Inspection of Animals for Export to Mexico or Canada

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 93-031-2]

Inspection of Animals for Export to Mexico or Canada

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 have determined this

action is necessary to help ensure that only healthy animals are

exported from the United States.

EFFECTIVE DATE: February 23, 1995.

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

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

Export, Veterinary Services, APHIS, USDA, P.O. Drawer 810, Riverdale,

MD 20738. The telephone number for the agency contact will change when

agency offices in Hyattsville, MD, move to Riverdale, MD, in February.

Telephone: (301) 436-7511 (Hyattsville); (301) 734-7511 (Riverdale).

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.

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. 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 Animal and Plant Health Inspection Service (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).

On April 26, 1994, we published in the Federal Register (59 FR

21675-21676, Docket No. 93-031-1) a proposal to amend the regulations

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 APHIS veterinarian at an export inspection

facility at a designated port of embarkation to help ensure that only

healthy animals are exported from the United States.

We solicited comments concerning our proposal for 60 days ending

June 27, 1994. We received three comments by that date. They were from

one producer and two horse industry organizations. We carefully

considered these comments, which are discussed below by topic.

Basis for Change

One commenter stated that there is no evidence that unhealthy

horses are being exported to Canada or Mexico, or that Canadian or

Mexican officials are concerned about the problem. The commenter stated

further that if these countries are concerned, they and not APHIS need

to address the problem. We have made no change in response to this

comment. It is the responsibility of the Secretary of Agriculture to

ensure that only healthy horses and other livestock are exported from

the United States (21 U.S.C. 105, 112, 113, 612 and 614).

One commenter stated that the present regulations, which require

the animals to be accompanied from the State of origin to the port of

embarkation by an origin health certificate, are sufficient. We have

made no change based on this comment. We agree that the present

regulations are sufficient for animals traveling by land to Canada or

Mexico because of the follow-up inspection at the border. However,

animals identified on the origin health certificate may have been

inspected at any time within 30 days prior to the date of the export

movement. We believe that a final inspection at the port of embarkation

is necessary for animals shipped to Canada or Mexico by air or

[[Page 4535]] sea to ensure that the animals are healthy.

One commenter expressed concern about the effect of this rulemaking

on the Breeders' Cup, an organization which conducts an annual

international championship event. The commenter said that this event

will be held in Canada in 1996, and that the rule would create a

hardship for individual horsemen and airline carriers by requiring them

to coordinate inspections for horses leaving racing facilities across

the United States, and by requiring the horses to leave from only USDA

designated ports of embarkation. We have made no changes based on this

comment. We have already explained our reason for requiring the horses

to be inspected. As for requiring the inspection to take place at USDA

designated ports of embarkation, there are approximately 30 designated

ports of embarkation in the United States for the exportation of

animals. Furthermore, our regulations provide that, in special cases,

other ports may be designated by the Administrator, with the

concurrence of the Director of Customs, when the exporter can show to

the satisfaction of the Administrator that the animals to be exported

would suffer undue hardship if required to move to one of the

designated ports. These provisions have proved successful for the

movement of animals, including horses, to other foreign countries, and

we are confident that they will prove sufficient for the movement of

animals by air or sea to Canada or Mexico.

One commenter stated that the proposed amendments would create an

economic hardship on horse owners, because they would have to pay an

hourly user fee, for a minimum of 5 hours, plus applicable reimbursable

overtime expenses, while the horses are held at the port of embarkation

for the final inspection. The commenter stated that these costs would

be proportionally greater for horse owners than for owners of other

animals, since horses are shipped in smaller volumes than are other

animals. We have made no changes based on this comment. We do not

believe that horse owners will be disproportionately affected by this

rulemaking. In accordance with 9 CFR 130.21, a user fee of $50.00 per

hour is charged for inspection and supervision services provided by

APHIS personnel for export animals. The total user fee for these

services is based on the amount of time it takes APHIS personnel to

actually inspect the horses or other animals, not on the 5-hour holding

period specified in Sec. 91.15(a). Smaller shipments will normally take

less time, and incur a lower user fee, than larger shipments.

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.

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 will require a final inspection at an export inspection

facility at a designated port of embarkation for all animals intended

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

export to Mexico and Canada by air or sea will first be inspected by an

APHIS representative or an accredited veterinarian in the State of

origin. The APHIS representative or an accredited veterinarian will

issue an origin health certificate, which an authorized APHIS

veterinarian in the State of origin will endorse. At the port of

embarkation, the animals will receive a final inspection by an APHIS

veterinarian before they will be allowed to leave the United States.

The exporter will be charged a user fee ($50.00 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 of gilts or heifers from Miami ranges from about $200

to $600 a shipment. The total cost of inspection for a sea shipment of

heifers 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.

Relatively few exporters of horses will be affected by this rule.

Our records indicate that during fiscal year 1994, exporters moved

fewer than 10 shipments of horses (totalling less than 20 horses) to

Mexico by air (there were no shipments of horses to Mexico by sea) and

no shipments of horses by air or sea to Canada. By far, most shipments

are by land, with the number of horses exported to Mexico ranging from

1,000 to 2,500 annually, and to Canada ranging from 50,000 to 60,000

annually.

Generally, the entities that will be affected by this rule 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 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 12778

This rule has been reviewed under Executive Order 12778, 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

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 rule have been approved by the Office of Management

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

control number is 0579-0020.

List of Subjects in 9 CFR Part 91

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

recordkeeping requirements, Transportation.

Accordingly, 9 CFR part 91 is amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

1. The authority citation for part 91 continues 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). [[Page 4536]]

Sec. 91.3 [Amended]

2. Section 91.3 is amended as follows:

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

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

Canada''.

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

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

Canada''.

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

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

Sec. 91.5 [Amended]

3. In Sec. 91.5, at the end of the section, in the parenthetical

statement, ``0579-0069'' is removed and ``0579-0020'' is added in its

place.

Sec. 91.6 [Amended]

4. In Sec. 91.6, at the end of the section, in the parenthetical

statement, ``0579-0069'' is removed and ``0579-0020'' is added in its

place.

Sec. 91.14 [Amended]

5. In Sec. 91.14, paragraph (a), introductory text, in the second

sentence, the words ``by land'' are 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'' are

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

Done in Washington, DC, this 18th day of January 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-1740 Filed 1-23-95; 8:45 am]

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