43974 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.5588 hours per 

response. 

Respondents: Importers of Unshu 

oranges and the NPPO of the Republic 

of Korea. 

Estimated annual number of 

respondents: 4. 

Estimated annual number of 

responses per respondent: 8.5. 

Estimated annual number of 

responses: 34. 

Estimated total annual burden on 

respondents: 19 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we are proposing to 

amend 7 CFR part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Section 319.28 is amended by 

revising paragraph (c) to read as follows: 

§ 319.28 Notice of quarantine. 

* * * * * 

(c) Unshu oranges from the Republic 

of Korea. The prohibition does not 

apply to Unshu oranges (Citrus 

reticulata Blanco var. unshu, Swingle 

[Citrus unshiu Marcovitch, Tanaka]), 

also known as Satsuma mandarin, or the 

Unshu, sweet, and mandarin orange 

hybrids Shiranuhi [(C. reticulata ssp. 

unshiu x (C. x sinensis)) x C. reticulata] 

and Setoka [(C. reticulata ssp. unshiu x 

(C. x sinensis)) x C. reticulata] x C. 

reticulata] grown on Cheju Island, 

Republic of Korea, and imported under 

permit into any area of the United States 

except for those specified in paragraph 

(c)(4) of this section, Provided, that each 

of the following safeguards is fully 

carried out: 

(1) Before packing, the fruit shall be 

given a surface sterilization in 

accordance with part 305 of this 

chapter. 

(2) The packinghouse in which the 

surface sterilization treatment is applied 

and the fruit is packed must be 

registered with the national plant 

protection organization of the Republic 

of Korea. 

(3) The fruit must be accompanied by 

a phytosanitary certificate issued by the 

national plant protection organization of 

the Republic of Korea, which includes 

an additional declaration stating that the 

fruit was given a surface sterilization in 

accordance with 7 CFR part 305 and 

was inspected and found free of Elsinoe 

australis. 

(4) The fruit may be imported into any 

area of the United States except 

American Samoa, Hawaii, the Northern 

Mariana Islands, Puerto Rico, and the 

U.S. Virgin Islands. 

(5) The fruit must be imported in 

commercial consignments only. 

* * * * * 

Done in Washington, DC, this 23rd day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–17885 Filed 7–28–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2013–0061] 

RIN 0579–AD96 

Restrictions on the Importation of 

Fresh Pork and Pork Products From a 

Region in Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of animals and animal 

products to define a low-risk classical 

swine fever region in Mexico from 

which we would allow the importation 

of fresh pork and pork products under 

certain conditions. Under this proposed 

rule, such pork and pork products 

would have to be derived from swine 

raised on farms meeting stringent 

sanitary and biosecurity requirements. 

We would also provide safeguards 

against commingling of the swine and 

the pork and pork products with 

animals and products that do not meet 

our proposed requirements. 

Establishments that slaughter the swine 

from which the pork or pork products 

are derived would have to allow 

periodic inspection and evaluation of 

their facilities, records, and operations 

by the Animal and Plant Health 

Inspection Service. This proposed rule 

would relieve some restrictions on the 

importation of pork and pork products 

from Mexico while continuing to protect 

against the introduction of classical 

swine fever into the United States. 

DATES: We will consider all comments 

that we receive on or before September 

29, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2013–0061. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0061, Regulatory Analysis 

and Development, PPD, APHIS, Station 


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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 43975 

1The risk assessment is available on the 

Regulations.gov Web site (see ADDRESSES above) or 

by contacting the person listed in this document 

under the heading FOR FURTHER INFORMATION

CONTACT. 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS–2013–0061 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Chip Wells, Senior Staff Veterinarian, 

National Import Export Services, VS, 

APHIS, 4700 River Road Unit 38, 

Riverdale, MD 20737–1231; (301) 851– 

3317. 

SUPPLEMENTARY INFORMATION: 

Background 

The Animal and Plant Health 

Inspection Service (APHIS) of the 

United States Department of Agriculture 

(USDA) regulates the importation of 

animals and animal products into the 

United States to guard against the 

introduction of animal diseases not 

currently present or prevalent in this 

country. The regulations in 9 CFR part 

94 (referred to below as the regulations) 

prohibit or restrict the importation of 

specified animals and animal products 

to prevent the introduction into the 

United States of various animal 

diseases, including classical swine fever 

(CSF), foot-and-mouth disease (FMD), 

swine vesicular disease (SVD), and 

rinderpest. These are dangerous and 

communicable diseases of ruminants 

and swine. 

APHIS currently recognizes nine 

Mexican States as free of CSF: Baja 

California, Baja California Sur, 

Campeche, Chihuahua, Nayarit, 

Quintana Roo, Sinaloa, Sonora, and 

Yucatan. Because of the proximity of 

those nine States to CSF-affected regions 

and/or other risk factors, however, their 

pork and pork products may only be 

imported into the United States under 

the conditions specified in § 94.32. 

In November 2007, the Government of 

Mexico submitted a request to APHIS 

seeking recognition of the States of 

Aguascalientes, Colima, Guanajuato, 

Jalisco, Michoaca ́n, Quere ́taro, San Luis 

Potosı ́, and Zacatecas as CSF-free in 

order to allow for the export of fresh 

pork and pork products originating in 

those Mexican States to the United 

States. Collectively, those States are 

known as the Central Western Region 

(CWR). Mexico had declared those 

States free of CSF in July 2006 after 

conducting a CSF eradication campaign. 

In September 2008, the Government of 

Mexico expanded their request to 

include an APHIS evaluation of the 

State of Puebla, which Mexico had 

declared CSF-free in December 2006. In 

January 2009, after declaring that CSF 

had been eradicated in Mexico, the 

Government of Mexico expanded its 

request again to include all Mexican 

territory. 

In response to these requests, we have 

prepared a risk assessment that 

evaluates the risk of the spread of CSF 

to the U.S. swine population via the 

importation of pork and pork products 

from the CWR and the additional States 

included in Mexico’s market access 

request.1 APHIS technical teams made 

two site visits to the CWR, the first in 

May 2008 and the second in April 2012. 

In December 2012, APHIS conducted a 

site visit to evaluate the remaining 

unrecognized States of Mexico. 

In our risk assessment, we identified 

three risk factors that could be 

associated with the importation into the 

United States of pork and pork products 

from the States included in Mexico’s 

market request. The first of these is the 

serologic evidence, found in some 

Mexican States as recently as 2012, of 

exposure in swine to CSF virus. It has 

not been possible from the available 

data to determine whether this evidence 

of exposure results from infection or 

CSF vaccination. The second risk factor 

is the lack of uniformity in the quality 

of epidemiological investigations of CSF 

suspect cases in Mexico. The third is the 

existence of common land borders 

between some Mexican States and 

neighboring CSF-affected countries, 

raising concerns about the possibility 

that CSF could be reintroduced into 

Mexico from those neighboring 

countries. The risk assessment 

document discusses these three risk 

factors in detail. 

Because of the presence of these risk 

factors, we are unable, at this time, to 

recognize the Mexican States we 

evaluated as CSF-free. We did 

determine, however, that fresh pork and 

pork products imported from all of 

those States but one, Chiapas, would 

present a low risk of introducing CSF 

into the U.S. swine population, 

provided that certain conditions 

designed to mitigate that risk were met. 

We are therefore proposing to recognize 

a new APHIS-defined Mexican CSF 

region that would consist of all Mexican 

States except the nine States we 

currently recognize as CSF-free and the 

State of Chiapas, which we do not 

recognize as CSF-free. The nine States 

currently recognized as CSF-free would 

retain their CSF-free status and could 

continue to export live swine and pork 

and pork products to the United States, 

subject to the conditions in § 94.32. We 

would not allow pork and pork products 

to be imported into the United States 

from Chiapas, however, because we 

have determined that such imports 

would present an unacceptably high 

risk of the spread of CSF to the U.S. 

swine population. We would also 

continue to prohibit the importation of 

live swine from the APHIS-defined 

Mexican CSF region because imported 

live swine are associated with higher 

levels of CSF risk than imported pork 

and pork products. The conditions 

under which we would allow pork and 

pork products to be imported from the 

proposed APHIS-defined Mexican CSF 

region would be included in a proposed 

new § 94.34 and are discussed in detail 

below. 

We would define the APHIS-defined 

Mexican CSF region as being a single 

region of Mexico recognized by APHIS 

as low risk for classical swine fever. The 

proposed definition, which we would 

add to § 94.0, would also direct the 

reader to the APHIS Web site, where the 

list would be maintained, and to the 

mailing address to which a member of 

the public could write to obtain a copy. 

The proposed definition would further 

provide that we would add an area to 

the region after conducting an 

evaluation of that area in accordance 

with our regionalization criteria in 

§ 92.2 and determining that the CSF risk 

profile for the area to be added is 

equivalent to that of the APHIS-defined 

CSF region as a whole. 

The introductory text of proposed 

§ 94.34 would state that fresh pork or 

pork products and ship stores, airplane 

meals, and baggage containing pork or 

pork products, other than those articles 

regulated under 9 CFR parts 95 or 96, 

may not be imported into the United 

States from the APHIS-defined Mexican 

CSF region unless the requirements 

listed in the proposed new section are 

met, in addition to other applicable 

requirements of 9 CFR parts 93 and 327, 

the latter of which contains the USDA’s 

Food Safety and Inspection Service’s 

(FSIS) regulations pertaining to 

imported products. These requirements 

are modeled on the existing CSF-related 

restrictions in § 94.32 and are intended 

to prevent the introduction of CSF into 

the United States via the various 

pathways listed. 


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Proposed paragraph (a) of § 94.34 

would state that pork or pork products 

destined for export to the United States 

from the APHIS-defined Mexican CSF 

region would have to be derived from 

swine raised on farms where CSF 

antigen exposure has not been detected. 

The pork or pork products would also 

have to be derived from swine herds 

that are tested annually for CSF 

antibodies with negative results, using a 

serological testing protocol that allows 

differentiation between CSF antibodies 

and cross-reactions with antibodies to 

other pestiviruses. Sample size would 

have to be adequate to detect 5 percent 

prevalence at a 95 percent confidence 

level, and samples from the herd could 

be collected at the slaughterhouse or the 

farm. Any sick pigs showing clinical 

signs consistent with CSF would have to 

be sampled and tested immediately on 

the farm for CSF antigen. In cases of 

CSF suspicion, any freshly dead pigs or 

pigs needing to be euthanized would 

have to be necropsied on the farm, and 

complete diagnostics for CSF would 

have to be performed at an official 

diagnostic laboratory in Mexico. These 

proposed requirements are intended to 

ensure that there are adequate testing, 

surveillance, and diagnostic measures in 

place at the farms containing the swine 

from which the pork and pork products 

are derived to ensure that those swine 

have not been infected with or exposed 

to the CSF virus. 

Proposed paragraph (b) of § 94.34 

addresses sanitary and biosecurity 

requirements for the farms that raise the 

swine from which the pork and pork 

products are derived. The Administrator 

would make a determination that the 

sanitary and biosecurity measures 

employed by a farm are adequate to 

prevent the spread of CSF provided that 

the requirements listed in proposed 

paragraphs (b)(1) through (b)(9) were 

met. 

Proposed paragraph (b)(1) would state 

that the swine from which the pork or 

pork products are derived would have 

to be contained in a manner determined 

by the Administrator to be adequate to 

prevent exposure to other swine, 

wildlife, or swine products. Examples of 

acceptable means of containment would 

include perimeter fencing and gated 

driveways. This requirement would 

ensure that the swine would not be 

exposed to infection with the CSF virus 

through physical contact with animals 

or animal products that may be 

associated with a high level of CSF risk. 

Proposed paragraph (b)(2) would state 

that all vehicles entering the farm or 

transporting swine to or from it would 

have to be cleaned and disinfected in a 

manner determined by the 

Administrator to be adequate to prevent 

the spread of CSF. Such cleaning and 

disinfecting would entail the removal of 

all visible organic matter, manure, dirt, 

debris, bedding, soil, and feed, the 

subsequent drying of all surfaces, and 

the use, as specified in the 

manufacturer’s instructions, of a 

disinfecting agent that has been shown 

to deactivate the CSF virus. Vehicles 

can potentially transmit swine 

pathogens onto a farm when manure 

containing disease agents adheres to 

tires or the vehicle frame. Swine loaded 

into a contaminated vehicle for 

transport are also subject to exposure. 

The cleaning and disinfection 

requirements contained in this 

paragraph would ensure that the swine 

are protected against such exposure. 

Proposed paragraph (b)(3) would state 

that personnel entering the farm would 

have to be limited to those necessary for 

farm operations. In addition, because 

clothing, boots, and other, similar 

articles contaminated with the manure 

of sick animals could be a source of 

pathogens, farm personnel would have 

to take measures to ensure that the 

clothing, boots, and other similar 

articles worn by the personnel entering 

the farm and by visitors are not 

contaminated. The farm would also 

have to maintain a written visitors log. 

The visitors log would aid in traceback 

in the event of a CSF outbreak on the 

farm. 

Proposed paragraph (b)(4) would state 

that the farm would be required to 

prohibit farm personnel from owning or 

working with other swine or working in 

swine slaughter facilities. This 

provision would prevent the swine from 

being exposed to the CSF virus via 

contact with farm personnel who work 

in environments that do not meet our 

biosecurity standards. 

Proposed paragraph (b)(5) would state 

that records of all animal movements 

into and out of the farm, including those 

of species other than swine, would have 

to be maintained on the farm for 3 years. 

The records would have to include the 

identification of the animals moved and 

the origin and destination for each 

movement. These proposed 

recordkeeping and record maintenance 

requirements would ensure that APHIS 

would be able to access all necessary 

information to conduct an effective 

traceback investigation in the event of a 

CSF outbreak on the farm or elsewhere 

in the APHIS-defined Mexican CSF 

region. 

Proposed paragraph (b)(6) would 

prohibit the feeding of swill to swine on 

the farm, thereby eliminating another 

possible source of exposure to the CSF 

virus. 

Proposed paragraph (b)(7) would 

require the farm to maintain a pest 

control program determined by the 

Administrator to be adequate to limit 

the exposure of swine to rodent 

contamination. Rodents can carry swine 

disease agents. 

Proposed paragraph (b)(8) would 

address replacement stock, i.e., breeding 

swine that are brought onto the farm 

containing the swine from which the 

pork or pork products are derived. 

Replacement stock would have to test 

negative for CSF prior to entering the 

farm and would have to be obtained 

only from herds of equivalent sanitary 

status to the herds from which the pork 

or pork products are derived. These 

proposed requirements would prevent 

swine already on the farm from being 

exposed to CSF by replacement stock. 

Proposed paragraph (b)(9) would 

require semen donor boars to test 

negative for CSF prior to being admitted 

to a semen collection center that 

supplies semen to the farm. The 

proposed requirement would prevent 

the spread of CSF onto the farm through 

artificial insemination. 

Proposed paragraph (b) of § 94.34 

does not prescribe a specific, detailed 

method or protocol for meeting the 

above-listed requirements. Producers in 

Mexico could potentially employ any of 

a number of methods, so long as they 

lead to the desired outcome, which is to 

prevent exposure of the U.S. swine 

population to CSF via imports of pork 

and pork products from the APHISdefined low-risk region for CSF. To cite 

one example, the Biosecurity Guide for 

Pork Producers, published in the United 

States by the National Pork Board, 

includes sanitary and biosecurity 

standards that we would consider 

adequate to meet the requirements of 

paragraph (b). That document can be 

found on the Web at https://

webadmin.pork.org/filelibrary/

Biosecurity/

final%20biosecurity%20book.pdf. 

Producers in Mexico may elect to use 

standards or guidelines other than those 

set out in that National Pork Board 

publication, provided that the 

Administrator determines that those 

alternatives also are adequate to prevent 

exposure of the U.S. swine population 

to CSF. 

Proposed paragraph (c) would require 

the pork or pork products to be derived 

from swine raised on farms that have 

not been epidemiologically linked to 

CSF outbreaks and have not been 

located in a restricted zone for CSF in 

the previous 12 months. Restricted zone 

for classical swine fever is currently 

defined in § 94.0 as an area, delineated 

by the relevant competent veterinary 


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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 43977 

authorities of the region in which the 

area is located, that surrounds and 

includes the location of an outbreak of 

CSF in domestic swine or detection of 

the disease in wild boar, and from 

which the movement of domestic swine 

is prohibited. Our proposed 

requirements in paragraph (c) would 

ensure that the swine from which the 

pork and pork products are derived 

would not be raised on farms where 

there would be a high risk of CSF 

exposure due to the presence of the 

disease on the farm or the proximity of 

the farm to another that may contain 

affected swine. 

Proposed paragraph (d) would require 

the pork or pork products derived from 

swine originating in the CSF low-risk 

region to have been raised on farms that 

were inspected within the previous year 

by Mexico’s National Service of Health, 

Safety and Quality Agrofood and 

verified to be in compliance with the 

above conditions described in proposed 

paragraphs (a), (b), and (c). This 

requirement would provide APHIS with 

additional assurance that the testing, 

sanitary, and biosecurity standards for 

farms containing the swine from which 

the pork and pork products are to be 

derived are in fact being met by those 

farms. 

Proposed paragraph (e) contains 

additional requirements aimed at 

ensuring that the swine from which the 

pork and pork products are derived 

have not been exposed to CSF through 

commingling with other swine and that 

contamination does not occur at the 

slaughter plant. First, we would require 

the pork or pork products to be derived 

from swine that were born, raised, and 

have lived only in the United States or 

in a region we recognize as CSF-free or 

low-risk for CSF. Second, we would also 

require that such swine be slaughtered 

in such a region at a federally inspected 

slaughter plant that is under the direct 

supervision of a full-time salaried 

veterinarian of the national government 

of that region and that is eligible to have 

its products imported into the United 

States under the Federal Meat 

Inspection Act (21 U.S.C. 601 et seq.) 

and the FSIS regulations in 9 CFR 327.2. 

Third, the slaughtering establishment 

would have to allow APHIS to 

periodically evaluate and inspect its 

facilities, records, and operations. That 

requirement would apply to any 

slaughtering establishment exporting 

pork or pork products to the United 

States in accordance with proposed 

§ 94.34, regardless of whether the 

establishment is located in a CSF-free or 

low-risk region. U.S. plants that 

slaughter swine and ship pork to 

Mexico for further processing before the 

pork returns to the United States would 

not be affected by these proposed 

requirements. 

Proposed paragraph (f) would provide 

additional protection against 

contamination through commingling by 

requiring the pork or pork products to 

be derived from swine that have not 

been commingled with swine 

originating from herds in the low-risk 

region that do not meet the sanitary 

standards contained in proposed 

§ 94.34. 

Proposed paragraphs (g), (h), and (i) 

provide safeguards against the exposure 

of the pork and pork products 

themselves to the CSF virus by means 

of commingling with contaminated 

products or affected swine. Proposed 

paragraph (g) would require that the 

pork or pork products not have contact 

with pork or pork products that have 

been in a region, other than the United 

States, that is not classified as CSF-free 

or low-risk for CSF. Proposed paragraph 

(h) would require the pork or pork 

products not to have had contact with 

pork or pork products derived from 

swine originating from herds in the lowrisk region not reared under the sanitary 

standards contained in proposed 

§ 94.34. Proposed paragraph (i) would 

prohibit the transiting of the pork or 

pork products through a region, other 

than the United States, that we do not 

recognize as CSF-free or low-risk for 

CSF unless moved directly through the 

region to their destination in a sealed 

means of conveyance with the seal 

intact upon arrival at the point of 

destination. 

Proposed paragraph (j) would require 

that processed pork or pork products 

would have to be processed in a region 

classified as CSF-free or low-risk for 

CSF in a federally inspected processing 

plant that is under the direct 

supervision of a full-time salaried 

veterinary official of the national 

government of that region. As is the case 

with slaughtering establishments, any 

processing establishment that processes 

pork or pork products for export to the 

United States under proposed § 94.34 

would have to allow APHIS to 

periodically evaluate and inspect its 

facilities, records, and operations. These 

requirements would help to prevent the 

pork and pork products from possible 

exposure to the CSF virus during 

processing and would also allow APHIS 

to verify that the processing facility is 

meeting our standards. 

Proposed paragraph (k) would require 

the pork or pork products to be 

accompanied by a certificate issued by 

a full-time salaried veterinary officer of 

the Government of Mexico. Upon arrival 

of the pork or pork products in the 

United States, the certificate would have 

to be presented to an authorized 

inspector at the port of arrival. The 

certificate would have to identify the 

exporting region of the pork or pork 

products as being part of the APHISdefined Mexican CSF region as listed 

under § 94.34 at the time the pork or 

pork products were in the region and 

would have to state that all applicable 

provisions of § 94.34 have been met. 

Requiring this certification from the 

Government of Mexico would provide 

us with verification that that the pork 

and pork products are in fact being 

exported to the United States in 

accordance with our proposed 

requirements. 

Miscellaneous 

The proposed addition of the APHISdefined low-risk CSF region in Mexico 

would necessitate some, mostly minor, 

changes to §§ 94.9 and 94.10, which 

contain, respectively, requirements for 

the importation of pork and pork 

products and live swine from regions 

where CSF exists, and § 94.15, which 

pertains to the movement and handling 

of certain animal products and materials 

transiting the United States. In § 94.9, 

paragraphs (b) and (c), respectively, 

refer to the APHIS-defined CSF low-risk 

region in the European Union. We 

would amend those two paragraphs so 

that they would refer to the newly 

defined CSF low-risk region in Mexico, 

as well as the one in the European 

Union. We would also amend § 94.10(b) 

to add a reference to the APHIS-defined 

CSF low-risk region in Mexico. Current 

§ 94.15(b) contains requirements for the 

transit through the United States of pork 

and pork products that originate in the 

nine Mexican States that we currently 

recognize as CSF-free but do not meet 

the requirements for entry contained in 

§ 94.32. Under this rulemaking, the 

same requirements would apply to pork 

and pork products that originate in the 

CSF low-risk region of Mexico and 

transit the United States. We would, 

therefore, amend the introductory text 

of § 94.15(b) and paragraph (b)(2) by 

removing the lists of the nine CSF-free 

States from both paragraphs. The 

revised paragraphs would indicate that 

the requirements contained therein 

would apply to pork and pork products 

originating in any region of Mexico, 

except the State of Chiapas, that are 

transiting the United States. Pork and 

pork products from Chiapas would not 

be allowed to transit the United States 

due to the unacceptable risks associated 

with such shipments. 

Finally, we would also make some 

editorial changes to § 94.15(b)(1), 

updating the mailing address that may 


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43978 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 

be used to obtain a permit application 

and adding a Web address from which 

permit applications could be obtained 

electronically. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under Executive Order 12866. The 

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 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this proposed rule 

on small entities. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

Based on the information we have, 

there is no reason to conclude that 

adoption of this proposed rule would 

result in any significant economic effect 

on a substantial number of small 

entities. However, we do not currently 

have all of the data necessary for a 

comprehensive analysis of the effects of 

this proposed rule on small entities. 

Therefore, we are inviting comments on 

potential effects. In particular, we are 

interested in determining the number 

and kind of small entities that may 

incur benefits or costs from the 

implementation of this proposed rule. 

We are proposing to amend the 

regulations governing the importation of 

animals and animal products to define 

a low-risk classical swine fever region in 

Mexico, from which we would allow the 

importation of fresh pork and pork 

products under certain conditions. 

We do not have information on how 

the proposed rule may affect Mexico’s 

capacity to produce pork and pork 

products considered free of CSF (as well 

as meet all other U.S. import 

requirements). Therefore, we are not 

able to estimate the extent to which the 

proposed rule may affect the volume of 

pork and pork products exported by 

Mexico to the United States. 

As a next-best approach for 

considering possible impacts of the rule, 

we can look at the relative significance 

of current levels of pork and pork 

product imports from Mexico. The 

annual value of U.S. production of pork 

and pork products for the 3 years from 

2010 through 2012 averaged nearly 

$15.86 billion. Over the same 3-year 

period, the value of U.S. exports of pork 

and pork products averaged about $4.35 

billion, and the average annual value of 

imports was about $0.96 billion. Annual 

U.S. domestic supply of pork and pork 

products (production minus exports 

plus imports) for the 3 years had a total 

value of about $12.47 billion. The 

annual value of U.S. imports of pork 

and pork products from Mexico over the 

3 years from 2010 through 2012 

averaged about $31 million, or less than 

0.3 percent of U.S. domestic supply. 

Thus, even in the event that U.S. 

imports of pork and pork products from 

Mexico were to triple because of the 

proposed changes, they would still 

comprise less than 1 percent of the U.S. 

market for these commodities. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the importation 

of pork and pork products from the 

APHIS-defined CSF low-risk region in 

Mexico, we have prepared an 

environmental assessment. The 

environmental assessment was prepared 

in accordance with: (1) The National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

The environmental assessment may 

be viewed on the Regulations.gov Web 

site or in our reading room. (A link to 

Regulations.gov and information on the 

location and hours of the reading room 

are provided under the heading 

ADDRESSES at the beginning of this 

proposed rule.) In addition, copies may 

be obtained by calling or writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this proposed 

rule have been submitted for approval to 

the Office of Management and Budget 

(OMB). Please send written comments 

to the Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503. Please state that your comments 

refer to Docket No. APHIS–2013–0061. 

Please send a copy of your comments to: 

(1) APHIS, using one of the methods 

described under ADDRESSES at the 

beginning of this document, and (2) 

Clearance Officer, OCIO, USDA, room 

404–W, 14th Street and Independence 

Avenue SW., Washington, DC 20250. A 

comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

proposed rule. 

This proposed rule would define a 

low-risk CSF region in Mexico from 

which we would allow the importation 

of fresh pork and pork products under 

certain conditions. The requirements 

contained in this proposed rule would 

entail the following information 

collection activities: 

• Maintenance of a visitors log to 

ensure personnel entering farms are 

those necessary for farm operations. 

• Maintenance of all records of all 

animal movements into and out of the 

farm, including those of species other 

than swine, for 3 years. 

• Certification from a full-time 

salaried veterinary officer of Mexico. 

Upon arrival of the pork or pork 

products in the United States, the 

certificate would have to be presented to 

an authorized inspector at the port of 

arrival. The certificate would have to 

identify the exporting region of the pork 

or pork products as being part of the 

APHIS-defined Mexican CSF region at 

the time the pork or pork products were 

in the region and would have to state 

that all applicable provisions of § 94.34 

have been met. 

• Use of the United States Veterinary 

Permit for Importation and 

Transportation of Controlled Materials 

and Organisms and Vectors (VS Form 

16–3). 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 


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(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 1 hour per 

response. 

Respondents: Exporters and full-time, 

salaried veterinary officers employed by 

the Government of Mexico. 

Estimated annual number of 

respondents: 6. 

Estimated annual number of 

responses per respondent: 246. 

Estimated annual number of 

responses: 1,483. 

Estimated total annual burden on 

respondents: 1,489 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects in 9 CFR Part 94 

Animal diseases, Imports, Livestock, 

Meat and meat products, Milk, Poultry 

and poultry products, Reporting and 

recordkeeping requirements. 

Accordingly, we propose to amend 9 

CFR part 94 as follows: 

PART 94—RINDERPEST, FOOT–AND– 

MOUTH DISEASE, NEWCASTLE 

DISEASE, HIGHLY PATHOGENIC 

AVIAN INFLUENZA, AFRICAN SWINE 

FEVER, CLASSICAL SWINE FEVER, 

SWINE VESICULAR DISEASE, AND 

BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS 

■ 1. 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. 

■ 2. Section 94.0 is amended by adding 

a definition of APHIS-defined Mexican 

CSF region in alphabetical order to read 

as follows: 

§ 94.0 Definitions. 

* * * * * 

APHIS-defined Mexican CSF region. 

A single region of Mexico recognized by 

APHIS as low risk for classical swine 

fever. 

(1) A list of areas included in the 

region is maintained on the APHIS Web 

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

import_export/animals/animal_disease_

status.shtml. Copies of the list will also 

be available via postal mail, fax, or 

email upon request to Regional 

Evaluation Services, National Import 

Export Services, Veterinary Services, 

Animal and Plant Health Inspection 

Service, 4700 River Road Unit 38, 

Riverdale, Maryland 20737. 

(2) APHIS will add an area to the 

region after it conducts an evaluation of 

the area to be added in accordance with 

§ 92.2 of this subchapter and finds that 

the risk profile for the area is equivalent 

with respect to classical swine fever to 

the risk profile for the region it is 

joining. 

* * * * * 

■ 3. Section 94.9 is amended as follows: 

■ a. By revising paragraph (b); and 

■ b. In paragraph (c) introductory text, 

by adding the words ‘‘and § 94.34 for 

the APHIS-defined Mexican CSF 

region’’ after the words ‘‘APHIS-defined 

European CSF region’’. 

The revision reads as follows: 

§ 94.9 Pork and pork products from 

regions where classical swine fever exists. 

* * * * * 

(b) The APHIS-defined European and 

Mexican CSF regions are regions of low 

risk for CSF. 

* * * * * 

■ 4. Section 94.10 is amended by 

revising paragraph (b) to read as follows: 

§ 94.10 Swine from regions where 

classical swine fever exists. 

* * * * * 

(b) The APHIS-defined European and 

Mexican CSF regions are regions of lowrisk for CSF. 

* * * * * 

■ 5. Section 94.15 is amended by 

revising paragraph (b) introductory text 

and paragraphs (b)(1) and (2) to read as 

follows: 

§ 94.15 Animal products and materials; 

movement and handling. 

* * * * * 

(b) Pork and pork products from all 

regions of Mexico, except the State of 

Chiapas, that are not eligible for entry 

into the United States in accordance 

with this part may transit the United 

States via land border ports for 

immediate export if the following 

conditions are met: 

(1) The person desiring to move the 

pork and pork products through the 

United States obtains a United States 

Veterinary Permit for Importation and 

Transportation of Controlled Materials 

and Organisms and Vectors (VS Form 

16–3). (An application for the permit 

may be obtained from the Animal and 

Plant Health Inspection Service, 

Veterinary Services, National Import 

Export Services, 4700 River Road Unit 

38, Riverdale, Maryland 20737–1231 or 

on our Web site at http://

www.aphis.usda.gov/import_export/

animals/animal_import/animal_

imports.shtml.) 

(2) The pork or pork products are 

packaged at a Tipo Inspeccio ́n Federal 

plant in any region of Mexico, except 

the State of Chiapas, in leakproof 

containers and sealed with serially 

numbered seals of the Government of 

Mexico, and the containers remain 

sealed during the entire time they are in 

transit across Mexico and the United 

States. 

* * * * * 

■ 6. Section 94.34 is added to read as 

follows: 

§ 94.34 Restrictions on the importation of 

fresh pork and pork products from the 

APHIS-defined Mexican CSF region. 

Fresh 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 subchapter, may not 

be imported into the United States from 

the APHIS-defined Mexican CSF region 

unless the requirements in this section, 

in addition to other applicable 

requirements of part 93 of this 

subchapter and part 327 of this title, are 

met. 


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(a) The pork or pork products must be 

derived from swine raised on farms 

where CSF antigen exposure has not 

been detected. Fresh pork or pork 

products destined for export to the 

United States must be derived from 

swine herds that are tested annually for 

CSF antibodies with negative results, 

using a serological testing protocol that 

allows differentiation between CSF 

antibodies and cross-reactions with 

antibodies to other pestiviruses. Sample 

size must be adequate to detect 5 

percent prevalence at a 95 percent 

confidence level, and samples from the 

herd may be collected at the 

slaughterhouse or the farm. Any sick 

pigs showing clinical signs consistent 

with CSF must be sampled and tested 

immediately on the farm for CSF 

antigen. In cases of CSF suspicion, any 

freshly dead pigs or pigs needing to be 

euthanized must be necropsied on the 

farm, and complete diagnostics for CSF 

must be performed at an official 

diagnostic laboratory in Mexico. 

(b) The pork or pork products must be 

derived from swine raised on farms 

operating under sanitary and biosecurity 

measures determined by the 

Administrator to be adequate to prevent 

exposure of the swine population to 

CSF virus. All of the following 

conditions must be met: 

(1) The swine from which the pork or 

pork products are derived must be 

contained in a manner determined by 

the Administrator to be adequate to 

prevent exposure to other swine, 

wildlife, or swine products. Such 

containment measures may include, but 

are not limited to, perimeter fencing and 

gated driveways. 

(2) All vehicles entering the farm or 

transporting swine must be cleaned and 

disinfected in a manner determined by 

the Administrator to be adequate to 

prevent the spread of CSF by means of 

contamination of the vehicles with CSF 

virus. All visible organic matter, 

manure, dirt, debris, bedding, soil, and 

feed must be removed, and all surfaces 

dried. Disinfection must be conducted, 

in accordance with the manufacturer’s 

instructions, utilizing an agent that has 

been shown to deactivate the CSF virus. 

(3) Personnel entering the farm must 

be limited to those necessary for farm 

operations, and farm personnel must 

take measures to ensure that personnel 

entering the farm and visitors avoid 

exposing swine on the farm to clothing, 

boots, and other similar articles 

contaminated with the CSF virus. A 

written visitors log must be maintained. 

(4) The farm must prohibit farm 

personnel from owning or working with 

other swine and from working in swine 

slaughter facilities. 

(5) Records of all animal movements 

into and out of the farm, including those 

of species other than swine, must be 

maintained on the farm for a period of 

3 years. The records must include the 

identification of the animals moved and 

the origin and destination for each 

movement. 

(6) The feeding of swill to swine on 

the farm is prohibited. 

(7) A pest control program determined 

by the Administrator to be adequate to 

limit exposure of swine to rodent 

contamination is maintained on the 

farm. 

(8) Replacement stock must: 

(i) Test negative for CSF prior to being 

admitted to the farm; and 

(ii) Be obtained only from herds of 

equivalent sanitary status to the herds 

from which the pork or pork products 

are derived. 

(9) Semen donor boars must test 

negative for CSF prior to being admitted 

to a semen collection center in Mexico 

that supplies semen to the farm. 

(c) The pork or pork products were 

derived from swine raised on farms that 

have not been epidemiologically linked 

to CSF outbreaks and have not been 

located in a restricted zone for CSF in 

the previous 12 months. 

(d) The pork or pork products derived 

from swine originating in the CSF lowrisk region were raised on farms that 

were inspected within the previous year 

by Mexico’s National Service of Health, 

Safety and Quality Agrofood 

(SENASICA) and verified to be in 

compliance with the above conditions 

described in paragraphs (a), (b), and (c) 

of this section. 

(e) The pork or pork products were 

derived from swine that were born, 

raised, and have lived only in the 

United States or in a region classified as 

CSF-free or low-risk for CSF, and were 

slaughtered in such a region at a 

federally inspected slaughter plant that 

is under the direct supervision of a fulltime salaried veterinarian of the 

national government of that region and 

that is eligible to have its products 

imported into the United States under 

the Federal Meat Inspection Act (21 

U.S.C. 601 et seq.) and the regulations 

in § 327.2 of this title. Any slaughtering 

establishment exporting pork or pork 

products under the provisions of this 

section must allow APHIS to 

periodically evaluate and inspect its 

facilities, records, and operations. 

(f) The pork or pork products were 

derived from swine that have not been 

commingled with swine originating 

from herds in the CSF low-risk region 

that do not meet the sanitary standards 

contained in this section. 

(g) The pork or pork products have 

not been in contact with pork or pork 

products that have been in a region, 

other than the United States, that is not 

classified as CSF-free or low-risk for 

CSF. 

(h) The pork or pork products have 

not been in contact with pork or pork 

products derived from swine originating 

from herds in the CSF low-risk region 

that were not reared under the sanitary 

standards contained in this section. 

(i) The pork or pork products have not 

transited through a region, other than 

the United States, that is not classified 

as CSF-free or low-risk for CSF unless 

moved directly through the region to 

their destination in a sealed means of 

conveyance with the seal intact upon 

arrival at the point of destination. 

(j) If processed, the pork or pork 

products were processed in a region 

classified as CSF-free or low-risk for 

CSF in a federally inspected processing 

plant that is under the direct 

supervision of a full-time salaried 

veterinary official of the national 

government of that region. Any 

processing establishment that processes 

pork or pork products for export to the 

United States under the provisions of 

this section must allow APHIS to 

periodically evaluate and inspect its 

facilities, records, and operations. 

(k) The pork or pork products must be 

accompanied by a certification issued 

by a full-time salaried veterinary officer 

of the Government of Mexico. Upon 

arrival of the pork or pork products in 

the United States, the certification must 

be presented to an authorized inspector 

at the port of arrival. The certification 

must identify the exporting region of the 

pork or pork products as being part of 

the APHIS-defined Mexican CSF region 

at the time the pork or pork products 

were in the region and must state that 

the applicable provisions of this section 

have been met. 

Done in Washington, DC, this 23rd day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–17886 Filed 7–28–14; 8:45 am] 

BILLING CODE 3410–34–P 


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