[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24802-24804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11884]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 96-076-2]


Pork and Pork Products From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule allows fresh, chilled, and frozen pork and 
pork products from the Mexican State of Baja California to transit the 
United States, under certain conditions, for export to another country. 
Previously, we allowed such pork and pork products only from the 
Mexican States of Sonora, Chihuahua, and Yucatan to transit the United 
States for export. Otherwise, fresh, chilled, or frozen pork and pork 
products are prohibited movement into the United States from Mexico 
because of hog cholera in Mexico. Baja California has not had an 
outbreak of hog cholera since 1985 and we believe 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. This action will facilitate trade.

EFFECTIVE DATE: May 7, 1997.

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

[[Page 24803]]

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. 
Prior to the effective date of this final rule, only pork and pork 
products from Sonora, Chihuahua, and Yucatan, Mexico, were eligible to 
transit the United States in accordance with Sec. 94.15.
    On December 31, 1996, we published in the Federal Register (61 FR 
69052-69054, Docket No. 96-076-1) a proposal to amend the regulations 
by allowing pork and pork products from the Mexican State of Baja 
California to transit the United States for export under the same 
conditions as pork and pork products from Sonora, Chihuahua, and 
Yucatan.
    These conditions were set forth 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 the Animal and Plant Health Inspection 
Service (APHIS).
    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 solicited comments concerning our proposal for 60 days ending 
March 3, 1997. We received two comments by that date. They were from a 
domestic pork industry group and a veterinary association. One 
commenter agreed with the proposed rule. The other commenter commended 
the efforts of Mexican pork producers and the Mexican Government in 
their hog cholera eradication efforts, stated support for the 
principles of regionalization outlined in the proposed rule, 
reemphasized the importance of surveillance and control measures to 
minimize the risk of transmitting hog cholera to the U.S. swine 
population, and discussed a related trade issue. The commenter did not 
recommend any clarification or changes to the proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions no longer found to 
be warranted. Therefore, the Administrator of the Animal and Plant 
Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This rule allows fresh, chilled, and frozen pork and pork products 
from the Mexican State of Baja California to transit the United States, 
under certain conditions, for export to another country.
    There has not been an outbreak of hog cholera in Baja California, 
Mexico, since 1985. Therefore, 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 proper 
handling during transport, the risk of exposure to hog cholera from 
pork in transit from Mexico through the United States should 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 will 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 are 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 rule.
    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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    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 final rule have been 
approved by the Office of Management and Budget (OMB). The assigned OMB 
control number is 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 is amended as follows:

[[Page 24804]]

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

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

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).

    2. In Sec. 94.15, paragraph (b), the introductory text and 
paragraph (b)(2) are amended by adding the words ``Baja California,'' 
immediately before the word ``Chihuahua''.
    3. Section 94.15 is amended by adding the following phrase at the 
end of the section:

``(Approved by the Office of Management and Budget under control 
number 0579-0040)''.
    Done in Washington, DC, this 30th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-11884 Filed 5-6-97; 8:45 am]
BILLING CODE 3410-34-P