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

29991 

Vol. 76, No. 100 

Tuesday, May 24, 2011 

1To view the proposed rule and the comments 

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

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2009-0067. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 91 

[Docket No. APHIS–2009–0067] 

RIN 0579–AD18 

Live Goats and Swine for Export; 

Removal of Certain Testing 

Requirements 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

livestock exportation regulations to 

eliminate the requirement for pre-export 

tuberculosis and brucellosis testing of 

goats and breeding swine intended for 

export to countries that do not require 

such tests. This action will facilitate the 

exportation of goats and breeding swine 

by eliminating the need to conduct preexport tuberculosis and brucellosis 

testing when the receiving country does 

not require such testing. 

DATES: Effective Date: May 24, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Antonio Ramirez, 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. Section 91.6 requires that goats 

intended for exportation be tested for 

tuberculosis and, for some goats, 

brucellosis prior to export. Section 91.9 

requires that breeding swine intended 

for exportation be tested for brucellosis 

prior to export. 

Some countries do not require that 

goats and breeding swine be tested for 

tuberculosis and brucellosis prior to 

export. Even in such cases, though, our 

regulations require that such testing be 

conducted. Thus, these requirements 

can create an unnecessary burden for 

producers when testing is not required 

to satisfy the import regulations of the 

country to which they are exporting 

goats and breeding swine. 

On September 17, 2010, we published 

in the Federal Register (75 FR 56912– 

56914, Docket No. APHIS–2009–0067) a 

proposed rule 1 to amend the livestock 

exportation regulations to eliminate the 

requirement for pre-export tuberculosis 

and brucellosis testing of goats and 

breeding swine intended for export to 

countries that do not require such tests. 

In our proposal, we discussed how this 

action will relieve unnecessary burdens 

for producers when testing is not 

required to satisfy the importation 

regulations of the country to which they 

are exporting goats and breeding swine. 

In this final rule, we are making a 

technical amendment to the citation to 

paragraph (a)(1) in § 91.6(a)(4)(iii). 

Paragraph (a)(4)(iii) should now read 

that brucellosis testing is not required 

for dairy and breeding goats exported to 

a country that does not require goats 

from the United Stated to be tested for 

brucellosis as described in paragraph 

(a)(2) of this section. 

We solicited comments concerning 

the proposed rule for 60 days ending 

November 16, 2010. We received four 

comments by that date. They were from 

three private citizen and an exporter. 

Two commenters supported the 

proposed rule, and one commenter 

stated her opposition to the exportation 

of animals without raising any issues 

related to the proposed rule. 

The remaining commenter opposed 

our decision to eliminate the testing 

requirement in instances when the 

receiving country does not require such 

testing because of the risk of spreading 

tuberculosis and brucellosis. The 

commenter suggested that the testing 

requirement be waived only for goats or 

breeding swine that come from a 

brucellosis-free State. The commenter 

also suggested that all goats and 

breeding swine that have not been 

tested for brucellosis before exportation 

be accompanied by a document warning 

the destination country that they have 

not been tested for brucellosis. 

We note that all States are recognized 

as class free for Brucella abortus, the 

strain of brucellosis that would affect 

goats and as validated brucellosis free 

for B. suis, the strain of brucellosis that 

would affect swine. 

We also note that our regulations 

require all exported goats and breeding 

swine to be accompanied by an origin 

health certificate that certifies that the 

animals were inspected 30 days prior to 

exportation. The health certificate must 

also include all test results, 

certifications, or other statements 

required by the destination country. If a 

country does not require goats and 

breeding swine be tested for 

tuberculosis or brucellosis prior to 

exportation, a document stating that no 

pre-export test has occurred would not 

be necessary. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule with changes discussed in this 

document. 

Effective Date 

This is a substantive rule that relieves 

restrictions and, pursuant to the 

provisions of 5 U.S.C. 553, may be made 

effective less than 30 days after 

publication in the Federal Register. 

This rule eliminates the requirement for 

pre-export tuberculosis and brucellosis 

testing of goats and breeding swine 

intended for export to countries that do 

not require such tests, thus reducing the 

burden for producers when exporting 

goats and breeding swine. Therefore, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this rule should be 

effective upon publication in the 

Federal Register. 

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. 

We have prepared an economic 

analysis for this action. The economic 

analysis is posted with this final rule on 

the Regulations.gov Web site (see 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
29992 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

The analysis identifies live goat and 

swine exporters as the small entities 

most likely to be affected by this action, 

and considers the costs associated with 

the elimination of tuberculosis and 

brucellosis testing requirements for 

goats and swine being exported to 

countries that do require such tests. 

Based on the information presented in 

the analysis, we expect that the goat and 

swine wholesale trading industry will 

experience a reduction in compliance 

costs as a result of this action although 

the savings will be small in comparison 

to the value of the animals being 

exported. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action 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) Has no 

retroactive effect and (2) administrative 

proceedings will not be required 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. In § 91.6, paragraph (a)(4) is revised 

to read as follows: 

§ 91.6 Goats. 

(a) * * * 

(4) Exemptions. (i) Goats exported for 

immediate slaughter need not comply 

with the requirements of paragraphs 

(a)(1), (a)(2), (a)(3), and (a)(5) of this 

section. 

(ii) Tuberculosis testing is not 

required for goats over 1 month of age 

exported to a country that does not 

require goats from the United States to 

be tested for tuberculosis as described in 

paragraph (a)(1) of this section. 

(iii) Brucellosis testing is not required 

for dairy and breeding goats exported to 

a country that does not require goats 

from the United Stated to be tested for 

brucellosis as described in paragraph 

(a)(2) of this section. 

* * * * * 

■ 3. Section 91.9 is revised to read as 

follows: 

§ 91.9 Swine. 

(a) No swine shall be exported if they 

were fed garbage at any time. The swine 

shall be accompanied by a certification 

from the owner stating that they were 

not fed garbage, and that any additions 

to the herd made within the 30 days 

immediately preceding the export 

shipment have been maintained isolated 

from the swine to be exported. 

(b) Except as provided in paragraph 

(c) of this section, all breeding swine 

shall be tested for and show negative 

test results to brucellosis by a test 

prescribed in ‘‘Standard Agglutination 

Test Procedures for the Diagnosis of 

Brucellosis’’ or ‘‘Supplemental Test 

Procedures for the Diagnosis of 

Brucellosis.’’ The test results shall be 

classified negative in accordance with 

the provisions prescribed in the 

Recommended Brucellosis Eradication 

Uniform Methods and Rules, chapter 2, 

part II, G, 1, 2, and 3. 

(c) Breeding swine exported to a 

country that does not require breeding 

swine from the United States to be 

tested for brucellosis need not comply 

with the requirements of paragraph (b) 

of this section. 

(Approved by the Office of Management and 

Budget under control number 0579–0020) 

Done in Washington, DC, this 18th day of 

May 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–12758 Filed 5–23–11; 8:45 am] 

BILLING CODE 3410–34–P 

FARM CREDIT ADMINISTRATION 

12 CFR Part 614 

RIN 3052–AC60 

Loan Policies and Operations; Lending 

and Leasing Limits and Risk 

Management 

AGENCY: Farm Credit Administration. 

ACTION: Final rule. 

SUMMARY: The Farm Credit 

Administration (FCA, Agency, we, our) 

issues this final rule amending our 

regulations relating to lending and 

leasing limits (lending limits) and loan 

and lease concentration risk mitigation 

(risk mitigation) with a delayed effective 

date. The final rule lowers the limit on 

extensions of credit to a single borrower 

or lessee (collectively borrower) for each 

Farm Credit System (System) institution 

operating under title I or II of the Farm 

Credit Act of 1971, as amended (Act). 

This final rule also adds new 

regulations requiring all titles I, II, and 

III System institutions to adopt written 

policies to effectively identify, limit, 

measure and monitor their exposures to 

loan and lease (collectively loan) 

concentration risks. We expect this final 

rule will increase the safe and sound 

operation of System institutions by 

strengthening their risk mitigation 

practices and abilities to withstand 

volatile and negative changes in 

increasingly complex and integrated 

agricultural markets. 

DATES: Effective Date: This regulation 

will be effective on July 1, 2012, 

provided either or both Houses of 

Congress are in session for at least 30 

calendar days after publication of this 

regulation in the Federal Register. We 

will publish a notice of the effective 

date in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Paul K. Gibbs, Senior Accountant, 

Office of Regulatory Policy, Farm 

Credit Administration, 1501 Farm 

Credit Drive, McLean, VA 22102– 

5090, (703) 883–4498, TTY (703) 883– 

4434; or 

Wendy R. Laguarda, Assistant General 

Counsel, Office of General Counsel, 

Farm Credit Administration, 1501 

Farm Credit Drive, McLean, VA 

22102–5090, (703) 883–4020, TTY 

(703) 883–4020. 

SUPPLEMENTARY INFORMATION: 

I. Objectives 

The objectives of this final rule are to: 

• Strengthen the safety and 

soundness of System institutions; 

• Ensure the establishment of 

consistent, uniform and prudent loan 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1