Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Proposed Rules 31499 

Category 2. Is the substance essential for organic production? 

1. Is the substance formulated or manufactured by a chemical process? 

[§ 6502(21)].

2. Is the substance formulated or manufactured by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral, sources? [§ 6502(21)].

3. Is the substance created by naturally occurring biological processes? 

[§ 6502(21)].

4. Is there a natural source of the substance? [§ 205.600(b)(1)] ................

5. Is there an organic substitute? [§ 205.600(b)(1)] ....................................

6. Is the substance essential for handling of organically produced agricultural products? [§ 205.600(b)(6)].

7. Is there a wholly natural substitute product? [§ 6517(c)(1)(A)(ii)] ...........

8. Is the substance used in handling, not synthetic, but not organically 

produced? [§ 6517(c)(1)(B)(iii)].

9. Is there any alternative substances? [§ 6518(m)(6)] ...............................

10. Is there another practice that would make the substance unnecessary? [§ 6518(m)(6)].

1 If the substance under review is for crop or livestock production, all of the questions from § 205.600(b) are N/A—not applicable. 

Category 3. Is the substance compatible with organic production practices? 

1. Is the substance compatible with organic handling? [§ 205.600(b)(2)] ...

2. Is the substance consistent with organic farming and handling? 

[§ 6517(c)(1)(A)(iii); § 6517(c)(2)(A)(ii)].

3. Is the substance compatible with a system of sustainable agriculture? 

[§ 6518(m)(7)].

4. Is the nutritional quality of the food maintained with the substance? 

[§ 205.600(b)(3)].

5. Is the primary use as a preservative? [§ 205.600(b)(4)] .........................

6. Is the primary use to recreate or improve flavors, colors, textures, or 

nutritive values lost in processing (except when required by law, e.g., 

vitamin D in milk)? [§ 205.600(b)(4)].

7. Is the substance used in production, and does it contain an active synthetic ingredient in the following categories:.

a. copper and sulfur compounds; .........................................................

b. toxins derived from bacteria; ............................................................

c. pheromones, soaps, horticultural oils, fish emulsions, treated 

seed, vitamins and minerals? 

d. livestock parasiticides and medicines? ............................................

e. production aids including netting, tree wraps and seals, insect 

traps, sticky barriers, row covers, and equipment cleaners? 

1 If the substance under review is for crop or livestock production, all of the questions from 205.600(b) are N/A—not applicable.

[FR Doc. 2011–13496 Filed 5–31–11; 8:45 am] 

BILLING CODE 3410–02–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: Proposed rule. 

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=APHIS2009-0035 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 


sroberts on DSK5SPTVN1PROD with PROPOSALS
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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 APHISdefined 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 §§ 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=APHIS2006-0074). Similarly, this proposal will 

not address the lists in § 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. 


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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. 

§ 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 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’’. 

§ 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 


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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 § 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 § 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 

(a)(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 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 § 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 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 


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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 (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 § 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. 

* * * * * 

8. In § 93.505, paragraph (b) 

introductory text is revised 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 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 § 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. 

* * * * * 

9. 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 (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 § 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–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 § 94.0 is amended by 

revising the definition of APHIS-defined 

EU CSF region to read as follows: 

§ 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 § 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 § 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 


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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 § 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] 

13. Section § 94.2 is amended by 

removing the word ‘‘infected’’ each time 

it appears and adding in its place the 

word ‘‘affected’’. 

14. Section § 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)’’. 

§ 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 § 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. 

* * * * * 

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)’’. 

§ 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 § 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 


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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. 

* * * * * 

16. 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 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 § 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. 

* * * * * 

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 § 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’’. 

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)’’. 

§ 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 

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 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.’’ 

§ 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 § 92.2 of this subchapter and finds 

that the disease is not present. In the 


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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. 

* * * * * 

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 § 94.12’’ and 

adding in their place the words ‘‘under 

§ 94.12(a)’’. 

§ 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 § 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. 

* * * * * 

§ 94.14 [Amended] 

20. In § 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. 

§ 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 § 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 § 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] 

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.’’ 

§ 94.18 [Amended] 

23. 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] 

24. 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’’ 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. 

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

footnote 21 as footnote 20. 


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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 §§ 94.9 and 94.10 

as affected with CSF’’ and adding in 

their place the words ‘‘classified under 

§§ 94.9 and 94.10 as a region in which 

CSF is known to exist’’. 

§ 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 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. 

§ 96.2 [Amended] 

27. 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)’’. 

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)’’. 

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. 

§ 98.3 [Amended] 

29. 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] 

30. Section 98.30 is amended by 

removing the definition of APHISdefined EU CSF region. 

§ 98.38 [Amended] 

31. 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’’. 

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 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 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 40 and 150 

[NRC–2009–0079] 

RIN 3150–AI50 

Domestic Licensing of Source 

Material—Amendments/Integrated 

Safety Analysis 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is correcting a 

proposed rule that was published in the 

Federal Register (FR) on May 17, 2011 

(76 FR 28336). The proposed rule 

announced the availability of a draft 

regulatory analysis for public comment. 

This document corrects the NRC’s 

Agencywide Documents Access and 

Management System (ADAMS) 

accession number that appeared in 

Section XI, ‘‘Regulatory Analysis.’’ The 

correct ADAMS accession number is 

ML102380243. 

DATES: The proposed rule published at 

76 FR 28336 is corrected as of June 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Bladey, Chief, Rules, 

Announcements, and Directives Branch, 

Office of Administration, Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–492– 

3667; e-mail: Cindy.Bladey@nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

following correction is made to FR Doc. 

2011–11927, published in the Federal 

Register on May 17, 2011, on Page 

28351, in the center column, under 

Section XI, ‘‘Regulatory Analysis,’’ third 

paragraph, seventh line; 

‘‘ML102380248’’ is corrected to read 

‘‘ML102380243.’’ 


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