[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Proposed Rules]
[Pages 61578-61580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21306]


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 Proposed Rules
                                                 Federal Register
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 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. 70, No. 205 / Tuesday, October 25, 2005 / 
Proposed Rules  

[[Page 61578]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 02-083-1]


Importation of Meat That Originates in an FMD Region and Is Cured 
or Cooked in Another Region

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the animal and animal product import 
regulations by adding provisions for the importation of cured or cooked 
shelf-stable meat derived from ruminants or swine that originate in a 
region where rinderpest or foot-and-mouth disease exists if the meat is 
cured or cooked in another region. This action would provide for the 
importation of these commodities while continuing to protect the U.S. 
ruminant and swine populations against incursions of rinderpest and 
foot-and-mouth disease.

DATES: We will consider all comments that we receive on or before 
December 27, 2005.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2005-0087 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 02-083-1, 
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. 02-083-1.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Masoud Malik, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; 
(301) 734-3277.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of specified animals and animal 
products to prevent the introduction into the United States of various 
animal diseases, including rinderpest, foot-and-mouth disease (FMD), 
bovine spongiform encephalopathy, swine vesicular disease, classical 
swine fever, and African swine fever. These are dangerous and 
destructive communicable diseases of ruminants and swine.
    Section 94.4 sets out conditions under which cured or cooked meat 
derived from ruminants or swine originating in regions where rinderpest 
or FMD exists may be imported into the United States. Paragraph (a) 
contains requirements for cured meat, and paragraph (b), for cooked 
meat.
    Currently, the regulations in Sec.  94.4 do not specifically 
address the issue of cured or cooked shelf-stable meat that originates 
in a region with FMD or rinderpest but is cured or cooked in another 
region. Current Sec.  94.4(a)(4) states that the certificate that must 
accompany imported cured meat originating in a region with FMD or 
rinderpest must be issued by an official of the national government of 
the region of origin. Similarly, current Sec.  94.4(b)(8) states that 
the certificate that must accompany imported cooked meat originating in 
a region with FMD or rinderpest must be issued by an official of the 
national government of the region of origin. No provision is made for 
the issuance of certificates by governments other than those where the 
products originate. We are proposing to amend Sec.  94.4(a) and (b) to 
add such provisions, while maintaining existing safeguards against 
incursions of rinderpest and FMD. While it is our primary objective in 
this rulemaking to provide for the importation of meat that originates 
in a region affected by FMD or rinderpest but is then cured or cooked 
in a region recognized as free of those diseases, the changes we are 
proposing would also allow the importation of shelf-stable meat that 
originates in an FMD- or rinderpest-affected region and is then cured 
or cooked according to the regulations in another region where FMD or 
rinderpest is present. It is our view that cured or cooked shelf-stable 
meat originating in a region with FMD or rinderpest may be safely 
imported into the United States, regardless of where it is cured or 
cooked, if the curing or cooking is done in accordance with the 
regulations in Sec.  94.4.
    Currently, the introductory text of Sec.  94.4(a) prohibits the 
importation of cured meat derived from any ruminants or swine that 
originate in a region where rinderpest or FMD exists unless the meat is 
prepared in accordance with the conditions specified in the ensuing 
paragraphs ((a)(1) through (a)(4)). We would amend that introductory 
text to indicate that the same restrictions also apply when meat 
derived from any ruminant or swine that originates in a region where 
rinderpest or FMD exists is cured in another region.
    We are proposing to amend Sec.  94.4(a)(4) in a similar manner. 
Current paragraph (a)(4) stipulates that cured meat imported from 
regions with rinderpest or FMD must be accompanied by a certificate 
issued by an official of the national government of the region of 
origin who is authorized to issue the foreign meat inspection 
certificate required by 9 CFR 327.4, stating that the meat has been 
prepared in accordance with Sec.  94.4(a)(1), (a)(2), and (a)(3)(i). 
The certificate must be presented to an authorized inspector at

[[Page 61579]]

the port of arrival in the United States. We would amend paragraph 
(a)(4) to indicate that the certificate may either be issued by an 
authorized official of the national government of the region of origin 
or, if the meat was cured in another region, by an authorized official 
of the national government of the region in which the meat was cured.
    Conditions for the importation of cooked meat derived from any 
ruminants or swine that originate in a region where rinderpest or FMD 
exists are provided in Sec.  94.4(b). Current paragraph (b)(3) provides 
a blanket exemption from these requirements for canned meat, which is 
defined, in part, in the regulations of the Food Safety and Inspection 
Service of the U.S. Department of Agriculture (USDA) in 9 CFR 
318.300(d) as a ``meat food product with a water activity above 0.85 
which receives a thermal process either before or after being packed in 
a hermetically sealed container.''
    Paralleling our changes to the provisions for imported cured meat 
in proposed Sec.  94.4(a), we are proposing to amend Sec.  94.4(b)(3) 
to provide for the importation into the United States of shelf-stable 
canned meat that is derived from any ruminants or swine originating in 
an FMD-or rinderpest-affected region and is then cooked and sealed in 
another region. Additionally, we would amend Sec.  94.4(b)(3) to be 
more specific regarding cooking and sealing requirements for canned 
meat. Specifically, proposed Sec.  94.4(b)(3) would state that such 
meat, whether cooked and sealed in the region of origin or in another 
region, is exempt from the requirements of Sec.  94.4 if the meat or 
meat product has been fully cooked by a commercial method in a 
container hermetically sealed promptly after filling but before such 
cooking, so that such cooking and sealing produce a fully sterilized 
product that is shelf-stable without refrigeration.\1\ In specifying 
that only shelf-stable canned meats that are prepared in this manner 
would be exempt from the other requirements of Sec.  94.4, our proposal 
would offer greater protection to the U.S. ruminant and swine 
populations against the introduction of rinderpest or FMD than do the 
current regulations.
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    \1\ While this process is relatively standardized, other cooking 
processes described in Sec.  94.4(b) are very specific and 
complicated, requiring USDA inspection and verification in the 
region in which the meats are cooked. Therefore, this proposed rule 
does not extend to those other cooking processes.
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    Certification requirements for cooked meat imported into the United 
States from regions where rinderpest or FMD exists are contained in 
current paragraph (b)(8). Such meat must be accompanied by a 
certificate issued by an official of the national government of the 
region of origin who is authorized to issue the required foreign meat 
inspection certificate, stating that the cooked meat satisfies the 
requirements of Sec.  94.4(b). The certificate must be presented to an 
inspector at the port of arrival in the United States. We would amend 
this paragraph so that it would reflect our proposed changes to Sec.  
94.4(b)(3). Under our proposed Sec.  94.4(b)(8), the certificate could 
either be issued by an authorized official of the national government 
of the region of origin or, if the meat being imported is shelf-stable 
canned meat that was cooked in accordance with Sec.  94.4(b)(3) in 
another region, by an authorized official of the national government of 
the region in which the meat was cooked.

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 by adding provisions 
in Sec.  94.4 for the importation of cured or cooked shelf-stable meat 
derived from any ruminants or swine that originate in a region with 
rinderpest or FMD if the meat is then cured or cooked in another 
region.
    As shown in table 1, the amount of processed red meat (beef, veal, 
and pork) imported into the United States in 2003 accounted for 2.4 
percent of the total of U.S. red meat imports and was equivalent to 
less than 1 percent of U.S. production of red meat. We do not 
anticipate that the amount of processed red meat imported into the 
United States would increase significantly as a result of the proposed 
changes. Therefore, the proposed action is not likely to have any 
significant economic effect on any U.S. entities.

  Table 1.--U.S. Production and U.S. Imports of Red Meat in 2003 (HS 4-
                                 Digit)
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                                    U.S. imports of
                                     all red meat       U.S. imports of
   U.S. production of red meat        (fresh and      processed red meat
                                      processed)
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 21,038,527.2 metric tons.......  2,024,907.0 metric  47,697.4 metric
                                   tons.               tons.
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Source: USDA, Economic Research Service, Livestock, Dairy, & Poultry
  Outlook/ LDP-M-135/September 16, 2005, and USDA, Foreign Agricultural
  Service, HS-4 digit imports (http://www.fas.usda.gov/ustrdscripts).

    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. Among the small 
entities that could be affected by this proposed rule are beef cattle 
ranchers, dairy cattle producers, and processors of red meat. Beef 
cattle ranchers and dairy cattle producers are considered small 
entities, according to the criteria of the Small Business 
Administration, as long as their annual sales are less than or equal to 
$750,000. Producers of cattle on feedlots are considered small entities 
if their annual revenues are less than or equal to $1.5 million. 
According to the U.S. Agricultural Census, in 1997, 99 percent of beef 
cattle ranchers, dairy cattle producers, and cattle producers on 
feedlots qualified as small entities. For the reasons discussed 
earlier, however, we do not expect that this proposed rule would have 
any significant economic effect on any of these entities or on any 
other U.S. entities, small or large.
    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

[[Page 61580]]

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, CLASSICAL 
SWINE FEVER, 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, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

    2. In Sec.  94.4, the introductory text of paragraph (a), paragraph 
(a)(4), paragraph (b)(3), and paragraph (b)(8)(i) would be revised to 
read as follows:


Sec.  94.4  Cured or cooked meat originating in regions where 
rinderpest or foot-and-mouth disease exists.

    (a) Whether the meat is cured in the region of origin or in another 
region, the importation of cured meats derived from any ruminant or 
swine that originates in a region where rinderpest or foot-and-mouth 
disease exists, as designated in Sec.  94.1, is prohibited unless the 
following conditions have been fulfilled:
* * * * *
    (4) The cured meat shall be accompanied by a certificate stating 
that such meat has been prepared in accordance with paragraphs (a)(1), 
(a)(2), and (a)(3)(i) of this section. The certificate shall be issued 
by an official of the national government of the region of origin or, 
if the meat was cured in another region, by an official of the national 
government of the region in which the meat was cured, who is authorized 
to issue the foreign meat inspection certificate required by Sec.  
327.4 of this title. Upon arrival of the cured meat in the United 
States, the certificate must be presented to an authorized inspector at 
the port of arrival.
    (b) * * *
    (3) Shelf-stable canned meat. Shelf-stable canned meat, whether 
cooked and sealed in the region of origin or in another region, is 
exempt from the requirements of this section if cooked and sealed in 
the following manner: The meat or meat product has been fully cooked by 
a commercial method in a container hermetically sealed promptly after 
filling but before such cooking, so that such cooking and sealing 
produce a fully sterilized product that is shelf-stable without 
refrigeration.
* * * * *
    (8) * * * (i) The cooked meat must be accompanied by a certificate 
stating: ``This cooked meat produced for export to the United States 
meets the requirements of title 9, Code of Federal Regulations, Sec.  
94.4(b).'' The certificate must be issued by an official of the 
national government of the region of origin or, if the meat is shelf-
stable canned meat that was cooked and sealed in accordance with Sec.  
94.4(b)(3) in another region, by an official of the national government 
of the region in which the meat was cooked and sealed, who is 
authorized to issue the foreign meat inspection certificate required by 
Sec.  327.4 of this title. Upon arrival of the cooked meat in the 
United States, the certificate must be presented to an authorized 
inspector at the port of arrival.
* * * * *

    Done in Washington, DC, this 19th day of October 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-21306 Filed 10-24-05; 8:45 am]
BILLING CODE 3410-34-P