[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Proposed Rules]
[Pages 61293-61300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24753]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 02-002-1]


Classical Swine Fever Status of Mexican States of Campeche, 
Quintana Roo, Sonora, and Yucatan

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations by adding the 
Mexican States of Campeche, Quintana Roo, Sonora, and Yucatan 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 that we receive on or before 
November 29, 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. 02-002-1, 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. 02-002-1. 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. 
02-002-1'' 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

[[Page 61294]]

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 (USDA) 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 Sec. Sec.  94.9 and 94.10 by 
adding the Mexican States of Campeche, Quintana Roo, Sonora, and 
Yucatan to the lists of regions considered free of classical swine 
fever (CSF). This 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.'' For the sake of consistency throughout our regulations in 9 
CFR chapter I, we have proposed in another document (67 FR 31987-31992, 
Docket No. 01-074-1, published May 13, 2002) to, among other things, 
remove the term ``hog cholera'' wherever it appears in the existing 
regulations (i.e., parts 71, 93, 94, 98, and 130) and add in its place 
the term ``classical swine fever.'' 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.''

Risk Evaluation

    Using information submitted to us by the Federal Government of 
Mexico and the State Governments of Campeche, Quintana Roo, Sonora, and 
Yucatan, as well as information gathered during a site visit by APHIS 
staff to the three States on the Yucatan Peninsula (Campeche, Quintana 
Roo, and Yucatan) in March 2001 and several site visits to Sonora, we 
have reviewed and analyzed the animal health status of these 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. Mexican 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).

Yucatan Peninsula

    Within each of the three Mexican States of the Yucatan Peninsula, 
there is a Federal SAGARPA delegate and other Federal personnel 
assigned to conduct Federal animal health activities in that State. 
Other personnel include an Assistant Delegate, as well as DGSA and DGIF 
personnel assigned to work in the State. Within each State of the 
Yucatan Peninsula, the Federal delegates work with State animal health 
officials in administering joint Federal/State animal health programs 
that have the ultimate responsibility for official disease diagnosis, 
animal disease emergency response, and epidemiological investigations 
of disease outbreaks. There is a peninsular animal health council 
consisting of the Federal regional coordinator, State animal health 
officials, and SAGARPA delegates. This council meets every few months 
to evaluate and determine the funding needs for animal health 
activities in the region. Results of our evaluation indicated that 
animal health officials in the Yucatan Peninsula States have the legal 
authority to enforce Federal and State regulations regarding CSF and 
that the necessary veterinary infrastructure is in place to carry out 
CSF surveillance and control activities. No specific factors were 
identified in the evaluation that might pose a risk to the United 
States if pork, pork products, live swine, and swine semen were 
imported from the Yucatan Peninsula States.

Sonora

    Sonora is divided into 11 rural development districts (DDRs). The 
DDRs

[[Page 61295]]

are staffed by 20 veterinarians, 12 of whom are Mexican Federal 
Inspection Standard (TIF) inspectors. The State has a Secretariat for 
the Development of Livestock Industry with responsibilities for 
promoting, developing, coordinating, and executing actions to develop 
the State's livestock industry. Hog slaughtering and processing are 
done in the State's eight TIF plants. These establishments comply with 
international sanitary requirements and have official veterinary 
officers, and are certified by the countries to which they export. In 
addition, there are 19 municipal and 2 private abattoirs for the 
slaughter of pigs. Our evaluation indicated that animal health 
officials in Sonora have the legal authority to enforce Federal and 
State regulations regarding CSF and that the necessary veterinary 
infrastructure is in place to carry out CSF surveillance and control 
activities. No specific factors were identified that might pose a risk 
to the United States if pork, pork products, live swine, or swine semen 
were imported from Sonora.

Disease History and Surveillance

    In regions, States, or areas in Mexico that are under eradication 
or free of CSF, 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 for that 
disease. The surveillance data in tables 1 through 5 below were 
provided to APHIS by SAGARPA in response to APHIS's information 
requests.

Yucatan Peninsula

    The State of Yucatan has not reported a clinical case of CSF since 
1982 and was declared free of CSF by the Government of Mexico in 1995. 
Quintana Roo was declared free in June 1996, the last case having been 
detected and eradicated in 1980. Campeche was recognized as free in 
December 1997, with the last confirmed outbreak having been detected 
and eradicated in 1989.
    The Federal Government of Mexico requires annual testing for CSF. 
All commercial herds are sampled once a year. Data for the years 1999 
and 2000 are shown in tables 1 and 2.

                        Table 1.--Surveillance Testing in Yucatan Peninsula for CSF, 1999
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                                          Commercial herds                     Backyard herds
                                               sampled      Samples per herd       sampled      Samples per herd
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Campeche................................                 5                59               299                 5
Quintana Roo............................                38                59               299                 5
Yucatan.................................               211                29               299                 5
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                        Table 2.--Surveillance Testing in Yucatan Peninsula for CSF, 2000
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                                  Commercial herds                       Backyard herds
                                       sampled      Samples per herd         sampled          Samples per herd
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Campeche........................                 5                59  scheduled: 348        1 to 5
                                  ................  ................  sampled: 961          ....................
Quintana Roo....................                35                59  347                   5
Yucatan.........................               238                29  405                   5
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    Sampling has been intensified in high-risk regions. There is a 
special high-risk zone in Campeche adjacent to Tabasco; this zone 
consists of the area within 50 kilometers of the Tabasco border and is 
delineated by peninsular officials, not by the national program. 
Additional backyard swine premises are tested annually from the risk 
zone, above the number of samples outlined by the national program. For 
CSF and pseudorabies, samples are collected from approximately 60 extra 
premises.
    Data for additional passive CSF surveillance sampling conducted 
under Mexico's pseudorabies eradication program are provided in table 3 
below.

  Table 3.--Total Numbers of Samples Run for CSF Diagnosis (Program and
                              Other), 2000
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                                                 Number of
                     State                         herds      Number of
                                                represented    samples
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Campeche......................................        1,035        2,091
Quintana Roo..................................          383        3,734
Yucatan.......................................          643        8,689
------------------------------------------------------------------------

    APHIS concluded that authorities in the Yucatan Peninsula are 
conducting adequate surveillance for CSF to detect the disease if it 
were to be reintroduced into the peninsula. While there was no specific 
information presented to show that any wild swine in the peninsula are 
free of CSF, backyard herds, which may be exposed to wild swine, are 
actively monitored in the Yucatan Peninsula and have been free of this 
disease for many years.

Sonora

    Sonora last reported a case of CSF in 1985. The Government of 
Mexico declared the State free of the disease in October 1991. Sonora 
conducts annual serological surveillance for CSF, as required by the 
Federal Government of Mexico under its national CSF campaign.
    In 1995, Sonora began a comprehensive serologic survey strategy for 
CSF. The protocol included on-farm, backyard herd, and slaughterhouse 
sampling. Slaughter surveillance was discontinued in 1996 when 
serological surveillance became required under the Mexican Norms.
    Currently, epidemiological surveillance for CSF in Sonora consists 
of routine sampling in commercial and backyard herds using the Cannon 
and Roe formula for estimating the statistical sample size. In 
commercial farms, 100

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percent of farms are covered, with sampling being conducted at a rate 
that provides a 95 percent confidence level of detecting one or more 
infected swine when the assumed prevalence of the disease is 10 percent 
(reduced to 5 percent in 2000). Samples are randomly selected on every 
farm, with 80 percent of samples taken from sows, 10 percent from 
boars, and 10 percent from fattening pigs. For backyard premises random 
samples are collected using the same Cannon and Roe formula, with 
sampling being conducted at a rate that provides a 95 percent 
confidence level of detecting one or more infected swine when the 
assumed prevalence of the disease is 1 percent. Surveillance data for 
Sonora since 1998 are presented in table 4.

                           Table 4.--Surveillance Testing in Sonora for CSF, 1998-2001
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                                                      Commercial                           Backyard
                                         -----------------------------------------------------------------------
                  Year                                          Number of                          Number. of
                                           Number of farms       animals       Number of farms       animals
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1998....................................               225             7,769               300             1,500
1999....................................               209             6,373               304             1,567
2000....................................               191             7,116               260             2,504
2001....................................               201            14,015               133             1,376
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    All of the swine sampled from 1998 to 2001 had negative results for 
CSF. Table 5 shows the numbers of samples targeted, the numbers 
actually collected, and the coverage rate for the same period (1998 to 
2001). Generally, the numbers of animals actually sampled exceeded the 
targets.

                                                  Table 5.--Targets and Actual Samples Taken, 1998-2001
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                                                                            Commercial                                       Backyard
                                                         -----------------------------------------------------------------------------------------------
                          Year                                                             Percentage of                                   Percentage of
                                                              Target          Actual          targets         Target          Actual          targets
                                                                                              sampled                                         sampled
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1998....................................................           3,263           7,769             238           1,203           1,500             125
1999....................................................           3,263           6,363             195           1,203           1,567             130
2000 *..................................................          12,803           7,116              56           1,215           2,504             206
2001....................................................          10,620          14,015             132           1,325           1,376             104
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* In the year 2000, the Animal Health General Directorate requested that Sonora collect 59 samples from each commercial farm instead of 29, in order to
  decrease the prevalence parameter in the sampling design. However, because of time constraints, it was agreed that Sonora would collect only 29
  samples per farm for that year. Taking into account that there were 217 farms in 2000 and 29 samples were taken from each one, the total number of
  target samples would have been 6,293, with a coverage rate for that year of 113 percent. In 2001, 59 samples were collected from each farm.

    Any suspicion of CSF requires notification of the Exotic Animal 
Disease Commission (EADC) and is investigated by the EADC regional 
coordinator or an official veterinarian. Diagnosis is made at the 
EADC's laboratory facility in Mexico City. Immediate notification would 
be given to the United States and Canada by telephone or fax as soon as 
a diagnosis was confirmed.
    APHIS concluded that authorities in Sonora are conducting an 
adequate level of surveillance to detect the disease if it were to be 
reintroduced. While there was no specific information presented that 
would show that any wild swine are free of CSF, backyard herds, which 
may be exposed to wild swine, are actively monitored and have been free 
of this disease for many years.

Diagnostic Capabilities

    Laboratories for CSF diagnosis in Mexico include the National 
Center for Animal Health Diagnosis (CENASA) in Mexico City; the EADC 
laboratory, also located in Mexico City; and eight laboratories 
accredited for the diagnosis of CSF located throughout the country.

Yucatan Peninsula

    Two laboratories provide veterinary diagnostic services to the 
swine and poultry industries on the Yucatan Peninsula. One is a small 
regional laboratory located in Chetumal in the State of Quintana Roo, 
and the second is a full-service regional laboratory located in Merida, 
Yucatan. The Yucatan Regional Laboratory in Merida meets the 
recommendations of the Office of International Epizootics for equipment 
and training. An APHIS team visited the laboratory in 2001 and deemed 
the facilities and personnel adequate for the CSF surveillance program 
in Yucatan.
    Primary surveillance for CSF is carried out by serologic monitoring 
using the immunoperoxidase test (IPT). Samples with equivocal or 
positive results are further tested by an ELISA test to confirm the 
specificity of the antibody. This approach is consistent with serologic 
methods used in the United States for CSF. Any samples that test 
positive at the Yucatan laboratory are sent to the CENASA central 
laboratories in Mexico City for confirmation, and tissues of any 
suspect animals are sent to the EADC laboratory in Mexico City for 
virus isolation. The laboratory in Chetumal provides general 
microbiological services to local producers but does not conduct 
diagnostic tests for program diseases.
    The laboratory in Merida also provides support for hazard analysis 
and critical control point (HACCP) programs for TIF processing plants 
in the region. The laboratory does not have an official quality 
assurance program in place; however, some monitoring of equipment is 
being performed.
    APHIS concluded that the laboratory capabilities and infrastructure 
in the three States on the Yucatan Peninsula are sufficient to support 
the CSF surveillance activities, although the team felt that some 
improvements might be in order.

Sonora

    The State of Sonora has three diagnostic laboratories: Ciudad

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Obregon, Lancer, and Pecuarius. All three laboratories have the 
capabilities to conduct CSF diagnosis. The two laboratories in Ciudad 
Obregon and Lancer serve the entire State of Sonora, while the lab in 
Pecuarius serves Sonora and other Mexican States. APHIS was unable to 
identify any limitations in Sonora's laboratory capabilities for 
diagnosis of CSF that would pose a risk to the United States.

Vaccination Status

    Vaccination was discontinued in Yucatan in 1993, in Quintana Roo in 
1994, in Campeche in 1995, and in Sonora in 1989.

Disease Status of Adjacent Regions

Yucatan Peninsula

    Yucatan is bordered to the west by Campeche, and by Quintana Roo to 
the east and south. Tabasco, the only Mexican State bordering the 
Yucatan peninsula, shares the western border. Tabasco is a control 
State for CSF and had four foci of CSF in 2000, all of which were 
controlled using task forces. The State of Campeche shares its southern 
border with Guatemala, and the State of Quintana Roo shares its 
southern border with both Guatemala and Belize. Although the United 
States considers both Guatemala and Belize to be affected by CSF, 
officials of the Regional International Organization for Agricultural 
Health (OIRSA) informed APHIS that CSF has not appeared in Belize since 
1988, that it is a notifiable disease, and that vaccination is 
prohibited. In Guatemala, CSF is more commonly reported in the southern 
portion of the country, a region not adjacent to Campeche. There were 
38 cases and 55 cases reported during 1998 and 1999, respectively. In 
the Pet[eacute]n region of Guatamala, which abuts Campeche, an outbreak 
associated with the State of Tabasco was reported in November 2000 and 
was rapidly eliminated. In survey work in the Pet[eacute]n region, 
serologic titers have been dropping off as vaccination has declined due 
to eradication efforts and prohibition of vaccination since 1999.
    Although there are continuing CSF outbreaks in the adjacent Mexican 
State of Tabasco and adjacent countries, APHIS considers that the 
control point activity in place between the Yucatan Peninsula and the 
neighboring State and countries is sufficient to reduce substantially 
the risk of infection being brought in from these regions. In addition, 
eradication activity for diseases considered exotic is diligent and 
sufficient for rapid control of outbreaks of the type observed in the 
past.

Sonora

    Sonora borders Chihuahua, Sinaloa, and Baja California in Mexico 
and Arizona in the United States. Arizona is free of CSF. The disease 
has not been reported in any of the three Mexican States in over a 
decade. Baja California was declared to be free of CSF by the Mexican 
Government in 1991; Chihuahua and Sinaloa were declared CSF-free in 
1993. Therefore, disease occurrence in regions adjacent to Sonora is 
not considered a source of risk to the United States.

Degree of Separation From Adjacent Regions

Yucatan Peninsula

    The State of Yucatan is northwest of Quintana Roo. Campeche sits to 
the west, with Guatemala and Belize located south and southwest. The 
Gulf of Mexico lies to the north, the Caribbean to the east, and the 
Hondo River to the south, bordering Belize. Quintana Roo is separated 
from Guatemala by the Calakmul Biosphere Reserve, which is a natural 
rain forest protected by the Mexican government, and from Belize by the 
Hondo River. The border between Campeche and the State of Tabasco, the 
area of highest risk closest to the Yucatan Peninsula, follows a river 
for a significant distance. In Campeche's southern part, bordering 
Guatemala, is the Calakmul Biosphere Reserve. All roads crossing the 
border have checkpoints. Yucatan has no direct contact with any area of 
higher risk.

Sonora

    The State of Sonora is bordered on the north by the United States, 
on the east by the State of Chihuahua, on the southeast by the State of 
Sinaloa, on the south and west by the Gulf of California, and on the 
northwest by the State of Baja California. Sonora is surrounded along 
most of its borders by natural physical barriers. The Sierra Madre 
Mountains separate Sonora's eastern border with Chihuahua and the 
eastern part of its border with Sinaloa. There are few mountain passes 
crossing from Chihuahua and only two ports of entry in the southern 
part of the State, both controlled by inspection points. In the west, 
the Gulf of California acts as a natural barrier.

Movement Across Borders

    Mexican Federal regulations exist to control inter- and intrastate 
animal movement, and the Federal Government monitors vehicle movements 
within the States. Movement of live hogs from CSF control zones into 
free zones is not allowed, thus avoiding the greatest source of risk. 
Pork products from States of lower health status may be imported into 
CSF-free States only if they meet time and temperature processing 
requirements and if they originate from an approved TIF plant. Products 
must be moved in vehicles sealed with metal straps.

Yucatan Peninsula

    The primary means for preventing the reintroduction of CSF into the 
Yucatan Peninsula is through regulations controlling the movement of 
land and air traffic. Observations made by site-visit team members 
verified effective implementation of these controls. Interstate 
checkpoints are manned at all times. Military personnel are commonly 
located at these crossing points and provide support. As part of a 
system of sanitary barriers within Mexico, the border checkpoints 
between Campeche and Tabasco provide 24-hour inspection and control. 
All roads that traverse the border between these two States are tightly 
monitored and controlled by officials from SAGARPA, peninsular 
governments, and law enforcement and military personnel from Campeche, 
Quintana Roo, and Yucatan, as well as from the State of Tabasco. The 
APHIS site-visit team observed that animal and plant products found 
during vehicle searches were confiscated and incinerated. Movement of 
livestock and poultry between States is prohibited without proper 
movement authorization/documentation, and the transport of unauthorized 
live animals from Tabasco is strictly prohibited.
    There are two international airports on the peninsula, one at 
Merida and one at Cancun. There are national airports in Campeche and 
Quintana Roo. The site-visit team visited the international airport at 
Merida, Yucatan. Program officials inspect incoming domestic flights, 
including passengers, cargo, and containers for unpermitted 
agricultural products, including food wastes and stores. Because most 
domestic flights originate from areas not yet declared free of CSF, 
food served on airplanes is not permitted to contain pork.
    The maritime port of Progreso primarily handles shipments of grain. 
Animals and animal products are permitted entry if the proper health 
certificate and permitting requirements are met. There are four full-
time inspectors, including two veterinarians.
    Animals can be brought into the Yucatan Peninsula States only from 
disease-free zones of Mexico. Permits specify that swine must come in 
via a specified route through low-risk States;

[[Page 61298]]

the greatest problem is the State of Tabasco due to its more frequent 
disease findings as compared with other regions. To address this, 
Federal and State officials have set up a system requiring that animals 
must transit Tabasco within an approved time limit. Pork products from 
States of lower health status may be imported only if they meet time 
and temperature processing requirements and if they originate in an 
approved TIF plant.
    Officials in the Yucatan Peninsula have the authority, procedures, 
and the infrastructure for effective enforcement of the system of 
permits, inspection, quarantines, and treatments in place to control 
animals and animal products. APHIS was unable to identify specific 
limitations in the system that might pose a risk to the United States.

Sonora

    The primary means for preventing the reintroduction of CSF in 
Sonora is through the implementation of Federal and local regulations 
to control animal and animal product movements. A system of permits, 
inspections, quarantines, and treatments is in place to control the 
cross-border movements of animals and animal products. The State 
government gives authorization for the entry of animals and checks and 
reviews documentation at inspection posts for animals and vehicles. The 
Federal government issues import/export permits, distributes animal 
health certificates to the State's Livestock Producers' Union, reviews 
inspection documents, and, when necessary, applies quarantine measures 
at control posts. Under its cooperative arrangement with the Federal 
government, the Livestock Producers' Union reviews documentation 
required for sanitary waybills and issues the animal health 
certificates. Sonora has the authority, procedures, and infrastructure 
to enforce its regulations effectively. APHIS was unable to identify 
specific limitations in the system that might pose a risk to the United 
States.

Livestock Demographics and Marketing Practices

Yucatan Peninsula

    In recent years, the Yucatan Peninsula has seen a significant 
growth in production of poultry, swine, and cattle. Several major 
companies control the commercial herds. The site-visit team had the 
opportunity to go to one of the large commercial farms and a swine 
processing plant. Both followed strict biosecurity measures. The site-
visit team also went to the peninsula's only USDA-approved TIF swine 
processing plant, located near Merida, Yucatan. The current capacity of 
this plant is about 500,000 head per year, and the plant exports 8 to 9 
containers (22 tons/container) of pork per week to Japan and Korea. The 
plant is expected to increase its capacity to 850,000 head per year by 
2002 to meet the demands of the growing export market.
    For both economic and animal health reasons, the swine industry in 
the Yucatan Peninsula is committed to producing quality hogs and 
maintaining CSF-free status. Industry leaders have demonstrated 
awareness of animal disease control measures to ensure the maintenance 
of a healthy and productive animal industry. Industry groups contribute 
funds to develop and improve sanitary operations to maintain the CSF-
free status of their respective States. The eradication of CSF from the 
peninsula was largely due to the dedication and persistence of the 
industry and to its willingness to work with animal health officials to 
ensure that the disease is not reintroduced. No factors were identified 
in this category that might pose a risk to the United States if swine 
or swine products were to be imported from Campeche, Quintana Roo, or 
Yucatan.

Sonora

    The swine industry in Sonora is made up of only about 174 
producers, who own about 136,000 sows with an annual production of 2.4 
million market hogs. The State supplies about 14 percent of Mexico's 
pork production. The average herd has about 600 to 800 sows. Commercial 
production is similar to that seen in the United States. Ninety-five 
percent or more of the production is commercial. The swine industry 
owns and operates its own slaughter facilities, which are under Federal 
inspection, and implements very good security measures at all 
production levels. Detailed production records are maintained, and 
necropsies are routinely performed on site. For both economic and 
animal health reasons, the swine industry in Sonora is committed to the 
production of quality hogs and maintaining CSF-free status. A unique 
and collaborative relationship exists among the swine producer 
associations, the Livestock Subdelegate office, and the State and 
Federal animal health officials. The CSF campaign in Sonora was 
financed by the swine producers' associations.
    A small number of backyard farms exist in Sonora. Production from 
these farms is for local (family) consumption. A possible risk factor 
for the reintroduction of CSF into Sonora is the lack of enforcement of 
the prohibition on garbage feeding for backyard swine. This risk is 
mitigated, however, because Mexico has an international garbage control 
system in place that is actively operational at seaports and 
international airports. Based on previous site visits, it is APHIS's 
view that the same active system holds true for Sonora. Therefore, the 
swill being fed to backyard pigs is produced locally and does not come 
from external garbage sources that might be infected with CSF. 
Moreover, backyard swine are unlikely to be exported directly or to 
come in contact with commercial swine, so the issue of garbage feeding 
is not seen as one that would be likely to affect U.S. imports.
    APHIS did not identify any factors in the livestock demographics 
and marketing practices category that might pose a risk to the United 
States if swine or swine products were to be imported from Sonora.

Detection and Eradication of Disease

    CSF has been effectively controlled and eradicated from Campeche, 
Quintana Roo, Sonora, and Yucatan 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 Campeche, 
Quintana Roo, Sonora, and Yucatan have the laws, policies, and 
infrastructure to detect, respond to, and eliminate any reoccurrence of 
CSF.
    These findings are described in further detail in a qualitative 
evaluation that may be obtained from 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 Campeche, Quintana Roo, 
Sonora, and Yucatan are free of CSF. Therefore, we are proposing to 
recognize the Mexican States of Yucatan, Campeche, Quintana Roo, and 
Sonora as free of CSF and to add them to the lists in Sec. Sec.  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 Campeche, Quintana Roo, 
Sonora,

[[Page 61299]]

and Yucatan, references to these States in Sec.  94.15(b) and Sec.  
94.15(b)(2) would be removed.
    Finally, we are proposing to remove and reserve Sec.  94.20, which 
contains restrictions on the importation into the United States of pork 
and pork products from the States of Sonora and Yucatan. Under the 
proposed rule, these restrictions would no longer apply.

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 Sec. Sec.  94.9 
and 94.10 by adding the Mexican States of Campeche, Quintana Roo, 
Sonora, and Yucatan to the lists of regions considered free of CSF. 
These proposed changes would allow importation into the United States 
of pork, pork products, live swine, and swine semen from these regions.
    Based on the assumption that Campeche, Quintana Roo, Sonora, and 
Yucatan would not drastically increase their levels of production of 
live swine, swine semen, pork, and pork products over those of the last 
few years, we do not anticipate that U.S. producers of those 
commodities would experience any substantial negative economic effects 
as a result of this proposed action. This is because the United States 
could be expected to import only a small amount of those commodities 
from the four Mexican States.
    This proposed rule is likely to have a minimal effect on U.S. live 
swine markets, both in the short term and in the medium term. Hog 
inventory of the four States covered by this rulemaking amounted to 
about 5 percent of U.S. hog and pig inventory in 2001.\1\ Moreover, the 
four States covered by this rulemaking account for only about 13 
percent of Mexico's live swine production. In 2001, the State of Sonora 
produced 10 percent of Mexico's live swine, Yucatan 2.3 percent, 
Quintana Roo 0.7 percent, and Campeche 0.2 percent. Figures for live 
swine are provided in table 6.
---------------------------------------------------------------------------

    \1\ Agricultural Outlook, Aug. 2002, p. 47.

                                         Table 6.--Live Hogs in Four Mexican States and Mexico as a Whole, 2001
--------------------------------------------------------------------------------------------------------------------------------------------------------
                State                             Hogs in commercial farms                       Hogs in backyard operations                All hogs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Campeche............................  6,612 (in 5 farms).............................  31,607 (in 137,174 farms)......................            38,219
Quintana Roo........................  29,179 (in 38 farms)...........................  137,174 (in 13,450 farms)......................           166,353
Sonora..............................  2,536,000 (in 174 farms).......................  200 (unknown farms)............................         2,536,200
Yucatan.............................  500,000 (in 252 farms).........................  82,672 (in 8,786 farms)........................           582,672
Sum of 4 States.....................  3,071,791......................................  251,653........................................         3,323,444
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 Campeche, Quintana Roo, Sonora, and Yucatan; Risk Analysis
  Systems, PPD, APHIS, USDA.

    This rulemaking is also unlikely to have a significant effect on 
U.S. pork and pork products markets because, as with live swine, the 
United States is unlikely to import large amounts of these commodities 
from Campeche, Quintana Roo, Sonora, and Yucatan. The United States is 
a net exporter of pork, while Mexico, as indicated below in tables 7 
and 8, is a net importer. Between 1999 and 2001, Mexican imports ranged 
between 130,000,000 and 150,000,000 kilograms, and exports ranged 
between 33,000,000 and 40,000,000 kilograms. Exports averaged only 
around 3.3 percent of total Mexican pork production.

                            Table 7.--Mexican Pork Production and Imports (Kilograms)
----------------------------------------------------------------------------------------------------------------
                 Calendar Year                          1999                  2000                  2001
----------------------------------------------------------------------------------------------------------------
Production....................................           994,000,000         1,035,000,000         1,060,000,000
Imports.......................................           143,000,000           130,000,000           150,000,000
Total Supply..................................         1,137,000,000         1,165,000,000        1,210,000,000
----------------------------------------------------------------------------------------------------------------
Source: USDA, FAS, GAIN Report  MX1010, Mexico, Livestock and Products, Semiannual Report 2001; Source
  for stocks is the FAOSTAT database.


                           Table 8.--Mexican Pork Consumption and Exports (Kilograms)
----------------------------------------------------------------------------------------------------------------
                 Calendar Year                          1999                  2000                  2001
----------------------------------------------------------------------------------------------------------------
Exports.......................................            33,000,000            35,000,000            40,000,000
Domestic Consumption..........................         1,104,000,000         1,130,000,000         1,170,000,000
Total Demand..................................         1,137,000,000         1,165,000,000        1,210,000,000
----------------------------------------------------------------------------------------------------------------
Source: USDA, FAS, GAIN Report  MX1010, Mexico, Livestock and Products, Semiannual Report 2001.

Economic Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies 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 Campeche, Quintana Roo, Sonora, and Yucatan 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 expect that U.S. hog producers, U.S. exporters of live 
hogs,

[[Page 61300]]

or U.S. exporters of pork and pork products, small or otherwise, would 
be affected significantly by this proposed rule. This is because, for 
the reasons discussed above, the amount of live swine, pork, other pork 
products, and swine semen imported into the United States from the 
Mexican States of Sonora, Yucatan, Campeche, and Quintana Roo is likely 
to be small.
    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 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

    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 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), EXOTIC 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. 450, 7711-7714, 7751, 7754, 8303, 8306, 
8308, 8310, 8311, and 8315; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 
42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.9  [Amended]

    2. In Sec.  94.9, paragraph (a) would be amended by adding the 
words ``the Mexican States of Campeche, Quintana Roo, Sonora, and 
Yucatan;'' after the words ``Isle of Man;''.


Sec.  94.10  [Amended]

    3. In Sec.  94.10, paragraph (a) would be amended by adding the 
words ``the Mexican States of Campeche, Quintana Roo, Sonora, and 
Yucatan;'' after the words ``Isle of Man;''.
    4. In Sec.  94.15, paragraph (b), introductory text, and paragraph 
(b)(2) 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, Chihuahua, Coahuila, Nuevo Leon, and Sinaloa, 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:
    (1) * * *
    (2) The pork or pork products are packaged at a Tipo 
Inspecci[oacute]n Federal plant in Baja California, Baja California 
Sur, Chihuahua, Coahuila, Nuevo Leon, or Sinaloa, Mexico, in leakproof 
containers and sealed 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.
* * * * *


Sec.  94.20  [Removed and Reserved]

    5. Section 94.20 would be removed and reserved.

    Done in Washington, DC, this 24th day of September, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-24753 Filed 9-27-02; 8:45 am]
BILLING CODE 3410-34-P