Classical Swine Fever Status of the Mexican State of Nayarit, 30468-30470 [E7-10641]
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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Rules and Regulations
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§ 319.40–2(a) and must be accompanied
by a certificate with an additional
declaration stating that the articles in
the shipment were produced/harvested
in a county or municipal regional
county where the emerald ash borer
does not occur, based on official
surveys.
(3) Firewood of all hardwood (nonconiferous) species, and ash logs and
wood, including cants and stumps, that
originate in a Province or Territory that
is not regulated for the emerald ash
borer must be accompanied by an
importer document that certifies that the
article originated in a county or
municipal regional county free of the
emerald ash borer.
(4) The importation of ash wood chips
or bark chips larger than 1 inch
diameter in any two dimensions that
originate in a county or municipal
regional county regulated for the
emerald ash borer within a Province or
Territory regulated for the emerald ash
borer is prohibited.
(5) Ash wood chips or bark 1 inch or
less in diameter that originate in an area
regulated for the emerald ash borer
within a Province or Territory regulated
for the emerald ash borer must be
accompanied by a permit issued under
§ 319.40–2(a) and a phytosanitary
certificate with an additional
declaration stating that the wood or bark
chips in the shipment were ground to 1
inch (2.54 cm) or less in diameter in any
two dimensions.
(6) Ash wood chips or bark chips that
originate in a county or municipal
regional county not regulated for the
emerald ash borer within a Province or
Territory regulated for the emerald ash
borer must be accompanied by a permit
issued under § 319.40–2(a), and a valid
certificate with an additional
declaration stating that the articles in
the shipment were produced/harvested
in a county or municipal regional
county where the emerald ash borer
does not occur, based on official
surveys.
(7) Ash wood chips or bark chips that
originate in a Province or Territory that
is not regulated for the emerald ash
borer must be accompanied by an
importer document that certifies that the
article originates in a Province or
Territory free of the emerald ash borer.
(Approved by the Office of Management and
Budget under control numbers 0579–0049,
0579–0257, and 0579–0319).
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Done in Washington, DC, this 25th day of
May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–10562 Filed 5–31–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS–2006–0104]
Classical Swine Fever Status of the
Mexican State of Nayarit
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending 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 also adding Nayarit to the
list of CSF-free 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
relieve 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: Effective Date: June 18, 2007.
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
On January 31, 2007, we published in
the Federal Register (72 FR 4463–4467,
Docket No. APHIS–2006–0104) a
proposal 1 to amend the regulations for
importing animals and animal products
in 9 CFR part 94 by adding the Mexican
State of Nayarit to the list of regions
considered free of classical swine fever
(CSF) in § 94.25, and adding Nayarit to
the list of CSF-free regions in §§ 94.9
1 To view the proposed rule, go to https://
www.regulations.gov, click on the ‘‘Advanced
Search’’ tab, and select ‘‘Docket Search.’’ In the
Docket ID field, enter APHIS–2006–0104, then click
‘‘Submit.’’ Clicking on the Docket ID link in the
search results page will produce a list of all
documents in the docket.
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and 94.10 whose exports of live swine,
pork, and pork products to the United
States must meet certain certification
requirements to ensure their freedom
from CSF.
On February 22, 2007, we published
a document in the Federal Register (72
FR 7934, Docket No. APHIS–2006–0104)
correcting two instances in the preamble
of our proposed rule where we
erroneously mentioned adding Nayarit
to a list of CSF-affected regions, which
we should have referred to as a list of
CSF-free regions.
We solicited comments concerning
our proposal for 60 days ending April 2,
2007. We did not receive any comments.
Therefore, for the reasons given in the
proposed rule, we are adopting the
proposed rule as a final rule, without
change.
Effective Date
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
This rule adds Nayarit to the lists of
regions considered free of CSF and
allows pork, pork products, live swine,2
and swine semen to be imported into
the United States from Nayarit, subject
to certain conditions. We have
determined that approximately 2 weeks
are needed to ensure that Animal and
Plant Health Inspection Service (APHIS)
and Department of Homeland Security,
Bureau of Customs and Border
Protection, personnel at ports of entry
receive official notice of this change in
the regulations. Therefore, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this rule should be
effective 15 days after publication in the
Federal Register.
Executive Order 12866 and Regulatory
Flexibility Act
This 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 rule amends 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 taking this action at the
2 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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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Rules and Regulations
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 adding Nayarit to a list of CSF-free
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 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 rule is likely to have a minimal
effect on U.S. live swine markets, both
in the short term and in the medium
term. The hog inventory of Nayarit
amounted to about four-tenths of 1
percent of U.S. hog and pig inventory in
2004.3 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).
30469
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 federally
inspected (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
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
Mexico (2004) ..........................................................................................................................................
10,809
36,799
34,279
36,665
30,634
Hogs in
backyard
operations
All hogs
30,006
29,587
30,890
25,010
18,650
40,815
66,386
65,169
61,675
49,284
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
Live Swine (head):
Mexican swine .........................................................................................
U.S. swine ................................................................................................
Pork (metric tons):
Mexican pork ............................................................................................
U.S. pork ..................................................................................................
Imports
0
174,010
189,867
8,505,518
36,476
747,357
86,102
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
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.
jlentini on PROD1PC65 with RULES
Economic Impact on Small Entities
economic impact of their rules on small
entities. The domestic entities most
likely to be affected by declaring the
The Regulatory Flexibility Act
requires that agencies consider the
3 APHIS Risk Analysis on Importation of Classical
Swine Fever (CSF) Virus from Nayarit, Mexico;
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Mexican State of Nayarit free of CSF are
pork producers.
According to the 2002 Agricultural
Census, there were about 66,036 hog
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.
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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Rules and Regulations
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 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, will be
affected significantly by this 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 will not
have a significant economic impact on
a substantial number of small entities.
The environmental assessment and
finding of no significant impact may be
viewed on the Regulations.gov Web
site.4 Copies of the environmental
assessment and finding of no significant
impact are also available for public
inspection at USDA, room 1141, South
Building, 14th Street and Independence
Avenue, SW., Washington, DC, between
8 a.m. and 4:30 p.m., Monday through
Friday, except holidays. Persons
wishing to inspect copies are requested
to call ahead on (202) 690–2817 to
facilitate entry into the reading room. In
addition, copies may be obtained by
writing to the individual listed under
FOR FURTHER INFORMATION CONTACT.
Done in Washington, DC, this 25th day of
May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–10641 Filed 5–31–07; 8:45 am]
Paperwork Reduction Act
This final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
AGENCY:
Executive Order 12988
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.
I Accordingly, we are amending 9 CFR
part 94 as follows:
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts
all State and local laws and regulations
that are inconsistent with this rule; (2)
has no retroactive effect; and (3) does
not require administrative proceedings
before parties may file suit in court
challenging this rule.
jlentini on PROD1PC65 with RULES
National Environmental Policy Act
An environmental assessment and
finding of no significant impact have
been prepared for this final rule. The
environmental assessment provides a
basis for the conclusion that adding the
Mexican State of Nayarit to the list of
regions considered free of CSF, and to
the list of CSF-free 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, will not
have a significant impact on the quality
of the human environment. Based on
the finding of no significant impact, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that an environmental
impact statement need not be prepared.
The environmental assessment and
finding of no significant impact were
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).
VerDate Aug<31>2005
15:51 May 31, 2007
Jkt 211001
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
continues to read as follows:
I
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]
2. In § 94.9, paragraph (a) is amended
by adding the word ‘‘Nayarit,’’ after the
word ‘‘Chihuahua,’’.
I
§ 94.10
[Amended]
3. In § 94.10, paragraph (a) is amended
by adding the word ‘‘Nayarit,’’ after the
word ‘‘Chihuahua,’’.
I
§ 94.25
[Amended]
4. In § 94.25, paragraph (a) is amended
by adding the word ‘‘Nayarit,’’ after the
word ‘‘Chihuahua,’’.
I
4 Go to https://www.regulations.gov, click on the
‘‘Advanced Search’’ tab and select ‘‘Docket Search.’’
In the Docket ID field, enter APHIS–2006–0104,
click ‘‘Submit,’’ then click on the Docket ID link in
the search results page. The environmental
assessment and finding of no significant impact will
appear in the resulting list of documents.
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BILLING CODE 3410–34–P
FEDERAL RESERVE SYSTEM
12 CFR Part 215
[Regulation O; Docket No. R–1271]
Loans to Executive Officers, Directors,
and Principal Shareholders of Member
Banks
Board of Governors of the
Federal Reserve System (‘‘Board’’).
ACTION: Final rule.
SUMMARY: The Board is adopting
amendments to the Board’s Regulation
O to eliminate certain reporting
requirements. These amendments
implement section 601 of the Financial
Services Regulatory Relief Act of 2006.
DATES: Effective July 2, 2007 the interim
rule published December 11, 2006 ( 71
FR 71472, Dec. 11, 2006), is adopted as
final without change.
FOR FURTHER INFORMATION CONTACT:
Mark E. Van Der Weide, Senior Counsel
(202–452–2263), or Amanda K. Allexon,
Attorney (202–452–3818), Legal
Division. Users of Telecommunication
Device for the Deaf (TTD) only, contact
(202) 263–4869.
SUPPLEMENTARY INFORMATION:
Background
Section 22(h) of the Federal Reserve
Act (‘‘FRA’’) restricts the ability of
member banks to extend credit to their
executive officers, directors, principal
shareholders, and to related interests of
such persons.1 Section 22(g) of the FRA
imposes some additional limitations on
extensions of credit made by member
banks to their executive officers.2
Section 106(b)(2) of the Bank Holding
Company Act Amendments of 1970
(‘‘BHC Act Amendments’’) adds further
restrictions on extensions of credit to an
executive officer, director, or principal
shareholder of a bank from a
correspondent bank.3 The Board’s
Regulation O implements sections 22(g)
and 22(h) of the FRA, as well as section
106(b)(2) of the BHC Act Amendments.4
Sections 22(g) and 22(h) and Regulation
O apply, by their terms, to all banks that
are members of the Federal Reserve
1 12
U.S.C. 375b.
U.S.C. 375a.
3 12 U.S.C. 1972(2).
4 12 CFR part 215.
2 12
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]]>Agencies
[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Rules and Regulations]
[Pages 30468-30470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10641]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending 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 also
adding Nayarit to the list of CSF-free 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 relieve 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: Effective Date: June 18, 2007.
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
On January 31, 2007, we published in the Federal Register (72 FR
4463-4467, Docket No. APHIS-2006-0104) a proposal \1\ to amend the
regulations for importing animals and animal products in 9 CFR part 94
by adding the Mexican State of Nayarit to the list of regions
considered free of classical swine fever (CSF) in Sec. 94.25, and
adding Nayarit to the list of CSF-free regions in Sec. Sec. 94.9 and
94.10 whose exports of live swine, pork, and pork products to the
United States must meet certain certification requirements to ensure
their freedom from CSF.
---------------------------------------------------------------------------
\1\ To view the proposed rule, go to https://
www.regulations.gov, click on the ``Advanced Search'' tab, and
select ``Docket Search.'' In the Docket ID field, enter APHIS-2006-
0104, then click ``Submit.'' Clicking on the Docket ID link in the
search results page will produce a list of all documents in the
docket.
---------------------------------------------------------------------------
On February 22, 2007, we published a document in the Federal
Register (72 FR 7934, Docket No. APHIS-2006-0104) correcting two
instances in the preamble of our proposed rule where we erroneously
mentioned adding Nayarit to a list of CSF-affected regions, which we
should have referred to as a list of CSF-free regions.
We solicited comments concerning our proposal for 60 days ending
April 2, 2007. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. This rule adds Nayarit
to the lists of regions considered free of CSF and allows pork, pork
products, live swine,\2\ and swine semen to be imported into the United
States from Nayarit, subject to certain conditions. We have determined
that approximately 2 weeks are needed to ensure that Animal and Plant
Health Inspection Service (APHIS) and Department of Homeland Security,
Bureau of Customs and Border Protection, personnel at ports of entry
receive official notice of this change in the regulations. Therefore,
the Administrator of the Animal and Plant Health Inspection Service has
determined that this rule should be effective 15 days after publication
in the Federal Register.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
Executive Order 12866 and Regulatory Flexibility Act
This 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 rule amends 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 taking this action at the
[[Page 30469]]
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 adding Nayarit to a list of CSF-free 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 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 rule is likely to have a minimal effect on U.S. live swine
markets, both in the short term and in the medium term. The hog
inventory of Nayarit amounted to about four-tenths of 1 percent of U.S.
hog and pig inventory in 2004.\3\ 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).
---------------------------------------------------------------------------
\3\ 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 federally inspected (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
Nayarit commercial backyard All hogs
farms operations
------------------------------------------------------------------------
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
--------------------------------------
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
------------------------------------------------------------------------
Net trade with
Commodity Exports Imports 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.
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 declaring the Mexican State of Nayarit
free of CSF are pork producers.
According to the 2002 Agricultural Census, there were about 66,036
hog
[[Page 30470]]
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 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,
will be affected significantly by this 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 will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this final rule. The environmental assessment
provides a basis for the conclusion that adding the Mexican State of
Nayarit to the list of regions considered free of CSF, and to the list
of CSF-free 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, will not have a
significant impact on the quality of the human environment. Based on
the finding of no significant impact, the Administrator of the Animal
and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were 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 and finding of no significant impact
may be viewed on the Regulations.gov Web site.\4\ Copies of the
environmental assessment and finding of no significant impact are also
available for public inspection at USDA, room 1141, South Building,
14th Street and Independence Avenue, SW., Washington, DC, between 8
a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons
wishing to inspect copies are requested to call ahead on (202) 690-2817
to facilitate entry into the reading room. In addition, copies may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\4\ Go to https://www.regulations.gov, click on the ``Advanced
Search'' tab and select ``Docket Search.'' In the Docket ID field,
enter APHIS-2006-0104, click ``Submit,'' then click on the Docket ID
link in the search results page. The environmental assessment and
finding of no significant impact will appear in the resulting list
of documents.
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Paperwork Reduction Act
This final 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.
0
Accordingly, we are amending 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
0
1. The authority citation for part 94 continues 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]
0
2. In Sec. 94.9, paragraph (a) is amended by adding the word
``Nayarit,'' after the word ``Chihuahua,''.
Sec. 94.10 [Amended]
0
3. In Sec. 94.10, paragraph (a) is amended by adding the word
``Nayarit,'' after the word ``Chihuahua,''.
Sec. 94.25 [Amended]
0
4. In Sec. 94.25, paragraph (a) is amended by adding the word
``Nayarit,'' after the word ``Chihuahua,''.
Done in Washington, DC, this 25th day of May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-10641 Filed 5-31-07; 8:45 am]
BILLING CODE 3410-34-P
