[Federal Register Volume 61, Number 76 (Thursday, April 18, 1996)]
[Proposed Rules]
[Pages 16978-17105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9027]




[[Page 16977]]


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Part II





Department of Agriculture





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Animal and Plant Health Inspection Service



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9 CFR Part 92, et al.



Importation of Animals and Animal Products; Proposed Rule

  Federal Register / Vol. 61, No. 76 / Thursday, April 18, 1996 / 
Proposed Rules  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92, 93, 94, 95, 96, and 98

[Docket No. 94-106-1]
RIN 0579-AA71


Importation of Animals and Animal Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning 
importation of animals and animal products. The proposed changes 
include a complete rewrite of 9 CFR part 92, subparts D (ruminants) and 
E (swine), a transfer of current part 92 to 9 CFR part 93, and the 
establishment of a new part 92. We are proposing to establish criteria 
for foreign ``regions'' based on risk class levels. The criteria would 
be used to establish importation requirements for particular animals 
and animal products from different regions outside of the United 
States. We believe this change is in accordance with international 
trade agreements entered into by the United States. We are also 
proposing to allow, 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. We believe this 
change is warranted because it would remove unnecessary restrictions on 
the importation of meat and other animal products into the United 
States.

DATES: Consideration will be given only to comments received on or 
before July 17, 1996.

ADDRESSES: Comments may be submitted as paper copies or by electronic 
mail. If you submit paper copies, please send an original and three 
copies of your comments to Docket No. 94-106-1, 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. 94-106-1. We encourage the submission of copies by 
electronic mail, since this both facilitates our analysis of the 
comments and allows us to make the text of comments available to the 
public via the Internet. The e-mail address for comments on this 
proposed rule is [email protected]. Please be sure to include 
your full name and organization in any comments you submit by e-mail. 
If your e-mail comment is a duplicate of a paper copy you have 
submitted, please state this in the first line of your e-mail message. 
Comments submitted by e-mail will be posted to the APHIS 
Regionalization Proposal Web Page within a few days after receipt. This 
Web page also contains copies of the proposed rule in several formats 
and related information. The Web page URL is http://www.aphis.usda.gov/
PPD/region. Both paper and e-mail 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. 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.
    Under the current regulations, with several exceptions, 
restrictions on the importation of animals and animal products are 
based on whether a particular disease exists in any part of the foreign 
country from which the animals or animal products originate or transit 
before importation into the United States. (In a few cases, 
restrictions are placed on the importation of animal products from 
countries where a certain disease is not known to exist, because of 
risk factors such as those countries' importation policies or proximity 
to countries where the disease exists.)
    The current USDA policy of prohibiting or restricting importations 
based solely on whether a disease exists anywhere within a national 
entity does not take into account whether regions within a country, or 
regions made up of several countries, have in place adequate natural 
and man-made defenses against the introduction or spread of animal 
diseases in those regions. Nor, we believe, do the current regulations 
adequately address variations in the risk of disease transmission both 
between regions where a disease exists and between those where the 
disease is not present. We believe that these policies unnecessarily 
prohibit or restrict the importation of animals and animal products in 
many situations where such importation can be carried out with 
insignificant risk of introducing disease agents into the United 
States.
    Therefore, in this document, we are proposing to revise the 
regulations in six different parts of 9 CFR to establish importation 
criteria for certain animals and animal products based on the level of 
disease risk in specified geographical regions. We believe that these 
regulatory changes are consistent with and meet the requirements of 
international trade agreements that have recently been entered into by 
the United States, as discussed below under the heading ``International 
Trade Agreements.''

Limits of This Proposed Rule

    It is important to note that the changes we are proposing at this 
time apply only to the importation of ruminants and swine, and their 
products. The importation of all other types of animals would continue 
to be governed by the current regulations, rather than by a 
regionalized, risk class approach. It is our intent, however, to 
extend, in future rulemaking, the regionalized, risk class approach to 
the importation of all animals and animal products that are subject to 
the regulations.

International Trade Agreements

    Both the North American Free Trade Agreement (NAFTA) and the 
General Agreement on Tariffs and Trade (GATT) Uruguay Round agreements 
contain provisions establishing the rights and obligations of signatory 
countries concerning sanitary and phytosanitary (SPS) regulation. SPS 
measures are generally defined as governmental measures intended to 
protect human, animal, or plant life or health. The applicable 
provisions are, respectively: Articles 709 through 724 of the NAFTA 
(``NAFTA-SPS''); and the World Trade Organization (WTO) Agreement on 
the Application of Sanitary and Phytosanitary Measures (``WTO-SPS'').
    Although the two agreements differ in a few respects, both NAFTA-
SPS and WTO-SPS provide that:

    A Member Country shall recognize the concepts of regions of low 
pest or disease prevalence, and shall ensure that its sanitary and 
phytosanitary measures are adapted to take into account the 
characteristics of regions from which products originate and to 
which products are destined. In doing so, the

[[Page 16979]]

Member should take into account relevant geography, ecology, methods 
of surveillance and effectiveness of control systems. [NAFTA-SPS, 
Article 716; WTO-SPS, Articles 6.1-6.2]

    The changes being proposed in this regulation are intended to 
comply with U.S. obligations under NAFTA-SPS and WTO-SPS with respect 
to the importation of live animals and animal products.

Format Changes to 9 CFR

    Because we are proposing to make significant substantive changes to 
the current regulations in order to incorporate provisions regarding 
both regionalization and the risk classification of exporting regions, 
we believe it is necessary, to aid readers of the regulations, to make 
several major formatting changes to 9 CFR. Although we are proposing to 
amend in some way parts 92, 93, 94, 95, 96, and 98, only two of those 
parts--parts 92 and 93--would require extensive structural 
reformatting. We would make a number of substantive changes to part 94, 
but that part would largely retain its current format. Parts 95, 96, 
and 98 would require fewer substantive changes and no format changes.

Parts 92 and 93

    The regulations in current parts 92 and 93 govern the importation 
into the United States of certain live animals, in order to prevent 
animals infected with certain diseases from transmitting those diseases 
to livestock and poultry in the United States. The animals regulated by 
current part 92 include birds, poultry, horses, ruminants, swine, dogs, 
hedgehogs and possums. Current part 93 regulates the importation of 
elephants, hippopotami, rhinoceroses, and tapirs.
    As part of the format changes we are proposing, we would move the 
regulations in current part 92 to part 93. Along with this relocation 
of the current part 92 regulations, we would make extensive changes to 
two of the subparts in current part 92--subpart D (ruminants) and 
subpart E (swine). These changes are discussed in detail below in this 
supplementary information.
    The movement of current part 92 to part 93 would leave no 
regulations at part 92. We are proposing to fill the vacated part 92 
with an entirely new set of regulations, which would include criteria 
for establishing geographical regions for the purpose of importing 
animals and animal products, and criteria for classifying regions 
according to the disease risk (risk assessment and classification) that 
animals and animal products from those regions would pose to U.S. 
livestock if no import restrictions were in place. New part 92 would 
also include a list of restricted diseases for the purposes of the 
import regulations. Each of these provisions is discussed in detail 
below.
     Additionally, new Sec. 92.4 would include a listing of the risk 
classification APHIS has assigned to each region of the world for each 
restricted disease agent. The listing in this proposed rule consists, 
for the most part, of countries, because, under the existing 
regulations, disease status is determined on a country-by-country 
basis. However, this proposed rule would allow for application for 
regional status for areas smaller or larger than individual countries. 
The application process is discussed in this Supplementary Information 
under the heading ``Application for Risk Class Recognition.''

Proposed Part 92

    As noted above, we are proposing to set forth in part 92 the 
criteria for classification of regions according to risk assessment as 
required by NAFTA and GATT. These criteria would be incorporated into 
the amended regulations in parts 93, 94, 95, 96 and 98, which contain 
restrictions on the importation of certain animals and animal products.
    As revised, Sec. 92.2 would list those disease agents and vectors 
of agents that would be restricted entry into the United States, either 
because they are not known to exist in the United States or because 
they are subject to Federal or cooperative Federal/State control or 
eradication programs in the United States. Some of the diseases that we 
are proposing to list in revised Sec. 92.2 are already addressed in the 
current import regulations. In addition, we are proposing to add other 
specified diseases.
    The diseases we would add to those already addressed in the 
regulations have, in many cases, been of concern even under the current 
regulations, but have not posed a significant practical risk because 
the countries in which they exist have also been countries in which 
rinderpest or foot-and-mouth disease (FMD) exists. The current 
regulations ban the importation into the United States of most animals 
and animal products from countries in which rinderpest or foot-and-
mouth disease exists. In those cases where animals and animal products 
are allowed to be imported from these countries, they must meet 
stringent quarantine or processing requirements. These prohibitions and 
safeguards effectively ban many animals and products affected with 
other diseases.
     However, we believe that several factors now make it necessary to 
provide specific regulatory restrictions for certain diseases not 
currently addressed in the regulations. The first factor is this 
proposed revision of the import regulations, which would provide for 
regionalization and for various classification levels of disease risk. 
Under this proposal, for example, and unlike under the current 
regulations, the fact that FMD exists in one region of a country may 
not significantly restrict the importation of animals and animal 
products from another region of the same country, if the two regions 
are so separated and monitored that the risk of the disease being 
transferred from one region to the other is negligible. This is a 
departure from the current regulations, in which FMD in any part of 
country determines the FMD status of the entire country.
    The second factor is the progress many countries have made in 
eradicating, or moving toward eradication of, rinderpest and FMD in 
specific regions. In countries where FMD exists, an increasing number 
of regions have eradicated or come close to eradicating the disease. 
Therefore, under this proposal, import restrictions due to FMD in one 
part of a country could no longer be relied upon to guard against the 
importation of diseases not specifically addressed in the regulations.
    In addition to FMD and rinderpest viruses, other disease agents 
that are specifically addressed in current parts 92 and 94 are: In part 
94, African swine fever virus, hog cholera (also known as classical 
swine fever virus), swine vesicular disease virus, velogenic Newcastle 
disease virus (also known as avian pneumoencephalitis or VVND virus), 
fowl pest (also known as fowl plague or highly pathogenic avian 
influenza), bovine spongiform encephalopathy, and Salmonella 
enteritidis phage type 4; in part 92, Akabane virus, bluetongue virus, 
epizootic hemorrhagic disease virus, contagious pleuropneumonia, surra 
caused by Trypanosoma evansi, fever ticks and other ticks, vesicular 
stomatitis, Trypanosoma vivax, dourine caused by Trypanosoma 
equigenitalium, glanders caused by Pseudomonas mallei, equine 
piroplasmosis caused by Babesia equi or B. caballi, equine infectious 
anemia, contagious equine metritis caused by Taylorella equigenitalis, 
African horse sickness virus, Venezuelan equine encephalitis virus, 
epizootic lymphangitis caused by Histoplasma farciminosum, and Taenia

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multiceps (also known as Taenia coenurus).

Additions of Exotic Diseases

    In this document, we are proposing to add the following exotic 
diseases to the list of restricted diseases mentioned above. A 
description of the disease that would be added is included with each 
entry.
    African or wildebeest or alcephalene malignant catarrhal fever 
(MCF) is caused by a herpesvirus found in Africa, and is primarily 
transmitted from carrier wildebeest to cattle when the wildebeest 
calve. Wildebeest are the primary reservoir of this virus. The ``sheep-
associated form'' of MCF is present in most of the world, including the 
United States. Neither the wildebeest-transmitted form nor the sheep-
associated form of MCF are known to spread directly from cattle to 
cattle, so the principal concern would be importation of wildebeest or 
other host species from Africa that could increase the spread and 
seriousness of the disease in cattle or native wildlife species, some 
of which have been shown to be susceptible. (Heuschele, W. P., 1992, 
Foreign Animal Diseases, U. S. Animal Health Assoc., Richmond, VA, 273-
284.) Because it cannot be concluded with certainty that other 
ruminants cannot spread the disease, the restrictions of this proposal 
with regard to MCF would apply to all ruminants.
    Aino virus is a Bunyavirus of the Simbu group that produces fatal 
deformities in cattle similarly to Akabane virus. It has been found in 
Australia and Asia, particularly in Japan and Taiwan. It is transmitted 
by various species of Culicoides and, because of the distribution of 
potential vectors in the southern United States, could potentially 
become endemic in that area if it were to become established. 
(Moriwaki, M. et al. 1977. Natl. Inst. Anim. Heal. Qtrly, Jap. 
17(3):95-106.; St. George, T. D. et al. 1989, in The Arboviruses: 
Epidemiology and Ecology. Vol IV. Ed. Monath, T.P. CRC Press, Boca 
Raton, FL, 145-166.; Fukutomi, T. 1991. J. Jap. Vet. Med. Assoc. 
44(1):17-19.)
    Bovine ephemeral fever, also known as Kotonkan, Obadhiang, Puchong, 
or bovine epizootic fever virus, is an arthropod-borne viral disease of 
cattle and water buffalo in Africa, Australia and Asia. Affected cattle 
suffer severe loss of weight and condition, decreased milk production, 
and infertility in males. The reservoir hosts are not known, but water 
buffalo have been shown to have a prolonged viremia (Young, P.L., 1979, 
Austl Vet J. 55(7):349-350). It could be a potentially serious problem 
in the southern States of the United States because of the distribution 
of potential vectors. If it were to become established, there would be 
little likelihood that it could be eradicated. (St. George, T. D., 
1992, Foreign Animal Diseases, U. S. Animal Health Assoc., Richmond, 
VA, 125-133.)
    Bovine infectious petechial fever, also known as Ondiri disease, is 
caused by the rickettsia Erlichia (Cytocetes) ondiri in cattle and 
results in high mortality, abortion, and reduced lactation. It is found 
primarily in east Africa, and a tick vector is suspected. Infected 
cattle can remain infected for many months. There may be potential 
ticks or other vectors in the United States that can transmit the 
rickettsial cause of this disease. (Davies, G. 1993. Vet. Microbiol. 
34(2):103-121.)
    Brucella melitensis has been eradicated from the United States, but 
is found in Mexico, Central and South America, southern Europe, Asia, 
and Africa. It is a serious disease, causing abortion in sheep and 
goats, and can also infect cattle. It is also a serious human health 
risk. (Alton, G.G., 1990, in Animal Brucellosis., Ed. Neilson, K. and 
J. R. Duncan, CRC Press, Boca Raton, FL, 383-410.)
    Congo or Crimean hemorrhagic disease virus is caused by tick-
transmitted virus and causes fever, anorexia and depression in cattle 
and goats in Africa and Asia. It may cause a sporadic, severe, and 
often fatal disease in people. A tick-rodent-cattle cycle maintains the 
virus in nature. Birds are responsible for distributing infected ticks, 
but most birds are resistant. Infection has been reported in ratites. 
Transmission to humans has been reported to occur with direct contact 
with blood of infected cattle and ostriches. This group of viruses is 
not found in the Western hemisphere but could possibly become 
established, and would be virtually impossible to eradicate. (Lvov, 
D.K., 1994, in Handbook of Zoonoses, 2nd Ed. Section B., ed. Beran, G. 
W., CRC Press, Boca Raton, FL, 251-252.)
    Contagious agalactia of sheep and goats caused by Mycoplasma 
agalactiae results in fever, malaise, arthritis, eye lesions, and, in 
females, mastitis and reduced milk production. Losses are due to high 
morbidity and loss of milk and meat production. It is found in parts of 
Europe, Asia, and North Africa and has been reported from Australia, 
South Africa, and South America. Low virulence strains are found in 
North America, but do not cause classical disease. Infected animals are 
the primary reservoir. This is potentially a costly disease for the 
milk goat industry in the United States. (Mare, J., 1992, Foreign 
Animal Diseases, U. S. Animal Health Assoc., Richmond, VA, 140-145.)
    Globidiosis is due to the protozoan parasites Besnoitia besnoiti 
that affect ruminants, causing damage to skin, subcutis, blood vessels, 
mucous membranes and other tissues. They cause large, thick-walled 
cysts and severe debilitation of the animal. Convalescence is slow, and 
permanent sterility can occur in male animals. Affected animals are 
lifelong carriers, but cats and other felines are the definitive 
carrier host. It is found in southern Europe, Africa, Asia, and South 
America, and is transmitted by several biting flies, many species of 
which exist in the United States. A related species, Besnoitia bennetti 
is rare, but has been found in the southern States of the United 
States, and can cause a chronic disease in horses. This species would 
not be considered a restricted agent. (Levine, N.D., 1985, Veterinary 
Protozology, Iowa St. U. Press, Ames, IA, 256-259.)
    Goat pox and sheep pox viruses cause acute to chronic generalized 
pox lesions, fever, and pneumonia with a long recovery and occasionally 
high mortality in sheep and goats. They are found in Africa, Asia, and 
parts of Europe. Besides loss of animal productivity, these viruses 
cause damage to hides and wool. The viruses are very resistant and can 
be carried on hides or wool. (House, J. A, 1992, Foreign Animal 
Diseases, U. S. Animal Health Assoc., Richmond, VA, 343-350.)
    Heartwater, also known as Cowdriosis, is caused by a rickettsia 
Cowdria ruminantium and produces an acute disease of ruminants 
transmitted by ticks. It is primarily transmitted by ticks of the genus 
Amblyomma. It is one of the three most serious livestock diseases in 
Africa, and has been found on some of the islands of the Caribbean. Two 
native North American species of Amblyomma have been found capable of 
transmitting the disease. Some wild ruminant species in Africa are 
known to be carriers of the infection. This is potentially one of the 
most serious exotic disease threats to the U. S. livestock industry. 
(Mare, J., 1992, Foreign Animal Diseases, U. S. Animal Health Assoc., 
Richmond, VA, 218-228.)
    Japanese encephalitis virus causes encephalitis in people and 
horses. Its primary reservoir is in birds and in swine, in which it 
causes stillbirths. It is transmitted by various species of

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mosquitoes. It is primarily found in temperate and tropical eastern 
Asia. (Shope, R. E., 1992. Foreign Animal Diseases, U. S. Animal Health 
Assoc., Richmond, VA, 246-253.)
    Jembrana disease, also known as Tabanan disease, is caused by a 
retrovirus related to Bovine Immunodeficiency-like Virus (Chadwick, B. 
J., 1995, J. Gen. Virol. 76(1):189-192). It causes a rinderpest-like 
disease of cattle and buffalo, and has caused heavy losses in 
Indonesia. Recovered cattle may be lifetime carriers. Ticks are thought 
to be a vector. (Hartaningih, N., et al., 1993. Vet. Microbiol. 38(1-
2):15-23; ibid. 38(1-2):23-29; Darma, D.M.N, et al., 1994. Vet. 
Immunol. & Immunopath. 44(1):31-44.) This virus could be a serious 
disease problem in much of the world. Until the epidemiology is better 
known, great care should be taken to avoid importing animals that may 
carry this virus into the United States.
    Lumpy skin disease virus, also known as Neethling virus, causes an 
acute or chronic disease in cattle characterized by skin nodules and 
lymphadenitis. The virus is similar to sheep pox and goat pox viruses. 
It is found throughout Africa and the Middle East. It is transmitted 
primarily by biting flies. Losses are primarily due to a prolonged 
recovery, with emaciation, lowered milk production, hide damage, and 
other secondary infections. The virus may persist for long periods on 
contaminated premises. The disease is very difficult to eradicate once 
it becomes established. (House, J. A., 1992, Foreign Animal Diseases, 
U. S. Animal Health Assoc., Richmond, VA, 264-272.)
    Melioidosis, caused by the saprophytic soil bacteria Pseudomonas 
pseudomallei, affects people and a wide variety of animals and 
resembles glanders. It occurs widely throughout southeastern Asia and 
parts of the tropical Americas, including Puerto Rico. It is a serious 
public health problem in southeastern Asia and also causes serious loss 
of production in animals. Animals may be latently infected for many 
months. Once the soil becomes contaminated, it is virtually impossible 
to eliminate the organism. The soil of the southeastern States in the 
United States could readily become endemically contaminated with the 
organism. Care must be taken to be certain that imported animals are 
not the source of introduced contamination with the organism, as they 
would more likely result in soil contamination than infected humans. 
(Grove, M. G., Harrington, K. S., 1994, Handbook of Zoonoses, Section 
A. 2nd Ed., CRC Press, Boca Raton, FL, 155-165.)
    Near east encephalomyelitis affects horses and domestic ruminants, 
causing a low-grade fever, nervous signs and death. The causative agent 
is uncertain, but a tick-borne virus is suspected. The disease is 
similar to Borna disease, which is found in Europe. The disease is 
found in the Middle East and Asia. (Robertson, 1976, Handbook on Animal 
Diseases in the Tropics, British Vet. Assoc., London, Eng, UK. 67-68.)
    Nairobi sheep disease virus, also known as Dugbe or Ganjam virus, 
is transmitted by ticks to sheep and goats and is characterized by 
acute hemorrhagic gastroenteritis and high mortality. The disease is 
found in Africa and Asia (Ganjam virus). The primary reservoir is the 
tick Rhipicephalus appendiculatus, in which transovarial transmission 
of the virus occurs. Other ticks have been found able to transmit the 
virus, but cannot maintain the virus because they do not transmit it 
through their eggs. (Groocock, C. M., 1992, Foreign Animal Diseases, U. 
S. Animal Health Assoc., Richmond, VA, 285-292.)
    Parafilaria bovicola is a filarial worm that causes hemorrhagic 
nodules on the skin, with bruise-like lesions under the skin and in 
muscle tissues. Several licking flies have been shown to be capable of 
transmitting the parasite, including some present in the United States. 
Although the parasite has been found in imported cattle in Canada, it 
does not appear to have become established. All regions of the world 
except Australia, New Zealand, North America, and South America appear 
to be affected with this parasite. Losses include damage to hides, and 
condemnation of meat from slaughtered animals. (Steen Bech-Nielsen, 
1992, Foreign Animal Diseases, U. S. Animal Health Assoc., Richmond, 
VA, 293-302.)
    Peste des petits ruminants, also known as goat plague, is a 
contagious disease due to a virus similar to rinderpest virus in sheep 
and goats. Rare cases have been described in cattle and swine, but 
these animals appear unable to transmit the disease to other animals. 
It occurs in Africa, the Middle East and southern Asia. Wild ungulates 
such as the white-tailed deer in the United States are susceptible. The 
virus could become established in sheep or goats in the United States 
and cause severe losses if it became established in white-tailed deer 
herds or other native North American wild ruminants. (Saliki, J. T., 
1992, Foreign Animal Diseases, U.S. Anim. Health Assoc., Richmond, VA, 
303-310.)
    Rift Valley fever virus affects ruminants, dogs, cats and people. 
It causes abortions and a fatal illness in young animals, and is 
transmitted by various species of mosquitoes, including native North 
American species. Its distribution has been limited to Africa. Animals 
do not remain carriers of the virus for long periods of time. (Peters, 
C. J. and K. J. Linthicum, 1994, in Handbook of Zoonoses, 2nd Ed., 
Section B., Ed. Beran, G. W., CRC Press, Boca Raton, FL, 125-138.)
    Teschen disease, also known as polioencephalomalacia of swine, 
Talfan disease, or benign enzootic paresis, is an infectious nervous 
disease of pigs caused by an enterovirus similar to human 
poliomyelitis. It has been found only in Europe and parts of Africa. 
Control programs in Europe have virtually eliminated the virulent form 
of the virus in Europe. Similar enteroviruses of swine with low 
pathogenicity are found throughout the world, including North America. 
Infected swine may shed the virus for several weeks even though they 
may be asymptomatic. (Derbyshire, J. B., 1989, in Virus Infections of 
Porcines, Ed. M. B. Pensaert, Elsevier Science Publishers, B.V., New 
York, NY, 225-239.)
    Theileriosis, also known as east coast fever, corridor disease, or 
Mediterranean fever, are a group of diseases that affect cattle and 
that occur primarily in Africa and the Mediterranean area. The 
causative agent of east coast fever, Theileria parva, and the causative 
agent of corridor disease, T. lawrenci, are limited in their 
distribution to Africa by the distribution of Rhipicephalus spp. ticks, 
which are the intermediate host. However, the existence of potential 
vectors in the United States could make introduction of this agent an 
animal health problem in this country. Mediterranean fever is caused by 
T. annulata, which is found in the Mediterranean area and eastern 
Europe and for which the intermediate host are ticks of the Hyalomma 
genus. Malignant theileriosis of sheep and goats is caused by T. hirci, 
and the intermediate host has been shown to be ticks of the genus 
Rhipicephalus and Hyalomma. It is similar to T. annulata in its 
distribution. (Young, A. S. and C. M. Groocock, 1992, Foreign Animal 
Diseases, U.S. Anim. Heal. Assoc., Richmond, VA, 177-187; 1976, 
Handbook on Animal Diseases in the Tropics, Ed. Robertson, A., British 
Vet. Assoc., London, Eng., 178-189.)
    Tick-borne encephalitis, also known as louping ill or Central 
European encephalitis, is caused by a tick-transmitted group of viruses 
found in Asia and Europe. Louping ill primarily affects sheep with an 
acute, often fatal, encephalitis. Swine, cattle, horses, and humans may 
also be affected. There may

[[Page 16982]]

be ticks in the United States that could transmit these agents, but 
they have not been sufficiently researched. (Timoney, P. J., 1992, 
Foreign Animal Diseases, U.S. Animal Health Assoc. Richmond, VA, 254-
263.)
    Tick-borne fever (TBF), due to the rickettsia Erlichia (Cytocetes) 
phagocytophilia, affects domestic and wild ruminants, causing high 
fever, reduced lactation and abortion. It is transmitted by various 
ticks. It is found in Africa, Asia and Europe. The carrier state in 
cattle lasts for several months. The disease is seldom fatal but causes 
a severe immunosuppression that exacerbates other latent infections, 
such as Johne's disease. (Larsen, H. J. S. et al., 1994, Res. Vet. Sci. 
56(2):216-224.) It may be able to be transmitted by some native North 
American ticks, so care should be taken to prevent introduction. 
(Robertson, A., 1976, Handbook on Animal Diseases in the Tropics, Brit. 
Vet. Assoc. London, Eng. U.K. 88-90.)
    Wesselsbron virus causes abortions, neonatal death and congenital 
abnormalities primarily in sheep, but also has caused mild disease in 
cattle, goats, pigs, equines, camels, rodents, dogs, and humans in sub-
Saharan Africa. It is carried by many species of African wildlife and 
is transmitted by mosquitoes. This disease, if introduced into the 
United States, could probably become established. It is likely that 
mosquito vectors in the United States could easily transmit the virus. 
(Barnard, B.J.H., 1990, in Virus Infections of Ruminants, Ed. Dinter, 
Z. and B. Morein, Elsevier Sci. Publishers, New York, NY, 291-294.)

Additions of Domestic Diseases

    In addition to import restrictions to guard against the importation 
into the United States of animal diseases from other countries, the 
regulations in 9 CFR contain requirements regarding livestock disease 
agents that exist in the United States but that are subject to Federal 
or cooperative Federal/State control or eradication programs. For 
ruminants and swine, these diseases include Brucella abortus, B. suis 
(9 CFR part 78), Mycobacterium bovis (9 CFR part 77), pseudorabies 
virus (9 CFR part 85), scabies (9 CFR part 73), and scrapie (9 CFR 
parts 54 and 79). With our proposed shift to a regionalized approach, 
we believe it is now necessary to specifically address these diseases 
in the import regulations.

Definition of Region

    In Secs. 92.1, 93.401, 93,501, 94.1, 95.1, and 96.1 of this 
proposed rule, we would define the term region to mean ``any defined 
geographic land region identifiable by geological, political, or 
surveyed boundaries.'' Under this definition, a region may be a 
national entity, part of a national entity, combined parts of several 
national entities, or a group of several national entities combined 
into a single trading block. Section 92.5 of this proposed rule 
contains procedures, discussed below under the heading ``Application 
for Risk Class Recognition,'' for requesting establishment of a 
specific region.

Criteria for Risk Classification

    As discussed above, this proposed rule is a departure from the 
current regulations in that a region would not be classified simply as 
one in which a specific disease is or is not known to exist. Rather, a 
region in which we have determined that a certain disease does not 
exist would be classified as one of three different risk class levels, 
depending on the risk that the disease might be introduced into the 
region. Likewise, under this approach, two separate risk 
classifications for regions in which a disease is known to exist would 
be established, as well as one additional risk class category for 
countries or regions that do not yet have specific classification as 
another risk class level. Therefore, under this proposed rule, regions 
would fall into one of six risk class levels or categories.
    The six risk class levels would be titled ``RN'' or ``negligible 
risk class regions,'' ``R1'' or ``slight risk class region,'' ``R2'' or 
``low risk class region,'' ``R3'' or ``moderate risk class region,'' 
``R4'' or ``high risk class region,'' and ``RU'' or ``unknown or 
unclassified risk class region.'' The criteria for each risk class are 
set forth in Sec. 92.3 of this proposal. A region classified as RN 
would present the least risk of disease transmission, with R1, R2, R3, 
and R4 presenting increasing risk of disease transmission. An RU region 
would be one that has not yet been classified.
    It is important to note that each of the risk classifications would 
be based on unrestricted importation of animals and animal products--
i.e., the risk of a disease being imported into the United States if no 
mitigating biosecurity measures were in place. Under this proposal, the 
actual biosecurity measures for the importation of animals and animal 
products become increasingly stringent as the risk class number 
increases. With these biosecurity measures in place, we believe that 
the disease risk from the importation of animals and animal products 
from each of the regions would be negligible, or equivalent to that of 
a Risk Class RN. In some cases, however, because of the virulent nature 
of the disease in question, no importations of susceptible animals or 
animal products would be allowed from regions classified as Risk Class 
R3, R4, or RU.
    Under this proposal, it is possible that a region would have two or 
more different classifications for different diseases that affect the 
same type of animal. For example, with regard to diseases that affect 
swine, a region could theoretically be classified as RN for African 
swine fever and R3 for hog cholera. In such a case, the risk 
classification with the more stringent restrictions (in this case R3 
for hog cholera) would govern the importation of any swine from the 
region, in order to assure that the most protective restrictions are 
applied.

Criteria for Risk Classification

    A region could seek a particular risk classification in one of two 
ways. The first option would be to demonstrate to APHIS that it meets a 
series of conditions, discussed below under the heading ``Risk Class 
Criteria,'' regarding such factors as disease history, surveillance, 
geography, and infrastructure. Assessing disease risk based solely on 
such conditions is consistent with APHIS's current method of 
determining the risk that a particular disease exists in a country. It 
differs from our current approach in that it would be applicable to 
regions, rather than just to countries, and that it takes into account 
different levels of risk.
    We recognize, however, that qualitative conditions can be used in 
developing a quantitative risk assessment (QRA) that estimates the 
probability of the existence of disease in numerical terms. We view 
such a QRA, conducted according to accepted scientific standards, as an 
alternative to assessing disease risk based solely on qualitative 
criteria, and have included such an option in Sec. 92.3 of this 
proposed rule. Therefore, under this proposed rule, a region seeking a 
particular disease classification could do so either by meeting the 
qualitative criteria for that classification, or by conducting and 
submitting to APHIS a scientifically valid QRA determined by the 
Administrator to demonstrate that the probability of the existence in 
that region of a live animal infected with a particular disease does 
not exceed the risk limit we propose for that disease classification. 
The risk limit for each of the risk level classifications is discussed 
below.
    Because determination of disease risk through a scientifically 
valid QRA would constitute a substantial departure from our current 
method of assessing the disease risk of an area, we encourage

[[Page 16983]]

comments from the public on whether such QRA's constitute a reasonable 
alternative to assessing risk solely based on qualitative criteria, 
and, if so, what methodologies would be acceptable in determining 
disease risk. We are proposing that a risk classification would be 
assigned by the Administrator based on a QRA only after the 
Administrator has reviewed the assessment and has determined that it 
was developed according to scientifically acceptable methods.
    For each of the proposed risk classifications we discuss below, we 
set forth a risk limit we believe would be acceptable for that 
classification if a valid QRA were conducted. For instance, for a 
region to be classified as Risk Class RN (Negligible Risk), we propose 
that a QRA must conclude that fewer than 1 per 1 million (10-6) 
live animals in that region would be expected to be infected with a 
restricted agent. We have proposed these numerical limits based on the 
level of risk we believe should reasonably be expected in a region 
considered to be of ``negligible,'' ``slight,'' ``low,'' ``moderate,'' 
``high,'' or ``unknown'' risk, respectively. We recognize, however, 
that research and other data may be available from the public that will 
suggest that the numerical limits we are proposing be adjusted before 
this rule is made final. We encourage the submission of such 
information from the public.
    A discussion of each of the risk class levels follows.

Risk Class RN Regions

    Animals or animal products imported from a region classified as 
Risk Class RN would present a negligible risk of introducing or 
spreading a disease in the United States. The dictionary definition of 
``negligible'' would apply,i.e., ``so small or unimportant or of so 
little consequence as to warrant little or no attention'' (Webster's 
3rd New International Dictionary, 1966, Rand McNally and Co. Chicago, 
Ill.).
    To achieve Risk Class RN classification, the region would have to 
be one in which the restricted agent has not been diagnosed within the 
region during the lifetime of any currently living susceptible animals. 
The mere fact that the restricted agent has not been reported in a 
region would not be considered adequate evidence of absence of the 
disease, if it cannot be shown that surveillance in the region is in 
place to report, diagnose, and control any occurrences of the disease 
(passive surveillance). Occasional or periodic surveys for the 
restricted agent in the region (active surveillance) would be 
beneficial but not necessarily required in all cases. The requirement 
for surveys could depend upon the disease and type of infrastructure in 
the region. For instance, although it may be necessary, in order to 
determine the initial classification of a region, to have a survey 
conducted to establish that a disease does not appear to be present, 
there may be no need for subsequent surveys as long as passive 
surveillance exists. This determination would be made by the APHIS 
evaluation team that evaluates the application for recognition of a 
region. Not requiring active surveillance in all cases in an RN region 
would be parallel to the situation in the United States, where as a 
rule routine surveillance testing is not done for exotic diseases but 
passive surveillance is maintained.
    Additionally, for a region to be classified as RN, the restricted 
agent could not be known to exist within any defined region adjacent to 
the RN region, and any adjacent R1 or R2 regions (described below) for 
the disease would need to be separated from the RN region by natural or 
man-made physical barriers or protected borders. All border access 
points from adjacent R1 or R2 regions for the disease would need to be 
controlled to prevent movement of susceptible animals or animal 
products from the adjacent regions, except under conditions that have 
been reviewed and approved by the Administrator of APHIS. Movement of 
animals and animal products into the RN region from R1, R2, R3, R4 or 
RU regions for the disease would need to be done only under conditions 
that have been determined by the Administrator to achieve the same 
level of biosecurity as required for importation from R1, R2, R3, R4, 
or RU regions into the United States.
    Also, in general, vaccination of any potential carrier animals for 
restricted disease agents must have been prohibited within the RN 
region during the lifetime of any currently living susceptible animals. 
However, vaccinations could be allowed for certain diseases such as 
vector-transmitted diseases, or for animals specifically vaccinated to 
meet import requirements of other regions, when the Administrator 
determines that such vaccination would not increase the risk of 
importing restricted agents into the United States. Whether such 
vaccination would be allowed would depend on the disease in question, 
the type of vaccine used, and factors such as whether the vaccinated 
animals are immediately exported from the region.
    In a region classified as Risk Class RN, there would need to be 
resources and commitment on the part of the animal health authorities 
governing the region and of the animal industry in question to respond 
to any occurrences of a restricted agent. We would interpret 
``respond'' to mean taking action to rapidly control and eradicate any 
occurrences of the restricted agent that might occur.
    If a QRA using scientifically accepted methods is done, the results 
for an RN region would need to show that fewer than 1 out of 1 million 
(1 x 10-6) live animals would be expected to be affected with the 
restricted agent. Based on the standards of negligible risk employed by 
other Federal agencies, we believe that a region in which 10-6 
live animals would be expected to be infected could reasonably be 
classified as a region of negligible risk.
    A region previously classified as Risk Class RN in which a 
restricted agent is determined to exist could be reclassified as Risk 
Class RN 3 years after all known infected and exposed reservoirs of 
disease in the region have been eliminated.

Risk Class R1 Regions

    Animals or animal products imported without restriction from a 
region classified as Risk Class R1 would present a slight risk of 
introducing or spreading a disease in the United States. Again, the 
dictionary definition of the term would apply. ``Slight'' is defined as 
``small of its kind or in amount'' (Webster's 3rd New International 
Dictionary, 1966, Rand McNally and Co. Chicago, Ill.). We would 
consider a region that presents a slight risk (Risk Class R1) to be 
essentially the same as one that presents a negligible risk (Risk Class 
RN), except that regions classified as R1 that have been previously 
affected with a particular disease may not have been without the 
presence of the disease for as long a period of time as an RN region, 
and R1 regions may be regions that share borders with, or trade 
extensively with, regions where the disease is known to exist. The 
likelihood of residual infection in the R1 region would be considered 
to be negligible.
    Vaccination requirements would be the same as for Risk Class RN 
regions, except that there could be animals within the region that were 
vaccinated prior to the region being classified as Risk Class R1, 
provided they are under provisional quarantine. In Sec. 92.1 of the 
proposed regulations, a provisional quarantine would be defined as 
restrictions placed on movements of vaccinated livestock where the 
restricted agent in question is not known to exist in livestock, but 
where

[[Page 16984]]

the possibility of exposure exists. Under a provisional quarantine, 
vaccinated livestock not known to be affected with the disease could be 
moved to affected regions, i.e., to regions having animals affected 
with the disease, or to regions that do permit vaccination.
    Under the proposed regulations, a region classified as R1 could be 
adjacent to regions that are affected with the disease in question, but 
would need to be separated from those regions by natural or man-made 
physical barriers, or by protected borders. If border controls were not 
in place, affected animals, animal products, or vectors could move or 
be moved readily across the border. However, to guard against such 
movement, all border access points from adjacent R2, R3, R4 or RU 
regions would need to be controlled to prevent movement of susceptible 
animals or animal products from the adjacent regions, except under 
conditions that have been reviewed and approved by the Administrator.
    In an R1 region, there must be active surveillance for the 
restricted agent in the region. However, as a matter of policy, we 
would not require that the surveillance be continuous, because, in a 
region classified as Risk Class R1, the concern would not be primarily 
with residual infection in the region or with vaccine masking of 
infection. Any infection that might be found in the region should be an 
introduced infection. Because the population in an R1 region would be 
susceptible and the disease would be one not familiar to the region, 
passive surveillance would be effective in detecting any occurrence of 
the disease. The requirement regarding adequate response to disease 
introduction that is discussed above under RN criteria would also apply 
to R1 regions.
    If a QRA is done using scientifically accepted methods, the results 
for an R1 region would need to show that fewer than 1 per 100,000 
(1x10-5) live animals would be expected to be infected with the 
restricted agent.
    A region previously classified as Risk Class RN or R1 in which a 
restricted agent is determined to exist could be reclassified as Risk 
Class R1 2 years after all known infected and exposed reservoirs of 
disease in the region have been eliminated.

Risk Class R2 Regions

    Animals or animal products imported without restriction from a Risk 
Class R2 region would present a low risk of introducing or spreading a 
disease in the United States. A Risk Class R2 region would be one that 
has been affected with a particular restricted agent in the past, but 
in which a sufficient period of time has passed (5 years for bovine 
spongiform encephalopathy and scrapie, 1 year for all other restricted 
diseases) with no reported cases of the disease to make it likely that 
active disease no longer exists in the region. In a Risk Class R2 
region, the maximum annual herd incidence of the restricted agent over 
the past 5 years would need to be less than 0.1 percent, the likelihood 
of residual infection would be low and there would be a low risk of 
importation of affected animals, animal products or vectors from 
adjacent areas or trading partners.
    Any adjacent R3, R4, or RU regions for the disease would need to be 
separated by natural or man-made physical barriers, or protected 
borders, and there would need to be suitable control of border access 
points from adjacent R3, R4, or RU regions for the disease to prevent 
movement of susceptible animals or animal products from the adjacent 
regions, except under conditions that have been reviewed and approved 
by the Administrator. Movement of animals and animal products into the 
R2 region from R3, R4, or RU regions for the disease could be done only 
under conditions that have been reviewed by the Administrator and that 
have been determined to achieve the same level of biosecurity as 
required for importation from R3, R4, or RU regions into the United 
States.
    There would need to be a continuous active surveillance program in 
the region, as well as a passive surveillance system, and, as for an R1 
region, there would need to be resources and commitment on the part of 
the animal health authorities governing the region and of the animal 
industry in question to respond to (i.e., rapidly control and 
eradicate) any occurrences of the restricted agent.
    Vaccination may be allowed in the R2 region, under the same 
conditions as for an RN or R1 region, with additional vaccination 
allowed for those herds that are at greatest risk of exposure from 
animals from affected regions. Generally, however, as a matter of 
policy, vaccinated animals will not be allowed into the United States. 
Under our current regulations in parts 92 and 94, a country that 
permits vaccination would not normally be considered free of the 
disease in question.
    If a QRA is done using scientifically accepted methods, the results 
for an R2 region would need to show that fewer than 1 per 10,000 
(1x10-4) live animals would be expected to be infected with the 
restricted agent.

Risk Class R3 Regions

    Animals or animal products imported without restriction from a Risk 
Class R3 region would present a moderate risk of introducing or 
spreading a disease in the United States. Such a region would meet the 
definition of a ``low prevalence region'' under the GATT agreement. 
(GATT, Side Agreement on the Application of Sanitary and Phytosanitary 
Measures, Annex A, Item 7; also GATT Implementing Act, Dec. 1994, 
Sanitary and Phytosanitary Measures, Section 1, Paragraph f). In an R3 
region, a restricted agent may have been diagnosed within the previous 
year, but the annual herd incidence of the disease over the previous 5 
years may not have exceeded 0.1 percent.
    Any adjacent R4 and RU regions for the disease would need to be 
separated by natural or man-made physical barriers or protected 
borders, and all border access points from adjacent R3, R4, or RU 
regions for the disease would have to be strictly controlled to prevent 
movement of susceptible animals or animal products from the adjacent 
regions, except under conditions that have been reviewed and approved 
by the Administrator. Movement of animals and animal products into the 
region would need to be carried out only under conditions that have 
been reviewed by the Administrator and that have been determined to 
achieve the same level of biosecurity as required for importation from 
R4 or RU regions into the United States.
    Vaccination would be allowed under the same conditions as for an R2 
region. Such a region would need to have an active control and 
surveillance program, with the goal of eradicating the disease in 
question.
    The results of a QRA for an R3 region, if done, would need to show 
that fewer than 1 per 1,000 (1x10-3) live animals would be 
expected to be infected with the restricted agent.

Risk Class R4 Regions

    Animals or animal products imported without restriction from a Risk 
Class R4 region would present a high risk of introducing or spreading a 
disease in the United States. A ``high risk'' region would be one in 
which a control and surveillance program exists, but in which the 
prevalence of the restricted agent is excessively high or where the 
program does not have the goal of eradication. In an R4 region, a 
restricted agent has been diagnosed during the previous year, and the 
annual herd incidence of the disease over the past 5 years may have 
exceeded 0.1 percent in 1 or more years or may be unknown.

[[Page 16985]]

The R4 region would need to maintain a passive and active surveillance 
system for restricted disease agents, but the level of surveillance may 
not fully meet standards for an R3 region.
    In an R4 region, vaccination for any restricted agent may vary from 
herd to herd within the region. If vaccination is used as the primary 
control procedure, at least 80 percent of the livestock in 80 percent 
of the herds must be vaccinated as often as recommended by the 
manufacturers of the vaccine. In an R4 region, movement of animals and 
animal products from R3, R4 and RU regions for the restricted agent may 
not be adequately controlled.
    The results of a QRA for an R4 region, if done, would need to show 
that less than 1 per 100 (1x10-2) live animals would be expected 
to be infected with the restricted agent.

Risk Class RU Regions

    An additional risk category, Risk Class RU, will be defined as an 
unclassified or unknown risk. Such a region may not have any 
surveillance or control program. A region classified as RU may report 
no known occurrence of a restricted agent, but, because of lack of 
surveillance, cannot be expected to provide reliable data about the 
occurrence of the disease in the region. A region classified as RU may 
have the necessary data to qualify as a classified region, but if the 
officials in the region have not furnished the data, requested 
classification of the region, or allowed reasonable access as required 
in NAFTA, vol. I, part 2, chap. 7, section B, article 716 or GATT-
AASPM, article 6, the region shall remain unclassified. The results of 
a QRA may not be possible from an RU region due to lack of information; 
or, if information is available, the results may exceed 1 per 100 
(1x10-2) live animals in the region expected to be infected.
    In cases where a QRA is not done, the qualitative criteria for 
classification of an area, as set forth in proposed Sec. 92.3, 
``Criteria for risk classification,'' will be used to classify a region 
as a Risk Class RN (Negligible Risk), R1 (Slight Risk), R2 (Low Risk), 
R3 (Moderate Risk), or R4 (High Risk). Any region that does not meet 
the qualitative requirements of these risk classifications, or does not 
meet the minimally acceptable risk level expected of a QRA, will be 
classified as Risk Class RU (Unclassified or Unknown). When the results 
of a QRA are not available for calculating the risk of introduction of 
a restricted agent through a specific commodity, then the upper limits 
of the QRA for the risk class region will be used as the source or 
country factor (explained below) in calculating the final risk.

Calculating Risk

    In determining whether a particular commodity (animal or animal 
product) should be imported into the United States, the ultimate 
concern is how much of a risk of disease introduction does that 
commodity present. For the purposes of this discussion, we refer to the 
ultimate risk of disease introduction as ``final risk.'' Before a 
commodity would be allowed to be imported under this proposed rule, the 
final risk would have to be negligible.
    In arriving at final risk, several different types of risk need to 
be considered. These risks can be identified according to the source 
(country or region), to the commodity (live animals or animal 
products), and to the destination (importing country or region). All of 
these risks contribute to calculating the final risk of disease 
introduction into the importing country or region. Even commodities 
from regions with a relatively high source risk can present a 
negligible final risk if adequate mitigating measures are taken to 
reduce the commodity risk. Measures can also be taken at the 
destination (e.g., post-entry quarantine) to reduce the destination 
risk.
    The risk classifications described in Sec. 92.3 of this proposed 
rule establish the risk only for the source, with no consideration of 
what kind of product or commodity is being exported. These risk 
classifications are then used as a starting point from which to 
determine the necessary mitigating measures for each commodity, as set 
forth in Secs. 93.415 and 93.515 of this proposed rule, for live 
ruminants and swine respectively, and as set forth in parts 94, 95, 96, 
and 98 for meat, germplasm, and other animal products.
    The ``commodity risk'' is distinct from the source or destination 
risk. In calculating the commodity risk, the assumption is that the 
commodity begins as infected or contaminated. The commodity risk would 
be the likelihood that the commodity would still be infected after the 
storage, handling, processing, etc., it must undergo in reaching the 
final user. The commodity risk would be the same for like commodities, 
regardless of the source or destination risk. Theoretically, the final 
risk, i.e., the risk after mitigating measures are applied, would be 
the source risk times the commodity risk times the destination risk. 
However, in calculating the ``final risk'' for importations into the 
United States, we would multiply only the commodity risk times the 
source risk, and not factor in the destination risk. We are using this 
cautious approach to determine risk based on the premise that any 
importation of a restricted agent is undesirable.
    However, we invite comments on whether ``destination risk'' should 
also be factored into ``final risk.'' We recognize that, in some cases, 
the restricted transportation in the United States and ultimate 
restricted use of a regulated product can reduce the risk that the 
product will endanger the livestock of the United States. For instance, 
Sec. 94.12(b)(4) of the current regulations allows, in specific cases, 
for the importation of small amounts of pork or pork products whose 
importation is otherwise restricted due to the existence of swine 
vesicular disease in the country of origin, provided the pork or 
product is imported for examination, testing, or analysis, and provided 
the importation is approved by the Administrator.
    We invite comment on whether factors such as destination or use 
should be generally considered in establishing ``final risk'' under the 
revised regulations. We particularly invite comment regarding the 
mitigating effects of the use of products and the destination of 
animals. For example, with regard to a vector-borne disease, should 
restrictions on the importation of an animal take into account whether 
the vector is not known to exist in the area of the animal's 
destination, or is not active at the time of year the animal is to be 
imported?

Proposed Risk Model

    The formulae for calculating the risk of importing a restricted 
agent can be illustrated with the following model: Assuming that a 
commodity with a risk factor calculated to be 1 per million (1/
1,000,000) is imported from a source region classified as R3 (risk 
factor 1 per thousand (1/1,000)) where a specific QRA has not been 
done, then the final risk per unit of the commodity would be 1/
1,000,000 times 1/1,000 or 1/1,000,000,000 (1 per billion or 
.000,000,001). If 1 million animal units were going to be represented 
in the total commodity imported per year, then the likelihood of 
importing one or more infected units of the commodity would be as 
follows:

    Given:
P{I=0} = Probability of zero infected units in the shipment.
 P{I>0} = Probability of one or more infected units in the 
shipment.
p = Risk probability factor = 1 per billion or .000,000,001.
N = Number of animal units represented in the shipment.


[[Page 16986]]


    Then: From the Binomial distribution function, the following 
formula is derived.

P{I=0} = (1-p)N
    Therefore:
P{I>0} = 1-P{I=0} = 1-(1-p)N
= 1-[1-(.000,000,001)]1,000,000 = .001 (1 per 1,000)

or, to calculate the frequency that such an event would be expected to 
occur:

1.001 = 1,000

    Therefore, we could expect importation of 1 or more infected units 
of the commodity every 1,000 years, provided the same commodity from 1 
million animal units were imported each year into perpetuity.
    APHIS requests comments on whether, or to what extent, the binomial 
model proposed above is appropriate for estimating in the context of 
animal populations. Comments should suggest and describe alternative 
statistical models.

Listing of Risk Classifications for Individual Regions

    Section 92.4 of this proposed rule contains listings of risk 
classifications for individual regions. This information is presented 
in two formats. Proposed Sec. 92.4(a) is formatted so that each region 
listed is followed immediately by the risk classification assigned to 
that region for each restricted agent. For instance, a listing for all 
the regions in Africa is followed by the information that those regions 
are classified as Risk Class RN for Japanese encephalitis virus.
    Proposed Sec. 92.4(b) is formatted in such a way that all regions 
that fall under a particular risk classification for a particular 
disease are listed together. For instance, the listing for RN regions 
for Japanese encephalitis virus would include all regions in Africa and 
all other regions that are classified RN for Japanese encephalitis 
virus.
    In the following paragraphs, we list the proposed classifications 
of the regions of the world, and set forth the rationale for such 
classifications. Because this initial proposed listing is based on 
disease statuses as set forth in the current regulations or, in cases 
where the disease is not specifically listed in the current 
regulations, on the published epidemiologic information about the 
disease distribution, it consists of national entities (countries). 
However, under this proposed rule, requests may be submitted to APHIS 
for recognition and classification of regions smaller or larger than 
individual countries. In all cases where neither regulatory precedent 
nor adequate published epidemiologic data existed to classify a country 
as either Risk Class RN, R1, R2, R3 or R4, we have proposed to classify 
the country as Risk Class RU for unknown risk or unclassified risk. 
Where a disease agent has not been reported from a country, and there 
is no evidence that the disease agent now exists or has ever existed in 
the country, we have proposed to classify the country as Risk Class RN. 
(Because this rationale for Risk Class RN classification is the same 
for most but not all countries, we have used a footnote to refer to 
this rationale where applicable.) The proposed classifications are 
based on the epidemiological, geographical, and infrastructure data 
currently available to us. We welcome information from the public, 
supported by specific scientific evidence or other data, concurring 
with or recommending changes to the classifications.
    In many cases, the risk classification for a particular disease is 
the same for all the countries in a geographically or politically 
linked group of countries. Therefore, to avoid unnecessary repetition 
of individual countries, for the purposes of these regulations we have 
combined countries of the world into groupings. The following groupings 
are set forth in Sec. 92.1, ``Definitions,'' of the proposed 
regulations.
    Africa: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, 
Cameroon, Central African Republic, Chad, Comoros, Congo, Djibouti, 
Egypt, Equatorial Guinea, Gabon, Ghana, Guinea, Guinea-Bissau, Ivory 
Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, 
Mauritania, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao 
Tome and Princip, Senegal, Sierra Leone, Somalia, South Africa, Sudan, 
Swaziland, Tanzania, The Gambia, Togo, Tunisia, Uganda, Western Sahara, 
Zaire, Zambia, Zimbabwe.
    Asia: Afghanistan, Armenia, Azerbaijan, Bangladesh, Bhutan, Burma, 
Cambodia, China, Georgia, Hong Kong, India, Iran, Japan, Kazakhstan, 
Kygyzstan, Laos, Macau, Malaysia, Mongolia, Nepal, North Korea, 
Pakistan, Russia, Singapore, South Korea, Sri Lanka, Taiwan, 
Tajikistak, Thailand, Turkistan, Uzbekistan, Vietnam.
    Atlantic: Bermuda, Cape Verde, Falkland Islands, South Georgia.
    Australia: Australia.
    Caribbean: Anguilla, Aruba, Barbados, British Virgin Islands, 
Cayman Islands, Cuba, Dominica, Dominican Republic, Grenada, 
Guadeloupe, Haiti, Jamaica, Martinique, Montserrat, Netherlands 
Antilles, Puerto Rico, Saint Lucia, Saint Vincent, The Bahamas, 
Trinidad and Tobago, Turks and Caicos, U.S. Virgin Islands.
    Europe: Albania, Andorra, Austria, Belgium, Bosnia-Herzogovania, 
Bulgaria, Bylorus, Croatia, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Gibraltar, Greece, Greenland, Hungary, Iceland, 
Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, 
Macedonia, Moldavia, Monaco, Netherlands, Norway, Poland, Portugal, 
Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, 
Ukraine, United Kingdom (England, Scotland, Wales, Northern Ireland, 
Channel Islands, Isle of Man), Vatican City, Yugoslavia.
    Middle America: Belize, Costa Rica, El Salvador, Guatemala, 
Honduras, Nicaragua, Panama.
    Middle East: Bahrain, Cyprus, Iraq, Israel, Jordan, Kuwait, 
Lebanon, Malta, North Yemen, Oman, Palestine, Qatar, Saudi Arabia, 
South Yemen, Syria, Turkey, United Arab Emirates.
    New Zealand: New Zealand.
    North America: Canada, Mexico, United States.
    Oceania: Brunei, Fiji, French Polynesia, Indonesia, Kiribati, 
Maldives, Mauritius, Nauru, New Caledonia, Papua New Guinea, 
Philippines, Seychelles, Solomon Islands, Tonga, Vanuatu, Western 
Samoa.
    South America: Argentina, Bolivia, Brazil, Chile, Colombia, 
Ecuador, French Guiana, Guyana, Paraguay, Peru, Suriname, Uruguay, 
Venezuela.
    Note: We use the term ``Middle America'' for the area sometimes 
referred to as ``Central America,'' in order to make clear that Panama 
is a part of the grouping in question. Historically, in some usages, 
Panama was not considered to be part of Central America.
Risk Classification by Region
    African swine fever virus.
    Risk Class RN. All regions of Asia, Atlantic, Australia, Middle 
America, Middle East, New Zealand, North America, and Oceania.1
---------------------------------------------------------------------------

    \1\ The restricted agent in question has not been reported from 
these countries, nor is there any evidence that it now or has ever 
existed in these countries.
---------------------------------------------------------------------------

    Risk Class R1. All regions of Europe except Italy, Spain and 
Portugal; all regions of the Caribbean except Cuba and Haiti; and all 
regions of South America except Brazil.
    African swine fever has been reported in parts of Italy, Spain and 
Portugal. The rest of Europe is tentatively classified as R1 because 
the regions there are adjacent to affected regions or conduct extensive 
trade with these regions. African swine fever has been reported in 
Cuba, Haiti, and Brazil, and the current

[[Page 16987]]

status of the disease in these countries is uncertain.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Aino virus.
    Risk Class RN. All regions of Atlantic, Caribbean, Europe, Middle 
America, New Zealand, North America, and South America.\1\
    Risk Class R1. None.
    Risk Class R2.  None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Akabane virus.
    Risk Class RN. All regions of Atlantic, Caribbean, Europe, Middle 
America, New Zealand, North America, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Bluetongue virus (except serotypes 10, 11, 13 and 17).
    Risk Class RN. Canada, New Zealand, Mexico, and all regions of 
Europe except Greece.
    Bluetongue virus has not been reported in Europe, except recently 
in Greece. Bluetongue type 10 occurred in Spain and Portugal in the 
1950's but never became established. New Zealand has never had 
Bluetongue of any type. Canada and Mexico are known only to be affected 
with the same types as the United States (10, 11, 13 and 17).
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Besnoitia besnoiti (globidiosis).
    Risk Class RN. All regions of Atlantic, Australia, Caribbean, 
Middle America, New Zealand, North America, and Oceania.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Bovine ephemeral fever virus group (Kotonkan, Obodhiang).
    Risk Class RN. All regions of Atlantic, Caribbean, Europe, Middle 
America, Middle East, New Zealand, North America, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Bovine spongiform encephalopathy.
    Risk Class RN. All regions of Africa, Asia, Atlantic, Australia, 
Caribbean, Middle America, New Zealand, Oceania, and South America; all 
regions of North America except Canada.\1\
    Risk Class R1. All regions of the Middle East except Oman; All 
regions of Europe except Denmark, France, Great Britain, Northern 
Ireland, Republic of Ireland, and Switzerland.
    Bovine spongiform encephalopathy has never been reported from the 
Middle East except for Oman. No country of Europe except those listed 
as exceptions to Risk Class R1 have ever reported the disease. They are 
listed as Risk Class R1 because of adjacency to affected countries and/
or extensive trade with those countries.
    Risk Class R2. Canada.
    Canada had a single case of bovine spongiform encephalopathy in a 
bovine imported from the United Kingdom. The animal was destroyed and 
the United States has been kept well informed of the status of all 
contact animals.
    There is no evidence of further cases in Canada.
    Risk Class R3. None.
    Risk Class R4. Denmark, France, United Kingdom, Republic of 
Ireland, Oman, and Switzerland.
    These are all countries that have reported one or more cases of 
bovine spongiform encephalopathy. All of these countries have programs 
to control the disease. Some of these countries or regions within them 
may qualify as Risk Class R1, R2 or R3 regions but we do not have 
sufficient information at present to consider them for a higher class.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
     Bovine infectious petechial fever.
    Risk Class RN. All regions of Asia, Atlantic, Australia, Caribbean, 
Europe, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
     Risk Class R1. None.
     Risk Class R2. None.
     Risk Class R3. None.
     Risk Class R4. None.
     Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Brucella abortus.
    Risk Class RN. Belize, Bulgaria, Channel Island (U.K), Cyprus, 
Denmark, Finland, French Polynesia, Hungary, Israel, Norway, Papua New 
Guinea, Romania, Sweden, and Switzerland.
    All of these regions have reported eradication of Brucella abortus 
from their livestock populations over 15 years ago. (Crawford RP, Huber 
JD, Adams BS. Epidemiology and Surveillance. in Animal Brucellosis 
edited by Nielsen K, and Duncan JR. CRC Press, Boca Raton, Florida, 
33431, 131-151, 1990.)
    Risk Class R1. Australia, Canada, Czech Republic, Germany, 
Slovakia, United Kingdom except Channel Islands.
    All of these regions have reported eradication of Brucella abortus 
from their livestock population more than 5 years ago. (Crawford RP, 
Huber JD, Adams BS. Epidemiology and Surveillance. in Animal 
Brucellosis edited by Nielsen K, and Duncan JR. CRC Press, Boca Raton, 
Florida, 33431, 131-151, 1990.)
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Brucella melitensis.
    Risk Class RN. All regions of Oceania, Australia, Canada, Czech 
Republic, Denmark, Estonia, Finland, Greenland, Iceland, Ireland, 
Latvia, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, 
Poland, Slovakia, Sweden, United Kingdom, and Taiwan.
    None of these regions has ever reported Brucella melitensis (Alton 
GG. Brucella melitensis. in Animal Brucellosis edited by Nielsen K, and 
Duncan JR. CRC Press, Boca Raton, Florida, 33431, 393-409, 1990.)
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
     Brucellosis due to Brucella suis except biovar 4.
    Risk Class RN. Canada, Ireland, United Kingdom.
    None of these regions has ever reported Brucella suis (Alton GG. 
Brucella suis. in Animal Brucellosis edited by Nielsen K, and Duncan 
JR. CRC Press, Boca Raton, Florida, 33431, 411-422, 1990.)
     Risk Class R1. None.
     Risk Class R2. None.
     Risk Class R3. None.
     Risk Class R4. None.
     Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Brucellosis due to Brucella suis biovar 4.

[[Page 16988]]

    Risk Class RN. Africa, Asia except Russia, Atlantic, Australia, 
Caribbean, Europe, Mexico, Middle America, Middle East, New Zealand, 
Oceania, South America.\1\
     Risk Class R1. None.
     Risk Class R2. None.
     Risk Class R3. None.
     Risk Class R4. None.
     Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3, or R4.
    Congo virus (Crimean Hemorrhagic Disease).
     Risk Class RN. All regions of Atlantic, Caribbean, Middle America, 
New Zealand, North America, Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Contagious agalactia of sheep and goats due to Mycoplasma 
agalactiae.
    Risk Class RN. All regions of Australia, Caribbean, Middle America, 
New Zealand, North America, South America.\1\
    Risk Class R1. None
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Contagious bovine pleuropneumonia due to Mycoplasma mycoides var 
mycoides (CBPP).
    Risk Class RN. All regions of Atlantic, Caribbean, Middle America, 
New Zealand, North America, and South America.
    These regions have never reported the presence of this agent, or 
the agent has been eradicated for more than 15 years. (Brown C. 
Contagious Bovine Pleuropneumonia, in Foreign Animal Diseases, edited 
by Buisch WW, Hyde JL, Mebus CA. United States Animal Health 
Association, Richmond VA. 146-151, 1992.)
     Risk Class R1. Australia, all regions of Europe except Portugal 
and Spain. Europe has been free of CBPP for over 15 years, except for 
recent outbreaks in Portugal and Spain. Australia eradicated the 
disease in 1975, but the status of neighboring areas in Oceania is more 
uncertain. Therefore, we have proposed to classify Australia and all 
regions of Europe as Risk Class R1 until further data can be reviewed. 
(Clay AL, Lloyd LC. The Eradication of Contagious Bovine 
Pleuropneumonia from Australia. Bull. Off. Inter. Epiz., 81(7/8):533-
546, 1975.)
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Contagious caprine pleuropneumonia (Mycoplasma mycoides subsp. 
capri)
    Risk Class RN. All regions of Atlantic, Caribbean, Middle America, 
New Zealand, North America, and South America.\1\
     Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Epizootic hemorrhagic disease virus of deer (Ibaraki) (except 
serotypes 1 and 2).
     Risk Class RN. Canada, Europe, Mexico, New Zealand. Europe and New 
Zealand have never reported the presence of this agent and there is no 
evidence that it now exists or has ever existed in these regions. 
Canada and Mexico have been affected only by serotypes 1 and/or 2, 
which are endemic in the United States.
    Risk Class R1. None.
     Risk Class R2. None.
     Risk Class R3. None.
     Risk Class R4. None.
     Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
     Foot-and-mouth disease virus.
     Risk Class RN. Australia; Barbados; Bermuda; all regions of North 
and Middle America except Panama; all regions of the Caribbean except 
The Bahamas; Greenland, Iceland, Territory of St. Pierre and Miquelon, 
Trust territory of the Pacific Islands.
    These regions are listed in Sec. 94.1(a)(2) of the current 
regulations as countries free of both rinderpest and foot-and-mouth 
disease. They are not listed in current Sec. 94.11(a) as countries 
that, because of importations of meat from or proximity to rinderpest 
or FMD-affected countries, are subject to restrictions on importations 
of meat or meat products into the United States.
    Risk Class R1. Austria, The Bahamas, Belgium, Chile, Denmark, Fiji, 
Finland, France, Germany, United Kingdom, Hungary, Japan, New 
Caledonia, The Netherlands, Norway, Papua New Guinea, Panama, Poland, 
Portugal, Republic of Ireland, Republic of Korea, Sweden, Spain, 
Switzerland, and Uruguay.
    These regions are listed in Sec. 94.11(a) as countries free of 
rinderpest and FMD that supplement their meat supply with imports from 
countries affected with rinderpest or FMD, or that have a contiguous 
border with countries affected with rinderpest or FMD. Because the 
current regulations do not distinguish between countries affected with 
rinderpest and those affected with FMD, at this time we cannot separate 
those that import from countries that are infected with rinderpest but 
not with FMD. We are proposing to include Fiji, New Caledonia and 
Panama as Risk Class R1 regions because they are adjacent to regions 
that are considered to be affected with FMD.
    Risk Class R2. Argentina.
    The effect of this classification would be to allow the importation 
into the United States from Argentina of ruminants and fresh, chilled, 
and frozen meat of ruminants. However, those importations would be 
subject to certain restrictions, as set forth in Sec. 93.415 of this 
proposal. This classification would also relieve certain prohibitions 
and restrictions on the importation from Argentina of milk and milk 
products of ruminants.
    We believe classifying Argentina as a Risk Class R2 region for FMD 
is appropriate. The last outbreak of FMD in Argentina occurred in 1994. 
However, vaccinations for FMD in Argentina still continue. 
Additionally, Argentina supplements its national meat supply by 
importing fresh, chilled and frozen meat of ruminants and swine from 
countries listed in this proposed rule as Risk Class R3, R4 or RU. 
Argentina also shares land borders with Brazil and Bolivia, which are 
both designated in this proposed rule as Risk Class RU regions.
    In determining the proposed classification for Argentina, APHIS 
reviewed the documentation submitted by the government of Argentina in 
support of its request to be considered free of FMD, and a team of 
APHIS officials traveled to that country in 1994 to conduct an on-site 
evaluation of the country's animal health program. The evaluation 
consisted of a review of Argentina's veterinary services, diagnostic 
procedures, vaccination practices, and administration of laws and 
regulations intended to prevent the introduction of FMD into Argentina 
through the importation of animals, meat, or animal products. The APHIS 
officials conducting the on-site evaluation concluded that Argentina is 
a low risk region for FMD. (Details concerning the on-site evaluation 
are available from the person listed under FOR FURTHER INFORMATION 
CONTACT.'')
    Based on our proposed risk classification of Argentina, meat and 
other animal products of ruminants or

[[Page 16989]]

swine, as well as the ship's stores, airplane meals, or baggage 
containing such meat or other animal products originating in Argentina 
would be subject to the restrictions specified in Sec. 94.11 of these 
proposed regulations.
    Risk Class R3. Greece and Italy.
    Greece and Italy recently have had localized outbreaks of FMD, 
which have been controlled. Until more information is available, we are 
proposing to classify these countries as Risk Class R3 regions. 
However, it is possible this classifications could be limited to 
smaller areas of these countries when the situation is further reviewed 
under the procedures provided in Sec. 92.5 of this proposal.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Getah virus.
    Risk Class RN. All regions of Africa, Atlantic, Caribbean, Europe, 
Middle America, Middle East, New Zealand, North America, and South 
America.1
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3.  None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Heartwater due to rickettsia Cowdria ruminantium.
    Risk Class RN. All regions of Asia, Atlantic, Australia, Europe, 
Middle America, Middle East, New Zealand, North America, Oceania, and 
South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Hog cholera (classical swine fever).
    Risk Class RN. Australia, Canada, Dominican Republic, Fiji, United 
Kingdom, Iceland, New Zealand, Norway, the Republic of Ireland, Sweden, 
and Trust Territory of the Pacific Islands.
    These regions are listed in Secs. 94.9 and 94.10 of the current 
regulations as countries where hog cholera does not exist, and they 
neither are adjacent to nor trade extensively with regions where hog 
cholera is known to exist.
    Risk Class R1. Denmark, Finland, Spain, and the State of Sonora in 
Mexico.
    Denmark, Finland, and Spain are listed in Secs. 94.9 and 94.10 of 
the current regulations as countries where hog cholera does not exist. 
However, because they are adjacent to or trade extensively with regions 
where hog cholera is known to exist, we propose that these regions be 
classified as Risk Class R1.
    In June, 1994, the Department received a request from the Chief 
Animal Health Officials in the country of Mexico for recognition of the 
State of Sonora as a region free of hog cholera under the sanitary and 
phytosanitary provisions of the North American Free Trade Agreement 
(NAFTA) and the General Agreement on Tariffs and Trade (GATT).
    Under the current regulations, there is no provision for 
recognition of regions of a country as free of a disease if the entire 
country is not free of that disease. However, such recognition would be 
possible under this proposed rule. Therefore, as a result of the 
request from Mexico, a team of APHIS personnel reviewed the request in 
accordance with Sec. 92.3 of this proposed rule. A site visit by 
personnel from APHIS was conducted on October 24-28, 1994, which 
confirmed the facts of the request from the Mexican government.\2\
---------------------------------------------------------------------------

    \2\ Copies of the State of Sonora site visit report may be 
obtained from USDA, APHIS, National Center for Import and Export, 
4700 River Road Unit 39, Riverdale, MD 20837-1231. Requests may be 
made by telephone to (301) 734-7511 or by FAX to (301) 734-6402.
---------------------------------------------------------------------------

    Therefore, in this proposed rule, we are proposing that the State 
of Sonora in the country of Mexico be included as a Risk Class R1 
region for hog cholera, because we believe the region meets some of the 
criteria for a Risk Class RN region for hog cholera, and some of the 
criteria for an R1 region according to Sec. 92.3 of this proposed rule.
    We believe this classification would be warranted due to the 
following facts:
    1. Hog cholera virus has not been diagnosed in Sonora, Mexico for 
10 years (since 1985). This would meet the requirements for a Risk 
Class RN (negligible risk) region for hog cholera according to 
Sec. 92.3(a)(1) of this proposed rule.
    2. Hog cholera virus is currently not known to exist in any of the 
States of Mexico or the United States that adjoin the State of Sonora, 
Mexico. This would meet the requirements of a Risk Class RN region for 
hog cholera according to Sec. 92.3(a)(2) of this proposed rule.
    3. Vaccination for hog cholera has been prohibited since 1989. This 
would meet the requirements for a Risk Class R1 (slight risk) region 
for hog cholera according to Sec. 92.3(b)(4) of this proposed rule.
    4. Adjacent States of Mexico are separated by natural physical 
barriers or manmade fences. The State of Sonora, Mexico is bordered by 
the United States on the north; the State of Baja California Norte, 
Mexico and the Gulf of California on the west; The State of Chihuahua, 
Mexico on the east; and the State of Sinaloa, Mexico on the south. The 
border between Sonora and Chihuahua is separated by the Sierra Madre 
mountains. There are few mountain passes crossing from Chihuahua to 
Sonora along this entire border, from the United States to Sinaloa, 
with only minor road crossings at Puerto San Luis and Maycoba. The 
southern border of the State of Sonora is separated for most of the 
eastern part of the border by the same mountains that separate it from 
Chihuahua. Major highway and rail crossings near Estacion Don are on 
the coastal plain within a few miles of the Gulf of California. This 
would meet the requirements for a Risk Class R1 region for hog cholera 
according to Sec. 92.3(b)(5) of this proposed part.
    5. All border access points from adjacent States of Mexico are 
controlled to prevent movement of swine or swine products into the 
State of Sonora. The only major ports with other States of Mexico are 
to Sinaloa on Mexico Federal Highway 15 near Estacion Don, Sonora, 
Mexico, and a rail crossing near the same town. Estacion Don has 
washing and disinfection facilities for livestock trucks entering 
Sonora, cattle corrals and dipping facilities for tick control, and an 
incinerator for confiscated meats. Swine are not allowed to enter 
through this port from other areas of Mexico. The disinfection of 
trucks that have carried swine is funded by the pork producers 
associations of Sonora. Other road and/or rail crossings are near San 
Luis, Sonora, Mexico, and Riito, Sonora, Mexico, where bridges cross 
the Colorado river from Sonora to Baja California Norte, Mexico, and to 
Puerto San Luis and Maycoba where minor roads cross from the State of 
Chihuahua, Mexico. Inspection procedures for trucks moving from 
Chihuahua are similar to those for trucks moving from Sinoloa at 
Estacion Don. Airports with commercial connections to other areas of 
Mexico include numerous local airports and 3 international airports 
located at Obregon, Hermosillo, and Guaymas. The principle seaport is 
located at Guaymas on the Gulf of California. This would meet the 
requirements for a Risk Class R1 region for hog cholera according to 
Sec. 92.3(b)(6) of this proposed rule.
    6. Movement of swine and swine products into the State of Sonora 
from other States of Mexico has been reviewed by the Administrator and 
appears to meet the same level of biosecurity as required in proposed

[[Page 16990]]

Sec. 93.515(e)(1) of this chapter. This would meet the requirements for 
a Risk Class R1 region for hog cholera according to Sec. 92.3(b)(7) of 
this proposed part.
    7. The State of Sonora maintains a passive surveillance system that 
includes reporting all suspect cases in back yard herds and commercial 
herds. The state of Sonora also has active surveillance that consists 
of periodic surveys of swine on farms and at slaughter plants. In a 
serological survey, 50 percent of the commercial operations were 
sampled in 1991, and 25 percent of the commercial operations were 
sampled in 1993. No evidence of hog cholera was found in these surveys. 
These surveys did not include small backyard operations. Continuous 
monitoring of swine at slaughter plants is planned until the State of 
Sonora achieves recognition as a Risk Class RN region for hog cholera 
according to Sec. 92.3(a) of this proposed part. Passive and active 
surveillance in the State of Sonora would meet the requirements for a 
Risk Class R1 region for hog cholera according to Sec. 92.3(b)(8) of 
this proposed rule.
    8. The laws, regulations, policies, and infrastructure in the State 
of Sonora and the country of Mexico have been reviewed by the 
Administrator and are believed to be adequate to maintain surveillance 
and control and to eradicate hog cholera rapidly in the event of any 
outbreaks in the State of Sonora, and to curtail and restrict movements 
of swine or swine products from any other regions of Mexico where hog 
cholera exists. This would appear to meet the requirements for a Risk 
Class R1 region for hog cholera according to Sec. 92.3(b)(9) of this 
proposed rule.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Japanese encephalitis virus.
    Risk Class RN. All regions of Africa, Atlantic, Caribbean, Europe, 
Middle America, Middle East, New Zealand, North America, and South 
America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Jembrana (Tabanan) virus.
    Risk Class RN. All regions of Africa, Atlantic, Caribbean, Europe, 
Middle America, Middle East, New Zealand, North America, and South 
America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Lumpy skin disease (Neethling virus).
    Risk Class RN. All regions of Asia, Atlantic, Australia, Caribbean, 
Europe, Middle America, New Zealand, North America, Oceania, and South 
America.
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Malignant catarrhal fever virus (wildebeest form).
    Risk Class RN. All regions of Asia, Atlantic, Australia, Caribbean, 
Europe, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Mycobacterium bovis.
    Risk Class RN. Bermuda, The Bahamas, Falkland Islands, Luxembourg, 
Norway, Isle of Jersey (United Kingdom), Cyprus.
    These regions have reported complete absence of bovine tuberculosis 
for over 15 years. (Regional and Country Status Reports, in 
``Mycobacterium bovis Infection in Animals and Humans,'' Edited by 
Thoen, C.D. and Steele, J.H., pp. 169-345, Iowa State University Press, 
Ames Iowa, 1995).
    Risk Class R1. None.
    Risk Class R2. Canada.
    All Provinces of Canada are either accredited-free or modified-
accredited for bovine tuberculosis. Accredited-free provinces could be 
classified as Risk Class R1 regions, and modified-accredited as Risk 
Class R2 if at least 1 year has elapsed without the discovery of any 
infected herds. Canada follows a tuberculosis eradication program 
equivalent to that conducted in the United States. Other countries may 
be equivalent to Canada, but we currently cannot evaluate their status.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Near east encephalomyelitis virus.
    Risk Class RN. All regions of Atlantic, Australia, Caribbean, 
Europe, Middle America, New Zealand, North America, Oceania, and South 
America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Nairobi sheep disease (Ganjam, Dugbe) virus.
    Risk Class RN. All regions of Atlantic, Australia, Caribbean, 
Europe, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Parafilariosis due to Parafilaria bovicola.
    Risk Class RN. All regions of North America, Middle America, South 
America and Caribbean.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Peste des petits ruminants (Kata) virus.
    Risk Class RN. All regions of Atlantic, Europe, North America, 
South America, Australia, and Oceania.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Pseudomonas pseudomallei (melioidosis).
    Risk Class RN. All regions of Europe, Canada, and Atlantic.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Pseudorabies (Aujesky's) virus.
    Risk Class RN. None.
    Risk Class R1. Canada.
    Canada eradicated pseudorabies over 15 years ago. However, because 
it is adjacent to the United States, which is affected with 
pseudorabies, we are proposing to classify Canada as a Risk Class R1 
region for this disease, which would be equivalent in status to 
pseudorabies-free States in the United States.
    Risk Class R2. None.

[[Page 16991]]

    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Restricted ectoparasites.
    Risk Class RN. Canada.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Rift Valley fever virus.
    Risk Class RN. All regions of Asia, Atlantic, Australia, Caribbean, 
Europe, Middle America, New Zealand, North America, Oceania, and South 
America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Rinderpest virus.
    Risk Class RN. Australia; Bermuda; all regions of North America, 
Middle America, South America except Chile, and the Caribbean except 
The Bahamas; Greenland; Iceland; New Zealand; Territory of St. Pierre 
and Miquelon; and Trust Territory of the Pacific Islands.
    These regions are currently listed in Sec. 94.1(a)(2) as countries 
free of both rinderpest and FMD. They are not listed in current 
Sec. 94.11(a) as countries that, because of importations of meat from 
or proximity to rinderpest or FMD-affected countries, are subject to 
restrictions on importations of meat or meat products into the United 
States. We are proposing to include South America and the Caribbean as 
Risk Class RN regions for rinderpest because they have never reported 
rinderpest and there is no reason to believe these regions are now or 
have ever been infected with rinderpest.
    Risk Class R1. Austria, The Bahamas, Belgium, Channel Islands, 
Chile, Denmark, Finland, France, Germany, United Kingdom, Hungary, 
Japan, The Netherlands, Norway, Papua New Guinea, Poland, Republic of 
Ireland, Republic of Korea, Spain, Sweden, Fiji, New Caledonia.
    These regions are listed in current Sec. 94.11(a) as countries that 
are free of both rinderpest and FMD, but that supplement their meat 
supply with imports from areas affected with rinderpest or FMD, or that 
share borders with countries affected with rinderpest or FMD. Because 
the current regulations in Sec. 94.11 do not distinguish whether a 
country's meat supply is being supplemented from a rinderpest or from 
an FMD-affected country, we cannot separate those that import from 
countries infected with foot-and-mouth disease but not rinderpest. Fiji 
and New Caledonia would be classified as Risk Class R1 for rinderpest 
because they are adjacent to regions that are considered to be infected 
with rinderpest.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Scrapie disease agent.
    Risk Class RN. All regions of Australia and New Zealand.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. Canada.
    Scrapie exists at a low prevalence in Canada, which has a program 
to eradicate this disease that is equivalent to the scrapie eradication 
program in the United States.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Sheep pox and/or goat pox virus.
    Risk Class RN. All regions of Atlantic, Australia, Caribbean, 
Middle America, New Zealand, and North America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Swine vesicular disease.
    Risk Class RN. Australia, all regions of North America, Middle 
America, Dominican Republic, Fiji, Finland, Greenland, Haiti, Iceland, 
New Zealand, Norway, Rumania, Sweden, and Trust Territory of the 
Pacific Islands.
    These regions are listed in Sec. 94.12 of the current regulations 
as countries where swine vesicular disease does not exist, and are not 
listed in current Sec. 94.13 as countries that supplement their pork 
supply from countries affected with swine vesicular disease.
    Risk Class R1. Austria, The Bahamas, Bosnia-Herzogovania, Bulgaria, 
Chile, Croatia, Denmark, Finland, Hungary, Luxembourg, Macedonia, 
Republic of Ireland, Slovenia, Switzerland, United Kingdom, and 
Yugoslavia.
    These regions are listed in Sec. 94.12 as countries free of swine 
vesicular disease, but are listed in Sec. 94.13 as countries that 
supplement their national pork supply from countries that are affected 
with swine vesicular disease.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Taenia (Multiceps) multiceps (dog tapeworm) in livestock handling 
dogs.
    Risk Class RN. All regions of North America, Middle America, and 
Caribbean.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Teschen disease virus.
    Risk Class RN. All regions of Africa, Asia, Atlantic, Australia, 
Caribbean, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Theileriosis (east coast fever, corridor disease, Mediterranean 
fever).
    Risk Class RN. All regions of Atlantic, Asia, Australia, Caribbean, 
Europe, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Tick-borne encephalitis (louping ill, Central European 
encephalitis) virus.
    Risk Class RN. All regions of Africa, Atlantic, Australia, 
Caribbean, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Tick-borne fever due to Erlichia (Cytoecetes) phagocytophilia.
    Risk Class RN. All regions of Atlantic, Australia, Caribbean, 
Middle America, Middle East, New Zealand, North America, Oceania, and 
South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.

[[Page 16992]]

    African (salivarian- or tsetse-transmitted) Trypanosoma spp. (T. 
brucei, T. congolense, T. evansi, T. suis, T. simiae, T. uniforme, T. 
vivax).
    Risk Class RN. All regions of Asia, Atlantic, Australia, Caribbean, 
Europe, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Trypanosoma spp. transmitted by vectors other than tsetse flies 
(NTT- Trypanosomas).
    Risk Class RN. All regions of Asia, Atlantic, Australia, Europe, 
Middle America, Middle East, New Zealand, and North America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Vesicular stomatitis virus.
    Risk Class RN. All regions of Africa, Asia, Atlantic, Australia, 
Caribbean, Europe, Middle East, New Zealand, North America except 
Mexico, and Oceania.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.
    Wesselsbron virus.
    Risk Class RN. All regions of Asia, Atlantic, Australia, Caribbean, 
Europe, Middle America, Middle East, New Zealand, North America, 
Oceania, and South America.\1\
    Risk Class R1. None.
    Risk Class R2. None.
    Risk Class R3. None.
    Risk Class R4. None.
    Risk Class RU. All regions of the world except those specifically 
listed as Risk Class RN, R1, R2, R3 or R4.

Application for Risk Class Recognition

    Section 92.5 of this proposed rule contains procedures for applying 
for recognition of a risk class for a region, procedures that would be 
followed by APHIS in making a determination of a region's risk class, 
and provisions for the removal or change of status of a region due to a 
failure of the region to meet the criteria of its current risk class, 
or due to the discovery of a restricted agent in a Risk Class RN, R1, 
or R2 region.

Proposed Part 93

    Current 9 CFR part 93 contains provisions governing the importation 
of elephants, hippopotami, rhinoceroses, and tapirs into the United 
States. As discussed above in this ``Supplementary Information'' under 
the heading ``Parts 92 and 93,'' we are proposing to keep these 
provisions in part 93, and are also proposing to add to part 93 the 
provisions regarding the importation of birds, poultry, horses, 
ruminants, swine, dogs, and hedgehogs and possums that are currently 
set forth in part 92. These provisions would be grouped according to 
the same subpart designations as in current part 92 (e.g., provisions 
regarding the importation of birds would continue to be subpart A, 
provisions for poultry would continue to be subpart B, etc.), and the 
current part 93 provisions for elephants, hippopotami, rhinoceroses, 
and tapirs would be designated as subpart H.
    The only changes to the provisions for elephants, hippopotami, 
rhinoceroses, and tapirs would be to correct cross references and to 
amend the definitions and the introductory text to the definitions 
section to bring the language in line with that in the other subparts. 
Aside from being moved to part 93, the regulations regarding birds 
(subpart A), poultry (subpart B), horses (subpart C), dogs (subpart F), 
and hedgehogs and possums (subpart G) would be changed only to correct 
cross references. The only changes to those subparts would be to 
correct cross references.
    However, in this proposal, we are proposing significant substantive 
changes to the provisions of subpart D (ruminants) and subpart E 
(swine) in current part 92. These changes would be in accordance with 
NAFTA and GATT provisions regarding the assessment of the risk of 
importing animals and animal products from foreign regions.
    In subparts D and E of proposed part 93, we would set forth 
specific criteria for the importation of ruminants and swine from 
foreign regions, based on the risk classification of a region for a 
particular restricted agent, and on the type of animal intended for 
importation. (Unlike current part 92, no criteria for the importation 
of animal products would be included in proposed part 93. Those 
provisions that currently appear in part 92 regarding products would be 
incorporated into part 94, and would be revised as necessary to 
accommodate our proposed changes to regionalization and risk 
assessment. These revised criteria for the importation of animal 
products are discussed in this Supplementary Information in the 
discussion of changes to part 94.)
    In setting forth specific importation criteria in proposed part 93, 
we would refer to the various risk classification levels set forth in 
proposed part 92, discussed above under the heading ``Criteria for Risk 
Classification.'' The discussion that follows in this Supplementary 
Information explains what would be required to import specific types of 
animals from each region based on the region's risk classification for 
the disease in question.

Removal of Country-By-Country Exemptions

    Subparts D and E of part 92 of the current regulations restrict the 
importation of ruminants and swine from various countries, due to the 
existence of certain animal diseases in those countries. For the most 
part, the regulations are structured so that the restrictions are 
applied to a list of countries in which the diseases in question exist. 
However, because of individual circumstances particular to several 
individual countries, some of the provisions of the regulations refer 
only to those countries. These include provisions for the importation 
of ruminants and swine from Canada in current Secs. 92.417, 92.418, 
92.419, 92.420, 92.421, 92.516, 92.517, 92.518, and 92.519; from the 
Caribbean countries in Secs. 92.422, 92.423, and 92.520; and from 
Mexico in Secs. 92.424, 92.425, 92.426, 92.427, 92.428, 92.429, and 
92.521. They also include provisions for the importation of cattle from 
the Republic of Ireland in Sec. 92.432, and for sheep from New Zealand 
in Secs. 92.433.
    In this proposed rule, we do not include special provisions for 
specific countries, but rather we set forth requirements for 
importation that would apply to all countries or regions that meet the 
criteria for a particular risk classification for a specific restricted 
agent. In some cases, these criteria may, practically speaking, apply 
to only one or two countries--for instance, countries that import into 
the United States through land border ports (discussed below under the 
heading ``Exemption from Import Permit Requirements''). However, we 
believe it is appropriate not to refer to individual countries in this 
proposal, in light of the requirement in GATT that sanitary and 
phytosanitary measures must not arbitrarily or unjustifiably 
discriminate between members where identical or similar conditions 
prevail (Agreement on the Application of Sanitary and Phytosanitary 
Measures, GATT, article 2, paragraph 3). In future rulemaking, we would 
adapt the regulations to recognize regions that do not meet any

[[Page 16993]]

of the risk categories we are proposing to establish in this document. 
In such future rulemaking, we would establish classifications 
appropriate to that risk posed by those regions. Any other region that 
meets the criteria established for a new risk classification would be 
assigned that same classification.

General Prohibitions; Inspection; Importation Ports

    In the current regulations, Secs. 92.401, 92.402, and 92.403 
(ruminants), and Secs. 92.501, 92.502, and 92.503 (swine) include, 
respectively, provisions regarding general import prohibitions, the 
inspection, unloading, and cleaning of means of conveyance; and ports 
for importation. In this proposal, these sections would be redesignated 
as being in part 93, but would remain substantively unchanged.

Import Permit Requirements

    Under the current regulations, with certain exceptions, before 
ruminants and swine may be imported into the United States, the 
importer must first apply for and obtain from APHIS an import permit. 
The requirements for an application for the import permit are set forth 
in the current regulations in Secs. 92.404 and 92.504 for ruminants and 
swine, respectively. On the application, the importer must include 
information regarding the type, number, and identification of the 
animals to be imported, and information on the origin, intended 
arrival, route, and destination of the animals. These requirements are 
the same in this proposal.
    Under the current regulations, however, an import permit is not 
required, under certain conditions, for ruminants or swine from certain 
specified countries or areas of the world (e.g., Canada, Mexico, the 
West Indies, and Central America). In this proposed rule, we are not 
setting forth permit exemptions for specifically named countries or 
regions, because of the need for general applicability of requirements 
as discussed above. However, we continue to believe that certain 
importations from countries with land border ports to the United States 
can be carried out without the need for import permits, for the reasons 
discussed below.
    In Secs. 93.404 and 93.504 of this proposal, we are setting forth 
provisions that would exempt certain ruminants or swine presented at a 
land border port from the import permit requirements. To be eligible 
for this exemption, the animals would have to originate in regions that 
are not known to be affected with foot-and-mouth disease and 
rinderpest, and for swine, hog cholera, African swine fever, or swine 
vesicular disease. These provisions would apply only to animals being 
imported by land from either Canada or Mexico. We believe these 
exemptions are warranted, because, if the animals are found upon 
inspection at the port of entry to be affected with any communicable 
disease, the animals are not accepted into the United States, whereas 
animals transported to the United States by air or ship are difficult 
and costly to return to their origin, and holding them at the 
quarantine facility may create a space problem.
    Import permits are used primarily as reservations for space in the 
quarantine stations. The need for permits for importation at facilities 
other than land border ports is to assure that the port facilities have 
sufficient space to handle animals as they are imported. At land border 
ports there may be a limited amount of space, but the animals can be 
unloaded on the Canadian or Mexican side of the border until space 
becomes available. It is not possible to hold animals for any length of 
time on planes or ships at other ports.
    In the current regulations, Sec. 92.404(a)(2) includes the 
statement that ``An application for permit to import will be denied for 
domestic ruminants from any country where it has been declared, under 
section 306 of the Act of June 17, 1930, that foot-and-mouth disease 
(FMD) or rinderpest has been determined to exist, except as provided in 
Sec. 92.430.'' Section 92.504(a)(2) includes a like statement for 
swine. In Secs. 93.404 and 93.504 of this proposal, we are not 
including this statement. While it is true that ruminants and swine may 
not be imported, without stringent restrictions, from countries at high 
risk for such animals being affected with FMD or rinderpest, we believe 
it is misleading to imply that such importations are prohibited except 
in rare cases. Under Secs. 93.415 and 93.515 of this proposed rule, 
ruminants and swine imported from regions classified as R3, R4, or RU 
for FMD and rinderpest would be required to be quarantined at the Harry 
S Truman Animal Import Center (HSTAIC), just as is required under the 
current regulations for ruminants and swine from countries where FMD or 
rinderpest exists.

Certificate Requirements

    In the current regulations, Secs. 92.405 (ruminants) and 92.505 
(swine) require that, with certain exceptions based on whether the 
animals come from specifically named countries of origin, ruminants and 
swine imported into the United States be accompanied by a certificate 
issued in the country of origin. This document must certify that the 
ruminants and swine have been in the country of origin for at least 60 
days immediately preceding the date of intended exportation from that 
country, and must also certify that the country or district of origin 
has been free of certain specified diseases during that 60-day period. 
In addition, the certificate for sheep and goats must contain certain 
statements related to scrapie.
    In this proposed rule, in Secs. 93.405 (ruminants) and 93.505 
(swine), we would require that all ruminants and swine imported, except 
for ruminants and swine imported for immediate slaughter from regions 
classified as RN for all restricted disease agents of ruminants and 
swine, respectively, must be accompanied by a certificate of export. 
This certificate of export, which would have to be issued and signed by 
an authorized veterinarian and endorsed by an official of the National 
Veterinary Services of the country of export, would need to certify 
that the ruminants or swine originate from premises that are not known 
to have been affected with any communicable disease or restricted 
ectoparasites of the type of animal in question for the previous 60 
days. The certificate would also need to state that during 
transportation to the port of embarkation, there was no direct or 
indirect exposure to potential carrier animals from any region affected 
with restricted disease agents; that while en route to the port of 
entry, the animals were not trailed or driven through any Risk Class 
R3, R4, or RU region for (i.e., region affected by) any tick-borne 
restricted diseases; and that while en route to the port of entry, the 
animals were not trailed, driven, transported, or otherwise moved 
through any Risk Class R3, R4, or RU region for any restricted insect-
transmitted diseases during a time of year when insect vectors are 
active. Finally, the certificate would need to certify that the animals 
either were inspected on the day of embarkation and were found to be 
free of restricted ectoparasites, or were treated for ectoparasites 
within 10 to 14 days of embarkation.
    As noted above, only ruminants or swine that are from Risk Class RN 
(negligible risk) regions for all restricted disease agents of 
ruminants or swine, respectively, and that are imported for immediate 
slaughter would be exempted from the requirements for a certificate of 
export. Most ruminants or swine would still be required to have a 
certificate of export even though they may not be required to have an 
import permit under proposed Secs. 92.404 and 92.504.

[[Page 16994]]

    The value of the required certification would be dependent on the 
integrity and quality of inspections in the exporting country. The 
animal health infrastructure of a country is a factor in assigning a 
risk classification to a region. For regions with higher risk, 
quarantine or testing requirements validate the export certification.

Current Secs. 92.407/92.506

    In the current regulations, Secs. 92.407 (ruminants) and 92.506 
(swine) set forth provisions regarding the presentation of 
certificates, declarations, and affidavits required by the regulations. 
These provisions are set forth in Secs. 93.406 and 93.506 of this 
proposal, and except for the addition of clarification as to which 
documents are being referred to, would remain unchanged.

Current Secs. 92.408/92.507

    The current regulations in Secs. 92.408 (ruminants) and 92.507 
(swine) contain requirements for the inspection, at the port of entry, 
of imported ruminants and swine. These requirements are set forth in 
Secs. 93.407 and 93.507 of this proposed rule, and would be amended in 
one respect. The inspection requirements in current Secs. 92.408 and 
92.507 refer to certain exceptions for animals from specific 
countries--i.e., Canada, Mexico, and the British Virgin Islands when 
importing into the United States Virgin Islands. In accordance with 
GATT, these exceptions for specific countries would be removed.

Current Secs. 92.409/92.508 and 92.410/92.509

    The current regulations in Secs. 92.409 (ruminants)/92.508 (swine) 
and Secs. 92.410/92.509 set forth requirements regarding articles 
accompanying imported animals and regarding movement from conveyances 
to quarantine stations. These provisions are set forth in Secs. 93.408 
and 93.509 (ruminants) and Secs. 93.508 and 93.509 of this proposal, 
and would remain unchanged.

Current Secs. 92.411/92.510

    The current regulations in Secs. 92.411 (ruminants) and 92.410 
(swine) include quarantine requirements for ruminants and swine, 
respectively, imported into the United States. The length of required 
quarantine for swine as set forth in current Sec. 92.410 is the same 
(15 days) no matter what the origin of the swine. However, the length 
of required quarantine for ruminants varies according to which country 
the ruminants originated in.
    Under this proposed rule, these provisions would be removed. 
Because Secs. 93.415 and 93.515 of this proposed rule include 
quarantine requirements specific to the risk class of the region of 
origin and the disease in question, it would no longer be adequate or 
appropriate to have a uniform length of quarantine, as currently is the 
case with swine, or, alternatively, to refer to specific countries, as 
currently is the case with ruminants. The quarantine requirements for 
animals from any particular country or region would be governed by the 
risk class of the region of origin.

Current Secs. 92.412/92.511 and 92.413/92.512

    Under the current regulations, Secs. 92.412 and 92.413 (ruminants) 
and Secs. 92.511 and 92.512 (swine) include requirements regarding 
importation quarantine facilities. These provisions are set forth in 
Secs. 93.411 and 93.412 (ruminants) and Secs. 93.511 and 93.512 (swine) 
of this proposed rule and would remain unchanged.

Current Secs. 92.414/92.513 and 92.415/92.514

    Under the current regulations, Secs. 92.414 and 92.415 (ruminants) 
and Secs. 92.513 and 92.514 (swine) set forth, respectively, provisions 
regarding milk and manure from quarantined animals. These provisions 
are set forth in Secs. 93.413 and 92.414 (ruminants) and Secs. 92.513 
and 92.514 (swine) of this proposed rule and would remain unchanged.

Appearance of Disease Among Ruminants in Quarantine

    In the current regulations, Secs. 92.416 (ruminants) and 92.515 
(swine) provide that if any contagious disease appears among the 
animals in quarantine, special precautions must be taken to prevent the 
spread of the infection to other animals in the quarantine station or 
those outside the grounds. Under this provision, the Administrator may 
take action to deal with outbreaks of clinical disease while the 
animals are in quarantine. These provisions are in proposed 
Secs. 93.414 (ruminants) and 93.514 (swine).
    Additionally, the proposed rule would provide that, if there are 
test-positive animals during quarantine (in the absence of clinical 
signs of disease), the Administrator may require additional testing of 
both the test-positive and the test-negative animal(s). We believe that 
this provision is necessary because many diseases are not immediately 
manifested in a clinical form and depend upon serological or other 
tests for diagnosis in live animals.

Requirements for Importation Based on Disease Risk

    As discussed above in this ``Supplementary Information'' under the 
heading ``Parts 92 and 93,'' the current regulations in part 92 include 
restrictions on the importation of certain ruminants and swine due to 
their risk of transmitting diseases to animals in the United States. 
Current part 92, in general, bases restrictions on importation on 
whether a disease in question is considered to exist or not exist in a 
particular country.
    In this proposed rule, we are proposing to move from a country-by-
country approach to one based on individual regions, and are also 
proposing to substitute a gradation of risk levels for an ``exist/does 
not exist'' consideration of disease risk.
    Restrictions on the importation of ruminants and swine from 
regions, based on risk level, are set forth in this proposed rule in 
Secs. 93.415 (ruminants) and 93.515 (swine). The requirements for a 
particular importation would depend on three factors: (1) The type of 
animal to be imported; (2) the disease in question; and (3) the risk 
classification level of the region from which the animals are to be 
imported. As the risk increases that unrestricted importations from a 
region will result in disease transmission, the need for greater import 
restrictions also increases. To mitigate disease risk, several broad 
risk management options, applied individually or in combination, are 
available. These options can be applied to either animals or their 
products. The risk management options available are:
    1. Certification of origin of animals and animal products.
    2. Tests and inspection of imported animals or products.
    3. Tests and inspection of herds or premises of origin.
    4. Treatment of animals or products.
    5. Quarantine of imported animals.
    6. Restricted use or movement of imported animals or products to 
reduce costs of failure.
    In this proposed rule each of these management options is used for 
various disease agents. Not all of the options are appropriate for 
every disease agent, so different strategies will be necessary for 
different agents. Some of the variabilities of the disease agents 
include:
    1. Incubation period.
    2. Duration of carrier status in animals.
    3. Number of potential host species that may be affected.
    4. Survivability of agent outside the host animal.

[[Page 16995]]

    5. Effectiveness of available test procedures to detect the disease 
agent.
    6. Effectiveness of available treatment procedures to eliminate the 
disease agent.
    7. Availability of technology to eradicate agent if it were 
introduced.
    8. If agent were introduced, potential cost to eradicate, or 
potential costs into perpetuity if agent cannot be eradicated.

Rationale for Import Requirements for Ruminants and Swine from 
Differing Risk Class Levels

    Although the import requirements in this proposal differ for 
different animals and diseases, a broad model of requirements based on 
risk class levels can be drawn, and we believe that certain 
generalizations can be made about the type of mitigation measures 
necessary for each risk class level. In general, the measures 
established for each level of risk are built upon the protections 
proposed for levels of lesser risk. For example, the requirements for 
importation from a region classified as R4 for foot-and-mouth disease 
would incorporate and add to the requirements for an R3 region. The 
requirements for an R3 region would incorporate and add to the 
requirements for an R2 region, and so on. The rationale for the broad 
requirements for each Risk Class level are as follows (specific 
requirements for specific diseases are discussed later in this 
Supplementary Information under the heading ``Risk Level 
Classifications other than Risk Level RN''):
    Risk Class R1 Regions: From a Risk Class R1 region, there should be 
no concern about possible residual infection in the region. The 
principal concern is the possible deliberate introduction of animals 
into this region from regions with higher risk classifications in order 
to qualify them as animals from a Risk Class R1 region. Requiring a 
negative serological test for any animals imported from R1 regions 
would ensure that animals offered for importation are not vaccinated, 
and that animals from regions of higher risk are not being presented as 
being from the Risk Class R1 region. Requiring such tests would also 
provide some additional active surveillance for the exporting region.
    Risk Class R2 Regions: There could possibly be residual infection 
in Risk Class R2 regions. Requiring a pre-embarkation quarantine for 
animals from such regions for importation into the United States would 
ensure that any imported animals are not incubating the disease when 
they are presented for export. As for Risk Class R1 regions, a negative 
serological test during the quarantine period for any animals from such 
regions would ensure that the animals intended for export are not 
vaccinated, and would ensure that animals from other higher risk 
regions are not presented as being from the Risk Class R2 regions. 
Again, such testing would provide some additional active surveillance 
for the exporting region.
    Requiring a serological test at the U.S. post-importation 
quarantine facility would ensure that animals have not been exposed to 
a restricted disease agent during pre-embarkation quarantine, and that 
any incubating animals during the pre-embarkation quarantine period 
have had ample opportunity to develop antibodies to the disease.
    Risk Class R3 Regions: Risk Class R3 regions would be low 
prevalence regions with a good history of disease surveillance and 
control. Herds would be identified that are free of the contagious 
disease of concern. Although the risk of importing a restricted disease 
agent from an established herd is small, the risk of disease exposure 
to such a herd while in transit or while being assembled is much 
higher. Due to the incubation period for many of the diseases of 
concern, the proposed requirements for Risk Class R3 regions would 
generally require a 30- to 60-day pre-embarkation quarantine period for 
animals assembled. We believe this would be necessary to detect any 
incubating animals, depending upon the disease. Although vaccination is 
often an important method of control of some contagious diseases, we 
would be concerned that vaccinated animals may mask a low prevalence of 
disease in the herd. Therefore, we would expect that animals being 
prepared for export would not be vaccinated and would serve as 
sentinels for possible residual infection in the source herd. 
Unvaccinated animals would therefore be more likely to develop disease 
during the pre-embarkation quarantine, but this would also serve to 
monitor the presence of any agent that may be introduced into the 
quarantine center. If there are any incubating animals in the group of 
animals intended for export, the exposed susceptible animals should 
develop clinical illness either during the pre-embarkation or, when 
required, during the post-importation quarantine. For this reason we do 
not believe that additional sentinel animals are necessary for the 
importation of animals from this Risk Class level where sentinel 
animals are generally specified.
    Risk Class R4 and RU Regions: Risk Class R4 or RU regions would be 
higher prevalence regions, or regions that may have less than adequate 
control and surveillance programs. The health status of animals in 
source herds would be considered to be more uncertain, and more 
difficult for the veterinarians in the region of origin to certify. The 
likelihood of incubating animals, innately resistant animals, or 
animals that have been vaccinated and not identified as such would be 
greater than for Risk Class R3 regions. The pre-embarkation quarantine 
and testing would be generally the same as for R3 regions, but the 
post-importation quarantine may require using U.S.-source sentinel 
animals that would be highly susceptible to any foot-and-mouth disease, 
hog cholera, African swine fever, or swine vesicular disease virus that 
may be shed by infected animals in the shipment. A 30- to 60-day pre-
embarkation and post-importation quarantine period would be necessary 
to detect these agents.

Solicitation of Information

    The following proposed import requirements have been formulated 
based on current import requirements and the most recent 
epidemiological data available to us. We welcome information from the 
public, supported by scientific evidence or other data, regarding the 
proposed requirements.

Requirements for Importation From Risk Class RN Regions

     Although, for the most part, the importation restrictions in 
proposed Secs. 93.415 and 93.515 vary according to the restricted agent 
in question, the requirement for one risk class level, that of RN for 
negligible risk, would be the same for all diseases. This requirement, 
set forth in Secs. 93.415(a) (ruminants) and 93.515(a) (swine), would 
be a certification that the animal in question have only been on 
premises in RN regions. A region that is classified as RN for all 
restricted disease agents would be able to import animals into the 
United States without any quarantine or testing requirements. Such 
animals would still need to be inspected at the U.S. port of entry for 
the general freedom from communicable diseases and, if found to be 
affected with a disease agent, would be quarantined either until they 
recovered from the disease, were destroyed, reexported or were returned 
to the region of origin. Animals imported through land border ports 
could be returned directly to the region of origin. At this time, based 
on the information available to us, there are no countries in the world 
that would qualify as Risk Class RN for all restricted disease agents 
of ruminants or swine, although individual regions in some countries 
may be able to meet such requirements.

[[Page 16996]]

    At this time, there are many countries that may be classified as 
Risk Class RN for certain restricted disease agents. Therefore, 
specific testing and quarantine would not be required for those disease 
agents, even though testing or quarantine would be required for other 
agents. For example, Canada and Mexico would both be considered as Risk 
Class RN for foot-and-mouth disease virus and rinderpest virus in 
ruminants and swine. Canada would also be considered as Risk Class RN 
for hog cholera in swine, but because hog cholera does exist in parts 
of Mexico, those Mexican regions would be required to meet specific 
test and quarantine requirements to import swine into the United 
States. However, we would not have any greater requirements for Mexico 
for foot-and-mouth disease or rinderpest virus than we would have for 
Canada.
    The criteria for a Risk Class RN region include the requirement 
that all susceptible animals present in the region were not living when 
the region was last infected. Arriving at an estimate for the specific 
time interval this requires will vary with the species involved. In the 
case of cattle, although the lifespan of a few cattle can exceed 20 
years, for practical purposes most cattle in a domestic herd would be 
culled before 15 years. In swine, occasionally a sow or boar may live 
15 years, but in practice, nearly all sows and boars in domestic farm 
operations are culled before 5 years of age, although there may be some 
marginal farm operations that keep a boar for up to 10 years. In 
determining the birthdates of ruminants and swine in a region for the 
purpose of classifying the region RN, we would use 15 years as the 
estimated life expectancy for cattle and 10 years for swine. These time 
spans reflect the pragmatic management of domestic livestock. Although 
other susceptible ruminants such as elk, camels, llamas, or bison may 
theoretically be kept longer than the 15 years we are considering as 
the maximum life span, we do not believe that in these species survival 
after 15 years would occur at a high frequency.

Risk Level Classifications Other Than Risk Class RN

    Except for Risk Class RN, the requirements for the importation of 
animals from regions of each risk class level would be dependent on the 
disease in question, as well as the animal. As discussed above in this 
Supplementary Information under the heading ``Proposed Part 92,'' there 
are certain restricted diseases that are not specifically mentioned in 
the current regulations, because, practically speaking, animals that 
may have been affected with these diseases were prohibited or 
restricted importation due to the existence of other diseases in the 
country of origin. With the proposed establishment of risk class levels 
for regions, however, a region may be of low risk for a disease that is 
addressed in the current regulations, but of high risk for a disease 
not specifically addressed in the current regulation. Therefore, we 
believe it is necessary to establish distinct restrictions regarding 
all disease agents of concern, even those not addressed in the current 
regulations.
    One broad category of diseases not addressed consistently in the 
current importation regulations is that of disease agents that are 
present in the United States, but that are subject to control or 
eradication programs. The requirements that do exist are specific to 
particular importing countries. For example, current Sec. 92.418 
includes testing requirements for tuberculosis and brucellosis for 
cattle from Canada. Current Sec. 92.419 includes requirements for 
scrapie certification for sheep and goats from Canada. Current 
Sec. 92.427 includes requirements for fever ticks, tuberculosis, and 
brucellosis for cattle from Mexico. Each of these requirements is 
particular to the country specified. In this proposal, we are setting 
forth requirements regarding the importation of ruminants and swine 
from countries affected with restricted disease agents subject to 
control or eradication programs in the United States, and we apply 
these requirements according to the Risk Class levels of foreign 
regions, rather than to specifically named countries.

Restricted Diseases That are Present in the United States But Are 
Subject to Control or Eradication Programs.

Mycobacterium Bovis

    Proposed Secs. 93.415(b) and 93.515(g) include requirements for the 
importation of ruminants and swine, respectively, from Risk Classes R1 
through RU with regard to Mycobacterium bovis (M. bovis), the causative 
agent of bovine tuberculosis. M. bovis can affect a wide variety of 
animals, including most species of ruminants, swine and rodents. The 
United States has been working since 1917 to eradicate this disease 
agent. At present, there are a few cases of bovine tuberculosis in some 
States of the United States.
    Bovine tuberculosis has a long incubation period, often measured in 
months or years. Affected animals may not show any external clinical 
evidence of the disease until the final terminal stages, but most will 
remain carriers for life. There is no cost effective treatment for 
bovine tuberculosis, even though treatments with various antibacterial 
chemicals are routinely done for humans affected with tuberculosis. The 
use of similar treatments in animals is not desirable because of the 
risk of developing resistant strains of the organism, and the 
prohibitive cost.
    The only effective method of detecting infected carrier animals is 
by use of various tests. Intradermal tests have generally been applied. 
These tests require injection of tuberculin into the skin of the 
animal, and then observation of the reaction at a later time, usually 
72 hours. Animals generally cannot be retested again for at least 60 
days, because the test usually results in desensitization of the skin 
at the test site. The skin test is relatively insensitive and may miss 
many infected animals. It is generally more sensitive in detecting 
infected herds when applied to the entire herd of origin. Quarantine 
beyond the period of time necessary to conduct an intradermal test is 
not effective for bovine tuberculosis, except to prevent the 
quarantined animals from contacting infected animals.
    The domestic regulations for bovine tuberculosis are set forth in 9 
CFR part 77. Essentially, the program in the United States is based on 
domestic ``regionalization,'' through the classification of States 
based on their risk status. Each of the States in the United States 
qualifies as either Accredited free or Modified accredited, as defined 
in Sec. 77.1. In order for a State to become accredited free, 5 years 
must pass without any known infection in the State.
    If each State classified under the domestic bovine tuberculosis 
program were a foreign region, the State classifications would fall 
into regional risk classifications as follows:

------------------------------------------------------------------------
                                                         Comparable risk
    Domestic classification           Conditions              class     
------------------------------------------------------------------------
``Modified Accredited''.......  Infected herds in       R4              
                                 State; more than 0.1%                  
                                 of herds infected. No                  
                                 States in the United                   
                                 States currently in                    
                                 this category.                         

[[Page 16997]]

                                                                        
``Modified Accredited''.......  Infected herds in       R3              
                                 State; fewer than                      
                                 0.1% of herds                          
                                 infected.                              
``Modified Accredited''.......  No known infected       R2              
                                 herds in State for at                  
                                 least 1 year.                          
``Accredited Free''...........  No known infected       R1              
                                 herds in State for at                  
                                 least 5 years.                         
``Accredited Free''...........  No known infected       RN              
                                 herds in State for at                  
                                 least 15 years                         
                                 ``Accredited Free''                    
                                 at least 10 years.                     
------------------------------------------------------------------------


     Currently, there are no States in the United States that are not 
at least ``Modified Accredited.'' If there were such areas, they would 
be equivalent to proposed Risk Class R4 if testing were being done to 
achieve a ``Modified Accredited'' status or as proposed Risk Class RU 
if such testing were not being done.
    As indicated above, the risk classes we are proposing for foreign 
regions with regard to M. bovis are comparable to the domestic 
classifications of accredited free and modified accredited. The 
proposed requirements for importations from Risk Class R1 regions would 
be similar to interstate movement requirements in the United States 
from ``Accredited Free'' States. A certification of origin would be 
required for importation from both Risk Class RN and R1 regions to 
prevent presentation of ruminants or swine from higher risk regions as 
originating from Risk Class RN or R1 regions. Because of the prolonged 
incubation period for bovine tuberculosis, this requirement would be 
applicable during the lifetime of any ruminant or swine intended for 
importation from these regions. If animals that originated in a Risk 
Class R2, R3, R4 or RU region were presented for export from Risk Class 
RN or R1 regions, they would be required to meet the requirements for 
importation from the region of greater risk.
    The proposed requirements for importation of ruminants or swine 
from regions classified as R2 and R3 for bovine tuberculosis would be 
similar to the requirements for interstate movement requirements in the 
United States from modified accredited States. Although the Federal 
regulations do not require a test for breeding cattle or swine moving 
interstate from modified accredited States, most States do have such a 
requirement for cattle and other ruminants entering their State from 
modified accredited States.
     In the case of ruminants or swine intended for importation from 
regions classified as Risk Class R2 for M. bovis, only non-neutered 
ruminants or swine would be required to be tested, 60 to 90 days prior 
to export, with a retest at the port of entry. We believe these tests 
would be necessary, because these are the animals most likely to move 
into established breeding herds in the United States. Because neutered 
animals usually remain separate from other animals, and are slaughtered 
soon after reaching the United States, combined with the low risk of 
the source region and the low risk of transmission once in the United 
States, we believe neutered animals do not need to be tested.
    For importation from a region classified as Risk Class R3 for M. 
bovis, the ruminants and swine must either originate from a herd that 
meets the criteria for ``accredited-free'' as defined in Sec. 77.1, or 
the herd of origin must have had a negative test for bovine 
tuberculosis 4 to 12 months prior to export to the United States. We 
believe the minimum 4-month requirement is necessary to allow at least 
60 days before the individual exported animals must be retested, 
because the intradermal tests for M. bovis must be at least 60 days 
apart.
     For importation from a Risk Class R3 region, the certificate of 
export for swine must certify that the swine have never been on any 
premises while animals affected with M. bovis have been present on 
those premises. Both neutered and non-neutered ruminants and swine 
would need to be tested 60 to 90 days before export, and non-neutered 
animals would be required to be tested again at the port of entry. 
Because of the increased risk that neutered animals from Risk Class R3 
regions might be infected, such animals would need to be identified 
with a permanent mark on the left hip, consisting of the letter ``M'' 
for males and ``Mx'' for neutered females. Traditionally most animals 
imported into the United States that would fit into this class have 
been from Mexico, so, currently, such an ``M'' has been interpreted to 
mean ``Mexican origin,'' but we propose the ``M'' be used to indicate 
high risk for ``Mycobacterium'' from any origin.
    The proposed requirements for the importation of ruminants and 
swine from regions classified as R4 and RU regions for M. bovis would 
be similar to those for R3 regions. However, because the equivalent of 
accredited herds are not recognized in R4 or RU regions, all ruminants 
or swine would be required to originate from a herd that has had a 
negative test for bovine tuberculosis 4 to 12 months prior to export. 
The animals to be exported would be required to be quarantined for at 
least 60 days prior to export to prevent exposure to infection to other 
untested animals before export.

Brucella Abortus, B. Suis, and B. Melitensis

    In Sec. 93.415(c) of this proposal, we set forth the requirements 
for the importation of ruminants imported from Risk Class R1 through 
Risk Class RU for Brucella abortus, B. suis biovar 4, and B. 
melitensis. The United States currently has an eradication program for 
B. abortus, which exists at a low prevalence in a few States. Brucella 
suis biovar 4 does not occur in the United States except in caribou in 
the State of Alaska. Brucella melitensis has been eradicated from the 
United States.
    The bovine brucellosis eradication program in the United States in 
effect regionalizes the United States according to the prevalence of 
brucellosis infected herds in the individual States. The regulations 
regarding brucellosis in the United States are set forth in 9 CFR part 
78. In Sec. 78.1, definitions for the disease risk status of individual 
States are set forth for Class Free, Class A, Class B, or Class C for 
bovine brucellosis.
    It is possible to gauge where each of these classes would fall if 
the States to which they apply were foreign regions classified by Risk 
Class level. The following comparison could be made:

------------------------------------------------------------------------
                                                         Comparable risk
    Domestic classification           Conditions              class     
------------------------------------------------------------------------
Class Free....................  Class Free for more     RN              
                                 than 15 years and                      
                                 vaccination not                        
                                 permitted except for                   
                                 export                                 
Class Free....................  Class Free for more     R1              
                                 than 4 years and                       
                                 vaccination not                        
                                 permitted except for                   
                                 export                                 
Class Free....................  No known infected       R2              
                                 herds for more than 1                  
                                 year and/or                            
                                 vaccination permitted                  

[[Page 16998]]

                                                                        
Class A.......................  Less than 0.1% herd     R3              
                                 incidence rate.                        
Class A.......................  More than 0.1% herd     R4              
                                 incidence rate.                        
Class B                                                                 
Class C                                                                 
Quarantined area..............  Does not meet minimum   RU              
                                 standards of                           
                                 eradication program.                   
------------------------------------------------------------------------


    Currently, all States in the United States are either Class Free or 
Class A. If the individual States were in a foreign country, all of the 
Class A States would be classified as Risk Class R3, because the herd 
infection rate is less than 0.1% (1 per 1000). Class A status allows 
for herd infection rates up to 0.25% (2.5 per 1000) so in theory it 
would be possible for a Class A State to be Risk Class R4. All of the 
Class Free States in the United States would be Risk Class R2 because 
they all permit, and some even encourage, calfhood vaccination. Some of 
these States could easily qualify as Risk Class RN or R1 if they were 
to prohibit calfhood vaccination except for animals that were to be 
exported to other States.
    Because the only clinical evidence of brucellosis in animals is 
abortion, inspection of animals is not a reliable indicator of 
infection. Brucella affects only breeding animals, so there is no need 
to test neutered animals for brucellosis. The approved testing 
procedures for brucellosis are very sensitive, and most infected 
animals that have had a sufficient incubation period will be positive 
to the test. The incubation period for brucella infections can be quite 
variable, depending primarily on the stage of pregnancy in the infected 
animal. For this reason, under the restrictions for importation from 
Risk Class R3, R4, and RU regions, we would not allow animals to be 
imported from infected herds, even if the individual animals test 
negative.
    There is no cost-effective treatment for brucella infections in 
animals. Since most animals will show some serological signs of 
brucellosis after 30 days, quarantines of 30 to 60 days are an 
effective method of preventing introduction of exposed animals.
    To qualify for importation from a region classified as either Risk 
Class RN or R1 for brucellosis, non-neutered ruminants over 6 months of 
age would need to be accompanied to the United States with a 
certification of origin and certification that the ruminants were not 
vaccinated with any live brucella vaccine. However, if ruminants to be 
imported originate from a Risk Class R1 region and had been vaccinated 
with Brucella abortus Strain 19 vaccine before the region became a Risk 
Class R1 region, they would be subject to the requirements for 
importation from Risk Class R2 regions.
    To qualify for importation from a region classified as either Risk 
Class R2 or (if a certified brucellosis-free herd) as Risk Class R3, 
these proposed rules would require a certification of origin for the 
ruminants to be imported from either a Class RN, R1, R2, or (if a 
certified brucellosis-free herd) R3 region, negative results to a 
brucellosis test of the animals to be imported conducted 30 to 60 days 
before being presented for export, and a retest with negative results 
at the port of entry. The ruminants may have been vaccinated only with 
B. abortus Strain 19 in accordance with the procedures in 9 CFR part 
78.
    For non-neutered ruminants from herds not certified as brucellosis-
free in Risk Class R3 regions, or for non-neutered ruminants from Risk 
Class R4 and Risk Class RU regions, the herd of origin must have been 
tested and found negative for brucellosis within 6 to 12 months prior 
to export of the ruminants. If any test-positive animals were found 
during the test, they must have been removed from the herd and all 
remaining animals must be retested with negative results not less than 
6 months after any test-positive animals were removed. Additionally, 
individual ruminants to be imported must have undergone a minimum of 30 
days pre-embarkation quarantine prior to export, must have had a 
negative result to an approved test for B. abortus, B. suis biovar 4, 
and/or B. melitensis within the 30 days prior to export, must be 
quarantined for at least 15 days at a post-importation quarantine 
designated and approved by the Administrator, and must have a negative 
result to approved tests for B. abortus, B. suis biovar 4, and/or B. 
melitensis during the post-importation quarantine period.

Brucella Suis

    Proposed Sec. 93.515(b) specifies requirements for swine intended 
for export from regions classified from Risk Class R1 through RU for 
Brucella suis. Just as comparisons can be made between domestic State 
Risk Class status and foreign Risk Class status for bovine brucellosis, 
similar comparisons can be made with regard to swine brucellosis, as 
follows:

------------------------------------------------------------------------
                                                        Comparable risk 
Swine brucellosis classification      Conditions             class      
------------------------------------------------------------------------
Validated Brucellosis-Free......  Validated Free for  RN                
                                   more than 10                         
                                   years. No                            
                                   adjacent States                      
                                   risk class R3, R4                    
                                   or RU.                               
Validated Brucellosis-Free Stage  No known infected   R1                
 II.                               domesticated                         
                                   herds for more                       
                                   than 5 years,                        
                                   Validated Free                       
                                   for more than 3                      
                                   years.                               
Validated Brucellosis-Free Stage  No known infected   R2                
 III.                              domestic herds                       
                                   for more than 1                      
                                   year and/or                          
                                   infected feral                       
                                   swine in region.                     
                                   May include some                     
                                   Stage II areas                       
                                   qualifying for                       
                                   Stage III.                           
Non-validated Stage II..........  Less than 0.1%      R3                
                                   herd incidence                       
                                   rate.                                
Non-validated Stage I...........  More than 0.1%      R4                
                                   herd incidence                       
                                   rate.                                
Non-validated...................  Does not meet       RU                
                                   minimum standards                    
                                   of eradication                       
                                   program.                             
------------------------------------------------------------------------

    Currently all States in the United States are either validated 
brucellosis-free or, if non-validated, have less than 0.1% herd 
incidence rates. If the States in this country were foreign regions, 
all of the validated brucellosis-free States would be Risk Class RN, 
R1, or R2, and the non-validated States would be Risk Class R3.

[[Page 16999]]

    Vaccination is not permitted or recommended in swine herds. Some 
States have known infection in feral swine located in the State. These 
States, if foreign regions, would fall into the Risk Class R2 
classification, provided there has been no transmission of B. suis to 
domesticated swine herds within the previous year. States in which 
transmission to domestic swine herds has occurred would, if foreign 
regions, be Risk Class R3.
    Under proposed Sec. 93.515(b) regarding B. suis, swine from any 
regions classified as Risk Class R1 or R2 for the disease, or from an 
R3 region if from a validated brucellosis-free herd, would be allowed 
to move for slaughter to any approved slaughter plant in the United 
States, provided they move in vehicles closed with official seals of 
the United States government applied and removed by an APHIS 
representative, or an individual authorized for this purpose by an 
APHIS representative.
    For swine to be otherwise imported from regions classified as Risk 
Class R1, these proposed rules would require that the swine be 
accompanied by a certification that they originated in a Risk Class RN 
or R1 region, and that the animals were not vaccinated with any live 
brucella vaccine.
    For swine to be imported from regions classified as Risk Class R2, 
or for swine from validated brucellosis-free herds in Risk Class R3 
regions, a certification of origin in a Risk Class RN, R1, or R2 
region, or from a validated brucellosis-free herd would be required, 
along with a negative test of the imported animals for B. suis 30 to 60 
days before being presented for export. A negative retest at the port 
of entry would also be required.
    For the importation of non-neutered swine over 6 months of age from 
herds not validated brucellosis-free in Risk Class R3 regions, and for 
non-neutered swine over 6 months of age from Risk Class R4 or RU 
regions, all swine over 6 months of age in the herd of origin would 
need to have had negative results to a test for B. suis within 6 months 
prior to the date the swine to be imported are removed from the herd. 
If any swine were found to be positive on a herd test, the herd would 
need to have undergone a herd cleanup plan equivalent to the plan 
required in 9 CFR part 78. The complete herd test, and clean-up of each 
infected herd, would essentially qualify the herd as a validated 
brucellosis-free herd. Therefore, individual swine subsequently 
intended for importation from R3 regions would be subject to the same 
requirements as swine from R3 regions intended for importation from 
validated brucellosis-free herds.
    No swine from any risk category would be eligible for importation 
if they have been vaccinated with a live Brucella vaccine. Vaccination 
of swine for brucellosis has not been found to be efficacious in the 
United States. Some areas of the world use a live attenuated B. suis 
biovar 2 vaccine. Brucella suis biovar 2 is not known to exist in the 
United States, so this vaccine, even though attenuated, would be 
considered an exotic disease agent in the United States.

Pseudorabies

    In this proposed rule, Sec. 93.515(c) sets forth import 
requirements for swine intended for importation from regions classified 
from Risk Class R1 through RU for pseudorabies virus (PRV). 
Pseudorabies affects all classes of swine and can occasionally affect 
other animals, such as sheep or cattle, which are dead-end hosts. The 
primary reservoir is in swine. On breeding swine farms, reproductive 
disorders and nervous disorders in baby pigs are the most frequently 
seen clinical signs of PRV. The incubation period of PRV in susceptible 
swine is usually variable, ranging from 36 to 48 hours in newborn pigs, 
and 3 to 5 days in older swine.
    Most infected swine excrete virus only for 14 to 28 days following 
infection, but some do become persistent carriers of the virus for long 
periods of time. Recrudescence with virus excretion can occur following 
stress or other stimuli, such as parturition. Any seropositive animal 
should be considered a potential virus carrier. Carrier swine would not 
be expected to have any clinical signs of the infection.
    Current tests for PRV are very sensitive, and infected swine will 
be expected to have detectable antibody as early as 6-7 days after 
exposure, with peak antibody titers about 5 weeks after exposure. 
Antibodies in recovered or carrier swine may persist for years. 
Vaccinated swine may be protected from clinical disease, but the 
virulent virus may still replicate and become established in a carrier 
state.
    Pseudorabies virus is relatively stable at mild acidic or alkaline 
conditions, although strong acids and strong alkalis readily kill the 
virus. The virus can survive for long periods in the environment if the 
pH and humidity remain within an optimal range of ph 6-8, and the 
temperature remains between -8 deg. C to 25 deg. C. The virus generally 
dies out rapidly when frozen at -13 deg. C to -20 deg. C. However, 
although freezing in most cases rapidly kills the virus, it can be 
preserved for years frozen at -90 deg. C. Direct sunlight rapidly 
destroys the virus. Although the virus can survive for relatively long 
periods of time in meat, usually little virus is found in the muscle of 
naturally infected swine. The virus exists primarily in the lymphoid 
and nerve tissue. There are no known treatment procedures that will 
clear infected carrier swine of the infection.
    Currently, a cooperative Federal/State eradication program for PRV 
is conducted in all States of the United States. The PRV eradication 
program in the United States in effect regionalizes the country by 
State, according to the prevalence of PRV infected herds and the 
progress in the eradication program in each State. The State 
classifications are Stage I (Preparation), Stage II (Control), Stage 
III (Mandatory herd cleanup), Stage IV (Surveillance), and Stage V 
(Free). If the States of the United States were foreign regions, they 
would be classified according to Risk Class as follows:

------------------------------------------------------------------------
                                                         Comparable risk
  Pseudorabies classification         Conditions              class     
------------------------------------------------------------------------
Stage V (Free)................  Stage V for more than   RN              
                                 10 years and                           
                                 vaccination not                        
                                 permitted except for                   
                                 export.                                
Stage V (Free)................  Stage V (Free) for      R1              
                                 more than 3 years and                  
                                 vaccination not                        
                                 permitted except for                   
                                 export.                                
Stage V (Free)................  Stage V (Free) after 2  R2              
                                 years. No known                        
                                 infected herds for                     
                                 more than 2 years.                     
Stage IV (Surveillance).......  Stage IV                R2              
                                 (Surveillance) for at                  
                                 least 1 year. No                       
                                 known infected herds                   
                                 for at least 1 year.                   
                                 Vaccination permitted.                 
Stage IV (Surveillance).......  Stage IV for less than  R3              
                                 1 year.                                
Stage III.....................  Less than 0.1% herd     ................
                                 incidence rate.                        
Stage III.....................  More than 0.1% herd     R4              
                                 incidence rate.                        
Stage II                                                                
Stage I.......................  Does not meet minimum   RU              
                                 standards of                           
                                 eradication program.                   
------------------------------------------------------------------------


[[Page 17000]]


    Currently all States in the United States are in stages II through 
V of the PRV program. Under proposed Sec. 93.515(c), swine from any 
region with regard to pseudorabies would be allowed movement to 
slaughter under the same conditions as those described above for direct 
movement to slaughter with regard to B. suis. There is no known 
evidence that PRV is transmitted to swine from meat or infected meat 
scraps fed in garbage.
    Under this proposal, to be imported from a Risk Class R1 region, 
swine would need to be accompanied only with certification that the 
swine originated in a Risk Class RN or R1 region, and that the animals 
were not vaccinated with any PRV vaccine.
    To be imported from either a Risk Class R2 region or from a 
qualified pseudorabies-negative (QPN) herd in a Risk Class R3 region, 
swine would need to be accompanied by certification that they 
originated in a Risk Class RN, R1 or R2 region, or in an R3 region if 
from a qualified pseudorabies-negative herd that has been qualified 
according to procedures equivalent to those set forth in part 85 of 
this chapter, and by certification that the swine tested negative for 
PRV within 30 days before being presented for export. The purpose of 
the test is to prevent importation of any residual infection that may 
occur in the region. We believe the testing is necessary to detect 
animals that may be vaccinated but not recorded as vaccinated animals.
    For swine to be imported from herds not QPN in Risk Class R3 
regions, and from Risk Class R4 and Risk Class RU regions, the swine 
intended for export must have had a negative test within 30 days prior 
to export and must have been quarantined separate from all swine not in 
the shipment, for 30 days prior to export. The imported swine would be 
subjected to a post-importation quarantine for at least 15 days, during 
which time they must have a negative test for PRV. Certain vaccines are 
permitted in the United States under part 85 of this chapter. Because 
tests are available that will distinguish between the vaccine strains 
and virulent PRV, the vaccinated swine should create no problem in the 
testing procedure. We believe the 30 day pre-embarkation quarantine 
would be adequate to detect any swine that were incubating PRV 
infection when they entered the farm. The additional 15 days post-
importation quarantine would be to assure that there was no 
transmission from possible silent carrier swine or from environmental 
contamination while in pre-embarkation quarantine.

Scrapie

    In this proposed rule, Sec. 93.415(h) sets forth requirements for 
sheep and goats imported from regions classified as Risk Class R1 
through Risk Class RU for scrapie. Scrapie disease of sheep and goats 
exists in the United States at a low prevalence. The United States has 
attempted to eradicate scrapie disease since the 1950's, when it was 
first imported in sheep. The nature of the causative agent for scrapie 
is somewhat controversial, as it is not a true virus, although there 
are many attributes of the infection that resemble a virus infection. 
Sheep and goats are usually infected at a young age, but the disease 
does not appear until several years later as an encephalopathy. The 
incubation period for scrapie can last up to 5 years. Currently, the 
only certain method of diagnosing scrapie is by microscopic examination 
of the brain tissue of infected animals. Reliable serologic tests are 
generally not available. The only practical method of certifying sheep 
or goats for movement is by flock or herd history of the flock of 
origin, or regional history of scrapie.
    Only a few countries of the world are considered to be free of 
scrapie. Others have eradication programs similar to the United States, 
but are low prevalence infected areas. According to the risk class 
criteria proposed in Sec. 92.2 of this proposal, the United States, if 
a foreign region, would be classified as a Risk Class R3 region.
    Under this proposal, for sheep and goats to be imported from 
regions classified as risk class RN, R1 or R2 for scrapie, the sheep 
and goats would need to be accompanied by certification that they have 
been only in one of those regions during their entire life, and have 
only been on premises where no cases of scrapie have been diagnosed 
during the 5 years immediately preceding the date of intended 
exportation.
    The requirements for the importation of sheep and goats from 
regions classified as risk class R3 for scrapie would be similar to the 
current scrapie importation requirements for sheep and goats from 
Canada, set forth in Sec. 92.419 of the current regulations. The 
proposed regulation equivalent to requirement ``(5)'' below, regarding 
the Canadian scrapie eradication program, would be the requirement that 
the region in question conduct a scrapie eradication program equivalent 
to that conducted in the United States. The provisions in current 
Sec. 92.419 require a certificate stating:
    (1) That the sheep and goats have been inspected on the premises of 
origin and found free of evidence of scrapie, and of any other 
communicable disease;
    (2) That, as far as it has been possible to determine, such animals 
have not been exposed to any such disease during the preceding 60 days;
    (3) That, as far as can be determined, scrapie has not existed on 
any premises on which such sheep or goats were located during the 42 
months immediately prior to shipment to the United States;
    (4) That each of such animals is not the progeny of a sire or dam 
that has been affected with scrapie; and
    (5) That, as far as it has been possible to determine, each of such 
animals is not a sheep or goat that would have been slaughtered under 
the current Canadian scrapie eradication program had that program been 
in effect since April 1957.
    Sheep and goats would be prohibited importation from regions 
classified as Risk Class R4 and RU for scrapie, because we believe that 
the requirements for Risk Class R3 regions are necessary to guard 
against the importation of scrapie-affected animals, and we do not 
believe that the certifications of Risk Class R3 regions can be made in 
Risk Class R4 or RU regions.

Contagious Diseases Exotic to the United States

    In this proposal, Sec. 93.415(d) sets forth requirements for 
ruminants imported from regions classified as Risk Class R1 through RU 
for foot-and-mouth disease (FMD) virus in ruminants, and Sec. 93.515(e) 
sets forth requirements for swine moving from regions classified as 
Risk Class R1 through RU for FMD, rinderpest (RP), African swine fever 
(ASF), hog cholera (HC), and swine vesicular disease (SVD). The 
requirements governing these diseases are set forth in the same 
paragraph of this proposal, because the importation requirements for 
each of the diseases are similar for each of the risk classes. These 
diseases are grouped also because the epidemiology is similar and all 
of these diseases can be transmitted to new animals in meat and other 
animal products.
    The incubation periods for FMD, RP, ASF, HC, and SVD are all 
relatively short, and all of these diseases are highly contagious, with 
spread by contact, aerosol, and feed or water being the most common 
methods of spread. Vector transmission of ASF by Ornithodoros ticks has 
been shown to occur and mechanical vector transmission of HC has also 
been demonstrated. Mechanical transmission

[[Page 17001]]

of each of these disease agents by ticks and insects is possible.

Foot-and-Mouth Disease

    Foot-and-mouth disease affects all members of the family 
artiodactyla, as well as some rodents such as the hedgehog. Cattle are 
readily infected and may be carriers of the virus for long periods of 
time through localization of the virus in the pharyngeal lymphoid 
(tonsil) tissue. Vaccinated cattle may become infected and either not 
show any clinical signs or have a mild atypical disease. Carrier cattle 
do not readily transmit the virus to other animals, but are a constant 
threat to do so. Swine produce and disseminate large quantities of 
virus when infected, but do not remain carriers for long periods of 
time. Foot-and-mouth disease virus is relatively resistant outside the 
host animal, provided the pH remains near neutral. Acidic or alkaline 
conditions readily kill the virus.

African Swine Fever, Hog Cholera, and Swine Vesicular Disease

    Only swine are affected with ASF, HC and SVD viruses. These viruses 
are primarily transmitted directly between swine, but ASF particularly 
can be transmitted by Ornithodoros ticks. Infected swine that recover 
may remain carriers of these agents for long periods of time. The 
viruses of ASF and SVD are quite resistent to heat, putrefaction, and 
acidic and alkaline conditions. Wild swine such as the wart hog, bush 
pig and giant forest pig in Africa are the primary reservoir of ASF. 
Infected pork and pork products can readily carry HC, ASF and SVD. 
Sheep and calves can be infected with SVD but do not develop a clinical 
illness and are not likely to spread the virus unless meat from 
affected animals is fed to swine. Only swine are susceptible to HC 
virus, in which acute, subacute and chronic disease occurs. Congenital 
infection of pigs helps maintain the disease in a herd, but movement of 
carrier swine or feeding of meat scraps to swine is the primary method 
of transmission between herds. Acidic and alkaline conditions readily 
destroy HC virus but the virus is very stable in refrigerated and 
frozen meat.
    Viral infections with FMD, ASF, HC, and SVD are readily detected 
with modern serological tests. Testing the herd of origin as well as 
any exported pigs from areas known to be affected will significantly 
reduce the risk of introducing any of these viruses. Quarantines are 
necessary to detect any animals that may be incubating the virus or be 
inapparent carriers upon entry into the quarantine. There are no 
effective treatments for any of these viruses, and any recovered 
animals would be likely to be carriers. Therefore, if there is evidence 
of infection in a quarantine facility, none of the exposed animals 
would be allowed to enter the United States.

FMD Requirements for Ruminants and Swine, and RP, ASF, HC, and SVD 
Requirements for Swine

    Under this proposal, we would prohibit the importation of any 
ruminants and swine that have been vaccinated for FMD, RP, ASF, HC, or 
SVD. Ruminants and swine to be imported from regions classified as R1 
for FMD, RP, ASF, HC, or SVD would be required to be accompanied by a 
certification that the ruminants or swine were born and resided only in 
regions classified as Risk Class RN or R1 for the disease in question, 
and have had a negative test for the disease in question within 30 days 
prior to the date of export.
    The only ruminants and swine from R1 regions excepted from the 
testing requirements, and also from the quarantine requirements for R2 
regions discussed below, would be ruminants and swine imported for 
immediate slaughter that were born and raised in regions classified as 
Risk Class R1 or R2 for the diseases in question. Such animals would be 
required to be consigned from the port of entry to a recognized 
slaughtering establishment, and there slaughtered within 2 weeks of the 
date of entry. The ruminants would need to be moved from the port of 
entry in conveyances closed with official seals of the United States 
government applied and removed by an APHIS representative, or by an 
individual authorized for this purpose by an APHIS representative.
    For ruminants and swine to be imported from regions classified as 
Risk Class R2 for FMD, and for swine to be imported from regions 
classified as Risk Class R2 for RP, ASF, HC, or SVD, the animals would 
need to be accompanied by a certificate that certifies that they were 
born and resided only in regions classified as Risk Class RN, R1, or R2 
for the diseases in question. The ruminants and swine would also be 
required to meet the testing requirements required for animals from R1 
regions, and, additionally, would need to undergo a 30-day pre-
embarkation quarantine (for swine from regions classified as Risk Class 
R2 for ASF, the pre-embarkation quarantine must be conducted in a 
vector-proof facility approved by the Administrator), and a 15-day 
post-importation quarantine. During the post-importation quarantine, 
the ruminants and swine would need to test negative to an approved 
serological test for FMD, RP, ASF, HC, and/or SVD.
    For ruminants and swine to be imported from regions classified as 
Risk Class R3 for FMD, and for swine to be imported from regions 
classified as Risk Class R3 for RP, ASF, HC, or SVD, the animals would 
need to be accompanied by certification that they (1) were born and 
resided only in regions listed as Risk Class RN, R1, R2, or R3 for FMD; 
(2) have not been on any premises affected with FMD virus during the 12 
months prior to export; (3) have not been on any premises located 
within 25 miles (40 km) of any premises affected with FMD virus in the 
90 days prior to export; (4) have undergone pre-embarkation quarantine 
for at least 60 days prior to export, under USDA supervision in a 
facility approved by the Administrator; and (5) have had, during the 
pre-embarkation quarantine, negative results to two tests conducted for 
FMD, using an approved serological test. If indicated, oesophageal-
pharyngeal fluid samples would be taken for further testing. 
Additionally, the ruminants and swine would have to be quarantined for 
at least 60 days without sentinel animals at the Harry S Truman Animal 
Import Center, during which time they would be tested for the disease 
in question at least once.
    The requirements for ruminants and swine to be imported from 
regions classified as R4 or RU for FMD, and for swine to be imported 
from regions classified as R4 or RU for RP, ASF, HC, or SVD, would be 
the same as those for ruminants and swine imported from R3 regions, 
except for the certification of residency, and except that ruminants 
and swine from R4 regions would need to be quarantined at HSTAIC for at 
least 90 days with sentinel animals from the United States.

Rinderpest and Peste de Petits Ruminants

    In Sec. 93.415(e) of this proposal, we set forth requirements for 
ruminants to be imported from regions classified as Risk Class R1 
through RU for rinderpest and peste de petits ruminants (PPR). 
Rinderpest virus primarily affects cattle and buffalo but a wide 
variety of cloven hoofed animals are susceptible. European swine do 
become infected, but the disease is primarily inapparent. The 
incubation period ranges from 3 to 15 days, and affected animals have a 
high mortality rate. Recovered animals do not remain carriers. Subacute 
infections may occur in regions where the disease is endemic or in 
breeds of animals or species that have an innate resistance. Rinderpest 
virus is not very stable

[[Page 17002]]

outside the host, and is readily destroyed by acidic or alkaline 
conditions, and by direct sunlight. The virus of PPR is closely related 
to rinderpest virus but primarily affects sheep and goats.
    Viral infections with rinderpest and PPR are readily detected with 
modern serological tests. Testing the herd of origin, as well as any 
exported animals from areas known to be affected, will significantly 
reduce the risk of introducing any of these viruses. Quarantines are 
necessary to detect any animals that may be incubating the virus or be 
inapparent carriers upon entry into the quarantine. There are no known 
effective treatments for these viruses. Although any recovered animals 
do not remain as carriers, as a matter of precaution, animals with a 
known history of infection or exposure, including those exposed to 
infection in a quarantine center, should be prohibited entry into the 
United States. As with rinderpest, any animal vaccinated for PPR would 
be prohibited importation into the United States.
    Ruminants intended for importation from regions classified as R1 or 
R2 for RP and PPR would be required to meet the same requirements as 
ruminants from regions classified as R1 and R2 for FMD. The 
requirements for ruminants from R3 regions for RP and PPR would be the 
same as for R3 for FMD, except that, in the case of RP and PPR, the 
ruminants would be required to undergo pre-embarkation quarantine for 
at least 30 days, would have to test negative to two tests conducted 
not less than 15 days apart (if indicated, nasal swabs or other tissues 
or samples would be taken for further testing), and would be required 
to be quarantined at HSTAIC for at least 30 days without sentinel 
animals. The requirements for ruminants from regions classified as R4 
or RU for RP and PPR would be the same as those for R3 regions, except 
that, for animals from R4 regions, the quarantine at HSTAIC would have 
to be conducted with sentinel animals.

Bovine Spongiform Encephalopathy

    Section 93.415(g) of this proposal specifies requirements for the 
importation of cattle from regions classified as Risk Class R1 through 
RU for bovine spongiform encephalopathy (BSE). BSE is a scrapie-like 
disease of cattle that has appeared in the past decade in Europe, 
particularly in Britain. It 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 disease has an 
incubation period of from 5 to 7 years. Although BSE is not known to 
affect humans, the fear of the disease generated in the United Kingdom 
has caused severe economic hardship to the cattle industry in the 
British Isles. Because of the long incubation period and the lack of a 
suitable diagnostic test, the only way of preventing introduction of 
the disease is by certification of herd and regional history of the 
disease, along with the presence of a strong regional animal health 
infrastructure capable of recognizing and diagnosing the disease if it 
should occur.
    Under this proposal, cattle imported from regions classified as 
Risk Class R1 or R2 for BSE would need to be accompanied by 
certification that the cattle were born and resided only in R1 or R2 
regions, and that the cattle have only been on premises where no cases 
of BSE have been diagnosed during the 10 years immediately preceding 
the date of exportation.
    Cattle from regions classified as Risk Class R3, R4, or RU for BSE 
would be prohibited importation into the United States.

Contagious Agalactia due to Mycoplasma agalactia, Sheep Pox Virus, Goat 
Pox Virus, and Contagious Caprine Pleuropneumonia due to Mycoplasma 
Mycoides Subsp. Capri

    Section 93.415(i) of this proposal sets forth requirements for 
sheep and goats intended for importation from regions classified as R1 
through RU for Contagious agalactia due to Mycoplasma agalactiae (CA), 
Sheep pox (SP), goat pox (GP), and contagious caprine pleuropneumonia 
(CCPP due to Mycoplasma mycoides subsp. capri). These diseases are 
grouped together because they affect only sheep and goats and the 
epidemiology is similar. Both CA and CCPP are chronic diseases with 
long incubation periods. Antibodies generally are found in infected 
animals long before the appearance of clinical signs. Both SP and GP 
are acute viral diseases in which the virus can remain in the recovered 
host or host materials for long periods after recovery. Serological 
tests for these disease agents are adequate to detect either recovered 
carriers in the case of SP or GP, or prodromal carriers in the case of 
CA or CCPP. Although each of these diseases could probably be easily 
eradicated if detected in the United States, they could become 
widespread before they were detected and therefore would be costly to 
eradicate.
    All sheep or goats that have been vaccinated for CA, SP, GP, or 
CCPP would be prohibited importation into the United States. To be 
imported from regions classified as Risk Class R1 for CA, SP, GP, or 
CCPP, sheep and goats would need to be accompanied by certification 
that they were born and resided only in regions classified as Risk 
Class RN or R1, and that they have had a negative test for the disease 
in question within 30 days prior to export.
    Sheep and goats to be imported from regions classified as Risk 
Class R2 for CA, SP, GP, or CCPP would be required to be accompanied by 
certification that they were born and resided only in regions 
classified as Risk Class RN, R1, or R2, and that they have had a 
negative result to an approved serological test for the disease in 
question 30 to 60 days prior to exportation to the United States. 
Additionally, the sheep and goats would have to be quarantined for at 
least 15 days at a post-importation quarantine facility designated and 
approved by the Administrator, and would have to test negative to an 
approved serological test for the disease in question during the post-
importation quarantine.
    In addition to residency certification, sheep and goats to be 
imported from regions classified as Risk Class R3 for CA, SP, GP, or 
CCPP would have to meet one of the following requirements: Either (1) 
test negative to an approved serological test for the disease in 
question 30-60 days prior to exportation to the United States; or (2) 
originate from a herd or flock in which all sheep and goats over 6 
months of age have had a negative result to an approved serological 
test within 12 months prior to the time of export. Additionally, the 
sheep and goats would have to be quarantined and isolated for at least 
30 days prior to export from all animals not part of the shipment, in 
facilities approved by the Administrator. The sheep and goats would 
also have to undergo at least a 15-day post-importation quarantine, and 
have a negative result to an approved serological test during that 
quarantine.
    To be imported from regions classified as R4 or RU for CA, SP, GP, 
or CCP, sheep and goats would have to be certified as having undergone 
at least a 60-day pre-embarkation quarantine, and as testing negative 
to two approved tests for the disease in question, at least 30 days 
apart, with the second test during the pre-embarkation period and not 
more than 30 days before export. Additionally, the sheep and goats 
would have to be quarantined for at least 30 days post-importation, and 
be tested negative there to an approved serological test for the 
disease in question.

Malignant Catarrhal Fever

    In this proposal, Sec. 93.415(j) sets forth requirements for the 
importation of

[[Page 17003]]

ruminants from regions classified as Risk Class R1 through RU for 
malignant catarrhal fever--African or Wildebeest Type (MCF-A). This 
disease is transmitted from infected wildebeest and other wild 
reservoirs in Africa to cattle. There is little evidence of 
transmission from cattle to cattle. The causative agent for this 
disease has been identified as a herpesvirus. The causative agent for 
the sheep-associated type of malignant catarrhal fever (MCF-S) has not 
been positively identified, although several candidate viruses have 
been recovered. MCF-S is transmitted from sheep to cattle and is found 
world-wide, including in the United States. Therefore, it would not be 
considered a restricted type of the disease agent in this proposed 
rule.
    (Although we refer simply to ``MCF'' when discussing malignant 
catarrhal fever in Sec. 93.415(j) of the proposed rule, because the 
MCF-A type would be the only type considered a restricted disease 
agent, in this Supplementary Information we specify ``MCF-A'' when 
referring to the African or wildebeest type, to differentiate it from 
the MCF-S type.)
    The principal concern with the importation of MCF-A would be the 
importation of infected wildebeest or other African wildlife that may 
carry the virus, rather than introduction in domestic livestock. 
However, although the research done indicates that MCF-A is not 
transmitted from cattle to cattle, we believe there is sufficient doubt 
to warrant requiring that any ruminant at least test serologically 
negative before importation. MCF-A virus has been isolated from 
antelope and deer in two zoos and a wild animal park in the United 
States. Serologic tests for MCF-A are sufficiently sensitive to detect 
possible carrier animals from affected regions. Because, as with most 
herpesvirus infections, an infected animal probably remains infected 
for life, any animal with a serologic titer should be excluded from 
importation.
    Any ruminant that has been vaccinated for MCF-A would be prohibited 
importation into the United States. Ruminants intended for importation 
from regions classified as Risk Class R1 for MCF-A would be required to 
be accompanied by certification that they were born and resided only in 
regions classified as Risk Class RN or R1 for MCF-A, and that they have 
had a negative result to an approved serological test for MCF-A within 
30 days prior to the date of export.
    Ruminants intended for importation from regions classified as Risk 
Class R2 for MCF-A would be required to be accompanied by certification 
that they were born and resided only in regions classified as Risk 
Class RN, R1, or R2 for MCF-A, and have had a negative result to an 
approved serological test for MCF 30-60 days prior to the date of 
export. The ruminants would also be required to be quarantined for at 
least 15 days at a post-importation quarantine facility designated and 
approved by the Administrator, and would need to have a negative result 
to an approved serological test for MCF-A during the post-importation 
period.
    Ruminants intended for importation from regions classified as Risk 
Class R3 for MCF-A would be required to be accompanied by certification 
that they were born and resided only in regions classified as Risk 
Class RN, R1, R2, or R3 for MCF-A, that they have been in a pre-
embarkation quarantine facility, approved by the Administrator, for a 
minimum of 30 days prior to export, and that they either (1) have had a 
negative result to an approved serological test for MCF-A 30 to 60 days 
prior to the date of export, or (2) originate from a herd in which all 
ruminants in the herd over 6 months of age have had a negative result 
to an approved test for MCF-A within the previous 12 months. 
Additionally, the ruminants would need to be quarantined for at least 
15 days at a post-importation facility designated and approved by the 
Administrator, and would need to have a negative result to an approved 
serological test for MCF-A during the post-importation quarantine 
period.
    Ruminants intended for importation from regions classified as R4 or 
RU for MCF-A would be required to be accompanied by certification that 
they originate from herds that have not been affected with MCF-A during 
the previous 12 months, that they have undergone a minimum of 60 days 
pre-embarkation quarantine, and that, during the pre-embarkation 
quarantine, they have had negative results to two tests conducted not 
less than 15 days apart with an approved serological test for MCF-A. 
Additionally, the ruminants would be required to undergo post-
importation quarantine for at least 15 days at a facility designated 
and approved by the Administrator, and would need to test negative to 
an approved serological test for MCF-A during the post-importation 
quarantine period.

Contagious Bovine Pleuropneumonia

    In this proposal, Sec. 93.415(k) sets forth requirements for the 
importation of ruminants from regions classified as Risk Class R1 
through RU for contagious bovine pleuropneumonia (CBPP) in cattle due 
to Mycoplasma mycoides subsp. mycoides. This disease was eradicated 
from the United States in the 19th century. The disease has a long 
incubation, and infected cattle may not demonstrate clinical signs 
until the late stages of infection. Serologic tests have sufficient 
sensitivity to detect incubating animals long before any other clinical 
evidence is apparent. Any serologically positive animal would be 
excluded from import.
    Any ruminant vaccinated for CBPP would be prohibited importation 
into the United States. Cattle intended for importation from regions 
classified as Risk Class R1 for CBPP would be required to be 
accompanied by certification that the cattle were born and resided only 
in regions classified as Risk Class RN or R1 for CBPP, that they have 
undergone a minimum 30-day pre-embarkation quarantine, and that they 
have had a negative result to an approved serological test for CBPP 
within 30 days prior to export.
    Cattle intended for importation from regions classified as Risk 
Class R2 for CBPP would be required to be accompanied by certification 
that they were born and resided only in regions classified as Risk 
Class RN, R1, or R2 for CBPP and that they have had a negative result 
to an approved serological test for CBPP 30 to 60 days prior to the 
date of export. The cattle would also be required to be quarantined for 
at least 15 days at a post-importation quarantine facility designated 
and approved by the Administrator, and would need to test negative to 
an approved serological test for CBPP during the post-importation 
quarantine period.
    The requirements for importation from regions classified as Risk 
Class R3 for CBPP would be similar to those for importation from 
regions classified as Risk Class R3 for MCF-A, discussed above.
    The requirements for importation from regions classified as Risk 
Class R4 and RU for CBPP would be similar to those for importation from 
regions classified as Risk Class R4 or RU for MCF-A, discussed above, 
except that the interval between pre-embarkation negative tests would 
have to be at least 30 days for CBPP, as compared to 15 days for MCF-A, 
and the post-importation quarantine for CBPP would be at least 30 days 
for CBPP, rather than 15 days as for MCF-A.

Teschen Disease Virus

    In this proposal, Sec. 93.515(h) sets forth requirements for the 
importation of swine from regions classifies as Risk Class R1 through 
RU for Teschen

[[Page 17004]]

disease (TDV, also known as polioencephalomyelitis). TDV causes an 
encephalomyelitis in swine, due to an enterovirus similar to poliovirus 
in humans. Teschen disease virus is due to porcine enterovirus type 1. 
Other porcine enterovirus types are found throughout the world, 
including in the United States. Except for TDV, the porcine 
enteroviruses generally produce a mild inapparent infection in swine. 
Enteroviruses are very resistent to inactivation and may remain in the 
environment for long periods. Recovered swine usually do not shed the 
virus for long periods after appearance of antibody. Animals with 
stabilized or declining antibody levels would not be expected to be 
carriers, but generally any animal with antibody to TDV antigen would 
be avoided if from a TDV-affected region. Cross reactions with other 
enterovirus types may produce some confusion if swine from areas not 
affected with TDV are tested.
    Any swine that has been vaccinated with any live TDV is prohibited 
importation into the United States. Swine intended for importation from 
regions classified as Risk Class R1 or R2 for TDV would be required to 
be accompanied by certification that the swine were born and resided 
only in regions classified as Risk Class RN, R1, or R2 for TDV, and 
that the swine have had a negative result to an approved test for 
Teschen disease within 30 days of the date of exportation.
    Swine intended for importation from regions classified as Risk 
Class R3 for TDV would be required to be accompanied by certification 
that the swine were born and resided only in regions classified as Risk 
Class RN, R1, R2, or R3 for TDV, that the swine meet one of the 
following requirements: Either (1) they have had a negative result to 
an approved test for TDV 30 to 60 days before exportation; or (2) they 
originate from herds in which the entire herd over 6 months of age has 
had negative results to an approved test for TDV within 12 months prior 
to the date of exportation. Unless swine meet the latter of the above 
two options, they would also be required to be quarantined for at least 
30 days prior to export. Additionally, the swine would be required to 
be quarantined for at least 15 days at a post-importation quarantine 
station approved by the Administrator, and would need to test negative 
to an approved serological test for TDV during that quarantine period.
    Swine intended for importation from regions classified as R4 and RU 
for TDV would be required to be accompanied by certification that the 
swine originate from herds in which the entire herd over 6 months of 
age has had a negative result to an approved test for Teschen disease 
within 60 to 180 days prior to the date of exportation; that the swine 
were quarantined for at least 60 days prior to export, and that during 
the pre-embarkation quarantine period, the swine have had negative 
results to an approved test for TDV 30 to 60 days prior to the date of 
export. Additionally, the swine would be required to be quarantined at 
a post-importation quarantine facility for at least 30 days, and, 
during this quarantine period, have two negative results, not less than 
30 days apart, to an approved test for Teschen disease.

Ectoparasites

    In this proposal, Secs. 93.415(f) and 93.515(d) set forth 
requirements for ruminants and swine intended for importation from 
regions classified as Risk Class R1 through RU for restricted 
ectoparasites. Based on the information currently available to us, 
every region of the world except Canada has one or more restricted 
ectoparasites. Therefore, except for Canada, there are currently no 
regions that would qualify as Risk class RN, R1 or R2. Although such 
regions may exist, at the present time we do not have information that 
would allow us to make such classifications.
    Control of ectoparasites is important, not only because of the 
damage that can be done by the ectoparasite itself, but also because 
certain restricted diseases are known to be transmitted or carried only 
by certain ectoparasites. By preventing or intercepting the 
ectoparasite, we effectively prevent transmission of the restricted 
agent, even if it were to be brought into the United States in infected 
animals. An example of this situations is bovine piroplasmosis due to 
Babesia bigemina, which is transmitted solely by the ticks Boophilus 
annulatus or B. microplus. This disease has been eliminated from the 
United States by eliminating the tick, rather than addressing the 
infection status of the animals.
    Under this proposal, for ruminants and swine to be imported from 
regions classified as Risk Class R1 or R2 regions for ectoparasites, 
the animals would be required to be inspected for restricted 
ectoparasites at the port of entry. If restricted ectoparasites are 
found, the animals may not enter until they have been treated again in 
10 to 14 days. This time period is necessary because the treatment will 
not kill the eggs of the parasites, and if any eggs have hatched they 
must be destroyed by a second dipping.
    For ruminants and swine to be imported from regions classified as 
Risk Class R3, R4 and RU for ectoparasites, the animals offered for 
export would be required to be treated 10 to 14 days before export, and 
to be inspected prior to export to be certain they have been cleared of 
any ectoparasites. Except for animals imported for immediate slaughter, 
ruminants and swine would also have to be inspected at the port of 
entry and retreated for ectoparasites. If animals are found to be 
infested with ectoparasites at the port of entry, they would be 
returned to the country of origin after treatment if offered for entry 
at a land border port, or would be quarantined for at least 15 days if 
at other ports.
    The purpose of port of entry inspection is to discover any 
ectoparasites that may have survived the previous treatment in the 
region of origin. Any ectoparasites found would indicate that the 
animals had not been adequately treated or had become reinfected after 
treatment in the region of origin. At least 10 days must pass after 
treatment to allow the treatment to have full effect because some 
treatments do not immediately kill the ectoparasites.

Vector-Borne Diseases That Are Exotic to the United States

Aino and Akabane Virus

    In this proposal, Sec. 93.415(l) sets forth requirements for 
ruminants offered for importation from regions classified as Risk Class 
R1 through RU for Aino and Akabane virus. The incubation periods for 
Aino and Akabane virus are short, and mature ruminants do not remain 
carriers of the virus for more than 7 to 14 days, or for 4 to 6 days 
after appearance of antibody. Both these viruses cause fetal 
deformities, and the carrier status of affected fetuses is more 
uncertain. Serologically positive pregnant cattle would not be 
imported. After a 30-day period with no evidence of increasing 
serological titer, even serologically positive animals are of 
negligible risk for introducing infection. The disease is seasonal and, 
even from high risk regions, there is no need to have insect-secure 
quarantine facilities during times of the year when insect vectors are 
not active. During seasons when insect vectors are active or from areas 
where insect vectors are always active, insect-secure quarantine 
facilities would be required to be provided to prevent infection of the 
animals to be exported during the pre-embarkation quarantine period. 
Non-pregnant animals with stabilized or declining serological titers 
are a

[[Page 17005]]

negligible risk source of infection in the United States.
    Any ruminant that has been vaccinated for aino or akabane virus 
would be prohibited importation into the United States. Ruminants 
offered for importation from regions classified as Risk Class R1 or R2 
for aino or akabane virus would be required to be accompanied by 
certification that, for at least 60 days preceding importation, the 
ruminants have been only on premises in regions classified as Risk 
Class RN, R1, or R2. The certification would also need to state that 
the ruminants have had a negative result to an approved serological 
test for aino and/or akabane virus within 30 days prior to the date of 
export. If, upon being tested, any of the ruminants in the shipment had 
a positive result to the test, for any of the remaining ruminants to be 
imported, all positive pregnant female ruminants would need to be 
removed from the shipment, and all remaining ruminants (both positive 
and negative) would need to be retested with either negative, 
decreasing, or stabilized test results at least 30 days following the 
first test.
    For ruminants to be imported from regions classified as Risk Class 
R3, R4, or RU for aino or akabane, the ruminants would be required to 
be accompanied by certification that they did not originate from a herd 
that has been known to be infected with aino and/or akabane within 12 
months of the date of export. Additionally, if the ruminants are 
offered for export during a time of the year when vectors are active, 
the certification would need to state that the ruminants were 
quarantined for at least 60 days prior to export in a vector-proof 
facility approved by the Administrator and by the national veterinary 
services in the country of origin. If the ruminants are offered for 
export during a time of the year when insect vectors are not active, 
the certification would need to state that at least 60 days has passed 
since the first killing frost of the season. The certification would 
also need to state that the ruminants were tested twice with negative 
results to approved serological tests for aino and/or akabane virus, at 
least 30 days apart, with the second test conducted within 30 days 
prior to export. If any of the ruminants in the shipment tested 
positive, then the same procedure as for R1 and R2 regions regarding 
retesting after removal of pregnant positives would be followed. The 
ruminants would need to be quarantined for at least 15 days at a post-
importation quarantine facility, during which time the ruminants must 
have negative, decreasing, or stabilized test results to an approved 
serological test for aino and/or akabane virus.

Bluetongue, Epizootic Hemorrhagic Disease, Bovine Ephemeral Fever, Rift 
Valley Fever, and Wesselbron

    In this proposal, Sec. 93.415(m) sets forth importation 
requirements for ruminants from regions classified as Risk Class R1 
through RU for Bluetongue virus (BTV), other than serotypes 10, 11, 13, 
and 17 which are already endemic in parts of the United States; 
Epizootic hemorrhagic disease virus (EHDV), except serotypes 1 and 2 
which are already endemic in parts of the United States; bovine 
ephemeral fever (BEF, also known as Kotankan or Obodhiang) virus; Rift 
valley fever (RVF) virus, and Wesselsbron (WB) virus.
    There are at least 20 serotypes of BTV and 6 serotypes of EHDV that 
have been identified in the world that are not known to be present in 
the United States. Each of these could possibly become established, and 
would be as difficult to eliminate as the types already present in the 
United States. Bovine ephemeral fever, RVF and WB are viruses that 
could also find ready vectors in the United States because they are 
transmitted by Culicoides or mosquitoes. The incubation periods for 
these viruses is much longer than for Akabane and Aino. In each case, 
the virus either produces prolonged viremias even after the appearance 
of antibody, or there is insufficient history about the duration of the 
viremia. Any animal with specific antibody with any of these agents 
from affected regions would be avoided, because they present a 
moderate, high or unknown risk of introducing virus into the United 
States. Serologically positive animals with stable titers may be 
introduced safely if they are negative to virus isolation tests.
    To be imported from regions classified as Risk Class R1 or R2 for 
BT, EHD, BEF, RVF, and WB, ruminants would be required to be 
accompanied by certification that they have resided for at least 60 
days prior to export only on premises located in regions classified as 
Risk Class RN, R1, or R2, and also that they have had a negative result 
to an approved serological test for BT, EHD, BEF, RVF, and/or WB virus. 
If any of the ruminants in the group test positive, then the remaining 
ruminants could be imported only if they qualify as being from a Risk 
Class R3, R4, or RU region.
    To be imported from regions classified as Risk Class R3, R4, or RU 
for BT, EHD, BEF, RVF, and WB, ruminants that are offered for export 
during a season of the year when insect vectors are active, or less 
than 60 days after the first killing frost in the fall of the year, 
would be required to be accompanied by certification that they were 
quarantined and isolated from all animals not part of the shipment for 
at least 60 days prior to embarkation in a vector-proof facility 
approved by the Administrator. If the ruminants are offered for export 
during a season of the year when insect vectors are not active, the 
certification must state that the ruminants have remained on premises 
in areas where the first killing frost in the fall occurred at least 60 
days prior to the date of embarkation.
    In either case, the certification would also need to state that the 
ruminants have had negative results to an approved serological test 30 
to 60 days prior to the embarkation. If any of the ruminants tested 
positive to this test, for the remaining ruminants to be imported, the 
positive animals would need to be removed from the shipment, and the 
remaining ruminants would have to test negative to an approved 
serological test. If any of the ruminants has a positive test result to 
this second test, and it is a season of the year in the exported region 
when insect vectors are active, then the remaining animals may not be 
imported during the insect vector season. If it is a season of the year 
when insect vectors are not active, then the ruminants testing positive 
may be removed and the remaining animals may be imported if they all 
test negative to a retest at least 30 days following the previous test.
    The imported ruminants would need to be quarantined for at least 15 
days at a post-importation quarantine facility designated and approved 
by the Administrator if imported during a season of the year in the 
United States when insect vectors are not active, and must be 
quarantined for 60 days if imported during a season of the year when 
insect vectors are active in the United States. During this quarantine 
period, the ruminants would need to test negative to an approved 
serological test for BT, EHD, BEF, RVF, and or WB virus.

Nairobi Sheep Disease

    In this proposal, Sec. 93.415(n) sets forth requirements for the 
importation of ruminants from regions classified as Risk Class R1 
through RU for Nairobi sheep disease (NSD, also known as Dugbe or 
Ganjam) virus. This is a tick-borne virus disease that has a relatively 
long incubation period and convalescent carrier status. Animals without 
antibody titers from affected regions would be difficult to find in the 
population, because the infection rate in affected regions is often 
quite high.

[[Page 17006]]

Serologically positive animals with stabilized titers may be safely 
imported if they are negative upon virus isolation.
    Any ruminant vaccinated for NSD virus would be prohibited 
importation into the United States. Ruminants intended for importation 
from regions classified as Risk Class R1 or R2 for NSD would be 
required to be accompanied by certification that the ruminants have 
resided for at least 60 days in RN, R1, or R2 regions, and that the 
ruminants have tested negative to an approved serological test for NSD 
virus within 30 days prior to export to the United States. If any of 
the ruminants test positive, then the remainder of the animals would 
have to meet the requirements for ruminants from Risk Class R3, R4, or 
RU regions.
    Ruminants intended for importation from regions classified as Risk 
Class R3, R4, or RU for NSD would have to be accompanied by 
certification that the ruminants were quarantined, for at least 60 days 
prior to export, in a vector-proof facility approved by the 
Administrator and by the national veterinary services of the country of 
origin, and that, during this quarantine period, the ruminants tested 
negative twice, within 60 days prior to export and at least 30 days 
apart, using an approved serological test for NSD virus. If any 
ruminants in the shipment tested positive to the first serological 
test, then all ruminants (positive and negative) would need to be 
retested at least 30 days following the previous test, with negative, 
decreasing, or stabilized test results. Only those animals that were 
negative to both tests, or that were negative on virus isolation 
procedures could be imported into the United States.
    Additionally, the ruminants from the R3, R4, and RU regions would 
need to be quarantined for at least 15 days at a post-importation 
quarantine facility approved by the Administrator, and would need to 
test negative to an approved serological test during that quarantine.

Cowdria ruminantium, Tick-Borne Encephalitis, and Louping Ill

    In this proposal, Sec. 93.416(o) sets forth importation 
requirements for ruminants intended for importation from regions 
classified as Risk Class R1 through RU for heartwater due to Cowdria 
ruminantium, tick-borne encephalitis, and Louping Ill, which is a form 
of tick-borne encephalitis. These diseases are tick-borne infections 
that have long carrier periods and that may be able to be transmitted 
by ticks already present in the United States.
    Any ruminant that has been vaccinated for Cowdria ruminantium, 
tick-borne encephalitis, or Louping Ill is prohibited importation into 
the United States. Ruminants intended for importation from regions 
classified as Risk Class R1 or R2 for Cowdria ruminantium, tick-borne 
encephalitis, or Louping Ill would be required to be accompanied by 
certification that the ruminants have resided on premises located in 
RN, R1, or R2 regions for at least 60 days immediately prior to export 
and have had a negative result to an approved serological test for 
Cowdria ruminantium, tick-borne encephalitis, and/or Louping Ill within 
30 days prior to export.
    Ruminants intended for importation from regions classified as Risk 
Class R3, R4, or RU for Cowdria ruminantium, tick-borne encephalitis, 
or Louping Ill would be required to be accompanied by certification 
that the ruminants were quarantined for at least 60 days immediately 
prior to export in a vector-proof facility approved by the 
Administrator and the National Veterinary Services in the country of 
export, and that during the quarantine period the ruminants were tested 
negative twice, within 60 days prior to export and at least 30 days 
apart, using an approved serological test for Cowdria ruminantium, 
tick-borne encephalitis, and/or Louping Ill. Additionally, the 
ruminants must be quarantined for at least 30 days at a post-
importation quarantine facility designated and approved by the 
Administrator, during which time the ruminants must be tested negative 
at least once using an approved serological test.

Theileria

    In this proposal, Sec. 93.415(p) sets forth requirements for the 
importation of ruminants from regions classified as Risk Class R1 
through RU for Theileria spp. Of particular concern for cattle are T. 
parva, the cause of east coast fever; T. lawrencei, the cause of 
Corridor disease; and T. annulata, the cause of Mediterranean fever; 
and, for sheep and goats, T. hirci, the cause of malignant bovine or 
caprine theileriosis. Theileria are transmitted by ticks, and are 
rather host specific both for the primary hosts and for the vector. The 
specific Theileria species are usually not found outside the range of 
their secondary host tick. The primary control mechanism is to keep the 
transmitting tick out of the United States, but there is also some 
concern with Theileria-infected animals, because there may be native 
ticks in the United States that could transmit one or more of these 
agents. T. mutans is a species that is found throughout the world, and 
although apparently not associated with any disease, does find a number 
of vectors. Once an animal becomes infected with these agents it 
probably remains infected for life.
    Any ruminant that has been vaccinated for Theileria is prohibited 
importation into the United States. Ruminants intended for importation 
from regions classified as Risk Class R1 or R2 for Theileria would be 
required to be accompanied by certification that the ruminants, for at 
least 1 year immediately prior to export, have resided only on premises 
located in RN, R1, or R2 regions, and have had a negative result to an 
approved serological test for Theileria within 30 days prior to export.
    Ruminants intended for importation from regions classified as Risk 
Class R3, R4, or RU for Theileria would be required to be quarantined 
for at least 60 days prior to export in a vector-proof facility 
approved by the Administrator and the National Veterinary Services of 
the country of export, and that, during this quarantine period, the 
ruminants tested negative twice, at least 30 days apart, to an approved 
serological test for Theileria. Additionally, the ruminants would need 
to be quarantined for at least 30 days at a post-importation quarantine 
facility designated and approved by the Administrator, and, during this 
period, would need to test negative at least once using an approved 
serological test for Theileria.

Besnoitia Besnoiti, Vesicular Stomatitis, Lumpy Skin Disease, and 
Parafilaria Bovicola

    In this proposal, Sec. 93.415(r) sets forth requirements for the 
importation of ruminants from regions classified as Risk Class R1 
through RU for globidiosis due to Besnoitia besnoiti, lumpy skin 
disease (LSD) virus, and parafilariosis caused by Parafilaria bovicola 
in ruminants.
    Any animal that has been vaccinated for Besnoitia besnoiti, LSD, or 
Parafilaria bovicola is prohibited importation into the United States. 
Ruminants offered for importation from regions classified as R1 or R2 
for Besnoitia besnoiti, LSD, or Parafilaria bovicola, would be required 
to be accompanied by certification that, for at least 60 days prior to 
export, the animals have resided only on premises located in Risk Class 
RN, R1, or R2 regions, and have had a negative result to an approved 
serological test for the disease in question within 30 days prior to 
export to the United States.
    Ruminants offered for importation from regions classified as R3, 
R4, or RU for Besnoitia besnoiti, LSD, or Parafilaria bovicola, must be

[[Page 17007]]

accompanied by certification that the animals were quarantined and 
isolated, for at least 60 days prior to export, from all animals not 
part of the shipment, in a vector-proof facility approved by the 
Administrator. During this quarantine, the animals would need to be 
tested negative twice, at least 30 days apart, using an approved 
serological test for Besnoitia besnoiti, LSD, and/or Parafilaria 
bovicola. Additionally, the animals would need to be quarantined for at 
least 15 days at a post-importation quarantine facility designated and 
approved by the Administrator, and, during this quarantine, would need 
to be tested negative at least once using approved serological tests.

Trypanasomes Transmitted by Tsetse Flies

    In this proposal, Secs. 93.415(q) and 93.515(i) specify importation 
requirements for ruminants and swine, respectively, from regions 
classified as Risk Class R1 through RU for tsetse fly transmitted 
Trypanosoma spp. including T. brucei, T. congolense, T. evansi, T. 
simiae, T. suis, T. uniforme, and T. vivax. The tsetse fly does not 
occur outside of Africa, but some of the trypanosomes that are found to 
be transmitted by the tsetse fly have been able to be transmitted by 
Tabanids and other biting flies, which allows them to become 
established outside the areas of tsetse fly presence. Trypanosoma vivax 
has become established throughout South and Central America, where it 
is transmitted by species other than the tsetse fly, and T. evansi is 
primarily transmitted by biting flies other than the tsetse fly. It is 
possible that some native North American biting flies could become 
adapted to transmit one or more of the Trypanosomes, so care must be 
taken to assure that animals infected with the parasites are not 
imported. Once an animal is infected, it probably remains infected for 
life.
    Any ruminant or swine that has been vaccinated for trypanosomes may 
not be imported into the United States. Ruminants and swine to be 
imported from regions classified as R1 or R2 for African trypanosomes 
and tsetse flies would be required to be accompanied by certification 
that the ruminants have resided only on premises located in Risk Class 
RN, R1, or R2 regions for trypanosomes and tsetse flies for their 
entire life, and have had a negative result to an approved serological 
test for African trypanosomes within 30 days prior to export to the 
United States.
    Ruminants and swine to be imported from regions classified as Risk 
Class R3, R4, and RU for African trypanosomes and tsetse flies would be 
required to be accompanied by certification that the animals originated 
from premises that have not had trypanosomiasis diagnosed during the 
previous 24 months, that they were quarantined and isolated for at 
least 60 days prior to export in a vector-proof facility approved by 
the Administrator, and that during the pre-embarkation quarantine 
period, they had negative results to an approved serological test for 
trypanosomes. Additionally, the ruminants and swine would need to be 
quarantined for at least 30 days at a post-importation quarantine 
facility designated and approved by the Administrator, and, during this 
quarantine period, would need to be tested negative at least once for 
trypanosomes using an approved serological test.

Trypanosomes Transmitted Other Than by Tsetse Flies

    In this proposal, Sec. 93.415(s) sets forth importation 
requirements for ruminants from regions classified as Risk Class R1 
through RU for Trypanosoma spp. that affect ruminants and that are 
transmitted by species other than tsetse flies (Glossina spp.) (NTT-
Trypanosomas), tick-borne fever due to Erlichia (Cytoecetes) 
phagocytophilia, or bovine petechial fever due to Erlichia (Cytoecetes) 
ondiri. The NTT-Trypanosomas include T. brucei, T. evansi, and T. 
vivax, which may also be transmitted by biting flies other than tsetse. 
Trypanosoma evansi causes a disease called surra that affects primarily 
equines, camels, goats, and carnivores, but cattle may be asymptomatic 
carriers of the parasite.
    Any ruminant that has been vaccinated for NTT-Trypanosomes, TBF, or 
BPF is prohibited importation into the United States. Ruminants offered 
for importation from regions classified as Risk Class R1 or R2 for NTT-
Trypanosomes, TBF, and/or BPF would be required to be accompanied by 
certification that the ruminants have resided for their entire life 
only on premises located in regions classified as Risk Class RN, R1, or 
R2, and have had a negative result to an approved serological test for 
NTT-Trypanosomas, TBF, and/or BPF within 30 days prior to export.
    Ruminants offered for importation from regions classified as Risk 
Class R3, R4, or RU for NTT-Trypanosomas, TBF, or BPF would be required 
to be accompanied by certification that the ruminants were quarantined 
for at least 60 days prior to export, in a vector-proof facility 
approved by the Administrator and the National Veterinary Services of 
the country of origin, and that, during the quarantine, the ruminants 
tested negative twice, at least 30 days apart, to an approved 
serological test for NTT-Trypanosomes, TBF, and/or BPF.
    If the ruminants are imported during a season of the year when 
vectors are not active in the United States, they would be required to 
be quarantined for at least 15 days at a post-importation quarantine 
facility designated and approved by the Administrator. The post-
importation quarantine period would need to be at least 60 days if the 
ruminants are imported during a season of the year when vectors are 
active in the United States. In either case, during the post-
importation quarantine period, the ruminants would need to test 
negative to an approved serological test for NTT-Trypanosomes, TBF, 
and/or BPF.

Vesicular Stomatitis Virus

    In this proposal Secs. 93.415(t) and 93.515(j) set forth 
importation requirements for ruminants and swine, respectively, from 
regions classified as Risk Class R1 through RU for vesicular stomatitis 
virus (VSV).
    Ruminants and swine intended for importation from regions that are 
classified as Risk Class R1 for VSV would be required to be accompanied 
by certification that the ruminants and swine have resided for at least 
60 days prior to export only on premises located in Risk Class RN or R1 
regions for VSV, and have not been vaccinated for VSV.
    Ruminants and swine intended for importation from regions that are 
classified as Risk Class R2 for VSV would be required to be accompanied 
by certification that the ruminants and swine have resided for a 
minimum period of time (60 days for ruminants; 30 days for swine) prior 
to export only on premises located in Risk Class RN, R1 or R2 regions 
for VSV, that the animals have not been vaccinated with any live 
attenuated vaccines for VSV, and that the animals have not been 
vaccinated with inactivated vaccines for VSV within 60 days prior to 
export.
    Ruminants and swine intended for importation from regions that are 
classified as Risk Class R3, R4, or RU for VSV would be required to be 
accompanied by certification that the ruminants and swine have not been 
vaccinated with any live attenuated vaccines for VSV, have not been 
vaccinated with inactivated vaccines for VSV within 60 days prior to 
export, and have not been located on any premise where VSV has occurred 
within 60 days prior to export. Additionally, if the animals are 
exported during a season of the year when insect vectors were active, 
the certification must state that the animals were quarantined and

[[Page 17008]]

isolated from all other animals not part of the shipment for at least 
30 days prior to export in a vector-proof facility approved by the 
Administrator, and, during the pre-embarkation quarantine period, had 
negative results to an approved serological test for VSV within 14 days 
prior to export. If the ruminants and swine are imported during a 
season of the year when insect vectors are active within the United 
States, the animals must be quarantined for at least 15 days at a post-
importation quarantine facility designated and approved by the 
Administrator, and, during the post-importation quarantine period, the 
animals must have negative results to an approved serological test for 
VSV.

Japanese Encephalitis and Getah

    In this proposal, Sec. 93.515(f) sets forth importation 
requirements for swine from regions classified as Risk Class R1 through 
RU for Japanese encephalitis virus (JEV) and Getah virus in swine.
    Japanese encephalitis virus (JEV) is a flavivirus transmitted by 
various species primarily of the genus Culex found throughout eastern 
Asia. The disease primarily affects horses and humans, but swine and 
birds are the primary reservoir and amplifying host for the virus. The 
disease is primarily inapparent in swine, except in pregnant sows, in 
which stillborn and weak pigs may be born. The disease can also cause 
infertility in breeding boars.
    The viremia in swine may persist throughout the vector season and 
provide a constant source of virus for mosquitoes. Although the 
introduction of this virus into North America is a constant threat, it 
is not known whether the virus could be established if introduced. 
Infected swine would be the most likely means of introducing the 
infection, as infected horses and humans usually have a very short, 
low-level, viremia that cannot infect mosquitoes.
    Getah virus is an alphavirus with roughly the same distribution and 
vectors as JEV. It causes similar problems in swine as does JEV virus. 
Swine and horses are the primary amplifying hosts for this virus, and 
affected horses may develop a febrile illness characterized by skin 
lesions and edema. Pregnant sows may have reproductive failure due to 
Getah virus infection.
    Swine intended for importation from regions classified as Risk 
Class R1 for JEV or Getah Virus would be required to be accompanied by 
certification that the swine have resided for at least 60 days 
immediately prior to export only on premises located in regions 
classified as Risk Class RN or R1 for JEV or Getah Virus, and have had 
a negative result to an approved serological test for JEV and/or Getah 
within 30 days prior to export.
    Swine intended for importation from regions classified as Risk 
Class R2 for JEV or Getah Virus would be required to be accompanied by 
certification that the swine have resided for at least 60 days only on 
premises located in Risk Class RN, R1, or R2 regions. The certification 
would also need to state that the swine have undergone a 30-day pre-
embarkation quarantine, which, if conducted during a time of year when 
insect vectors are active, would need to be in a vector-proof facility 
approved by the Administrator. Additionally, the certification would 
need to state that the swine have tested negative to an approved 
serological test for JEV and/or Getah within 30 days prior to export. 
The swine would also need to undergo a post-importation quarantine of 
at least 15 days at a facility designated and approved by the 
Administrator.
    Swine intended for importation from regions classified as Risk 
Class R3, R4, or RU for JEV or Getah Virus would be required to be 
accompanied by certification that they have undergone pre-embarkation 
quarantine for at least 60 days immediately prior to export. If the 
quarantine is conducted during a time of the year when insect vectors 
are active, it would have to be carried out in a vector-proof facility 
approved by the Administrator.
    While in pre-embarkation quarantine, the swine would also need to 
test negative twice, within 60 days prior to export and at least 30 
days apart, to an approved serological test for Japanese encephalitis 
and/or Getah.
    If the swine are imported during a time of the year when vectors 
are active in the United States, the swine would need to be quarantined 
for at least 60 days at a post-importation quarantine facility 
designated and approved by the Administrator. Otherwise, the post-
importation quarantine would need to be at least 15 days. In either 
case, during the post-importation quarantine, the swine would need to 
test negative to JEV and/or Getah virus, using approved serological 
tests.

Definitions

    In Secs. 93.400 (ruminants) and 93.500 (swine) of this proposed 
rule, we have added definitions to those already included in current 
Secs. 92.400 and 92.500. The definitions that would be added in both 
Secs. 93.400 and 93.500 are: Adjacent regions, affected animals, 
affected premises or regions, approved brucellosis test, approved tests 
for restricted diseases or agents, authorized veterinarian, case, 
contagious disease, driven, ectoparasites, equivalent test, exposed, 
identification, import (imported, importation) into the United States, 
livestock, official seal, operator, permitted treatment, post-
importation quarantine, pre-embarkation quarantine, quarantine, region, 
restricted agents, risk class regions, susceptible animals, trail, 
transported, vector-borne disease, and Veterinarian in Charge. 
Additionally, in proposed Sec. 93.400 we would add a definition of 
approved bovine tuberculosis test, and in proposed Sec. 93.500 we would 
add a definition of approved pseudorabies test.

Part 94

    The regulations in current 9 CFR part 94 govern the importation 
into the United States of specified animals and animal products, in 
order to prevent the introduction into the United States of various 
animal diseases, including rinderpest, foot-and-mouth disease, bovine 
spongiform encephalopathy, African swine fever, hog cholera, and swine 
vesicular disease. These are dangerous and destructive communicable 
diseases of ruminants and swine. Part 94 also restricts the movement of 
certain garbage, and the importation of carcasses, products, and eggs 
of poultry, game birds, and other birds.
    Under the regulations in current part 94, countries are identified 
in which rinderpest, foot-and-mouth disease, African swine fever, hog 
cholera, swine vesicular disease, and/or bovine spongiform 
encephalopathy are considered to exist. Also under part 94, swine and/
or ruminants from these countries are prohibited or restricted 
importation into the United States. Certain of the conditions governing 
restricted importation are set forth in current part 94. The remainder 
of the conditions are set forth in current part 92, in either subpart D 
(ruminants) or subpart E (swine).
    In this proposed rule, we are proposing to remove from part 94 all 
provisions regarding the existence of diseases affecting ruminants or 
swine in specific countries, and all provisions regarding the 
importation of live animals.
    The provisions in current part 94 that list countries in which 
specific diseases affecting ruminants and swine are considered to exist 
would not be necessary, because they would be replaced by the criteria 
for risk class levels we are proposing to set forth in revised part 92, 
discussed above. (However, until there is future rulemaking on the 
provisions in current

[[Page 17009]]

Sec. 94.6 regarding the importation of eggs, carcasses, and other 
products from poultry or birds, those provisions would remain the same 
and continue to be based on specified countries where exotic Newcastle 
disease or S. enteritidis is considered to exist.)
    All requirements for the importation of live animals would be 
incorporated into the importation requirements in proposed part 93, 
discussed above. So that, as revised, part 94 would include only 
restrictions and requirements for the importation of meat and other 
animal products, and for the movement of regulated garbage into the 
United States.
    Section 94.1(a) of the current regulations sets forth a list of 
countries considered to be free of both rinderpest and foot-and-mouth 
disease. All countries not on this list are considered to be those in 
which rinderpest or foot-and-mouth disease exists. A similar list for 
countries considered free of hog cholera is set forth in Sec. 94.9. 
Section 94.8 of the current regulations sets forth a list of countries 
in which African swine fever is considered to exist, and Secs. 94.12(a) 
and 94.18(a) set forth such lists for swine vesicular disease and 
bovine spongiform encephalopathy, respectively. As noted above, these 
lists would not be necessary under the regionalized approach to risk 
class levels set forth in this proposed rule. Therefore, we are 
proposing to remove them from the regulations. Additionally, current 
Sec. 94.1a, which sets forth criteria for determining the separate 
status of a territory or possession as to rinderpest and foot-and-mouth 
disease, would be removed.
    In the current regulations, each of the paragraphs listing those 
countries in which specified disease exists, except for those in 
Sec. 94.1 for rinderpest and foot-and-mouth disease, are followed by 
provisions for the restricted importation of meat and meat products 
from those countries. Similar provisions for meat from rinderpest and 
foot-and-mouth disease-affected countries are set forth in current 
Sec. 94.4.
    Additionally, current Sec. 94.11 includes requirements for the 
importation of meat and other animal products from countries that are 
free of rinderpest and foot-and-mouth disease, but that present some 
disease risk due to their importation policies or their proximity to a 
country in which the diseases exist. Similar provisions regarding swine 
vesicular disease are set forth in current Sec. 94.13.
    In all of the sections described in the above two paragraphs, the 
requirements for the importation of meat and meat products from 
countries affected with the disease in question require, among other 
requirements, cooking or curing of the meat or meat products. In this 
proposed rule, except as discussed in this ``Supplementary 
Information'' under the heading ``Proposed Sec. 94.5,'' we are 
proposing essentially to retain the cooking and curing requirements in 
the current regulations for meat and meat products intended for 
importation from countries where rinderpest, foot-and-mouth disease, 
bovine spongiform encephalopathy, African swine fever, hog cholera, or 
swine vesicular disease exists. The requirements for all cooked or 
cured meat products, other than those that are dry-cured, would be set 
forth in new Sec. 94.5. The requirements for dry-cured products that 
are set forth in Sec. 94.17 of the current regulations are set forth in 
Sec. 94.11 of this proposal.
    The current regulations in part 94, in most cases, do not set forth 
requirements for the importation of fresh, chilled, or frozen meat from 
foreign countries. This is because, under the current regulations, in 
most cases, either a country is considered to be one in which a 
particular disease exists, or it is considered free of the disease. If 
the disease exists in the country, meat from that country must be 
cooked or cured before importation. If the country is considered free 
of the diseases, meat and meat products may be imported from that 
country with relatively few restrictions. The only exceptions to this 
``free/not free'' approach in part 94 are the provisions in Secs. 94.11 
and 94.13, which list countries in which rinderpest/foot-and-mouth 
disease or swine vesicular disease, respectively, are not considered to 
exist, but that are considered to present some risk of disease 
introduction due to their importation policies or proximity to 
countries in which the disease exists. Meat to be imported from 
countries listed in Secs. 94.11 or 94.13 must either be cooked (in the 
case of swine vesicular disease) or must be accompanied to the United 
States with certification that the facility where the animals were 
slaughtered follows preparation and processing practices to ensure it 
does not handle contaminated meat, and also that the animals to be 
slaughtered have never been in a country affected with the disease in 
question.
    Under the risk class levels that would be established by this 
proposal, the number of disease-risk categories a country could fall 
into would be expanded from ``free,'' ``not free,'' or ``free with some 
risk,'' to any one of six different risk classes.
    Regions classified as RN for a particular disease would, under the 
current regulations, be considered to be a country free of a particular 
disease, and meat and meat products could be imported from those 
countries with little restriction.
    Under this proposal, regions classified as Risk Class R1 would be 
similar to those countries listed in current Secs. 94.11 and 94.13, 
that are considered to be free of a disease, but that present some 
increased risk due to importation practices or proximity to countries 
affected with a disease. Meat and meat products from Risk Class R1 
countries could be imported only if certain specified requirements, 
discussed below are met.
    Proposed Risk Class R2 would be a risk class that essentially 
straddles our current designations of ``free'' and ``not-free.'' As 
defined in this proposal, a Risk Class R2 region would be one in which 
a particular disease is not known to exist, but in which vaccination of 
animals for the disease is carried out or the disease has recently been 
known to exist. Under our current policy, such a country would not be 
considered free of a disease, for reasons discussed above in this 
Supplementary Information, under the heading ``Risk Class R3 Regions.'' 
Under this proposal, however, an R2 region would be one that does not 
present as much risk as a region in which the disease exists (R3, R4, 
RU), but that presents a greater risk than a region in which 
vaccination is not carried out (RN, R1).
    Regions in the proposed Risk Class R3, R4, and RU levels would, 
under the current regulations, be considered countries in which a 
particular disease is considered to exist. Under this proposal, meat 
and meat products from these regions, with the exceptions discussed 
below, would be prohibited importation, just as they are under the 
current regulations. The requirements for importation of meat and meat 
products from the different risk class levels are discussed below.

Prohibitions

    The importation of fresh, chilled or frozen meat from swine in 
regions classified as Risk Class R3, R4, or RU for hog cholera, African 
swine fever, or swine vesicular disease would be prohibited (proposed 
Sec. 94.1(b)). The destruction of virus in fresh meat by methods 
generally employed to process fresh meat are not sufficient to remove 
hog cholera, African swine fever, or swine vesicular disease from swine 
meat, or bovine spongiform encephalopathy from bovine meat.
    This proposal would, in Sec. 94.1(a), prohibit the importation of 
fresh, chilled, or frozen meat of ruminants or swine from regions 
classified as Risk

[[Page 17010]]

Class R4 or RU for rinderpest or foot-and-mouth disease, and, in 
Sec. 94.1(c), would prohibit the importation of fresh, chilled, or 
frozen meat of ruminants from Risk Class R4 or RU levels for bovine 
spongiform encephalopathy.
    We believe that fresh, chilled, or frozen meat can be imported from 
regions classified as R3 for rinderpest or foot-and-mouth disease, 
because an R3 region is by definition regarded as a region of low 
disease prevalence. The GATT sanitary and phytosanitary provisions 
allow imports from low prevalence regions for FMD and rinderpest, and 
the virus in FMD and rinderpest carrier animals is largely eliminated 
by deboning and standard curing of the meat, by which the meat is hung 
for 36 hours to increase its tenderness. Quantitative risk assessments 
done for meat estimate that meat from fewer than 7 per billion FMD-
infected animals would still be infective after the standard curing and 
deboning process.

Importation Requirements for Fresh, Chilled, or Frozen Meat of 
Ruminants and Swine

    Under Sec. 94.1(d) of this proposed rule, fresh, chilled, or frozen 
meat from ruminants and swine raised and slaughtered in regions 
classified as Risk Class RN or R1 for foot-and-mouth disease, 
rinderpest, bovine spongiform encephalopathy, African swine fever, hog 
cholera, and/or swine vesicular disease could be imported into the 
United States provided the authorized official of the exporting country 
certifies on the required foreign meat inspection certificate that the 
shipment originated in regions that are classified as Risk Class RN or 
R1 for the disease in question, and that the meat has not been in 
contact with meat from regions that are classified as Risk Class R2, 
R3, R4, or RU regions for the disease in question.
    Under proposed Sec. 94.1(e), fresh, chilled, or frozen meat from 
ruminants or swine raised and slaughtered in regions that are 
classified as Risk Class R2 for foot-and-mouth disease or rinderpest 
could be imported into the United States provided that the authorized 
official of the exporting country certifies the following: (1) The 
shipment originated in a region classified as Risk Class RN, R1, or R2 
for foot-and-mouth disease or rinderpest in ruminants or swine; (2) the 
meat has not been in contact with meat from Risk Class R3, R4 or RU 
regions; (3) the meat originated from premises where foot-and-mouth 
disease or rinderpest has not been present during the lifetime of any 
ruminants or swine slaughtered for export; (4) the meat originated from 
premises located in regions where foot-and-mouth disease or rinderpest 
has not been diagnosed within the previous 12 months; (5) the meat 
originated from premises on which ruminants and swine have not been 
vaccinated with modified or attenuated live viruses for foot-and-mouth 
disease at any time during the lifetime of any of the ruminants or 
swine slaughtered for export; (6) the meat originated from ruminants or 
swine that have not been vaccinated for rinderpest, African swine 
fever, hog cholera or swine vesicular disease at any time during the 
lifetime of any of the ruminants or swine slaughtered for export; (7) 
all bone, blood clots, and lymphoid tissue have been removed from the 
meat; and (8) the meat comes from carcasses that have been allowed to 
maturate at 40 deg. to 50 deg.F (4 deg. to 10 deg.C) for a minimum of 
36 hours after slaughter and have reached a maximum pH of 6.0 in the 
loin muscle at the end of the maturation period. As proposed, any 
carcass in which the pH does not reach a maximum of 6.0 may be allowed 
to maturate an additional 24 hours and be retested, and, if the carcass 
still does not reach a maximum pH of 6.0 after 60 hours, the meat from 
the carcass may not be imported into the United States.
    The rationale for proposed requirements ``(5)'' through ``(8),'' 
above, is as follows: Vaccination with modified or attenuated live 
viruses for foot-and-mouth disease could create the risk of the live 
virus being present in meat imported into the United States. Because 
any vaccine that currently exists for rinderpest, African swine fever, 
hog cholera, or swine vesicular disease contains a live virus, all 
vaccination for those diseases would be prohibited. The proposed 
requirement that certain parts of the animal product be removed is 
necessary because those locations on the carcass can be reservoirs of 
the disease agent. The requirement that a maximum pH of 6.0 be reached 
would be necessary to ensure any foot-and-mouth disease agent has been 
destroyed.
    Under Sec. 94.1(f) of this proposal, fresh, chilled, or frozen meat 
from swine raised and slaughtered in regions that are classified as 
Risk Class R2 for African swine fever, hog cholera, and/or swine 
vesicular disease could be imported into the United States provided 
that the authorized official of the exporting country certifies the 
following: (1) The shipment originated from regions that are classified 
as Risk Class RN, R1, or R2 for African swine fever, hog cholera, and/
or swine vesicular disease in swine; (2) the meat has not been in 
contact with meat from regions that are classified as Risk Class R3, R4 
or RU for African swine fever, hog cholera, and/or swine vesicular 
disease; (3) the meat originated from premises where African swine 
fever, hog cholera, and/or swine vesicular disease has not been present 
during the lifetime of swine slaughtered for export; (4) the meat 
originated from premises located in regions where African swine fever, 
hog cholera, and/or swine vesicular disease has not been diagnosed 
within the previous 12 months; (5) the meat originated from premises on 
which ruminants and swine have not been vaccinated with modified or 
attenuated live viruses for foot-and-mouth disease at any time during 
the lifetime of any of the swine slaughtered for export; (6) the meat 
originated from swine that have not been vaccinated for rinderpest, 
African swine fever, hog cholera or swine vesicular disease at any time 
during the lifetime of any of the swine slaughtered for export; and (7) 
all bone, blood clots, and lymphoid tissue have been removed from the 
meat.
    Our primary concern regarding meat from regions classified as Risk 
Class R2 for African swine fever, hog cholera, and/or SVD would be 
possible residual virus infection on previously infected premises in 
the region, and also some risk of recent introductions from adjacent 
affected areas. The certification of the premises of origin as being 
free of the disease would be the principal method of risk mitigation in 
these regions. We believe this would create little hardship in these 
areas, because fewer than 0.1% of the farms would be expected to have a 
recent history of one of these diseases. Because the only proven method 
of eliminating the diseases is complete herd depopulation of the 
affected premises and restocking with fresh swine after a suitable 
fallow period, such a restocked herd would qualify for export, since 
none of the restocked swine would have been present when the restricted 
disease agent was present.
    Under Sec. 94.1(g) of this proposal, fresh, chilled, or frozen meat 
from ruminants or swine raised and slaughtered in regions that are 
classified as Risk Class R3 for foot-and-mouth disease and/or 
rinderpest could be imported into the United States, provided the 
authorized official of the exporting country certifies the following: 
(1) The shipment originated from a region that is classified as Risk 
Class RN, R1, R2 or R3 for foot-and-mouth disease and/or rinderpest; 
(2) the meat has not been in contact with meat from regions that are 
classified as Risk Class R4 or RU for

[[Page 17011]]

foot-and-mouth disease and/or rinderpest; (3) the meat originated from 
premises where foot-and-mouth disease and rinderpest have not been 
present during the lifetime of any ruminants or swine slaughtered for 
export; (4) the meat originated from premises where foot-and-mouth 
disease and/or rinderpest has not been diagnosed within 15 statute 
miles (25 kilometers) within the previous 12 months; (5) the meat 
originated from premises on which ruminants and swine have not been 
vaccinated with modified or attenuated live viruses for foot-and-mouth 
disease at any time during the lifetime of any of the ruminants or 
swine slaughtered for export; (6) the meat originated from ruminants or 
swine that have not been vaccinated for rinderpest, African swine 
fever, hog cholera or swine vesicular disease at any time during the 
lifetime of any of the ruminants or swine slaughtered for export; (7) 
the meat has all bone, blood clots, and lymphoid tissue removed; (8) 
the meat comes from carcasses that have been allowed to maturate at 
40 deg. to 50 deg.F (4 deg. to 10 deg.C) for a minimum of 36 hours 
after slaughter and that have reached a maximum pH of 6.0 in the loin 
muscle at the end of the maturation period (any carcasses in which the 
pH did not reach a maximum of 6.0 may be allowed to maturate an 
additional 24 hours and be retested, and if the carcass still does not 
reach a maximum pH of 6.0 after 60 hours, the meat from the carcass may 
not be exported to the United States); and (9) the meat was held at no 
more than 40 deg.F (4 deg.C) for a minimum of 14 days before export, 
during which time the premises of origin of all animals in the shipment 
remained free of foot-and-mouth disease, rinderpest, African swine 
fever, hog cholera, and swine vesicular disease. This 14-day period 
would be sufficient to ensure that the incubation period for the 
disease agent in question has elapsed.
    Under Sec. 94.1(h) of this proposal, fresh, chilled, or frozen meat 
from cattle from regions that are classified as Risk Class R2 or R3 for 
bovine spongiform encephalopathy could be imported into the United 
States provided the authorized official of the exporting country 
certifies the following: (1) The shipment originated from a region that 
is classified as Risk Class RN, R1, R2, or R3 for bovine spongiform 
encephalopathy; (2) the meat has not been in contact with meat from 
regions that are classified as Risk Class R4 or RU for bovine 
spongiform encephalopathy; (3) the meat originated from premises where, 
for at least 10 years, bovine spongiform encephalopathy has not been 
known to be present; (4) the meat originated from premises where 
protein of ruminant origin has not been fed to ruminants during the 
lifetime of any animals currently living on the premises; (5) the meat 
is from cattle that have not been in any region classified as Risk 
Class R3, R4 or RU for bovine spongiform encephalopathy during any 
period when the region permitted the use of ruminant protein in 
ruminant feed; and (6) the cattle were examined prior to slaughter by a 
veterinarian employed by the national government of the country in 
which the ruminants were slaughtered, and were found not to display any 
signs indicative of a neurological disorder. We believe requirements 
``(4)'' and ``(5),'' above, regarding ruminant feed, are necessary 
because the bovine spongiform encephalopathy agent can exist in, and be 
transmitted by, feed processed from ruminants infected with the 
disease. Because the symptoms of bovine spongiform encephalopathy 
include neurological disorder, cattle exhibiting such a disorder must 
be presumed to be affected with the disease.
    Under Sec. 94.1(i) of this proposal, fresh, chilled or frozen meat 
derived from animals in the family Cervidae from regions that are 
classified as Risk Class R2, R3, or R4 for bovine spongiform 
encephalopathy could be imported into the United States, provided the 
authorized official of the exporting country certifies the following: 
(1) The meat was derived either from wild cervidae, or from farm-raised 
cervidae that have never been fed ruminant protein; (2) all bones and 
visually identifiable lymphatic tissue and nerve tissue have been 
removed from the meat; (3) the meat is from cervidae that have not been 
in any region classified as Risk Class R3, R4, or RU for bovine 
encephalopathy during a period of time when the region permitted the 
use of ruminant protein in ruminant feed; and (4) the cervidae were 
examined prior to slaughter by a veterinarian employed by the national 
government of the country in which the ruminants were slaughtered, and 
were found not to display any signs indicative of a neurological 
disorder.
    We believe it is warranted to provide different requirements for 
the importation of cervidae from Risk Class R3 regions for BSE than for 
cattle, because, as a general practice, cervidae feed by grazing and 
are less likely than cattle to have been fed ruminant protein and to 
have been in contact with ruminants infected with the disease. Except 
in zoos, there have been no reports of BSE in cervidae.

Proposed Sec. 94.3

    Section 94.2(a) of the current regulations prohibits the 
importation of fresh, chilled, or frozen products (other than meat, and 
milk and milk products) derived from ruminants or swine originating in, 
shipped from, or transiting any country designated as one in which 
rinderpest or foot-and-mouth disease exists. An exception to this 
prohibition is made in current Sec. 94.3 for organs, glands, extracts, 
or secretions of ruminants and swine that are imported for 
pharmaceutical or biological purposes, and in current parts 95 and 96 
for other specified animal products, such as casings, glue stock, etc., 
processed under certain conditions.
    In this proposed rule, we would redesignate Sec. 94.2(a) as 
Sec. 94.3(a) and apply its prohibitions to regions classified as Risk 
Class R3, R4, or RU for rinderpest, foot-and-mouth disease. Under this 
proposal, regions classified as Risk Class R3, R4, or RU are considered 
those in which the disease in question exists.
    Current Sec. 94.2(b) prohibits the importation of milk and milk 
products from countries in which FMD or rinderpest exists. This 
paragraph would be redesignated as Sec. 94.3(b). In addition to 
prohibitions because of FMD and rinderpest, we are proposing to also 
prohibit the importation of milk and milk products of ruminants and 
swine originating in, shipped from, or transiting any region that is 
classified as Risk Class R3, R4, or RU for Brucella melitensis. Under 
this proposal, such regions are those in which the disease is 
considered to exist. We are proposing to add Brucella melitensis to 
this list because it is exotic to the United States and is a hazard to 
both animals and humans that may be exposed to fresh milk from infected 
animals. The primary concern with milk is the possible feeding of raw 
milk or milk products to young ruminants or swine.

Proposed Sec. 94.5

    As stated above, the cooking and processing requirements for meat 
imported from countries in which diseases of concern exist, that are 
set forth in current Secs. 94.4, 94.8, 94.9, 94.11, 94.12, 94.13, and 
94.18, would be consolidated in proposed Sec. 94.5. Also, as noted 
above, the references to countries in which a disease is considered to 
exist would be replaced by references to regions classified as Risk 
Class R3, R4, or RU. All of the current regulations for such cooking 
and processing would be included in this proposed rule.

[[Page 17012]]

    Current Sec. 94.5 includes provisions restricting the movement and 
handling of certain international garbage. These provisions would 
remain unchanged by this proposal, but would be redesignated as 
Sec. 94.6.
    Current Sec. 94.6 includes provisions regarding the importation of 
carcasses, or parts or products of carcasses, and eggs (other than 
hatching eggs) of poultry, game birds, or other birds from countries 
where exotic Newcastle disease or S. enteriditis is considered to 
exist. These provisions would remain unchanged by this proposal, but 
would be redesignated as 94.7.
    Current Sec. 94.7 includes provisions for the disposal of animals, 
meats, and other articles ineligible for importation under the 
regulations regarding rinderpest and foot-and-mouth disease in current 
Sec. 94.1. In this proposal, we would redesignate current Sec. 94.7 as 
Sec. 94.8 and amend it by removing all references to animals and by 
expanding the regulations so that they refer to African swine fever, 
hog cholera, swine vesicular disease, and bovine spongiform 
encephalopathy, as well as to rinderpest and foot-and-mouth disease. 
Provisions regarding the disposal of animals are set forth in 
Secs. 93.407 and 93.507 of this proposed rule, for ruminants and swine, 
respectively.
    Current Sec. 94.15(a) includes requirements for products that would 
be eligible for entry into the United States and that transit the 
United States for export. These provisions would be set forth in 
Sec. 94.9(a) of this proposed rule, but would not otherwise be changed.
    Current Sec. 94.15(b) includes provisions that allow pork and pork 
products from Chihuahua and Sonora, Mexico that are not otherwise 
eligible for entry into the United States to transit the United States 
for immediate export under specified conditions. These conditions 
include the obtaining of an APHIS permit, movement from the region of 
origin in a leakproof container with serially-numbered seals approved 
by APHIS, submission of information to APHIS concerning the route and 
seal numbers of the shipment, and exportation from the United States 
within a time limit specified on the permit. We do not believe that it 
is necessary to limit the opportunity for transiting to pork and pork 
products from Chihuahua and Sonora, and believe that the provisions 
currently in place for pork and pork products from Chihuahua and Sonora 
would be adequate to guard against disease risk from any meat or meat 
product imported through a land border port for transiting and 
immediate export. Therefore, we are proposing to extend the provisions 
accordingly, and include them in proposed Sec. 94.9(b).
    Sections 94.11 and 94.13 of the current regulations set forth 
requirements for the importation of meat and meat products from 
countries in which rinderpest, foot-and-mouth disease, and swine 
vesicular disease are not known to exist, but that pose an increased 
disease risk due to importation policies or proximity to affected 
countries. One of the requirements for such importation is that the 
meat or meat product be prepared in inspected establishments that are 
eligible to have their products imported into the United States under 
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) Current 
Sec. 94.15(c) allows meat and other animal products from countries 
listed in Secs. 94.11 or 94.13, that were not prepared in eligible 
establishments, to be imported for transit through the United States 
for immediate export. Under this proposal, countries that are listed 
under Secs. 94.11 and 94.13 would be classified as Risk Class R1 or R2 
regions. We are proposing to provide in Sec. 94.9(c) of this proposal 
that meat and other animal products from R1 or R2 regions that are not 
otherwise eligible for importation may transit the United States for 
immediate export, provided the requirements of Sec. 94.8(a) regarding 
notification and movement in a sealed leakproof container are met.
    In Sec. 94.9(d) of this proposal, we are also proposing to add 
provisions to the regulations that would allow the limited transiting 
in the United States of meat and other animal products not otherwise 
eligible for entry into the United States. This transiting would be 
limited to movement at the port of arrival. Under the current 
regulations, if a ship or aircraft that arrives in the United States is 
carrying meat or other animal products that are prohibited entry into 
the United States, the containers in which the meat or other animal 
products are contained may not be offloaded from the means of 
conveyance to another means of conveyance, even if the second means of 
conveyance is scheduled for immediate departure from the United States. 
When such offloading does occur, it is a violation of the regulations 
and the carrier is fined. This restriction has reduced the number of 
transport routes available to producers and shippers of meat and meat 
products.
    We believe that the current regulations are unnecessarily 
restrictive. As long as meat and other animal products are securely 
contained aboard the carrier while in the port or while being 
offloaded, and as long as their overland movement in the United States 
is confined to the port of arrival, we do not believe that such meat or 
other animal products pose a risk to livestock in this country. 
Therefore, we are proposing in proposed Sec. 94.9(d) to allow such 
movement. To qualify for such transiting, notification of the 
transiting would have to be made by the importer to the Plant 
Protection and Quarantine Officer at the port of arrival prior to the 
transiting. The animal products and materials would have to be 
contained in a sealed, leakproof carrier or container or other means of 
conveyance, or, if the container or carrier in which the animal product 
or material is transported were offloaded in the United States for 
reshipment, it would have to remain sealed at all times. The animal 
product or material could be held or stored for no more than 24 hours 
at the port of arrival.
    Current Sec. 94.16 includes importation requirements for specified 
milk and milk products. In this proposal, these provisions are set 
forth in Sec. 94.9. The references in current Sec. 94.16 to countries 
in which rinderpest or foot-and-mouth disease exists have been changed 
to references to regions classified as Risk Class R3, R4, or RU for 
rinderpest or foot-and-mouth disease. References to countries free of 
rinderpest and foot-and-mouth disease have been changed to references 
to regions classified as RN, R1, or R2 for the restricted diseases. 
Except for these and one other change, the provisions in current 
Sec. 94.16 would remain unchanged. In proposed Sec. 94.10(b)(2), we are 
proposing to remove the requirement in current Sec. 94.16(b)(2) that 
dry milk products intended for importation must be processed for human 
food. We believe that as long as they are processed in a manner 
determined by the Administrator to be adequate to prevent the 
introduction of livestock diseases into the United States, their use 
does not need to be restricted to human food.
    We are also proposing to add a new Sec. 94.10(f) that would provide 
that milk or milk products from regions that are classified as Risk 
Class R3, R4, or RU for Brucella melitensis may enter the United States 
only under the following conditions: (1) The milk is pasteurized 
according to Food and Drug Administration (FDA) requirements; (2) milk 
and milk products, including cheese, meet FDA requirements for imported 
milk; (3) milk products, including cheese, are prepared from milk 
treated according to current requirements for milk from rinderpest and 
foot-and-mouth disease countries,

[[Page 17013]]

in facilities that process only milk and milk products according to FDA 
requirements.
    In this proposal, we are also proposing to add provisions at new 
Sec. 94.13 that meat or meat products consigned from the port of 
arrival to an approved establishment must be moved under Customs or 
APHIS seal, and must be otherwise handled as the Administrator may 
direct in order to guard against the introduction and dissemination of 
contagious diseases of livestock. The required seals would not be 
permitted to be broken except by persons authorized by the 
Administrator to do so.
    Section 94.15 of this proposal includes provisions for the 
cancellation of compliance agreements, and provisions for the appeal of 
such a cancellation.
    We are also proposing to amend current Sec. 94.0, ``Definitions,'' 
to include definitions currently set forth in Sec. 94.4(h), and are 
proposing to add to part 94, in Sec. 94.0, definitions of cervid, 
contact, pink juice test, region, restricted agents, risk class 
regions, ruminants, and veterinarian in charge.
    The proposed definitions of region, restricted agents, and risk 
class regions are the same as those in Secs. 93.400 and 93.500 of this 
proposed rule. The proposed definition of veterinarian in charge is the 
same as that used elsewhere (e.g., Sec. 78.1) in the current 
regulations. A definition of cervid would be included to make clear 
that the term applies to all species of deer, elk, and moose.
    The proposed definition of contact reads as follows: ``Known or 
potential commingling of products of animals during processing or 
storage, or while being transported from any point to any other point. 
Contact includes simultaneous processing in the same facility, or 
storage or shipment in the same room, locker, or container. but not 
necessarily the same storage facility or conveyance, as long as 
security measures provided are determined to be adequate by an 
authorized APHIS representative.'' The purpose of this definition is to 
set forth the various ways disease agents can be transmitted among 
animal products.
    In Sec. 94.0 of the current regulations, the definition of 
Indicator piece refers to meat to be used for the ``pink juice test.'' 
This test is a visual method of determining whether meat has been 
sufficiently heated to destroy the foot-and-mouth disease virus. 
However, the current regulations do not define ``pink juice test.'' 
Therefore, to clarify the meaning of this term, we are proposing to add 
a definition of pink juice test to mean ``determination of whether meat 
has been thoroughly cooked by observation of whether the flesh and 
juices have lost all red and pink color.''

9 CFR Part 95

    The regulations in 9 CFR part 95 contain restrictions on the 
importation of certain animal products and hay and straw in order to 
prevent the introduction of certain animal diseases.
    In this proposal, we are proposing to make three types of 
substantive changes to part 95. First, in each section where the 
current regulations refer to ``country'' of origin, we would replace 
the word ``country'' with the word ``region.'' Second, in each case 
where reference is made to a country in which a particular disease is 
not considered to exist, we would refer instead to a region classified 
as Risk Class RN, R1, or R2 for the disease in question. Third, in each 
case where reference is made to a country in which a particular disease 
is considered to exist, we would refer instead to a region classified 
as Risk Class R3, R4, or RU for the disease in question.
    The sections in part 95 in which we would make the changes 
described above are Secs. 95.2, 95.4, 95.5, 95.7, 95.9, 95.14, 95.15, 
95.17, 95.21, and 95.23. Additionally, in Sec. 95.28, which deals with 
hay, straw, grass, and similar material, we would replace the reference 
to ``tick-infested pastures, ranges, and premises'' with a reference to 
``regions classified as R3, R4, or RU for restricted ticks.''
    Additionally, we would add definitions of region and risk class 
regions to the definitions in Sec. 95.1, and would make several non-
substantive wording changes in part 95 for clarity and to clarify 
internal APHIS management procedures.

9 CFR Part 96

    The regulations in 9 CFR part 96 govern the importation of animal 
casings into the United States to prevent the introduction of 
contagious livestock diseases.
    We are proposing to replace references to ``country'' in Secs. 96.2 
and 96.3 with references to ``region,'' are proposing to replace the 
reference in Sec. 96.3 to countries free of African swine fever to 
regions classified as Risk Class RN, R1, or R2 for African swine fever, 
and are proposing to replace the references to countries in which 
specified diseases exist with references to regions classified as Risk 
Class R3, R4, or RU for those diseases.
    Additionally, in Sec. 96.10, we would remove the references to 
specific cities in which casings that arrive in the United States 
without certification may be disinfected, and would state instead that 
such casings may be forwarded to a USDA-approved facility for 
disinfection. We are proposing to make this change because the 
facilities in the cities specified are no longer in operation, and such 
disinfection, if it were necessary, could be done at any facility 
approved by APHIS.
    Finally, we are proposing to remove Sec. 96.15, ``Common carriers; 
marking papers,'' and Sec. 96.16, ``Form for reporting release,'' 
because they specify administrative procedures that have been 
discontinued for a number of years.

9 CFR Part 98

    The regulations in 9 CFR part 98 govern the importation of animal 
germ plasm so as to prevent the introduction of contagious diseases of 
livestock or poultry into the United States.
    In this proposal, we are proposing to replace references to 
``country'' with references to ``region'' in the headings for subparts 
A and B, and in Secs. 98.3, 98.4, 98.7, 98.12, 98.13, 98.14, 98.15, 
98.16, 98.17, and 98.34. Also, we would replace references to countries 
free of rinderpest and foot-and-mouth disease with references to 
regions classified as Risk Class RN, R1, or R2 in the heading for 
subpart A and in Sec. 98.3, and would replace references to countries 
in which rinderpest or foot-and-mouth disease exists with references to 
regions classified as Risk Class R3, R4, or RU in the heading to 
subpart B, and in Secs. 98.12, 98.13, 98.14, 98.15, 98.16, and 98.34.

Pending Proposed Rules

    On May 11, 1995 (60 FR 25151-25162, Docket No. 94-085-2), APHIS 
published in the Federal Register a proposed rule regarding the 
importation of sheep and goats and sheep and goat germ plasm. That 
document proposed to amend provisions concerning who may issue health 
certificates for ruminants offered for importation into the United 
States, and proposed to significantly revise the conditions for 
importing sheep and goats and sheep and goat germ plasm. The proposal 
also contained provisions concerning privately operated quarantine 
facilities for goats. Because no final rule has been issued, those 
provisions are not reflected in this proposed rule. However, the 
provisions of Docket No. 94-085-2 that are made final, and any future 
rulemaking affecting this proposal (Docket No. 94-106-1), will be 
reflected in the final rule to this proposal (Docket No. 94-106-1).

[[Page 17014]]

National Performance Review

    This regulatory action is being taken as part of the National 
Performance Review program to eliminate unnecessary regulations and 
improve those that remain in force.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be economically significant and was 
reviewed by the Office of Management and Budget.
    This proposed rule has been determined not to be major as provided 
by Public Law 103-354, the Federal Crop Insurance Reform and Department 
of Agriculture Reorganization Act of 1994. This law requires that 
certain economically significant USDA rules published in the Federal 
Register include an analysis of the risks, costs, and benefits of the 
action, and that this analysis be reviewed by the USDA Office of Risk 
Assessment and Cost Benefit Analysis. However, P.L. 103-54 applies this 
requirement only to rules the primary purpose of which is to regulate 
issues of human health, human safety, or the environment. This proposed 
rule does not fall under these criteria, and consequently has not been 
reviewed by the Office of Risk Assessment and Cost Benefit Analysis.
    In accordance with 5 U.S.C. 603, we have performed an Initial 
Regulatory Flexibility Analysis regarding the impact of this proposed 
rule on small entities. This proposed action may have a significant 
economic impact on a substantial number of small entities. Therefore, 
we are inviting comments concerning potential impacts. In particular, 
we are interested in determining the number and kind of products, 
countries, and small entities that may incur benefits or costs from 
implementation of this proposed rule.
    In accordance with 21 U.S.C. 111, the Secretary of Agriculture is 
authorized to promulgate regulations to prevent the introduction or 
dissemination of any contagious, infectious, or communicable disease of 
animals from a foreign country into the United States. This proposed 
rule would establish criteria for foreign ``regions'' based on risk 
class levels. In this proposed rule, we define the term region to mean 
``any defined geographic land region identifiable by geological, 
political, or surveyed boundaries.'' Under this definition, a region 
may be a national entity, part of a national entity, combined parts of 
several national entities, or a group of several national entities 
combined into a single trading block. The criteria for classified 
regions would be used to establish importation requirements for 
particular animals and animal products from those regions. We are also 
proposing to allow, 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 proposed rule, if adopted, would revise the process for 
establishing United States importation policies regarding live 
ruminants and swine, and the meat and products of such animals. Under 
this proposal, the United States would in some cases look at the 
disease risk in defined production regions, rather than entire 
countries, and would assess the risk of specific disease introduction 
according to risk class levels, rather than only by determination of 
whether a region is or is not free of a particular disease.
    This proposed rule is a departure from the current regulations in 
that a region would not be classified simply as one in which a specific 
disease is or is not known to exist. Rather, a region in which we have 
determined that a certain disease does not exist would be classified as 
one of three different risk class levels, depending on the length of 
time the region has been free of the disease, and the risk that the 
disease might be introduced into the region. Likewise, under this 
approach, two separate risk classifications for regions in which a 
disease is known to exist would be established, as well as one 
additional risk class category for countries or regions that do not yet 
have specific classification as another risk class level. Therefore, 
under this proposed rule, regions would fall into one of six risk class 
levels or categories.
    Under this proposal, biosecurity measures for the importation of 
animals and animal products become more stringent as the risk class 
number increases, in order to protect domestic agriculture from exotic 
animal diseases. The six risk categories in the proposed rule are 
described qualitatively and quantitatively in terms of the expected 
range of results from quantitative risk assessments using 
scientifically accepted methods. Decisions whether an animal or animal 
product may be imported depend on the risk classification of the source 
region and whether there exist biosecurity measures to mitigate the 
risk to a negligible level. Thus, within the proposed rule, the 
standard for imported animals and products after mitigation is one of 
negligible risk. Economic theory would call for this standard to be 
discovered by an explicit comparison of marginal benefits and marginal 
costs at different risk levels. However, data limitations, analytical 
complexity, and the inherent imprecision in calculating biological 
risks and quantitative economic effects make such comparisons 
impractical.
    The changes being proposed in this regulation are intended to 
comply with U.S. obligations under provisions concerning sanitary and 
phytosanitary (SPS) regulation in both the North American Free Trade 
Agreement (NAFTA) and the World Trade Organization (WTO) Agreement on 
the Application of Sanitary and Phytosanitary Measures under the 
General Agreement on Tariffs and Trade (GATT) Uruguay Round agreements.
    Although the two agreements differ in a few respects, both NAFTA-
SPS and WTO-SPS provide that:
    A member Country shall recognize the concepts of regions of low 
pest or disease prevalence, and shall ensure that its sanitary and 
phytosanitary measures are adapted to take into account the 
characteristics of regions from which products originate and to which 
products are destined. In doing so, the Member should take into account 
relevant geography, ecology, methods of surveillance and effectiveness 
of control systems. [NAFTA-SPS, Article 716; WTO-SPS, Articles 6.1-6.2]
    At the same time, the agreements explicitly recognize the right of 
governments to take measures to protect human, animal, and plant 
health, as long as these are based on science, are necessary for the 
protection of health, and do not unjustifiably discriminate among 
foreign sources of supply. In considering this proposed rulemaking, 
APHIS identified and considered four options, keeping in mind the two 
goals of compliance with the international agreements and protection of 
domestic animal health.
    The first option was to retain the current regulatory system that 
bases animal and animal product import requirements on whether a 
disease is considered to exist or not exist anywhere in a country. 
APHIS believes this alternative would not be in compliance with NAFTA-
SPS or WTO-SPS, cited in the preceding paragraph. This alternative 
would likely lead to a negative economic impact on the United States, 
as U.S. policies would be challenged under NAFTA and GATT, with 
reciprocal measures likely being taken by foreign countries.
    Further, we believe that the current regulatory policy 
unnecessarily prohibits or restricts the importation of animals and 
animal products in many situations where such importation can be 
carried out with insignificant risk of

[[Page 17015]]

introducing disease agents into the United States. For example, under 
the current regulations, a country in which cattle are vaccinated for 
FMD is not considered to be a country in which FMD does not exist, even 
if there have been no recently reported cases of the disease in the 
country. This situation exists because vaccinated cattle could 
potentially become infected with the FMD virus and not show any 
clinical signs. However, animals from countries in which the disease 
has not been reported, but in which vaccination is carried out, do not 
present the same risk as animals from countries in which the disease is 
considered to exist. We believe that the risk from countries which 
carry out vaccination can be reduced to a negligible level through 
mitigating measures. Under the current regulations, however, the two 
types of countries are subject to the same prohibitions.
    A second alternative considered by APHIS was to establish levels of 
risk, with accompanying mitigating measures, but to establish a fewer 
number of such levels than the six set forth in this proposed rule. 
While this option would be less restrictive than the ``free/not-free'' 
approach, we believe that it would unnecessarily group countries and 
regions that have distinct levels of risk. For example, if the 
regulations were to establish the risk categories of ``low risk,'' 
``moderate risk,'' and ``high risk'' for FMD, both Canada and Uruguay 
would be categorized as low risk, because the disease does not exist in 
either country. This would make both countries subject to the same 
requirements for the importation of ruminants and swine and their 
products into the United States. However, we believe that these 
countries present different levels of risk. A longer period of time has 
elapsed since the last reported case of FMD in Canada than in Uruguay. 
Vaccination for FMD was conducted in Uruguay until relatively recently, 
whereas vaccination has not been carried out in Canada because the last 
reported outbreak there was in the 1950s. Additionally, Uruguay shares 
borders, albeit protected ones, with countries where FMD exists, 
whereas Canada does not. Under this proposal, therefore, Canada is 
considered a region of negligible risk for FMD and Uruguay is 
considered a region of slight risk.
    Another alternative APHIS considered was to establish more than six 
risk class levels. However, the distinctions among an increased number 
of risk classes would be extremely difficult to identify consistently 
based on current research, and would be unwieldy on a working level to 
administer.
    By making distinctions that can be practicably made between 
different risk class levels, we believe that it is appropriate to 
establish more than three risk categories. APHIS believes that six risk 
class levels are scientifically defensible for imports from other 
countries. Also, similar categorizations could in the future 
justifiably be considered by other countries regarding exports from the 
United States.
    In this proposed rule, we propose classifications of ``regions'' of 
the world which consist almost exclusively of national entities 
(countries), to develop a baseline similar to the disease statuses as 
set forth in the current regulations. In cases where a disease is not 
specifically listed in the current regulations, the baseline is based 
on the published epidemiologic information about the disease 
distribution. In all cases where neither regulatory precedent nor 
adequate published epidemiologic data existed to classify a country as 
either Risk Class RN (negligible risk), R1, R2, R3, or R4, we have 
proposed to classify the country as Risk Class RU for unknown or 
unclassified risk. Where a disease agent has not been reported from a 
country, and there is no evidence that the disease agent now exists or 
has ever existed in the country, we have proposed to classify the 
country as Risk Class RN. It is important to note, however, that the 
classifications set forth in this proposed rule are subject to change 
based on information supplied to APHIS by members of the public, or by 
countries or other regions, that indicates that the region size or risk 
class should be changed.
    This proposed rule sets forth procedures for requesting recognition 
of an area as a region and for establishment of risk class designations 
that differ from those set forth in this proposal. These procedures are 
set forth in Sec. 92.5 of this proposed rule. In general, they provide 
that the official of the national government of any country, who has 
the authority in that country to request such a change, may request at 
any time that all or part of the country be classified or reclassified 
as a Risk Class RN, R1, R2, R3, or R4 region, or be included within an 
adjacent previously classified region. After receiving a formal 
questionnaire from APHIS, the Chief Veterinary Officer of the region 
must return the completed questionnaire to APHIS, along with a copy of 
the region's applicable agricultural laws and regulations. This 
information will be evaluated by a committee formed by the 
Administrator of APHIS, which will either deny the request or indicate 
further information is needed, or will recommend to the Administrator 
that the request be approved. If the recommendation is to approve the 
request, a notice of proposed rulemaking will be published in the 
Federal Register, proposing the status of the region for the restricted 
agent in question, evaluating the relative risks, and analyzing the 
impacts of the classification. Public comment will be solicited on the 
proposed risk class designation. If, after reviewing public comment, 
APHIS continues to believe the proposed risk class should be made 
final, a final rule will be published, along with an updated evaluation 
of the risks and an updated impact analysis.
     The long-range impact of this rule will depend on trade decisions 
made by foreign importers and foreign governments, and on market 
considerations. This concept is perhaps the most significant policy and 
regulatory issue facing APHIS and our trade partners. It is expected to 
create new opportunities for the United States, as well as for other 
countries, to export not only from areas that are demonstrated to be 
free of particular diseases, but also from areas of low disease or pest 
prevalence under mitigated circumstances.
    As discussed above, the risk class designations in this proposed 
rule are largely based on the country classifications set forth in the 
current regulations. However, based on epidemiological evidence and 
other data available to us, and site (country) visits to review animal 
health programs, we are proposing to use the proposed process to 
implement risk classification for two countries differently than would 
be the case solely based on the current regulations. The rationale for 
these designations is set forth in the supplementary information of 
this document under the heading ``Listing of Risk Classifications for 
Individual Regions.'' We are proposing that Argentina be designated 
Risk Class R2 (low risk) for FMD, and the State of Sonora in Mexico be 
designated as Risk Class R1 for hog cholera. In the current 
regulations, Argentina is listed as a country in which FMD is 
considered to exist, and Mexico is listed as a country in which hog 
cholera is considered to exist. As such, the current regulations 
prohibit or restrict certain animal and product imports from these 
countries.
    At this time, we have conducted an analysis for two countries, 
Argentina and Mexico, that could be affected in the short term by the 
regulation change. Although Argentina and Mexico would initially be the 
most likely countries to be affected by this rule as proposed, we

[[Page 17016]]

are moving in the direction of multilateral regionalization with much 
broader effects than implied by this partial analysis. A more complete 
analysis is not possible now, but over time the United States will have 
additional export opportunities as well as import competition.

Imports From Argentina

    Argentina is currently considered a country in which foot-and-mouth 
disease (FMD) exists. With such a designation, the importation of fresh 
meat and meat products of ruminants and swine from Argentina is 
prohibited. Under this rule, however, fresh meat from ruminants and 
swine could be imported from Argentina, because it would be classified 
as Risk Class R2 (low risk) for FMD, because it has a maximum herd 
incidence of a restricted disease at less than 0.1 percent and has 
effective border control between other countries. If this rule is 
adopted, we expect Argentina to export up to 20,000 metric tons of 
fresh meat to the United States.
    The changes in the regulations would be expected to mainly affect 
bovine meat and meat products (beef). Other livestock sectors that 
would be expected to be marginally affected are: swine, dairy, and the 
mutton/lamb/goat complex.

Analysis

    Beef: The proposed regulation changes would relax the FMD- and 
rinderpest-related restrictions imposed on the importation of live 
cattle, bovine meat and prepared products from Argentina. This rule 
change would be expected to substantially alter beef imports from 
Argentina, since the United States has had restrictions on uncooked 
beef imports from Argentina since the 1930 Tariff Act. However, this 
analysis assumes that Argentine uncooked beef exports to the U.S. would 
not exceed their 20,000 MT tariff-rate quota limit. Future economic 
impact on U.S. beef producers would depend on demand-side factors, such 
as consumer acceptance of Argentine product, but also on whether the 
uncooked beef imports consist mainly of grass-fed beef as expected, and 
whether Argentina reaches or exceeds 20,000 MT's of uncooked beef 
shipments to the U.S. Recent speculation is that Argentina would most 
likely start with grass-fed beef product and attempt, over time, to 
produce product that would be suitable for the U.S. grain-fed beef 
market.
    Argentine beef production is made up of mostly grass fed product. 
These animals take longer to reach slaughter weights and are lighter at 
slaughter than cattle fed on grain. Most of the grass-fed meat 
production is suitable for low-quality uses in the United States. 
Selected cuts from grass-fed cattle could possibly classify as grain-
fed beef.
    With large present and potential beef production, Argentina is 
likely to increase its beef exports. With comparable or higher returns 
from chilled product (as compared with prepared product), trade sources 
suggest that sufficient economic incentive and product exists to 
encourage Argentina to fill (and possibly exceed) its 20,000 MT tariff-
rate uncooked beef quota with the U.S. through increased production 
and/or diversion of current exports.
    Impact on U.S. Consumers: Assuming Argentina fills its 20,000 MT 
beef tariff-rate quota limit in the U.S.'s uncooked beef market with 
grass-fed beef, consumer welfare gains of $90 million annually are 
possible. Grass-fed beef is used mainly in ``non-table-cut'' beef 
applications, such as in hamburger meat patties, sausages, and other 
prepared meals and foods. This analysis assumes that 22 percent of U.S. 
beef consumption goes into such non-table-cut applications while 78 
percent goes into consumer applications, such as table cut use at home 
and away-from-home eating that utilizes beef made from grain-fed beef. 
Grain-fed beef production dominates U.S. domestic beef production (87 
percent). Thus, imports consisting of grass-fed beef affect consumer 
prices more than domestic producer prices because of grass-fed beef's 
higher quantity weight in consumption compared to production. When 
imports are assumed to consist mainly of grass-fed beef, consumers 
stand to gain almost $90 million as average retail beef prices drop by 
$8.27 per MT carcass weight equivalent (CWE).
    Impact on U.S. Livestock Sector: Primary producers of livestock and 
beef products would be detrimentally affected by increased beef 
imports. The magnitude and the type of beef imported would determine 
the size and distribution of domestic producer welfare loss across the 
farm and secondary production levels. When imports are assumed to 
consist mainly of grass-fed beef, domestic producer welfare throughout 
the system is lowered by an estimated $41 million ($3.84/MT CWE).
    Imports of Argentine, uncooked, grass-fed beef would be expected to 
dampen demand for low-quality beef (made from both culled beef and 
dairy cows), and force some of the domestic producer losses to be 
shared by both the U.S. dairy and beef sectors.
    Although the aggregate domestic producer welfare losses would 
appear to be significant, total industry sales and the large number of 
operations make the per farm producer losses relatively small. Beef and 
dairy farms with annual sales of less than $0.5 million are considered 
small according to Small Business Administration (SBA) size criteria. 
Recent Census data show that about 99.8 percent of operations with beef 
cows have herds with fewer than 1,000 head.3 On average, these 
801,940 operations had sales of under $0.5 million while maintaining 
92.9 percent of beef cow inventories. Farms with less than $0.5 million 
of cattle and calves sales averaged sales of $20,976 in 1992, as 
opposed to average sales of $1.3 million on larger farms. Similarly for 
dairy operations, most producers fall in the ``small'' business 
category. Recent USDA data show that 95.6 percent of operations with 
milk cows have fewer than 200 head in their herds. Census data is 
available on farms with dairy product sales, but not by herd size. 
These data show that 95.2 percent of these farms have sales of less 
than $0.5 million. Assuming that both data are tracking roughly the 
same dairy operations, we can deduce that 68.2 percent of milk cow 
inventories are on the 152,500 operations with sales of less than $0.5 
million and average dairy product sales of less than $93,800 per farm 
in 1992. Besides the sale of dairy products, the sale of cull dairy 
cattle and young stock (not selected to be retained for milking or 
breeding purposes) contribute to farm income. USDA budget data for 1992 
indicated that, on an average U.S. dairy operation, the sale of culled 
cattle contributed $1.27 (around 8 percent) for every $15.85 of 
receipts. Census data indicate that cattle sales contribute about 
$8,000 toward gross farm sales on a small dairy farm (total sales 
average about $102,000), also about 8 percent of total gross farm 
income.
---------------------------------------------------------------------------

    \3\ Source: 1992 US Census, Beef Cow Herd Size by Inventory and 
Sales: 1992, Table 28, pg. 30.
---------------------------------------------------------------------------

    Maximum per farm drops in producer gross sales would be expected to 
range from $15 to $35 for cow-calf beef operators. In either case, 
gross farm income would drop less than one-sixth of one percent. 
Expected maximum per farm percentage drops in dairy producer gross 
sales would be even lower than those for cow-calf beef operators.
    Impact on Feedlot Operators: No quantity effect would be registered 
if imports consist of grass-fed beef. With increased imports of grass-
fed beef, the increased market beef supplies would be expected to 
displace low-quality

[[Page 17017]]

beef, mainly affecting dairy and beef cow-calf operations and 
indirectly affecting feedlots by reducing the number of cattle 
available to be placed on feed. This increased culling of dairy and 
beef cows would reduce the supply of beef calves and raise the prices 
for both yearlings and grain-fed cattle. Gains from output price 
increases (on grain-fed cattle) would be offset by losses incurred by 
price increases on purchased calves.4 The net per head loss would 
be $0.24. Such small losses would not be expected to substantially 
change production. The potential aggregate domestic feedlot operators' 
producer welfare loss is estimated at $5.4 million with increased 
imports of grass-fed beef. This aggregate loss is expected to translate 
into less than a $30 per year drop in gross sales on an average 
``small'' feedlot (about a 0.03 percent drop).
---------------------------------------------------------------------------

    \4\ Yearling prices go up more per head ($0.64 per head) than 
for fed cattle ($0.40 per head).
---------------------------------------------------------------------------

    Impact on Live Cattle Dealers/Transporters: Close estimation of the 
impact on this sub-sector is not possible given the available data. 
Because census data on transporters is in a general category with other 
agricultural product shipments, it is unclear how important cattle 
transportation is to a particular ``small'' firm's business. Additional 
data are also needed on average miles traveled and net returns per 
trip. However, it appears that there would be a negligible reduction in 
transporter trips needed due to this proposed rule--ranging from 
negligible if potential imports are assumed to be grass-fed beef, to 
less than 1,500 if potential imports are assumed to be grain-fed beef. 
A negligible increase in transport of imported meat and meat products 
from ports of arrival would be expected.
    Impact on Cattle Slaughterers/Primary Processors: As in the case 
with cattle dealers/transporters, the reduction in cattle marketings 
would be expected to be very small in relation to current marketings. 
With increased beef imports consisting of grass-fed beef, slaughterers 
would receive virtually the same number of marketings, but enjoy lower 
priced culled beef and dairy cows while facing lower wholesale prices 
for their output. On average, the losses from lower retail grass-fed 
beef prices would be expected to almost equal the gains from price 
drops on purchased culled cows.
    Swine: No significant impacts because of Argentine swine production 
and trade would be expected as a result of this proposed rule. 
Argentine swine production has declined considerably since the early 
1990s. Pork imports into Argentina during this period rose from 1,363 
MT to 25,392 MT, while exports declined from 2,755 MT to 67 MT.
    Dairy: With regards to the sale of dairy products, we do not 
anticipate a major increase in exports of milk and milk products from 
Argentina into the United States as a result of this proposed rule. 
Only about 5 percent of Argentina's cow herd is made up of dairy cows, 
and it is expected that the increase in beef cattle returns will not 
significantly alter this situation. In addition, all dairy products 
imported into the United States are restricted by quotas except for 
casein, caseinate, and other casein derivatives (hereafter referred to 
as casein), which are dry milk products. The United States does not 
produce casein. Argentina has not exported casein to the United States 
in recent years, and this proposed rule would be expected to have 
minimal if any effect on the amount of casein imported into the United 
States.
    Miscellaneous. The United States has not imported any mutton, lamb, 
or goat meat from Argentina in the past 2 years. This situation would 
not be expected to change as a result of this proposed rule. 
Miscellaneous animal products from Argentina, including embryos, semen, 
breeding animals, and other products, are already allowed importation 
into the United States under certain restrictions. This proposed rule 
would lessen the restrictions on the importation of these products. We 
welcome information from the public regarding any potential impact this 
lessening of restrictions might have.

Imports From Mexico

    It appears that the State of Sonora, Mexico would meet all the 
criteria in proposed Sec. 92.3 to be classified as a Risk Class R1 
region for hog cholera. The changes in the regulations would be 
expected to primarily affect feeder pigs, slaughter hogs, and pork 
products. No other livestock sectors are expected to be affected by the 
proposed classification of Sonora.

Analysis

    The regulation changes would relax the hog cholera-related 
restrictions imposed on the importation of live swine and prepared pork 
products from Sonora, Mexico. This rule change could significantly 
alter current swine imports from Mexico. Based on various assumptions, 
some combination of Mexican live swine and/pork exports to the U.S. 
would be expected to take place.
    Important assumptions are:
    1. The production of live hogs in Sonora would be maintained at the 
current 1.5 million head level;
    2. Twenty percent of total production would continue to be shipped 
out of the region live for slaughter and processing (currently most of 
these shipments go to Mexico City, some 1,500 miles away). The Los 
Angeles, California area is only 500 miles away and is currently 
receiving live slaughter hogs from other parts of the U.S., including 
the U.S. Midwest, making it a potentially attractive demand site for 
live slaughter hog shipments from Sonora;
    3. The remaining 80 percent of production would be processed in 
Sonora with about 15 percent going as specialized pork cuts to Japan; 
the remaining 85 percent would be available for use in Mexico or 
shipment to the U.S.;
    4. Current hog feeders in Mexico would be able to hedge on currency 
and commodity markets, so as to minimize short-run financial risk of 
exchange rate and feed price fluctuations. These instruments are not 
capable of shielding long-lasting currency devaluations, such as what 
has recently occurred in Mexico. Operations which require large amounts 
of imported feeds, such as hog feeding operations that rely on U.S. 
feedstuffs--bought with Mexican currency--are probably experiencing 
considerable financial difficulties. Such pressure, in the short term, 
may lead to cutbacks in Mexican production and/or trade from Mexico to 
the U.S. However, such devaluations would assist in the export of 
finished products from Mexico, such as live swine and processed pork 
products. Also, in the longer run, some appreciation of the Mexican 
peso is expected. Uncertainty as to when and what extent such 
appreciation will occur leads to the following assumption: The 
influence on Mexican production and trade due to exchange rate 
fluctuation is assumed to be neutral in this analysis;
    5. 1994 US marketings of 95.697 million head of slaughter hogs at 
the average price of $40.03 per CWT liveweight are used as the U.S. 
base year;
    6. A low-impact scenario is constructed consisting of 75,000 live 
hogs and 18.6 million pounds carcass weight equivalent (CWE) of pork 
products. This assumes that one-quarter of current live slaughter hog 
shipments out of Sonora is diverted to the Southwest (mostly to Los 
Angeles), as well as about 10 percent of the processed pork production 
of Sonora. Imported swine and pork are assumed to substitute perfectly 
for U.S. product and displace it;

[[Page 17018]]

    7. A high-impact scenario is constructed consisting of 300,000 live 
hogs and 92.9 million pounds carcass weight equivalent (CWE) of pork 
products. This assumes that all of current live hog shipments out of 
Sonora is diverted to the Southwest as well as about 50 percent of the 
processed pork production of Sonora. Again, imported swine and pork are 
assumed to perfectly substitute for U.S. product and displace it.
    Future economic impact on U.S. swine producers will depend on 
demand-side factors, such as consumer acceptance of Mexican product, 
but probably most heavily on two supply-side factors--increases in 
total Mexican production and the composition of product shipped from 
Mexico. This supply effect will be heavily affected by the long-term 
exchange rate between the U.S. and Mexico. Composition of product will 
affect producer and consumer effects as follows:
    1. If the weight of increased imports are in the form of feeder 
pigs, adverse economic impacts would be localized on feeder pig 
producers, not feed grain producers or slaughters/processors. Increased 
feed pig shipments could be particularly important in times of high 
feed costs in Mexico, such as occurs at times in the U.S. Southeast.
    2. Live slaughter hog imports would be expected to directly 
displace U.S. produced hogs. For every four hogs or hog equivalents 
imported, one U.S. hog would be expected to be displaced and its 
economic contribution to slaughter and processing lost. Feed grain 
producers would experience some loss if Mexican producers do not rely 
on U.S. grain. However, it is possible that a greater amount of U.S. 
feed would be used if some amount of Mexican pork/swine is imported, 
given that Mexican hog producers use U.S. feedgrains. Activity at the 
slaughter/processor level would be increased with Mexican live hog 
slaughter imports.
    3. The impact of pork product imports is difficult to forecast 
because of the uncertainty as to how they would substitute for foreign 
and/or domestic product. For example, certain Mexican pork imports 
might not affect U.S. producers at all. These imports might not 
substitute for a U.S.-produced pork product, or they might completely 
substitute for and displace a similar pork product currently imported 
from another country. In those cases where Mexican pork products would 
displace U.S. product, U.S. prices would decrease, U.S. production 
would decrease, and activity at the slaughter/processor level would 
drop.
    Impact on U.S. Consumers: Assuming Mexico swine producers find it 
in their interest to ship swine and/or pork products to the U.S., 
consumer welfare gains of $28 million (low-impact scenario) to $150 
million (high-impact scenario) annually would be possible depending on 
the volume and composition of imports from Mexico.
    Impact on U.S. Livestock Sector: Primary producers of livestock and 
swine products would be detrimentally affected whether live slaughter 
hogs or pork product imports increase. When imports are assumed to be 
in the low-impact range, producer welfare throughout the system would 
be lowered by an estimated $28 million ($0.13/CWT CWE) as opposed to 
$149 million ($0.66/CWT CWE) when imports are assumed to be in the 
high-impact scenario. A further break-down of the potential impact on 
the U.S. livestock sector follows:
    Impact on Farrow-to-Finish Swine Operators: Imports in the low-
impact scenario are assumed to represent about 178,200 hogs per year in 
a combination of live slaughter hogs and pork product imports. Barrow 
and gilt slaughter hog prices would decrease by about 15 cents per CWT. 
This lower price would elicit a cut in total U.S. hog production of 
about 45,000 hogs per year. The lower production level at a slightly 
lower price would reduce producer receipts by about $28 million per 
year.
    When imports are assumed to fall in the high impact scenario, 
increased imports would be expected to represent up to 816,000 hogs per 
year in a combination of live slaughter hog and pork product imports. 
Barrow and gilt slaughter hog prices would be expected to decrease by 
about 66 cents per CWT. This lower price would elicit a cut in total US 
hog production of about 200,000 hogs per year. This lower production 
level, along with a lower price, would reduce producer receipts by 
about $149 million per year.
    Although the aggregate potential producer welfare losses appear 
significant, total industry sales and the large number of operations 
would make the per-farm producer losses relatively small. In 1992, 
there were about 191,347 hog and pig farms in the United States, of 
which it is estimated that about 96.4 percent would be considered 
``small'' entities (annual sales of less than $0.5 million, according 
to Small Business Administration (SBA) size criteria). Total value of 
hog inventories on December 1992 exceeded $4,146.6 million, producing 
$9.9 billion in sales. The small hog and pig entities maintain over 70 
percent of these hog and pig inventories. Historical U.S. data show 
declining farm numbers (but almost stable production) and persistent 
competitive pressure on producers to adopt least-cost production 
methods to the extent available. Dividing the adjusted aggregate 
economic impact generated under the two scenarios listed above (low- 
and high-impact scenarios) by the number of small swine operations 
results in a potential loss in net annual farm income of almost $154 
and $808, respectively.
    Impact on Live Hog Dealers/Transporters: Reductions in the number 
of hogs produced in the United States as a result of imports under 
either the low- or high-impact scenario would be expected to be 
minimal--225 and 1,035 less trips, respectively. The impact of the 
worst case scenario represents less than .2 percent of total hauls of 
US hog shipments in 1994.
    Most firms in this industry are considered ``small'' according to 
SBA guidelines (i.e., sales of less than $12.5 million and fewer than 
500 employees). Firms in this industry are assumed to be classified in 
the general Census category, motor freight transportation and 
warehousing (SIC 4212 and SIC 4213) with over 10,600 firms in 1992. SIC 
4212 pt. (other local trucking, without storage, of agricultural 
products) contained 6,203 establishments with $2.197 billion in revenue 
in 1992 and employed 26,897 employees. The average firm revenue was 
$354,183, with employment of 4 to 5 workers. Thus, the average firm in 
the industry would fall under the SBA category of ``small'' with sales 
of less than $12.5 million and less than 500 employees. SIC 4213 pt. 
(trucking, except local, of agricultural products) contained 4,483 
establishments with $3.3 billion in revenue in 1992 and employed 30,518 
employees. The average firm revenue was $736,114, with employment of 6 
to 7 workers. Thus, the average firm in the industry would fall under 
the SBA category of ``small,'' with sales of less than $12.5 million 
and less than 500 employees. More detailed data on the actual 
distribution of firms by size are not available at this time.
    Estimation of the potential impact on this sub-sector is not 
possible given the available data. Census data on transporters is in a 
general category with other agricultural product shipments, thus it is 
unclear how important livestock transportation is to a particular 
``small'' firm's business. Additional data are also needed concerning 
average miles traveled and net returns per trip. The relatively small 
reductions in trips needed suggest that the economic impact on this 
sub-sector would

[[Page 17019]]

probably be very small. Further, if we assume that these reductions 
would be expected to fall evenly across all firms, this reduced level 
of economic activity is not expected to drive any small livestock 
dealers/transporters out of business. Some increase in transport of 
swine or pork products from ports of arrival would be expected.
    Impact on Swine Slaughterers/Primary Processors: As was the case 
with livestock dealers/transporters, the reduction in swine marketings 
would be very small in relation to current marketings. However, it 
should be kept in mind that hog slaughterers and processors would 
benefit if imports consist of higher proportions of live hogs relative 
to processed pork. Under the two scenarios considered, increased 
slaughter (brought about by increased slaughter hog imports) would more 
than offset production losses from processed pork product imports. In 
the low-impact scenario, processors would realize a net increase of 
30,000 slaughter hogs. Under the high-impact scenario, an increase of 
93,000 slaughter hogs appears possible.
    The size distribution of firms in this sub-sector makes it 
difficult to allocate the small benefits estimated above across large 
and small firms. In the past, the desire to reduce transportation costs 
of cattle and product, to gain economies of scale in plant operations, 
and to shift to newer plants (without existing labor contracts) has 
lead to increased industry concentration in this U.S. sub-sector. The 
exit of many older, smaller plants and companies have also contributed 
to increased market concentration. Most firms have multi-million dollar 
operations made up of new, large, state-of-the-art slaughter and 
packing plants. In 1992, there were 1,385 meat packing establishments 
in the U.S. down from 1,434 such establishments in 1987.5 The 1987 
data indicate that 88 pork-slaughter companies had more than 20 
employees. These companies had a total of 34,300 employees, with a 
payroll of $713.8 million and shipments of pork valued at $11.6 
billion.
---------------------------------------------------------------------------

    \5\ Source: 1992 Census of Manufacturers, MC92-SUM-1(P), 
Preliminary Report, Summary Series, pg. 9.
---------------------------------------------------------------------------

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

    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. 94-106-1. 
Please send a copy of your comments to: (1) Docket No. 94-106-1, 
Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River 
Road Unit 118. Riverdale, MD 20737-1228, and (2) Clearance Officer, 
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of the 
proposed rule.
    This proposed rule contains paperwork and recordkeeping 
requirements. Under this proposed rule, officials in foreign countries 
that wish to have a region recognized and classified by APHIS would be 
required to submit an application, along with data supporting their 
request for a specific classification. This rule would necessitate the 
introduction of various information collection requirements to enable 
us to monitor accurately the health status of regions and the movement 
of animals and animal products from those regions into the United 
States. We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. We need this outside input to help us 
accomplish the following:
    (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 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 responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 7 hours and 4.5 minutes per 
response for animal importations and 27 minutes per response for animal 
product importations.
    Respondents: Importers and veterinarians.
    Estimated number of respondents (for animal importations): 208,065 
total (30,030 of which would be new respondents as a result of our 
rulemaking).
    Estimated number of respondents (for animal product importations): 
8,955 total (1,829 of which would be new respondents as a result of our 
rulemaking).
    Estimated number of responses per respondent (for animal 
importations): 8.158.
    Estimated number of responses per respondent (for animal product 
importations):  11.64.
    Estimated total annual burden on respondents (for animal 
importations): 241,067 hours (178,684 of which would be new hours due 
to our rulemaking).
    Estimated total annual burden on respondents (for animal product 
importations): 47,080 hours (15,926 of which would be new hours due to 
our rulemaking).
    Copies of this information collection can be obtained from: 
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250.

National Environmental Policy Act

    This proposed rule raises some issues that could include potential 
environmental impacts. Such issues are being examined by APHIS in the 
context of an environmental assessment (EA). We invite comments from 
the public on this proposed rule, including those regarding potential 
environmental impacts. Prior to, or in conjunction with, a final rule, 
APHIS will issue an EA addressing such issues in accordance with: (1) 
The National Environmental Policy Act (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).

Unfunded Mandate Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local,

[[Page 17020]]

and 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 rules with ``Federal 
mandates'' that may result in expenditures to 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 proposed rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) that may result in 
expenditures to State local, and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. 
Thus, this proposed 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 98

    Animal diseases, Imports.

    Accordingly, under the authority provided in 7 U.S.C. 147a, 150ee, 
161, 162, 450, 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 111, 114a, 
134a, 134b, 134c, 134d, 134f, 135, 136, 136a; 31 U.S.C. 9701; 42 U.S.C. 
4331, and 4332, we propose to amend 9 CFR chapter I, subchapter D, as 
follows:

PARTS 92 AND 93--[AMENDED]


Secs. 93.1-93.8  [Redesignated as Secs. 92.800-92.807]

    1. Part 93 would be amended by removing the heading and the 
authority citation and by redesignating Secs. 93.1 through 93.8 as 
Secs. 92.800 through 92.807, and adding a subpart heading before these 
sections to read: ``Subpart H--Elephants, Hippopotami, Rhinoceroses, 
and Tapirs''.

PART 92--[REDESIGNATED AS PART 93]

    2. Part 92 would be redesignated as part 93.
    3. A new part 92 would be added to read as follows:

PART 92--RESTRICTED AGENTS AND VECTORS, AND CRITERIA FOR REGIONAL 
RISK CLASSIFICATION

Sec.
92.1  Definitions.
92.2  Restricted agents and vectors.
92.3  Criteria for risk classification.
92.4  Risk classification by region and restricted disease agent.
92.5  Application for recognition of Risk Class RN, R1, R2, R3, or 
R4.

    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.

    Wherever in this subpart the following terms are used, unless the 
context otherwise requires, they shall be construed, respectively, to 
mean:
    Active surveillance. Sample collection using a systematic or 
statistically designed survey methodology to actively seek out and find 
cases of animals with a disease agent, or to determine the prevalence 
of the disease agent in the population.
    Adjacent region. Any defined geographic land area identifiable by 
geological, political or surveyed boundaries that shares common 
boundaries with, or is proximate to any region of a different risk 
class, as determined by the Administrator.
    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.
    Affected animals. Animals currently infected or infested with, or 
exposed to, a communicable disease agent, or that are not known to be 
infected, infested, or exposed but that because of, proximity, 
location, season, or lack of surveillance data could reasonably be 
expected to be infected, infested, or exposed to a communicable disease 
agent.
    Affected premises or region. A premises or region where a 
communicable disease agent is known to exist; that is adjacent to or 
proximate to any known infected or infested premises or region so that 
airborne, vector, or mechanical transmission of the disease agent could 
occur; or that, because of lack of surveillance data, could reasonably 
be expected to be infected, infested, or exposed to a communicable 
disease agent.
    Africa. The continent of Africa including the countries of: 
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, 
Cent. African Rep., Chad, Comoros, Congo, Djibouti, Egypt, Equatorial 
Guinea, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, Ivory Coast, 
Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, 
Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and 
Princip, Senegal, Sierra Leone, Somalia, South Africa, Sudan, 
Swaziland, Tanzania, The Gambia, Togo, Tunisia, Uganda, Western Sahara, 
Zaire, Zambia, Zimbabwe.
    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 including: Cattle, 
sheep, goats, other ruminants, swine, horses, asses, mules, zebras, 
dogs, and poultry that are susceptible to communicable diseases of 
livestock or capable of being carriers of those diseases or their 
arthropod vectors.
    APHIS representative. Any individual employed by the Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture, who is authorized to perform the services required by this 
part.
    Asia. Part of the continent of Asia, including the countries of: 
Afghanistan, Armenia, Azerbaijan, Bangladesh, Bhutan, Burma, Cambodia, 
China, Georgia, Hong Kong, India, Iran, Japan, Kazakhstan, Kygyzstan, 
Laos, Macau, Malaysia, Mongolia, Nepal, North Korea, Pakistan, Russia, 
Singapore, South Korea, Sri Lanka, Taiwan, Tajikistak, Thailand, 
Turkistan, Uzbekistan, Vietnam.
    Atlantic. Island countries located in the Atlantic Ocean including: 
Bermuda, Cape Verde, Falkland Islands, South Georgia.
    Australia. The continent of Australia including the country of 
Australia.
    Border definitions.
    (1) Natural physical barriers:

[[Page 17021]]

    (i) Rivers, lakes or oceans with all crossing points such as 
bridges, ferries, or ports identified as controlled entry points;
    (ii) Mountains with all crossing points (passes, etc.) identified 
as officially controlled entry points.
    (2) Man-made physical barriers. Constructed fences, walls, moats, 
etc., that prevent animals from straying or being transported, trailed, 
or driven across the borders except at officially controlled entry 
points.
    (3) Protected borders: Border areas that are identifiable geo-
political boundaries between adjacent geographic regions. Protected 
border areas may be separated by man-made physical barriers with all 
gates or crossings identified as officially controlled entry points. 
Animals shall cross only at officially controlled entry points.
    (4) Uncontrolled borders: Animals may cross unchecked at any point 
along the border.
    (5) Officially controlled entry points: Land border check stations, 
airports, ship ports or other points of entry where animals or animal 
products may enter a region from any other region, but at which animals 
and animal products are barred from entry at all times that the entry 
points are not staffed.
    Caribbean. The islands of the Caribbean Sea and nearby areas in the 
Atlantic Ocean including the countries and territories of: Anguilla, 
Aruba, Barbados, British Virgin Islands, Cayman Islands, Cuba, 
Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, 
Martinique, Montserrat, Netherlands Antilles, Puerto Rico, Saint Lucia, 
Saint Vincent, The Bahamas, The Bahamas, Trinidad and Tobago, Turks and 
Caicos, U.S. Virgin Islands.
    Case. An individual animal affected by a communicable disease 
agent. Depending on the condition, this may be an animal with clinical 
signs, or an animal with serological or pathological evidence of 
infection, or an infested animal.
    Cattle. Animals of the bovine species.
    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.
    Contact. (1) For animals, being in the same pen, pasture or means 
of conveyance with animals affected with a communicable disease, or 
being located in pens, pastures, or means of conveyance that are 
adjacent to, adjoin or otherwise come into contact with those 
containing animals affected with a communicable disease.
    (2) For premises or regions, having on or within the premises or 
region, animals, feed, water, air, soil, tools or other objects, 
insects, or ectoparasites infected or contaminated with a communicable 
disease agent.
    Contagious disease. Any communicable disease transmitted from one 
animal to another by direct contact or by feed, water, aerosol, or 
contaminated objects.
    Driven. Moved (animals) from one place to another by walking under 
their own power and being herded and guided by persons or trained 
animals.
    Ectoparasites. Acarid (mites, ticks) or insect members of the 
Phylum Arthropoda that spend all or part of their life cycle on the 
exterior of avian, reptilian or mammalian hosts, and that are known or 
suspected to be vectors of communicable disease agents or are the cause 
of disease or irritation to animals or birds.
    Europe. The continent of Europe including the countries of: 
Albania, Andorra, Austria, Belgium, Bosnia-Herzogovania, Bulgaria, 
Bylorus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, 
Germany, Gibraltar, Greece, Greenland, Hungary, Iceland, Ireland, 
Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, 
Moldavia, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San 
Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United 
Kingdom (England, Scotland, Wales, Northern Ireland, Channel Islands, 
Isle of Man), Vatican City, Yugoslavia.
    Exposed. (1) An animal or means of conveyance that has been in 
contact with or that can reasonably be expected to have been in contact 
with an animal, feed, water, air, soil, tools, or other objects, 
insects, or ectoparasites infected or contaminated with a communicable 
disease agent, as determined by the Administrator.
    (2) A region or premises where an animal, feed, water, air, soil, 
tools or other objects, insects, or ectoparasites contaminated with a 
communicable disease agent are or have been present.
    (i) Direct exposure. Exposure by coming into direct contact with an 
infected animal, or with feed, water, air, soil, tools, or other 
objects that have been contaminated by discharges from an infected 
animal.
    (ii) Indirect exposure. Exposure by coming into contact with vector 
insects or ectoparasites, or objects that have been contaminated other 
than by discharge from an infected animal.
    Herd. (1) A group of animals under common ownership or supervision 
that are maintained and intermingle on one or more parts of a single 
premises (farm, ranch, feedlot, etc.); or
    (2) A group of animals under common ownership or supervision 
maintained on geographically separated premises, but that have been 
interchanged between the different premises or have been otherwise 
intermingled.
    Herd incidence rate. The proportion of herds, flocks or other 
groups of animals affected with a communicable disease within a 
specified period of time (usually 1 year). A herd, flock, or other 
group of animals would be counted only once during the specified time 
period regardless of the number of cases that may occur in the group of 
animals during the time period.
    Import (imported, importation) into the United States. To bring 
into the territorial limits of the United States.
    Livestock. Domesticated species of cattle, swine, sheep, goats, 
llamas, or horses that normally and historically have been kept and 
raised on farms. ``Livestock'' also includes bison, cervidae, and other 
species kept in captivity for production of food or fiber, or other 
commercial purposes.
    Middle America. Part of the continent of North America including 
the countries of: Belize, Costa Rica, El Salvador, Guatemala, Honduras, 
Nicaragua, Panama.
    Middle East. Parts of the continent of Asia and islands of the 
Mediterranean Sea, including the countries of: Bahrain, Cyprus, Iraq, 
Israel, Jordan, Kuwait, Lebanon, Malta, North Yemen, Oman, Palestine, 
Qatar, Saudi Arabia, South Yemen, Syria, Turkey, United Arab Emirates.
    Moved directly. Moved (shipped, transported, or otherwise moved) 
without unloading and without stopping except for refueling, or for 
traffic conditions such as traffic lights or stop signs.
    New Zealand. The islands that comprise the country of New Zealand.
    North America. Part of the continent of North America including the 
countries of Canada, Mexico, United States.
    Oceania. Islands of the Pacific and Indian Oceans including the 
countries of: Brunei, Fiji, French Polynesia, Indonesia, Kiribati, 
Maldives, Mauritius, Nauru, New Caledonia, Papua New Guinea, 
Philippines, Seychelles, Solomon Islands, Tonga, Vanuatu, Western 
Samoa.
    Passive surveillance. A surveillance system that does not depend on 
active 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

[[Page 17022]]

procedures and laboratory support, and periodic public information and 
continuing education programs on diseases.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Provisional quarantine. Restrictions placed on movements of 
vaccinated livestock where the restricted agent in question is not 
known to exist, but the livestock may be exposed. Limited movement may 
be allowed from such a premises for livestock to go directly to 
slaughter or to a slaughter animal assembly point, or, in the case of 
vaccinated livestock not known to be affected, the animals may be moved 
to affected regions or regions that permit vaccination.
    Quarantine. Confinement of all susceptible animals, animal 
products, feed, farm machinery, other equipment, means of conveyance, 
and any other potentially contaminated objects to a premises or region 
where infection with a specific restricted agent has been found or is 
suspected to exist.
    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 (premises, zone, County, Department, 
Municipality, Parish, Province, State, etc.);
    (3) Parts of several national entities combined into a region; or
    (4) A group of national entities (countries) combined into a single 
trading block.
    Restricted agent. A livestock communicable disease agent, vector, 
or host of an agent, 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.
    Risk Class regions. Exporting regions designated by the 
Administrator according to the results of qualitative or quantitative 
risk assessment criteria, as set forth in Sec. 92.3, based on the risk 
of importing a restricted agent by unrestricted importation of live 
animals. Exporting regions will be classified into one of the following 
risk classes:
    (1) Risk Class RN (Negligible Risk). A Risk Class RN region is not 
known to be affected with a restricted agent, and is physically 
isolated from any region known to be affected with a restricted agent. 
The probability in a Quantitative Risk Assessment of the introduction 
of a restricted agent through an unrestricted importation from a Risk 
Class RN region is less than 10-6 per live animal.
    (2) Risk Class R1 Region (Slight Risk). A Risk Class R1 region is 
not known to be affected with a restricted agent. The probability in a 
Quantitative Risk Assessment of the introduction of a restricted agent 
through an unrestricted importation from a Risk Class R1 region is less 
than 10-5 per live animal.
    (3) Risk Class R2 Region (Low Risk). A Risk Class R2 region is not 
known to be affected with a restricted agent. The probability in a 
Quantitative Risk Assessment of the introduction of a restricted agent 
through an unrestricted importation from a Risk Class R2 region is less 
than 10-4 per live animal.
    (4) Risk Class R3 Region (Moderate Risk). A Risk Class R3 region is 
currently known to be affected with a restricted agent. The probability 
in a Quantitative Risk Assessment of the introduction of a restricted 
agent through an unrestricted importation from a Risk Class R3 region 
is less than 10-3 per live animal.
    (5) Risk Class R4 Region (High Risk). A Risk Class R4 region is 
currently known to be affected with a restricted agent. The probability 
in a Quantitative Risk Assessment of the introduction of a restricted 
agent through an unrestricted importation from a Risk Class R4 region 
is less than 10-2 per live animal.
    (6) Risk Class RU Region (Unknown Risk). A Risk Class RU region is 
an unclassified region that, due to lack of reliable information or 
other reasons, does not meet the requirements of any of the above 
classifications. The probability in a Quantitative Risk Assessment of 
the introduction of a restricted agent through an unrestricted 
importation is greater than 10-2 per live animal or unknown.
    Ruminants. All animals that chew the cud, such as cattle, 
buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.
    South America. The continent of South America including the 
countries of: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, 
French Guiana, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela.
    Surveillance. Systems to find, monitor, and confirm the existence 
or absence of a disease agent or agents in livestock, poultry and other 
animals. Surveillance may be passive or active.
    Susceptible animals. Animals that can become infected with a 
specific disease agent.
    Swine. The domestic hog and all varieties of wild hogs.
    Trail. Move animals from one place to another by having them walk 
under their own power, and by leading them by ropes or other devices 
tied to the animal and guided by persons or trained animals.
    Transported. Moved or shipped from one place to another by means of 
aircraft, truck, train, cart, or other means of conveyance.
    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  Restricted agents and vectors.

    (a) Restricted contagious disease agents that affect livestock or 
poultry and that are not known to exist in the United States.

African swine fever virus
Bovine spongiform encephalopathy (BSE) agent
Brucella melitensis
Contagious agalactia of sheep and goats (Mycoplasma agalactiae)
Contagious bovine pleuropneumonia (Mycoplasma mycoides subsp. 
mycoides)
Contagious caprine pleuropneumonia (Mycoplasma mycoides subsp. 
capri)
Foot-and-mouth disease virus
Goat pox virus
Hog Cholera (Classical swine fever) virus
Malignant catarrhal fever virus (African or Wildebeest form)
Peste des petits ruminants (Kata) virus
Pseudomonas pseudomallei (melioidosis)
Rinderpest virus
Sheep pox virus
Swine vesicular disease virus
Teschen disease virus
Vesicular Stomatitis virus

    (b) Restricted contagious disease agents that affect livestock and 
that exist in the United States, but that are subject to cooperative 
Federal/State control or eradication programs:

Brucella abortus (brucellosis or Bangs disease)
Brucella suis
Mycobacterium bovis (bovine tuberculosis)
Pseudorabies virus
Scrapie disease agent

    (c) Restricted ectoparasites. The following ectoparasites of 
animals are not known to exist in the United States or are subject to 
cooperative Federal/State control programs in the United States:
    (1) Ticks.

Amblyomma astrion
A. cohaerens
A. gemma
A. hebraeum
A. javanense
A. lepidum

[[Page 17023]]

A. marmoreum
A. pomposum
A. sparsum
A. testudinarium
A. tholloni
A. variegatum
Boophilus annulatus
B. decoloratus
B. florae
B. geigyi
B. kohlsi
B. microplus
Dermacentor daghestanicus
D. marginatus
D. nuttalli
D. pictus
D. reticulatus
D. silvarium
Haemaphysalis bispinosa
H. leachii
H. longicornis
H. otophila
H. punctata
H. sulcata
Hyalomma anatolicum anatolicum
H. anatolicum excavatum
H. detritum
H. dromedarii
H. marginatum marginatum
H. marginatum rufipes
H. marginatum turanicum
H. scupense
H. truncatum
Ixodes persulcatus
I. pilosus
I. ricinus
Onithodoros erraticus
O. moubata
O. moubata porcinus
Rhipicephalus appendiculatus
R. bursa
R. capensis

R. compositus
R. evertsi evertsi
R. evertsi mimeticus
R. glabroscutatum
R. kochi
R. lunulatus
R. pulchellus
R. simus
R. turanicus
R. zambeziensis

    (2) Mites.

Chorioptes bovis, various subspecies of which cause mange in horses, 
cattle, and sheep.
Psorergates ovis, the causative agent of sheep scabies.
Psoroptes cuniculi, the causative agent of ear mange in goats and 
rabbits.
P. ovis, various subspecies of which cause Common scabies in sheep, 
cattle, and horses.
Sarcoptes scabiei, various subspecies of which cause scabies and 
mange in horses, cattle, sheep, and swine.

    (3) Insects.

Chrysomyia bezziana (Old world screwworm)
Cochliomyia hominivorax (Callitroga americana) (New world screwworm)
Hippobosca spp. and Lipoptema spp. (louse flies)

    (d) Restricted vector-borne disease agents that affect animals and 
that are not known to exist in the United States but which could be 
transmitted by native vectors in the United States.

    (1) Tick-borne agents.

Bovine petechial fever (Ondiri disease) due to (Cytoecetes) ondiri
Congo (Crimean Hemorrahagic Disease) virus
Heartwater due to Cowdria ruminatium
Jembrana (Tabanan) virus
Nairobi sheep disease (Dugbe, Ganjam) virus
Theileria spp. (east coast fever, corridor disease, Mediterranean 
fever)
Tick-borne encephalitis (louping ill, Central European encephalitis) 
virus
Tick-borne fever due to Erlichia (Cytoecetes) phagocytophilia

    (2) Insect-transmitted agents.

African (salivarian- or tsetse-transmitted) Trypanosoma spp. (T. 
brucei, T. congolense, T. evansi, T. suis, T. simiae, T. uniforme, 
T. vivax)
Aino virus
Akabane virus
Besnoitia besnoiti (globidiosis)
Bluetongue virus (except serotypes 10, 11, 13 and 17)
Bovine ephemeral fever group (Kotonkan, Obodhiang) virus
Epizootic hemorrhagic disease of deer (Ibaraki) virus (except 
serotypes 1 and 2)
Getah virus
Japanese encephalitis virus
Lumpy Skin disease virus
Parafilariosis due to Parafilaria bovicola
Rift Valley fever virus
Trypanosoma spp. transmitted by vectors other than tsetse flies 
(NTT-Trypanosomas)
Wesselsbron virus
    (e) Other agents affecting domestic livestock.


Taenia (Multiceps) multiceps (dog tapeworm) in livestock handling 
dogs


Sec. 92.3  Criteria for risk classification.

    (a) Risk Class RN Region (Negligible Risk). A Risk Class RN region 
must meet either the provisions of paragraphs (a)(1)(i) through 
(a)(1)(viii) of this section or the provisions of paragraph (a)(2) of 
this section, and, if applicable, the provisions of paragraph (a)(3) of 
this section.
    (1)(i) The restricted agent has not been diagnosed within the 
region during the lifetime of any currently living susceptible animal;
    (ii) The restricted agent is not known to exist within any adjacent 
defined region;
    (iii) Vaccination for the restricted agent has been prohibited 
within the region during the lifetime of any currently living 
susceptible animal (exceptions may be made for certain diseases such as 
vector-transmitted diseases, or animals specifically vaccinated to meet 
import requirements of other regions, when the Administrator determines 
that such vaccination would not increase the risk of importing 
restricted agents into the United States);
    (iv) Any adjacent R1 or R2 regions for the restricted agent are 
separated by natural or man-made physical barriers or protected 
borders;
    (v) All border access points from adjacent R1 or R2 regions for the 
restricted agent are controlled to prevent movement of susceptible 
animals or animal products from the adjacent regions except under 
conditions that have been reviewed and approved by the Administrator;
    (vi) Movement of animals and animal products into the region from 
R1, R2, R3, R4 or RU regions for the restricted agent is done only 
under conditions that have been reviewed by the Administrator and that 
have been determined to achieve the same level of biosecurity as 
required for importations from R1, R2, R3, R4, or RU regions into the 
United States;
    (vii) The region maintains a passive surveillance system to detect 
restricted agents in a timely fashion, as determined by the 
Administrator; and
    (viii) The region maintains policies and infrastructure to respond 
to any occurrences of a restricted agent.
    (2) The region or country requesting Risk Class RN classification 
submits a quantitative risk assessment that is determined by the 
Administrator to be scientifically valid and to demonstrate that fewer 
than 1 per 1 million (1  x  10-6) live animals in the region would 
be expected to be affected with the restricted agent.
    (3) A region previously classified as Risk Class RN that has an 
occurrence of the restricted agent may be reclassified as Risk Class RN 
3 years after all known infected and exposed reservoirs of the disease 
in the region have been eliminated.
    (b) Risk Class R1 Region (Slight Risk). A Risk Class R1 region must 
meet either the provisions of paragraphs (b)(1)(i) through (b)(1)(ix) 
of this section or the provisions of paragraph (b)(2) of this section, 
and, if applicable, the provisions of paragraph (b)(3) of this section.
    (1)(i) Except for BSE, the restricted agent has not been diagnosed 
within the region within the past 5 years;
    (ii) For BSE, no cases have been diagnosed in the region within the 
last 10 years;
    (iii) Vaccination for the restricted agent is prohibited within the 
region (exceptions may be made for certain restricted agents such as 
vector transmitted diseases or for animals specifically vaccinated to 
meet import

[[Page 17024]]

requirements of other regions, when the Administrator determines that 
such vaccination would not increase the risk of importing restricted 
agents into the United States);
    (iv) Any animals previously vaccinated against the disease have 
been slaughtered or moved out of the region, or are under provisional 
quarantine (exceptions may be made for certain restricted agents such 
as vector-transmitted diseases or animals specifically vaccinated to 
meet import requirements of other regions, when the Administrator 
determines that such vaccination would not increase the risk of 
importing restricted agents into the United States);
    (v) Any adjacent R2, R3, R4 or RU regions for the restricted agent 
are separated by natural or man-made physical barriers or protected 
borders;
    (vi) All border access points from adjacent R2, R3, R4 or RU 
regions for the restricted agent are strictly controlled to prevent 
movement of susceptible animals or animal products from the adjacent 
regions, except under conditions that have been reviewed and approved 
by the Administrator;
    (vii) Movement of animals and animal products into the region from 
R2, R3, R4 or RU regions for the restricted agent is done only under 
conditions that have been reviewed by the Administrator and have been 
determined to achieve the same level of biosecurity as required for 
importation from R2, R3, R4, or RU regions into the United States;
    (viii) The region maintains passive and active surveillance systems 
to detect restricted agents in a timely fashion, as determined by the 
Administrator; and
    (ix) The region maintains policies and infrastructure to respond to 
any occurrences of a restricted agent.
    (2) The region or country requesting Risk Class R1 classification 
submits a quantitative risk assessment that is determined by the 
Administrator to be scientifically valid and to demonstrate that fewer 
than 1 per 100,000 (1  x  10-5) live animals in the region would 
be expected to be affected with the restricted agent.
    (3) A region previously classified as Risk Class RN or R1 that has 
an occurrence of a restricted agent may be reclassified as R1 2 years 
after all known infected and exposed reservoirs of the restricted agent 
in the region have been eliminated.
    (c) Risk Class R2 Region (Low Risk). A Risk Class R2 region must 
meet either the provisions of paragraphs (c)(1)(i) through (c)(1)(viii) 
of this section or the provisions of paragraph (c)((2) of this section.
    (1)(i) Except for BSE or scrapie, the restricted agent has not been 
diagnosed within the region during the past year and the maximum annual 
herd incidence of the restricted agent over the past 5 years is less 
than 0.1 percent;
    (ii) For BSE and scrapie, there have been no cases of the disease 
during the past 5 years;
    (iii) Vaccination for the restricted agent is prohibited within the 
region or is limited to those herds that are at greatest risk of 
exposure from animals from affected regions (exceptions may be made for 
certain diseases such as vector-transmitted diseases or animals 
specifically vaccinated to meet import requirements of other regions, 
when the Administrator determines that such vaccination would not 
increase the risk of importing restricted agents into the United 
States);
     (iv) Any adjacent R3, R4 or RU regions for the restricted agent 
are separated by natural or man-made physical barriers, or protected 
borders;
     (v) All border access points from adjacent R3, R4 or RU regions 
for the restricted agent are controlled to prevent movement of 
susceptible animals or animal products from the adjacent regions except 
under conditions that have been reviewed and approved by the 
Administrator;
     (vi) Movement of animals and animal products into the region from 
R3, R4 or RU regions for the restricted agent is done only under 
conditions that have been reviewed by the Administrator and that have 
been determined to achieve the same level of biosecurity as required 
for importation from R3, R4, or RU regions into the United States;
     (vii) The region maintains passive and active surveillance systems 
to detect the restricted agent in a timely fashion, as determined by 
the Administrator; and
     (viii) The region maintains policies and infrastructure to respond 
to any occurrences of the restricted agent.
     (2) The region or country requesting Risk Class R2 classification 
submits a quantitative risk assessment that is determined by the 
Administrator to be scientifically valid and to demonstrate that fewer 
than 1 per 10,000 (1 x 10-4) live animals in the region would be 
expected to be affected with the restricted agent.
    (d) Risk Class R3 Region (Moderate Risk). A Risk Class R3 region 
must meet either the provisions of paragraphs (d)(1)(i) through 
(d)(1)(viii) of this section or the provisions of paragraph (d)(2) of 
this section.
     (1)(i) The restricted agent has been diagnosed within the region 
during the past year, but the annual herd incidence of the disease over 
the past 5 years has not exceeded 0.1 percent;
     (ii) An active control program with a goal of eradication for the 
restricted agent is in operation in the region;
     (iii) Vaccination for the restricted agent is currently limited to 
those herds at greatest risk of infection (exceptions may be made for 
certain diseases, such as vector-transmitted diseases, or for animals 
specifically vaccinated to meet import requirements of other regions, 
when the Administrator determines that such vaccination would not 
increase the risk of importing restricted agents into the United 
States);
     (iv) Any adjacent R4 or RU regions for the restricted agent are 
separated by natural or man-made physical barriers or protected 
borders;
     (v) All border access points from adjacent R3, R4 or RU regions 
for the restricted agent are strictly controlled to prevent movement of 
susceptible animals or animal products from the adjacent regions except 
under conditions that have been reviewed and approved by the 
Administrator;
     (vi) Movement of animals and animal products into the region is 
done only under conditions that have been reviewed by the Administrator 
and that have been determined to achieve the same level of biosecurity 
as required for importation from R4 or RU regions into the United 
States;
     (vii) The region maintains passive and active surveillance systems 
to detect the restricted agent in a timely fashion, as determined by 
the Administrator; and
     (viii) The region maintains policies and infrastructure to 
eliminate any outbreaks of the restricted agent that may occur.
     (2) The region or country requesting Risk Class R3 classification 
submits a quantitative risk assessment that is determined by the 
Administrator to be scientifically valid and to demonstrate that fewer 
than 1 per 1,000 (1 x 10-3) live animals in the region would be 
expected to be affected with the restricted agent.
    (e) Risk Class R4 Region (High Risk). A Risk Class R4 region must 
meet either the provisions of paragraphs (e)(1)(i) through (e)(1)(vi) 
of this section or the provisions of paragraph (e)(2) of this section. 
(1)(i) A restricted agent has been diagnosed within the region within 
the past year and the annual herd incidence of the disease over the 
past 5 years may have exceeded 0.1 percent in 1 or more years or is 
unknown;
     (ii) A control program for restricted agents may be in operation 
in the region but does not meet the minimum standards for a Risk Class 
R3 region;
     (iii) Vaccination for the restricted agent may vary from herd to 
herd. If

[[Page 17025]]

vaccination is used as the primary control procedure, at least 80 
percent of the livestock in 80 percent of the herds must be vaccinated 
as often as recommended by the manufacturers of the vaccine;
     (iv) Movement of animals and animal products into the region may 
not be adequately controlled from regions that are Risk Class R3, R4, 
or RU for the restricted agent;
     (v) The region maintains a passive and active surveillance system 
for the restricted agent at a level that may not fully meet standards 
for a Risk Class R3 region; and
     (vi) The region maintains policies and infrastructure to 
effectively control and restrict spread of any outbreaks of the 
restricted agent that may occur.
     (2) The region or country requesting Risk Class R4 classification 
submits a quantitative risk assessment that is determined by the 
Administrator to be scientifically valid and to demonstrate that fewer 
than 1 per 100 (1 x 10-2) live animals in the region would be 
expected to be affected with the restricted agent.
     (f) Risk Class RU Region (Unknown Risk). A Risk Class RU region 
will be classified using the following criteria:
    (1) All countries and regions of the world that do not have 
specific classification as Risk Class RN, R1, R2, R3 or R4, and that 
have not been previously designated as a country not affected with a 
restricted agent will be classified as an RU region.
     (2) Any region classified in this part as an RU region for any 
restricted agents of livestock may request classification as an RN, R1, 
R2, R3, or R4 region. All requests for reclassification will be 
reviewed and acted upon according to the procedures set forth in 
Sec. 92.5.


Sec. 92.4  Risk classification by region and restricted disease agent.

     (a) Risk classification by region.
 Abbreviations used:

 AIN = Aino virus
 AKA = Akabane virus
 ASF = African swine fever virus
 BB = Besnoitia besnoiti (globidiosis)
 BEF = Bovine ephemeral fever group (Kotonkan Obodhiang) virus
 BLU = Bluetongue virus (except serotypes 10, 11, 13 and 17)
 BPF = Bovine petechial fever (Ondiri disease) due to Erlichia 
(Cytoecetes) ondiri
 BR-A = Brucella abortus (brucellosis or Bangs disease)
 BR-M = Brucella melitensis
 BR-S = Brucella suis
 BR-S4 = Brucella suis biovar 4
 BSE = Bovine spongiform encephalopathy (BSE) agent
 CASG = Contagious agalactia of sheep and goats (Mycoplasma agalactiae)
 CBPP = Contagious bovine pleuropneumonia (Mycoplasma mycoides subsp. 
mycoides)
 CCPP = Contagious caprine pleuropneumonia (Mycoplasma mycoides subsp. 
capri)
 CHD = Congo (Crimean Hemorrhagic Disease) virus
 ECF = Theileria spp. (east coast fever, corridor disease, 
Mediterranean fever)
 ECTO = Restricted ectoparasites
 EHD = Epizootic hemorrhagic disease of deer (Ibaraki) virus (except 
serotypes 1 and 2)
 FMD = Foot-and-mouth disease virus
 GET = Getah virus
 GPV = Goat pox virus
 HC = Hog Cholera (Classical swine fever) virus
 HW = Heartwater due to Cowdria ruminatium
 JEM = Jembrana (Tabanan) virus
 JEV = Japanese encephalitis virus
 LSD = Lumpy Skin disease virus
 MCF = Malignant catarrhal fever virus (African or Wildebeest form)
 MEL = Pseudomonas pseudomallei (melioidosis)
 NEE = Near East Encephalitis virus
 NSD = Nairobi sheep disease (Dugbe, Ganjam) virus
 PARF = Parafilariosis due to Parafilaria bovicola
 PPR = Peste des petits ruminants (Kata) virus
 PRV = Pseudorabies virus
 RP = Rinderpest virus
 RVF = Rift Valley fever virus
 SCR = Scrapie disease agent
 SPV = Sheep pox virus
 SVD = Swine vesicular disease virus
 TB = Mycobacterium bovis (bovine tuberculosis)
 TBE = Tick-borne encephalitis (louping ill, Central European 
encephalitis) virus
 TBF = Tick-borne fever due to Erlichia (Cytoecetes) phagocytophilia.
 TD = Teschen disease virus
 TM = Taenia (Multiceps) multiceps (dog tapeworm) in livestock handling 
dogs
 TRY-NTT = Trypanosoma spp. transmitted by vectors other than tsetse 
flies (NTT-Trypanosomas)
 TRY-TT = African (salivarian- or tsetse-transmitted) Trypanosoma spp. 
(T. brucei, T. congolense, T. evansi, T. suis, T. simiae, T. uniforme, 
T. vivax)
 VSV = Vesicular Stomatitis virus
 WB = Wesselsbron virus

[[Page 17026]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Risk class RN       Risk class R1       Risk class R2       Risk class R3       Risk class R4       Risk class RU  
             Region                     regions             regions             regions             regions             regions             regions     
--------------------------------------------------------------------------------------------------------------------------------------------------------
Africa..........................  BSE, BR-S4, GET,    ..................  ..................  ..................  ..................  AIN, AKA, ASF,    
                                   JEM, JEV, TD,                                                                                       BLU, BB, BEF,    
                                   TBE, VSV.                                                                                           BPF, BR-A, BR-M, 
                                                                                                                                       BR-S, CASG, CBPP,
                                                                                                                                       CHD, CCPP, ECF,  
                                                                                                                                       ECTO, EHD, FMD,  
                                                                                                                                       GPV, HC, HW, LSD,
                                                                                                                                       MCF, MEL, NEE,   
                                                                                                                                       NSD, PARF, PPR,  
                                                                                                                                       PRV, RP, RVF,    
                                                                                                                                       SCR, SPV, SVD,   
                                                                                                                                       TM, TB, TBF, TRY-
                                                                                                                                       NTT, TRY-TT, WB. 
    Algeria                                                                                                                                             
    Angola                                                                                                                                              
    Benin                                                                                                                                               
    Botswana                                                                                                                                            
    Burkina Faso                                                                                                                                        
    Burundi                                                                                                                                             
    Cameroon                                                                                                                                            
    Cent. African Rep.                                                                                                                                  
    Chad                                                                                                                                                
    Comoros                                                                                                                                             
    Congo                                                                                                                                               
    Djibouti                                                                                                                                            
    Egypt                                                                                                                                               
    Equatorial Guinea                                                                                                                                   
    Gabon                                                                                                                                               
    Ghana                                                                                                                                               
    Guinea                                                                                                                                              
    Guinea-Bissau                                                                                                                                       
    Ivory Coast                                                                                                                                         
    Kenya                                                                                                                                               
    Lesotho                                                                                                                                             
    Liberia                                                                                                                                             
    Libya                                                                                                                                               
    Madagascar                                                                                                                                          
    Malawi                                                                                                                                              
    Mali                                                                                                                                                
    Mauritania                                                                                                                                          
    Morocco                                                                                                                                             
    Mozambique                                                                                                                                          
    Namibia                                                                                                                                             
    Niger                                                                                                                                               
    Nigeria                                                                                                                                             
    Rwanda                                                                                                                                              
    Sao Tome and Princip                                                                                                                                
    Senegal                                                                                                                                             
    Sierra Leone                                                                                                                                        
    Somalia                                                                                                                                             
    South Africa                                                                                                                                        
    Sudan                                                                                                                                               
    Swaziland                                                                                                                                           
    Tanzania                                                                                                                                            
    The Gambia                                                                                                                                          
    Togo                                                                                                                                                

[[Page 17027]]

                                                                                                                                                        
    Tunisia                                                                                                                                             
    Uganda                                                                                                                                              
    Western Sahara                                                                                                                                      
    Zaire                                                                                                                                               
    Zambia                                                                                                                                              
    Zimbabwe                                                                                                                                            
Asia............................  ASF, BPF, BSE, BR-  ..................  ..................  ..................  ..................  AIN, AKA, BLU, BB,
                                   S4 except Russia;                                                                                   BEF, BR-A except 
                                   ECF, LSD, MCF,                                                                                      Japan; BR-M, BR- 
                                   RVF, TD, TRY-TT,                                                                                    S, CASG, CBPP,   
                                   VSV, WB.                                                                                            CHD, CCPP, ECTO, 
                                                                                                                                       EHD, FMD except  
                                                                                                                                       Japan & South    
                                                                                                                                       Korea; GET, GPV, 
                                                                                                                                       HW, HC, JEV, MEL,
                                                                                                                                       NEE, NSD, PARF,  
                                                                                                                                       PPR, PRV, RP     
                                                                                                                                       except Japan &   
                                                                                                                                       South Korea; SCR,
                                                                                                                                       SPV, SVD, TM, TB,
                                                                                                                                       TBE, TBF, TRY-   
                                                                                                                                       NTT.             
    Afghanistan.................  JEM                                                                                                                   
    Armenia.....................  JEM                                                                                                                   
    Azerbaijan..................  JEM                                                                                                                   
    Bangladesh..................  ..................  ..................  ..................  ..................  ..................  JEM               
    Bhutan......................  ..................  ..................  ..................  ..................  ..................  JEM               
    Burma.......................  ..................  ..................  ..................  ..................  ..................  JEM               
    Cambodia....................  ..................  ..................  ..................  ..................  ..................  JEM               
    China.......................  JEM                                                                                                                   
    Georgia.....................  JEM                                                                                                                   
    Hong Kong...................  JEM                                                                                                                   
    India.......................  ..................  ..................  ..................  ..................  ..................  JEM               
    Iran........................  JEM                                                                                                                   
    Japan.......................  JEM...............  FMD, RP...........  BR-A..............                                                            
    Kazakhstan..................  JEM                                                                                                                   
    Kygyzstan...................  JEM                                                                                                                   
    Laos........................  ..................  ..................  ..................  ..................  ..................  JEM               
    Macau.......................  JEM                                                                                                                   
    Malaysia....................  ..................  ..................  ..................  ..................  ..................  JEM               
    Mongolia....................  JEM                                                                                                                   
    Nepal.......................  JEM                                                                                                                   
    North Korea.................  JEM                                                                                                                   
    Pakistan....................  JEM                                                                                                                   
    Russia......................  JEM...............  ..................  ..................  ..................  ..................  BR-S4             
    Singapore...................  ..................  ..................  ..................  ..................  ..................  JEM               
    South Korea.................  JEM...............  FMD, RP...........                                                                                
    Sri Lanka...................  ..................  ..................  ..................  ..................  ..................  JEM               
    Taiwan......................  JEM                                                                                                                   
    Tajikistak..................  JEM                                                                                                                   
    Thailand....................  ..................  ..................  ..................  ..................  ..................  JEM               
    Turkistan...................  JEM                                                                                                                   
    Ukraine.....................  JEM                                                                                                                   
    Uzbekistan..................  JEM                                                                                                                   
    Vietnam.....................  ..................  ..................  ..................  ..................  ..................  JEM               

[[Page 17028]]

                                                                                                                                                        
Atlantic........................  ASF, AIN, AKA, BB,  ..................  ..................  ..................  ..................  BLU, BR-A, BR-M,  
                                   BEF, BPF, BSE, BR-                                                                                  BR-S, CASG, ECTO,
                                   S4, CHD, CBPP,                                                                                      EHD, FMD except  
                                   CCPP, ECF, GET,                                                                                     Bermuda; HW, HC, 
                                   GPV, JEV, JEM,                                                                                      PARF, PRV, RP    
                                   LSD, MCF, MEL,                                                                                      except Bermuda;  
                                   NEE, NSD, PPR,                                                                                      SCR, SVD, TM, TB 
                                   NEE, RVF, SPV,                                                                                      except Bermuda   
                                   TD, TBE, TBF, TRY-                                                                                  and Falkland     
                                   NTT, TRY-TT, VSV,                                                                                   Islands.         
                                   WB.                                                                                                                  
    Bermuda.....................  FMD, RP, TB                                                                                                           
    Cape Verde                                                                                                                                          
    Falkland Islands............  TB                                                                                                                    
    South Georgia                                                                                                                                       
Australia.......................  ASF, BB, BPF, BR-   BR-A, CBPP, JEM...  ..................  ..................  ..................  AIN, AKA, ASF,    
                                   M, BR-S4, BSE,                                                                                      BLU, BEF, BR-S,  
                                   CASG, ECF, FMD,                                                                                     CHD, CCPP, ECTO, 
                                   HW, HC, LSD, MCF,                                                                                   EHD, GET, GPV,   
                                   NEE, NSD, PPR,                                                                                      JEV, MEL, PARF,  
                                   RP, RVF, SCR,                                                                                       PRV, TM, TB.     
                                   SPV, SVD, TBE,                                                                                                       
                                   TBF, TD, TRY-NTT,                                                                                                    
                                   TRY-TT, VSV, WB.                                                                                                     
Caribbean.......................  AIN, AKA, BB, BEF,  ASF except Cuba     ..................  ..................  ..................  BLU, BR-A, BR-M,  
                                   BPF, BR-S4, CASG,   and Haiti,.                                                                     BR-S, BSE, ECTO, 
                                   CBPP, CHD, CCPP,                                                                                    EHD, HW, HC, MEL,
                                   ECF, FMD except                                                                                     PRV, SCR, SVD    
                                   The Bahamas GET,                                                                                    except Haiti,    
                                   GPV, JEV, JEM,                                                                                      Dominican        
                                   LSD, MCF, NEE,                                                                                      Republic, and The
                                   NSD, PARF, PPR,                                                                                     Bahamas; TB      
                                   RVF, RP except                                                                                      except the       
                                   The Bahamas, SPV,                                                                                   Bahamas, TRY-NTT.
                                   TM, TBE, TBF, TD,                                                                                                    
                                   TRY-TT, VSV, WB.                                                                                                     
    Anguilla                                                                                                                                            
    Aruba                                                                                                                                               
    Barbados                                                                                                                                            
    British Virgin Islands                                                                                                                              
    Cayman Islands                                                                                                                                      
    Cuba........................  ..................  ..................  ..................  ..................  ..................  ASF               
    Dominica                                                                                                                                            
    Dominican Republic..........  SVD                                                                                                                   
    Grenada                                                                                                                                             
    Guadeloupe                                                                                                                                          
    Haiti.......................  SVD...............  ..................  ..................  ..................  ..................  ASF               
    Jamaica                                                                                                                                             
    Martinique                                                                                                                                          
    Montserrat                                                                                                                                          
    Netherlands Antilles                                                                                                                                
    Puerto Rico                                                                                                                                         
    Saint Lucia                                                                                                                                         
    Saint Vincent                                                                                                                                       
    The Bahamas.................  SVD, TB...........  FMD, RP...........                                                                                

[[Page 17029]]

                                                                                                                                                        
    Trinidad and Tobago                                                                                                                                 
    Turks and Caicos                                                                                                                                    
    U.S. Virgin Islands                                                                                                                                 
Europe..........................  AIN, AKA, BLU       ASF except Italy,   ..................  ..................  ..................  BB, BR-S except   
                                   except Greece       Spain, and                                                                      Ireland and      
                                   BEF, BPF, BR-S4,    Portugal.                                                                       United Kingdom;  
                                   ECF, EHD, GET,                                                                                      CASG, CHD, CCPP, 
                                   HW, JEV, JEM,                                                                                       ECTO, GPV, PARF, 
                                   LSD, MCF, MEL,                                                                                      PRV, SCR, SPV,   
                                   NEE, NSD, PPR,                                                                                      TM, TBE, TBF, TD.
                                   RVF, TRY-NTT, TRY-                                                                                                   
                                   TT, VSV, WB.                                                                                                         
    Albania.....................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
    Andorra.....................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
    Austria.....................  ..................  CBPP, FMD, RP,      ..................  ..................  ..................  BR-A, BR-M, TB.   
                                                       SVD, BSE.                                                                                        
    Belgium.....................  ..................  CBPP, FMD, RP, BSE  ..................  ..................  ..................  BR-A, BR-M, SVD,  
                                                                                                                                       TB.              
    Bosnia-Herzogovina..........  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, RP,   
                                                                                                                                       SVD, FMD, TB.    
    Bulgaria....................  BR-A..............  CBPP, RP, BSE.....  ..................  ..................  ..................  FMD, RP, SVD, TB. 
    Bylorus.....................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, FMD, RP,    
                                                                                                                                       SVD, TB.         
    Croatia.....................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, FMD, RP,    
                                                                                                                                       SVD, TB.         
    Czech Republic..............  BR-M..............  BR-A, BSE, CBPP,    ..................  ..................  ..................  FMD, RP, SVD, TB. 
                                                       RP.                                                                                              
    Denmark.....................  BR-A, BR-M........  CBPP, FMD, RP, SVD  ..................  ..................  ..................  BSE, TB.          
    Estonia.....................  BR-M..............  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
    Finland.....................  BR-A, BR-M, TB....  CBPP, FMD, BSE, RP                                                                                
                                                       SVD.                                                                                             
    France......................  ..................  CBPP..............  ..................  ..................  ..................  BR-A, BSE, SVD,   
                                                                                                                                       TB.              
    France except St. Pierre and  ..................  FMD, RP...........  ..................  ..................  ..................  TB.               
     Miquelon.                                                                                                                                          
    France (Territory of St       FMD, RP...........  ..................  ..................  ..................  ..................  TB.               
     Pierre and Miquelon).                                                                                                                              
    Germany.....................  ..................  CBPP, BR-A, BSE,    ..................  ..................  ..................  BR-M, SVD, TB.    
                                                       FMD, RP.                                                                                         
    Gibraltar...................  ..................  CBPP, RP, BSA.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
    Greece......................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
    Greenland...................  BR-M, FMD, RP.....  CBPP, BSE.........  ..................  ..................  ..................  BR-A, BR-M, SVD,  
                                                                                                                                       TB.              
    Hungary.....................  BR-A..............  CBPP, FMD, BSE, RP  ..................  ..................  ..................  BR-M, SVD, TB.    
    Iceland.....................  BR-M, FMD, RP.....  CBPP, BSE.........  ..................  ..................  ..................  BR-A, SVD, TB.    
    Ireland.....................  BR-M, BR-S........  CBPP, FMD, RP, SVD  ..................  ..................  ..................  BR-A, BSE, TB.    
    Italy.......................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, SVD,  
                                                                                                                                       FMD, RP, TB.     
    Latvia......................  BR-M..............  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, SVD, FMD,   
                                                                                                                                       RP, TB.          
    Liechtenstein...............  ..................  CBPP, RP BSE......  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       SVD, RP, TB.     
    Lithuania...................  BR-M..............  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, FMD, SVD,   
                                                                                                                                       RP, TB.          
    Luxembourg..................  BR-M, TB..........  CBPP, RP, BSE, SVD  ..................  ..................  ..................  BR-A, FMD, RP.    

[[Page 17030]]

                                                                                                                                                        
    Moldavia....................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       SVD, RP, TB.     
    Monaco......................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A BR-M, FMD,   
                                                                                                                                       SVD, RP, TB.     
    Netherlands.................  BR-M..............  CBPP, FMD, BSE, RP  ..................  ..................  ..................  BR-A, SVD, TB.    
    Norway......................  BR-A, BR-M, TB....  CBPP, FMD, RP,                                                                                    
                                                       BSE, SVD.                                                                                        
    Poland......................  BR-M..............  CBPP, FMD, BSE, RP  ..................  ..................  ..................  BRA-A, SVD.       
    Portugal....................  ..................  FMD, BSE, RP......  ..................  ..................  ..................  CBPP, BR-A, BR-M, 
                                                                                                                                       SVD, RP, TB.     
    Romania.....................  BR-A..............  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-M, FMD, SVD,   
                                                                                                                                       RP, TB.          
    San Marino..................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       SVD, RP, TB.     
    Slovakia....................  BR-M..............  CBPP, BR-A, RP....  ..................  ..................  ..................  FMD, BSE, SVD, RP,
                                                                                                                                       TB.              
    Slovenia....................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
    Spain.......................  ..................  FMD, RP, BSE......  ..................  ..................  ..................  BR-A, BR-M, CBPP, 
                                                                                                                                       SVD, TB.         
    Sweden......................  BR-A, BR-M........  CBPP, FMD, RP,      ..................  ..................  ..................  RP, TB.           
                                                       SVD, BSE.                                                                                        
    Switzerland.................  BR-A..............  CBPP, FMD, RP, SVD  ..................  ..................  ..................  BR-M, BSE, RP, TB.
    United Kingdom (Channel       BR-A, BR-M, BR-S..  CBPP, RP, SVD.....  ..................  ..................  ..................  BSE, TB except    
     Islands).                                                                                                                         Isle of Jersey.  
    United Kingdom (England,      BR-M, BR-S........  CBPP, BR-A, RP,     ..................  ..................  ..................  TB.               
     Northern Ireland, Scotland,                       SVD.                                                                                             
     Wales, Isle of Man).                                                                                                                               
    United Kingdom (Isle of       TB................                                                                                                    
     Jersey).                                                                                                                                           
    Vatican City................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, SVD,  
                                                                                                                                       RP, TB.          
    Yugoslavia..................  ..................  CBPP, RP, BSE.....  ..................  ..................  ..................  BR-A, BR-M, FMD,  
                                                                                                                                       RP, SVD, TB.     
Middle America..................  ASF, AIN, AKA, BB,  ..................  ..................  ..................  ..................  BLU, BR-A except  
                                   BEF, BPF, BSE, BR-                                                                                  Belize; BR-M, BR-
                                   S4, CASG, CBPP,                                                                                     S, ECTO, EHD, HC,
                                   CHD, CCPP, ECF,                                                                                     MEL, PRV, SCR,   
                                   FMD except                                                                                          TB, TRY-NTT, VSV.
                                   Panama; GET, GPV,                                                                                                    
                                   HW, JEV, JEM,                                                                                                        
                                   LSD, MCF, NEE,                                                                                                       
                                   NSD, PARF, PPR,                                                                                                      
                                   RP, RVF, SPV,                                                                                                        
                                   SVD, TM, TBE,                                                                                                        
                                   TBF, TD, TRY-TT,                                                                                                     
                                   WB.                                                                                                                  
    Belize......................  BR-A                                                                                                                  
    Costa Rica                                                                                                                                          
    El Salvador                                                                                                                                         
    Guatemala                                                                                                                                           
    Honduras                                                                                                                                            
    Nicaragua                                                                                                                                           
    Panama......................  ..................  FMD                                                                                               

[[Page 17031]]

                                                                                                                                                        
Middle East.....................  ASF, BEF, BPF, BR-  BSE except Oman...  ..................  ..................  ..................  AIN, AKA, BLU, BB,
                                   S4, ECF, GET, HW,                                                                                   BR-A except      
                                   JEV, JEM, NSD,                                                                                      Cyprus & Israel; 
                                   MCF, TBE, TD, TRY-                                                                                  BR-M, BR-S, CASG,
                                   TT, VSV, WB.                                                                                        CBPP, CHD, CCPP, 
                                                                                                                                       ECTO, EHD, FMD,  
                                                                                                                                       GPV, HC, LSD,    
                                                                                                                                       MEL, NEE, PARF,  
                                                                                                                                       PPR, PRV, RP,    
                                                                                                                                       RVF, SCR, SPV,   
                                                                                                                                       SVD, TM, TB      
                                                                                                                                       except Cyprus;   
                                                                                                                                       TBF, TRY-NTT.    
    Bahrain                                                                                                                                             
    Cyprus......................  BR-A, TB..........                                                                                                    
    Iraq                                                                                                                                                
    Israel......................  BR-A..............                                                                                                    
    Jordan                                                                                                                                              
    Kuwait                                                                                                                                              
    Lebanon                                                                                                                                             
    Malta                                                                                                                                               
    North Yemen                                                                                                                                         
    Oman                                                                                                                                                
    Palestine                                                                                                                                           
    Qatar                                                                                                                                               
    Saudi Arabia                                                                                                                                        
    South Yemen                                                                                                                                         
    Syria                                                                                                                                               
    Turkey                                                                                                                                              
    United Arab Emirates                                                                                                                                
    New Zealand.................  ASF, AIN, AKA,      ..................  ..................  ..................  ..................  BR-A, BR-S, CASG, 
                                   BLU, BB, BEF,                                                                                       ECTO, PRV, TM,   
                                   BPF, BR-M, BR-S4,                                                                                   TB.              
                                   BSE, CBPP, CHD,                                                                                                      
                                   CCPP, ECF, EHD,                                                                                                      
                                   FMD, GET, GPV,                                                                                                       
                                   HW, HC, JEV, JEM,                                                                                                    
                                   LSD, MCF, MEL,                                                                                                       
                                   NEE, NSD, PARF,                                                                                                      
                                   PPR, RP, RVF,                                                                                                        
                                   SCR, SPV, SVD,                                                                                                       
                                   TBE, TBF, TD, TRY-                                                                                                   
                                   NTT, TRY-TT, VSV,                                                                                                    
                                   WB.                                                                                                                  
North America...................  ASF, AIN, AKA, BB,                                                                                                    
                                   BEF, BPF, BLU,                                                                                                       
                                   CASG, CBPP, CHD,                                                                                                     
                                   CCPP, ECF, EHD,                                                                                                      
                                   FMD, GET, GPV,                                                                                                       
                                   HW, JEV, JEM,                                                                                                        
                                   LSD, MCF, NEE,                                                                                                       
                                   NSD, PARF, PPR,                                                                                                      
                                   RP, RVF, SPV,                                                                                                        
                                   SVD, TM, TBE,                                                                                                        
                                   TBF, TD, TRY-NTT,                                                                                                    
                                   TRY-TT, WB.                                                                                                          
    Canada......................  BR-M, BR-S, ECTO,   BR-A..............  TB................  SCR...............  ..................  BR-S4             
                                   HC, MEL, PRV.                                                                                                        

[[Page 17032]]

                                                                                                                                                        
    Mexico......................  ..................  ..................  ..................  ..................  ..................  BR-A, ECTO, HC    
                                                                                                                                       except the State 
                                                                                                                                       of Sonora; MEL,  
                                                                                                                                       BR-M, BR-S, PRV, 
                                                                                                                                       SCR, TB, VSV.    
    The State of Sonora in        ..................  HC................                                                                                
     Mexico.                                                                                                                                            
    United States                                                                                                                                       
Oceania.........................  ASF, BB, BPF, BSE,  ..................  ..................  ..................  ..................  AIN, AKA, BEF,    
                                   BR-M, BR-S4, CHD,                                                                                   BLU, BR-A except 
                                   HW, LSD, MCF,                                                                                       French Polynesia 
                                   NEE, NSD, PPR,                                                                                      & Papua New      
                                   RVF, TBE, TBF,                                                                                      Guinea; BR-S,    
                                   TD, TRY-TT, VSV,                                                                                    CASG, CBPP, CCPP,
                                   WB.                                                                                                 ECF, ECTO, EHD,  
                                                                                                                                       GET, GPV, HC,    
                                                                                                                                       JEV, JEM, MEL,   
                                                                                                                                       PARF, PRV, SCR,  
                                                                                                                                       SPV, TM, TB, TRY-
                                                                                                                                       NTT.             
    Brunei......................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Fiji........................  SVD...............  FMD, RP                                                                                           
    French Polynesia............  BR-A..............  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Indonesia...................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Kiribati....................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Maldives....................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Mauritius...................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Nauru.......................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    New Caledonia...............  ..................  FMD, RP...........  ..................  ..................  ..................  FMD, SVD.         
    Papau New Guinea............  BR-A..............  FMD, RP...........  ..................  ..................  ..................  SVD.              
    Philippines.................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Seychelles..................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Solomon Islands.............  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Tonga.......................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Trust territory of the        FMD, RP, SVD                                                                                                          
     Pacific Islands.                                                                                                                                   
    Vanuatu.....................  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
    Western Samoa...............  ..................  ..................  ..................  ..................  ..................  FMD, SVD, RP.     
South America...................  AIN, AKA, BEF,      ASF except Brazil.  ..................  ..................  ..................  BLU, BB, BR-A, BR-
                                   BPF, BR-S4, BSE,                                                                                    M, BR-S, ECTO,   
                                   CASG, CBPP, CHD,                                                                                    EHD, FMD except  
                                   CCPP, ECF, GET,                                                                                     Argentina, Chile,
                                   HW, JEV, JEM,                                                                                       and Uruguay; GPV,
                                   LSD, MCF, NEE,                                                                                      HC, MEL, PRV,    
                                   NSD, PARF, PPR,                                                                                     SCR, SPV, SVD    
                                   RP except Chile,                                                                                    except Chile; TM,
                                   RVF, TBE, TBF,                                                                                      TB, TRY-NTT, VSV.
                                   TD, TRY-TT, WB.                                                                                                      
    Argentina...................  ..................  ..................  FMD                                                                           
    Bolivia                                                                                                                                             
    Brazil......................  ..................  ..................  ..................  ..................  ..................  ASF.              
    Chile.......................  ..................  FMD, RP, SVD                                                                                      

[[Page 17033]]

                                                                                                                                                        
    Colombia                                                                                                                                            
    Ecuador                                                                                                                                             
    French Guiana                                                                                                                                       
    Guyana                                                                                                                                              
    Paraguay                                                                                                                                            
    Peru                                                                                                                                                
    Suriname                                                                                                                                            
    Uruguay.....................  ..................  FMD                                                                                               
    Venezuela                                                                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
(b) Risk classification by restricted disease agent.                                                                                                    



[[Page 17034]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Risk class RN       Risk class R1       Risk class R2       Risk class R3       Risk class R4       Risk class RU  
    Restricted disease agent            regions             regions             regions             regions             regions             regions     
--------------------------------------------------------------------------------------------------------------------------------------------------------
African swine fever.............  Asia, Atlantic,     Europe except       None..............  None..............  None..............  All regions of the
                                   Australia, Middle   Italy, Spain and                                                                world except     
                                   America, New        Portugal;                                                                       those            
                                   Zealand, North      Caribbean except                                                                specifically     
                                   America, Oceania.   Cuba and Haiti;                                                                 listed as Risk   
                                                       South America                                                                   Class RN, R1, R2,
                                                       except Brazil.                                                                  R3 or R4         
Aino virus......................  Atlantic,           None..............  ......do..........  ......do..........  ......do..........      Do.           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, South                                                                                                       
                                   America.                                                                                                             
Akabane virus...................  Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, South                                                                                                       
                                   America.                                                                                                             
Besnoitia besnoitii (globidosis)  Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Australia,                                                                                                           
                                   Caribbean, Middle                                                                                                    
                                   America, North                                                                                                       
                                   America, Oceania.                                                                                                    
Bluetongue virus (except          Europe except       ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 serotypes 10, 11, 13, 17).        Greece, New                                                                                                          
                                   Zealand, Canada,                                                                                                     
                                   Mexico.                                                                                                              
Bovine ephemeral fever virus      Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 group (Kotonkan, Obodhiang).      Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Bovine infectious petechial       Asia, Atlantic,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 fever.                            Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Bovine spongiform encephalopathy  Africa, Asia,       Middle East except  Canada............  ......do..........  ......do..........      Do.           
                                   Atlantic,           Oman; Europe                                                                                     
                                   Australia,          except Denmark,                                                                                  
                                   Caribbean, Middle   France, United                                                                                   
                                   America, New        Kingdom, Republic                                                                                
                                   Zealand, Oceania,   of Ireland, and                                                                                  
                                   South America,      Switzerland.                                                                                     
                                   North America                                                                                                        
                                   except Canada.                                                                                                       
Brucella abortus................  Belize, Bulgaria,   Australia, Canada,  ......do..........  ......do..........  ......do..........      Do.           
                                   Channel Islands     Czech Republic,                                                                                  
                                   (United Kingdom),   Germany,                                                                                         
                                   Cyprus, Denmark,    Slovakia, United                                                                                 
                                   Finland, French     Kingdom except                                                                                   
                                   Polynesia,          Channel Islands.                                                                                 
                                   Hungary, Israel,                                                                                                     
                                   Norway, Papua New                                                                                                    
                                   Guinea, Romania,                                                                                                     
                                   Sweden,                                                                                                              
                                   Switzerland.                                                                                                         

[[Page 17035]]

                                                                                                                                                        
Brucella melitensis.............  Oceania,            None..............  ......do..........  ......do..........  ......do..........      Do.           
                                   Australia, New                                                                                                       
                                   Zealand, Canada,                                                                                                     
                                   Czech Republic,                                                                                                      
                                   Denmark, Estonia,                                                                                                    
                                   Finland,                                                                                                             
                                   Greenland,                                                                                                           
                                   Iceland,                                                                                                             
                                   Ireland,Latvia,                                                                                                      
                                   Lithuania,                                                                                                           
                                   Luxembourg,                                                                                                          
                                   Netherlands,                                                                                                         
                                   Norway, Poland,                                                                                                      
                                   Slovakia, Sweden,                                                                                                    
                                   United Kingdom,                                                                                                      
                                   Taiwan.                                                                                                              
Brucella suis except biovar 4...  Canada, Ireland,    ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   United Kingdom.                                                                                                      
Brucella suis except biovar 4...  Africa; Asia        ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   except Russia;                                                                                                       
                                   Atlantic;                                                                                                            
                                   Australia;                                                                                                           
                                   Caribbean;                                                                                                           
                                   Europe; Mexico;                                                                                                      
                                   Middle America;                                                                                                      
                                   Middle East; New                                                                                                     
                                   Zealand; Oceania,                                                                                                    
                                   South America.                                                                                                       
Congo virus (Crimean Hemorrhagic  Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 Disease).                         Caribbean, Middle                                                                                                    
                                   America, New                                                                                                         
                                   Zealand; North                                                                                                       
                                   America, Oceania;                                                                                                    
                                   South America.                                                                                                       
Contagious agalactia of sheep     Australia,          ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 and goats due to Mycoplasma       Caribbean, Middle                                                                                                    
 agalactiae.                       America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, South                                                                                                       
                                   America.                                                                                                             
Contagious bovine pleuro-         Atlantic,           Europe except       ......do..........  ......do..........  ......do..........      Do.           
 pneumonia (Mycoplasma mycoides    Caribbean, Middle   Portugal and                                                                                     
 subsp. mycoides).                 America, New        Spain; Australia;                                                                                
                                   Zealand, North      Oceania.                                                                                         
                                   America, South                                                                                                       
                                   America.                                                                                                             
Contagious caprine pleuro-        Atlantic,           None..............  ......do..........  ......do..........  ......do..........      Do.           
 pneumonia (Mycoplasma mycoides    Caribbean, Middle                                                                                                    
 subsp. capri).                    America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, and                                                                                                         
                                   South America.                                                                                                       
Epizootic hemorrhagic disease of  Canada, Europe,     Mexico............  ......do..........  ......do..........  ......do..........      Do.           
 deer (Ibaraki) virus (except      New Zealand.                                                                                                         
 serotypes 1 and 2).                                                                                                                                    
Foot-and-mouth disease virus....  Australia;          Austria, The        Argentina.........  ......do..........  ......do..........      Do.           
                                   Barbados;           Bahamas, Belgium,                                                                                
                                   Bermuda; all        Chile, Denmark,                                                                                  
                                   regions of North    Fiji, Finland,                                                                                   
                                   and Middle          France, Germany,                                                                                 
                                   America except      United Kingdom,                                                                                  
                                   Panama; all         Hungary, Japan,                                                                                  
                                   regions of the      New Caledonia,                                                                                   
                                   Caribbean except    The Netherlands,                                                                                 
                                   The Bahamas;        Norway, Papua New                                                                                
                                   Greenland;          Guinea, Panama,                                                                                  
                                   Iceland;            Poland, Portugal,                                                                                
                                   Territory of St.    Republic of                                                                                      
                                   Pierre and          Ireland, Republic                                                                                
                                   Miquelon; Trust     of Korea, Sweden,                                                                                
                                   territory of the    Spain,                                                                                           
                                   Pacific Islands.    Switzerland,                                                                                     
                                                       Uruguay.                                                                                         

[[Page 17036]]

                                                                                                                                                        
Getah virus.....................  Africa; Atlantic;   None..............  None..............  ......do..........  ......do..........      Do.           
                                   Caribbean;                                                                                                           
                                   Europe; Middle                                                                                                       
                                   America; Middle                                                                                                      
                                   East; New                                                                                                            
                                   Zealand; North                                                                                                       
                                   America; and                                                                                                         
                                   South America.                                                                                                       
Heartwater due to Cowdria         Asia; Atlantic;     None..............  None..............  None..............  ......do..........      Do.           
 ruminantium.                      Australia;                                                                                                           
                                   Europe; Middle                                                                                                       
                                   America; Middle                                                                                                      
                                   East; New                                                                                                            
                                   Zealand; North                                                                                                       
                                   America; Oceania;                                                                                                    
                                   and South America.                                                                                                   
Hog cholera (classical swine      Australia, Canada,  Denmark, Finland,   ......do..........  ......do..........  ......do..........      Do.           
 fever).                           Dominican           Spain, the State                                                                                 
                                   Republic, Fiji,     of Sonora in                                                                                     
                                   United Kingdom,     Mexico.                                                                                          
                                   Iceland, New                                                                                                         
                                   Zealand; Northern                                                                                                    
                                   Ireland, Norway,                                                                                                     
                                   the Republic of                                                                                                      
                                   Ireland, Sweden,                                                                                                     
                                   and Trust                                                                                                            
                                   Territory of the                                                                                                     
                                   Pacific Islands.                                                                                                     
Japanese encephalitis virus.....  Africa, Atlantic,   None..............  ......do..........  ......do..........  ......do..........      Do.           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, and                                                                                                         
                                   South America.                                                                                                       
Jembrana (Tabanan) virus........  Africa; Atlantic;   ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Asia except for                                                                                                      
                                   Bangladesh,                                                                                                          
                                   Bhutan, Burma,                                                                                                       
                                   Cambodia, India,                                                                                                     
                                   Laos, Malaysia,                                                                                                      
                                   Singapore, Sri                                                                                                       
                                   Lanka, Thailand,                                                                                                     
                                   and Vietnam;                                                                                                         
                                   Caribbean;                                                                                                           
                                   Europe; Middle                                                                                                       
                                   America; Middle                                                                                                      
                                   East; New                                                                                                            
                                   Zealand; North                                                                                                       
                                   America; South                                                                                                       
                                   America.                                                                                                             
Lumpy skin disease (Neethling     Asia, Atlantic,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 virus).                           Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Malignant catarrhal fever virus   Asia, Atlantic,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 (African or wildebeest form).     Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   and South America.                                                                                                   

[[Page 17037]]

                                                                                                                                                        
Mycobacterium bovis.............  Bermuda, The        ......do..........  Canada............  ......do..........  ......do..........      Do.           
                                   Bahamas, Falkland                                                                                                    
                                   Islands,                                                                                                             
                                   Luxembourg,                                                                                                          
                                   Norway, Isle of                                                                                                      
                                   Jersey (United                                                                                                       
                                   Kingdom), Cyprus.                                                                                                    
Nairobi sheep disease (Ganjam,    Atlantic,           ......do..........  None..............  ......do..........  ......do..........      Do.           
 Dugbe) virus.                     Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   and South America.                                                                                                   
Near East encephalitis virus....  Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe; Middle                                                                                                       
                                   America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   and South America.                                                                                                   
Parafilariosis due to             North America,      ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 Parafilaria bovicola.             Middle America,                                                                                                      
                                   South America,                                                                                                       
                                   Caribbean.                                                                                                           
Peste des petits ruminants        Atlantic, Europe,   ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 (Kata) virus.                     North America,                                                                                                       
                                   South America,                                                                                                       
                                   Australia,                                                                                                           
                                   Oceania.                                                                                                             
Pseudomonas pseudomallei          Europe, Canada,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 (melioidosis).                    Atlantic.                                                                                                            
Pseudorabies (Aujesky's) virus..  None..............  Canada............  ......do..........  ......do..........  ......do..........      Do.           
Restricted ectoparasites........  Canada............  None..............  ......do..........  ......do..........  ......do..........      Do.           
Rift Valley fever virus.........  Asia, Atlantic,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Rinderpest virus................  Australia;          Austria, The        ......do..........  ......do..........  ......do..........      Do.           
                                   Bermuda; North      Bahamas, Belgium,                                                                                
                                   America; Middle     Chile, Denmark,                                                                                  
                                   America; South      Finland, Fiji                                                                                    
                                   America except      France, Germany,                                                                                 
                                   Chile; Caribbean    United Kingdom,                                                                                  
                                   except The          Hungary, Japan,                                                                                  
                                   Bahamas;            The Netherlands,                                                                                 
                                   Greenland;          New Caledonia,                                                                                   
                                   Iceland, Japan,     Norway, Papua New                                                                                
                                   Territory of St.    Guinea, Poland,                                                                                  
                                   Pierre and          Ireland, South                                                                                   
                                   Miquelon, Trust     Korea, Spain,                                                                                    
                                   territory of the    Sweden.                                                                                          
                                   Pacific Islands,                                                                                                     
                                   Papua New Guinea,                                                                                                    
                                   Republic of Korea.                                                                                                   
Scrapie disease agent...........  Australia, New      None..............  ......do..........  ......do..........  ......do..........      Do.           
                                   Zealand.                                                                                                             
Sheep pox and/or goat pox virus.  Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Australia,                                                                                                           
                                   Caribbean, Middle                                                                                                    
                                   America, New                                                                                                         
                                   Zealand, North                                                                                                       
                                   America.                                                                                                             

[[Page 17038]]

                                                                                                                                                        
Swine vesicular disease virus...  Australia, North    Austria, The        ......do..........  ......do..........  ......do..........      Do.           
                                   America, Middle     Bahamas, Bosnia-                                                                                 
                                   America,            Herzogovania,                                                                                    
                                   Dominican           Bulgaria, Chile,                                                                                 
                                   Republic, Fiji,     Croatia, Denmark,                                                                                
                                   Finland,            Ireland,                                                                                         
                                   Greenland, Haiti,   Luxembourg,                                                                                      
                                   Iceland, New        Macedonia,                                                                                       
                                   Zealand, Norway,    Ireland,                                                                                         
                                   Rumania, Sweden,    Slovenia,                                                                                        
                                   Trust Territories   Switzerland,                                                                                     
                                   of the Pacific      United Kingdom,                                                                                  
                                   Islands.            Yugoslavia.                                                                                      
Taenia (Multiceps) multiceps      North America,      None..............  ......do..........  ......do..........  ......do..........      Do.           
 (dog tapeworm) in livestock       Middle America,                                                                                                      
 handling dogs.                    Caribbean.                                                                                                           
Teschen disease virus...........  Africa, Asia,       ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Atlantic,                                                                                                            
                                   Australia,                                                                                                           
                                   Caribbean, Middle                                                                                                    
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Theileriosis (east coast fever,   Atlantic, Asia,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 corridor disease Mediterranean    Australia,                                                                                                           
 fever).                           Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Tick-borne encephalitis (louping  Africa, Atlantic,   ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 ill, Central European             Australia,                                                                                                           
 encephalitis) virus.              Caribbean, Middle                                                                                                    
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Tick-borne fever due to Erlichia  Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 (Cytoecetes) phagocytophilia.     Australia,                                                                                                           
                                   Caribbean, Middle                                                                                                    
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Trypanosoma African (salivarian-  Asia, Atlantic,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 or tsetse-transmitted) spp. (T.   Australia,                                                                                                           
 brucei, T. congolense, T.         Caribbean,                                                                                                           
 evansi, T. suis, T. simiae, T.    Europe, Middle                                                                                                       
 uniforme, T. vivax).              America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
Trypanosoma spp. transmitted by   Atlantic,           ......do..........  ......do..........  ......do..........  ......do..........      Do.           
 vectors other than tsetse flies   Australia,                                                                                                           
 (NTT-Trypano-somas).              Europe, New                                                                                                          
                                   Zealand, and                                                                                                         
                                   North America.                                                                                                       
Vesicular Stomatitis virus......  Africa; Asia;       ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Atlantic;                                                                                                            
                                   Australia;                                                                                                           
                                   Caribbean;                                                                                                           
                                   Europe; Middle                                                                                                       
                                   East; New                                                                                                            
                                   Zealand; North                                                                                                       
                                   America except                                                                                                       
                                   Mexico; Oceania.                                                                                                     

[[Page 17039]]

                                                                                                                                                        
Wesselsbron virus...............  Asia, Atlantic,     ......do..........  ......do..........  ......do..........  ......do..........      Do.           
                                   Australia,                                                                                                           
                                   Caribbean,                                                                                                           
                                   Europe, Middle                                                                                                       
                                   America, Middle                                                                                                      
                                   East, New                                                                                                            
                                   Zealand, North                                                                                                       
                                   America, Oceania,                                                                                                    
                                   South America.                                                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 17040]]

Sec. 92.5  Application for recognition of Risk Class RN, R1, R2, R3, or 
R4.

     (a) Evaluation procedure. (1) The official of the national 
government of any country who has the authority in that country to 
request such a change may request at any time that all or part of the 
country be classified or reclassified as a Risk Class RN, R1, R2, R3, 
or R4 region, or be included within an adjacent previously classified 
region.
     (2) Requests for classifying or reclassifying a region must be 
sent to the Administrator, stating that the official making the request 
believes the region is prepared to document all claims represented that 
would permit the region to be eligible for consideration for a change 
in disease risk classification.
    (3) The Chief Veterinary Officer of the region will then be sent a 
formal questionnaire relating to the specific disease(s) in question.
    (4) The Chief Veterinary Officer of the region must submit to APHIS 
the completed questionnaire, along with a complete set of the region's 
applicable agricultural laws and regulations, written in English (if 
the official language of the country or region is other than English, 
there must be supplied an official certified translation into English), 
relative to the animal health infrastructure, livestock populations, 
diagnostic facilities and procedures, control, eradication, and 
surveillance of the specific disease(s) in question.
    (5) When all of the requested information is received by APHIS, the 
Administrator will initiate an investigation to document those claims 
represented in the completed questionnaire. Following this 
investigation, a committee, composed of USDA veterinary experts, will 
be convened to evaluate the information provided by the Chief 
Veterinary Officer for the region and the investigative report 
submitted by APHIS. This committee will be formed by the Administrator 
when necessary to address any such requests for change in region risk 
class status and may be composed of representatives from APHIS, other 
branches of the USDA, or other persons knowledgeable about the 
disease(s) in question from other Federal agencies.
    (b) Decision procedures. (1) Depending upon the information 
provided by the Chief Veterinary Officer of the region and the results 
of the investigation by APHIS, the committee may complete a risk 
analysis of the region and may make one of several recommendations. 
These recommendations may include, but are not limited to:
    (i) Requesting additional information about the region, or the 
country if the region is part of a country, or other countries if the 
region is made up of more than one country;
    (ii) Deferring any decision until a veterinary team composed of 
staff representatives of APHIS can personally visit the region in 
question and do an on-site evaluation of any concerns;
    (iii) Denying the request, but specifying certain conditions that 
would warrant further consideration, should the region decide to 
implement the committee's recommendations;
    (iv) Denying the request, listing the specific reasons for that 
action;
    (v) Recommending reclassifying the region into a risk class other 
than the risk class specifically requested; and
    (vi) Approving the request by the region and recommending that the 
region be added to the list of risk class regions for which it applied.
    (2) After the committee has met and made a recommendation, a letter 
to the Administrator will be prepared, stating the recommendation of 
the committee, and will be signed by the committee chairperson.

[[Page 17041]]

    (c) Action on the committee's recommendations. (1) If the 
Administrator concurs with the committee's recommendation, a letter 
will be sent to the foreign official who made the request, informing 
him or her as follows whether the request was approved or denied, or is 
still being considered:
    (i) If the request is approved, the letter will state that a notice 
of proposed rulemaking will be published in the Federal Register, 
proposing the status of the region for the restricted agent in 
question.
    (ii) If the request is denied, the letter will state the reasons 
for that action. The region will continue to be classified according to 
its current risk class or be classified as Risk Class RU if the region 
had not been previously classified as Risk Class RN, R1, R2, R3, or R4. 
The decision may be appealed by resubmitting the request to the 
Administrator and specifically responding to each of the reasons stated 
for denying the request, and supplying any supporting information or 
data related to the reasons stated for denial. The committee will 
evaluate the appeal following the procedures outlined in paragraphs 
(a)(5) and (b) of this section. The Administrator will act on the 
committee's recommendation of the appeal as outlined in this paragraph 
(c) and paragraph (d) of this section.
    (iii) If the request is still being considered, the letter will 
state that:
    (A) Additional information is needed; if furnished, the request 
will be reconsidered according to the procedures outlined in paragraphs 
(a)(5) and (b) of this section;
    (B) An on-site visit is required before a final decision can be 
made; and/or
    (C) The region must implement certain actions for compliance with 
APHIS requirements before it will be eligible for a reclassification.
    (iv) Final approval will be given by the Administrator by 
publishing a final rule Federal Register stating the status of the 
region for the restricted agent in question and the effective date of 
the risk class change. The Administrator will notify the Chief 
Veterinary Official of the country(ies) where the reclassified region 
is located when the final rule is published in the Federal Register.
     (d) Committee follow-up, if needed. (1) The committee may be 
reconvened for final recommendation after:
    (i) An appeal has been made or additional information needed is 
received;
    (ii) An on-site evaluation report is received; or
    (iii) The region has implemented specific recommendations made by 
the committee and has furnished that information in writing, and this 
information has been documented by the APHIS investigator assigned to 
conduct the investigation.
    (2) After the committee has reconvened and reconsidered the 
request, a letter to the Administrator will be prepared stating the 
revised recommendation of the committee, and will be signed by the 
chairperson of the committee.
    (e) Removal or change of status of region due to failure to meet 
the criteria of the present risk class, or discovery of a restricted 
agent in the region.
    (1) Whenever the Administrator receives notice from the Chief 
Veterinary Officer representing any region classified as Risk Class RN, 
R1 or R2, either directly or through the International Office of 
Epizootics, that a restricted agent has been discovered within the 
region or that animals in the region have been exposed to a restricted 
agent, the Administrator may immediately suspend the current risk 
classification and reclassify the region as a Risk Class R3, R4 or RU 
region, and will publish a rule to that effect in the Federal Register.
    (2) Whenever the Administrator determines that a region no longer 
meets the criteria of its current Risk Class classification, the 
Administrator shall

[[Page 17042]]

take action to change the classification of the region as he or she 
deems appropriate.
    (3) Reclassification pursuant to paragraph (e)(1) or (e)(2) of this 
section shall remain in effect until either:
     (i) The official of the national government of the country of 
origin who has the authority to request a change does so in accordance 
with the procedures in paragraph (a) of this section; or
     (ii) The Administrator makes a determination based on the 
procedures in paragraph (b) of this section.

PART 93--IMPORTATION OF CERTAIN ANIMALS AND POULTRY; INSPECTION AND 
OTHER REQUIREMENTS FOR CERTAIN ANIMALS; INSPECTION AND OTHER 
REQUIREMENTS FOR CERTAIN MEANS OF CONVEYANCE AND SHIPPING 
CONTAINERS THEREON

    4. The authority citation for part 93 would continue 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).

     5. The heading for part 93 would be revised to read as set forth 
above.

Subpart A--Birds


Sec. 93.101  [Amended]

     6. Newly designated Sec. 93.101 would be amended as follows:
     a. In paragraph (b)(1), the reference to ``Secs. 92.205, 92.214, 
and 92.216'' would be removed and a reference to ``Secs. 93.205, 
93.214, and 93.216'' would be added in its place;
    b. In paragraph (b)(3)(i)(B), the reference to 
``Sec. 92.103(a)(2)(iv)'' would be removed, and a reference to 
``Sec. 93.103(a)(2)(iv)'' would be added in its place;
    c. In paragraph (b)(3)(i)(I), the reference to 
``Sec. 92.103(a)(2)(iv)'' would be removed, and a reference to 
``Sec. 93.103(a)(2)(iv)'' would be added in its place;
    d. In paragraph (b)(3)(i)(J), the reference to ``Sec. 92.104(a)'' 
would be removed, and a reference to ``Sec. 93.104(a)'' would be added 
in its place;
    e. In paragraph (b)(3)(i)(K), the reference to ``Sec. 92.104(a)'' 
would be removed, and a reference to ``Sec. 93.104(a)'' would be added 
in its place;
    f. In paragraph (c)(1), the reference to ``Secs. 92.102 or 92.203'' 
would be removed and a reference to ``Secs. 93.103 or 93.203'' would be 
added in its place, and the reference to ``Sec. 92.105'' would be 
removed and a reference to ``Sec. 93.105'' would be added in its place;
    g. In paragraph (c)(2)(i), the reference to ``Sec. 92.101(c)(1)'' 
would be removed and a reference to ``Sec. 93.101(c)(1)'' would be 
added in its place;
    h. In paragraph (c)(3), the introductory text, the reference to 
``Sec. 92.102(a)'' would be removed and a reference to 
``Sec. 93.102(a)'' would be added in its place;
    i. In paragraph (c)(3)(ii), the references to ``Sec. 92.103(a)(3)'' 
would be removed both times they appear and references to 
``Sec. 93.103(a)(3)'' would be added in their place, and the references 
to ``Sec. 92.102(a)'' would be removed each time they appear and 
references to ``93.102(a)'' would be added in their place;
     j. In paragraph (c)(3)(iv), the reference to ``Sec. 92.106(a)'' 
would be removed and a reference to ``93.106(a)'' would be added in its 
place;
    k. In paragraph (c)(3)(v), the reference to ``Sec. 92.210 (b) and 
(c)'' would be removed and a reference to ``Sec. 93.210(b) and (c)'' 
would be added in its place;
    l. In paragraph (d), the introductory text, the reference to 
``Sec. 92.103'' would be removed and a new references ``Sec. 93.103'' 
would be added in its place;
     m. In paragraph (d)(1)(ii), the reference to ``Sec. 92.103(c)'' 
would be removed and a reference to ``Sec. 93.103(c)'' would be added 
in its place;
    n. In paragraph (e), the reference to ``Secs. 92.102(a), 92.103, 
92.104, 92.105(a), and 92.106(a)'' would be removed and a reference to 
``Secs. 93.102(a), 93.103, 93.104, 93.105(a), and 92.106(a)'' would be 
added in its place; and
    o. In paragraph (f), the reference to ``Sec. 92.102 or 92.203'' 
would be removed and a reference to ``Sec. 93.102 or 93.203'' would be 
added in its place; and the reference to ``Sec. 92.103'' would be 
removed and a reference to ``Sec. 93.103'' added in its place.


Sec. 93.102  [Amended]

     7. Newly designated Sec. 93.102 would be amended as follows:
     a. In paragraph (a), the reference to ``Sec. 92.101(c)'' would be 
removed and a reference to ``Sec. 93.101(c)'' would be added in its 
place, and the reference to ``Sec. 92.101(f)'' would be removed and a 
reference to ``Sec. 93.101(f)'' would be added in its place;
     b. In paragraph (c), the reference to ``Sec. 92.105(a)'' would be 
removed and a reference to ``Sec. 93.105(a)'' would be added in its 
place; and
    c. In paragraph (d), the reference to ``Sec. 92.101(c) (1) or (2)'' 
would be removed and a reference to ``Sec. 93.101(c)(1) or (2)'' would 
be added in its place.


Sec. 93.103  [Amended]

    8. Newly designated Sec. 93.103 would be amended as follows:
    a. In paragraph (a)(1), the reference to ``Secs. 92.101 (b) and 
(c), 92.103(c), and 92.214'' would be removed and a reference to 
``Secs. 93.101 (b) and (c), 93.103(c), and 93.214'' would be added in 
its place;
    b. In paragraph (a)(1)(x), the reference to ``Sec. 92.106(c)(5)'' 
would be removed and a reference to ``Sec. 93.106(c)(5)'' would be 
added in its place;
    c. In paragraph (a)(1)(xii), the reference to ``Secs. 92.100 
through 92.107'' would be removed and a reference to ``Secs. 93.100 
through 93.107'' would be added in its place;
    d. In paragraph (a)(2)(i), the reference to ``Sec. 92.106(c)'' 
would be removed and a reference to ``Sec. 93.106(c)'' would be added 
in its place; and
    e. In paragraph (a)(2)(v), the reference to ``Sec. 92.101 
(b)(3)(i)(G) and (b)(3)(i)(J)'' would be removed and a reference to 
``Sec. 93.101 (b)(3)(i)(G) and (b)(3)(i)(J)'' would be added in its 
place, and the reference to ``Sec. 92.101 (b)(3)(i)(B) and 
(b)(3)(i)(C)'' would be removed and a reference to 
``Sec. 93.101(b)(3)(i)(B) and (b)(3)(i)(C)'' would be added in its 
place.


Sec. 93.104  [Amended]

    9. Newly designated Sec. 93.104 would be amended as follows:
    a. In paragraph (a), the reference to ``Sec. 92.101 (b) and (c)'' 
would be removed and a reference to ``Sec. 93.101 (b) and (c)'' would 
be added in its place;
    b. In paragraph (c)(14), the reference to 
``Sec. 92.101(b)(3)(i)(B)'' would be removed and a reference to 
``Sec. 93.101(b)(3)(i)(B)'' would be added in its place, and the 
reference to ``Sec. 92.101(b)(3)(i)(C)'' would be removed and a 
reference to ``Sec. 93.101(b)(3)(i)(C)'' would be added in its place;
    c. In paragraph (d)(9), the reference to 
``Sec. 92.101(b)(2)(iii)(I)'' would be removed and a reference to 
``Sec. 93.101(b)(2)(iii)(I)'' would be added in its place; and
    d. In paragraph (d)(10), the reference to 
``Sec. 92.101(b)(3)(i)(B)'' would be removed and a reference to 
``Sec. 93.101(b)(3)(i)(B)'' would be added in its place, and the 
reference to ``Sec. 92.101(b)(3)(i)(C)'' would be removed and a 
reference to ``Sec. 93.101(b)(3)(i)(C)'' would be added in its place.


Sec. 93.105  [Amended]

    10. In newly designated Sec. 93.105, paragraph (b) would be amended 
as follows:
    a. The reference to ``Sec. 92.101(c)(2)'' would be removed both 
times it appears and a reference to ``Sec. 93.101(c)(2) would be added 
in its place;

[[Page 17043]]

    b. The reference to ``Sec. 92.102(a)'' would be removed and a 
reference to ``Sec. 93.102(a)'' would be added in its place; and
    c. The reference to ``Sec. 92.102 and 92.203'' would be removed and 
a reference to ``Secs. 93.102 and 93.203'' would be added in its place.


Sec. 93.106  [Amended]

    11. Newly designated Sec. 93.106 would be amended as follows:
    a. In paragraph (a), the reference to ``Sec. 92.101(c)'' would be 
removed and a reference to ``Sec. 93.101(c)'' would be added in its 
place, and the reference to ``Sec. 92.103'' would be removed and a 
reference to ``Sec. 93.103'' would be added in its place;
    b. In paragraph (b)(1), the reference to ``Sec. 92.103'' would be 
removed and a reference to ``Sec. 93.103'' would be added in its place;
    c. In paragraph (c)(2)(ii)(L), the reference to ``Sec. 92.103'' 
would be removed and a reference to ``Sec. 93.103'' would be added in 
its place;
    d. In paragraph (c)(2)(ii)(M), the reference to ``Sec. 92.103'' 
would be removed and a reference to ``Sec. 93.103'' would be added in 
its place;
    e. In the ``Cooperative and Trust Fund Agreement,'' paragraph 
(A)(5), the reference to ``Sec. 92.106(c)'' would be removed and a 
reference to ``Sec. 93.106(c)'' would be added in its place;
    f. In the ``Cooperative and Trust Fund Agreement,'' paragraph 
(A)(13), the reference to ``Sec. 92.106(c)(3)(ii)(C)'' would be removed 
and a reference to ``Sec. 93.106(c)(3)(ii)(C)'' would be added in its 
place; and
    g. In the ``Cooperative and Trust Fund Agreement,'' paragraph 
(A)(20), the reference to ``Sec. 92.106(c)'' would be removed and a 
reference to ``Sec. 93.106(c)'' would be added in its place.
    12. In subpart A, footnote 13 would be amended 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 would be amended 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''.

Subpart B--Poultry


Sec. 93.200  [Amended]

    14. In newly designated Sec. 93.200, the definition of Operator 
would be amended by removing the reference to ``Sec. 92.209'' and 
adding in its place a reference to ``Sec. 93.209''.


Sec. 93.201  [Amended]

    15. Newly designated Sec. 93.201 would be amended as follows:
    a. In paragraph (b), the introductory text, the reference to ``part 
92'' would be removed and a reference to ``part 93'' would be added in 
its place, and the reference to ``Sec. 92.204'' would be removed and a 
reference to ``Sec. 93.204'' would be added in its place;
    b. In paragraph (b)(1)(ii), the reference to ``Sec. 92.204(c)'' 
would be removed and a reference to ``Sec. 93.204(c)'' would be added 
in its place; and
    c. In paragraph (c), the reference to ``Sec. 92.203'' would be 
removed and a reference to ``Sec. 93.203'' would be added in its place, 
and the reference to ``Sec. 92.204'' would be removed and a reference 
to ``Sec. 93.204'' would be added in its place.


Sec. 93.204  [Amended]

    16. In newly designated Sec. 93.204, paragraph (a)(1) would be 
amended 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''.


Sec. 93.207  [Amended]

    17. Newly designated Sec. 93.207 would be 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]

    18. In newly designated Sec. 93.209, paragraph (a)(1) would be 
amended by removing the reference to ``Sec. 92.216'' and adding in its 
place a reference to ``Sec. 93.216''.
    19. In subpart B, footnote 6 would be amended by removing the 
reference to ``Secs. 92.214 to 92.216'' and adding in its place a 
reference to ``Secs. 93.214 to 93.215''.


Sec. 93.214  [Amended]

    20. Newly designated Sec. 93.214 would be amended as follows:
    a. In paragraph (a), the reference to ``Sec. 92.204'' would be 
removed and a reference to ``Sec. 93.204'' would be added in its place, 
and the reference to ``Sec. 92.203(b)'' would be removed and a 
reference to ``Sec. 93.203(b)'' would be added in its place; and
    b. In paragraph (b), the reference to ``Sec. 92.206'' would be 
removed and a reference to ``Sec. 93.206'' would be added in its place.


Sec. 93.215  [Amended]

    21. In newly designated Sec. 93.215(a)(1), the reference to 
``Sec. 92.204'' would be removed and a reference to ``Sec. 93.204'' 
would be added in its place, and the reference to ``Sec. 92.201'' would 
be removed and a reference to ``Sec. 93.201'' would be added in its 
place.


Sec. 93.216  [Amended]

    22. Newly designated Sec. 93.216 would be amended by removing the 
reference to ``Sec. 92.209'' and adding in its place a reference to 
``Sec. 93.209''.
    23. In subpart B, footnote 7 would be amended by removing the 
reference to ``Sec. 92.217'' and adding in its place a reference to 
``Sec. 93.217''.


Sec. 93.217  [Amended]

    24. Newly designated Sec. 93.217 would be amended as follows:
    a. In paragraph (a), the reference to ``Sec. 92.204'' would be 
removed and a reference to ``Sec. 93.204'' would be added in its place;
    b. In paragraph (b), the reference to ``Sec. 92.206'' would be 
removed and a reference to ``Sec. 93.206'' would be added in its place; 
and
    c. In paragraph (c), the reference to ``Secs. 92.205, 92.207, 
92.209, and 92.210'' would be removed and a reference to ``Sec. 93.205, 
93.207, 93.209, and 93.210'' would be added in its place.
    25. In subpart B, footnote 8 would be 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]

    26. In newly designated Sec. 93.218, paragraph (a) would be amended 
by removing the reference to ``Sec. 92.204'' and adding in its place a 
reference to ``Sec. 93.204''.


Sec. 93.219  [Amended]

    27. Newly designated Sec. 93.219 would be amended by removing the 
reference to ``Sec. 92.206'' and adding in its place a reference to 
``Sec. 93.206''.


Sec. 93.220  [Amended]

    28. In newly designated Sec. 93.220, paragraph (b) would be amended 
by removing the reference to ``Sec. 92.203'' and adding in its place a 
reference to ``Sec. 93.203''.

Subpart C--Horses


Sec. 93.301  [Amended]

    29. Newly designated Sec. 93.301 would be amended as follows:
    a. In paragraph (b), the reference to ``Sec. 92.304'' would be 
removed and a reference to ``Sec. 93.304'';
    b. In paragraph (c)(2)(i), the reference to ``Sec. 92.301(a)'' 
would be removed and a reference to ``Sec. 93.301(a)'' would be added 
in its place;

[[Page 17044]]

    c. In paragraph (c)(2)(ii), the reference to ``Sec. 92.314'' would 
be removed and a reference to ``Sec. 93.314'' would be added in its 
place;
    d. In paragraph (c)(2)(iii), the reference to ``Sec. 92.304'' would 
be removed and a reference to ``Sec. 93.304'' would be added in its 
place;
    e. In paragraph (c)(2)(iv), introductory text, the reference to 
``Sec. 92.304'' would be removed and a reference to ``Sec. 93.304'' 
would be added in its place, and the reference to ``Sec. 92.314'' would 
be removed and a reference to ``Sec. 93.314'' would be added in its 
place;
    f. In paragraph (c)(2)(v)(A)(1), the reference to ``Sec. 92.304'' 
would be removed and a reference to ``Sec. 93.304'' would be added in 
its place;
    g. In paragraph (c)(2)(v)(A)(2), the reference to ``Sec. 92.314'' 
would be removed and a reference to ``Sec. 93.314'' would be added in 
its place;
    h. In paragraph (c)(2)(v)(G), the reference to 
``Sec. 92.401(c)(2)(v)'' would be removed and a reference to 
``Sec. 93.401(c)(2)(v)'' would be added in its place;
    i. In paragraph (c)(2)(vi)(A)(1), the reference to ``Sec. 92.304'' 
would be removed and a reference to ``Sec. 93.304'' would be added in 
its place;
    j. In paragraph (c)(2)(vi)(A)(2), the reference to ``Sec. 92.314'' 
would be removed and a reference to ``Sec. 93.314'' would be added in 
its place;
    k. In paragraph (c)(2)(vi)(E), the reference to ``Sec. 92.308'' 
would be removed and a reference to ``Sec. 93.308'' would be added in 
its place;
    l. In paragraph (c)(2)(vi)(G), the reference to ``Sec. 92.304(a)'' 
would be removed and a reference to ``Sec. 93.304(a)'' would be added 
in its place;
    m. In paragraph (c)(2)(vii)(A), the reference to ``Sec. 92.304'' 
would be removed and a reference to ``Sec. 93.304'' would be added in 
its place;
    n. In paragraph (c)(2)(vii)(B), the reference to ``Sec. 92.314'' 
would be removed and a reference to ``Sec. 93.314'' would be added in 
its place;
    o. In paragraph (c)(2)(viii)(A), the reference to ``Sec. 92.304'' 
would be removed and a reference to ``Sec. 93.304'' would be added in 
its place;
    p. In paragraph (c)(2)(viii)(E), the reference to ``Sec. 92.304'' 
would be removed and a reference to ``Sec. 93.304'' would be added in 
its place;
    q. In paragraph (c)(2)(ix), the reference to ``Sec. 92.304(a)'' 
would be removed and a reference to ``Sec. 93.304(a)'' would be added 
in its place, the reference to ``Sec. 92.304(a)(4)(ii)'' would be 
removed and a reference to ``Sec. 93.304(a)(4)(ii)'' would be added in 
its place, and the reference to ``Sec. 92.304(a)(5)(iii)'' would be 
removed and a reference to ``Sec. 93.304(a)(5)(iii)'' would be added in 
its place;
    r. In paragraph (c)(2)(x), the reference to ``Sec. 92.304(a)'' 
would be removed and a reference to ``Sec. 93.304(a)'' would be added 
in its place, the reference to ``Sec. 92.304(a)(7)(ii)'' would be 
removed and a reference to ``Sec. 93.304(a)(7)(ii)'' would be added in 
its place, and the reference to ``Sec. 92.304(a)(8)(iii)'' would be 
removed and a reference to ``Sec. 93.304(a)(8)(iii)'' would be added in 
its place;
    s. The second paragraph (c)(2)(xi)(C)(2) would be redesignated as 
paragraph (c)(2)(xi)(C)(3);
    t. In newly designated paragraph (c)(2)(xi)(C)(3), the reference to 
``Sec. 92.304'' would be removed and a reference to ``Sec. 93.304'' 
would be added in its place; and
    u. In paragraph (c)(2)(xi)(E), the reference to ``Sec. 92.308(a), 
(b), and (c)'' would be removed and a reference to ``Sec. 93.308 (a), 
(b), and (c)'' would be added in its place.


Sec. 93.303  [Amended]

    30. Newly designated Sec. 93.303 would be amended as follows:
    a. In paragraph (a), the reference to ``Secs. 92.308 (a), (b), and 
(c) and 92.317'' would be removed and a reference to ``Secs. 93.308 
(a), (b), and (c) and 93.317'' would be added in its place; and
    b. In paragraph (e), the reference to ``Secs. 92.301(c), 92.304(a), 
92.306, 92.308 (a), (b), and (c), and 92.314'' would be removed and a 
reference to ``Secs. 93.301(c), 93.304(a), 93.306, 93.308 (a), (b), and 
(c), and 93.314'' would be added in its place.


Sec. 93.304  [Amended]

    31. Newly designated Sec. 93.304 would be amended as follows:
    a. In paragraph (a)(1)(i), the reference to ``Sec. 92.301(c)(1)'' 
would be removed and a reference to ``Sec. 93.301(c)(1)'' would be 
added in its place, and the reference to ``Secs. 92.315, 92.319, and 
92.321'' would be removed and a reference to ``Secs. 93.315, 93.319, 
and 93.321'' would be added in its place;
    b. In paragraph (a)(1)(ii), introductory text, the two references 
to ``Sec. 92.301(c)(2)(viii)'' would be removed and references to 
``Sec. 93.301(c)(2)(viii)'' would be added in their place;
    c. In paragraph (a)(1)(iii), the reference to 
``Sec. 92.301(c)(2)(viii)'' would be removed and a reference to 
``Sec. 93.301(c)(2)(viii)'' would be added in its place;
    d. In paragraph (a)(2), the reference to ``Sec. 92.301(c)(1)'' 
would be removed and a reference to ``Sec. 93.301(c)(1)'' would be 
added in its place;
    e. In paragraph (a)(4)(i), the reference to ``Sec. 92.301(c)(1)'' 
would be removed and a reference to ``Sec. 93.301(c)(1)'' would be 
added in its place, and the reference to ``Sec. 92.301(c)(2)(iv) or 
Sec. 92.301(c)(2)(ix)'' would be removed and a reference to 
``Sec. 93.301(c)(2)(iv) or Sec. 93.301(c)(2)(ix)'' would be added in 
its place;
    f. In paragraph (a)(4)(ii), the reference to 
``Sec. 92.301(c)(2)(iv) and Sec. 92.301(c)(2)(ix)'' would be removed 
and a reference to ``Secs. 93.301(c)(2)(iv) and 93.301(c)(2)(ix)'' 
would be added in its place;
    g. In paragraph (a)(5)(ii)(A), the reference to 
``Sec. 92.301(c)(1)'' would be removed and a reference to 
``Sec. 93.301(c)(1)'' would be added in its place, and the reference to 
``Sec. 92.301(c)(2)(iv) or Sec. 92.301(c)(2)(ix)'' would be removed and 
a reference to ``Sec. 93.301(c)(2)(iv) or Sec. 93.301(c)(2)(ix)'' would 
be added in its place;
    h. In paragraph (a)(5)(iii), introductory text, the reference to 
``Sec. 92.301(c)(1)'' would be removed and a reference to 
``Sec. 93.301(c)(1)'' would be added in its place, and the reference to 
``Sec. 92.301(c)(2)(iv) or Sec. 92.301(c)(2)(ix)'' would be removed and 
a reference to ``Sec. 93.301(c)(2)(iv) or Sec. 93.301(c)(2)(ix)'' would 
be added in its place;
    i. In paragraph (a)(7)(i), the reference to ``Sec. 92.301(c)(1)'' 
would be removed and a reference to ``Sec. 93.301(c)(1)'' would be 
added in its place, and the reference to ``Sec. 92.301(c)(2)(v), 
Sec. 92.301(c)(2)(vi), Sec. 92.301(c)(2)(vii) or Sec. 92.301(c)(2)(x)'' 
would be removed and a reference to ``Sec. 93.301(c)(2)(v), 
Sec. 93.301(c)(2)(vi), Sec. 93.301(c)(2)(vii) or Sec. 93.301(c)(2)(x)'' 
would be added in its place;
    j. In paragraph (a)(7)(ii), the reference to 
``Sec. 92.301(c)(2)(v), Sec. 92.301(c)(2)(vi), Sec. 92.301(c)(2)(vii) 
and Sec. 92.301(c)(2)(x)'' would be removed and a reference to 
``Secs. 93.301(c)(2)(v), 93.301(c)(2)(vi), 93.301(c)(2)(vii) and 
93.301(c)(2)(x)'' would be added in its place;
    k. In paragraph (a)(8), introductory text, the reference to 
``Sec. 92.301(c)(2)(v), Sec. 92.301(c)(2)(vi), Sec. 92.301(c)(2)(vii) 
or Sec. 92.301(c)(2)(x)'' would be removed and a reference to 
``Sec. 93.301(c)(2)(v), Sec. 93.301(c)(2)(vi), Sec. 93.301(c)(2)(vii) 
or Sec. 93.301(c)(2)(x)'' would be added in its place;
    l. In paragraph (a)(8)(ii), the reference to ``Sec. 92.301(c)(1)'' 
would be removed and a reference to ``Sec. 93.301(c)(1)'' would be 
added in its place, and the reference to ``Sec. 92.301(c)(2)(v), 
Sec. 92.301(c)(2)(vi), Sec. 92.301(c)(2)(vii) or Sec. 92.301(c)(2)(x)'' 
would be removed and a reference to ``Sec. 93.301(c)(2)(v), 
Sec. 93.301(c)(2)(vi), Sec. 93.301(c)(2)(vii) or

[[Page 17045]]

Sec. 93.301(c)(2)(x)'' would be added in its place;
    m. In paragraph (a)(8)(iii), introductory text, the reference to 
``Sec. 92.301(c)(1)'' would be removed and a reference to 
``Sec. 93.301(c)(1)'' would be added in its place, and the reference to 
``Sec. 92.301(c)(2)(v), Sec. 92.301(c)(2)(vi), Sec. 92.301(c)(2)(vii) 
or Sec. 92.301(c)(2)(x)'' would be removed and a reference to 
``Sec. 93.301(c)(2)(v), Sec. 93.301(c)(2)(vi), Sec. 93.301(c)(2)(vii) 
or Sec. 93.301(c)(2)(x)'' would be added in its place;
    n. In paragraph (a)(8)(iii)(B), the reference to 
``Sec. 92.301(c)(2)(vii)'' would be removed and a reference to 
``Sec. 93.301(c)(2)(vii)'' would be added in its place;
    o. In paragraph (a)(8)(iii)(C), introductory text, the reference to 
``Sec. 92.304(a)(8)(iii)(B)'' would be removed and a reference to 
``Sec. 93.301(a)(8)(iii)(B)'' would be added in its place;
    p. In paragraph (a)(8)(iii)(D), the reference to 
``Sec. 92.301(c)(1)'' would be removed and a reference to 
``Sec. 93.301(c)(1)'' would be added in its place, the reference to 
``Sec. 92.301(c)(2)(v) or Sec. 92.301(c)(2)(vii)'' would be removed and 
a reference to ``Sec. 93.301(c)(2)(v) or Sec. 93.301(c)(2)(vii)'' would 
be added in its place, and the reference to ``Sec. 92.301(c)(2)(v)(G), 
Sec. 92.301(c)(2)(vi)(F), or Sec. 92.301(c)(2)(vi)(G)'' would be 
removed and a reference to ``Sec. 93.301(c)(2)(v)(G), 
Sec. 93.301(c)(2)(vi)(F), or Sec. 93.301(c)(2)(vi)(G)'' would be added 
in its place;
    q. In paragraph (a)(8)(iii)(E), the reference to 
``Sec. 92.301(c)(1)'' would be removed and a reference to 
``Sec. 93.301(c)(1)'' would be added in its place, and the reference to 
``Sec. 92.301(c)(2)(vii) or Sec. 92.301(c)(2)(x)'' would be removed and 
a reference to ``Sec. 93.301(c)(2)(vii) or Sec. 93.301(c)(2)(x)'' would 
be added in its place; and
    r. In paragraph (b), the reference to ``Sec. 92.301(c)(1)'' would 
be removed and a reference to ``Sec. 93.301(c)(1)'' would be added in 
its place.


Sec. 93.306  [Amended]

    32. In newly designated Sec. 93.306, paragraph (a) would be 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]

    33. Newly designated Sec. 92.308 would be amended as follows:
    a. In paragraph (a), the reference to ``Sec. 92.324'' would be 
removed and a reference to ``Sec. 93.324'' would be added in its place, 
and the reference to ``Sec. 92.303'' would be removed and a reference 
to ``Sec. 93.303'' would be added in its place;
    b. In paragraph (a)(1), the reference to ``Secs. 92.317 and 
92.324'' would be removed and a reference to ``Secs. 93.317 and 
92.324'' would be added in its place, and the reference to 
``Sec. 92.303'' would be removed and a reference to ``Sec. 93.303'' 
would be added in its place;
    c. In paragraph (b), the reference to ``Sec. 92.303(e)'' would be 
removed and a reference to ``Sec. 93.303(e)'' would be added in its 
place; and
    d. In paragraph (c)(4)(ii), the reference to ``Sec. 92.308(a)'' 
would be removed and a reference to ``Sec. 93.303(a)'' would be added 
in its place.


Sec. 93.314  [Amended]

    34. In newly designated Sec. 92.314, the reference to 
``Sec. 92.301(c)(2) (i) through (viii)'' would be removed and a 
reference to ``Sec. 93.301(c)(2) (i) through (viii)'' would be added in 
its place, and the reference to ``Sec. 92.301(c)(1)'' would be removed 
and a reference to ``Sec. 93.301(c)(1) would be added in its place.
    35. In subpart C, footnote 18 would be amended by removing the 
reference to ``Secs. 92.315, 92.316, 92.317 and 92.318'' would be 
removed and a reference to ``Secs. 93.315, 93.316, 93.317 and 93.318'' 
would be added in its place.


Sec. 93.315  [Amended]

    36. Newly designated Sec. 93.315 would be amended by removing the 
reference to ``Sec. 92.305'' and adding in its place a reference to 
``Sec. 93.305''.


Sec. 93.316  [Amended]

    37. Newly designated Sec. 93.316 would be amended by removing the 
reference to ``Sec. 92.306'' and adding in its place a reference to 
``Sec. 93.306''.


Sec. 93.317  [Amended]

    38. In newly designated Sec. 93.317(a), the reference to 
``Sec. 92.306'' would be removed and a reference to ``Sec. 93.306'' 
would be added in its place, and the reference to ``Sec. 92.314'' would 
be removed both times it appears and a reference to ``Sec. 93.314'' 
would be added each time in its place.


Sec. 93.318  [Amended]

    39. Newly designated Sec. 93.318 would be amended as follows:
    a. In paragraph (a)(1), the reference to ``Sec. 92.304'' would be 
removed and a reference to ``Sec. 93.304'' would be added in its place, 
and the reference to ``Sec. 92.301'' would be removed and a reference 
to ``Sec. 93.301'' would be added in its place; and
    b. In paragraph (b), the reference to ``Sec. 92.317(b)'' would be 
removed and a reference to ``Sec. 93.317(b)'' would be added in its 
place.
    40. In subpart C, footnote 19 would be amended 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]

    41. Newly designated Sec. 93.319 would be amended by removing the 
reference to ``Sec. 92.305'' and adding in its place a reference to 
``Sec. 93.305''.


Sec. 93.320  [Amended]

    42. Newly designated Sec. 93.320 would be 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)''.
    43. In subpart C, footnote 20 would be amended by removing the 
reference to ``Secs. 92.321 to 92.326'' and adding in their place a 
reference to ``Secs. 93.321 to 93.326''.


Sec. 93.322  [Amended]

    44. Newly designated Sec. 93.322 would be amended by removing the 
reference to ``Sec. 92.305'' and adding in its place a reference to 
``Sec. 93.305''.


Sec. 93.323  [Amended]

    45. In newly designated Sec. 93.323, paragraphs (a) and (b) would 
be amended by removing the references to ``Sec. 92.324'' and adding in 
their place a reference to ``Sec. 93.324''.


Sec. 93.324  [Amended]

    46. Newly designated Sec. 93.324 would be 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]

    47. Newly designated Sec. 93.325 would be amended by removing the 
reference to ``Secs. 92.306 and 92.323'' and adding in its place a 
reference to ``Secs. 93.306 and 92.323'', 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]

    48. Newly designated Sec. 93.326 would be amended by removing the 
reference to ``Secs. 92.321, 92.322, 92.323'' and adding in its place a 
reference to ``Secs. 93.321, 93.322, and 93.323'', and by removing the 
reference to ``Sec. 92.324'' the second time it appears and adding in 
its place a reference to ``Sec. 93.324''.
    49. Subparts D and E would be revised to read as follows:

[[Page 17046]]

Subpart D--Ruminants

Sec.
93.400  Definitions.
93.401  General prohibitions; exceptions.
93.402  Inspection of certain aircraft and other means of conveyance 
and shipping containers thereon; unloading, cleaning, and 
disinfection requirements.
93.403  Ports designated for the importation of ruminants.
93.404  Import permits for ruminants and for ruminant specimens for 
diagnostic purposes; and reservation fees for space at quarantine 
facilities maintained by APHIS.
93.405  Certificate of export and other requirements for ruminants.
93.406  Permit, certificate, declaration and other documents for 
ruminants.
93.407  Inspection at the port of entry.
93.408  Articles accompanying ruminants.
93.409  Movement from conveyances to quarantine station.
93.410  Ruminant quarantine facilities.
93.411  Quarantine stations, visiting restricted; sales prohibited.
93.412  Milk from quarantined ruminants.
93.413  Manure from quarantined ruminants.
93.414  Appearance of disease among ruminants in quarantine.
93.415  Requirements for importation of live ruminants from various 
risk class regions.
93.416  Importation of ruminants through the Harry S. Truman Animal 
Import Center (HSTAIC).
93.417  Pre-embarkation quarantine facility; criteria and standards 
for approval.

Subpart D--Ruminants


Sec. 93.400  Definitions.

    Wherever in this subpart the following terms are used, unless the 
context otherwise requires, they shall be construed, respectively, to 
mean:
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
functions specified in parts 1, 2, 3, and 11 of subchapter A, and 
subchapters B, C, and D of this chapter, and to perform functions 
required by cooperative State-Federal disease control and eradication 
programs.
    Adjacent regions. Any defined geographic land area identifiable by 
geological, political or surveyed boundaries that shares common 
boundaries with, or is proximate to any region of a different risk 
class, as determined by the Administrator.
    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.
    Affected animals. Animals currently infected or infested with, or 
exposed to, a communicable disease agent, or that are not known to be 
infected, infested, or exposed but that because of information, 
proximity, location, season, or lack of surveillance data could 
reasonably be expected to be infected, infested, or exposed to a 
communicable disease agent.
    Affected premises or region. A premises or region where a 
communicable disease agent is known to exist; that is adjacent to or 
proximate to any known infected or infested premises or region so that 
airborne, vector, or mechanical transmission of the disease agent could 
occur; or that, because of lack of surveillance data, could reasonably 
be expected to be infected, infested, or exposed to a communicable 
disease agent.
    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 including: Cattle, 
sheep, goats, other ruminants, swine, horses, asses, mules, zebras, 
dogs, and poultry that are susceptible to communicable diseases of 
livestock or capable of being carriers of those diseases or their 
arthropod vectors.
    APHIS representative. Any individual employed by the Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture, who is authorized to perform the services required by this 
part.
    Approved bovine tuberculosis test. Any test recognized as an 
Official tuberculosis test in the United States according to Sec. 77.1 
of this chapter or a test recognized as an equivalent test by the 
Administrator and that is recognized as an official test in a country 
exporting animals to the United States.
    Approved brucellosis test. Any test recognized as an official 
brucellosis test in the United States according to Sec. 78.1 of this 
chapter, or a test recognized as an equivalent test by the 
Administrator and that is recognized as an official test in a country 
exporting animals to the United States.
    Approved tests for restricted diseases or agents. Diagnostic tests 
or procedures that are determined by the Administrator to be 
scientifically valid to diagnose a restricted animal disease.
    Authorized veterinarian. A veterinarian accredited, employed or 
authorized by the National Veterinary Services of the country to carry 
out the required inspection and certification services.
    Border definitions. See Sec. 92.1 of this chapter.
    Case. An individual animal affected by a communicable disease 
agent. Depending on the condition, this may be an animal with clinical 
signs, or an animal with serological or pathological evidence of 
infection, or an infested animal.
    Cattle. Animals of the bovine species.
    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 
reservoir, or other source.
    Contagious disease. Any communicable disease transmitted from one 
animal to another. Such transmission includes, but is not limited to, 
contact with other animals or by feed, water, aerosol, or contaminated 
objects.
    Department. The United States Department of Agriculture (USDA).
    Driven. Moved (animals) from one place to another by walking under 
their own power and being herded and guided by persons or trained 
animals.
    Ectoparasites. Acarid (mites, ticks) or insect members of the 
Phylum Arthropoda that spend all or part of their life cycle on the 
exterior of avian, reptilian or mammalian hosts and that are known or 
suspected to be the vectors of communicable disease agents, or are the 
cause of disease or irritation in animals or birds.
    Equivalent test. A serologic, microbiologic, chemical, or physical 
test approved for use in a region exporting livestock or livestock 
products to the United States and recognized by the Administrator as 
providing results equal to a test approved by the United States 
Department of Agriculture. Recognition of a test as an ``equivalent 
test'' will be made by the Administrator after he or she reviews 
scientific data that shows that the results of the test are equal to 
the USDA-approved test.
    Exposed. (1) An animal or means of conveyance that has been in 
contact with or that can reasonably be expected to have been in contact 
with an animal, feed, water, air, soil, tools, or other objects, 
insects, or ectoparasites infected or contaminated with a communicable 
disease agent, as determined by the Administrator.
    (2) A region or premises where an animal, feed, water, air, soil, 
tools or other objects, insects, or ectoparasites contaminated with a 
communicable disease agent are or have been present within the known 
incubation period for the disease agent.
    (i) Direct exposure. Exposure by coming into direct contact with an 
infected animal, or with feed, water, air, soil, tools, or other 
objects, that have been contaminated by discharges from an infected 
animal.

[[Page 17047]]

    (ii) Indirect exposure. Exposure by coming into contact with vector 
insects or ectoparasites, or objects that have been contaminated other 
than by discharges from an infected animal.
    Herd. (1) A group of animals under common ownership or supervision 
that are maintained and intermingle on one or more parts of a single 
premises (farm, ranch, feedlot, etc.); or
    (2) A group of animals under common ownership or supervision 
maintained on geographically separated premises but that have been 
interchanged between the different premises or have been otherwise 
intermingled.
    Identification. (1) Permanent identification. Brands, tattoos, or 
electronic identification that cannot be readily removed or altered.
    (2) Semi-permanent identification. Identification such as metal or 
plastic ear tags that may remain on an animal permanently but can be 
easily altered, lost or removed.
    (3) Non-permanent identification. Identification such as temporary 
ear tags, chain tags, back tags, or tail tags.
    (4) Temporary identification. Lot identification if lots are not 
mixed, or the origin of all lots in a mixed lot.
    Immediate slaughter. Consignment directly from the port of entry to 
a recognized slaughtering establishment 1 and slaughter thereat 
within two weeks from the date of entry.
---------------------------------------------------------------------------

    \1\ The name of recognized slaughtering establishments approved 
under this part may be obtained from the Area Veterinarian in Charge 
(AVIC), Veterinary Services, Animal and Plant Health Inspection 
Service, for the State of destination of the shipment. AVIC 
telephone numbers can be found in the local telephone book.
---------------------------------------------------------------------------

    Import (imported, importation) into the United States. To bring 
into the territorial limits of the United States.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service authorized to perform duties required under this subpart.
    Livestock. Domesticated species of cattle, swine, sheep, goats, 
llamas, horses, or poultry that normally and historically have been 
kept and raised on farms. Livestock also includes bison and cervidae or 
other species kept in captivity for producing food or fiber, or for 
other commercial purposes.
    Moved directly. Moved (shipped, transported, other otherwise moved) 
without unloading and without stopping except for refueling, or for 
traffic conditions such as traffic lights or stop signs.
    Official seal. A serially numbered, metal or plastic strip, 
consisting of a self-locking device on one end and a slot on the other 
end, which forms a loop when the ends are engaged and which cannot be 
reused if opened, or a serially numbered, self-locking button which can 
be used for this purpose.
    Operator. Any person operating an approved quarantine facility.
    Permitted treatment. A treatment authorized by the Administrator to 
be used in the official treatment of animals for control or removal of 
ectoparasites.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Port Veterinarian. A veterinarian employed by APHIS to perform 
duties required under this part at a port of entry.
    Post-importation quarantines. Quarantines applied in the importing 
region at a facility specially designated as an import quarantine 
facility.
    Pre-embarkation quarantines. Quarantines applied in the exporting 
region. May be on the premises of origin, a separate quarantine 
facility, a border station, or other facility used to hold animals 
while in transit.
    Quarantine. Confinement of all susceptible animals, animal 
products, feed, farm machinery, other equipment, means of conveyance, 
and any other potentially contaminated objects to a premises or area 
where infection or infestation with a specific restricted agent has 
been found or is suspected to exist.
    Recognized slaughtering establishment. An establishment 2 
where slaughtering operations are regularly carried on under Federal or 
State inspection and that has been approved by APHIS to receive animals 
for slaughter under this part.
---------------------------------------------------------------------------

    \2\ See footnote 1 in Sec. 93.400.
---------------------------------------------------------------------------

    Region. Any defined geographic land region identifiable by 
geological, political or surveyed boundaries.
    Restricted agents. A livestock communicable disease agent, vector, 
or host of an agent not known to exist in the United States or that is 
subject to Federal or cooperative Federal/State control or eradication 
program within the United States. Restricted agents are listed in 
Sec. 92.2 of this chapter.
    Risk Class regions. Exporting regions designated by the 
Administrator according to the results of a risk assessment as defined 
in Sec. 92.1 of this chapter, and determined by criteria as set forth 
in Sec. 92.3 of this chapter, are incorporated herein and are 
applicable to this part.
    Ruminants. All animals that chew the cud, such as cattle, 
buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.
    Shipping container. For the purposes of Sec. 93.402, any container 
of a type specially adapted for use in transporting any article on the 
means of conveyance involved.
    Susceptible animals. Species of ruminants or other animals that can 
become infected with a specific disease agent.
    Trail. Move animals from one place to another by having them walk 
under their own power, and by leading them by ropes or other devices 
tied to the animal and guided by persons or trained animals.
    Transported. Moved or shipped from one place to another by any 
means of conveyance, such as airplane, ship, boat, barge, truck, train, 
cart, or other vehicle.
    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 indirectly to an animal 
through an intermediate arthropod vector, including ticks or insects.
    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.
    Wether. A castrated male sheep or goat.
    Zoological park. A zoo, park, garden or other place, maintained 
under the surveillance of a licensed Doctor of Veterinary Medicine, for 
the exhibition of live animals, pigeons or birds, for the purpose of 
public recreation or education.


Sec. 93.401  General prohibitions; exceptions.

    (a) No ruminant subject to the provisions of this part may be 
imported into the United States except in accordance with the 
regulations in this part, nor may any such ruminant be handled or moved 
after physical entry into the United States before final release from 
quarantine or any other form of Federal governmental detention except 
in compliance with such regulations; Provided that: Except as 
prohibited by section 306 of the Act of June 17, 1930, as amended (19 
U.S.C. 1306), the Administrator may, upon request in specific cases, 
allow ruminants to be brought into or through the United States under 
such conditions as he or she may prescribe, when he or she determines 
in the specific case that

[[Page 17048]]

such action will not endanger the livestock or poultry of the United 
States.
    (b) Except for ruminants prohibited entry by section 306 of the Act 
of June 17, 1930, as amended (19 U.S.C. 1306), the provisions in this 
part relating to ruminants shall not apply to healthy ruminants in 
transit through the United States if they are not known to be infected 
with or exposed, within 60 days preceding the date of export from the 
region of origin, to communicable diseases of ruminants, and if an 
import permit 3 has been properly applied for and obtained under 
Sec. 93.404 of this chapter and all conditions therein are observed; 
and if the following conditions are also met:
---------------------------------------------------------------------------

    \3\ Such permit may be obtained from the National Center for 
Import and Export, Veterinary Services, APHIS, 4700 River Road Unit 
39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

     (1)(i) The ruminants are maintained under continuous confinement 
in transit through the United States aboard an aircraft, ocean vessel, 
or other means of conveyance; or
    (ii) The ruminants are unloaded, in the course of such transit, 
into a ruminant holding facility that is provided by the carrier or its 
agent and has been approved 4 in advance by the Administrator in 
accordance with paragraph (c) of this section as adequate to prevent 
the spread within the United States of any livestock disease, and the 
ruminants are maintained there under continuous confinement until 
loaded aboard a means of conveyance for transportation from the United 
States and are maintained under continuous confinement aboard such 
means of conveyance until it leaves the United States; the import 
permit will specify any additional conditions necessary to ensure that 
the transit of the ruminants through the United States can be made 
without endangering the livestock or poultry of the United States, and 
that Department inspectors may inspect the ruminants on board such 
means of conveyance or in such holding facility as provided in section 
5 of the Act of July 2, 1962 (21 U.S.C. 134d) to ascertain whether the 
requirements of this paragraph are met, and dispose of them in 
accordance with section 2 of the Act of July 2, 1962 (21 U.S.C. 134a) 
if such conditions are not met; and
---------------------------------------------------------------------------

    \4\ Requests for approval of ruminant holding facilities should 
be made to the National Center for Import and Export, Veterinary 
Services, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (2) The carrier or its agent executes and furnishes to the 
collector of U.S. Customs at the first port of arrival in the United 
States a declaration stating that the ruminants will be retained aboard 
such means of conveyance or in an approved holding facility during 
transshipment as required by this paragraph.
    (c) Provisions for the approval of facilities required in this 
paragraph are:
    (1) They must be sufficiently isolated to prevent direct or 
indirect contact with all other animals and birds while in the United 
States.
    (2) They must be so constructed that they provide adequate 
protection against environmental conditions and can be adequately 
cleaned, washed and disinfected.
    (3) They must provide for disposal of ruminant carcasses, manure, 
bedding, waste and any related shipping materials in a manner that will 
prevent dissemination of disease.
    (4) They must have provisions for adequate sources of feed and 
water and for attendants for the care and feeding of ruminants in the 
facility.
    (5) They must comply with additional requirements as may be imposed 
by the Administrator if deemed applicable for a particular shipment.
    (6) They must also comply with all applicable local, State and 
Federal requirements for environmental quality and with the provisions 
of the Animal Welfare Regulations in chapter I of this title, as 
applicable.


Sec. 93.402  Inspection of certain aircraft and other means of 
conveyance and shipping containers thereon; unloading, cleaning, and 
disinfection requirements.

    (a) Inspection. All aircraft and other means of conveyance 
(including shipping containers thereon) moving into the United States 
from any foreign country are subject to inspection without a warrant by 
properly identified and designated APHIS inspectors to determine 
whether they are carrying any animal, carcass, product or article 
regulated or subject to disposal under any law or regulation 
administered by the Secretary of Agriculture for prevention of the 
introduction or dissemination of any communicable animal disease (21 
U.S.C. 134d).
    (b) Unloading requirements. Whenever in the course of any such 
inspection at any port in the United States the APHIS inspector has 
reason to believe that the means of conveyance or container is 
contaminated with material of animal origin, such as, but not limited 
to, meat, organs, glands, extracts, secretions, fat, bones, blood, 
lymph, urine, or manure, so as to present a danger of the spread of any 
communicable animal disease, the inspector may require the holding and 
unloading of the means of conveyance and the emptying of the container 
if he or she deems it necessary to enable him or her to determine 
whether the means of conveyance or container is in fact so 
contaminated. The principal operator of the means of conveyance and his 
or her agent in charge of the means of conveyance must comply with any 
such requirements under the immediate supervision of, and in the time 
and manner prescribed by, the inspector.
    (c) Cleaning and disinfection. Whenever, upon inspection under this 
section, an inspector determines that a means of conveyance or shipping 
container is contaminated with material of animal origin so as to 
present a danger of the spread of any communicable animal disease, he 
or she shall notify the principal operator of the means of conveyance 
or his or her agent in charge, of such determination and the 
requirements under this section. The person so notified must cause the 
proper cleaning and disinfection of such means of conveyance and 
container under the immediate supervision of, and in the time and 
manner prescribed by, the inspector.


Sec. 93.403  Ports designated for the importation of ruminants.

    (a) Air and ocean ports. The following ports have APHIS inspection 
and quarantine facilities necessary for quarantine stations and all 
ruminants shall be entered into the United States only through these 
stations, except as otherwise provided in this section; Miami, Florida; 
Honolulu, Hawaii; and Newburgh, New York.
    (b) Canadian border ports. The following land border ports are 
designated as having the necessary inspection facilities for the entry 
of ruminants from Canada: Eastport, Idaho; Houlton and Jackman, Maine; 
Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, 
Minnesota; Opheim, Raymond, and Sweetgrass, Montana; Alexandria Bay, 
Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North 
Dakota; Derby Line and Highgate Springs, Vermont; Blaine, Lynden, 
Oroville, and Sumas, Washington.
    (c) Mexican border ports. The following land border ports are 
designated as having the necessary inspection facilities for the entry 
of ruminants from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del 
Rio, and Presidio, Texas; Douglas, Naco, Nogales, Sasabe, and San Luis, 
Arizona; Calexico and San Ysidro, California; and Antelope Wells, 
Columbus, and Santa Teresa, New Mexico.
    (d) Special ports. Charlotte Amalie, St. Thomas, and Christiansted, 
St. Croix, in the United States Virgin Islands, are

[[Page 17049]]

hereby designated as quarantine stations for the entry of ruminants 
from the British Virgin Islands into the United States Virgin Islands 
for immediate slaughter.
    (e) Limited ports. The following ports are designated as having 
inspection facilities for the entry of ruminants and ruminant test 
specimens that do not appear to require restraint and holding 
inspection facilities: Anchorage and Fairbanks, Alaska; San Diego, 
California; Jacksonville, St. Petersburg-Clearwater, and Tampa, 
Florida; Atlanta, Georgia; Chicago, Illinois; New Orleans, Louisiana; 
Portland, Maine; Baltimore, Maryland; Boston, Massachusetts; 
Minneapolis, Minnesota; Great Falls, Montana; Portland, Oregon; San 
Juan, Puerto Rico; El Paso, Galveston and Houston, Texas; and Seattle, 
Spokane, and Tacoma, Washington.
    (f) Designation of other ports. The Secretary of the Treasury has 
approved the designation as quarantine stations of the ports specified 
in this section. In special cases other ports may be designated as 
quarantine stations under this section by the Administrator, with the 
concurrence of the Secretary of the Treasury.
    (g) Ports and privately operated quarantine facilities for sheep. 
Sheep may be entered into the United States at any port specified in 
paragraph (a) of this section, or at any other port designated as an 
international port or airport by the U.S. Customs Service and 
quarantined at privately operated quarantine facilities provided the 
applicable provisions of Secs. 93.401, 93.404(a), 93.405, 93.406, and 
93.407 are met.


Sec. 93.404  Import permits for ruminants and for ruminant specimens 
for diagnostic purposes; and reservation fees for space at quarantine 
facilities maintained by APHIS.

    (a) Application for import permit; reservation required. (1) To 
import ruminants and ruminant test specimens for diagnostic screening 
purposes from any part of the world, the importer must first apply for 
and obtain from APHIS an import permit, except that, the following 
types of ruminants are exempt from import permit requirements when they 
are imported through a land border port: sheep and goats from regions 
classified as Risk Class RN for foot-and-mouth disease and rinderpest, 
when imported for immediate slaughter; and cattle, bison, and wethers 
whether or not they are imported for immediate slaughter. The 
application must specify the name and address of the importer; the 
species, breed, number or quantity of ruminants or ruminant test 
specimens to be imported; the purpose of the importation; individual 
ruminant identification that includes a description of the ruminant, 
name, age, markings, if any, registration number, if any, and tattoo or 
eartag; the region of origin; the name and address of the exporter; the 
port of embarkation in the foreign country; the mode of transportation, 
route of travel, and the port of entry in the United States; the 
proposed date of arrival of the ruminants or ruminant test specimens to 
be imported; and the name of the person to whom the ruminants or 
ruminant test specimens will be delivered and the location of the place 
in the United States to which delivery will be made from the port of 
entry. Additional information may be required in the form of 
certificates concerning specific diseases to which the ruminants are 
susceptible, as well as vaccinations or other precautionary treatments 
to which the ruminants or ruminant test specimens have been subjected. 
Notice of any such requirement will be given to the applicant in each 
case.5
---------------------------------------------------------------------------

    \5\ See Secs. 93.405, 93.406, and 93.415 for additional 
requirements for the importation of ruminants.
---------------------------------------------------------------------------

    (2) An application for permit to import ruminants and/or ruminant 
test specimens may also be denied because of: Communicable disease 
conditions in the region of origin, or in a region where the shipment 
has been or will be held or through which the shipment has been or will 
be transported; deficiencies in the regulatory programs for the control 
or eradication of animal diseases and the unavailability of veterinary 
services in the above mentioned regions; the importer's failure to 
provide satisfactory evidence concerning the origin, history, and 
health status of the ruminants; the lack of satisfactory information 
necessary to determine that the importation will not be likely to 
transmit any communicable disease to livestock or poultry of the United 
States; or any other circumstances that the Administrator believes 
require such denial to prevent the dissemination of any communicable 
disease of livestock or poultry into the United States.
    (3)(i) The importer or importer's agent must pay or ensure payment 
of a reservation fee for each lot of ruminants to be quarantined in a 
facility maintained by USDA. For ruminants, the reservation fee shall 
be 100 percent of the cost of providing care, feed, and handling during 
quarantine, as estimated by the quarantine facility's veterinarian in 
charge.
    (ii) At the time the importer or the importer's agent requests a 
reservation of quarantine space, the importer or importer's agent must 
pay the reservation fee by check or U.S. money order or ensure payment 
of the reservation fee by an irrevocable letter of credit from a 
commercial bank (the effective date on such letter of credit must run 
to 30 days after the date the ruminants are scheduled to be released 
from quarantine); except that anyone who issues a check to the 
Department for a reservation fee that is returned because of 
insufficient funds shall be denied any further request for reservation 
of a quarantine space until the outstanding amount is paid.
    (iii) Any reservation fee paid by check or U.S. money order shall 
be applied against the expenses incurred for services received by the 
importer or importer's agent in connection with the quarantine for 
which the reservation was made. Any part of the reservation fee that 
remains unused after being applied against the expenses incurred for 
services received by the importer or the importer's agent in connection 
with the quarantine for which the reservation was made, shall be 
returned to the individual who paid the reservation fee. If the 
reservation fee is ensured by a letter of credit, the Department will 
draw against the letter of credit unless payment for services received 
by the importer or importer's agent in connection with the quarantine 
is otherwise made at least 3 days prior to the expiration date of the 
letter of credit.
    (iv) Any reservation fee shall be forfeited if the importer or the 
importer's agent fails to present for entry, within 24 hours following 
the designated time of arrival, the lot of ruminants for which the 
reservation was made: Except that a reservation fee shall not be 
forfeited if:
    (A) Written notice of cancellation from the importer or the 
importer's agent is received by the office of the veterinarian in 
charge of the quarantine facility 6 during regular business hours 
(8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) no 
later than 15 days prior to the beginning of the time of importation of 
the ruminants as specified in the import permit or as arranged with the 
veterinarian in charge of the quarantine facility if no import permit 
is required (the 15 days period shall not include Saturdays, Sundays, 
or holidays); or
---------------------------------------------------------------------------

    \6\ The addresses of USDA quarantine facilities may be found in 
telephone directories listing the facilities or by contacting the 
National Center for Import and Export, Veterinary Services, APHIS, 
4700 River Road Unit 39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (B) The Administrator determines that services, other than provided 
by carriers, necessary for the importation of

[[Page 17050]]

the ruminants within the requested period are unavailable because of 
unforeseen circumstances as determined by the Administrator (such as 
the closing of an airport due to inclement weather or the 
unavailability of the reserved space due to the extension of another 
quarantine).
    (v) If the reservation fee was ensured by a letter of credit and 
the fee is to be forfeited under paragraph (a)(3)(iv) of this section, 
the Department will draw against the letter of credit unless the 
reservation fee is otherwise paid at least 3 days prior to the 
expiration date of the letter of credit.
    (vi) When a reservation is canceled in accordance with paragraph 
(a)(3)(iv)(A) of this section and the provisions of paragraph 
(a)(3)(iv)(B) of this section do not apply, a $40.00 cancellation fee 
shall be charged. If a reservation fee was paid, the cancellation fee 
shall be deducted from any reservation fee returned to the importer or 
the importer's agent. If the reservation fee was ensured by a letter of 
credit, the Department will draw the amount of the cancellation fee 
against the letter of credit unless the cancellation fee is otherwise 
paid at least 3 days prior to the expiration date of the letter of 
credit.
    (b) Import Permit. When an import permit is issued, the original 
and two copies will be sent to the importer. It shall be the 
responsibility of the importer to forward the original import permit 
and one copy to the shipper in the country of origin, and it shall also 
be the responsibility of the importer to insure that the shipper 
presents the copy of the import permit to the carrier and makes proper 
arrangements for the original permit to accompany the shipment to the 
specified U.S. port of entry for presentation to the collector of 
customs. All ruminants and ruminant test specimens for diagnostic 
screening purposes intended for importation into the United States for 
which an import permit has been issued, must be received at the 
specified port of entry within the time prescribed in the import permit 
and shall not exceed 14 days from the first day that the permit is 
effective for all permits relevant to the shipment or shipments. All 
ruminants and ruminant test specimens for which an import permit is 
required by these regulations will not be eligible for entry into the 
United States if an import permit has not been issued; if the ruminants 
or ruminant test specimens are unaccompanied by such a permit; if the 
shipment is from any port other than the one designated in the permit; 
if arrival in the United States is at any port other than the one 
designated in the permit; if the ruminants or ruminant test specimens 
imported are different from those described in the permit; if the 
ruminants or ruminant test specimens are not handled as outlined in the 
application for the import permit and as specified in the permit 
issued; or if ruminants or swine other than those covered by the import 
permits are aboard the transporting carrier.


Sec. 93.405  Certificate of export and other requirements for 
ruminants.

    (a) All ruminants imported or offered for importation from any part 
of the world, except for ruminants that are imported for immediate 
slaughter from regions classified as Risk Class RN for all restricted 
agents of ruminants, and except as provided in paragraphs (c) and (d) 
of this section,7 must be accompanied by a certificate of export 
issued and signed by an authorized veterinarian and endorsed by an 
official of the National Veterinary Services of the country of export, 
who certifies that the veterinarian signing and issuing the certificate 
is authorized to do so and who certifies that:
---------------------------------------------------------------------------

    \7\ See Sec. 93.415 for additional requirements for ruminants 
imported from specific risk class regions.
---------------------------------------------------------------------------

    (1) The ruminants originate from premises that are not known to 
have been affected with any communicable diseases of ruminants during 
the previous 60 days;
    (2) The ruminants originate from premises that are not known to 
have been affected with restricted ectoparasites of ruminants during 
the previous 60 days;
    (3) During transportation to the port of embarkation there was no 
direct or indirect exposure to any potential carrier animals from any 
region affected with restricted agents that affect ruminants;
    (4) While en route to the port of entry, the ruminants were not 
trailed or driven through any Risk Class R3, R4 or RU region for any 
tick-borne restricted agents that affect ruminants;
    (5) While en route to the port of entry, the ruminants were not 
trailed, driven, transported, or otherwise moved through any Risk Class 
R3, R4, or RU region for any restricted insect-transmitted agents that 
affect ruminants, during a time of year when insect vectors were 
active;
    (6) The ruminants were either inspected on the day of embarkation 
and were found to be free of restricted ectoparasites as listed in 
Sec. 92.2 of this chapter, or were treated with one of the permitted 
treatments listed in Sec. 72.13(b) of this chapter within 10 to 14 days 
of embarkation. If treated, the pesticide, active ingredient, 
concentration, and date applied must be recorded on the health 
certificate; and
    (7) The ruminants were transported to the United States only in 
means of conveyance or vehicles that were cleaned and disinfected prior 
to use.
    (b) Prior to entry into the United States, the ruminants must be 
identified in accordance with Sec. 71.18 of this chapter.
    (c) Cattle, sheep, and goats that are from a region classified as 
RN for all restricted diseases affecting the type of animal in 
question, and that are to be transported in-bond through the United 
States for immediate export, shall be inspected at the border port of 
entry and, when accompanied by an import permit obtained under 
Sec. 93.404 and when all conditions therein are observed, shall be 
allowed entry into the United States and shall be otherwise handled in 
accordance with Sec. 93.401(b).
    (d) Ruminants originating in the United States and transported 
directly through a region classified as RN for all restricted diseases 
for the type of ruminant being transported, may re-enter the United 
States without foreign health or test certificates when accompanied by 
copies of the United States export health certificates properly issued 
and endorsed in accordance with the regulations in part 91 of this 
chapter: Provided, That, to qualify for reentry into the United States, 
the date, time, port of entry, and signature of the port veterinarian 
of the foreign country that inspected the ruminants for entry into the 
foreign country shall be recorded on the United States health 
certificate, or a paper containing such information shall be attached 
to the certificate that accompanies the ruminants. In all cases, it 
shall be determined by the veterinary inspector at the United States 
port of entry that the ruminants are the identical ruminants covered by 
said certificate.
    (e) If any ruminants are unaccompanied by the export certificate as 
required by paragraph (a) of this section, or if such ruminants are 
found upon inspection at the United States port of entry to be affected 
with or to have been exposed to a communicable disease, they shall be 
refused entry and shall be handled thereafter in accordance with the 
provisions of section 8 of the Act of August 30, 1890 (26 Stat. 416; 21 
U.S.C. 103), or quarantined, or otherwise disposed of as the 
Administrator may direct.


Sec. 93.406  Permit, certificate, declaration and other documents for 
ruminants.

    (a) The export certificates, import permits, declarations, and 
affidavits required by the regulations in this part

[[Page 17051]]

must be presented by the importer or his or her agent to the collector 
of customs at the port of entry upon arrival of ruminants at such port, 
for the use of the veterinary inspector at the port of entry.
    (b) For all ruminants imported or offered for importation, the 
importer or his or her agent must first present two copies of a 
declaration that lists the port of entry, the name and address of the 
importer, the name and address of the broker, the origin of the 
ruminants, the number, breed, species, and purpose of the importation, 
the name of the person to whom the ruminants will be delivered, and the 
location of the place to which such delivery will be made.


Sec. 93.407  Inspection at the port of entry.

    Ruminants imported from any part of the world must be inspected at 
the United States port of entry. All ruminants found to be free from 
communicable disease and not to have been exposed thereto within 60 
days prior to their exportation to the United States shall be admitted 
subject to the other provisions in this part; all other ruminants shall 
be refused entry. Ruminants refused entry, unless exported within a 
time fixed in each case by the Administrator, and in accordance with 
other provisions he or she may require in each case for their handling, 
shall be disposed of as the Administrator may direct, in accordance 
with provisions of section 2 of the Act of July 2, 1962 (21 U.S.C. 
134a), or the provisions of section 8 of the Act of August 30, 1890 (21 
U.S.C. 103). Such portions of the transporting vessel, and of its 
cargo, that have been exposed to any such ruminants or their 
emanations, must be disinfected in such manner as may be considered 
necessary by the inspector in charge at the port of entry to prevent 
the introduction or spread of livestock or poultry disease, before the 
cargo is allowed to land.


Sec. 93.408  Articles accompanying ruminants.

    No litter or manure, fodder or other aliment, nor any equipment 
such as boxes, buckets, ropes, chains, blankets, or other things used 
for or about ruminants governed by the regulations in this subpart, may 
be landed from any conveyance except under such restrictions as the 
inspector in charge at the port of entry shall direct.


Sec. 93.409  Movement from conveyances to quarantine station.

    Platforms and chutes used for handling imported ruminants must be 
cleaned and disinfected under APHIS supervision after being so used. 
The said ruminants may not be moved over any highways nor allowed to 
come in contact with other animals, but must be transferred from the 
conveyance to the quarantine grounds only in boats, cars, or vehicles 
approved by the inspector in charge at the port of entry. Such cars, 
boats, or vehicles must be cleaned and disinfected under APHIS 
supervision immediately after such use, by the carrier moving the same. 
The railway cars so used must be either cars reserved for this 
exclusive use or box cars not otherwise employed in the transportation 
of animals or their fresh products. When movement of the aforesaid 
ruminants upon or across a public highway is unavoidable, it shall be 
under such careful supervision and restrictions as the inspector in 
charge at the port of entry and the local authorities may direct.


Sec. 93.410  Ruminant quarantine facilities.

    (a) Privately operated quarantine facilities. The importer, or his 
or her agent, of ruminants subject to quarantine under the regulations 
in this subpart must arrange for acceptable transportation to the 
privately operated quarantine facility and for the care, feed, and 
handling of the ruminants from the time of unloading at the quarantine 
port to the time of release from quarantine. Such arrangements shall be 
agreed to in advance by the Administrator. All expenses resulting 
therefrom or incident thereto shall be the responsibility of the 
importer; APHIS assumes no responsibility with respect thereto. The 
quarantine facility must be suitable for the quarantine of such 
ruminants and must be approved by the Administrator prior to the 
issuance of any import permit. The facilities occupied by ruminants 
must be kept clean and sanitary. If for any cause the care, feed, or 
handling of ruminants, or the sanitation of the facilities, is 
neglected, in the opinion of the inspector assigned to supervise the 
quarantine, such services may be furnished by APHIS in the same manner 
as though arrangements had been made for such services as provided by 
paragraph (b) of this section, and/or the ruminants may be disposed of 
as the Administrator may direct, including sale in accordance with the 
procedure described in paragraph (b) of this section. The importer, or 
his or her agent, must request in writing such inspection and other 
services as may be required, and shall waive all claim against the 
United States and APHIS or any employee of APHIS for damages that may 
arise from such services. The Administrator may prescribe reasonable 
rates for the services provided under this paragraph. When it is found 
necessary to extend the usual minimum quarantine period, the importer, 
or his or her agent, shall be so advised in writing and must pay for 
such additional quarantine and other services required. Payment for all 
services received by the importer, or his or her agent, in connection 
with each separate lot of ruminants must be made by certified check or 
U.S. money order prior to release of the ruminants. If such payment is 
not made, the ruminants may be sold in accordance with the procedure 
described in paragraph (b) of this section, or otherwise disposed of as 
directed by the Administrator.
    (b) Quarantine facilities maintained by APHIS. The importer, or his 
or her agent, of ruminants subject to quarantine under the regulations 
in this subpart must arrange for acceptable transportation to the 
quarantine facility, and for the care, feed, and handling of the 
ruminants from the time they arrive at the quarantine port to the time 
of release from quarantine. Such arrangements shall be agreed to in 
advance by the Administrator. The importer or his or her agent shall 
request in writing such inspection and other services as may be 
required, and shall waive all claim against the United States and APHIS 
or any employee of APHIS, for damages that may arise from such 
services. All expenses resulting therefrom or incident thereto shall be 
the responsibility of the importer; APHIS assumes no responsibility 
with respect thereto. The Administrator may prescribe reasonable rates 
for the services provided under this paragraph. When it is found 
necessary to extend the usual minimum quarantine period, the importer, 
or his or her agent, shall be so advised in writing and must pay for 
such additional quarantine and other services required. Payment for 
services received by the importer, or his or her agent, in connection 
with each separate lot of ruminants must be made by certified check or 
U.S. money order prior to release of the ruminants. If such payment is 
not made, the ruminants may be sold in accordance with the procedure 
described in this paragraph or otherwise disposed of as directed by the 
Administrator. When payment is not made and the ruminants are to be 
sold to recover payment for services received, the importer, or his or 
her agent, will be notified by the inspector that if said charges are 
not immediately paid or satisfactory arrangements made for payment, the 
ruminants will be sold at public sale to pay the expense of care, feed, 
and handling during that period. The sale will be held after the 
expiration of the quarantine period, at such time

[[Page 17052]]

and place as may be designated by the General Services Administration 
of the United States Government or other designated selling agent. The 
proceeds of the sale, after deducting the charges for care, feed, and 
handling of the ruminants and other expenses, including the expense of 
the sale, shall be held in a Special Deposit Account in the United 
States Treasury for 6 months from the date of sale. If not claimed by 
the importer, or his or her agent, within 6 months from the date of 
sale, the amount so held shall be transferred from the Special Deposit 
Account to the General Fund Account in the United States Treasury.


Sec. 93.411  Quarantine stations, visiting restricted; sales 
prohibited.

    Visitors shall not be admitted to the quarantine enclosure during 
any time that ruminants are in quarantine except that an importer (or 
his or her accredited agent or veterinarian) may be admitted to the 
yards and buildings containing his or her quarantined ruminants at such 
intervals as may be deemed necessary, and under such reasonable 
conditions and restrictions as may be imposed, by the inspector in 
charge of the quarantine station. On the last day of the quarantine 
period, owners, officers or registry societies, and others having 
official business or whose services may be necessary in the removal of 
the ruminants may be admitted upon written permission from the said 
inspector. No exhibition or sale shall be allowed within the quarantine 
grounds.


Sec. 93.412  Milk from quarantined ruminants.

    Milk or cream from ruminants quarantined under the provisions of 
this subpart may not be used by any person other than those in charge 
of such ruminants, nor be fed to any animals other than those within 
the same enclosure, without permission of the inspector in charge of 
the quarantine station and subject to such restrictions as he or she 
may consider necessary to each instance. No milk or cream may be 
removed from the quarantine premises except in compliance with all 
State and local regulations.


Sec. 93.413  Manure from quarantined ruminants.

    No manure may be removed from the quarantine premises until the 
release of the ruminants producing the manure.


Sec. 93.414  Appearance of disease among ruminants in quarantine.

    (a) If any restricted agent or other communicable disease appears 
among ruminants during the pre-embarkation or post-importation 
quarantine periods, special precautions shall be taken to prevent 
spread of the infection to other animals in the quarantine station or 
to those outside the grounds. The affected ruminants in post-
importation quarantine shall be disposed of as the Administrator may 
direct, depending upon the nature of the disease.
    (b) If there are test-positive animals during the post-importation 
quarantine (in the absence of clinical signs of disease), the 
Administrator may require additional testing of the test-positive 
animal(s) and/or test-negative animals to determine if any of the 
animals will be eligible for entry into the United States.


Sec. 93.415  Requirements for importation of live ruminants from 
various risk class regions.

    Ruminants may be imported from any regions of the world only if 
they meet the requirements of this section, and all other applicable 
requirements of this part.8
---------------------------------------------------------------------------

    \8\  8 See Secs. 93.404, 93.405, and 93.406.
---------------------------------------------------------------------------

    (a) Regions classified as Risk Class RN for all restricted agents 
affecting ruminants. In addition to the export certificate requirements 
of Sec. 93.405, the certificate of export for live ruminants from 
regions that are classified as Risk Class RN must certify that the 
ruminants to be imported have only been on premises located in regions 
listed as Risk Class RN for the specific restricted agent and that they 
meet all other requirements of this subpart.
    (b) Mycobacterium bovis. Any ruminant with positive results to an 
approved test for M. bovis shall be refused entry. Ruminants with 
negative results may be eligible for entry based on their status as 
determined by part 77 of this chapter. However, all ruminants imported 
for immediate slaughter are exempt from M. bovis testing and quarantine 
requirements. Such ruminants must be consigned from the port of entry 
to a recognized slaughtering establishment and there slaughtered within 
2 weeks from the date of import. Such ruminants must be moved from the 
port of entry in conveyances closed with official seals of the United 
States Government applied and removed by an APHIS representative, or an 
individual authorized for this purpose by an APHIS representative.
    (1) Regions classified as Risk Class R1 for M. bovis. In addition 
to the export certificate requirements of Sec. 93.405, the certificate 
of export for live ruminants over 6 months of age from regions that are 
classified as Risk Class R1 for M. bovis, must certify that the 
ruminants to be imported were born and resided only in regions that are 
classified as Risk Class RN or R1 for M. bovis.
    (2) Regions classified as Risk Class R2 for M. bovis.
    (i) In addition to the export requirements of Sec. 93.405, the 
certificate of export for live ruminants over 6 months of age from 
regions that are classified as Risk Class R2 for M. bovis, must certify 
that:
    (A) The ruminants to be imported were born and resided only in 
regions that are classified as Risk Class RN, R1, or R2 for M. bovis; 
and
    (B) If the ruminants to be imported are not neutered, that the 
ruminants have had a negative result to an approved test for M. bovis 
not less than 60 nor more than 90 days (not less than 90 nor more than 
120 days for any non-neutered cervidae) prior to export.
    (ii) Non-neutered ruminants must be detained at the port of entry 
or designated entry quarantine facility for a minimum of 72 hours until 
tested with negative results to an approved test for M. bovis.
    (3) Regions classified as Risk Class R3 for M. bovis. (i) In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants over 6 months of age from 
regions that are classified as R3 for M. bovis must certify that:
    (A) The ruminants to be imported were born and resided only in 
regions classified as Risk Class RN, R1, R2, or R3 for M. bovis;
    (B) The ruminants to be imported have had a negative result to an 
approved test for M. bovis not less than 60 nor more than 90 (not less 
than 90 nor more than 120 days for cervidae) days prior to export; and
    (C) If the ruminants to be imported are non-neutered ruminants from 
herds of origin that do not meet the requirements for accredited free 
herd status in part 77 of this chapter, the ruminants come from herds 
that have had a negative result to an approved test for M. bovis no 
less than 4 months nor more than 12 months prior to the date of export.
    (ii) Neutered ruminants must be identified by a permanent, legible 
mark on the right hip. The mark must consist of an ``M'' for neutered 
males and an ``Mx'' for neutered females, not less than 2'' nor more 
than 3'' high.
    (iii) Non-neutered ruminants must be detained at the United States 
port of entry or designated entry quarantine facility a minimum of 72 
hours until tested with negative results to an approved test for M. 
bovis.
    (4) Regions classified as R4 and RU for M. bovis. 

[[Page 17053]]

    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants over 6 months 
of age from regions that are classified as Risk Class R4 or RU for M. 
bovis must certify that the ruminants to be imported:
    (A) Have had a negative result to an approved test for M. bovis not 
less than 30 nor more than 60 days (60-90 days for cervidae) prior to 
export;
    (B) Originate from herds in which the entire herd has had a 
negative result to an approved test for M. bovis not less than 4 nor 
more than 12 months prior to the date of exportation; and
    (C) Non-neutered ruminants have undergone at least 60 days (90 days 
for cervidae) of pre-embarkation quarantine prior to export.
    (ii) Neutered ruminants must be identified by a permanent, legible 
mark on the right hip. The mark must consist of an ``M'' for neutered 
males and an ``Mx'' for neutered females, not less than 2'' nor more 
than 3'' high.
    (iii) Non-neutered ruminants to be imported must be quarantined at 
a post-importation quarantine facility designated and approved by the 
Administrator for a minimum of 30 days, during which time they must be 
tested with negative results with an approved test for M. bovis.
    (c) Brucella abortus, B. suis biovar 4, and B. melitensis. All 
ruminants imported for immediate slaughter are exempt from all 
brucellosis test and quarantine requirements. Such ruminants must be 
consigned from the port of entry to a recognized slaughtering 
establishment and there be slaughtered within 2 weeks from the date of 
entry. Such ruminants must be moved from the port of entry in 
conveyances closed with official seals of the United States Government 
applied and removed by an APHIS representative, or an individual 
authorized for this purpose by an APHIS representative.
    (1) Regions classified as Risk Class R1 for B. abortus, B. suis 
biovar 4, and B. melitensis. In addition to the export certificate 
requirements of Sec. 93.405, the certificate of export for live non-
neutered ruminants over 6 months of age from regions that are 
classified as Risk Class R1 for B. abortus, B. suis biovar 4, and B. 
melitensis must certify that the ruminants to be imported:
    (i) Were born and resided only in regions that are classified as 
Risk Class RN or R1 for B. abortus, B. suis biovar 4, and B. 
melitensis; and
    (ii) Have not been vaccinated with any live brucella vaccine.
    (2) Regions classified as Risk Class R2 or (if brucellosis 
certified-free herds) regions classified as Risk Class R3 for B. 
abortus, B. suis biovar 4, and B. melitensis. 
    (i) To be considered as from a brucellosis certified-free herd, an 
animal's herd must be the requirements for a brucellosis certified-free 
herd in part 78 of this chapter.
    (ii) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live non-neutered ruminants 
over 6 months of age from regions that are classified as Risk Class R2 
or (if the ruminants are from brucellosis certified-free herds) as Risk 
Class R3 for B. abortus, B. suis biovar 4, and B. melitensis must 
certify that the ruminants to be imported:
    (A) Were born and resided only in regions that are classified as 
Risk Class RN, R1, or R2, or regions that are classified as Risk Class 
R3 (if brucellosis certified-free herds) for B. abortus, B. suis biovar 
4, and B. melitensis;
    (B) If vaccinated, have only been vaccinated with B. abortus Strain 
19 according to the procedures in part 78 of this chapter; and
    (C) Had a negative result to an approved test for brucellosis no 
less than 30 nor more than 60 days prior to the date of exportation.
    (iii) The ruminants must be detained at the port of entry or 
quarantine facility until tested with negative results for B. abortus, 
B. suis biovar 4, and B. melitensis under the supervision of the port 
veterinarian.
    (3) Regions classified as Risk Class R3 (if the ruminants are not 
from herds certified free of brucellosis), R4, and RU for B. abortus, 
B. suis biovar 4, and B. melitensis. (i) In addition to the export 
certificate requirements of Sec. 93.405, the certificate of export for 
live non-neutered ruminants from regions that are classified as Risk 
Class R3 (if the ruminants are not from herds certified as free of 
brucellosis), R4, and RU for B. abortus, B. suis biovar 4, and B. 
melitensis must certify that the ruminants to be imported:
    (A) Originated from a herd where all non-neutered ruminants over 6 
months of age had negative results to an approved brucellosis test not 
more than 12 months nor less than 6 months prior to export; If any 
test-positive animals were found during the herd test, they were 
removed from the herd and all remaining animals were re-tested with 
negative results not less than 6 months after any test positive animals 
were removed;
    (B) If vaccinated, have been vaccinated only with B. abortus Strain 
19 according to the procedures in part 78 of this chapter;
    (C) Have undergone a minimum of 30 days pre-embarkation quarantine 
prior to export; and
    (D) Have had a negative result to an approved test for B. abortus, 
B. suis biovar 4, and B. melitensis within the 30 days prior to export.
    (ii) The ruminants must be quarantined for at least 15 days at a 
post-importation quarantine designated and approved by the 
Administrator.
    (iii) The ruminants must have a negative result to approved tests 
for B. abortus, B. suis biovar 4, and B. melitensis during the post-
importation quarantine period.
    (d) Foot-and-mouth disease (FMD) virus. All ruminants imported for 
immediate slaughter that are born and raised in regions classified as 
Risk Class R1 or R2 for FMD are exempt from the test and quarantine 
requirements of this section. The ruminants must be consigned from the 
port of entry to a recognized slaughtering establishment and there 
slaughtered within 48 hours from the date of entry. The ruminants must 
be moved from the port of entry in conveyances closed with official 
seals of the United States Government applied and removed by an APHIS 
representative, or an individual authorized for this purpose by an 
APHIS representative.
    (1) Regions classified as Risk Class R1 for FMD virus. In addition 
to the export certificate requirements of Sec. 93.405, the certificate 
of export for live ruminants from regions that are classified as Risk 
Class R1 for FMD must certify that the ruminants to be imported:
    (i) Were born and resided only in regions listed as Risk Class RN 
or R1 for FMD;
    (ii) Have not been vaccinated for FMD; and
    (iii) Have had a negative result to an approved serological test 
for FMD within 30 days prior to the date of export.
    (2) Regions classified as Risk Class R2 for FMD virus. (i) In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants from regions that are 
classified as Risk Class R2 for FMD virus must certify that the 
ruminants to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1 or R2 for FMD;
    (B) Have not been vaccinated for FMD;
    (C) Have had a negative result to an approved serological test for 
FMD within 30 days prior to export; and
    (D) Underwent pre-embarkation quarantine for a minimum of 30 days 
prior to export.

[[Page 17054]]

    (ii) The ruminants must undergo post-importation quarantine for a 
minimum of 15 days at a facility designated and approved by the 
Administrator.
    (iii) The ruminants must have a negative result to an approved 
serological test for FMD during the post-importation quarantine period.
    (3) Regions classified as Risk Class R3 for FMD virus. 
    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants from regions 
that are classified as Risk Class R3 for FMD virus, must certify that 
the ruminants to be imported:
    (A) Were born and resided only in regions listed as Risk Class RN, 
R1, R2 or R3 for FMD;
    (B) Have not been vaccinated for FMD;
    (C) Have not been on any premises affected with FMD virus during 
the 12 months prior to export;
    (D) Have not been on any premises located within 25 miles (40 km) 
of any premises affected with FMD virus in the 90 days prior to export;
    (E) Have undergone pre-embarkation quarantine for at least 60 days 
prior to export under USDA supervision in a facility approved by the 
Administrator according to Sec. 93.431 of this subpart; and
    (F) Have had, during the pre-embarkation quarantine, negative 
results to two tests not less than 15 days apart for FMD virus using an 
approved serological test. If indicated, oesophageal-pharyngeal fluid 
samples will be taken for further testing.
    (ii) The ruminants to be imported must be quarantined at the Harry 
S Truman Animal Import Center according to the procedures of 
Sec. 93.430 for at least 60 days without sentinel animals, during which 
time such animals will be subjected to a test for FMD virus at least 
once using an approved serological test. If indicated, oesophageal-
pharyngeal fluid samples will be taken for further testing.
    (4) Regions classified as Risk Class R4 or RU for FMD virus. 
    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants from regions 
that are classified as Risk Class R4 or RU for FMD must certify that 
the ruminants to be imported:
    (A) Have not been vaccinated for FMD;
    (B) Have not been on any premises affected with FMD virus during 
the 12 months prior to export;
    (C) Have not been on a premises located within 25 miles (40 km) of 
any premises affected with FMD virus in the 90 days prior to export;
    (D) Have undergone pre-embarkation quarantine for at least 60 days 
prior to export under USDA supervision in a facility approved by the 
Administrator according to Sec. 93.431; and
    (E) During pre-embarkation quarantine, have had negative results to 
two tests conducted not less than 15 days apart for FMD virus using an 
approved serological test. If indicated, oesophageal-pharyngeal fluid 
samples were taken for further testing.
    (ii) The ruminants to be imported must be quarantined at the Harry 
S Truman Animal Import Center according to the procedures of 
Sec. 93.430 for at least 90 days with sentinel animals, during which 
time such animals will be subjected to a test for FMD virus at least 
once using an approved serological test. If indicated, oesophageal-
pharyngeal fluid samples will be taken for further testing.
    (5) Wild ruminants from R3, R4, or RU regions affected with foot-
and-mouth disease or rinderpest. (i) Wild ruminants originating in 
regions classified as Risk Class R3, R4 or RU for foot-and mouth 
disease or rinderpest may be carriers of such diseases even though the 
animals do not show clinical evidence of the diseases. In view of these 
circumstances and in order to prevent the introduction and 
dissemination of restricted agents of livestock and to protect the 
livestock of the United States, import permits for the importation of 
wild ruminants, such as, but not limited to, giraffes, deer and 
antelopes, will be issued only if such animals are intended for 
exhibition purposes in a zoological park previously approved by the 
Administrator, in accordance with the standards specified in paragraph 
(d)(5)(ii) of this section and if the operator of such approved 
zoological park and the importer, if such operator and importer are 
different parties, has or have entered into the agreement set forth in 
paragraph (d)(5)(iv) of this section with APHIS for the maintenance and 
handling of such wild ruminants in the manner specified in the 
agreement to prevent the introduction and dissemination of communicable 
disease. The New York port of entry is the only port at which 
facilities are available that are adequate for the quarantining of wild 
ruminants. Accordingly, permits issued for the importation of such wild 
ruminants will require that the ruminants be imported through the port 
of New York and be quarantined at that port. The Administrator may 
cancel such a permit when he or she finds that any provision of this 
section or any other provision of the regulations has not been or is 
not being complied with.
    (ii) Approval of a zoological park for the receipt and maintenance 
of imported wild ruminants as described in this paragraph, shall be on 
the basis of an inspection, by an authorized representative of the 
Department, of the physical facilities of the establishment and its 
methods of operation. Standards for acceptable physical facilities 
shall include satisfactory pens, cages, or enclosures in which the 
ruminants can be maintained so as not to be in contact with the general 
public and free from contact with domestic livestock; natural or 
established drainage from the zoological park that will avoid 
contamination of land areas where domestic livestock are kept or with 
which domestic livestock may otherwise come in contact; provision for 
the disposition of manure, other wastes, and dead ruminants within the 
zoological park; and other reasonable facilities considered necessary 
to prevent the dissemination of diseases from the zoological park. The 
operator of the zoological park must have available the services of a 
full-time or part-time veterinarian, or a veterinarian on a retainer 
basis, who must make periodic examinations of all animals maintained at 
the zoological park for evidence of disease; who must make a post-
mortem examination of each animal that dies; and who must make a prompt 
report of suspected cases of contagious or communicable diseases to 
appropriate State or Federal livestock sanitary officials.
    (iii) Manure and other animal wastes must be disposed of within the 
zoological park for a minimum of 1 year following the date a ruminant 
enters the park. If an APHIS veterinarian determines that a ruminant 
shows no signs of any illness at the end of this 1-year period, its 
manure and other wastes need not be disposed of within the park. If, 
however, an APHIS veterinarian determines that a ruminant does show 
signs of any illness at the end of this 1-year period, an APHIS 
veterinarian will investigate the illness and determine whether the 
ruminant's manure and other wastes may safely be disposed of outside 
the zoological park.
    (iv) Prior to the issuance of an import permit under this section 
and Sec. 93.404, the operator of the approved zoological park to which 
the wild ruminants are to be consigned, and the importer of the wild 
ruminants, if such operator and importer are different parties, must 
execute an agreement covering each wild ruminant or group of wild 
ruminants for which the import permit is requested. The agreement shall 
be in the following form:

[[Page 17055]]



Agreement for the Importation, Quarantine and Exhibition of Certain 
Wild Ruminants and Wild Swine
    __________, operator(s) of the zoological park known as 
__________ (Name) located at __________ (City and state), and 
__________ (Importer) hereby request a permit for the importation of 
__________ (Number and kinds of animals) for exhibition purposes at 
the said zoological park, said animals originating in a Risk Class 
R3, R4, or RU region for foot-and-mouth disease or rinderpest, and 
being subject to restrictions under regulations contained in part 
93, title 9, Code of Federal Regulations.
    In making this request, it is understood and agreed that:
    1. The animals for which an import permit is requested will be 
held in isolation at a port of embarkation in the country of origin, 
approved by the Administrator as a port having facilities that are 
adequate for maintaining wild animals in isolation from all other 
animals and having veterinary supervision by officials of the 
country of origin of the animals. Such animals will be held in such 
isolation for not less than 60 days under the supervision of the 
veterinary service of that country to determine whether the animals 
show any clinical evidence of restricted agents or other 
communicable disease and to assure that the animals will not have 
been exposed to such a disease within the 60 days prior to their 
exportation from that country.
    2. Shipment will be made directly from such port of embarkation 
to the port of New York as the port of entry into the United States. 
If shipment is made by ocean vessel the animals will not be unloaded 
in any foreign port en route. If shipment is made by air, the 
animals will not be unloaded at any port or other place of landing 
except at a port approved by the Administrator as a port not located 
in a region classified as R3, R4, or RU for rinderpest or foot-and-
mouth disease or as a port in such a region having facilities and 
inspection approved by the Administrator as adequate for maintaining 
wild animals in isolation from all other animals.
    3. No ruminants or swine will be aboard the transporting 
vehicle, vessel or aircraft except those for which an import permit 
has been issued.
    4. The animals will be quarantined for not less than 30 days in 
the Department's Animal Import Center in Newburgh, New York.
    5. Upon release from quarantine, the animals will be delivered 
to the zoological park named in this agreement to become the 
property of the park and they will not be sold, exchanged or removed 
from the premises without the prior consent of APHIS.

----------------------------------------------------------------------
(Signature of importer)

Subscribed and sworn to before me this __________ day of __________, 
19____.

----------------------------------------------------------------------
(Title or designation)

----------------------------------------------------------------------
(Name of zoological park)

By __________ (Signature of officer of zoological park)

----------------------------------------------------------------------
(Title of officer)

Subscribed and sworn to before me this ____ day of __________, 
19____.

----------------------------------------------------------------------
(Title or designation)

    (e) Rinderpest and peste de petits ruminants (PPR). Ruminants 
imported for immediate slaughter that are born and raised in regions 
classified as Risk Class R1 or R2 for rinderpest and/or PPR are exempt 
from the test and quarantine requirements of this section. Such 
ruminants must be consigned from the port of entry to a recognized 
slaughtering establishment and there slaughtered within 2 weeks from 
the date of entry, and be moved from the port of entry in conveyances 
closed with official seals of the United States Government applied and 
removed by an APHIS representative, or an individual authorized for 
this purpose by an APHIS representative.
    (1) Regions classified as Risk Class R1 for rinderpest and PPR. In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants from regions that are 
classified as Risk Class R1 for rinderpest and/or PPR must certify that 
the ruminants to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for rinderpest and/or PPR;
    (ii) Have not been vaccinated for rinderpest or PPR; and
    (iii) Have had a negative result to an approved serological test 
for rinderpest and/or PPR within 30 days prior to export.
    (2) Regions classified as Risk Class R2 for rinderpest and PPR. (i) 
In addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants from regions that are 
classified as Risk Class R1 for Rinderpest and/or PPR must certify that 
the ruminants offered to be imported:
    (A) Were born and resided only in regions listed as Risk Class RN, 
R1 or R2 for rinderpest and/or PPR;
    (B) Have not been vaccinated for rinderpest or PPR;
    (C) Have undergone pre-embarkation quarantine for a minimum of 30 
days prior to export; and
    (D) Have had a negative result to an approved serological test for 
rinderpest and/or PPR 30 days prior to export.
    (ii) The ruminants must undergo post-importation quarantine for a 
minimum of 15 days at a facility designated and approved by the 
Administrator.
    (iii) The ruminants must have a negative result to an approved 
serological test for rinderpest and/or PPR during the post-importation 
quarantine period.
    (3) Regions classified as Risk Class R3 for rinderpest and PPR.
    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants from regions 
that are classified as Risk Class R3 for rinderpest and/or PPR must 
certify that the ruminants to be imported:
    (A) Were born and resided only in regions listed as Risk Class RN, 
R1, R2 or R3 for rinderpest and/or PPR;
    (B) Have not been vaccinated for rinderpest or PPR;
    (C) Have not been on any premises affected with rinderpest and/or 
PPR virus during the 12 months prior to export;
    (D) Have not been on a premises located within 25 miles (40 km) of 
any premises affected with rinderpest and/or PPR virus in the 90 days 
prior to export;
    (E) Have undergone pre-embarkation quarantine for a minimum of 30 
days prior to export under USDA supervision in a facility approved by 
the Administrator in accordance with Sec. 93.431;
    (F) During pre-embarkation quarantine, have had negative results to 
two tests conducted not less than 15 days apart for rinderpest and/or 
PPR virus using an approved serological test. If indicated, nasal swabs 
or other tissues or samples will be taken for further testing.
    (ii) The ruminants to be imported must be quarantined at the Harry 
S Truman Animal Import Center according to the procedures of 
Sec. 93.430 for at least 30 days without sentinel animals, during which 
time the animals will be subjected to a test for rinderpest and/or PPR 
virus at least once using an approved serological test. If indicated, 
nasal swabs or other samples will be taken for further testing.
    (4) Regions classified as Risk Class R4 or RU for rinderpest and 
PPR.
    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants from regions 
that are classified as Risk Class R4 or RU for rinderpest and PPR must 
certify that the ruminants to be imported:
    (A) Have not been vaccinated for rinderpest or PPR;
    (B) Have not been on any premises affected with rinderpest and PPR 
virus during the 12 months prior to export;
    (C) Have not been on a premises located within 25 miles (40 km) of 
any premises affected with rinderpest and PPR virus in the 90 days 
prior to export;
    (D) Have undergone pre-embarkation quarantine for a minimum of 30 
days prior to export under USDA supervision

[[Page 17056]]

in a facility approved by the Administrator according to Sec. 93.431; 
and
    (E) During pre-embarkation quarantine, have had negative results to 
two tests conducted not less than 15 days apart for rinderpest and PPR 
virus using an approved serological test. If indicated, nasal swabs or 
other samples will be taken for further testing.
    (ii) The ruminants to be imported must be quarantined at the Harry 
S Truman Animal Import Center according to the procedures of 
Sec. 93.430 for at least 30 days with sentinel animals, during which 
time such animals will be subjected to a test for Rinderpest and/or PPR 
virus at least once using an approved serological test. If indicated, 
nasal swabs or other samples will be taken for further testing.
    (f) Restricted ectoparasites--(1) Regions classified as Risk Class 
R1 or R2 regions for restricted ectoparasites. (i) In addition to the 
export certificate requirements of Sec. 93.405, the certificate of 
export for live ruminants from regions that are classified as Risk 
Class R1 or R2 for restricted ectoparasites must certify that the 
ruminants to be imported resided for the 60 days prior to export only 
in regions listed as Risk Class RN, R1, or R2 for restricted 
ectoparasites.
    (ii) All ruminants to be imported must be inspected at the port of 
entry for ectoparasites, and given a precautionary treatment with one 
of the permitted treatments listed in Sec. 72.13(b) of this chapter. If 
found to be infested with restricted ectoparasites, the ruminants will 
be refused entry until treated with one of the permitted treatments 
listed in Sec. 72.13(b) of this chapter, and retreated 10 to 14 days 
after the initial treatment.
    (2) Regions classified as Risk Class R3, R4, or RU for restricted 
ectoparasites. (i) In addition to the export certificate requirements 
of Sec. 93.405, the certificate of export for live ruminants from 
regions that are classified as Risk Class R3, R4 or RU for restricted 
ectoparasites must certify that the ruminants to be imported:
    (A) Were treated for ectoparasites with an approved treatment 10 to 
14 days prior to export. If quarantine in a pre-embarkation facility is 
required under this subpart, the ruminants were treated immediately 
prior to entering a pre-embarkation facility; and
    (B) Were inspected while at the pre-embarkation facility and found 
to be free of any ectoparasites.
    (ii) The ruminants to be imported must be inspected at the port of 
entry for any ectoparasites, and given a precautionary treatment. If 
found to be infested with any ectoparasites, the ruminants will be 
refused entry until treated with one of the permitted treatments listed 
in Sec. 72.13(b) of this chapter, and retreated 10 to 14 days after the 
initial treatment.
    (g) Bovine Spongiform Encephalopathy (BSE)--(1) Regions classified 
as Risk Class R1 or R2 for BSE. In addition to the export certificate 
requirements of Sec. 93.405, the certificate of export for live cattle 
from regions classified as Risk Class R1 or R2 for BSE must certify 
that the cattle offered to be imported were born and resided only in R1 
or R2 regions, and that the cattle have only been on premises where no 
cases of BSE have been diagnosed during the 10 years immediately 
preceding the date of exportation.
    (2) Regions classified as Risk Class R3, R4, RU for BSE. The 
importation of live cattle from regions that are classified as Risk 
Class R3, R4, or RU for BSE is prohibited.
    (h) Scrapie--(1) Regions classified as Risk Class R1 or R2 for 
scrapie. In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live sheep or goats from 
regions that are classified as Risk Class R1 or R2 for scrapie must 
certify that the imported sheep or goats have only been on premises 
where no cases of scrapie have been diagnosed during the 5 years 
immediately preceding the date of intended exportation, and have 
resided only in regions listed as R1 or R2.
    (2) Regions classified as Risk Class R3 for scrapie. In addition to 
the requirements of Sec. 93.405, the certificate of export for live 
sheep or goats from regions that are classified as classified as Risk 
Class R3 for scrapie must certify that the sheep and goats to be 
imported:
    (i) Have been inspected on the premises of origin and found free of 
scrapie;
    (ii) That, as far as can be determined, scrapie has not existed on 
any premises on which such sheep or goats were located during the 42 
months immediately prior to shipment to the United States; and
    (iii) That each of the animals is not the progeny of a sire or dam 
that has been affected with scrapie.
    (3) Regions classified as Risk Class R4 or RU for scrapie. The 
importation of live sheep or goats from regions that are classified as 
R4 or RU for scrapie is prohibited.
    (i) Contagious agalactia (CA) due to Mycoplasma agalactiae, sheep 
pox virus (SP), goat pox virus (GP), and contagious caprine 
pleuropneumonia due to Mycoplasma mycoides subsp. capri (CCPP).
    (1) Regions classified as Risk Class R1 for CA, SP, GP, and/or 
CCPP. In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for sheep or goats from regions 
that are classified as Risk class R1 for CA, SP, GP, and/or CCPP must 
certify that the sheep and goats to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for CA, SP, GP, or CCPP;
    (ii) Have had a negative result to an approved serological test for 
CA, SP, GP, and/or CCPP within 30 days prior to export; and
    (iii) Have not been vaccinated for CA, SP, GP, and/or CCPP.
    (2) Regions classified as Risk Class R2 for CA, SP, GP, and/or 
CCPP.
    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for sheep or goats from regions 
classified as Risk Class R2 for CA, SP, GP, and/or CCPP must certify 
that the sheep or goats to imported:
    (A) Were born and resided only in regions listed as Risk Class RN, 
R1 or R2 for CA, SP, GP, and CCPP;
    (B) Have had a negative result to an approved serological test for 
CA, SP, GP, and/or CCPP 30 to 60 days prior to export to the United 
States; and
    (C) Have not been vaccinated for CA, SP, GP, or CCPP.
    (ii) The sheep or goats to be imported must be quarantined for at 
least 15 days at a post-importation quarantine facility designated and 
approved by the Administrator.
    (iii) The sheep or goats must have a negative result to an approved 
serological test for CA, SP, GP, and/or CCPP during the post-
importation quarantine period.
    (3) Regions listed as Risk Class R3 for CA, SP, GP, and/or CCPP. 
(i) In addition to the export certificate requirements of Sec. 93.405, 
the certificate of export for sheep or goats from regions classified as 
Risk class R3 for CA, SP, GP, and/or CCPP must certify that the sheep 
or goats to be imported:
    (A) Were born and resided only in regions listed as Risk Class RN, 
R1, R2 or R3 for CA, SP, GP, and CCPP;
    (B) Have not been vaccinated for CA, SP, GP, or CCPP;
    (C) Meet one of the following requirements:
    (1) Have had a negative result to an approved serological test for 
CA, SP, GP, and/or CCPP 30 to 60 days prior to export to the United 
States; or
    (2) Originate from a herd or flock in which all sheep and goats 
over 6 months of age have had a negative result to an approved 
serological test within 12 months prior to the time of export; and
    (D) Were quarantined for at least 30 days prior to export from all 
animals not

[[Page 17057]]

part of the group to be imported in facilities approved by the 
Administrator.
    (ii) The sheep and goats to be imported must be quarantined for at 
least 15 days at a post-importation quarantine facility designated and 
approved by the Administrator.
    (iii) The sheep and goats must have a negative result to an 
approved serological test for CA, SP, GP, and/or CCPP during the post-
importation quarantine period.
    (4) Regions classified as Risk Class R4 or RU for CA, SP, GP, and/
or CCPP.
    (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for sheep and goats from regions 
that are classified as Risk Class R4 or RU for CA, SP, GP, and/or CCPP 
must certify that the sheep and goats to be imported:
    (A) Have not been vaccinated for CA, SP, GP, or CCPP;
    (B) Have undergone a minimum 60-day pre-embarkation quarantine; and
    (C) Have had negative results to two approved tests conducted no 
sooner than 30 days apart for CA, SP, GP and/or CCPP, with the second 
test during the pre-embarkation quarantine period and not more than 30 
days before export.
    (ii) The sheep and goats to be imported must be quarantined for at 
least 30 days at a post-importation quarantine facility designated and 
approved by the Administrator.
    (iii) The sheep or goats to be imported must have a negative result 
to an approved serological test for CA, SP, GP, and/or CCPP during the 
post-importation quarantine period.
    (j) Malignant catarrhal fever--African type (MCF)--(1) Regions 
classified as Risk Class R1 for MCF. In addition to the export 
certificate requirements of Sec. 93.405, the certificate of export for 
live ruminants from regions that are classified as Risk Class R1 for 
MCF must certify that the ruminants to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for MCF;
    (ii) Have had a negative result to an approved serological test for 
MCF within 30 days prior to the date of export; and
    (iii) Have not been vaccinated for MCF.
    (2) Regions classified as Risk Class R2 for MCF. (i) In addition to 
the export certificate requirements of Sec. 93.405, the certificate of 
export for live ruminants from regions classified as Risk Class R2 for 
MCF must certify that the ruminants to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1 or R2 for MCF;
    (B) Have not been vaccinated for MCF; and
    (C) Have had a negative result to an approved serological test for 
MCF 30 to 60 days prior to the date of export.
    (ii) The ruminants to be imported must be quarantined for at least 
15 days at a post-importation quarantine facility designated and 
approved by the Administrator.
    (iii) The imported ruminants must have a negative result to an 
approved serological test for MCF during the post-importation 
quarantine period.
    (3) Regions classified as Risk Class R3 for MCF. (i) In addition to 
the export certificate requirements of Sec. 93.405, the certificate of 
export for live ruminants from regions classified as Risk Class R3 for 
MCF must state that the ruminants to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1, R2 or R3 for MCF;
    (B) Have not been vaccinated for MCF;
    (C) Meet one of the following requirements:
    (1) Have had a negative result to an approved serological test for 
MCF 30 to 60 days prior to the date of export; or
    (2) Originate from a herd in which all ruminants in the herd over 6 
months of age have had a negative result with an approved test for MCF 
within the previous 12 months; and
    (D) Have been in a pre-embarkation quarantine facility approved by 
the Administrator for a minimum of 30 days prior to export.
    (ii) The ruminants to be imported must be quarantined for at least 
15 days at a post-importation quarantine facility designated and 
approved by the Administrator.
    (iii) The imported ruminants must have a negative result to an 
approved serological test for MCF during the post-importation 
quarantine period.
    (4) Regions classified as Risk Class R4 or RU for MCF. (i) In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants from regions classified as 
Risk Class R4 or RU for MCF must certify that the ruminants to be 
imported:
    (A) Originate from herds that have not been affected with MCF 
during the previous 12 months;
    (B) Have not been vaccinated for MCF;
    (C) Have undergone a minimum of 60 days pre-embarkation quarantine; 
and
    (D) During pre-embarkation quarantine, have had negative results to 
two tests conducted not less than 15 days apart with an approved 
serological test for MCF.
    (ii) The ruminants to be imported must undergo post-importation 
quarantine for at least 15 days at a facility designated and approved 
by the Administrator.
    (iii) The imported ruminants must have a negative result to an 
approved serological test for MCF during the post-importation 
quarantine period.
    (k) Contagious bovine pleuropneumonia (CBPP)--(1) Regions 
classified as Risk Class R1 for CBPP. In addition to the export 
certificate requirements of Sec. 93.405, the certificate of export for 
live cattle from regions classified as Risk Class R1 for CBPP must 
certify that the cattle to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for CBPP;
    (ii) Have not been vaccinated for CBPP;
    (iii) Have undergone a minimum 30-day pre-embarkation quarantine; 
and
    (iv) Have had a negative result to an approved serological test for 
CBPP within 30 days prior to export.
    (2) Regions classified as Risk Class R2 for CBPP. (i) In addition 
to the export certificate requirements of Sec. 93.405, the certificate 
of export for live cattle from regions classified as Risk Class R2 for 
CBPP must certify that the cattle to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1 or R2 for CBPP;
    (B) Have not been vaccinated for CBPP; and
    (C) Have had a negative result to an approved serological test for 
CBPP 30 to 60 days prior to the date of export.
    (ii) The imported cattle must be quarantined for at least 15 days 
at a post-importation quarantine facility designated and approved by 
the Administrator.
     (iii) The imported cattle must have a negative result to an 
approved serological test for CBPP during the post-importation 
quarantine period.
    (3) Regions classified as Risk Class R3 for CBPP. (i) In addition 
to the export certificate requirements of Sec. 93.405, the certificate 
of export for live cattle from regions classified as Risk Class R3 for 
CBPP must certify that the cattle to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1, R2 or R3 for CBPP;
    (B) Have not been vaccinated for CBPP;
    (C) Meet one of the following requirements:

[[Page 17058]]

    (1) Have had a negative result to an approved serological test for 
CBPP 30 to 60 days prior to export; or
    (2) Originate from a herd in which all cattle in the herd over 6 
months of age have had a negative result to an approved test for CBPP 
within the previous 12 months; and
    (D) Have been quarantined and isolated for at least 30 days prior 
to export from all animals not part of the group to be imported.
    (ii) The imported cattle must be quarantined for at least 15 days 
at a post-embarkation quarantine facility designated and approved by 
the Administrator.
    (iii) The imported cattle must have a negative result to an 
approved serological test for CBPP during the post-embarkation 
quarantine period.
    (4) Regions classified as Risk Class R4 or RU for CBPP. (i) In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live cattle from regions that are classified 
as Risk Class R4 or RU for CBPP must certify that the cattle to be 
imported:
    (A) Originate from herds that have not been affected with CBPP 
during the previous 12 months;
    (B) Have not been vaccinated for CBPP;
    (C) Have undergone a minimum 60-day pre-embarkation quarantine; and
    (D) During pre-embarkation quarantine, have had negative results to 
two tests for CBPP conducted not less than 30 days apart with an 
approved serological test.
    (ii) The imported cattle must be quarantined for at least 30 days 
at a post-importation quarantine facility designated and approved by 
the Administrator.
    (iii) The imported cattle must have a negative result to an 
approved serological test for CBPP during the post-importation 
quarantine period.
    (l) Aino and Akabane virus--(1) Regions classified as Risk Class R1 
and R2 for aino and/or akabane virus. In addition to the export 
certificate requirements of Sec. 93.405, the certificate of export for 
live ruminants from regions classified as Risk Class R1 and R2 for aino 
and/or akabane must certify that the ruminants to be imported:
    (i) For at least 60 days have been only on premises in regions 
classified as Risk Class RN, R1 and R2;
    (ii) Have not been vaccinated for akabane or aino virus;
    (iii) Have had a negative result using an approved serological test 
for akabane and/or aino virus within 30 days prior to the date of 
export. If any of the ruminants in the shipment to be imported had a 
positive result to the test, then:
    (A) All positive pregnant female ruminant animals were removed from 
the group to be imported; and
    (B) All remaining ruminants (both positive and negative) were re-
tested at least 30 days following the first test, and all had negative, 
decreasing or stabilized test results.
    (2) Regions classified as Risk Class R3, R4, and RU for aino and/or 
akabane virus. (i) In addition to the export certificate requirements 
of Sec. 93.405, the certificate of export for live ruminants imported 
from regions classified as Risk Class R3, R4, or RU for aino and/or 
akabane must certify that the ruminants to be imported:
    (A) Do not originate from a herd that has been known to be infected 
with aino and/or akabane virus within 12 months prior to the date of 
export;
    (B) Have not been vaccinated for aino or akabane virus;
    (C) If offered for export during a time of year when vectors are 
active, were quarantined for at least 60 days prior to export in a 
vector-proof facility approved by the Administrator and by the national 
veterinary services in the country of origin;
    (D) If offered for export during a time of year when insect vectors 
are not active, at least 60 days has passed since the first killing 
frost of the season, and
    (E) Were tested twice with negative results at least 30 days apart 
with the second test within 30 days prior to the date of export, using 
an approved serological test for akabane and/or aino virus. The tests 
must be conducted at least 30 days apart. If any of the ruminants in 
the shipment to be imported had a positive result to either test, then:
    (1) All pregnant female ruminant animals were removed from the 
group to be imported; and
    (2) All remaining ruminants (both positive and negative) were re-
tested at least 30 days following the first test, with negative, 
decreasing or stabilized test results.
    (ii) The imported ruminants must be quarantined for at least 15 
days at a post-importation quarantine facility designated and approved 
by the Administrator.
    (iii) During the post-importation quarantine period, all the 
imported ruminants must have negative, decreasing, or stabilized test 
results to an approved serological test for akabane and/or aino virus.
    (m) Bluetongue virus except for serotypes 10, 11, 13 and 17 (BT); 
Epizootic Hemorrhagic Disease virus (Ibaraki) except serotypes 1 and 2 
(EHD); Bovine Ephemeral Fever virus group (Kotonkan, Obodhiang) (BEF); 
Rift Valley Fever virus (RVF); and/or Wesselsbron(WB) virus--(1) 
Regions classified as Risk Class R1 and R2 for BT, EHD, BEF, RVF, and 
WB virus. In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants from regions 
classified as Risk Class R1 and R2 for BT, EHD, BEF, RVF, and/or WB 
virus must certify that the ruminants to be imported:
    (i) Have resided for at least 60 days prior to export only on 
premises located in regions classified as Risk Class RN, R1 or R2;
    (ii) Have not been vaccinated for BT, EHD, BEF, RVF, or WB virus;
    (iii) Have had a negative result to an approved serological test 
for BT, EHD, BEF, RVF, and/or WB virus within 30 days prior to export. 
If any of the ruminants in the group to be imported test positive, then 
all the remaining ruminants in that group must qualify as ruminants 
from a Risk Class R3, R4 or RU region according to paragraph (m)(2) of 
this section.
    (2) Regions classified as Risk Class R3, R4, and RU for BT, EHD, 
BEF, RVF, and/or WB virus. (i) In addition to the export certificate 
requirements of Sec. 93.405, the certificate of export for live 
ruminants from regions classified as Risk Class R3, R4 or RU for BT, 
EHD, BEF, RVF, and/or WB virus must certify that the ruminants to be 
imported:
    (A) If offered for export during a season of the year when insect 
vectors are active, or less than 60 days after the first killing frost 
in the fall of the year, were quarantined and isolated from all animals 
not part of the group to be imported for at least 60 days prior to 
embarkation in a vector-proof facility approved by the Administrator;
    (B) If offered for export during a season of the year when insect 
vectors are not active, have remained on premises located in areas 
where the first killing frost in the fall occurred at least 60 days 
prior to date of embarkation;
    (C) Have not been vaccinated for BT, EHD, BEF, RVF, or WB virus;
    (D) Have had negative results to an approved serological test 30 to 
60 prior to embarkation;
    (E) If any of the ruminants in the group to be imported tests 
positive, then the positive animals must be removed from the group and 
all ruminants that tested negative to the first test required in 
paragraph (m)(2)(i)(D) of this section have had negative results to a 
second approved serological test for BT, EHD, BEF, RVF, and/or WB virus 
within 30 days prior to embarkation; and

[[Page 17059]]

    (F) If any of the ruminants in the group to be imported tests 
positive to the second test required in paragraph (m)(2)(i)(E) of this 
section, then:
    (1) If during a season of year in the exporting region when insect 
vectors are active, the remaining animals may not be exported to the 
United States during the insect vector season; or
    (2) If during a season of year when insect vectors are not active:
    (i) All positive animals were removed from the group to be 
imported; and
    (ii) All remaining animals were negative to a third test at least 
30 days following the second test required in paragraph (m)(2)(i)(E) of 
this section.
    (ii) Imported ruminants must be quarantined for at least 15 days at 
a post-importation quarantine facility designated and approved by the 
Administrator if imported during a season of the year in the United 
States when vectors are not active, and must be quarantined for 60 days 
if imported during a season of the year when vectors are active in the 
United States.
    (iii) During the post-importation quarantine period, all the 
imported ruminants must have negative results to an approved 
serological test for BT, EHD, BEF, RVF, and/or WB virus.
    (n) Nairobi Sheep Disease (Dugbe, Ganjam) virus (NSD)--(1) Regions 
classified Risk Class R1 and R2 for NSD. In addition to the export 
certificate requirements of Sec. 93.405, the certificate of export for 
live ruminants from regions classified as Risk Class R1 and R2 for NSD 
must certify that the ruminants to be imported:
    (i) Have resided for at least 60 days on premises located in 
regions classified as Risk Class RN, R1 or R2 for NSD;
    (ii) Have not been vaccinated for NSD;
    (iii) Have had a negative result to an approved serological test 
for NSD virus within 30 days prior to export. If any of the ruminants 
tests positive, then all the remaining ruminants in the group to be 
imported must meet the requirements for ruminants from Risk Class R3, 
R4 or RU regions, as set forth in paragraph (n)(2) of this section.
    (2) Regions classified as Risk Class R3, R4, and RU for NSD. (i) In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants from regions classified as 
Risk Class R3, R4, or RU for NSD virus must certify that the ruminants 
to be imported:
    (A) Were quarantined from all animals not part of the group to be 
imported, for at least 60 days prior to export, in a vector-proof 
facility approved by the Administrator and by the national Veterinary 
Services in the country of export;
    (B) Have not been vaccinated for NSD virus; and
    (C) During the pre-embarkation quarantine period, were tested 
twice, within 60 days prior to export and at least 30 days apart, with 
negative results, using an approved serological test for NSD virus. If 
any ruminants in the group to be imported tested positive to the first 
serological test, then all animals (positive and negative) were 
retested at least 30 days following the previous test with negative, 
decreasing, or stabilized test results to an approved serological test. 
Only those ruminants that are negative on both tests, or that were 
negative on virus isolation procedures may be exported to the United 
States.
    (ii) The imported ruminants must be quarantined for at least 15 
days at a post-importation quarantine facility designated and approved 
by the Administrator.
    (iii) During the post-importation quarantine period, all the 
imported ruminants must have a negative test result to an approved 
serological test for NSD.
    (o) Cowdria ruminantium (Heartwater), tick-borne encephalitis, and/
or Louping Ill--(1) Regions classified as Risk Class R1 and R2 for 
Cowdria ruminantium, tick-borne encephalitis, and Louping Ill. In 
addition to the export certificate requirements of Sec. 93.405, the 
certificate of export for live ruminants from regions classified as 
Risk Class R1 and R2 for Cowdria ruminantium, tick-borne encephalitis, 
and Louping Ill must certify that the ruminants to be imported:
    (i) Have resided on premises located in Risk Class RN, R1 and R2 
regions for Cowdria ruminantium, tick-borne encephalitis, or Louping 
Ill for at least 60 days immediately prior to export;
    (ii) Have not been vaccinated for Cowdria ruminantium, tick-borne 
encephalitis, or Louping Ill; and
    (iii) Have had a negative result to an approved serological test 
for Cowdria ruminantium, tick-borne, and/or Louping Ill within 30 days 
prior to export.
    (2) Regions classified as Risk Class R3, R4, and RU for Cowdria 
ruminantium, tick-borne encephalitis, and/or Louping Ill. (i) In 
addition to the export requirements of Sec. 93.405, the certificate of 
export for ruminants imported directly from regions classified as Risk 
Class R3, R4, and RU for Cowdria ruminantium, tick-borne encephalitis, 
and/or Louping Ill must certify that the ruminants to be imported:
    (A) Were quarantined for at least 60 days immediately prior to 
export in a vector-proof facility approved the Administrator and the 
national Veterinary Services in the country of export;
    (B) Have not been vaccinated for Cowdria riminantium, tick-borne 
encephalitis, and Louping Ill; and
    (C) During the pre-embarkation quarantine period, were tested 
twice, within 60 days prior to export and at least 30 days apart, with 
negative results using an approve serological test for Cowdria 
ruminantium, tick-borne encephalitis, and/or Louping Ill.
    (ii) The imported ruminants must be quarantined for at least 30 
days at a post-importation quarantine facility designated and approved 
by the Administrator.
    (iii) During the post-importation quarantine period the imported 
ruminants must be tested at least once, with negative results, for 
Cowdria ruminantium, tick-borne encephalitis, and/or Louping Ill using 
an approved serological test.
    (p) Theileria--(1) Regions classified as Risk Class R1 and R2 for 
Theileria. In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for the live ruminants from 
regions that are classified as Risk Class R1 and R2 for Theileria must 
certify that the ruminants to be imported:
    (i) For at least 1 year immediately prior to export, have resided 
only on premises located in regions classified as Risk Class RN, R1 or 
R2;
    (ii) Have not been vaccinated for Theileria; and
    (iii) Had a negative result to an approved serological test for 
Theileria within 30 days prior to export.
    (2) Regions classified as Risk Class R3, R4, and RU for Theileria. 
(i) In addition to the export certificate requirements of Sec. 93.405, 
the certificate of export for live ruminants imported from regions 
classified as Risk Class R3, R4, and RU for Theileria must certify that 
the ruminants to be imported:
    (A) Were quarantined for at least 60 days prior to export in a 
vector-proof facility approved by the Administrator and the National 
Veterinary services of the country of export;
    (B) Have not been vaccinated for Theileria; and
    (C) During the pre-embarkation quarantine period, we were tested 
twice, at least 30 days apart, with negative results using an approved 
serological test for Theileria.
    (ii) The imported ruminants must be quarantined for at least 30 
days at a port-importation quarantine facility

[[Page 17060]]

designated and approved by the Administrator.
    (iii) During the post-importation quarantine period, the imported 
ruminants must be tested at least once with negative results using an 
approved serological test for Theileria.
    (q) African (Salivarian or Tsetse-transmitted) Trypanosomes--
    (1) Regions classified as Risk Class R1 and R2 for African 
trypanosomes. In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for live ruminants from regions 
that are classified as Risk Class R1 and R2 for African trypannosomes 
must certify that the ruminants to be imported:
    (i) Have resided only on premises located in Risk Class RN, R1 or 
R2 regions for trypanosomes and tsetse flies (Glossina spp.) for their 
entire life;
    (ii) Have not been vaccinated for trypanosomes; and
    (iii) Have had a negative result to an approved serological test 
for African trypanosomes within 30 days prior to export.
    (2) Regions classified as Risk Class R3, R4, and RU for African 
trypanosomes. (i) In addition to the export certificate requirements of 
Sec. 93.405, the certificate of export for ruminants imported from 
regions classified as Risk Class R3, R4, and RU for African 
trypanosomes and Tsetse flies (Glossina spp.) must certify that the 
ruminants to be imported:
    (A) Originated from premises that have not had trypanosomiasis 
diagnosed during the previous 24 months;
    (B) Were quarantined for least 60 days prior to export in a vector-
proof facility approved by the Administrator and the National 
Veterinary Services of the country of export;
    (C) Have not been vaccinated for trypanosomes; and
    (D) During the pre-embarkation quarantine period, had negative 
results to an approved serological test for trypanosomes.
    (ii) The imported ruminants must be quarantined for at least 30 
days at a post-importation quarantine facility designated and approved 
by the Administrator.
    (iii) During the post-importation quarantine period, the imported 
ruminants must be tested at least once for trypanosomes, with negative 
results, using approved serological tests.
    (r) Globidiosis due to Besnoitia besnoiti, Lumpy Skin Disease (LSD) 
virus, and/or Parafilaria bovicola (parafilariasis)--(1) Regions 
classified as Risk Class R1 and R2 for Besnoitia besnoiti, LSD, and/or 
Parafilaria bovicola. In addition to the export certificate 
requirements of Sec. 93.405, the certificate of export for live 
ruminants from regions that are classified as Risk Class R1 and R2 for 
Besnoitia besnoiti, LSD, and/or Parafilaria bovicola must certify that 
the ruminants to be imported:
    (i) For at least 60 days immediately prior to export, have resided 
only on premises located in Risk Class RN, R1 and R2 regions for 
Besnoitia besnoiti, LSD, and/or Parafilaria bovicola;
    (ii) Have not been vaccinated for Besnoitia besnoiti, LSD, or 
Parafilaria bovicola; and
    (iii) Had a negative result to an approved serological test for 
Besnoitia besnoiti, LSD, and/or Parafilaria bovicola within 30 days 
prior to export.
    (2) Regions classified as Risk Class R3, R4, and RU for Besnoitia 
besnoiti, LSD, and/or Parafilaria bovicola. (i) In addition to the 
export certificate requirements of Sec. 93.405, the certificate of 
export for live ruminants imported from regions that are classified as 
Risk Class Regions R3, R4, and/or RU for Besnoitia besnoiti, LSD, and/
or Parafilaria bovicola must certify that the ruminants to be imported:
    (A) Were quarantined, for at least 60 days prior to export, from 
all animals not part of the shipment, in a vector-proof facility 
approved by the Administrator;
    (B) Have not been vaccinated for Besnoitia besnoiti, LSD, or 
Parafilaria bovicola; and
    (C) During the pre-embarkation quarantine period, were tested twice 
at least 30 days apart with negative results, using an approved 
serological test for Besnoitia besnoiti, LSD, and/or Parafilaria 
bovicola.
    (ii) The imported ruminants must be quarantined for at least 15 
days at a post-importation quarantine facility designated and approved 
by the Administrator.
    (iii) During the post-importation quarantine period the ruminants 
must be tested at least once, with negative results, using approved 
serological tests.
    (s) Trypanosoma spp. transmitted by vectors other than tsetse flies 
(Glossina spp.) (NTT-Trypanosomas), tick-borne fever due to Erlichia 
(Cytoecetes) phagocytophilia (TBF), bovine infectious petechial fever 
(Ondiri disease) due to Erlichia(Cytoecetes) ondiri (BPF)--(1) Regions 
classified as Risk Class R1 and R2 for NTT-Trypanosomas, TBF, and/or 
BPF. In addition to the export certificate requirements of Sec. 93.405, 
the certificate of export for live ruminants from regions classified as 
Risk Class R1 and R2 for NTT-Trypanosomas, TBF, and/or BPF must certify 
that the ruminants to be imported:
    (i) Have resided for their entire life only on premises located in 
regions classified as Risk Class RN, R1 and R2 for NTT-Trypanosomas, 
TBF, and BPF;
    (ii) Have not been vaccinated for NTT-Trypanosomas, TBF, or BPF; 
and
    (iii) Had a negative result to an approved serological test for 
NTT-Trypanosomas, TBF, and/or BPF within 30 days prior to export.
    (2) Regions classified as Risk Class R3, R4, and RU for NTT-
Trypanosomas, TBF, and/or BPF. (i) In addition to the export 
certificate requirements of Sec. 93.405, the certificate of export for 
live ruminants imported from regions that are classified as Risk Class 
R3, R4, and/or RU for NTT-Trypanosomas, TBF, and/or BPF must certify 
that the ruminants to be imported:
    (A) Were quarantined from all animals not part of the group to be 
imported, for at least 60 days prior to export, in a vector-proof 
facility approved by the Administrator and the National Veterinary 
Services of the country of export;
    (B) Have not been vaccinated for NTT-Trypanosomas, TBF, or BPF; and
    (C) During the pre-embarkation quarantine period, were tested twice 
at least 30 days apart with negative results, using an approved 
serological test for NTT-Trypanosomas, TBF, and/or BPF.
    (ii) If imported during a season of the year when vectors are not 
active in the United States, the ruminants imported must be quarantined 
for at least 15 days at a post-importation quarantine facility 
designated and approved by the Administrator
    (iii) if imported during a season of the year when vectors are 
active in the United States, the ruminants imported must be quarantined 
for at least 60 days at a post-importation quarantine facility 
designated and approved by the Administrator.
    (iv) During the post-importation quarantine period the imported 
ruminants must be retested at least once with negative results to an 
approved serological test for NTT-Trypanosomas, TBF, and/or BPF.
    (t) Vesicular Stomatitis virus (VSV)--(1) Regions classified as 
Risk Class R1 for VSV. In addition to the requirements of Sec. 93.405 
of this part, the certificate of export for live ruminants from regions 
that are classified as Risk Class R1 for VSV must certify that the 
ruminants to be imported:
    (i) Have resided for at least 60 days prior to export only on 
premises located in Risk Class RN or R1 regions for VSV; and
    (ii) Have not been vaccinated for VSV.

[[Page 17061]]

    (2) Regions classified as Risk Class R2 for VSV. In addition to the 
requirements of Sec. 93.405 of this part, the certificate of export for 
live ruminants imported from regions that are classified as Risk Class 
R2 for VSV must certify that the ruminants to be imported:
    (i) Have resided for at least 60 days prior to export only on 
premises located in Risk Class RN, R1 or R2 regions for VSV;
    (ii) Have not been vaccinated with any live attenuated vaccines for 
VSV; and
    (iii) Have not been vaccinated with inactivated vaccines for VSV 
within 60 days prior to export.
    (3) Regions classified as Risk Class R3, R4, and RU regions for 
VSV. (i) In addition to the requirements of Sec. 93.405 of this part, 
the certificate of export for live ruminants imported from regions that 
are classified as Risk Class R3, R4, and/or RU for VSV must certify 
that the ruminants to be imported:
    (A) Have not been vaccinated with any live attenuated vaccines for 
VSV;
    (B) Have not been vaccinated with inactivated vaccines for VSV 
within 60 days prior to export;
    (C) Have not been located on any premises where VSV has occurred 
within 60 days prior to export; and
    (D) If exported during a season of the year when insect vectors 
were active:
    (1) Were quarantined and isolated from all other animals not part 
of the shipment for at least 30 days prior to export in a vector-proof 
facility approved by the Administrator; and
    (2) During the pre-embarkation quarantine period, had negative 
results to an approved serological test for VSV within 14 days prior to 
export.
    (ii) If imported during a season of the year when insect vectors 
are active within the United States, the imported ruminants:
    (1) Must be quarantined for at least 15 days at a post-importation 
quarantine facility designated and approved by the Administrator; and
    (2) During the post-importation quarantine period, must have 
negative results to an approved serological test for VSV.


Sec. 93.416   Importation of ruminants through the Harry S Truman 
Animal Import Center (HSTAIC).

    (a) Exclusive right to use HSTAIC. The Animal and Plant Health 
Inspection Service will enter into a cooperative-service agreement with 
only one importer for each importation through the Harry S Truman 
Animal Import Center (HSTAIC). Applications for the HSTAIC lottery will 
not be accepted from, and a cooperative-service agreement to use HSTAIC 
will not be offered to or entered into with, any person who has debts 
owing to APHIS that have not been paid by the date specified in APHIS's 
original billing notification to the person. Any person who has debts 
owing to APHIS that have not been paid by the date specified in APHIS's 
original billing notification to that person will be removed from the 
current priority list. An importer granted the exclusive right to use 
HSTAIC may include in his or her allotted number, animals of the same 
species belonging to other persons interested in importing animals 
through HSTAIC, except that llamas and alpacas may be included in the 
same importation. However, APHIS will deal exclusively with the 
importer in whose name the application for use of HSTAIC was submitted. 
The Animal and Plant Health Inspection Service will hold this importer 
solely responsible for all costs (excepting capital expenditures at 
HSTAIC) incurred during the animal qualification process. The animal 
qualification process begins on the date the cooperative-service 
agreement is delivered to the address listed on the importer's HSTAIC 
application, for the importer's signature, if HSTAIC is not available 
to other importers, up to a maximum of 30 days. A cooperative-service 
agreement will be deemed to have been delivered when the importer signs 
the U.S. Postal Service domestic return receipt, or the importer 
refuses delivery of the cooperative-service agreement by the U.S. 
Postal Service, or the cooperative-service agreement is returned by the 
U.S. Postal Service as either unclaimed or undeliverable. HSTAIC can 
accommodate a finite number of animals at one time, but the maximum 
allowed for a particular importation will vary, depending on the size 
of the species. The Animal and Plant Health Inspection Service will 
specify this figure in the cooperative-service agreement, reproduced in 
paragraph (d) of this section.
    (b) Scheduling. Applications from prospective users of HSTAIC are 
processed according to the following system:
    (1) All applications for use of HSTAIC. (i) To qualify to use 
HSTAIC, an importer must submit a completed application,\9\ providing 
estimates when exact information as required on the application form is 
unavailable.
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    \9\ Application forms are available from, and must be submitted 
to Import/Export Animals Staff, National Center for Import and 
Export, Veterinary Services, Animal and Plant Health Inspection 
Service, 4700 River Road Unit 39, Riverdale, MD 20737-1231.
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    (ii) Each applicant for the importation of animals through HSTAIC 
must make a deposit of $32,000 in the form of a certified check or 
money order, payable in U.S. funds. The deposit of each applicant who 
is not given the opportunity to use HSTAIC will be returned to the 
applicant at the end of the calendar year of the prospective 
importation, or whenever the applicant removes his or her name from the 
priority list described in paragraph (b)(4) of this section. The Animal 
and Plant Health Inspection Service will draw on the deposit of the 
applicant whose application is selected, to pay for the costs of 
preparing and maintaining HSTAIC in readiness for the applicant's 
animals. A charge of $1,067 will be made for each day that HSTAIC is 
not available to another importer, starting on the date the 
cooperative-service agreement is delivered to the address listed on the 
importer's HSTAIC application, and ending either with the day that 
APHIS receives the signed cooperative-service agreement or the day the 
applicant notifies APHIS in writing that he or she does not intend to 
sign the cooperative-service agreement, up to a maximum of 30 days. A 
cooperative-service agreement will be deemed to have been delivered 
when the importer signs the U.S. Postal Service domestic return 
receipt, or refuses delivery of the cooperative-service agreement by 
the U.S. Postal Service, or the cooperative-service agreement is 
returned by the U.S. Postal Service as either unclaimed or 
undeliverable.
    (2)(i) During the first seven days of December,\10\ APHIS will hold 
a lottery, randomly drawing the names of applicants in an order that 
will determine the order in which they will be offered use of HSTAIC 
for an importation during the next calendar year. To be included in the 
annual December lottery, applications must reach the Import-Export 
Animals Staff, Veterinary Services, no earlier than October 1 and no 
later than October 15 of that year.
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    \10\ The Animal and Plant Health Inspection Service will publish 
a notice announcing the exact date in the Federal Register at least 
30 days in advance of the December drawing.
---------------------------------------------------------------------------

    (ii) One application is required for each importation proposed. 
Deposits required by paragraph (b)(1)(ii) of this section must be 
received by APHIS at least 7 calendar days prior to the date of the 
lottery.
    (3) The priority list established by the annual December lottery 
will remain effective from January 1 through December 31 of the next 
calendar year,

[[Page 17062]]

superseding all previous lists. Which year's list is used is governed 
by the date exclusive use of HSTAIC is offered and not by the date the 
applicant's animals are scheduled to arrive at HSTAIC.
    (4) The names of all applicants whose applications have reached the 
Import-Export Animals Staff, Veterinary Services, no earlier than 
October 1 and no later than October 15 (see paragraphs (b) (1) and (2) 
of this section), and whose deposits have reached APHIS at least 7 
calendar days prior to the date of the lottery, will be drawn during 
the December lottery. The order in which names appear on the priority 
list will correspond to that established by the lottery. If the person 
first offered the right to use HSTAIC does not ensure receipt of the 
cooperative-service agreement by the Import-Export Animals Staff, 
Veterinary Services, within 30 days of receiving the cooperative-
service agreement, APHIS will void that offer, and make an offer to the 
applicant next on the priority list. The Animal and Plant Health 
Inspection Service will limit importations to one per importer for the 
period encompassing the calendar year for which the lottery is held and 
the following two calendar years, except when no other lottery 
participants are prepared to use HSTAIC during the time it would be 
available in those years. The priority list established during the 
December lottery will remain in effect during the calendar year 
following the lottery, and will take precedence over any applications 
received after October 15th. Applications received after October 15th 
will be added to the priority list, with precedence established by the 
order in which the Import-Export Animals Staff, Veterinary Services, 
receives them.
    (5) If the Import-Export Animals Staff, Veterinary Services, does 
not receive more than one application between October 1st and October 
15th for the December lottery, the December lottery for that year will 
be canceled, and APHIS will grant the exclusive right to use HSTAIC for 
an importation during the next calendar year in the order applications 
are received.
    (6) The Secretary of Agriculture may grant priority over other 
applications to an application from an agency of the United States 
Government, if for an importation potentially of value to the general 
public, and if received before July 15 of the year preceding the 
proposed importation.\11\ However, an agency of the United States 
Government must submit its application in accordance with this section, 
except that, an agency of the United States Government must enter into 
an interagency agreement with APHIS for a deposit of $32,000 by 
certified check or money order, payable in U.S. funds. HSTAIC 
importations by agencies of the United States government will be 
limited to one per year, except when HSTAIC is available and the 
Import-Export Animals Staff, Veterinary Services, has received no other 
applications for its use during that year.
---------------------------------------------------------------------------

    \11\ If the Secretary grants priority to an application from an 
agency of the United States Government, the Animal and Plant Health 
Inspection Service will publish a notice in the Federal Register 
prior to October 1 of the year preceding the proposed importation.
---------------------------------------------------------------------------

    (c) Responsibilities of the Applicant Selected. By certified mail, 
return receipt requested, APHIS will send a cooperative-service 
agreement to the applicant being offered the exclusive right to use 
HSTAIC, as provided in paragraph (d) of this section. The applicant 
must, within 30 days of receipt, sign and ensure that the Import-Export 
Animals Staff, Veterinary Services, receives the cooperative-service 
agreement. The cooperative-service agreement must be accompanied by a 
certified check or money order, or an irrevocable letter of credit (the 
letter of credit having an effective date 90 days after the animals' 
scheduled release date from HSTAIC), payable in U.S. funds, for the 
amount specified in the cooperative-service agreement. Any funds 
remaining from the $32,000 deposit will be applied to the quarantine 
costs, and will be deducted from the balance due with the cooperative-
service agreement. For importations requiring use of a pre-embarkation 
quarantine facility, physical plans for the facility, including site-
specific blueprints and location, must be included when the 
cooperative-service agreement is returned to the Import-Export Animals 
Staff, Veterinary Services.
    (1) An importer interested in animals ineligible for importation 
because officials in the exporting country or area will not allow APHIS 
to provide the services prescribed in the cooperative-service 
agreement, may, upon notification of this ineligibility from APHIS, 
propose to substitute animals available from another location. If this 
importer has not returned the signed cooperative-service agreement 
within the 30 days specified in the cooperative-service agreement, 
APHIS will return any portion of the importer's deposit that has not 
been expended. In that case, the applicant next in priority will be 
offered the exclusive right to use HSTAIC, in accordance with the 
procedures in this section.
    (2) The importer may not abrogate his/her responsibility for costs 
incurred after the signing of the cooperative-service agreement, 
regardless of any occurrences that prevent the importation from 
proceeding as planned.
    (3) The importer signing the cooperative-service agreement returned 
to APHIS is responsible for paying all costs, excluding capital 
expenditures at HSTAIC, incurred in qualifying the specified animals 
for importation through HSTAIC. A partial list of costs for which the 
importer must assume responsibility includes: expenses for preparing 
and maintaining HSTAIC in readiness for the importation; expenses for 
sentinel animals in the United States, when required, and for tested 
animals prevented, for any reason, from moving from HSTAIC elsewhere 
within the United States; laboratory tests; medical treatment; official 
travel by APHIS personnel, including per diem expenses in the country 
from which animals are being exported, when required; courier services 
to transport test samples to the Foreign Animal Disease Diagnostic 
Laboratory, when required; salaries of HSTAIC personnel; all supplies 
for animals care, maintenance, and testing during the quarantine and in 
the post-quarantine cleaning and disinfection of HSTAIC; utilities and 
overhead, including support staff, during the quarantine and post-
quarantine cleanup.
    (4) Capital expenditures at HSTAIC constitute the only costs for 
which the importer will not be held responsible.
    (5) For costs incurred during any stage of the importation through 
HSTAIC--that is, costs not calculated into the amount collected from 
the importer in accordance with the cooperative-service agreement--
APHIS will bill the importer at a later date. Payment will be due upon 
receipt of the bill.
    (6) The Animal and Plant Health Inspection Service will return to 
the importer any part of the money remitted with the cooperative-
service agreement set forth in paragraph (d) of this section that is 
not used to cover the non-capital costs of the importation through 
HSTAIC.
    (d) Cooperative-Service Agreement. Each importer being granted the 
right to use HSTAIC must sign, and comply with, the cooperative-service 
agreement with APHIS. A sample cooperative-service agreement for 
importers other than agencies of the United States government is 
reproduced in this paragraph. (Agencies of the United States government 
being granted the

[[Page 17063]]

right to use HSTAIC must enter into an interagency agreement with 
APHIS.) The amount of money the importer must advance, left blank in 
the following sample, will depend on figures unique to a particular 
importation. This amount will be specified in the cooperative-service 
agreement the importer receives.

Cooperative-Services Agreement Between (Name of Importer) and the 
United States Department of Agriculture, Animal and Plant Health 
Inspection Service

    The importer, ________________, wishes to qualify animals for 
importation into the United States. The United States Department of 
Agriculture, Animal and Plant Health Inspection Service, administers 
the Harry S Truman Animal Import Center (HSTAIC), a facility through 
which the importer may import animals into the United States.
    To effect this importation, both parties agree to the following 
terms:
    The importer agrees:
    1. To have this cooperative-service agreement in the office of 
the Animal and Plant Health Inspection Service's Import-Export 
Animals Staff, Veterinary Services, within 30 days of the date of 
receipt, evidenced by the postal return-receipt.
    2. To remit with the cooperative-service agreement a certified 
check, money order, or irrevocable letter of credit having an 
effective date that extends 90 days beyond the animals' scheduled 
release from HSTAIC, payable in U.S. funds to the United States 
Department of Agriculture, Animal and Plant Health Inspection 
Service, in the amount of $____________. (This amount represents the 
estimated cost (except capital expenditures at HSTAIC) of qualifying 
the animals for importation through HSTAIC, less any unused portion 
of the $32,000 deposited in conjunction with the application for the 
exclusive right to use HSTAIC.
    3. To limit to ____________ the number of animals, species 
____________ transported to HSTAIC for an importation scheduled to 
begin on or about ____________ and to end with the animals' release 
from HSTAIC, scheduled for ____________.
    4. To assume liability for all costs (except capital 
expenditures at HSTAIC) attributable to preparing and maintaining 
HSTAIC in readiness for the importation, and to qualifying animals 
for and through quarantine in the pre-embarkation quarantine 
facility (PEQF), when quarantine in a PEQF is required, and in 
HSTAIC for importation into the United States. (A partial list of 
these costs would include expenses for sentinel animals in the 
United States and for tested animals prevented, for any reason, from 
moving from HSTAIC elsewhere within the United States; laboratory 
tests; medical treatment; official travel by Animal and Plant Health 
Inspection Service personnel, including per diem expenses in the 
country from which the animals are being exported; courier services 
to transport test samples to the Foreign Animal Disease Diagnostic 
Laboratory; salaries of HSTAIC personnel; all supplies for animal 
care, maintenance, and testing during the quarantine and in the 
post-quarantine cleaning and disinfection of HSTAIC; utilities and 
overhead, including support staff, during the quarantine and post-
quarantine cleanup.)
    5. To obtain from foreign government officials authorizations 
granting Animal and Plant Health Inspection Service personnel free 
access to the PEQF, when quarantine in a PEQF is required, and 
permits for export.
    6. To secure from animal carriers permission for Animal and 
Plant Health Inspection Service personnel to accompany the animals 
to the PEQF, when quarantine in a PEQF is required, and from the 
PEQF to HSTAIC.
    7. To maintain and operate the PEQF, when quarantine in a PEQF 
is required, in compliance with 9 CFR 93.417 of the Code of Federal 
Regulations.
    8. To accept as final the findings of the Administrator, Animal 
and Plant Health Inspection Service, on the animals' eligibility to 
enter the PEQF, when quarantine in a PEQF is required, to enter 
HSTAIC, and to be released from HSTAIC.
    9. To follow procedures prescribed by the Animal and Plant 
Health Inspection Service, appropriate to the disease and pest 
status of the quarantined animals. (When quarantine in a PEQF is 
required, the presence in the PEQF of even one animal either exposed 
to, or infected with, rinderpest, foot-and-mouth disease, hog 
cholera, African swine fever, swine vesicular disease, or certain 
other contagious, exotic diseases, automatically disqualifies all 
animals in the PEQF from entering HSTAIC. The presence in HSTAIC of 
even one animal either exposed to, or infected with, one of the 
diseases referred to in this paragraph, automatically disqualifies 
all animals in HSTAIC from moving anywhere within the United States 
after the period in quarantine.)
    10. To assume responsibility for disposal of quarantined animals 
that do not qualify to move into or within the United States. (In 
the case of animals disqualified while quarantined in HSTAIC, the 
Animal and Plant Health Inspection Service will stipulate the 
conditions under which the disqualified animals in HSTAIC must be 
destroyed. The importer must, within 10 days of notification from 
the Animal and Plant Health Inspection Service, remove from the PEQF 
or HSTAIC, animals untreatable or treated for, but not cured of, a 
communicable disease other than foot-and-mouth disease or any of 
certain other exotic diseases. Animals removed from HSTAIC must be 
moved out of the United States or be destroyed under conditions 
stipulated by the Animal and Plant Health Inspection Service.)
    11. To assume responsibility for all costs the Animal and Plant 
Health Inspection Service incurs during this importation, excluding 
capital expenditures at HSTAIC.
    12. To pay, upon receipt, post-quarantine billings incurred 
during this importation, for costs exceeding the amount remitted 
with this cooperative-service agreement plus the initial $32,000 
deposit.
    The Animal and Plant Health Inspection Service Agrees:
    1. To provide the personnel required to perform inspections, 
laboratory procedures, and examinations, and to provide on-site 
supervision of the isolation, quarantine, care and handling of 
animals on premises of origin, in the PEQF when quarantine in a PEQF 
is required, and in HSTAIC.
    2. To inform the importer of any quarantined animals in the PEQF 
or in HSTAIC that fail to qualify for entry into the United States, 
and to inform the importer that he/she must assume responsibility 
for their disposal.
    3. To finance capital expenditures at HSTAIC without charging 
the importer.
    4. To account for all money disbursed from the amount remitted, 
and to provide the importer with a complete written accounting upon 
termination of this cooperative-service agreement.
    5. To refund to the importer any part of the money remitted with 
this cooperative-service agreement that is not used to cover the 
non-capital costs of the importation through HSTAIC.
    Both parties agree:
    1. That this cooperative-service agreement is effective upon 
signature by both parties.
    2. That this cooperative-service agreement will not be signed by 
the Administrator if the Import-Export Animals Staff, Veterinary 
Services, Animal and Plant Health Inspection Service, has not 
received this signed cooperative-service agreement, including the 
specified remittance for the amount due, by 4:30 p.m. on the 
thirtieth calendar-day after the date on the United States Postal 
Service's return receipt, evidencing its receipt by the importer.
    3. That this cooperative-service agreement will not be signed by 
the Administrator if the cooperative-service agreement is not 
accompanied by the physical plans for the PEQF, including its 
location and site-specific blueprints (except when quarantine in a 
PEQF is not required).
    4. That this cooperative-service agreement will be voided if the 
Administrator, Animal and Plant Health Inspection Service, 
determines that the importer has not completed arrangements with the 
responsible officials in the exporting country by 4:30 p.m. on the 
date 42 calendar-days after the importer's signing of this 
cooperative-service agreement.
    5. That, if both parties agree, this cooperative-service 
agreement may be amended in writing.
    6. That either party may terminate this cooperative-service 
agreement upon giving 30 days written notice to the other party, but 
premature termination will not relieve the importer of 
responsibility for costs incurred, as provided in this cooperative-
service agreement, nor will it relieve the Animal and Plant Health 
Inspection Service of responsibility for providing the importer with 
a complete written accounting of money disbursed from the amounts 
remitted.
    7. That during the performance of this cooperative-service 
agreement, the importer agrees to be bound by the Equal Employment 
Opportunity and Nondiscrimination provisions set forth in Exhibit A 
and the Nonsegregation of Facilities provisions set forth in Exhibit 
B,1 which are attached to and

[[Page 17064]]

made part of this cooperative-service agreement.
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    \1\ 1 Import-Export Animal Staff, National Center for Import and 
Export, Veterinary Services, APHIS, USDA, will send each importer 
copies of Exhibits A and B along with the cooperative-services 
agreement.
---------------------------------------------------------------------------

    8. That no member of, or delegate to, Congress may participate 
in, or benefit from, this cooperative-service agreement.
----------------------------------------------------------------------
Date
----------------------------------------------------------------------
Importer
----------------------------------------------------------------------
Date
----------------------------------------------------------------------
Administrator, Animal and Plant Health Inspection Service, United 
States Department of Agriculture.


Sec. 93.417  Pre-embarkation quarantine facility; criteria and 
standards for approval.

    Criteria for establishment of a pre-embarkation quarantine facility 
outside the United States for the purpose of importing ruminants into 
the United States that are eligible for importation only through the 
Harry S Truman Animal Import Center are as follows:
    (a) Establishment. (1) The Administrator may enter into an 
agreement with one or more parties for the establishment of such a 
facility pursuant to the standards in paragraph (b) of this section.
    (2) To qualify for designation as a pre-embarkation quarantine 
facility (PEQF) for a specifically authorized importation, the facility 
must meet the requirements of paragraph (b) of this section.
    (3) All costs associated with the establishment and operation of 
such a pre-embarkation quarantine facility shall be borne by the owner 
or operator of such facility.
    (4) The Animal and Plant Health Inspection Service requires that 
the importer submit the physical plans for the PEQF for which he/she is 
requesting approval. The physical plans must include location of the 
facility and site-specific blueprints. The importer must send these 
physical plans, due with the cooperative-service agreement as provided 
in Sec. 93.430(d) to the Import-Export Animals Staff, National Center 
for Import-Export, Veterinary Services, Animal and Plant Health 
Inspection Service, United States Department of Agriculture, 4700 River 
Road Unit 39, Riverdale, MD 20737-1231. Approval of a PEQF will expire 
at the end of the specifically authorized quarantine. Subsequent 
importers granted use of HSTAIC and proposing to use one of the 
existing PEQFs must apply for approval as if for a new facility. No 
more than one PEQF will receive approval for a specific HSTAIC 
importation. If the PEQF specified in the signed cooperative-service 
agreement, as provided in Sec. 93.430(d), is not approved by APHIS, the 
importer may use an alternative PEQF, provided it is approved by the 
Animal and Plant Health Inspection Service during the 42 days following 
the date the importer signs the cooperative-service agreement. If a 
PEQF closes down or loses its ``approved'' status for any reason, APHIS 
may approve a replacement following the method specified in this 
paragraph (a)(4).
    (5) Permission to place ruminants in the foreign PEQF shall be 
given to any person who has received permission to import ruminants 
through the Harry S Truman Animal Import Center, unless the 
Administrator determines that sufficient grounds exist whereby such 
person may be denied such permission.
    (6) Fees charged by the owner or operator for the use of such 
facility shall be provided in private agreements between the owner or 
operator of the facility and the owners of the ruminants proposed for 
importation. Such fees shall be nondiscriminatory and reasonable as 
determined by the Administrator.
    (7) Approval of any approved PEQF may be withdrawn at any time by 
the Administrator, upon his or her determination that any requirement 
of this section is not being met. Before such action is taken, the 
operator of the facility will be informed of the reasons for the 
proposed action and afforded opportunity to present his or her views 
thereon in accord with rules of practice adopted by the Administrator. 
Upon withdrawal of approval, the operator, upon request, shall be 
afforded opportunity for a hearing with respect to the merits or 
validity of such action; but such withdrawal or refusal shall continue 
in effect unless otherwise ordered by the Administrator. Rules of 
practice concerning the hearing will be adopted by the Administrator.
    (b) Standards for approval of pre-embarkation quarantine 
facilities--(1) Location. (i) The PEQF must be in a region isolated 
from ruminants, swine, and poultry. It must be located near the point 
of embarkation: A dock, if the ruminants will travel by ocean vessel; 
an airport, if the ruminants will travel by plane.
    (ii) The ruminants' route from the PEQF to the point of embarkation 
must be limited to regions free of ruminants, swine, and poultry.
    (iii) The facility must be so situated that there will be no 
contact between ruminants held in the facility with any other species 
of animals.
    (iv) The facility must be so situated that it will be free from 
contact with water and waste effluents from local livestock or poultry. 
Water and waste effluents from the facility must be disposed of in a 
manner determined by the Administrator to be adequate to ensure no 
exposure to local livestock or poultry.
    (2) Building. (i) The exterior of the building must be of durable 
low maintenance, waterproof type construction that will withstand 
repeated cleaning and disinfecting.
    (ii) Roofs must be watertight. The styling and configuration of the 
roof of the ruminant holding building must provide for optimum air 
circulation throughout the facility.
    (iii) The interior finish of the building must be durable, 
washable, and of low maintenance type construction. The floor must be 
concrete with no cracks or crevices.
    (iv) Mesh double screens must protect all open regions, so that 
insects cannot gain access to the ruminant holding region. If the 
ruminants are removed from the double-screened building before export 
to the HSTAIC, or if the United States Department of Agriculture 
Veterinarian in Charge of the quarantine operation determines that 
insects capable of transmitting communicable animal diseases are 
entering the ruminant holding region, APHIS will require implementation 
of a program of insect vector control. This vector control program will 
involve treating ruminants, building interiors, and environs with 
United States Environmental Protection Agency-registered pesticides. 
The pesticides must be used in the manner prescribed on the United 
States Environmental Protection Agency-approved label, and in 
accordance with the requirements of the government of the country in 
which the PEQF is located.
    (v) Stalls, pens, and runways must be constructed of sufficient 
height and strength to confine and restrain all ruminants 
simultaneously for daily veterinary examinations.
    (vi) At least 70-foot-candle lighting must be provided in the 
inspection region. A minimum light of 30-foot-candle must be available 
in all other regions of the facility.
    (vii) A dipping vat of a concrete pit type with inspection chute, 
holding pen, dripping pen, and post-drip region similar to USDA 
Extension Plan 5940, revised, must be provided.12
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    \12\ Copies of USDA Extension Plan 5940, revised, may be 
obtained from the Import-Export Animals Staff, National Center for 
Import and Export, Animal and Plant Health Inspection Service, 
United States Department of Agriculture, 4700 River Road Unit 39, 
Riverdale, MD 20737-1231.

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[[Page 17065]]

    (viii) The waste management system must be carefully designed to 
meet all applicable sanitation and quarantine requirements and the 
existing environmental standards of the country in which the pre-
embarkation quarantine facility is located.
    (3) Fencing. (i) The outer perimeter of all facilities must be 
surrounded by a fence that must be of sufficiently small mesh as to 
preclude the entrance of small farm animals, including dogs, and of 
such height and strength as to prevent entrance of larger animals. This 
fence must be located at least 200 feet from the building in which 
quarantined ruminants are to be held, except that, in an urban or 
industrial region the location of the fence may be less than 200 feet 
as determined by the Administrator, if such action will not increase 
the risk that communicable diseases of livestock or poultry will be 
disseminated from the facility.
    (ii) In regions affected by cattle fever ticks, all such facilities 
must be double fenced with the inner perimeter fence located at least 
15 feet from the outer perimeter fence. When double fencing is 
required, the space between the outer and inner perimeter fences must 
be kept free from all foliage at all times.
    (iii) The outer fence of the facility must be posted with signs in 
appropriate language, which shall convey the following: Restricted 
Region--Keep Out, Quarantine Region--Keep Out, or Registered Quarantine 
Region--Keep Out.
    (4) Feed. The animal feed supply in the PEQF must consist only of 
feed obtained from a region that is classified as Risk Class RN, R1, or 
R2 for foot-and-mouth disease, and for any other exotic disease 
necessitating the quarantine or that could jeopardize the quarantine.
    (5) Other requirements. (i) Access into the quarantine area must be 
through a single door that must lead into a walk-through shower area 
with clothes change areas located on either side of the shower and 
adjacent thereto.
    (ii) Toilet and lavatory facilities as determined by the 
Administrator to be adequate to preclude transmission of livestock or 
poultry disease agents from the facility must be located within the 
ruminant holding areas.
    (iii) A sufficient supply of clean clothing, including towels and 
footwear, as determined by the Administrator to be adequate to prevent 
the transmission of livestock or poultry disease agents from the 
facility, must be maintained within the quarantine area.
    (iv) A continuous supply of hot and cold running water, including 
potable water for personnel, must be provided.
    (v) If lunch is to be eaten within the facility, a lunch room must 
be provided and all food entered into the facility must be approved by 
the supervising United States government veterinarian.
    (vi) A separate room containing the equipment for preparation and 
packaging of laboratory specimens with adequate office space, as 
determined by the Administrator, to perform his or her duties must be 
provided for the supervising veterinary official. All records, 
equipment, and other materials used in the facility must be maintained 
within the quarantine facility for the entire quarantine period.
    (vii) A separate area situated apart from the ruminant holding area 
must be provided for necropsies, and a means for the removal of the 
carcasses of dead ruminants must be provided without breaking 
quarantine security.
    (viii) A ruminant receiving area and a chute or stocks for 
restraint during examination and veterinary inspection, as determined 
to be appropriate by the Administrator, to permit examination of the 
ruminant, must be provided.
    (ix) Feed must be stored in such a manner that replenishment during 
the quarantine period does not require transporting vehicles to enter 
the quarantine area.
    (x) Equipment necessary for the care, cleaning, feeding, waste 
disposal, and handling of the ruminants must be provided and maintained 
within the quarantine area.
    (xi) Additional requirements as to security, physical plant and 
facilities, and sanitation may be imposed by the Administrator, in each 
specific case in order to assure that the quarantine of the ruminants 
in a facility will be adequate to enable determination of their health 
status, prevent the spread of disease among ruminants in quarantine, 
and prevent escape of animal disease agents from the facility.

Subpart E--Swine

Sec.
93.500  Definitions.
93.501  General prohibitions; exceptions.
93.502  Inspection of certain aircraft and other means of conveyance 
and shipping containers thereon; unloading, cleaning, and 
disinfection requirements.
93.503  Ports designated for the importation of swine.
93.504  Import permits for swine specimens for diagnostic purposes; 
and reservation fees for space at quarantine facilities maintained 
by APHIS.
93.505  Certificate of export and other requirements for swine.
93.506  Permit, certificate, declaration and other documents for 
swine.
93.507  Inspection at the port of entry.
93.508  Articles accompanying swine.
93.509  Movement from conveyances to quarantine station.
93.510  Swine quarantine facilities.
93.511  Quarantine stations, visiting restricted; sales prohibited.
93.512  Milk from quarantined swine.
93.513  Manure from quarantined swine.
93.514  Appearance of disease among swine in quarantine.
93.515  Requirements for importation of live swine from various risk 
class regions.
93.516  Importation of swine through the Harry S Truman Animal 
Import Center (HSTAIC).
93.517  Pre-embarkation quarantine facility; criteria and standards 
for approval.

Subpart E--Swine


Sec. 93.500  Definitions.

    Wherever in this subpart the following terms are used, unless the 
context otherwise requires, they shall be construed, respectively, to 
mean:
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of this 
chapter to perform functions specified in parts 1, 2, 3, and 11 of 
subchapter A, and subchapters B, C, and D of this chapter, and to 
perform functions required by cooperative State-Federal disease control 
and eradication programs.
    Adjacent regions. Any defined geographic land area identifiable by 
geological, political or surveyed boundaries that shares common 
boundaries with, or is proximate to any region of a different risk 
class, as determined by the Administrator.
    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.
    Affected animals. Animals currently infected or infested with, or 
exposed to, a communicable disease agent, or that are not known to be 
infected, infested, or exposed but that because of information, 
proximity, location, season, or lack of surveillance data could 
reasonably be expected to be infected, infested, or exposed to a 
communicable disease agent.
    Affected premises or region. A premises or region where a 
communicable disease agent is known to exist; that is adjacent to or 
proximate to any known infected or infested premises or region so that 
airborne, vector, or mechanical transmission of the disease agent could 
occur; or that, because of lack of surveillance data, could reasonably 
be expected to be infected, infested, or exposed to a communicable 
disease agent.

[[Page 17066]]

    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 including: Cattle, 
sheep, goats, other ruminants, swine, horses, asses, mules, zebras, 
dogs, and poultry that are susceptible to communicable diseases of 
livestock or capable of being carriers of those diseases or their 
arthropod vectors.
    APHIS representative. Any individual employed by the Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture, who is authorized to perform the services required by this 
part.
    Approved brucellosis test. Any test recognized as an official 
brucellosis test in the United States according to Sec. 78.1 of this 
chapter, or a test recognized as an equivalent test by the 
Administrator and that is recognized as an official test in a country 
exporting animals to the United States.
    Approved pseudorabies test. Any test recognized as an official 
pseudorabies test in the United States according to Sec. 85.1 of this 
chapter, or a test recognized as an equivalent test by the 
Administrator and that is recognized as an official test in a country 
exporting to the United States.
    Approved tests for restricted diseases or agents. Diagnostic tests 
or procedures that are determined by the Administrator to be 
scientifically valid to diagnose a restricted animal disease.
    Authorized veterinarian. A veterinarian accredited, employed or 
authorized by the National Veterinary Services of the country to carry 
out the required inspection and certification services.
    Border definitions. See Sec. 92.1 of this chapter.
    Case. An individual animal affected by a communicable disease 
agent. Depending on the disease condition, this may be an animal with 
clinical signs, or an animal with serological or pathological evidence 
of infection, or an infested animal.
    Cattle. Animals of the bovine species.
    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 
reservoir, or other source.
    Contagious disease. Any communicable disease transmitted from one 
infected animal to another by direct contact or by feed, water, 
aerosol, or contaminated objects.
    Department. The United States Department of Agriculture (USDA).
    Driven. Moved (animals) from one place to another by walking under 
their own power and being herded and guided by persons or trained 
animals.
    Ectoparasites. Acarid (mites, ticks) or insect members of the 
Phylum Arthropoda that spend all or part of their life cycle on the 
exterior of avian, reptilian or mammalian hosts and that are known or 
suspected to be the vectors of communicable disease agents, or are the 
cause of disease or irritation in animals or birds.
    Equivalent test. A serologic, microbiologic, chemical, or physical 
test approved for use in a region exporting livestock or livestock 
products to the United States and recognized by the Administrator as 
providing results equal to a test approved by the United States 
Department of Agriculture. Recognition of a test as an ``equivalent 
test'' will be made by the Administrator after he or she reviews 
scientific data that shows that the results of the test are equal to 
the USDA-approved test.
    Exposed. (1) An animal or means of conveyance that has been in 
contact with or that can reasonably be expected to have been in contact 
with an animal, feed, water, air, soil, tools, or other objects, 
insects, or ectoparasites infected or contaminated with a communicable 
disease agent, as determined by the Administrator.
    (2) A region or premises where an animal, feed, water, air, soil, 
tools or other objects, insects, or ectoparasites contaminated with a 
communicable disease agent are or have been present within the known 
incubation period of the disease agent.
    (i) Direct exposure: Exposure by coming into direct contact with an 
infected animal, or with feed, water, air, soil, tools, or other 
objects, that have been contaminated by discharges from an infected 
animal.
    (ii) Indirect exposure: Exposure by coming into contact with vector 
insects or ectoparasites, or objects that have been contaminated other 
than by discharges from an infected animal.
    Herd. (1) A group of animals under common ownership or supervision 
that are maintained and intermingle on one or more parts of a single 
premises (farm, ranch, feedlot, etc.); or
    (2) A group of animals under common ownership or supervision 
maintained on geographically separated premises but that have been 
interchanged between the different premises or have been otherwise 
intermingled.
    Identification. (1) Permanent identification: Brands, tattoos, or 
electronic identification that cannot be readily removed or altered.
    (2) Semi-permanent identification: Identification such as metal or 
plastic ear tags that may remain on an animal permanently but can be 
easily altered, lost or removed.
    (3) Non-permanent identification: Identification such as temporary 
ear tags, chain tags, back tags, or tail tags.
    (4) Temporary identification: Lot identification if lots are not 
mixed, or the origin of all lots in a mixed lot.
    Immediate slaughter. Consignment directly from the port of entry to 
a recognized slaughtering establishment 1 and slaughter thereat 
within two weeks from the date of entry.
---------------------------------------------------------------------------

    \1\ The name of recognized slaughtering establishments approved 
under this part may be obtained from the Area Veterinarian in Charge 
(AVIC), Veterinary Services, Animal and Plant Health Inspection 
Service, for the State of destination of the shipment. AVIC 
telephone numbers can be found in the local telephone book.
---------------------------------------------------------------------------

    Import (imported, importation) into the United States. To bring 
into the territorial limits of the United States.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service authorized to perform duties required under this subpart.
    Livestock. Domesticated species of cattle, swine, sheep, goats, 
llamas, horses, or poultry that normally and historically have been 
kept and raised on farms. Livestock also includes bison and cervidae or 
other species kept in captivity for producing food or fiber, or for 
other commercial purposes.
    Moved directly. Moved (shipped, transported, or otherwise moved) 
without unloading and without stopping except for refueling, or for 
traffic conditions such as traffic lights or stop signs.
    Official seal. A serially numbered, metal or plastic strip, 
consisting of a self-locking device on one end and a slot on the other 
end, which forms a loop when the ends are engaged and which cannot be 
reused if opened, or a serially numbered, self-locking button which can 
be used for this purpose.
    Operator. Any person operating an approved quarantine facility.
    Permitted treatment. A treatment authorized by the Administrator to 
be used in the official treatment of animals for control or removal of 
ectoparasites.
    Persons. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Port Veterinarian. A veterinarian employed by APHIS to perform 
duties required under this part at a port of entry.
    Post-importation quarantines. Quarantines applied in the importing 
region at a facility specially designated as an import quarantine 
facility.

[[Page 17067]]

    Pre-embarkation quarantines. Quarantines applied in the exporting 
region. May be on the premises of origin, a separate quarantine 
facility, a border station, or other facility used to hold animals 
while in transit.
    Quarantine. Confinement of all susceptible animals, animal 
products, feed, farm machinery, other equipment, means of conveyance, 
and any other potentially contaminated objects to a premises or area 
where infection or infestation with a specific restricted agent has 
been found or is suspected to exist.
    Recognized slaughtering establishment. An establishment 2 
where slaughtering operations are regularly carried on under Federal or 
State inspection and that has been approved by APHIS to receive animals 
for slaughter under this part.
---------------------------------------------------------------------------

    \2\ See footnote 1 in Sec. 93.500.
---------------------------------------------------------------------------

    Region. Any defined geographic land region identifiable by 
geological, political or surveyed boundaries.
    Restricted agent. A livestock communicable disease agent, vector, 
or host of an agent 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. Restricted agents are 
listed in Sec. 92.2 of this chapter.
    Risk Class regions. Exporting regions designated by the 
Administrator according to the results of a risk assessment as defined 
in Sec. 92.1 of this chapter, and determined by criteria as set forth 
in Sec. 92.3 of this chapter are incorporated herein and are applicable 
to this part.
    Ruminants. All animals that chew the cud, such as cattle, 
buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.
    Shipping container. For the purposes of Sec. 93.402, any container 
of a type specially adapted for use in transporting any article on the 
means of conveyance involved.
    Susceptible animals. Species of ruminants or other animals that can 
become infected with a specific disease agent.
    Trail. Move animals from one place to another by having them walk 
under their own power, and by leading them by ropes or other devices 
tied to the animal and guided by persons or trained animals.
    Transported. Moved or shipped from one place to another by any 
means of conveyance, such as airplane, ship, boat, barge, truck, train, 
cart, or other vehicle.
    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 indirectly to an animal 
through an intermediate arthropod vector, including ticks or insects.
    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.
    Zoological park. A zoo, park, garden or other place, maintained 
under the surveillance of a licensed Doctor of Veterinary Medicine, for 
the exhibition of live animals, pigeons or birds, for the purpose of 
public recreation or education.


Sec. 93.501  General prohibitions; exceptions.

    (a) No swine subject to the provisions of this part may be imported 
into the United States except in accordance with the regulations in 
this part; 3 nor may any such swine be handled or moved after 
physical entry into the United States before final release from 
quarantine or any other form of governmental detention except in 
compliance with such regulations; Provided That, except as prohibited 
by section 306 of the Act of June 17, 1930, as amended (19 U.S.C. 
1306), the Administrator may upon request in specific cases permit 
swine to be brought into or through the United States under such 
conditions as he or she may prescribe, when he or she determines in the 
specific case that such action will not endanger the livestock or 
poultry of the United States.
---------------------------------------------------------------------------

    \3\ Importations of certain animals from various countries are 
absolutely prohibited under part 94 because of specified diseases.
---------------------------------------------------------------------------

    (b) Except for swine prohibited entry by section 306 of the Act of 
June 17, 1930, as amended (19 U.S.C. 1306), the provisions in this part 
relating to swine shall not apply to healthy swine in transit through 
the United States, if they are not known to be infected with or 
exposed, within 60 days preceding the date of export from the region of 
origin, to communicable diseases of swine: and, if an import permit 
4 has been obtained under Sec. 93.504 of this chapter and all 
conditions therein are observed; and if the following conditions are 
met:
---------------------------------------------------------------------------

    \4\ Such permit may be obtained from the National Center for 
Import and Export, Veterinary Services, APHIS, 4700 River Road Unit 
39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (1)(i) The swine are maintained under continuous confinement in 
transit through the United States aboard an aircraft, ocean vessel, or 
other means of conveyance; or
    (ii) The swine are unloaded, in the course of such transit, into a 
swine holding facility that is provided by the carrier or its agent and 
that has been approved in advance by the Administrator in accordance 
with paragraph (c) of this section as adequate to prevent the spread 
within the United States of any livestock disease, and the swine are 
maintained there under continuous confinement until loaded aboard a 
means of conveyance for transportation from the United States and are 
maintained under continuous confinement aboard such means of conveyance 
until it leaves the United States; the import permit will specify any 
additional conditions necessary to assure that the transit of the swine 
through the United States can be made without endangering the livestock 
or poultry of the United States, and that Department inspectors may 
inspect the swine on board such means of conveyance or in such holding 
facility as provided in section 5 of the Act of July 2, 1962 (21 U.S.C. 
134d) to ascertain whether the requirements of this paragraph are met, 
and dispose of them in accordance with section 2 of the Act of July 2, 
1962 (21 U.S.C. 134a) if such conditions are not met; and
    (2) The carrier or its agent executes and furnishes to the 
collector of U.S. Customs at the first port of arrival a declaration 
stating that the swine will be retained aboard such means of conveyance 
or in an approved holding facility during transshipment as required by 
paragraphs (a)(1)(i) and (a)(1)(ii) of this section.
    (c) Provisions for the approval of facilities required in this 
paragraph are:
    (1) They must be sufficiently isolated to prevent direct or 
indirect contact with all other animals and birds while in the United 
States;
    (2) They must be so constructed that they provide adequate 
protection against environmental conditions and can be adequately 
cleaned, washed and disinfected;
    (3) They must provide for disposal of swine carcasses, manure, 
bedding, waste and any related shipping materials in a manner that will 
prevent dissemination of disease;
    (4) They must have provisions for adequate sources of feed and 
water and for attendants for the care and feeding of swine in the 
facility;
    (5) They must comply with additional requirements as may be imposed 
by the

[[Page 17068]]

Administrator if deemed applicable for a particular shipment; and
    (6) They must also comply with all applicable local, State and 
Federal requirements for environmental quality and with the provisions 
of the Animal Welfare Regulations in chapter I of this title, as 
applicable.


Sec. 93.502  Inspection of certain aircraft and other means of 
conveyance and shipping containers thereon; unloading, cleaning, and 
disinfection requirements.

    (a) Inspection. All aircraft and other means of conveyance 
(including shipping containers thereon) moving into the United States 
from any foreign country are subject to inspection without a warrant by 
properly identified and designated APHIS inspectors to determine 
whether they are carrying any animal, carcass, product or article 
regulated or subject to disposal under any law or regulation 
administered by the Secretary of Agriculture for prevention of the 
introduction or dissemination of any communicable animal disease (21 
U.S.C. 134d).
    (b) Unloading requirements. Whenever, in the course of any such 
inspection at any port in the United States, the APHIS inspector has 
reason to believe that the means of conveyance or container is 
contaminated with material of animal (including poultry) origin, such 
as, but not limited to, meat, organs, glands, extracts, secretions, 
fat, bones, blood, lymph, urine, or manure, so as to present a danger 
of the spread of any communicable animal disease, the inspector may 
require the unloading of the means of conveyance and the emptying of 
the container if he or she deems it necessary to enable him or her to 
determine whether the means of conveyance or container is in fact so 
contaminated. The principal operator of the means of conveyance and his 
or her agent in charge of the means of conveyance must comply with any 
such requirement under the immediate supervision of, and in the time 
and manner prescribed by, the inspector.
    (c) Cleaning and disinfection. Whenever, upon inspection under this 
section, an inspector determines that a means of conveyance or shipping 
container is contaminated with material of animal origin so as to 
present a danger of the spread of any communicable animal disease, he 
or she shall notify the principal operator of the means of conveyance 
or his or her agent in charge, of such determination and the 
requirements under this section. The person so notified must cause the 
cleaning and disinfection of such means of conveyance and container 
under the immediate supervision of, and in the time and manner 
prescribed by, the inspector.


Sec. 93.503  Ports designated for the importation of swine.

    (a) Air and ocean ports. The following ports have APHIS inspection 
and quarantine facilities necessary for quarantine stations and all 
swine must be entered into the United States only through these 
stations, except as otherwise provided in this section: Los Angeles, 
California; Miami, Florida; Honolulu, Hawaii; and Newburgh, New York.
    (b) Canadian border ports. The following land border ports are 
designated as having the necessary inspection facilities for the entry 
of swine from Canada: Eastport, Idaho; Houlton and Jackman, Maine; 
Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, 
Minnesota; Opheim, Raymond, and Sweetgrass, Montana; Alexandria Bay, 
Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North 
Dakota; Derby Line and Highgate Springs, Vermont; Blaine, Lynden, 
Oroville, and Sumas, Washington.
    (c) Mexican border ports. The following land border ports are 
designated as having the necessary inspection facilities for the entry 
of swine from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del 
Rio, Presidio, and El Paso, Texas; Douglas, Naco, Nogales, Sasabe, and 
San Luis, Arizona; Calexico and San Ysidro, California; and Antelope 
Wells, and Columbus, New Mexico.
    (d) Special ports. Charlotte Amalie, St. Thomas, and Christiansted, 
St. Croix, in the United States Virgin Islands, are hereby designated 
as quarantine stations for the entry of swine from the British Virgin 
Islands into the United States Virgin Islands for immediate slaughter.
    (e) Limited ports. The following ports are designated as having 
inspection facilities for the entry of swine and swine products such as 
swine test specimens that do not appear to require restraint and 
holding inspection facilities: Anchorage and Fairbanks, Alaska; San 
Diego, California; Jacksonville, St. Petersburg-Clearwater, and Tampa, 
Florida; Atlanta, Georgia; Chicago, Illinois; New Orleans, Louisiana; 
Portland, Maine; Baltimore, Maryland; Boston, Massachusetts; 
Minneapolis, Minnesota; Great Falls, Montana; Portland, Oregon; San 
Juan, Puerto Rico; Galveston and Houston, Texas; and Seattle, Spokane, 
and Tacoma, Washington.
    (f) Designation of other ports. The Secretary of the Treasury has 
approved the designation as quarantine stations of the ports specified 
in this section. In special cases, other ports may be designated as 
quarantine stations under this section by the Administrator, with the 
concurrence of the Secretary of the Treasury.


Sec. 93.504  Import permits for swine and for swine specimens for 
diagnostic purposes; and reservation fees for space at quarantine 
facilities maintained by APHIS.

    (a) Application for import permit; reservation required. (1) To 
import swine and swine test specimens for diagnostic screening purposes 
from any part of the world, the importer must first apply for and 
obtain from APHIS an import permit. Swine imported through land border 
ports from regions classified as Risk Class RN for foot-and-mouth 
disease, rinderpest, hog cholera, African swine fever, and swine 
vesicular disease are exempt from import permit requirements. The 
application must specify the name and address of the importer; the 
species, breed, number or quantity of swine or swine test specimens to 
be imported; the purpose of the importation; individual swine 
identification that includes a description of the swine, name, age, 
markings if any, registration number if any, and tattoo or eartag; the 
region of origin; the name and address of the exporter; the port of 
embarkation in the foreign country; the mode of transportation, route 
of travel, and the port of entry in the United States; the proposed 
date of arrival of the swine or swine test specimens to be imported; 
and the name of the person to whom the swine or swine test specimens 
will be delivered and the location of the place in the United States to 
which delivery will be made from the port of entry. Additional 
information may be required in the form of certificates concerning 
specific disease agents to which the swine are susceptible, as well as 
vaccinations or other precautionary treatments to which the swine or 
swine test specimens have been subjected. Notice of any such 
requirements will be given to the applicant in each case.5
---------------------------------------------------------------------------

    \5\ 5 See Secs. 93.505, 93.506, and 93.515 for additional 
requirements for the importation of swine.
---------------------------------------------------------------------------

    (2) An application for permit to import swine and/or swine test 
specimens may be denied because of: Communicable disease conditions in 
the region of origin, or in a region where the shipment has been or 
will be held or through which the shipment has been or will be 
transported; deficiencies in the regulatory programs for the control or 
eradication of animal diseases and the unavailability of veterinary 
services in the above mentioned regions; the

[[Page 17069]]

importer's failure to provide satisfactory evidence concerning the 
origin, history, and health status of the swine; the lack of 
satisfactory information necessary to determine that the importation 
will not be likely to transmit any communicable disease to livestock or 
poultry of the United States; or any other circumstances that the 
Administrator believes require such denial to prevent the dissemination 
of any communicable disease of livestock or poultry into the United 
States.
    (3)(i) The importer or importer's agent must pay or ensure payment 
of a reservation fee for each lot of swine to be quarantined in a 
facility maintained by USDA. For swine, the reservation fee shall be 
100 percent of the cost of providing care, feed, and handling during 
quarantine, as estimated by the quarantine facility's veterinarian in 
charge.
    (ii) At the time the importer or the importer's agent requests a 
reservation of quarantine space, the importer or importer's agent must 
pay the reservation fee by check or U.S. money order or ensure payment 
of the reservation fee by an irrevocable letter of credit from a 
commercial bank (the effective date on such letter of credit must run 
to 30 days after the date the swine are scheduled to be released from 
quarantine); except that anyone who issues a check to the Department 
for a reservation fee that is returned because of insufficient funds 
shall be denied any further request for reservation of a quarantine 
space until the outstanding amount is paid.
    (iii) Any reservation fee paid by check or U.S. money order shall 
be applied against the expenses incurred for services received by the 
importer or importer's agent in connection with the quarantine for 
which the reservation was made. Any part of the reservation fee that 
remains unused after being applied against the expenses incurred for 
services received by the importer or the importer's agent in connection 
with the quarantine for which the reservation was made, shall be 
returned to the individual who paid the reservation fee. If the 
reservation fee is ensured by a letter of credit, the Department will 
draw against the letter of credit unless payment for services received 
by the importer or importer's agent in connection with the quarantine 
is otherwise made at least 3 days prior to the expiration date of the 
letter of credit.
    (iv) Any reservation fee shall be forfeited if the importer or the 
importer's agent fails to present for entry, within 24 hours following 
the designated time of arrival, the lot of swine for which the 
reservation was made: Except that a reservation fee shall not be 
forfeited if:
    (A) Written notice of cancellation from the importer or the 
importer's agent is received by the office of the veterinarian in 
charge of the quarantine facility 6 during regular business hours 
(8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) no 
later than 15 days prior to the beginning of the time of importation of 
the swine as specified in the import permit or as arranged with the 
veterinarian in charge of the quarantine facility if no import permit 
is required (the 15 day period shall not include Saturdays, Sundays, or 
holidays); or
---------------------------------------------------------------------------

    \6\ The addresses of USDA quarantine facilities may be found in 
telephone directories listing the facilities or by contacting the 
National Center for Import and Export, Veterinary Services, APHIS, 
4700 River Road Unit 39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (B) The Administrator determines that services, other than provided 
by carriers, necessary for the importation of the swine within the 
requested period are unavailable because of unforeseen circumstances as 
determined by the Administrator (such as the closing of an airport due 
to inclement weather or the unavailability of the reserved space due to 
the extension of another quarantine).
    (v) If the reservation fee was ensured by a letter of credit and 
the fee is to be forfeited under paragraph (a)(3)(iv) of this section, 
the Department will draw against the letter of credit unless the 
reservation fee is otherwise paid at least 3 days prior to the 
expiration date of the letter of credit.
    (vi) When a reservation is canceled in accordance with paragraph 
(a)(3)(iv)(A) of this section and the provisions of paragraph 
(a)(3)(iv)(B) of this section do not apply, a $40.00 cancellation fee 
shall be charged. If a reservation fee was paid, the cancellation fee 
shall be deducted from any reservation fee returned to the importer or 
the importer's agent. If the reservation fee was ensured by a letter of 
credit, the Department will draw the amount of the cancellation fee 
against the letter of credit unless the cancellation fee is otherwise 
paid at least 3 days prior to the expiration date of the letter of 
credit.
    (b) Import Permit. When an import permit is issued, the original 
and two copies will be sent to the importer. It shall be the 
responsibility of the importer to forward the original permit and one 
copy to the shipper in the country of origin, and it shall also be the 
responsibility of the importer to ensure that the shipper presents the 
copy of the import permit to the carrier and makes proper arrangements 
for the original permit to accompany the shipment to the specified U.S. 
port of entry for presentation to the collector of customs. All swine 
and all swine test specimens for diagnostic screening purposes for 
which an import permit has been issued for importation into the United 
States will be received at the specified port of entry within the time 
prescribed in the import permit. That time shall not exceed 14 days 
from the first day that the permit is effective for all permits 
relevant to the shipment or shipments. All swine and swine test 
specimens for which an import permit is required by this subpart will 
not be eligible for entry into the United States if an import permit 
has not been issued; if the swine or swine test specimens are 
unaccompanied by such an import permit; if shipment is from any port 
other than the one designated in the import permit; if arrival in the 
United States is at any port other than the one designated in the 
import permit; if the swine or swine test specimens imported are 
different from those described in the import permit; if the swine or 
swine test specimens are not handled as outlined in the application for 
the import permit and as specified in the permit issued; or if 
ruminants or swine other than those covered by the import permits are 
aboard the transporting carrier.


Sec. 93.505  Certificate of export and other requirements for swine.

    (a) All swine imported or offered for importation from any part of 
the world, except for swine that are imported for immediate slaughter 
from regions that are classified as Risk Class RN for all restricted 
agent(s) of swine, and except as provided in paragraphs (c) and (d) of 
this section,7 must be accompanied by a certificate of export 
signed by an authorized veterinarian and endorsed by the National 
Veterinary Services of the country of export who certifies that the 
veterinarian signing and issuing the certificate is authorized to do so 
and who certifies that:
---------------------------------------------------------------------------

    \7\ See Sec. 93.515 for additional requirements for swine 
imported from specific risk class regions.
---------------------------------------------------------------------------

    (1) The swine originate from premises that are not known to have 
been affected with any communicable diseases of swine during the 
previous 60 days;
    (2) The swine originate from premises that are not known to have 
been affected with restricted ectoparasites of swine during the last 
previous days;
    (3) During transportation to the port of embarkation there was no 
direct or indirect exposure to any potential carrier animals from any 
region affected with restricted agents that affect swine;
    (4) While en route to the port of entry, the swine were not trailed 
or driven

[[Page 17070]]

through any Risk Class R3, R4 or RU region for any tick-borne 
restricted agents; and
    (5) While en route to the port of entry, the swine were not 
trailed, driven, transported, or otherwise moved through any Risk Class 
R3, R4 or RU region for any restricted insect-transmitted agents during 
a time of year when the insect vectors were active;
    (6) The swine were inspected on the day of embarkation and found to 
be free of restricted ectoparasites as listed in Sec. 92.2 of this 
chapter, or were treated with one of the permitted treatments in 
Sec. 72.13(b) of this chapter within 10 to 14 days of embarkation. If 
treated, the pesticide, active ingredient, concentration, and date 
applied must be recorded on the certificate of export; and
    (7) The swine were transported to the United States only in means 
of conveyance or vehicles that were cleaned and disinfected prior to 
use.
    (b) Prior to entry into the United States, the swine must be 
identified in accordance with Sec. 71.19 of this chapter.
    (c) Swine that are from a region classified as RN for all 
restricted diseases of swine and that are to be transported in-bond 
through the United States for immediate export, shall be inspected at 
the border port of entry and, when accompanied by an import permit 
obtained under Sec. 93.504 and when all conditions therein are 
observed, shall be allowed entry into the United States and shall be 
otherwise handled in accordance with Sec. 93.501(b).
    (d) Swine originating in the United States and transported directly 
through a region classified as RN for all restricted diseases of swine, 
may reenter the United States without foreign health or test 
certificates when accompanied by copies of the United States export 
health certificates properly issued and endorsed in accordance with the 
regulations in part 91 of this chapter: Provided, That, to qualify for 
reentry into the United States, the date, time, port of entry, and 
signature of the port veterinarian of the foreign country that 
inspected the swine for entry into the foreign country shall be 
recorded on the United States health certificate, or a paper containing 
such information shall be attached to the certificate that accompanies 
the swine. In all cases, it shall be determined by the veterinary 
inspector at the United States port of entry that the swine are the 
identical swine covered by said certificate.
    (e) If the swine are unaccompanied by the certificate of export as 
required by paragraph (a) of this section, or if such swine are found 
upon inspection at the port of entry to be affected with or to have 
been exposed to a communicable disease, they shall be refused entry and 
shall be handled thereafter in accordance with the provisions of 
section 8 of the Act of August 30, 1890 (26 Stat. 416; 21 U.S.C. 103), 
or quarantined, or otherwise disposed of as the Administrator may 
direct.


Sec. 93.506  Permit, certificate, declaration and other documents for 
swine.

    (a) The export certificates, import permits, declarations, and 
affidavits required by the regulations in this part must be presented 
by the importer or his or her agent to the collector of customs at the 
port of entry, upon arrival of the swine at such port, for the use of 
the veterinary inspector at the port of entry.
    (b) For all swine imported or offered for importation, the importer 
or his or her agent must first present two copies of a declaration that 
lists the port of entry, the name and address of the importer, the name 
and address of the broker, the origin of the swine, the number, breed, 
species, and purpose of the importation, the name of the person to whom 
the swine will be delivered, and the street address of the place to 
which such delivery will be made.


Sec. 93.507  Inspection at the port of entry.

    Inspection shall be made at the port of entry of all swine imported 
from any part of the world. All swine found to be free from 
communicable disease and not to have been exposed thereto within 60 
days prior to their exportation to the United States shall be admitted 
subject to the other provisions in this part; all other swine shall be 
refused entry. Swine refused entry, unless exported within a time fixed 
in each case by the Administrator, and in accordance with other 
provisions he or she may require in each case for their handling, shall 
be disposed of as the Administrator may direct, in accordance with 
provisions of section 2 of the Act of July 2, 1962 (21 U.S.C. 134a), or 
the provisions of section 8 of the Act of August 30, 1890 (21 U.S.C. 
103). Such portions of the transporting vessel, and of its cargo, that 
have been exposed to any such swine or their emanations, must be 
disinfected in such manner as may be considered necessary by the 
inspector in charge at the port of entry, to prevent the introduction 
or spread of livestock or poultry disease, before the cargo is allowed 
to land.


Sec. 93.508  Articles accompanying swine.

    No litter or manure, fodder or other aliment, nor any equipment 
such as boxes, buckets, ropes, chains, blankets, or other things used 
for or about swine governed by the regulations in this part, may be 
landed from any conveyance except under such restrictions as the 
inspector in charge at the port of entry shall direct.


Sec. 93.509  Movement from conveyances to quarantine station.

    Platforms and chutes used for handling imported swine must be 
cleaned and disinfected under APHIS supervision after being so used. 
The said swine must not be moved over any highways nor allowed to come 
in contact with other swine, but must be transferred from the 
conveyance to the quarantine grounds only in boats, cars, or other 
vehicles approved by the inspector in charge at the port of entry. Such 
cars, boats, or vehicles must be cleaned and disinfected under APHIS 
supervision immediately after such use, by the carrier moving the same. 
The railway cars so used must be either cars reserved for this 
exclusive use or box cars not otherwise employed in the transportation 
of animals or their fresh products. When movement of the aforesaid 
swine upon or across a public highway is unavoidable, it shall under 
such careful supervision and restrictions as the inspector in charge at 
the port of entry may direct.


Sec. 93.510  Swine quarantine facilities.

    (a) Privately operated quarantine facilities. The importer, or his 
or her agent, of swine subject to quarantine under the regulations in 
this part must arrange for acceptable transportation to the privately 
operated quarantine facility and for the care, feed, and handling of 
the swine from the time of unloading at the quarantine port to the time 
of release from quarantine. Such arrangements shall be agreed to in 
advance by the Administrator. All expenses resulting therefrom or 
incident thereto shall be the responsibility of the importer; APHIS 
assumes no responsibility with respect thereto. The quarantine facility 
must be suitable for the quarantine of such swine and must be approved 
by the Administrator prior to the issuance of any import permit. The 
facilities occupied by swine must be kept clean and sanitary. If for 
any cause the care, feed, or handling of swine, or the sanitation of 
the facilities, is neglected, in the opinion of the inspector assigned 
to supervise the quarantine, such services may be furnished by APHIS in 
the same manner as though arrangements had been made for such services 
as provided by paragraph (b) of this section, and/or the swine may be 
disposed of as the Administrator may direct, including sale in 
accordance with the procedure described in paragraph (b) of this

[[Page 17071]]

section. The importer, or his or her agent, must request in writing 
such inspection and other services as may be required, and shall waive 
all claim against the United States and APHIS or any employee of APHIS 
for damages that may arise from such services. The Administrator may 
prescribe reasonable rates for the services provided under this 
paragraph. When it is found necessary to extend the usual minimum 
quarantine period, the importer, or his or her agent, shall be so 
advised in writing and must pay for such additional quarantine and 
other services required. Payment for all services received by the 
importer, or his or her agent, in connection with each separate lot of 
swine must be made by certified check or U.S. money order prior to 
release of the swine. If such payment is not made, the swine may be 
sold in accordance with the procedure described in paragraph (b) of 
this section, or otherwise disposed of as directed by the 
Administrator.
    (b) Quarantine facilities maintained by APHIS. The importer, or his 
or her agent, of swine subject to quarantine under the regulations in 
this part must arrange for acceptable transportation to the quarantine 
facility, and for the care, feed, and handling of the swine from the 
time they arrive at the quarantine facility, and for the care, feed, 
and handling of the swine from the time they arrive at the quarantine 
port to the time of release from quarantine. Such arrangements shall be 
agreed to in advance by the Administrator. The importer or his or her 
agent must request in writing such inspection and other services as may 
be required, and shall waive all claim against the United States and 
APHIS or any employee of APHIS, for damages that may arise from such 
services. All expenses resulting therefrom or incident thereto shall be 
the responsibility of the importer; APHIS assumes no responsibility 
with respect thereto. The Administrator may prescribe reasonable rates 
for the services provided under this paragraph. When it is found 
necessary to extend the usual minimum quarantine period, the importer, 
or his or her agent, shall be so advised in writing and shall pay for 
such additional quarantine and other services required. Payment for 
services received by the importer, or his or her agent, in connection 
with each separate lot of swine must be made by certified check or U.S. 
money order prior to release of the swine. If such payment is not made, 
the swine may be sold in accordance with the procedure described in 
this paragraph, or otherwise disposed of as directed by the 
Administrator. When payment is not made and the swine are to be sold to 
recover payment for services received, the importer, or his or her 
agent, will be notified by the inspector that if said charges are not 
immediately paid or satisfactory arrangements made for payment, the 
swine will be sold at public sale to pay the expense of care, feed, and 
handling during that period. The sale will be held after the expiration 
of the quarantine period, at such time and place as may be designated 
by the General Services Administration of the Federal Government or 
other designated selling agent. The proceeds of the sale, after 
deducting the charges for care, feed, and handling of the swine and 
other expenses, including the expense of the sale, shall be held in a 
Special Deposit Account in the United States Treasury for 6 months from 
the date of sale. If not claimed by the importer, or his or her agent, 
within 6 months from the date of sale, the amount so held shall be 
transferred from the Special Deposit Account to the General Fund 
Account in the United States Treasury.
    (c) Amounts collected from the importer, or his or her agent, for 
service rendered shall be deposited so as to be available for defraying 
the expenses involved in this service.


Sec. 93.511  Quarantine stations, visiting restricted; sales 
prohibited.

    Visitors shall not be admitted to the quarantine enclosure during 
any time that swine are in quarantine, except that an importer (or his 
or her accredited agent or veterinarian) may be admitted to the yards 
and buildings containing his or her quarantined swine at such intervals 
as may be deemed necessary, and under such reasonable conditions and 
restrictions as may be imposed, by the inspector in charge of the 
quarantine station. On the last day of the quarantine period, owners, 
officers or registry societies, and others having official business or 
whose services may be necessary in the removal of the swine may be 
admitted upon written permission from the said inspector. No exhibition 
or sale shall be allowed within the quarantine grounds.


Sec. 93.512  Milk from quarantined swine.

    Milk or cream from swine quarantined under the provisions of this 
part may not be used by any person other than those in charge of such 
swine, nor be fed to any animals other than those within the same 
enclosure, without permission of the inspector in charge of the 
quarantine station and subject to such restrictions as he or she may 
consider necessary to each instance. No milk or cream may be removed 
from the quarantine premises except in compliance with all State and 
local regulations.


Sec. 93.513  Manure from quarantined swine.

    No manure may be removed from the quarantine premises until the 
release of the swine producing the manure.


Sec. 93.514  Appearance of disease among swine in quarantine.

    (a) If any restricted agent or other communicable disease appears 
among swine during the pre-embarkation or post-importation quarantine 
period, special precautions shall be taken to prevent spread of the 
infection to other animals in the quarantine station or to those 
outside the grounds. Affected swine in post-importation quarantine 
shall be disposed of as the Administrator may direct, depending upon 
the nature of the disease.
    (b) During the post-importation quarantine period, the 
Administrator may require additional testing of the test positive 
animal(s) and/or test negative animals to determine if the animals will 
be eligible for importation into the United States.


Sec. 93.515  Requirements for importation of live swine from various 
risk class regions.

    Swine may be imported from any regions of the world only if they 
meet the requirements of this section, and all other applicable 
requirements of this part.8
---------------------------------------------------------------------------

    \8\ 8 See Secs. 93.504, 03.505, and 93.506.
---------------------------------------------------------------------------

    (a) Regions classified as Risk Class RN for all restricted agents 
affecting swine. In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine from regions that 
are classified as Risk Class RN for all restricted agents of swine must 
certify that the swine to be imported have only been on premises 
located in regions classified as Risk Class RN for the specific 
restricted agent, and that they meet all other requirements of this 
part.
    (b) B. suis. Swine imported for immediate slaughter from regions 
classified as Risk Class R1 or R2 for B. Suis, or from regions 
classified as R3 if from herds that would meet the criteria for 
validated brucellosis-free herds under Sec. 78.1 of this chapter, are 
exempt from B. suis testing and quarantine requirements. Such swine 
must be consigned from the port of entry to a recognized slaughtering 
establishment and there be slaughtered within 2 weeks from the date of 
entry. Such swine must be moved from the port of entry in conveyances 
sealed with seals of the United States Government, applied and removed 
by an APHIS representative, or

[[Page 17072]]

an individual authorized for this purpose by an APHIS representative.
    (1) Regions classified as Risk Class R1 for B. suis. In addition to 
the export certificate requirements of Sec. 93.505, the certificate of 
export for live non-neutered swine over 6 months of age from regions 
that are classified as Risk Class R1 for B. suis must certify that the 
swine to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for B. suis; and
    (ii) Have not been vaccinated with any live brucella vaccine.
    (2) Regions classified as Risk Class R2 or (for swine from 
validated swine brucellosis-free herds) regions classified as Risk 
Class R3 for B. suis.
    (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live non-neutered swine over 
6 months of age from regions that are classified as Risk Class R2, or 
from regions classified as R3 for B. suis if from a validated 
brucellosis-free herd,\9\ must certify that the swine to be imported:
---------------------------------------------------------------------------

    \9\ To be considered as validated brucellosis-free, a herd must 
meet the standards set forth in Sec. 78.1 of this chapter.
---------------------------------------------------------------------------

    (A) Were born and resided only in regions classified as Risk Class 
RN, R1, or R2, or (if the swine are from validated brucellosis-free 
herds in Risk Class R3 regions) regions that are classified as Risk 
Class R3 for B. suis;
    (B) Have not been vaccinated with any live brucellosis vaccine; and
    (C) Had a negative result to an approved test for brucellosis no 
less than 30 days nor more than 60 days prior to export; and
    (ii) The swine must be detained at the port of entry or animal 
import center until tested with negative results under the supervision 
of the port veterinarian for B. suis with negative results.
    (3) Regions classified as Risk Class R3 (if the swine are not from 
validated-free swine brucellosis herds), R4, and RU for B. suis. Herds 
in regions classified as Risk Class R3 for B. suis that do not meet the 
criteria set forth in Sec. 78.1 of this chapter for a brucellosis 
validated-free herd, and herds from regions classified as Risk Class R4 
or RU must undergo a pre-embarkation complete herd test of all test 
eligible animals. If no test-positive animals are found the animals may 
then be imported according to the requirements in paragraph (b)(2) of 
this section. If test-positive animals are found, the animals are not 
eligible for export until the herd has completed a herd cleanup plan as 
stated in part 78 of this chapter. After the herd has completed a herd 
cleanup plan, the animals may be imported under paragraph (b)(2) of 
this section.
    (c) Pseudorabies virus. Swine imported for immediate slaughter from 
any region of the world are exempt from pseudorabies virus testing and 
quarantine requirements. Such swine must be consigned from the port of 
entry to a recognized slaughtering establishment and there be 
slaughtered within 2 weeks from the date of entry. Such swine must be 
moved from the port of entry in conveyances closed with official seals 
of the United States Government applied and removed by an APHIS 
representative, or an individual authorized for this purpose by an 
APHIS representative.
    (1) Regions classified as Risk Class R1 for pseudorabies virus. In 
addition to the export certificate requirements of Sec. 93.505, the 
certificate of export for live swine from regions that are classified 
as Risk Class R1 for pseudorabies virus must certify that the swine to 
be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for pseudorabies virus; and
    (ii) Have not been vaccinated with any pseudorabies vaccine.
    (2) Regions classified as Risk Class R2 and (if swine are from 
qualified pseudorabies-negative herds) regions classified as Risk Class 
R3 for pseudorabies virus. In addition to the export certificate 
requirements of Sec. 93.505, the certificate of export for live swine 
from regions classified as Risk Class R2, and for live swine from 
qualified pseudorabies-negative herds 10 from regions classified 
as R3 for pseudorabies virus, must certify that the swine to be 
imported:
---------------------------------------------------------------------------

    \10\ To be considered as qualified pseudorabies-negative, a herd 
must meet the standards set forth in Sec. 85.1 of this chapter.
---------------------------------------------------------------------------

    (i) Were born and resided only in regions classified as Risk Class 
RN, R1 or R2 for pseudorabies virus, or (if the swine are from 
qualified pseudorabies-negative herds in Risk Class R3 regions) regions 
that are classified as Risk Class R3;
    (ii) Have not been vaccinated with any live pseudorabies vaccine; 
and
    (iii) Have had a negative result to an approved test for 
pseudorabies within 30 days prior to the date of exportation.
    (3) Regions classified as Risk Class R3 (for herds that do not 
qualify as pseudorabies-negative herds), R4 or RU for pseudorabies 
virus.
    (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine over 6 months of 
age from herds that do not qualify as pseudorabies-negative herds, from 
regions that are classified as Risk Class R3, or for live swine from 
any herd in regions classified as risk class R4, or RU for pseudorabies 
virus, must certify that the swine to be imported:
    (A) Have not been vaccinated with any pseudorabies vaccine, other 
than an approved gene-altered vaccine as listed in part 85 of this 
chapter. If the swine are vaccinated, the date of vaccination and the 
type of vaccine used must be recorded on the certificate of export;
    (B) Have had a negative result to an approved test for pseudorabies 
within 30 days before exportation; and
    (C) Have undergone a 30-day pre-embarkation quarantine.
    (ii) The swine must undergo a 15-day minimum post-importation 
quarantine in a facility designated and approved by the Administrator.
    (iii) During the post-importation quarantine, the swine must be 
tested with negative results using an approved test. This test must be 
administered a minimum of 30 days after the test administered in the 
region of origin.
    (d) Restricted ectoparasites--(1) Regions classified as Risk Class 
R1 and R2 for restricted ectoparasites. (i) In addition to the export 
certificate requirements of Sec. 93.505, the certificate of export for 
live swine from regions that are classified as Risk Class R1 or R2 for 
restricted ectoparasites must certify that the swine to be imported 
resided for the previous 60 days only in regions classified as Risk 
Class RN, R1, or R2 for restricted ectoparasites.
     (ii) All imported swine will be inspected at the port of entry for 
any ectoparasites, and given a precautionary treatment. If found to be 
infested with any ectoparasites, the swine will be refused entry until 
treated with one of the permitted treatments listed in Sec. 72.13(b) of 
this chapter, and retreated 10 to 14 days after the initial treatment.
     (2) Regions classified as Risk Class R3, R4, or RU for restricted 
ectoparasites. (i) In addition to the export certificate requirements 
of Sec. 93.505, the certificate of export for live swine from regions 
classified as Risk Class R3, R4 or RU for restricted ectoparasites must 
certify that the swine to be imported:
    (A) Were treated for ectoparasites with an approved treatment 10 to 
14 days prior to export. If quarantine in a pre-embarkation facility is 
required, the swine were treated immediately prior to entering a pre-
embarkation facility; and
     (B) Were inspected while at the pre-embarkation facility and found 
to be free of any ectoparasites.
    (ii) The imported swine will be inspected at the port of entry for 
any ectoparasites, and given a precautionary

[[Page 17073]]

treatment. If found to be infested with any ectoparasites, the swine 
will be refused entry until treated with one of the permitted 
treatments listed in Sec. 72.13(b) of this chapter, then retreated 10 
to 14 days after the initial treatment.
    (e) Foot and mouth disease (FMD), rinderpest (RP), African swine 
fever (ASF), hog cholera (classical swine fever) (HC), and swine 
vesicular disease (SVD). Swine imported for immediate slaughter that 
are born and raised in regions classified as Risk Class R1 or R2 for 
FMD, RP, ASF, HC and/or SVD are exempt from the test and quarantine 
requirements in this paragraph. The swine must be consigned from the 
port of entry to a recognized slaughtering establishment and there 
slaughtered within 2 weeks from the date of entry. The swine must be 
moved from the port of entry in conveyances closed with official seals 
of the United States Government applied and removed by an APHIS 
representative, or an individual authorized for this purpose by an 
APHIS representative.
    (1) Regions classified as R1 for FMD, RP, ASF, HC, and/or SVD. In 
addition to the export certificate requirements of Sec. 93.505, the 
certificate of export for live swine from regions classified as Risk 
Class R1 for FMD, RP, ASF, HC, and/or SVD must certify that the swine 
to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN or R1 for FMD, RP, ASF, HC, and SVD;
    (ii) Have not been vaccinated for FMD, RP, ASF, HC, and/or SVD; and
    (iii) Have had a negative result to an approved serological test 
for FMD, RP, ASF, HC, and/or SVD within 30 days prior to exportation.
    (2) Regions classified as Risk Class R2 for FMD, RP, ASF, HC, and/
or SVD.
    (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine from regions 
classified as Risk Class R2 for FMD, RP, ASF, HC, and/or SVD must 
certify that the swine to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1 or R2 for FMD, RP, ASF, HC, and/or SVD;
    (B) Have not been vaccinated for FMD, RP, ASF, HC, or SVD;
    (C) Have undergone a 30-day pre-embarkation quarantine. For swine 
from regions classified as R2 for African swine fever, the pre-
embarkation quarantine must be conducted in a vector-proof facility 
approved by the Administrator; and
    (D) Have had a negative result to an approved serological test for 
FMD, RP, ASF, HC, and/or SVD within 30 days prior to exportation.
    (ii) The imported swine must be quarantined for at least 15 days at 
a post-importation quarantine facility designated and approved by the 
Administrator.
    (iii) The swine must have a negative result to an approved 
serological test for FMD, RP, ASF, HC, and/or SVD during the post-
importation quarantine period.
    (3) Regions classified as Risk Class R3 for FMD, RP, ASF, HC, and/
or SVD.
    (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine from regions 
classified as Risk Class R3 for FMD, RP, HC, and/or SVD must certify 
that the swine to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1, R2 or R3 for FMD, RP, ASF, HC, and/or SVD;
    (B) Have not been vaccinated for FMD, RP, ASF, HC, or SVD;
    (C) Have not been on any premises affected with FMD, RP, ASF, HC, 
or SVD virus during the 12 months prior to export;
    (D) Have not been on any premises located within 25 miles (40 km) 
of any premises affected with R3 for FMD, RP, ASF, HC, and/or SVD virus 
in the 90 days prior to export;
    (E) for at least 60 days prior to export, have undergone pre-
embarkation quarantine from all animals not part of the group to be 
imported, under USDA supervision in a facility approved by the USDA 
according to Sec. 93.517; and
    (F) During pre-embarkation quarantine, have had negative results to 
two tests conducted no sooner than 15 days apart, for R3 for FMD, RP, 
ASF, HC, and/or SVD, using an approved serological test. If indicated, 
oesophageal-pharyngeal fluid samples will be taken for further testing.
     (ii) The imported swine must be quarantined at the Harry S Truman 
Animal Import Center for at least 60 days without sentinel animals, 
during which time the swine must be re-tested at least once with 
negative results for FMD, RP, ASF, HC, and/or SVD, using an approved 
serological test. If indicated, oesophageal-pharyngeal fluid samples 
will be taken for further testing.
     (4) Regions classified as R4 or RU for FMD, RP, ASF, HC, and/or 
SVD.
     (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine from regions that 
are classified as Risk Class R4 or RU for FMD, RP, ASF, HC, and/or SVD 
must certify that the swine to be imported:
     (A) Have not been vaccinated for FMD, RP, ASF, HC, and/or SVD;
     (B) Have not been on any premises affected with FMD, RP, ASF, HC, 
or SVD during the 12 months prior to export;
     (C) Have not been on a premises located with 25 miles (40 km) of 
any premises affected with FMD, RP, ASF, HC, or SVD in the 90 days 
prior to export;
     (D) Have undergone pre-embarkation quarantine, for at least 60 
days, from all animals not part of the group to be imported, under USDA 
supervision in a facility approved by APHIS under Sec. 93.517; and
     (E) During pre-embarkation quarantine, have negative results to 
two tests conducted no sooner than 15 days apart for FMD, RP, ASF, HC, 
and/or SVD, using an approved serological test. If indicated, 
oesophageal-pharyngeal fluid samples will be taken for further testing.
     (ii) The imported swine must be quarantined with sentinel animals 
at HSTAIC for at least 90 days, during which time the swine must be re-
tested for FMD, RP, ASF, HC, and/or SVD at least twice with negative 
results using an approved serological test. If indicated, oesophageal-
pharyngeal fluid samples will be taken for further testing.
     (5) Wild swine from any Risk Class R3, R4, or RU regions for foot-
and-mouth disease, rinderpest, hog cholera, swine vesicular disease, or 
African swine fever. (i) Wild swine originating in the regions that are 
classified as Risk Class R3, R4, or RU for foot-and-mouth disease, hog 
cholera, rinderpest, African swine fever, and/or swine vesicular 
disease may be carriers of such restricted agents, even though the 
swine do not show clinical evidence of the diseases. In view of these 
circumstances and in order to prevent the introduction and 
dissemination of communicable diseases affecting livestock and protect 
the livestock of the United States, import permits for the importation 
of wild swine will be issued only if such swine are intended for 
exhibition purposes in a zoological park previously approved by the 
Administrator, in accordance with the standards specified in paragraph 
(e)(5)(ii) of this section, and if the operator of such approved 
zoological park and the importer, if such operator and importer are 
different parties, has or have entered into the agreement set forth in 
paragraph (e)(5)(iv) of this section with APHIS for the maintenance and 
handling of such wild swine in the manner specified in the agreement to 
prevent the introduction and dissemination of communicable disease. The 
New York port of entry is the only port at which facilities are 
available that are adequate for the quarantining of wild swine. 
Accordingly, permits issued for the

[[Page 17074]]

importation of such wild swine will require that the swine be imported 
through the port of New York and be quarantined at that port. The 
Administrator may cancel such a permit when he or she finds that any 
provision of this section or any other provision of the regulations has 
not been or is not being complied with.
     (ii) Approval of a zoological park for the receipt and maintenance 
of imported wild swine as described in this paragraph (e)(5)(ii) shall 
be on the basis of an inspection, by an authorized representative of 
the Department, of the physical facilities of the establishment and its 
methods of operation. Standards for acceptable physical facilities 
shall include satisfactory pens, cages, or enclosures in which the 
swine can be maintained so as not to be in contact with the general 
public and free from contact with domestic livestock; natural or 
established drainage from the zoological park that will avoid 
contamination of land areas where domestic livestock are kept or with 
which domestic livestock may otherwise come in contact; provision for 
the disposition of manure, other wastes, and dead swine within the 
zoological park; and other reasonable facilities considered necessary 
to prevent the dissemination of disease agents from the zoological 
park. The operator of the zoological park must have available the 
services of a full-time or part-time veterinarian, or a veterinarian on 
a retainer basis, who must make periodic examinations of all swine 
maintained at the zoological park for evidence of disease; who must 
make a post-mortem examination of each animal that dies; and who must 
make a prompt report of suspected cases of contagious or communicable 
disease agents to appropriate State or Federal livestock sanitary 
officials.
     (iii) Manure and other animal wastes must be disposed of within 
the zoological park for a minimum of 1 year following the date the 
swine enters the park. If an APHIS veterinarian determines that the 
swine shows no signs of any illness at the end of this 1-year period, 
its manure and other wastes need not be disposed of within the park. 
If, however, an APHIS veterinarian determines that the swine does show 
signs of any illness at the end of this 1-year period, an APHIS 
veterinarian will investigate the illness and determine whether the 
swine's manure and other wastes may safely be disposed of outside the 
zoological park.
     (iv) Prior to the issuance of an import permit under this section, 
the operator of the approved zoological park to which the wild swine 
are to be consigned, and the importer of the wild swine, if such 
operator and importer are different parties, must execute an agreement 
covering wild each swine or group of wild swine for which the import 
permit is requested. The agreement shall be in the following form:
Agreement for the Importation, Quarantine and Exhibition of Certain 
Wild Ruminants and Wild Swine
    ____________, operator(s) of the zoological park known as 
____________ (Name) located at ____________ (City and state), and 
____________ (Importer) hereby request a permit for the importation 
of ____________ (Number and kinds of animals) for exhibition 
purposes at the said zoological park, said animals originating in a 
Risk Class R3, R4, or RU region for rinderpest or foot-and-mouth 
disease, and being subject to restrictions under regulations 
contained in part 93, title 9, Code of Federal Regulations.
    In making this request, it is understood and agreed that:
    1. The animals for which an import permit is requested will be 
held in isolation at a port of embarkation in the region of origin, 
approved by the Administrator as a port having facilities that are 
adequate for maintaining wild animals in isolation from all other 
animals and having veterinary supervision by officials of the 
country of origin of the animals. Such animals will be held in such 
isolation for not less than 60 days under the supervision of the 
veterinary service of the country in which the region of origin is 
located to determine whether the animals show any clinical evidence 
of restricted agents or other communicable disease and to assure 
that the animals will not have been exposed to such a disease within 
the 60 days prior to their exportation from that region.
    2. Shipment will be made directly from such port of embarkation 
to the port of New York as the port of entry into the United States. 
If shipment is made by ocean vessel, the animals will not be 
unloaded in any foreign port en route. If shipment is made by air, 
the animals will not be unloaded at any port or other place of 
landing except at a port approved by the Administrator as a port not 
located in a region classified as R3, R4, or RU for rinderpest or 
foot-and-mouth disease, or as a port in such a region having 
facilities and inspection approved by the Administrator as adequate 
for maintaining wild animals in isolation from all other animals.
    3. No ruminants or swine will be aboard the transporting 
vehicle, vessel or aircraft, except those for which an import permit 
has been issued.
    4. The animals will be quarantined for not less than 30 days in 
the Department's Animal Import Center in Newburgh, New York.
    5. Upon release from quarantine, the animals will be delivered 
to the zoological park named in this agreement to become the 
property of the park, and they will not be sold, exchanged or 
removed from the premises without the prior consent of APHIS.
----------------------------------------------------------------------
(Signature of importer) Subscribed and sworn to before me this ____ 
day of __________, 19 ____.
----------------------------------------------------------------------
(Title or designation)
----------------------------------------------------------------------
(Name of zoological park) By ____________ (Signature of officer of 
zoological park)
----------------------------------------------------------------------
(Title of officer) Subscribed and sworn to before me this ____ day 
of ____________, 19 ____.
----------------------------------------------------------------------
(Title or designation)
    (f) Japanese encephalitis virus (JEV) and Getah virus--(1) Regions 
classified as Risk Class R1 for JEV and/or Getah virus. In addition to 
the export certificate requirements of Sec. 93.505, the certificate of 
export for live swine from regions classified as Risk Class R1 for JEV 
and/or Getah virus must certify that the swine to be imported:
    (i) Have resided for at least 60 days immediately prior to export 
only on premises located in regions classified as Risk Class RN or R1 
for JEV and/or Getah virus;
    (ii) Have not been vaccinated for JEV or Getah virus; and
    (iii) Have had a negative result to an approved serological test 
for Japanese encephalitis and/or Getah within 30 days prior to export.
    (2) Regions classified as Risk Class R2 for JEV and/or Getah virus. 
(i) In addition to the export certificate requirements of Sec. 93.505, 
the certificate of export for live swine from regions that are 
classified as Risk Class R2 for JEV and/or Getah virus must certify 
that the swine to be imported:
    (A) Have resided for at least 60 days immediately prior to their 
pre-embarkation quarantine only on premises located in regions 
classified as Risk Class RN, R1, or R2 for JEV and/or Getah virus;
    (B) Have not been vaccinated for JEV or Getah virus;
    (C) Have undergone a 30 day pre-embarkation quarantine. The pre-
embarkation quarantine must be in a vector-proof facility approved by 
the Administrator and the National Veterinary Services of the country 
of export if during a time of year when the insect vectors are active; 
and
    (D) Have had a negative result to an approved serological test for 
JEV and/or Getah during the pre-embarkation quarantine.
    (ii) The imported swine must undergo a minimum 15 day post-
importation quarantine in a facility designated and approved by the 
Administrator.
    (3) Regions classified as Risk Class R3, R4, or RU for JEV and/or 
Getah virus.
    (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate

[[Page 17075]]

of export for live swine from regions that are classified as Risk Class 
R3, R4, or RU for JEV and/or Getah virus must certify that the swine to 
be imported:
    (A) Have undergone pre-embarkation quarantine for at least 60 days 
immediately prior to export, in a vector-proof facility approved by the 
Administrator if during a time of year when the insect vectors are 
active;
    (B) Have not been vaccinated for Japanese encephalitis or Getah 
virus; and
    (C) Have been tested twice, within 60 days prior to export and at 
least 30 days apart, with negative results using a serological test 
approved by the Administrator for JEV and/or Getah virus.
    (ii) The imported swine must be quarantined at a post-importation 
quarantine facility designated and approved by the Administrator for at 
least 15 days if imported during a season of the year when vectors are 
not active or at least 60 days if imported during a season of the year 
when vectors are active in the United States.
    (iii) During the post-importation quarantine period, the swine must 
be tested with negative results for JEV and/or Getah virus, using 
approved serological tests.
    (g)Mycobacterium bovis (M. bovis).Any swine responding to an 
approved test forM. bovis shall be refused entry into the United 
States. Non-responders may be eligible for entry based on their status 
as determined by part 77 of this chapter. Swine imported for immediate 
slaughter are exempt from theM. bovis testing and quarantine 
requirements. Such swine must be consigned from the port of entry to a 
recognized slaughtering establishment and there slaughtered within 2 
weeks from the date of entry. Such swine must be moved from the port of 
entry in conveyances closed with official seals of the United States 
Government applied and removed by an APHIS representative, or an 
individual authorized for this purpose by an APHIS representative.
    (1)Regions classified as Risk Class R1 for M. bovis.In addition to 
the export certificate requirements of Sec. 93.505, the certificate of 
export for live swine over 6 months of age from regions that are 
classified as Risk Class R1 forM. bovis,must certify that the swine to 
be imported were born and resided only in foreign regions that are 
classified as Risk Class RN or R1 forM. bovis;
    (2)Regions classified as Risk Class R2 for M. bovis.(i) In addition 
to the export certificate requirements of Sec. 93.505, the certificate 
of export for such swine must certify that the swine to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1, or R2 forM. bovis; and
    (B) That all boars and intact females have had a negative result to 
an approved test forM. boviswithin 60 days prior to export.
    (ii) All boars and intact females must be detained at the port of 
entry or post-importation quarantine a minimum of 72 hours until tested 
for M. bovis with negative results.
    (3)Regions classified as Risk Class R3 for M. Bovis.(i) In addition 
to the export certificate requirements of Sec. 93.505, the certificate 
of export for live swine from regions that are classified as R3 forM. 
bovismust certify that the swine to be imported:
    (A) Have never been on any premises while animals affected withM. 
bovishave been present on those same premises;
    (B) Were born and resided only in regions classified as Risk Class 
RN, R1, R2, or R3 for M. bovis;
    (C) Have had a negative result to an approved test for M. bovis no 
less than 60 days nor more than 90 days prior to export; and
    (D) For boars and intact females, the herd of origin has had a 
negative result to an approved test for M. bovis no less than 4 months 
nor more than 12 months prior to the date of export.
    (ii) All boars and intact females must be detained at the port of 
entry or post-importation quarantine facility a minimum of 72 hours 
until tested with negative results for M. bovis.
    (4) Regions classified as R4 and RU for M. bovis. (i) In addition 
to the export certificate requirements of Sec. 93.505, the certificate 
of export for live swine over 6 months of age from regions that are 
classified as Risk Class R4 or RU for M. bovis must certify that the 
swine to be imported:
    (A) Have never been on any premises while animals affected with M. 
bovis have been present on those same premises;
    (B) Have had a negative result to an approved test for M. bovis 60 
to 90 days prior to export;
    (C) Originate from herds in which the entire herd has had a 
negative result to an approved test for M. bovis no less than 4 months 
nor more than 12 months prior to the date of exportation; and
    (D) For boars and intact females, have undergone at least 60 days 
of pre-embarkation quarantine prior to export.
    (ii) Boars and intact females must be quarantined after being 
imported for a minimum of 30 days at a post-importation quarantine 
facility designated and approved by the Administrator, until tested for 
M. bovis with negative results.
    (h) Teschen disease virus--(1) Regions classified as Risk Class R1 
or R2 for Teschen disease virus. In addition to the export certificate 
requirements of Sec. 93.505, the certificate of export for live swine 
from foreign regions that are classified as Risk Class R1 or R2 for 
Teschen disease virus must certify that the swine to be imported:
    (i) Were born and resided only in regions classified as Risk Class 
RN, R1 or R2 for Teschen disease virus;
    (ii) Have not been vaccinated with any Teschen disease vaccine; and
    (iii) Had a negative result to an approved test for Teschen disease 
within 30 days of the date of exportation.
    (2) Regions classified as Risk Class R3 for Teschen disease virus. 
(i) In addition to the export certificate requirements of Sec. 93.505, 
the certificate of export for live swine from regions that are 
classified as Risk Class R3 for Teschen disease virus must certify that 
the swine to be imported:
    (A) Were born and resided only in regions classified as Risk Class 
RN, R1, R2 or R3 for Teschen disease virus;
    (B) Have not been vaccinated with any Teschen disease vaccine; and
    (C) Meet one of the following requirements:
    (1) Have had a negative result with an approved test for Teschen 
disease 30 to 60 days before exportation;
    (2) Originated from herds in which the entire herd over 6 months of 
age, has had negative results to an approved test for Teschen disease 
within 12 months prior to the date of exportation; or
    (3) Were quarantined at least 30 days prior to export.
    (ii) Swine must be quarantined after being imported for at least 15 
days at a post-importation quarantine station approved by the 
Administrator.
    (iii) During the post-importation quarantine, the imported swine 
must have negative results to an approved serological test for Teschen 
disease virus.
    (3) Regions classified as Risk Class R4 and RU for Teschen disease 
virus. (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine from regions that 
are classified Risk Class R4 or RU for Teschen disease virus must 
certify that the swine to be imported:
    (A) Have not been vaccinated with any Teschen disease vaccine;
    (B) Originate from herds in which the entire herd over 6 months of 
age has had a negative result to an approved test for Teschen disease 
within 60 to 180 days prior to the date of exportation;

[[Page 17076]]

    (C) Were quarantined for at least 60 days prior to export; and
    (D) During pre-embarkation quarantine period, have had negative 
results to an approved test for Teschen disease 30 to 60 days prior to 
the date of export.
    (ii) The swine must be quarantined after being imported for at 
least 30 days at a post-importation quarantine facility.
    (iii) During the post-importation quarantine the imported swine 
must have two negative results not less than 30 days apart to an 
approved test for Teschen disease.
    (i) African (Salivarian or Tsetse transmitted) Trypanosomes--(1) 
Regions classified as Risk Class R1 and R2 for African trypanosomes. In 
addition to the export certificate requirements of Sec. 93.505, the 
certificate of export for live swine from regions that are classified 
as Risk Class R1 and R2 for African trypanosomes must certify that the 
swine to be imported:
    (i) Have resided only on premises located in regions classified as 
Risk Class RN, R1 and R2 for trypanosomes and tsetse flies (Glossina 
spp.) for their entire life;
    (ii) Have not been vaccinated for trypanosomes; and
    (iii) Have had a negative result to an approved serological test 
for African trypanosomes within 30 days prior to entry into the United 
States.
    (2) Regions classified as Risk Class R3, R4, and RU for African 
Trypanosomes. (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for swine from regions 
classified as Risk Class R3, R4, and RU for African trypanosomes and 
Tsetse flies (Glossina spp.) must certify that the swine to be 
imported:
    (A) Originated from premises that have not had trypanosomiasis 
diagnosed during the previous 24 months;
    (B) Were quarantined and isolated at least 60 days prior to export 
in a vector-proof facility approved by the administrator;
    (C) Have not been vaccinated for trypanosomes; and
    (D) During the pre-embarkation quarantine period, had negative 
results to an approved serological test for trypanosomes.
    (ii) The imported swine must be quarantined for at least 30 days at 
a post-importation quarantine facility designated and approved by the 
Administrator.
    (iii) During the post-embarkation quarantine period the swine will 
be retested at least once for trypanosomes using approved serological 
tests.
    (j) Vesicular Stomatitis virus (VSV)--(1) Regions classified as 
Risk Class R1 for VSV. In addition to the export certificate 
requirements of Sec. 93.505, the certificate of export for live swine 
from regions that are classified as Risk Class R1 for VSV must certify 
that the swine to be imported:
    (i) Have resided for at least 60 days prior to export only on 
premises located in Risk Class RN or R1 regions for VSV; and
    (ii) Have not been vaccinated for VSV.
    (2) Regions classified as Risk Class R2 for VSV. In addition to the 
export certificate requirements of Sec. 93.505, the certificate of 
export for live swine imported from regions that are classified as Risk 
Class R2 for VSV must certify that the swine to be imported:
    (i) Have resided for at least 30 days prior to export only on 
premises located in Risk Class RN, R1, or R2 regions for VSV;
    (ii) Have not been vaccinated with any live attenuated vaccines for 
VSV; and
    (iii) Have not been vaccinated with inactivated vaccines for VSV 
within 60 days prior to export.
    (2) Regions classified as Risk Class R3, R4, and RU regions for 
VSV. (i) In addition to the export certificate requirements of 
Sec. 93.505, the certificate of export for live swine imported from 
regions that are classified as Risk Class R3, R4, and/or RU for VSV 
must certify that the swine to be imported:
    (A) Have not been vaccinated with any live attenuated vaccines for 
VSV;
    (B) Have not been vaccinated with inactivated vaccines for VSV 
within 60 days prior to export;
    (C) Have not been located on any premises where VSV has occurred 
during the 60 days prior to export; and
    (D) If exported during a season of the year when insect vectors 
were active:
    (1) Were quarantined and isolated from all animals not part of the 
shipment for at least 30 days prior to export, in a vector-proof 
facility approved by the Administrator; and
    (2) During the pre-embarkation quarantine period, had negative 
results to an approved serological test for VSV within 14 days prior to 
export.
    (ii) If imported during a season of the year when insect vectors 
are active within the United States, the imported swine:
    (A) Must be quarantined for at least 15 days at a post-importation 
quarantine facility designated and approved by the Administrator; and
    (B) During the post-importation quarantine period, must have 
negative results to an approved serological test for VSV.


Sec. 93.516  Importation of swine through the Harry S Truman Animal 
Import Center (HSTAIC).

    (a) Exclusive right to use HSTAIC. The Animal and Plant Health 
Inspection Service will enter into a cooperative-service agreement with 
only one importer for each importation through the Harry S Truman 
Animal Import Center (HSTAIC). Applications for the HSTAIC lottery will 
not be accepted from, and a cooperative-service agreement to use HSTAIC 
will not be offered to or entered into with, any person who has debts 
owing to APHIS that have not been paid by the date specified in APHIS's 
original billing notification to the person. Any person who has debts 
owing to APHIS that have not been paid by the date specified in APHIS's 
original billing notification to that person will be removed from the 
current priority list. An importer granted the exclusive right to use 
HSTAIC may include in his or her allotted number, animals of the same 
species belonging to other persons interested in importing animals 
through HSTAIC, except that llamas and alpacas may be included in the 
same importation. However, APHIS will deal exclusively with the 
importer in whose name the application for use of HSTAIC was submitted. 
The Animal and Plant Health Inspection Service will hold this importer 
solely responsible for all costs (excepting capital expenditures at 
HSTAIC) incurred during the animal qualification process. The animal 
qualification process begins on the date the cooperative-service 
agreement is delivered to the address listed on the importer's HSTAIC 
application, for the importer's signature, if HSTAIC is not available 
to other importers, up to a maximum of 30 days. A cooperative-service 
agreement will be deemed to have been delivered when the importer signs 
the U.S. Postal Service domestic return receipt, or the importer 
refuses delivery of the cooperative-service agreement by the U.S. 
Postal Service, or the cooperative-service agreement is returned by the 
U.S. Postal Service as either unclaimed or undeliverable. HSTAIC can 
accommodate a finite number of animals at one time, but the maximum 
allowed for a particular importation will vary, depending on the size 
of the species. The Animal and Plant Health Inspection Service will 
specify this figure in the cooperative-service agreement, reproduced in 
paragraph (d) of this section.
    (b) Scheduling. Applications from prospective users of HSTAIC are 
processed according to the following system:

[[Page 17077]]

    (1)(i) All applications for use of HSTAIC. To qualify to use 
HSTAIC, an importer must submit a completed application,\11\ providing 
estimates when exact information as required on the application form is 
unavailable.
---------------------------------------------------------------------------

    \11\ Application forms are available from, and must be submitted 
to Veterinary Services, Animal and Plant Health Inspection Service, 
Import/Export Animals, National Center for Import and Export, 4700 
River Road Unit 39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (ii) Each applicant for the importation of animals through HSTAIC 
must make a deposit of $32,000 in the form of a certified check or 
money order, payable in U.S. funds. The deposit of each applicant who 
is not given the opportunity to use HSTAIC will be returned to the 
applicant at the end of the calendar year of the prospective 
importation, or whenever the applicant removes his or her name from the 
priority list described in paragraph (b)(4) of this section. The Animal 
and Plant Health Inspection Service will draw on the deposit of the 
applicant whose application is selected, to pay for the costs of 
preparing and maintaining HSTAIC in readiness for the applicant's 
animals. A charge of $1,067 will be made for each day that HSTAIC is 
not available to another importer, starting on the date the 
cooperative-service agreement is delivered to the address listed on the 
importer's HSTAIC application, and ending either with the day that 
APHIS receives the signed cooperative-service agreement or the day the 
applicant notifies APHIS in writing that he or she does not intend to 
sign the cooperative-service agreement, up to a maximum of 30 days. A 
cooperative-service agreement will be deemed to have been delivered 
when the importer signs the U.S. Postal Service domestic return 
receipt, or refuses delivery of the cooperative-service agreement by 
the U.S. Postal Service, or the cooperative-service agreement is 
returned by the U.S. Postal Service as either unclaimed or 
undeliverable.
    (2)(i) During the first seven days of December 12, APHIS will 
hold a lottery, randomly drawing the names of applicants in an order 
that will determine the order in which they will be offered use of 
HSTAIC for an importation during the next calendar year. To be included 
in the annual December lottery, applications must reach the Import-
Export Animals Staff, Veterinary Services, no earlier than October 1 
and no later than October 15 of that year.
---------------------------------------------------------------------------

    \12\ The Animal and Plant Health Inspection Service will publish 
a notice announcing the exact date in the Federal Register at least 
30 days in advance of the December drawing.
---------------------------------------------------------------------------

    (ii) One application is required for each importation proposed. 
Deposits required by paragraph (b)(1)(ii) of this section must be 
received by APHIS at least 7 calendar days prior to the date of the 
lottery.
    (3) The priority list established by the annual December lottery 
will remain effective from January 1 through December 31 of the next 
calendar year, superseding all previous lists. Which year's list is 
used is governed by the date exclusive use of HSTAIC is offered and not 
by the date the applicant's animals are scheduled to arrive at HSTAIC.
    (4) The names of all applicants whose applications have reached the 
Import-Export Animals Staff, Veterinary Services, no earlier than 
October 1 and no later than October 15 (see paragraphs (b) (1) and (2) 
of this section), and whose deposits have reached APHIS at least 7 
calendar days prior to the date of the lottery, will be drawn during 
the December lottery. The order in which names appear on the priority 
list will correspond to that established by the lottery. If the person 
first offered the right to use HSTAIC does not ensure receipt of the 
cooperative-service agreement by the Import-Export Animals Staff, 
Veterinary Services, within 30 days of receiving the cooperative-
service agreement, APHIS will void that offer, and make an offer to the 
applicant next on the priority list. The Animal and Plant Health 
Inspection Service will limit importations to one per importer for the 
period encompassing the calendar year for which the lottery is held and 
the following two calendar years, except when no other lottery 
participants are prepared to use HSTAIC during the time it would be 
available in those years. The priority list established during the 
December lottery will remain in effect during the calendar year 
following the lottery, and will take precedence over any applications 
received after October 15th. Applications received after October 15th 
will be added to the priority list, with precedence established by the 
order in which the Import-Export Animals Staff, Veterinary Services, 
receives them.
    (5) If the Import-Export Animals Staff, Veterinary Services, does 
not receive more than one application between October 1st and October 
15th for the December lottery, the December lottery for that year will 
be canceled, and APHIS will grant the exclusive right to use HSTAIC for 
an importation during the next calendar year in the order applications 
are received.
    (6) The Secretary of Agriculture may grant priority over other 
applications to an application from an agency of the United States 
Government, if for an importation potentially of value to the general 
public, and if received before July 15 of the year preceding the 
proposed importation.13 However, an agency of the United States 
Government must submit its application in accordance with this section, 
except that, an agency of the United States Government must enter into 
an interagency agreement with APHIS for a deposit of $32,000 by 
certified check or money order, payable in U.S. funds. HSTAIC 
importations by agencies of the United States government will be 
limited to one per year, except when HSTAIC is available and the 
Import-Export Animals Staff, Veterinary Services, has received no other 
applications for its use during that year.
---------------------------------------------------------------------------

    \13\ If the Secretary grants priority to an application from an 
agency of the United States Government, the Animal and Plant Health 
Inspection Service will publish a notice in the Federal Register 
prior to October 1 of the year preceding the proposed importation.
---------------------------------------------------------------------------

    (c) Responsibilities of the applicant selected. By certified mail, 
return receipt requested, APHIS will send a cooperative-service 
agreement to the applicant being offered the exclusive right to use 
HSTAIC, as provided in paragraph (d) of this section. The applicant 
must, within 30 days of receipt, sign and ensure that the Import-Export 
Animals Staff, Veterinary Services, receives the cooperative-service 
agreement. The cooperative-service agreement must be accompanied by a 
certified check or money order, or an irrevocable letter of credit (the 
letter of credit having an effective date 90 days after the animals' 
scheduled release date from HSTAIC), payable in U.S. funds, for the 
amount specified in the cooperative-service agreement. Any funds 
remaining from the $32,000 deposit will be applied to the quarantine 
costs, and will be deducted from the balance due with the cooperative-
service agreement. For importations requiring use of a pre-embarkation 
quarantine facility, physical plans for the facility, including site-
specific blueprints and location, must be included when the 
cooperative-service agreement is returned to the Import-Export Animals 
Staff, Veterinary Services.
    (1) An importer interested in animals ineligible for importation 
because officials in the exporting country or region will not allow 
APHIS to provide the services prescribed in the cooperative-service 
agreement, may, upon notification of this ineligibility

[[Page 17078]]

from APHIS, propose to substitute animals available from another 
location. If this importer has not returned the signed cooperative-
service agreement within the 30 days specified in the cooperative-
service agreement, APHIS will return any portion of the importer's 
deposit that has not been expended. In that case, the applicant next in 
priority will be offered the exclusive right to use HSTAIC, in 
accordance with the procedures in this section.
    (2) The importer may not abrogate his/her responsibility for costs 
incurred after the signing of the cooperative-service agreement, 
regardless of any occurrences that prevent the importation from 
proceeding as planned.
    (3) The importer signing the cooperative-service agreement returned 
to the APHIS is responsible for paying all costs, excluding capital 
expenditures at HSTAIC, incurred in qualifying the specified animals 
for importation through HSTAIC. A partial list of costs for which the 
importer must assume responsibility includes: expenses for preparing 
and maintaining HSTAIC in readiness for the importation; expenses for 
sentinel animals in the United States, when required, and for tested 
animals prevented, for any reason, from moving from HSTAIC elsewhere 
within the United States; laboratory tests; medical treatment; official 
travel by APHIS personnel, including per diem expenses in the country 
from which animals are being exported, when required; courier services 
to transport test samples to the Foreign Animal Disease Diagnostic 
Laboratory, when required; salaries of HSTAIC personnel; all supplies 
for animals care, maintenance, and testing during the quarantine and in 
the post-quarantine cleaning and disinfection of HSTAIC; utilities and 
overhead, including support staff, during the quarantine and post-
quarantine cleanup.
    (4) Capital expenditures at HSTAIC constitute the only costs for 
which the importer will not be held responsible.
    (5) For costs incurred during any stage of the importation through 
HSTAIC--that is, costs not calculated into the amount collected from 
the importer in accordance with the cooperative-service agreement--
APHIS will bill the importer at a later date. Payment will be due upon 
receipt of the bill.
    (6) The Animal and Plant Health Inspection Service will return to 
the importer any part of the money remitted with the cooperative-
service agreement set forth in paragraph (d) of this section that is 
not used to cover the non-capital costs of the importation through 
HSTAIC.
    (d) Cooperative-Service Agreement. Each importer being granted the 
right to use HSTAIC must sign, and comply with, the cooperative-service 
agreement with APHIS. A sample cooperative-service agreement for 
importers other than agencies of the United States government is 
reproduced in this paragraph. (Agencies of the United States government 
being granted the right to use HSTAIC must enter into an interagency 
agreement with APHIS.) The amount of money the importer must advance, 
left blank in the following sample, will depend on figures unique to a 
particular importation. This amount will be specified in the 
cooperative-service agreement the importer receives.

Cooperative-Services Agreement Between (Name of Importer) and the 
United States Department of Agriculture, Animal and Plant Health 
Inspection Service

    The importer, ____________, wishes to qualify animals for 
importation into the United States. The United States Department of 
Agriculture, Animal and Plant Health Inspection Service, administers 
the Harry S Truman Animal Import Center (HSTAIC), a facility through 
which the importer may import animals into the United States.
    To effect this importation, both parties agree to the following 
terms:
    The importer agrees:
    1. To have this cooperative-service agreement in the office of 
the Animal and Plant Health Inspection Service's Import-Export 
Animals Staff, Veterinary Services, within 30 days of the date of 
receipt, evidenced by the postal return-receipt.
    2. To remit with the cooperative-service agreement a certified 
check, money order, or irrevocable letter of credit having an 
effective date that extends 90 days beyond the animals' scheduled 
release from HSTAIC, payable in U.S. funds to the United States 
Department of Agriculture, Animal and Plant Health Inspection 
Service, in the amount of $____________. (This amount represents the 
estimated cost (except capital expenditures at HSTAIC) of qualifying 
the animals for importation through HSTAIC, less any unused portion 
of the $32,000 deposited in conjunction with the application for the 
exclusive right to use HSTAIC.
    3. To limit to ____________ the number of animals, species 
____________ transported to HSTAIC for an importation scheduled to 
begin on or about ____________ and to end with the animals' release 
from HSTAIC, scheduled for ____________.
    4. To assume liability for all costs (except capital 
expenditures at HSTAIC) attributable to preparing and maintaining 
HSTAIC in readiness for the importation, and to qualifying animals 
for and through quarantine in the pre-embarkation quarantine 
facility (PEQF), when quarantine in a PEQF is required, and in 
HSTAIC for importation into the United States. (A partial list of 
these costs would include expenses for sentinel animals in the 
United States and for tested animals prevented, for any reason, from 
moving from HSTAIC elsewhere within the United States; laboratory 
tests; medical treatment; official travel by Animal and Plant Health 
Inspection Service personnel, including per diem expenses in the 
country from which the animals are being exported; courier services 
to transport test samples to the Foreign Animal Disease Diagnostic 
Laboratory; salaries of HSTAIC personnel; all supplies for animal 
care, maintenance, and testing during the quarantine and in the 
post-quarantine cleaning and disinfection of HSTAIC; utilities and 
overhead, including support staff, during the quarantine and post-
quarantine cleanup.)
    5. To obtain from foreign government officials authorizations 
granting Animal and Plant Health Inspection Service personnel free 
access to the PEQF, when quarantine in a PEQF is required, and 
permits for export.
    6. To secure from animal carriers permission for Animal and 
Plant Health Inspection Service personnel to accompany the animals 
to the PEQF, when quarantine in a PEQF is required, and from the 
PEQF to HSTAIC.
    7. To maintain and operate the PEQF, when quarantine in a PEQF 
is required, in compliance with 9 CFR 92.431 of the Code of Federal 
Regulations.
    8. To accept as final the findings of the Administrator, Animal 
and Plant Health Inspection Service, on the animals' eligibility to 
enter the PEQF, when quarantine in a PEQF is required, to enter 
HSTAIC, and to be released from HSTAIC.
    9. To follow procedures prescribed by the Animal and Plant 
Health Inspection Service, appropriate to the disease and pest 
status of the quarantined animals. (When quarantine in a PEQF is 
required, the presence in the PEQF of even one animal either exposed 
to, or infected with, rinderpest, foot-and-mouth disease, hog 
cholera, African swine fever, swine vesicular disease, or certain 
other contagious, exotic diseases, automatically disqualifies all 
animals in the PEQF from entering HSTAIC. The presence in HSTAIC of 
even one animal either exposed to, or infected with, one of the 
diseases referred to in this paragraph, automatically disqualifies 
all animals in HSTAIC from moving anywhere within the United States 
after the period in quarantine.)
    10. To assume responsibility for disposal of quarantined animals 
that do not qualify to move into or within the United States. (In 
the case of animals disqualified while quarantined in HSTAIC, the 
Animal and Plant Health Inspection Service will stipulate the 
conditions under which the disqualified animals in HSTAIC must be 
destroyed. The importer must, within 10 days of notification from 
the Animal and Plant Health Inspection Service, remove from the PEQF 
or HSTAIC, animals untreatable or treated for, but not cured of, a 
communicable disease other than foot-and-mouth disease or any of 
certain other exotic diseases. Animals removed from HSTAIC must be 
moved out of the United States or be destroyed under conditions 
stipulated by the Animal and Plant Health Inspection Service.)
    11. To assume responsibility for all costs the Animal and Plant 
Health Inspection Service incurs during this importation, excluding 
capital expenditures at HSTAIC.

[[Page 17079]]

    12. To pay, upon receipt, post-quarantine billings incurred 
during this importation, for costs exceeding the amount remitted 
with this cooperative-service agreement plus the initial $32,000 
deposit.
    The Animal and Plant Health Inspection Service Agrees:
    1. To provide the personnel required to perform inspections, 
laboratory procedures, and examinations, and to provide on-site 
supervision of the isolation, quarantine, care and handling of 
animals on premises of origin, in the PEQF when quarantine in a PEQF 
is required, and in HSTAIC.
    2. To inform the importer of any quarantined animals in the PEQF 
or in HSTAIC that fail to qualify for entry into the United States, 
and to inform the importer that he/she must assume responsibility 
for their disposal.
    3. To finance capital expenditures at HSTAIC without charging 
the importer.
    4. To account for all money disbursed from the amount remitted, 
and to provide the importer with a complete written accounting upon 
termination of this cooperative-service agreement.
    5. To refund to the importer any part of the money remitted with 
this cooperative-service agreement that is not used to cover the 
non-capital costs of the importation through HSTAIC.
    Both parties agree:
    1. That this cooperative-service agreement is effective upon 
signature by both parties.
    2. That this cooperative-service agreement will not be signed by 
the Administrator if the Import-Export Animals Staff, Veterinary 
Services, Animal and Plant Health Inspection Service, has not 
received this signed cooperative-service agreement, including the 
specified remittance for the amount due, by 4:30 p.m. on the 
thirtieth calendar-day after the date on the United States Postal 
Service's return receipt, evidencing its receipt by the importer.
    3. That this cooperative-service agreement will not be signed by 
the Administrator if the cooperative-service agreement is not 
accompanied by the physical plans for the PEQF, including its 
location and site-specific blueprints (except when quarantine in a 
PEQF is not required).
    4. That this cooperative-service agreement will be voided if the 
Administrator, Animal and Plant Health Inspection Service, 
determines that the importer has not completed arrangements with the 
responsible officials in the exporting country by 4:30 p.m. on the 
date 42 calendar-days after the importer's signing of this 
cooperative-service agreement.
    5. That, if both parties agree, this cooperative-service 
agreement may be amended in writing.
    6. That either party may terminate this cooperative-service 
agreement upon giving 30 days written notice to the other party, but 
premature termination will not relieve the importer of 
responsibility for costs incurred, as provided in this cooperative-
services agreement, nor will it relieve the Animal and Plant Health 
Inspection Service of responsibility for providing the importer with 
a complete written accounting of money disbursed from the amounts 
remitted.
    7. That during the performance of this cooperative-service 
agreement, the importer agrees to be bound by the Equal Employment 
Opportunity and Nondiscrimination provisions set forth in Exhibit A 
and the Nonsegregation of Facilities provisions set forth in Exhibit 
B,1 which are attached to and made part of this cooperative-
service agreement.
---------------------------------------------------------------------------

    \1\ Import-Export Animal Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, will send each importer 
copies of Exhibits A and B along with the cooperative-services 
agreement.
---------------------------------------------------------------------------

    8. That no member of, or delegate to, Congress may participate 
in, or benefit from, this cooperative-service agreement.
----------------------------------------------------------------------
Date
----------------------------------------------------------------------
Importer
----------------------------------------------------------------------
Date
----------------------------------------------------------------------
Administrator, Animal and Plant Health Inspection Service, United 
States Department of Agriculture.


Sec. 93.517  Pre-embarkation quarantine facility; criteria and 
standards for approval.

    Criteria for establishment of a pre-embarkation quarantine facility 
outside the United States for the purpose of importing swine into the 
United States that are eligible for importation only through the Harry 
S Truman Animal Import Center are as follows:
    (a) Establishment. (1) The Administrator may enter into an 
agreement with one or more parties for the establishment of such a 
facility pursuant to the standards in paragraph (b) of this section.
    (2) To qualify for designation as a pre-embarkation quarantine 
facility (PEQF) for a specifically authorized importation, the facility 
must meet the requirements of paragraph (b) of this section.
    (3) All costs associated with the establishment and operation of 
such a pre-embarkation quarantine facility shall be borne by the owner 
or operator of such facility.
    (4) The Animal and Plant Health Inspection Service requires that 
the importer submit the physical plans for the PEQF for which he or she 
is requesting approval. The physical plans must include location of the 
facility and site-specific blueprints. The importer must send these 
physical plans, due with the cooperative-service agreement as provided 
in Sec. 93.526(d), to the Import-Export Animals Staff, National Center 
for Import-Export, Veterinary Services, Animal and Plant Health 
Inspection Service, United States Department of Agriculture, 4700 River 
Road Unit 39, Riverdale, MD 20737-1231. The Animal and Plant Health 
Inspection Service will, after reviewing the importer's physical plans 
and conducting an on-site inspection, approve a PEQF found to meet the 
requirements of this section. Approval of a PEQF will expire at the end 
of the specifically authorized quarantine. Subsequent importers granted 
use of HSTAIC and proposing to use one of the existing PEQFs must apply 
for approval as if for a new facility. No more than one PEQF will 
receive approval for a specific HSTAIC importation. If the PEQF 
specified in the signed cooperative-service agreement, as provided in 
Sec. 93.526(d), is not approved by APHIS, the importer may use an 
alternative PEQF, provided it is approved by APHIS during the 42 days 
following the date the importer signs the cooperative-service 
agreement. If a PEQF closes down or loses its ``approved'' status for 
any reason, APHIS may approve a replacement following the method 
specified in this paragraph (a)(4).
    (5) Permission to place swine in the foreign PEQF shall be given to 
any person who has received permission to import swine through the 
Harry S Truman Animal Import Center, unless the Administrator 
determines that sufficient grounds exist whereby such person may be 
denied such permission.
    (6) Fees charged by the owner or operator for the use of such 
facility shall be provided in private agreements between the owner or 
operator of the facility and the owners of the swine proposed for 
importation. Such fees shall be nondiscriminatory and reasonable as 
determined by the Administrator.
    (7) Approval of any approved PEQF may be withdrawn at any time by 
the Administrator, upon his or her determination that any requirement 
of this section is not being met. Before such action is taken, the 
operator of the facility will be informed of the reasons for the 
proposed actions and will be afforded opportunity to present his or her 
views thereon, in accord with rules of practice adopted by the 
Administrator. Upon withdrawal of approval, the operator, upon request, 
shall be afforded opportunity for a hearing with respect to the merits 
or validity of such action; but such withdrawal or refusal shall 
continue in effect unless otherwise ordered by the Administrator. Rules 
of practice concerning the hearing shall be adopted by the 
Administrator.
    (b) Standards for approval of pre-embarkation quarantine 
facilities--
    (1) Location. (i) The PEQF must be in an area isolated from 
ruminants, swine, and poultry. It must be located near the point of 
embarkation: A dock, if the

[[Page 17080]]

swine will travel by ocean vessel; an airport, if the swine will travel 
by plane.
    (ii) The swine's route from the PEQF to the point of embarkation 
must be limited to regions free of ruminants, swine, and poultry.
    (iii) The facility must be so situated that there will be no 
contact between swine held in the facility with any other species of 
animals.
    (iv) The facility must be so situated that it will be free from 
contact with water and waste effluents from local livestock or poultry. 
Water and waste effluents from the facility must be disposed of in a 
manner determined by the Administrator to be adequate to insure no 
exposure to local livestock or poultry.
    (2) Building. (i) The exterior of the building must be of durable 
low- maintenance, waterproof type construction that will withstand 
repeated cleaning and disinfecting.
    (ii) Roofs must be watertight. The styling and configuration of the 
roof of the swine holding building must provide for optimum air 
circulation throughout the facility.
    (iii) The interior finish of the building must be durable, 
washable, and of low maintenance type construction. The floor must be 
concrete with no cracks or crevices.
    (iv) Mesh double screens must protect all open areas, so that 
insects cannot gain access to the swine holding area. If the swine are 
removed from the double-screened building before export to the HSTAIC, 
or if the United States Department of Agriculture Veterinarian in 
Charge of the quarantine operation determines that insects capable of 
transmitting communicable animal disease agents are entering the swine 
holding area, APHIS will require implementation of a program of insect 
vector control. This vector control program will involve treating 
swine, building interiors, and environs with United States 
Environmental Protection Agency-registered pesticides. The pesticides 
must be used in the manner prescribed on the United States 
Environmental Protection Agency-approved label, and in accordance with 
the requirements of the government of the country in which the PEQF is 
located.
    (v) Stalls, pens, and runways must be constructed of sufficient 
height and strength to confine and restrain all swine simultaneously 
for daily veterinary examinations.
    (vi) At least 70-foot-candle lighting must be provided in the 
inspection area. A minimum light of 30-foot-candle must be available in 
all other areas of the facility.
    (vii) A dipping vat of a concrete pit type with inspection chute, 
holding pen, dripping pen, and post-drip area similar to USDA Extension 
Plan 5940, revised, must be provided.14
---------------------------------------------------------------------------

    \14\ Copies of USDA Extension Plan 5940, revised, may be 
obtained from the Import/Export Animals Staff, National Center for 
Import and Export, Animal and Plant Health Inspection Service, 
United States Department of Agriculture, 4700 River Road Unit 39, 
Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (viii) The waste management system must be carefully designed to 
meet all applicable sanitation and quarantine requirements and the 
existing environmental standards of the country in which the pre-
embarkation quarantine facility is located.
    (3) Fencing. (i) The outer perimeter of all facilities must be 
surrounded by a fence that must be of sufficiently small mesh as to 
preclude the entrance of small farm animals, including dogs, and of 
such height and strength as to prevent entrance of larger animals. This 
fence must be located at least 200 feet from the building in which 
quarantined swine are to be held, except that, in an urban or 
industrial area the location of the fence may be less than 200 feet as 
determined by the Administrator, if such action will not increase the 
risk that communicable disease agents of livestock or poultry will be 
disseminated from the facility.
    (ii) In regions affected by cattle fever ticks all such facilities 
must be double fenced, with the inner perimeter fence located at least 
15 feet from the outer perimeter fence. When double fencing is 
required, the space between the outer and inner perimeter fences must 
be kept free from all foliage at all times.
    (iii) The outer fence of the facility must be posted with signs in 
appropriate language, which must convey the following: Restricted 
Area--Keep Out, Quarantine Area--Keep Out, or Registered Quarantine 
Area--Keep Out.
    (4) Feed. The animal feed supply in the PEQF must consist only of 
feed obtained from a country or region that is classified as Risk Class 
RN, R1, or R2 for foot-and-mouth disease, and for any other exotic 
disease necessitating the quarantine or that could jeopardize the 
quarantine.
    (5) Other requirements. (i) Access into the quarantine area must be 
through a single door that must lead into a walk-through shower area 
with clothes change areas located on either side of the shower and 
adjacent thereto.
    (ii) Toilet and lavatory facilities as determined by the 
Administrator to be adequate to preclude transmission of livestock or 
poultry disease agents from the facility must be located within the 
swine holding areas.
    (iii) A sufficient supply of clean clothing, including towels and 
footwear, as determined by the Administrator to be adequate to prevent 
the transmission of livestock or poultry disease agents from the 
facility, must be maintained within the quarantine area.
    (iv) A continuous supply of hot and cold running water, including 
potable water for personnel, must be provided.
    (v) If lunch is to be eaten within the facility, a lunch room must 
be provided and all food entered into the facility must be approved by 
the supervising United States government veterinarian.
    (vi) A separate room containing the equipment for preparation and 
packaging of laboratory specimens with adequate office space, as 
determined by the Administrator, to perform his or her duties must be 
provided for the supervising veterinary official. All records, 
equipment, and other materials used in the facility, must be maintained 
within the quarantine facility for the entire quarantine period.
    (vii) A separate area situated apart from the swine holding area 
must be provided for necropsies and a means for the removal of the 
carcasses of dead swine must be provided without breaking quarantine 
security.
    (viii) A swine receiving area and a chute or stocks for restraint 
during examination and veterinary inspection, as determined to be 
appropriate by the Administrator to permit examination of the swine, 
must be provided.
    (ix) Feed must be stored in such a manner that replenishment during 
the quarantine period does not require transporting vehicles to enter 
the quarantine area.
    (x) Equipment necessary for the care, cleaning, feeding, waste 
disposal, and handling of the swine must be provided and maintained 
within the quarantine area.
    (xi) Additional requirements as to security, physical plant and 
facilities, and sanitation may be imposed by the Administrator in each 
specific case in order to assure that the quarantine of the swine in 
such facility will be adequate to enable determination of their health 
status, prevent the spread of disease among swine in quarantine, and 
prevent escape of animal disease agents from the facility.

Subpart H--Elephants, Hippopotami, Rhinoceroses, and Tapirs

    50. In subpart H, Sec. 93.800 would be amended by revising the 
introductory text and the definitions of Accredited veterinarian, 
Administrator, and United States, to read as follows:

[[Page 17081]]

Sec. 93.800  Definitions.

    Whenever in this subpart the following terms are used, unless the 
context otherwise requires, they shall be construed, respectively, to 
mean:
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
functions specified in parts 1, 2, 3, and 11 of subchapter A, and 
subchapters B, C, and D of this chapter, and to perform functions 
required by cooperative State-Federal disease control and eradication 
programs.
    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.
* * * * *
    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.
* * * * *
    51. Part 94 would be revised to read as follows:

PART 94--IMPORTATION OF MEAT AND UNPROCESSED PRODUCTS FROM ANIMALS

Sec.
94.0  Definitions.
94.1  Importation of fresh, chilled, or frozen meat from ruminants 
or swine.
94.2  Additional conditions for importation of fresh, chilled, or 
frozen meat from ruminants and swine.
94.3.  Fresh, chilled, or frozen products (other than meat) and milk 
and milk products of ruminants and swine.
94.4  Organs, glands, extracts, or secretions of ruminants or swine.
94.5  Importation of cured or cooked meat of ruminants or swine into 
the United States from regions classified as Risk Class R3, R4, or 
RU for foot and-mouth disease, rinderpest, African swine fever, 
swine vesicular disease, and/or hog cholera.
94.6  Regulation of certain garbage.
94.7  Carcasses, or parts or products of carcasses, and eggs (other 
than hatching eggs) of poultry, game birds, or other birds; 
importations from countries where Exotic Newcastle disease (VVND) or 
S. enteritidis is considered to exist.
94.8  Disposal of meats ineligible for importation.
94.9  Meat and other animal products; in-transit movement and 
handling.
94.10  Milk and milk products.
94.11  Dry-cured pork products from regions classified as Risk Class 
R3, R4, or RU for foot-and-mouth disease, rinderpest, African swine 
fever, hog cholera, or swine vesicular disease.
94.12  Ruminant meat and edible products from ruminants that have 
been in regions classified as Risk Class R3, R4, or RU for bovine 
spongiform encephalopathy.
94.13  Movement of meat and meat products.
94.14  Seizure, quarantine, and disposal of meat and meat products.
94.15  Cancellation of compliance agreements.

    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).


Sec. 94.0  Definitions.

    As used in this part, the following terms shall have the meanings 
set forth in this section.
    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, United States Department of 
Agriculture.
    APHIS representative. Any individual employed by the Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture, who is authorized to perform the services required by this 
part.
    Approved facility. A facility approved by the Administrator, upon 
his or her determination that it has equipment and uses procedures that 
are adequate to prevent the dissemination of plant pests and livestock 
or poultry diseases, and that it is certified by an appropriate 
government official as currently complying with the applicable laws for 
environmental protection.
    Approved sewage system. A sewage system approved by the 
Administrator, upon his or her determination that the system is 
designed and operated in such a way as to preclude the discharge of 
sewage effluents onto land surfaces or into lagoons or other stationary 
waters, and otherwise is adequate to prevent the dissemination of plant 
pests and livestock or poultry diseases, and that it is certified by an 
appropriate government official as currently complying with the 
applicable laws for environmental protection.
    Authorized inspector. Any employee of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other individual who is authorized by the Administrator to enforce this 
part.
    Birds. All members of the class Aves (other than poultry or game 
birds).
    Carrier. For the purposes of Sec. 94.6, this term means the 
principal operator of a means of conveyance.
    Cervid. All species of deer, elk, and moose.
    Cold spot. The area in a flexible plastic cooking tube or other 
type of container loaded with meat product, or the areas at various 
points along the belt in an oven chamber, slowest to reach the required 
temperature during the cooking process. The cold spot(s) for each 
container is experimentally determined before the cooking process 
begins and, once identified, remains constant.
    Contact. Known or potential commingling of products of animals 
during processing or storage, or while being transported from any point 
to any other point. Contact includes simultaneous processing in the 
same facility, or storage or shipment in the same room, locker, or 
container, but not necessarily the same storage facility or conveyance, 
as long as security measures provided are determined to be adequate by 
an authorized APHIS representative.
    Container. A receptacle, sometimes refrigerated, that is designed 
to be filled with cargo, sealed, and then moved, without unsealing or 
unloading, aboard a variety of different transporting means of 
conveyance.
    Continental United States. The 49 States located on the continent 
of North America and the District of Columbia.
    Department. The United States Department of Agriculture (USDA).
    Directly. Without unloading and without stopping except for 
refueling, or for traffic conditions such as traffic lights or stop 
signs.
    Exotic Newcastle disease (VVND). The velogenic, viscerotropic form 
of Newcastle disease.
    Flock of origin. The flock in which the eggs were produced.
    Food Safety and Inspection Service (FSIS). The Food Safety and 
Inspection Service of the United States Department of Agriculture.
    FSIS inspector. An individual authorized by the Administrator, 
FSIS, to perform the function involved.
    Game birds. Migratory birds, including certain ducks, geese, 
pigeons, and doves (``migratory'' refers to seasonal flight to and from 
the United States); and free-flying quail, wild grouse, and wild 
pheasants (as opposed to those that are commercial, domestic, or pen-
raised).

[[Page 17082]]

    House. A structure, enclosed by walls and a roof, in which poultry 
are raised.
    Import (imported, importation) into the United States. To bring 
into the territorial limits of the United States.
    Incineration. Reduction to ash by burning.
    Indicator piece. A cube or slice of meat to be used for the pink 
juice test, required to meet minimum size specifications.
    Operator. The operator responsible for the day-to-day operations of 
a facility.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    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.
    Port of arrival. Any place in the United States at which a product 
or article arrives, unless the product or article remains on the means 
of conveyance on which it arrived within the territorial limits of the 
United States.
    Poultry. Chickens, turkeys, swans, partridges, guinea fowl, pea 
fowl; nonmigratory ducks, geese, pigeons, and doves; commercial, 
domestic, or pen-raised grouse, pheasants, and quail.
    Premises of origin. The premises where the flock or herd of origin 
is kept.
    Region. Any defined geographic land region identifiable by 
geological, political or surveyed boundaries.
    Region of origin. For meat and meat products, the region in which 
the animal from which the meat or meat product was derived was raised 
and slaughtered; and for eggs, the region in which the eggs were laid. 
In those cases where the animal was raised in one region and 
slaughtered in another, the region of origin is the region with the 
classification of greater disease risk.
    Restricted agents. Livestock disease agents, vectors, or hosts of 
those agents not known to exist in the United States or that are 
subject to control or eradication programs within the United States. 
Restricted agents are listed in Sec. 92.2 of this chapter.
    Risk Class regions. Foreign exporting regions designated by APHIS 
according to the results of a risk assessment as defined in Sec. 92.1 
of this chapter and determined by criteria set forth in Sec. 92.3 of 
this chapter are incorporated herein and are applicable to this part.
    Ruminants. All animals that chew the cud, such as cattle, 
buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.
    Salmonella enteritidis. Salmonella enteritidis serotype 
enteritidis, an organism that causes salmonellosis.
    Salmonella enteritidis, phage-type 4. A virulent type of Salmonella 
enteritidis serotype enteritidis.
    Salmonellosis. An infectious disease caused by species of 
Salmonella bacteria.
    Sentinel bird. A chicken that has been raised in an environment 
free of pathogens that cause communicable diseases of poultry and that 
has not been infected with, exposed to, or immunized with any strain of 
virus that causes Newcastle disease.
     Shelf-stable. The condition achieved in a product, by application 
of heat alone or in combination with other ingredients and/or other 
treatments, of being rendered free of microorganisms capable of growing 
in the product under nonrefrigerated conditions (over 50  deg.F or 10 
deg.C).
    Sterilization. For purposes of Sec. 94.6, this term means the 
cooking of regulated garbage at 212  deg.F. (100  deg.C.) for 30 
minutes.
    Swine. The domestic hog and all varieties of wild hogs.
    Temperature indicator device (TID). A precalibrated temperature-
measuring instrument containing a chemical compound activated at a 
specific temperature (the melting point of the chemical compound) 
identical to the processing temperature that must be reached by the 
meat being cooked.
    Territories or possessions. For Sec. 94.6, territories or 
possessions means Guam, the Northern Mariana Islands, Puerto Rico, and 
the Virgin Islands of the United States, and all other territories or 
possessions of the United States.
    Thoroughly cooked. Heated sufficiently to inactivate any pathogen 
that may be present, as indicated by the required TID or pink juice 
test.
    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, for the purposes of this part 
other than Sec. 94.6, all other territories or possessions of the 
United States.
    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 concerned.
    Wild swine. Any swine that are allowed to roam outside an 
enclosure.


Sec. 94.1  Importation of fresh, chilled, or frozen meat from ruminants 
or swine.

    (a) Importation of fresh, chilled, or frozen meat from ruminants or 
swine in regions that are classified as Risk Class R4 or RU for 
rinderpest or foot-and-mouth disease is prohibited.
    (b) Importation of fresh, chilled, or frozen meat from swine in 
regions that are classified as Risk Class R3, R4 or RU for hog cholera, 
African swine fever, or swine vesicular disease is prohibited.
    (c) Importation of fresh, chilled, or frozen meat from ruminants 
from regions that are classified as Risk Class R4 or RU for bovine 
spongiform encephalopathy is prohibited.
    (d) Fresh, chilled, or frozen meat from ruminants or swine raised 
and slaughtered in regions classified as Risk Class RN or R1 for foot-
and-mouth disease, rinderpest, bovine spongiform encephalopathy, 
African swine fever, hog cholera, and/or swine vesicular disease may be 
imported into the United States provided:
    (1) The authorized official of the exporting country certifies on 
the foreign meat inspection certificate that the shipment originated 
from regions that are classified as Risk Class RN or R1 for foot-and-
mouth disease, rinderpest, bovine spongiform encephalopathy, African 
swine fever, hog cholera, and swine vesicular disease in ruminants or 
swine;
    (2) The authorized official of the exporting country certifies on 
the foreign meat inspection certificate that the meat has not been in 
contact with meat from regions that are classified as Risk Class R2, 
R3, R4, or RU for foot-and-mouth disease, rinderpest, bovine spongiform 
encephalopathy, African swine fever, hog cholera, and/or swine 
vesicular disease.
    (e) Fresh, chilled, or frozen meat from ruminants or swine raised 
and slaughtered in regions that are classified as Risk Class R2 for 
foot-and-mouth disease or rinderpest may be imported into the United 
States provided that the authorized official of the exporting country 
certifies on the foreign meat inspection certificate that:
    (1) Each shipment originates from regions that are classified as 
Risk Class RN, R1, or R2 for foot-and-mouth disease or rinderpest in 
ruminants or swine;
    (2) The meat has not been in contact with meat from regions that 
are classified as Risk Class R3, R4 or RU for foot-and-mouth disease or 
rinderpest in ruminants or swine;
    (3) The meat originates from premises where foot-and-mouth disease 
or rinderpest has not been present during the lifetime of any ruminants 
or swine slaughtered for export;
    (4) The meat originates from premises located in regions where 
foot-and-mouth disease or rinderpest has not

[[Page 17083]]

been diagnosed within the previous 12 months;
    (5) The meat originates from premises on which ruminants or swine 
have not been vaccinated with modified or attenuated live viruses for 
foot-and-mouth disease at any time during the lifetime of any of the 
ruminants or swine slaughtered for export;
    (6) The meat originates from ruminants or swine that have not been 
vaccinated for rinderpest, African swine fever, hog cholera or swine 
vesicular disease at any time during the lifetime of any of the 
ruminants or swine slaughtered for export;
    (7) The meat comes from carcasses that have been allowed to 
maturate at 40 to 50  deg.F (4 to 10  deg.C) for a minimum of 36 hours 
after slaughter and have reached a maximum pH of 6.0 in the loin muscle 
at the end of the maturation period. Any carcass in which the pH does 
not reach a maximum of 6.0 may be allowed to maturate an additional 24 
hours and be retested, and, if the carcass still does not reach a 
maximum pH of 6.0 after 60 hours, the meat from the carcass may not be 
exported to the United States; and
    (8) All bone, blood clots, and lymphoid tissue have been removed 
from the meat.
    (f) Fresh, chilled, or frozen meat from swine raised and 
slaughtered in regions that are classified as Risk Class R2 for African 
swine fever, hog cholera, and/or swine vesicular disease may be 
imported into the United States provided that the authorized official 
of the exporting country certifies that:
    (1) Each shipment originates from regions that are classified as 
Risk Class RN, R1, or R2 for African swine fever, hog cholera, and/or 
swine vesicular disease in swine;
    (2) The meat has not been in contact with meat from regions that 
are classified as Risk Class R3, R4 or RU for African swine fever, hog 
cholera, and/or swine vesicular disease;
    (3) The meat originates from premises where African swine fever, 
hog cholera, and/or swine vesicular disease has not been present during 
the lifetime of swine slaughtered for export;
    (4) The meat originates from premises located in regions where 
African swine fever, hog cholera, and/or swine vesicular disease has 
not been diagnosed within the previous 12 months;
    (5) The meat originates from premises on which ruminants or swine 
have not been vaccinated with modified or attenuated live viruses for 
foot-and-mouth disease at any time during the lifetime of any of the 
swine slaughtered for export;
    (6) The meat originates from swine that have not been vaccinated 
for rinderpest, African swine fever, hog cholera or swine vesicular 
disease at any time during the lifetime of any of the swine slaughtered 
for export; and
    (7) All bone, blood clots, and lymphoid tissue have been removed 
from the meat.
    (g) Fresh, chilled, or frozen meat from ruminants or swine raised 
and slaughtered in regions that are classified as Risk Class R3 for 
foot-and-mouth disease and/or rinderpest may be imported into the 
United States, provided the authorized official of the exporting 
country certifies that:
    (1) Each shipment originates from a region that is classified as 
Risk Class RN, R1, R2 or R3 for foot-and-mouth disease and/or 
rinderpest in ruminants or swine;
    (2) The meat has not been in contact with meat from regions that 
are classified as Risk Class R4 or RU for foot-and-mouth disease and/or 
rinderpest;
    (3) The meat originates from premises where foot-and-mouth disease 
and rinderpest have not been present during the lifetime of any 
ruminants or swine slaughtered for export;
    (4) The meat originates from premises where foot-and-mouth disease 
and/or rinderpest has not been diagnosed within 15 statute miles (25 
kilometers) within the previous 12 months;
    (5) The meat originates from premises on which ruminants or swine 
have not been vaccinated with modified or attenuated live viruses for 
foot-and-mouth disease at any time during the lifetime of any of the 
ruminants or swine slaughtered for export;
    (6) The meat originates from ruminants or swine that have not been 
vaccinated for rinderpest, African swine fever, hog cholera or swine 
vesicular disease at any time during the lifetime of any of the 
ruminants or swine slaughtered for export;
    (7) The meat comes from carcasses that have been allowed to 
maturate at 40 to 50  deg.F (4 to 10  deg.C) for a minimum of 36 hours 
after slaughter and that have reached a maximum pH of 6.0 in the loin 
muscle at the end of the maturation period. Any carcasses in which the 
pH did not reach a maximum of 6.0 may be allowed to maturate an 
additional 24 hours and be retested, and if the carcass still does not 
reach a maximum pH of 6.0 after 60 hours, the meat from the carcass may 
not be exported to the United States;
    (8) The meat has all bone, blood clots, and lymphoid tissue 
removed; and
    (9) The meat was held at no more than 40  deg.F (4  deg.C) for a 
minimum of 14 days before export, during which time the premises of 
origin of all animals in the shipment remained free of foot-and-mouth 
disease, rinderpest, African swine fever, hog cholera, and swine 
vesicular disease.
    (h) Fresh, chilled, or frozen meat from cattle from regions that 
are classified as Risk Class R2 or R3 for bovine spongiform 
encephalopathy may be imported into the United States provided the 
authorized official of the exporting country certifies that:
    (1) Each shipment originates from a region that is classified as 
Risk Class RN, R1, R2, or R3 for bovine spongiform encephalopathy;
    (2) The meat has not been in contact with meat from regions that 
are classified as Risk Class R4 or RU for bovine spongiform 
encephalopathy;
    (3) The meat originates from premises where, for at least 10 years, 
bovine spongiform encephalopathy has not been known to be present;
    (4) The meat originates from premises where protein of ruminant 
origin has not been fed to ruminants during the lifetime of any animals 
currently living on the premise;
    (5) The meat is from cattle that have not been in any region that 
is classified as Risk Class R3, R4, or RU for bovine spongiform 
encephalopathy during any period of time when the region permitted the 
use of ruminant protein in ruminant feed; and
    (6) The cattle were examined prior to slaughter by a veterinarian 
employed by the national government of the country in which the 
ruminants were slaughtered, and were found not to display any signs 
indicative of a neurological disorder.
    (i) Fresh, chilled or frozen meat derived from animals in the 
family Cervidae (cervids) from regions that are classified as Risk 
Class R2, R3, or R4 for bovine spongiform encephalopathy may be 
imported into the United States, provided the authorized official of 
the exporting country certifies that:
    (1) The meat was derived either from wild cervidae, or from farm-
raised cervidae that have never been fed ruminant protein;
    (2) All bones and visually identifiable lymphatic tissue and nerve 
tissue have been removed from the meat;
    (3) The meat is from cervidae that have not been in any region that 
is classified as Risk Class R3, R4, or RU for bovine spongiform 
encephalopathy, during a period of time when the region permitted the 
use of ruminant protein in ruminant feed; and
    (4) The cervidae were examined prior to slaughter by a veterinarian 
employed by the national government of the

[[Page 17084]]

country in which the ruminants were slaughtered, and were found not to 
display any signs indicative of a neurological disorder.


Sec. 94.2  Additional conditions for importation of fresh, chilled, or 
frozen meat from ruminants and swine.

    All fresh, chilled, or frozen meat permitted to be imported may be 
imported into the United States only under the conditions of Sec. 94.1 
and the following conditions:
    (a) The meat is accompanied by the foreign meat inspection 
certificate required by Sec. 327.4 of this title and, upon arrival of 
the meat in the United States, the foreign meat inspection certificate 
is presented to an authorized inspector at the port of arrival;
    (b) The meat is placed in the transporting means of conveyance in a 
hold or compartment, or, if the meat is containerized, in a container, 
that was sealed in the region of origin by an official of the country 
of origin with serially numbered seals approved by the Administrator of 
APHIS, so as to prevent contact of the meat with any other cargo, 
handling of the meat after the hold, compartment, or container is 
sealed, and the loading of any cargo into and the removal of any cargo 
from the sealed hold, compartment, or container en route to the United 
States;
    (c) If any foreign official breaks a seal applied in the region of 
origin in order to inspect the meat, he or she must then reseal the 
hold, compartment, or container with a new serially numbered seal; and, 
if any member of a ship's crew breaks a seal, the serial number of the 
seal, the location of the seal, and the reason for breaking the seal 
must be recorded in the ship's log;
    (d) The serial numbers of the seals used to seal the hold, 
compartment, or container must be recorded on the foreign meat 
inspection certificate that must accompany the meat;
    (e) Upon arrival of the means of conveyance in the United States 
port of arrival, the seals are found by an APHIS representative to be 
intact, and the representative finds that there is no evidence 
indicating that any seal has been tampered with; Provided that, if the 
representative finds that any seal has been broken or has a different 
number than is recorded on the foreign meat inspection certificate, 
then the meat may remain eligible for entry into the United States only 
if APHIS personnel are available to inspect the hold, compartment, or 
container, the packages of meat, and all accompanying documentation; 
and the importer furnishes additional documentation (either copies of 
pages from the ship's log signed by the officer-in-charge, or 
certification from a foreign government that the original seal was 
removed and the new seal was applied by officials of that government) 
that demonstrates to the satisfaction of the Administrator that the 
meat was not contaminated or exposed to contamination during movement 
from the region of origin to the United States; and
    (f) The meat is found by an authorized inspector to be as 
represented on the foreign meat inspection certificate.


Sec. 94.3  Fresh, chilled, or frozen products (other than meat) and 
milk and milk products of ruminants and swine.

    (a) The importation of fresh, chilled, or frozen products (other 
than meat, and milk and milk products) derived from ruminants or swine, 
originating in, shipped from, or transiting any region that is 
classified as Risk Class R3, R4 or RU for rinderpest or foot-and-mouth 
disease is prohibited, except as provided in Sec. 94.4 and parts 95 and 
96 of this chapter.
    (b) The importation of milk and milk products of ruminants and 
swine originating in, shipped from, or transiting any region that is 
classified as Risk Class R3, R4 or RU for rinderpest, foot-and-mouth 
disease, or Brucella melitensis is prohibited, except as provided in 
Sec. 94.10.


Sec. 94.4  Organs, glands, extracts, or secretions of ruminants or 
swine.

    The importation of fresh, chilled, or frozen organs, glands, 
extracts, or secretions derived from ruminants or swine, from any 
region of origin classified as Risk Class R3, R4 or RU regions for 
foot-and-mouth disease, rinderpest, African swine fever, hog cholera, 
swine vesicular disease, bovine spongiform encephalopathy, or Brucella 
melitensis is prohibited, except for pharmaceutical or biological 
purposes under conditions prescribed by the Administrator in each 
instance.


Sec. 94.5  Importation of cured or cooked meat of ruminants or swine 
into the United States from regions classified as Risk Class R3, R4 or 
RU for foot-and-mouth disease, rinderpest, African swine fever, swine 
vesicular disease, and/or hog cholera.

    (a) Cured meats derived from ruminants or swine, except dry-cured 
pork,1 or cooked meat 2 may be imported into the United 
States from regions or origin that are classified as Risk Class R3, R4 
or RU for foot-and-mouth disease, rinderpest, African swine fever, 
swine vesicular disease, and/or hog cholera only under the following 
conditions and the applicable conditions of paragraph (b), (c), (e), 
(f), (h), or (i) of this section:
---------------------------------------------------------------------------

    \1\ See Sec. 94.11 for importation requirements regarding dry-
cured pork products.
    \2\ This does not include any meat that has been sterilized by 
heat in hermetically sealed containers.
---------------------------------------------------------------------------

    (1) All cured or cooked meat and meat products prepared under this 
section must be prepared in an inspected establishment that is eligible 
to have its products imported into the United States under the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.) and Sec. 327.2 of this 
title. A foreign meat inspection certificate required by Sec. 327.4 of 
this title shall be issued by an official of the national government of 
the country of origin who is authorized to issue the certificate, who 
further certifies on the same foreign meat inspection certificate that 
the conditions of this section have been fulfilled; and
    (2) Upon arrival of the cured or cooked meat or meat products in 
the United States, the accompanying foreign meat inspection certificate 
must be presented to an authorized inspector at the port of arrival.
    (b) The importation of cured meats derived from ruminants or swine 
from any region of origin that is classified as Risk Class R3, R4, or 
RU for foot-and-mouth disease or rinderpest is prohibited, unless the 
requirements of paragraph (a) of this section and the following 
conditions have been met: 3
---------------------------------------------------------------------------

    \3\ See also other provisions of this part (including 
Sec. 94.11) and parts 92, 95, and 96 of this chapter, and part 327 
of this title for other prohibitions and restrictions upon 
importation of swine and swine products.
---------------------------------------------------------------------------

    (1) All bones have been completely removed in the region of origin;
    (2) The meat has been held in an unfrozen, fresh condition for at 
least 3 days immediately following the slaughter of the animals from 
which it was derived;
    (3) The meat has been thoroughly cured and fully dried in such a 
manner that it may be stored and handled without refrigeration, as in 
the case of salami and other summer sausages, tasajo, xarque, or jerked 
beef, bouillon cubes, dried beef, and Westphalia, Italian and similar 
type hams. The term ``fully dried'' as used in this paragraph (b)(3) 
means dried to the extent that the water-protein ratio in the wettest 
portion of the product does not exceed 2.25 to 1; and
    (4) Laboratory analysis of samples to determine the water-protein 
ratios will not be made in the case of all shipments of cured and dried 
meats. However, in any case in which the inspector is uncertain whether 
the meat complies with the requirements of paragraph (b)(3) of this 
section, he or she will send a sample of the meat representative of the 
wettest portion to the Meat

[[Page 17085]]

Inspection Division for analysis of the water-protein ratio. Pending 
such analysis, the meat shall not be released or removed from the port 
of arrival.
    (c) The importation of cooked meat from ruminants or swine 
originating in any region classified as Risk Class R3, R4, or RU for 
foot-and-mouth disease or rinderpest is prohibited unless the 
requirements of paragraph (a) of this section and the following 
conditions have been met:
    (1) The cooked meat is boneless and has been thoroughly cooked;
    (2) The cooked meat has been prepared in an establishment that is 
eligible to have its products imported into the United States under the 
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the regulations 
in Sec. 327.2 of this title; that meets all other applicable 
requirements of the Federal Meat Inspection Act and regulations 
thereunder (9 CFR Chapter III); and that has been approved by the 
Administrator in accordance with paragraph (d) of this section;
    (3) Canned product (canned meat), as defined in Sec. 318.300(d) of 
this title, is exempt from the requirements in this section;
    (4) Ground meat cooked in an oven. The ground meat must be shaped 
into patties no larger than 5 inches in diameter and 1-inch thick. Each 
patty must weigh no more than 115 grams, with fat content no greater 
than 30 percent. These patties must be broiled at 210  deg.C (410 
deg.F) for at least 133 seconds, then cooked in moist heat (steam heat) 
in a continuous, belt-fed oven for not less than 20 minutes, to yield 
an internal exit temperature of at least 99.7  deg.C, (211.5  deg.F) as 
measured by temperature indicator devices (TID's) placed in temperature 
monitor patties positioned, before the belt starts moving through the 
oven, on each of the predetermined cold spots along the oven belt. 
TID's approved by the Administrator as activating at the appropriate 
temperature must be placed on the front, last, and predetermined 
interior rows on the belt at the beginning of each processing run;
    (5) Meat cooked in plastic. The ground meat, cubes of meat, slices 
of meat, or anatomical cuts of meat (cuts taken from the skeletal 
muscle tissue) must weigh no more than 5 kilograms, and must be loaded 
into a flexible cooking tube constructed of plastic film or other 
material approved by the Food Safety and Inspection Service, U.S. 
Department of Agriculture. The meat must be cooked in boiling water or 
in a steam-fed oven to reach a minimum internal temperature of 79.4 
deg.C at the cold spot after cooking for at least 1.75 hours. 
Thoroughness of cooking must be determined by the TID registering at 
least 79.4  deg.C at the cold spot, or by the pink juice test, as 
follows:
    (i) Cubes of meat. At least 50 percent of meat pieces per tube must 
be 3.8 centimeters or larger in each dimension after cooking or, if 
more than 50 percent of meat pieces per tube are smaller than 3.8 
centimeters in any dimension after cooking and no TID is being used, an 
indicator piece of sufficient size for a pink juice test to be 
performed (3.8 centimeters or larger in each dimension after cooking) 
must have been placed at the cold spot of the tube.
    (ii) Slices of meat. At least 50 percent of the slices of meat must 
be 3.8 centimeters or larger in each dimension after cooking or, if 
more than 50 percent of meat pieces are smaller than 3.8 centimeters in 
any dimension after cooking, and no TID is being used, an indicator 
piece of sufficient size for a pink juice test to be performed (3.8 
centimeters or larger in each dimension after cooking) must be placed 
at the cold spot of the tube.
    (iii) Anatomical cuts of meat. An indicator piece removed from an 
anatomical cut of meat after cooking must be removed from the center of 
the cut, farthest from all exterior points and must be 3.8 centimeters 
or larger in each dimension for performance of the pink juice test;
    (6) Any TID used in accordance with Sec. 94.5 (c)(4) or (c)(5) must 
remain in the meat, as originally inserted, and must accompany the 
cooked meat whose temperature it has gauged when that meat is shipped 
to the United States; and
    (7) The cooked meat must be inspected by an FSIS inspector at a 
port of arrival in a defrost facility approved by the Administrator 
4 and the meat must be found to be thoroughly cooked.
---------------------------------------------------------------------------

    \4\ The names and addresses of approved defrost facilities and 
conditions for approval may be obtained from the National Center for 
Import and Export, 4700 River Road Unit 39, Riverdale, MD 20737-
1231.
---------------------------------------------------------------------------

    (i) Request for approval of any defrost facility must be made to 
the Administrator. The Administrator will approve a defrost facility 
only under the following conditions:
    (A) The defrost facility must have equipment and procedures that 
permit FSIS inspectors to determine whether meat is thoroughly cooked;
    (B) The defrost facility must be located at a port of arrival; and
    (C) The defrost facility must be approved by FSIS.5
---------------------------------------------------------------------------

    \5\ Conditions for the approval of any defrost facility by the 
Food Safety and Inspection Service, United States Department of 
Agriculture, may be obtained from the Import Inspection Division, 
International Programs, Food Safety and Inspection Service, United 
States Department of Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------

    (ii) The Administrator may deny approval of any defrost facility if 
the Administrator determines that the defrost facility does not meet 
the conditions for approval. If approval is denied, the operator of the 
defrost facility will be informed of the reasons for denial and be 
given an opportunity to respond. The operator will be afforded an 
opportunity for a hearing with respect to any disputed issues of fact. 
The hearing will be conducted in accordance with rules of practice that 
will be adopted for the proceeding.
    (iii) The Administrator may withdraw approval of any defrost 
facility as follows:
    (A) When the operator of the defrost facility notifies the 
Administrator in writing that the defrost facility no longer performs 
the required services; or
    (B) When the Administrator determines that the defrost facility 
does not meet the conditions for approval. Before the Administrator 
withdraws approval from any defrost facility, the operator of the 
defrost facility will be informed of the reasons for the proposed 
withdrawal and given an opportunity to respond. The operator will be 
afforded a hearing with respect to any disputed issues of fact. The 
hearing will be conducted in accordance with rules of practice that 
will be adopted for the proceeding. If approval of a defrost facility 
is withdrawn, the Administrator will remove its name from the list of 
approved defrost facilities.
    (d) Meat processing establishment; standards. (1) Before the 
Administrator will approve a meat processing establishment for export 
shipment of cooked meat to the United States, the Administrator must 
determine:
    (i) That the meat processing establishment has furnished APHIS with 
a description of the process used to inactivate rinderpest or foot-and-
mouth disease virus that may be present in meat intended for export to 
the United States, and with blueprints of the facilities where this 
meat is cooked and packaged;
    (ii) That an APHIS representative has inspected the establishment 
and found that it meets the standards set forth in paragraph (d)(2) of 
this section;
    (iii) That the operator of the establishment has signed a 
cooperative service agreement with APHIS, stating:
    (A) That all cooked meat processed for importation into the United 
States will be processed in accordance with the requirements of this 
part;

[[Page 17086]]

    (B) That a full-time, salaried meat inspection official of the 
National Government of the exporting country will supervise the 
processing (including certification of the cold spot) and examination 
of the product, and certify that it has been processed in accordance 
with this section; and
    (C) That APHIS personnel or other persons authorized by the 
Administrator may enter the establishment, unannounced, and will be 
given full access to inspect the establishment and its records; and
    (iv) That the operator of the establishment has entered into a 
trust fund agreement with APHIS and is current in paying all costs for 
an APHIS representative to inspect the establishment for initial 
evaluation, and periodically thereafter, including travel, salary, 
subsistence, administrative overhead, and other incidental expenses 
(including an excess baggage provision up to 150 pounds). In accordance 
with the terms of the trust fund agreement, before the APHIS 
representative's site inspection, the operator of the processing 
establishment must deposit with the Administrator an amount equal to 
the approximate cost of one inspection by an APHIS representative, 
including travel, salary, subsistence, administrative overhead, and 
other incidental expenses (including an excess baggage provision up to 
150 pounds). As funds from that amount are obligated, a bill for costs 
incurred based on official accounting records will be issued to restore 
the deposit to the original level, revised as necessary to allow for 
inflation or other changes in estimated costs. To be current, bills 
must be paid within 14 days of receipt.
    (2) Establishment. An APHIS representative will conduct an on-site 
evaluation, and subsequent inspections, as provided in Sec. 94.5(d)(1), 
to determine whether the following conditions are met:
    (i) The facilities used for processing cooked meat in the meat 
processing establishment are separate from the facilities used for 
processing raw meat (precooking, boning, preparation, and curing), with 
only the through-the-wall cooking system through which the meat product 
is delivered at the end of the cooking cycle connecting them; and there 
is at all times a positive air flow from the cooked to the raw product 
side;
    (ii) The cooking equipment has the capacity to cook all meat pieces 
in accordance with Sec. 94.5(c)(4) or (c)(5);
    (iii) Workers who process cooked meat are at all times kept 
separate from workers who process raw meat, and have for their 
exclusive use: A separate entrance, dining area, toilets, lavatories 
with cold and hot water, soap, disinfectants, paper towels, clothes 
hampers and waste baskets for disposal, and changing rooms stocked with 
the clean clothing and rubber boots into which all persons must change 
upon entering the establishment. Workers and all other persons entering 
the establishment must wash their hands and change into the clean 
clothing and boots provided in the changing rooms before entering the 
cooking facilities, and must leave this clothing for laundering and 
disinfecting before exiting from the establishment, regardless of the 
amount of time spent inside or away from the establishment; and
    (iv) Original records identifying the slaughtering facility from 
which the meat was obtained and the date the meat entered the meat 
processing establishment, and original certification (including 
temperature recording charts and graphs), must be kept for all cooked 
meat by the full-time salaried meat inspection official of the National 
Government of the exporting country assigned to the establishment, and 
must be retained for 2 years.
    (e) Importation of cured meats derived from swine from any region 
of origin that is classified as Risk Class R3, R4, or RU for hog 
cholera is prohibited, unless the requirements of paragraph (a) of this 
section and the following conditions have been met and are certified to 
by the authorized official of the exporting country on the foreign meat 
inspection certificate: 6
---------------------------------------------------------------------------

    \6\ The certification required may be placed on the foreign meat 
inspection certificate prescribed by Sec. 327.4 of this title, or 
may be contained in a separate document.
---------------------------------------------------------------------------

    (1) All bones have been completely removed in the region of origin;
    (2) The meat has been held in an unfrozen, fresh condition for at 
least 3 days immediately following the slaughter of the animals from 
which it was derived; and
    (3) The meat has been thoroughly cured and fully dried for a period 
of not less than 90 days so that the product is shelf stable without 
refrigeration: Provided, That the period of curing and drying may be 45 
days if the pork or pork product is accompanied to the processing 
establishment by a certificate of an official of the national 
government of a Risk Class RN, R1, or R2 region that specifies that:
    (i) The pork involved originated in a region that is classified as 
Risk Class RN, R1, or R2, and the pork or pork product was consigned to 
a processing establishment in ____________ (name of a region classified 
as Risk Class R3, R4, or RU for hog cholera), in a closed container 
sealed by the national veterinary authorities of the region classified 
as Risk Class RN, R1, or R2 for hog cholera by seals of a serially 
numbered type approved by the Administrator; and
    (ii) The numbers of the seals used were entered on the meat 
inspection certificate of the region that is classified as Risk Class 
RN, R1, or R2 for hog cholera that accompanied the shipment from such 
region: And, provided further, that the certification 7 required 
by paragraph (e) of this section also states that: The container seals 
specified in paragraph (e)(3)(i) of this section were found intact and 
free of any evidence of tampering, by a national veterinary inspector 
upon arrival at the processing establishment; and the processing 
establishment from which the pork or pork product is shipped to the 
United States does not receive or process any live swine; and uses only 
pork or pork products that originate in regions that are classified as 
Risk Class RN, R1 or R2 for hog cholera; and processes all such pork or 
pork products in accordance with this section.
---------------------------------------------------------------------------

    \7\ See footnote 6 in Sec. 94.5(e).
---------------------------------------------------------------------------

    (f) Importation of cured meats derived from swine from any region 
of origin that is classified as Risk Class R3, R4, or RU for swine 
vesicular disease is prohibited, unless the requirements of paragraph 
(a) of this section and the following conditions have been met and are 
certified to by the authorized official of the exporting country on the 
foreign meat inspection certificate: 8
---------------------------------------------------------------------------

    \8\ See footnote 6 Sec. 94.5(e).
---------------------------------------------------------------------------

    (1) All bones have been completely removed in the region of origin; 
and
    (2) Such pork or pork products either are 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,9 for heating to an internal temperature of 166 
deg.F (74.4  deg.C); or
---------------------------------------------------------------------------

    \9\ The names and addresses of approved establishments may be 
obtained from, and request for approval of any establishment may be 
made to the National Center for Import and Export, Veterinary 
Services, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231. 
Establishments will be approved only if the Administrator determines 
that the imported articles will be so handled at the establishments 
as to prevent the introduction and dissemination of livestock or 
poultry diseases into the United States. Approval of any 
establishment may be refused, suspended, or withdrawn only after the 
operator thereof has been given notice of the proposed action and 
has had an opportunity to present his or her views thereon, in 
accordance with rules of practice adopted by the Administrator.
---------------------------------------------------------------------------

    (3) Such pork or pork product, if it is from a region of origin 
designated as a Risk Class RN, R1, or R2 for swine

[[Page 17087]]

vesicular disease has been cured and dried and is in compliance with 
the following requirements:
    (i) Such pork or pork product is accompanied from the Risk Class 
RN, R1 or R2 region of origin to the Risk Class R3, R4 or RU region by 
a certificate signed by an official of the National Government of the 
Risk Class RN, R1 or R2 region of origin specifying that the pork or 
pork product involved originated in that region and that the pork or 
pork product was consigned to a processing establishment in 
(____________) (name of a region listed as a Risk Class R3, R4 or RU 
region for swine vesicular disease), in a closed container sealed by 
the national veterinary authorities of the Risk Class RN, R1, or R2 
region of origin by seals of a serially numbered type approved by the 
Administrator. The numbers of these seals must be entered on this 
certificate; and
    (ii) The certification required by paragraph (f)(3)(i) of this 
section must also state that:
    (A) The container seals were found intact and free of any evidence 
of tampering upon arrival at the processing establishment in the Risk 
Class R3, R4 or RU region, by a national veterinary inspector of the 
country in which the region is located;
    (B) The processing establishment from which the pork or pork 
product was shipped to the United States does not receive or process 
any live swine, and uses only pork or pork products that are from 
regions of origin that are classified as Risk Class RN, R1, or R2 for 
swine vesicular disease; and
    (C) Such establishment processes all such pork or pork products in 
accordance with this section.
    (g) Small amounts of pork or pork products subject to the 
restrictions of this section, may, in specific cases, be imported for 
purposes of examination, testing, or analysis, if the importer applies 
for and receives written approval for such importation from the 
Administrator, authorizing such importation. Approval will be granted 
only when the Administrator determines that the articles have been 
processed by heat in a manner so that such importation will not 
endanger the livestock of the United States.
    (h) Importation of cooked meat from swine from any region of origin 
that is classified as Risk Class R3, R4, or RU for hog cholera and/or 
swine vesicular disease is prohibited unless the requirements of 
paragraph (a) of this section and the following conditions have been 
met and are certified to by the authorized official of the exporting 
country on the foreign meat inspection certificate 10:
---------------------------------------------------------------------------

    \10\ See footnote 6 in Sec. 94.5(e).
---------------------------------------------------------------------------

    (1) Such pork and pork product has been fully cooked by a 
commercial method in a container hermetically sealed promptly after 
filling but before such cooking, so that such cooking and sealing 
produced a fully sterilized product that is shelf-stable without 
refrigeration; or
    (2) Such pork or pork product is in compliance with the following 
requirements:
    (i) All bones have been completely removed in the region of origin; 
and
    (ii) Such pork or pork product has received heat treatment in a 
commercially accepted manner used for perishable canned pork products 
that produces an internal temperature of 156 deg. F.
    (i) Importation of cooked meat from swine originating in any region 
that is classified as Risk Class R3, R4, or RU for African swine fever 
is prohibited, unless the requirements of paragraph (a) of this section 
and the following conditions have been met and are certified to by the 
authorized official of the exporting country on the foreign meat 
inspection certificate:
    (1) Such pork or pork product has been fully cooked by a commercial 
method in a container hermetically sealed promptly after filling but 
before such cooking, so that such cooking and sealing produced a fully-
sterilized product that is shelf-stable without refrigeration; or
    (2) Such pork or pork product is not otherwise prohibited 
importation under this part and is consigned directly from the port of 
arrival in the United States to a meat processing establishment 
operating under Federal meat inspection, and approved by the 
Administrator, for further processing of such pork or pork product by 
heat; or
    (3) Such pork or pork product meets the following conditions:
    (i) It was derived from pork or pork products that originated from 
swine raised and slaughtered in a region that is classified as Risk 
Class RN, R1 or R2 for African swine fever, which were handled in the 
following manner:
    (A) The swine were shipped from the region of origin to a 
processing establishment 11 in region that is classified as Risk 
Class RN, R1 or R2 for African swine fever, and were shipped in a 
closed container sealed with serially numbered seals applied by an 
official of the national government of the country of origin;
---------------------------------------------------------------------------

    \11\ As a condition of entry into the United States, pork or 
pork products must also meet all of the requirements of the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.) and regulations 
thereunder (9 CFR part 301), including requirements that the pork or 
pork products be prepared only in approved establishments.
---------------------------------------------------------------------------

    (B) The swine were accompanied from the foreign region of origin to 
such processing establishment by a certificate signed by an official of 
the national government of the country of origin specifying the region 
of origin, the processing establishment to which the pork was 
consigned, and the numbers of the seals applied;
    (C) The swine were taken out of the container at such processing 
establishment only after an official of the national government of the 
country where such processing establishment is located determined that 
the seals were intact and free of any evidence of tampering, and had so 
stated by the certification referred to in paragraph (i)(3)(i)(B) of 
this section;
    (D) All bones were completely removed from the pork or pork 
product;
    (E) The pork or pork product was heated by other than a flash-
heating method at the foreign processing establishment referred to in 
paragraph (i)(3)(i)(A) of this section, to an internal temperature of 
at least 69 deg. C. (156 deg. F.) throughout (this must have occurred 
after the bones had been removed); and
    (F) The processing establishment referred to in paragraph 
(i)(3)(i)(A) of this section:
    (1) Does not receive or process any live swine, uses only pork or 
pork products that originate in regions that are classified as Risk 
Class RN, R1 or R2 for African swine fever, and processes pork or pork 
products only in accordance with paragraphs (i)(3)(i) and (i)(3)(ii) of 
this section;
    (2) Is operated by persons who have entered into a valid written 
compliance agreement with APHIS whereby such persons have agreed to 
maintain on file at the establishment for at least 2 years copies of 
the certifications referred to in paragraph (i)(3)(i)(B) of this 
section, and to allow APHIS personnel to make unannounced inspections 
as necessary to monitor compliance with the provisions of this section, 
and have agreed to otherwise comply with the provisions of this 
section; and
    (3) Is operated by persons who have entered into a trust fund 
agreement executed by such persons and APHIS; pursuant to the trust 
fund agreement the establishment is current in paying the cost for 
APHIS personnel to inspect the establishment (it is anticipated that 
such inspections will occur once per year), including travel, salary, 
subsistence, administrative overhead, and other incidental expenses 
(including excess baggage provisions up to 150 pounds);

[[Page 17088]]

and, in addition, the establishment has on deposit with APHIS, an 
unobligated amount equal to the cost for APHIS personnel to conduct one 
inspection; and
    (ii) The pork or pork product was processed at only one processing 
establishment in a region classified as Risk Class R3, R4, or RU.


Sec. 94.6  Regulation of certain garbage.

    (a) Garbage. For purposes of this section, garbage means all waste 
material derived in whole or in part from fruits, vegetables, meats, or 
other plant or animal (including poultry) material, and other refuse of 
any character whatsoever that has been associated with any such 
material on board any means of conveyance, and including food scraps, 
table refuse, galley refuse, food wrappers or packaging materials, and 
other waste material from stores, food preparation areas, passengers' 
or crews' quarters, dining rooms, or any other areas on the means of 
conveyance. For purposes of this subpart, garbage also means meals and 
other food that were available for consumption by passengers and crew 
on an aircraft but were not consumed. Not all garbage is regulated for 
the purposes of this section. Garbage regulated for the purposes of 
this section is defined as ``regulated garbage'' in paragraphs (b), 
(c), and (d) of this section.
    (b) Garbage regulated because of movements outside the United 
States or Canada. For purposes of this section, garbage on or removed 
from a means of conveyance is regulated garbage, if, when the garbage 
is on or removed from the means of conveyance, the means of conveyance 
has been in any port or area outside the United States and Canada 
within the previous 2-year period. There are, however, two exceptions 
to this provision. These exceptions are as follows:
    (1) Exception 1. Garbage on or removed from a means of conveyance 
other than an aircraft is exempt from requirements under paragraph (b) 
of this section if the following conditions are met when the garbage is 
on or removed from the means of conveyance:
    (i) The means of conveyance is accompanied by a certificate from an 
APHIS inspector stating the following:
    (A) That the means of conveyance had first been cleared of all 
garbage and of the following: All meats and meat products, whatever the 
region of origin, except meats that are shelf-stable; all fresh and 
condensed milk and cream from regions classified as Risk Class R3, R4, 
or RU for foot-and-mouth-disease; all fresh fruits and vegetables; and 
all eggs; and the items cleared from the means of conveyance as 
prescribed by this paragraph (b)(1)(i)(A) have been disposed of 
according to the procedures for disposing of regulated garbage, as 
specified in paragraph (f)(1) of this section.
    (B) That the means of conveyance had been cleaned and disinfected 
in the presence of the inspector; and
    (ii) Since being cleaned and disinfected, the means of conveyance 
has not been in a country other than the United States or Canada.
    (2) Exception 2. Garbage on or removed from an aircraft is exempt 
from requirements under paragraph (b) of this section if the following 
two conditions are met:
    (i) The aircraft had been cleared of all garbage and all stores; 
and the items cleared from the aircraft as prescribed by this paragraph 
(b)(2)(i) have been disposed of according to the procedures for 
disposing of regulated garbage, as specified in paragraph (f)(1) of 
this section.
    (ii) After the garbage and stores referred to in paragraph 
(b)(2)(i) of this section were removed, the aircraft has not been in a 
country other than the United States or Canada.
    (c) Garbage regulated because of certain movements to or from 
Hawaii, territories, or possessions. For purposes of this section, 
garbage on or removed from a means of conveyance is regulated garbage, 
if the means of conveyance has moved during the previous one-year 
period, either directly or indirectly, to the continental United States 
from any territory or possession or from Hawaii; to any territory or 
possession from any other territory or possession or from Hawaii; or to 
Hawaii from any territory or possession. There are, however, two 
exceptions to this provision. These exceptions are as follows:
    (1) Exception 1. Garbage on or removed from a means of conveyance 
other than an aircraft is exempt from requirements under paragraph (c) 
of this section if the following two conditions are met when the 
garbage is on or removed from the means of conveyance:
    (i) The means of conveyance is accompanied by a certificate from an 
APHIS inspector, stating that the means of conveyance has been cleared 
of all garbage and all fresh fruits and vegetables; and the items 
cleared from the means of conveyance as prescribed by this paragraph 
(c)(1)(i) have been disposed of according to the procedures for 
disposing of regulated garbage, as specified in paragraph (f)(1) of 
this section; and
    (ii) After being cleared of the garbage and stores referred to in 
paragraph (c)(1)(i) of this section, the means of conveyance has not 
moved to the continental United States from any territory or possession 
or from Hawaii; to any territory or possession from any other territory 
or possession or from Hawaii; or to Hawaii from any territory or 
possession.
    (2) Exception 2. Garbage on or removed from an aircraft is exempt 
from requirements under paragraph (c) of this section if the following 
two conditions are met when the garbage is on or removed from the means 
of conveyance:
    (i) The aircraft had been cleared of all garbage and all fresh 
fruits and vegetables; and the items cleared from the aircraft as 
prescribed by this paragraph (c)(2)(ii) have been disposed of according 
to the procedures for disposing of regulated garbage, as specified in 
paragraph (f)(1) of this section; and
    (ii) After the garbage and stores referred to in paragraph 
(c)(2)(i) of this section were removed, the aircraft has not moved to 
the continental United States from any territory or possession or from 
Hawaii; to any territory or possession from any other territory or 
possession or from Hawaii; or to Hawaii from any territory or 
possession.
    (d) Garbage that is commingled with regulated garbage is also 
regulated garbage.
    (e) Restrictions on regulated garbage. (1) Regulated garbage may 
not be on or removed from a means of conveyance, or be disposed of, 
unless in accordance with the provisions of this part.
    (2) Regulated garbage is subject to general surveillance for 
compliance with this section by APHIS inspectors, and to such disposal 
measures as authorized by section 105 of the Federal Plant Pest Act (7 
U.S.C. 150dd), section 10 of the Plant Quarantine Act of 1912, as 
amended (7 U.S.C. 164a), section 2 of the Act of February 2, 1903, as 
amended (21 U.S.C. 111), and section 306 of the Act of July 17, 1930, 
as amended (19 U.S.C. 1306), to prevent the dissemination of plant 
pests and livestock or poultry diseases.
    (f)(1) All regulated garbage must be contained in tight, leak-proof 
covered receptacles during storage on board a means of conveyance while 
in the territorial waters, or while otherwise within the territory of 
the United States. All such receptacles must be contained inside the 
guard rail if on a watercraft. Such regulated garbage shall not be 
unloaded from such means of conveyance in the United States unless such 
regulated garbage is removed in tight, leak-proof receptacles under the 
direction of an APHIS inspector to an approved facility for 
incineration, sterilization, or grinding into an

[[Page 17089]]

approved sewage system, under supervision by such an inspector, or such 
regulated garbage is removed for other handling in such manner and 
under such supervision as may, upon request in specific cases, be 
approved by the Administrator as complying with the applicable laws for 
environmental protection and as adequate to prevent the dissemination 
into or within the United States of plant pests and livestock or 
poultry diseases.
    (2) Application for approval of a facility or sewage system may be 
made in writing by the authorized representative of any carrier or by 
the official having jurisdiction over the port or place of arrival of 
the means of conveyance, to the Administrator, Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250. The application must be endorsed by the operator of the facility 
or sewage system. Approval will be granted if the Administrator 
determines that the requirements set forth in this section are met. 
Approval may be denied or withdrawn at any time, if the Administrator 
determines that such requirements are not met, after notice of the 
proposed denial or withdrawal of the approval and the reasons therefor, 
and an opportunity to demonstrate or achieve compliance with such 
requirements, has been afforded to the operator of the facility or 
sewage system and to the applicant for approval. However, approval may 
also be withdrawn without such prior procedure in any case in which the 
public health, interest or safety requires immediate action, and in 
such case, the operator of the facility or sewage system and the 
applicant for approval shall promptly thereafter be given notice of the 
withdrawal and the reasons therefor and an opportunity to show cause 
why the approval should be reinstated.
    (g) APHIS will cooperate with other Federal, State, and local 
agencies responsible for enforcing other statutes and regulations 
governing disposal of regulated garbage to the end that such disposal 
shall be adequate to prevent the dissemination of plant pests and 
livestock or poultry diseases and comply with applicable laws for 
environmental protection. The inspectors, in maintaining surveillance 
over regulated garbage movements and disposal, shall coordinate their 
activities with the activities of representatives of the Environmental 
Protection Agency and other Federal, State, and local agencies also 
having jurisdiction over such regulated garbage.
    (h) Compliance agreement and cancellation. (1) Any person engaged 
in the business of handling or disposing of regulated garbage must 
first enter into an agreement with APHIS. Compliance agreement forms 
(PPQ Form 519) are available without charge from local USDA, APHIS, 
Plant Protection and Quarantine Offices, which are listed in telephone 
directories.
    (2) A person who enters into a compliance agreement, and employees 
or agents of that person, must comply with the following conditions and 
any supplemental conditions that shall be listed in the compliance 
agreement, as deemed by the Administrator to be necessary to prevent 
the dissemination into or within the United States of plant pests and 
livestock or poultry diseases:
    (i) Comply with the provisions of this section;
    (ii) Allow APHIS inspectors access to all records maintained by the 
person regarding handling or disposal of regulated garbage, and to all 
areas where handling or disposal of regulated garbage occurs;
    (iii) Remove regulated garbage from a means of conveyance only in 
tight, leak-proof receptacles;
    (iv) Move the receptacles of regulated garbage only to a facility 
approved in accordance with paragraph (f)(2) of this section; and
    (v) At the approved facility, dispose of the regulated garbage only 
through incineration, sterilization, grinding into a sewage system 
approved in accordance with paragraph (f)(2) of this section, or in any 
other manner approved by the Administrator and described in the 
compliance agreement.
    (3) Approval for a compliance agreement may be denied at any time 
if the Administrator determines that the requirements set forth in this 
section are not met, after notice of, and the reasons for, the proposed 
denial of the approval, and an opportunity to demonstrate or achieve 
compliance with such requirements, has been afforded to the compliance 
agreement applicant.
    (4) Any compliance agreement may be canceled in writing by the 
Administrator whenever it is found that the person who has entered into 
the compliance agreement has failed to comply with this section. Any 
person whose compliance agreement has been canceled may appeal the 
decision, in writing, within 10 days after receiving written 
notification of the cancellation. The appeal must state all of the 
facts and reasons upon which the person relies to show that the 
compliance agreement was wrongfully canceled. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, 
in writing, stating the reasons for the decision. A hearing will be 
held to resolve any conflicts as to any material fact. Rules of 
practice concerning a hearing will be adopted by the Administrator. 
This administrative remedy must be exhausted before a person can file 
suit in court challenging the cancellation of a compliance agreement.
    (5) Where a compliance agreement is denied or canceled, an APHIS 
inspector may allow the regulated garbage to be unloaded from a means 
of conveyance and disposed of at an approved facility in accordance 
with paragraph (f)(1) of this section.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 94.7  Carcasses, or parts or products of carcasses, and eggs 
(other than hatching eggs) of poultry, game birds, or other birds; 
importations from countries where Exotic Newcastle disease (VVND) or S. 
enteritidis is considered to exist.

    (a) Countries where Exotic Newcastle disease (VVND) is considered 
to exist. (1) Exotic Newcastle disease (VVND) is considered to exist in 
all countries of the world except those listed in paragraph (a)(2) of 
this section.
    (2) The following countries are considered to be free of Exotic 
Newcastle disease (VVND): Australia, Canada, Chile, Denmark, Fiji, 
Finland, Great Britain (England, Scotland, Wales, and the Isle of Man), 
Iceland, New Zealand, Northern Ireland, Norway, Republic of Ireland, 
Sweden, and Switzerland.
    (b) Countries where S. enteritidis, phage-type 4, is considered to 
exist. (1) S. enteritidis, phage-type 4, is considered to exist in all 
countries of the world except those listed in paragraph (b)(2) of this 
section.
    (2) The following countries are considered to be free of S. 
enteritidis, phage-type 4: Canada.
    (c) Carcasses, and parts or products of carcasses, from countries 
where VVND is considered to exist. Carcasses, and parts or products of 
carcasses, of poultry, game birds, or other birds may be imported only 
in accordance with this section if they: are of poultry, game birds, or 
other birds that were raised or slaughtered in any country where VVND 
is considered to exist (see paragraph (a) of this section); are 
imported from any country where VVND is considered to exist; or are 
moved into or through any country where VVND is considered to exist at 
any time before importation or during shipment to the United States.
    (1) Carcasses of game birds may be imported if eviscerated, with 
heads and feet removed. Viscera, heads, and feet removed from game 
birds are ineligible for entry into the United States.

[[Page 17090]]

    (2) Carcasses, or parts or products of carcasses, of poultry, game 
birds, and other birds may be imported for consignment to any museum, 
educational institution or other establishment that has provided the 
Administrator with evidence that it has the equipment, facilities, and 
capabilities to store, handle, process, or disinfect such articles so 
as to prevent the introduction or dissemination of viscerotropic 
velogenic Newcastle disease into the United States, and that is 
approved by the Administrator.12
---------------------------------------------------------------------------

    \12\ The names and addresses of approved establishments may be 
obtained from, and requests for approval may be made to the National 
Center for Import and Export, 4700 River Road Unit 39, Riverdale, 
Maryland 20737-1231.
---------------------------------------------------------------------------

    (3) Carcasses, or parts or products of carcasses, of poultry, game 
birds, and other birds, may be imported if packed in hermetically 
sealed containers and if cooked by a commercial method after such 
packing to produce articles that are shelf-stable without 
refrigeration.
    (4) Carcasses, or parts or products of carcasses, of poultry, game 
birds, and other birds may be imported if thoroughly cooked, and if, 
upon inspection by a representative of the United States Department of 
Agriculture at the port of arrival, the carcasses or parts or products 
thereof have a thoroughly cooked appearance throughout.
    (5) Carcasses or parts or products of carcasses, of poultry, game 
birds, and other birds that do not otherwise qualify for importation 
under paragraph (c) of this section may be imported only if the 
importer applies to, and is granted a permit by the Administrator 
authorizing such importation. Permission will be given only when the 
Administrator determines that such importation will not constitute a 
risk of introduction or dissemination of viscerotropic velogenic 
Newcastle disease into the United States. Application for a permit may 
be made in accordance with paragraph (e) of this section.
    (d) Eggs (other than hatching eggs) from countries where VVND or S. 
enteritidis is considered to exist. Eggs (other than hatching eggs 
13) from poultry, game birds, or other birds may be imported only 
in accordance with this section if they: Are laid by poultry, game 
birds, or other birds that were raised in any country where VVND or S. 
enteritidis, phage-type 4, is considered to exist (see paragraphs (a) 
and (b) of this section); are imported from any country where VVND or 
S. enteritidis, phage-type 4, is considered to exist; or are moved into 
or through any country where VVND or S. enteritidis, phage-type 4, is 
considered to exist at any time before importation or during shipment 
to the United States.
---------------------------------------------------------------------------

    \13\ The requirements for importing hatching eggs are contained 
in part 93 of this chapter.
---------------------------------------------------------------------------

    (1) With a certificate. The eggs may be imported if they are 
accompanied by a certificate signed by a salaried veterinarian of the 
national government of the country of origin and:
    (i) The eggs are imported in cases marked with the identity of the 
flock of origin and sealed with the seal of the national government of 
the country of origin.
    (ii) The certificate accompanying the eggs is presented to an 
authorized inspector when the eggs reach the port of arrival in the 
United States.
    (iii) The certificate identifies the flock of origin and shows the 
country of origin, the port of embarkation, the port of arrival, the 
name and address of the exporter and importer, the total number of 
eggs, and cases of eggs, shipped with the certificate, and the date the 
certificate was signed.
    (iv) The certificate states that the eggs qualify for importation 
in accordance with this section.
    (v) No more than 90 days before the certificate was signed, a 
salaried veterinary officer of the national government of the country 
of origin inspected the flock of origin and found no evidence of 
communicable diseases of poultry.
    (vi) The eggs were washed, to remove foreign material from the 
surface of the shells, and sanitized on the premises of origin with a 
hypochlorite solution of from 100 ppm to 200 ppm available chlorine.
    (vii) The eggs were packed on the premises of origin in previously 
unused cases.
    (viii) Before leaving the premises of origin, the cases in which 
the eggs were packed were sealed with a seal of the national government 
of the country of origin by the salaried veterinarian who signed the 
certificate.
    (ix) And, if the eggs were laid in any country where VVND is 
considered to exist (see paragraph (a) of this section):
    (A) No VVND occurred on the premises of origin or on adjoining 
premises during the 90 days before the certificate was signed.
    (B) There is no evidence that the flock of origin was exposed to 
VVND during the 90 days before the certificate was signed.
    (C) The eggs are from a flock of origin found free of VVND in one 
of the following ways:
    (1) Sentinel birds 14 were present in the flock of origin for 
at least 60 days before the certificate was signed. There was at least 
1 sentinel bird per 1,000 poultry, with at least 30 sentinel birds per 
house. The sentinel birds remained free of clinical and immunological 
evidence of VVND as demonstrated by negative hemagglutination 
inhibition tests conducted on blood samples drawn at 10-day intervals 
by a salaried veterinary officer of the national government of the 
country of origin. The tests were conducted in a laboratory located in 
the country of origin, and the laboratory was approved to conduct the 
tests by the national government of that country; or
---------------------------------------------------------------------------

    \14\ For information on sources of sentinel birds, contact the 
Operational Support Staff, Veterinary Services, Animal and Plant 
Health Inspection Service, 4700 River Road Unit 33, Riverdale, MD 
20737-1228.
---------------------------------------------------------------------------

    (2) Once every week, beginning at least 60 days before the 
certificate was signed, a salaried veterinary officer of the national 
government of the country of origin collected carcasses of all poultry 
that died during that week, and the carcasses were examined for VVND 
using the embryonated egg inoculation technique. Once a month, 
beginning at least 60 days before the certificate was signed, a 
salaried veterinary officer of the national government of the country 
of origin collected tracheal and cloacal swabs from not less than 10 
percent of the poultry in the flock, and the swabs were tested for 
VVND. All examinations and tests were conducted in a laboratory located 
in the country of origin, and the laboratory was approved to conduct 
the tests and examinations by the national government of that country. 
All results were negative for VVND.
    (x) And, if the eggs were laid in any country where S. enteritidis, 
phage-type 4 is considered to exist (see paragraph (b) of this 
section):
    (A) No salmonellosis caused by S. enteritidis occurred on the 
premises of origin or on adjoining premises during the 90 days before 
the certificate was signed.
    (B) There is no evidence that the flock of origin was exposed to S. 
enteritidis during the 90 days before the certificate was signed.
    (C) The eggs are from a flock of origin found free of S. 
enteritidis as follows:
    (1) At least 60 days before the certificate was signed, a 
veterinary medical officer of the national government of the country of 
origin took a blood specimen from a representative sample of at least 
300 poultry in each house, or, if any house contained fewer than 300 
poultry, from all the poultry in that house. The blood specimens were 
tested for S. enteritidis with Salmonella pullorum or S. enteritidis 
antigen using a tube or plate test. The tests were

[[Page 17091]]

conducted in a laboratory located in the country of origin, and the 
laboratory was approved to conduct the tests by the national government 
of that country.
    (2) Beginning the week after the flock was tested and found 
negative as required in paragraph (d)(1)(x)(C)(1) of this section, and 
continuing once a week thereafter, a salaried veterinarian of the 
national government of the country of origin collected 25 carcasses, or 
10 percent of the carcasses, whichever was greater, of all the poultry 
that died in each house during the previous week. The carcasses were 
bacteriologically examined and found negative for S. enteritidis. The 
examinations were conducted in a laboratory located in the country of 
origin, and the laboratory was approved to conduct the examinations by 
the national government of that country.
    (3) After the blood specimens were drawn as required in paragraph 
(d)(1)(x)(C)(1) of this section, no poultry were added to the flock of 
origin until a blood specimen from each was tested for S. enteritidis 
with Salmonella pullorum or S. enteritidis antigen using a plate or 
tube test, and the specimen was found negative. The tests were 
conducted in a laboratory located in the country of origin, and the 
laboratory was approved to conduct the tests by the national government 
of that country.
    (2) To an approved establishment for breaking and pasteurization. 
The eggs may be imported if they are moved from the port of arrival in 
the United States, under seal of the United States Department of 
Agriculture, to an approved establishment 15 for breaking and 
pasteurization. Establishments will be approved when the Administrator 
determines that pasteurization and sanitation procedures for handling 
the eggs, and for disposing of egg shells, cases, and packing 
materials, are adequate to prevent the introduction of VVND or S. 
enteritidis, phage-type 4, into the United States.
---------------------------------------------------------------------------

    \15\ The names and addresses of approved establishments may be 
obtained from, and requests for approval may be made to National 
Center for Import and Export, 4700 River Road Unit 39, Riverdale, MD 
20737-1231.
---------------------------------------------------------------------------

    (3) For scientific, educational, or research purposes. The eggs may 
be imported if they are imported for scientific, educational, or 
research purposes and the Administrator has determined that the 
importation can be made under conditions that will prevent the 
introduction of VVND or S. enteritidis, phage-type 4, into the United 
States. The eggs must be accompanied by a permit obtained from APHIS 
prior to the importation in accordance with paragraph (e) of this 
section, and they must be moved and handled as specified on the permit 
to prevent the introduction of VVND or S. enteritidis, phage-type 4, 
into the United States.
    (4) Other. The eggs may be imported when the Administrator 
determines that the eggs have been cooked or processed or will be 
handled in a manner that will prevent the introduction of VVND or S. 
enteritidis, phage-type 4, into the United States. The eggs must be 
accompanied by a permit obtained from APHIS prior to the importation in 
accordance with paragraph (e) of this section, and they must be moved 
and handled as specified on the permit to prevent the introduction of 
VVND or S. enteritidis, phage-type 4, into the United States.
    (e) To apply for a permit, contact the Administrator, c/o National 
Center for Import and Export, 4700 River Road, Unit 39, Riverdale, 
20737-1231.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 94.8  Disposal of meats ineligible for importation.

    (a) Fresh, chilled, or frozen meats, prohibited importation under 
Secs. 94.1 and 94.2, that come into the United States by ocean vessel 
and are offered for entry and refused admission into this country, 
shall be destroyed or otherwise disposed of as the Administrator may 
direct pursuant to section 306 of the Act of June 17, 1930, as amended 
(19 U.S.C. 1306), unless they are exported by the consignee within 48 
hours, and meanwhile are retained under such isolation and other 
safeguards as the Administrator may require to prevent the introduction 
or dissemination of livestock or poultry diseases into the United 
States.
    (b) Fresh, chilled, or frozen meats prohibited importation under 
Secs. 94.1 and 94.2, that come into the United States aboard an 
airplane or railroad car and are refused entry into this country, shall 
be destroyed or otherwise disposed of as the Administrator may direct 
pursuant to section 306 of the Act of June 17, 1930, as amended (19 
U.S.C. 1306), unless they are exported by the consignee within 24 
hours, and meanwhile are retained under such isolation and other 
safeguards as the Administrator may require to prevent the introduction 
or dissemination of livestock or poultry diseases into the United 
States.
    (c) Fresh, chilled, or frozen meats prohibited importation under 
Secs. 94.1 and 94.2 that come into the United States by any means other 
than ocean vessel, airplane, or railroad car and are refused entry into 
this country, shall be destroyed or otherwise disposed of as the 
Administrator may direct pursuant to section 306 of the Act of June 17, 
1930, as amended (19 U.S.C. 1306), unless they are exported by the 
consignee within 8 hours on the same means of conveyance and meanwhile 
are retained under such isolation and other safeguards as the 
Administrator may require to prevent the introduction or dissemination 
of livestock or poultry diseases into the United States.
    (d) Fresh, chilled, or frozen meats, prohibited importation under 
Secs. 94.1 and 94.2, that come into the United States by any means but 
are not offered for entry into this country; and other animals, meats, 
and other articles prohibited importation under other sections of this 
part that come into the United States by any means, whether they are 
offered for entry into this country or not, shall be immediately 
detained, removed, destroyed or otherwise disposed of as the 
Administrator may direct at any time in accordance with section 2 of 
the Act of February 2, 1903, as amended, or section 2 of the Act of 
July 2, 1962 (21 U.S.C. 111, 134a).


Sec. 94.9  Meat and other animal products; in-transit movement and 
handling.

    (a) Any meat or other animal product that would be eligible for 
entry into the United States, as specified in the regulations in this 
part, may transit through 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; 
and
    (2) The meat or other animal product transited is contained in a 
sealed, leakproof carrier or container that must remain 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 must 
remain sealed at all times.
    (b) Meat or other animal products that are not otherwise eligible 
for entry into the United States in accordance with the regulations in 
this part may enter the United States through land border ports for 
transit through the United States and immediate export if the following 
conditions are met:
    (1) The person desiring to move the meat or other animal products 
through the United States obtains a United States Veterinary Permit for 
Importation and Transportation of Controlled Materials and Organisms 
and Vectors (VS Form 16-6). (An application for the

[[Page 17092]]

permit may be obtained from the Animal and Plant Health Inspection 
Service, Veterinary Services, National Center for Import-Export, 4700 
River Road Unit 38, Riverdale, Maryland 20737-1231.)
    (2) The meat or other animal products are sealed in the region of 
origin in a leakproof container with serially numbered seals approved 
by APHIS, and the container remains sealed during the entire time that 
it is in transit across the United States, from the point of arrival to 
its exportation.
    (3) The person moving the meat or other animal products through the 
United States notifies, in writing, the Plant Protection and Quarantine 
Officer at the United States port of arrival prior to such transiting. 
The notification must include the following information regarding the 
meat or other animal products:
    (i) Permit number;
    (ii) Times and dates of arrival in the United States;
    (iii) Time schedule and route to be followed through the United 
States; and
    (iv) Serial numbers of the seals on the containers.
    (4) The meat and other animal products transit the United States 
under Customs bond and are exported from the United States within the 
time limit specified on the permit. Any meat and other animal products 
that have not been exported within the time limit specified on the 
permit or that have not been transited in accordance with the permit or 
applicable requirements of this part will be destroyed or otherwise 
disposed of as the Administrator may direct pursuant to section 2 of 
the Act of February 2, 1903, as amended (21 U.S.C. 111).
    (c) Meat and other animal products from regions listed as R1 or R2 
regions for restricted agents of ruminants or swine, that are not 
otherwise eligible for importation, may transit the United States for 
immediate export, provided the requirements of paragraph (a) of this 
section are met.
    (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 24 hours at the maritime or airport port of arrival.


Sec. 94.10  Milk and milk products.

    (a) The following milk products are exempt from the provisions of 
this part:
    (1) Cheese, but not including cheese with liquid and not including 
cheese made with unpasteurized milk, and not including cheese 
containing any item that is regulated by other sections of this part, 
unless such item is independently eligible for importation into the 
United States under this part;
    (2) Butter; and
    (3) Butteroil.
    (b) Milk and milk products originating in, or shipped from, any 
region classified as Risk Class R3, R4 or RU for rinderpest or foot-
and-mouth disease may be imported into the United States if they are 
certified as having met the requirements of paragraphs (b) (1), (2), or 
(3) of this section:
    (1) They are in a concentrated liquid form and have been processed 
by heat by a commercial method in a container hermetically sealed 
promptly after filling but before such heating, so as to be shelf 
stable without refrigeration.
    (2) They are dry milk or dry milk products, including dry whole 
milk, nonfat dry milk, dried whey, dried buttermilk, and formulations 
that contain any such dry milk products, and are consigned directly to 
an approved establishment \16\ for further processing in a manner 
approved by the Administrator as adequate to prevent the introduction 
or dissemination of livestock diseases into the United States. However, 
in specific cases, upon request by the importer to the Administrator, 
and with approval by the Administrator, they may be stored for a 
temporary period in an approved warehouse \16\ under the supervision of 
an APHIS inspector pending movement to an approved establishment. Such 
products must be transported from the United States port of first 
arrival to an approved establishment or an approved warehouse, and from 
an approved warehouse to an approved establishment only under 
Department seals or seals of the U.S. Customs Service. Such seals may 
be broken only by such an inspector or other person authorized to do so 
by the Administrator. Such products may not be removed from the 
approved warehouse or approved establishment except upon special 
permission by the Administrator, and upon compliance with all the 
conditions and requirements specified by him or her for such movement 
in each specific case.
---------------------------------------------------------------------------

    \16\ The names and addresses of approved establishments or 
warehouses or information as to approved manner of processing, and 
request for approval of any such establishment, warehouse, or manner 
of processing may be made to the National Center for Import and 
Export Unit 40, 4700 River Road, Riverdale, MD 20737-1231. Any 
establishment or warehouse will be approved for the purpose of this 
section only if the operator has provided the Administrator with 
satisfactory evidence that the establishment or warehouse has the 
equipment, facilities, and capability to store, handle and process 
the imported dry milk or dry milk product subject to Sec. 94.9(b)(2) 
in a manner which will prevent the introduction or dissemination of 
livestock diseases into the United States. Similarly, processing 
methods will be approved only if the Administrator determines they 
are adequate to prevent the introduction or dissemination of such 
diseases into the United States. Approval of any establishment or 
warehouse or processing method may be refused or withdrawn by the 
Administrator only after the operator thereof has been given notice 
of the proposed action and has had an opportunity to present his 
views thereon, and upon a determination by the Administrator that 
the conditions for approval are not met. Approval of an 
establishment or warehouse may also be withdrawn after such notice 
and opportunity if the Administrator determines that such imported 
dry milk or milk products have been stored, handled, or processed by 
the operator thereof other than at an approved establishment or 
warehouse or other than in an approved manner.
---------------------------------------------------------------------------

    (3) Milk and milk products not exempted under paragraph (a) of this 
section and not of classes included within the provisions of paragraphs 
(b) (1) or (2) of this section may be imported if the importer first 
applies to and receives written permission from the Administrator 
authorizing such importation. Permission will be granted only when the 
Administrator determines that such action will not endanger the health 
of the livestock of the United States. Products subject to this 
provision include but are not limited to condensed milk, long-life 
milks such as sterilized milk, casein and caseinates, lactose, and 
lactalbumin.
    (4) Small amounts of milk and milk products subject to the 
restrictions of this part may in specific cases be imported for 
purposes of examination, testing, or analysis, if the importer applies 
to and receives written approval for such importation from the 
Administrator. Approval will be granted only when the Administrator 
determines that such action will not

[[Page 17093]]

endanger the health of the livestock of the United States.
    (c) Milk and milk products originating in and shipped from regions 
that are classified as Risk Class RN, R1, or R2 for rinderpest and 
foot-and-mouth disease, but that have entered a port or otherwise 
transited any region that is classified as Risk Class R3, R4 or RU for 
rinderpest or foot-and-mouth disease shall not be imported into the 
United States unless:
    (1) The product was transported under serially numbered official 
seals applied at the point of origin of the shipment by an authorized 
representative of the country of such origin; except that, if any seal 
applied at the point of origin was broken by any foreign official to 
inspect the shipment, an authorized representative of that country 
applied a new serially numbered official seal to the hold, compartment, 
or container in which the milk or milk products were transported; and 
if any member of a ship's crew broke a seal, the serial number of the 
seal, the location of the seal, and the reason for breaking the seal 
were recorded in the ship's log.
    (2) The numbers of such seals are listed on, or are on a list 
attached to, the bill of lading or similar document accompanying the 
shipment.
    (3) Upon arrival of the carrier at the first United States port, an 
APHIS inspector determines that the seals are intact and that their 
numbers are in agreement with the numbers appearing on the accompanying 
document; Provided that, if the representative finds that any seal has 
been broken or has a different number than is recorded on the 
accompanying document, the milk or milk products may remain eligible 
for entry into the United States only if APHIS personnel are available 
to inspect the hold, compartment, or container, the cartons or other 
containers of milk or milk products, and all accompanying 
documentation; and also provided that the representative determines 
that such products meet all of the importation requirements, and the 
importer furnishes additional documentation (either copies of pages 
from the ship's log signed by the officer-in-charge, or certification 
from a foreign government that the original seal was removed and the 
new seal applied by officials of the government) that demonstrates to 
the satisfaction of the Administrator that the milk or milk products 
were not contaminated or exposed to contamination during movement from 
the region of origin to the United States.
    (d) Milk and milk products from regions that are classified as Risk 
Class RN for disease agents affecting ruminants may be imported into 
the United States if accompanied by documentation indicating the region 
of origin of the milk or milk product, and if they are not otherwise 
prohibited importation under paragraph (c) of this section.
    (e) Milk or milk products imported from a region classified as R1 
or R2 for rinderpest and foot-and-mouth disease must be accompanied by 
a certificate endorsed by a full-time, salaried veterinarian employed 
by the country of export. The certificate must state that the milk was 
produced and processed in a region that is classified as RN, R1 or R2 
for rinderpest and foot-and-mouth disease, or that the milk product was 
processed in a foreign region that is classified as RN, R1, or R2 for 
rinderpest and foot-and-mouth disease, from milk produced in a region 
classified as RN, R1, or R2 for rinderpest and foot-and-mouth disease. 
The certificate must name the region in which the milk was produced and 
the foreign region in which the milk or milk product was processed. 
Further, the certificate must state that, except for movement under 
seal as described in Sec. 94.10(c), the milk or milk product has never 
been in a region that is classified as R3, R4, or RU for rinderpest or 
foot-and-mouth disease. Milk or milk products from a region that is 
classified as RN, R1, or R2 for rinderpest and foot-and-mouth disease, 
that were processed in whole or in part from milk or milk products from 
a foreign region classified as R3, R4, or RU, may be imported into the 
United States in accordance with Sec. 94.10(b)(3).
    (f) Milk or milk products from regions listed that are classified 
as Risk Class R3, R4 or RU for Brucella melitensis shall enter the 
United States only under the following conditions:
    (1) The milk must be pasteurized according to the Food and Drug 
Administration requirements of 21 CFR 131.3;
    (2) Milk and milk products, including cheese, must meet the Food 
and Drug Administration requirements of 21 CFR part 1210 and any other 
applicable regulations for imported milk;
    (3) Milk products, including cheese, must be prepared from milk 
treated as described in paragraph (f)(1) of this section before being 
used to manufacture milk products; and
    (4) Milk or milk products must be processed in a facility where 
only milk or milk products are processed as described in paragraph 
(f)(1) of this section.


Sec. 94.11  Dry-cured pork products from regions classified as Risk 
Class R3, R4, or RU for foot-and-mouth disease, rinderpest, African 
swine fever, hog cholera, or swine vesicular disease.

    A dry-cured ham, pork shoulder, or pork loin shall not be permitted 
importation into the United States from a region that is classified as 
Risk Class R3, R4, or RU for foot-and-mouth disease, rinderpest, 
African swine fever, hog cholera, or swine vesicular disease unless it 
meets the following conditions:
    (a) The ham, pork shoulder, or pork loin came from a region 
determined by the Administrator to have and to enforce laws requiring 
the immediate reporting to the national veterinary services of that 
region any premises found to have any animal infected with foot-and-
mouth disease, rinderpest, African swine fever, hog cholera, or swine 
vesicular disease;
    (b) The ham, pork shoulder, or pork loin came from a swine that was 
not on any premises where foot-and-mouth disease, rinderpest, African 
swine fever, hog cholera, or swine vesicular disease exists or had 
existed within 60 days prior to slaughter;
    (c) The ham, pork shoulder, or pork loin was accompanied from the 
slaughtering facility to the processing establishment by a numbered 
certificate issued by a person authorized by the government of the 
country of origin stating that the provisions of paragraph (b) of this 
section have been met;
    (d) The ham, pork shoulder, or pork loin was processed as set forth 
in paragraph (h) of this section in only one processing establishment; 
17
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    \17\ As a condition of entry into the United States, pork and 
pork products must also meet all of the requirements of the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.) and the regulations 
thereunder (9 CFR part 301), including requirements that the pork or 
pork products be prepared only in approved establishments.
---------------------------------------------------------------------------

    (e) The ham, pork shoulder, or pork loin was processed in a 
processing establishment that, prior to the processing of any hams, 
pork shoulders, or pork loins in accordance with this section, was 
inspected by a veterinarian of APHIS and determined by the 
Administrator to be capable of meeting the provisions of this section 
for processing hams, pork shoulders, or pork loins for importation into 
the United States;
    (f) The ham, pork shoulder, or pork loin was processed in a 
processing establishment for which the operator of the establishment 
has signed an agreement with APHIS within 12 months prior to receipt of 
the hams, pork shoulders, or pork loins for processing, stating that 
all hams, pork

[[Page 17094]]

shoulders, or pork loins processed for importation into the United 
States will be processed only in accordance with the provisions of this 
part;
    (g) Workers who handle fresh pork in the processing establishment 
where the dry-cured ham, pork shoulder, or pork loin was processed are 
required to shower and put on a full set of clean clothes, or to wait 
24 hours after handling fresh pork, before handling hams, pork 
shoulders, or pork loins that have progressed in the aging/curing 
process as follows:
    (1) In the case of Italian-type hams processed in accordance with 
paragraph (h)(1) of this section, those that have progressed beyond the 
final wash stage;
    (2) In the case of Serrano hams or Iberian hams or pork shoulders 
processed in accordance with paragraphs (h)(2), (h)(3), or (h)(4) of 
this section, those that have progressed beyond salting; and
    (3) In the case of Iberian pork loins processed in accordance with 
paragraph (h)(5) of this section, those that have progressed beyond 
being placed in a casing; and
    (h) The dry-cured ham, pork shoulder, or pork loin was processed in 
accordance with this paragraph. Except for pork fat treated to at least 
76  deg.C. (168.8  deg.F.), which may have been placed over the meat 
during curing, the dry-cured pork product must have had no contact with 
any other meat or animal product during processing:
    (1) Italian-type hams. The ham was processed for a period of not 
less than 400 days in accordance with the following conditions: after 
slaughter the ham was held at a temperature of 0 to 3  deg.C. (3 to 
34.7  deg.F.) for a minimum of 72 hours, during which time the 
``aitch'' bone and the foot was removed and the blood vessels at the 
end of the femur were massaged to remove any remaining blood; 
thereafter the ham was covered with an amount of salt equal to 4 to 6 
percent of the weight of the ham, with a sufficient amount of water 
added to ensure that the salt had adhered to the ham; thereafter the 
ham was placed for 5 to 7 days on racks in a chamber maintained at a 
temperature of 0 to 4  deg.C. (32 to 39.2  deg.F.) and at a relative 
humidity of 70 to 85 percent; thereafter the ham was covered with an 
amount of salt equal to 4 to 6 percent of the weight of the ham, with a 
sufficient amount of water added to ensure that the salt had adhered to 
the ham; thereafter the ham was placed for 21 days in a chamber 
maintained at a temperature of 0 to 4  deg.C. (32 to 39.2  deg.F.) and 
at a relative humidity of 70 to 85 percent; thereafter the salt was 
brushed off the ham; thereafter the ham was placed in a chamber 
maintained at a temperature of 1 to 6  deg.C. (33.8 to 42.8  deg.F.) 
and at a relative humidity of 65-80 percent for between 52 and 72 days; 
thereafter the ham was brushed and rinsed with water; thereafter the 
ham was placed in a chamber for 5-7 days at a temperature of 15 to 23 
deg.C. (59 to 73.4  deg.F.) and a relative humidity of 55-85 percent; 
thereafter the ham was placed for curing in a chamber maintained for a 
minimum of 314 days at a temperature of 15 to 20  deg.C. (59 to 68 
deg.F.) and at a relative humidity of 65-80 percent at the beginning 
and increased by 5 percent every 2\1/2\ months until a relative 
humidity of 85 percent was reached.
    (2) Serrano hams. Serrano hams were processed as follows (190-day 
minimum curing process):
    (i) If the ham is received frozen, it was thawed in a chamber with 
relative humidity between 70 and 80 percent, with room temperature 
maintained at 12 to 13  deg.C. (53.6 to 55.4  deg.F.) for the first 24 
hours, then at 13 to 14  deg.C. (55.4 to 57.2  deg.F.) until the 
internal temperature of the ham reached 3 to 4  deg.C. (37.4 to 39.2 
deg.F.), at which point the blood vessels at the end of the femur were 
massaged to remove any remaining blood.
    (ii) The ham was covered in salt and placed in a chamber maintained 
at a temperature from 0 to 4  deg.C. (32 to 39.2  deg.F.), with 
relative humidity between 75 and 95 percent, for a period no less than 
0.65 days per kg., and no more than 2 days per kg., of the weight of 
the ham.
    (iii) The ham was rinsed with water and/or brushed to remove any 
remaining surface salt.
    (iv) The ham was placed in a chamber maintained at a temperature of 
0 to 6  deg.C. (32 to 42.8  deg.F.), with a relative humidity of 70 to 
95 percent, for no less than 40 and no more than 60 days.
    (v) The ham was placed for curing in a chamber with a relative 
humidity of 60 to 80 percent and a temperature gradually raised in 3 
phases, as follows:
    (A) A temperature of 6 to 16  deg.C. (42.8 to 60.8  deg.F.), 
maintained for a minimum of 45 days;
    (B) A temperature of 16 to 24  deg.C. (60.8 to 75.2  deg.F.), 
maintained for a minimum of 35 days; and
    (C) A temperature of 24 to 34  deg.C. (75.2 to 93.2  deg.F.), 
maintained for a minimum of 30 days.
    (vi) Finally, with the relative humidity unchanged at 60 to 80 
percent, the temperature was lowered to 12 to 20  deg.C. (53.6 to 68 
deg.F.) and maintained at that level for a minimum of 35 days, until at 
least 190 days after the start of the curing process; Except that: In a 
region that is classified as R3, R4, or RU for swine vesicular disease, 
the ham must be maintained at that level an additional 370 days, until 
at least 560 days after the start of the curing process.
    (3) Iberian hams. Iberian hams were processed as follows (365-day 
minimum curing process):
    (i) If the ham was received frozen, it was thawed in a chamber with 
relative humidity between 70 and 80 percent, with room temperature 
maintained at 5.5 to 6.5  deg.C. (41.9 to 43.7  deg.F.) for the first 
24 hours, then at 9.5 to 10.5  deg.C. (49.1 to 50.9  deg.F.) until the 
internal temperature of the ham reached 3 to 4  deg.C. (37.4 to 39.2 
deg.F.), at which point the blood vessels at the end of the femur were 
massaged to remove any remaining blood.
    (ii) The ham was covered in salt and placed in a chamber maintained 
at a temperature from 0 to 4  deg.C. (32 to 39.2  deg.F.), with 
relative humidity between 75 and 95 percent, and kept in the chamber 
for a period no less than 0.65 days per kg., and no more than 2 days 
per kg., of the weight of the ham.
    (iii) The ham was rinsed with water and/or brushed to remove any 
remaining surface salt.
    (iv) The ham was placed in a chamber maintained at a temperature of 
0 to 6  deg.C. (32 to 42.8  deg.F.), with relative humidity of 70 to 95 
percent, for no less than 40 and no more than 60 days.
    (v) The ham was placed for curing in a chamber with a temperature 
of 6 to 16  deg.C. (42.8 to 60.8  deg.F.) and relative humidity of 60 
to 80 percent for a minimum of 90 days.
    (vi) The temperature was raised to 16 to 26  deg.C. (60.8 to 78.8 
deg.F.) and the relative humidity reduced to 55 to 85 percent, for a 
minimum of 90 days.
    (vii) Finally, with the relative humidity raised to 60 to 90 
percent, the temperature was lowered to 12 to 22  deg.C. (53.6 to 71.6 
deg.F.) and maintained at that level for a minimum of 115 days, until 
at least 365 days after the start of the curing process; Except that: 
In a region that is classified as R3, R4, or RU for swine vesicular 
disease, the ham must be maintained at that level an additional 195 
days, until at least 560 days after the start of the curing process.
    (4) Iberian pork shoulders.  Iberian pork shoulders were processed 
as follows (240-day minimum curing process):
    (i) If the pork shoulder was received frozen, it was thawed at a 
room temperature of 12 to 13  deg.C. (53.6 to 55.4  deg.F.), with the 
relative humidity between 75 and 85 percent, for approximately 24 
hours, until the internal temperature reached 3 to 4  deg.C. (37.4 to 
39.2  deg.F.), at which point the blood vessels in the scapular region 
were massaged to remove any remaining blood.

[[Page 17095]]

    (ii) The pork shoulder was covered in salt and placed in a chamber 
maintained at a temperature of 0 to 4  deg.C. (32 to 39.2  deg.F.) with 
the relative humidity between 75 and 95 percent, for a period of no 
less than 0.65 days per kg., and no more than 2 days per kg., of the 
weight of the pork shoulder.
    (iii) The pork shoulder was rinsed with water and/or brushed to 
remove any remaining surface salt.
    (iv) The pork shoulder was placed in a chamber maintained at a 
temperature of 0 to 6  deg.C. (32 to 42.8  deg.F.) and a relative 
humidity of 70 to 95 percent for not less than 40 days and not more 
than 60 days.
    (v) The pork shoulder was placed for curing in a chamber at a 
temperature of 6 to 16  deg.C. (42.8 to 60.8  deg.F.) and a relative 
humidity of 60 to 80 percent for a minimum of 90 days.
    (vi) The temperature was raised to 16 to 26  deg.C. (60.8 to 78.8 
deg.F.) and the relative humidity was changed to 55 to 85 percent, and 
those levels were maintained for a minimum of 90 days.
    (vii) Finally, the temperature was reduced to 12 to 22  deg.C. 
(53.6 to 71.6  deg.F.) and the relative humidity was raised to 60 to 90 
percent for a minimum of 45 days, until at least 240 days after the 
start of the curing process.
    (5) Iberian pork loins. Iberian pork loins were processed as 
follows (130-day minimum curing process):
    (i) If the pork loin was received frozen, it was thawed at a room 
temperature maintained at 11 to 12  deg.C. (51.8 to 53.6  deg.F.), with 
the relative humidity between 70 and 80 percent for the first 24 hours, 
then between 75 and 85 percent, until the loin's internal temperature 
reached 3 to 4  deg.C. (37.4 to 39.2  deg.F.), at which point the 
external fat, aponeurosis, and tendons were cleaned from the loin.
    (ii) The pork loin was covered in a pickle preparation (25-30 grams 
of salt for each kilogram of pork loin) and placed in a chamber where 
it was maintained at a relative humidity of 75 to 95 percent and a 
temperature of 3 to 4  deg.C. (37.4 to 39.2  deg.F.) for 72 hours.
    (iii) The pork loin was removed from the pickle preparation (25-30 
grams of salt for each kilogram of pork loin), externally cleaned 
(brushed or rinsed), placed in an artificial casing, and fastened shut 
with a metal clip.
    (iv) The pork loin was placed for curing in a chamber with a 
relative humidity of 60 to 90 percent and a temperature gradually 
raised in 3 phases, as follows:
    (A) A temperature of 2 to 6  deg.C. (35.6 to 42.8  deg.F.), 
maintained for a minimum of 20 days;
    (B) A temperature of 6 to 15  deg.C. (42.8 to 59.0  deg.F.), 
maintained for a minimum of 20 days;
    (C) A temperature of 15 to 25  deg.C. (59.0 to 77.0  deg.F), 
maintained for a minimum of 40 days;
    (v) Finally, with the relative humidity unchanged at 60 to 80 
percent and the temperature lowered to 0 to 5  deg.C. (32.0 to 41.0 
deg.F.), the pork loin was vacuum-packed and maintained under those 
conditions for a minimum of 15 days, until at least 130 days after the 
start of the curing process.
    (i)(1) The ham, if it is Italian-type ham processed in accordance 
with paragraph (h)(1) of this section, bears a hot iron brand or an ink 
seal (with the identifying number of the slaughtering establishment) 
that was placed thereon at the slaughtering establishment under the 
direct supervision of a person authorized to supervise such activity by 
the veterinary services of the national government of the country in 
which the region of origin is located bears a button seal (approved by 
the Administrator as being tamper-proof) on the hock that states the 
month and year the ham entered the processing establishment and a hot 
iron brand (with the identifying number of the processing establishment 
and the date salting began) that were placed thereon at the processing 
establishment immediately prior to salting, under the supervision of a 
person authorized to supervise such activity by the veterinary services 
of the national government of the country of origin;
    (2) The dry-cured ham, if it is processed in accordance with 
paragraphs (h)(2) or (h)(3) of this section, or the dry-cured pork 
shoulder, if it is processed in accordance with paragraph (h)(4) of 
this section, bears an ink seal (with the identifying number of the 
slaughtering establishment) that was placed thereon at the slaughtering 
establishment under the direct supervision of a person authorized to 
supervise such activity by the veterinary services of the national 
government of the country of origin, and an ink seal (with the 
identifying number of the processing establishment and the date the 
salting began) that was placed thereon at the processing establishment, 
immediately prior to salting, under the supervision of a person 
authorized to supervise such activity by the veterinary services of the 
national government of the country of origin; or
    (3) The dry-cured pork loin, if it is processed in accordance with 
paragraph (h)(5) of this section, is packaged with material that bears 
a seal of the government of the country of origin that was placed 
thereon at the slaughtering establishment under the direct supervision 
of a person authorized to supervise such activity by the veterinary 
services of the national government of the country of origin, and bears 
a tamper-proof plastic tag, securely attached to the pork loin itself, 
that states the identifying number of the slaughtering establishment 
and the date the pork loin was placed in the pickle preparation under 
the supervision of a person authorized to supervise such activity by 
the veterinary service of the national government of the country of 
origin.
    (j) The dry-cured ham, pork shoulder, or pork loin came from an 
establishment where a person authorized by the veterinary services of 
the national government of the country of origin to conduct activities 
under this paragraph maintained original records (which shall be kept 
for a minimum of 2 years) identifying the dry-cured ham, pork shoulder, 
or pork loin by the date it entered the processing establishment, by 
the slaughtering facility from which it came, and by the number of the 
certificate that accompanied the dry-cured ham, pork shoulder, or pork 
loin from the slaughtering facility to the processing establishment, 
and where such original records are maintained under lock and key by 
such person, with access to such original records restricted to 
officials of the government of the country of origin, officials of the 
United States government, and such person maintaining the records.
    (k) The dry-cured ham, pork shoulder, or pork loin came from a 
processing establishment that allows the unannounced entry into the 
establishment of APHIS personnel, or other persons authorized by the 
Administrator, for the purpose of inspecting the establishment and 
records of the establishment.
    (l) The dry-cured ham, pork shoulder, or pork loin was processed in 
accordance with one of the following criteria:
    (1) The ham, if it is an Italian-type ham processed in accordance 
with paragraph (h)(1) of this section, was processed in a region that 
is classified as either an RN, R1, or R2 region for rinderpest, and 
which has, through the veterinary services of the country in which it 
is located, submitted to the Administrator a written statement stating 
that it conducts a program to authorize persons to supervise activities 
specified under this section;
    (2) The Serrano ham, processed in accordance with paragraph (h)(2) 
of this section, and came from any breed of large, white swine, 
including but not limited to Landrace, Pietrain, Duroc,

[[Page 17096]]

Jersey, Hampshire, and Yorkshire breeds, and crosses of such breeds;
    (3) The Iberian ham, processed in accordance with paragraph (h)(3) 
of this section, and came from a swine of the Iberico breed of pigs;
    (4) The Iberian pork shoulder, processed in accordance with 
paragraph (h)(4) of this section, and came from a swine of the Iberico 
breed of pigs;
    (5) The Iberian pork loin, if processed in accordance with 
paragraph (h)(5) of this section, and came from a swine of the Iberico 
breed of pigs.
    (m) The dry-cured ham, pork shoulder, or pork loin came from a 
processing establishment that has entered into a trust fund agreement 
executed by the operator of the establishment or a representative of 
the establishment and APHIS, and that pursuant to the trust fund 
agreement is current in paying all costs for a veterinarian of APHIS to 
inspect the establishment (it is anticipated that such inspections will 
occur up to four times per year), including travel, salary, 
subsistence, administrative overhead, and other incidental expenses 
(including an excess baggage provision up to 150 pounds). In accordance 
with the terms of the trust fund agreement, the operator of the 
processing establishment must deposit with the Administrator an amount 
equal to the approximate costs for a veterinarian to inspect the 
establishment one time, including travel, salary, subsistence, 
administrative overhead and other incidental expenses (including an 
excess baggage provision up to 150 pounds), and as funds from that 
amount are obligated, bills for costs incurred based on official 
accounting records will be issued to restore the deposit to its 
original level. Amounts to restore the deposit to its original level 
must be paid within 14 days of receipt of such bills.
    (n) The dry-cured ham, pork shoulder, or pork loin is accompanied 
at the time of importation into the United States by a certificate 
issued by a person authorized to issue such certificates by the 
veterinary services of the national government of the country of 
origin, stating:
    (1) That all the provisions of this section have been complied 
with, including paragraphs (h) and (l) of this section; and
    (2) The paragraph of this section under which the dry-cured ham, 
pork shoulder, or pork loin was processed; and stating further that, if 
the product covered by the certificate:
    (i) Is an Italian-type ham processed under paragraph (h)(1) of this 
section, it was processed for a minimum of 400 days;
    (ii) Is a Serrano ham processed under paragraph (h)(2) of this 
section, it was:
    (A) Processed for a minimum of 190 days in a region that is 
classified as either RN, R1, or R2 for swine vesicular disease, in a 
facility authorized by the veterinary services of the national 
government of the country in which the region of origin is located to 
process meat only from regions classified as either RN, R1, or R2 for 
swine vesicular disease; or
    (B) Processed for a minimum of 560 days in any region, in a 
facility that may also process meat from regions that are classified as 
R3, R4, or RU for swine vesicular disease;
    (iii) Is an Iberian ham processed under paragraph (h)(3) of this 
section, it was:
    (A) Processed for a minimum of 365 days in a region that is 
classified as RN, R1, or R2 for swine vesicular disease, in a facility 
authorized by the veterinary services of the national government of the 
country in which the region is located to process only meat from 
countries that are classified as RN, R1, or R2 for swine vesicular 
disease; or
    (B) Processed for a minimum of 560 days in any region, in a 
facility that may also process meat from regions that are classified as 
R3, R4, or RU for swine vesicular disease;
    (iv) Is a dry-cured pork shoulder, it was processed in accordance 
with paragraph (h)(4) of this section for a minimum of 240 days; or
    (v) Is a dry-cured pork loin, it was processed in accordance with 
paragraph (h)(5) of this section for a minimum of 130 days.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 94.12  Ruminant meat and edible products from ruminants that have 
been in regions classified as Risk Class R3, R4, or RU for bovine 
spongiform encephalopathy.

    (a) Gelatin. The importation of gelatin derived from ruminants that 
have been in any region that is classified as Risk Class R3, R4 or RU 
for bovine spongiform encephalopathy is prohibited unless the following 
conditions have been met:
    (1) The gelatin must be imported for use in human food, human 
pharmaceutical products, photography, or some other use that will not 
result in the gelatin coming in contact with ruminants in the United 
States.
    (2) The person importing the gelatin must obtain a United States 
Veterinary Permit for Importation and Transportation of Controlled 
Materials and Organisms and Vectors by filing a permit application on 
VS form 16-3.18
---------------------------------------------------------------------------

    \18\ VS form 16-3 may be obtained from National Center for 
Import and Export, 4700 River Road Unit 40, Riverdale, MD 20737-
1231.
---------------------------------------------------------------------------

    (3) The permit application must state the intended use of the 
gelatin and the name and address of the consignee in the United States.
    (b) Transit shipment of articles. Fresh, chilled, or frozen meat, 
and edible products other than meat, that are prohibited importation 
into the United States from regions that are classified as Risk Class 
R3, R4 or RU for bovine spongiform encephalopathy may transit the 
United States for immediate export if the following conditions are met:
    (1) The person moving the articles obtains a United States 
Veterinary Permit for Importation and Transportation of Controlled 
Materials and Organisms and Vectors by filing a permit application on 
VS form 16-3.
    (2) The articles are sealed in leakproof containers bearing serial 
numbers during transit. Each container must remain sealed during the 
entire time that it is in the United States.
    (3) The person moving the articles notifies, in writing, the Plant 
Protection and Quarantine Officer at both the place in the United 
States where the articles will arrive and the port of export prior to 
such transit. The notification must include the:
    (i) United States Veterinary Permit for Importation and 
Transportation of Controlled Materials and Organisms and Vectors permit 
number;
    (ii) Times and dates of arrival in the United States;
    (iii) Times and dates of exportation from the United States;
    (iv) Mode of transportation; and
    (v) Serial numbers of the sealed containers.
    (4) The articles transit the United States in Customs bond.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 94.13  Movement of meat and meat products.

    Meat or meat products consigned from the port of arrival to an 
approved establishment under the provisions of this part (e.g., 
Sec. 94.5 (f) and (i)) must be moved from the port of arrival to the 
approved establishment under Customs seals or seals of the 
Administrator, and must be otherwise handled as the Administrator may 
direct in order to guard against the introduction and dissemination of 
contagious diseases of livestock. Seals applied under this section may 
not be broken except by persons authorized to do so by the 
Administrator.

[[Page 17097]]

Sec. 94.14  Seizure, quarantine, and disposal of meat and meat 
products.

    Meat or meat products imported into the United States from a region 
that is classified as Risk Class R3, R4, or RU for foot-and-mouth 
disease, rinderpest, African swine fever, bovine spongiform 
encephalopathy, hog cholera, and/or swine vesicular disease that do not 
meet the requirements specified in this part shall be seized, 
quarantined, and disposed of as the Administrator may direct in order 
to guard against the introduction and dissemination of the contagion of 
the disease.


Sec. 94.15  Cancellation of compliance agreements.

    Any compliance agreement may be canceled orally or in writing by 
the inspector who is supervising its enforcement whenever the inspector 
finds that such person has failed to comply with the provisions of this 
section or any conditions imposed pursuant to such provisions. If the 
cancellation is oral, the decision and the reasons therefor shall be 
confirmed in writing, as promptly as circumstances allow. Any person 
whose compliance agreement has been canceled may appeal the decision, 
in writing, within ten (10) days after receiving written notification 
of the cancellation. The appeal shall state all of the facts and 
reasons upon which the person relies to show that the compliance 
agreement was wrongfully canceled. The Administrator shall grant or 
deny the appeal, in writing, stating the reasons for such decision, as 
promptly as circumstances allow. If there is a conflict as to any 
material fact, a hearing shall be held to resolve such conflict. Rules 
of practice concerning such a hearing will be adopted by the 
Administrator.
    52. Part 95 would be revised to read as follows:

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

Sec.
95.1  Definitions.
95.2  Region of origin.
95.3  Prohibited animal byproducts.
95.4  Bone meal, blood meal, meat meal, offal, fat, glands, and 
serum from ruminants in regions classified as Risk Class R3, R4, or 
RU for bovine spongiform encephalopathy according to criteria in 
Sec. 92.3 of this chapter.
95.5  Untanned hides and skins; requirements for unrestricted entry.
95.6  Untanned hides and skins; importations permitted subject to 
restrictions.
95.7  Wool, hair, and bristles; requirements for unrestricted entry.
95.8  Wool, hair, and bristles; importations permitted subject to 
restrictions.
95.9  Glue stock; requirements for unrestricted entry.
95.10  Glue stock; importations permitted subject to restrictions.
95.11  Bones, horns, and hoofs for trophies or museum; disinfected 
hoofs.
95.12  Bones, horns, and hoofs; importations permitted subject to 
restrictions.
95.13  Bone meal for use as fertilizer or as feed for domestic 
animals; requirements for entry.
95.14  Blood meal, tankage, meat meal, and similar products, for use 
as fertilizer or animal feed; requirements for entry.
95.15  Blood meal, blood albumin, intestines, and other animal 
byproducts for industrial use; requirements for unrestricted entry.
95.16  Blood meal, blood albumin, intestines, and other animal 
byproducts for industrial use; importations permitted subject to 
restrictions.
95.17  Glands, organs, ox gall, and like materials; requirements for 
unrestricted entry.
95.18  Glands, organs, ox gall, and like materials; importations 
permitted subject to restrictions.
95.19  Animal stomachs.
95.20  Animal manure.
95.21  Hay and straw; requirements for unrestricted entry.
95.22  Hay and straw; importations permitted subject to 
restrictions.
95.23  Previously used meat covers; importations permitted subject 
to restrictions.
95.24  Methods for disinfection of hides, skins, and other 
materials.
95.25  Transportation of restricted import products; placarding cars 
and marking billing; unloading enroute.
95.26  Railroad cars, trucks, boats, aircraft and other means of 
conveyance, equipment or containers, yards, and premises; cleaning 
and disinfection.
95.27  Regulations applicable to products from territorial 
possessions.
95.28  Hay or straw and similar material from tick-infested regions.

    Authority: 21 U.S.C. 111, 136 and 136a; 31 U.S.C. 9701; 7 CFR 
2.22, 2.80, and 371.2(d).


Sec. 95.1  Definitions.

    Whenever in the regulations in this part the following words, 
names, or terms are used they shall be construed, respectively, to 
mean:
    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. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture (APHIS).
    Animal byproducts. Hides, skins, hair, wool, glue stock, bones, 
hoofs, horns, bone meal, hoof meal, horn meal, blood meal, meat meal, 
tankage, glands, organs, or other parts or products of ruminants and 
swine unsuitable for human consumption.
    Approved chlorinating equipment. Equipment approved by the 
Administrator as effective for the disinfection of effluents against 
the contagions of foot-and-mouth disease, rinderpest, lumpy skin 
disease (Neethling virus), Sheep pox, goat pox, African swine fever, 
hog cholera, and swine vesicular disease.
    Approved establishment. An establishment approved by the 
Administrator for the receipt and handling of restricted import animal 
byproducts.
    Approved sewerage system. A drainage system equipped and operated 
so as to carry and dispose of sewage without endangering livestock 
through the contamination of streams or fields and approved by the 
Administrator.
    Approved warehouse. A warehouse having facilities approved by the 
Administrator for the handling and storage, apart from other 
merchandise, of restricted import products.
    Blood meal. Dried blood of animals.
    Bone meal. Ground animal bones and hoof meal and horn meal.
    Department. The United States Department of Agriculture.
    Glue stock. Fleshings, hide cuttings and parings, tendons, or other 
collagenous parts of animal carcasses.
    Hay and straw. Dried grasses, clovers, legumes, and similar 
materials or stalks or stems of various grains, such as barley, oats, 
rice, rye, and wheat.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service authorized to perform duties required under this part.
    Meat meal or tankage. The rendered and dried carcasses or parts of 
the carcasses of animals.
    Region. Any defined geographic land region identifiable by 
geological, political or surveyed boundaries.
    Risk Class Regions. Foreign exporting regions designated by APHIS 
according to the results of a risk assessment as defined in Sec. 92.1 
of this chapter, and determined by criteria as set forth in Sec. 92.3 
of this chapter are incorporated herein and are applicable to this 
part.
    Shipped directly. Shipped (moved, transported, or otherwise 
shipped) without unloading and without stopping except for refueling, 
or for traffic conditions such as traffic lights or stop signs.
    United States. All of the States of the United States, the District 
of Columbia,

[[Page 17098]]

Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of 
the United States, and all other territories and possessions of the 
United States.


Sec. 95.2  Region of origin.

    No products or materials specified in the regulations in this part 
may be imported into the United States unless there be shown upon the 
commercial invoice, or in some other manner satisfactory to the 
Administrator, the name of the region of origin of such product or 
material: Provided, That the region of origin shall be construed to 
mean:
    (a) In the case of an animal byproduct, the region in which such 
product was taken from an animal or animals; and
    (b) In the case of other materials, the region in which such 
materials were produced.


Sec. 95.3  Prohibited animal byproducts.

    The importation of any animal byproduct taken or removed from an 
animal affected with anthrax, foot-and-mouth disease, rinderpest, 
bovine spongiform encephalopathy, Lumpy skin disease (Neethling virus), 
Sheep pox, goat pox, African swine fever, hog cholera, or swine 
vesicular disease is prohibited.


Sec. 95.4  Bone meal, blood meal, meat meal, offal, fat, glands, and 
serum from ruminants in regions classified as Risk Class R3, R4 or RU 
for bovine spongiform encephalopathy according to criteria in Sec. 92.3 
of this chapter.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
the importation of bone meal, blood meal, meat meal or tankage, offal, 
fat, and glands from ruminants that have been in any region classified 
as a Risk Class R3, R4, or RU region for bovine spongiform 
encephalopathy is prohibited.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
the importation of serum from ruminants that have been in any region 
classified as a Risk Class R3, R4, or RU region for bovine spongiform 
encephalopathy is prohibited, except that serum from ruminants may be 
imported for scientific, educational, or research purposes if the 
Administrator determines that the importation can be made under 
conditions that will prevent the introduction of bovine spongiform 
encephalopathy into the United States. Serum from ruminants imported in 
accordance with this paragraph must be accompanied by a permit issued 
by APHIS in accordance with Sec. 104.3 of this chapter, and must be 
moved and handled as specified on the permit.
    (c) Articles for cosmetics. The importation of collagen, collagen 
products, amniotic liquids or extracts, placental liquids or extracts, 
serum albumin, and serocolostrum, derived from ruminants that have been 
in any region classified as Risk Class R3, R4, or RU region bovine 
spongiform encephalopathy is prohibited unless the following conditions 
are met:
    (1) The article is imported for use as an ingredient in cosmetics.
    (2) The person importing the article obtains a United States 
Veterinary Permit for Importation and Transportation of Controlled 
Materials and Organisms and Vectors by filing a permit application on 
VS form 16-3.1
---------------------------------------------------------------------------

    \1\ VS form 16-3 may be obtained from the National Center for 
Import and Export, Veterinary Services, APHIS, 4700 River Road Unit 
39, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (3) The permit application states the intended use of the article 
and the name and address of the consignee in the United States.
    (d) Transit shipment of articles. Articles that are prohibited 
importation into the United States in accordance with this section may 
transit the United States for immediate export if the following 
conditions are met:
    (1) The person moving the articles obtains a United States 
Veterinary Permit for Importation and Transportation of Controlled 
Materials and Organisms and Vectors by filing a permit application on 
VS form 16-3.\1\
    (2) The articles must be sealed in leakproof containers bearing 
serial numbers during transit. Each container must remain sealed with a 
Customs seal or seal of the Administrator during the entire time that 
it is in the United States, and must be otherwise handled as the 
Administrator may direct in order to guard against the introduction and 
dissemination of contagious diseases of livestock.
    (3) The person moving the articles must notify, in writing, the 
Plant Protection and Quarantine Officer at both the place in the United 
States where the articles will arrive and the port of export prior to 
such transit. The notification must include the:
    (i) United States Veterinary Permit for Importation and 
Transportation of Controlled Materials and Organisms and Vectors permit 
number;
    (ii) Times and dates of arrival in the United States;
    (iii) Times and dates of exportation from the United States;
    (iv) Mode of transportation; and
    (v) Serial numbers of the sealed containers.
    (4) The articles must transit the United States in Customs bond.

(Approved by the Office of Management and Budget under control number 
0579-0015)


Sec. 95.5  Untanned hides and skins; requirements for unrestricted 
entry.

    Untanned hides and/or skins of cattle, buffalo, sheep, goats, other 
ruminants, and swine that do not meet the conditions of requirements 
specified in any one of paragraphs (a) to (e) of this section may not 
be imported except subject to handling and treatment in accordance with 
Sec. 95.6 after arrival at the port of entry:
    (a) Hides or skins originating in and shipped directly from a 
region classified as a Risk Class RN, R1, or R2 region for foot-and-
mouth disease, rinderpest, lumpy skin disease (Neethling virus), Sheep 
pox, goat pox, African swine fever, hog cholera, or swine vesicular 
disease may be imported without further restriction.
    (b) Hides or skins may be imported without other restriction if 
found upon inspection by an inspector, or by certificate of the shipper 
or importer satisfactory to said inspector, to be hard dried hides or 
skins.
    (c) Abattoir hides or skins taken from animals slaughtered under 
national government inspection in a region 2 and in an abattoir in 
which is maintained an inspection service determined by the 
Administrator to be adequate to assure that they have been removed from 
animals found at time of slaughter to be free from anthrax, foot-and-
mouth disease, rinderpest, bovine spongiform encephalopathy, lumpy skin 
disease (Neethling virus), Sheep pox, goat pox, African swine fever, 
hog cholera, and swine vesicular disease, and to assure further the 
identity of such materials until loaded upon the transporting vessel, 
may be imported into the United States without other restriction if 
accompanied by a certificate bearing the seal of the proper department 
of such national government and signed by an official veterinary 
inspector of such region showing that the therein described hides or 
skins were taken from animals slaughtered in such specified abattoir 
and found free from anthrax, foot-and-mouth, rinderpest, bovine 
spongiform encephalopathy, lumpy skin disease (Neethling virus), Sheep 
pox, goat pox, African swine fever, hog cholera, and swine vesicular 
disease.
---------------------------------------------------------------------------

    \2\ Names of regions of this character will be furnished upon 
request made to the National Center for Import and Export, 
Veterinary Services, APHIS, 4700 River Road Unit 39, Riverdale, MD 
20737-1231.
---------------------------------------------------------------------------

    (d) Hides or skins may be imported without other restriction if 
shown upon inspection by an inspector, or by certificate of the shipper 
or importer satisfactory to said inspector, to have been pickled in a 
solution of salt

[[Page 17099]]

containing mineral acid and packed in barrels, casks, or tight cases 
while still wet with such solution.
    (e) Hides or skins may be imported without other restriction if 
shown upon inspection by an inspector, or by certificate of the shipper 
or importer satisfactory to said inspector, to have been treated with 
lime in such manner and for such period as to have become dehaired and 
to have reached the stage of preparation for immediate manufacture into 
products ordinarily made from rawhide.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.6  Untanned hides and skins; importations permitted subject to 
restrictions.

    Hides or skins imported or offered for importation into the United 
States that do not meet the conditions or requirements of Sec. 95.5 
shall be handled and treated in the following manner after arrival at 
the port of entry:
    (a) They shall be consigned from the coast or border port of 
arrival to an approved establishment and shall be subject to 
disinfection by such method or methods as the Administrator may 
prescribe unless the said establishment discharges drainage into an 
approved sewerage system or has approved chlorinating equipment 
adequate for the proper disinfection of effluents: provided, however, 
that, upon permission of the Administrator, such hides or skins may be 
stored for a temporary period in approved warehouses under bond, and 
under the supervision of an inspector: and provided further, that in-
transit or in-bond shipments of hides or skins may go forward under 
customs seals from a coast or border port of arrival, with the approval 
of an inspector at said port, to another port in the United States for 
consumption entry subject to the other provisions of this section.
    (b) They must be moved from the coast or border port of arrival or, 
in case of in-transit or in-bond shipments, from the interior port to 
the approved establishment in cars or trucks or in vessel compartments 
with no other materials contained therein, sealed with seals of the 
Department, that may not be broken except by inspectors or other 
persons authorized by the Administrator to do so, or without sealing as 
aforesaid and with other freight when packed in tight cases or casks 
acceptable to the inspector in charge at the port of entry.
    (c) They must be handled at the approved establishment under the 
direction of an inspector in a manner approved by the Administrator to 
guard against the dissemination of foot-and-mouth disease, rinderpest, 
bovine spongiform encephalopathy, lumpy skin disease (Neethling virus), 
Sheep pox, goat pox, African swine fever, hog cholera, and swine 
vesicular disease. They may not be removed therefrom except upon 
special permission of the Administrator, and upon compliance with all 
the conditions and requirements of this section relative to the 
movement of the said hides and skins from the port of arrival to the 
said establishment.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.7  Wool, hair, and bristles; requirements for unrestricted 
entry.

    Wool, hair, or bristles derived from ruminants and/or swine that do 
not meet the conditions or requirements specified in any one of 
paragraphs (a) to (d) of this section may not be imported except 
subject to handling and treatment in accordance with Sec. 95.8 after 
their arrival at the port of entry: provided, however, that no 
bloodstained wool, hair, or bristles may be imported under any 
condition:
    (a) Such wool, hair, or bristles may be imported without other 
restriction if originating in and shipped directly from a region 
classified as a Risk Class RN, R1, or R2 region for foot-and-mouth 
disease, rinderpest, lumpy skin disease (Neethling virus), Sheep pox, 
goat pox, African swine fever, hog cholera, and swine vesicular 
disease.
    (b) Wool or hair clipped from live animals or pulled wool or hair 
may be imported without other restriction if the said wool or hair is 
reasonably free from animal manure in the form of dung locks or 
otherwise.
    (c) Wool, hair, or bristles taken from sheep, goats, cattle, or 
swine, when such animals have been slaughtered under national 
government inspection in a region 3 and in an abattoir in which is 
maintained an inspection service determined by the Secretary of 
Agriculture to be adequate to assure that such materials have been 
removed from animals found at time of slaughter to be free from 
anthrax, foot-and-mouth disease, rinderpest, lumpy skin disease 
(Neethling virus), Sheep pox, goat pox, African swine fever, hog 
cholera, and swine vesicular disease, and to assure further the 
identity of such materials until loaded upon the transporting vessel, 
may be imported without other restriction if accompanied by a 
certificate bearing the seal of the proper department of said national 
government and signed by an official veterinary inspector of such 
region showing that the therein described wool, hair, or bristles were 
taken from animals slaughtered in such specified abattoir and found 
free from anthrax, foot-and-mouth disease, rinderpest, lumpy skin 
disease (Neethling virus), Sheep pox, goat pox, African swine fever, 
hog cholera, and swine vesicular disease.
---------------------------------------------------------------------------

    \3\ See footnote 2 in Sec. 95.5.
---------------------------------------------------------------------------

    (d) Wool, hair, or bristles that have been scoured, thoroughly 
washed, or dyed may be imported without other restriction.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.8  Wool, hair, and bristles; importations permitted subject to 
restrictions.

    Wool, hair, or bristles imported into the United States that do not 
meet the conditions or requirements of Sec. 95.7 must be handled and 
treated in the following manner after arrival at the port of entry:
    (a) Such wool, hair, or bristles must be consigned from the coast 
or border port of arrival to an approved establishment: provided, 
however, that upon permission by the Administrator, such wool, hair, or 
bristles may be stored for a temporary period in approved warehouses 
under bond and under the supervision of an inspector: and provided 
further, that in-transit or in-bond shipments of wool, hair, or 
bristles may go forward under customs seals from a coast or border port 
of arrival, with the approval of an inspector at said port, to another 
port for consumption entry, subject to the other provisions of this 
section.
    (b) Such wool, hair, or bristles must be moved from the coast or 
border port of arrival or, in the case of in-transit or in-bond 
shipments, from the interior port to the approved establishment in cars 
or trucks or in vessel compartments with no other materials contained 
therein, sealed with seals of the Department, that may not be broken 
except by inspectors or other persons authorized by the Administrator 
to do so, or without sealing as aforesaid and with other freight when 
packed in tight cases acceptable to an inspector.
    (c) Such wool, hair, or bristles must be handled at the approved 
establishment under the direction of an inspector, in a manner approved 
by the Administrator to guard against the dissemination of foot-and-
mouth disease, rinderpest, lumpy skin disease (Neethling virus), Sheep 
pox, goat pox, African swine fever, hog cholera, and swine vesicular 
disease. Such products may not be removed therefrom except upon special 
permission of the Administrator, and upon compliance with all the 
conditions and

[[Page 17100]]

requirements of this section relative to the movement of the said wool, 
hair, or bristles from the port of arrival to the said establishment.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.9  Glue stock; requirements for unrestricted entry.

    Glue stock that does not meet the conditions or requirements 
specified in any one of paragraphs (a) to (c) of this section may not 
be imported into the United States, except subject to handling and 
treatment in accordance with Sec. 95.10 after arrival at the port of 
entry:
    (a) Glue stock originating in and shipped directly from a region 
classified as a Risk Class RN, R1, or R2 region for foot-and-mouth 
disease, rinderpest, lumpy skin disease (Neethling virus), Sheep pox, 
goat pox, African swine fever, hog cholera, and swine vesicular disease 
may be imported without other restriction.
    (b) Glue stock may be imported without other restriction if found 
upon inspection by an inspector, or by certificate of the shipper or 
importer satisfactory to said inspector, to have been properly treated 
by acidulation or by soaking in milk of lime or a lime paste; or to 
have been dried so as to render each piece of the hardness of a sun-
dried hide.
    (c) Glue stock taken from cattle, sheep, goats, or swine 
slaughtered under national government inspection in a region and in an 
abattoir in which is maintained an inspection service determined by the 
Secretary of Agriculture to be adequate to assure that such materials 
have been removed from animals found at time of slaughter to be free 
from anthrax, foot-and-mouth disease, rinderpest, bovine spongiform 
encephalopathy, lumpy skin disease (Neethling virus), Sheep pox, goat 
pox, African swine fever, hog cholera, and swine vesicular disease, and 
to assure further the identity of such materials until loaded upon the 
transporting vessel, may be imported without other restriction if 
accompanied by a certificate bearing the seal of the proper department 
of said national government and signed by an official veterinary 
inspector of such country showing that the therein described glue stock 
was taken from animals slaughtered in such specified abattoir and found 
free from anthrax, foot-and-mouth disease, rinderpest, bovine 
spongiform encephalopathy, lumpy skin disease (Neethling virus), Sheep 
pox, goat pox, African swine fever, hog cholera, and swine vesicular 
disease.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.10  Glue stock; importations permitted subject to restrictions.

    Glue stock imported into the United States that does not meet the 
conditions or requirements of Sec. 95.9 must be handled and treated in 
the following manner after arrival at the port of entry:
    (a) It must be consigned from the coast or border port of arrival 
to an approved establishment and shall be subject to disinfection by 
such method or methods as the Administrator may prescribe, unless the 
said establishment discharges drainage into an approved sewerage system 
or has an approved chlorinating equipment adequate for the proper 
disinfection of effluents: Provided, however, that upon permission by 
the Administrator, glue stock may be stored for a temporary period in 
approved warehouses under bond and under the supervision of an 
inspector: And provided further, that in-transit or in-bond shipments 
of glue stock may go forward under customs seals from a coast or border 
port of arrival with the approval of an inspector at said port to 
another port for consumption entry, subject, after arrival at the 
latter port, to the other provisions of this section.
    (b) It must be moved from the coast or border port of arrival or, 
in case of in-transit or in-bond shipments, from the interior port to 
the approved establishment in cars or trucks or in vessel compartments 
with no other materials contained therein, sealed with seals of the 
Department, that may not be broken except by inspectors or other 
persons authorized by the Administrator to do so, or without sealing as 
aforesaid and with other freight when packed in tight cases or casks 
acceptable to an inspector at the port of entry.
    (c) It must be handled at the approved establishment under the 
direction of an inspector in a manner approved by the Administrator to 
guard against the dissemination of foot-and-mouth disease and 
rinderpest. It may not be removed therefrom except upon special 
permission of the Administrator, and upon compliance with all the 
conditions and requirements of this section relative to the movement of 
the said glue stock from the port of arrival to the said establishment.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.11  Bones, horns, and hoofs for trophies or museum; disinfected 
hoofs.

    (a) Clean, dry bones, horns, and hoofs, that are free from undried 
pieces of hide, flesh, and sinew and are imported as trophies or for 
consignment to museums may be imported without other restrictions.
    (b) Clean, dry, hoofs disinfected in the country of origin may be 
imported without other restrictions if the following conditions are 
met:
    (1) The hoofs have been disinfected using one of the following 
methods:
    (i) Dry heat at 180  deg.F (82.3  deg.C) for 30 minutes;
    (ii) Soaking in boiling water for 20 minutes;
    (iii) Soaking in a 0.1 percent chlorine bleach solution for 2 
hours;
    (iv) Soaking in a 5 percent acetic acid solution for 2 hours; or
    (v) Soaking in a 5 percent hydrogen peroxide solution for 2 hours.
    (2) The hoofs are accompanied by a certificate issued by the 
national government of the country of origin and signed by an official 
veterinary inspector of that country stating that the hoofs have been 
disinfected and describing the manner in which the disinfection was 
accomplished.


Sec. 95.12  Bones, horns, and hoofs; importations permitted subject to 
restrictions.

    Bones, horns, and hoofs, imported into the United States, that do 
not meet the conditions or requirements of Sec. 95.11 must be handled 
and treated in the following manner after arrival at the port of entry:
    (a) They must be consigned from the coast or border port of arrival 
to an approved establishment having facilities for their disinfection 
or their conversion into products customarily made from bones, horns, 
or hoofs: provided, however, that in-transit or in-bond shipments of 
bones, horns, or hoofs may go forward under customs seals from a coast 
or border port of arrival, with the approval of an inspector at said 
port, to another port for consumption entry subject to the other 
provisions of this section.
    (b) They must be moved from the coast or border port of arrival or, 
in the case of in-transit or in-bond shipments, from the interior port 
to the approved establishment in cars or trucks with no other materials 
contained therein, sealed with seals of the Department, that may not be 
broken except by inspectors or other persons authorized by the 
Administrator to do so, or without sealing as aforesaid and with other 
freight when packed in tight cases or casks acceptable to an inspector 
at the port of entry.
    (c) They must be handled at the approved establishment under the 
direction of an inspector, in a manner to guard against the 
dissemination of

[[Page 17101]]

anthrax, foot-and-mouth disease, rinderpest, lumpy skin disease 
(Neethling virus), Sheep pox, goat pox, African swine fever, hog 
cholera, and swine vesicular disease, and the bags, burlap, or other 
containers thereof, before leaving the establishment, must be 
disinfected by heat or otherwise, as directed by the Administrator, or 
burned at the establishment. They may not be removed therefrom except 
upon special permission of the Administrator, and upon compliance with 
all the conditions and requirements of this section relative to the 
movement of the said bones, horns, and hoofs.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.13  Bone meal for use as fertilizer or as feed for domestic 
animals; requirements for entry.

    Steamed or degelatinized or special steamed bone meal, that, in the 
normal process of manufacture, has been prepared by heating bone under 
a minimum of 20 pounds steam pressure for at least one hour at a 
temperature of not less than 250  deg.F (121  deg.C), may be imported 
into the United States without further restrictions for use as 
fertilizer or as feed for domestic animals if such products are free 
from pieces of bone, hide, flesh, and sinew and contain no more than 
traces of hair and wool. Bone meal for use as fertilizer or as feed for 
domestic animals that does not meet these requirements will not be 
eligible for entry.


Sec. 95.14  Blood meal, tankage, meat meal, and similar products, for 
use as fertilizer or animal feed; requirements for entry.

    Dried blood or blood meal, lungs or other organs, tankage, meat 
meal, wool waste, wool manure, and similar products, for use as 
fertilizer or as feed for domestic animals, may not be imported into 
the United States except subject to handling and treatment in 
accordance with paragraphs (a), (b), and (c) of Sec. 95.16, unless:
    (a) Such products originated in and were shipped directly from a 
region classified as a Risk Class RN, R1, or R2 region for foot-and-
mouth disease, rinderpest, bovine spongiform encephalopathy, lumpy skin 
disease (Neethling virus), Sheep pox, goat pox, African swine fever, 
hog cholera, and swine vesicular disease; or
    (b) The inspector at the port of entry finds that such products 
have been fully processed by tanking under live steam or by dry 
rendering.


Sec. 95.15  Blood meal, blood albumin, intestines, and other animal 
byproducts for industrial use; requirements for unrestricted entry.

    Blood meal, blood albumin, bone meal, intestines, or other animal 
materials intended for use in the industrial arts may not be imported 
into the United States except subject to handling and treatment in 
accordance with Sec. 95.16, unless such products originated in and were 
shipped directly from a region classified as Risk Class RN, R1, or R2 
region for foot-and-mouth disease, rinderpest, bovine spongiform 
encephalopathy, lumpy skin disease (Neethling virus), Sheep pox, goat 
pox, African swine fever, hog cholera, and swine vesicular disease.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.16  Blood meal, blood albumin, intestines, and other animal 
byproducts for industrial use; importations permitted subject to 
restrictions.

    Blood meal, blood albumin, bone meal, intestines, or other animal 
materials intended for use in the industrial arts, that do not meet the 
conditions or requirements of Sec. 95.15 must be handled and treated in 
the following manner after arrival at the port of entry:
    (a) They must be consigned from the coast or border port of arrival 
to an approved establishment: provided, however, that upon permission 
by the Administrator, they may be stored for a temporary period in 
approved warehouses under bond and under the supervision of an 
inspector: and provided further, that in-transit or in-bond shipments 
of such products may go forward under customs seals from a coast or 
border port of arrival, with the approval of an inspector at said port, 
to another port of consumption entry, subject after arrival at the 
latter port to the other provisions of this section.
    (b) They must be moved from the coast or border port of arrival or, 
in the case of in-transit or in-bond shipments, from the interior port 
to the approved establishment in cars or trucks or in vessel 
compartments with no other materials contained therein, sealed with 
seals of the Department, that may not be broken except by inspectors or 
other persons authorized by the Administrator to do so, or without 
sealing as aforesaid and with other freight when packed in tight cases 
or casks acceptable to an inspector at the port of entry.
    (c) They must be handled at the approved establishment under the 
direction of an inspector in a manner to guard against the 
dissemination of foot-and-mouth disease, rinderpest, bovine spongiform 
encephalopathy, lumpy skin disease (Neethling virus), Sheep pox, goat 
pox, African swine fever, hog cholera, and swine vesicular disease. 
They may not be removed therefrom except upon special permission of the 
Administrator, and upon compliance with all the conditions and 
requirements of this section relative to the movement of the said 
products from the port of arrival to the said establishment.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.17  Glands, organs, ox gall, and like materials; requirements 
for unrestricted entry.

    Glands, organs, ox gall or bile, bone marrow, and various like 
materials derived from domestic ruminants or swine, intended for use in 
the manufacture of pharmaceutical products may not be imported except 
subject to handling and treatment in accordance with Sec. 95.18, unless 
such glands, organs, or materials originated in and were shipped 
directly from a region classified as a Risk Class RN, R1, or R2 region 
for foot-and-mouth disease, rinderpest, bovine spongiform 
encephalopathy, lumpy skin disease (Neethling virus), Sheep pox, goat 
pox, African swine fever, hog cholera, and swine vesicular disease.


Sec. 95.18  Glands, organs, ox gall, and like materials; importations 
permitted subject to restrictions.

    Glands, organs, ox gall or bile, bone marrow, and various like 
materials derived from domestic ruminants or swine, that do not meet 
the requirements of Sec. 95.17 may be imported for pharmaceutical 
purposes only if they are in tight containers and consigned to an 
approved establishment: provided, however, that upon special permission 
of the Administrator, they may be stored for a temporary period in 
approved warehouses under bond and under the supervision of an 
inspector. They must be handled and processed at the said establishment 
in a manner approved by the Administrator, and the containers must be 
destroyed or disinfected as prescribed by him or her. They shall not be 
removed therefrom except upon special permission of the Administrator, 
and upon compliance with all the conditions and requirements of this 
section relative to the movement of the said glands, organs, ox gall, 
and like materials from the port of arrival to the said establishment.

(Approved by the Office of Management and Budget under control 
number 0579-0015)

[[Page 17102]]

Sec. 95.19  Animal stomachs.

    Stomachs or portions of the stomachs of ruminants or swine, other 
than those imported for food purposes under the meat-inspection 
regulations of the Department, may not be imported into the United 
States without permission from the Administrator. Importations 
permitted shall be subject to such restrictions as the Administrator 
may deem necessary in each instance.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.20  Animal manure.

    Manure of horses, cattle, sheep, other ruminants, and swine may not 
be imported except upon permission from the Administrator. Importations 
permitted shall be subject to such restrictions as the Administrator 
may deem necessary in each instance: Provided, however, That manure 
produced by animals while in transit to the United States shall be 
subject only to the requirements of the Department regulations 
governing the importation of livestock and other animals.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.21  Hay and straw; requirements for unrestricted entry.

    Except as provided in Sec. 95.28, hay or straw may not be imported 
into the United States except subject to handling and treatment in 
accordance with Sec. 95.22 after arrival at the port of entry, unless 
such hay or straw originated in and was shipped directly from a region 
classified as a Risk Class RN, R1, or R2 region for foot-and-mouth 
disease, rinderpest, lumpy skin disease (Neethling virus), Sheep pox, 
goat pox, African swine fever, hog cholera, swine vesicular disease, 
and restricted ectoparasites.


Sec. 95.22  Hay and straw; importations permitted subject to 
restrictions.

    Except as provided in Sec. 95.28, hay or straw that does not meet 
the conditions or requirements of Sec. 95.21 must be handled and 
treated in the following manner upon arrival at the port of entry:
    (a) Hay or straw packing materials must be burned or disinfected at 
the expense of the importer or consignee in the manner and within the 
time directed by the Administrator to prevent the introduction of 
disease.
    (b) Hay or straw for use as feeding material, bedding, or similar 
purposes must be stored and held in quarantine for a period of not less 
than 90 days in an approved warehouse at the port of entry and must be 
otherwise handled as directed by the Administrator to prevent the 
introduction of disease.


Sec. 95.23  Previously used meat covers; importations permitted subject 
to restrictions.

    Cloth or burlap that has been used to cover fresh or frozen meats 
originating in any region classified as a Risk Class R3, R4, or RU 
region for rinderpest, foot-and-mouth disease, lumpy skin disease 
(Neethling virus), Sheep pox, goat pox, African swine fever, hog 
cholera, and swine vesicular disease may not be imported into the 
United States except under the following conditions:
    (b) The cloth or burlap must be consigned from the coast or border 
port of arrival to an establishment specifically approved for the 
purpose by the Administrator.
    (c) The cloth or burlap must be immediately moved from the coast or 
border port of arrival, or in the case of in-transit or in-bond 
shipments from the interior port, to the approved establishment, in 
railroad cars or trucks, or in vessel compartments, with no other 
material contained therein, sealed with seals of the Department, that 
may not be broken, except by inspectors or other persons authorized by 
the Administrator: provided, however, that upon permission of the 
Administrator, such cloth or burlap may be stored for a temporary 
period in approved warehouses at the port of arrival under bond and 
under the supervision of an inspector. The material must be disinfected 
and otherwise handled at the establishment under the direction of an 
inspector in a manner approved by the Administrator to guard against 
the dissemination of foot-and-mouth disease, rinderpest, lumpy skin 
disease (Neethling virus), Sheep pox, goat pox, African swine fever, 
hog cholera, and swine vesicular disease, and the material may not be 
removed therefrom, except upon special permission of the Administrator, 
until all of the conditions and requirements of this section have been 
complied with.

(Approved by the Office of Management and Budget under control 
number 0579-0015)


Sec. 95.24  Methods for disinfection of hides, skins, and other 
materials.

    Hides, skins, and other materials required by the regulations in 
this part to be disinfected must be subjected to disinfection by 
methods found satisfactory and approved by the Administrator.


Sec. 95.25  Transportation of restricted import products; placarding 
cars and marking billing; unloading enroute.

    (a) Transportation companies or other operators of cars, trucks or 
other vehicles carrying import products or materials moving under 
restriction, other than those in tight cases or casks, must affix to 
and maintain on both sides of all such vehicles durable placards not 
less than 5\1/2\ by 6 inches in size, on which must be printed with 
permanent black ink and in boldface letters not less than 1\1/2\ inches 
in height the words ``Restricted import product.'' These placards must 
also bear the words ``Clean and disinfect this car or truck.'' Each of 
the waybills, conductors' manifests, memoranda, and bills of lading 
pertaining to such shipments must have the words ``Restricted import 
product, clean and disinfect car or truck,'' plainly written or stamped 
upon its face. If for any reason the placards required by this section 
have not been affixed to each car, or the billing has not been marked 
by the initial or the connecting carrier, or the placards have been 
removed, destroyed, or rendered illegible, the placards must be 
immediately affixed or replaced and the billing marked by the initial 
or connecting carrier, the intention being that the billing 
accompanying the shipment must be marked and each car, truck or other 
vehicle placarded as specified in this section from the time such 
shipment leaves the port of entry until it is unloaded at final 
destination and the cars, trucks or other vehicles are cleaned and 
disinfected as required by Sec. 95.26.
    (b) If it is necessary to unload enroute any of the materials or 
products transported in a placarded car, truck or other vehicle as 
provided in this section, the car, truck or other vehicle from which 
the transfer is made and any part of the premises in or upon which the 
product or material may have been placed in the course of unloading or 
reloading must be cleaned and disinfected by the carrier, in accordance 
with the provisions of Sec. 95.26, and the said carrier must 
immediately report the matter, by telephone or FAX, to the Import/
Export Products Staff, National Center for Import Export, APHIS, USDA, 
Telephone: 301-734-3294. Such report must include the following 
information: Nature of emergency; place where product or material was 
unloaded; original points of shipment and destination; number and 
materials of the original car or truck; and number and initials of the 
car, truck or other vehicle into which the product or material is 
reloaded in case the original car or truck is not used.

(Approved by the Office of Management and Budget under control 
number 0579-0015)

[[Page 17103]]

Sec. 95.26  Railroad cars, trucks, boats, aircraft and other means of 
conveyance, equipment or containers, yards, and premises; cleaning and 
disinfection.

    Railroad cars, trucks, boats, aircraft and other means of 
conveyance, equipment or containers, yards, and premises that have been 
used in the transportation, handling, or storing of restricted import 
products or materials, other than those contained in leakproof cases or 
casks, must be cleaned and disinfected with a disinfectant approved for 
use in this part under the supervision of an inspector within the time 
and in the manner provided in this section. Except as provided in 
paragraph (a) of this section, such railroad cars, trucks, boats, 
aircraft and other means of conveyance, equipment or containers, may 
not be moved in interstate or foreign commerce until they have been so 
treated.
    (a) Cars to be cleaned and disinfected by final carrier at 
destination. Cars required by this part to be cleaned and disinfected 
must be so treated by the final carrier at destination as soon as 
possible after unloading and before the same are moved from such final 
destination for any purpose: Provided, however, That when the products 
or materials are destined to points at which an inspector or other 
authorized representative of APHIS is not maintained or present or 
where proper facilities cannot be provided, the transportation company 
must seal, bill, and forward the cars in which the products or 
materials were transported to a point to be agreed upon between the 
transportation company and APHIS, and the transportation company must 
there clean and disinfect the said cars under the supervision of an 
inspector.
    (b) Methods of cleaning and disinfecting. (1) Railroad cars, 
trucks, aircraft and means of conveyance other than boats, equipment or 
containers, required by this part to be cleaned and disinfected must be 
treated in the following manner: Collect all litter and other refuse 
therefrom and destroy by burning or other method approved by the 
Administrator; clean the exterior and interior of the cars or trucks, 
and the areas of the aircraft or other means of conveyance, equipment 
or containers that may have been contaminated; and saturate the entire 
surface with a permitted disinfectant approved for use in this part.
    (2) Boats required by this part to be cleaned and disinfected must 
be treated in the following manner: Collect all litter and other refuse 
from the decks, compartments, and all other parts of the boat used for 
the transportation of the products or materials covered by this part, 
and from the portable chutes or other appliances, fixtures or areas 
used in loading and unloading same, and destroy the litter and other 
refuse by burning or by other methods approved by the Administrator, 
and saturate the entire surface of the said decks, compartments, and 
other parts of the boat with a permitted disinfectant approved for use 
in this part.
    (3) Buildings, sheds, and premises required by this part to be 
disinfected must be treated in the following manner: Collect all litter 
and other refuse therefrom and destroy the same by burning or other 
approved methods, and saturate the entire surface of the fencing, 
chutes, floors, walls, and other parts with a permitted disinfectant 
approved for use in this part.
    (c) Permitted disinfectants. The disinfectants permitted for use in 
disinfecting railroad cars, trucks, boats, aircraft and other means of 
conveyance, equipment or containers, yards, and premises against 
infection of foot-and-mouth disease, rinderpest, lumpy skin disease 
(Neethling virus), Sheep pox, goat pox, African swine fever, hog 
cholera, and swine vesicular disease are freshly prepared solutions of:
    (1) Sodium carbonate (4 percent) in the proportion of 1 pound to 3 
gallons of water;
    (2) Sodium carbonate (4 percent) plus sodium silicate (0.1 percent) 
in the proportion of 1 pound of sodium carbonate plus sodium silicate 
to 3 gallons of water; or
    (3) Sodium hydroxide (Lye) prepared in a fresh solution in the 
proportion of not less than 1 pound avoirdupois of sodium hydroxide of 
not less than 95 percent purity to 6 gallons of water, or one 13\1/2\-
ounce can to 5 gallons of water.4
---------------------------------------------------------------------------

    \4\ Due to the extreme caustic nature of sodium hydroxide 
solution, precautionary measures such as the wearing of rubber 
gloves, boots, raincoat and goggles should be observed. An acid 
solution such as vinegar shall be kept readily available in case any 
of the sodium hydroxide should come in contact with the body.
---------------------------------------------------------------------------

    (d) Permitted disinfectants against ticks. The disinfectants 
permitted for use against tick infestation are liquefied phenol (U. S. 
P. strength 87 percent phenol) in the proportion of at least 6 fluid 
ounces to one gallon of water; or chlorinated lime (U. S. P. strength 
30 percent available chlorine) in the proportion of one pound to three 
gallons of water; or any one of the cresylic disinfectants permitted by 
APHIS in Secs. 71.10 and 71.11 of this chapter, in the proportion of at 
least four fluid ounces to one gallon of water; or through application 
of boiling water if the treatment is against rinderpest, or foot-and-
mouth disease, lumpy skin disease (Neethling virus), Sheep pox, goat 
pox, African swine fever, hog cholera, and swine vesicular disease and 
tick infestation; or other disinfectants or treatments approved by the 
Administrator.


Sec. 95.27  Regulations applicable to products from Territorial 
possessions.

    The regulations in this part shall be applicable to all the 
products and materials specified in this part that are imported into 
the United States from any place under the jurisdiction of the United 
States to which the animal-quarantine laws of this country do not 
apply.


Sec. 95.28  Hay or straw and similar material from tick-infested 
regions.

    Hay or straw, grass, or similar material from tick-infested 
pastures, ranges, or premises may disseminate the contagion of 
splenetic, Southern or Texas fever when imported for animal feed or 
bedding; therefore, such hay or straw, grass, or similar materials may 
not be imported into the United States from regions classified as Risk 
Class R3, R4, or RU regions for restricted ticks, unless such material 
is first disinfected with a disinfectant specified in Sec. 95.26(d).

PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS 
OFFERED FOR ENTRY INTO THE UNITED STATES

    53. The authority citation for part 96 would continue to read as 
follows:

    Authority: 21 U.S.C. 111, 136, 136a; 7 CFR 2.22, 2.80, and 
371.2(d).

    54. In Sec. 96.1, the definition of Administrator would be revised 
to read as follows:


Sec. 96.1  Definitions.

    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.
* * * * *
    55. Section 96.2 would be revised to read as follows:


Sec. 96.2  Casings from regions classified as Risk Class R3, R4, or RU 
for African swine fever or bovine spongiform encephalopathy.

    (a) The importation of swine casings that originated in or were 
processed in a region that is classified as Risk Class R3, R4, or R4 
for African swine fever is prohibited, with the following exception: 
Swine casings that originated

[[Page 17104]]

in a region designated as Risk Class RN, R1, or R2 for African swine 
fever may be processed in a region classified as R3, R4, or RU for 
African swine fever, if processed in an establishment that meets the 
criteria set forth in Sec. 94.5(d) of this chapter.
    (b) The importation of ruminant casings that originated in or were 
processed in any region that is classified as Risk Class R3, R4, or RU 
for bovine spongiform encephalopathy is prohibited, except for bovine 
stomachs.


Sec. 96.3  [Amended]

    56. Section 96.3, paragraph (a), would be amended by removing the 
words ``foreign country'' and adding in their place the words ``foreign 
region''.
    57. Section 96.10 would be 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:
* * * * *
    58. Sections 96.15 and 96.16 would be removed.

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

    59. The authority citation for part 98 would continue 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).

    60. In part 98, the heading for subpart A would be revised to read:

Subpart A--Ruminant and Swine Embryos from Regions Classified as 
Risk Class RN, R1, or R2 for Rinderpest and Foot-and-Mouth Disease; 
and Embryos of Horses and Asses

    61. In Sec. 98.3, the introductory text, paragraph (a), and 
paragraph (f) would be revised to read as follows:


Sec. 98.3  General conditions.

    Except as provided in subpart B of this part, an animal embryo 
shall not be imported into the United States unless it is from a region 
that is classified as Risk Class RN, R1, or R2 for rinderpest and foot-
and-mouth disease, and:
    (a) The embryo is exported to the United States from the region in 
which it was conceived;
* * * * *
    (f) There is no basis for denying an import permit for the donor 
sire or donor dam under Sec. 93.304(a)(2) of this chapter for horses, 
Sec. 93.404(a)(2) of this chapter for ruminants, and Sec. 93.504(a)(2) 
of this chapter for swine;
* * * * *


Sec. 98.4  [Amended]

    62. In Sec. 98.4, paragraphs (c)(1) and (c)(5), the word 
``country'' would be removed and the word ``region'' would be added in 
its place.
    63. Section 98.6 would be revised to read as follows:


Sec. 98.6  Ports of entry.

    An embryo shall not be imported into the United States unless at a 
port of entry listed in Sec. 93.303 of this chapter for horses, 
Sec. 93.403 of this chapter for ruminants, or Sec. 92.503 of this 
chapter for swine.


Sec. 98.7  [Amended]

    64. In Sec. 98.7, paragraph (g) would be amended by removing the 
word ``country'' and adding the word ``region'' in its place.
    65. In part 98, the heading for subpart B would be revised to read:

Subpart B--Ruminant and Swine Embryos from Regions Classified as 
Risk Class R3, R4, or RU for Rinderpest or Foot-and-Mouth Disease

    66. Section 98.12, paragraph (a), would be revised to read as 
follows:


Sec. 98.12  General prohibitions.

    (a) Ruminant and swine embryos may not be imported from regions 
that are classified as Risk Class R3, R4, or RU for rinderpest or foot-
and-mouth disease, except in accordance with this subpart.
* * * * *
    67. Section 98.13, paragraph (a), would be revised to read as 
follows:


Sec. 98.13  Import permit.

    (a) Ruminant and swine embryos and all test samples required by 
this subpart may be imported into the United States from regions that 
are classified as Risk Class R3, R4, or RU for rinderpest or foot-and-
mouth disease only if accompanied by import permits issued by the 
Animal and Plant Health Inspection Service (APHIS).
* * * * *
    68. In Sec. 98.14, the introductory text to paragraph (a) would be 
revised to read as follows:


Sec. 98.14  Health certificate.

    (a) Ruminant and swine embryos may be imported into the United 
States from a region that is classified as R3, R4, or RU for rinderpest 
or foot-and-mouth disease only if accompanied by a health certificate 
issued by:
* * * * *
    69. In Sec. 98.15, paragraph (a)(5)(ii) would be amended by 
removing the word ``country'' and replacing it with the word ``region'' 
and the introductory text of the section would be revised to read as 
follows:


Sec. 98.15  Health requirements.

    Ruminant and swine embryos may be imported from a region that is 
classified as Risk Class R3, R4, or RU for rinderpest or foot-and-mouth 
disease only if all of the following conditions are met:
* * * * *
    70. In Sec. 98.16, the introductory text, the first sentence would 
be revised to read as follows:


Sec. 98.16  The embryo collection unit.

    Ruminant and swine embryos may be imported into the United States 
from a region that is classified as R3, R4, or RU for rinderpest or 
foot-and-mouth disease only if they were conceived, collected, 
processed, and stored prior to importation at an embryo collection 
unit. * * *
* * * * *


Sec. 98.17  [Amended]

    71. In Sec. 98.17, paragraphs (f)(6)(i) and (f)(6)(ii) would be 
amended by removing the word ``country'' each time it appears, and 
adding in its place the word ``region.''
    72. Section 98.34 would be amended as follows:
    a. The word ``country'' would be removed and the word ``region'' 
would be added in its place in the following places:
    i. Paragraph (a)(1), each time it appears;
    ii. Paragraph (a)(3), each time it appears;
    iii. Paragraph (c)(1)(ii);
    iv. Paragraph (c)(3);
    v. Paragraph (c)(4); and
    vi. Paragraph (c)(5).
    b. Paragraph (a)(2) would be revised to read as set forth below.
    c. Paragraph (c), the heading and introductory text, would be 
revised to read as set forth below:

[[Page 17105]]

Sec. 98.34  Import permits for poultry semen and animal semen.

    (a) * * *
    (2) An application for permit to import animal semen will be denied 
for semen from ruminants or swine from any region that is classified as 
Risk Class R3, R4, or RU for foot-and-mouth disease or rinderpest, 
except as provided in paragraph (c) of this section.
* * * * *
    (c) Animal semen from regions classified as Risk Class R3, R4, or 
RU for foot-and-mouth disease or rinderpest. Importation of semen of 
ruminants or swine, originating in any region that is classified as 
Risk Class R3, R4, or RU for foot-and-mouth disease or rinderpest is 
prohibited, except that semen from ruminants or swine originating in 
such a region may only be imported into the United States at the port 
of New York and later released from such port, provided the following 
conditions have been fulfilled:
* * * * *
    Done in Washington, DC, this 26th day of March 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-9027 Filed 4-17-96; 8:45 am]
BILLING CODE 3410-34-P