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This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.
Rules and Regulations
Federal Register
3819
Vol. 69, No. 17Tuesday, January 27, 2004
DEPARTMENT OF AGRICULTUREAnimal and Plant Health InspectionService9 CFR Part 94
[Docket No. 02–036–2]
Yucatan Peninsula; Addition to the Listof Regions Considered Free of ExoticNewcastle Disease
AGENCY
:
Animal and Plant HealthInspection Service, USDA.
ACTION
:
Final rule.
SUMMARY
:
We are amending theregulations by adding the MexicanStates of Campeche, Quintana Roo, andYucatan to the list of regions consideredfree of exotic Newcastle disease. Wehave conducted a risk evaluation andhave determined that these threeYucatan Peninsula States have met ourrequirements for being recognized asfree of this disease. This action allowsimportation into the United States of poultry and poultry products from theseregions. We are also adding acertification requirement to ensure thatpoultry and poultry products fromCampeche, Quintana Roo, and Yucatanoriginate in those States or in any otherregion recognized by the Animal andPlant Health Inspection Service as freeof exotic Newcastle disease and that,prior to export to the United States,such poultry and poultry products arenot commingled with poultry andpoultry products from regions whereexotic Newcastle disease exists.
EFFECTIVE DATE
:
February 11, 2004.
FOR FURTHER INFORMATION CONTACT
:
Dr.Hatim Gubara, Staff Veterinarian,Regionalization Evaluation ServicesStaff, National Center for Import andExport, VS, APHIS, 4700 River RoadUnit 38, Riverdale, MD 20737–1231;(301) 734–4356.
SUPPLEMENTARY INFORMATION
:
Background
The regulations in 9 CFR part 94(referred to below as the regulations)govern the importation of certainanimals and animal products into theUnited States in order to prevent theintroduction of various animal diseases,such as rinderpest, foot-and-mouthdisease (FMD), classical swine fever(CSF), and exotic Newcastle disease(END). Among other things, §94.6 of theregulations lists regions that areconsidered to be free of END.On October 22, 2002, we published inthe
Federal Register
(67 FR 64827–64833, Docket No. 02–036–1) a proposalto amend the regulations in §94.6 byadding the Mexican States of Campeche,Quintana Roo, and Yucatan to the list of regions considered free of END. Thisproposed rule was intended to allowimportation into the United States of poultry and poultry products from theseregions. We also proposed to amend§94.15 to remove references toCampeche, Quintana Roo, and Yucatan because we believed that therequirements specified in that sectionfor transit through the United States of poultry carcasses, parts, or products thatare otherwise ineligible for entry intothe United States under part 94 wouldno longer apply to those States if theywere listed in §94.6 as regionsconsidered free of END.We solicited comments concerningour proposal for 60 days endingDecember 23, 2002. We did not receiveany comments. Therefore, for thereasons given in the proposed rule, weare adopting the changes to §94.6described in the previous paragraph.Upon further consideration, however,we decided not to finalize our proposedchanges to §94.15. Some of the poultrycarcasses, parts, or products producedin Campeche, Quintana Roo, andYucatan for export may be produced inplants that do not meet the standards of the Food Safety Inspection Service(FSIS) of the U.S. Department of Agriculture (USDA) as specified in 9CFR part 381. Such poultry carcasses,parts, or products are eligible to transitthrough the United States under current§94.15(c). By not finalizing ourproposed changes to §94.15, we willallow such import-ineligible products tocontinue transiting the United Statesunder the conditions specified in thatsection.A comment we received on anotherproposed rule also had implications forthe current rulemaking. On May 13,2002, we published in the
FederalRegister
(67 FR 31987–31992, DocketNo. 01–074–1) a proposal to amend theregulations in §§94.9 and 94.10 byadding the Mexican States of BajaCalifornia, Baja California Sur,Chihuahua, and Sinaloa to the list of regions considered free of CSF, thusallowing importation into the UnitedStates of pork, pork products, liveswine, and swine semen from thoseregions. One of the commenters on thatproposal, noting that it appeared likelythat most of the pork and pork productsexported by the State of Chihuahuawere derived from swine raised in otherregions, requested more informationabout where those swine originated. Thecommenter was concerned that porkintended for export to the United Statesfrom Chihuahua could be derived fromswine that originated in neighboringCSF-affected regions. Because we sharedthis concern, we added some safeguardswhen we published the final rulechanging the CSF status of those fourMexican States (68 FR 47835–47842,Docket No. 01–074–2, August 12, 2003).Issues pertaining to the integrity of products exported from certain disease-free regions to the United States, suchas the one discussed by that commenter,have acquired a new salience due to theadvent of regionalization.Regionalization has allowed the Animaland Plant Health Inspection Service(APHIS) of the USDA to designateregions, as well as entire countries, asfree of such animal diseases as CSF andEND. While regionalization has allowedAPHIS to exercise more flexibility inregulating and has helped to facilitatetrade, it has caused APHIS to reconsiderthe issue of border controls in somecases. Border controls between high-and low-risk regions within a country orwithin a larger community, such as theEuropean Union, may not always beequivalent to border controls betweennations. There may now exist a greaterlikelihood that animal productsintended for export to the United Statesfrom some disease-free regions could bederived from animals that originated inaffected regions or that animals oranimal products from free regions could be commingled with animals or animalproducts from affected regions prior toexport to the United States. Such
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Federal Register
/Vol. 69, No. 17/Tuesday, January 27, 2004/Rules and Regulations
imports could present a risk of introducing animal diseases into thiscountry.Some sections of the regulations inpart 94 do contain provisions aimed atreducing the potential risks posed bythe commingling of import-eligible andineligible animals and animal productsprior to export to the United States.Section 94.11 places certain restrictionson meat and other animal productsimported from certain regions that aredesignated in
§
94.1 as free of rinderpestand FMD but that (1) supplement theirmeat supplies via the importation of fresh meat of ruminants or swine fromregions affected by those diseases, (2)share a common land border with suchregions, or (3) import animals from suchregions under conditions less restrictivethan would be acceptable forimportation into the United States.Section 94.13 has similar provisions forpork and pork products imported fromcertain regions that are designated in
§
94.12(a) as being free of swinevesicular disease but that border or havetrading relationships with affectedregions. Both of these sections containrequirements for additionalcertifications that include declarationsthat certain conditions intended toprevent commingling of animalproducts intended for export to theUnited States have been satisfied.To prevent the commingling of import-eligible and ineligible poultryand poultry products prior to export tothe United States, we are adopting anadditional certification requirementsimilar to those in
§§
94.11 and 94.13for imports from the newly eligibleStates of Campeche, Quintana Roo, andYucatan. This requirement will becontained in a new
§
94.25.The introductory text of the new
§
94.25 enumerates the risk factors thatnecessitate placing restrictions on theimportation of live poultry, poultrymeat, and other poultry products,including ship stores, airplane meals,and baggage containing such meat oranimal products, from the MexicanStates of Campeche, Quintana Roo, andYucatan that go beyond those placed onimports from other regions designatedin
§
94.6 as END-free. Because theseMexican States supplement their meatsupplies by the importation of fresh(chilled or frozen) poultry meat fromEND-affected regions, share commonland borders with such regions, orimport live poultry from such regionsunder conditions less restrictive thanwould be acceptable for importationinto the United States, there exists thepossibility that live poultry or poultryproducts that are intended for export tothe United States could originate inaffected regions or be commingled withlive poultry and poultry products fromsurrounding END-affected regions. Suchimports could present a risk of introducing END into the United States.Therefore, in addition to meeting allapplicable requirements of part 93,which contains, among other things,general provisions for the importation of live poultry, and of 9 CFR chapter III,under which are included conditions forimportation of poultry productspromulgated by the FSIS, live poultry,poultry meat, and other poultryproducts imported into the UnitedStates from Campeche, Quintana Roo,and Yucatan must also satisfy theconditions specified in new
§
94.25. Asnoted earlier, these risk factors are of greater concern now than they were inthe past due to the advent of regionalization. In future rulemakings,therefore, we intend to apply theadditional certification requirementmore broadly to any region that werecognize as free of END but that issubject to these risk factors.Paragraph (a) of new
§
94.25 statesthat live poultry, poultry meat, andother poultry products from any regiondesignated in the section must beaccompanied by an additionalcertification by a full-time salariedveterinary officer of the Government of Mexico. Upon arrival of the live poultry,poultry meat, or other poultry productin the United States, the certificationmust be presented to an authorizedinspector at the port of arrival.Paragraph (b) contains requirementsfor the additional certification for livepoultry imported from Campeche,Quintana Roo, and Yucatan. Thecertification accompanying the livepoultry must identify the exportingregion of the poultry as a regiondesignated in
§
94.6 as free of END atthe time the poultry were in the region.In addition, the certification must statethat the poultry (1) have not been incontact with poultry or poultry productsfrom any region where END isconsidered to exist, (2) have not lived ina region where END is considered toexist, and (3) have not transited througha region where END is considered toexist unless moved directly in a sealedmeans of conveyance with the sealintact upon arrival at the point of destination. These provisions areintended to ensure that the live poultryhave originated in an END-free region,have not been commingled withinfected poultry or been in contact withinfected poultry products either in theregion of origin or while in transit priorto export to the United States, and are being exported from an END-free region.At this time, Campeche, Quintana Roo,and Yucatan, which are the only regionsin Mexico that APHIS recognizes as being free of END, are the only regionsto which these requirements will apply, but we expect to add more regions, inMexico and worldwide, to
§
94.25 in thefuture.Paragraph (c) contains requirementsfor the additional certificationaccompanying poultry meat or otherpoultry products from Campeche,Quintana Roo, and Yucatan. Theparagraph includes conditions forslaughter, handling, transiting, andprocessing that the certification mustdeclare have been satisfied.Paragraph (c)(1) specifies that theadditional certification must state thatthe poultry meat or other poultryproducts have been derived frompoultry that meet all requirements of 
§
94.25 and that have been slaughteredin a region designated in
§
94.6 as freeof END at a federally inspectedslaughter plant that is under the directsupervision of a full-time salariedveterinarian of the Government of Mexico and that is approved to exportpoultry meat and other poultry productsto the United States in accordance withthe FSIS regulations in 9 CFR 381.196.This provision will help ensure that thepoultry meat or other poultry productswill only be derived from poultry thatare free of END and that slaughteringwill take place in establishments andunder conditions that meet thestandards of the FSIS.Paragraph (c)(2) specifies that theadditional certification must state thatthe poultry meat or other poultryproducts have not been in contact withpoultry meat or other poultry productsfrom any region where END isconsidered to exist. This provision willhelp to ensure that products originatingin the three Mexican States will not becommingled in the region of origin withproducts from END-affected regions.Paragraph (c)(3) specifies that theadditional certification must state thatthe poultry meat or other poultryproducts have not transited through aregion where END exists unless moveddirectly in a sealed means of conveyance with the seal intact uponarrival at the point of destination. Thisprovision will help to ensure thatpoultry meat and other poultry productsfrom Campeche, Quintana Roo, andYucatan will not be subject tocontamination through comminglingwith END-affected products whiletransiting through END-affected regionsprior to export to the United States.Finally, paragraph (c)(4) containsrequirements for the additionalcertification that must accompanyprocessed poultry meat or other poultry
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/Vol. 69, No. 17/Tuesday, January 27, 2004/Rules and Regulations
1
‘‘
Outlook for Mexican Poultry Industry andU.S.-Mexican Poultry Trade,
’’
Milton Madison andDavid Harvey. USDA/ERS Livestock, Dairy, andPoultry Report, July 17, 1998, LDP
–
52.
2
A 42-ounce processed broiler carcass iscomprised of 12.5 to 14 ounces of breast meat, orroughly 32 percent breast meat.
products imported from Campeche,Quintana Roo, and Yucatan. Thecertification must state that the productswere processed in a region designated in
§
94.6 as free of END in a federallyinspected processing plant that is underthe direct supervision of a full-timesalaried veterinarian of the Governmentof Mexico. This provision will help toensure that the products will not becommingled with products from anEND-affected region during processingand that the processing will be doneunder adequate supervision inestablishments that are eligible to exportpoultry products to the United States.We believe that the safeguards in new
§
94.25 will allow for the safeimportation of live poultry, poultrymeat, and other poultry products fromthe Mexican States of Campeche,Quintana Roo, and Yucatan.Therefore, for the reasons given in theproposed rule and in this document, weare adopting the proposed rule as a finalrule with the changes discussed in thisdocument.
Effective Date
This is a substantive rule that relievesrestrictions and, pursuant to theprovisions of 5 U.S.C. 553, may be madeeffective less than 30 days afterpublication in the
Federal Register
.This rule adds the Mexican States of Campeche, Quintana Roo, and Yucatanto the list of regions considered free of exotic Newcastle disease. We havedetermined that approximately 2 weeksare needed to ensure that APHISpersonnel at ports of entry receiveofficial notice of this change in theregulations. Therefore, theAdministrator of the Animal and PlantHealth Inspection Service hasdetermined that this rule should beeffective 15 days after publication in the
Federal Register
.
Executive Order 12866 and RegulatoryFlexibility Act
This rule has been reviewed underExecutive Order 12866. The rule has been determined to be not significant forthe purposes of Executive Order 12866and, therefore, has not been reviewed bythe Office of Management and Budget.This rule amends the regulations byadding the Mexican States of Campeche,Quintana Roo, and Yucatan to the list of regions considered free of END andremoving END-related restrictions onthe transiting of poultry carcasses, parts,or products from these States throughthe United States that would no longerapply. The rule also adds a certificationrequirement to prevent commingling of products from Campeche, QuintanaRoo, and Yucatan with products fromEND-affected regions prior to export tothe United States.A number of factors may influencehow much of the poultry produced inthe Yucatan Peninsula will be exportedto the United States as a result of thisrulemaking. These factors includedomestic and international supply of,and demand for, poultry and poultrysubstitutes, U.S. grain prices, exchangerates, freight rates, the structure(number of large integrated operationsversus the number of traditional andsemi-traditional operations) of thepoultry industry in the YucatanPeninsula, and the ability of YucatanPeninsula producers/packersconsistently to ship cuts that meet U.S.market specifications.As shown in table 1, YucatanPeninsula poultry production peaked atroughly 100,000 metric tons (MTs) in1997 and consistently accounted forabout 8 percent of Mexico
’
s total poultryproduction from 1992 until 1999, thelast year for which data were available.
T
ABLE
1.—Y
UCATAN
P
OULTRY
P
RODUCTION BY
S
TATE
1992–1999 (MT
S
)
Year 1992 1993 1994 1995 1996 1997 1998 1999Campeche........................................................4,1525,8216,3226,4386,6797,440 6,6046,784Quintana Roo...................................................5,1245,9405,8107,0435,4905,865 4,6855,374Yucatan............................................................63,02774,31177,84183,31186,48589,69879,90081,470Total..........................................................72,30386,07289,88496,79298,654103,00391,18993,628Percentage of Mexico’s production.................8.05 8.28 7.98 7.54 7.80 ................................................Source: Centro de Estadı´stica Agropecuaria/SAGARPA.
Our analysis of poultry production inthe Yucatan Peninsula suggests 100,000MTs as the upper limit for poultry andpoultry products that could be madeavailable for export to the United Statesat this time. The Yucatan Peninsula isa grain and oilseed deficit area. Most of the grains and oilseeds used in poultryproduction (the single largest and mostexpensive input in poultry production)are imported from the United States.This dependence on imported grainsand oilseeds will tend to limit thegrowth of the Yucatan Peninsula
’
spoultry production and, consequently,the amount of poultry and poultryproducts available for export to theUnited States.It is far more likely that the actualamount of poultry and poultry productsthat will be exported to the UnitedStates from the Yucatan PeninsulaStates in the near term as a result of thisrulemaking will be significantly lessthan 100,000 MTs. A general analysis of Mexican poultry production systemssuggests that a maximum of 60 to 70percent of Yucatan Peninsula poultryproduction might meet U.S. importstandards.
1
According to ForeignAgricultural Service attache
´ 
reports andEconomic Research Service (ERS)analysts, most Yucatan Peninsulaproduction will probably be consumedlocally or diverted to the local touristindustry. Because of shipping costs, it islikely that Mexican producers will onlyfind it profitable to ship breast cuts tothe United States. Table 2 shows highand low estimates for possible exportsof poultry and poultry products fromthe Yucatan Peninsula to the UnitedStates. As shown in the table, between18,000 and 52,500 MTs of YucatanPeninsula poultry may be available forexport to the United States, dependingon domestic consumption, a factor thatis very difficult to gauge or predict.Based on these figures, the amount of  breast meat cuts available for export tothe United States ranges from roughly5,786 to 16,875 MTs.
2
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