Pork and Pork Products From Mexico Transiting the United States

SUMMARY: We are proposing to allow 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.

Currently, we allow such pork and pork products 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 would

facilitate trade.

DATES: Consideration will be given only to comments received on or

before April 23, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 95-093-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-093-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW, Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

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.

This provision was added to the regulations in 1992, following a United

States Department of Agriculture investigation of the hog cholera

situation in Sonora, Mexico, and a determination that pork and pork

products from Sonora could transit the United States, under certain

conditions, with minimal risk of introducing hog cholera. The Mexican

State of Chihuahua was included in this provision in a final rule

published in the Federal Register on November 15, 1995 (60 FR 57313-

57315, Docket No. 95-037-2).

Mexico's Director of Animal Health has requested that we allow pork

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

United States for export under the same conditions that currently apply

to pork and pork products from Sonora and Chihuahua. In response,

officials of the Animal and Plant Health Inspection Service (APHIS) met

recently in Yucatan with Mexican representatives knowledgeable in

disease prevention, epidemiology, and diagnostic methods. The team

reviewed the hog cholera situation in Yucatan (discussed below) and

recommended granting Mexico's request.

The last outbreak of hog cholera in the Mexican State of Yucatan

occurred in 1982. Vaccination for hog cholera was discontinued in 1993.

Mexico officially recognized Yucatan as free of hog cholera in April

1995.

The team found two factors contributing to Yucatan's apparent

success in remaining free of hog cholera: Yucatan's location and

controls by the Division of Animal Health on the movement into Yucatan

of pork, pork products, and live swine.

Yucatan is located in a fairly isolated position at the tip of a

peninsula, surrounded by the Gulf of Mexico to the north, the Mexican

State of Campeche to the southwest, and the Mexican State of Quintana

Roo to the southeast. Campeche is in the control phase of its hog

cholera program, in which swine are still being vaccinated for the

disease. Quintana Roo is in the eradication phase of its hog cholera

program, in which no cases of hog cholera have been detected for at

least 12 months and a prohibition on vaccination for hog cholera has

been instituted.

As required by the Mexican Government, Yucatan and other States

recognized by Mexico as free of hog cholera may only import live swine

and pork from other hog cholera-free States and countries. The Mexican

Government requires shipments from hog cholera-free countries to be

accompanied by a certificate of origin issued by that country's

veterinary authorities and by a certificate of import issued by the

Mexican veterinary authorities. Yucatan and other States recognized by

Mexico as being free of hog cholera also require and issue their own

permits and health certificates, further ensuring the origin of

imported products. In addition, live swine and pork imported into these

hog cholera-free States must be shipped in sealed trucks, and all

shipments are inspected at inspection stations located either on State

lines or at international ports of entry.

Under these circumstances, we believe that there would be little,

if any, risk of introducing hog cholera into the United States by

allowing pork and pork products from Yucatan to transit the

[[Page 6956]]

United States for export under the same conditions that currently apply

to pork and pork products from Sonora and Chihuahua.

These conditions will be 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 APHIS. The application for the permit tells APHIS

who will be involved in the transportation, how much and what type of

pork and pork products will be transported, when they will be

transported, and the method and route of shipment.

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 United States 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 believe that applying these same safeguards to shipments of pork

and pork products from Yucatan would prevent tampering with the

shipments, ensure that the shipments actually leave the United States,

and otherwise ensure that shipments would not present a risk of

introducing hog cholera. Therefore, we are proposing to amend

Sec. 94.15 to allow pork and pork products from the Mexican State of

Yucatan to transit the United States for export under the same

conditions that currently apply to pork and pork products from Sonora

and Chihuahua.

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 allow 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 transiting the United

States. Assuming that proper risk management techniques continue to be

applied in Mexico, and that accident and exposure risk would be

minimized by proper handling during transport, the risk of exposure to

hog cholera from pork in transit from Mexico through the United States

would be minimal.

Shipments of pork and pork products from Yucatan transiting the

United States would 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 would be

expected as a result of this rulemaking, no increase in United States

trucking or other United States-based economic activity would be

expected.

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

States 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 would

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

entities.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

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, 9 CFR part 94 would be 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 would continue 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) would be amended by removing the words ``Chihuahua or

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

their place.

Done in Washington, DC, this 20th day of February 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-4147 Filed 2-22-96; 8:45 am]

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