[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Proposed Rules]
[Pages 471-475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22629]


 ========================================================================
 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. 72, No. 3 / Friday, January 5, 2007 / 
Proposed Rules  

[[Page 471]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2006-0186]
RIN 0579-AC24


Importation of Uncooked Pork and Pork Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations for importing animal 
products to allow the importation of uncooked pork and pork products 
from regions where classical swine fever (CSF) is considered to exist 
if the uncooked pork and pork products originate in a region free of 
CSF and meet certain other conditions with respect to processing and 
shipping. This action would remove some restrictions on the importation 
of uncooked pork and pork products from regions where CSF is considered 
to exist while continuing to protect against an incursion of CSF into 
the United States.

DATES: We will consider all comments that we receive on or before March 
6, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0186 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0186, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0186.
    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 A. 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 prohibit or restrict the 
importation of certain animals and animal and poultry products into the 
United States to prevent the introduction of communicable diseases of 
livestock and poultry. Section 94.9 contains requirements that apply to 
the importation of pork and pork products from regions where classical 
swine fever (CSF) exists.
    Currently, the regulations provide that pork and pork products may 
be imported into the United States from regions where CSF exists only 
if they have been cooked or cured in the affected region as specified 
in our regulations. This is the case even if the pork or pork products 
originated in a region free of CSF but were imported through a region 
where CSF exists.
    We are proposing to allow the importation, under certain 
conditions, of uncooked pork and pork products from regions where CSF 
is considered to exist if the pork and pork products originate in a 
region free of CSF. The primary purpose of this proposed change is to 
allow uncooked pork and pork products that originate in the United 
States to be shipped for processing to Mexico, which contains areas 
where CSF is considered to exist, and then be returned to the United 
States.\1\ The proposal would, however, also allow uncooked pork and 
pork products that originate in another CSF-free region to be processed 
in a region where CSF is considered to exist and then be shipped to the 
United States. If the region of origin is free of CSF but affected with 
another serious livestock disease such as African swine fever (ASF), 
swine vesicular disease (SVD), foot-and-mouth disease (FMD), or 
rinderpest, the existing regulations for the importation of products 
from regions affected with those diseases would continue to govern 
imports from that region. This action would remove some restrictions on 
the importation of uncooked pork and pork products from regions where 
CSF is considered to exist while continuing to provide appropriate 
safeguards against an incursion of CSF into the United States.

Shipment To Approved Establishments
---------------------------------------------------------------------------

    \1\ This rule covers only the processing of uncooked pork and 
pork products. Any pork or pork products that are cooked or cured 
must meet the requirements of Sec.  94.9(c).
---------------------------------------------------------------------------

    Under this proposed rule, uncooked pork or pork products that 
originate in a region free of CSF would have to be shipped for 
processing to the region where CSF is considered to exist in closed 
containers sealed with serially numbered seals applied by an official 
of the national government of the region of origin. The shipments would 
have to be accompanied by a certificate that was signed by an official 
of the national government of the region of origin and that specifies 
the products' region of origin, the slaughtering establishment where 
the animal was slaughtered and from which the products were shipped, 
the processing establishment to which the products are consigned, and 
the numbers of the seals applied to the shipping containers.
    Upon arrival at the processing establishment, the uncooked pork or 
pork products could only be removed from the containers after an 
official of the national government of the region where the processing 
establishment is

[[Page 472]]

located had determined that the seals were intact and free of any 
evidence of tampering and the shipment is accompanied by the 
certificate described above.

Handling at Approved Establishments

    Under this proposed rule, the uncooked pork or pork products would 
be eligible for importation to the United States only if they were 
handled and processed in accordance with the following criteria:
    1. The processing establishment in a region where CSF is considered 
to exist would have to meet requirements of the Federal Meat Inspection 
Act (21 U.S.C. 601 et seq.) and the regulations of the Food Safety and 
Inspection Service (FSIS) of the United States Department of 
Agriculture (USDA) in 9 CFR, chapter III, part 327. FSIS periodically 
audits foreign country inspection systems, including a sample of 
establishments, to make sure that all FSIS requirements are met. If 
there is indication that any FSIS requirements are not being met by a 
particular establishment, FSIS can terminate the eligibility of the 
foreign establishment to import its products into the United States as 
well as refuse entry of shipments that fail to meet their requirements. 
FSIS can issue a hold order to inspect shipments of pork and pork 
products coming from that establishment until they are certain that all 
FSIS requirements are being met.
    2. The processing establishment that processes the uncooked pork 
and pork products for export to the United States could not receive or 
process any live swine, since CSF is easily spread in environments 
where swine are held or slaughtered.
    3. The processing establishment would have to be dedicated to 
processing uncooked pork and pork products from CSF-free regions. No 
pork or pork products that originate in regions where CSF is considered 
to exist could be processed at the same facility as pork or pork 
products from CSF-free regions.
    4. Operators of processing establishments would have to sign a 
compliance agreement with the Animal and Plant Health Inspection 
Service (APHIS), stating that all meat processed for importation to the 
United States would be processed in accordance with our requirements, 
that a full-time, salaried meat inspection official of the national 
government of the region where the processing facility is located would 
supervise the processing and examination of the product and certify 
that it has been processed in accordance with our requirements, and 
that APHIS personnel or other persons authorized by the Administrator 
may enter the establishment, unannounced, to inspect the establishment 
and its records.
    5. The establishment operator or a party acting on its behalf would 
have to enter into a cooperative service agreement with APHIS to ensure 
that all expenses incurred by APHIS in inspecting the establishment 
would be paid by the operators of the processing establishment. APHIS 
anticipates that an initial evaluation would be conducted and that 
subsequent inspections would occur approximately once a year. The 
cooperative service account would be required to contain a balance at 
least equal to the cost of one inspection. APHIS would charge the 
cooperative service account for travel, salary, and subsistence of 
APHIS employees, as well as administrative overhead and other 
incidental expenses (including excess baggage charges up to 150 
pounds).
    In addition, the signed certificate which accompanied the shipment 
would have to be kept on file at the processing establishment for at 
least 2 years after the export of the processed products to the United 
States, and would have to be made available to USDA inspectors to 
demonstrate compliance with our regulations, when requested, during 
announced or unannounced inspections.

Shipment to the United States

    Uncooked pork and pork products to be imported into the United 
States would have to be shipped from the region where they were 
processed in closed containers sealed with serially numbered seals 
applied by an official of the national government of that region. The 
shipments would have to be accompanied by a certificate signed by an 
official of the national government of the region where the uncooked 
pork and pork products were processed. The certificate would have to 
list the numbers of the seals applied; state that all of the conditions 
listed above have been met; and state that when the uncooked pork or 
pork products arrived at the processing establishment, the seals on the 
containers were intact and free of any evidence of tampering. A copy of 
this certificate would also have to be kept on file at the processing 
establishment for at least 2 years after the products were shipped to 
the United States.
    We believe the conditions described above would ensure that the 
uncooked pork and pork products present a minimal risk of introducing 
CSF into the United States.

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.
    We are proposing to amend the regulations for importing animal 
products to allow the importation of uncooked pork and pork products 
from regions where CSF is considered to exist if the uncooked pork and 
pork products originate in a region free of CSF and meet certain other 
conditions with respect to processing and shipping. This action would 
remove some restrictions on the importation of uncooked pork and pork 
products from regions where CSF is considered to exist while continuing 
to protect against an incursion of CSF into the United States. We 
expect the benefits of this rule to exceed costs, although neither 
benefits nor costs are likely to be significant.
    The United States is a major producer as well as trader of swine 
and swine products. Total cash receipts from hogs and pigs were $15 
billion in 2003, about 11 percent over the previous year. Marketing 
totaled 27.2 billion pounds in 2005.\2\ The United States exported a 
total of 1,811 million pounds valued at $2,068 million in 2005. 
Although exports are widely distributed, a few regions represent major 
markets. The major destinations include Japan (51.28 percent), Mexico 
(14.54 percent), Canada (13.06 percent), South Korea (6.47 percent), 
Russia (2.58 percent), Australia (2.38 percent), Romania (2.29 
percent), and Taiwan (1.55 percent). These regions accounted for 94.15 
percent of U.S. fresh or frozen pork exports in 2005. The most recent 
data (January-September 2006) also show the same pattern, with the 
above-named regions accounting for 93.96 percent of U.S. total fresh or 
frozen pork exports during that period.\3\
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    \2\ NASS/USDA, Meat Animals Production, Disposition, and Income: 
2005 Summary, April 2006.
    \3\ Source: The World Trade Atlas: Global Trade Information 
Services, Inc., U.S. Edition, September 2006.
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    The United States imported 793 million pounds of fresh or frozen 
pork valued at $945 million in 2005. Most of the imports were from 
Canada (78.93 percent) and Denmark (16.40 percent). Other regions that 
supplied pork include Ireland (1.29 percent), United Kingdom (1.14 
percent), Netherlands (0.99 percent), Finland (0.51 percent), Sweden 
(0.25 percent), Australia (0.01

[[Page 473]]

percent), Mexico (0.45 percent), and Germany (0.03 percent). The 2006 
(January-September) imports also show the same pattern. The United 
States imported 566 million pounds of fresh or frozen pork valued at 
$655 million for this partial year. (See table 1.)

                                                Table 1.--U.S. Imports of Fresh or Frozen Pork, 2002-2006
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    2002                  2003                  2004                  2005            2006 (Jan.-Sept.)
                                           -------------------------------------------------------------------------------------------------------------
                  Source                     Million    Million    Million    Million    Million    Million    Million    Million    Million    Million
                                             dollars      lbs      dollars      lbs      dollars      lbs      dollars      lbs      dollars      lbs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Canada....................................    571.936    717.653    644.806    770.337    760.886    706.22     745.496    694.75     507.718    485.886
Denmark...................................    132.211     82.126    156.324    100.829    182.794    102.95     154.933     76.01     114.042     63.095
Ireland...................................      7.511      5.076      9.998      6.406    128.38       6.37      12.192      5.711      7.246      3.251
Finland...................................      3.673      2.344      2.115      1.813      6.792      4.82       4.797      2.99       4.311      2.401
Netherlands...............................      0.054      0.042      0          0          8.511      4.24       9.373      4.96       9.627      5.110
United Kingdom............................      2.205      1.464      4.281      3.282      4.184      2.25      10.787      4.82       5.48       2.347
Mexico....................................      0          0          0.949      0.864      2.498      1.60       4.212      2.29       3.669      2.349
Sweden....................................      0          0          0.098      0.090      2.950      1.61       2.400      1.230      1.635      0.757
Germany...................................      9.437      0.362      9.353      0.303      0          0          0.319      0.26       0.381      0.201
Australia.................................      0.121      0.066      0.038      0.027      0.05       0.020      0.056      0.053      0          0
New Zealand...............................      0          0          0.037      0.032      0          0          0          0          0          0
Chile.....................................      0          0          0          0          0          0          0          0          0.336      0.293
Iceland...................................      0          0          0          0          0          0          0          0          0.161      0.053
Belgium...................................      0          0          0          0          0          0          0          0          0.058      0.051
                                           -------------------------------------------------------------------------------------------------------------
    World total...........................    718.241    809.333    819.000    883.983    928.504    823.45     944.565    793.08     654.662    565.792
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. We expect the impact 
of this rule for businesses large and small to be insignificant, but 
note here that the main industries that could be affected--meat 
processing (NAICS 311612) and meat and meat product merchant 
wholesalers (NAICS 424470)--are primarily composed of small entities. 
Under Small Business Administration (SBA) standards, meat processing 
establishments with no more than 500 employees and meat and meat 
product wholesalers with no more than 100 employees are considered 
small. In 2002, there were 1,335 companies in the United States that 
processed and sold meat. More than 97 percent of these establishments 
are considered to be small entities and had average sales of $15.4 
million, while large meat processors had average sales of $188 million. 
In 2002, there were 2,535 meat and meat product wholesalers in the 
United States. Of these establishments, 2,456 (97 percent) employed not 
more than 100 employees and are, thus, considered small by SBA 
standards. Small wholesalers had average sales of $9.3 million, while 
large entities had average sales of $131 million.\4\
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    \4\ U.S. Census Bureau, 2002 Economics Census: Manufacturing--
Industries Series and Wholesale Trade-Subject, August 2006.
---------------------------------------------------------------------------

    Additionally, entities that produce hogs and pigs (NAICS 112210) 
could also be affected.\5\ There were 82,028 such farms with sales of 
hogs. About 94 percent of these farms are considered to be small. The 
majority of entities that could be affected by the proposed changes 
would be small entities. The magnitude of impact would depend on the 
extent of an increase in U.S. trade with regions affected with CSF, 
especially with Mexico.
---------------------------------------------------------------------------

    \5\ SBA, Small Business Size Standards matched to North American 
Industry Classification System, Effective July 31, 2006.
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    As indicated above, the rule would allow uncooked pork and pork 
products that originate in the United States to be shipped for 
processing to Mexico, which contains areas where CSF is considered to 
exist, and then be returned to the United States. As the Mexican 
Government and U.S. pork producers are the entities that have requested 
this proposed rule, this trade may increase under the proposed rule, 
but we are unable to predict the size of the increase. Pork imports 
from Mexico accounted only for 0.45 percent (in terms of value and only 
0.29 percent in terms of volume) of total imports in 2005.
    To illustrate the very small impact that the rule is expected to 
have on the U.S. economy, we estimate that a doubling of pork imports 
from Mexico in 2005 (including products that originate in the United 
States), that is, an increase from 2.29 million pounds to 4.58 million 
pounds, would result in our domestic production of pork declining by 
only 0.013 percent and the quantity demanded increasing by only 0.011 
percent. The estimated quantity changes, as well as the insignificant 
price effect and the welfare impacts, are shown in Table 2. We estimate 
in this example that the annual net welfare gain of this outcome of the 
rule for the United States would equal about $92,000.

 Table 2.--The Estimated Impact on the U.S. Economy of Pork Imports From
      Mexico Doubling From Their 2005 Level of 2.29 Million Pounds
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Assumed pork imports, million pounds....................            4.58
Change in U.S. consumption, million pounds..............           2.183
Change in U.S. production, million pounds...............          -2.397
Change in wholesale price of pork, dollars per pound....       $0.000086
Change in consumer welfare..............................      $1,650,000
Change in producer welfare..............................     -$1,558,000
                                                         ---------------
    Annual net welfare gain.............................         $92,000
------------------------------------------------------------------------

    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.

[[Page 474]]

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0186. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0186, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and 
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is 
best assured of having its full effect if OMB receives it within 30 
days of publication of this proposed rule.
    This proposed rule would allow the importation of uncooked pork and 
pork products from regions where CSF is considered to exist provided 
the uncooked pork and pork products originate in a region free of CSF 
and meet certain other conditions with respect to processing and 
shipping. Allowing such importations will necessitate the use of 
several information collection activities, including certificates, 
compliance agreements, cooperative service agreements, and 
recordkeeping requirements. These information collection activities 
would aid in our efforts to ensure that uncooked pork and pork products 
processed in regions where CSF exists do not pose a disease incursion 
threat when imported into the United States.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.5 hour per response.
    Respondents: Federal animal health authorities in Mexico.
    Estimated annual number of respondents: 5.
    Estimated annual number of responses per respondent: 50.
    Estimated annual number of responses: 250.
    Estimated total annual burden on respondents: 30 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

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 94.9, a new paragraph (e) would be added to read as follows:


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

* * * * *
    (e) Uncooked pork or pork products that originated in a region 
considered to be free of classical swine fever (CSF) and are processed 
in a region where CSF exists may be imported into the United States 
under the following conditions:
    (1) Shipment to approved establishments. (i) The uncooked pork or 
pork products must be shipped from the CSF-free region of origin in 
closed containers sealed with serially numbered seals applied by an 
official of the national government of that region. They must be 
accompanied by a certificate that is signed by an official of that 
region's national government and that specifies the product's region of 
origin, the name and number of the establishment of origin, and the 
processing establishment to which the uncooked pork or pork products 
are consigned, and the numbers of the seals applied to the shipping 
containers.
    (ii) The uncooked pork or pork products may be removed from 
containers at the processing establishment in the region where CSF is 
considered to exist only after an official of that region's national 
government has determined that the seals are intact and free of any 
evidence of tampering.
    (2) Handling of uncooked pork and pork products. Establishments 
\12\ in regions where CSF is considered to exist that process uncooked 
pork or pork products for export to the United States:
---------------------------------------------------------------------------

    \12\ See footnote 9 in Sec.  94.8.
---------------------------------------------------------------------------

    (i) May not receive or handle any live swine;
    (ii) May not receive, handle, or process uncooked pork or pork 
products that originate in regions affected with CSF;
    (iii) Must keep the certificate required by paragraph (e)(1)(i) of 
this section on file at the facility for a period of at least 2 years 
after export of processed products to the United States, and must make 
those records available to USDA inspectors during inspections; and
    (iv) Must be evaluated and approved by APHIS through a site 
inspection.
    (3) Compliance agreement. The operators of the processing 
establishment must sign a compliance agreement with APHIS, stating 
that:
    (i) All meat processed for importation to the United States will be 
processed in accordance with the requirements of this part; and
    (ii) A full-time, salaried meat inspection official of the national

[[Page 475]]

government of the region in which the processing facility is located 
will supervise the processing and examination of the product, and 
certify that it has been processed in accordance with this section; and
    (iii) APHIS personnel or other persons authorized by the 
Administrator may enter the establishment, unannounced, to inspect the 
establishment and its records.
    (4) Cooperative service agreement. The processing establishment, or 
a party on its behalf, must enter into a cooperative service agreement 
with APHIS to pay all expenses incurred by APHIS for the initial 
evaluation of the processing establishment and periodically thereafter, 
including travel, salary, subsistence, administrative overhead, and 
other incidental expenses, including excess baggage up to 150 pounds. 
In accordance with the terms of the cooperative service agreement, 
before the APHIS representative's site inspection, the operator of the 
processing establishment or the party acting on their behalf must 
deposit with the Administrator an amount equal to the approximate cost 
of one inspection by an APHIS, including travel, salary, subsistence, 
administrative overhead, and other incidental expenses, including 
excess baggage up to 150 pounds. As funds from that amount are 
obligated, a bill for costs incurred based on official accounting 
records will be issued to restore the deposit to the original level, 
revised as necessary to allow for inflation or other changes in 
estimated costs. To be current, bills must be paid within 14 days of 
receipt.
    (5) Shipment to the United States. Uncooked pork or pork products 
to be imported into the United States must be shipped from the region 
where they were processed in closed containers sealed with serially 
numbered seals applied by an official of the national government of 
that region. The shipments must be accompanied by a certificate signed 
by an official of the national government of the region where the pork 
or pork products were processed that lists the numbers of the seals 
applied and states that all of the conditions of this paragraph (e) 
have been met. The certificate shall also state that the container 
seals specified in paragraph (e)(1)(i) and (ii) of this section were 
found by an official of the region's national government to be intact 
and free of any evidence of tampering on arrival at the processing 
establishment in the CSF-affected region. A copy of this certificate 
must be kept on file at the processing establishment for at least 2 
years.
* * * * *


Sec.  94.12  [Amended]

    3. In Sec.  94.12, footnotes 12 and 13 would be redesignated as 
footnotes 13 and 14, respectively.


Sec.  94.16  [Amended]

    4. In Sec.  94.16, footnote 14 would be redesignated as footnote 
15.


Sec.  94.17  [Amended]

    5. Section 94.17 would be amended as follows:
    a. Footnotes 15 and 16 would be redesignated as footnotes 16 and 
17, respectively.
    b. In newly redesignated footnote 17, the words ``footnote 15'' 
would be removed and the words ``footnote 16'' added in their place and 
the words ``Sec.  94.17(e) of this part'' would be removed and the 
words ``paragraph (e) of this section'' added in their place.


Sec.  94.18  [Amended]

    6. In Sec.  94.18, footnotes 17 and 18 would be redesignated as 
footnotes 18 and 19, respectively.

    Done in Washington, DC, this 28th day of December 2006.
 Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-22629 Filed 1-4-07; 8:45 am]
BILLING CODE 3410-34-P