Elimination of the Voluntary Trichinae Certification Program, 52954-52955 [2021-20634]

Download as PDF 52954 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 149 [Docket No. APHIS–2020–0065] RIN 0579–AE59 Elimination of the Voluntary Trichinae Certification Program Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. AGENCY: We are amending the regulations to eliminate the Animal and Plant Health Inspection Service (APHIS) Voluntary Trichinae Certification Program and remove the regulations associated with the program. This action also notifies the public that APHIS will no longer maintain any activity associated with the program, such as training for qualified accredited veterinarians, on-farm audits, or any other administrative process associated with program maintenance and support. We are eliminating the program because it generates little producer participation. This action allows APHIS to direct APHIS resources to areas of greater need. DATES: Effective October 25, 2021. FOR FURTHER INFORMATION CONTACT: Dr. Marı´a Celia Antognoli, Swine Health Senior Staff Officer, Aquaculture, Swine, Equine and Poultry Health Center, Strategy and Policy, VS, APHIS, 2150 Centre Ave., Bldg. B, Fort Collins, CO 80526–8117; (970) 494–7304; celia.antognoli@usda.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background Trichinella are parasitic nematodes (roundworms) that are found in many warm-blooded carnivores and omnivores, including swine. There are eight known species of Trichinella nematodes: Trichinella britovi, Trichinella murrelli, Trichinella nativa, Trichinella nelsoni, Trichinella papuae, Trichinella pseudospiralis, Trichinella spiralis, and Trichinella zimbabwensis. Trichinae is a generic term that refers to all species of Trichinella. In 2008, the Animal and Plant Health Inspection Service (APHIS) established the Voluntary Trichinae Certification Program, the regulations for which were contained in 9 CFR part 149. Those regulations provided for the certification of pork production sites that follow certain prescribed management practices that reduce, eliminate, or avoid the risk of exposure of swine to VerDate Sep<11>2014 16:01 Sep 23, 2021 Jkt 253001 Trichinella spp. Under the regulations, a producer’s initial enrollment and continued participation in the Trichinae Certification Program required that the producer adhere to all of the good production practices set out in the regulations, as confirmed by periodic site audits, and comply with other recordkeeping and program requirements provided in part 149. Producer participation in this voluntary program has decreased since the program began. Only two producers re-enrolled in the past 3 years. The lack of producer interest and involvement has become problematic for a number of reasons. Maintaining the program places demands on limited APHIS funding and human resources that could be better directed elsewhere. In addition, the existence of a program that producers have little interest in has had trade implications. Trading partners have questioned our ability to certify freedom of trichinae in exported products, given that the vast majority of the products are not produced under the auspices of the Trichinae Certification Program. In a proposed rule 1 published in the Federal Register on March 3, 2021, (86 FR 12293–12294; Docket No. APHIS– 2020–0065), we proposed to eliminate the Voluntary Trichinae Certification Program by removing part 149 from the regulations. We also notified the public that we would no longer maintain any activity associated with the program, such as training for qualified accredited veterinarians, on-farm audits, or any other administrative process associated with program maintenance and support. The proposed elimination of the program was intended to benefit the swine industry by reducing possible confusion about the trichinae-free status of exported products, while allowing APHIS to avoid incurring the costs associated with program administration and payments to auditors and to address its resources to areas of greater need. We solicited comments concerning our proposal for 60 days ending May 3, 2021. We received 5 comments by that date. They were from individual commenters without institutional affiliations. All the commenters supported the proposed rule. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of 1 To view the proposed rule, supporting document, and the comments we received, go to www.regulations.gov. Enter APHIS–2020–0065 in the Search field. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available on the Regulations.gov website (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. In this final rule, APHIS is eliminating the Voluntary Trichinae Certification Program and removing its associated regulations from title 9 of the Code of Federal Regulations. Producer participation has decreased significantly since the voluntary program began. Only 2 producers with 23 audit sites re-enrolled in the past 3 years. Continuation of the program given the lack of producer participation is difficult to justify, especially as it may have trade implications. APHIS plays a crucial role in supporting the U.S. pork industry and its exports, which have increased substantially in recent years. Since 2007, U.S. pork exports have more than doubled in value (110 percent increase) and in quantity (109 percent increase). Trading partners, however, have questioned our ability to certify freedom of trichinae in exported products, given that the vast majority of the products are not produced under the auspices of the Voluntary Trichinae Certification Program. The Small Business Administration (SBA) small business size standard for hog and pig farming is annual revenue of not more than $1 million. According to the 2017 Agricultural Census, 64,871 hog and pig farms sold over 235 million hogs and pigs, with total sales of $26.3 billion in 2017. Average annual sales per farm was 3,267 head valued at $404,907, well below the SBA smallentity standard. Because the Voluntary Trichinae Certification Program did not progress beyond the pilot stage, the participating producers have not borne program costs. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with E:\FR\FM\24SER1.SGM 24SER1 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations State and local officials. (See 2 CFR chapter IV.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are in conflict with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and will reduce those currently approved by the Office of Management and Budget under control number 0579– 0065. List of Subjects in 9 CFR Part 149 Animal diseases, Laboratories, Meat and meat products, Meat inspection, Reporting and recordkeeping requirements, Swine. PART 149—[REMOVED] Accordingly, for the reasons stated in the preamble, and under the authority of 7 U.S.C. 8301 et seq., the Animal and Plant Health Inspection Service is amending 9 CFR chapter I by removing part 149. ■ Done in Washington, DC, this 10th day of September 2021. Jack Shere, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2021–20634 Filed 9–23–21; 8:45 am] BILLING CODE 3410–34–P SMALL BUSINESS ADMINISTRATION 13 CFR Parts 107, 120, 142, and 146 RIN 3245–AH57 Civil Monetary Penalties Inflation Adjustments U.S. Small Business Administration. ACTION: Final rule. AGENCY: The Small Business Administration (SBA) is amending its regulations to adjust for inflation the SUMMARY: VerDate Sep<11>2014 16:01 Sep 23, 2021 Jkt 253001 amount of certain civil monetary penalties that are within the jurisdiction of the agency. These adjustments comply with the requirement in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to make annual adjustments to the penalties. DATES: This rule is effective September 24, 2021. FOR FURTHER INFORMATION CONTACT: Arlene Embrey, 202–567–1164 or at arlene.embrey@sba.gov. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Adjustment Act), Public Law 114–74, 129 Stat. 584, was enacted. This act amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101–410, 104 Stat. 890 (the 1990 Inflation Adjustment Act), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Inflation Adjustment Act required agencies to issue a final rule by August 1, 2016, to adjust the level of civil monetary penalties with an initial ‘‘catch-up’’ adjustment and to annually adjust these monetary penalties for inflation by January 15 of each subsequent year. Based on the definition of a ‘‘civil monetary penalty’’ in the 1990 Inflation Adjustment Act, agencies are to make adjustments only to the civil penalties that (i) are for a specific monetary amount as provided by Federal law or have a maximum amount provided for by Federal law; (ii) are assessed or enforced by an agency; and (iii) are enforced or assessed in an administrative proceeding or a civil action in the Federal courts. Therefore, penalties that are stated as a percentage of an indeterminate amount or as a function of a violation (penalties that encompass actual damages incurred) are not to be adjusted. SBA published in the Federal Register an interim final rule with its initial adjustments to the civil monetary penalties, including an initial ‘‘catchup’’ adjustment, on May 19, 2016, (81 FR 31489) with an effective date of August 1, 2016. SBA published its first annual adjustments to the monetary penalties on February 9, 2017 (82 FR 9967), with an immediate effective date. SBA published its subsequent annual adjustments for 2018 on February 21, 2018 (83 FR 7361), for 2019 on April 1, 2019 (84 FR 12059), and for 2020 on PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 52955 March 10, 2020 (85 FR 13725), all with immediate effective dates. This rule will establish the adjusted penalty amounts for 2021 with an immediate effective date upon publication. On December 23, 2020, the Office of Management and Budget (OMB) published its annual guidance memorandum for 2021 civil monetary penalties inflation adjustments (M–21– 10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). The memorandum provides the formula for calculating the annual adjustments based on the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October preceding the adjustment, and specifically on the change between the October CPI–U preceding the date of adjustment and the prior year’s CPI–U. Based on this methodology, the 2021 civil monetary penalty inflation adjustment factor is 1.01182 (October 2020 CPI–U (260.388)/October 2019 CPI–U (257.346). The annual adjustment amounts identified in this rule were obtained by applying this multiplier of 1.01182 to those penalty amounts that were published in SBA’s 2020 adjustments to civil monetary penalties at 85 FR 13725 (March 10, 2020) and to the civil monetary penalty found at 13 CFR 120.1500(b)(2), first published March 16, 2020, at 85 FR 14783. II. Civil Money Penalties Adjusted by This Rule This rule adjusts civil monetary penalties authorized by the Small Business Act, the Small Business Investment Act of 1958 (SBIAct), the Program Fraud Civil Remedies Act, and the Byrd Amendment to the Federal Regulation of Lobbying Act. These penalties and the implementing regulations are discussed below. 1. 13 CFR 107.665—Civil Penalties. SBA licenses, regulates, and provides financial assistance to financial entities called small business investment companies (SBICs). Pursuant to section 315 of the SBIAct, 15 U.S.C. 687g, SBA may impose a penalty on any SBIC for each day that it fails to comply with SBA’s regulations or directives governing the filing of regular or special reports. The penalty for non-compliance is incorporated in § 107.665 of the SBIC program regulations. This rule amends § 107.665 to adjust the current civil penalty from $271 to $274 per day of failure to file. The current civil penalty of $271 was multiplied by the multiplier of 1.01182 to reach a product of $274, rounded to the nearest dollar. E:\FR\FM\24SER1.SGM 24SER1

Agencies

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



[[Page 52954]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 149

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


Elimination of the Voluntary Trichinae Certification Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: Effective October 25, 2021.

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

SUPPLEMENTARY INFORMATION:

Background

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

    \1\ To view the proposed rule, supporting document, and the 
comments we received, go to www.regulations.gov. Enter APHIS-2020-
0065 in the Search field.
_____________________________________-

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

Executive Order 12866 and Regulatory Flexibility Act

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

Executive Order 12372

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

[[Page 52955]]

State and local officials. (See 2 CFR chapter IV.)

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are in conflict with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Congressional Review Act

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

Paperwork Reduction Act

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

List of Subjects in 9 CFR Part 149

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

PART 149--[REMOVED]

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

    Done in Washington, DC, this 10th day of September 2021.
Jack Shere,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-20634 Filed 9-23-21; 8:45 am]
BILLING CODE 3410-34-P
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