Inspection of Animals for Export to Mexico or Canada

SUMMARY: We are proposing to amend the regulations concerning the

inspection and handling of livestock for exportation by requiring that

all animals intended for exportation other than by land (that is to

say, by air or sea) to Mexico or Canada receive a final inspection by

an Animal and Plant Health Inspection Service veterinarian at an export

inspection facility at a designated port of embarkation. We believe

this action is necessary to help ensure that only healthy animals are

exported from the United States.

DATES: Consideration will be given only to comments received on or

before June 27, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 93-031-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue, SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff

Veterinarian, Import-Export Animals Staff, National Center for Import-

Export, Veterinary Services, APHIS, USDA, room 761, Federal Building,

6505 Belcrest Road, Hyattsville, MD 20782, 301-436-7511.

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 91.3(a) requires, among other things, that all animals intended

for exportation to Mexico or Canada, except cattle from Mexico imported

into the United States in bond for temporary feeding and return to

Mexico, 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, as defined in Sec. 91.1, is an official

document issued by an Animal and Plant Health Inspection Service

(APHIS) representative or an accredited veterinarian at the point of

origin of a shipment of animals to be moved under part 91, which shows

the identification tag, tattoo, or registration number or similar

identification of each animal to be moved, the number, breed, sex, and

approximate age of the animals covered by the document, the date and

place of issuance, the points of origin and destination, the consignor,

and the consignee, and which states that the animal or animals

identified on the certificate meet the export health requirements.

Section 91.3(b) requires, among other things, that all animals in

export shipments, except animals intended for export to Mexico or

Canada, be inspected, tested, or treated as prescribed in the

regulations before the movement of the export shipment to the export

inspection facility. Animals intended for export to Mexico or Canada

must be inspected, tested, or treated as prescribed in the regulations

before movement from the State of origin.

Section 91.14(a) requires that all animals, except animals being

exported to Mexico or Canada, be exported through designated ports of

embarkation with export inspection facilities that meet the standards

for export inspection facilities specified in Sec. 91.14(c). Section

91.15(a) requires that all animals offered for exportation to foreign

countries, except Mexico or Canada, be inspected by an APHIS

veterinarian at either:

(1) An export inspection facility at a port designated in

Sec. 91.14(a); or

(2) In special cases, at a port or inspection facility designated

by the Administrator under Sec. 91.14(b).

Until recently, exporters shipping animals to Mexico or Canada have

moved the animals by land from the United States. All animals moved by

land to Mexico or Canada are inspected at their point of origin by an

APHIS representative or an accredited veterinarian. Upon arrival at a

land border port of entry in Mexico or Canada, the animals are

inspected by a Mexican or Canadian veterinarian, respectively. Because

of the inspections conducted by Mexican or Canadian veterinarians,

APHIS veterinarians have not conducted these inspections at land border

port crossings. The close proximity of U.S. land border ports to the

Mexican and Canadian land border ports have facilitated the return to

the United States of any animals that may have been diseased or may

have been exposed to disease.

In the past year, however, many exporters have begun to move

animals by air or sea from the United States to Mexico or Canada. This

practice has raised a concern that animals could be moved directly into

the interior of these two countries without a final veterinary

inspection prior to that movement, thus circumventing the inspection

system that helps prevent the exportation of diseased animals or

animals that may have been exposed to disease.

To determine the disease status of any animals that are moved from

the United States other than by land to Mexico or Canada, we are

proposing that animals intended for exportation by air or sea to either

of these two countries meet the same requirements as animals exported

to other foreign countries under Secs. 91.3(a) and (b), 91.14(a), and

91.15(a). We, therefore, are proposing to amend the regulations to

limit the exception for animals exported to Mexico or Canada to those

animals intended for export to those countries by land. Such

exportations would not have to meet the requirements in the above-cited

regulations for the reasons already discussed.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

This proposed 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 proposed rule would require a final inspection at an export

inspection facility at a designated port of embarkation for all animals

intended for export to Mexico and Canada by air or sea. Animals

intended for export to Mexico and Canada by air or sea would first be

inspected by an APHIS representative or an accredited veterinarian in

the State of origin. The APHIS representative or an accredited

veterinarian would issue an origin health certificate, which an

authorized APHIS veterinarian in the State of origin would endorse. At

the port of embarkation, the animals would receive a final inspection

by an APHIS veterinarian before they would be allowed to leave the

United States.

The exporter would be charged a user fee ($33.50 an hour plus

reimbursable overtime when applicable) for the final inspection as

provided in 9 CFR part 130. This inspection could require 6 to 8 hours

of work for one or two veterinarians. The total cost of inspection for

an air shipment from Miami ranges from about $200 to $600 a shipment.

The total cost of inspection for a sea shipment from Hawaii ranges from

$1,000 to $2,000 a shipment.

These costs are very small compared to the value of the animals

being shipped. For example, gilts (young, female pigs or immature sows)

may be valued at $500 to $1,000 or more a head, depending upon breed.

Heifers (young cows that have not borne calves) may be worth $2,000 a

head. One air shipment may contain as many as 240 gilts or 80 heifers.

One sea shipment from Hawaii may contain 1,000 to 2,000 heifers.

Clearly, the costs of inspection are relatively minor.

Moreover, the exporting entities involved generally are not small

(defined as having 100 or fewer employees). They are large companies,

often with worldwide operations that handle large volumes of traded

animals. For example, about 14,000 swine were exported by air from

Miami last year, all by a few large companies. There are now only two

exporting companies operating out of Hawaii, one of which is a

``small'' entity.

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 the Executive Order

12372, which requires intergovernmental consultation with State and

local officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

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

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this proposed rule have been approved by the Office of

Management and Budget (OMB), and there are no new requirements. The

assigned OMB control number is 0579-0069.

List of Subjects in 9 CFR Part 91

Animal diseases, Animal welfare, Exports, Livestock, Reporting and

recordkeeping requirements, Transportation.

Accordingly, 9 CFR part 91 would be amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

1. The authority citation for part 91 would be revised to read as

follows:

Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,

136, 136a, 612, 613, 614, 618, 46 U.S.C. 466a, 466b, 49 U.S.C.

1509(d); 7 CFR 2.17, 2.51, and 371.2(d).

Sec. 91.3 [Amended]

2. Section 91.3 would be amended as follows:

a. In paragraph (a), in the first and second sentences, the words

``by land'' would be added immediately before the phrase ``to Mexico or

Canada''.

b. In paragraph (b), in the first and second sentences, the words

``by land'' would be added immediately before the phrase ``to Mexico or

Canada''.

c. At the end of the section, in the parenthetical statement,

``0579-0069'' would be removed and ``0579-0020'' would be added in its

place.

Sec. 91.5 [Amended]

3. At the end of Sec. 91.5, in the parenthetical statement, ``0579-

0069'' would be removed and ``0579-0020'' would be added in its place.

Sec. 91.6 [Amended]

4. At the end of Sec. 91.6, in the parenthetical statement, ``0579-

0069'' would be removed and ``0579-0020'' would be added in its place.

Sec. 91.14 [Amended]

5. In Sec. 91.14, paragraph (a), in the second sentence, the words

``by land'' would be added immediately before the phrase ``to Mexico or

Canada''.

Sec. 91.15 [Amended]

6. In Sec. 91.15, in paragraph (a), the words ``by land to'' would

be added immediately before the phrase ``Mexico or Canada''.

Done in Washington, DC, this 20th day of April 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-10029 Filed 4-25-94; 8:45 am]

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