Importation of Uncooked Pork and Pork Products, 471-475 [E6-22629]
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471
Proposed Rules
Federal Register
Vol. 72, No. 3
Friday, January 5, 2007
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.
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
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.
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
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ADDRESSES:
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• 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
https://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
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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 CSFfree 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
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
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 § 94.9(c).
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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
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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.
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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
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
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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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
Source
2003
2004
2005
2006 (Jan.–Sept.)
Million
lbs
Million
dollars
Million
lbs
Million
dollars
Million
lbs
Million
dollars
Million
lbs
Million
dollars
Million
lbs
Canada .....................
Denmark ...................
Ireland ......................
Finland ......................
Netherlands ..............
United Kingdom ........
Mexico ......................
Sweden ....................
Germany ...................
Australia ...................
New Zealand ............
Chile .........................
Iceland ......................
Belgium ....................
571.936
132.211
7.511
3.673
0.054
2.205
0
0
9.437
0.121
0
0
0
0
717.653
82.126
5.076
2.344
0.042
1.464
0
0
0.362
0.066
0
0
0
0
644.806
156.324
9.998
2.115
0
4.281
0.949
0.098
9.353
0.038
0.037
0
0
0
770.337
100.829
6.406
1.813
0
3.282
0.864
0.090
0.303
0.027
0.032
0
0
0
760.886
182.794
128.38
6.792
8.511
4.184
2.498
2.950
0
0.05
0
0
0
0
706.22
102.95
6.37
4.82
4.24
2.25
1.60
1.61
0
0.020
0
0
0
0
745.496
154.933
12.192
4.797
9.373
10.787
4.212
2.400
0.319
0.056
0
0
0
0
694.75
76.01
5.711
2.99
4.96
4.82
2.29
1.230
0.26
0.053
0
0
0
0
507.718
114.042
7.246
4.311
9.627
5.48
3.669
1.635
0.381
0
0
0.336
0.161
0.058
485.886
63.095
3.251
2.401
5.110
2.347
2.349
0.757
0.201
0
0
0.293
0.053
0.051
World total .........
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Million
dollars
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
Additionally, entities that produce
hogs and pigs (NAICS 112210) could
also be affected.5 There were 82,028
4 U.S. Census Bureau, 2002 Economics Census:
Manufacturing—Industries Series and Wholesale
Trade-Subject, August 2006.
5 SBA, Small Business Size Standards matched to
North American Industry Classification System,
Effective July 31, 2006.
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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.
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
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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 ........................
Change in U.S. consumption,
million pounds ...................
Change in U.S. production,
million pounds ...................
Change in wholesale price of
pork, dollars per pound .....
Change in consumer welfare
Change in producer welfare
Annual net welfare gain
4.58
2.183
¥2.397
$0.000086
$1,650,000
¥$1,558,000
$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.
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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
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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-ANDMOUTH 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.
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2. In 94.9, a new paragraph (e) would
be added to read as follows:
§ 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:
(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
12 See
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footnote 9 in § 94.8.
05JAP1
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Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Proposed Rules
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
VerDate Aug<31>2005
15:47 Jan 04, 2007
Jkt 211001
the processing establishment for at least
2 years.
*
*
*
*
*
§ 94.12
[Amended]
3. In § 94.12, footnotes 12 and 13
would be redesignated as footnotes 13
and 14, respectively.
§ 94.16
[Amended]
4. In § 94.16, footnote 14 would be
redesignated as footnote 15.
§ 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
‘‘§ 94.17(e) of this part’’ would be
removed and the words ‘‘paragraph (e)
of this section’’ added in their place.
§ 94.18
[Amended]
6. In § 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
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS–2005–0096]
Change in Disease Status of the
Patagonia South Region of Argentina
With Regard to Rinderpest and Footand-Mouth Disease
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We are proposing to amend
the regulations to add that portion of the
Patagonia region of Argentina located
south of latitude 42° south (Patagonia
South) to the list of regions considered
free of rinderpest and foot-and-mouth
disease (FMD). We are taking this action
because we have determined that
Patagonia South is free of rinderpest and
FMD. We are also proposing to add that
region to the list of regions that are
subject to certain import restrictions on
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
475
meat and meat products because of their
proximity to or trading relationships
with rinderpest-or FMD-affected
countries. These actions would update
the disease status of Patagonia South
with regard to rinderpest and FMD
while continuing to protect the United
States from an introduction of those
diseases by providing additional
requirements for any meat and meat
products imported into the United
States from Patagonia South.
DATES: We will consider all comments
that we receive on or before March 6,
2007.
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://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–2005–
0096 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–2005–0096,
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–
2005–0096.
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
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Silvia Kreindel, Veterinary Medical
Officer, Regionalization Evaluation
Services, National Center for Import and
Export, VS, APHIS, 4700 River Road
Unit 38, Riverdale, MD 20737–1231;
(301) 734–8419.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
E:\FR\FM\05JAP1.SGM
05JAP1
]]>Agencies
[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Proposed Rules]
[Pages 471-475]
From the Federal Register Online via the Government Printing 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.
========================================================================
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.
-----------------------------------------------------------------------
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 https://
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 https://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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
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(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
