This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18347 

Vol. 76, No. 64 

Monday, April 4, 2011 

1To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/

fdmspublic/component/main?main=DocketDetail&

d=APHIS-2009-0078. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 91 

[Docket No. APHIS–2009–0078] 

RIN 0579–AD25 

Removal of the List of Ports of 

Embarkation and Export Inspection 

Facilities From the Regulations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending 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 

will 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 have been able 

to heretofore and allowing us greater 

flexibility in regulating animal exports. 

DATES: Effective Date: May 4, 2011. 

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) 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. 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. 

On September 17, 2010, we published 

in the Federal Register (75 FR 56914– 

56916, Docket No. APHIS–2009–0078) a 

proposal1 to amend the live animal 

export regulations by removing the list 

of designated ports of embarkation and 

their associated export inspection 

facilities contained in § 91.14(a). We 

proposed to replace the list with text 

referring the reader to an Animal and 

Plant Health Inspection Service (APHIS) 

Veterinary Services area office for 

obtaining the list or the APHIS Web site 

for viewing it. Our proposal was 

intended to enable us to amend the list, 

when necessary, in a timelier manner 

than we previously had been able to and 

allow us greater flexibility in regulating 

animal exports. Because the designated 

ports of embarkation and associated 

export inspection facilities had been 

listed in the regulations, the list could 

only be amended to add or remove ports 

or export inspection facilities or to 

update contact information by means of 

rulemaking. 

We also proposed to make some 

changes to the regulations in § 91.14(d) 

pertaining to approval and denial, 

revocation, or suspension of approval of 

export inspection facilities in order to 

clarify the regulations and ensure that 

standards are being maintained at ports 

and facilities covered under these 

regulations. Specifically, we proposed 

to add a requirement to § 91.14(d) that 

designated ports of embarkation and 

export facilities be reevaluated annually 

for compliance with the regulations by 

means of an APHIS inspection. We also 

proposed to simplify § 91.14(d) by 

eliminating references therein to 

suspension of approval, since the 

paragraph did not draw a clear 

distinction between suspension and 

revocation, and for enforcement 

purposes, the two were essentially the 

same. Finally, we proposed to add to 

§ 91.14(d) procedures for reinstatement 

following revocation of approval, since 

the existing regulations did not address 

the subject directly. 

We solicited comments concerning 

our proposal for 60 days ending 

November 16, 2010. We received one 

comment by that date, from a livestock 

exporter. The commenter supported the 

proposed rule. 

Though we are not making any 

changes to this final rule in response to 

the comment, we are making one 

editorial revision. In the September 

2010 proposed rule, § 91.14(a) indicated 

that the determination that an export 

inspection facility met our requirements 

would be made by an APHIS 

veterinarian. To make paragraph (a) 

consistent with the rest of § 91.14, we 

are amending that paragraph to indicate 

that such determinations will be made 

by the Administrator. 

Therefore, for the reasons given in the 

proposed rule, we are adopting the 

proposed rule as a final rule, with the 

change discussed in this document. 

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 Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This final rule amends 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 will henceforth 

be listed on the Internet rather than in 

the regulations, allowing us to amend 

the list, when necessary, in a timelier 

manner than we were able to 

previously. 

Those entities most likely to be 

economically affected by the rule are 

exporters of live animals and domestic 

livestock producers. These entities 

either sell goods on their own account 

(import/export merchants) or arrange for 

the sale of goods owned by others 

(import/export agents and brokers). 

Affected entities may include beef cattle 

ranching and farming operations, dairy 

cattle and milk production operations, 

hog and pig farming operations, sheep 


sroberts on DSK69SOYB1PROD with RULES
18348 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

and goat farming operations, and cattle 

feedlots. 

The Small Business Administration 

has established guidelines for 

determining which businesses are to be 

considered small. Based on the most 

recent data we have regarding annual 

receipts, it is likely that most of the 

entities that will be affected by this rule 

are small. 

However, this rulemaking only 

amends APHIS’ administrative process 

for changing the list of designated 

embarkation ports and associated export 

inspection facilities. This action does 

not make any changes in the status of 

any designated embarkation port or 

associated export inspection facility, nor 

does it alter the technical criteria by 

which designated embarkation ports 

and associated export inspection 

facilities are added to or removed from 

this list. We expect that this final rule 

will have little effect on U.S. entities 

other than benefits they may derive 

from timelier changes to the list of 

designated ports of embarkation and 

associated export inspection facilities. 

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 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

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 inconsistent 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. 

Paperwork Reduction Act 

This final 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 are amending 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. Section 91.14 is amended by 

revising paragraphs (a), (b), and (d) to 

read as follows: 

§ 91.14 Ports of embarkation and export 

inspection facilities. 

(a) All ports that have export 

inspection facilities which the 

Administrator has determined satisfy 

the requirements of paragraph (c) of this 

section are hereby designated as ports of 

embarkation. A list of designated ports 

of embarkation can be viewed on the 

Internet at http://www.aphis.usda.gov/

regulations/vs/iregs/animals/ or 

obtained from a Veterinary Services area 

office. Information on area offices is 

available at http://www.aphis.usda.gov/ 

animal_health/area_offices/. All 

animals, except animals being exported 

by land to Mexico or Canada, shall be 

exported through said ports or through 

ports designated in special cases under 

paragraph (b) of this section. 

(b) In special cases, other ports may 

be designated as ports of embarkation by 

the Administrator, with the concurrence 

of the Commissioner of the Bureau of 

Customs and Border Protection, when 

the exporter can show to the satisfaction 

of the Administrator that the animals to 

be exported would suffer undue 

hardship if they are required to be 

moved to a port listed as a designated 

port of embarkation in accordance with 

paragraph (a) of this section. Ports shall 

be designated in special cases as ports 

of embarkation only if the inspection 

facilities are approved as meeting the 

requirements of paragraph (c) of this 

section. 

* * * * * 

(d) Approval and denial or revocation 

of approval. Approval of each export 

inspection facility for designation under 

paragraph (a) of this section, and in 

special cases under paragraph (b) of this 

section, shall be obtained from the 

Administrator. Approval of an export 

inspection facility under paragraph (a) 

or (b) of this section will be denied or 

revoked for failure to meet the standards 

in paragraph (c) of this section. 

Designated ports of embarkation and 

export facilities shall be reevaluated 

annually, by means of an APHIS site 

inspection, for continued compliance 

with the standards contained in 

paragraph (c) of this section. If the port 

or facility fails to pass the annual 

inspection, its designation will be 

revoked, and it will be removed from 

the list of designated ports and facilities. 

A written notice of any proposed denial 

or revocation shall be given to the 

operator of the facility, and he or she 

will be given an opportunity to present 

his or her views thereon. Such notice 

shall list in detail the deficiencies 

concerned. After remedying the 

deficiencies, an operator may request 

another inspection. Approval of a port 

of embarkation in connection with the 

designation of an export inspection 

facility in special cases shall be limited 

to the special case for which the 

designation was made. 

* * * * * 

■ 3. In § 91.15, paragraph (a) is revised 

to read as follows: 

§ 91.15 Inspection of animals for export. 

(a) All animals offered for exportation 

to any foreign country, except by land 

to Mexico or Canada, shall be inspected 

within 24 hours of embarkation by an 

APHIS veterinarian at an export 

inspection facility at a port listed as a 

designated port of embarkation in 

accordance with § 91.14(a), or at a port 

or inspection facility designated by the 

Administrator in a special case under 

§ 91.14(b). 

* * * * * 

Done in Washington, DC, this 29th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–7897 Filed 4–1–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

9 CFR Part 201 

RIN 0580–AB10 

Required Scale Tests 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration. 

ACTION: Correcting amendments. 

SUMMARY: The Grain Inspection, Packers 

and Stockyards Administration 

published a document in the Federal 

Register on January 20, 2011 (76 FR 

3485), defining required scale tests. That 

document incorrectly defined limited 

seasonal basis in § 201.72(a) (9 CFR 

201.72(a)). This document corrects the 

final regulation by revising this section. 


sroberts on DSK69SOYB1PROD with RULES