[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Proposed Rules]
[Pages 69052-69054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33117]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 96-076-1]


Pork and Pork Products from Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow fresh, chilled, and frozen pork and 
pork products from the Mexican State of Baja California to transit the 
United States, under certain conditions, for export to another country. 
Currently, we allow such pork and pork products from the Mexican States 
of Sonora, Chihuahua, and Yucatan to transit the United States for 
export. Otherwise, the movement of fresh, chilled, or frozen pork and 
pork products into the United States from Mexico is prohibited because 
of hog cholera in Mexico. Baja California has not had an outbreak of 
hog cholera since 1985 and it appears that fresh, chilled, and frozen 
pork and pork products from Baja California could transit the United 
States under seal with minimal risk of introducing hog cholera.

DATES: Consideration will be given only to comments received on or 
before March 3, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-076-1, 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. 96-076-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff 
Veterinarian, Animals Program, National Center for Import and Export, 
VS, APHIS, USDA, 4700 River Road Unit 39, Riverdale, MD 20737-1231, 
(301) 734-5034.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals 
and animal products into the United States to prevent the introduction 
of certain animal diseases. Section 94.9 of the regulations prohibits 
the importation of pork and pork products into the United States from 
countries where hog cholera exists, unless the pork or pork products 
have been treated in one of several ways, all of which involve heating 
or curing and drying.
    Because hog cholera exists in Mexico, pork and pork products from 
Mexico must meet the requirements of Sec. 94.9 to be imported into the 
United States. However, under Sec. 94.15, pork and pork products that 
are from certain Mexican States and that are not eligible for entry 
into the United States in accordance with the regulations may transit 
the United States for immediate export if certain conditions are met. 
This provision was added to the regulations in 1992, following a United 
States Department of Agriculture investigation of the hog cholera 
situation in Sonora, Mexico, and a determination that pork and pork 
products from Sonora could transit the United States, under certain 
conditions, with minimal risk of introducing hog cholera. The Mexican 
State of Chihuahua was included in this provision in a final rule 
published in the Federal Register on November 15, 1995 (60 FR 57313-
57315, Docket No. 95-037-2). The Mexican State of Yucatan was included 
in this provision in a final rule published in the Federal Register on 
June 25, 1996 (61 FR 32646-32647, Docket No. 95-093-2).
    Mexico's Director of Animal Health has requested that we allow pork 
and pork products from the Mexican State of Baja California to transit 
the United States for export under the same conditions that currently 
apply to pork and pork products from Sonora, Chihuahua, and Yucatan. In 
response, officials of the Animal and Plant Health Inspection Service 
(APHIS) met in August 1996 in Baja California with Mexican 
representatives knowledgeable in disease prevention, epidemiology, and 
diagnostic methods. The team reviewed the hog cholera situation in Baja 
California (discussed below) and recommended granting Mexico's request.
    The last outbreak of hog cholera in the Mexican State of Baja 
California occurred in March 1985. Vaccination for hog cholera was 
discontinued in 1986. Mexico officially recognized Baja

[[Page 69053]]

California as free of hog cholera on October 16, 1991.
    The team found three factors contributing to Baja California's 
apparent successes in remaining free of hog cholera: The lack of any 
significant swine production in the State of Baja California; Baja 
California's location; and controls by Mexico's Division of Animal 
Health on the movement into Baja California of pork, pork products, and 
live swine.
    There is little swine production in Baja California. Pork processed 
in Baja California is obtained primarily from the Mexican State of 
Sonora and from the United States. There are only two Federal 
inspection system Tipo de Internacional Federal (TIF) plants that 
handle pigs in the State of Baja California. Of these facilities, one 
is a slaughter plant that kills an average of 200 pigs per week, and 
the other is a processing plant that receives mostly frozen carcasses 
from either a TIF plant in Sonora or from the United States.
    Baja California is bordered on the north and northwest by the 
United States and the Mexican State of Sonora, which are both free of 
hog cholera. To the west of Baja California is the Pacific Ocean and to 
the east is the Gulf of California. South of Baja California is the 
Mexican State of Baja California Sur, which was declared hog cholera 
free by Mexico in May of 1994.
    As required by the Mexican Government, Baja California and other 
States recognized by Mexico as free of hog cholera may only import live 
swine and pork from other hog cholera-free States and countries. The 
Mexican Government requires shipments from hog cholera-free countries 
to be accompanied by a certificate of origin issued by that country's 
veterinary authorities and by a certificate of import issued by the 
Mexican veterinary authorities. Baja California and other States 
recognized by Mexico as being free of hog cholera also require and 
issue their own permits and health certificates, further ensuring that 
the products originate in a hog cholera-free area. In addition, live 
swine and pork imported into these hog cholera-free States must be 
shipped in sealed trucks, and all shipments are inspected at inspection 
stations located either on State lines or at international ports of 
entry.
    Under these circumstances, we believe that there would be little, 
if any, risk of introducing hog cholera into the United States by 
allowing pork and pork products from Baja California to transit the 
United States for export under the same conditions that currently apply 
to pork and pork products from Sonora, Chihuahua, and Yucatan.
    As applied to pork and pork products from Baja California, these 
conditions would be as follows:
    1. Any person wishing to transport pork or pork products from Baja 
California through the United States for export must first obtain a 
permit for importation from APHIS. The application for the permit tells 
APHIS who will be involved in the transportation, how much and what 
type of pork and pork products will be transported, when they will be 
transported, and the method and route of shipment.
    2. The pork or pork products must be packaged in Baja California in 
a leakproof container and sealed with a serially numbered seal approved 
by APHIS. The container must remain sealed at all times while 
transiting the United States.
    3. The person moving the pork or pork products through the United 
States must inform the APHIS officer at the United States port of 
arrival, in writing, of the following information before the pork or 
pork products arrive in the United States: The time and date that the 
pork or pork products are expected at the port of arrival in the United 
States, the time schedule and route of the shipments through the United 
States, the permit number, and the serial numbers of the seals on the 
containers.
    4. The pork or pork products must transit the United States under 
Customs bond.
    5. The pork or pork products must be exported from the United 
States within the time period specified on the permit.
    Any pork or pork products exceeding the time limit specified on the 
permit or transiting in violation of any of the requirements of the 
permit or the regulations may be destroyed or otherwise disposed of at 
the discretion of the Administrator, APHIS, pursuant to section 2 of 
the Act of February 2, 1903, as amended (21 U.S.C. 111).
    We believe that applying these same safeguards to shipments of pork 
and pork products from Baja California would prevent tampering with the 
shipments, ensure that the shipments actually leave the United States, 
and otherwise ensure that shipments would not present a risk of 
introducing hog cholera into the United States. Therefore, we are 
proposing to amend Sec. 94.15 to allow pork and pork products from the 
Mexican State of Baja California to transit the United States for 
export under the same conditions that currently apply to pork and pork 
products from Sonora, Chihuahua, and Yucatan.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would allow fresh, chilled, and frozen pork and 
pork products from the Mexican State of Baja California to transit the 
United States, under certain conditions, for export to another country.
    There appears to be little risk of hog cholera exposure from 
shipments of pork and pork products from Baja California transiting the 
United States. Assuming that proper risk management techniques continue 
to be applied in Mexico, and that accident and exposure risk would be 
minimized by proper handling during transport, the risk of exposure to 
hog cholera from pork in transit from Mexico through the United States 
would be minimal.
    Shipments of pork and pork products from Baja California transiting 
the United States could economically benefit some U.S. entities as a 
result of this rulemaking since they would be involved in the 
transportation of the pork and pork products within the United States 
(from the port of entry to the port of embarkation). The additional 
economic activity from such trucking activities is estimated to be no 
more than $49,250 per year, assuming 200 trips per year would be made, 
which is approximately the level of current shipments from Sonora 
through the United States. No interagency or governmental effects are 
expected in connection with this proposal.
    Mexico is a net pork importer, with Mexican imports representing 7 
to 8 percent of production. With favorable income growth expected in 
Mexico due to trade liberalization, pork exports are expected to be 
limited. Furthermore,
    facilitating export opportunities for the Mexican pork industry may 
provide incentives for continued efforts to eradicate hog cholera from 
infected Mexican States where it still exists.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and

[[Page 69054]]

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

    The information collection and recordkeeping requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) included in 
this proposed rule have been approved under OMB control number 0579-
0040.

List of Subjects in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.
    Accordingly, 9 CFR part 94 would be amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE 
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: 
PROHIBITED AND RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 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. 94.15  [Amended]

    2. In Sec. 94.15, paragraph (b), the introductory text and 
paragraph (b)(2) would be amended by adding the words ``Baja 
California,'' immediately before the word ``Chihuahua''.

    Done in Washington, DC, this 20th day of December 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-33117 Filed 12-30-96; 8:45 am]
BILLING CODE 3410-34-P