[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19039-19041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10099]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 156
[Docket No. 93-168-2]
Export Certification of Animal Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning inspection and
certification of animal byproducts by removing references to ``inedible
animal byproducts'' and replacing them with references to ``animal
products,'' and by providing for the issuance of export certificates
for animal products which do not require inspection. These amendments
will facilitate trade in U.S. animal products.
EFFECTIVE DATE: May 19, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. Marolo Garcia, Senior Staff
Veterinarian, Products Staff, National Center for Import and Export,
VS, APHIS, Suite 3B05, 4700 River Road, Unit 40, Riverdale, MD 20737-
1231. Telephone: (301) 734-4401; or E-mail: mgarcia@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 156 (referred to as the regulations)
govern the inspection and certification of animal byproducts. These
regulations were promulgated under authority contained in sections 203
and 205 of The Agricultural Marketing Act of 1946, as amended (7 U.S.C.
1622 and 1624) (the Act). The Act authorizes the Secretary of
Agriculture, among other things, to ``inspect, certify, and identify
the class, quality, quantity, and condition of agricultural products
when shipped or received in interstate commerce, under such rules and
regulations as the Secretary of Agriculture may prescribe* * *.'' The
Act further states that the intended effect of this authority is that
agricultural products may be ``marketed to the best advantage'' and
``that trading may be facilitated.'' The Act also authorizes the
Secretary ``to perform such other activities as will facilitate the
marketing [and] distribution of agricultural products through
commercial channels.'' In addition, the Act states that no person shall
be required to use the service.
Animal Byproducts/Animal Products
Until recently, the Animal and Plant Health Inspection Service
(APHIS) under the Act was granted authority with respect to voluntary
inspection and certification of only inedible animal byproducts. Our
regulations have therefore only provided for APHIS to issue export
certificates for inedible animal byproducts.
However, effective November 8, 1995, APHIS was granted broader
authority under revised delegations of authority from the Secretary of
Agriculture and general officers of the Department (see 60 FR 56392, et
seq.). Among other changes, the Administrator, APHIS, was granted
authority to administer the Act ``with respect to voluntary inspection
and certification of animal products'' (see 60 FR 56457, 7 CFR
2.80(a)(28)). The effect of this amendment was to give APHIS authority
to issue export certificates for all animal products, edible and
inedible.
To reflect this change, we published a proposed rule in the Federal
Register on September 19, 1996, (61 FR 49278-49279, Docket 93-168-2),
to amend the regulations to remove the term ``animal byproduct''
wherever it appears, and replace it with the term ``animal
[[Page 19040]]
product.'' We also proposed to remove the definition of ``animal
byproduct'' and add a definition of ``animal product.''
Export Certificates Without Inspection
Most countries require imported animal products to be accompanied
by an official export certificate issued by the country of origin.
Without such a certificate, the products cannot be brought into the
country. Depending upon the product involved, many importing countries
require the export certificate to state only that the exporting country
is free of certain diseases. Often there is no requirement that the
product itself have been inspected. As part of our proposal of
September 19, 1996, we proposed to amend the regulations to provide
that APHIS may issue export certificates for animal products or
byproducts without conducting an inspection.
We solicited comments concerning our proposal for 60 days ending
November 18, 1996. We received 1 comment by that date.
The commenter questioned whether APHIS should issue export
certificates for milk, stating that State and other Federal authorities
should certify milk for export.
We have carefully considered this comment and determined that no
changes in our proposed rule are necessary.
We are not proposing to establish APHIS as the sole certifying
authority for milk, or for any other animal products intended for
export. Under our proposal, APHIS export certificates for all animal
products, including milk, would be available to exporters who request
them. APHIS export certificates would be available in addition to, not
instead of, acceptable export certificates issued by other Federal and
State agencies. We anticipate that exporters are most likely to request
export certificates for milk and other dairy products from APHIS when
the importing country requires that we provide certified information
about the status of certain diseases in this country that could affect
dairy cattle. Because APHIS has the authority and the expertise
necessary to issue such certificates, we believe exporters should be
able to obtain them from APHIS.
We want to make it clear that APHIS does not require export
certificates; export certificates are required by the country importing
the product. Additionally, APHIS does not specify what information or
certifications must appear on an export certificate; that is specified
by the country importing the product. APHIS's role is simply to make
export certificates available. In fact, an importing country may accept
any documentation it chooses, including export certificates issued by
other Federal and State agencies.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule without change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. The
rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
This change in the regulations will enable APHIS to issue export
certificates for certain animal products without inspecting the
products. This is a service many prospective exporters have asked the
Agency to provide. Under the amended regulations, exporters will not be
required to use this service. However, exporters who choose to obtain
export certificates from APHIS will be required to pay a user fee of
$21.50 for each certificate.
According to Foreign Agriculture Trade of the United States, FY
1995 Supplement, which contains the most recent data available,
approximately $3.5 billion worth of animal products of all types were
exported from the United States during FY 94. During FY 1996, APHIS
issued approximately 70,000 export certificates for animal products of
all types.
In our proposal of September 19, 1996, we invited comments on the
impact of this rule. We specifically requested data indicating the
number of entities that export animal products, how many entities might
export edible animal products under our proposed rule, and how many of
these entities might be small entities. Although we received no
response to our request, we have no reason to believe that making
export certificates available under this voluntary service would have a
significant economic impact on small entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12998, 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 rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 9 CFR Part 156
Exports, Livestock, Poultry and poultry products, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR part 156, is amended as follows:
PART 156--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE
1. The authority citation for part 156 continues to read as
follows:
Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22,
2.80, and 371.2(d).
2. The heading of part 156 is revised as set forth above.
3. Section 156.2 is amended as follows:
a. Paragraph (g) is removed;
b. All paragraph designations are removed;
c. All definitions are placed in alphabetical order; and
d. A definition of Animal product is added, in alphabetical order,
to read as follows:
Sec. 156.2 Definitions.
* * * * *
Animal product. Anything made of, derived from, or containing any
material of animal origin.
* * * * *
Secs. 156.3, 156.5, and 156.8 [Amended]
4. In the following sections, the word ``byproducts'' is removed
and the word ``products'' added in its place:
a. Sec. 156.3, each time it appears;
b. Sec. 156.5; and
c. Sec. 156.8(b), each time it appears.
5. In Sec. 156.6, the first sentence is revised to read as follows:
Sec. 156.6 Certificates.
The inspector shall sign and issue certificates in forms approved
by the Administrator for animal products, if the inspector finds that
the requirements as stated in the certification have been met. * * *
[[Page 19041]]
Done in Washington, DC, this 15th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-10099 Filed 4-17-97; 8:45 am]
BILLING CODE 3410-34-P
