16978 Federal Register / Vol. 61, No. 76 / Thursday, April 18, 1996 / Proposed Rules DEPARTMENT OF AGRICULTURE state this in the first line of your e-mail variations in the risk of disease message. Comments submitted by e-mail transmission both between regions Animal and Plant Health Inspection will be posted to the APHIS where a disease exists and between Service Regionalization Proposal Web Page those where the disease is not present. within a few days after receipt. This We believe that these policies 9 CFR Parts 92, 93, 94, 95, 96, and 98 Web page also contains copies of the unnecessarily prohibit or restrict the [Docket No. 94±106±1] proposed rule in several formats and importation of animals and animal related information. The Web page URL products in many situations where such RIN 0579±AA71 is http://www.aphis.usda.gov/PPD/ importation can be carried out with Importation of Animals and Animal region. Both paper and e-mail comments insignificant risk of introducing disease Products received may be inspected at USDA, agents into the United States. room 1141, South Building, 14th Street Therefore, in this document, we are AGENCY: Animal and Plant Health and Independence Avenue SW., proposing to revise the regulations in Inspection Service, USDA. Washington, DC, between 8 a.m. and six different parts of 9 CFR to establish ACTION: Proposed rule. 4:30 p.m., Monday through Friday, importation criteria for certain animals except holidays. Persons wishing to and animal products based on the level SUMMARY: We are proposing to amend inspect comments are requested to call of disease risk in specified geographical the regulations concerning importation ahead on (202) 690±2817 to facilitate regions. We believe that these regulatory of animals and animal products. The entry into the comment reading room. changes are consistent with and meet proposed changes include a complete FOR FURTHER INFORMATION CONTACT: Dr. the requirements of international trade rewrite of 9 CFR part 92, subparts D Gary Colgrove, Chief Staff Veterinarian, agreements that have recently been (ruminants) and E (swine), a transfer of National Center for Import and Export, entered into by the United States, as current part 92 to 9 CFR part 93, and the VS, APHIS, 4700 River Road Unit 38, discussed below under the heading establishment of a new part 92. We are Riverdale, MD 20737±1231, (301) 734± ``International Trade Agreements.'' proposing to establish criteria for 8590. foreign ``regions'' based on risk class Limits of This Proposed Rule levels. The criteria would be used to SUPPLEMENTARY INFORMATION: It is important to note that the establish importation requirements for Background changes we are proposing at this time particular animals and animal products apply only to the importation of The Animal and Plant Health from different regions outside of the ruminants and swine, and their Inspection Service (APHIS), United United States. We believe this change is products. The importation of all other States Department of Agriculture in accordance with international trade types of animals would continue to be (USDA), has promulgated regulations agreements entered into by the United governed by the current regulations, regarding the importation of animals States. We are also proposing to allow, rather than by a regionalized, risk class and animal products in order to guard under certain conditions, the unloading approach. It is our intent, however, to against the introduction into the United and reloading at the port of arrival of extend, in future rulemaking, the States of animal diseases not currently meat and other animal products regionalized, risk class approach to the present or prevalent in this country. otherwise prohibited entry into the importation of all animals and animal These regulations are set forth in the United States. We believe this change is products that are subject to the Code of Federal Regulations (CFR), title warranted because it would remove regulations. 9, chapter 1. unnecessary restrictions on the Under the current regulations, with International Trade Agreements importation of meat and other animal several exceptions, restrictions on the products into the United States. Both the North American Free Trade importation of animals and animal Agreement (NAFTA) and the General DATES: Consideration will be given only products are based on whether a Agreement on Tariffs and Trade (GATT) to comments received on or before July particular disease exists in any part of Uruguay Round agreements contain 17, 1996. the foreign country from which the provisions establishing the rights and ADDRESSES: Comments may be animals or animal products originate or obligations of signatory countries submitted as paper copies or by transit before importation into the concerning sanitary and phytosanitary electronic mail. If you submit paper United States. (In a few cases, (SPS) regulation. SPS measures are copies, please send an original and three restrictions are placed on the generally defined as governmental copies of your comments to Docket No. importation of animal products from measures intended to protect human, 94±106±1, Regulatory Analysis and countries where a certain disease is not animal, or plant life or health. The Development, PPD, APHIS, suite 3C03, known to exist, because of risk factors applicable provisions are, respectively: 4700 River Road Unit 118, Riverdale, such as those countries' importation Articles 709 through 724 of the NAFTA MD 20737±1238. Please state that your policies or proximity to countries where (``NAFTA±SPS''); and the World Trade comments refer to Docket No. 94±106± the disease exists.) Organization (WTO) Agreement on the 1. We encourage the submission of The current USDA policy of Application of Sanitary and copies by electronic mail, since this prohibiting or restricting importations Phytosanitary Measures (``WTO±SPS''). both facilitates our analysis of the based solely on whether a disease exists Although the two agreements differ in comments and allows us to make the anywhere within a national entity does a few respects, both NAFTA±SPS and text of comments available to the public not take into account whether regions WTO±SPS provide that: via the Internet. The e-mail address for within a country, or regions made up of comments on this proposed rule is 94± several countries, have in place A Member Country shall recognize the concepts of regions of low pest or disease 106±[email protected]. Please be sure to adequate natural and man-made prevalence, and shall ensure that its sanitary include your full name and organization defenses against the introduction or and phytosanitary measures are adapted to in any comments you submit by e-mail. spread of animal diseases in those take into account the characteristics of If your e-mail comment is a duplicate of regions. Nor, we believe, do the current regions from which products originate and to a paper copy you have submitted, please regulations adequately address which products are destined. In doing so, the Federal Register / Vol. 61, No. 76 / Thursday, April 18, 1996 / Proposed Rules 16979 Member should take into account relevant to U.S. livestock if no import ban many animals and products affected geography, ecology, methods of surveillance restrictions were in place. New part 92 with other diseases. and effectiveness of control systems. would also include a list of restricted However, we believe that several [NAFTA±SPS, Article 716; WTO±SPS, factors now make it necessary to Articles 6.1±6.2] diseases for the purposes of the import regulations. Each of these provisions is provide specific regulatory restrictions The changes being proposed in this discussed in detail below. for certain diseases not currently regulation are intended to comply with Additionally, new § 92.4 would addressed in the regulations. The first U.S. obligations under NAFTA±SPS and include a listing of the risk classification factor is this proposed revision of the WTO±SPS with respect to the APHIS has assigned to each region of import regulations, which would importation of live animals and animal the world for each restricted disease provide for regionalization and for products. agent. The listing in this proposed rule various classification levels of disease Format Changes to 9 CFR consists, for the most part, of countries, risk. Under this proposal, for example, because, under the existing regulations, and unlike under the current Because we are proposing to make disease status is determined on a regulations, the fact that FMD exists in significant substantive changes to the country-by-country basis. However, this one region of a country may not current regulations in order to proposed rule would allow for significantly restrict the importation of incorporate provisions regarding both application for regional status for areas animals and animal products from regionalization and the risk smaller or larger than individual another region of the same country, if classification of exporting regions, we countries. The application process is the two regions are so separated and believe it is necessary, to aid readers of discussed in this Supplementary monitored that the risk of the disease the regulations, to make several major Information under the heading being transferred from one region to the formatting changes to 9 CFR. Although ``Application for Risk Class other is negligible. This is a departure we are proposing to amend in some way Recognition.'' from the current regulations, in which parts 92, 93, 94, 95, 96, and 98, only two FMD in any part of country determines of those partsÐparts 92 and 93Ðwould Proposed Part 92 the FMD status of the entire country. require extensive structural The second factor is the progress As noted above, we are proposing to reformatting. We would make a number many countries have made in set forth in part 92 the criteria for of substantive changes to part 94, but eradicating, or moving toward classification of regions according to that part would largely retain its current eradication of, rinderpest and FMD in risk assessment as required by NAFTA format.