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[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Proposed Rules]
[Pages 31499-31507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13504]

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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: Proposed rule.

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SUMMARY: We are proposing to remove lists of regions classified with 
respect to certain animal diseases and pests from our animal and animal 
product import regulations and, instead, post them to the Animal and 
Plant Health Inspection Service's (APHIS') Web site. The regulations 
would provide the Web address and would explain APHIS' criteria and 
process for adding a region to, or removing a region from, each of the 
lists. The technical criteria APHIS uses to evaluate whether a region 
should be added to or removed from a list would not change. We are also 
proposing to remove lists of States approved to receive horses imported 
from foreign regions where we consider contagious equine metritis to 
exist and, instead, post approved States to our Web site. The criteria 
for approving a State would not change. We would continue to provide an 
opportunity for public comment on changes to the lists. This action 
would enable the Agency to respond more quickly to changes in the 
disease status of regions.

DATES: We will consider all comments that we receive on or before 
August 1, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0035 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2009-0035, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0035.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the

[[Page 31500]]

USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

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 regulations currently list regions affected with or 
free of various diseases of livestock. The regulations also list Member 
States of the European Union (EU) that are part of the APHIS-defined 
region of the European Union 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 also 
contains lists of regions affected with certain diseases of livestock 
and lists of regions where screwworm is considered to exist. It also 
contains lists of 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 also lists 
the Member States of the European Union (EU) that are part of the 
APHIS-defined region of the European Union that we recognize as low 
risk for CSF. Each time we add or remove a Member State or other region 
from a list in the regulations, we must do so through rulemaking in 
order to change the Code of Federal Regulations.
    We are proposing to remove the lists of States approved to receive 
stallions or mares from regions affected with CEM, the lists of Member 
States, and most of the other lists of regions from parts 93, 94, and 
98 and instead post them to APHIS' Web site. The regulations would 
provide the Web address and a contact for requesting copies of the 
lists by mail, fax, or email. The regulations also would explain APHIS' 
process for adding or removing a Member State or other region to or 
from the lists. The technical criteria APHIS uses to evaluate whether a 
region should be added to or removed from a list would not change. With 
respect to States approved to receive stallions or mares from regions 
affected with CEM, the regulations currently set forth the conditions 
States must meet in order to be approved. These conditions would not 
change.
    The proposed action would allow more timely changes to the lists. 
This should be particularly useful when a region must be added to a 
list of regions affected with a disease. APHIS considers a disease to 
exist in a region when we receive reports of an outbreak of the disease 
in the region from veterinary officials of the national government of 
the region and/or the World Organization for Animal Health (the OIE), 
or from another source that the Administrator determines to be 
reliable; e.g., APHIS inspectors based in foreign countries.
    As now, when APHIS determines that a disease is present in a region 
and presents a potential threat to animal health in the United States, 
we would take immediate action to restrict imports from that region. We 
would no longer need to follow that action with an interim rule in the 
Federal Register to change text in the regulations. Instead, we would 
immediately list the region on the APHIS Web site and announce the 
listing through a notice, rather than a rule, in the Federal Register. 
The notice would provide an opportunity for public comment.
    We would add a region to a list of regions we recognize as free of 
a particular disease only after completing an evaluation and making it 
available for public comment. We would do this through a notice in the 
Federal Register. Following the close of the comment period, we would 
publish another notice responding to comments and announcing APHIS' 
decision. The criteria for evaluating a region's disease status, as 
outlined in 9 CFR part 92, ``Importation of Animals and Animal 
Products: Procedures for Requesting Recognition of Regions,'' would not 
change. Additional details about the factors APHIS reviews to determine 
a region's status may be found on the APHIS Web site at http://www.aphis.usda.gov/import_export/animals/reg_request.shtml.
    In conjunction with our proposed removal of lists of regions from 
the regulations, we are proposing to amend part 92 to remove language 
that states we will do rulemaking to add or remove a region from one of 
the lists. We are also proposing to amend references in 9 CFR parts 93, 
96, and 98 to the lists of regions in part 94. Instead of referring to 
regions listed ``in'' the regulations, we would refer to regions listed 
``under'' the regulations.
    We are also proposing to replace the term ``infected'' with the 
term ``affected'' in several places where the term is used to describe 
a region where a disease exists. We generally use the term ``infected'' 
when referring to an animal that has a disease, and ``affected'' when 
referring to a region in which the disease exists.
    We are not proposing in this document to remove the lists in 
Sec. Sec.  94.6 and 94.26 of regions free of exotic Newcastle disease 
or regions where highly pathogenic avian influenza subtype H5N1 is 
considered to exist because we are addressing the process for amending 
these lists in a separate rulemaking (see APHIS Docket 2006-0074 at 
http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0074). Similarly, this proposal 
will not address the lists in Sec.  94.18 of regions from which imports 
are restricted because of bovine spongiform encephalopathy (BSE) 
because we are currently evaluating our BSE regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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. 
Currently, rulemaking is 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. The changes we 
are proposing would 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. This action 
would enable APHIS to respond more quickly to changes in the disease or 
pest status of foreign regions. We are not proposing to change our 
criteria for recognizing a region as free of or affected with a disease 
or pest, or to add or remove any Member State or other region to or 
from the lists as part of this rulemaking.

[[Page 31501]]

Similarly, rulemaking is required whenever APHIS approves a State to 
receive stallions or mares over 731 days of age from regions affected 
with CEM. The changes we are proposing would remove the need for 
rulemaking while still providing opportunity for public comment on the 
basis for the action. We are not proposing to change our criteria for 
approving a State to receive stallions or mares from CEM-affected 
regions.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) No 
retroactive effect will be given to this rule, and (2) administrative 
proceedings will not be required before parties may file suit in court 
challenging this rule.

Paperwork Reduction Act

    This proposed 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 propose to amend 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''.
    b. By revising paragraphs (e) and (f) to read as set forth below.

Sec.  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:

Sec.  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 
Office (OIE) for reinstatement of disease-free status, as well as all 
relevant information obtained through public comments or collected by 
or 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 paragraph (c)(1), paragraphs (h)(6) and (h)(7), and 
paragraph (j), introductory text, to read as set forth below.
    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''.

Sec.  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

[[Page 31502]]

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 Issue 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. 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 Sec.  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 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 Issue 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 e-mail upon 
request to the Sanitary Trade Issue 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 (j)(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 Issue 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 Sec.  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 Sec.  92.4 of this 
subchapter.
* * * * *
    6. In Sec.  93.308, paragraphs (a)(1) and (a)(2) are revised to 
read as follows:

Sec.  93.308  Quarantine requirements.

    (a) * * *
    (1) Except as provided in Sec. Sec.  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 Sec.  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 this paragraph. 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 via postal mail, fax, or 
email upon request to the Sanitary Trade Issue 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 Sec.  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 Sec.  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 Issue 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. In the case 
of a region formerly not on this list that is added

[[Page 31503]]

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 Sec.  92.4 of this subchapter.
* * * * *
    7. In Sec.  93.405, paragraph (a)(3) introductory text is revised 
to read as follows:

Sec.  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 (a)(3)(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 Issue 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 Sec.  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 Sec.  92.4 of this 
subchapter.
* * * * *
    8. In Sec.  93.505, paragraph (b) introductory text is revised to 
read as follows:

Sec.  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 Issue 
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 Sec.  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 Sec.  92.4 of 
this subchapter.
* * * * *
    9. In Sec.  93.600, paragraph (a) introductory text is revised to 
read as follows:

Sec.  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 (a)(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 Issue 
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 Sec.  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 Sec.  92.4 of 
this subchapter.
* * * * *

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE 
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE 
VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED 
AND RESTRICTED IMPORTATIONS

    10. 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.

    11. Section Sec.  94.0 is amended by revising the definition of 
APHIS-defined EU CSF region to read as follows:

Sec.  94.0  Definitions.

* * * * *
    APHIS-defined EU CSF region. A single region of the European Union 
recognized by APHIS as low risk for classical swine fever.
    (1) A list of Member States 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 Issue 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 Member State to the region after it conducts 
an evaluation of the area to be added in accordance with Sec.  92.2 of 
this subchapter and finds that the risk profile for the Member State is 
equivalent with respect to classical swine fever to the risk profile 
for the region it is joining.
* * * * *
    12. In Sec.  94.1, paragraph (a) is revised to read as follows:

Sec.  94.1  Regions where rinderpest or foot-and-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

[[Page 31504]]

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 Issue 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 Sec.  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 
disease-free status in Sec.  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.
* * * * *

Sec.  94.2  [Amended]

    13. Section Sec.  94.2 is amended by removing the word ``infected'' 
each time it appears and adding in its place the word ``affected''.
    14. Section Sec.  94.8 is amended as follows:
    a. By redesignating paragraphs (a), (b), and (c) as paragraphs (b), 
(c), and (d), respectively.
    b. By removing the introductory text, including footnote 8, and 
adding a new paragraph (a) to read as set forth below.
    c. In redesignated paragraphs (b)(3)(i) and (b)(4) introductory 
text, by removing the citation to ``(a)(5)'' and adding in its place a 
citation to ``(b)(5)''.
    d. In redesignated paragraph (b)(5) introductory text, by 
redesignating footnote 9 as footnote 8.
    e. In redesignated paragraph (c), by removing the citation to 
'(a)(2)'' and adding in its place a citation to ``(b)(2)''.

Sec.  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 mail, fax, or email upon request to the 
Sanitary Trade Issue 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 Sec.  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 disease-free status in Sec.  92.4 of this 
subchapter.
* * * * *
    15. 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) to read as set forth below.
    c. By adding a new footnote 9 at the end of paragraph (c) 
introductory text to read as set forth below.
    d. In paragraphs (c)(1)(iii)(C)(1) and (c)(1)(iii)(C)(2), by 
removing the words ``in paragraph (a)'' and adding in their place the 
words ``under paragraph (a)''.

Sec.  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 Issue 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 Sec.  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 Sec.  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

[[Page 31505]]

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\

    \9\ 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.
* * * * *
    16. In Sec.  94.10, paragraph (a) is revised to read as follows:

Sec.  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 Issue 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 Sec.  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 Sec.  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.
* * * * *
    17. Section 94.11 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    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 Sec.  
94.1(a) as a region infected with rinderpest or foot-and-mouth 
disease'' and adding in their place the words ``designated under Sec.  
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''.
    e. In paragraph (c)(3), by removing the words ``in Sec.  
94.1(a)(2)'' and adding in their place the words ``under Sec.  
94.1(a)''.

Sec.  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 Sec.  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 Sec.  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 Sec.  94.1(a); or have a common 
land border with regions considered to be affected with rinderpest or 
foot-and-mouth disease; or import ruminants or swine from regions 
considered to be affected with rinderpest or foot-and-mouth disease 
under conditions less restrictive than would be acceptable for 
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-
and-mouth 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 Issue 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.
* * * * *
    18. Section 94.12 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    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.
    g. By revising redesignated footnote 13 in paragraph (b)(3) to read 
`` \13\ See footnote 10.''

Sec.  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 e-mail upon request to the Sanitary Trade Issue 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 Sec.  92.2 of this subchapter and finds that 
the disease is not present. In the

[[Page 31506]]

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 
Sec.  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.
* * * * *
    19. Section 94.13 is amended as follows:
    a. By redesignating paragraphs (a) and (b) as paragraphs (b) and 
(c), respectively.
    b. By designating the introductory text as paragraph (a) and 
revising newly designated paragraph (a) to read as set forth below.
    c. By revising redesignated paragraph (c)(1) to read as set forth 
below.
    d. In redesignated paragraph (c)(2), by removing the words ``in 
Sec.  94.12'' and adding in their place the words ``under Sec.  
94.12(a)''.

Sec.  94.13  Restrictions on importation of pork or pork products from 
specified regions.

    (a) The 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 Sec.  
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 e-mail upon request to the Sanitary Trade Issue 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.
* * * * *

Sec.  94.14  [Amended]

    20. In Sec.  94.14, paragraph (a) is amended by removing the words 
``listed in'' and adding in their place the words ``listed under''.
    21. Section 94.16 is amended as follows:
    a. By revising paragraph (b) introductory text to read as set forth 
below.
    b. In paragraph (b)(2), by redesignating footnote 15 as footnote 
14.
    c. By revising paragraph (c) introductory text and paragraph (d) to 
read as set forth below.

Sec.  94.16  Milk and milk products.

* * * * *
    (b) Milk and milk products originating in, or shipped from, any 
region where rinderpest or foot-and-mouth disease is considered to 
exist under Sec.  94.1(a) may be imported into the United States if 
they meet the requirements of paragraphs (b)(1), (b)(2), or (b)(3) of 
this section:
* * * * *
    (c) Milk and milk products originating in and shipped from regions 
listed under Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  94.1(a) as free of 
rinderpest and foot-and-mouth disease may be imported into the United 
States only in accordance with paragraph (b)(3) of this section.
* * * * *

Sec.  94.17  [Amended]

    22. Section 94.17 is amended as follows:
    a. Footnote 16 in paragraph (e) and footnote 17 in paragraph (p)(1) 
are redesignated as footnotes 15 and 16, respectively.
    b. Redesignated footnote 16 is revised to read `` \16\ See footnote 
15.''

Sec.  94.18  [Amended]

    23. In Sec.  94.18, footnote 18 in paragraph (c)(2) and footnote 19 
in paragraph (d)(1) are redesignated as footnotes 17 and 18, 
respectively.

Sec.  94.24  [Amended]

    24. Section Sec.  94.24 is amended as follows:
    a. In paragraphs (a)(1)(i) and (b)(2)(i), by removing the words 
``in Sec. Sec.  94.9(a) and 94.10(a) as one'' and adding in their place 
the words ``under Sec. Sec.  94.9(a) and 94.10(a) as a region''.
    b. In paragraph (a)(5), by redesignating footnote 20 as footnote 
19.
    c. In paragraph (b)(6) by redesignating footnote 21 as footnote 20.

[[Page 31507]]

    25. Section 94.25 is amended as follows:
    a. By removing the introductory text.
    b. By revising paragraph (a) to read as set forth below.
    c. In paragraph (b) introductory text, paragraph (c) introductory 
text, and paragraphs (c)(1) and (c)(5), by removing the words 
``designated in'' and by adding in their place the words ``listed 
under''.
    d. In paragraphs (b)(1), (b)(2), (b)(3), (c)(2), (c)(3), and 
(c)(4), by removing the words ``designated in Sec. Sec.  94.9 and 94.10 
as affected with CSF'' and adding in their place the words ``classified 
under Sec. Sec.  94.9 and 94.10 as a region in which CSF is known to 
exist''.

Sec.  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 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, 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 Issue 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

    26. 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.

Sec.  96.2  [Amended]

    27. Section Sec.  96.2 is amended as follows:
    a. In paragraph (a) introductory text, by removing the words ``in 
Sec.  94.8'' and adding in their place the words ``under Sec.  
94.8(a)''.
    b. In paragraph (a)(1), by removing the words ``in Sec.  94.8(a)'' 
and adding in their place the words ``under Sec.  94.8(a)''.
    c. In paragraph (a)(2), by removing the words ``in Sec.  94.8'' and 
adding in their place the words ``under Sec.  94.8(a)''.
    d. In paragraph (a)(5), by removing the words ``in Sec.  94.8'' 
each time they appear and adding in their place the words ``under Sec.  
94.8(a)''.

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

    28. 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.

Sec.  98.3  [Amended]

    29. In Sec.  98.3, the introductory text is amended by removing the 
words ``listed in Sec.  94.1(a)(2)'' and adding in their place ``listed 
under Sec.  94.1(a)''.

Sec.  98.30  [Amended]

    30. Section 98.30 is amended by removing the definition of APHIS-
defined EU CSF region.

Sec.  98.38  [Amended]

    31. Section 98.38 is amended as follows:
    a. In the introductory text, by adding the words ``, as defined in 
Sec.  94.0 of this subchapter,'' immediately after the words ``APHIS-
defined EU CSF region''.
    b. In paragraph (b)(1), by removing the words ``in Sec. Sec.  
94.9(a) and 94.10(a) of this chapter as one'' and adding in their place 
the words ``under Sec. Sec.  94.9(a) and 94.10(a) of this chapter as a 
region''.

    Done in Washington, DC, this 25th day of May 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-13504 Filed 5-31-11; 8:45 am]
BILLING CODE 3410-34-P
```