[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Rules and Regulations]
[Pages 11557-11561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6266]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 91 and 161
[Docket No. 99-053-2]
Origin Health Certificates for Livestock Exported From the United
States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations pertaining to animal exports
and the standards for accredited veterinarians to allow origin health
certificates for animals intended for export from the United States to
be valid for more than 30 days in some cases, depending on the testing
requirements of the country of destination. This change will align our
requirements for export origin health certificates with the testing
requirements of importing countries. This action will eliminate the
need for exporters to obtain another certificate when animals arrive at
the port of embarkation after more than 30 days have elapsed, thereby
reducing costs and delays for U.S. livestock exporters who ship animals
to certain countries. This change will not increase the risk of
infected or exposed animals being exported, since all animals are
inspected an additional time before leaving the United States.
EFFECTIVE DATE: April 1, 2002.
FOR FURTHER INFORMATION CONTACT: Dr. Bob Bokma, Coordinator, Americas
Region, National Center for Import and
[[Page 11558]]
Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231;
(301) 734-8066.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 91, referred to below as the
regulations, prescribe conditions for exporting animals from the United
States. Among other things, Sec. 91.3(a) provides that all animals
intended for exportation be accompanied from the State of origin to the
port of embarkation or border by an origin health certificate issued by
an Animal and Plant Health Inspection Service (APHIS) representative or
an accredited veterinarian. Origin health certificates attest that the
animals in a shipment were inspected prior to export and were found
free from any evidence of or exposure to communicable disease. The
certificates also include identifying information pertaining to the
individual animals in the shipment, as well as all test results,
certifications, or other statements required by the country of
destination.
The regulations in Sec. 91.3(c) further require that all samples
for tests be taken by an APHIS inspector or accredited veterinarian in
the State of origin of the export movement and that, with certain
exceptions, such sampling and testing be conducted within 30 days prior
to the date of the export movement. Exceptions include cases in which
the country of destination requires testing more than 30 days prior to
the date of export. The regulations in 9 CFR part 161 contain
requirements and standards for accredited veterinarians. Accredited
veterinarians are authorized by APHIS to perform various types of work
such as testing and inspecting animals for and issuing origin health
certificates--on behalf of the Federal Government. Section 161.3,
paragraph (b), states the length of time that certificates and other
documents issued by an accredited veterinarian shall be valid. Prior to
this final rule, the timeframe was 30 days from the date of inspection
of the animal identified on the document, without exception. This meant
that animals intended for export had to be inspected for purposes of
the origin health certificate within 30 days prior to the date of
export, even when sampling and testing could be conducted earlier.
On April 17, 2000, we published in the Federal Register (65 FR
20384-20387, Docket No. 99-053-1) a proposal to amend Sec. 91.3(a) to
allow animals intended for exportation to be inspected for origin
health certificates more than 30 days prior to the date of export, in
accordance with the testing requirements of the country of destination.
In conjunction with this proposed action, we also proposed to amend the
language in Sec. 91.3(c) to provide that sampling and testing may be
conducted more than 30 days prior to the date of export in instances
where a receiving country allows rather than just requires, as the
regulations previously stated this to occur. In addition, we proposed
replacing the phrase ``the date of the movement of the animals for
export'' with ``the date of export'' in both 91.3(a) and (c). We
proposed this change to clarify that animals must be tested and
inspected for origin health certificates 30 days or more, if the
receiving country requires or allows it prior to the date they are
actually exported, rather than 30 days from the date the animals
started in transit to the port of embarkation or border. We further
proposed to amend Sec. 161.3(b) to allow origin health certificates
issued by accredited veterinarians to be valid for more than 30 days in
cases where the Administrator allows the animals identified on the
document to be inspected more than 30 days prior to the date of export.
We solicited comments concerning our proposal for 60 days ending
June 16, 2000. We received five comments by that date--four from
livestock exporters, and one from a representative of a livestock
export industry association. All supported the proposed rule, stating
that, among other things, the proposed changes would improve their
efficiency, eliminate costly delays, and help expedite livestock
shipments.
However, two of the commenters indicated that, while our action was
a step in the right direction, we did not go far enough. These
commenters asserted that APHIS should change the validity timeframe of
all U.S. origin health certificates and test results from 30 days to 45
days, unless otherwise required by the importing country. These
commenters stated that 30 days is an insufficient amount of time to
address the numerous problems that may arise during the export process;
for example, if reactor animals need to be retested, or if mistakes or
delays occur at the diagnostic laboratory. One of these commenters also
asserted that extending the validity of origin health certificates for
another 15 days would, in serious outbreak situations, give exporters
time to avoid flight cancellation fees imposed by the airlines, and
give importers time to reschedule quarantine space without incurring
penalties. Moreover, this commenter stated that such a change would
give APHIS' National Veterinary Services Laboratories (NVSL) more time
to perform the necessary export tests.
One of the commenters also objected to our proposal to change the
phrase ``date of movement for export'' in the regulations to ``date of
export.'' This commenter stated that the ``previous interpretation''
that tests and origin health certificates remained valid if the animals
had started in transit to the port of embarkation or border prior to 30
days from the date of the first test or the date of issuance of the
certificate had assisted in facilitating livestock shipments on many
occasions. The commenter also asserted that this change would likely
contribute to the time problems faced by exporters.
We are making no changes to the final rule based on these comments.
We agree that 30 days can be a short amount of time in which to
complete the numerous steps involved in the export certification
process. More to the point, however, the countries of destination-- not
APHIS-- determine and enforce their own import health requirements,
including the timeframes within which test results and export origin
health certificates are considered valid.
As stated previously, while we recognize that problems and delays
can occur with regard to obtaining the necessary tests, inspection, and
other documentation required to certify animals for export, our
experience shows that 30 days is not an unreasonable amount of time in
most cases to complete the steps involved. For example, it typically
takes only about 7 to 10 days to obtain test results for brucellosis,
as well as for many of the other diseases of concern to importing
countries. Nevertheless, APHIS' NVSL has undertaken a number of
initiatives to improve its ability to provide efficient and expeditious
service to exporters and other customers. For example, NVSL officials
have developed guidelines that address the specific test requirements
for exporting swine to China. NVSL officials have also developed a
booklet that contains information about all currently available tests
and reagents, including the length of time required to conduct each
test. This document is available on the NVSL website at http://www.aphis.usda.gov/vs/nvsl. To avoid delays in processing the
diagnostic tests necessary for export health certification, exporters
are also encouraged to contact NVSL and/or the APHIS area veterinarian
in charge in the State of origin to make arrangements for testing well
in advance of planned shipping dates. Advance notification is
particularly important for tests that are not run on a routine basis,
such as those
[[Page 11559]]
for diseases like Salmonella abortus-equi.
It is ultimately the exporters' responsibility to ensure that he or
she complies with all requirements for testing and obtaining the
appropriate health certification for animals intended for export.
Accordingly, while we recognize that flight and quarantine space
cancellations caused by delays in completing the steps involved in the
export process can be costly to both exporters and importers, such
issues are beyond the scope of APHIS' jurisdiction and this rulemaking
action. Finally, it was always our intent that the actual date of
export--not the date when animals start in transit to the port of
embarkation or border--determine the timeframe within which origin
health certificates and test results are deemed valid.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
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. By extending the
validity for origin health certificates issued for animals being
exported to certain countries, this rule will make the export process
less time consuming and expensive for livestock exporters and
marketers. We have determined that approximately 2 weeks are needed to
ensure that APHIS field personnel receive official notice of this
change in the regulations. Therefore, the Administrator of APHIS has
determined that this rule should be made effective 15 days after
publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The 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 rule amends the regulations in 9 CFR part 91 to allow animals
to be inspected for an origin health certificate as early as the
country of destination allows or requires sampling or testing to be
performed. We are also amending 9 CFR part 161 to allow an origin
health certificate to be valid for more than 30 days when animals are
allowed to be inspected more than 30 days prior to the date of movement
for export in accordance with Sec. 91.3.
Costs
Formerly, exporters who had their animals inspected and obtained an
origin health certificate more than 30 days prior to the date of export
had to obtain a new origin health certificate when the animals arrived
at the port of embarkation or the border. On average, it costs $150 per
shipment to have a veterinarian inspect animals for export and issue an
origin health certificate. When this final rule becomes effective, the
original origin health certificate will still be valid when the animals
arrive at the port of embarkation or the border, and the exporter will
not incur the costs of obtaining an additional origin health
certificate.
Live Animal Exports
United Nations trade data show that U.S. exports of live animals
are worth more than $\1/2\ billion dollars a year (see tables 1 and 2).
On average, U.S. exports of live animals from 1993 through 1999 were
distributed as follows: More than 40 percent went to Mexico and Canada,
approximately 13.5 percent went to Japan, 2 percent went to Brazil, 1.1
percent went to the Republic of Korea (South Korea), and less than 1
percent went to Turkey, Egypt, or Taiwan. Of these countries, Brazil,
Egypt, Japan, South Korea, Taiwan, and Turkey provide for sampling and
testing of live animals more than 30 days prior to exportation from the
country of origin.
Table 1.--U.S. Exports of Live Animals
[In $1,000]
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South Rest of
Year Mexico Canada Brazil Egypt Japan Korea Taiwan Turkey the world Total
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1993............................ $108,679 $127,058 $12,339 $1,337 $39,667 $4,777 $3,116 $2,339 $219,615 $518,927
1994............................ 149,747 146,578 12,415 2,800 47,516 6,740 3,496 1,136 216,924 587,352
1995............................ 31,409 124,974 14,179 2,196 110,646 8,856 2,791 7,689 216,502 519,242
1996............................ 81,119 105,130 10,598 6,362 103,228 7,412 3,236 9,307 206,141 532,533
1997............................ 210,013 111,446 13,691 2,261 109,123 8,060 2,495 2,042 235,965 695,096
1998............................ 138,117 135,328 9,969 5,614 72,758 3,709 1,923 9,623 302,825 679,866
1999............................ 103,681 180,262 9,863 4,115 74,766 6,866 2,882 4,276 271,306 658,017
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Table 2.--U.S. Exports of Live Animals
[As a percentage of total U.S. exports]
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South
Year Mexico Canada Brazil Egypt Japan Korea Taiwan Turkey
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1993.................................................... 20.9 24.5 2.4 0.3 7.6 0.9 0.6 0.5
1994.................................................... 25.5 25.0 2.1 0.5 8.1 1.1 0.6 0.2
1995.................................................... 6.0 24.1 2.7 0.4 21.3 1.7 0.5 1.5
1996.................................................... 15.2 19.7 2.0 1.2 19.4 1.4 0.6 1.7
1997.................................................... 30.2 16.0 2.0 0.3 15.7 1.2 0.4 0.3
1998.................................................... 20.3 19.9 1.5 0.8 10.7 0.6 0.3 1.4
1999.................................................... 15.8 27.4 1.5 0.6 11.4 1.0 0.4 0.6
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Kazakhstan, Turkmenistan, and Uzbekistan also provide for sampling
and testing of live animals more than 30 days prior to exportation from
the country of origin. These three Central Asian countries imported
relatively few live animals from 1993 through 1998 and none from the
United States; 1999 import data are not currently available. Table 3
shows the value of live animals imported into these three countries and
[[Page 11560]]
the rest of the world, based on United Nations data.
Table 3.--Imports of Live Animals
[In $1,000]
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Year Kazakhstan Turkmenistan Uzbekistan All countries
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1993............................................ $600 $551 .............. $8,965,958
1994............................................ 29 .............. $400 9,556,484
1995............................................ 427 .............. 200 10,020,452
1996............................................ 137 .............. 200 9,925,704
1997............................................ 231 .............. 200 8,991,483
1998............................................ 433 .............. 200 8,991,071
1999............................................ .............. .............. .............. ..............
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This final rule will facilitate live animal exports from the United
States to Brazil, Egypt, Japan, Kazakhstan, Korea, Taiwan, Turkey,
Turkmenistan, Uzbekistan, and other countries that may allow or require
animals to be tested, or samples to be taken for testing, more than 30
days prior to export from the United States. Approximately 17.5 percent
of live animal exports from the United States went to these countries
in the years 1993 through 1999. We do not know how many of these
shipments were made by small entities. However, all U.S. entities,
including small entities, who export live animals to these countries
will benefit from this rule, albeit in a relatively small way, by not
having to bear the costs of an additional origin health certificate,
estimated at approximately $150 per shipment.
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 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
9 CFR Part 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, Transportation.
9 CFR Part 161
Reporting and recordkeeping requirements, Veterinarians.
Accordingly, we are amending 9 CFR parts 91 and 161 as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
1. The authority citation for part 91 is revised to read as
follows:
Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 1343f,
136, 136a, 612, 613, 614, and 618; 46 U.S.C. 3901 and 3902; 49
U.S.C. 1509(d); 7 CFR 2.22, 2.80, and 371.4.
2. In Sec. 91.3, paragraph (a) and the second sentence in paragraph
(c) are revised to read as follows:
Sec. 91.3 General export requirements.
(a) All animals intended for exportation to a foreign country,
except by land to Mexico or Canada, must be accompanied from the State
of origin of the export movement to the port of embarkation by an
origin health certificate. All animals intended for exportation by land
to Mexico or Canada must be accompanied from the State of origin of the
export movement to the border of the United States by an origin health
certificate. The origin health certificate must certify that the
animals were inspected within the 30 days prior to the date of export,
except as follows: When the Administrator allows sampling or testing to
be done more than 30 days prior to the date of export, in accordance
with paragraph (c) of this section, then the animals also may be
inspected within that same time period, and the origin health
certificate will remain valid for that time period. The origin health
certificate must certify that the animals were found upon inspection to
be healthy and free from evidence of communicable disease and exposure
to communicable disease. The origin health certificate must be endorsed
by an authorized APHIS veterinarian in the State of origin and must
include any test results added by the authorized APHIS veterinarian
pursuant to Sec. 161.3(k) of this chapter (any added test results must
be initialed by the authorized veterinarian). The origin health
certificate must individually identify the animals in the shipment as
to species, breed, sex, and age and, if applicable, must also show
registration name and number, tattoo markings, or other natural or
acquired markings. The origin health certificate must include all test
results, certifications, or other statements required by the country of
destination.
* * * * *
(c) * * * The samples must be taken and tests must be made within
the 30 days prior to the date of export, except that the Administrator
may allow such sampling or testing to be conducted more than 30 days
prior to the date of export if required or allowed by the receiving
country, and the tuberculin test may be conducted within the 90 days
prior to the date of export. * * *
* * * * *
PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION
3. The authority citation for part 161 continues to read as
follows:
Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.22, 2.80,
and 371.4.
[[Page 11561]]
4. In Sec. 161.3, the last two sentences in paragraph (b) are
revised to read as follows.
Sec. 161.3 Standards for accredited veterinarian duties.
* * * * *
(b) * * * Certificates, forms, records, and reports shall be valid
for 30 days following the date of inspection of the animal identified
on the document, except that origin health certificates may be valid
for a longer period of time as provided in Sec. 91.3(a) of this
chapter. The accredited veterinarian must distribute copies of
certificates, forms, records, and reports according to instructions
issued to him or her by the Veterinarian-in-Charge.
* * * * *
Done in Washington, DC, this 11th day of March 2002 .
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-6266 Filed 3-14-02; 8:45 am]
BILLING CODE 3410-34-U