[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