[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Proposed Rules]
[Pages 43409-43411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20593]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 161 / Monday, August 21, 1995 / 
Proposed Rules  


[[Page 43409]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 95-037-1]


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: We are proposing to allow 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. 
Currently, we allow such pork and pork products 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 could transit the United States with minimal risk of 
introducing hog cholera. This action would facilitate trade.

DATES: Consideration will be given only to comments received on or 
before October 20, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-037-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-037-1. Comments 
received may be inspected 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 comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

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 from 
Sonora, Mexico, 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. This provision was 
added to the regulations in 1992, following a U.S. Department of 
Agriculture investigation of the hog cholera situation in Sonora, 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.
    Mexico's Director of Animal Health has requested that we allow pork 
and pork products from the Mexican State of Chihuahua to transit the 
United States for export under the same conditions that currently apply 
to pork and pork products from Sonora. In response, officials of the 
Animal and Plant Health Inspection Service (APHIS) met recently in 
Chihuahua with Mexican representatives knowledgeable in disease 
prevention, epidemiology, and diagnostic methods. The team reviewed the 
hog cholera situation in Chihuahua (discussed below) and recommended 
granting Mexico's request.
    The last outbreak of hog cholera in the Mexican State of Chihuahua 
occurred in 1989 in the municipality of Cuauhtemoc. Vaccination for hog 
cholera was discontinued in early 1990. Mexico officially recognized 
Chihuahua as free of hog cholera in September 1993.
    The team found several factors contributing to Chihuahua's apparent 
success in remaining free of hog cholera: Chihuahua's location; lack of 
any significant pork production in Chihuahua; and controls by the 
Division of Animal Health on the movement into Chihuahua of live swine 
and pork and pork products.
    Chihuahua is surrounded on the north and west by other hog cholera 
free Mexican States and by the United States, which is free of hog 
cholera; on the south by the Sierra Madre Mountains; and on the east by 
the State of Coahuila, which is in the final stages of a hog cholera 
eradication program, where no cases of hog cholera have been detected 
for at least 12 months and a prohibition on vaccination for hog cholera 
has been instituted.
    Swine production in Chihuahua accounts for only about 5 percent of 
national production. Only about 1 percent of this production is 
generated by commercial operations; nearly all the pork produced in 
Chihuahua is produced by agricultural communes or backyard operations 
for local consumption. Most of the pork processed in Chihuahua is 
imported from the Mexican State of Sonora, which is recognized by 
Mexico as free of hog cholera, or from the United States and Canada, 
which are free of hog cholera.
    Five facilities in Chihuahua process pork under the official 
Mexican inspection system. Of these facilities, only one is a slaughter 
plant, and it handles mostly cattle. The other facilities further 
process meat (custom cuts, cooking, etc.). Market and cull hogs raised 
in Chihuahua are slaughtered primarily in municipal plants for local 
consumption.
    As required by the Mexican Government, Chihuahua and other States 
recognized by Mexico as free of hog cholera may only import live swine 
and pork from other hog cholera-free States and countries. The Mexican 
Government requires shipments from hog cholera-free countries to be 

[[Page 43410]]
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. Chihuahua and other States recognized 
by Mexico as being free of hog cholera also require and issue their own 
permits and health certificates, further ensuring the origin of 
imported products. 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.
    Under these circumstances, 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 Chihuahua to transit the United 
States for export under the same conditions that currently apply to 
pork and pork products from Sonora.
    These conditions will be 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 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 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 believe that applying these same safeguards to shipments of pork 
and pork products from Chihuahua would prevent tampering with the 
shipments, ensure that the shipments actually leave the United States, 
and otherwise ensure that shipments would not present a risk of 
introducing hog cholera. Therefore, we are proposing to amend 
Sec. 94.15 to allow pork and pork products from the Mexican State of 
Chihuahua to transit the United States for export under the same 
conditions that currently apply to pork and pork products from Sonora.

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.
    This proposed rule would allow 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 would 
benefit from the proposed 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 Chiahuahua through the United States. 
Assuming that proper risk management techniques continue to be applied 
in Mexico, and that accident and exposure risk would be 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. 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, 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 would 
not have a significant economic impact on a substantial number of small 
entities.
Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
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

    This document contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(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 would be 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 would be 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) 

[[Page 43411]]
would be amended by adding the words ``Chihuahua or'' immediately 
before the word ``Sonora''.

    Done in Washington, DC, this 14th day of August 1995.
Terry Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-20593 Filed 8-18-95; 8:45 am]
BILLING CODE 3410-34-P