[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Proposed Rules]
[Pages 50014-50015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24050]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-095-2]


Pork and Pork Products From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; and notice of extension of comment period.

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SUMMARY: In a proposed rule published in the Federal Register on July 
19, 1999, we proposed to amend the regulations to allow fresh (chilled 
or frozen) pork and pork products from the Mexican States of Baja 
California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche, 
and Quintana Roo to transit the United States, under certain 
conditions, for export to another country. Although we proposed to 
allow in-transit movements of pork from the above States under the same 
conditions currently required under 9 CFR part 94 for pork from the 
Mexican States of Sonora, Chihuahua, Yucatan, and Baja California, it 
was also our intent to propose that such movements be allowed via land 
border ports only. This document amends our proposal accordingly.

DATES: We invite you to comment on Docket No. 98-095-1 as amended by 
this docket. We will consider all comments that we receive by November 
15, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
095-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238

[[Page 50015]]

    Please state that your comment refers to Docket No. 98-095-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff 
Veterinarian, Animals Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737; (301) 734-
4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) allow fresh (chilled or frozen) pork and pork products 
from the Mexican States of Sonora, Chihuahua, Yucatan, and Baja 
California to transit the United States, under certain conditions, for 
export to another country. The transit provisions are contained in 
Sec. 94.15(b) of the regulations. In a proposed rule published in the 
Federal Register on July 19, 1999 (64 FR 38599-38603, Docket No. 98-
095-1), we proposed to amend the regulations to allow fresh (chilled or 
frozen) pork and pork products from additional Mexican States (Baja 
California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche, 
and Quintana Roo) to transit the United States under the conditions set 
forth in Sec. 94.15(b) of the regulations.
    Although we did not specify that the transit provisions in 
Sec. 94.15(b) are intended to apply only to pork and pork products that 
transit the United States via land border ports, it was our intent to 
do so. Therefore, this document amends our original proposed rule to 
clarify that the transit provisions in Sec. 94.15(b) would apply only 
to pork and pork products that transit the United States via land 
border ports.
    The regulations in Sec. 94.15(d) currently allow for the transit of 
animal products, including fresh (chilled or frozen) pork and products 
from Mexico, via maritime and air ports, under certain conditions. The 
conditions in 94.15(d)(3) specify that animal products transiting the 
United States via maritime or air ports may not be moved overland 
outside the airport terminal or dock area of the maritime port. We do 
not allow such overland movements from maritime and land ports because 
we do not have the resources available to ensure that such movements 
are properly documented and that proper safeguards are applied. The 
provisions in Sec. 94.15(b) are intended to provide safe procedures for 
overland transit of the United States.
    Comments sent to us on our July 19, 1999, proposed rule (Docket No. 
98-095-1) were required to be received on or before September 17, 1999. 
To allow the public enough time to comment on this amendment as it 
relates to the proposed rule, we are extending the period during which 
we will accept comments on Docket No. 98-095-1 until November 15, 1999.

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, we propose to amend 9 CFR part 94 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; 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) introductory text would be revised 
to read as follows:


Sec. 94.15  Animal products and materials; movement and handling.

* * * * *
    (b) Pork and pork products from Baja California, Baja California 
Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, 
Sonora, Tamaulipas, and Yucatan, Mexico, that are not eligible for 
entry into the United States in accordance with this part may transit 
the United States via land border ports for immediate export if the 
following conditions are met:
* * * * *
    Done in Washington, DC, this 9th day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-24050 Filed 9-14-99; 8:45 am]
BILLING CODE 3410-34-U