[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Rules and Regulations]
[Pages 57313-57315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28127]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 95-037-2]
Pork and Pork Products From Mexico Transiting the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule allows fresh, chilled, and frozen pork and
pork products from the Mexican State of Chihuahua to transit the United
States,
[[Page 57314]]
under certain conditions, for export to another country. Previously, we
allowed such pork and pork products only from the Mexican State of
Sonora to transit the United States for export. Otherwise, fresh,
chilled, or frozen pork and pork products are prohibited movement into
the United States from Mexico because of hog cholera in Mexico.
Chihuahua, like Sonora, appears to be a low risk area for hog cholera,
and we believe that fresh, chilled, and frozen pork and pork products
from Chihuahua can transit the United States with minimal risk of
introducing hog cholera. This action will facilitate trade.
EFFECTIVE DATE: November 15, 1995.
FOR FURTHER INFORMATION CONTACT:
Dr. Michael David, Senior Staff Veterinarian, Import/Export Animals,
National Center for Import and Export, VS, APHIS, 4700 River Road Unit
39, Riverdale, MD 20737-1231, (301) 734-5034.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
and animal products into the United States to prevent the introduction
of certain animal diseases. Section 94.9 of the regulations prohibits
the importation of pork and pork products into the United States from
countries where hog cholera exists, unless the pork or pork products
have been treated in one of several ways, all of which involve heating
or curing and drying.
Because hog cholera exists in Mexico, pork and pork products from
Mexico must meet the requirements of Sec. 94.9 to be imported into the
United States. However, under Sec. 94.15, pork and pork products that
are not eligible for entry into the United States in accordance with
the regulations may transit the United States for immediate export if
certain conditions are met. Prior to the effective date of this final
rule, only pork and pork products from Sonora, Mexico, were eligible to
transit the United States in accordance with Sec. 94.15.
On August 21, 1995, we published in the Federal Register (60 FR
43409-43411, Docket No. 95-037-1) a proposal to amend the regulations
by allowing pork and pork products from the Mexican State of Chihuahua
to transit the United States for export under the same conditions as
pork and pork products from Sonora.
These conditions were set forth as follows:
1. Any person wishing to transport pork or pork products from
Chihuahua through the United States for export must first obtain a
permit for importation from the Animal and Plant Health Inspection
Service (APHIS).
2. The pork or pork products must be sealed in Chihuahua in a
leakproof container, with a serially numbered seal approved by APHIS.
The container must remain sealed at all times while transiting the
United States.
3. The person moving the pork or pork products through the United
States must inform the APHIS officer at the U.S. port of arrival, in
writing, of the following information before the pork or pork products
arrive in the United States: The times and dates that the pork or pork
products are expected at the port of arrival in the United States; the
time schedule and route of the shipments through the United States; and
the permit number and serial numbers of the seals on the containers.
4. The pork or pork products must transit the United States under
Customs bond.
5. The pork or pork products must be exported from the United
States within the time period specified on the permit.
Any pork or pork products exceeding the time limit specified on the
permit or transiting in violation of any of the requirements of the
permit or the regulations may be destroyed or otherwise disposed of at
the discretion of the Administrator, APHIS, pursuant to section 2 of
the Act of February 2, 1903, as amended (21 U.S.C. 111).
We solicited comments concerning our proposal for 60 days ending
October 20, 1995. We received one comment by that date. The comment was
from a domestic pork industry group. The commenter commended the
efforts of Mexican State pork producers in their hog cholera
eradication efforts, stated support for the principles of
regionalization outlined in the proposed rule, reemphasized the
importance of surveillance and control measures to minimize the risk of
transmitting hog cholera to the United States swine population, and
discussed a related trade issue. The commenter did not recommend any
clarification or changes to the proposed rule.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule, without
change. Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions no longer found to
be warranted. Therefore, the Administrator of the Animal and Plant
Health Inspection Service has determined that this rule should be
effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule allows fresh, chilled, and frozen pork and pork products
from the Mexican State of Chihuahua to transit the United States, under
certain conditions, for export to another country. It has been
determined that Chihuahua is a low risk area for hog cholera and has
the veterinary infrastructure necessary to monitor for the presence of
this disease.
Because Interstate Commerce Commission regulations forbid Mexican
carriers from hauling pork and pork products beyond the border zone,
small specialized U.S. transport companies and brokerage houses will
benefit from this rule. The additional economic activity from such
trucking activity is estimated at $195,865 per year, assuming the
trucks make 208 total trips per year (the current level of shipments
from the Mexican State of Sonora through the United States).
There appears to be little risk of hog cholera exposure from
Mexican pork shipments from Chihuahua through the United States.
Assuming that proper risk management techniques continue to be applied
in Mexico, and that accident and exposure risk is minimized by proper
handling during transport, the risk of exposure to hog cholera from
pork in transit from Mexico through the United States is minimal. At a
rate of 208 trips per year, an accident that could lead to an outbreak
of hog cholera could be expected once in 4,109,139 years. Even at a
rate of 1,000 trips per year, one accident capable of resulting in a
United States outbreak of hog cholera could be expected once every
854,701 years.
Both the United States and Mexico are net pork importers. United
States pork imports represent approximately 2-3 percent of production,
and Mexican imports represent 7-8 percent of production. With favorable
income growth expected in Mexico due to trade liberalization, meat
imports, including pork products, are expected to grow and limit
Mexican pork exports. However,
[[Page 57315]]
facilitating export opportunities for the Mexican pork industry may
provide incentives for continued efforts to eradicate hog cholera from
infected Mexican States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 94 is amended as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94 is revised to read as
follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 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 2.17, 2.51, and
371.2(d).
Sec. 94.15 [Amended]
2. In Sec. 94.15, paragraph (b), the introductory text and
paragraph (b)(2) are amended by adding the words ``Chihuahua or''
immediately before the word ``Sonora''.
Done in Washington, DC, this 2nd day of November 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-28127 Filed 11-14-95; 8:45 am]
BILLING CODE 3410-34-P
