Pork and Pork Products From Mexico Transiting the United States

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 95-093-2]

Pork and Pork Products From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule allows fresh, chilled, and frozen pork and

pork products from the Mexican State of Yucatan to transit the United

States, under certain conditions, for export to another country.

Previously, we allowed such pork and pork products only from the

Mexican States of Sonora and Chihuahua to transit the United States for

export. Otherwise, fresh, chilled, or frozen pork and pork products are

prohibited movement into the United States from Mexico because of hog

cholera in Mexico. Yucatan, like Sonora and Chihuahua, appears to be a

low-risk area for hog cholera, and we believe that fresh, chilled, and

frozen pork and pork products from Yucatan could transit the United

States with minimal risk of introducing hog cholera. This action will

facilitate trade.

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff

Veterinarian, Import/Export Animals, National Center for Import and

Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,

(301) 734-5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94 (referred to below as the

regulations) prohibit or restrict the importation of certain animals

and animal products into the United States to prevent the introduction

of certain animal diseases. Section 94.9 of the regulations prohibits

the importation of pork and pork products into the United States from

countries where hog cholera exists, unless the pork or pork products

have been treated in one of several ways, all of which involve heating

or curing and drying.

Because hog cholera exists in Mexico, pork and pork products from

Mexico must meet the requirements of Sec. 94.9 to be imported into the

United States. However, under Sec. 94.15, pork and pork products that

are from certain Mexican States and that are not eligible for entry

into the United States in accordance with the regulations may transit

the United States for immediate export if certain conditions are met.

Prior to the effective date of this final rule, only pork and pork

products from Sonora and Chihuahua, Mexico, were eligible to transit

the United States in accordance with Sec. 94.15.

On February 23, 1996, we published in the Federal Register (61 FR

6955-6956, Docket No. 95-093-1) a proposal to amend the regulations by

allowing pork and pork products from the Mexican State of Yucatan to

transit the United States for export under the same conditions as pork

and pork products from Sonora and Chihuahua.

These conditions were set forth as follows:

1. Any person wishing to transport pork or pork products from

Yucatan through the United States for export must first obtain a permit

for importation from the Animal and Plant Health Inspection Service

(APHIS).

2. The pork or pork products must be sealed in Yucatan in a

leakproof container, with a serially numbered seal approved by APHIS.

The container must remain sealed at all times while transiting the

United States.

3. The person moving the pork or pork products through the United

States must inform the APHIS officer at the U.S. port of arrival, in

writing, of the following information before the pork or pork products

arrive in the United States: The times and dates that the pork or pork

products are expected at the port of arrival in the United States, the

time schedule and route of the shipments through the United States, and

the permit number and serial numbers of the seals on the containers.

4. The pork or pork products must transit the United States under

Customs bond.

5. The pork or pork products must be exported from the United

States within the time period specified on the permit.

Any pork or pork products exceeding the time limit specified on the

permit or transiting in violation of any of the requirements of the

permit or the regulations may be destroyed or otherwise disposed of at

the discretion of the Administrator, APHIS, pursuant to section 2 of

the Act of February 2, 1903, as amended (21 U.S.C. 111).

We solicited comments concerning our proposal for 60 days ending

April 23, 1996. We received one comment by that date. The comment was

from a domestic pork industry group. The commenter commended the

efforts of Mexican pork producers and the Mexican Government in their

hog cholera eradication efforts, stated support for the principles of

regionalization outlined in the proposed rule, reemphasized the

importance of surveillance and control measures to minimize the risk of

transmitting hog cholera to the U.S. swine population, and discussed a

related trade issue. The commenter did not recommend any clarification

or changes to the proposed rule.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule without

change.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. Immediate

implementation of this rule is necessary to provide relief to those

persons who are adversely affected by restrictions no longer found to

be warranted. Therefore, the Administrator of the Animal and Plant

Health Inspection Service has determined that this rule should be

effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This 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 rule allows fresh, chilled, and frozen pork and pork products

from the Mexican State of Yucatan to transit the United States, under

certain conditions, for export to another country. It has been

determined that Yucatan is a low-risk area for hog cholera and has the

veterinary infrastructure necessary to monitor for the presence of the

disease.

There appears to be little risk of hog cholera exposure from

shipments of pork and pork products from Yucatan

[[Page 32647]]

transiting the United States. Assuming that proper risk management

techniques continue to be applied in Mexico and that accident and

exposure risk are minimized by proper handling during transport, the

risk of exposure to hog cholera from pork in transit from Mexico

through the United States is minimal.

Shipments of pork and pork products from Yucatan transiting the

United States will most likely be ocean shipments to Miami with final

destinations in the Caribbean and South America. Because no overland

transit of pork and pork products through the United States is expected

as a result of this rulemaking, no increase in U.S. trucking or other

U.S.-based economic activity is expected.

Both the United States and Mexico are net pork importers. U.S. pork

imports represent approximately 2 to 3 percent of production, and

Mexican imports represent 7 to 8 percent of production. With favorable

income growth expected in Mexico due to trade liberalization, meat

imports, including pork products, are expected to grow and limit

Mexican pork exports. However, facilitating export opportunities for

the Mexican pork industry may provide incentives for continued efforts

to eradicate hog cholera from infected Mexican States.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This 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, 9 CFR part 94 is amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE

FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED IMPORTATIONS

1. The authority citation for part 94 continues to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.

1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and

371.2(d).

Sec. 94.15 [Amended]

2. In Sec. 94.15, paragraph (b), the introductory text and

paragraph (b)(2) are amended by removing the words ``Chihuahua or

Sonora'' and adding the words ``Chihuahua, Sonora, or Yucatan'' in

their place.

Done in Washington, DC, this 19th day of June 1996.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-16159 Filed 6-24-96; 8:45 am]

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