[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Rules and Regulations]
[Pages 50877-50878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20116]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2007-0141]


Importation of Horses, Ruminants, Swine, and Dogs; Remove Panama 
From Lists of Regions Where Screwworm Is Considered To Exist

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations regarding the importation of 
live horses, ruminants, swine, and dogs by removing Panama from the 
lists of regions where screwworm is considered to exist. We are taking 
this action because the eradication of screwworm from Panama has been 
confirmed. This action will relieve certain screwworm-related 
certification and inspection requirements for live animals imported 
into the United States from Panama.

DATES: Effective Date: September 29, 2008.

FOR FURTHER INFORMATION CONTACT: Dr. Julia Punderson, Regionalization 
Evaluation Services--Import, Sanitary Trade Issues Team, National 
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, 
Riverdale, MD 20737-1231; (301) 734-0757.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations), prohibit or restrict the importation of certain animals 
into the United States to prevent the introduction of pests and 
diseases of livestock and poultry, including New World screwworm 
(Cochliomyia hominivorax).
    Screwworm, a pest native to tropical areas and currently found in 
South America and the Caribbean, causes extensive damage to livestock 
and other warm-blooded animals. Subparts C, D, E, and F of the 
regulations govern the importation of horses, ruminants, swine, and 
dogs, respectively, and include provisions for the inspection and 
treatment of these animals if imported from any region of the world 
where screwworm is considered to exist. Sections 93.301, 93.405, 
93.505, and 93.600 list all the regions of the world where screwworm is 
considered to exist.
    On May 16, 2008, we published in the Federal Register (73 FR 28382-
28385, Docket No. APHIS-2007-0141) a proposal \1\ to amend the 
regulations regarding live horses, ruminants, swine, and dogs by 
removing Panama from the lists of regions where screwworm is considered 
to exist in Sec. Sec.  93.301, 93.405, 93.505, and 93.600.
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    \1\ To view the proposed rule and the comment we received, go to 
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0141.
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    We solicited comments concerning our proposal for 60 days ending 
July 15, 2008. We received one comment by that

[[Page 50878]]

date, from a private citizen. The comment did not address the removal 
of Panama from the list of regions where screwworm is considered to 
exist.
    Therefore, for the reasons given in the proposed rule, we are 
adopting the proposed rule as a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This final rule amends the regulations regarding the importation of 
live horses, ruminants, swine, and dogs by removing Panama from the 
lists of regions where screwworm is considered to exist. We are taking 
this action because the eradication of screwworm from Panama has been 
confirmed. This action will relieve certain screwworm-related 
certification and inspection requirements for live animals imported 
into the United States from Panama.
    No significant change in program operations is anticipated as a 
result of this rule, nor will this action affect other Federal 
agencies, State governments, or local governments. The cost of all 
technical support activities, including establishment of animal 
quarantine control measures, treatment stations, maintenance of 
livestock census, screwworm surveillance, establishment and maintenance 
of laboratory support, and aerial dispersion of sterile screwworm flies 
in Panama is provided by the Commission for the Eradication and 
Prevention of Screwworm and the cooperative agreement funded by the 
U.S. Department of Agriculture and Panama's Ministry of Agriculture and 
Livestock Development. When importing live animals from a region where 
screwworm is considered to exist, the cost of any required testing (and 
treatment, if needed) is paid by the owner of the animals being 
shipped. Our removal of Panama from the list of regions where screwworm 
is considered to exist will reduce the cost for producers and others in 
Panama to export ruminants, swine, horses, and dogs to the United 
States.
    The economic effects associated with this rule are likely to be 
limited. This is because the number of live animals exported into the 
United States from Panama is likely to remain small. Trade statistics 
indicate that since 2001, the United States has not imported any 
ruminants, swine, or dogs from Panama. Equine imports from Panama over 
this period have numbered only 163, which is approximately 0.06 percent 
of all horse imports.\2\
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    \2\ Based on U.S. Census Bureau data, as presented by Foreign 
Agricultural Service, USDA: http//www.fas.usda.gov/ustrade/
USTImHS10.asp?QI=onhline_trade_dataTRAD.
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    According to Small Business Administration size standards for beef 
cattle ranching and farming (North American Industry Classification 
System (NAICS) 112111), dairy cattle and milk production (NAICS 
112120), hog and pig farming (NAICS 112210), sheep farming (NAICS 
112410), goat farming (NAICS 112420),\3\ and horse and other equine 
production (NAICS 112920), as well as the commercial production of 
dogs, which is classified under ``all other animal production'' (NAICS 
112990), operations with not more than $750,000 in annual sales are 
considered small entities. We do not expect that these producers, small 
or otherwise, will be affected significantly by the change in Panama's 
screwworm status. This is because, for the reasons discussed above, 
live ruminants, swine, horses, and dogs from Panama do not play much, 
if any, of a role in their operations, and few susceptible live animals 
are expected to be exported.
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    \3\ The ``all other animal production'' classification also 
includes the production of other animals, such as adornment birds 
(swans, peacocks, flamingos), alpacas, birds for sale, buffalos, 
cats, crickets, deer, elk, laboratory animals, llamas, rattlesnakes, 
worms, and breeding of pets.
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    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 12988

    This final 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 new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

0
Accordingly, we are amending 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  93.301  [Amended]

0
2. In Sec.  93.301, paragraph (j) is amended by removing the word 
``Panama,''.


Sec.  93.405  [Amended]

0
3. In Sec.  93.405, paragraph (a)(3) is amended by removing the word 
``Panama,''.


Sec.  93.505  [Amended]

0
4. In Sec.  93.505, paragraph (b) is amended by removing the word 
``Panama,''.


Sec.  93.600  [Amended]

0
5. In Sec.  93.600, paragraph (a) is amended by removing the word 
``Panama,''.

    Done in Washington, DC, this 25th day of August 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-20116 Filed 8-28-08; 8:45 am]
BILLING CODE 3410-34-P