1388 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations 

recover from, and mitigate all hazards. This 

system also supports certain other DHS/ 

FEMA programs whose functions include, 

but are not limited to, the enforcement of 

civil and criminal laws; investigations, 

inquiries, and proceedings there under; and 

national security and intelligence activities. 

The DHS/FEMA–012 Suspicious Activity 

Reporting System of Records contains 

information that is collected by, on behalf of, 

in support of, or in cooperation with DHS/ 

FEMA and its components and may contain 

personally identifiable information collected 

by other federal, state, local, tribal, foreign, 

or international government agencies. The 

Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act pursuant to 5 

U.S.C. 552a(k)(2); (c)(3); (d); (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I); and (f). Exemptions from 

these particular subsections are justified, on 

a case-by-case basis determined at the time 

a request is made, for the following reasons: 

(a) From subsection (c)(3) (Accounting for 

Disclosures) because release of the 

accounting of disclosures could alert the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS/FEMA as well as the recipient 

agency. Disclosure of the accounting would 

therefore present a serious impediment to 

law enforcement efforts and/or efforts to 

preserve national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS/FEMA or another agency. Access to 

the records could permit the individual who 

is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules), because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS/FEMA is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

Dated: December 20, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–255 Filed 1–9–12; 8:45 am] 

BILLING CODE 9110–17–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 92, 93, 94, 96, and 98 

[Docket No. APHIS–2009–0035] 

RIN 0579–AD05 

Lists of Regions Classified With 

Respect to Certain Animal Diseases 

and States Approved To Receive 

Certain Imported Horses 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are removing lists of 

regions classified with respect to certain 

animal diseases and pests, and lists of 

States approved to receive horses 

imported from foreign regions where 

contagious equine metritis (CEM) exists, 

from our animal and animal product 

import regulations. Instead, the lists will 

be posted on the Animal and Plant 

Health Inspection Service’s (APHIS’) 

Web site. The regulations will provide 

the Web address and explain APHIS’ 

criteria and processes for adding a 

region or a State to, or removing a region 

or State from, each of the lists. Because 

the lists will no longer be in the Code 

of Federal Regulations, changing the 

lists will no longer require rulemaking. 

We will keep the public informed of 

changes to the lists and provide 

opportunity for public comment 

through publications in the Federal 

Register. This rule will enable APHIS to 

more quickly recognize changes in the 

disease or pest status of foreign regions 

and approve States to receive horses 

from foreign regions where CEM exists. 

This rulemaking does not change the 

technical criteria APHIS uses to 

evaluate whether a foreign region 

should be added to or removed from a 

list or the criteria for approving a State 

to receive horses imported from foreign 

regions where CEM exists. 

DATES: Effective Date: February 9, 2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Laurel Voelker, Regional Evaluation 

Services—Import, National Center for 

Import and Export, VS, APHIS, 920 

Main Campus Drive, Suite 150, Raleigh, 

NC 27606; (919) 855–7736. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 9 CFR part 94 

govern the importation into the United 

States of certain animals and animal 

products in order to prevent the 

introduction of specified livestock 

diseases into the United States. The 

Animal and Plant Health Inspection 

Service (APHIS) has, in the past, listed 

in part 94 regions affected with or free 

of various diseases of livestock. APHIS 

has also listed in part 94 countries in 

Europe that are part of the APHISdefined region of Europe that we 

recognize as low risk for classical swine 

fever (CSF). The regulations in 9 CFR 

part 93 govern the importation of 

animals into the United States. Part 93 

has listed regions affected with certain 

diseases of livestock and regions where 

screwworm is considered to exist. Part 

93 has also listed States that are 

approved by APHIS to receive stallions 

or mares over 731 days of age that are 

imported under specified conditions 

from regions affected with contagious 

equine metritis (CEM). The regulations 

in 9 CFR part 98 govern the importation 

into the United States of animal 

embryos and semen. Part 98 has listed 

the countries in Europe that are part of 

the APHIS-defined region of Europe that 

we recognize as low risk for CSF. Each 

time we have added or removed a 

country or other region to or from a list 

in any of these regulations, we have had 

to engage in rulemaking in order to 

change the Code of Federal Regulations. 

On June 1, 2011, we published a 

proposed rule in the Federal Register 

(Docket No. APHIS–2009–0035, 76 FR 

31499–31507) to remove the lists of 

States approved to receive stallions or 

mares from regions affected with CEM, 

the lists of countries in the APHISdefined European CSF region, and most 

of the other lists of regions from parts 

93, 94, and 98 and instead post them to 

APHIS’ Web site. We proposed to 

include in the regulations the Web 

address for the lists; a contact for 

requesting copies of the lists by mail, 

fax, or email; and APHIS’ process for 


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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations 1389 

adding or removing a State or foreign 

region to or from the lists. We did not 

propose to change the technical criteria 

APHIS uses to evaluate whether a 

foreign region should be added to or 

removed from a list, or the conditions 

States must meet in order to be 

approved to receive stallions or mares 

from regions affected with CEM. 

Because the lists would no longer be 

in the Code of Federal Regulations, 

changes to the lists would no longer 

have to be made through rulemaking. 

We proposed to keep the public 

informed and provide opportunity for 

public comment on changes to the lists 

through notices published in the 

Federal Register. The proposed action 

was intended to allow more timely 

changes to the lists, while continuing to 

provide opportunity for public 

comment. 

We solicited comments concerning 

our proposal for 60 days ending August 

1, 2011. 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. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. In the past, 

rulemaking has been required to amend 

the Code of Federal Regulations to 

change the disease or pest status of a 

region. The basis for such a change is 

either an outbreak of a disease or pest 

in a foreign region that results in a 

downgrade in status or an evaluation by 

APHIS that provides a basis for an 

upgrade in status. This final rule will 

remove the need for rulemaking to 

change the disease or pest status of a 

foreign region, while still providing 

opportunity for public comment on the 

basis for the action. We are not changing 

our criteria for recognizing a region as 

free of or affected with a disease or pest, 

or for adding or removing any country 

or other region to or from the lists. 

Similarly, rulemaking has been required 

whenever APHIS has approved a State 

to receive stallions or mares over 731 

days of age from regions where CEM 

exists. This final rule will remove the 

need for rulemaking while still 

providing opportunity for public 

comment on the basis for the action. We 

are not changing our criteria for 

approving a State to receive stallions or 

mares from CEM-affected regions. This 

final rule will enable APHIS to more 

quickly approve States to receive horses 

from CEM-affected regions and 

recognize changes in the disease or pest 

status of foreign regions. 

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) Has no 

retroactive effect and (2) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects 

9 CFR Part 92 

Animal diseases, Imports, Livestock, 

Poultry and poultry products, Region, 

Reporting and recordkeeping 

requirements. 

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. 

9 CFR Part 96 

Imports, Livestock, Reporting and 

recordkeeping requirements. 

9 CFR Part 98 

Animal diseases, Imports. 

Accordingly, we are amending 9 CFR 

parts 92, 93, 94, 96, and 98 as follows: 

PART 92—IMPORTATION OF ANIMALS 

AND ANIMAL PRODUCTS: 

PROCEDURES FOR REQUESTING 

RECOGNITION OF REGIONS 

■ 1. The authority citation for part 92 

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. 

■ 2. Section 92.2 is amended as follows: 

■ a. In paragraph (d), by removing the 

word ‘‘rulemaking’’; and 

■ b. By revising paragraphs (e) and (f) to 

read as follows: 

§ 92.2 Application for recognition of the 

animal health status of a region. 

* * * * * 

(e) If, after review and evaluation of 

the information submitted, APHIS 

believes the request can be safely 

granted, APHIS will indicate its intent 

and make its evaluation available for 

public comment through a document 

published in the Federal Register. 

(f) APHIS will provide a period of 

time during which the public may 

comment on its evaluation. During the 

comment period, the public will have 

access to the information upon which 

APHIS based its evaluation, as well as 

the evaluation itself. Once APHIS has 

reviewed all comments received, it will 

make a final determination regarding 

the request and will publish that 

determination in the Federal Register. 

* * * * * 

■ 3. Section 92.4 is revised to read as 

follows: 

§ 92.4 Reestablishment of a region’s 

disease-free status. 

This section applies to regions that 

are designated under this subchapter as 

free of a specific animal disease and 

then experience an outbreak of that 

disease. 

(a) Interim designation. If a region 

recognized as free of a specified animal 

disease in this subchapter experiences 

an outbreak of that disease, APHIS will 

take immediate action to prohibit or 

restrict imports of animals and animal 

products from that region. The 

prohibitions or restrictions may be 

imposed on only a portion of the region 

previously recognized as free of a 

disease. In these cases, APHIS will 

inform the public as soon as possible 

through notice in the Federal Register 

of the basis for its decision to prohibit 

or restrict imports from the smaller area 

of that region previously recognized as 

free. 

(b) Reassessment of the disease 

situation. (1) Following removal of 

disease-free status from all or part of a 

region, APHIS may reassess the disease 

situation in that region to determine 

whether it is necessary to continue the 

interim prohibitions or restrictions. In 

reassessing a region’s disease status, 

APHIS will take into consideration the 

standards of the World Organization for 

Animal Health (OIE) for reinstatement 

of disease-free status, as well as all 

relevant information obtained through 

public comments or collected by or 


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1390 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations 

submitted to APHIS through other 

means. 

(2) Prior to taking any action to relieve 

prohibitions or restrictions, APHIS will 

make information regarding its 

reassessment of the region’s disease 

status available to the public for 

comment. APHIS will announce the 

availability of this information in the 

Federal Register. 

(c) Determination. Based on the 

reassessment conducted in accordance 

with paragraph (b) of this section, 

including comments regarding the 

reassessment information, APHIS will 

take one of the following actions: 

(1) Publish a notice of its decision to 

reinstate the disease-free status of the 

region, or a portion of the region; 

(2) Publish a notice of its decision to 

continue the prohibitions or restrictions 

on the imports of animals and animal 

products from that region; or 

(3) Publish another document in the 

Federal Register for comment. 

PART 93—IMPORTATION OF CERTAIN 

ANIMALS, BIRDS, FISH, AND 

POULTRY, AND CERTAIN ANIMAL, 

BIRD, AND POULTRY PRODUCTS; 

REQUIREMENTS FOR MEANS OF 

CONVEYANCE AND SHIPPING 

CONTAINERS 

■ 4. 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. 

■ 5. Section 93.301 is amended as 

follows: 

■ a. By revising paragraphs (c)(1), (h)(6), 

(h)(7), and (j) introductory text; and 

■ b. In paragraphs (c)(2)(ix), (d)(3), (e)(1) 

introductory text, (e)(2)(i), (f)(10)(i), (g) 

introductory text, and (h) introductory 

text, by removing the words ‘‘listed in’’ 

each time they appear and adding in 

their place the words ‘‘listed under’’. 

The revisions read as follows: 

§ 93.301 General prohibitions; exceptions. 

* * * * * 

(c) * * * 

(1) Importation prohibited. Except as 

provided in paragraph (c)(2) of this 

section, notwithstanding the other 

provisions of this part concerning the 

importation of horses into the United 

States, the importation of all horses 

from any region that APHIS considers to 

be affected with contagious equine 

metritis (CEM) and the importation of 

all horses that have been in any such 

region within the 12 months 

immediately preceding their being 

offered for entry into the United States 

is prohibited. 

(i) A list of regions that APHIS 

considers to be affected with CEM is 

maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(ii) APHIS will add a region to the list 

upon determining that the disease exists 

in the region based on reports APHIS 

receives of outbreaks of the disease from 

veterinary officials of the exporting 

country, from the World Organization 

for Animal Health (OIE), or from other 

sources the Administrator determines to 

be reliable, or upon determining that the 

region trades horses freely with a region 

in which CEM exists without testing for 

CEM. APHIS will remove a region from 

the list after conducting an evaluation of 

the region in accordance with § 92.2 of 

this subchapter and finding that the 

disease is not present in the region. In 

the case of a region formerly not on this 

list that is added due to an outbreak, the 

region may be removed from the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

* * * * * 

(h) * * * 

(6) A list of States approved by APHIS 

to receive stallions over 731 days of age 

imported under paragraph (e) of this 

section is maintained on the APHIS 

Web site at http://www.aphis.usda.gov/ 

import_export/animals/downloads/ 

states_app_conduct_cem_testing.pdf. 

Copies of the list will also be available 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. 

(7) A list of States approved by APHIS 

to receive mares over 731 days of age 

imported under paragraph (e) of this 

section is maintained on the APHIS 

Web site at http://www.aphis.usda.gov/ 

import_export/animals/downloads/ 

states_app_conduct_cem_testing.pdf. 

Copies of the list will also be available 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. 

* * * * * 

(j) Examination and treatment for 

screwworm. Horses from regions where 

APHIS considers screwworm to exist 

may be imported into the United States 

only if they meet the requirements in 

paragraphs (j)(1) through (7) of this 

section and all other applicable 

requirements of this part. APHIS will 

maintain a list of regions where 

screwworm is considered to exist on the 

APHIS Web site at http:// 

www.aphis.usda.gov/import_export/ 

animals/animal_disease_status.shtml. 

Copies of the list will also be available 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. APHIS will add a 

region to the list upon determining that 

screwworm exists in the region based on 

reports APHIS receives of detections of 

the pest from veterinary officials of the 

exporting country, from the World 

Organization for Animal Health (OIE), 

or from other sources the Administrator 

determines to be reliable. APHIS will 

remove a region from the list after 

conducting an evaluation of the region 

in accordance with § 92.2 of this 

subchapter and finding that screwworm 

is not present in the region. In the case 

of a region formerly not on this list that 

is added due to a detection, the region 

may be removed from the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

* * * * * 

■ 6. In § 93.308, paragraphs (a)(1) and 

(2) are revised to read as follows: 

§ 93.308 Quarantine requirements. 

(a) * * * 

(1) Except as provided in §§ 93.317 

and 93.324 and in paragraph (a)(1)(i) of 

this section, horses intended for 

importation from the Western 

Hemisphere shall be quarantined at a 

port designated in § 93.303 for not less 

than 7 days to be evaluated for signs of 

Venezuelan equine encephalomyelitis. 

(i) Horses imported from regions of 

the Western Hemisphere that APHIS 

considers to be free of Venezuelan 

equine encephalomyelitis are exempt 

from the requirements of paragraph 

(a)(1) of this section. A list of regions 

that APHIS has declared free of 

Venezuelan equine encephalomyelitis is 

maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/animal_import/ 

equine/ 

equine_import_quarantine.shtml. 

Copies of the list will also be available 


wreier-aviles on DSK3TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations 1391 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. 

(ii) APHIS will add a region to the list 

of those it has declared free of 

Venezuelan equine encephalomyelitis 

after it conducts an evaluation of the 

region in accordance with § 92.2 of this 

subchapter and finds that the disease is 

not present. In the case of a region 

formerly on this list that is removed due 

to an outbreak, the region may be 

returned to the list in accordance with 

the procedures for reestablishment of a 

region’s disease-free status in § 92.4 of 

this subchapter. APHIS will remove a 

region from the list of those it has 

declared free of Venezuelan equine 

encephalomyelitis upon determining 

that the disease exists in the region 

based on reports APHIS receives of 

outbreaks of the disease from veterinary 

officials of the exporting country, from 

the World Organization for Animal 

Health (OIE), or from other sources the 

Administrator determines to be reliable. 

(2) Horses intended for importation 

from regions APHIS considers to be 

affected with African horse sickness 

may enter the United States only at the 

port of New York, and must be 

quarantined at the New York Animal 

Import Center in Newburgh, New York, 

for at least 60 days. This restriction also 

applies to horses that have stopped in 

or transited a region considered affected 

with African horse sickness. 

(i) A list of regions that APHIS 

considers affected with African horse 

sickness is maintained on the APHIS 

Web site at http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(ii) APHIS will add a region to the list 

upon determining that the disease exists 

in the region based on reports APHIS 

receives of outbreaks of the disease from 

veterinary officials of the exporting 

country, from the World Organization 

for Animal Health (OIE), or from other 

sources the Administrator determines to 

be reliable. APHIS will remove a region 

from the list after conducting an 

evaluation of the region in accordance 

with § 92.2 of this subchapter and 

finding that the disease is not present in 

the region. In the case of a region 

formerly not on this list that is added 

due to an outbreak, the region may be 

removed from the list in accordance 

with the procedures for reestablishment 

of a region’s disease-free status in § 92.4 

of this subchapter. 

* * * * * 

■ 7. In § 93.405, paragraph (a)(3) 

introductory text is revised to read as 

follows: 

§ 93.405 Health certificate for ruminants. 

(a) * * * 

(3) If the ruminants are from any 

region where screwworm is considered 

to exist, the ruminants may be imported 

into the United States only if they meet 

the requirements of paragraphs (a)(3)(i) 

through (iv) of this section and all other 

applicable requirements of this part. 

APHIS will maintain a list of regions 

where screwworm is considered to exist 

on the APHIS Web site at http:// 

www.aphis.usda.gov/import_export/ 

animals/animal_disease_status.shtml. 

Copies of the list will also be available 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. APHIS will add a 

region to the list upon determining that 

screwworm exists in the region based on 

reports APHIS receives of detections of 

the pest from veterinary officials of the 

exporting country, from the World 

Organization for Animal Health (OIE), 

or from other sources the Administrator 

determines to be reliable. APHIS will 

remove a region from the list after 

conducting an evaluation of the region 

in accordance with § 92.2 of this 

subchapter and finding that screwworm 

is not present in the region. In the case 

of a region formerly not on this list that 

is added due to a detection, the region 

may be removed from the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

* * * * * 

§ 93.500 [Amended] 

■ 8. Section 93.500 is amended by 

removing the definition of APHISdefined European CSF region. 

■ 9. Section 93.505 is amended as 

follows: 

■ a. In paragraph (a), by adding the 

words ‘‘as defined in § 94.0 of this 

subchapter,’’ immediately after the 

words ‘‘APHIS-defined European CSF 

region,’’; and 

■ b. In paragraph (b), by revising the 

introductory text to read as follows: 

§ 93.505 Certificate for swine. 

* * * * * 

(b) Swine from any region where 

screwworm is considered to exist may 

only be imported into the United States 

if they meet the requirements of 

paragraphs (b)(1) through (b)(4) of this 

section and all other applicable 

requirements of this part. APHIS will 

maintain a list of regions where 

screwworm is considered to exist on the 

APHIS Web site at http:// 

www.aphis.usda.gov/import_export/ 

animals/animal_disease_status.shtml. 

Copies of the list will also be available 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. APHIS will add a 

region to the list upon determining that 

screwworm exists in the region based on 

reports APHIS receives of detections of 

the pest from veterinary officials of the 

exporting country, from the World 

Organization for Animal Health (OIE), 

or from other sources the Administrator 

determines to be reliable. APHIS will 

remove a region from the list after 

conducting an evaluation of the region 

in accordance with § 92.2 of this 

subchapter and finding that screwworm 

is not present in the region. In the case 

of a region formerly not on this list that 

is added due to a detection, the region 

may be removed from the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

* * * * * 

■ 10. In § 93.600, paragraph (a) 

introductory text is revised to read as 

follows: 

§ 93.600 Importation of dogs. 

(a) All dogs. Dogs from any region of 

the world where screwworm is 

considered to exist may only be 

imported into the United States if they 

meet the requirements of paragraphs 

(a)(1) and (2) of this section and all 

other applicable requirements of this 

part. APHIS will maintain a list of 

regions where screwworm is considered 

to exist on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

APHIS will add a region to the list upon 

determining that screwworm exists in 

the region based on reports APHIS 


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receives of detections of the pest from 

veterinary officials of the exporting 

country, from the World Organization 

for Animal Health (OIE), or from other 

sources the Administrator determines to 

be reliable. APHIS will remove a region 

from the list after conducting an 

evaluation of the region in accordance 

with § 92.2 of this subchapter and 

finding that screwworm is not present 

in the region. In the case of a region 

formerly not on this list that is added 

due to a detection, the region may be 

removed from the list in accordance 

with the procedures for reestablishment 

of a region’s disease-free status in § 92.4 

of this subchapter. 

* * * * * 

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, EXOTIC 

NEWCASTLE DISEASE, AFRICAN 

SWINE FEVER, CLASSICAL SWINE 

FEVER, SWINE VESICULAR DISEASE, 

AND BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS 

■ 11. 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. 

■ 12. Section 94.0 is amended by 

revising the definition of APHIS-defined 

European CSF region to read as follows: 

§ 94.0 Definitions. 

* * * * * 

APHIS-defined European CSF region. 

A single region of Europe recognized by 

APHIS as low risk for classical swine 

fever. 

(1) A list of areas included in the 

region is maintained on the APHIS Web 

site at http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(2) APHIS will add an area to the 

region after it conducts an evaluation of 

the area to be added in accordance with 

§ 92.2 of this subchapter and finds that 

the risk profile for the area is equivalent 

with respect to classical swine fever to 

the risk profile for the region it is 

joining. 

* * * * * 

■ 13. In § 94.1, paragraph (a) is revised 

to read as follows: 

§ 94.1 Regions where rinderpest or footand-mouth disease exists; importations 

prohibited. 

(a) APHIS considers rinderpest or 

foot-and-mouth disease to exist in all 

regions of the world except those 

declared free of one or both of these 

diseases by APHIS. 

(1) A list of regions that APHIS has 

declared free of rinderpest and a list of 

regions APHIS has declared free of foot 

and mouth disease are maintained on 

the APHIS Web site at http:// 

www.aphis.usda.gov/import_export/ 

animals/animal_disease_status.shtml. 

Copies of the list will also be available 

via postal mail, fax, or email upon 

request to the Sanitary Trade Issues 

Team, National Center for Import and 

Export, Veterinary Services, Animal and 

Plant Health Inspection Service, 4700 

River Road Unit 38, Riverdale, 

Maryland 20737. 

(2) APHIS will add a region to the list 

of those it has declared free of 

rinderpest or foot-and-mouth disease, or 

both, after it conducts an evaluation of 

the region in accordance with § 92.2 of 

this subchapter and finds that the 

disease, or diseases, are not present. In 

the case of a region formerly on this list 

that is removed due to an outbreak, the 

region may be returned to the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

APHIS will remove a region from the 

list of those it has declared free of 

rinderpest or foot-and-mouth disease 

upon determining that the disease exists 

in the region based on reports APHIS 

receives of outbreaks of the disease from 

veterinary officials of the exporting 

country, from the World Organization 

for Animal Health (OIE), or from other 

sources the Administrator determines to 

be reliable. 

* * * * * 

§ 94.2 [Amended] 

■ 14. Section 94.2 is amended by 

removing the word ‘‘infected’’ each time 

it appears and adding in its place the 

word ‘‘affected’’. 

■ 15. Section 94.8 is amended as 

follows: 

■ a. By redesignating paragraphs (a), (b), 

and (c) as paragraphs (b), (c), and (d), 

respectively; and 

■ b. By removing the introductory text, 

including footnote 8, and adding a new 

paragraph (a); 

■ c. In redesignated paragraphs (b)(3)(i) 

and (b)(4) introductory text, by 

removing the paragraph designation 

‘‘(a)(5)’’ and adding in its place the 

paragraph designation ‘‘(b)(5)’’; 

■ d. In redesignated paragraph (b)(5) 

introductory text, by redesignating 

footnote 9 as footnote 8; and 

■ e. In redesignated paragraph (c), by 

removing the paragraph designation 

‘‘(a)(2)’’ and adding in its place the 

paragraph designation ‘‘(b)(2)’’. 

The addition reads as follows: 

§ 94.8 Pork and pork products from 

regions where African swine fever exists or 

is reasonably believed to exist. 

(a) African swine fever exists or the 

Administrator has reason to believe that 

African swine fever exists in the regions 

listed under paragraph (a)(2) of this 

section. 

(1) The Administrator bases the 

reason to believe African swine fever 

exists in a region on the following 

factors: 

(i) When a region allows the 

importation of host animals, pork or 

pork products, or vectors of African 

swine fever from a region in which 

African swine fever exists under 

conditions which the Administrator has 

determined are less stringent than those 

prescribed by this chapter for importing 

host animals, pork or pork products, or 

vectors of African swine fever into the 

United States from a region in which 

African swine fever exists; or 

(ii) When a region allows the 

importation or use of African swine 

fever virus or cultures under conditions 

which the Administrator has 

determined are less stringent than those 

prescribed by this chapter for the 

importation or use of African swine 

fever virus or cultures into or within the 

United States; or 

(iii) When a region has a contiguous 

border with, or is subject to commercial 

exchange or natural spread of African 

swine fever host animals, host materials, 

or vectors with, another region with 

known outbreaks of African swine fever; 

or 

(iv) A region’s lack of a disease 

detection, control, or reporting system 

capable of detecting or controlling 

African swine fever and reporting it to 

the United States in time to allow the 

United States to take appropriate action 

to prevent the introduction of African 

swine fever into the United States; or 

(v) Any other fact or circumstance 

found to exist which constitutes a risk 

of introduction of African swine fever 

into the United States. 

(2) A list of regions where African 

swine fever exists or the Administrator 

has reason to believe that African swine 

fever exists is maintained on the APHIS 

Web site at http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 


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mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(3) APHIS will add a region to the list 

upon determining that the disease exists 

in the region based on reports APHIS 

receives of outbreaks of the disease from 

veterinary officials of the exporting 

country, from the World Organization 

for Animal Health (OIE), or from other 

sources the Administrator determines to 

be reliable, or upon determining that 

there is reason to believe the disease 

exists in the region. APHIS will remove 

a region from the list after conducting 

an evaluation of the region in 

accordance with § 92.2 of this 

subchapter and finding that the disease 

is not present and that there is no reason 

to believe the disease is present. In the 

case of a region formerly not on this list 

that is added due to an outbreak, the 

region may be removed from the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

* * * * * 

■ 16. Section 94.9 is amended as 

follows: 

■ a. By removing footnote 10 in 

paragraph (a) and redesignating footnote 

11 in paragraph (c)(3) and footnote 12 in 

paragraph (e)(2) introductory text as 

footnotes 10 and 11, respectively; 

■ b. By revising paragraph (a); 

■ c. By adding a new footnote 9 at the 

end of paragraph (c) introductory text; 

and 

■ d. In paragraphs (c)(1)(iii)(C)(1) and 

(2), by removing the words ‘‘in 

paragraph (a)’’ and adding in their place 

the words ‘‘under paragraph (a)’’. 

The revision and addition read as 

follows: 

§ 94.9 Pork and pork products from 

regions where classical swine fever exists. 

(a) APHIS considers classical swine 

fever to exist in all regions of the world 

except those declared free of the disease 

by APHIS. 

(1) A list of regions that APHIS has 

declared free of classical swine fever is 

maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(2) APHIS will add a region to the list 

of those it has declared free of classical 

swine fever after it conducts an 

evaluation of the region in accordance 

with § 92.2 of this subchapter and finds 

that the disease is not present. In the 

case of a region formerly on this list that 

is removed due to an outbreak, the 

region may be returned to the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

APHIS will remove a region from the 

list of those it has declared free of 

classical swine fever upon determining 

that the disease exists in the region 

based on reports APHIS receives of 

outbreaks of the disease from veterinary 

officials of the exporting country, from 

the World Organization for Animal 

Health (OIE), or from other sources the 

Administrator determines to be reliable. 

* * * * * 

(c) * * * 9

9See 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. 

* * * * * 

■ 17. In § 94.10, paragraph (a) is revised 

to read as follows: 

§ 94.10 Swine from regions where 

classical swine fever exists. 

(a) APHIS considers classical swine 

fever to exist in all regions of the world 

except those declared free of the disease 

by APHIS. 

(1) A list of regions that APHIS has 

declared free of classical swine fever is 

maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road, 

Unit 38, Riverdale, Maryland 20737. 

(2) APHIS will add a region to the list 

of those it has declared free of classical 

swine fever after it conducts an 

evaluation of the region in accordance 

with § 92.2 of this subchapter and finds 

that the disease is not present. In the 

case of a region formerly on this list that 

is removed due to an outbreak, the 

region may be returned to the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

APHIS will remove a region from the 

list of those it has declared free of 

classical swine fever upon determining 

that the disease exists in the region 

based on reports APHIS receives of 

outbreaks of the disease from veterinary 

officials of the exporting country, from 

the World Organization for Animal 

Health (OIE), or from other sources the 

Administrator determines to be reliable. 

* * * * * 

■ 18. Section 94.11 is amended as 

follows: 

■ a. By revising paragraph (a); 

■ b. In paragraph (c) introductory text, 

by removing the words ‘‘regions 

designated in paragraph (a)’’ and adding 

in their place the words ‘‘any region 

listed under paragraph (a)(2)’’; 

■ c. In paragraph (c)(1), by removing the 

words ‘‘listed in § 94.1(a) as a region 

infected with rinderpest or foot-andmouth disease’’ and adding in their 

place the words ‘‘designated under 

§ 94.1(a) as a region where rinderpest or 

foot-and-mouth disease exists’’; 

■ d. In paragraph (c)(2), by removing the 

word ‘‘infected’’ each time it appears 

and adding in its place the word 

‘‘affected’’; and 

■ e. In paragraph (c)(3), by removing the 

words ‘‘in § 94.1(a)(2)’’ and adding in 

their place the words ‘‘under § 94.1(a)’’. 

The revision reads as follows: 

§ 94.11 Restrictions on importation of 

meat and other animal products from 

specified regions. 

(a) The meat of ruminants or swine, 

and other animal products, and ship 

stores, airplane meals, and baggage 

containing such meat or animal 

products originating in any region listed 

as provided in paragraph (a)(2) of this 

section may not be imported into the 

United States unless the requirements in 

this section, in addition to other 

applicable requirements of chapter III of 

this title, are met. However, meat and 

meat products that meet the 

requirements of § 94.4 do not have to 

comply with the requirements of this 

section. As used in this section, the term 

‘‘other animal product’’ means all parts 

of the carcass of any ruminant or swine, 

other than meat and articles regulated 

under part 95 or part 96 of this chapter. 

(1) The regions listed under paragraph 

(a)(2) of this section have been declared 

free of rinderpest and foot-and-mouth 

disease by APHIS as provided in 

§ 94.1(a) but supplement their national 

meat supply by the importation of fresh 

(chilled or frozen) meat of ruminants or 

swine from regions that APHIS 

considers to be affected with rinderpest 

or foot-and-mouth disease as provided 

in § 94.1(a); or have a common land 

border with regions considered to be 

affected with rinderpest or foot-andmouth disease; or import ruminants or 

swine from regions considered to be 

affected with rinderpest or foot-andmouth disease under conditions less 

restrictive than would be acceptable for 


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importation into the United States. 

Thus, the meat may be commingled 

with the fresh (chilled or frozen) meat 

of animals from an affected region, 

resulting in an undue risk of 

introducing rinderpest or foot-andmouth disease into the United States. 

(2) A list of regions whose products 

are regulated under this section is 

maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(3) APHIS will add a region to the list 

of those whose products are regulated 

under this section after conducting an 

evaluation of the region and 

determining that one or more of the 

circumstances described in paragraph 

(a)(1) of this section exists. APHIS will 

remove a region from the list upon 

conducting an evaluation of the region 

and determining that the circumstances 

in paragraph (a)(1) of this section no 

longer exist or upon determining that 

rinderpest or foot-and-mouth disease 

exists in the region. 

* * * * * 

■ 19. Section 94.12 is amended as 

follows: 

■ a. By revising paragraph (a); 

■ b. In paragraph (b)(1)(iii)(B), by 

redesignating footnote 13 as footnote 12; 

■ c. In paragraph (b)(1)(iv)(B)(1), by 

removing the word ‘‘infected’’ and 

adding in its place the word ‘‘affected’’; 

and by removing the words ‘‘in 

paragraph (a)’’ and adding in their place 

the words ‘‘under paragraph (a)(1)’’; 

■ d. In paragraph (b)(1)(iv)(B)(2)(i), by 

removing the word ‘‘infected’’ and 

adding in its place the word ‘‘affected’’; 

■ e. In paragraph (b)(1)(iv)(B)(2)(ii), by 

removing the words ‘‘in paragraph (a)’’ 

and adding in their place the words 

‘‘under paragraph (a)(1)’’; 

■ f. In paragraph (b)(3), by redesignating 

footnote 14 as footnote 13; and 

■ g. By revising redesignated footnote 

13 in paragraph (b)(3) to read ‘‘ 13See 

footnote 10.’’ 

The revision reads as follows: 

§ 94.12 Pork and pork products from 

regions where swine vesicular disease 

exists. 

(a) APHIS considers swine vesicular 

disease to exist in all regions of the 

world except those declared free of the 

disease by APHIS. 

(1) A list of regions that APHIS has 

declared free of swine vesicular disease 

is maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(2) APHIS will add a region to the list 

of those it has declared free of swine 

vesicular disease after it conducts an 

evaluation of the region in accordance 

with § 92.2 of this subchapter and finds 

that the disease is not present. In the 

case of a region formerly on this list that 

is removed due to an outbreak, the 

region may be returned to the list in 

accordance with the procedures for 

reestablishment of a region’s diseasefree status in § 92.4 of this subchapter. 

APHIS will remove a region from the 

list of those it has declared free of swine 

vesicular disease upon determining that 

the disease exists in the region based on 

reports APHIS receives of outbreaks of 

the disease from veterinary officials of 

the exporting country, from the World 

Organization for Animal Health (OIE), 

or from other sources the Administrator 

determines to be reliable. 

* * * * * 

■ 20. Section 94.13 is amended as 

follows: 

■ a. By redesignating paragraphs (a) and 

(b) as paragraphs (b) and (c), 

respectively; 

■ b. By redesignating the introductory 

text as paragraph (a) and revising it; 

■ c. By revising newly redesignated 

paragraph (c)(1); and 

■ d. In newly redesignated paragraph 

(c)(2), by removing the words ‘‘in 

§ 94.12’’ and adding in their place the 

words ‘‘under § 94.12(a)’’. 

The revisions read as follows: 

§ 94.13 Restrictions on importation of pork 

or pork products from specified regions. 

(a) Pork or pork products and ship’s 

stores, airplane meals, and baggage 

containing pork or pork products, other 

than those articles regulated under part 

95 or part 96 of this chapter, produced 

in any region listed under paragraph 

(a)(2) of this section may not be 

imported into the United States unless 

the requirements of this section, in 

addition to other applicable 

requirements of part 327 of this title, are 

met. 

(1) The regions listed under paragraph 

(a)(2) of this section have been declared 

free of swine vesicular disease as 

provided in § 94.12(a) but supplement 

their national pork supply by the 

importation of fresh (chilled or frozen) 

meat of animals from regions where 

swine vesicular disease is considered to 

exist, or have a common border with 

such regions, or have trade practices 

that are less restrictive than are 

acceptable to the United States. Thus, 

the pork or pork products may be 

commingled with fresh (chilled or 

frozen) meat of animals from a region 

where swine vesicular disease is 

considered to exist, resulting in an 

undue risk of swine vesicular disease 

introduction into the United States. 

(2) A list of regions whose products 

are regulated under this section is 

maintained on the APHIS Web site at 

http://www.aphis.usda.gov/ 

import_export/animals/ 

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(3) APHIS will add a region to the list 

of those whose products are regulated 

under this section after conducting an 

evaluation of the region and 

determining that one or more of the 

circumstances listed in paragraph (a)(1) 

of this section exists. APHIS will 

remove a region from the list upon 

conducting an evaluation of the region 

and determining that the circumstances 

in paragraph (a)(1) of this section no 

longer exist or upon determining that 

swine vesicular disease exists in the 

region. 

* * * * * 

(c) * * * 

(1) The slaughtering establishment is 

not permitted to receive animals that 

originated in a region considered to 

have swine vesicular disease or that 

have ever been in a region in which 

swine vesicular disease existed. 

* * * * * 

§ 94.14 [Amended] 

■ 21. In § 94.14, paragraph (a) is 

amended by removing the words ‘‘listed 

in’’ and adding in their place the words 

‘‘listed under’’. 

■ 22. Section 94.16 is amended as 

follows: 

■ a. By revising paragraph (b) 

introductory text; 

■ b. In paragraph (b)(2), by 

redesignating footnote 15 as footnote 14; 

and 

■ c. By revising paragraph (c) 

introductory text and paragraph (d). 

The revisions read as follows: 

§ 94.16 Milk and milk products. 

* * * * * 


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(b) Milk and milk products originating 

in, or shipped from, any region where 

rinderpest or foot-and-mouth disease is 

considered to exist under § 94.1(a) may 

be imported into the United States if 

they meet the requirements of 

paragraphs (b)(1), (2), or (3) of this 

section: 

* * * * * 

(c) Milk and milk products originating 

in and shipped from regions listed 

under § 94.1(a) as free of rinderpest and 

foot-and-mouth disease but which have 

entered a port or otherwise transited a 

region where APHIS considers either 

disease to exist may not be imported 

into the United States unless: 

* * * * * 

(d) Except for milk and milk products 

imported from Canada, and except as 

provided in this paragraph, milk or milk 

products imported from a region listed 

under § 94.1(a) as free of rinderpest and 

foot-and-mouth disease must be 

accompanied by a certificate endorsed 

by a full-time, salaried veterinarian 

employed by the region of export. The 

certificate must state that the milk was 

produced and processed in a region 

listed under § 94.1(a) as free of 

rinderpest and foot-and-mouth disease, 

or that the milk product was processed 

in one such region from milk produced 

in another such region. The certificate 

must name the region in which the milk 

was produced and the region in which 

the milk or milk product was processed. 

Further, the certificate must state that, 

except for movement under seal as 

described in § 94.16(c), the milk or milk 

product has never been in a region in 

which rinderpest or foot-and-mouth 

disease exists. Milk or milk products 

from a region listed under § 94.1(a) as 

free of rinderpest and foot-and-mouth 

disease and that were processed in 

whole or in part from milk or milk 

products from a region not listed under 

§ 94.1(a) as free of rinderpest and footand-mouth disease may be imported 

into the United States only in 

accordance with paragraph (b)(3) of this 

section. 

* * * * * 

§ 94.17 [Amended] 

■ 23. Section 94.17 is amended as 

follows: 

■ a. Footnote 16 in paragraph (e) and 

footnote 17 in paragraph (p)(1)(i) are 

redesignated as footnotes 15 and 16, 

respectively; and 

■ b. Newly redesignated footnote 16 in 

paragraph (p)(1)(i) is revised to read ‘‘16

See footnote 15.’’ 

§ 94.18 [Amended] 

■ 24. In § 94.18, footnote 18 in 

paragraph (c)(2) and footnote 19 in 

paragraph (d)(1) are redesignated as 

footnotes 17 and 18, respectively. 

§ 94.24 [Amended] 

■ 25. Section 94.24 is amended as 

follows: 

■ a. In paragraphs (a)(1)(i) and (b)(2)(i), 

by removing the words ‘‘in §§ 94.9(a) 

and 94.10(a) as one’’ each time they 

occur and adding in their place the 

words ‘‘under §§ 94.9(a) and 94.10(a) as 

a region’’; 

■ b. In paragraph (a)(5), by redesignating 

footnote 20 as footnote 19; and 

■ c. In paragraph (b)(6) by redesignating 

footnote 21 as footnote 20. 

■ 26. Section 94.25 is amended as 

follows: 

■ a. By removing the introductory text; 

■ b. By revising paragraph (a); 

■ c. In paragraph (b) introductory text, 

paragraph (c) introductory text, and 

paragraphs (c)(1) and (c)(5), by removing 

the words ‘‘designated in’’ each time 

they occur and by adding in their place 

the words ‘‘listed under’’; and 

■ d. In paragraphs (b)(1), (b)(2), (b)(3), 

(c)(2), (c)(3), and (c)(4), by removing the 

words ‘‘designated in §§ 94.9 and 94.10 

as affected with CSF’’ each time they 

occur and adding in their place the 

words ‘‘classified under §§ 94.9 and 

94.10 as a region in which CSF is 

known to exist’’. 

The revision reads as follows: 

§ 94.25 Restrictions on the importation of 

live swine, pork, or pork products from 

certain regions free of classical swine fever. 

(a) Live swine, pork, or pork products 

and ship stores, airplane meals, and 

baggage containing pork or pork 

products, other than those articles 

regulated under part 95 or part 96 of this 

chapter, may not be imported into the 

United States from a region listed under 

paragraph (a)(2) 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. 

(1) The regions listed under paragraph 

(a)(2) of this section have been declared 

free of classical swine fever (CSF) by 

APHIS in accordance with §§ 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 CSFaffected regions under conditions less 

restrictive than would be acceptable for 

importation into the United States. 

Thus, the live swine, pork, or pork 

products from those regions 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. 

(2) A list of regions whose live swine, 

pork, and pork products are regulated 

under this section is maintained on the 

APHIS Web site at http://www.aphis.

usda.gov/import_export/animals/

animal_disease_status.shtml. Copies of 

the list will also be available via postal 

mail, fax, or email upon request to the 

Sanitary Trade Issues Team, National 

Center for Import and Export, Veterinary 

Services, Animal and Plant Health 

Inspection Service, 4700 River Road 

Unit 38, Riverdale, Maryland 20737. 

(3) APHIS will add a region to the list 

of those whose live swine, pork, and 

pork products are regulated under this 

section after conducting an evaluation 

of the region and determining that one 

or more of the circumstances described 

in paragraph (a)(1) of this section exists. 

APHIS will remove a region from the 

list upon conducting an evaluation of 

the region and determining that the 

circumstances in paragraph (a)(1) of this 

section no longer exist or upon 

determining that classical swine fever 

exists in the region. 

* * * * * 

PART 96—RESTRICTION OF 

IMPORTATIONS OF FOREIGN ANIMAL 

CASINGS OFFERED FOR ENTRY INTO 

THE UNITED STATES 

■ 27. The authority citation for part 96 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 21 U.S.C. 

136 and 136a; 7 CFR 2.22, 2.80, and 371.4. 

§ 96.2 [Amended] 

■ 28. Section § 96.2 is amended as 

follows: 

■ a. In paragraph (a) introductory text, 

by removing the words ‘‘in § 94.8’’ and 

adding in their place the words ‘‘under 

§ 94.8(a)’’; 

■ b. In paragraph (a)(1), by removing the 

words ‘‘in § 94.8(a)’’ and adding in their 

place the words ‘‘under § 94.8(a)’’; 

■ c. In paragraph (a)(2), by removing the 

words ‘‘in § 94.8’’ and adding in their 

place the words ‘‘under § 94.8(a)’’; and 

■ d. In paragraph (a)(5), by removing the 

words ‘‘in § 94.8’’ each time they appear 

and adding in their place the words 

‘‘under § 94.8(a)’’. 


wreier-aviles on DSK3TPTVN1PROD with RULES
1396 Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations 

1A CIP is a program in which USAID provides 

foreign exchange to a host country that, by the 

terms of the applicable agreement between USAID 

and the host country, is used to finance particular 

commodity import transactions of the host country. 

2 Geographic codes were established to note, for 

every implementing agreement, the source, origin 

and nationality authorized for every good and 

service procurement transaction under that 

implementing agreement. 

PART 98—IMPORTATION OF CERTAIN 

ANIMAL EMBRYOS AND ANIMAL 

SEMEN 

■ 29. The authority citation for part 98 

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. 

§ 98.3 [Amended] 

■ 30. In § 98.3, the introductory text is 

amended by removing the words ‘‘listed 

in § 94.1(a)(2)’’ and adding in their place 

‘‘listed under § 94.1(a)’’. 

§ 98.30 [Amended] 

■ 31. Section 98.30 is amended by 

removing the definition of APHISdefined European CSF region. 

§ 98.38 [Amended] 

■ 32. Section 98.38 is amended as 

follows: 

■ a. In the introductory text, by adding 

the words ‘‘, as defined in § 94.0 of this 

subchapter,’’ immediately after the 

words ‘‘APHIS-defined EU CSF region’’; 

and 

■ b. In paragraph (b)(1), by removing the 

words ‘‘in §§ 94.9(a) and 94.10(a) of this 

chapter as one’’ and adding in their 

place the words ‘‘under §§ 94.9(a) and 

94.10(a) of this chapter as a region’’. 

Done in Washington, DC, this 4th day of 

January 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–226 Filed 1–9–12; 8:45 am] 

BILLING CODE 3410–34–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 228 

RIN 0412–AA70 

Procurement of Commodities and 

Services Financed by USAID Federal 

Program Funds. 

AGENCY: Agency for International 

Development (USAID). 

ACTION: Final rule. 

SUMMARY: This Final Rule revises 

USAID regulations to simplify 

implementation of the statutory 

requirement that Federal assistance, or 

program, funds made available by the 

United States Congress (Congress) to 

USAID under the authority of the 

Foreign Assistance Act of 1961, as 

amended (FAA), be used for 

procurement in the United States (U.S.), 

the recipient country, or developing 

countries. It does so by revising 

USAID’s current source, origin and 

nationality (S/O/N) regulation to track 

more closely the statutory procurement 

authority provided under the FAA and 

referenced above by establishing a new 

code for procurements from the U.S., 

recipient country and developing 

countries as well as reflecting existing, 

special procurement authorities 

established by Congress; deleting the 

concept of ‘‘origin,’’ and simplifying the 

concepts of ‘‘source’’ and ‘‘nationality’’ 

to reflect better Congress’s directive to 

procure from the U.S., recipient or 

developing countries; and simplifying 

application of the statutory waiver 

authority in the FAA. 

DATES: Effective: February 6th, 2012. 

FOR FURTHER INFORMATION CONTACT: John 

Niemeyer (or designee), Attorney 

Advisor, Office of the General Counsel, 

USAID, Rm. 6.07–105, 1300 

Pennsylvania Ave. NW., Washington, 

DC 20523; telephone: (202) 712–5053 

(this is not a toll-free number); 

jniemeyer@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

• Part I. Background 

• Part II. The Final Rule 

Æ Purpose of the Rule 

Æ USAID Regulations Amended by This 

Rule 

Æ Summary of Changes to the Existing 

Rule 

• Part III. Responses to Comments Received 

on the Proposed Rule 

• Part IV. Regulatory Planning and Review: 

Findings and Certifications of Impact 

Assessment 

On August 19, 2011, USAID 

published in the Federal Register (76 

FR 51916) a Proposed Rule which 

substantially modified the current 

S/O/N regulation by establishing a 

single primary geographic (source) code, 

deleting the concept of ‘‘origin’’ from 

the rule, requiring recipients and 

contractors to document ‘‘availability 

for purchase’’ of commodities and 

services, and streamlining existing 

waiver procedures. The Agency 

provided a forty five day public 

comment period on the Proposed Rule, 

which ended Monday, October 3rd, 

2011. The Agency also offered the 

public the opportunity to submit 

comments by surface mail, email or fax. 

The publication of the Proposed Rule 

was the second step in a three step, 

public ‘‘notice and comment’’ 

rulemaking procedure. Previously on 

February 16, 2011, USAID published an 

‘‘Advanced Notice of Proposed 

Rulemaking’’ (ANPRM) in the Federal 

Register (76 FR 8961), proposing 

changes to the current regulation, 

soliciting suggestions and comments for 

such changes, and providing a forty five 

day comment period, which ended 

April 4, 2011. Comments received in 

response to the ANPRM were discussed 

and reflected in the publication of the 

Proposed Rule. USAID’s discussion of 

the comments received in response to 

the Proposed Rule, below at part III, and 

reflection of those comments in this 

‘‘Final Rule,’’ completes the public 

notice and comment rulemaking 

process. USAID also consulted with the 

relevant Congressional committees 

concerning revisions to the regulation. 

USAID received sixteen public 

comments in response to the Proposed 

Rule, all strongly in favor of substantial 

simplification of the regulation to keep 

pace with the globalization of the 

economy. Comments also urged revision 

of the proposed requirement for 

documentation of multiple, yearly sales 

as part of the definition of ‘‘available for 

purchase;’’ revisions to the 

‘‘nationality’’ proposed requirements to 

allow eligibility of foreign-owned (nongovernmental) development 

organizations employing a majority of 

U.S. or developing country staff ; and 

clarification of the waiver requirements. 

Comments received in response to the 

Proposed Rule are discussed and 

addressed in greater detail, below in 

part III, Responses to Comments 

Received on the Proposed Rule. 

I. Background 

Historically, the initial version of 

Section 604(a) provided that federal 

program funds made available under the 

FAA could be used for procurement 

outside the United States only if the 

President made a determination that 

such procurement would not have 

adverse effects upon the economy of the 

U.S., or that any such harm was 

outweighed by the benefits of ‘‘less 

costly government procurement outside 

the United States.’’ USAID implemented 

this directive by adapting the concepts 

of ‘‘source, origin and nationality’’ 

developed under USAID’s commodity 

import program (CIP),1 to all program 

funded procurements under the FAA. 

USAID also adapted the ‘‘principal 

geographic codes’’ 2 developed under 

the CIP to apply to all USAID financed, 

Federal program funded procurements, 

in part in order to address Congress’s 


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