81 FR 74279 - Exportation of Live Animals, Hatching Eggs, and Animal Germplasm From the United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range		74279-74280
FR Document		2016-25860

In a final rule published in the Federal Register on January 20, 2016, and effective on February 19, 2016, we revised our regulations regarding the exportation of livestock from the United States. Among other revisions, we expanded the scope of the regulations so that, if the Animal and Plant Health Inspection Service (APHIS) knows that an importing country requires an export health certificate endorsed by the competent veterinary authority of the United States for any animal other than livestock or for any animal semen, animal embryos, hatching eggs, other embryonated eggs, or gametes intended for export to that country, the animal or other commodity must have an endorsed export health certificate in order to be eligible for export from the United States. While, in the preamble for that rule, we indicated that APHIS is the competent veterinary authority of the United States, and must endorse the export health certificate in such instances, this was not reflected in the regulations themselves. This document corrects that error.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)

[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74279-74280]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25860]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / 
Rules and Regulations

[[Page 74279]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. APHIS-2012-0049]
RIN 0579-AE00


Exportation of Live Animals, Hatching Eggs, and Animal Germplasm 
From the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: In a final rule published in the Federal Register on January 
20, 2016, and effective on February 19, 2016, we revised our 
regulations regarding the exportation of livestock from the United 
States. Among other revisions, we expanded the scope of the regulations 
so that, if the Animal and Plant Health Inspection Service (APHIS) 
knows that an importing country requires an export health certificate 
endorsed by the competent veterinary authority of the United States for 
any animal other than livestock or for any animal semen, animal 
embryos, hatching eggs, other embryonated eggs, or gametes intended for 
export to that country, the animal or other commodity must have an 
endorsed export health certificate in order to be eligible for export 
from the United States. While, in the preamble for that rule, we 
indicated that APHIS is the competent veterinary authority of the 
United States, and must endorse the export health certificate in such 
instances, this was not reflected in the regulations themselves. This 
document corrects that error.

DATES: Effective October 26, 2016.

FOR FURTHER INFORMATION CONTACT: Dr. Jack Taniewski, Director for 
Animal Export, National Import Export Services, VS, APHIS, 4700 River 
Road Unit 39, Riverdale, MD 20737-1231; (301) 851-3300.

SUPPLEMENTARY INFORMATION: In a final rule \1\ that was published in 
the Federal Register on January 20, 2016 (81 FR 2967, Docket No. APHIS-
2012-0049), and effective on February 19, 2016, we amended the 
regulations concerning the exportation of livestock from the United 
States, which are found in 9 CFR part 91 (referred to below as ``the 
regulations''). Among other revisions, we expanded the scope of the 
regulations so that, if the Animal and Plant Health Inspection Service 
(APHIS) knows that an importing country requires an export health 
certificate endorsed by the competent veterinary authority of the 
United States for any animal other than livestock or for any animal 
semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes intended for export to that country, the animal or other 
commodity must have an endorsed export health certificate in order to 
be eligible for export from the United States.
---------------------------------------------------------------------------

    \1\ To view the rule, supporting documents, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2012-0049.
---------------------------------------------------------------------------

    In the preamble of that rule, we stated that this requirement was 
necessary because several foreign countries consider any animal, 
germplasm, or hatching egg offered for importation to their country 
without an export health certificate issued by the competent veterinary 
authority of the exporting country to present a risk of disseminating 
pests or diseases of livestock within their country, and accordingly 
prohibit such importation. We also stated that, if we are aware that 
the importing country has such requirements, we consider it necessary 
to require export health certificates for the animals, germplasm, or 
hatching eggs in order to provide assurances to the importing country 
that, in our, that is, APHIS', determination as the competent 
veterinary authority of the United States, we do not consider the 
animals, germplasm, or hatching eggs to present a risk of disseminating 
pests or diseases of livestock. Thus, we implied that, in such 
instances, the export health certificate must be issued and endorsed by 
APHIS.
    In the regulatory text of that final rule, however, we did not 
specify that such export health certificates must be endorsed by APHIS, 
but rather that they must be endorsed by the competent veterinary 
authority of the United States.
    This has led to confusion regarding whether we intended to allow 
agencies other than APHIS to endorse the certificates. We did not.
    Accordingly, we are amending the regulations to specify that, if 
APHIS knows that an importing country requires an export health 
certificate endorsed by the competent veterinary authority of the 
United States for any animal other than livestock or for any animal 
semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes intended for export to that country, the animal or other 
commodity must have an export health certificate endorsed by APHIS in 
order to be eligible for export from the United States.

List of Subjects in 9 CFR Part 91

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

    Accordingly, we are amending 9 CFR part 91 as follows:

PART 91--EXPORTATION OF LIVE ANIMALS, HATCHING EGGS OR OTHER 
EMBRYONATED EGGS, ANIMAL SEMEN, ANIMAL EMBRYOS, AND GAMETES FROM 
THE UNITED STATES

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.  91.3, paragraph (a)(2) is revised to read as follows:


Sec.  91.3  General requirements.

    (a) * * *
    (2) If APHIS knows that an importing country requires an export 
health certificate endorsed by the competent veterinary authority of 
the United States for any animal other than livestock or for any animal 
semen, animal embryos, hatching eggs, other embryonated eggs, or 
gametes intended for export to that country, the animal or other 
commodity must have an export health certificate endorsed by APHIS in 
order to be

[[Page 74280]]

eligible for export from the United States.
* * * * *

    Done in Washington, DC, this 21st day of October 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-25860 Filed 10-25-16; 8:45 am]
 BILLING CODE 3410-34-P

74279

Rules and Regulations Federal Register
Vol. 81, No. 207

Wednesday, October 26, 2016

This section of the FEDERAL REGISTER VS, APHIS, 4700 River Road Unit 39, export health certificates must be
contains regulatory documents having general Riverdale, MD 20737–1231; (301) 851– endorsed by APHIS, but rather that they
applicability and legal effect, most of which 3300. must be endorsed by the competent
are keyed to and codified in the Code of veterinary authority of the United
SUPPLEMENTARY INFORMATION: In a final
Federal Regulations, which is published under States.
50 titles pursuant to 44 U.S.C. 1510.
rule 1 that was published in the Federal
Register on January 20, 2016 (81 FR This has led to confusion regarding
The Code of Federal Regulations is sold by 2967, Docket No. APHIS–2012–0049), whether we intended to allow agencies
the Superintendent of Documents. Prices of and effective on February 19, 2016, we other than APHIS to endorse the
new books are listed in the first FEDERAL amended the regulations concerning the certificates. We did not.
REGISTER issue of each week. exportation of livestock from the United Accordingly, we are amending the
States, which are found in 9 CFR part regulations to specify that, if APHIS
91 (referred to below as ‘‘the knows that an importing country
DEPARTMENT OF AGRICULTURE regulations’’). Among other revisions, requires an export health certificate
we expanded the scope of the endorsed by the competent veterinary
Animal and Plant Health Inspection regulations so that, if the Animal and authority of the United States for any
Service Plant Health Inspection Service (APHIS) animal other than livestock or for any
knows that an importing country animal semen, animal embryos,
9 CFR Part 91 requires an export health certificate hatching eggs, other embryonated eggs,
[Docket No. APHIS–2012–0049] endorsed by the competent veterinary or gametes intended for export to that
authority of the United States for any country, the animal or other commodity
RIN 0579–AE00
animal other than livestock or for any must have an export health certificate
Exportation of Live Animals, Hatching animal semen, animal embryos, endorsed by APHIS in order to be
Eggs, and Animal Germplasm From hatching eggs, other embryonated eggs, eligible for export from the United
the United States or gametes intended for export to that States.
country, the animal or other commodity
AGENCY: Animal and Plant Health must have an endorsed export health List of Subjects in 9 CFR Part 91
Inspection Service, USDA. certificate in order to be eligible for Animal diseases, Animal welfare,
ACTION: Final rule; technical export from the United States. Exports, Livestock, Reporting and
amendment. In the preamble of that rule, we stated recordkeeping requirements,
that this requirement was necessary Transportation.
SUMMARY: In a final rule published in because several foreign countries
the Federal Register on January 20, Accordingly, we are amending 9 CFR
consider any animal, germplasm, or
2016, and effective on February 19, part 91 as follows:
hatching egg offered for importation to
2016, we revised our regulations their country without an export health PART 91—EXPORTATION OF LIVE
regarding the exportation of livestock certificate issued by the competent ANIMALS, HATCHING EGGS OR
from the United States. Among other veterinary authority of the exporting OTHER EMBRYONATED EGGS,
revisions, we expanded the scope of the country to present a risk of ANIMAL SEMEN, ANIMAL EMBRYOS,
regulations so that, if the Animal and disseminating pests or diseases of AND GAMETES FROM THE UNITED
Plant Health Inspection Service (APHIS) livestock within their country, and STATES
knows that an importing country accordingly prohibit such importation.
requires an export health certificate We also stated that, if we are aware that ■ 1. The authority citation for part 91
endorsed by the competent veterinary the importing country has such continues to read as follows:
authority of the United States for any requirements, we consider it necessary
Authority: 7 U.S.C. 8301–8317; 19 U.S.C.
animal other than livestock or for any to require export health certificates for 1644a(c); 21 U.S.C. 136, 136a, and 618; 46
animal semen, animal embryos, the animals, germplasm, or hatching U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and
hatching eggs, other embryonated eggs, eggs in order to provide assurances to 371.4.
or gametes intended for export to that the importing country that, in our, that ■ 2. In § 91.3, paragraph (a)(2) is revised
country, the animal or other commodity is, APHIS’, determination as the to read as follows:
must have an endorsed export health competent veterinary authority of the
certificate in order to be eligible for United States, we do not consider the § 91.3 General requirements.
export from the United States. While, in animals, germplasm, or hatching eggs to (a) * * *
the preamble for that rule, we indicated present a risk of disseminating pests or (2) If APHIS knows that an importing
that APHIS is the competent veterinary diseases of livestock. Thus, we implied country requires an export health
authority of the United States, and must that, in such instances, the export health certificate endorsed by the competent
endorse the export health certificate in certificate must be issued and endorsed veterinary authority of the United States
such instances, this was not reflected in by APHIS. for any animal other than livestock or
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the regulations themselves. This In the regulatory text of that final rule, for any animal semen, animal embryos,
document corrects that error. however, we did not specify that such hatching eggs, other embryonated eggs,
DATES: Effective October 26, 2016. or gametes intended for export to that
1 To view the rule, supporting documents, and
FOR FURTHER INFORMATION CONTACT: Dr.
comments we received, go to http://
country, the animal or other commodity
Jack Taniewski, Director for Animal www.regulations.gov/#!docketDetail;D=APHIS- must have an export health certificate
Export, National Import Export Services, 2012-0049. endorsed by APHIS in order to be

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74280 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations

eligible for export from the United short comments directly into the premises, on vehicles that are on the
States. comment field on this Web page or official premises, and on vehicles in
* * * * * attach a file for lengthier comments. Go queue for slaughter establishments.
to http://www.regulations.gov/. Follow Once a vehicle carrying livestock enters,
Done in Washington, DC, this 21st day of
October 2016. the on-line instructions at that site for or is in line to enter, an official
submitting comments. establishment’s premises, the vehicle is
Kevin Shea,
Mail, including CD–ROMs, etc.: Send considered to be part of that official
Administrator, Animal and Plant Health to Docket Room Manager, U.S. establishment’s premises (see FSIS
Inspection Service.
Department of Agriculture, Food Safety Directive 6900.2).
[FR Doc. 2016–25860 Filed 10–25–16; 8:45 am] With respect to enforcement action at
and Inspection Service, Patriots Plaza 3,
BILLING CODE 3410–34–P 14000 Independence Avenue SW., the establishment, the FMIA and
Mailstop 3782, Room 8–163B, implementing regulations provide that
Washington, DC 20250–3700. FSIS may suspend inspection services
DEPARTMENT OF AGRICULTURE Hand- or courier-delivered submittals: from an official establishment for
Deliver to Patriots Plaza 3, 355 E. Street inhumane slaughter or inhumane
Food Safety and Inspection Service
SW., Room 8–163B. Washington, DC handling in connection with slaughter
20250–3700. (21 U.S.C. 603(b); 9 CFR part 500). The
9 CFR Parts 313, 320, and 500 FMIA (21 U.S.C. 610) provides that no
Instructions: All items submitted by
[Docket No. FSIS–2016–0004] mail or electronic mail must include the person, establishment, or corporation
Agency name and docket number FSIS– shall slaughter or handle in connection
Inhumane Handling of Livestock in 2016–0004. Comments received in with slaughter any livestock in any
Connection With Slaughter by Persons response to this docket will be made manner not in accordance with the
Not Employed by the Official available for public inspection and HMSA (21 U.S.C. 610(b)). The FMIA
Establishment posted without change, including any also provides for the issuance of
AGENCY: Food Safety and Inspection personal information, to http:// warning letters and for initiation of
Service, USDA. www.regulations.gov. criminal and civil action for violations
Docket: For access to background (21 U.S.C. 674 and 676).
ACTION: Final determination and
documents or to comments received, go Livestock transporters or haulers
opportunity for comments. transport animals to slaughter
to the FSIS Docket Room at Patriots
SUMMARY: The Food Safety and Plaza 3, 355 E. Street SW., Room 8–164, establishments. Many of these
Inspection Service (FSIS), is announcing Washington, DC 20250–3700 between 8 individuals are not employed by the
its intent to hold livestock owners, a.m. and 4:30 p.m., Monday through establishment and thus are not required
transporters, haulers and other persons Friday. to follow instructions from the
not employed by an official establishment on the handling of
FOR FURTHER INFORMATION CONTACT: livestock in connection with slaughter.
establishment responsible if they Daniel L. Engeljohn, Ph.D., Assistant
commit acts involving inhumane Unlike owners of Federal
Administrator, Office of Policy and establishments, non-employees, such as
handling of livestock in connection with Program Development, FSIS, USDA;
slaughter when on the premises of an livestock transporters, generally do not
Telephone: (202) 205–0495. hold a grant of Federal inspection and
official establishment. The Agency
SUPPLEMENTARY INFORMATION: therefore are not subject to FSIS
intends to initiate civil or criminal
administrative enforcement actions.
action, in appropriate circumstances, Background
When non-employee transporters
against individuals not employed by an FSIS administers the Federal Meat inhumanely handle livestock on the
official establishment, if these Inspection Act (FMIA) (21 U.S.C. 601 et premises of an official establishment,
individuals handle livestock seq.), which establishes requirements FSIS takes action against the
inhumanely in connection with for the premises, facilities, and establishment (see FSIS Directive
slaughter when on the official premises. operations of official establishments that 6900.2). For purposes of this document,
FSIS believes these actions will further slaughter livestock and prepare meat livestock transporters, haulers, or other
improve the welfare of livestock and meat products for human food to persons not employed by an official
handled in connection with slaughter by ensure both the safety of meat and the establishment that handle livestock in
ensuring that all persons that humane slaughter and handling of connection with slaughter are
inhumanely handle livestock in livestock. The FMIA provides that, for collectively referred to as ‘‘non-
connection with slaughter are held the purposes of preventing inhumane employee transporters’’, or simply ‘‘non-
accountable. slaughter of livestock, the Secretary of employees.’’
DATES: Comments must be received by Agriculture will assign inspectors to On January 21, 2015, FSIS received a
November 25, 2016. FSIS will examine and inspect the methods by petition from an attorney on behalf of an
implement the actions discussed in this which livestock are slaughtered and official swine slaughter establishment
document on January 24, 2017, unless handled in connection with slaughter in requesting that FSIS review its humane
FSIS receives comments that slaughtering establishments subject to handling enforcement policy (available
demonstrate a need to revise this date. inspection under the FMIA (21 U.S.C. on the FSIS Web page at http://
FSIS will publish a Federal Register 603(b)). The Humane Methods of www.fsis.usda.gov/wps/wcm/connect/
document affirming the implementation Slaughter Act (HMSA) (7 U.S.C. 1901 et 4d9160de-a7a1-4fd9-88ff-e3b24bf8d1e9/
date. seq.) requires that the slaughter of 15-03-Non-Employee-Humane-
Lhorne on DSK30JT082PROD with RULES

ADDRESSES: FSIS invites interested livestock and the handling of livestock Handling.pdf?MOD=AJPERES). The
persons to submit comments on this in connection with slaughter be carried petition stated that official
notice. Comments may be submitted by out only by humane methods (7 U.S.C. establishments should not be held
either of the following methods: 1901). Therefore, FSIS requires official accountable when non-employees
Federal eRulemaking Portal: This establishments to humanely handle inhumanely handle livestock on the
Web site provides the ability to type livestock that are on the official official establishment premises. FSIS

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Document Created: 2016-10-26 02:17:15
Document Modified: 2016-10-26 02:17:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		Effective October 26, 2016.
Contact		Dr. Jack Taniewski, Director for Animal Export, National Import Export Services, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 851-3300.
FR Citation		81 FR 74279
RIN Number		0579-AE00
CFR Associated		Animal Diseases; Animal Welfare; Exports; Livestock; Reporting and Recordkeeping Requirements and Transportation

81 FR 74279 - Exportation of Live Animals, Hatching Eggs, and Animal Germplasm From the United States

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 207 (October 26, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service