international trade when 
regionalization is not feasible.

DATES: We will consider all comments that we receive on or before June 
3, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0105.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2017-0105, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2017-
0105 or in our reading room, which 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,

[[Page 12956]]

please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Lisa Rochette, Staff Officer, 
Regionalization Evaluation Services, Strategy and Policy, VS, APHIS, 
920 Main Campus Drive, Suite 200, Raleigh, NC 27606; (919) 855-7276; 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 9 CFR part 92, ``Importation of Animals and 
Animal Products; Procedures for Requesting Recognition of Regions'' 
(referred to below as the regulations), set forth the process by which 
a foreign government may request recognition of the animal health 
status of a region. These regulations require that such requests be 
accompanied by information regarding the region that will enable the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture to evaluate the request.
    In order to conduct a valid evaluation of a region's animal health 
status and any risk that may be associated with the action requested, 
it is important that APHIS have complete and pertinent information 
regarding the region, its disease history, its animal health practices 
and capabilities, and any effect its import practices or relationship 
to adjacent regions might have on disease risk. Using information 
provided by the government of requesting country or region, information 
obtained on site visits, and publically available information, we base 
our evaluations on our assessment of the following eight factors:
     Scope of the evaluation being requested;
     Veterinary control and oversight;
     Disease history and vaccination practices;
     Livestock demographics and traceability;
     Epidemiological separation from potential sources of 
infection;
     Diagnostic laboratory capabilities;
     Surveillance practices; and
     Emergency preparedness and response.
    When regionalization is not feasible, compartmentalization is a 
tool that may be used to preserve trade. Compartmentalization is a 
procedure that a country may implement to define and manage animal 
subpopulations of distinct health status and under common biosecurity 
management within its territory, in accordance with the guidelines in 
the World Organization for Animal Health (OIE) Terrestrial Animal 
Health Code, for the purpose of disease control and international 
trade. Compartmentalization is distinct from regionalization, which 
involves the recognition of geographical zones of a country that can be 
identified and characterized by their level of risk for different 
diseases, but the two are not mutually exclusive.
    While APHIS recently established domestic compartmentalization for 
primary poultry breeders under the National Poultry Improvement Plan, 
the regulations in part 92 do not provide standards for the recognition 
of compartments in countries or regions wishing to export live animals 
or animal products to the United States. Such standards are necessary 
to enable us to use compartmentalization as another tool, along with 
regionalization, to minimize trade disruptions in the event of a 
disease outbreak. We are therefore proposing to add requirements for 
the recognition of compartments for animal disease status to the 
regulations. The proposed requirements, which would closely track the 
existing ones for recognizing regions, would include a list of eight 
factors on which we would base our evaluations of the compartments and 
would provide for a process that would allow the public to review and 
comment on our risk documentation prior to our making a final 
determination on the status of a compartment under consideration. We 
would also provide for the imposition of restrictions and/or 
prohibitions when a compartment we have recognized as disease-free 
experiences an outbreak and for their removal once the outbreak has 
been controlled.
    Adding such a process to the regulations would necessitate revising 
the current heading for 9 CFR part 92, which only covers regions. The 
revised heading would include a reference to compartments.
    The existing regulations do not define compartment. We propose to 
add a definition of compartment to Sec.  92.1 to read as follows: Any 
defined animal subpopulation contained in one or more establishments 
under a common biosecurity management system for which surveillance, 
control, and biosecurity measures have been applied with respect to a 
specific disease. The proposed definition is in keeping with the 
description of compartmentalization provided above.
    Current Sec.  92.2 contains requirements for recognition of a 
region for disease status. Paragraph (a) contains general procedures 
for a foreign government or APHIS to follow when initiating a request 
for such recognition. Paragraph (b) lists the information the 
requesting government is required to provide in order for APHIS to 
conduct the evaluation. Paragraph (c) lists the information required to 
support a request for APHIS to conduct an evaluation in order to 
recognize a foreign region as historically free of a disease. Paragraph 
(d) directs the reader to the lists maintained on the APHIS website of 
countries' and regions' disease statuses. Paragraphs (e) and (f) 
describe the process APHIS employs to allow the public to comment on 
its evaluations. Paragraph (g) states that if a region's request is 
granted, the region may still be required to submit additional 
information or allow APHIS to engage in additional information-
gathering activities.
    Since proposed Sec.  92.2 would apply to compartments as well as 
regions, we would revise the section heading and several paragraphs 
that currently refer only to regions by adding references to 
compartments as well. We would revise paragraph (a) in this manner, 
thereby indicating that the general procedures for initiating a market 
request would apply for compartments as well as for regions. We would 
also update the address to which foreign governments would submit their 
requests for recognition of regional or compartmental disease status.
    Paragraphs (b) and (c) would continue to apply only to regions. We 
are not proposing to make any substantive changes to those paragraphs. 
However, we are proposing to redesignate current paragraphs (d), (e), 
(f), and (g) as paragraphs (e), (g), (h), and (i), respectively, and 
add new paragraphs (d) and (f).
    In new paragraph (d), we are proposing to list the factors on which 
we would base our evaluation of a compartment for disease status. As is 
the case for regions, the requesting government would need to submit 
information, in English, that APHIS would use to assess the compartment 
on each factor. The proposed paragraph would also provide a hyperlink 
and a mailing address for the foreign government to use to obtain more 
detailed information regarding the specific types of data that will 
enable APHIS to most expeditiously conduct an evaluation of the 
request. The factors we would evaluate are:
     Scope of the evaluation being requested;
     Veterinary control and oversight of the compartment;
     Disease history and vaccination practices;
     Livestock or poultry commodity movement and traceability;

[[Page 12957]]

     Epidemiologic separation of the compartment from potential 
sources of infection;
     Surveillance;
     Diagnostic laboratory capabilities; and
     Emergency preparedness and response.
    With one exception, which will be discussed in detail below, these 
eight proposed factors very closely parallel the existing ones for 
recognition of regions listed in current paragraphs (b)(1) through (8). 
We would, however, specifically reference compartments in proposed 
paragraphs (d)(2) and (5), respectively, which would consist of the 
second and fifth bulleted items above.
    Current paragraph (b)(4) requires the national government(s) 
requesting an evaluation of a region for disease status to submit 
information to APHIS regarding livestock demographics and traceability 
in the region. We do not believe that by simply incorporating the 
language from that paragraph, we could necessarily obtain the 
information we need in relation to compartments. Instead, proposed 
paragraph (d)(4) would require the submission of information on 
livestock or poultry commodity movement and traceability into, within, 
and out of the compartment, paying particular attention to protocols 
that must be followed at each of these phases to allow for such 
movements. That information would aid us in determining how the 
compartment under consideration would keep its animal population 
separate from the rest of the animal population in the country or 
region within which the compartment exists. Unlike current paragraph 
(b)(4), proposed paragraph (d)(4) would not refer to livestock 
demographics, a factor that the limited scope of compartmentalization 
risk assessments would render largely irrelevant. In most cases, the 
compartment we would be evaluating would comprise a set of vertically 
integrated farm(s), feedmill(s), and other production sites (e.g., 
hatcheries) encompassing one species, along with associated commercial 
outputs managed by one company. The compartmentalized animal 
subpopulation/species would be distinct from the livestock population 
outside of the compartment.
    In new paragraph (f), we propose to state that a list of countries 
that have requested an APHIS compartmentalization evaluation, and a 
description of the requested compartment(s), would be available in a 
document posted to: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_reg_request. This proposed paragraph is similar to 
current paragraph (d) (which would be redesignated as paragraph (e)), 
which pertains to the information we would make available to the public 
on regions requesting a status evaluation.
    Current paragraph (g) (which would be redesignated as paragraph 
(i)) states that if a region is granted animal health status under the 
provisions of this section, that region may be required to submit 
additional information pertaining to its animal health status or allow 
APHIS to conduct additional information-gathering activities in order 
for that region to maintain its animal health status. Under this 
proposed rule, the provision would apply to compartments as well; 
therefore, we would revise the paragraph by adding references to 
compartments where appropriate.
    Current Sec.  94.4 contains requirements for interim disease status 
designations, i.e., the imposition of importation restrictions and/or 
prohibitions when there is a disease outbreak in a region we have 
previously recognized as free of a disease, for a subsequent 
reassessment by APHIS of the region's status, and for the 
reestablishment of its previous disease-free status when the outbreak 
has been controlled and the prohibitions or restrictions are no longer 
needed. As indicated in Sec.  92.4(a), when such an outbreak occurs, 
APHIS will take immediate action to prohibit or restrict imports from 
the entire region or, if appropriate, a portion of it, will assign an 
interim disease-status designation to the region or portion thereof, 
and will notify the public of the status change via a notice in the 
Federal Register. As stated in Sec.  92.4(b), APHIS may subsequently 
conduct a reassessment of the disease situation in the region. Prior to 
taking any action to relieve the prohibitions or restrictions we have 
imposed, we will make information regarding our reassessment of the 
region's disease status available to the public for comment via a 
notice in the Federal Register. Paragraph (c) states that based on the 
findings of our reassessment and the comments we receive on the initial 
notice, we may publish a second notice in the Federal Register 
announcing our determination or, if needed, another document in the 
Federal Register requesting additional comments.
    Since the proposed requirements in Sec.  92.4 would apply to entire 
regions, portions of regions, and compartments, we would add references 
to compartments, as appropriate, throughout the section.

Miscellaneous

    In current Sec.  92.2 paragraphs (a), (b), (c), and (d), there are 
mailing addresses and/or URLs that are outdated. We would update that 
information. In addition, as explained previously, our proposed 
additions of new paragraphs (d) and (f) to Sec.  92.2 necessitate the 
redesignation of current paragraphs (d), (e), (f), and (g) as 
paragraphs (e), (g), (h), and (i), respectively. In newly redesignated 
paragraph (e), we would make an editorial change to eliminate possible 
confusion about who may make a request for evaluation of disease 
status. In newly redesignated paragraph (g), we would revise references 
to other paragraphs in Sec.  92.2 to reflect the redesignations.

Executive Orders 12866 and 13771 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. This proposed rule is 
not expected to be an Executive Order 13771 regulatory action because 
this proposed rule is not significant under Executive Order 12866. 
Further, APHIS considers this rule to be a deregulatory action under 
Executive Order 13771 as the action is intended to minimize trade 
disruptions and could thereby provide benefits to producers and 
consumers.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov website (see ADDRESSES above for instructions 
for accessing Regulations.gov).
    We are proposing to establish standards to allow us to recognize 
compartments for animal disease status, consistent with OIE 
international standards. This proposed rule would add 
compartmentalization as an option for evaluating disease status, but 
would not propose a specific implementation of this option.
    The potential economic effects of imports based on a 
compartmentalization approach would depend on the disease status 
evaluation specific to the particular commodity and facility and the 
expected volume of the commodity that would be imported under this 
option. Under this proposed rule, we would perform a risk analysis

[[Page 12958]]

to evaluate the animal health status of a compartment, as we currently 
do when evaluating regions. If after conducting the evaluation, we 
deemed the risk of importing animals or animal products from that 
compartment in accordance with the regulations to be acceptable, we 
would publish a notice in the Federal Register announcing the 
availability of the risk documentation for public review and comment.
    Because this proposed rule would not include the implementation of 
any specific compartmentalization decisions, there are no costs or cost 
savings that would directly result from this action. Gains could be 
realized when compartmentalization is implemented, however, because it 
may serve as a means of minimizing trade disruptions.
    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 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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection 
requirements included in this proposed rule have already been approved 
by the Office of Management and Budget under control number 0579-0040.

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 proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

List of Subjects in 9 CFR Part 92

    Animal diseases, Imports, Incorporation by reference, Livestock, 
Poultry and poultry products, Region, Reporting and recordkeeping 
requirements.

    Accordingly, we propose to amend 9 CFR part 92 as follows:

PART 92--IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR 
REQUESTING RECOGNITION OF REGIONS AND COMPARTMENTS

0
1. The authority citation for part 92 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

0
2. The heading of part 92 is revised to read as set forth above.
0
3. Section 92.1 is amended by adding in alphabetical order a definition 
of Compartment to read as follows:


Sec.  92.1  Definitions.

* * * * *

Compartment. Any defined animal subpopulation contained in one or more 
establishments under a common biosecurity management system for which 
surveillance, control, and biosecurity measures have been applied with 
respect to a specific disease.
* * * * *
0
4. Section 92.2 is revised to read as follows:


Sec.  92.2   Application for recognition of the animal health status of 
a region or a compartment.

    (a) The representative of the national government(s) of any country 
or countries who has the authority to make such a request may request 
that APHIS recognize the animal health status of a region or a 
compartment.\1\ Such requests must be made in English and must be sent 
to the Administrator, c/o Strategy and Policy, VS, APHIS, 4700 River 
Road, Unit 38, Riverdale, MD 20737-1231. (Where possible, include a 
copy of the request and accompanying information in electronic format.)
---------------------------------------------------------------------------

    \1\ Additionally, APHIS may choose to initiate an evaluation of 
the animal health status of a foreign region or compartment on its 
own initiative. In such cases, APHIS will follow the same evaluation 
and notification procedures set forth in this section.
---------------------------------------------------------------------------

    (b) Requests for recognition of the animal health status of a 
region, other than requests submitted in accordance with paragraph (c) 
of this section, must include, in English, the following information 
about the region. More detailed information regarding the specific 
types of information that will enable APHIS to most expeditiously 
conduct an evaluation of the request is available at: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_reg_request or by 
contacting the National Director, Regionalization Evaluation Services, 
VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737.
    (1) Scope of the evaluation being requested.
    (2) Veterinary control and oversight.
    (3) Disease history and vaccination practices.
    (4) Livestock demographics and traceability.
    (5) Epidemiological separation from potential sources of infection.
    (6) Surveillance.
    (7) Diagnostic laboratory capabilities.
    (8) Emergency preparedness and response.
    (c) Requests for recognition that a region is historically free of 
a disease based on the amount of time that has elapsed since the 
disease last occurred in a region, if it has ever occurred, must 
include, in English, the following information about the region. More 
detailed information regarding the specific types of information that 
will enable APHIS to most expeditiously conduct an evaluation of the 
request is available at: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_reg_request or by contacting the National Director, 
Regionalization Evaluation Services, VS, APHIS, 4700 River Road, Unit 
38, Riverdale, MD 20737. For a region to be considered historically 
free of a disease, the disease must not have been reported in domestic 
livestock for at least the past 25 years and must not have been 
reported in wildlife for at least the past 10 years.
    (1) Scope of the evaluation being requested.
    (2) Veterinary control and oversight.
    (3) Disease history and vaccination practices.
    (4) Disease notification.
    (5) Disease detection.
    (6) Barriers to disease introduction.
    (d) Requests for recognition of the animal health status of a 
compartment must include, in English, the following information about 
the compartment. More detailed information regarding the specific types 
of information that will enable APHIS to most expeditiously conduct an 
evaluation of the request is available at: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_reg_request or by contacting the 
National Director,

[[Page 12959]]

Regionalization Evaluation Services, VS, APHIS, 4700 River Road, Unit 
38, Riverdale, MD 20737.
    (1) Scope of the evaluation being requested.
    (2) Veterinary control and oversight of the compartment.
    (3) Disease history and vaccination practices.
    (4) Livestock or poultry commodity movement and traceability.
    (5) Epidemiologic separation of the compartment from potential 
sources of infection.
    (6) Surveillance.
    (7) Diagnostic laboratory capabilities.
    (8) Emergency preparedness and response.
    (e) A list of those regions for which an APHIS recognition of their 
animal health status has been requested, the disease(s) under 
evaluation, and, if available, the animal(s) or product(s) the region 
wishes to export, is available at: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_reg_request.
    (f) A list of countries that have requested an APHIS 
compartmentalization evaluation, and a description of the requested 
compartment is available at: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_reg_request.
    (g) If, after review and evaluation of the information submitted in 
accordance with paragraph (b), (c), or (d) of this section, APHIS 
believes the request can be safely granted, APHIS will indicate its 
intent and make its evaluation available for public comment through a 
document published in the Federal Register.
    (h) APHIS will provide a period of time during which the public may 
comment on its evaluation. During the comment period, the public will 
have access to the information upon which APHIS based its evaluation, 
as well as the evaluation itself. Once APHIS has reviewed all comments 
received, it will make a final determination regarding the request and 
will publish that determination in the Federal Register.
    (i) If a region or compartment is granted animal health status 
under the provisions of this section, the representative of the 
national government(s) of any country or countries who has the 
authority to make a regionalization or compartmentalization request may 
be required to submit additional information pertaining to animal 
health status or allow APHIS to conduct additional information 
collection activities in order for that region or compartment to 
maintain its animal health status.

    (Approved by the Office of Management and Budget under control 
number 0579-0040)

0
5. Section 92.4 is revised to read as follows:


Sec.  92.4  Reestablishment of a region or compartment's disease-free 
status.

    This section applies to regions or compartments that are designated 
under this subchapter as free of a specific animal disease and then 
experience an outbreak of that disease.
    (a) Interim designation. If a region or a compartment recognized as 
free of a specified animal disease in this subchapter experiences an 
outbreak of that disease, APHIS will take immediate action to prohibit 
or restrict imports of animals and animal products from the entire 
region, a portion of that region, or the compartment. APHIS will inform 
the public as soon as possible of the prohibitions and restrictions by 
means of a notice in the Federal Register.
    (b) Reassessment of the disease situation. (1) Following removal of 
disease-free status from all or part of a region or a compartment, 
APHIS may reassess the disease situation in that region or compartment 
to determine whether it is necessary to continue the interim 
prohibitions or restrictions. In reassessing disease status, APHIS will 
take into consideration the standards of the World Organization for 
Animal Health (OIE) for reinstatement of disease-free status, as well 
as all relevant information obtained through public comments or 
collected by or submitted to APHIS through other means.
    (2) Prior to taking any action to relieve prohibitions or 
restrictions, APHIS will make information regarding its reassessment of 
the region's or compartment's disease status available to the public 
for comment. APHIS will announce the availability of this information 
by means of a notice in the Federal Register.
    (c) Determination. Based on the reassessment conducted in 
accordance with paragraph (b) of this section regarding the 
reassessment information, APHIS will take one of the following actions:
    (1) Publish a notice in the Federal Register of its decision to 
reinstate the disease-free status of the region, portion of the region, 
or compartment;
    (2) Publish a notice in the Federal Register of its decision to 
continue the prohibitions or restrictions on the imports of animals and 
animal products from that region or compartment; or
    (3) Publish another document in the Federal Register for comment.

    Done in Washington, DC, this 28th day of March 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-06473 Filed 4-2-19; 8:45 am]
 BILLING CODE 3410-34-P