[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Proposed Rules]
[Pages 38599-38603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18321]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 98-095-1]
Pork and Pork Products From Mexico Transiting the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The importation and in-transit movement of fresh (chilled or
frozen) pork and pork products from Mexico into the United States is
restricted because of the presence of hog cholera in some areas in
Mexico. We are proposing to amend the regulations to allow fresh
(chilled or frozen) pork and pork products from the Mexican States of
Baja California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa,
Campeche, and Quintana Roo to transit the United States, under certain
conditions, for export to another country. We are proposing this action
because there has been no outbreak of hog cholera in any of the States
of Baja California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa,
Campeche, or Quintana Roo since 1993, and it appears that fresh
(chilled or frozen) pork and pork products from each of the above
States could transit the United States under seal with an insignificant
risk of introducing hog cholera.
DATES: We invite you to comment on this docket. We will consider all
comments that we receive by September 17, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 98-
095-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that
your comment refers to Docket No. 98-095-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff
Veterinarian, Animals Program, National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737, (301) 734-
4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations)
[[Page 38600]]
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 certain areas in Mexico, pork and
pork products from most Mexican States must meet the requirements of
Sec. 94.9 to be imported into the United States. Section 94.20 provides
an exception, allowing the importation of fresh (chilled or frozen)
pork and pork products from the Mexican State of Sonora.
Under Sec. 94.15, pork and pork products that are from certain
Mexican States and that are not eligible for entry into the United
States in accordance with the regulations in Sec. 94.9 or Sec. 94.20
may transit the United States for immediate export if certain
conditions are met. These provisions were added to the regulations in
1992, following a United States Department of Agriculture investigation
of the hog cholera situation in Sonora, Mexico, and a determination
that pork and pork products from Sonora could transit the United
States, under certain conditions, with minimal risk of introducing hog
cholera. Final rules published in the Federal Register in 1995, 1996,
and 1997 applied the provisions to Chihuahua, Yucatan, and Baja
California, respectively.
Mexico's Director of Animal Health has requested that we allow pork
and pork products from additional Mexican States to transit the United
States under the same conditions. The additional Mexican States are
Baja California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa,
Campeche, and Quintana Roo.
In response, officials of the Animal and Plant Health Inspection
Service (APHIS) have met with Mexican representatives knowledgeable in
disease prevention, epidemiology, and diagnostic methods. The team
reviewed the information supplied by these representatives (discussed
below) and found two factors contributing to the seven States' apparent
successes in remaining free of hog cholera: The States' locations and
controls by Mexico's Division of Animal Health on the movement into the
States of pork, pork products, and live swine. Based on this review,
the team recommended granting Mexico's request.
General Information
As required by the Mexican Government, pork from Mexico that is
currently eligible to transit the United States under Sec. 94.15 must
be processed and packaged in Tipo de Internacional Federal (TIF) plants
that are approved by the Mexican Government and that are subject to
strict Federal supervision to ensure that international health
standards are maintained. A ``TIF'' may be a slaughter facility or a
processing plant, or a combination of the two.
The seven States that are subject to this proposed rule and other
States recognized by Mexico as free of hog cholera may import live
swine only from other hog cholera-free States and countries. The
Mexican Government requires shipments of swine from hog cholera-free
countries to be accompanied by a certificate of origin issued by that
country's veterinary authorities and by a certificate of import issued
by the Mexican veterinary authorities. States recognized by Mexico as
free of hog cholera also require and issue their own permits and health
certificates, further ensuring that the products originate in a hog
cholera-free region. In addition, live swine and pork imported into
these hog cholera-free States must be shipped in sealed trucks, and all
shipments are inspected at inspection stations located either on State
lines or at international ports of entry.
The Mexican government also requires that any fresh pork or pork
products that are shipped for processing to a hog cholera-free State
from a region where hog cholera is believed to exist arrive at TIF
processing plants in sealed, numbered containers. The seals must show
no evidence of tampering, and the shipment must be accompanied by a
certificate signed by an authorized official in the region of origin.
Once they arrive at the TIF plant in a hog cholera-free State, such
pork and pork products must be clearly labeled and set apart from pork
that is eligible for importation into the United States to ensure that
no comminglement occurs. Mexico further protects its swine population
from hog cholera by requiring that pork that originates in non-hog
cholera-free regions may only enter commerce in hog cholera-free States
after it is heated or cured and dried.
Baja California Sur
The last outbreak of hog cholera in the Mexican State of Baja
California Sur occurred in May 1993. Vaccination for hog cholera was
discontinued in 1980. Mexico officially recognized Baja California Sur
as free of hog cholera in December 1993.
Baja California Sur is bordered on the north by the Mexican State
of Baja California, which Mexico recognizes as free of hog cholera. To
the west of Baja California Sur is the Pacific Ocean and to the east is
the Gulf of California.
There is little swine production in Baja California Sur and there
are no TIF plants that handle swine and pork in the State. According to
1997 production data, Baja California Sur produced 788 metric tons of
pork (less than one tenth of one percent of Mexico's total pork
production for that year).
Coahuila
The last outbreak of hog cholera in the Mexican State of Coahuila
occurred in 1984. Vaccination for hog cholera was discontinued in 1984.
Mexico officially recognized Coahuila as free of hog cholera in July
1995.
Coahuila is bordered on the northwest by the Mexican State of
Chihuahua, which Mexico recognizes as free of hog cholera. Coahuila is
bordered on the southwest by the Mexican States of Durango and
Zacatecas, both of which are in the eradication phase of Mexico's
National Campaign Against Classical Swine Fever (hog cholera). To the
southeast of Coahuila is the Mexican State of Nuevo Leon, which Mexico
declared free of hog cholera in July 1995. To the north and east of
Coahuila is the United States, which is free of hog cholera.
Three TIF plants handle swine and pork in the State of Coahuila.
According to 1997 production data, Coahuila produced approximately
13,423 metric tons of pork (less than 1.5 percent of Mexico's total
pork production for that year).
Nuevo Leon
The last outbreak of hog cholera in the Mexican State of Nuevo Leon
occurred in 1990. Vaccination for hog cholera was discontinued in 1993.
Mexico officially recognized Nuevo Leon as free of hog cholera in July
1995.
Nuevo Leon is bordered on the northwest by the Mexican State of
Coahuila, on the northeast by the United States, and on the northeast
and southeast by the Mexican State of Tamaulipas, which Mexico
considers free of hog cholera. To the southwest of Nuevo Leon is the
Mexican State of San Luis Potosi, which is in the eradication phase of
Mexico's National Campaign Against Classical Swine Fever.
Eight TIF plants handle swine and pork in the State of Nuevo Leon.
According to 1997 production data, Nuevo Leon produced approximately
[[Page 38601]]
17,416 metric tons of pork (less than 2 percent of Mexico's total pork
production for that year).
Tamaulipas
The last outbreak of hog cholera in the Mexican State of Tamaulipas
occurred in 1984. Vaccination for hog cholera was discontinued in 1993.
Mexico officially recognized Tamaulipas as free of hog cholera in July
1995.
Tamaulipas is bordered on the northwest by the Mexican State of
Nuevo Leon and on the northeast by the United States. To the southeast
of Tamaulipas is the Gulf of Mexico. To the south and west of
Tamaulipas are the Mexican States of San Luis Potosi and Veracruz. San
Luis Potosi is in the eradication phase of Mexico's National Campaign
Against Classical Swine Fever, and Veracruz is in the control phase.
One TIF plant handles swine and pork in the State of Tamaulipas.
According to 1997 production data, Tamaulipas produced approximately
6,490 metric tons of pork (less than 1 percent of Mexico's total pork
production for that year).
Sinaloa
The last outbreak of hog cholera in the Mexican State of Sinaloa
occurred in April 1990. Vaccination for hog cholera was discontinued in
1990. Mexico officially recognized Sinaloa as free of hog cholera in
November 1993.
Sinaloa is bordered on the west by the Gulf of California and the
Pacific Ocean. To the north and northeast of Sinaloa are the Mexican
States of Sonora and Chihuahua, both of which are considered free of
hog cholera by Mexico. To the east and south of Sinaloa are the Mexican
States of Durango and Nayarit. Both Durango and Nayarit are in the
eradication phase of Mexico's National Campaign Against Classical Swine
Fever.
Three TIF plants handle swine and pork in the State of Sinaloa.
According to 1997 production data, Sinaloa produced approximately
12,968 metric tons of pork (less than 1.5 percent of Mexico's total
pork production for that year).
Campeche
The last outbreak of hog cholera in the Mexican State of Campeche
occurred in 1989. Vaccination for hog cholera was discontinued in 1995.
Mexico officially recognized Campeche as free of hog cholera in
December 1997.
Campeche is bordered on the northeast and east by the Mexican
States of Yucatan and Quintana Roo, respectively, both of which are
considered free of hog cholera by Mexico. To the northwest of Campeche
is the Gulf of Mexico. South and southwest of Campeche are Guatemala
and the Mexican State of Tabasco. Hog cholera is believed to exist in
Guatemala. Tabasco is currently in the control phase of Mexico's
National Campaign Against Classical Swine Fever.
According to 1997 production data, Campeche produced approximately
3,363 metric tons of pork (less than one half of 1 percent of Mexico's
total pork production for that year).
Quintana Roo
The last outbreak of hog cholera in the Mexican State of Quintana
Roo occurred in 1980. Vaccination for hog cholera was discontinued in
1994. Mexico officially recognized Baja California as free of hog
cholera in July 1996.
Quintana Roo is bordered on the north and west by the Mexican
States of Yucatan and Campeche, both of which are considered free of
hog cholera by Mexico. To the east of Quintana Roo is the Caribbean
Sea. South of Quintana Roo is Belize, which has not been officially
recognized as free of hog cholera and, therefore, does not export pork
or live swine to Mexico.
There are no TIF plants that handle swine and pork in the State of
Quintana Roo. According to 1997 production data, Quintana Roo produced
approximately 7,250 metric tons of pork (less than 1 percent of
Mexico's total pork production for that year).
Conditions for Movement Through the United States
The following conditions for in-transit movement currently apply to
pork and pork products from Baja California, Chihuahua, Sonora, and
Yucatan. Under this proposed rule, they would also apply to pork and
pork products from Baja California Sur, Coahuila, Nuevo Leon,
Tamaulipas, Sinaloa, Campeche, and Quintana Roo.
1. Any person wishing to move pork or pork products from one of
these States through the United States for export must first obtain a
permit for importation from APHIS. The application for the permit tells
APHIS who will be involved in the transportation, how much and what
type of pork and pork products will be transported, when they will be
transported, and the method and route of shipment.
2. The pork or pork products must be packaged prior to movement
from the State in a leakproof container and sealed 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 United States port of
arrival, in writing, of the following information before the pork or
pork products arrive in the United States: The time and date 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, the permit number, and the 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).
These safeguards are intended to prevent tampering with the
shipments, ensure that the shipments actually leave the United States,
and otherwise ensure that the shipments do not present a risk of
introducing hog cholera into the United States.
Under these circumstances--the low risk associated with the pork
and pork products coupled with the safeguards for in-transit
shipments--we believe that there would be little, if any, risk of
introducing hog cholera into the United States by allowing pork and
pork products from Baja California Sur, Coahuila, Nuevo Leon,
Tamaulipas, Sinaloa, Campeche, and Quintana Roo to transit the United
States for export. Therefore, we are proposing to amend Sec. 94.15 to
allow pork and pork products from the Mexican States of Baja California
Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche, and Quintana
Roo to transit the United States for export under the same conditions
that currently apply to pork and pork products from Baja California,
Chihuahua, Sonora, and Yucatan.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
[[Page 38602]]
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
effects of this proposed rule on small entities. Based on the
information we have, there is no basis to conclude that this rule will
result in any significant economic effects on a substantial number of
small entities. However, we do not currently have all of the data
necessary for a comprehensive analysis of the effects of this proposed
rule on small entities. Therefore, we are inviting comments on
potential effects. In particular, we are interested in determining the
number and kind of small entities that may incur benefits or costs from
the implementation of this proposed rule.
In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and
134a, the Secretary of Agriculture has the authority to promulgate
regulations and take measures to prevent the introduction into the
United States, and the interstate dissemination within the United
States, of communicable diseases of livestock and poultry.
This proposed rule would allow fresh (chilled or frozen) pork and
pork products from the Mexican States of Baja California Sur, Coahuila,
Nuevo Leon, Tamaulipas, Sinaloa, Campeche, and Quintana Roo to transit
the United States, under certain conditions, for export to another
country.
There appears to be little risk of hog cholera exposure from
shipments of pork and pork products from Baja California Sur, Coahuila,
Nuevo Leon, Tamaulipas, Sinaloa, Campeche, and Quintana Roo transiting
the United States. Assuming that proper risk management techniques
continue to be applied in Mexico, and that accident and exposure risk
are minimized by proper handling during transport, the risk of exposure
to hog cholera from pork in transit from Mexico through the United
States would be minimal.
The proposed rule would have no direct effect on U.S. producers and
consumers of pork because Mexican pork would only transit the United
States and would not enter U.S. marketing channels. Neither the
quantity or price of pork traded in U.S. domestic markets, nor U.S.
consumer or producer surplus would be affected by the proposed rule.
Effects on Small Transport Firms
This proposed rule, if implemented, could directly affect U.S.
trucking companies in the border states of Texas and California. These
companies would benefit from transporting an estimated 5 to 6 thousand
metric tons annually of Mexican pork and pork products from U.S. land
border ports to U.S. maritime ports. Additional annual revenues
generated by the proposed rule would range from $2,000 to $3,000 for
California transport firms (based on an additional 5 to 7 trips
annually), and from $10,000 to $57,000 for Texas transport firms (based
on an additional 15 to 18 trips annually). The majority (98 percent) of
trucking firms in Texas and California meets the Small Business
Administration's definition of small firm (less than $18.5 million in
receipts annually). However, based on the limited number of trips and
negligible amount of revenue generated by these trips, it is safe to
conclude that the proposed rule would not have a significant economic
impact on a substantial number of small trucking firms.
Effects on U.S. Pork Exporters
The extent to which the proposed rule would affect U.S. pork
exporters is unclear, but, based on historical data on Mexican pork
exports, it appears that the overall effect of the proposed rule would
be to increase the quantity of Mexican pork destined for the Japanese
frozen pork market. According to Japanese import statistics, Japan
imported 382,000 metric tons of frozen swine cuts valued at roughly
$1.9 billion in 1997. Denmark, Taiwan, and the United States were the
top three suppliers, but Mexico and Canada, who are relative newcomers
to the Japanese frozen pork market, have gained market share in recent
years. As discussed above, we estimate that an additional 5,000 to
6,000 metric tons annually of frozen pork from Mexico would transit the
United States for Japan after adoption of the proposed rule. This is
roughly 1.4 percent of the total quantity imported by Japan in 1997.
During the period 1996 through 1997, Mexican frozen pork exports to
Japan increased from 12,953 metric tons (valued at $76 million) to
24,408 metric tons (valued at $122 million). During the same period,
U.S. frozen pork exports to Japan decreased from 64,500 metric tons
valued at $360 million to 48,000 metric tons valued at $244 million.
Analysts cite price advantage and the willingness of Mexican packers to
tailor pork cuts to Japanese specifications as key reasons for Mexico's
increased market share in 1997.
Since this rule simply allows pork from additional Mexican States
to transit the United States for immediate export, it is unclear
whether this rule would result in increased volumes of Mexican exports
to foreign regions (e.g., Japan), though it would likely result in
increased volumes of pork transiting the United States. It is possible
that the volume of Mexico's total pork exports would remain constant,
though the volume of pork in transit through the United States would
increase. This scenario would likely have a minimal economic effect on
U.S. pork exporters, whether small or large. However, since we are
unable to determine whether this rule will result in increased volumes
of Mexican pork exports, we cannot determine the effect of this rule on
U.S. pork exporters, whether small or large.
Trade Relations
This proposal would remove some restrictions on the importation of
pork and pork products from Mexico and would encourage a positive
trading environment between the United States and Mexico and other
regions where hog cholera is considered to exist by stimulating
economic activity and providing export opportunities to foreign pork
processing industries.
The proposed changes to the regulations would result in new
information collection or recordkeeping requirements, as described
below under the heading, ``Paperwork Reduction Act.''
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 98-095-1.
Please send a copy of your comments to: (1) Docket No. 98-095-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OCIO, USDA, room 404-W, 14th Street and Independence Avenue, SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full
[[Page 38603]]
effect if OMB receives it within 30 days of publication of this
proposed rule.
This proposed rule would amend the regulations to allow fresh
(chilled or frozen) pork and pork products from the Mexican States of
Baja California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa,
Campeche, and Quintana Roo to transit the United States, under certain
conditions, for export to another country.
Implementing this proposed rule would necessitate the use of
several information collection activities, including the completion of
an import permit application, the placement of serially number seals on
product containers, and the forwarding of a written, pre-arrival
notification to APHIS port personnel.
We are asking OMB to approve these information collection
activities in connection with our efforts to ensure that fresh pork and
pork products transiting the United States from Mexico pose a
negligible risk of introducing hog cholera into the United States.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average .744 hours per response.
Respondents: Exporters in Mexico, and full-time, salaried
veterinarians of Mexico's Animal Health Inspection Service.
Estimated annual number of respondents: 20.
Estimated annual number of responses per respondent: 12.5.
Estimated annual number of responses: 250.
Estimated total annual burden on respondents: 186 hours.
Copies of this information collection can be obtained from:
Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence
Avenue, SW., Washington, DC 20250.
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, we propose to amend 9 CFR part 94 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 would continue 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 2.22, 2.80, and
371.2(d).
2. In Sec. 94.15, paragraph (b) introductory text would be revised
to read as follows:
Sec. 94.15 Animal products and materials; movement and handling.
* * * * *
(b) Pork and pork products from Baja California, Baja California
Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa,
Sonora, Tamaulipas, and Yucatan, Mexico, that are not eligible for
entry into the United States in accordance with this part may transit
the United States for immediate export if the following conditions are
met:
* * * * *
Done in Washington, DC, this 13th day of July, 1999.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18321 Filed 7-16-99; 8:45 am]
BILLING CODE 3410-34-P
