[Federal Register: June 1, 2006 (Volume 71, Number 105)]
[Rules and Regulations]
[Page 31069-31070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn06-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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[[Page 31069]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93 and 94
[Docket No. 02-046-3]
RIN 0579-AB79
Importation of Swine and Swine Products from the European Union;
Correction
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; correction.
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SUMMARY: In a final rule published in the Federal Register on May 19,
2006, we amended the regulations governing the importation of animals
and animal products into the United States to apply a uniform set of
importation requirements related to classical swine fever (CSF) to a
region consisting of all of the 15 Member States of the European Union
(EU) that comprised the EU as of April 30, 2004 (the EU-15) and
prohibit for a specified period of time the importation of live swine
and swine products from any area in the EU-15 that is identified by the
veterinary authorities of the region as a restricted zone.
The final rule contained an error in the rule portion in the list
of CSF-free regions and an error regarding the designation of a section
being amended. This document corrects those errors.
DATES: Effective June 19, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Chip Wells, Senior Staff
Veterinarian, Regionalization and Evaluation Services, National Center
for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale,
MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
In a final rule published in the Federal Register on May 19, 2006
(71 FR 29061-29072, Docket No. 02-046-2), we amended the regulations
governing the importation of animals and animal products into the
United States to apply a uniform set of importation requirements
related to classical swine fever (CSF) to a region consisting of all of
the 15 Member States of the European Union (EU) that comprised the EU
as of April 30, 2004 (the EU-15) and prohibit for a specified period of
time the importation of live swine and swine products from any area in
the EU-15 that is identified by the veterinary authorities of the
region as a restricted zone.
In the rule portion of the final rule, we revised Sec. Sec.
94.9(a) and 94.10(a). Both of those paragraphs list the regions of the
world that APHIS considers free of CSF. In the lists set out in the
final rule, we inadvertently omitted several regions that APHIS had
recognized in previous rulemaking as being free of CSF. Those regions
are the Mexican States of Campeche, Quintana Roo, Sonora, and Yucatan.
We are correcting those lists.
Also, in the rule portion of the final rule, we designated as Sec.
94.25 what had been designated as Sec. 94.24 in the proposed rule, in
effect removing the existing text in Sec. 94.25. That was incorrect;
Sec. 94.24 as proposed should have remained designated as Sec. 94.24
in the final rule and Sec. 94.25 should have remained unchanged. We
are correcting those errors by redesignating as Sec. 94.24 the section
we designated as Sec. 94.25 in the final rule and by reinserting Sec.
94.25 as it appeared before publication of the final rule.
Additionally, we are correcting references in Sec. Sec. 93.505(a),
94.9(c), and 94.10(c) of the final rule to refer to Sec. 94.24, rather
than to Sec. 94.25.
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
0
Accordingly, 9 CFR parts 93 and 94 are amended as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 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. 93.505 [Amended]
0
2. In Sec. 93.505, paragraph (a) is amended by removing the reference
to ``Sec. 94.25(b)(6)'' and adding in its place a reference to ``Sec.
94.24(b)(6)''.
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
3. 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.
0
4. In Sec. 94.9, paragraphs (a) and (c) introductory text are revised
to read as follows:
Sec. 94.9 Pork and pork products from regions where classical swine
fever exists.
(a) Classical swine fever is known to exist in all regions of the
world except Australia; Canada; Chile; Fiji; Iceland; the Mexican
States of Baja California, Baja California Sur, Campeche, Chihuahua,
Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and
Trust Territory of the Pacific Islands.\1\
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\1\ See also other provisions of this part and parts 93, 95, and
96 of this chapter, and part 327 of this title, for other
prohibitions and restrictions upon the importation of swine and
swine products.
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* * * * *
(c) Except as provided in Sec. 94.24 for the EU-15, no fresh pork
or pork product may be imported into the United States from any region
where
[[Page 31070]]
classical swine fever is known to exist unless it complies with the
following requirements:
* * * * *
0
5. In Sec. 94.10, paragraphs (a) and (c) are revised to read as
follows:
Sec. 94.10 Swine from regions where classical swine fever exists.
(a) Classical swine fever is known to exist in all regions of the
world, except Australia; Canada; Chile; Fiji; Iceland; the Mexican
States of Baja California, Baja California Sur, Campeche, Chihuahua,
Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and
Trust Territory of the Pacific Islands.
* * * * *
(c) Except as provided in Sec. 94.24 for the EU-15, no swine that
are moved from or transit any region where classical swine fever is
known to exist may be imported into the United States, except for wild
swine imported into the United States in accordance with paragraph (d)
of this section.
* * * * *
Sec. 94.24 [Removed] and Sec. 94.25 [Redesignated]
0
6. Section 94.24 is removed, and Sec. 94.25 is redesignated as Sec.
94.24.
0
7. A new Sec. 94.25 is added to read as follows:
Sec. 94.25 Restrictions on the importation of live swine, pork, or
pork products from certain regions free of classical swine fever.
The regions listed in paragraph (a) of this section are recognized
as free of classical swine fever (CSF) in Sec. Sec. 94.9(a) and
94.10(a) but either supplement their pork supplies with fresh (chilled
or frozen) pork imported from regions considered to be affected by CSF,
or supplement their pork supplies with pork from CSF-affected regions
that is not processed in accordance with the requirements of this part,
or share a common land border with CSF-affected regions, or import live
swine from CSF-affected regions under conditions less restrictive than
would be acceptable for importation into the United States. Thus, there
exists a possibility that live swine, pork, or pork products from the
CSF-free regions listed in paragraph (a) of this section 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. Therefore, 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 from a region listed in
paragraph (a) of this section unless the requirements in this section,
in addition to other applicable requirements of part 93 of this chapter
and part 327 of this title, are met.
(a) Regions subject to the requirements of this section: Chile and
the Mexican States of Baja California, Baja California Sur, Campeche,
Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan.
(b) Live swine. The swine must be accompanied by a certification
issued by a full-time salaried veterinary officer of the national
government of the region of export. Upon arrival of the swine in the
United States, the certification must be presented to an authorized
inspector at the port of arrival. The certification must identify both
the exporting region and the region of origin as a region designated in
Sec. Sec. 94.9 and 94.10 as free of CSF at the time the swine were in
the region and must state that:
(1) The swine have not lived in a region designated in Sec. Sec.
94.9 and 94.10 as affected with CSF;
(2) The swine have never been commingled with swine that have been
in a region that is designated in Sec. Sec. 94.9 and 94.10 as affected
with CSF;
(3) The swine have not transited a region designated in Sec. Sec.
94.9 and 94.10 as affected with CSF unless moved directly through the
region to their destination in a sealed means of conveyance with the
seal intact upon arrival at the point of destination; and
(4) 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 Sec. 93.502 of this
chapter.
(c) Pork or pork products. The pork or pork products must be
accompanied by a certification issued by a full-time salaried
veterinary officer of the national government of the region of export.
Upon arrival of the pork or pork products in the United States, the
certification must be presented to an authorized inspector at the port
of arrival. The certification must identify both the exporting region
and the region of origin of the pork or pork products as a region
designated in Sec. Sec. 94.9 and 94.10 as free of CSF at the time the
pork or pork products were in the region and must state that:
(1) The pork or pork products were derived from swine that were
born and raised in a region designated in Sec. Sec. 94.9 and 94.10 as
free of CSF 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 regulations in Sec. 327.2 of this title;
(2) The pork or pork products were derived from swine that have not
lived in a region designated in Sec. Sec. 94.9 and 94.10 as affected
with CSF;
(3) The pork or pork products have never been commingled with pork
or pork products that have been in a region that is designated in
Sec. Sec. 94.9 and 94.10 as affected with CSF;
(4) The pork or pork products have not transited through a region
designated in Sec. Sec. 94.9 and 94.10 as affected with CSF unless
moved directly through the region to their destination in a sealed
means of conveyance with the seal intact upon arrival at the point of
destination; and
(5) If processed, the pork or pork products were processed in a
region designated in Sec. Sec. 94.9 and 94.10 as free of CSF in a
federally inspected processing plant that is under the direct
supervision of a full-time salaried veterinary official of the national
government of that region.
(Approved by the Office of Management and Budget under control
numbers 0579-0230 and 0579-0235)
Done in Washington, DC, this 25th day of May, 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-8465 Filed 5-31-06; 8:45 am]
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