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. 98-095-2]

Pork and Pork Products From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; and notice of extension of comment period.

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SUMMARY: In a proposed rule published in the Federal Register on July

19, 1999, we proposed to amend the regulations to allow fresh (chilled

or frozen) pork and pork products from the Mexican States of Baja

California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche,

and Quintana Roo to transit the United States, under certain

conditions, for export to another country. Although we proposed to

allow in-transit movements of pork from the above States under the same

conditions currently required under 9 CFR part 94 for pork from the

Mexican States of Sonora, Chihuahua, Yucatan, and Baja California, it

was also our intent to propose that such movements be allowed via land

border ports only. This document amends our proposal accordingly.

DATES: We invite you to comment on Docket No. 98-095-1 as amended by

this docket. We will consider all comments that we receive by November

15, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

095-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238

[[Page 50015]]

Please state that your comment refers to Docket No. 98-095-1.

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.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

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

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

VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737; (301) 734-

4356.

SUPPLEMENTARY INFORMATION:

Background

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

regulations) allow fresh (chilled or frozen) pork and pork products

from the Mexican States of Sonora, Chihuahua, Yucatan, and Baja

California to transit the United States, under certain conditions, for

export to another country. The transit provisions are contained in

Sec. 94.15(b) of the regulations. In a proposed rule published in the

Federal Register on July 19, 1999 (64 FR 38599-38603, Docket No. 98-

095-1), we proposed to amend the regulations to allow fresh (chilled or

frozen) pork and pork products from additional Mexican States (Baja

California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche,

and Quintana Roo) to transit the United States under the conditions set

forth in Sec. 94.15(b) of the regulations.

Although we did not specify that the transit provisions in

Sec. 94.15(b) are intended to apply only to pork and pork products that

transit the United States via land border ports, it was our intent to

do so. Therefore, this document amends our original proposed rule to

clarify that the transit provisions in Sec. 94.15(b) would apply only

to pork and pork products that transit the United States via land

border ports.

The regulations in Sec. 94.15(d) currently allow for the transit of

animal products, including fresh (chilled or frozen) pork and products

from Mexico, via maritime and air ports, under certain conditions. The

conditions in 94.15(d)(3) specify that animal products transiting the

United States via maritime or air ports may not be moved overland

outside the airport terminal or dock area of the maritime port. We do

not allow such overland movements from maritime and land ports because

we do not have the resources available to ensure that such movements

are properly documented and that proper safeguards are applied. The

provisions in Sec. 94.15(b) are intended to provide safe procedures for

overland transit of the United States.

Comments sent to us on our July 19, 1999, proposed rule (Docket No.

98-095-1) were required to be received on or before September 17, 1999.

To allow the public enough time to comment on this amendment as it

relates to the proposed rule, we are extending the period during which

we will accept comments on Docket No. 98-095-1 until November 15, 1999.

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), 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).

2. In Sec. 94.15, paragraph (b) introductory text would be revised

to read as follows:

Sec. 94.15 Animal products and materials; movement and handling.

* * * * *

(b) Pork and pork products from Baja California, Baja California

Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa,

Sonora, Tamaulipas, and Yucatan, Mexico, that are not eligible for

entry into the United States in accordance with this part may transit

the United States via land border ports for immediate export if the

following conditions are met:

* * * * *

Done in Washington, DC, this 9th day of September 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-24050 Filed 9-14-99; 8:45 am]

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