[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31069-31070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8465]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules 
and Regulations  

[[Page 31069]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93 and 94

[Docket No. 02-046-3]
RIN 0579-AB79


Importation of Swine and Swine Products from the European Union; 
Correction

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; correction.

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SUMMARY: In a final rule published in the Federal Register on May 19, 
2006, we amended the regulations governing the importation of animals 
and animal products into the United States to apply a uniform set of 
importation requirements related to classical swine fever (CSF) to a 
region consisting of all of the 15 Member States of the European Union 
(EU) that comprised the EU as of April 30, 2004 (the EU-15) and 
prohibit for a specified period of time the importation of live swine 
and swine products from any area in the EU-15 that is identified by the 
veterinary authorities of the region as a restricted zone.
    The final rule contained an error in the rule portion in the list 
of CSF-free regions and an error regarding the designation of a section 
being amended. This document corrects those errors.

DATES: Effective June 19, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    In a final rule published in the Federal Register on May 19, 2006 
(71 FR 29061-29072, Docket No. 02-046-2), we amended the regulations 
governing the importation of animals and animal products into the 
United States to apply a uniform set of importation requirements 
related to classical swine fever (CSF) to a region consisting of all of 
the 15 Member States of the European Union (EU) that comprised the EU 
as of April 30, 2004 (the EU-15) and prohibit for a specified period of 
time the importation of live swine and swine products from any area in 
the EU-15 that is identified by the veterinary authorities of the 
region as a restricted zone.
    In the rule portion of the final rule, we revised Sec. Sec.  
94.9(a) and 94.10(a). Both of those paragraphs list the regions of the 
world that APHIS considers free of CSF. In the lists set out in the 
final rule, we inadvertently omitted several regions that APHIS had 
recognized in previous rulemaking as being free of CSF. Those regions 
are the Mexican States of Campeche, Quintana Roo, Sonora, and Yucatan. 
We are correcting those lists.
    Also, in the rule portion of the final rule, we designated as Sec.  
94.25 what had been designated as Sec.  94.24 in the proposed rule, in 
effect removing the existing text in Sec.  94.25. That was incorrect; 
Sec.  94.24 as proposed should have remained designated as Sec.  94.24 
in the final rule and Sec.  94.25 should have remained unchanged. We 
are correcting those errors by redesignating as Sec.  94.24 the section 
we designated as Sec.  94.25 in the final rule and by reinserting Sec.  
94.25 as it appeared before publication of the final rule. 
Additionally, we are correcting references in Sec. Sec.  93.505(a), 
94.9(c), and 94.10(c) of the final rule to refer to Sec.  94.24, rather 
than to Sec.  94.25.

List of Subjects

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.

0
Accordingly, 9 CFR parts 93 and 94 are amended as follows:

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

0
1. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

Sec.  93.505  [Amended]

0
2. In Sec.  93.505, paragraph (a) is amended by removing the reference 
to ``Sec.  94.25(b)(6)'' and adding in its place a reference to ``Sec.  
94.24(b)(6)''.

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

0
3. The authority citation for part 94 continues 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.


0
4. In Sec.  94.9, paragraphs (a) and (c) introductory text are revised 
to read as follows:


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; Chile; Fiji; Iceland; the Mexican 
States of Baja California, Baja California Sur, Campeche, Chihuahua, 
Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and 
Trust Territory of the Pacific Islands.\1\
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    \1\ See also other provisions of this part and parts 93, 95, and 
96 of this chapter, and part 327 of this title, for other 
prohibitions and restrictions upon the importation of swine and 
swine products.
---------------------------------------------------------------------------

* * * * *
    (c) Except as provided in Sec.  94.24 for the EU-15, no fresh pork 
or pork product may be imported into the United States from any region 
where

[[Page 31070]]

classical swine fever is known to exist unless it complies with the 
following requirements:
* * * * *

0
5. In Sec.  94.10, paragraphs (a) and (c) are revised 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; Chile; Fiji; Iceland; the Mexican 
States of Baja California, Baja California Sur, Campeche, Chihuahua, 
Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and 
Trust Territory of the Pacific Islands.
* * * * *
    (c) Except as provided in Sec.  94.24 for the EU-15, 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 (d) 
of this section.
* * * * *


Sec.  94.24  [Removed] and Sec.  94.25 [Redesignated]

0
6. Section 94.24 is removed, and Sec.  94.25 is redesignated as Sec.  
94.24.
0
7. A new Sec.  94.25 is added to read as follows:


Sec.  94.25  Restrictions on the importation of live swine, pork, or 
pork products from certain regions free of classical swine fever.

    The regions listed in paragraph (a) of this section are recognized 
as free of classical swine fever (CSF) in Sec. Sec.  94.9(a) and 
94.10(a) but either supplement their pork supplies with fresh (chilled 
or frozen) pork imported from regions considered to be affected by CSF, 
or supplement their pork supplies with pork from CSF-affected regions 
that is not processed in accordance with the requirements of this part, 
or share a common land border with CSF-affected regions, or import live 
swine from CSF-affected regions under conditions less restrictive than 
would be acceptable for importation into the United States. Thus, there 
exists a possibility that live swine, pork, or pork products from the 
CSF-free regions listed in paragraph (a) of this section may be 
commingled with live swine, pork, or pork products from CSF-affected 
regions, resulting in a risk of CSF introduction into the United 
States. Therefore, live swine, pork, or pork products and shipstores, 
airplane meals, and baggage containing pork or pork products, other 
than those articles regulated under parts 95 or 96 of this chapter, may 
not be imported into the United States from a region listed in 
paragraph (a) of this section unless the requirements in this section, 
in addition to other applicable requirements of part 93 of this chapter 
and part 327 of this title, are met.
    (a) Regions subject to the requirements of this section: Chile and 
the Mexican States of Baja California, Baja California Sur, Campeche, 
Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan.
    (b) Live swine. The swine must be accompanied by a certification 
issued by a full-time salaried veterinary officer of the national 
government of the region of export. Upon arrival of the swine in the 
United States, the certification must be presented to an authorized 
inspector at the port of arrival. The certification must identify both 
the exporting region and the region of origin as a region designated in 
Sec. Sec.  94.9 and 94.10 as free of CSF at the time the swine were in 
the region and must state that:
    (1) The swine have not lived in a region designated in Sec. Sec.  
94.9 and 94.10 as affected with CSF;
    (2) The swine have never been commingled with swine that have been 
in a region that is designated in Sec. Sec.  94.9 and 94.10 as affected 
with CSF;
    (3) The swine have not transited a region designated in Sec. Sec.  
94.9 and 94.10 as affected with CSF unless moved directly through the 
region to their destination in a sealed means of conveyance with the 
seal intact upon arrival at the point of destination; and
    (4) The conveyances or materials used in transporting the swine, if 
previously used for transporting swine, have been cleaned and 
disinfected in accordance with the requirements of Sec.  93.502 of this 
chapter.
    (c) Pork or pork products. The pork or pork products must be 
accompanied by a certification issued by a full-time salaried 
veterinary officer of the national government of the region of export. 
Upon arrival of the pork or pork products in the United States, the 
certification must be presented to an authorized inspector at the port 
of arrival. The certification must identify both the exporting region 
and the region of origin of the pork or pork products as a region 
designated in Sec. Sec.  94.9 and 94.10 as free of CSF at the time the 
pork or pork products were in the region and must state that:
    (1) The pork or pork products were derived from swine that were 
born and raised in a region designated in Sec. Sec.  94.9 and 94.10 as 
free of CSF and were slaughtered in such a region at a federally 
inspected slaughter plant that is under the direct supervision of a 
full-time salaried veterinarian of the national government of that 
region and that is eligible to have its products imported into the 
United States under the Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) and the regulations in Sec.  327.2 of this title;
    (2) The pork or pork products were derived from swine that have not 
lived in a region designated in Sec. Sec.  94.9 and 94.10 as affected 
with CSF;
    (3) The pork or pork products have never been commingled with pork 
or pork products that have been in a region that is designated in 
Sec. Sec.  94.9 and 94.10 as affected with CSF;
    (4) The pork or pork products have not transited through a region 
designated in Sec. Sec.  94.9 and 94.10 as affected with CSF unless 
moved directly through the region to their destination in a sealed 
means of conveyance with the seal intact upon arrival at the point of 
destination; and
    (5) If processed, the pork or pork products were processed in a 
region designated in Sec. Sec.  94.9 and 94.10 as free of CSF in a 
federally inspected processing plant that is under the direct 
supervision of a full-time salaried veterinary official of the national 
government of that region.

    (Approved by the Office of Management and Budget under control 
numbers 0579-0230 and 0579-0235)

    Done in Washington, DC, this 25th day of May, 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-8465 Filed 5-31-06; 8:45 am]
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