Elimination of the Voluntary Trichinae Certification Program

Cited as86 FR 12293
CourtAgriculture Department, Animal And Plant Health Inspection Service
Publication Date03 Mar 2021
Record Number2021-03772
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
Proposed Rules Federal Register
Vol. 86, No. 40
Wednesday, March 3, 2021
To view the final rule and supporting
documents, go to http://www.regulations.gov/
Animal and Plant Health Inspection
9 CFR Part 149
[Docket No. APHIS–2020–0065]
RIN 0579–AE59
Elimination of the Voluntary Trichinae
Certification Program
: Animal and Plant Health
Inspection Service, USDA.
: Proposed rule.
: We are proposing to eliminate
the Animal and Plant Health Inspection
Service (APHIS) Voluntary Trichinae
Certification Program and remove the
regulations associated with the program.
This action would also notify the public
that APHIS will no longer maintain any
activity associated with the program,
such as training for qualified accredited
veterinarians, on-farm audits, or any
other administrative process associated
with program maintenance and support.
We are proposing to eliminate the
program because it generates little
producer participation. This action
would allow APHIS to direct APHIS
resources to areas of greater need.
: We will consider all comments
that we receive on or before May 3,
: You may submit comments
by either of the following methods:
Federal eRulemaking Portal: Go to
www.regulations.gov. Enter APHIS–
2020–0065 in the Search field. Select
the Documents tab, then select the
Comment button in the list of
Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2020–0065, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at regulations.gov or in
our reading room, which is located in
Room 1620 of the USDA South
Building, 14th Street and Independence
Avenue SW, Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
: Dr.
´a Celia Antognoli, Swine Health
Senior Staff Officer, Aquaculture,
Swine, Equine and Poultry Health
Center, Strategy and Policy, VS, APHIS,
2150 Centre Ave., Bldg. B, Fort Collins,
CO 80526–8117; (970) 494–7304;
Trichinella are parasitic nematodes
(roundworms) that are found in many
warm-blooded carnivores and
omnivores, including swine. There are
eight known species of Trichinella
nematodes: Trichinella britovi,
Trichinella murrelli, Trichinella nativa,
Trichinella nelsoni, Trichinella papuae,
Trichinella pseudospiralis, Trichinella
spiralis, and Trichinella zimbabwensis.
Trichinae is a generic term that refers to
all species of Trichinella.
In a final rule
published in the
Federal Register on October 10, 2008
(73 FR 60463–60488; Docket No.
APHIS–2006–0089), we established
regulations for the Voluntary Trichinae
Certification Program by adding 9 CFR
part 149. These regulations provide for
the certification of pork production sites
that follow certain prescribed
management practices that reduce,
eliminate, or avoid the risk of exposure
of swine to Trichinella spp.
Participation in the program is
voluntary. As stated in § 149.2, a
producer’s initial enrollment and
continued participation in the Trichinae
Certification Program requires that the
producer adhere to all of the good
production practices set out in the
regulations, as confirmed by periodic
site audits, and comply with other
recordkeeping and program
requirements provided in part 149.
Producer participation in this
voluntary program has decreased since
the program began. Only two producers
re-enrolled in the past 3 years. The lack
of producer interest and involvement
has become problematic for a number of
reasons. Maintaining the program places
demands on limited Animal and Plant
Health Inspection Service (APHIS)
funding and human resources that could
be better directed elsewhere. In
addition, the existence of a program that
producers have little interest in has had
trade implications. Trading partners
have questioned our ability to certify
freedom of trichinae in exported
products, given that the vast majority of
the products are not produced under the
auspices of the Trichinae Certification
We are therefore proposing to
eliminate the program by removing part
149 from the regulations. Eliminating
this program should benefit the swine
industry by reducing possible confusion
about the trichinae-free status of
exported products. APHIS would also
no longer incur the costs associated
with program administration and
payments to auditors.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed 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.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. Copies of the full
analysis are available by contacting the
person listed under
or on the
Regulations.gov website (see
above for instructions for accessing
APHIS is proposing to eliminate the
Voluntary Trichinae Certification
Program and remove its associated
regulations from title 9 of the Code of
Federal Regulations.
Producer participation in the
Voluntary Trichinae Certification
program has decreased significantly
since this voluntary program began in
2007. Only two producers with 23 audit
sites re-enrolled in the past 3 years.
Continuation of the voluntary program,
given the lack of producer participation,
is difficult to justify. Furthermore, a
voluntary certification program that
does not attract producer participation
could negatively affect APHIS’ and the
pork industry’s credibility, especially
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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules
during trade negotiations. Minimal
program participation can lead trading
partners to question APHIS’ ability to
certify exported products as trichinae-
free, even though certification is not a
requirement for U.S. pork exportation.
Preserving APHIS’ credibility is
crucial in supporting the U.S. pork
industry and its exports, which have
increased substantially in recent years.
Since 2007, U.S. pork exports have more
than doubled in value (110 percent
increase) and in quantity (109 percent
The Small Business Administration
(SBA) small business size standard for
hog and pig farming is annual revenue
of not more than $1 million. According
to the 2017 Agricultural Census, 64,871
hog and pig farms sold over 235 million
hogs and pigs with total sales of $26.3
billion in 2017. Average annual sales
per farm was 3,267 head valued at
$404,907, well below the SBA small-
entity standard.
When the census data are divided into
two categories—the largest producers,
with 5,000 or more hogs and pigs sold,
and the remaining farms—the
prevalence of small-scale producers
becomes clear. Farms with fewer than
5,000 hogs and pigs sold accounted for
57,084 farms (88 percent of the total).
However, the number and value of hogs
and pigs sold by these farms, 15,157,702
head valued at $2.4 billion, represent
only 6 percent and 9 percent,
respectively, of total sales. The average
number and value of hogs and pigs sold
per farm in 2017 by these smaller farms
was 266 head valued at $42,078.
Clearly, hog and pig farms are
predominantly small.
Because the Voluntary Trichinae
Certification Program did not progress
beyond the pilot stage, the participating
producers have not borne program costs.
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
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 2 CFR
chapter IV.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) State and local laws and
regulations will not 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
This proposed rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and will reduce those currently
approved by the Office of Management
and Budget under control number 0579–
List of Subjects in 9 CFR Part 149
Animal diseases, Laboratories, Meat
and meat products, Meat inspection,
Reporting and recordkeeping
requirements, Swine.
Accordingly, for the reasons stated in
the preamble, and under the authority of
7 U.S.C. 8301 et seq., the Animal and
Plant Health Inspection Service is
proposing to amend 9 CFR chapter I by
removing part 149.
Done in Washington, DC, this 18th day of
February, 2021.
Michael Watson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2021–03772 Filed 3–2–21; 8:45 am]
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0126; Project
Identifier MCAI–2020–00266–R]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH (AHD)
: Federal Aviation
Administration (FAA), DOT.
: Notice of proposed rulemaking
: The FAA proposes to adopt a
new airworthiness directive (AD) for
Airbus Helicopters Deutschland GmbH
(AHD) Model MBB–BK 117 D–2
helicopters. This proposed AD was
prompted by a report of a broken
Titanium (Ti) bolt. This proposed AD
would require removing certain Ti-bolts
from service and prohibit installing
these Ti-bolts in a critical area. The FAA
is proposing this AD to address the
unsafe condition on these products.
: The FAA must receive comments
on this proposed AD by April 19, 2021.
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493–2251.
Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
Hand Delivery: Deliver to Mail
address between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
For service information identified in
this NPRM, contact Airbus Helicopters,
2701 N Forum Drive, Grand Prairie, TX
75052; telephone (972) 641–0000 or
(800) 232–0323; fax (972) 641–3775; or
at https://www.airbus.com/helicopters/
services/technical-support.html. You
may view the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call (817) 222–5110.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0126; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, the European Union Aviation
Safety Agency (EASA) AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
: Matt
Fuller, AD Program Manager, General
Aviation & Rotorcraft Unit,
Airworthiness Products Section,
Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
. Include ‘‘Docket No.
FAA–2021–0126; Project Identifier
MCAI–2020–00266–R’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
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