This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61578 

Vol. 70, No. 205 

Tuesday, October 25, 2005 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. 02–083–1] 

Importation of Meat That Originates in 

an FMD Region and Is Cured or 

Cooked in Another Region 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the animal and animal product import 

regulations by adding provisions for the 

importation of cured or cooked shelfstable meat derived from ruminants or 

swine that originate in a region where 

rinderpest or foot-and-mouth disease 

exists if the meat is cured or cooked in 

another region. This action would 

provide for the importation of these 

commodities while continuing to 

protect the U.S. ruminant and swine 

populations against incursions of 

rinderpest and foot-and-mouth disease. 

DATES: We will consider all comments 

that we receive on or before December 

27, 2005. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and, in the 

‘‘Search for Open Regulations’’ box, 

select ‘‘Animal and Plant Health 

Inspection Service’’ from the agency 

drop-down menu, then click on 

‘‘Submit.’’ In the Docket ID column, 

select APHIS–2005–0087 to submit or 

view public comments and to view 

supporting and related materials 

available electronically. After the close 

of the comment period, the docket can 

be viewed using the ‘‘Advanced Search’’ 

function in Regulations.gov. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 02–083–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 02–083–1. 

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 

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. 

Masoud Malik, Senior Staff 

Veterinarian, Technical Trade Services, 

National Center for Import and Export, 

VS, APHIS, 4700 River Road Unit 40, 

Riverdale, MD 20737–1231; (301) 734– 

3277. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 9 CFR part 94 

(referred to below as the regulations) 

govern the importation of specified 

animals and animal products to prevent 

the introduction into the United States 

of various animal diseases, including 

rinderpest, foot-and-mouth disease 

(FMD), bovine spongiform 

encephalopathy, swine vesicular 

disease, classical swine fever, and 

African swine fever. These are 

dangerous and destructive 

communicable diseases of ruminants 

and swine. 

Section 94.4 sets out conditions under 

which cured or cooked meat derived 

from ruminants or swine originating in 

regions where rinderpest or FMD exists 

may be imported into the United States. 

Paragraph (a) contains requirements for 

cured meat, and paragraph (b), for 

cooked meat. 

Currently, the regulations in § 94.4 do 

not specifically address the issue of 

cured or cooked shelf-stable meat that 

originates in a region with FMD or 

rinderpest but is cured or cooked in 

another region. Current § 94.4(a)(4) 

states that the certificate that must 

accompany imported cured meat 

originating in a region with FMD or 

rinderpest must be issued by an official 

of the national government of the region 

of origin. Similarly, current § 94.4(b)(8) 

states that the certificate that must 

accompany imported cooked meat 

originating in a region with FMD or 

rinderpest must be issued by an official 

of the national government of the region 

of origin. No provision is made for the 

issuance of certificates by governments 

other than those where the products 

originate. We are proposing to amend 

§ 94.4(a) and (b) to add such provisions, 

while maintaining existing safeguards 

against incursions of rinderpest and 

FMD. While it is our primary objective 

in this rulemaking to provide for the 

importation of meat that originates in a 

region affected by FMD or rinderpest 

but is then cured or cooked in a region 

recognized as free of those diseases, the 

changes we are proposing would also 

allow the importation of shelf-stable 

meat that originates in an FMD- or 

rinderpest-affected region and is then 

cured or cooked according to the 

regulations in another region where 

FMD or rinderpest is present. It is our 

view that cured or cooked shelf-stable 

meat originating in a region with FMD 

or rinderpest may be safely imported 

into the United States, regardless of 

where it is cured or cooked, if the curing 

or cooking is done in accordance with 

the regulations in § 94.4. 

Currently, the introductory text of 

§ 94.4(a) prohibits the importation of 

cured meat derived from any ruminants 

or swine that originate in a region where 

rinderpest or FMD exists unless the 

meat is prepared in accordance with the 

conditions specified in the ensuing 

paragraphs ((a)(1) through (a)(4)). We 

would amend that introductory text to 

indicate that the same restrictions also 

apply when meat derived from any 

ruminant or swine that originates in a 

region where rinderpest or FMD exists 

is cured in another region. 

We are proposing to amend 

§ 94.4(a)(4) in a similar manner. Current 

paragraph (a)(4) stipulates that cured 

meat imported from regions with 

rinderpest or FMD must be 

accompanied by a certificate issued by 

an official of the national government of 

the region of origin who is authorized to 

issue the foreign meat inspection 

certificate required by 9 CFR 327.4, 

stating that the meat has been prepared 

in accordance with § 94.4(a)(1), (a)(2), 

and (a)(3)(i). The certificate must be 

presented to an authorized inspector at 

Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Proposed Rules 61579 

1While this process is relatively standardized, 

other cooking processes described in § 94.4(b) are 

very specific and complicated, requiring USDA 

inspection and verification in the region in which 

the meats are cooked. Therefore, this proposed rule 

does not extend to those other cooking processes. 

the port of arrival in the United States. 

We would amend paragraph (a)(4) to 

indicate that the certificate may either 

be issued by an authorized official of the 

national government of the region of 

origin or, if the meat was cured in 

another region, by an authorized official 

of the national government of the region 

in which the meat was cured. 

Conditions for the importation of 

cooked meat derived from any 

ruminants or swine that originate in a 

region where rinderpest or FMD exists 

are provided in § 94.4(b). Current 

paragraph (b)(3) provides a blanket 

exemption from these requirements for 

canned meat, which is defined, in part, 

in the regulations of the Food Safety and 

Inspection Service of the U.S. 

Department of Agriculture (USDA) in 9 

CFR 318.300(d) as a ‘‘meat food product 

with a water activity above 0.85 which 

receives a thermal process either before 

or after being packed in a hermetically 

sealed container.’’

Paralleling our changes to the 

provisions for imported cured meat in 

proposed § 94.4(a), we are proposing to 

amend § 94.4(b)(3) to provide for the 

importation into the United States of 

shelf-stable canned meat that is derived 

from any ruminants or swine originating 

in an FMD-or rinderpest-affected region 

and is then cooked and sealed in 

another region. Additionally, we would 

amend § 94.4(b)(3) to be more specific 

regarding cooking and sealing 

requirements for canned meat. 

Specifically, proposed § 94.4(b)(3) 

would state that such meat, whether 

cooked and sealed in the region of 

origin or in another region, is exempt 

from the requirements of § 94.4 if the 

meat or meat product has been fully 

cooked by a commercial method in a 

container hermetically sealed promptly 

after filling but before such cooking, so 

that such cooking and sealing produce 

a fully sterilized product that is shelfstable without refrigeration.1 In 

specifying that only shelf-stable canned 

meats that are prepared in this manner 

would be exempt from the other 

requirements of § 94.4, our proposal 

would offer greater protection to the 

U.S. ruminant and swine populations 

against the introduction of rinderpest or 

FMD than do the current regulations. 

Certification requirements for cooked 

meat imported into the United States 

from regions where rinderpest or FMD 

exists are contained in current 

paragraph (b)(8). Such meat must be 

accompanied by a certificate issued by 

an official of the national government of 

the region of origin who is authorized to 

issue the required foreign meat 

inspection certificate, stating that the 

cooked meat satisfies the requirements 

of § 94.4(b). The certificate must be 

presented to an inspector at the port of 

arrival in the United States. We would 

amend this paragraph so that it would 

reflect our proposed changes to 

§ 94.4(b)(3). Under our proposed 

§ 94.4(b)(8), the certificate could either 

be issued by an authorized official of the 

national government of the region of 

origin or, if the meat being imported is 

shelf-stable canned meat that was 

cooked in accordance with § 94.4(b)(3) 

in another region, by an authorized 

official of the national government of 

the region in which the meat was 

cooked. 

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. 

This proposed rule would amend the 

regulations by adding provisions in 

§ 94.4 for the importation of cured or 

cooked shelf-stable meat derived from 

any ruminants or swine that originate in 

a region with rinderpest or FMD if the 

meat is then cured or cooked in another 

region. 

As shown in table 1, the amount of 

processed red meat (beef, veal, and 

pork) imported into the United States in 

2003 accounted for 2.4 percent of the 

total of U.S. red meat imports and was 

equivalent to less than 1 percent of U.S. 

production of red meat. We do not 

anticipate that the amount of processed 

red meat imported into the United 

States would increase significantly as a 

result of the proposed changes. 

Therefore, the proposed action is not 

likely to have any significant economic 

effect on any U.S. entities. 

TABLE 1.—U.S. PRODUCTION AND U.S. IMPORTS OF RED MEAT IN 2003 (HS 4-DIGIT) 

U.S. production of red meat U.S. imports of all red meat 

(fresh and processed) U.S. imports of processed red meat 

21,038,527.2 metric tons ................................... 2,024,907.0 metric tons .................................... 47,697.4 metric tons. 

Source: USDA, Economic Research Service, Livestock, Dairy, & Poultry Outlook/ LDP–M–135/September 16, 2005, and USDA, Foreign Agricultural Service, HS–4 digit imports (http://www.fas.usda.gov/ustrdscripts). 

The Regulatory Flexibility Act 

requires that agencies consider the 

economic impact of their rules on small 

entities. Among the small entities that 

could be affected by this proposed rule 

are beef cattle ranchers, dairy cattle 

producers, and processors of red meat. 

Beef cattle ranchers and dairy cattle 

producers are considered small entities, 

according to the criteria of the Small 

Business Administration, as long as 

their annual sales are less than or equal 

to $750,000. Producers of cattle on 

feedlots are considered small entities if 

their annual revenues are less than or 

equal to $1.5 million. According to the 

U.S. Agricultural Census, in 1997, 99 

percent of beef cattle ranchers, dairy 

cattle producers, and cattle producers 

on feedlots qualified as small entities. 

For the reasons discussed earlier, 

however, we do not expect that this 

proposed rule would have any 

significant economic effect on any of 

these entities or on any other U.S. 

entities, small or large. 

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 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

61580 Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / Proposed Rules 

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

et seq.). 

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), EXOTIC NEWCASTLE 

DISEASE, AFRICAN SWINE FEVER, 

CLASSICAL SWINE FEVER, 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. 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. In § 94.4, the introductory text of 

paragraph (a), paragraph (a)(4), 

paragraph (b)(3), and paragraph (b)(8)(i) 

would be revised to read as follows: 

§ 94.4 Cured or cooked meat originating in 

regions where rinderpest or foot-and-mouth 

disease exists. 

(a) Whether the meat is cured in the 

region of origin or in another region, the 

importation of cured meats derived from 

any ruminant or swine that originates in 

a region where rinderpest or foot-andmouth disease exists, as designated in 

§ 94.1, is prohibited unless the 

following conditions have been 

fulfilled: 

* * * * * 

(4) The cured meat shall be 

accompanied by a certificate stating that 

such meat has been prepared in 

accordance with paragraphs (a)(1), 

(a)(2), and (a)(3)(i) of this section. The 

certificate shall be issued by an official 

of the national government of the region 

of origin or, if the meat was cured in 

another region, by an official of the 

national government of the region in 

which the meat was cured, who is 

authorized to issue the foreign meat 

inspection certificate required by 

§ 327.4 of this title. Upon arrival of the 

cured meat in the United States, the 

certificate must be presented to an 

authorized inspector at the port of 

arrival. 

(b) * * * 

(3) Shelf-stable canned meat. Shelfstable canned meat, whether cooked and 

sealed in the region of origin or in 

another region, is exempt from the 

requirements of this section if cooked 

and sealed in the following manner: The 

meat or meat product has been fully 

cooked by a commercial method in a 

container hermetically sealed promptly 

after filling but before such cooking, so 

that such cooking and sealing produce 

a fully sterilized product that is shelfstable without refrigeration. 

* * * * * 

(8) * * * (i) The cooked meat must be 

accompanied by a certificate stating: 

‘‘This cooked meat produced for export 

to the United States meets the 

requirements of title 9, Code of Federal 

Regulations, § 94.4(b).’’ The certificate 

must be issued by an official of the 

national government of the region of 

origin or, if the meat is shelf-stable 

canned meat that was cooked and sealed 

in accordance with § 94.4(b)(3) in 

another region, by an official of the 

national government of the region in 

which the meat was cooked and sealed, 

who is authorized to issue the foreign 

meat inspection certificate required by 

§ 327.4 of this title. Upon arrival of the 

cooked meat in the United States, the 

certificate must be presented to an 

authorized inspector at the port of 

arrival. 

* * * * * 

Done in Washington, DC, this 19th day of 

October 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–21306 Filed 10–24–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20970; Directorate 

Identifier 2004–NM–53–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Model 500, 501, 550, S550, 551, and 560 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: The FAA is revising an earlier 

proposed airworthiness directive (AD) 

for certain Cessna Model 500, 501, 550, 

S550, 551, and 560 airplanes. The 

original NPRM would have required 

revising the airplane flight manual 

(AFM) to prohibit use of the wing fuel 

boost pumps for defueling under certain 

conditions; installing a placard; doing 

other specified investigative and 

corrective actions as necessary; and 

modifying the boost pumps. The 

original NPRM also would have 

required the subsequent removal of the 

AFM revision and placard. The original 

NPRM resulted from a report of a chafed 

electrical wiring harness, which was 

arcing inside the fuel tank. This action 

revises the original NPRM by 

identifying certain service information 

not identified in the original NPRM. We 

are proposing this supplemental NPRM 

to prevent potential fuel vapor ignition 

in a fuel tank, which could result in 

explosion and loss of the airplane. 

DATES: We must receive comments on 

this supplemental NPRM by November 

21, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

supplemental NPRM. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Cessna 

Aircraft Co., P.O. Box 7706, Wichita, 

Kansas 67277. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Easterwood, Aerospace Engineer, 

Electrical Systems and Avionics Branch, 

ACE–119W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone (316) 

946–4132; fax (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this supplemental NPRM. 

Send your comments to an address 

listed in the ADDRESSES section. Include 

the docket number ‘‘Docket No. FAA–

2005–20970; Directorate Identifier 

2004–NM–53–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this supplemental NPRM. We