6040 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

the insured crop is evident prior to the

time that you request the increase.

* * * * *

8. Insurance Period.

* * * * *

(c) For each subsequent crop year that

the policy remains continuously in

force, coverage begins on the day

immediately following the end of the

insurance period for the prior crop year.

Policy cancellation that results solely

from transferring to a different

insurance provider for a subsequent

crop year will not be considered a break

in continuous coverage.

(d) If your stonefruit policy is

canceled or terminated for any crop

year, in accordance with the terms of

the policy, after insurance attached for

that crop year, insurance will not be

considered to have attached for that

crop year and no premium,

administrative fee, or indemnity will be

due for such crop year.

* * * * *

Signed in Washington, D.C., on January 28,

2000.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 00–2620 Filed 2–7–00; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 98–094–1]

Poultry Products From Mexico

Transiting the United States

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to allow

poultry carcasses, parts, and products

(except eggs and egg products) that are

not eligible for entry into the United

States to move through the United

States via land ports from Mexican

States that Mexico considers to be free

of exotic Newcastle disease (END),

under certain conditions, for export to

another country. We believe such intransit movements would present a

negligible risk of introducing END into

the United States. This action would

relieve restrictions on trade while

continuing to provide protection against

the introduction of END into the United

States.

DATES: We invite you to comment on

this docket. We will consider all

comments that we receive by April 10,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 98–094–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238. Please state that your

comment refers to Docket No. 98–094–

1.

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 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.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS rules, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael David, Senior Staff

Veterinarian, Animals Program,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 39,

Riverdale, MD 20737; (301) 734–8364.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals and animal products

into the United States to prevent the

introduction of certain animal diseases.

The regulations in § 94.6 govern, among

other things, the importation of poultry

carcasses, parts, products, and eggs

(other than hatching eggs) from regions

where exotic Newcastle disease (END)

or Salmonella enteritidis, phage-type 4,

is considered to exist. Because END

exists in certain parts of Mexico, Mexico

is characterized, under § 94.6(a), as a

region where END is considered to exist.

Further, under the regulations in

§ 94.6(b), Mexico is also characterized as

a region where S. enteritidis, phage-type

4, is considered to exist.

Under the regulations, poultry

carcasses, and parts and products of

poultry carcasses may be imported into

the United States from Mexico only if

they have been cooked or are consigned

directly to an approved establishment in

the United States. Poultry eggs (other

than hatching eggs) from Mexico may be

imported into the United States only if:

(1) They are accompanied by a health

certificate regarding the flock of origin

and meet certain other conditions; (2)

they are consigned directly to an

approved establishment for breaking

and pasteurization; (3) they are

imported under permit for scientific,

educational, or research purposes; or (4)

they are imported under permit and

have been cooked or processed or will

be handled in a manner that prevents

the introduction of END and S.

enteritidis into the United States.

Further, poultry carcasses, parts,

products, and eggs (other than hatching

eggs) that do not qualify for entry into

the United States under one of these

conditions may transit the United States

via air and sea ports under the

conditions contained in § 94.15(d).

Mexico’s Director of Animal Health

has requested that we allow poultry

carcasses, parts, and products from the

Mexican States that Mexico considers

free of END to transit the United States

via land border ports for export to

another country. Currently, Mexico

recognizes the States of Baja California,

Baja California Sur, Campeche,

Chihuahua, Coahuila, Durango, Nuevo

Leon, Quintana Roo, Sinaloa, Sonora,

Tamaulipas, and Yucatan as free of

END.

In response, officials of the Animal

and Plant Health Inspection Service

(APHIS) have met with representatives

from Mexico knowledgeable in disease

prevention, epidemiology, and

diagnostic methods. The APHIS officials

reviewed the information supplied by

these representatives (discussed below)

and found two factors contributing to

the 12 States’ apparent successes in

remaining free of END: The States’

locations and relative isolation from

States or countries where END is

considered to exist, and controls by

Mexico’s Division of Animal Health on

the movement of poultry and eggs into

and through the END-free States. Based

on this review, the APHIS officials

recommended granting Mexico’s

request. However, because the term

‘‘poultry carcasses, parts, and products’’

might be construed to include eggs and

egg products, we wish to make it clear

that because Mexico is characterized as

a region where S. enteritidis, phage-type

4, is considered to exist, eggs (other than

hatching eggs) and egg products are only

allowed to transit the United States via

air and sea ports under the conditions

currently contained in § 94.15(d). We

are not proposing to amend the

regulations concerning the transit of

eggs or egg products from Mexico in this

document.

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6041

General Information

The table below shows the year of the

last outbreak of END in each State and

the year Mexico officially declared each

State free of END. As shown in the table,

none of the States listed has had an

outbreak of END in the last 8 years.

Mexican State

Year

of

last

outbreak

of END

Year

declared

free of END

Baja California .. 1982 1995

Baja California

Sur ................. * N/A 1995

Campeche ........ * N/A 1997

Chihuahua ........ * N/A 1995

Coahuila ............ 1987 1997

Durango ............ 1991 1995

Nuevo Leon ...... 1983 1995

Quintana Roo ... 1990 1997

Sinaloa .............. 1989 1993

Sonora .............. 1989 1993

Tamaulipas ....... 1989 1997

Yucatan ............. 1984 1996

*Never reported.

Geographically, the 12 States compose

two contiguous areas in Mexico. The

States of Yucatan, Campeche, and

Quintana Roo are located on the

Yucatan Peninsula. They are bordered

by only one Mexican State, Tabasco,

and two countries, Guatemala and

Belize, not considered free of END.

Yucatan, Campeche, and Quintana Roo

maintain active border surveillance,

ensuring that no poultry from Tabasco,

Guatemala, and Quintana Roo enters

without proper documentation, as

explained below.

The remaining nine States considered

by Mexico to be free of END—Baja

California, Baja California Sur,

Chihuahua, Coahuila, Durango, Nuevo

Leon, Sinaloa, Sonora, and

Tamaulipas—are contiguously located

in northern Mexico, along the U.S.

border and south into north-central

Mexico. These States are bordered to the

south by States not considered free of

END, but, like the Yucatan Peninsula

States, they maintain active border

surveillance to ensure the safety of their

poultry from END.

Of the 12 States that would be eligible

to transit poultry carcasses, parts, and

products (except eggs and egg products)

through the United States via land ports

under this proposed rule, Nuevo Leon

had the highest volume of poultry

production in 1997 (120,000 metric

tons, or less than one-tenth of one

percent of Mexico’s total poultry

production for that year). Following

Nuevo Leon were Durango and

Coahuila, with a combined total of

150,000 metric tons, and Yucatan with

60,000 metric tons. The other 8 States

produced less than 60,000 metric tons of

poultry each.

Poultry carcasses, parts, and products

from Mexico that would be eligible to

transit the United States via land border

ports under this proposed rule must be

processed and packaged in Tipo

Inspeccio ́n Federal (TIF) plants. TIF

plants are facilities that are approved by

the Government of Mexico and that are

subject to strict Federal supervision to

ensure that international health

standards are maintained. A TIF plant

may be a slaughter facility, a processing

plant, or a combination of the two. The

number of TIF plants in each of the 12

Mexican States is shown in the table

below. Data is not available on the exact

number of nonslaughter TIF plants that

process poultry. The number of TIF

plants listed in the ‘‘Industrial plant’’

column below includes pork, beef, and

poultry processing plants.

Mexican State

Number of

TIF Plants

Slaughtering

Poultry

Number of

‘‘Industrial’’

TIF plants

Baja California 0 1

Baja California

Sur ............... 0 0

Campeche ...... 0 0

Chihuahua ...... 0 5

Coahuila .......... 0 3

Durango .......... 1 0

Nuevo Leon .... 1 11

Quintana Roo 0 0

Sinaloa ............ 1 2

Sonora ............ 2 1

Tamaulipas ..... 0 0

Yucatan ........... 1 1

As required by the Government of

Mexico, the 12 States that are subject to

this proposed rule may import live

poultry only from other END-free States

and countries. The Government of

Mexico requires shipments of poultry

from END-free countries to be

accompanied by a certificate of origin

issued by that country’s veterinary

authorities and by a certificate of import

issued by Mexico’s veterinary

authorities. States recognized by Mexico

as free of END also require and issue

their own permits and health

certificates, further ensuring that the

products originate in an END-free

region. In addition, live poultry and

poultry carcasses, parts, or products

imported into these END-free States

must be shipped in sealed trucks, and

all shipments are inspected at

inspection stations located either on

State lines or at international ports of

entry.

The Government of Mexico also

requires that any poultry carcasses,

parts, or products that are shipped for

processing to an END-free State from a

region where END is believed to exist

arrive at TIF processing plants in sealed,

numbered containers. The seals must

show no evidence of tampering, and the

shipment must be accompanied by a

certificate signed by an authorized

official in the region of origin. Once

they arrive at the TIF plant in an ENDfree State, such poultry carcasses, parts,

or products are not allowed to come in

contact with poultry that is eligible for

importation into the United States in

accordance with the regulations

contained in 9 CFR part 94 to ensure

that no comminglement occurs. The

poultry carcasses, parts, or products

must be immediately cooked to

eliminate any risk of disseminating

END.

Conditions for Movement Through the

United States

Under this proposed rule, the

following conditions would apply to the

in-transit movement of poultry

carcasses, parts, and products (except

eggs and egg products) from Baja

California, Baja California Sur,

Campeche, Chihuahua, Coahuila,

Durango, Nuevo Leon, Quintana Roo,

Sinaloa, Sonora, Tamaulipas, and

Yucatan:

1. Any person wishing to move

poultry carcasses, parts, or products

from Baja California, Baja California

Sur, Campeche, Chihuahua, Coahuila,

Durango, Nuevo Leon, Quintana Roo,

Sinaloa, Sonora, Tamaulipas, and

Yucatan through the United States via

land ports for export must first obtain a

permit from APHIS. The application for

the permit would tell APHIS how much

and what type of poultry carcasses,

parts, or products would be transported;

when they would be transported; the

method and route of shipment; and who

would be involved in the transportation.

2. The poultry carcasses, parts, or

products must be packaged prior to

movement from the TIF plant in

leakproof containers sealed with serially

numbered seals approved by APHIS.

The containers must remain sealed at all

times while transiting Mexico and the

United States.

3. The person moving the poultry

carcasses, parts, or products through the

United States via land ports must

inform the APHIS officer at the U.S. port

of arrival, in writing, of the following

information before the poultry

carcasses, parts, or products arrive in

the United States: The time and date

that the poultry carcasses, parts, or

products are expected at the port of

arrival in the United States, the time

schedule and route of the shipments

through the United States, the permit

6042 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

number, and the serial numbers of the

seals on the containers.

4. The poultry carcasses, parts, or

products must transit the United States

under Customs bond.

5. The poultry carcasses, parts, or

products must be exported from the

United States within the time period

specified on the permit.

Any poultry carcasses, parts, or

products exceeding the time limit

specified on the permit or transiting in

violation of any of the requirements of

the permit or the regulations may be

destroyed or otherwise disposed of at

the discretion of the Administrator,

APHIS, pursuant to section 2 of the Act

of February 2, 1903, as amended (21

U.S.C. 111).

These safeguards are intended to

prevent tampering with the shipments,

ensure that the shipments actually leave

the United States, and otherwise ensure

that the shipments do not present a

significant risk of introducing END into

the United States.

Under these circumstances—the low

risk associated with the poultry

carcasses, parts, and products coupled

with the safeguards for in-transit

shipments—we believe that there would

be little, if any, risk of introducing END

into the United States as a result of this

proposed rule. Therefore, we are

proposing to amend § 94.15 to allow

poultry carcasses, parts, and products

(except eggs and egg products) that do

not meet the requirements in § 94.6 for

entry into the United States and that

originate in one of the Mexican States

listed above to transit the United States

via land ports for export to another

country.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The 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.

Currently, the regulations in 9 CFR

part 94 prohibit or restrict the

importation of certain animals or animal

products into the United States to

prevent the introduction of certain

animal diseases. Under the regulations,

poultry carcasses, parts, and products

from Mexico must meet the

requirements of § 94.6 to be imported

into the United States because exotic

Newcastle disease (END) is considered

to exist in certain areas in Mexico.

However, under § 94.15, certain

products that are not eligible for entry

into the United States in accordance

with the regulations in 9 CFR part 94

may transit the United States for

immediate export if certain conditions

are met. Currently § 94.15(b) covers only

pork and pork products from

Chihuahua, Baja California, Sonora, or

Yucatan, Mexico, and 94.15(d) allows

the transit via air and sea ports of all

meat and animal products not otherwise

eligible for entry into the United States.

In this document, we are proposing to

allow poultry carcasses, parts, and

products (except eggs and egg products)

that are not eligible for entry into the

United States under § 94.6 to move via

land ports through the United States

from 12 Mexican States, under certain

conditions, for export to another

country. These 12 States have been

officially declared by the Government of

Mexico to be free of END.

An APHIS review of the END

situation in those States has revealed

that, if proper risk management

techniques continue to be applied in

Mexico, and if accident and exposure

are minimized by proper handling

during transport, there would be a

negligible risk that END could be

disseminated into the United States as

a result of this proposal.

The proposed regulations would have

no direct effect on U.S. producers and

consumers of poultry because Mexican

poultry would only transit the United

States en route to other countries and

would not enter U.S. marketing

channels. Neither the quantity or price

of poultry traded in U.S. domestic

markets nor U.S. consumer or producer

surplus would be affected by the

proposed rule.

A benefit of allowing Mexican poultry

to transit the United States for export is

that U.S. companies would ship the

poultry from U.S. receiving centers in

the border States of California, Arizona,

and Texas to export points. Current

Department of Transportation

regulations restrict trucks from Mexico

from proceeding into the United States

due to safety restrictions. However, any

economic activity that would result

from this proposal is dependent on the

volume of poultry shipped from Mexico

for export to other countries. Given

Mexico’s low volume of poultry and

poultry product exports, few shipments

of poultry are likely to transit the United

States to other countries under this

proposal, and benefits to U.S. carriers

and shippers are likely to be very small.

Potential losses from disease

outbreaks are not quantified because

APHIS judges the likelihood of

outbreaks (which could result from a

combination of factors such as the

presence of the disease in Mexico,

failure of the preclearance program,

accidental openings while in transit, or

exposure after an accidental opening of

a shipment) to be negligible.

Mexican Poultry Production and

Exports

Since 1990, poultry meat production

in Mexico has grown 5 percent annually

to reach 1.7 million metric tons in 1998.

However, nearly all of the poultry meat

produced in Mexico is consumed

domestically. For example, in 1997,

Mexico produced 1.5 million metric

tons of poultry, but exported only 5,000

metric tons of that total. Therefore, we

anticipate that the volume of poultry

that would transit the United States

under this proposal would be very

small.

Effects on Small Trucking Companies

This proposed rule, if implemented,

could directly affect U.S. trucking

companies operating in the border

States of California, Arizona, and Texas.

Small Business Administration (SBA)

data show that there are approximately

18,000 trucking companies operating in

those States, and over 96 percent of

those companies are small entities.

However, it is unclear how many of

those companies would be affected by

this proposal.

At present, freight arriving in the

Customs territory of the United States

by truck from Mexico has to be

delivered to customers within the

commercial zone of the U.S. cities along

the border or else transferred to a U.S.

trucking or other shipping company

within that zone. U.S. trucking

companies would benefit from

transporting Mexican poultry from U.S.

land border ports to U.S. maritime ports.

However, given the anticipated low

volume of Mexican exports, this

proposed rule would likely not have a

significant economic effect on a

substantial number of small trucking

companies.

Effects on Small Railroad Companies

This proposed rule, if implemented,

could also affect four U.S. railroad

companies that currently transport

goods across the U.S.-Mexico border.

Two of these railroad companies meet

SBA criteria for small entities (fewer

than 1,500 employees). Any economic

effects on railroad companies, whether

small or large, would likely be positive,

but such effects are anticipated to be

insignificant, given the expected small

volume of Mexican exports.

Effects on U.S. Poultry Exporters

This proposal could also affect U.S.

poultry exporters. Historical data on

shipments of Mexican poultry suggest

that the poultry would be shipped to

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6043

either Japan or the Middle East; but,

once again, given the anticipated low

volume of Mexican exports, U.S.

companies that export poultry and

poultry products to these two regions

are unlikely to be significantly affected.

Trade Relations

This proposal would remove some

restrictions on the movement of poultry

carcasses, parts, or products (except

eggs and egg products) from Mexico and

would encourage a positive trading

environment between the United States

and Mexico by stimulating economic

activity and providing export

opportunities to Mexican poultry

industries.

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) 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.

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. 98–094–1. Please

send a copy of your comments to: (1)

Docket No. 98–094–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238,

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 amend the

regulations to allow poultry carcasses,

parts, and products (except eggs and egg

products) that are not eligible for entry

into the United States to move through

the United States via land ports from

Mexican States that Mexico considers to

be free of exotic Newcastle disease

(END), under certain conditions, for

export to another country.

Implementing this proposed rule

would necessitate the use of several

paperwork collection activities,

including the completion of an import

permit application, the placement of

serially numbered seals on product

containers, and the forwarding of a

written pre-arrival notification to APHIS

port personnel.

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 43 minutes per

response.

Respondents: Mexican exporters and

full-time, salaried veterinarians

employed by Mexico’s Federal animal

health protection service.

Estimated annual number of

respondents: 15.

Estimated annual number of

responses per respondent: 37.

Estimated annual number of

responses: 555.

Estimated total annual burden on

respondents: 398 hours.

Copies of this information collection

can be obtained from: Clearance Officer,

OCIO, USDA, room 404–W, 14th Street

and Independence Avenue, SW.,

Washington, DC 20250.

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-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), VELOGENIC

VISCEROTROPIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

would continue to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

2. In § 94.15, paragraphs (c) and (d)

would be redesignated as paragraphs (d)

and (e). respectively, and a new

paragraph (c) would be added to read as

follows:

§ 94.15 Animal products and materials;

movement and handling.

* * * * *

(c) Poultry carcasses, parts, or

products (except eggs and egg products)

from Baja California, Baja California

Sur, Campeche, Chihuahua, Coahuila,

Durango, Nuevo Leon, Quintana Roo,

Sinaloa, Sonora, Tamaulipas, or

Yucatan, Mexico, that are not eligible

for entry into the United States in

accordance with the regulations in this

part may transit the United States via

land ports for immediate export if the

following conditions are met:

(1) The person desiring to move the

poultry carcasses, parts, or products

through the United States obtains a

United States Veterinary Permit for

Importation and Transportation of

Controlled Materials and Organisms and

Vectors (VS Form 16–6). An application

for the permit may be obtained from the

Animal and Plant Health Inspection

Service, Veterinary Services, National

Center for Import-Export, 4700 River

Road Unit 38, Riverdale, Maryland

20737–1231.

(2) The poultry carcasses, parts, or

products are packaged at a Tipo

Inspeccio ́n Federal plant in Baja

California, Baja California Sur,

Campeche, Chihuahua, Coahuila,

Durango, Nuevo Leon, Quintana Roo,

Sinaloa, Sonora, Tamaulipas, or

Yucatan, Mexico, in leakproof

containers 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.

(3) The person moving the poultry

carcasses, parts, or products through the

United States notifies, in writing, the

Plant Protection and Quarantine Officer

at the U.S. port of arrival prior to such

6044 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

transiting. The notification must include

the following information regarding the

poultry to transit the United States:

(i) Permit number;

(ii) Times and dates of arrival in the

United States;

(iii) Time schedule and route to be

followed through the United States; and

(iv) Serial numbers of the seals on the

containers.

(4) The poultry carcasses, parts, or

products transit the United States under

Customs bond and are exported from

the United States within the time limit

specified on the permit. Any poultry

carcasses, parts, or products that have

not been exported within the time limit

specified on the permit or that have not

transited in accordance with the permit

or applicable requirements of this part

will be destroyed or otherwise disposed

of as the Administrator may direct

pursuant to section 2 of the Act of

February 2, 1903, as amended (21 U.S.C.

111).

* * * * *

(Approved by the Office of Management and

Budget under control number 0579–0145)

Done in Washington, DC, this 2nd day of

February 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–2778 Filed 2–7–00; 8:45 am]

BILLING CODE 3410–34–U

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

[Docket No. PRM–50–69]

Westinghouse Electric Company LLC;

Receipt of Petition for Rulemaking

AGENCY: Nuclear Regulatory

Commission.

ACTION: Petition for rulemaking; notice

of receipt.

SUMMARY: The Nuclear Regulatory

Commission (NRC) has received and

requests public comment on a petition

for rulemaking filed by Westinghouse

Electric Company LLC (petitioner). The

petition has been docketed by the

Commission and has been assigned

Docket No. PRM–50–69. The petitioner

is requesting that the NRC regulations

governing pressure and temperature

limits for the reactor pressure vessel be

amended to eliminate requirements for

the metal temperature of the closure

head flange and vessel flange regions.

The petitioner believes the elimination

of the flange requirement has no impact

on Boiling Water Reactors (BWRs) and

could improve plant safety in

Pressurized Water Reactors (PWRs).

DATES: Submit comments by April 24,

2000. Comments received after this date

will be considered if it is practical to do

so, but assurance of consideration

cannot be given except as to comments

received on or before this date.

ADDRESSES: Submit comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Attention: Rulemakings and

Adjudications staff.

Deliver comments to 11555 Rockville

Pike, Rockville, Maryland, between 7:30

am and 4:15 pm on Federal workdays.

For a copy of the petition, write:

David L. Meyer, Chief, Rules and

Directives Branch, Division of

Administrative Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. Documents related to this action

are available for public inspection at the

NRC Public Document Room (PDR)

located at the Gelman Building, 2120 L

Street, NW, Washington, DC 20555.

Documents created or received at the

NRC after November 1, 1999 are also

available electronically at the NRC’s

Public Electronic Reading Room on the

Internet at http://www.nrc.gov/NRC/

ADAMS/index.html. From this site, the

public can gain entry into the NRC’s

Agencywide Document Access and

Management System (ADAMS), which

provides text and image files of NRC’s

public documents. For more

information, contact the NRC Public

Document Room (PDR) reference staff at

1–800–397–4209, 202–634–3273, or by

email to pdr@nrc.gov.

You may also provide comments via

the NRC’s interactive rulemaking

website through the NRC home page

(http://ruleforum.llnl.gov). This site

provides the availability to view and

upload comments as files (any format),

if your web browser supports that

function. For information about the

interactive rulemaking website, contact

Ms. Carol Gallagher, 301–415–5905 (email: CAG@nrc.gov).

FOR FURTHER INFORMATION CONTACT:

David L. Meyer, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Telephone: 301–415–7162 or Toll Free:

1–800–368–5642 or E-mail:

DLM1@NRC.GOV.

SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Commission

received a petition for rulemaking dated

November 4, 1999, submitted by

Westinghouse Electric Company LLC

(petitioner). The petitioner is requesting

that Table 1 in 10 CFR part 50, appendix

G, be amended by removing

requirements related to the metal

temperature of the closure head flange

and vessel flange regions. Specifically,

the petitioner is requesting that

footnotes 2 and 6 be removed from

Table 1. The removal of these footnotes

would eliminate requirements that

restrict heat-up and cool-down pressure

temperature curves.

In support of its petition, the

petitioner has attached a Westinghouse

document, WCAP–15315, ‘‘Reactor

Vessel Closure Head/Vessel Flange

Requirements Evaluation for Operating

PWR and BWR Plants’’ (October 1999).

The petitioner believes that this

document sets forth the technical basis

for the proposed modification, the

grounds for and interest in the requested

action, and the specific issues and facts

that support the petition.

On the basis of the information in

WCAP–15315, the petitioner has

concluded that the requirements

pertaining to the reactor vessel closure

head flange in 10 CFR part 50,

Appendix G, Table 1, are not necessary

and believes that removal of these

requirements will have no impact on

BWRs and could improve plant safety in

PWRs. The petitioner requests that the

regulations in 10 CFR part 50 be

amended by removing footnotes 2 and 6

in Table 1 of Appendix G that pertain

to the reactor vessel closure head flange.

The NRC has determined that the

petition meets the threshold sufficiency

requirements for a petition for

rulemaking under 10 CFR 2.802. The

petition has been docketed as PRM–50–

69. The NRC is soliciting public

comment on the petition for rulemaking.

Discussion of the Petition

The petitioner notes that requirements

pertaining to the reactor vessel closure

head flange are contained in 10 CFR

part 50, appendix G, Table 1 entitled,

‘‘Pressure and Temperature

Requirements for the Reactor Pressure

Vessel.’’ These requirements appear in

footnotes 2 and 6 of Table 1. These

footnotes require that the metal

temperature of the closure flange

regions must exceed the material

unirradiated RTNDT by at least 120° F for

normal operation when the pressure

exceeds 20 percent of the pre-service

hydrostatic test pressure (621 psig for a

typical PWR and 300 psig for a typical

BWR). The petitioner believes that these

requirements are unnecessary and

requests that these footnotes be

eliminated.