Classical Swine Fever Status of the Mexican State of Nayarit, 4463-4467 [E7-1530]
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4463
Proposed Rules
Federal Register
Vol. 72, No. 20
Wednesday, January 31, 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–2006–0104]
Classical Swine Fever Status of the
Mexican State of Nayarit
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: We are proposing to amend
the regulations for importing animals
and animal products by adding the
Mexican State of Nayarit to the list of
regions considered free of classical
swine fever (CSF). We are proposing
this action at the request of the Mexican
Government and the State of Nayarit,
and after conducting a risk evaluation
that indicates that Nayarit is free of this
disease. We are also proposing to add
Nayarit to the list of CSF-affected
regions whose exports of live swine,
pork, and pork products to the United
States must meet certain certification
requirements to ensure their freedom
from CSF. These actions would relieve
certain CSF-related restrictions on the
importation into the United States of
pork, pork products, live swine, and
swine semen from Nayarit while
continuing to protect against the
introduction of this disease into the
United States.
DATES: We will consider all comments
that we receive on or before April 2,
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–
0104 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
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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–2006–0104,
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–
2006–0104.
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.
Chip Wells, Senior Staff Veterinarian,
Regionalization Evaluation ServicesImport, National Center for Import and
Export, VS, APHIS, 4700 River Road
Unit 38, Riverdale, MD 20737–1231;
(301) 734–4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94
(referred to below as the regulations)
govern the importation into the United
States of specified animals and animal
products in order to prevent the
introduction of various animal diseases,
including rinderpest, foot-and-mouth
disease, African swine fever, classical
swine fever (CSF), and swine vesicular
disease. These are dangerous and
destructive communicable diseases of
ruminants and swine. Section 94.9 of
the regulations restricts the importation
into the United States of pork and pork
products from regions where CSF is
known to exist. Section 94.10 of the
regulations prohibits, with certain
exceptions, the importation of swine
that originate in or are shipped from or
transit any region in which CSF is
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known to exist. Sections 94.9 and 94.10
provide that CSF exists in all regions of
the world except for certain regions
listed in those sections.
The Government of Mexico and the
Mexican State of Nayarit requested that
the Animal and Plant Health Inspection
Service (APHIS) evaluate the animal
disease status of the State of Nayarit
with respect to CSF and provided
information in support of that request in
accordance with 9 CFR part 92,
‘‘Importation of Animals and Animal
Products: Procedures for Requesting
Recognition of Regions.’’ Using
information submitted to us by the
Federal Government of Mexico and
State Government of Nayarit, as well as
information gathered during a site visit
by APHIS staff to Nayarit, we have
reviewed and analyzed the animal
health status of Nayarit with respect to
CSF. Our determinations concerning
this request, based on the information
submitted to us and the information we
gathered, are set forth below.
Risk Analysis
APHIS conducted a risk analysis to
examine the risk of introducing CSF 1
from the importation of swine and
swine products from Nayarit, Mexico.
These findings are described in further
detail in an April 2006 risk analysis that
may be viewed on the Regulations.gov
Web site or in our reading room.
(Instructions for accessing
Regulations.gov and information on the
location and hours of the reading room
are provided under the heading
ADDRESSES at the beginning of this
proposed rule.) We summarize our
findings for each of the 11 factors in 9
CFR 92.2 below and summarize our risk
considerations of these findings
following our discussions of the factors.
Authority, Organization, and Veterinary
Infrastructure
Nayarit has the legal authority to
enforce Federal and State CSF
regulations and the necessary veterinary
infrastructure to carry out CSF
surveillance and control activities. One
1 APHIS considers all of Mexico to be affected by
blue-eye disease of pigs, a disease which is not
known to exist in the United States. APHIS has not
evaluated Mexico, including the State of Nayarit,
for blue-eye disease. As a result, APHIS denies
permits for the importation of live swine and swine
semen from all of Mexico, including Nayarit (9 CFR
93.504(a)(3)). CSF is the disease hazard evaluated
in the risk analysis, which does not address blueeye disease.
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of the strengths observed by the joint
APHIS/Canadian Food Inspection
Agency (CFIA) site-visit team was the
apparent good communication and
cooperation existing among the Mexican
Federal, State, and municipal
government officials, the Animal
Agriculture Promotion and Protection
Committee (CFPP) representatives, and
swine producers. APHIS could not
identify any risk issues associated with
this factor that would pose an
unacceptable risk to the United States if
trade with Nayarit in swine, pork, and
pork products were to occur.
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Disease Status
The State of Nayarit has not reported
a clinical case of CSF since 1989 and
was declared free of CSF by the
Government of Mexico in May 1999.
This 15-year time period exceeds that
recommended by the World
Organization for Animal Health for the
disease-free period required for CSF
disease freedom recognition. Wild boar
are not known to exist in Nayarit, and
therefore, are not considered by APHIS
to be a risk for introduction or spread
of CSF virus in the State. APHIS also
concluded that the CSF surveillance
program, which is discussed in more
detail in the risk analysis, would likely
detect a change in the disease status of
Nayarit (i.e. introduction of CSF).
APHIS could not identify any risks
associated with this factor that would
pose any unacceptable risk to the
United States if trade with Nayarit in
swine, pork, and pork products were to
occur.
Disease Status of Adjacent Regions
Nayarit shares borders with the States
of Durango, Jalisco, Sinaloa, and
Zacatecas. Sinaloa and Durango were
declared to be CSF-free by the Mexican
Government in 1993 and 1999,
respectively. Zacatecas and Jalisco were
declared to be in the eradication phase
by the Mexican Government in 2004. On
July 18, 2006 (after the risk analysis for
this proposal was drafted), the
Government of Mexico declared the
States of Jalisco and Zacatecas to be
CSF-free. Although APHIS considers
Sinaloa to be CSF-free, APHIS has not
evaluated Durango, Zacatecas, or Jalisco,
and therefore currently considers them
to be CSF-affected.
The existence of common land
borders with CSF-affected regions does
present a risk for reintroducing CSF into
Nayarit. However, movement controls
and certification requirements regarding
region of origin and commingling
concerns are designed to mitigate this
risk. Because Nayarit has common land
borders with CSF-affected regions, we
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would add the State to the list in § 94.25
of regions considered free of CSF, but to
which additional CSF-related
certification requirements apply. The
specific requirements are explained
later in this document under the
heading ‘‘Certification Requirements.’’
Extent of Active Disease Control
Program
CSF is considered exotic to Nayarit;
therefore, it does not have an active
disease control program. However, the
Mexican Government has an ongoing
active CSF disease control program
which includes surveillance, movement
control, and emergency response
provisions for the CSF-free States such
as Nayarit. The APHIS site visit team
concluded that Nayarit is in compliance
with provisions of the program and has
maintained its CSF-free designation
since 1999.
Vaccination
Vaccination for CSF ceased in Nayarit
in March 1996, just before its status
changed from control to eradication
phase. Since that date, CSF vaccination
has been prohibited in Nayarit.
Separation From Adjacent Regions of
Higher Risk
The State of Nayarit is located along
the Pacific coastline of central Mexico.
Nayarit borders the States of Sinaloa
and Durango on the north, Zacatecas to
the east, and Jalisco on the east and
south. Natural barriers to disease
transmission include the Pacific Ocean
to the west and the Sierra Madre
Occidental Mountains to the east.
Surface transport into and out of
Nayarit primarily move along a northsouth corridor from Sinaloa in the north
and Jalisco in the south. There are no
major seaports on the Nayarit coast and
commercial air traffic is light, limited to
regional passenger service and private
aircraft.
APHIS has determined that the
natural barriers of the mountains and
ocean, and the few highways into
Nayarit, limit the movement of swine
and products into the State, thus
reducing the risk of CSF introduction.
Movement Controls
The movement controls established
by the Mexican National CSF Campaign
and implemented and enforced by the
Nayarit officials limit the illegal
movement of swine or pork products
from CSF affected zones. The system of
inspection posts in Nayarit was cited by
the APHIS site visit team as a strong
point in the State’s CSF control
program. The system of inspection posts
ensures reasonable enforcement of these
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provisions, significantly limiting the
risk of CSF introduction into Nayarit.
These findings are described in further
detail in the risk analysis.
Livestock Demographics and Marketing
Practices
Nayarit is not a major swine
production area. In 2004, there were 34
commercial swine farms in Nayarit,
with a population of 30,634 animals.
Only 2 farms had over 4,000 hogs.
Another 18,650 hogs are reared in
backyards, intended for personal
consumption by their owners. The
slaughtering and processing of swine in
Nayarit is currently handled by Stateinspected municipal plants, since there
are no federally inspected (in Spanish,
´
Tipo Inspeccion Federal, or TIF) plants
handling swine in Nayarit; slaughter
and processing through a TIF plant
would be necessary for pork to be
exported to the United States as well as
to CSF-free States in Mexico.
Currently, Nayarit consumes more
pork than it produces and does not have
the infrastructure, such as TIF plants,
necessary to meet the export
requirements of § 94.25 for exportation
of pork or pork products to the United
States. This dynamic limits the legal
movement of swine and pork from
Nayarit to the United States. Should
producers in Nayarit develop a desire to
export, they would need to identify an
appropriate TIF plant outside of the
State or request that a plant within the
State be certified as a TIF plant in
accordance with the regulatory
requirements of the U.S. Department of
Agriculture’s Food Safety and
Inspection Service (FSIS).
Disease Surveillance
An active CSF surveillance program is
conducted in Nayarit in accordance
with the National CSF Campaign.
Nayarit conducts an annual serological
sampling survey in commercial and
backyard swine herds. APHIS concludes
that the surveillance program is
sufficient to detect the presence of CSF
virus if it were to be introduced into
Nayarit.
Diagnostic Laboratory Capabilities
The State of Nayarit does not have a
diagnostic laboratory accredited for CSF
diagnosis. All samples deemed
suspicious for CSF are sent to the
National Veterinary Services Diagnostic
Laboratory (CENASA), located in the
State of Mexico. This laboratory has
been previously evaluated in other risk
analyses and was not reevaluated during
the site visit to Nayarit. Based on these
prior assessments, APHIS has
confidence that CENASA would be able
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to detect CSF in samples submitted for
serological testing.
Considering the relatively small swine
population in Nayarit, this arrangement
is satisfactory for CSF diagnosis and
surveillance needs. However, if the
swine population in the State increases
significantly, this factor may need to be
reassessed.
Emergency Response Capacity
Mexico has an established national
system for surveillance and reporting of
exotic animal diseases operated by their
Ministry of Agriculture, Livestock
Production, Rural Development,
Fishery, and Food (SAGARPA) in
collaboration with the Mexico-United
States Commission for the Prevention of
Foot and Mouth Disease and Other
Exotic Animal Diseases. As a diseasefree State, CSF virus is considered to be
exotic in Nayarit.
Whenever CSF is suspected,
SAGARPA must immediately be
notified and a precautionary quarantine
is implemented in the focal and
perifocal area to include the affected,
exposed, and at-risk premises. If CSF is
confirmed by CENASA, then the
quarantine becomes definitive.
Movement controls are implemented,
sick animals are killed, dead animals are
sanitarily disposed of, and an
epidemiological investigation ensues.
A close association and cooperation
was observed between the Mexican
Federal, State, and municipal
government officials, the CFPP staff, and
swine producers. This cooperation was
especially effective in the operation of
Nayarit’s existing animal health
checkpoints. Although no CSF suspect
cases have been reported in Nayarit in
recent years, these officials
demonstrated knowledge of processes
required under the National CSF
Emergency Plan. These observations
give APHIS confidence that an effective
veterinary infrastructure exists in
Nayarit capable of responding to a CSF
outbreak. APHIS was unable to identify
specific limitations in this system that
would pose a risk to the United States.
These findings are described in
further detail in a qualitative evaluation
that may be obtained from the person
listed under FOR FURTHER INFORMATION
CONTACT and may be viewed on the
Internet at https://www.regulations.gov.
(Instructions for accessing
Regulations.gov are provided under the
heading ADDRESSES at the beginning of
this proposed rule.) The evaluation
documents the factors that have led us
to conclude that Nayarit is free of CSF.
Therefore, we are proposing to
recognize the Mexican State of Nayarit
as free of CSF and to add it to the lists
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in §§ 94.9 and 94.10 of regions where
CSF is not known to exist.
Certification Requirements
As previously noted, we are
proposing to amend § 94.25 by adding
the State of Nayarit to the list of regions
in § 94.25, which, among other things,
applies restrictions on the importation
of live swine, pork, or pork products
from certain regions that are listed as
free of CSF in §§ 94.9(a) and 94.10(a).
A CSF-free region may be added to
the list in § 94.25(a) when it
supplements its pork supplies with
fresh (chilled or frozen) pork imported
from regions considered to be affected
by CSF, or supplements its pork
supplies with pork from CSF-affected
regions that is not processed in
accordance with the requirements of 9
CFR part 94, or has a common land
border with a CSF-affected region, or
imports live swine from CSF-affected
regions under conditions less restrictive
than would be acceptable for
importation into the United States. As
previously noted, Nayarit shares land
borders with Durango, Zacatecas, and
Jalisco, which are States we have not
evaluated for CSF and thus are
considered by APHIS to be CSFaffected. Thus, even though we are
proposing to declare Nayarit free of CSF,
there is a risk that live swine, pork, or
pork products originating in Nayarit
may be commingled with live swine,
pork, or pork products from CSFaffected regions, resulting in a risk of
CSF introduction into the United States.
Adding Nayarit to the list of regions
in § 94.25(a) would mean that live
swine, pork, or pork products and
shipstores, airplane meals, and baggage
containing pork or pork products, other
than those articles regulated under parts
95 or 96 of this chapter, may not be
imported into the United States unless
the requirements described below were
met. For all swine, pork, and pork
products, each shipment would have to
be accompanied by a certification issued
by a full-time salaried veterinary officer
of the Government of Mexico that would
have to be presented to an authorized
inspector at the port of arrival in the
United States. Pursuant to § 94.25(b),
the certification for live swine would
have to state that:
• The swine have not lived in any
region where CSF is considered to exist;
• The swine have not been in contact
with swine that have been in a region
where CSF is considered to exist;
• The swine have not transited
through a region where CSF is
considered to exist unless moved
directly through the region in a sealed
means of conveyance with the seal
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intact upon arrival at the point of
destination; and
• The conveyances or materials used
in transporting the swine, if previously
used for transporting swine, have been
cleaned and disinfected in accordance
with the requirements of 9 CFR 93.502.
Pursuant to § 94.25(c), the
certification accompanying pork or pork
products would have to state that:
• The pork or pork products are
derived from swine that were born and
raised in a CSF-free region and were
slaughtered in such a region at a
federally inspected slaughter plant that
is under the direct supervision of a fulltime salaried veterinarian of the
national government of that region and
that is eligible to have its products
imported into the United States under
the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) and the FSIS
regulations in 9 CFR 327.2;
• The pork or pork products were
derived from swine that have not lived
in any region where CSF is considered
to exist;
• The pork or pork products have
never been commingled with pork or
pork products from any region where
CSF is considered to exist;
• The pork or pork products have not
transited through a region where CSF is
considered to exist unless moved
directly through the region in a sealed
means of conveyance with the seal
intact upon arrival at the point of
destination; and
• If processed, the pork or pork
products were processed in a CSF-free
region in a federally inspected
processing plant that is under the direct
supervision of a full-time salaried
veterinarian of the Government of
Mexico.
As mentioned above, the State of
Nayarit currently does not have any
federally inspected (TIF) slaughtering or
processing plants. Accordingly, no pork
or pork products could be exported from
Nayarit until this and all other
requirements of § 94.25 have been met.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. For this
action, the Office of Management and
Budget has waived its review under
Executive Order 12866.
This proposed rule would amend the
regulations for importing animals and
animal products by adding the Mexican
State of Nayarit to the list of regions
considered free of CSF. We are
proposing this action at the request of
the Mexican Government and the State
of Nayarit and after conducting a risk
evaluation that indicates that Nayarit is
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free of this disease. We are also
proposing to add Nayarit to a list of
CSF-affected regions whose exports of
live swine, pork, and pork products to
the United States must meet certain
certification requirements to ensure
their freedom from CSF. These actions
would relieve certain CSF-related
restrictions on the importation into the
United States of pork, pork products,
live swine, and swine semen from
Nayarit while continuing to protect
against the introduction of this disease
into the United States.
This proposed rule is likely to have a
minimal effect on U.S. live swine
markets, both in the short term and in
the medium term. Hog inventory of the
State covered by this rulemaking
amounted to about four-tenths of 1
percent of U.S. hog and pig inventory in
2004.2 In 2004, there were 34
commercial swine farms in Nayarit with
a population of 30,634 hogs and pigs.
Another 18,650 hogs and pigs were
reared in backyards, intended for
consumption by the owners (table 1).
Nayarit has never exported swine to the
United States. This State—as is the case
with Mexico as a whole—is a net
importer of swine (table 2).
In 2004, the State of Nayarit produced
around 4,000 metric tons of pork, an
amount equal to 0.35 percent of
Mexico’s production of pork (table 3).
Slaughter/processing plants handling
swine in Nayarit are not TIF
establishments. Only TIF plants are
allowed to ship pork and pork products
abroad or to CSF-free States in Mexico.
TABLE 1.—LIVE HOGS IN NAYARIT, 2000–2004, AND MEXICO AS A WHOLE, 2004
Hogs in commercial farms
Nayarit
2000
2001
2002
2003
2004
Hogs in backyard
operations
All hogs
10,809
36,799
34,279
36,665
30,634
30,006
29,587
30,890
25,010
18,650
40,815
66,386
65,169
61,675
49,284
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
Mexico (2004) ..................................................................................................................
26,208,000 (pig crop + beginning stocks) in both
commercial and backyard operations.
Source: SAGARPA; APHIS Risk Analysis on Importation of Classical Swine Fever (CSF) Virus from Nayarit, Mexico; Regional Evaluation
Services, National Center for Import and Export, VS, APHIS, USDA; and Regionalization Evaluation Services (https://www.aphis.usda.gov/vs/ncie/
reg-request.html), April 2006.
This rulemaking is also unlikely to
have a significant effect on U.S. pork
and pork products markets because, as
with live swine, the United States is
unlikely to import large amounts of
these commodities from Nayarit. The
United States is a net exporter of pork,
while Mexico, as indicated below in
tables 2 and 3, is a net importer. In
2004, Mexico exported 36,000 metric
tons of pork, averaging only around 3.2
percent of total Mexican pork
production.
TABLE 2.—U.S. AND MEXICAN TRADE WITH THE WORLD OF LIVE SWINE AND PORK, 2004
Commodity
Exports
Imports
Live swine (head):
Mexican swine ........................................................................................................................
0
189,867
U.S. swine ..............................................................................................................................
174,010
8,505,518
Pork (metric tons):
Mexican pork ..........................................................................................................................
36,476
86,102
U.S. pork ................................................................................................................................
747,357
469,442
Net trade with
the world
189,867 (net
imports) *.
8,331,508
(net imports).
49,626 (net
imports).
277,916 (net
exports).
*Net Imports = Imports minus exports; Net Exports = Exports minus imports
Source: USDA, FAS, UN Trade Statistics, 6-digit data.
TABLE 3.—SWINE PRODUCTION (HEAD) AND PORK PRODUCTION (METRIC TONS) IN UNITED STATES AND MEXICO, 2004
United States
Mexico
Nayarit, MX
Pork
Swine
Pork
Swine
Pork
60,000,000
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Swine
9,302,759
15,350,000
1,150,000
49,000
4,080
Source: USDA, FAS, GAIN Report # MX6010, Mexico, Livestock and Products, Semiannual Report 2006.
2 APHIS Risk Analysis on Importation of Classical
Swine Fever (CSF) Virus from Nayarit, Mexico;
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Regional Evaluation Services, National Center for
Import and Export, VS, APHIS, USDA; and USDA,
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FAS, GAIN Report # MX6010, Mexico, Livestock
and Products, Semiannual Report 2006.
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Economic Impact on Small Entities
The Regulatory Flexibility Act
requires that agencies consider the
economic impact of their rules on small
entities. The domestic entities most
likely to be affected by our proposal to
declare the Mexican State of Nayarit free
of CSF are pork producers.
According to the 2002 Agricultural
Census, there were about 66,036 hog
and pig farms in the United States in
that year, of which 93 percent received
$750,000 or less in annual revenues.
Agricultural operations with $750,000
or less in annual receipts are considered
small entities, according to the Small
Business Administration (SBA) size
criteria.
We do not expect that U.S. hog
producers, U.S. exporters of live hogs,
or U.S. exporters of pork and pork
products, small or otherwise, would be
affected significantly by this proposed
rule. This is because, for the reasons
discussed above, the amount of live
swine, pork, and other pork products
imported into the United States from the
Mexican State of Nayarit is likely to be
small.
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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National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with our proposal to
list the Mexican State of Nayarit as free
of CSF, we have prepared an
environmental assessment. The
environmental assessment was prepared
in accordance with: (1) The National
Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et
seq.), (2) regulations of the Council on
Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
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Jkt 211001
The environmental assessment may
be viewed on the Regulations.gov Web
site or in our reading room. (Instructions
for accessing Regulations.gov and
information on the location and hours of
the reading room are provided under the
heading ADDRESSES at the beginning of
this proposed rule.) In addition, copies
may be obtained by calling or writing to
the individual listed under FOR FURTHER
INFORMATION CONTACT.
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, 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.
§ 94.9
[Amended]
[Amended]
3. In § 94.10, paragraph (a) would be
amended by adding the word ‘‘Nayarit,’’
after the word ‘‘Chihuahua,’’.
§ 94.25
[Amended]
4. In § 94.25, paragraph (a) would be
amended by adding the word ‘‘Nayarit,’’
after the word ‘‘Chihuahua,’’.
Done in Washington, DC this 25th day of
January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–1530 Filed 1–30–07; 8:45 am]
BILLING CODE 3410–34–P
PO 00000
Frm 00005
Fmt 4702
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 113
[Docket No. APHIS–2007–0001]
RIN 0579–AC28
Viruses, Serums, Toxins, and
Analogous Products; Detection of
Avian Lymphoid Leukosis Virus
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We are proposing to amend
the Virus-Serum-Toxin Act regulations
concerning testing for avian lymphoid
leukosis in veterinary biologics to
specify that the test is for the detection
of extraneous replicating avian leukosis
virus; require such testing to be
conducted using a procedure that will
detect extraneous replicating avian
leukosis virus and that is acceptable to
the Animal and Plant Health Inspection
Service; require firms to develop a
procedure to test for lymphoid leukosis
virus contamination in the case of
vaccine virus cytopathic to chick
embryo cell cultures; and specify the
equivalent inoculum dose of vaccine to
be used when testing certain specified
chicken vaccines for lymphoid leukosis
virus. These proposed changes would
update the testing for lymphoid leukosis
virus contamination by prescribing a
test procedure that increases the
probability of detecting atypical
lymphoid leukosis viruses such as those
recently found in a contaminated
vaccine.
We will consider all comments
that we receive on or before April 2,
2007.
DATES:
2. In § 94.9, paragraph (a) would be
amended by adding the word ‘‘Nayarit,’’
after the word ‘‘Chihuahua,’’.
§ 94.10
4467
Sfmt 4702
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–2007–
0001 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
ADDRESSES:
E:\FR\FM\31JAP1.SGM
31JAP1
Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Proposed Rules]
[Pages 4463-4467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1530]
========================================================================
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. 20 / Wednesday, January 31, 2007 /
Proposed Rules
[[Page 4463]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2006-0104]
Classical Swine Fever Status of the Mexican State of Nayarit
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the regulations for importing
animals and animal products by adding the Mexican State of Nayarit to
the list of regions considered free of classical swine fever (CSF). We
are proposing this action at the request of the Mexican Government and
the State of Nayarit, and after conducting a risk evaluation that
indicates that Nayarit is free of this disease. We are also proposing
to add Nayarit to the list of CSF-affected regions whose exports of
live swine, pork, and pork products to the United States must meet
certain certification requirements to ensure their freedom from CSF.
These actions would relieve certain CSF-related restrictions on the
importation into the United States of pork, pork products, live swine,
and swine semen from Nayarit while continuing to protect against the
introduction of this disease into the United States.
DATES: We will consider all comments that we receive on or before April
2, 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-2006-0104 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-
2006-0104, 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-2006-0104.
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. Chip Wells, Senior Staff
Veterinarian, Regionalization Evaluation Services-Import, National
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38,
Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation into the United States of specified
animals and animal products in order to prevent the introduction of
various animal diseases, including rinderpest, foot-and-mouth disease,
African swine fever, classical swine fever (CSF), and swine vesicular
disease. These are dangerous and destructive communicable diseases of
ruminants and swine. Section 94.9 of the regulations restricts the
importation into the United States of pork and pork products from
regions where CSF is known to exist. Section 94.10 of the regulations
prohibits, with certain exceptions, the importation of swine that
originate in or are shipped from or transit any region in which CSF is
known to exist. Sections 94.9 and 94.10 provide that CSF exists in all
regions of the world except for certain regions listed in those
sections.
The Government of Mexico and the Mexican State of Nayarit requested
that the Animal and Plant Health Inspection Service (APHIS) evaluate
the animal disease status of the State of Nayarit with respect to CSF
and provided information in support of that request in accordance with
9 CFR part 92, ``Importation of Animals and Animal Products: Procedures
for Requesting Recognition of Regions.'' Using information submitted to
us by the Federal Government of Mexico and State Government of Nayarit,
as well as information gathered during a site visit by APHIS staff to
Nayarit, we have reviewed and analyzed the animal health status of
Nayarit with respect to CSF. Our determinations concerning this
request, based on the information submitted to us and the information
we gathered, are set forth below.
Risk Analysis
APHIS conducted a risk analysis to examine the risk of introducing
CSF \1\ from the importation of swine and swine products from Nayarit,
Mexico. These findings are described in further detail in an April 2006
risk analysis that may be viewed on the Regulations.gov Web site or in
our reading room. (Instructions for accessing Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this proposed rule.) We
summarize our findings for each of the 11 factors in 9 CFR 92.2 below
and summarize our risk considerations of these findings following our
discussions of the factors.
---------------------------------------------------------------------------
\1\ APHIS considers all of Mexico to be affected by blue-eye
disease of pigs, a disease which is not known to exist in the United
States. APHIS has not evaluated Mexico, including the State of
Nayarit, for blue-eye disease. As a result, APHIS denies permits for
the importation of live swine and swine semen from all of Mexico,
including Nayarit (9 CFR 93.504(a)(3)). CSF is the disease hazard
evaluated in the risk analysis, which does not address blue-eye
disease.
---------------------------------------------------------------------------
Authority, Organization, and Veterinary Infrastructure
Nayarit has the legal authority to enforce Federal and State CSF
regulations and the necessary veterinary infrastructure to carry out
CSF surveillance and control activities. One
[[Page 4464]]
of the strengths observed by the joint APHIS/Canadian Food Inspection
Agency (CFIA) site-visit team was the apparent good communication and
cooperation existing among the Mexican Federal, State, and municipal
government officials, the Animal Agriculture Promotion and Protection
Committee (CFPP) representatives, and swine producers. APHIS could not
identify any risk issues associated with this factor that would pose an
unacceptable risk to the United States if trade with Nayarit in swine,
pork, and pork products were to occur.
Disease Status
The State of Nayarit has not reported a clinical case of CSF since
1989 and was declared free of CSF by the Government of Mexico in May
1999. This 15-year time period exceeds that recommended by the World
Organization for Animal Health for the disease-free period required for
CSF disease freedom recognition. Wild boar are not known to exist in
Nayarit, and therefore, are not considered by APHIS to be a risk for
introduction or spread of CSF virus in the State. APHIS also concluded
that the CSF surveillance program, which is discussed in more detail in
the risk analysis, would likely detect a change in the disease status
of Nayarit (i.e. introduction of CSF). APHIS could not identify any
risks associated with this factor that would pose any unacceptable risk
to the United States if trade with Nayarit in swine, pork, and pork
products were to occur.
Disease Status of Adjacent Regions
Nayarit shares borders with the States of Durango, Jalisco,
Sinaloa, and Zacatecas. Sinaloa and Durango were declared to be CSF-
free by the Mexican Government in 1993 and 1999, respectively.
Zacatecas and Jalisco were declared to be in the eradication phase by
the Mexican Government in 2004. On July 18, 2006 (after the risk
analysis for this proposal was drafted), the Government of Mexico
declared the States of Jalisco and Zacatecas to be CSF-free. Although
APHIS considers Sinaloa to be CSF-free, APHIS has not evaluated
Durango, Zacatecas, or Jalisco, and therefore currently considers them
to be CSF-affected.
The existence of common land borders with CSF-affected regions does
present a risk for reintroducing CSF into Nayarit. However, movement
controls and certification requirements regarding region of origin and
commingling concerns are designed to mitigate this risk. Because
Nayarit has common land borders with CSF-affected regions, we would add
the State to the list in Sec. 94.25 of regions considered free of CSF,
but to which additional CSF-related certification requirements apply.
The specific requirements are explained later in this document under
the heading ``Certification Requirements.''
Extent of Active Disease Control Program
CSF is considered exotic to Nayarit; therefore, it does not have an
active disease control program. However, the Mexican Government has an
ongoing active CSF disease control program which includes surveillance,
movement control, and emergency response provisions for the CSF-free
States such as Nayarit. The APHIS site visit team concluded that
Nayarit is in compliance with provisions of the program and has
maintained its CSF-free designation since 1999.
Vaccination
Vaccination for CSF ceased in Nayarit in March 1996, just before
its status changed from control to eradication phase. Since that date,
CSF vaccination has been prohibited in Nayarit.
Separation From Adjacent Regions of Higher Risk
The State of Nayarit is located along the Pacific coastline of
central Mexico. Nayarit borders the States of Sinaloa and Durango on
the north, Zacatecas to the east, and Jalisco on the east and south.
Natural barriers to disease transmission include the Pacific Ocean to
the west and the Sierra Madre Occidental Mountains to the east.
Surface transport into and out of Nayarit primarily move along a
north-south corridor from Sinaloa in the north and Jalisco in the
south. There are no major seaports on the Nayarit coast and commercial
air traffic is light, limited to regional passenger service and private
aircraft.
APHIS has determined that the natural barriers of the mountains and
ocean, and the few highways into Nayarit, limit the movement of swine
and products into the State, thus reducing the risk of CSF
introduction.
Movement Controls
The movement controls established by the Mexican National CSF
Campaign and implemented and enforced by the Nayarit officials limit
the illegal movement of swine or pork products from CSF affected zones.
The system of inspection posts in Nayarit was cited by the APHIS site
visit team as a strong point in the State's CSF control program. The
system of inspection posts ensures reasonable enforcement of these
provisions, significantly limiting the risk of CSF introduction into
Nayarit. These findings are described in further detail in the risk
analysis.
Livestock Demographics and Marketing Practices
Nayarit is not a major swine production area. In 2004, there were
34 commercial swine farms in Nayarit, with a population of 30,634
animals. Only 2 farms had over 4,000 hogs. Another 18,650 hogs are
reared in backyards, intended for personal consumption by their owners.
The slaughtering and processing of swine in Nayarit is currently
handled by State-inspected municipal plants, since there are no
federally inspected (in Spanish, Tipo Inspecci[oacute]n Federal, or
TIF) plants handling swine in Nayarit; slaughter and processing through
a TIF plant would be necessary for pork to be exported to the United
States as well as to CSF-free States in Mexico.
Currently, Nayarit consumes more pork than it produces and does not
have the infrastructure, such as TIF plants, necessary to meet the
export requirements of Sec. 94.25 for exportation of pork or pork
products to the United States. This dynamic limits the legal movement
of swine and pork from Nayarit to the United States. Should producers
in Nayarit develop a desire to export, they would need to identify an
appropriate TIF plant outside of the State or request that a plant
within the State be certified as a TIF plant in accordance with the
regulatory requirements of the U.S. Department of Agriculture's Food
Safety and Inspection Service (FSIS).
Disease Surveillance
An active CSF surveillance program is conducted in Nayarit in
accordance with the National CSF Campaign. Nayarit conducts an annual
serological sampling survey in commercial and backyard swine herds.
APHIS concludes that the surveillance program is sufficient to detect
the presence of CSF virus if it were to be introduced into Nayarit.
Diagnostic Laboratory Capabilities
The State of Nayarit does not have a diagnostic laboratory
accredited for CSF diagnosis. All samples deemed suspicious for CSF are
sent to the National Veterinary Services Diagnostic Laboratory
(CENASA), located in the State of Mexico. This laboratory has been
previously evaluated in other risk analyses and was not reevaluated
during the site visit to Nayarit. Based on these prior assessments,
APHIS has confidence that CENASA would be able
[[Page 4465]]
to detect CSF in samples submitted for serological testing.
Considering the relatively small swine population in Nayarit, this
arrangement is satisfactory for CSF diagnosis and surveillance needs.
However, if the swine population in the State increases significantly,
this factor may need to be reassessed.
Emergency Response Capacity
Mexico has an established national system for surveillance and
reporting of exotic animal diseases operated by their Ministry of
Agriculture, Livestock Production, Rural Development, Fishery, and Food
(SAGARPA) in collaboration with the Mexico-United States Commission for
the Prevention of Foot and Mouth Disease and Other Exotic Animal
Diseases. As a disease-free State, CSF virus is considered to be exotic
in Nayarit.
Whenever CSF is suspected, SAGARPA must immediately be notified and
a precautionary quarantine is implemented in the focal and perifocal
area to include the affected, exposed, and at-risk premises. If CSF is
confirmed by CENASA, then the quarantine becomes definitive. Movement
controls are implemented, sick animals are killed, dead animals are
sanitarily disposed of, and an epidemiological investigation ensues.
A close association and cooperation was observed between the
Mexican Federal, State, and municipal government officials, the CFPP
staff, and swine producers. This cooperation was especially effective
in the operation of Nayarit's existing animal health checkpoints.
Although no CSF suspect cases have been reported in Nayarit in recent
years, these officials demonstrated knowledge of processes required
under the National CSF Emergency Plan. These observations give APHIS
confidence that an effective veterinary infrastructure exists in
Nayarit capable of responding to a CSF outbreak. APHIS was unable to
identify specific limitations in this system that would pose a risk to
the United States.
These findings are described in further detail in a qualitative
evaluation that may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT and may be viewed on the Internet at http:/
/www.regulations.gov. (Instructions for accessing Regulations.gov are
provided under the heading ADDRESSES at the beginning of this proposed
rule.) The evaluation documents the factors that have led us to
conclude that Nayarit is free of CSF. Therefore, we are proposing to
recognize the Mexican State of Nayarit as free of CSF and to add it to
the lists in Sec. Sec. 94.9 and 94.10 of regions where CSF is not
known to exist.
Certification Requirements
As previously noted, we are proposing to amend Sec. 94.25 by
adding the State of Nayarit to the list of regions in Sec. 94.25,
which, among other things, applies restrictions on the importation of
live swine, pork, or pork products from certain regions that are listed
as free of CSF in Sec. Sec. 94.9(a) and 94.10(a).
A CSF-free region may be added to the list in Sec. 94.25(a) when
it supplements its pork supplies with fresh (chilled or frozen) pork
imported from regions considered to be affected by CSF, or supplements
its pork supplies with pork from CSF-affected regions that is not
processed in accordance with the requirements of 9 CFR part 94, or has
a common land border with a CSF-affected region, or imports live swine
from CSF-affected regions under conditions less restrictive than would
be acceptable for importation into the United States. As previously
noted, Nayarit shares land borders with Durango, Zacatecas, and
Jalisco, which are States we have not evaluated for CSF and thus are
considered by APHIS to be CSF-affected. Thus, even though we are
proposing to declare Nayarit free of CSF, there is a risk that live
swine, pork, or pork products originating in Nayarit may be commingled
with live swine, pork, or pork products from CSF-affected regions,
resulting in a risk of CSF introduction into the United States.
Adding Nayarit to the list of regions in Sec. 94.25(a) would mean
that live swine, pork, or pork products and shipstores, airplane meals,
and baggage containing pork or pork products, other than those articles
regulated under parts 95 or 96 of this chapter, may not be imported
into the United States unless the requirements described below were
met. For all swine, pork, and pork products, each shipment would have
to be accompanied by a certification issued by a full-time salaried
veterinary officer of the Government of Mexico that would have to be
presented to an authorized inspector at the port of arrival in the
United States. Pursuant to Sec. 94.25(b), the certification for live
swine would have to state that:
The swine have not lived in any region where CSF is
considered to exist;
The swine have not been in contact with swine that have
been in a region where CSF is considered to exist;
The swine have not transited through a region where CSF is
considered to exist unless moved directly through the region in a
sealed means of conveyance with the seal intact upon arrival at the
point of destination; and
The conveyances or materials used in transporting the
swine, if previously used for transporting swine, have been cleaned and
disinfected in accordance with the requirements of 9 CFR 93.502.
Pursuant to Sec. 94.25(c), the certification accompanying pork or
pork products would have to state that:
The pork or pork products are derived from swine that were
born and raised in a CSF-free region and were slaughtered in such a
region at a federally inspected slaughter plant that is under the
direct supervision of a full-time salaried veterinarian of the national
government of that region and that is eligible to have its products
imported into the United States under the Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) and the FSIS regulations in 9 CFR 327.2;
The pork or pork products were derived from swine that
have not lived in any region where CSF is considered to exist;
The pork or pork products have never been commingled with
pork or pork products from any region where CSF is considered to exist;
The pork or pork products have not transited through a
region where CSF is considered to exist unless moved directly through
the region in a sealed means of conveyance with the seal intact upon
arrival at the point of destination; and
If processed, the pork or pork products were processed in
a CSF-free region in a federally inspected processing plant that is
under the direct supervision of a full-time salaried veterinarian of
the Government of Mexico.
As mentioned above, the State of Nayarit currently does not have
any federally inspected (TIF) slaughtering or processing plants.
Accordingly, no pork or pork products could be exported from Nayarit
until this and all other requirements of Sec. 94.25 have been met.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
This proposed rule would amend the regulations for importing
animals and animal products by adding the Mexican State of Nayarit to
the list of regions considered free of CSF. We are proposing this
action at the request of the Mexican Government and the State of
Nayarit and after conducting a risk evaluation that indicates that
Nayarit is
[[Page 4466]]
free of this disease. We are also proposing to add Nayarit to a list of
CSF-affected regions whose exports of live swine, pork, and pork
products to the United States must meet certain certification
requirements to ensure their freedom from CSF. These actions would
relieve certain CSF-related restrictions on the importation into the
United States of pork, pork products, live swine, and swine semen from
Nayarit while continuing to protect against the introduction of this
disease into the United States.
This proposed rule is likely to have a minimal effect on U.S. live
swine markets, both in the short term and in the medium term. Hog
inventory of the State covered by this rulemaking amounted to about
four-tenths of 1 percent of U.S. hog and pig inventory in 2004.\2\ In
2004, there were 34 commercial swine farms in Nayarit with a population
of 30,634 hogs and pigs. Another 18,650 hogs and pigs were reared in
backyards, intended for consumption by the owners (table 1). Nayarit
has never exported swine to the United States. This State--as is the
case with Mexico as a whole--is a net importer of swine (table 2).
---------------------------------------------------------------------------
\2\ APHIS Risk Analysis on Importation of Classical Swine Fever
(CSF) Virus from Nayarit, Mexico; Regional Evaluation Services,
National Center for Import and Export, VS, APHIS, USDA; and USDA,
FAS, GAIN Report MX6010, Mexico, Livestock and Products,
Semiannual Report 2006.
---------------------------------------------------------------------------
In 2004, the State of Nayarit produced around 4,000 metric tons of
pork, an amount equal to 0.35 percent of Mexico's production of pork
(table 3). Slaughter/processing plants handling swine in Nayarit are
not TIF establishments. Only TIF plants are allowed to ship pork and
pork products abroad or to CSF-free States in Mexico.
Table 1.--Live Hogs in Nayarit, 2000-2004, and Mexico as a Whole, 2004
----------------------------------------------------------------------------------------------------------------
Hogs in Hogs in backyard
Nayarit commercial farms operations All hogs
----------------------------------------------------------------------------------------------------------------
2000................................................... 10,809 30,006 40,815
2001................................................... 36,799 29,587 66,386
2002................................................... 34,279 30,890 65,169
2003................................................... 36,665 25,010 61,675
2004................................................... 30,634 18,650 49,284
====================
----------------------------------------------------------------------------------------------------------------
Source: SAGARPA; APHIS Risk Analysis on Importation of Classical Swine Fever (CSF) Virus from Nayarit, Mexico;
Regional Evaluation Services, National Center for Import and Export, VS, APHIS, USDA; and Regionalization
Evaluation Services (https://www.aphis.usda.gov/vs/ncie/reg-request.html), April 2006.
This rulemaking is also unlikely to have a significant effect on
U.S. pork and pork products markets because, as with live swine, the
United States is unlikely to import large amounts of these commodities
from Nayarit. The United States is a net exporter of pork, while
Mexico, as indicated below in tables 2 and 3, is a net importer. In
2004, Mexico exported 36,000 metric tons of pork, averaging only around
3.2 percent of total Mexican pork production.
Table 2.--U.S. and Mexican Trade With the World of Live Swine and Pork, 2004
----------------------------------------------------------------------------------------------------------------
Commodity Exports Imports Net trade with the world
----------------------------------------------------------------------------------------------------------------
Live swine (head):
Mexican swine............................ 0 189,867 189,867 (net imports) *.
U.S. swine............................... 174,010 8,505,518 8,331,508 (net imports).
Pork (metric tons):
Mexican pork............................. 36,476 86,102 49,626 (net imports).
U.S. pork................................ 747,357 469,442 277,916 (net exports).
----------------------------------------------------------------------------------------------------------------
*Net Imports = Imports minus exports; Net Exports = Exports minus imports
Source: USDA, FAS, UN Trade Statistics, 6-digit data.
Table 3.--Swine Production (Head) and Pork Production (Metric Tons) in United States and Mexico, 2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
United States Mexico Nayarit, MX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Swine Pork Swine Pork Swine Pork
--------------------------------------------------------------------------------------------------------------------------------------------------------
60,000,000 9,302,759 15,350,000 1,150,000 49,000 4,080
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USDA, FAS, GAIN Report MX6010, Mexico, Livestock and Products, Semiannual Report 2006.
[[Page 4467]]
Economic Impact on Small Entities
The Regulatory Flexibility Act requires that agencies consider the
economic impact of their rules on small entities. The domestic entities
most likely to be affected by our proposal to declare the Mexican State
of Nayarit free of CSF are pork producers.
According to the 2002 Agricultural Census, there were about 66,036
hog and pig farms in the United States in that year, of which 93
percent received $750,000 or less in annual revenues. Agricultural
operations with $750,000 or less in annual receipts are considered
small entities, according to the Small Business Administration (SBA)
size criteria.
We do not expect that U.S. hog producers, U.S. exporters of live
hogs, or U.S. exporters of pork and pork products, small or otherwise,
would be affected significantly by this proposed rule. This is because,
for the reasons discussed above, the amount of live swine, pork, and
other pork products imported into the United States from the Mexican
State of Nayarit is likely to be small.
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.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with our
proposal to list the Mexican State of Nayarit as free of CSF, we have
prepared an environmental assessment. The environmental assessment was
prepared in accordance with: (1) The National Environmental Policy Act
of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of
the Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (Instructions for accessing
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.
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, 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.
Sec. 94.9 [Amended]
2. In Sec. 94.9, paragraph (a) would be amended by adding the word
``Nayarit,'' after the word ``Chihuahua,''.
Sec. 94.10 [Amended]
3. In Sec. 94.10, paragraph (a) would be amended by adding the
word ``Nayarit,'' after the word ``Chihuahua,''.
Sec. 94.25 [Amended]
4. In Sec. 94.25, paragraph (a) would be amended by adding the
word ``Nayarit,'' after the word ``Chihuahua,''.
Done in Washington, DC this 25th day of January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-1530 Filed 1-30-07; 8:45 am]
BILLING CODE 3410-34-P