[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56912-56914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23235]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. APHIS-2009-0067]
RIN 0579-AD18


Live Goats and Swine for Export; Removal of Certain Testing 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the livestock exportation 
regulations to eliminate the requirement for pre-export tuberculosis 
and brucellosis testing of goats and breeding swine intended for export 
to countries that do not require such tests. This action would 
facilitate the exportation of goats and breeding swine by eliminating 
the need to conduct pre-export tuberculosis and brucellosis testing 
when the receiving country does not require such testing.

DATES: We will consider all comments that we receive on or before 
November 16, 2010.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0067) to submit or view comments 
and to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2009-0067, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0067.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at (http://www.aphis.usda.gov).

FOR FURTHER INFORMATION CONTACT: Dr. Antonio Ramirez, Senior Staff

[[Page 56913]]

Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 91, ``Inspection and Handling of 
Livestock for Exportation'' (referred to below as the regulations), 
prescribe conditions for exporting animals from the United States. 
Section 91.6 requires that goats intended for exportation be tested for 
tuberculosis and, for some goats, brucellosis prior to export. Section 
91.9 requires that breeding swine intended for exportation be tested 
for brucellosis prior to export.
    The regulations provide certain exceptions to the testing 
requirements for goats. Specifically, the regulations in Sec.  
91.6(a)(4) exempt goats being exported for immediate slaughter from 
complying with export requirements set forth in the section, including 
the testing requirements for tuberculosis and brucellosis. There are no 
exceptions to the brucellosis testing requirement for breeding swine in 
Sec.  91.9.
    Some countries do not require that goats and breeding swine be 
tested for tuberculosis and brucellosis prior to export. Even in such 
cases, though, our regulations require that such testing be conducted. 
Thus, these requirements can create an unnecessary burden for producers 
when testing is not required to satisfy the import regulations of the 
country to which they are exporting goats and breeding swine. To 
relieve this unnecessary burden, we are proposing to amend the 
regulations to exempt goats and breeding swine from tuberculosis and 
brucellosis testing prior to export if such testing is not required by 
the receiving country.
    Specifically, we would amend paragraph (a)(4) of Sec.  91.6 by 
adding provisions that would exempt all goats over 1 month of age being 
exported from the United States from that section's tuberculosis 
testing requirements, if such testing is not required by the receiving 
country. We would also add provisions that would exempt dairy and 
breeding goats being exported from the United States from that 
section's brucellosis testing requirements.
    For swine, we would add a new paragraph to Sec.  91.9 to provide 
that breeding swine being exported from the United States do not have 
to be tested for brucellosis if such testing is not required by the 
receiving country.
    Currently, the provisions in Sec.  91.9 are contained in a single 
paragraph (a); that paragraph addresses both the condition that swine 
being exported from the United States have not been fed garbage at any 
time and the condition that breeding swine being exported from the 
United States test negative for brucellosis. In order to make the 
provisions of Sec.  91.9 clearer, and in order to accommodate the 
paragraph with the proposed testing exemption, we would split the 
current paragraph (a) into two paragraphs. The proposed new paragraph 
concerning testing requirements would be added as paragraph (c).

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    We have prepared an economic analysis for this action. The economic 
analysis is posted with this proposed rule on the Regulations.gov Web 
site (see ADDRESSES above for instructions for accessing 
Regulations.gov) and may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    The analysis identifies live goat and swine exporters as the small 
entities most likely to be affected by this action and considers the 
costs associated with the elimination of tuberculosis and brucellosis 
testing requirements for goats and swine being exported to countries 
that do require such tests. Based on the information presented in the 
analysis, we expect that the goat and swine wholesale trading industry 
would experience a reduction in compliance costs as a result of this 
action although the savings would be small in comparison to the value 
of the animals being exported. Under these circumstances, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this action would not have a significant economic 
impact on a substantial number of small entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

0
Accordingly, we propose to amend 9 CFR part 91 as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 
136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 
371.4.

0
2. In Sec.  91.6, paragraph (a)(4) is revised to read as follows:


Sec.  91.6  Goats.

    (a) * * *
    (4) Exemptions. (i) Goats exported for immediate slaughter need not 
comply with the requirements of paragraphs (a)(1), (a)(2), (a)(3), and 
(a)(5) of this section.
    (ii) Tuberculosis testing is not required for goats over 1 month of 
age exported to a country that does not require goats from the United 
States to be tested for tuberculosis as described in paragraph (a)(1) 
of this section.
    (iii) Brucellosis testing is not required for dairy and breeding 
goats exported to a country that does not require goats from the United 
Stated to be tested for brucellosis as described in paragraph (a)(1) of 
this section.
* * * * *

0
3. Section 91.9 is revised to read as follows:


Sec.  91.9  Swine.

    (a) No swine shall be exported if they were fed garbage at any 
time. The swine shall be accompanied by a certification from the owner 
stating that they were not fed garbage, and that any additions to the 
herd made within the 30 days immediately preceding the export shipment 
have been maintained isolated from the swine to be exported.

[[Page 56914]]

    (b) Except as provided in paragraph (c) of this section, all 
breeding swine shall be tested for and show negative test results to 
brucellosis by a test prescribed in ``Standard Agglutination Test 
Procedures for the Diagnosis of Brucellosis'' or ``Supplemental Test 
Procedures for the Diagnosis of Brucellosis.'' The test results shall 
be classified negative in accordance with the provisions prescribed in 
the Recommended Brucellosis Eradication Uniform Methods and Rules, 
chapter 2, part II, G, 1, 2, and 3.
    (c) Breeding swine exported to a country that does not require 
breeding swine from the United States to be tested for brucellosis need 
not comply with the requirements of paragraph (b) of this section.
    (Approved by the Office of Management and Budget under control 
number 0579-0020)
    Done in Washington, DC, this 13\th\ day of September 2010.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-23235 Filed 9-16-10: 8:45 am]
BILLING CODE 3410-34-S