[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Proposed Rules]
[Pages 31987-31992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11897]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 67, No. 92 / Monday, May 13, 2002 / Proposed 
Rules  

[[Page 31987]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 71, 93, 94, 98, and 130

[Docket No. 01-074-1]


Classical Swine Fever Status of Mexican States of Baja 
California, Baja California Sur, Chihuahua, and Sinaloa

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the regulations by adding the 
Mexican States of Baja California, Baja California Sur, Chihuahua, and 
Sinaloa to the list of regions considered free of classical swine 
fever. We have conducted a series of risk evaluations and have 
determined that these four States have met our requirements for being 
recognized as free of this disease. This proposed action would allow 
importation into the United States of pork, pork products, live swine, 
and swine semen from these regions and would eliminate restrictions 
that no longer appear necessary.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by July 12, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-074-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-074-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-074-1'' on the subject line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Hatim Gubara, Staff Veterinarian, 
Regionalization Evaluation Services Staff, National Center for Import 
and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-
1231; phone (301) 734-4356, fax (301) 734-3222.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) of the 
United States Department of Agriculture (the Department) regulates the 
importation of animals and animal products into the United States to 
guard against the introduction of animal diseases not currently present 
or prevalent in this country. The regulations pertaining to the 
importation of animals and animal products are set forth in the Code of 
Federal Regulations (CFR), title 9, chapter I, subchapter D (9 CFR 
parts 91 through 99).
    Until several years ago, the regulations in parts 91 through 99 
(referred to below as the regulations) governed the importation of 
animals and animal products according to the recognized disease status 
of the exporting country. In general, if a disease occurred anywhere 
within a country's borders, the entire country was considered to be 
affected with the disease, and importations of animals and animal 
products from anywhere in the country were regulated accordingly. 
However, international trade agreements entered into by the United 
States-- specifically, the North American Free Trade Agreement and the 
World Trade Organization Agreement on Sanitary and Phytosanitary 
Measures--require APHIS to recognize regions, rather than only 
countries, for the purpose of regulating the importation of animals and 
animal products into the United States.
    Consequently, on October 28, 1997, we published in the Federal 
Register a final rule (62 FR 56000-56026, Docket No. 94-106-9, 
effective November 28, 1997) and a policy statement (62 FR 56027-56033, 
Docket No. 94-106-8) that established procedures for recognizing 
regions (referred to below as ``regionalization'') for the purpose of 
regulating the importation of animals and animal products. With the 
establishment of those procedures, APHIS may consider requests to allow 
the importation of a particular type of animal or animal product from a 
foreign region, as well as requests to recognize all or part of a 
country or countries as a region. The regulations define the term 
region, in part, as ``any defined geographic land area identifiable by 
geological, political, or surveyed boundaries.''
    In accordance with these regionalization procedures, we are 
proposing to amend the regulations in Secs. 94.9 and 94.10 by adding 
the Mexican States of Baja California, Baja California Sur, Chihuahua, 
and Sinaloa to the list of regions considered free of classical swine 
fever (CSF). The proposed rule would allow importation into the United 
States of pork, pork products, live swine, and swine semen from these 
regions and would eliminate restrictions that no longer appear 
necessary.

Change in Terminology

    Our regulations in 9 CFR chapter I use the term ``hog cholera.'' 
However, it is standard practice among veterinary practitioners in the 
international community to refer to hog cholera as ``classical swine 
fever.'' Therefore, in the remainder of this proposed rule, including 
the regulatory text at the end of this document, we use the term 
``classical swine fever,'' or the abbreviation CSF, rather than ``hog 
cholera.'' Additionally, for the sake of consistency throughout our 
regulations in 9 CFR chapter I, we are proposing to remove the term 
``hog cholera'' wherever it appears in the regulations (i.e., parts 71, 
93, 94, 98, and 130) and add in its place the term ``classical swine 
fever.''

[[Page 31988]]

Risk Evaluation

    Using the information submitted to us by the Government of Mexico 
and the Governments of the Mexican States of Baja California, Baja 
California Sur, Chihuahua, and Sinaloa, as well as information gathered 
during site visits by APHIS staff to Chihuahua in 1995 and 1997 and to 
Sinaloa in 1997, we have reviewed and analyzed the animal health status 
of these four States relative to CSF. This review and analysis was 
conducted in light of the factors identified in Sec. 92.2, 
``Application for recognition of the animal health status of a 
region,'' which are used to evaluate the risk associated with importing 
animals or animal products into the United States from a given region. 
Based on the information submitted to us, we have concluded the 
following:

Veterinary Infrastructure

    A decree published in Mexico's Federal Official Daily on March 25, 
1980, established a national campaign for the control and eradication 
of CSF. The campaign is mandatory and permanent throughout the entire 
country. Animal disease control and eradication programs operate under 
the authority of the Federal Secretariat for Agriculture, Livestock, 
Rural Development, Fisheries and Food Safety (SAGARPA), and its 
subordinate Directorate for Animal Health (DGSA). International sea and 
airport border control for animal and plant products is under the 
authority of SAGARPA and its subordinate Directorate for Phyto and 
Zoosanitary Inspection (DGIF).
Baja California
    Baja California is divided into two rural development districts 
with supportive technical staff coordinated by the SAGARPA delegation. 
A collaborative relationship exists among the pork producers' 
association, the SAGARPA delegation and other Federal personnel, and 
the State animal health official from the central offices. For 
international control of the movement of livestock and animal 
byproducts, there are five animal health inspection offices with 
official veterinary inspectors. At the airports and ports there are 
sanitary control points. Hog slaughtering and processing are done in 
Federal Inspection Standard (TIF) establishments that comply with 
international sanitary requirements and have official veterinary 
sanitary officers and supervision and certification by the countries to 
which they export.
Baja California Sur
    The State is subdivided into four rural development districts. Six 
animal health inspection offices control the international movement of 
livestock and animal byproducts. Sanitary control offices exist at all 
airports and ports. Hog slaughtering and processing are done in 
municipal facilities, which have official veterinary sanitary officers 
providing supervision and inspection.
Chihuahua
    Chihuahua is divided into two rural development districts with 
technical staff coordinated by the SAGARPA delegation. An APHIS site 
visit conducted in February 1997 determined that the cooperative 
relationships that exist among the pork producers' association, the 
SAGARPA delegation and other Federal personnel, and the State animal 
health official from the central offices are excellent and that the 
veterinary infrastructure is efficient and reliable. For international 
control of the movement of livestock and animal byproducts, Chihuahua 
has 3 animal health offices with official veterinary inspectors and 10 
checkpoints for controlling overland movement. Hog slaughtering and 
processing are done in TIF establishments that comply with 
international sanitary requirements and have official veterinary 
sanitary officers and supervision and certification by the countries to 
which they export.
Sinaloa
    Sinaloa is divided into six rural development districts with 
technical staff coordinated by the SAGARPA delegation. An APHIS site 
visit conducted in February 1997 determined that the cooperative 
relationships that exist among the pork producers' association, the 
SAGARPA delegation and other Federal personnel, and the State animal 
health official from the central offices are excellent and that the 
veterinary infrastructure is efficient and reliable. Hog slaughtering 
and processing are done in TIF establishments that comply with 
international sanitary requirements and have official veterinary 
sanitary officers and supervision and certification by the countries to 
which they export.

Disease History and Surveillance

    In regions, States, or areas under eradication or free of CSF in 
Mexico, the Federal and State governments, as well as swine owners or 
producers and accredited veterinarians, have responsibility for 
maintaining epidemiological surveillance for CSF. Surveillance includes 
inspection of swine products and byproducts and of the official 
documentation required for the control of movement from eradication 
areas into free areas, as well as virological monitoring by government 
and producers. Mexico is currently seeking to eradicate pseudorabies. 
Blood samples collected for the pseudorabies campaign are also tested 
for CSF, thus providing additional surveillance of that disease.
Baja California
    CSF has not been diagnosed in Baja California since at least 1990, 
despite intensive and ongoing surveillance. The State maintains an 
active surveillance system, which includes reporting all suspected 
cases and sampling from commercial and backyard farms. To confirm the 
absence of CSF in Baja California, ongoing epidemiological surveys are 
carried out. Since 1997, at least 2,072 samples have been tested 
annually, with all samples negative for CSF.
Baja California Sur
    Mexico recognized Baja California Sur as free of CSF in October 
1991, based on an epidemiological survey in which 524 sera and 280 
tissue samples were collected from swine slaughtered in municipal 
abattoirs. Four subsequent outbreaks occurred in the State (one in 
1993, two in 1994, and one in 1995), but there have been no reported 
outbreaks since 1995. Intensive surveillance was initiated after each 
outbreak to identify the focus and extent of the outbreak, and to 
confirm that depopulation of infected and exposed animals had 
eradicated the outbreak. Sera are collected during annual surveillance 
to confirm the absence of the CSF virus.
Chihuahua
    Chihuahua has not reported a case of CSF in over 10 years. The last 
reported outbreak was in 1989, and eradication efforts began the 
following year. Mexico declared Chihuahua free of CSF in September 
1993. An epidemiological survey conducted a year later confirmed the 
absence of the virus. Chihuahua maintains an active surveillance 
system. This includes reporting of all suspected cases and sampling 
from commercial and backyard farms.
Sinaloa
    The last outbreak of CSF in Sinaloa occurred in 1990, with 
vaccination prohibited the same year. Eradication efforts began in 
1991, and Mexico declared Sinaloa free of CSF in 1993. Sinaloan animal 
health officials monitor all commercial herds on an annual basis.

Diagnostic Capabilities

    Laboratories for CSF diagnosis include the National Center for 
Animal

[[Page 31989]]

Health Diagnosis (CENASA), the Exotic Animal Disease Commission (EADC) 
laboratory, and eight laboratories accredited for the diagnosis of CSF 
located throughout the country. All positive samples are sent to the 
central laboratories in Mexico City for confirmation, and tissues from 
any suspect animal are sent to the EADC laboratory in Mexico City for 
virus isolation. Both CENASA and EADC use the same tests and testing 
schemes.

Vaccination Status

    Vaccination has been prohibited in Baja California and Baja 
California Sur since 1986, in Chihuahua since 1989, and in Sinaloa 
since 1990.

Disease Status of Adjacent Regions

Baja California
    Baja California is adjacent to the U.S. States of Arizona and 
California and the Mexican State of Sonora. CSF is not known to occur 
in any of these three States.
Baja California Sur
    CSF is not known to exist in the Mexican State of Baja California, 
the only bordering State.
Chihuahua
    Located in northern Mexico, Chihuahua borders the U.S. States of 
New Mexico and Texas to the north and northeast and the Mexican States 
of Coahuila on the east, Durango on the south, Sinaloa on the 
southwest, and Sonora on the west. All of these States have been 
declared free of CSF by the United States or Mexico.
Sinaloa
    Sinaloa is adjacent to the Mexican States of Sonora, Chihuahua, 
Durango, and Nayarit. All of these States have been declared free of 
CSF by the government of Mexico.

Degree of Separation From Adjacent Regions

Baja California
    Baja California has two natural barriers: The Gulf of California to 
the east and the Pacific Ocean to the west. The Colorado River forms 
the border between Sonora and Baja California.
Baja California Sur
    Baja California Sur has two natural barriers: The Gulf of 
California to the east and the Pacific Ocean to the south and west. 
Baja California lies to the north.
Chihuahua
    The eastern part of Chihuahua is desert, which provides a natural 
barrier between Chihuahua and Coahuila. The Sierra Madre Occidental 
Mountains in the west separate Chihuahua from Sonora and Sinaloa. 
Between Chihuahua and Durango lies a region of mountains and valleys, 
another geographical feature that complements the extensive permanent 
internal quarantine system designed to control movement of animals 
between States.
Sinaloa
    Sinaloa is bordered on the east by the Sierra Madre Occidental 
Mountains, which separate the State from neighboring Durango to the 
southeast. The mountains also provide a limited number of access 
points. Sinaloa is bordered on the west by the Pacific Ocean and the 
Sea of Cortes. Nayarit is to the south, and Sonora and Chihuahua are to 
the north.

Movement Across Borders

    Regulations controlling the movement of all land, air, and maritime 
traffic are the primary means for preventing the reintroduction of CSF 
into Baja California, Baja California Sur, Chihuahua, and Sinaloa. The 
entry of live hogs from CSF control zones in Mexico into free zones is 
not allowed. Hog products and byproducts moving from eradication or 
control zones to free zones must be processed and inspected by TIF 
establishments that are expressly authorized by the General Division of 
Animal Health to market their products and byproducts into CSF-free and 
eradication zones. Pork products from regions of lower health status 
may be imported only if they meet time- and temperature-related 
processing requirements and only if they originate from approved TIF 
plants. Transportation must be in vehicles sealed with metal straps. At 
airports, passenger baggage is examined, and because most domestic 
flights originate from areas not yet declared free of CSF, food served 
on airplanes is not permitted to contain pork.

Livestock Demographics and Marketing Practices

Baja California
    In 2001, Baja California had 10 commercial farms with a total 
population of 15,251 pigs and an additional 6,951 head dispersed among 
548 backyard operations. The presence of more pigs in commercial farms 
than backyard farms is rare in Mexico. The decreasing number of pigs in 
backyard operations further reduces the risk of a CSF outbreak in Baja 
California. Baja California has three TIF plants, two of which handle 
swine. One of the TIF plants has been authorized to export meat to the 
United States since 1996 and has exported pork to Japan since 1995 
without incident. Baja California is not self-sufficient in pork 
production, and the pork processed at this facility originates from 
Sonora, the United States, and Canada.
Baja California Sur
    Baja California Sur is a net importer of swine and has no TIF 
facility. The State has two farms that use semi-commercial production 
methods. According to an inventory taken in 2000, these 2 farms had a 
total population of 1,200 pigs. The remaining 20,550 head in the State 
were from backyard operations, in which pigs are raised, slaughtered 
and consumed on location.
Chihuahua
    The swine inventory conducted in 2000 listed 2,626 head distributed 
among 5 commercial herds. In addition, there were 169,183 head of swine 
distributed among 45,714 backyard operations. Swine represented 5.8 
percent of the total gross value of livestock production in Chihuahua 
in 2000. Chihuahua is a net exporter of pork. The Carnes Selecta Baeza 
Favez plant in Chihuahua is allowed to ship fresh and frozen pork to 
markets in Japan and other countries.
Sinaloa
    The 1999 State swine census listed 284,614 hogs on over 33,500 
premises. These figures included the 92,070 hogs on the State's 25 
commercial farms. Nine of the State's 18 municipalities have commercial 
production, with the swine industry concentrated in the northern and 
central areas of the State. Sinaloa is a net exporter of pork. It is 
estimated that swine account for 10 percent of the total gross value of 
livestock production in the State and 3.5 percent of Mexico's swine 
production.

Detection and Eradication of Disease

    CSF has been effectively controlled and eradicated from Baja 
California, Baja California Sur, Chihuahua, and Sinaloa and is not 
known to exist in those four States at this time. The government of 
Mexico and the State governments maintain a surveillance system capable 
of rapidly detecting CSF should the disease be reintroduced in any of 
the four States. The Federal government of Mexico and the State 
governments of Baja California, Baja California Sur, Chihuahua, and 
Sinaloa have the laws, policies and infrastructure to detect, respond 
to, and eliminate any reoccurrence of CSF.

[[Page 31990]]

    These findings are described in further detail in a qualitative 
evaluation that may be obtained by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT and may be viewed on the Internet at 
http://www.aphis.usda.gov/vs/reg-request.html by following the link for 
current requests and supporting documentation. The evaluation documents 
the factors that have led us to conclude that Baja California, Baja 
California Sur, Chihuahua, and Sinaloa are free of CSF. Therefore, we 
are proposing to recognize the Mexican States of Baja California, Baja 
California Sur, Chihuahua, and Sinaloa as free of CSF and to add them 
to the lists in Secs. 94.9 and 94.10 of regions where CSF is not known 
to exist.
    We are also proposing to amend Sec. 94.15, which, among other 
things, sets out requirements for transit through the United States of 
pork and pork products that are not otherwise eligible for entry into 
the United States under part 94. Because these requirements would no 
longer apply to pork and pork products from Baja California, Baja 
California Sur, Chihuahua, and Sinaloa, references to these States in 
Sec. 94.15(b) and Sec. 94.15(b)(2) would be removed.

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 amend the regulations in Secs. 94.9 and 
94.10 by adding the Mexican States of Baja California, Baja California 
Sur, Chihuahua, and Sinaloa to the list of regions considered free of 
CSF. The proposed changes would relieve the CSF-related restrictions 
imposed on the importation of pork, pork products, live swine, and 
swine semen from these regions.
    Based on the assumption that these four States will not drastically 
increase their levels of hog and pig meat production over that of the 
last few years, the amount of pork, pork products, live swine, and 
swine semen that may potentially be imported into the United States 
from Baja California, Baja California Sur, Chihuahua, and Sinaloa is 
likely to be negligible. In 2000, the State of Sinaloa produced 1.1 
percent of Mexico's live swine and 1.1 percent of its pig meat (FAS, 
USDA, GAIN Report, 2001), and Chihuahua produced 0.7 percent of 
Mexico's live swine and 0.5 percent of Mexico's pig meat (tables 1 and 
2). The States of Baja California and Baja California Sur, which are 
not self-sufficient in pork production, produced smaller percentages. 
In 2001, these four States together produced less than 2 percent of 
Mexico's total number of live hogs (table 1) and slaughtered pigs 
(table 2). Between 1999 and 2001, Mexico exported around 3.3 percent of 
its annual production of pig meat (table 3), which amounted to 35,000 
metric tons on average. Mexico has not exported any live swine since 
1997 (table 4).

                                   Table 1.--Live Hogs in Mexican States, 2001
----------------------------------------------------------------------------------------------------------------
                                       Hogs in commercial       Hogs in backyard
               State                          farms                operations                   Total
----------------------------------------------------------------------------------------------------------------
Baja California....................  15,251 (in 10 farms)..  6,951 (in 548 farms)..  22,202 (0.09%)
Baja California Sur................  1,200 (in 2 farms)....  20,550 (in unknown      21,750 (0.09%)
                                                              number of farms).
Chihuahua..........................  2,626 (in 5 farms)....  169,183 (in 45,714      171,809 (0.67%)
                                                              farms).
Sinaloa............................  92,070 (in 25 farms)..  192,544 (in 33,475      284,614 (1.11%)
                                                              farms).
Mexico.............................    25,736,000 (pig crop + beginning stocks) in both commercial and backyard
                                                                     operations.
----------------------------------------------------------------------------------------------------------------
Source: Risk Assessments of Importing Pork into the United States From the Mexican States of Baja California,
  Baja California Sur, Chihuahua, and Sinaloa; Risk Analysis Systems, PPD, APHIS, USDA.


                         Table 2.--Number of Hogs Slaughtered in Mexican Slaughterhouses
                                  [Percentage of Mexico's total in parenthesis]
----------------------------------------------------------------------------------------------------------------
                  State                                   1999                               2000*
----------------------------------------------------------------------------------------------------------------
Baja California..........................  16,399 (0.15%)                      7,660 (0.13%)
Baja California Sur......................  9,044 (0.08%)                       4,612 (0.08%)
Chihuahua................................  60,634 (0.55%)                      31,117 (0.54%)
Sinaloa..................................  132,298 (1.19%)                     63,639 (1.11%)
Mexico...................................  11,110,978                          5,729,229
----------------------------------------------------------------------------------------------------------------
Source: Confederacion Nacional Ganadera with data from SAGARPA. Sum of Federally Inspected Type (TIF) and
  Municipal Slaughterhouses.
* As of June 30, 2000.


                                          Table 3.--Mexican Swine, Meat
                                                  [Metric tons]
----------------------------------------------------------------------------------------------------------------
                          Calendar year                                1999            2000            2001
----------------------------------------------------------------------------------------------------------------
Production......................................................         994,000       1,035,000       1,060,000
Imports.........................................................         143,000         130,000         150,000
                                                                                 -------------------------------
Total supply....................................................       1,137,000       1,165,000       1,210,000
Exports.........................................................          33,000          35,000          40,000
Domestic consumption............................................       1,104,000       1,130,000       1,170,000
                                                                                 -------------------------------
Total demand....................................................       1,137,000       1,165,000      1,210,000
----------------------------------------------------------------------------------------------------------------
Source: USDA, FAS, GAIN Report #MX1010, Mexico, Livestock & Products, Semiannual Report 2001; Source for Stocks
  is the FAOSTAT Database.


[[Page 31991]]


                         Table 4.--Mexican Exports of Swine, Live Pure-Breeding--010310
----------------------------------------------------------------------------------------------------------------
                                        1995         1996         1997         1998         1999         2000
----------------------------------------------------------------------------------------------------------------
Quantity..........................            8           29           22            0            0            0
Value.............................       $5,000     $439,000     $170,000  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------
Source: FAS Global Agricultural Trade System using data from the UN Statistical Office.
Data: Harmonized Tariff Schedule (HS 6 Digit).

    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic impact of their rules on small entities. The 
domestic entities most likely to be affected by our proposal to declare 
the Mexican States of Baja California, Baja California Sur, Chihuahua, 
and Sinaloa free of CSF are pork producers.
    According to the 1997 Agricultural Census, there were about 102,106 
hog and pig farms in the United States in that year, of which 93 
percent received $750,000 or less in annual revenues. Agricultural 
operations with $750,000 or less in annual receipts are considered 
small entities, according to the Small Business Administration (SBA) 
size criteria.
    We do not anticipate that any U.S. entities (i.e., importers of 
hogs and hog meat products, and hog producers), small or otherwise, 
would experience any negative economic effects as a result of this 
proposed action. This is because the amount of pork, pork products, 
live swine, and swine semen likely to be imported into the United 
States from Chihuahua and Sinaloa would be negligible. We expect that 
the amount of these articles likely to be imported from Baja California 
and Baja California Sur would either be less than that from the other 
two States or none at all.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict 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

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, 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 98

    Animal diseases, Imports.

9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and 
poultry products, Quarantine, Reporting and recordkeeping requirements, 
Tests.

    Accordingly, we propose to amend 9 CFR parts 71, 93, 94, 98, and 
130 as follows:

PART 71--GENERAL PROVISIONS

    1. The authority citation for part 71 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114a, 
114a-1, 115-117, 120-126, 134b, and 
134f; 7 CFR 2.22, 2.80, and 371.4.


Sec. 71.3  [Amended]

    2. In Sec. 71.3, paragraph (b) would be amended by removing the 
words ``hog cholera'' and adding the words ``classical swine fever'' in 
their place.

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    3. 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, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.


Sec. 93.505  [Amended]

    4. In Sec. 93.505, paragraph (a) would be amended by removing the 
words ``hog cholera'' and adding the words ``classical swine fever'' in 
their place.


Sec. 93.517  [Amended]

    5. In Sec. 93.517, paragraph (a) would be amended by removing the 
words ``hog cholera'' and adding the words ``classical swine fever'' in 
their place.

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

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

    Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 
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.

    7. The heading of part 94 would be revised to read as set forth 
above.
    8. Section 94.9 would be amended as follows:
    a. By revising the section heading and paragraph (a) to read as set 
forth below.
    b. By removing the words ``hog cholera'' and adding in their place 
the words ``classical swine fever'' in following places:
    i. Paragraph (b), introductory text.
    ii. Paragraph (b)(1)(iii)(C).
    iii. Paragraph (b)(1)(iii)(C)(1), both times they appear.
    iv. Paragraph (b)(1)(iii)(C)(2), both times they appear.
    v. Paragraph (c).


Sec. 94.9  Pork and pork products from regions where classical swine 
fever exists.

    (a) Classical swine fever is known to exist in all regions of the 
world except Australia; Canada; Denmark; England, except for East 
Anglia (Essex, Norfolk, and Suffolk counties); Fiji; Finland; Iceland; 
Isle of Man; the Mexican States of Baja California, Baja California 
Sur, Chihuahua, and Sinaloa; New Zealand; Northern Ireland; Norway; the 
Republic of Ireland; Sweden; Trust Territory of the Pacific Islands; 
and Wales.
* * * * *

[[Page 31992]]

    9. Section 94.10 would be amended by revising the section heading 
and paragraph (a) to read as follows:


Sec. 94.10  Swine from regions where classical swine fever exists.

    (a) Classical swine fever is known to exist in all regions of the 
world except Australia; Canada; Denmark; England, except for East 
Anglia (Essex, Norfolk, and Suffolk counties); Fiji; Finland; Iceland; 
Isle of Man; the Mexican States of Baja California, Baja California 
Sur, Chihuahua, and Sinaloa; New Zealand; Northern Ireland; Norway; the 
Republic of Ireland; Sweden; Trust Territory of the Pacific Islands; 
and Wales. No swine that are moved from or transit any region where 
classical swine fever is known to exist may be imported into the United 
States, except for wild swine imported into the United States in 
accordance with paragraph (b) of this section.
* * * * *


Sec. 94.15  [Amended]

    10. Section 94.15 would be amended by removing the words ``Baja 
California, Baja California Sur,'', ``Chihuahua,'', and ``Sinaloa,'' in 
the following places:
    a. The introductory text of paragraph (b).
    b. Paragraph (b)(2).


Sec. 94.17  [Amended]

    11. Section 94.17 would be amended by removing the words ``hog 
cholera'' and adding in their place the words ``classical swine fever'' 
in the following places:
    a. The section heading.
    b. Paragraph (b).
    c. Paragraph (c).


Sec. 94.20  [Amended]

    12. In Sec. 94.20, paragraph (c) and the introductory text of 
paragraph (e) would be amended by removing the words ``hog cholera'' 
and adding in their place the words ``classical swine fever''.

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

    13. 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 371.4.


Sec. 98.15  [Amended]

    14. Section 98.15 would be amended by removing the words ``hog 
cholera'' and adding in their place the words ``classical swine fever'' 
in the following places:
    a. Paragraph (a)(1)(ii).
    b. Paragraph (a)(2)(ii).
    c. Paragraph (a)(5)(ii)(B).
    d. Paragraph (a)(7)(i)(B).
    e. Paragraph (a)(8)(i)(B).


Sec. 98.34  [Amended]

    15. Section 98.34 would be amended as follows:
    a. By removing the words ``hog cholera'' and adding in their place 
the words ``classical swine fever'' in the following places:
    i. Paragraph (c)(7)(ii).
    ii. Paragraph (c)(7)(iii)(G).
    b. In paragraph (c)(7)(iii)(D), by removing the words ``Hog 
cholera'' and adding in their place the words ``Classical swine 
fever''.

PART 130--USER FEES

    16. The authority citation for part 130 would continue to read as 
follows:

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622; 19 U.S.C. 1306; 21 
U.S.C. 102-105, 111, 114, 114a, 134a, 134c, 134d, 134f, 136, and 
136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, 
and 371.4.


Sec. 130.14  [Amended]

    17. In Sec. 130.14, paragraph (b), the table would be amended in 
the column titled ``Test'' by removing the words ``(hog cholera)'' in 
the entry for Fluorescent antibody neutralization and adding in their 
place the words ``(classical swine fever)''.
    18. In Sec. 130.18, paragraph (b), the table would be amended by 
removing the entry for Hog cholera tissue sets and adding a new entry 
in alphabetical order to read as follows:


Sec. 130.18  User fees for veterinary diagnostic reagents produced at 
NVSL or other authorized site (excluding FADDL).

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                          User
                Reagent                   fee              Unit
------------------------------------------------------------------------
 
                  *        *        *        *        *
Classical swine fever tissue sets.....   81.50   Tissue set.
 
                  *        *        *        *        *
------------------------------------------------------------------------


    Done in Washington, DC, this 7th day of May, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-11897 Filed 5-10-02; 8:45 am]
BILLING CODE 3410-34-P