Exportation and importation of animals and animal products: transit movement of fresh pork and pork products from Mexico into U.S.,

[Federal Register: September 15, 1999 (Volume 64, Number 178)]

[Proposed Rules]

[Page 50014-50015]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15se99-27]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-095-2]

Pork and Pork Products From Mexico Transiting the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

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

SUMMARY: In a proposed rule published in the Federal Register on July 19, 1999, we proposed to amend the regulations to allow fresh (chilled or frozen) pork and pork products from the Mexican States of Baja California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche, and Quintana Roo to transit the United States, under certain conditions, for export to another country. Although we proposed to allow in-transit movements of pork from the above States under the same conditions currently required under 9 CFR part 94 for pork from the Mexican States of Sonora, Chihuahua, Yucatan, and Baja California, it was also our intent to propose that such movements be allowed via land border ports only. This document amends our proposal accordingly.

DATES: We invite you to comment on Docket No. 98-095-1 as amended by this docket. We will consider all comments that we receive by November 15, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98- 095-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238

[[Page 50015]]

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

You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related information, including the names of organizations and individuals who have commented on APHIS rules, are available on the Internet at http:// www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff Veterinarian, Animals Program, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737; (301) 734- 4356.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94 (referred to below as the regulations) allow fresh (chilled or frozen) pork and pork products from the Mexican States of Sonora, Chihuahua, Yucatan, and Baja California to transit the United States, under certain conditions, for export to another country. The transit provisions are contained in Sec. 94.15(b) of the regulations. In a proposed rule published in the Federal Register on July 19, 1999 (64 FR 38599-38603, Docket No. 98- 095-1), we proposed to amend the regulations to allow fresh (chilled or frozen) pork and pork products from additional Mexican States (Baja California Sur, Coahuila, Nuevo Leon, Tamaulipas, Sinaloa, Campeche, and Quintana Roo) to transit the United States under the conditions set forth in Sec. 94.15(b) of the regulations.

Although we did not specify that the transit provisions in Sec. 94.15(b) are intended to apply only to pork and pork products that transit the United States via land border ports, it was our intent to do so. Therefore, this document amends our original proposed rule to clarify that the transit provisions in Sec. 94.15(b) would apply only to pork and pork products that transit the United States via land border ports.

The regulations in Sec. 94.15(d) currently allow for the transit of animal products, including fresh (chilled or frozen) pork and products from Mexico, via maritime and air ports, under certain conditions. The conditions in 94.15(d)(3) specify that animal products transiting the United States via maritime or air ports may not be moved overland outside the airport terminal or dock area of the maritime port. We do not allow such overland movements from maritime and land ports because we do not have the resources available to ensure that such movements are properly documented and that proper safeguards are applied. The provisions in Sec. 94.15(b) are intended to provide safe procedures for overland transit of the United States.

Comments sent to us on our July 19, 1999, proposed rule (Docket No. 98-095-1) were required to be received on or before September 17, 1999. To allow the public enough time to comment on this amendment as it relates to the proposed rule, we are extending the period during which we will accept comments on Docket No. 98-095-1 until November 15, 1999.

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements.

Accordingly, we propose to amend 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

1. The authority citation for part 94 would continue to read as follows:

   Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.2(d).

2. In Sec. 94.15, paragraph (b) introductory text would be revised to read as follows:

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

   * * * * *

   (b) Pork and pork products from Baja California, Baja California Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, Tamaulipas, and Yucatan, Mexico, that are not eligible for entry into the United States in accordance with this part may transit the United States via land border ports for immediate export if the following conditions are met: * * * * *

   Done in Washington, DC, this 9th day of September 1999. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service.

   [FR Doc. 99-24050Filed9-14-99; 8:45 am]

   BILLING CODE 3410-34-U