[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Rules and Regulations]
[Pages 50603-50606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21171]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-094-2]


Poultry Products From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations for importing poultry products 
to allow poultry carcasses, parts, and products (except eggs and egg 
products) that are not eligible for entry into the United States to 
move through the United States via land ports from Mexican States that 
Mexico considers to be free of exotic Newcastle disease (END), under 
certain conditions, for export to another country. We believe such in-
transit movements present a negligible risk of introducing END into the 
United States. This action relieves restrictions on trade while 
continuing to provide protection against the introduction of END into 
the United States.

EFFECTIVE DATE: September 20, 2000.

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-
8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 prohibit or restrict the 
importation of certain animals and animal products into the United 
States to prevent the introduction of certain animal diseases. The 
regulations in Sec. 94.6 govern, among other things, the importation of 
poultry carcasses, parts, products, and eggs (other than hatching eggs) 
from regions where exotic Newcastle disease (END) or Salmonella 
enteritidis, phage-type 4, is considered to exist. Because END exists 
in certain parts of Mexico, Mexico is characterized, under 
Sec. 94.6(a), as a region where END is considered to exist. Further, 
under the regulations in Sec. 94.6(b), Mexico is also characterized as 
a region where S. enteritidis, phage-type 4, is considered to exist.
    Poultry carcasses and parts and products of poultry carcasses from 
most parts of Mexico may be imported into the United States only in 
accordance with Sec. 94.6. Section 94.6 requires the carcasses or parts 
and products to be cooked prior to importation or to be consigned 
directly to an approved establishment in the United States. Under the 
regulations in Sec. 94.22, poultry meat and other poultry products from 
the Mexican States of Sinaloa and Sonora may be imported into the 
United States under less restrictive conditions because these States 
are considered low risk for END. Section 94.6 provides that poultry 
eggs (other than hatching eggs) from Mexico may be imported into the 
United States only if: (1) They are

[[Page 50604]]

accompanied by a health certificate regarding the flock of origin and 
meet certain other conditions; (2) they are consigned directly to an 
approved establishment for breaking and pasteurization; (3) they are 
imported under permit for scientific, educational, or research 
purposes; or (4) they are imported under permit and have been cooked or 
processed or will be handled in a manner that prevents the introduction 
of END and S. enteritidis into the United States.
    Further, poultry carcasses, parts, products, and eggs (other than 
hatching eggs) that do not qualify for entry into the United States 
under one of these conditions may transit the United States via air and 
sea ports under the conditions contained in Sec. 94.15(d).
    On February 8, 2000, the Animal and Plant Health Inspection Service 
(APHIS) published in the Federal Register (65 FR 6040-6044, Docket No. 
98-094-1) a proposed rule to allow poultry carcasses, parts, and 
products (except eggs and egg products) that are not eligible for entry 
into the United States to move through the United States via land ports 
from Mexican States that Mexico considers to be free of END, under 
certain conditions, for export to another country.
    We solicited comments concerning our proposal for 60 days ending 
April 10, 2000. We received one comment by that date. The comment was 
from a representative of a foreign government.
    The commenter supported the rule, but requested that we clarify 
whether the refrigerated containers used to transport frozen or chilled 
poultry can have a tube that allows water or condensation to escape 
during transit.
    Our proposed rule specifies that for poultry to be eligible to 
transit the United States, it must, among other things, be packaged in 
leakproof containers. We are requiring the use of leakproof containers 
to ensure that liquid that may have come in contact with poultry inside 
the container cannot escape outside the container. However, 
condensation or water that is produced by a refrigeration unit that is 
attached to the container carrying poultry is allowed to drain outside 
the container since such condensation or water would not have come in 
contact with the poultry inside the container.
    The commenter also requested that we develop a procedure to allow 
additions to the list of Mexican States eligible to transit poultry 
through the United States without having to go through rulemaking each 
time. The commenter stated that such a procedure would speed up the 
response time to requests by Mexico to relieve restrictions.
    APHIS makes every effort to respond promptly to requests made by 
foreign governments to relieve restrictions; however, APHIS must do so 
in accordance with applicable laws and executive orders, including the 
Administrative Procedure Act (5 U.S.C. 551 et seq.) and Executive Order 
12866, among others.

Changes to the Proposed Rule

    In our proposed rule, we listed the States of Baja California, Baja 
California Sur, Campeche, Chihuahua, Coahuila, Durango, Nuevo Leon, 
Quintana Roo, Sinaloa, Sonora, Tamaulipas, and Yucatan, Mexico, as 
States that Mexico considered to be free of END. However, since the 
publication of our proposed rule, an outbreak of END has occurred in 
the Lagunera region of the States of Coahuila and Durango. Because of 
the recent outbreak of END in Coahuila and Durango, we are not 
including those States in the list of States eligible to transit 
poultry through the United States under this final rule.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

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.
    Currently, the regulations in 9 CFR part 94 prohibit or restrict 
the importation of certain animals or animal products into the United 
States to prevent the introduction of certain animal diseases. Under 
the regulations, poultry carcasses, parts, and products from Mexico 
must meet the requirements of Sec. 94.6 or Sec. 94.22 to be imported 
into the United States because exotic Newcastle disease (END) is 
considered to exist in certain areas in Mexico.
    In this document, we are amending the regulations in part 94 to 
allow poultry carcasses, parts, and products (except eggs and egg 
products) that are not eligible for entry into the United States under 
Sec. 94.6 or Sec. 94.22 to move via land ports through the United 
States from 10 Mexican States, under certain conditions, for export to 
another country. These 10 States have been officially declared by the 
Government of Mexico to be free of END.
    An APHIS review of the END situation in those States has revealed 
that, if proper risk management techniques continue to be applied in 
Mexico, and if accidents and exposure are minimized by proper handling 
during transport, there will be a negligible risk that END could be 
disseminated into the United States as a result of this rulemaking.
    This rule will have no direct effect on U.S. producers and 
consumers of poultry because Mexican poultry would only transit the 
United States en route to other countries and would not enter U.S. 
marketing channels. Neither the quantity or price of poultry traded in 
U.S. domestic markets nor U.S. consumer or producer surplus will be 
affected by this rule.
    A benefit of allowing Mexican poultry to transit the United States 
for export is that U.S. companies will ship the poultry from U.S. 
receiving centers in the border States of California, Arizona, and 
Texas to export points. Current Department of Transportation 
regulations restrict trucks from Mexico from proceeding into the United 
States due to safety restrictions. However, any economic activity that 
could result from this rule is dependent on the volume of poultry 
shipped from Mexico for export to other countries. Given Mexico's low 
volume of poultry and poultry product exports, few shipments of poultry 
are likely to transit the United States to other countries under this 
rule, and benefits to U.S. carriers and shippers are likely to be very 
small.
    Potential losses from disease outbreaks are not quantified because 
APHIS judges the likelihood of outbreaks (which could result from a 
combination of factors such as the presence of the disease in Mexico, 
failure of the preclearance program, accidental openings while in 
transit, or exposure after an accidental opening of a shipment) to be 
negligible.

Mexican Poultry Production and Exports

    Since 1990, poultry meat production in Mexico has grown 5 percent 
annually to reach 1.7 million metric tons in 1998. However, nearly all 
of the poultry meat produced in Mexico is consumed domestically. For 
example, in 1997, Mexico produced 1.5 million metric tons of poultry, 
but exported only 5,000 metric tons of that total. Therefore, we 
anticipate that the volume of poultry that will transit the United 
States under this rule will be very small.

Effects on Small Trucking Companies

    This rule could directly affect U.S. trucking companies operating 
in the

[[Page 50605]]

border States of California, Arizona, and Texas. Small Business 
Administration (SBA) data show that there are approximately 18,000 
trucking companies operating in those States, and over 96 percent of 
those companies are small entities. However, it is unclear how many of 
those companies will be affected by this rule.
    Prior to the effective date of this rule, freight arriving in the 
Customs territory of the United States by truck from Mexico had to be 
delivered to customers within the commercial zone of the U.S. cities 
along the border or else transferred to a U.S. trucking or other 
shipping company within that zone. U.S. trucking companies could 
benefit from transporting Mexican poultry from U.S. land border ports 
to U.S. maritime ports. However, given the anticipated low volume of 
Mexican exports, this rule will likely not have a significant economic 
effect on a substantial number of small trucking companies.

Effects on Small Railroad Companies

    This rule could also affect four U.S. railroad companies that 
currently transport goods across the U.S.-Mexico border. Two of these 
railroad companies meet SBA criteria for small entities (fewer than 
1,500 employees). Any economic effects on railroad companies, whether 
small or large, would likely be positive, but such effects are 
anticipated to be insignificant, given the expected small volume of 
Mexican exports.

Effects on U.S. Poultry Exporters

    This rule could also affect U.S. poultry exporters. Historical data 
on shipments of Mexican poultry suggest that the poultry would be 
shipped to either Japan or the Middle East; but, once again, given the 
anticipated low volume of Mexican exports, U.S. companies that export 
poultry and poultry products to these two regions are unlikely to be 
significantly affected.

Trade Relations

    This rule removes some restrictions on the movement of poultry 
carcasses, parts, or products (except eggs and egg products) from 
certain States in Mexico and attempts to encourage a positive trading 
environment between the United States and Mexico by stimulating 
economic activity and providing export opportunities to Mexican poultry 
industries.
    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 final 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 the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0145.

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 are amending 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 is revised to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 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 371.4.

    2. Section 94.15 is amended as follows:
    a. Paragraphs (c) and (d) are redesignated as paragraphs (d) and 
(e), respectively.
    b. A new paragraph (c) is added.
    c. The statement in parentheses at the end of the section, 
concerning approval by the Office of Management and Budget, is revised.


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

* * * * *
    (c) Poultry carcasses, parts, or products (except eggs and egg 
products) from Baja California, Baja California Sur, Campeche, 
Chihuahua, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, Tamaulipas, or 
Yucatan, Mexico, that are not eligible for entry into the United States 
in accordance with the regulations in this part may transit the United 
States via land ports for immediate export if the following conditions 
are met:
    (1) The person desiring to move the poultry carcasses, parts, or 
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 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 poultry carcasses, parts, or products are packaged at a 
Tipo Inspeccioon Federal plant in Baja California, Baja California Sur, 
Campeche, Chihuahua, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, 
Tamaulipas, or Yucatan, Mexico, in leakproof containers with serially 
numbered seals of the Government of Mexico, and the containers remain 
sealed during the entire time they are in transit across Mexico and the 
United States.
    (3) The person moving the poultry carcasses, parts, or products 
through the United States notifies, in writing, the Plant Protection 
and Quarantine Officer at the U.S. port of arrival prior to such 
transiting. The notification must include the following information 
regarding the poultry to transit the United States:
    (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 poultry carcasses, parts, or products transit the United 
States under U.S. Customs bond and are exported from the United States 
within the time limit specified on the permit. Any poultry carcasses, 
parts, or products that have not been exported within the time limit 
specified on the permit or that have not 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).
* * * * *
(Approved by the Office of Management and Budget under control 
numbers 0579-0040 and 0579-0145)


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    Done in Washington, DC, this 15th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21171 Filed 8-18-00; 8:45 am]
BILLING CODE 3410-34-U