[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Rules and Regulations]
[Pages 56000-56026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28473]
[[Page 55999]]
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Part IV
Department of Agriculture
_______________________________________________________________________
Animal and Plant Health Inspection Service
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9 CFR Parts 92, 93, 94, 95, 96, 97, 98, and 130
Importation of Animals and Animal Products; APHIS Policy Regarding
Importation of Animals and Animal Products; Final Rule and Notice
Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 /
Rules and Regulations
[[Page 56000]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 92, 93, 94, 95, 96, 97, 98, and 130
[Docket No. 94-106-9]
RIN 0579-AA71
Importation of Animals and Animal Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are establishing procedures for recognizing regions, rather
than only countries, for the purpose of the importation of animals and
animal products into the United States. We are also establishing
procedures by which regions may request permission to export animals
and animal products to the United States under specified conditions,
based on the regions' disease status. These changes to the regulations
are in accordance with international trade agreements entered into by
the United States. We are also allowing, under certain conditions, the
unloading and reloading at the port of arrival of meat and other animal
products otherwise prohibited entry into the United States. This change
is warranted because it removes unnecessary restrictions on the
transiting of meat and other animal products through the United States,
without increasing the likelihood that the meat or other products will
introduce diseases of livestock or poultry. Additionally, we are
removing the requirement that cattle from Canada be tested for
brucellosis before being imported into the United States. This change
is warranted because the risk that cattle imported from Canada will be
infected with brucellosis is slight. We are also making other minor
changes in our requirements for importing animals and animal products
that will relieve some import restrictions while continuing to protect
U.S. livestock and poultry from foreign animal diseases.
EFFECTIVE DATE: November 28, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231, (301) 734-8590.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service (APHIS), United
States Department of Agriculture (USDA), has promulgated regulations
regarding the importation of animals and animal products in order to
guard against the introduction into the United States of animal
diseases not currently present or prevalent in this country. These
regulations are set forth in the Code of Federal Regulations (CFR),
title 9, chapter 1.
On April 18, 1996, we published in the Federal Register (61 FR
16978-17105, Docket No. 94-106-1) a proposed rule to revise the
regulations in six different parts of 9 CFR, chapter I, to establish
importation criteria for ruminants and swine, and their products, based
on the level of disease risk in specified geographical regions.
We solicited comments concerning our proposal for 90 days ending
July 17, 1996. During the comment period, several commenters requested
that we extend the period during which we would accept comments. In
response to these requests, on July 11, 1996, we published in the
Federal Register a notice that we would consider comments on the
proposed rule for an additional 60 days ending September 16, 1996 (61
FR 36520, Docket No. 94-106-4). During the comment period, we conducted
four public hearings at which we accepted oral and written comments
from the public. These public hearings were held in Riverdale, MD;
Atlanta, GA; Kansas City, MO; and Denver, CO.
We received 113 comments on the proposed rule on or before
September 16, 1996. These comments came from representatives of State
and foreign governments, international economic and political
organizations, veterinary associations, State departments of
agriculture, livestock industry associations and other agricultural
organizations, importing and exporting associations, members of
academia and the research community, brokerage firms, exhibitors,
animal welfare organizations, and other members of the public.
Based on our evaluation of the information submitted by commenters,
we are making changes to the proposed rule in this final rule. We
discuss below the issues raised by commenters and the changes we are
making to the rule as proposed.
What We Proposed
Broadly speaking, in the proposed rule, we set forth the following
items regarding the importation of ruminants and swine, and their
products:
A list of restricted disease agents, including restricted
disease vectors;
Criteria for identifying regions;
Criteria for classifying regions as to level of risk for
specific disease agents;
Procedures for applying for risk classification;
Risk classifications for individual countries and other
regions;
Import conditions applicable to particular commodities
from particular regions, based on the risk posed by specific diseases;
and
Changes in terminology throughout the ruminant and swine
and ruminant and swine product import regulations to refer to
``regions'' rather than to countries.
We proposed to classify all countries of the world into one of six
categories for each restricted disease agent. The six risk categories
ranged from Risk Class RN (negligible risk), to Risk Class R1 (slight
risk), Risk Class R2 (low risk), Risk Class R3 (moderate risk), Risk
Class R4 (high risk), and Risk Class RU (unknown risk). We used what we
termed ``qualitative criteria'' to assign risk categories--i.e., we
examined certain pre-assigned criteria to determine what level of risk
the importation of ruminants, swine, or their products from a
particular region would present for a particular disease if no
restrictions were placed on the importations. We also proposed, as an
alternative to qualitative risk assessment, to allow potential
exporting regions to demonstrate by means of a ``quantitative'' risk
assessment that they should be assigned to a particular risk category
because of a demonstrated quantitative risk of disease introduction due
to unrestricted importation from that region.
Once we proposed to classify all countries of the world for each
restricted disease agent (although the proposal allowed for regional
status, in all cases but one we classified only countries, pending
future requests for specific regions), we set forth the conditions each
region assigned to a particular risk category would have to meet in
order to import ruminants, swine, or their products into the United
States. Under our proposal, all regions assigned to the same risk
category for a particular disease and commodity would have been subject
to the same import conditions.
Public Involvement in the Rulemaking Process
A number of commenters requested that we extend the comment period
during which comments would be accepted on the proposed rule. As noted
above, we extended the initial 90-day comment period by 60 days to
accommodate commenter requests. In addition, we accepted public comment
[[Page 56001]]
at four public hearings held in different areas of the United States.
Therefore, we believe the public was given adequate time to comment on
the proposed rule.
Some commenters recommended that the proposed rule be withdrawn,
and a revised proposal be published following review and revision in
consultation with groups outside the Animal and Plant Health Inspection
Service (APHIS). Other commenters requested that APHIS hold meetings to
explain the science that went into the proposal's development. Several
commenter's recommended that the regulations provide for an open public
hearing process to allow U.S. producers the opportunity to evaluate how
APHIS will determine risk levels and the status of foreign animal
health programs. One commenter recommended that APHIS take into account
evaluations conducted by other countries, the International Office of
Epizootics (OIE), and the European Union (EU). We believe that each of
these requests for more public involvement in the process of
regionalization and risk assessment is addressed by the changes we are
making to the final rule, and by the policy we intend to follow
regarding requests for regionalization. We discuss these rule changes
and policy in this Supplementary Information below, under the heading
``APHIS Response to General Concerns.'' General Concerns with APHIS'
Proposed Approach to Regionalization and Risk Assessment .
Although the proposal generated significant support from the public
for the concepts of regionalization and levels of risk, a number of
commenters expressed concern with the approach we proposed to take to
implement those concepts.
The commenters who objected to our proposed approach focused on two
broad areas: (1) The criteria, procedures, and risk classifications we
proposed in assigning regions to one of the six risk categories; and
(2) the conditions regions would have to meet, based on their risk
classification, in order to export specific commodities. We discuss
below first the broad objections to our proposed method of classifying
regions, then the broad objections to the system of conditions that we
proposed to apply to importations.
Concerns Regarding Risk Classification Approach
A number of commenters stated that the proposed rule would not be
``transparent'' to U.S. producers and to our trading partners, and that
its complexity would cause it to be ineffective. These commenters
expressed concern that the proposed six categories of risk would be too
many to administer effectively. Some commenters recommended that APHIS
simply amend the current import requirements to allow for recognition
of regions, without incorporating provisions for classification by risk
level.
A number of commenters stated that the use of scientific criteria
is not evident in the proposed risk classifications of various
countries/regions. Some commenters stated that the proposed regulations
lacked transparency as to how evaluations of regions based on the
qualitative risk criteria would be done. Other commenters stated that
the risk categories did not take into account factors such as mode of
transmission, economic consequences, zoonosis, and clustering of
infected populations.
Some commenters questioned the validity of using arbitrarily
selected prevalence thresholds for assigning risk categories. Some
commenters questioned how what they termed ``information uncertainty''
would be dealt with.
A number of commenters stated that application for recognition of
risk classification would demand an exhaustive process. Other
commenters expressed concern that outbreaks of disease in restricted
areas may not be readily regionalized.
Concerns Regarding Proposed Import Conditions Based on Risk
Classifications
Some commenters objected to the specificity of the proposed import
conditions, stating that the World Trade Organization Agreement on the
Application of Sanitary and Phytosanitary Measures (WTO-SPS) states
that a country must accept the sanitary measures imposed by other
members as equivalent measures, even when they differ from those in the
importing country, if the exporting member objectively demonstrates to
the importing member that its actions provide the health protection
required by the importing country. The commenters stated that the
proposed import conditions did not adhere to this requirement.
Some commenters expressed concern that what they viewed as the
``rigidity'' of the proposed provisions would result in unnecessary
difficulties in access to the U.S. market for commodities from
acceptable exporting regions.
APHIS Response to General Concerns
When we drafted the proposed rule, our overriding goal was to
create a mechanism for regionalized, risk-based import requirements,
consistent with the obligations of the WTO-SPS Agreement, that would
continue to protect livestock in the United States with the level of
security provided by the current regulations. The principles of the
WTO-SPS Agreement do require that SPS measures be equitably applied,
scientifically sound, guided by international standards, transparent,
taken in recognition that equal levels of risk mitigation can be
achieved by applying differing sanitary measures, risk-assessment
based, and applicable on a regional basis. If the principles of the
WTO-SPS Agreement are fulfilled without discrimination and unjustified
differences, nations may impose those sanitary requirements necessary
to protect their livestock, poultry, wildlife, and human populations
from disease.
We developed the proposed rule with the multiple aims of providing
for regionalization, recognizing gradations of risk, and making it
clear that we would impose identical import restrictions on regions
with identical risk situations. In order to give potential importers
advance notice of the type of import conditions they would face if they
intended to import ruminants or swine, or their products, we included
in the proposal a tentative risk classification for each country of the
world for each restricted disease agent. Where current regulations
existed regarding a particular country, commodity, and disease, our
general approach was to apply the same import conditions applicable
under the current regulations. Where the current regulations were
silent on a restricted disease agent, we either assigned a Risk Class
RU (unknown risk) classification to the country, or we tentatively
assigned the country a risk classification based on the literature and
other information available to us. The public was invited to comment on
the proposed risk classifications.
There are many possible ways to categorize the varying levels of
risk posed by different areas of the world for different diseases.
Levels of risk can be described by a minimal number of categories, as
under the current regulations (which recognize, generally, countries as
``free,'' ``free with restrictions (modified free),'' and ``not
free''), or by an expansive spectrum of levels that recognizes
extremely slight differences in risk among areas.
In developing the proposal, we arrived at the proposed number of
risk classifications after a review of the continuum of possible risks,
from negligible risk to unknown risk. One of the options we considered
was proposing fewer than six risk
[[Page 56002]]
classifications. The six classifications we did propose represented a
series of increasing risk situations, from what we considered to be a
negligible risk, to slight risk, low risk, moderate risk, high risk,
and unknown risk. It would have been possible to broadly divide the
risk categories into ``low risk'' (to include the proposed
classifications of negligible risk, slight risk, and low risk), ``high
risk'' (to include the proposed classifications of moderate risk and
high risk), and ``unknown risk.'' However, we rejected a three-category
option, for the following reasons. First, under such an option, the
``high risk'' classification would not differentiate between a region
affected with a high prevalence of a disease and a region that is
affected with the disease but that has a strong control program and a
low prevalence of infection. Grouping the classifications of moderate
and high risk together would not have allowed for importations from
regions that are at a low-prevalence level and are likely to remain so.
The three proposed risk classifications that could have been
broadly grouped under ``low risk'' are also distinguishable. Of the
countries considered ``free'' of certain diseases under the current
regulations, some are subject to additional restrictions because they
either supplement their national meat supply with fresh (chilled or
frozen) meat from countries affected diseases of concern, share a
common border with such countries, or have trading practices less
restrictive than what we consider acceptable to prevent the
introduction of such animal diseases.
Under the current regulations, APHIS does not recognize a country
as free of certain diseases if that country carries out vaccination for
those diseases. However, the OIE International Animal Health Code
(Code) recognizes a category of ``free with vaccination.'' To achieve
equivalency with the OIE Code, we proposed a ``free with vaccination''
(low risk) classification.
Therefore, we considered it appropriate to propose classifications
of regions ``free'' of specific diseases that ranged, in ascending
order of risk, from (1) those where the disease is deemed never to have
existed or is deemed to have been eradicated, to (2) those that have
had a sufficient period of absence of the disease, but present some
risk due to trade or adjacency with affected regions, to (3) those that
are recently free of a disease, with some risk of residual infection.
We considered the number of risk categories we proposed to be small
enough to be manageable, but broad enough to recognize differences in
risk discernible on a practical level.
We continue to believe that the number of risk categories we
proposed represent a functional approach to characterizing risk.
However, after evaluating the practical implications of the proposed
regulations based on information submitted by commenters, we have
reassessed the benefits of applying the exact same pre-assigned import
conditions to all regions grouped in the same risk classification. We
have determined that what is gained by making it clear to a region from
the outset what it must do to export a particular commodity to the
United States is outweighed by a loss of flexibility in customizing
import conditions to the particular situation of each region. Further,
based on commenter responses to our tentative proposed classification
of regions, we believe our characterization of the risk level of a
region and the assigned import conditions can be most appropriately
determined after the region itself has submitted sufficient data to
APHIS to allow us to conduct an assessment of the risk presented by
potential imports from the region.
Therefore, in this document we are not making final the system we
proposed that would have applied the same import restrictions to each
region assigned to one of six risk categories. Instead, as proposed and
in accordance with the trade agreements entered into by the United
States, we are amending the current regulations to provide for
recognition of regions, rather than only countries, for the purpose of
importation of animals and animal products. In Sec. 92.1 of this rule,
we provide that a region may consist of any of the following:
A national entity (country);
Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.);
Parts of several national entities combined into an area;
or
A group of national entities (countries) combined into a
single area.
In a companion document we are publishing in this issue of the
Federal Register (APHIS Docket No. 94-106-8, ``APHIS Policy Regarding
Importation of Animals and Animal Products''), we give notice of the
policy we will follow in recognizing regions, assessing the risk
presented by potential imports from a region, and determining
appropriate import conditions. Our policy will be to determine on a
case-by-case basis what import conditions will reduce the risk
associated with importations from a particular region to a negligible
level. Because levels of risk exist upon a continuum, instead of pre-
assigning import conditions based on risk classifications, we will, as
a policy, use risk categories as benchmarks to assist regions in
evaluating where they can expect to fall on a spectrum of risk levels
and what general import conditions may apply.
Reformatting of Current Regulations
In this final rule, we are setting forth the procedures for
requesting recognition of a region and for requesting that APHIS assess
the risk presented by a particular commodity from a recognized region
and establish appropriate import conditions. In order to accommodate
these procedures in 9 CFR, chapter I, we are moving the provisions of
current part 92, ``Importation of Certain Animals, Birds, and Poultry,
and Certain Animal, Bird, and Poultry Products; Requirements for Means
of Conveyance and Shipping Containers,'' to part 93, and are setting
forth the procedures for requesting regionalization and risk assessment
in the vacated part 92. The provisions in current part 93 regarding the
importation of elephants, hippopotami, rhinoceroses, and tapirs, are
redesignated as Secs. 93.800 through 93.807.
Procedures for Requesting Recognition of Regions and Risk
Assessment
As set forth in Sec. 92.2 of this final rule, we will, in general,
process applications for regionalization and risk assessment according
to the following procedures.
The official of the national government of any country who has the
authority in that country to request such a change may submit a request
to the Administrator that all or part of the country be recognized as a
region, be included within an adjacent previously recognized region, or
be made part of a region larger than the country.
Each request for approval to export a particular type of animal or
animal product commodity to the United States from a foreign region
must be made to the Administrator, and must include, in English, the
following information about the region:
1. The authority, organization, and infrastructure of the
veterinary services organization in the region.
2. Disease status--i.e., is the restricted disease agent known to
exist in the region? If ``yes,'' at what prevalence? If ``no,'' when
was the most recent diagnosis?
3. The status of adjacent regions with respect to the agent.
4. The extent of an active disease control program, if any, if the
agent is known to exist in the region.
[[Page 56003]]
5. The vaccination status of the region. When was the last
vaccination? What is the extent of vaccination if it is currently used,
and what vaccine is being used?
6. The degree to which the region is separated from regions of
higher risk through physical or other barriers.
7. The extent to which movement of animals and animal products is
controlled from regions of higher risk, and the level of biosecurity
regarding such movements.
8. Livestock demographics and marketing practices in the region.
9. The type and extent of disease surveillance in the region--e.g.,
is it passive and/or active; what is the quantity and quality of
sampling and testing?
10. Diagnostic laboratory capabilities.
11. Policies and infrastructure for animal disease control in the
region--i.e., emergency response capacity.
The above information will be made available to the public prior to
our initiating any rulemaking action on the request.
Once we have received from a potential exporting region the
information necessary to conduct a risk assessment, and have evaluated
the risk, we will determine under what conditions an importation can be
safely allowed. If we believe the importation can be safely allowed, we
will propose in the Federal Register to allow such importations, and
the conditions under which the importations would be allowed, along
with a discussion of the basis for our proposal. We will then provide a
period of time during which the public may comment on our proposal.
During the comment period, the public will have access, both in hard
copy and electronically, to the information upon which we based our
risk analysis, as well as to our methodology in conducting the
analysis. Once we have reviewed all comments received, we will make a
final decision about whether and under what conditions the requested
importation may be allowed. If our decision is to allow the
importation, we will publish the conditions for importation in a final
rule in the Federal Register.
Recent rulemakings have provided examples of how the regulations
may be amended under the provisions of this final rule. On May 9, 1997,
we published in the Federal Register a final rule (62 FR 25439-25443,
Docket No. 94-106-6) to allow, under certain conditions, the
importation of fresh (chilled or frozen) pork from the State of Sonora,
Mexico. On June 26, 1997, we published in the Federal Register a final
rule (62 FR 34385-34394, Docket No. 94-106-5), amended for
clarification on August 11, 1997 (62 FR 42899-42900, Docket No. 94-106-
7), allowing, under specified conditions, the importation of fresh
(chilled or frozen) beef from Argentina, where vaccination for foot-
and-mouth disease is still carried out. Although that final rule
applied to an entire country, it exemplified the opportunity for a
foreign region to request of APHIS an assessment of whether specific
import conditions can bring the risk of importation of animals or
animal products from that region to a negligible level. As noted above,
our policy for assessing risk is outlined in a policy statement we are
publishing elsewhere in this issue of the Federal Register.
Additionally, on June 12, 1997, we published in the Federal Register a
proposal (62 FR 32051-32053, Docket No. 97-002-1) to regionalize Italy
by considering all of Italy except the island of Sardinia free of
African swine fever.
As stated above, this final rule allows for the recognition of
regions with regard to the importation of animals and animal products.
As defined in this final rule, a region need not be an entire, single
national entity (country), though it can be. Until we receive requests
for regionalization on a case-by-case basis under the provisions of
this final rule, we will continue to apply the current regulations to
the importation of animals and animal products from foreign countries.
Scope of This Final Rule
In response to our proposed rule, several commenters objected to
the fact that the proposed provisions applied only to ruminants and
swine, and their products. The commenters recommended that the concept
of regionalization also be applied to other animals governed by the
regulations, including poultry and equine species.
In the Supplementary Information section of our proposed rule, we
stated that it was our intent to extend, in the future, the
regionalized, risk class approach to the importation of all animals and
animal products that are subject to the import regulations in 9 CFR,
chapter I. We limited the scope of the proposal to ruminants and swine
in the interests of timeliness--i.e., the fact that our proposed
approach involved rewriting large parts of 9 CFR part 92 made it
advisable to finalize the regionalization changes in several stages.
However, the approach we are taking in this final rule involves
significantly less rewriting of the current regulations than did the
approach set forth in our proposed rule. Because the principles and
procedures regarding regionalization and risk assessment that are
applicable to the importation of ruminants and swine, and their
products, are equally applicable to the importation of other animal
species governed by the regulations, we consider it appropriate to
extend the principles of regionalization in this final rule to all
animals and animal products subject to the import regulations in 9 CFR,
chapter I, including poultry, birds, and equines.
Concerns that Regionalization Will Increase the Risk of Disease
Introduction
Some commenters expressed general concern that the provisions we
proposed for regionalization and levels of risk would increase the risk
of animal diseases being introduced into the United States. Other
commenters expressed particular concern about the possibility of the
introduction into the United States of emerging diseases, such as
bovine spongiform encephalopathy (BSE). We are acutely aware of the
concern of the U.S. public that livestock in this country continue to
be protected from disease introduction. As noted above, until APHIS
receives a request for regionalization, the imports into the United
States will continue to be governed by the current regulations. When
requests for regionalization are received, APHIS will evaluate them on
a case-by-case basis, and determine what, if any, import conditions can
bring the disease risk presented by the imports to a negligible level.
Throughout the process of analyzing any request for regionalization,
APHIS will provide the public the opportunity to evaluate the
information the region has submitted to APHIS in requesting
regionalization. The public will then be given a formal opportunity to
comment on the proposed action. No request for regionalization will be
made final until APHIS has taken into consideration all comments
submitted by the public during the comment period.
Several commenters stated that attention needs to be paid to
identifying diseases that do not exist in the United States, but that
may put the livestock population at risk. The commenters stated that as
major diseases such as foot-and-mouth disease (FMD) or classical swine
fever (hog cholera) are confined to limited areas of countries, or are
eradicated, it will no longer be possible to rely on import
restrictions due to the presence of these diseases to guard against the
importation of other diseases of concern. Consequently, said the
commenters, it will become increasingly important for APHIS to have the
appropriate resources,
[[Page 56004]]
diagnostic capabilities, and expertise to determine what other diseases
are potential risks. The commenters cited examples of diseases of
potential concern. We agree with the commenters and concur that
changing disease and trade conditions require a broad view regarding
what diseases require regulation. We address this broadened concern in
our notice of policy regarding regionalization and risk assessment, set
forth elsewhere in this issue of the Federal Register.
Several commenters stated that the list of diseases of concern
should include all disease subject to a control or eradication program
in the United States. We share the commenters' view that import
restrictions should be in place to guard against the movement into this
country of diseases that currently exist in the United States but that
are subject to a domestic control or eradication program. These
diseases of concern are addressed by the current regulations and by the
policy statement we are publishing elsewhere in this issue of the
Federal Register.
Some commenters stated that a comprehensive emergency plan should
be in place prior to implementation of the revised regulations.
Currently, the Secretary of Agriculture has the authority to implement
necessary measures to control and eradicate animal disease in this
country. APHIS has had in place for a number of years resources and
procedures for responding to disease outbreaks on an emergency basis.
One commenter recommended that the regulations specifically state
that APHIS has the option to restrict imports because of new or
emerging diseases. We do not consider it necessary to include such a
statement in the regulations. For years, APHIS has enforced import
restrictions on new or emerging diseases, and we will continue to do
so.
Some commenters stated that the regulations should contain
provisions for relaxing emergency measures when they are no longer
warranted. Just as it does under the current regulations when a disease
risk has been eliminated, APHIS will take action through rulemaking,
subject to public comment, to relieve restrictions that no longer
appear warranted.
A number of commenters expressed concern that implementation of the
proposed regulations would represent a huge and costly workload for
APHIS, and that administrative problems in implementing the proposal
would create barriers to trade. The commenters stated that APHIS lacks
the budget and infrastructure to administer the proposal in a timely
manner consistent with sound animal health intervention and exclusion
strategies. Other commenters stated that the provisions of the proposed
rule were ill-equipped to deal with developing situations, that it will
be difficult for APHIS to maintain current information on countries'
importing practices, and that the information regarding risk
classification will always be months or years out of date. As an
alternative to the ``notice-and-comment'' procedures currently followed
by APHIS under the Administrative Procedure Act (APA) (5 U.S.C. 551 et
seq.), some commenters suggested that all regional disease
classifications and decisions be made available electronically, with
the CFR merely establishing authority to classify and methods to
classify and make changes. According to the commenters, requests for a
change in status could be updated by a press release available
electronically and comments could be solicited in like manner. Several
commenters recommended that the regulations allow the United States to
accept on a provisional basis new risk classifications established by
other countries, pending U.S. verification.
We believe that a number of the concerns raised by the commenters
are addressed by the changes we are making to the proposal in this
final rule. As noted above, we will continue to apply the current
regulations until we receive requests for regionalization. We are not
making final our proposed system of assigning each foreign region to
one of six risk classifications. Under this final rule, we will not
attempt to assess the risk of importations from a region until the
region itself has provided all of the information necessary for
conducting such an assessment, although we will take into account any
information available to us from other sources.
Because this final rule provides options not available under the
current regulations, APHIS recognizes that, especially initially, it
will face an increased workload when this rule is made effective. A
major impetus to the publication of this final regulation is the U.S.
commitment under the North American Free Trade Agreement and the WTO-
SPS Agreement. As a signatory of these agreements, the United States
has agreed to accept the principle of regionalization and to allow the
importation of animals and animal products from regions of low disease
prevalence, subject to whatever mitigating measures are necessary to
safeguard livestock in the United States.
We are committed to implementing, where appropriate,
regionalization in individual cases as quickly as possible once we have
received and reviewed sufficient valid data from and about the
requesting region, and have conducted a risk assessment of the
importation requested. However, because of the potentially broad
interest regarding importations of animals and animal products, we
consider it necessary to ensure that all members of the public are made
aware of potential changes through rulemaking.
Under the APA, APHIS must, in most cases, provide public notice of
proposed changes to the regulations through publication of a proposed
rule in the Federal Register, and provide interested persons an
opportunity to participate in the rulemaking through submission of
written data, views, or arguments. Within these requirements, APHIS is
examining ways to streamline the review process, including the
development of a data-handling mechanism to receive and store
information related to animal health and veterinary infrastructure.
Additionally, APHIS plans to increase its resources in the area of risk
assessment. With regard to electronic notification of proposed
rulemaking, APHIS currently notifies the public electronically of
various actions taken by the Agency. However, Administrative Procedure
Act requirements for notice and comment rulemaking are not fulfilled
until the action is published in the Federal Register.
Recognition of Equivalency and Foreign Regionalization
One commenter recommended that the regulations allow the
Administrator of APHIS to enter into an agreement with a foreign
country to recognize the equivalency of that country's rules. We
consider the concept of equivalency to be provided for in this rule. It
allows the United States, based on information made available to it by
its trading partners and other sources, to identify, along with those
trading partners, specified risks from a region on a disease-by-disease
and commodity-by-commodity basis, and identify mutually agreeable risk
management measures to reduce risk to a negligible level. Equivalency
exists when countries agree that each others' risk management measures
are appropriate and when they identify commodities for which import
measures that may not be identical for the same commodity are needed to
address the differences in prevalence of restricted agents, geographic
or demographic factors, or animal health infrastructure.
It is the responsibility of the exporting region to demonstrate to
the importing country that the region meets standards
[[Page 56005]]
equivalent to the importing country's standards or other acceptable
standards. Certainly, in those cases where the United States and some
other country have historically developed animal health standards for
common diseases, there is no reason to expect that such interaction
will not continue.
Among the comments received was the recommendation that the United
States should recognize regions that are created and maintained up-to-
date by other bodies, such as the European Community (EC). The comment
stated that the EC has been divided into many regions for various
diseases and, because the areas are constantly achieving results in
disease eradication, the areas recognized by the EC as free are
constantly expanding. Because of this, the commenters expressed concern
that U.S. regulations would quickly become out of date. The commenters
recommended that a region be defined as the area recognized by the EC
as being free from a particular disease in accordance with accepted
criteria, pending U.S. examination of the matter.
As discussed above, our overriding goals in implementing
regionalization are to facilitate trade in accordance with
international agreements while maintaining the level of biosecurity
afforded by the current regulations. We believe the provisions of this
final rule, and our policy toward regionalization and risk assessment
published in this issue of the Federal Register, meet these dual goals.
As discussed above, however, APHIS rulemaking must be carried out in
accordance with the APA, with an opportunity provided for public
comment on changes to the regulations. At present, APHIS is developing
a proposal to recognize regions established by the EC with regard to
disease status, based on information submitted in a request by the EC.
Some commenters recommended that, to make the regulations more
transparent, procedures should be set forth for situations where there
are no specific requirements stated. As noted above, the companion
policy statement we are publishing in this issue of the Federal
Register outlines the procedures we intend to take in evaluating
requests for regionalization and importation of animals and animal
products. As we discussed, we will conduct such evaluations in a
transparent manner open to public review and comment.
Several commenters recommended that APHIS review what the
commenters referred to as internationally accepted guidelines for
regionalization, risk analysis, and risk assessment. The commenters
specifically referred to the following documents: (1) Cane, B.G., ``The
Concept of Regionalization in Establishing Disease-Free Areas,'' OIE
comprehensive reports on technical items presented to the international
committee or to regional commissions, 1994; (2) Kellar, J.A., ``The
Application of Risk Analysis to International Trade in Animals and
Animal Products,'' OIE comprehensive reports on technical items
presented to the international committee or to regional commissions,
1992; (3) Morley, R.S., Acree, J., Williams, S., ``Animal Import Risk
Analysis (AIRA): Harmonizing our Approach,'' OIE comprehensive reports
on technical items presented to the international committee or to
regional commissions, 1990-1991; and (4) ``OIE International Health
Code,'' Section 1.4, chapters 1.4.1-1.4.5, 1994 updates. In the process
of developing the proposed rule, APHIS reviewed all of the sources
cited. Wherever possible, concepts from these references were
incorporated into the proposal. We have also incorporated concepts from
these references into the policy on regionalization and risk assessment
we are giving notice of in this issue of the Federal Register.
Comments on Information Considered in Assessing Risk
Among the requirements set forth in the proposal for applying for
recognition of risk classification for a region was the requirement
that the Chief Veterinary Officer of the region submit to APHIS a
completed questionnaire relating to the specific disease in question.
Several commenters requested that this questionnaire be published in
the regulations. Several commenters asked for clarification of how the
United States would expect regions to demonstrate freedom from
restricted disease agents. One commenter requested that APHIS publish
the procedures it will use to communicate with nations so that
countries will have the opportunity to document their animal disease
situation in order to gain the appropriate classification. As stated
above, we are not making final our proposed system of risk
classification, but we are setting forth in Sec. 92.1 of the
regulations procedures for applying for regionalization, for assessment
of the risk presented by imports from a region, and for determination
of appropriate import conditions.
Some commenters stated that the proposed rule placed undue emphasis
on the influence that neighboring regions have on each other's disease
status. According to the commenters, although border controls are often
necessary, they are not as important in cases where the epidemiology of
disease agents, combined with differing husbandry factors, effectively
prevents establishment of a disease in a neighboring region. Although
we consider proximity between regions generally of importance with
regard to contagious diseases, we agree that in some cases the
proximity of one region to another is irrelevant because of varying
climatic or other ecological factors. This is true in the United States
with a disease such as bluetongue, which has never become established
in the northeastern part of the country due to ecological factors,
despite a lack of interstate movement controls. Given equivalent
factors, however, vector-borne diseases might readily move across
regional boundaries in spite of border controls. For this reason,
proximity to affected regions must be considered a factor in
determining disease risk, and is included in the information we are
requesting under this rule in applications for regionalization. Under
the approach we have adopted in this final rule and our policy toward
regionalization, proximity will be considered as a factor in assessing
the risk of disease introduction, but will not be given a predetermined
weight in the assessment process.
In related comments, some commenters stated that, because many
diseases listed on the OIE ``List B'' can easily be contained within a
herd or flock, the status of a contiguous region is not relevant for
many List B diseases in determining the risk class of the region under
consideration, particularly when effective border control barriers are
in place. As we stated above with regard to the issue of proximity, the
status of a contiguous region will be considered as a factor in
assessing the risk of disease introduction, but will not be given a
predetermined weight in the assessment process. As implied by the
commenters, the concern about contiguous regions is not necessarily
about the ability of the disease agent itself to be transmitted across
the border, but more so about the possibility of undeclared illegal
movements of infected animals or products, or the straying of loose
animals or carrier wildlife across the border. While effective border
controls are a crucial consideration in assessing the risk posed by
importations from a region, we do not consider them alone to be a
guarantee that the movement of disease from a contiguous region will be
eliminated.
One commenter expressed concern about what the commenter considered
a lack of specific criteria for how we
[[Page 56006]]
would evaluate the veterinary infrastructure in the exporting region.
We believe this issue relates to the information, discussed above, that
will be required regarding the authority, organization, and
infrastructure of the veterinary services in a region. We consider the
evaluation of infrastructure in any region to necessarily be somewhat
subjective. Until the OIE or some other organization develops an
objective measure of infrastructure, we believe the best way to
evaluate infrastructure is on a case-by-case basis, by means that, in
some cases, will include on-site visits.
Concerns Regarding the Effect of Regionalization on Wildlife
One commenter expressed concern about the potential effect of the
proposed risk classification system on wildlife. The commenter was
concerned that some countries might contain or eliminate wild animals
in order to ensure that there are no pockets of disease that might
prevent the countries from attaining a particular risk classification.
We consider the commenter's concerns to be addressed in large measure
by our decision not to make final the system of establishing a risk
classification system based on pre-defined criteria. However, each
country must make its own decisions concerning such matters. APHIS will
prepare an environmental assessment specific to the region in question
prior to promulgating a final rule to create a region.
Comments Addressing Specific Conditions for the Importation of Animals
Some commenters stated that, under the proposed regulations, cases
would arise where animals would be required to undergo quarantine
simply to eliminate the presence of a bacterial disease. According to
the commenters, in these cases, the full quarantine regimen should not
be necessary, and the regulations should allow for equivalent
alternative mitigating measures. The commenters suggested as
possibilities the conduct of additional tests in the country of origin,
followed by isolation and testing in the United States. It is not clear
to us from the comments whether the commenters are recommending
elimination of certain of the quarantine requirements in place under
the current regulations. Historically, we have found the post-
importation period of quarantine in the United States necessary as a
period for observing the imported animals for disease, and we do not
consider it advisable to eliminate these requirements at this time.
Several commenters stated that the proposed 15-day importation
quarantine period was insufficient to allow for incubation of diseases
of concern. It is not clear to us from the comments exactly which
proposed importation requirements the commenters are referring to in
each case. Under the current regulations, except for cattle from
Central America and the West Indies, which may be quarantined for 7
days under certain conditions, and except for cattle and certain other
ruminants from Canada and Mexico, all ruminants imported into the
United States must be quarantined for not less than 30 days from the
date of arrival at the port of entry. Under the current regulations,
swine must be quarantined for not less than 15 days from the date of
arrival at the port of entry. Based on our experience enforcing the
regulations, we consider these quarantine requirements adequate and are
retaining them in this final rule.
Several commenters expressed concern that transhipments of animals
and animal products through high risk areas could cause contamination
of the products or animals. Some commenters stated that developing
countries have insufficient resources to monitor many of the most
serious foreign animal diseases of concern. The commenters expressed
concern that, in many countries, the illegal movement of livestock from
higher-risk to lower-risk regions would be hard to detect, control, and
prevent. Each of these concerns focuses on two of the key factors on
which we will request information under the procedures for applying for
regionalization--border controls and the infrastructure necessary to
monitor and enforce the movement of animals and products from, into, or
through the region. We will be obliged to characterize a requesting
region a high risk or an unknown risk if the country in question lacks
the infrastructure, or does not have access to the resources necessary,
to enforce sanitary provisions that would support regionalization or to
monitor for animal diseases of concern to the United States.
A number of commenters expressed concern that imported animals may
serve as a source for emerging diseases or those of long incubation. To
facilitate tracking of animals, commenters recommended that a permanent
identification be placed on imported animals. We do not consider the
risk of disease introduction to be any greater under this final rule
than under the existing regulations. Under the current regulations, in
most cases we do not require either permanent identification of
imported animals or a permanent record of their final destination. The
feasibility of heightening identification and tracking of imported
animals is under review by APHIS. In the meantime, we support the
efforts of the livestock industry to develop a system of identification
that meets its needs.
Commenters argued both for and against including destination
factors in determining import conditions. Some commenters stated that
considering destination risk is required by the WTO-SPS agreement, and
that failure to consider destination risk makes it illogical for the
United States to impose post-importation conditions on animals and
animal products if those conditions do not also apply to native U.S.
animals. Commenters cited the need to assess the risk of animal
importations in which vector-borne disease agents represent hazards,
and, in particular, the duration of viraemia and competence of vectors.
The commenters also stated that factors to be considered should include
the exposure of domestic animals to infected products, modes of
transmission, and the amount of infectious agent present that is
sufficient to cause infection. Conversely, some commenters supported
the premise that any importation of a restricted agent is undesirable.
The general policy we have followed under the current regulations is to
require import conditions to reduce any risk of introduction of a
disease of concern at importation to a negligible level. We are
retaining this policy under this final rule.
Some commenters recommended that diagnostic tests approved by the
OIE automatically be approved, under the regulations, for use on
animals being imported. The commenters also stated that, to ensure
openness and consistency, any other tests that would be accepted be
published in the rule. Tests approved by the OIE would generally meet
the scientific validity requirements for an equivalent approved test.
However, we consider it necessary for the APHIS Administrator to have
the flexibility to not use any test if evidence shows that it is not
valid, even though it might currently be included in the OIE list of
approved tests. Also, the Administrator must have the flexibility to
use new tests when deemed appropriate, even if they have not been added
to the approved list for OIE. Therefore, we have decided not to publish
in the regulations a list of tests approved for use on animals imported
or to be imported into the United States.
Several commenters recommended that the maximum time allowed for
imported animals to be moved to
[[Page 56007]]
slaughter be reduced from 2 weeks to as little as 48 hours. The policy
of allowing up to 2 weeks for movement to slaughter is not new to the
proposed rule. It exists in and has been followed under the existing
regulations. Although we are making no changes based on these comments
at this time, we will further examine the commenters' recommendation
and take whatever action we deem appropriate.
Several commenters questioned the need for import permits as a
requirement for importation. The commenters stated that such permits
serve no purpose. Some commenters stated that if import permits can be
withdrawn without notice or explanation, such practice would be
contrary to SPS Article 7. As we explained in the Supplementary
Information section of our proposed rule, the primary purpose of import
permits is to assure that there is space at a quarantine center for
imported animals that must be transported by air or sea to the United
States. Such import permits are necessary to avoid problems, both
economically and with regard to the humane treatment of animals, in
refusing entry to a shipload of animals that have arrived at a port
without prior notice and without a reservation for space.
One commenter asked for clarification of the term ``restricted use
and movement,'' as used in the Supplementary Information section of the
proposed rule when discussing risk mitigation measures. In general,
restricted use and movement is used primarily to reduce potential
losses should a disease agent be introduced. By restricting the
distribution of potentially infected animals, the number and
distribution of native animals that could be exposed is limited. An
example of how we have used, and continue to use, this mitigation
measure is in the importation of amimals from a country where a
particular disease exists, solely for residence at approved zoos where
their movement is restricted.
One commenter stated that opportunities for electronic
certification should be considered. We are not certain what the
commenter meant by ``electronic certification.'' We assume the
commenter was referring to electronic transmission of health
certificates. Although to date we have not received a request to accept
electronic health certification for imports into the United States, we
are receptive to suggestions we might receive from the public regarding
the use of such certification.
One commenter stated that the capacity and costs of quarantine
centers, particularly the Harry S Truman Animal Import Center (HSTAIC),
should not become a trade barrier. Importation though HSTAIC is a
method of allowing the importation of animals from certain high-risk
situations that would otherwise require total prohibition of the
importation. APHIS recommends that importers consider importing
breeding material through embryos or semen whenever possible, to avoid
the extra costs and potential delays that use of HSTAIC entails.
Some commenters stated that, depending on the commodity under
consideration, only the viremic state of a disease might be of concern,
with the incubatory and convalescent states representing negligible
risk. We agree that the situation described by the commenters is true
for some diseases, depending on the mode(s) of transmission. However,
we do not agree that an animal in the incubatory stage represents a
negligible risk. Because diagnosis at the incubatory stage is often
difficult, making a distinction among the stages when determining
disease risk will have little practical effect on establishing import
conditions.
In our proposed regulations we used the term herd. In the
``Definitions'' section to the regulations regarding ruminants and
swine, we included no period of time that animals would need to remain
together to be considered a herd. Some commenters stated that the
definition of ``herd'' should indicate that, to constitute a herd, the
animals must have been together for a specified minimum period of time.
We do not consider it advisable to make such a change. In certain
situations, how long the animals have been together is less important
than the origin of the animals in the group. For instance, if all
animals in the group have been assembled from herds certified free of a
disease under a disease eradication program, the length of time the
animals have been together is not significant.
Some commenters addressed the requirement in proposed
Secs. 93.415(d)(3) and (4) that ruminants from regions proposed to be
classified as Risk Class R3 or R4 for FMD undergo pre-embarkation
quarantine under APHIS supervision in a facility approved by the
Administrator. The commenters stated that this requirement shows an
unwarranted disregard for the scientific, ethical, and certifying
ability of the veterinary authorities in exporting countries. Although
this final rule does not categorize regions as Risk Class R3 or R4, and
does not require APHIS supervision of pre-embarkation quarantine, it
retains the requirement of the current regulations that ruminants and
swine imported from countries not considered free of FMD be quarantined
in a pre-embarkation quarantine facility approved by the Administrator.
Although we agree that, in many cases, reliance on the veterinary
authorities in an exporting country would provide adequate approval and
inspection of a facility, we consider it necessary for the
Administrator to have authority to ensure that in all cases the
facilities in question meet adequate standards.
Several commenters stated that APHIS should consider implementing
recommendations from the ``Border States Consensus Document.'' The
document referred to represents a consensus by U.S. States that share a
border with Mexico regarding recognition of efforts within Mexico to
eradicate Mycobacterium bovis (tuberculosis). The recommendations of
the consensus document, including recognition of certain States in
Mexico as being free of tuberculosis, can be accommodated by the
procedures for requesting recognition of regions set forth in this
rule.
A number of commenters addressed the issue of how camelids should
be addressed in the regulations. Some commenters recommended that they
be removed from the definition of ``ruminants.'' The commenters stated
that camelids are not true ruminants, that marked anatomic and
physiologic differences between camelids and ruminants exist in many
organ systems, and that llamas and alpacas appear to be resistant to
and unlikely to spread several important livestock diseases, including
FMD, M. bovis, and Brucella abortus. Other commenters expressed concern
regarding the potential disease risk posed by camelids.
``Webster's New International Dictionary'' defines Ruminantia as
follows: ``A division of even-toed hoofed animals including those that
chew the cud, as the oxen, sheep, goats, antelopes, deer, chevrotains,
and camels. They are divided into three groups; the Pectora or true
ruminants * * * the Tylopada, or camels and llama * * * and the
Chevrotains.'' We have many of the same disease concerns with camelids
as with other ruminants. However, we agree with the commenters that
there may be some practical disease risk differences between camelids
and cattle. Although we are making no changes to this final rule in
response to these comments, we are reviewing this issue and are
considering addressing it in future rulemaking.
[[Page 56008]]
Comments Addressing Regulations Governing the Importation of Meat and
Meat Products
A small number of commenters expressed concern that the import
conditions for meat products from certain of the proposed risk class
regions required that the backbone be removed from the carcass of the
animal, even though the meat grading standards of the Department's
Agricultural Marketing Service (AMS) require foreign beef to have a
country-of-origin mark on the carcass 4 inches from the backbone.
Because we are not making final the import conditions based on risk
classifications, in a number of cases the provisions the commenters are
referring to are not set forth as general requirements. However, we
consider the requirement that a carcass be deboned an important one in
reducing the risk of FMD-transmission from meat, and expect to apply it
to future importations as appropriate. For example, in our June 26,
1997, final rule regarding the importation of fresh, chilled or frozen,
beef from Argentina, one of the requirements for importation of the
meat was that it be deboned. The AMS standards in 7 CFR 54.4 et seq.
state that grading is done only on carcasses and is voluntary. We
consider concerns regarding disease risk to take precedence over
grading standards for meat, which could be done on the carcass before
the meat is deboned.
One commenter stated that, in Sec. 94.15 of the proposal, regarding
cancellation of compliance agreements, the regulations indicated that
certain actions by APHIS will be taken ``as promptly as circumstances
allow.'' The commenter requested that the time allowed for action by
APHIS be specified. The provisions referred to by the commenter are set
forth in the current regulations. Based on our experience enforcing the
regulations, we consider the actions taken by APHIS to have been taken
in a timely manner and do not consider it necessary to revise the
provisions in question at this time.
In Secs. 94.1 (e) and (g) of the proposed regulations, we set forth
proposed requirements for the importation of fresh (chilled or frozen)
meat from ruminants and swine from regions classified as Risk Class R2
or R3 for FMD. Among the proposed import conditions was the requirement
that the meat reach a pH of 6.0 or less in the loin muscle. In the
Supplementary Information section of our proposed rule, we stated that
acidic or alkaline conditions readily kill the FMD virus. One commenter
took issue with this statement, stating that research has shown that
although a pH below 6.0 or above 11.5 will inactivate the FMD virus,
the virus resident in the micro-environment of animal tissue--such as
lymphatic tissue, bone marrow, or coagulated blood--is resistant to
inactivation over a practical pH range.
The proposed requirements referenced by the commenter are not
included in this final rule because they were import conditions
particular to two risk categories that we are not including in this
rule. However, maturation of meat to an appropriate pH level is a
proven method of killing the FMD virus, and is one of the conditions we
set forth in our June 26, 1997, final rule for the importation of fresh
(chilled or frozen) meat from Argentina. In the Supplementary
Information section of that final rule, we stated that although we
agreed with the commenter, the regulations as proposed already
addressed the concerns raised. We stated that we assumed that by
``micro-environment'' the commenter was referring to those areas of the
meat in the carcass that are in the immediate area of the bones,
lymphatic tissue, or coagulated blood, and noted that one of the
proposed conditions for importing fresh (chilled or frozen) meat from
Argentina was that all bone, blood clots, and lymphoid tissue be
removed from the meat. However, in that final rule, based on the
comment and the literature available to us, we amended the regulations
as proposed to require that a pH level of 5.8 or less be reached before
the meat may be imported.
The proposed importation requirements for cured or cooked meat from
regions classified as Risk Class R3, R4, or RU for certain diseases
included the requirement that the meat be deboned. This requirement for
deboning is also included in the current regulations. Some commenters,
addressing the proposal, stated that deboning should not be required
for cured or cooked meat because such treatment already reduces the
disease risk from the meat to an acceptable level. We do not agree with
the commenters that removal of bones is not necessary in meat that is
otherwise cured or cooked in accordance with the regulations. The
presence of the bone in the meat makes it difficult to determine
whether the bone has been treated throughout to the extent necessary to
destroy the restricted disease agent. For example, in the case of FMD,
unless some way is developed to determine the temperature level within
the bone, there is no way of determining whether the entire piece of
meat, including the bone, has been heated to the temperature necessary
to kill the FMD virus.
Comments Regarding Bovine Spongiform Encephalopathy
Some commenters took issue with our statement in the Supplementary
Information section of our proposal that bovine spongiform
encephalopathy (BSE) ``is thought to have been introduced into cattle
from scrapie-infected sheep brains that were included in rendered
protein meal added to cattle feed.'' The commenters stated that the
original source of BSE is unknown, and that it would be more accurate
to say that the BSE epidemic seems to be the result of a single source
infection resulting from BSE-infected meat and bone meal. The statement
we included in our proposed rule was based on the information available
to us at the time the proposal was developed. At this time, we agree
with the commenters as to the limits of what can be concluded regarding
the origins of BSE.
One commenter questioned the rationale for allowing the importation
of embryos from BSE-affected regions, while, according to the
commenter, the OIE takes a cautious approach. The commenter apparently
misread the proposed regulations. Embryos from countries affected with
BSE are currently not permitted importation into the United States, and
the proposed regulations did not include provisions allowing the
importation of such embryos.
Several commenters stated that because transmissible encephalopathy
occurs in cervidae in the United States, a ban on the feeding of
ruminant protein should be in force in the United States. Other
commenters stated that such a ban would eliminate the possibility that
an infected animal, even if imported, could transmit the disease to
another. Although APHIS does not have the authority to ban the feeding
of ruminant protein, it should be noted that in a final rule published
on June 5, 1997 (62 FR 30936-30978, Docket No. 96N-0135), the United
States Department of Health and Human Service, Food and Drug
Administration, established regulations controlling the use of animal
protein derived from mammalian tissue in ruminant feed.
Proposed Provisions Not Being Made Final
A large number of the issues raised by commenters regarding our
proposed rule addressed provisions of the proposed rule that are not
included in either the current regulations or in this final rule.
Therefore, pending future requests for regionalization, many of the
concerns raised regarding the proposed
[[Page 56009]]
rule are no longer relevant. These include concerns raised by
commenters regarding the following: Differences between the current
regulations and the proposed rule regarding import requirements for
animals and animal products, including the concern that the proposed
regulations would, in some cases, be more restrictive than the current
regulations; the relationship between the ``qualitative'' and
``quantitative'' options for assessing risk under the proposed rule;
criteria for assigning regions to particular risk classifications;
whether the quantitative risk assessment option could be scientifically
supported; differences between the proposed import requirements and the
standards of the OIE Code; differences between the proposed import
requirements and requirements governing U.S. interstate movement;
classification as ``restricted disease agents'' of agents not included
on the OIE ``A'' or ``B'' list of diseases; concerns that the proposed
import requirements would not allow consideration of ``equivalency''
with an importing region's mitigation measures; that criteria for
border controls of regions were too rigid; importation requirements
relating to specific disease agents, including ectoparasites; whether
the proposed import requirements would preempt State requirements; that
certain terms used in the proposed rule were unclear and required
definitions; that the proposed restricted disease agents did not seem
to be treated differently based on potential impact; and the risk
classification of certain countries.
Similarly, commenters made several requests that are no longer
relevant. These include: That the regulations clarify which animals
would be considered in determining the risk classification of a region;
that embryos from ``high-risk'' areas be considered ``low-risk'' if
treated in accordance with internationally recognized treatment
standards; that the practice of vaccination not necessarily affect a
region's risk classification; that the United States evaluate its own
status and programs with regard to the requirements of the proposal;
and that APHIS publish risk analysis documentation to support the
prohibition of meat, embryos, and semen from certain risk class
categories.
Other Proposed Changes to the Regulations Being Made Final
We proposed to make a number of changes to the regulations that
were not directly related to the concepts of regionalization or risk
assessment. In all cases but one, we received no comments regarding
these proposed changes. We discuss below the amendments we proposed,
any comments we received, and actions we are taking on the proposed
changes in this final rule.
We proposed to consider the entire country of Canada as presenting
a slight risk for the introduction of Brucella abortus and as a
negligible risk for B. melitensis. Under the proposed import conditions
for such a risk classification, no testing for these diseases would be
required for cattle from Canada from provinces free of brucellosis. We
continue to consider it warranted to allow cattle from Canada from
brucellosis certified-free provinces or herds to enter the United
States without brucellosis testing, and are amending Sec. 92.418 of the
current regulations to provide that such testing is not necessary.
We are adding to Sec. 94.0, ``Definitions,'' the definitions we
proposed for Cervid, Contact, Pink juice test, Region, Ruminants, and
Veterinarian in charge.
Current Sec. 94.7 includes provisions for the disposal of animals,
meats, and other articles ineligible for importation under the
regulations regarding rinderpest and FMD in current Sec. 94.1. We
proposed to expand the disposal regulations so that they refer to
African swine fever, hog cholera, swine vesicular disease, and BSE, as
well as to rinderpest and FMD. In this rule, we are making final those
expanded provisions.
We are making final at Sec. 94.12(b)(1)(iii)(B) of the regulations
the provision we proposed that pork or pork products consigned from the
port of arrival to an approved establishment must be moved under
Customs or USDA seal, and must be otherwise handled as the
Administrator may direct in order to guard against the introduction and
dissemination of swine vesicular disease. The required seals may not be
broken except by persons authorized by the Administrator to do so.
We proposed under Sec. 94.9 to allow the limited transiting of meat
and other animal products not otherwise eligible for entry into the
United States, to allow for offloading from one means of conveyance at
the port of arrival onto a second means of conveyance scheduled for
immediate departure from the United States. One of the conditions for
such limited movement was that the meat or other animal product not be
stored for more than 24 hours at the maritime or airport port of
arrival. Commenters requested that the allowable time for holding or
storage be extended to 48 hours, to allow for cargo movement logistical
problems. We agree with the commenters that a longer period of time at
the port is sometimes necessary to make connections between ships. As
long as the meat and other animal products are securely contained
aboard the carrier or while being offloaded, and as long as their
overland movement in the United States is confined to that port of
arrival, we believe it is warranted to allow the meat or other animal
products to be held at the port up to 72 hours. We are adding
provisions for such limited transit at Sec. 94.15(d) of this final
rule.
We are making final the change we proposed to Sec. 94.16(b)(2) of
the current regulations to remove the requirement that certain dry milk
and dry milk products intended for importation be processed for human
food. The provisions that require that dry milk or dry milk products
intended for importation from countries in which rinderpest or FMD
exists be processed for human food also require that the dry milk or
dry milk products be processed in a manner approved by the
Administrator as adequate to prevent the introduction or dissemination
of livestock diseases into the United States. Dry milk or dry milk
products that are processed in a manner adequate to prevent disease can
be safely processed for uses other than human food.
We are making final at Sec. 96.10 our proposed removal of
references to specific cities in which casings that arrive in the
United States without certification may be disinfected, and are
providing that such casings may be forwarded to a USDA-approved
facility for disinfection. We are making this change because the
facilities in the cities specified are no longer in operation.
Currently, all casings entering the United States under 9 CFR part 96
are entering in accordance with Sec. 96.4, which allows the casings to
be entered if the casings are accompanied by certification that they
were derived from healthy animals that were inspected ante- and post-
mortem. In the event of an intended importation of casings that would
need to be disinfected in the United States, such disinfection could be
done at any facility approved by APHIS.
As proposed, we are removing current Secs. 96.15 and 96.16, because
they specify administrative procedures that have been discontinued for
a number of years.
Clarification of Final Rule Regarding the Importation of Pork from
Sonora
As noted above, on May 9, 1997, we published in the Federal
Register a final rule to allow the importation of fresh (chilled or
frozen) pork from the State
[[Page 56010]]
of Sonora, Mexico. The provisions allowing this importation were added
at a new Sec. 94.20. At Sec. 94.20(a), we specified that the pork must
be meat from swine that have been raised and slaughtered in Sonora. It
was also our intent that the swine from which the meat comes have been
born in Sonora. In this final rule, we are amending Sec. 94.20(a) to
clarify this intent.
Clarification of Terminology
In current part 94, we refer in a number of cases to meat that is
``fresh, chilled, or frozen.'' The intent of this phrase is to refer to
fresh meat that is either chilled or frozen. We are making
nonsubstantive punctuation changes in part 94 to clarify this intent by
using the wording: ``fresh (chilled or frozen).''
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be significant for purposes of Executive Order
12866 and, therefore, has been reviewed by the Office of Management and
Budget.
In this rule, we are establishing procedures for recognizing
regions, rather than only countries, for the purpose of the importation
of animals and animal products into the United States. We are also
establishing procedures by which regions may request permission to
export animals and animal products to the United States under specified
conditions, based on the regions' disease status. These changes to the
regulations are in accordance with international trade agreements
entered into by the United States. We are also allowing, under certain
conditions, the unloading and reloading at the port of arrival of meat
and other animal products otherwise prohibited entry into the United
States. Additionally, we are removing the requirement that cattle from
brucellosis certified-free herds, provinces, and territories in Canada
be tested for brucellosis before being imported into the United States,
and are making several minor changes in our requirements for importing
animals and animal products that will relieve or clarify some import
restrictions while continuing to protect U.S. livestock and poultry
from foreign animal diseases.
Regionalization
The fundamental purpose of the changes we are making to the
regulations with respect to regionalization--primarily changing the
word ``country'' to ``region'' and setting out the procedures that a
region must follow to be recognized as a region--is to establish a
framework for a regional approach to the importation of animals and
animal products and, thereby, fulfill U.S. commitments under
international trade agreements. In developing this rule and the policy
statement published elsewhere in this same issue of the Federal
Register, we have explicitly recognized that there are identifiable and
measurable gradations of risk presented by animals and animal products
and that these gradations are often tied more to factors such as
geography, ecosystems, epidemiological surveillance, and the
effectiveness of disease control programs than to national political
boundaries. Accordingly, we have adopted an approach that assesses risk
along a continuum and responds to the risks presented from an
importation on a case-by-case basis.
Because this framework will not be fully implemented until we
receive a new request to allow the importation of animals or animal
products into the United States, and because we do not know the number
or sources of requests we will receive in the future, we cannot
estimate the economic impact of this rule as stipulated in E.O. 12866.
We are therefore committed to performing a risk assessment and cost-
benefit analysis on a case-by-case basis for each request we receive in
the near future.
Removal of Requirement for Brucellosis Testing of Cattle From
Canada
We are making final a provision to allow cattle from certified
brucellosis-free herds, provinces, or territories in Canada to enter
the United States without brucellosis testing.
All domestic herds in Canada are free of brucellosis, and therefore
no brucellosis testing would be required for any cattle imported to the
United States. Expected cost savings can be estimated using the number
of breeding cattle imported from Canada in Fiscal Year 1996: 29,340
head. Assuming a laboratory cost of $3 to $4 per test (based on USDA
National Veterinary Services Laboratories user fees), Canadian
operations exporting breeding cattle to the United States may save a
total of between $88,020 and $117,360. (Other costs associated with
assembling of the cattle at the time of testing will remain, since
physical inspections will still take place.)
The cost savings are very small compared to the average value of
the cattle. In 1996, the average price per animal of cattle imported
from Canada that weighed 200-320 kg was $332. (Based on the way the
price data is made available, this price includes the value of both
slaughter and non-slaughter animals. Under the current regulations,
cattle intended for immediate slaughter are not required to be
tested.). The average price of nonslaughter cattle (not including
purebreds) weighing more than 320 kg was $1,152. Thus, the savings
represent no more than 1 cent of every dollar of the smaller animals'
average cost, and about 3 cents of every 10 dollars of the larger
animals' average cost. The average price of purebred cattle imported
from Canada in 1996 was $810, of which the cost savings represents less
than 5 cents of every 10 dollars. The fraction of this savings, if any,
that may be realized by U.S. livestock buyers, would be smaller still.
The economic impact for U.S. entities will be negligible.
Transiting of Certain Animal Products
This rule allows the unloading and reloading at the port of arrival
of meat and other animal products otherwise prohibited entry into the
United States. Under certain conditions, such products may be unloaded
from a means of conveyance and be held at a port for up to 72 hours
before reshipment from the same port by a second means of conveyance.
U.S. imports would not be affected by this rule change.
Consequently, the only U.S. entities for which there could be impacts
would be ones taking part in the marine or air transshipments, by
providing shipping or temporary storage of the transshipped products.
As an example, under this rule, meat from Europe prohibited by the
United States but eligible for entry to particular Caribbean or South
American countries, could be transshipped at U.S. ports. This could
result in cost savings for shipping companies, depending on shipping
logistics, as well as additional business for the ports providing
transshipment services.
According to available information, in 1994 there were 129 U.S.
firms in the SIC category ``Deep Sea Foreign Transportation of
Freight.'' Nearly 90 percent (115 firms) were small entities by the
Small Business Administration's definition of fewer than 500 employees.
There were also 577 U.S. firms in 1994 in the category, ``Marine Cargo
Handling.'' For this industry, designation as a small entity is
[[Page 56011]]
determined by annual receipts of less than $18.5 million. An estimated
80 to 90 percent of U.S. firms handling marine cargo are small
entities.
With respect to firms that could be involved in air transshipments,
in 1994 there were 520 U.S. firms classified under ``Scheduled Air
Transportation'' and 1,475 U.S. firms classified under ``Nonscheduled
Air Transportation''. Of these firms, 86 percent and 95 percent,
respectively, had less than 500 employees. For both SIC categories, the
Small Business Administration's definition of a small entity is one
with fewer than 1,500 employees. There were also 2,864 U.S. firms in
1994 comprising the category, ``Airports, Flying Fields, and Airport
Terminal Services.'' An estimated 85 percent of these firms are small
entities, as determined by annual receipts of less than $5 million.
If U.S. shipping and cargo handling firms were to be affected by
this regulation, it is likely that at least some of them would be small
entities. However, because the transshipment that would be allowed by
this rule change currently does not take place, there is no record upon
which to base an estimation of impacts. Commodities and volumes that
would be transshipped are not known, let alone the number of U.S. firms
(as opposed to foreign firms) that would be affected or the amount by
which they might benefit through lower shipping costs or additional
temporary storage consignments.
Total estimated receipts of U.S. firms in these industries in 1994
were as follows: ``Deep Sea Foreign Transportation of Freight,'' $8.7
billion; ``Marine Cargo Handling,'' $6.2 billion; ``Scheduled and
Nonscheduled Air Transportation,'' $121.5 billion; and ``Airports,
Flying Fields, and Airport Terminal Services, $7.6 billion.'' Possible
benefits from transshipments at U.S. ports as allowed by this rule
change would likely be very slight compared to industry incomes.
Disposal of Animals
We are expanding the regulations regarding the disposal of animals,
meats, and other articles ineligible for importation to refer to such
products affected by African swine fever, swine vesicular disease, hog
cholera, and BSE, as well as those products affected by rinderpest and
FMD.
This change is expected to have no economic impact. In practice,
disposal provisions for animals and meat having African swine fever,
hog cholera, swine vesicular disease, or BSE are already the same as
for rinderpest or FMD. Specification of these diseases will simply
clarify existing provisions.
Movement of Pork and Pork Products
We are revising the current import regulations regarding the
movement of certain pork and pork products from a port of arrival to an
approved U.S. establishment for treatment because of swine vesicular
disease, to require that such movement be done under Customs or USDA
seal. This change is a clarification to make the regulations in
question consistent with similar import requirements with regard to
treatment for other diseases. We expect no economic impact from this
change, because, currently, there are no such approved establishments
in the United States.
Dry Milk Products
We are removing the requirement that certain dry milk products
intended for importation be processed for human food. The provisions in
current Sec. 94.16(b)(2) that require that dry milk products intended
for importation from countries in which rinderpest or FMD exists be
processed for human food, also require that the dry milk products be
processed in a manner approved by the Administrator as adequate to
prevent the introduction or dissemination of livestock diseases into
the United States. Dry milk products that are processed in a manner
adequate to prevent disease can be safely processed for uses other than
human food. We expect no increase or decrease in the amount of imported
dry milk or dry milk products due to this change, and expect no change
in the manner in which such products are processed.
Casings
We are removing the requirement that casings imported without
certification under Sec. 96.4 be moved to specific cities for
disinfection. We expect no economic impact from this change. At
present, there are no facilities in any U.S. cities where disinfection
of casings is performed, and all casings entering the United States
under 9 CFR part 96 are entering in accordance with the certification
requirements of Sec. 96.4, which allows the casings to be entered if
the casings are accompanied by certification that they were derived
from healthy animals that were inspected ante-and post-mortem. In the
event of an intended importation of casings that would need to be
disinfected in the United States, such disinfection could be done at
any facility approved by APHIS.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws 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.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this rule. The assessment provides a basis for
the conclusion that the actions required or authorized by this rule
will not present a significant risk of introducing or disseminating
animal disease agents into the United States and will not have a
significant impact on the quality of the human environment. Based on
the finding of no significant impact, the Administrator of the Animal
and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection 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 copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
The information collection burden expected to be imposed by 9 CFR
parts 92, 93, and 98 of this rule is 1,809 burden hours for animal
importations, which is 176,875 burden hours less than the proposed
rule. Although this final rule provides a mechanism for
regionalization, it does not assign individual regions to specific risk
categories, as did the proposed rule. Because the provisions of the
current regulations will continue to be followed
[[Page 56012]]
until we receive requests for regionalization, the burden expected is
much less than what was expected under the proposed rule. In accordance
with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection requirements of this final
rule have been submitted for approval to the Office of Management and
Budget (OMB). When OMB notifies us of its decision, we will publish a
document in the Federal Register providing notice of the assigned OMB
control number for parts 92, 93, and 98, or, if approval is denied,
providing notice of what action we plan to take.
In accordance with the Paperwork Reduction Act, the information
collection or recordkeeping requirements included in this rule under 9
CFR parts 94, 95, and 96 have been approved by the Office of Management
and Budget (OMB). The assigned OMB control number is 0579-0015.
This rule contains no new information collection or recordkeeping
requirements under 9 CFR parts 97 and 130.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, tribal
governments, and the private sector. Under section 202 of the UMRA,
APHIS generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rule with ``Federal mandates''
that may result in expenditures by State, local, or tribal governments,
in the aggregate, or to the private sector, of $100 million or more in
any one year. When such a statement is needed for a rule, section 205
of the UMRA generally requires APHIS to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, more cost-effective, or least burdensome alternative that
achieves the objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) that may result in expenditures by
State, local, and tribal governments, in the aggregate, or to the
private sector, or $100 million or more in any one year. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
List of Subjects
9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 93
Animal diseases, Imports, Reporting and recordkeeping requirements.
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
9 CFR Part 95
Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
9 CFR Part 96
Imports, Livestock, Reporting and recordkeeping requirements.
9 CFR Part 97
Exports, Government employees, Imports, Livestock, Poultry and
poultry products, Travel and transportation expenses.
9 CFR Part 98
Animal diseases, Imports.
9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry,
Quarantine, Reporting and recordkeeping requirements, Tests.
Accordingly, under the authority provided in 5 U.S.C. 5542; 7
U.S.C. 147a, 150ee, 161, 162, 450, 1622, 2260; 19 U.S.C. 1306; 21
U.S.C. 102-105, 111, 114, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136,
136a; 31 U.S.C. 9701; 42 U.S.C. 4331, 4332; 49 U.S.C. 1741; 7 CFR 2.22,
2.80, and 371.2(d), we are amending 9 CFR, chapter I, subchapter D, as
follows:
PART 93--[AMENDED]
Secs. 93.1-93.8 [Redesignated as Secs. 93.800-93.807]
1. Part 93 is amended by redesignating Secs. 93.1 through 93.8 as
Secs. 93.800 through 93.807, and designating these sections as Subpart
H--Elephants, Hippopotami, Rhinoceroses, and Tapirs.
PART 92--[REDESIGNATED AS PART 93]
2. In Part 92, subparts A through G (Secs. 92.100 through 92.707)
are redesignated as part 93, subparts A through G, and part 92 is
vacated.
3. A new part 92 is added to read as follows:
PART 92-- IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES
FOR REQUESTING RECOGNITION OF REGIONS
Sec.
92.1 Definitions.
92.2 Application for recognition of the animal health status of a
region.
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 92.1 Definitions.
Active surveillance. Sample collection using a systematic or
statistically designed survey methodology to actively seek out and find
cases of animals with a restricted disease agent, or to determine the
prevalence of the restricted disease agent in the population.
Adjacent region. Any geographic land area, whether or not
identifiable by geological, political or surveyed boundaries, that
shares common boundaries with any region.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any other employee of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, delegated
to act in the Administrator's stead.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Animals. All species of the animal kingdom, except man, including:
Cattle, sheep, goats, other ruminants, swine, horses, asses, mules,
zebras, dogs, poultry, and birds that are susceptible to communicable
diseases of livestock and poultry or capable of being carriers of those
diseases or their arthropod vectors.
Communicable disease. Any contagious or infectious disease of
animals. It can be transmitted either directly or indirectly to a
susceptible animal from an infected animal, vector, inanimate source,
or other sources.
Contagious disease. Any communicable disease transmitted from one
animal to another by direct contact or by feed, water, aerosol, or
contaminated objects.
Disease agent. A virus, bacterium, or other organism that causes
disease in animals.
Import (imported, importation) into the United States. To bring
into the territorial limits of the United States.
Passive surveillance. A surveillance system that does not depend on
active
[[Page 56013]]
participation by the responsible agency to seek out and monitor a
restricted disease agent. The system relies on mandatory reporting, a
pool of trained investigators, diagnostic submission procedures and
laboratory support, and periodic public information and continuing
education programs on diseases.
Prevalence. The number of cases of a disease in existence at a
given time in a designated area.
Region. Any defined geographic land region identifiable by
geological, political or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity ( zone, county, department,
municipality, parish, Province, State, etc.);
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
Restricted disease agent. Any communicable disease agent or its
vector not known to exist in the United States or that is subject to a
Federal or cooperative Federal/State control or eradication program
within the United States.
Surveillance. Systems to find, monitor, and confirm the existence
or absence of a restricted disease agent or agents in livestock,
poultry and other animals. Surveillance may be passive or active.
United States. All of the States of the United States, the District
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the
Virgin Islands of the United States, and all other territories and
possessions of the United States.
Vector-borne disease. A disease transmitted to an animal through an
intermediate arthropod vector, including ticks or insects.
Sec. 92.2 Application for recognition of the animal health status of a
region.
(a)(1) The representative of the national government(s) of any
country or countries who has the authority to request such a change may
request at any time that all or part of the country or countries be
recognized as a region, be included within an adjacent previously
recognized region, or be made part of a region larger than an
individual country. Requests for recognition of a region must be sent
to the Administrator, in accordance with paragraph (c) of this section.
(b) Each request for approval to export a particular type of animal
or animal product to the United States from a foreign region must be
made to the Administrator, in accordance with paragraph (c) of this
section, and must include, in English, the following information about
the region:
(1) The authority, organization, and infrastructure of the
veterinary services organization in the region.
(2) Disease status--i.e., is the restricted disease agent known to
exist in the region? If ``yes,'' at what prevalence? If ``no,'' when
was the most recent diagnosis?
(3) The status of adjacent regions with respect to the agent.
(4) The extent of an active disease control program, if any, if the
agent is known to exist in the region.
(5) The vaccination status of the region. When was the last
vaccination? What is the extent of vaccination if it is currently used,
and what vaccine is being used?
(6) The degree to which the region is separated from adjacent
regions of higher risk through physical or other barriers.
(7) The extent to which movement of animals and animal products is
controlled from regions of higher risk, and the level of biosecurity
regarding such movements.
(8) Livestock demographics and marketing practices in the region.
(9) The type and extent of disease surveillance in the region--
e.g., is it passive and/or active; what is the quantity and quality of
sampling and testing?
(10) Diagnostic laboratory capabilities.
(11) Policies and infrastructure for animal disease control in the
region--i.e., emergency response capacity.
(c) Requests for recognition of a region or for approval to export
animals or animal products to the United States from a region,
including the information required by this section, must be sent to the
Administrator, c/o National Center for Import and Export, VS, APHIS,
4700 River Road Unit 38, Riverdale, MD 20737-1231. (Where possible,
include a copy of the request and accompanying information on a 3.5-
inch floppy disk in ASCII or a word processing format.)
(d) The information submitted in accordance with paragraph (b) of
this section will be made available to the public prior to initiation
by APHIS of any rulemaking action on the request.
(e) If, after review of the information submitted, APHIS believes
the requested importation can be safely allowed, APHIS will publish a
proposed rule in the Federal Register to allow the importation, and the
conditions under which the importation would be allowed, along with a
discussion of the basis for the proposal.
(f) APHIS will provide a period of time during which the public may
comment on the proposal. During the comment period, the public will
have access to the information upon which APHIS based its analysis of
the risk of such importation, as well as to its methodology in
conducting the analysis. Once APHIS has reviewed all comments received,
it will make a final decision on what conditions will be necessary to
allow the importation in question, and will publish the conditions for
import in the Federal Register.
4. The heading of part 93 is revised to read as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
5. The authority citation for part 93 is revised to read as
follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
Subpart A--Birds
6. Newly designated Sec. 93.100 is amended by revising the
definition of Licensed veterinarian and adding a definition of Region,
in alphabetical order, to read as follows:
Sec. 93.100 Definitions.
* * * * *
Licensed veterinarian. Any person licensed by any region or
political subdivision thereof to practice veterinary medicine.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.);
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.101 [Amended]
7. Newly designated Sec. 93.101 is amended as follows:
a. In paragraph (a), footnote 1 is amended by removing the word
``countries'' and adding in its place the word ``regions''.
b. By removing the word ``country'' each time it appears and
adding in its place each time the word ``region'' in the following
places:
i. Paragraph (b)(3)(iii).
[[Page 56014]]
ii. Paragraph (b)(3)(v).
iii. Paragraph (b)(3)(vi).
iv. Paragraph (b)(3)(vii).
v. Paragraph (b)(3)(viii).
vi. Paragraph (b)(3)(ix).
vii. Paragraph (b)(3)(x).
viii. Paragraph (b)(3)(xi).
ix. Paragraph (c)(2)(i).
x. Paragraph (c)(2)(ii)(A).
xi. Paragraph (c)(3)(i).
xii. Paragraph (d), introductory text.
c. In paragraph (b)(1), by removing the reference to
``Secs. 92.205, 92.214, and 92.216'' and adding in its place a
reference to ``Secs. 93.205, 93.214, and 93.216''.
d. In paragraph (b)(3), introductory text, by removing the
reference to ``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
e. In paragraph (b)(3)(ii), by removing the reference to
``Sec. 92.103(a)(2)(iv)'' and adding in its place a reference to
``Sec. 93.103(a)(2)(iv)''.
f. In paragraph (b)(3)(ix), by removing the reference to
``Sec. 92.103(a)(2)(iv)'' and adding in its place a reference to
``Sec. 93.103(a)(2)(iv)''.
g. In paragraph (b)(3)(x), by removing the reference to
``Sec. 92.104(a)'' and adding in its place a reference to
``Sec. 93.104(a)''.
h. In paragraph (b)(3)(xi), by removing the reference to
``Sec. 92.104(a)'' and adding in its place a reference to
``Sec. 93.104(a)''.
i. In paragraph (c)(1), by removing the reference to
``Secs. 92.102 or 92.203'' and adding in its place a reference to
``Secs. 93.103 or 93.203'', and by removing the reference to
``Sec. 92.105'' and adding in its place a reference to
``Sec. 93.105''.
j. In paragraph (c)(2)(i), by removing the reference to
``Sec. 92.101(c)(1)'' and adding in its place a reference to
``Sec. 93.101(c)(1)''.
k. In paragraph (c)(3), the introductory text, by removing the
reference to ``Sec. 92.102(a)'' and adding in its place a reference
to ``Sec. 93.102(a)''.
l. In paragraph (c)(3)(ii), by removing the reference to
``Sec. 92.103(a)(3)'' each time it appears and adding in its place
each time a reference to ``Sec. 93.103(a)(3)'', and by removing the
reference to ``Sec. 92.102(a)'' each time it appears and adding in
its place each time a reference to ``93.102(a)''.
m. In paragraph (c)(3)(iv), by removing the reference to
``Sec. 92.106(a)'' and adding in its place a reference to
``Sec. 93.106(a)''.
n. In paragraph (c)(3)(v), by removing the reference to
``Sec. 92.210'' and adding in its place a reference to
``Sec. 93.210''.
o. In paragraph (d), the introductory text, by removing the
reference to ``Sec. 92.103'' and adding in its place a reference to
``Sec. 93.103''.
p. In paragraph (d)(1)(ii), by removing the reference to
``Sec. 92.103(c)'' and adding in its place a reference to
``Sec. 93.103(c)''.
q. In paragraph (e), by removing the reference to
``Secs. 92.102(a), 92.103, 92.104, 92.105(a), and 92.106(a)'' and
adding in its place a reference to ``Secs. 93.102(a), 93.103,
93.104, 93.105(a), and 93.106(a)''.
r. In paragraph (f), by removing the reference to ``Sec. 92.102
or 92.203'' and adding in its place a reference to ``Sec. 93.102 or
93.203'', and by removing the reference to ``Sec. 92.103'' and
adding in its place a reference to ``Sec. 93.103''.
Sec. 93.102 [Amended]
8. Newly designated Sec. 93.102 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.101(c)'' and adding in its place a reference to
``Sec. 93.101(c)'', and by removing the reference to
``Sec. 92.101(f)'' and adding in its place a reference to
``Sec. 93.101(f)''.
b. In paragraph (c), by removing the reference to
``Sec. 92.105'' and adding in its place a reference to
``Sec. 93.105''.
c. In paragraph (d), by removing the reference to
``Sec. 92.101(c)(1) or (2)'' each time it appears and adding in its
place a reference to ``Sec. 93.101(c)(1) or (2)'', and by removing
the reference to ``Sec. 92.101(f)'' and adding in its place a
reference to ``Sec. 93.101(f)'.
Sec. 93.103 [Amended]
9. Newly designated Sec. 93.103 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a)(1)(vi).
ii. Paragraph (a)(1)(viii).
iii. Paragraph (a)(2)(ii), introductory text.
iv. Paragraph (a)(2)(ii)(B).
v. Paragraph (a)(2)(v).
vi. Paragraph (b), second sentence.
vii. Paragraph (c)(1)(ii).
viii. Paragraph (c)(1)(iv).
ix. Paragraph (c)(2)(ii).
x. Paragraph (c)(2)(iv).
b. In paragraph (a)(1), by removing the reference to
``Secs. 92.101 (b) and (c), 92.103(c), and 92.107(b)'' and adding in
its place a reference to ``Secs. 93.101(b) and (c), 93.103(c), and
93.107(b)''.
c. In paragraph (a)(1)(x), by removing the reference to
``Sec. 92.106(c)(5)'' and adding in its place a reference to
``Sec. 93.106(c)(5)''.
d. In paragraph (a)(1)(xii), by removing the reference to
``Secs. 92.100 through 92.107'' and adding in its place a reference
to ``Secs. 93.100 through 93.107''.
e. In paragraph (a)(1)(xiii), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
f. In paragraph (a)(2)(i), by removing the reference to
``Sec. 92.106(c)'' and adding in its place a reference to
``Sec. 93.106(c)''.
g. In paragraph (a)(2)(iii), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
h. In paragraph (a)(2)(iv), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
i. In paragraph (a)(2)(v), by removing the reference to
``Sec. 92.101(b)(3)'' each time it appears and adding in its place a
reference to ``Sec. 93.101(b)(3)''.
Sec. 93.104 [Amended]
10. Newly designated Sec. 93.104 is amended as follows:
a. In paragraph (a), by removing the word ``country'' each time
it appears and adding in its place the word ``region''.
b. In paragraph (a), by removing the reference to ``Sec. 92.101
(b) and (c)'' and adding in its place a reference to ``Sec. 93.101
(b) and (c)''.
c. In paragraph (c)(2), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
d. In paragraph (c)(8), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
e. In paragraph (c)(13), by removing the reference to
``Sec. 92.101(b)(3)(ix)'' and adding in its place a reference to
``Sec. 93.101(b)(3)(ix)''.
f. In paragraph (c)(14), by removing the reference to
``Sec. 92.101(b)(3)'' and adding in its place a reference to
``Sec. 93.101(b)(3)''.
g. In paragraph (c)(15), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
h. In paragraph (d)(2), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
i. In paragraph (d)(9), by removing the reference to
``Sec. 92.101(b)(3)(ix)'' and adding in its place a reference to
``Sec. 93.101(b)(3)(ix)''.
j. In paragraph (d)(10), by removing the reference to
``Sec. 92.101(b)(3)'' and adding in its place a reference to
``Sec. 93.101(b)(3)''.
k. In paragraph (d)(11), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
Sec. 93.105 [Amended]
11. Newly designated Sec. 93.105 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.107(c)'' and adding in its place a reference to
``Sec. 93.107(c)''.
b. In paragraph (b), by removing the reference to
``Sec. 92.101(c)(2)'' each time it appears and adding in its place a
reference to ``Sec. 93.101(c)(2)''; by removing the reference to
``Sec. 92.102(a)'' and adding in its place a reference to
``Sec. 93.102(a)''; and by removing the reference to ``Sec. 92.102
and 92.203'' and adding in its place a reference to ``Secs. 93.102
and 93.203''.
c. In paragraph (c), by removing the reference to
``Sec. 92.107(b)'' and adding in its place a reference to
``Sec. 93.107(b)''.
Sec. 93.106 [Amended]
12. Newly designated Sec. 93.106 is amended as follows:
a. In paragraph (c)(5)(iii), the Cooperative and Trust Fund
Agreement, the second paragraph, which begins with ``Whereas, the
Importer'', by removing the word ``countries'' and adding in its
place the word ``regions''.
b. In paragraph (c)(5)(iii), the Cooperative and Trust Fund
Agreement, paragraph (B)(5), by removing the word ``country'' and
adding in its place the word ``region''.
c. In paragraph (a), by removing the reference to
``Sec. 92.101(c)'' and adding in its place a reference to
``Sec. 93.101(c)'', and by removing the reference to ``Sec. 92.103''
and adding in its place a reference to ``Sec. 93.103''.
d. In paragraph (b)(1), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107'', and by removing the reference to ``Sec. 92.103''
and adding in its place a reference to ``Sec. 93.103''.
e. In paragraph (b)(2), by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
f. In paragraph (c)(2)(ii)(L), by removing the reference to
``Sec. 92.103'' and adding in its place a reference to
``Sec. 93.103''.
g. In paragraph (c)(2)(ii)(M), by removing the reference to
``Sec. 92.103'' and adding in its place a reference to
``Sec. 93.103''.
[[Page 56015]]
h. In paragraph (c)(5)(iii), the Cooperative and Trust Fund
Agreement, paragraph (A)(4), by removing the reference to ``part
92'' and adding in its place a reference to ``part 93'' each time it
appears.
i. In paragraph (c)(5)(iii), the Cooperative and Trust Fund
Agreement, paragraph (A)(5), by removing the reference to
``Sec. 92.106(c)'' and adding in its place a reference to
``Sec. 93.106(c)''.
j. In paragraph (c)(5)(iii), the Cooperative and Trust Fund
Agreement, paragraph (A)(13), by removing the reference to
``Sec. 92.106(c)(3)(ii)(C)'' and adding in its place a reference to
``Sec. 93.106(c)(3)(ii)(C)''.
k. In paragraph (c)(5)(iii), the Cooperative and Trust Fund
Agreement, paragraph (A)(20), by removing the reference to
``Sec. 92.106(c)'' and adding in its place a reference to
``Sec. 93.106(c)''.
l. In subpart A, footnote 13, by removing the reference to
``Sec. 92.107'' and adding in its place a reference to
``Sec. 93.107''.
Sec. 93.107 [Amended]
13. Newly designated Sec. 93.107 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.103'' and adding in its place a reference to
``Sec. 93.103'', and by removing the reference to ``Sec. 92.101''
and adding in its place a reference to ``Sec. 93.101''.
b. In paragraph (b)(3), by removing the reference to
``Sec. 92.203(b)'' and adding in its place a reference to
``Sec. 93.203(b)''.
c. In paragraph (b)(4), by removing the reference to
``Sec. 92.104(c)(8)'' and adding in its place a reference to
``Sec. 93.104(c)(8)''.
d. In paragraph (c)(2), by removing the reference to
``Sec. 92.105(a)'' and adding in its place a reference to
``Sec. 93.105(a)''.
e. In paragraph (c)(3), by removing the reference to
``Sec. 92.203(b)'' and adding in its place a reference to
``Sec. 93.203(b)''.
Subpart B--Poultry
14. Newly designated Sec. 93.200 is amended by revising the
definition of Operator and adding a definition of Region, in
alphabetical order, to read as follows:
Sec. 93.200 Definitions.
* * * * *
Operator. For the purpose of Sec. 93.209, any person operating an
approved quarantine facility.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.201 [Amended]
15. Newly designated Sec. 93.201 is amended as follows:
a. In paragraph (a), footnote 2, by removing the word
``countries'' and adding in its place the word ``regions''.
b. In paragraph (b), introductory text, by removing the word
``country'' and adding in its place the word ``region''.
c. In paragraph (b), introductory text, by removing the
reference to ``part 92'' and adding in its place a reference to
``part 93'', and by removing the reference to ``Sec. 92.204'' and
adding in its place a reference to ``Sec. 93.204''.
d. In paragraph (b)(1)(ii), by removing the reference to
``Sec. 92.204(c)'' and adding in its place a reference to
``Sec. 93.204(c)''.
e. In paragraph (c), by removing the reference to
``Sec. 92.203'' and adding in its place a reference to
``Sec. 93.203'', and by removing the reference to ``Sec. 92.204''
and adding in its place a reference to ``Sec. 93.204''.
Sec. 93.202 [Amended]
16. In newly designated Sec. 93.202, paragraph (a) is amended by
removing the word ``country'' and adding in its place the word
``region''.
Sec. 93.204 [Amended]
17. Newly designated Sec. 93.204 is amended as follows:
a. In paragraph (a)(1), by removing the reference to
``Secs. 92.204(c), 92.214, 92.217, and 92.218'' and adding in its
place a reference to ``Secs. 93.204(c), 93.214, 93.217, and
93.218''.
b. In paragraph (a)(2), by removing the word ``countries'' and
adding in its place the word ``regions''.
c. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a)(1).
ii. Paragraph (a)(2).
iii. Paragraph (b).
iv. Paragraph (c)(1)(iii).
v. Paragraph (c)(1)(v).
vi. Paragraph (c)(2)(ii.)
vii. Paragraph (c)(2)(iv).
Sec. 93.205 [Amended]
18. Newly designated Sec. 93.205 is amended by removing the word
``country'' each time it appears and adding in its place the word
``region''.
93.207 [Amended]
19. Newly designated Sec. 93.207 is amended by removing the
reference to ``Secs. 92.215 and 92.220'' and adding in its place a
reference to ``Secs. 93.215 and 93.220''.
Sec. 93.209 [Amended]
20. Newly designated Sec. 93.209 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.216'' and adding in its place a reference to
``Sec. 93.216''.
b. In paragraph (b), by removing the word ``countries'' and
adding in its place the word ``regions''.
21. Preceding newly designated Sec. 93.214, in the undesignated
center heading ``CANADA \6\'', footnote 6 is amended by removing the
reference to ``Secs. 92.214 to 92.216'' and adding in its place a
reference to ``Secs. 93.214 to 93.216''.
Sec. 93.214 [Amended]
22. Newly designated Sec. 93.214 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.204'' and adding in its place a reference to
``Sec. 93.204'', and by removing the reference to ``Sec. 92.203(b)''
and adding in its place a reference to ``Sec. 93.203(b)''.
b. In paragraph (b), by removing the reference to
``Sec. 92.206'' and adding in its place a reference to
``Sec. 93.206''.
Sec. 93.215 [Amended]
23. Newly designated Sec. 93.215 is amended as follows:
a. In paragraph (a)(1), by removing the reference to
``Sec. 92.204'' and adding in its place a reference to
``Sec. 93.204'', and by removing the reference to ``Sec. 92.201''
and adding in its place a reference to ``Sec. 93.201''.
b. In paragraph (b), by removing the word ``country'' and adding
in its place the word ``region''.
Sec. 93.216 [Amended]
24. Newly designated Sec. 93.216 is amended by removing the
reference to ``Sec. 92.209'' and adding in its place a reference to
``Sec. 93.209''.
25. In subpart B, the undesignated heading preceding newly
designated Sec. 93.217 is revised to read ``CENTRAL AMERICA AND THE
WEST INDIES 7'', and footnote 7 is amended by removing the
reference to ``Sec. 92.217'' and adding in its place a reference to
``Sec. 93.217'' and by removing the word ``countries'' and adding in
its place the word ``regions''.
Sec. 93.217 [Amended]
26. Newly designated Sec. 93.217 is amended as follows:
a. By removing the word ``countries'' and adding in its place
the word ``regions'' in the following places:
i. Paragraph (a).
ii. Paragraph (b).
iii. Paragraph (c).
b. In paragraph (a), by removing the reference to
``Sec. 92.204'' and adding in its place a reference to
``Sec. 93.204''.
c. In paragraph (b), by removing the reference to
``Sec. 92.206'' and adding in its place a reference to
``Sec. 93.206''.
d. In paragraph (c), by removing the reference to
``Secs. 92.205, 92.207, 92.209, and 92.210'' and adding in its place
a reference to ``Sec. 93.205, 93.207, 93.209, and 93.210''.
27. Preceding newly designated Sec. 93.218, in the undesignated
center
[[Page 56016]]
heading ``MEXICO 8'', footnote 8 is amended by removing the
reference to ``Secs. 92.218 to 92.220'' and adding in its place a
reference to ``Secs. 93.218 to 93.220''.
Sec. 93.218 [Amended]
28. In newly designated Sec. 93.218, paragraph (a) is amended by
removing the reference to ``Sec. 92.204'' and adding in its place a
reference to ``Sec. 93.204''.
Sec. 93.219 [Amended]
29. Newly designated Sec. 93.219 is amended by removing the
reference to ``Sec. 92.206'' and adding in its place a reference to
``Sec. 93.206''.
Sec. 93.220 [Amended]
30. In newly designated Sec. 93.220, paragraph (b) is amended by
removing the reference to ``Sec. 92.203'' and adding in its place a
reference to ``Sec. 93.203''.
Subpart C--Horses
31. Newly designated Sec. 93.300 is amended as follows:
a. In the definition of Code of Practice, by removing the word
``country'' and adding in its place the word ``region.''
b. By revising the definition of Licensed veterinarian and by
adding a definition of Region, in alphabetical order, to read as
follows:
Sec. 93.300 Definitions.
* * * * *
Licensed Veterinarian. Any person licensed by any country or
political subdivision thereof to practice veterinary medicine.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.301 [Amended]
32. Newly designated Sec. 93.301 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b), introductory text.
ii. Paragraph (c)(1).
iii. Paragraph (c)(2)(viii).
iv. Paragraph (d)(1)(ii)(E).
v. Paragraph (d)(2).
vi. Paragraph (e)(1), introductory text.
vii. Paragraph (e)(1)(iii).
viii. Paragraph (e)(1)(v).
ix. Paragraph (e)(1)(vi).
x. In the heading of paragraph (g), and introductory text.
xi. Paragraph (g)(1), introductory text.
xii. Paragraph (g)(1)(iii).
xiii. Paragraph (g)(1)(iv).
xiv. Paragraph (h), introductory text.
b. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. Paragraph (a), footnote 3.
ii. Paragraph (c)(1).
iii. In the heading of paragraph (e).
iv. Paragraph (h)(5).
c. In paragraph (b), introductory text, by removing the
reference to ``part 92'' and adding in its place a reference to
``part 93'', and by removing the reference to ``Sec. 92.304'' and
adding in its place a reference to ``Sec. 93.304''.
d. In paragraph (c)(2)(iii), by removing the reference to
``Sec. 92.314(a)'' and adding in its place a reference to
``Sec. 93.314(a)''.
e. In paragraph (c)(2)(iv), by removing the reference to
``Sec. 92.301(a)'' and adding in its place would be removed and a
reference to ``Sec. 93.301(a)''.
f. In paragraph (d)(1)(i), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304''.
g. In paragraph (d)(1)(ii), by removing the reference to
``Sec. 92.314(a)'' and adding in its place a reference to
``Sec. 93.314(a)'' each time it appears.
h. In paragraph (d)(3), by removing the reference to
``Sec. 92.308'' and adding in its place a reference to
``Sec. 93.308'' each time it appears.
i. In paragraph (e)(1)(i), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304'', and by removing the reference to ``Sec. 92.308''
and adding in its place a reference to ``Sec. 93.308''.
j. In paragraph (e)(1)(ii), by removing the reference to
``Sec. 92.314(a)'' and adding in its place a reference to
``Sec. 93.314(a)''.
k. In paragraph (e)(2)(i), by removing the reference to
``Sec. 92.308'' and adding in its place a reference to
``Sec. 93.308''.
l. In paragraph (f)(1), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304''.
m. In paragraph (f)(4), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304''.
n. In paragraph (f)(6)(i), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304''.
o. In paragraph (g)(1), introductory text, by removing the
reference to ``Sec. 92.314(a)'' and adding in its place a reference
to ``Sec. 93.314(a)''.
p. In paragraph (g)(2), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304''.
q. In paragraph (g)(5), by removing the reference to
``Sec. 92.308'' and adding in its place a reference to
``Sec. 93.308''.
Sec. 93.302 [Amended]
33. In newly designated Sec. 93.302, paragraph (a) is amended by
removing the word ``country'' and adding in its place the word
``region''.
Sec. 93.303 [Amended]
34. Newly designated Sec. 93.303 is amended as follows:
a. In paragraph (a), by removing the reference to
``Secs. 92.308(a), (b), and (c) and 92.317'' and adding in its place
a reference to ``Secs. 93.308(a), (b), and (c) and 93.317''.
b. In paragraph (e), by removing the reference to
``Secs. 92.301(c), 92.304(a), 92.306, 92.308(a), (b), and (c), and
92.314'' and adding in its place a reference to ``Secs. 93.301(c),
93.304(a), 93.306, 93.308(a), (b), and (c), and 93.314''.
c. In paragraph (e), by removing the word ``country'' and adding
in its place the word ``region'', and in footnote 12, by removing
the word ``countries'' and adding in its place the word ``regions''.
Sec. 93.304 [Amended]
35. Newly designated Sec. 93.304 is amended as follows:
a. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. The section heading.
ii. Paragraph (a)(1)(i).
iii. Paragraph (a)(2).
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a)(1)(i).
ii. Paragraph (a)(2).
iii. Paragraph (b)(1).
c. In paragraph (a)(1)(i), by removing the reference to
``Sec. 92.301(c)(1)'' and adding in its place a reference to
``Sec. 93.301(c)(1)'', and by removing the reference to
``Secs. 92.315, 92.319, and 92.321'' and adding in its place a
reference to ``Secs. 93.315, 93.319, and 93.321''.
d. In paragraph (a)(1)(ii), introductory text, by removing the
reference to ``Sec. 92.301(f)'' each time it appears and adding in
its place a reference to ``Sec. 93.301(f)''.
e. In paragraph (a)(1)(iii), by removing the reference to
``Sec. 92.301(f)'' and adding in its place a reference to
``Sec. 93.301(f)''.
f. In paragraph (a)(2), by removing the reference to
``Sec. 92.301(c)(1)'' and adding in its place a reference to
``Sec. 93.301(c)(1)''.
Sec. 93.306 [Amended]
36. In newly designated Sec. 93.306, paragraph (a) is amended by
removing the reference to ``Secs. 92.318 and 92.323'' and adding in its
place a reference to ``Secs. 93.318 and 93.323''.
Sec. 93.308 [Amended]
37. Newly designated Sec. 93.308 is amended as follows:
a. In paragraph (a), introductory text, by removing the
reference to ``Sec. 92.324'' and adding in its place a reference to
``Sec. 93.324'', and by removing the reference to ``Sec. 92.303''
and adding in its place a reference to ``Sec. 93.303''.
b. In paragraph (a)(1), by removing the reference to
``Sec. 92.317'' and adding in its place a reference to
``Sec. 93.317'', and by removing the reference to ``Sec. 92.303''
and adding in its place a reference to ``Sec. 93.303''.
c. In paragraph (a)(2), by removing the word ``countries'' each
time it appears and
[[Page 56017]]
adding in its place the word ``regions'', and by removing the word
``country and adding in its place the word ``region.''.
d. In paragraph (b), by removing the reference to
``Sec. 92.303(e)'' and adding in its place a reference to
``Sec. 93.303(e)''.
e. In paragraph (c)(4)(ii), by removing the reference to
``Sec. 92.308(a)'' and adding in its place a reference to
``Sec. 93.308(a)''.
Sec. 93.314 [Amended]
38. Newly designated Sec. 92.314 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. In paragraph (a), introductory text.
ii. In paragraph (a)(1).
iii. In paragraph (a)(5)(i).
iv. In paragraph (a)(5)(ii).
v. In paragraph (b).
b. In paragraph (a)(5)(iv), by removing the word ``countries''
and adding in its place the word ``regions''.
c. In paragraph (a)(5), introductory text, by removing the
reference to ``Sec. 92.301(g)'' and adding in its place a reference
to ``Sec. 93.301(g)''.
d. In paragraph (a)(5)(i), by removing the reference to
``Sec. 92.301(c)(1)'' and adding in its place a reference to
``Sec. 93.301(c)(1)''.
e. In paragraph (c), by removing the reference to reference to
``Sec. 92.306'' and adding in its place a reference to
``Sec. 93.306''.
39. Preceding newly designated Sec. 93.315, in the undesignated
center heading ``CANADA\16\'', footnote 16 is amended by removing the
reference to ``Secs. 92.315, 92.316, 92.317 and 92.318'' and adding in
its place a reference to ``Secs. 93.315, 93.316, 93.317 and 93.318''.
Sec. 93.315 [Amended]
40. Newly designated Sec. 93.315 is amended by removing the
reference to ``Sec. 92.305'' and adding in its place a reference to
``Sec. 93.305''.
Sec. 93.316 [Amended]
41. Newly designated Sec. 93.316 is amended by removing the
reference to ``Sec. 92.306'' and adding in its place a reference to
``Sec. 93.306''.
Sec. 93.317 [Amended]
42. In newly designated Sec. 93.317, paragraph (a) is amended by
removing the reference to ``Sec. 92.306'' and adding in its place a
reference to ``Sec. 93.306'', and by removing the reference to
``Sec. 92.314'' each time it appears and adding in its place a
reference to ``Sec. 93.314''.
Sec. 93.318 [Amended]
43. Newly designated Sec. 93.318 is amended as follows:
a. In paragraph (a)(1), by removing the reference to
``Sec. 92.304'' and adding in its place a reference to
``Sec. 93.304'', and by removing the reference to ``Sec. 92.301''
and adding in its place a reference to ``Sec. 93.301''.
b. In paragraph (b), by removing the reference to
``Sec. 92.317(b)'' and adding in its place a reference to
``Sec. 93.317(b)''.
c. In paragraph (b), by removing the word ``country'' and adding
in its place the word ``region''.
44. The undesignated center heading immediately preceding
Sec. 93.319 is revised to read ``CENTRAL AMERICA AND THE WEST
INDIES\17\'', and footnote 17 is amended by removing word ``countries''
and adding in its place the word ``regions'', and by removing the
reference to ``Secs. 92.319 and 92.320'' and adding in its place a
reference to ``Secs. 93.319 and 93.320''.
Sec. 93.319 [Amended]
45. Newly designated Sec. 93.319 is amended by removing the word
``countries'' and adding in its place the word ``regions'', and by
removing the reference to ``Sec. 92.305'' and adding in its place a
reference to ``Sec. 93.305''.
Sec. 93.320 [Amended]
46. Newly designated Sec. 93.320 is amended by removing the
reference to ``Sec. 92.306'' and adding in its place a reference to
``Sec. 93.306'', by removing the reference to ``Sec. 92.314'' and
adding in its place a reference to ``Sec. 93.314'', and by removing the
reference to ``Sec. 92.308 (a), (b) and (c)'' and adding in its place a
reference to ``Sec. 93.308 (a), (b), and (c)''.
47. Preceding newly designated Sec. 93.321, in the undesignated
center heading ``MEXICO\18\'', footnote 18 is amended by removing the
reference to ``Secs. 92.321 to 92.326'' and adding in its place a
reference to ``Secs. 93.321 to 93.326''.
Sec. 93.322 [Amended]
48. Newly designated Sec. 93.322 is amended by removing the
reference to ``Sec. 92.305'' and adding in its place a reference to
``Sec. 93.305''.
Sec. 93.323 [Amended]
49. In newly designated Sec. 93.323, paragraphs (a) and (b) are
amended by removing the references to ``Sec. 92.324'' and adding in
their place a reference to ``Sec. 93.324''.
Sec. 93.324 [Amended]
50. Newly designated Sec. 93.324 is amended by removing the
reference to ``Sec. 92.303(a)'' and adding in its place a reference to
``Sec. 93.303(a)''.
Sec. 93.325 [Amended]
51. Newly designated Sec. 93.325 is amended by removing the
reference to ``Secs. 92.306 and 92.323'' and adding in its place a
reference to ``Secs. 93.306 and 93.323'', by removing the reference to
``Sec. 92.314'' and adding in its place a reference to ``93.314'', and
by removing the reference to ``Sec. 92.324'' and adding in its place a
reference to ``Sec. 93.324''.
Sec. 93.326 [Amended]
52. Newly designated Sec. 93.326 is amended by removing the
reference to ``Secs. 92.321, 92.322, 92.323, and 92.324'' and adding in
its place a reference to ``Secs. 93.321, 93.322, 93.323, and 93.324'',
and by removing the words ``in Sec. 92.324'' and adding in their place
the words ``in Sec. 93.324''.
Subpart D--Ruminants
53. In newly designated Sec. 93.400, the definition of Brucellosis
certified free province and territories of Canada is revised, and a new
definition of Region is added, in alphabetical order, to read as
follows:
Sec. 93.400 Definitions.
* * * * *
Brucellosis certified-free province or territory of Canada. A
province or territory of Canada in which all herds of cattle are
brucellosis certified free. The brucellosis certified free provinces
and territories of Canada are Alberta, British Columbia, Manitoba, New
Brunswick, Newfoundland (including Labrador), Northwest Territories,
Nova Scotia, Ontario, Quebec, Prince Edward Island, Saskatchewan, and
Yukon Territory.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.);
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.401 [Amended]
54. Newly designated Sec. 93.401 is amended as follows:
a. In paragraph (a), footnote 3, by removing the word
``countries'' and adding the word ``regions'' in its place;
b. In paragraph (b), introductory text, by removing the word
``country'' and adding the word ``region'' in its place, and by
removing the reference to ``Sec. 92.404'' and adding in its place a
reference to ``Sec. 93.404''.
Sec. 93.402 [Amended]
55. In newly designated Sec. 93.402, paragraph (a) is amended by
removing the word ``country'' and adding the word ``region'' in its
place.
Sec. 93.403 [Amended]
56. In newly designated Sec. 93.403, paragraph (g), the references
to
[[Page 56018]]
``Secs. 92.401, 92.404(a), 92.407, 92.408, 92.433, and 92.434'' are
removed, and references to ``Secs. 93.401, 93.404(a), 93.407, 93.408,
93.433, and 93.434'' are added in their place.
Sec. 93.404 [Amended]
57. Newly designated Sec. 93.404 is amended as follows:
a. In paragraph (a)(1), by removing the reference to
``Secs. 92.417, 92.422, and 92.424'' and adding in its place a
reference to ``Secs. 93.417, 93.422, and 93.424''.
b. In paragraph (a)(2), by removing the reference to
``Sec. 92.430'' and adding in its place a reference to
``Sec. 93.430''.
c. In paragraph (c)(4), ``Agreement for the Importation,
Quarantine and Exhibition of Certain Wild Ruminants and Wild
Swine'', paragraph 2, the first sentence, by removing the words
``this country'' and adding in their place the words ``the United
States''.
d. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a)(1).
ii. Paragraph (a)(2).
iii. Paragraph (a)(3).
iv. Paragraph (b).
v. Paragraph (c)(4), in the ``Agreement for the Importation,
Quarantine and Exhibition of Certain Ruminants and Swine'', in the
introductory text and in paragraph (1) and paragraph (2).
e. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. Paragraph (a)(3).
ii. Paragraph (c), the heading and the introductory text.
f. In paragraph (c)(4), the ``Agreement for the Importation,
Quarantine and Exhibition of Certain Ruminants and Swine'',
introductory text, by removing the reference to ``part 92'' and
adding in its place a reference to ``part 93''.
Sec. 93.405 [Amended]
58. Newly designated Sec. 93.405 is amended as follows:
a. In paragraph (a), by removing the reference to
``Secs. 92.418(a), 92.419(a), 92.423(c), and 92.428(d)'' and adding
in its place a reference to ``Secs. 93.418(a), 93.419(a), 93.423(c),
and 93.428(d)''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a), introductory text.
ii. Paragraph (a)(1).
iii. Paragraph (a)(2).
iv. Paragraph (c)(3).
c. In paragraph (b)(2)(ii), by removing the reference to
``Sec. 92.435(a)'' and adding in its place a reference to
``Sec. 93.435(a)''.
d. In paragraph (c)(3), by removing the reference to
``Sec. 92.435(a)'' and adding in its place a reference to
``Sec. 93.435(a)''.
Sec. 93.406 [Amended]
59. Newly designated Sec. 93.406 is amended as follows:
a. In paragraph (a), by removing the reference to
``Secs. 92.418, 92.427(c) and (d), and 92.432'' and adding in its
place a reference to ``Secs. 93.418, 93.427(c) and (d), and
93.432'', and by removing the word ``country'' and adding the word
``region'' in its place.
b. In paragraph (b), by removing the reference to ``Secs. 92.419
and 92.428(b)'' and adding in its place a reference to
``Secs. 93.419 and 93.428(b),'' and by removing the word ``country''
and adding in its place the word ``region'.
c. In paragraph (c), by removing the reference to
``Sec. 92.411'' and adding in its place a reference to
``Sec. 93.411''.
Sec. 93.408 [Amended]
60. Newly designated Sec. 93.408 is amended by removing the
reference to ``Secs. 92.421 and 92.426'' and adding in its place a
reference to ``Secs. 93.421 and 93.426'', and by removing the reference
to ``Secs. 92.423(c) and 92.427(a)'' and adding in its place a
reference to ``Secs. 93.423(c) and 93.427(a)''.
61. Preceding newly designated Sec. 93.417, in the undesignated
center heading ``CANADA \7\'', footnote 7 is amended by removing the
reference to ``Secs. 92.417 to 92.421'' and adding in its place a
reference to ``Secs. 93.417 to 93.421''.
Sec. 93.417 [Amended]
62. Newly designated Sec. 93.417 is amended as follows:
a. In paragraph (a), introductory text, by removing the
reference to ``Sec. 92.404'' and adding in its place a reference to
``Sec. 93.404'', and by removing the reference to ``Sec. 92.403(b)''
and adding in its place a reference to ``Sec. 93.403(b)''.
b. In paragraph (a)(3)(i) and paragraph (a)(3)(ii), by removing
the word ``country'' and adding in its place the word ``region'.
c. In paragraph (b), by removing the reference to
``Sec. 92.407'' and adding in its place a reference to
``Sec. 93.407''.
63. Newly designated Sec. 93.418 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.420'' and adding in its place a reference to
``Sec. 93.420'', and by removing the reference to ``Sec. 92.405(a)''
and adding in its place a reference to ``Sec. 93.405(a)'.
b. In paragraph (b)(2)(i), by removing the reference to
``Sec. 92.420'' and adding in its place a reference to
``Sec. 93.420''.
c. By revising paragraph (c) to read as set forth below.
d. In paragraph (d)(4), by removing the reference to ``paragraph
(c)(5)'' and adding in its place a reference to ``paragraph
(c)(2)(ii)(C)''.
Sec. 93.418 Cattle from Canada.
* * * * *
(c) Brucellosis test or vaccination certificates. (1) Cattle from
Canada from a herd in which any cattle have been determined to have
brucellosis may not be imported into the United States;
(2) Except for cattle prohibited from importation into the United
States under paragraph (c)(1) of this section, cattle 6 months of age
or older from Canada may be imported into the United States if the
following conditions are met:
(i) The cattle are imported for slaughter in accordance with
Sec. 92.420;
(ii) The cattle are steers; or
(iii) The cattle are accompanied by a certificate issued or
endorsed by a salaried veterinarian of the Canadian government showing:
(A) That the cattle are from a brucellosis certified-free herd,
province, or territory; or
(B) The date and place the cattle were last tested for brucellosis;
that the cattle were found negative for brucellosis on such test; and
that such test was performed within 30 days preceding the arrival of
the cattle at the port of entry; or
(C) That the female cattle under 18 months of age were vaccinated
against brucellosis in accordance with Canadian regulations.
* * * * *
Sec. 93.419 [Amended]
64. In newly designated Sec. 93.419, paragraph (a) is amended by
removing the reference to ``Sec. 92.420'' and adding in its place a
reference to Sec. 93.420''; and by removing the reference to
``Sec. 92.405'' and adding in its place a reference to ``Sec. 93.405''.
Sec. 93.420 [Amended]
65. Newly designated Sec. 92.420 is amended by removing the
reference to ``Sec. 92.408'' and adding in its place a reference to
``Sec. 93.408''.
Sec. 93.421 [Amended]
66. Newly designated Sec. 93.421 is amended as follows:
a. In paragraph (a)(1), by removing the reference to
``Sec. 92.404'' and adding in its place a reference to
``Sec. 93.404'', and by removing the reference to ``Sec. 92.401''
and adding in its place a reference to ``Sec. 93.401''.
b. In paragraph (b), by removing the word ``country'' and adding
in its place the word ``region''.
67. Preceding newly designated Sec. 93.422, the undesignated center
heading ``COUNTRIES OF CENTRAL AMERICA AND WEST INDIES8'' is
revised to read ``CENTRAL AMERICA AND WEST INDIES8'', and
footnote 8 is amended by removing the word ``countries'' and adding in
its place the word ``regions'', and by removing the reference to
``Secs. 92.422 and 92.423'' and adding in its place a reference to
``Secs. 93.422 and 93.423''.
[[Page 56019]]
Sec. 93.422 [Amended]
68. Newly designated Sec. 93.422 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.404'' and adding in its place a reference to
``Sec. 93.404'', and by removing the reference to ``Sec. 92.423''
and adding in its place a reference to ``Sec. 93.423''.
b. In paragraph (b), by removing the reference to
``Sec. 92.407'' and adding in its place a reference to
``Sec. 93.407''.
69. In newly designated Sec. 93.422, paragraphs (a) and (b) are
amended by removing the word ``countries'' and adding in its place the
word ``regions''.
Sec. 93.423 [Amended]
70. Newly designated Sec. 93.423 is amended as follows:
a. In paragraph (a), by removing the word ``country'' each time
it appears and adding in its place the word ``region''; by removing
the reference to ``Sec. 92.405(a)'' and adding in its place a
reference to ``Sec. 93.405(a)''; and by removing the reference to
``Sec. 92.420'' and adding in its place a reference to
``Sec. 93.420''.
b. In paragraph (b), by removing the reference to
``Sec. 92.405'' and adding in its place a reference to
``Sec. 93.405''.
c. In paragraph (c), by removing the reference to
``Sec. 92.403(d)'' and adding in its place a reference to
``Sec. 93.403(d)''.
71. Preceding newly designated Sec. 93.424, in the undesignated
center heading ``MEXICO 9'', footnote 9 is amended by
removing the reference to ``Secs. 92.424 to 92.429,'' and adding in its
place a reference to ``Secs. 93.424 to 93.429''.
Sec. 93.424 [Amended]
72. Newly designated ``Sec. 93.424'' is amended as follows:
a. In paragraph (a), introductory text, by removing the
reference to ``Sec. 92.404'' and adding in its place a reference to
``Sec. 93.404''; and by removing the reference to ``Sec. 92.403(c)''
and adding in its place a reference to ``Sec. 93.403(c)''.
b. In paragraph (a)(3)(i) and paragraph (a)(3)(ii), by removing
the word ``country'' each time it appears and adding in its place
the word ``region''.
c. In paragraph (a)(3)(iii), by removing the word ``countries''
and adding in its place the word ``regions''.
d. In paragraph (b), by removing the reference to
``Sec. 92.427(d)'' each time it appears and adding in its place a
reference to ``Sec. 93.427(d)''.
Sec. 93.425 [Amended]
73. Newly designated Sec. 93.425 is amended by removing the
reference to ``Sec. 92.407'' and adding in its place a reference to
``Sec. 93.407''.
Sec. 93.426 [Amended]
74. Newly designated Sec. 93.426 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.427'' and adding in its place a reference to
``Sec. 93.427''.
b. In paragraph (b), by removing the reference to
``Sec. 92.403'' and adding in its place a reference to
``Sec. 93.403''.
Sec. 93.427 [Amended]
75. Newly designated Sec. 93.427 is amended as follows:
a. By removing the reference to ``Sec. 92.405(a)'' and adding in
its place a reference to Sec. 93.405(a) in the following places:
i. Paragraph (b)(1).
ii. Paragraph (b)(2)(i).
iii. Paragraph (b)(2)(ii).
iv. Paragraph (c)(1).
v. Paragraph (d)(1), introductory text.
b. In paragraph (b)(2), introductory text, by removing the
reference to ``Sec. 92.403(c)'' and adding in its place a reference
to ``Sec. 93.403(c)''.
c. In paragraph (c)(1), by removing the word ``country's'' and
adding in its place the word ``region's''.
d. In paragraph (c)(1) and paragraph (c)(2), by removing the
reference to ``Sec. 92.429'' each time it appears and adding in its
place a reference to ``Sec. 93.429''.
e. In paragraph (c)(2), by removing the reference to
``Sec. 92.427(e)'' and adding in its place a reference to
``Sec. 93.427(e)''.
Sec. 93.428 [Amended]
76. Newly designated Sec. 93.428 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.405'' and adding in its place a reference to
``Sec. 93.405'', and by removing the reference to ``Sec. 92.427(a)''
and adding in its place a reference to ``Sec. 93.427(a)''.
b. In paragraph (b), by removing the reference to
``Sec. 92.427'' and adding in its place a reference to
``Sec. 93.427''.
c. In paragraph (d), by removing the reference to
``Sec. 92.426'' and adding in its place a reference to
``Sec. 93.426''.
Sec. 93.429 [Amended]
77. Newly designated Sec. 93.429 is amended by removing the
reference to ``Secs. 92.424, 92.425, 92.426, and 92.427(b)(2)'' and
adding in its place a reference to ``Secs. 93.424, 93.425, 93.426, and
93.427(b)(2)'', and by removing the reference to ``Sec. 92.405(a)'' and
adding in its place a reference to ``Sec. 93.405(a)''.
Sec. 93.430 [Amended]
78. Newly designated Sec. 92.430 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (c)(1).
ii. Paragraph (d), ``Cooperative Services Agreement Between
(Name of Importer) and the United States Department of Agriculture,
Animal and Plant Health Inspection Service'', under ``The importer
agrees:'', paragraph 4.
iii. Paragraph (d), ``Cooperative Services Agreement Between
(Name of Importer) and the United States Department of Agriculture,
Animal and Plant Health Inspection Service'', under ``Both parties
agree:'', paragraph 4.
b. In paragraph (d), ``Cooperative Services Agreement Between
(Name of Importer) and the United States Department of Agriculture,
Animal and Plant Health Inspection Service'', under ``The importer
agrees:'', paragraph 7, by removing the reference to ``9 CFR
92.431'' and adding in its place a reference to ``9 CFR 93.431''.
Sec. 93.431 [Amended]
79. Newly designated Sec. 93.431 is amended as follows:
a. In paragraph (a)(4), by removing the reference to
``Sec. 92.430(d)'' both times it appears and adding in its place a
reference to ``Sec. 93.430(d)''.
b. In paragraph (b)(2)(iv) and paragraph (b)(4), by removing the
word ``country'' and adding in its place the word ``region''.
Sec. 93.432 [Amended]
80. Newly designated Sec. 93.432 is amended as follows:
a. In paragraph (a), by removing the reference to
``Sec. 92.432(c)'' and adding in its place a reference to
``Sec. 93.432(c)''.
b. In paragraph (b)(2), introductory text, by removing the
reference to ``Sec. 92.432(c)(1)'' and adding in its place a
reference to ``Sec. 93.432(c)(1)''.
Sec. 93.434 [Amended]
81. Newly designated Sec. 93.434 is amended as follows:
a. In paragraph (a) and the introductory text of paragraph (b),
by removing the reference to ``Sec. 92.412'' each time it appears
and adding in its place a reference to ``Sec. 93.412''.
b. In paragraph (b)(2)(i)(A), by removing the reference to
``Sec. 92.403(g)'' and adding in its place a reference to
``Sec. 93.403(g)''.
Sec. 93.435 [Amended]
82. Newly designated Sec. 93.435 is amended as follows:
a. In paragraph (b)(2), by removing the reference to
``Sec. 92.405(b)(2)(ii)'' and adding in its place a reference to
``Sec. 93.405(b)(2)(ii)''.
b. By removing the word ``country'' and adding in its place the
word ``region'' in the following places:
i Paragraphs (b)(2) and (b)(3).
ii. Paragraph (d).
iii. Paragraph (e).
iv. Paragraph (g)(2)(i) and (g)(2)(ii).
c. In paragraph (b)(3), by removing the reference to
``Sec. 92.405(c)(3)'' and adding in its place a reference to
``Sec. 93.405(c)(3)''.
d. In paragraph (b)(6), by removing the reference to
``Sec. 92.404(c)'' and adding in its place a reference to
``Sec. 93.404(c)''.
Subpart E--Swine
83. Newly designated 93.500 is amended by adding a definition of
[[Page 56020]]
Region, in alphabetical order, to read as follows:
Sec. 93.500 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.);
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.501 [Amended]
84. In newly designated Sec. 93.501, paragraph (b), the
introductory text is amended by removing the reference to ``part 92''
and adding in its place a reference to ``part 93''; by removing the
word ``country'' and adding in its place the word ``region''; and by
removing the reference to ``Sec. 92.504'' and adding in its place a
reference to ``Sec. 93.504''.
Sec. 93.502 [Amended]
85. In newly designated Sec. 93.502, paragraph (a) is amended by
removing the word ``country'' and adding in its place the word
``region''.
Sec. 93.504 [Amended]
86. Newly designated Sec. 93.504 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a)(1).
ii. Paragraph (a)(2).
iii. Paragraph (a)(3).
iv. Paragraph (b).
v. Paragraph (c)(4), ``Agreement for the Importation, Quarantine
and Exhibition of Certain Wild Ruminants and Wild Swine'', in the
introductory text, paragraph (1), and paragraph (2).
b. In paragraph (a)(1), by removing the reference to
``Secs. 92.516 and 92.520'' and adding in its place a reference to
``Secs. 93.516 and 93.520''.
c. In paragraph (a)(2), by removing the reference to
``Sec. 92.522'' and adding in its place a reference to
``Sec. 93.522''.
d. By removing the word ``countries'' and replacing it with the
word ``regions'' in the following places:
i. Paragraph (a)(3).
ii. Paragraph (c) in the heading and in the introductory text.
e. In paragraph (c)(4), ``Agreement for the Importation,
Quarantine and Exhibition of Certain Wild Ruminants and Wild Swine,
introductory text, by removing the reference to ``part 92'' and
adding in its place a reference to ``part 93''.
Sec. 93.505 [Amended]
87. In newly designated Sec. 93.505, paragraph (a) is amended by
removing the reference to Sec. 92.517'' and adding in its place a
reference to ``Sec. 93.517'', and by removing the word ``country'' each
time it appears and adding in its place the word ``region'.
Sec. 93.507 [Amended]
88. Newly designated Sec. 93.507 is amended by removing the
reference to ``Sec. 92.519'' and adding in its place a reference to
``Sec. 93.519''.
89. Preceding newly designated Sec. 93.516, in the undesignated
center heading ``CANADA\7\'', footnote 7 is amended by removing the
reference to ``Secs. 92.516 to 92.519'' and adding in its place a
reference to ``Secs. 93.516 to 93.519''.
Sec. 93.516 [Amended]
90. Newly designated Sec. 93.516 is amended as follows:
a. In paragraph (a), introductory text, by removing the
reference to ``Sec. 92.504'' and adding in its place a reference to
``Sec. 93.504'', and by removing the reference to ``Sec. 92.503(b)''
and adding in its place a reference to ``Sec. 93.503(b)''.
b. In paragraph (a)(1) and paragraph (a)(2), by removing the
word ``country'' each time it appears and adding in its place the
word ``region''.
c. In paragraph (b), by removing the reference to
``Sec. 92.506'' and adding in its place a reference to
``Sec. 93.506''.
Sec. 93.517 [Amended]
91. In newly designated Sec. 93.517, paragraph (b) is amended by
removing the reference to Sec. 92.507, 92.516, and 92.518'' and adding
in its place a reference to ``Secs. 93.507, 93.516, and 93.518''.
Sec. 93.519 [Amended]
92. Newly designated Sec. 93.519 is amended as follows:
a. In paragraph (a)(1), by removing the reference to
``Sec. 92.504'' and adding in its place a reference to
``Sec. 93.504'', and by removing the reference to ``Sec. 92.501''
and adding in its place a reference to ``Sec. 93.501''.
b. In paragraph (b), by removing the word ``country'' and adding
in its place the word ``region''.
93. Preceding newly designated Sec. 93.520, the undesignated center
heading ``COUNTRIES OF CENTRAL AMERICA AND WEST INDIES\8\'' is revised
to read ``CENTRAL AMERICA AND WEST INDIES\8\'', and footnote 8 is
amended by removing the word ``countries'' and adding in its place the
word ``regions'', and by removing the reference to ``Secs. 92.520 to
92.522'' and adding in its place a reference to ``Secs. 93.520 to
93.522.''
Sec. 93.520 [Amended]
94. Newly designated Sec. 93.520 is amended by removing the
reference to ``Sec. 92.506'' and adding in its place a reference to
``Sec. 93.506''.
95. Preceding newly designated Sec. 93.521, in the undesignated
center heading ``MEXICO\9\'', footnote 9 is amended by removing the
reference to ``Sec. 92.521'' and adding in its place a reference to
``Sec. 93.521''.
Sec. 93.521 [Amended]
96. Newly designated Sec. 93.521 is amended by removing the
reference to ``Sec. 92.506'' and adding in its place a reference to
``Sec. 93.506''.
Sec. 93.522 [Amended]
97. Newly designated Sec. 93.522 is amended as follows:
a. In paragraph (c)(1), by removing the words ``country or
area'' and adding in their place the word ``region''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (c)(3).
ii. Paragraph (d), ``Cooperative-Services Agreement Between
(Name of Importer) and the United States Department of Agriculture,
Animal and Plant Health Inspection Service'', under ``The importer
agrees:'', paragraph 4.
iii. Paragraph (d), ``Cooperative-Services Agreement Between
(Name of Importer) and the United States Department of Agriculture,
Animal and Plant Health Inspection Service'', under ``Both parties
agree:'', paragraph 4.
c. In paragraph (d), ``Cooperative-Services Agreement Between
(Name of Importer) and the United States Department of Agriculture,
Animal and Plant Health Inspection Service'', under ``The importer
agrees:'', paragraph 7, by removing the reference to ``Sec. 92.523''
and adding in its place a reference to ``Sec. 93.523''.
Sec. 93.523 [Amended]
98. Newly designated Sec. 93.523 is amended as follows:
a. In paragraph (a)(4), by removing the reference to
``Sec. 92.522(d)'' both times it appears and adding in its place a
reference to ``Sec. 93.522(d)''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b)(2)(iv).
ii. Paragraph (b)(2)(viii).
iii. Paragraph (b)(4)
Subpart F--Dogs
Sec. 93.600 [Amended]
99. Newly designated Sec. 93.600 is amended by removing the word
``countries'' and adding in its place the word ``regions''.
[[Page 56021]]
Subpart G--Miscellaneous Animals
100. In newly designated Sec. 93.700, a definition of Region is
added, in alphabetical order, to read as follows:
Sec. 93.700 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.701 [Amended]
101. Newly designated Sec. 93.701 is amended by removing the word
``country'' both times it appears and adding in its place the word
``region'.
Sec. 93.702 [Amended]
102. Newly designated Sec. 93.702 is amended by removing the
reference to ``Sec. 92.701'' and adding in its place a reference to
``Sec. 93.701''.
Sec. 93.704 [Amended]
103. Newly designated Sec. 93.704 is amended by removing the word
``country'' each time it appears and adding in its place the word
``region'' in the paragraph (c)(1) and paragraph (c)(4).
Sec. 93.705 [Amended]
104. Newly designated Sec. 93.705 is amended by removing the word
``country'' each time it appears and adding in its place the word
``region'' in the following places:
a. Paragraph (a), introductory text.
b. Paragraph (a)(1).
c. Paragraph (a)(2).
d. Paragraph (a)(3).
Subpart H--Elephants, Hippopotami, Rhinoceroses, and Tapirs
105. Newly designated Sec. 93.800 is amended by adding a definition
of Region, in alphabetical order, to read as follows:
Sec. 93.800 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 93.803 [Amended]
106. In newly designated Sec. 93.803, paragraph (a), the
introductory text is amended by removing the word ``country'' each time
it appears and adding in its place the word ``region'.
Sec. 93.804 [Amended]
107. In newly designated Sec. 93.804, paragraph (g) is amended by
removing the word ``country'' and adding in its place the word
``region''.
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
108. The authority citation for part 94 continues to read as
follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, 450; 19 U.S.C. 1306;
21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and
371.2(d).
109. In Sec. 94.0, the definition of Country of origin is removed
and definitions of Cervid, Contact, Pink juice test, Region, Region of
origin, Ruminants, and Veterinarian in charge are added, in
alphabetical order, to read as follows:
Sec. 94.0 Definitions.
* * * * *
Cervid. All species of deer, elk, and moose.
* * * * *
Contact. Known or potential commingling of products during
processing or storage, or while being transported from any point to any
other point. Contact includes the simultaneous processing in the same
room, locker, or container, but not necessarily the same storage
facility or conveyance, as long as adequate security measures are taken
to prevent commingling, as determined by an authorized APHIS
representative.
* * * * *
Pink juice test. Determination of whether meat has been thoroughly
cooked by observation of whether the flesh and juices have lost all red
and pink color.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
Region of origin. For meat and meat products, the region in which
the animal from which the meat or meat products were derived was born,
raised and slaughtered; and for eggs, the region in which the eggs were
laid.
Ruminants. All animals that chew the cud, such as cattle,
buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.
* * * * *
Veterinarian in Charge. The veterinary official of the Animal and
Plant Health Inspection Service, United States Department of
Agriculture, who is assigned by the Administrator to supervise and
perform the official animal health work of the Animal and Plant Health
Inspection Service in the State or area concerned.
* * * * *
Sec. 94.1 [Amended]
110. Section 94.1 is amended as follows:
a. By removing the word ``Countries'' in the heading to the
section and adding in its place the word ``Regions''.
b. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. Paragraph (a)(1);
ii. Paragraph (a)(2);
iii. Paragraph (b).
c. By removing the words ``fresh, chilled, or frozen'' each time
they appear and adding in their place the words ``fresh (chilled or
frozen)'' in paragraph (b) and paragraph (c).
d. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b).
ii. Paragraph (c), introductory text.
iii. Paragraph (c)(2).
iv. Paragraph (c)(3).
v. Paragraph (c)(5).
Sec. 94.1a [Amended]
111. Section 94.1a is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a), introductory text.
ii. Paragraph (a)(2).
iii. Paragraph (a)(7).
iv. Paragraph (a)(8), introductory text.
b. In paragraph (a)(7) and in paragraph (a)(8), introductory
text, by removing the word ``countries'' each time it appears and
adding in its place the word ``regions''.
[[Page 56022]]
Sec. 94.2 [Amended]
112. Section 94.2 is amended as follows:
a. In the heading to the section, by removing the words ``Fresh,
chilled, or frozen'' and adding in their place the words ``Fresh
(chilled or frozen)'';
b. In paragraph (a), by removing the words ``fresh, chilled, or
frozen'' and adding in their place the words ``fresh (chilled or
frozen)''.
c. In paragraphs (a) and (b), by removing the word ``country''
each time it appears and adding in its place the word ``region''.
Sec. 94.3 [Amended]
113. Section 94.3 is amended by removing the words ``fresh,
chilled, or frozen'' and adding in their place the words ``fresh
(chilled or frozen)'' and by removing the word ``country'' and adding
in its place the word ``region''.
Sec. 94.4 [Amended]
114. Section 94.4 is amended as follows:
a. In the heading to the section, by removing the word
``countries'' and adding in its place the word ``regions''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a), introductory text.
ii. Paragraph (a)(1).
iii. Paragraph (a)(4).
iv. Paragraph (b), introductory text.
v. Paragraph (b)(7).
vi. Paragraph (c)(1)(iii).
vii. Paragraph (c)(2)(iv).
Sec. 94.5 [Amended]
115. In Sec. 94.5, paragraph (b)(1)(i)(A) is amended by removing
the word ``country'' and adding the word ``region'' in its place, and
by removing the word ``countries'' and adding the word ``regions'' in
its place.
Sec. 94.6 [Amended]
116. Section 94.6 is amended as follows:
a. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. The heading to the section.
ii. Paragraphs (a)(1) and (a)(2).
iii. Paragraph (b)(1).
iv. Paragraph (b)(2).
v. The heading to paragraph (c).
vi. The heading to paragraph (d).
b. In the heading to paragraph (a) and in the heading to
paragraph (b), by removing the word ``Countries'' each time it
appears and adding in its place the word ``Regions''.
c. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (c), introductory text.
ii. Paragraph (d), introductory text.
iii. Paragraph (d)(1), introductory text.
iv. Paragraph (d)(1)(i).
v. Paragraph (d)(1)(iii).
vi. Paragraph (d)(1)(v).
vii. Paragraph (d)(1)(viii).
viii. Paragraph (d)(1)(ix), introductory text.
ix. Paragraph (d)(1)(ix)(C)(1).
x. Paragraph (d)(1)(ix)(C)(2).
xi. Paragraph (d)(1)(x), introductory text.
xii. Paragraph (d)(1)(x)(C)(1).
xiii. Paragraph (d)(1)(x)(C)(2).
xiv. Paragraph (d)(1)(x)(C)(3).
Sec. 94.7 [Amended]
117. Section 94.7 is amended as follows:
a. By removing the words ``fresh, chilled, or frozen'' wherever
they appear and adding in their place the words ``fresh (chilled or
frozen)'' in the following places:
i. Paragraph (a);
ii. Paragraph (b);
iii. Paragraph (c);
iv. Paragraph (d).
b. By removing the reference to ``Sec. 94.1,'' each time it
appears and adding in its place a reference to ``Secs. 94.1, 94.8,
94.9, 94.10, 94.12, 94.14, or 94.18,'' in the following places:
i. Paragraph (a).
ii. Paragraph (b).
iii. Paragraph (c).
iv. Paragraph (d).
Sec. 94.8 [Amended]
118. Section 94.8 is amended as follows:
a. In paragraph (a)(3)(iv)(A), by removing the words ``countries
or parts of countries'' and adding in their place the word
``regions''.
b. In the heading to the section, by removing the word
``countries'' and adding in its place the word ``regions''.
c. In footnote 7, before paragraph (1), by removing the words
``country or a part of a country'' and adding in their place the
word ``region'', and, in paragraph (4), by removing the words ``this
country'' and adding in their place the words ``the United States''.
d. By removing the words ``country or part of a country'' and
adding in their place the word ``region'' in the following places:
i. Paragraph (a), introductory text.
ii. Paragraph (a)(3)(i)(A).
iii. Paragraph (a)(3)(i)(B).
iv. Paragraph (a)(3)(v).
v. Paragraph (c).
e. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places.
i. Footnote 7 to the introductory text of the section.
ii. Paragraph (a)(3)(i)(B).
iii. Paragraph (a)(3)(i)(C).
iv. Paragraph (a)(3)(i)(D).
v. Paragraph (a)(3)(vi).
f. In footnote 7 to the introductory text of the section, by
removing the word ``country's'' and adding in its place the word
``region's''.
Sec. 94.9 [Amended]
119. Section 94.9 is amended as follows:
a. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. The heading to the section.
ii. Paragraph (a), introductory text.
iii. Paragraph (b)(1)(iii)(C)(2).
iv. Paragraph (c).
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b), introductory text.
ii. Paragraph (b)(1)(ii)(A).
iii. Paragraph (b)(1)(iii)(A).
iv. Paragraph (b)(1)(iii)(C), introductory text.
v. Paragraph (b)(1)(iii)(C)(1).
vi. Paragraph (b)(1)(iii)(C)(2).
vii. Paragraph (b)(3).
Sec. 94.10 [Amended]
120. Section 94.10 is amended as follows:
a. In the heading to the section and in paragraph (a), by
removing the word ``countries'' and adding in its place the word
``regions''.
b. In paragraph (a), by removing the word ``country'' and adding
in its place the word ``region''.
c. In paragraph (b), by removing the reference to
``Sec. 92.504(c) or Sec. 92.501'' and adding in its place a
reference to ``Sec. 93.504(c) or Sec. 93.501''.
Sec. 94.11 [Amended]
121. Section 94.11 is amended as follows:
a. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. The heading to the section.
ii. Paragraph (a).
iii. Paragraph (b).
iv. Paragraph (c), introductory text.
b. In paragraph (a), by removing the words ``fresh, chilled, or
frozen'' both times they appear and adding in their place the words
``fresh (chilled or frozen)''.
c. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a).
ii. Paragraph (c), introductory text.
iii. Paragraph (c)(1).
iv. Paragraph (c)(2).
v. Paragraph (c)(3).
122. Section 94.12 is amended as follows:
a. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. The heading to the section.
ii. Paragraph (a).
iii. Paragraph (b)(1)(iv)(B)(2)(ii).
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b), introductory text.
ii. Paragraph (b)(1)(ii)(A).
iii. Paragraph (b)(1)(iii)(A).
iv. Paragraph (b)(1)(iv), introductory text.
v. Paragraph (b)(1)(iv)(A).
vi. Paragraph (b)(1)(iv)(B)(1).
vii. Paragraph (b)(1)(iv)(B)(2)(i).
viii. Paragraph (b)(3).
c. By revising paragraph (b)(1)(iii)(B) to read as follows:
[[Page 56023]]
Sec. 94.12 Pork and pork products from countries where swine vesicular
disease exists.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(B) Such pork or pork products shall be consigned directly from the
port of entry in the United States to a meat processing establishment
operating under Federal meat inspection and approved by the
Administrator,\11\ for heating to an internal temperature of 166
deg.F. During movement from the port of entry to the meat processing
establishment, the pork or pork products must be moved under Department
seals or seals of the the U.S. Customs Service, and shall be otherwise
handled as the Administrator may direct in order to guard against the
introduction and dissemination of swine vesicular disease. Seals
applied under this section may not be broken except by persons
authorized by the Administrator to do so; or
---------------------------------------------------------------------------
\11\ The names and addresses of approved establishments may be
obtained from, and request for approval of any establishment may be
made to, the Animal and Plant Health Inspection Service, Veterinary
Services, National Center for Import-Export, 4700 River Road Unit
38, Riverdale, Maryland 20737-1231. Establishments will be approved
only if the Administrator determines that the imported articles will
be so handled at the establishment as to prevent the introduction
and dissemination of livestock or poultry diseases into the United
States. Approval of any establishment may be refused or withdrawn
only after the operator thereof has been given notice of the
proposed action and has had an opportunity to present his views
thereon.
---------------------------------------------------------------------------
* * * * *
Sec. 94.13 [Amended]
123. Section 94.13 is amended as follows:
a. In the heading to the section and in the introductory text to
the section, by removing the word ``countries'' each time it appears
and adding in its place the word ``regions''.
b. In the introductory text to the section, by removing the
words ``fresh, chilled, or frozen'' both times they appear and
adding in their place the words ``fresh (chilled or frozen)''.
c. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. The introductory text to the section.
ii. Paragraph (b), introductory text.
iii. Paragraph (b)(1).
iv. Paragraph (b)(2).
Sec. 94.14 [Amended]
124. Section 94.14 is amended as follows:
a. In the heading to the section and in paragraph (a), by
removing the word ``countries'' and adding in its place the word
``regions'.
b. In paragraph (a), by removing the word ``country'' and adding
in its place the word ``region'.
c. In paragraph (b), by removing the reference to ``Sec. 92.501
or Sec. 92.504(c)'' and adding in its place a reference to
``Sec. 93.501 or Sec. 93.504(c)'.
125. In Sec. 94.15, paragraph (c) is amended by removing the word
``countries'' both times it appears and adding in its place the word
``regions'', and a new paragraph (d) is added to read as follows:
Sec. 94.15 Animal products and materials; movement and handling.
* * * * *
(d) Any meat or other animal products not otherwise eligible for
entry into the United States, as provided in this part and part 95 of
this chapter, may transit the United States for immediate export if the
following conditions are met:
(1) Notification of the transiting of such meat or other animal
product is made by the importer to the Plant Protection and Quarantine
officer at the United States port of arrival prior to such transiting;
(2) The meat or other animal product is contained in a sealed,
leakproof carrier or container, which remains sealed while aboard the
transporting carrier or other means of conveyance, or, if the container
or carrier in which the meat or other animal product is transported is
offloaded in the United States for reshipment, it remains sealed at all
times;
(3) Such transit is limited to the maritime or airport port of
arrival only, with no overland movement outside the airport terminal
area or dock area of the maritime port; and
(4) The meat or other animal product is not held or stored for more
than 72 hours at the maritime or airport port of arrival.
Sec. 94.16 [Amended]
126. Section 94.16 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b), introductory text.
ii. Paragraph (c), introductory text.
iii. Paragraph (c)(1).
iv. Paragraph (c)(3).
v. Paragraph (d).
b. In paragraph (b)(2), first sentence, by removing the words
``for human food'.
c. In paragraph (c), introductory text, by removing the word
``countries'' and adding in its place the word ``regions'.
Sec. 94.17 [Amended]
127. Section 94.17 is amended as follows:
a. By removing the word ``countries'' each time it appears and
adding in its place the word ``regions'' in the following places:
i. The heading to the section.
ii. Paragraph (o)(2)(ii)(A).
iii. Paragraph (o)(2)(ii)(B).
iv. Paragraph (o)(2)(iii)(A).
v. Paragraph (o)(2)(iii)(B).
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a).
ii. Paragraph (b).
iii. Paragraph (d).
iv. Paragraph (i)(2)(vi).
v. Paragraph (i)(3)(vii).
vi. Paragraph (j)(1).
vii. Paragraph (j)(2).
viii. Paragraph (j)(3).
ix. Paragraph (k).
x. Paragraph (m)(1).
xi. Paragraph (o), introductory text.
xii. Paragraph (o)(2)(ii)(A).
xiii. Paragraph (o)(2)(ii)(B).
xiv. Paragraph (o)(2)(iii)(A).
xv. Paragraph (o)(2)(iii)(B).
Sec. 94.18 [Amended]
128. Section 94.18 is amended as follows:
a. In the heading to the section and in paragraph (a), by
removing the word ``countries'' and adding in its place the word
``regions''.
b. In paragraph (b), introductory text, and paragraph (b)(1), by
removing the words ``fresh, frozen, and chilled'' and adding in
their place the words ``fresh (chilled or frozen)''.
c. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (b), introductory text.
ii. Paragraph (b)(2)(ii).
iii. Paragraph (b)(2)(iii).
iv. Paragraph (c), introductory text.
d. In paragraph (d), introductory text, by removing the words
``Fresh, chilled, or frozen'' and adding in their place the words
``Fresh (chilled or frozen)''.
Sec. 94.19 [Amended]
129. Section 94.19 is amended by removing the word ``country'' each
time it appears and adding in its place the word ``region'' in both the
heading and the text to the section.
Sec. 94.20 [Amended]
130. Section 94.20 is amended as follows:
a. In introductory text to the section, by removing the words
``fresh, chilled or frozen'' and adding in their place the words
``fresh (chilled or frozen)''.
b. In paragraph (a), by adding the word ``born,'' immediately
before the word ``raised''.
c. In paragraph (b), by removing the word ``countries'' both
times it appears and adding in its place the word ``regions''.
Sec. 94.21 [Amended]
131. Section 94.21 is amended as follows:
[[Page 56024]]
a. In the introductory text to the section, by removing the
words ``fresh, chilled or frozen'' and adding in their place the
words ``fresh (chilled or frozen)''.
b. In paragraph (c), by removing the word ``countries'' and
adding in its place the word ``regions''.
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
132. The authority citation for part 95 continues to read as
follows:
Authority: 21 U.S.C. 111, 136, and 136a; 31 U.S.C. 9701; 7 CFR
2.22, 2.80, and 371.2(d).
133. Section 95.1 is amended by adding a definition of Region, in
alphabetical order, to read as follows:
Sec. 95.1 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 95.2 [Amended]
134. Section 95.2 is amended as follows:
a. In the heading to the section, by removing the word
``Country'' and adding in its place the word ``Region''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. The introductory text to the section.
ii. Paragraph (a).
ii. Paragraph (b).
Sec. 95.4 [Amended]
135. Section 95.4 is amended as follows:
a. In the heading to the section, by removing the word
``countries'' and adding in its place the word ``regions''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a).
ii. Paragraph (b).
iii. Paragraph (c), introductory text.
Sec. 95.5 [Amended]
136. Section 95.5 is amended as follows:
a. In paragraph (a) and paragraph (c), by removing the word
``country'' each time it appears and adding in its place the word
``region''.
b. In paragraph (c), footnote 1, by removing the word
``countries'' and adding in its place the word ``regions''.
Sec. 95.7 [Amended]
137. In Sec. 95.7, paragraph (a) and paragraph (c) are amended by
removing the word ``country'' each time it appears and adding in its
place the word ``region''.
Sec. 95.9 [Amended]
138. In Sec. 95.9, paragraph (a) and paragraph (c) are amended by
removing the word ``country'' each time it appears and adding in its
place the word ``region''.
Sec. 95.11 [Amended]
139. In Sec. 95.11, the introductory text of paragraph (b) and
paragraph (b)(2) are amended by removing the word ``country'' each time
it appears and adding in its place the word ``region''.
Sec. 95.14 [Amended]
140. In Sec. 95.14, paragraph (a) is amended by removing the word
``country'' and adding in its place the word ``region';.
Sec. 95.15 [Amended]
141. Section 95.15 is amended by removing the word ``country'' and
adding in its place the word ``region''.
Sec. 95.17 [Amended]
142. Section 95.17 is amended by removing the word ``country'' and
adding in its place the word ``region''.
Sec. 95.21 [Amended]
143. Section 95.21 is amended by removing the word ``country'' and
adding in its place the word ``region''.
Sec. 95.23 [Amended]
144. In Sec. 95.23, the introductory text is amended by removing
the word ``country'' both times it appears and adding in its place the
word ``region''.
PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS
OFFERED FOR ENTRY INTO THE UNITED STATES
145. The authority citation for part 96 continues to read as
follows:
Authority: 21 U.S.C. 111, 136, 136a; 7 CFR 2.22, 2.80, and
371.2(d).
146. Section 96.1 is amended by adding a definition of Region, in
alphabetical order, to read as follows:
Sec. 96.1 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 96.2 [Amended]
147. Section 96.2 is amended as follows:
a. In the heading to the section, by removing the word
``countries'' and adding in its place the word ``regions''.
b. In paragraph (a), by removing the words ``country or part of
a country'' and adding in their place the word ``region'' each time
they appear.
c. In paragraph (b), by removing the word ``country'' and adding
in its place the word ``region''.
Sec. 96.3 [Amended]
148. Section 96.3 is amended as follows: a. By removing the word
``country'' each time it appears and adding in its place the word
``region'' in the following places:
i. Paragraph (a).
ii. Paragraph (c), introductory text.
iii. Paragraph (c), ``FOREIGN OFFICIAL CERTIFICATE FOR ANIMAL
CASINGS''.
b. In paragraph (c), ``FOREIGN OFFICIAL CERTIFICATE FOR ANIMAL
CASINGS'', by removing the word ``Country'' and adding in its place
the word ``Region''.
149. Section 96.10 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 96.10 Uncertified casings; transportation for disinfection;
original shipping containers; disposition of salt.
(a) Foreign animal casings imported into the United States without
certification may be forwarded in customs custody to a USDA-approved
facility for disinfection under APHIS supervision and release by the
United States Customs authorities, provided that, before being
transported over land in the United States, each and every container of
such casings shall be disinfected by the application of a solution of
sodium hydroxide prepared as follows:
* * * * *
150. Sections 96.15 and 96.16 are removed.
PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS
151. The authority citation for part 97 continues to read as
follows:
Authority: 7 U.S.C. 2260; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and
371.2(d).
[[Page 56025]]
Sec. 97.1 [Amended]
152. In Sec. 97.1, footnote 1 is amended by removing the reference
to ``Secs. 92.1 through 92.3'' and adding in its place a reference to
``Secs. 93.102, 93.203, 93.303, 93.403, 93.503, 93.703, and 93.805''.
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
153. The authority citation for part 98 continues to read as
follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 103-105,
111, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.2(d)
154. In part 98, the heading for subpart A is revised to read:
Subpart A--Ruminant and Swine Embryos from Regions Free of
Rinderpest and Foot-and-Mouth Disease; and Embryos of Horses and
Asses
155. Section 98.2 is amended by revising the definitions of
Approved artificial insemination center and Approved embryo transfer
unit, and by adding a definition of Region, in alphabetical order, to
read as follows:
Sec. 98.2 Definitions.
* * * * *
Approved artificial insemination center. A facility approved or
licensed by the national government of the region in which the facility
is located to collect and process semen under the general supervision
of such government.
Approved embryo transfer unit. A facility approved or licensed by
the national government of the region in which the facility is located
for the artificial insemination of donor dams or for conception as a
result of artificial breeding by a donor sire and for collecting and
processing embryos for export under the general supervision of such
government.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 98.3 [Amended]
156. Section 98.3 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. The introductory text to the section.
ii. Paragraph (a).
iii. Paragraph (i).
b. In paragraph (d), by removing the reference to ``part 92''
and adding in its place a reference to ``part 93''.
c. In paragraph (f), by removing the reference to
``Sec. 92.304(a)(2)'' and adding in its place a reference to
``Sec. 93.304(a)(2)'', by removing the reference to
``Sec. 92.404(a)(2)'' and adding in its place a reference to
``Sec. 93.404(a)(2)'', and by removing the reference to
``Sec. 92.504(a)(2)'' and adding in its place a reference to
``Sec. 93.504(a)(2).
Sec. 98.4 [Amended]
157. In Sec. 98.4, paragraph (c)(1) and paragraph (c)(5) are
amended by removing the word ``country'' each time it appears and
adding in its place the word ``region''.
Sec. 98.5 [Amended]
158. In Sec. 98.5, paragraph (a), the introductory text is amended
by removing the word ``country'' each time it appears and adding in its
place the word ``region''.
Sec. 98.6 [Amended]
159. Section 98.6 is amended by removing the reference to
``Sec. 92.303'' and adding in its place a reference to ``Sec. 93.303'',
by removing the reference to ``Sec. 92.403'' and adding in its place a
reference to ``Sec. 93.403'', and by removing the reference to
``Sec. 92.503'' and adding in its place a reference to ``Sec. 93.503''.
Sec. 98.7 [Amended]
160. In Sec. 98.7, paragraph (g) is amended by removing the word
``country'' and adding in its place the word ``region''.
Sec. 98.10a [Amended]
161. Section 98.10a is amended as follows:
a. In the heading to the section, by removing the word
``countries'' and adding in its place the word ``regions''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (c).
ii. Paragraph (d).
iii. Paragraph (f), introductory text.
iv. Paragraph (f)(1).
v. Paragraph (f)(2)(i).
vi. Paragraph (f)(2)(ii).
162. The heading for subpart B is revised to read:
Subpart B--Ruminant and Swine Embryos From Regions Where Rinderpest
or Foot-and-Mouth Disease Exists
163. Section 98.11 is amended by removing the definition of Country
of origin and by adding definitions of Region and Region of origin, in
alphabetical order, to read as follows:
Sec. 98.11 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.);
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
Region of origin. The region in which the embryo is conceived and
collected and from which the embryo is imported into the United States.
* * * * *
Sec. 98.12 [Amended]
164. Section 98.12 is amended as follows:
a. In paragraph (a), by removing the word ``countries'' and
adding in its place the word ``regions''.
b. In paragraph (b), by removing the word ``country'' both time
it appears and adding in its place the word ``region''.
Sec. 98.13 [Amended]
165. In Sec. 98.13, paragraph (a) is amended by removing the word
``countries'' and adding in its place the word ``regions''.
Sec. 98.14 [Amended]
166. In Sec. 98.14, paragraph (a) is amended by removing the word
``country'' each time it appears and adding in its place the word
``region''.
Sec. 98.15 [Amended]
167. Section Sec. 98.15 is amended by removing the word ``country''
each time it appears and adding in its place the word ``region'' in the
following places:
a. The introductory text to the section.
b. Paragraph (a)(5)(ii), introductory text.
c. Paragraph (a)(5)(iii).
d. Paragraph (a)(6).
e. Paragraph (b)(1).
f. Paragraph (b)(2).
g. Paragraph (b)(5).
Sec. 98.16 [Amended]
168. In Sec. 98.16, the introductory text to the section is amended
by removing the word ``country'' and adding in its place the word
``region''.
[[Page 56026]]
Sec. 98.17 [Amended]
169. Section 98.17 is amended by removing the word ``country'' each
time it appears and adding in its place the word ``region'' in the
following places:
a. Paragraph (f)(6)(i).
b. Paragraph (f)(6)(ii).
c. Paragraph (h)(2).
Sec. 98.18 [Amended]
170. In Sec. 98.18, paragraph (c) is amended by removing the
reference to ``Sec. 92.203(a)'' and adding in its place a reference to
``Sec. 93.203(a).
Sec. 98.21 [Amended]
171. In Sec. 98.21, the heading is amended by removing the word
``countries'' and adding in its place the word ``regions''.
Subpart C--Certain Animal Semen
172. Section 98.30 is amended by adding a definition of Region, in
alphabetical order, to read as follows:
Sec. 98. 30 Definitions.
* * * * *
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
* * * * *
Sec. 98.31 [Amended]
173. In Sec. 98.31, paragraph (b) is amended by removing the word
``country'' each time it appears and adding in its place the word
``region''.
Sec. 98.32 [Amended]
174. In Sec. 98.32, paragraph (a) is amended by removing the word
``country'' and adding in its place the word ``region''.
Sec. 98.34 [Amended]
175. Section 98.34 is amended as follows:
a. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i. Paragraph (a)(1).
ii. Paragraph (a)(2).
iii. Paragraph (a)(3).
iv. Paragraph (b).
v. Paragraph (c), introductory text.
vi. Paragraph (c)(1)(i).
vii. Paragraph (c)(1)(ii).
viii. Paragraph (c)(3).
ix. Paragraph (c)(4).
x. Paragraph (c)(5).
b. In paragraph (a)(3) and in the heading to paragraph (c), by
removing the word ``countries'' each time it appears and adding in
its place the word ``regions''.
Sec. 98. 35 [Amended]
176. In Sec. 98.35, paragraph (c) is amended by removing the word
``country'' each time it appears and adding in its place the word
``region''.
Sec. 98.36 [Amended]
177. In Sec. 98.36, paragraph (a)(1) and paragraph (a)(2) are
amended by removing the word ``country'' each time it appears and
adding in its place the word ``region''.
Sec. 98.37 [Amended]
178. Section 98.37 is amended as follows:
a. In the heading to the section, by removing the word
``countries'' and adding in its place the word ``regions''.
b. By removing the word ``country'' each time it appears and
adding in its place the word ``region'' in the following places:
i Paragraph (c).
ii. Paragraph (d).
iii. Paragraph (f), introductory text.
iv. Paragraph (f)(1).
v. Paragraph (f)(2)(i).
vi. Paragraph (f)(2)(ii).
PART 130--USER FEES
179. The authority citation for part 130 continues to read as
follows:
Authority: 5 U.S.C. 5542; 7 U.S.C. 1622; 19 U.S.C. 1306; 21
U.S.C. 102-105, 111, 114, 114a, 134a, 134b, 134c, 134d, 134f, 135,
136, and 136a; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 130.1 [Amended]
180. Section 130.1 is amended by removing the reference to ``part
92'' and adding in its place a reference to ``part 93'' in the
following places:
a. The definition of Feeder animal.
b. The definition of Privately operated permanent import-
quarantine facility.
c. The definition of Zoo animal, footnote 2.
Sec. 130.2 [Amended]
181. Section 130.2 is amended by removing the references to ``part
92'' and adding in their place references to ``part 93'' in the
following places:
a. Paragraph (a), footnote 5.
b. Paragraph (a), in the table, under the heading ``Animal or
bird'', in the first entry under ``Birds''.
c. Paragraph (e).
Sec. 130.3 [Amended]
182. In Sec. 130.3, paragraph (a)(3) is amended by removing the
references to ``92.103, 92.204, 92.304, 92.404, or 92.504'' and adding
in their place references to ``93.103, 93.204, 93.304, 93.404, or
93.504''.
Sec. 130.10 [Amended]
183. In Sec. 130.10, paragraph (a), footnote 7 is amended by
removing the reference ``part 92'' and adding in its place a reference
to ``part 93''.
Done in Washington, DC, this 22nd day of October, 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-28473 Filed 10-23-97; 12:52 pm]
BILLING CODE 3410-34-P
