[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Proposed Rules]
[Pages 37892-37896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15014]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / 
Proposed Rules

[[Page 37892]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2008-0032]
RIN 0579-AC80


Importation of Cooked Pork Skins

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the regulations to allow for the 
importation of cooked pork skins from regions affected with foot-and-
mouth disease, swine vesicular disease, African swine fever, and 
classical swine fever under certain conditions. We are taking this 
action after preparing a risk assessment that concluded that the 
cooking methods examined are sufficient to inactivate the pathogens of 
concern. This action would relieve restrictions on the importation of 
cooked pork skins while continuing to protect against the introduction 
of those diseases of concern.

DATES: We will consider all comments that we receive on or before 
September 2, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008&-0032 to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0032, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2008-0032.
    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. Karen A. James-Preston, Director, 
Technical Trade Services--Products, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; 
(301) 734-8172.

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 communicable diseases of livestock and poultry. The regulations in 
Sec. Sec.  94.4, 94.8, 94.9, and 94.12 contain requirements for the 
importation of cured or cooked meat and pork and pork products from 
regions where rinderpest, foot-and-mouth disease (FMD), African swine 
fever (ASF), classical swine fever (CSF), and swine vesicular disease 
(SVD) exist.
    Currently, the regulations provide that pork and pork products may 
be imported into the United States from regions where these diseases 
exist only if they have been cooked or cured as specified in our 
regulations. Acceptable cooking or curing methods include curing and 
drying so that the product does not require refrigeration, cooking in a 
hermetically sealed container so that the final product is shelf-
stable, cooking in tubes so the internal temperature of the meat 
reaches 175 [deg]F (79.4 [deg]C), or, in the case of perishable canned 
hams, cooking by method other than flash heating to an internal 
temperature of 156 [deg]F (69 [deg]C). These cooking and curing 
processes protect the United States against an introduction of the 
diseases of concern by inactivating the viruses which cause them.
    The Animal and Plant Health Inspection Service (APHIS) has received 
a request from a United States importer for permission to import cooked 
pork skins (pork rinds) from Brazil, a region affected with FMD, SVD, 
ASF, and CSF. Such imports are not permitted under our current 
regulations. However, a risk assessment \1\ performed by the Centers 
for Epidemiology and Animal Health of APHIS' Veterinary Services 
program indicates that pork skins cooked in the manner described by the 
requester are not a potential pathway for entry of foreign animal 
disease agents into the United States. This is because the cooking 
process is sufficient to deactivate the pathogens in question.
---------------------------------------------------------------------------

    \1\ The risk assessment, titled ``Risk Assessment of Pork Rinds 
from Brazil,'' can be viewed on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov) or 
in our reading room. A copy may also be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    Two methods of cooking pork skins were examined. The first method 
is a one-step cooking process, during which the pork skins are held in 
cooking oil that is maintained at a temperature of 237-240 [deg]F (114-
116 [deg]C) for at least 80 minutes. Including heating and cooling 
times, the cooking time for the one-step process is about 2.5 hours. 
The second is a two-step process in which the pork rinds are dry cooked 
at 500-750 [deg]F (260-399 [deg]C) for approximately 210 minutes after 
which they are cooked in hot oil at 220-250 [deg]F (104-121 [deg]C) for 
an additional 150 minutes. The total cooking time in the two-step 
process is about 6 hours.
    Both these cooking processes exceed the heat inactivation 
requirement commonly cited in the literature for the four viruses of 
concern. They also exceed the requirements for cooked meat described in 
the regulations.
    We are, therefore, proposing to amend the regulations in part 94 to 
allow for the importation of cooked pork skins from regions with FMD, 
SVD, ASF, and CSF under the conditions described in this proposed rule. 
Specifically, we would amend the FMD-related provisions in Sec.  94.4, 
the ASF-related provisions in Sec.  94.8, the CSF-related provisions in 
Sec.  94.9, and the SVD-related provisions in Sec.  94.12 by adding a 
new paragraph to each section that authorizes the importation of pork 
skins

[[Page 37893]]

if they have been cooked using one of the methods described above. Each 
of those sections also contains additional requirements that must be 
met in order for pork or pork products to be imported into the United 
States from regions where these diseases exist. These additional 
requirements include provisions that the pork or pork products be 
processed at an approved facility which 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 9 CFR 
part 327, and that shipments of cooked pork or pork products 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 under 9 CFR part 327.

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.
    We are proposing to amend the regulations to allow for the 
importation of cooked pork skins from regions affected with FMD, SVD, 
ASF, and CSF under certain conditions. We are taking this action after 
preparing a risk assessment that concluded that the cooking methods 
examined are sufficient to inactivate the pathogens of concern. This 
action would relieve restrictions on the importation of cooked pork 
skins while continuing to protect against the introduction of those 
diseases of concern.
    Pork rinds are a snack food that is made from deep-fried or 
microwavable pork rind pellets (cooked pig skins). The size of the pork 
rind snack manufacturing industry is considered to be relatively small. 
Available Economic Census data do not provide specific information on 
the pork rind snack industry. The Census categorizes the pork rind 
industry with certain other snack foods (excluding potato chips, corn 
chips, and related products) under ``other snack food manufacturing,'' 
and the product classification code is 3119197.\2\ As table 1 shows, 
the industry is composed of a relatively small number of 
establishments. On average, these establishments employ fewer than 100 
employees and therefore most, if not all, of the establishments can be 
considered to be small entities.\3\
---------------------------------------------------------------------------

    \2\ The products included within this code are other chips, 
sticks, hard pretzels, bacon rinds, popcorn (except candied), etc., 
excluding crackers, soft pretzels, and nuts.
    \3\ The U.S. Small Business Administration (SBA) defines 
establishments engaged in other snack food manufacturing (North 
American Industry Classification System code 311919) as small if 
their employees number no more than 500.

       Table 1.--Snack Food Manufacturing, Excluding Potato Chips, Corn Chips, and Related Products, 2002
----------------------------------------------------------------------------------------------------------------
                                                                                   Total cost of  Total value of
            Number of establishments                 Number of      Payroll  ($    materials  ($   shipments  ($
                                                     employees       million)        million)        million)
----------------------------------------------------------------------------------------------------------------
47..............................................           4,284            $131            $365            $959
----------------------------------------------------------------------------------------------------------------
Source: 2002 Economic Census (http://www.census.gov/prod/ec02/ec0231i311919.pdf).

    Although no clear-cut method exists to disaggregate the pork-rind 
snack manufacturers from the other snack manufacturers in the Census 
data, we can use available sales information for pork-rind snack food 
to approximate the size of this segment of the industry. Currently two 
trade associations keep track of pork-rind snack sales: The Snack Food 
Association of Alexandria, VA, reported sales $562 million (-21.6 
percent) \4\ and Information Resources, Inc. of Chicago, IL, reported 
sales of $98 million (-16.8 percent).\5\
---------------------------------------------------------------------------

    \4\ Sales in 2005, which includes all distribution channels. 
Percentage shows the change from previous year.
    \5\ Total supermarket, drug store, and mass merchandising sales 
for the 52 weeks ending May 21, 2006, excluding Wal-Mart. Percentage 
shows the change from previous year.
---------------------------------------------------------------------------

    Comparing these trade association data to the $959 million shipment 
value reported in the Census data for ``other snack food 
manufacturing,'' sales by the pork-rind snack manufacturers may 
represent as much as one-half of sales for this product category. In 
terms of the sales trend, it is notable that both trade associations 
reported about 20 percent declines in sales from the previous year. The 
slowdown in sales may at least partially reflect a shift in consumers' 
orientation away from the high-protein/low-carbohydrate diet that seems 
to have peaked in 2004.

Pork Rind Pellet Manufacturers

    Pork rind pellets are made from cooked pork skins and are the main 
material used in making pork rind snacks. The number and size of the 
pork rind pellet manufacturers (including manufacturers of pork 
cracklings \6\) are relatively small. Only 17 establishments comprise 
this industry, and they had a total shipment value in 2002 of $196 
million, as shown in table 2.
---------------------------------------------------------------------------

    \6\ Cracklings are produced from pellets--cooked pork skins--
that are thicker and meatier than rinds.

                                 Table 2.--Pork Rind Pellet Manufacturers, 2002
----------------------------------------------------------------------------------------------------------------
                                                                Number of
                                                                companies       Shipment
           Product code               Product description    with shipments     value  ($    Estimated  shipment
                                                               of $100,000      million)          volume \1\
                                                                 or more
----------------------------------------------------------------------------------------------------------------
311611R121.......................  Pork rind pellets,                     5             $45  155.9 million
                                    including pork                                            pounds (70,715
                                    cracklings, made in                                       metric tons).
                                    slaughtering plants.
311612A441.......................  Pork rind pellets,                    12             151  56 million pounds
                                    including pork                                            (91,580 metric
                                    cracklings, made from                                     tons).
                                    purchased carcasses.
----------------------------------------------------------------------------------------------------------------
\1\ Although shipment volumes for pork rind pellets are not available in the 2002 Census data, the 1997 Census
  data indicate that 123.7 million pounds were shipped for product code 311612A441, with a total shipment value
  of $130 million. The 2002 figures are calculated based on this information.

[[Page 37894]]

 
Source: 2002 Economic Census.

U.S. Import and Export of Pork Rind Products

    Trade data \7\ specific to pork rinds are not available; instead, 
three harmonized tariff schedule (HTS) data for the edible offal of 
swine are examined and summarized.8 9 Tables 3 and 4 
summarize the import and export trend for these three HTS codes.\10\
---------------------------------------------------------------------------

    \7\ Source: U.S. International Trade Commission Interactive 
Tariff and Trade Dataweb.
    \8\ HTS 020649--Edible offal of swine, frozen: Other; HTS 
0206490050--Edible offal of swine, frozen, pork rind (Note: This 
classification is no longer available in the 2007 HTS); HTS 
1602494000--Other prepared or preserved meat, meat offal, or blood 
of swine: Other, not containing cereals or vegetables, other.
    \9\ Of those, only one HTS is specifically for pork rind 
(frozen). The other two include other edible offal of frozen, 
prepared, or preserved swine.
    \10\ ``Landed Duty-Paid Value,'' which is the sum of the cost, 
insurance, and freight (CIF) value plus calculated duties, is used 
for the trade data.
---------------------------------------------------------------------------

    The United States has imported a relatively small volume of edible 
offal of swine, including pork rinds, at an average of 7,000 metric 
tons annually with a value of $12 million over the past 5 years. 
Although the import of swine offal peaked in 2005 and has declined 
since, U.S. exports are relatively stable. The United States exported, 
on an average, about 24,000 metric tons with an average value of $24 
million, and the United States has been a consistent net exporter of 
the edible offal of swine over the past 5 years.

                                     Table 3.--U.S. Imports of Edible Offal of Swine, Frozen, Prepared, or Preserved
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    2002                  2003                  2004                  2005                  2006
                                           -------------------------------------------------------------------------------------------------------------
                  Country                    Million     Metric    Million     Metric    Million     Metric    Million     Metric    Million     Metric
                                             dollars      tons     dollars      tons     dollars      tons     dollars      tons     dollars      tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
Canada....................................       $2.9      2,901       $4.3      3,553      $10.5      4,481       $7.0      6,635       $5.7      6,274
Denmark...................................        8.1      2,183        6.8      2,281        7.5      1,893        2.1      2,247        2.1      1,127
Mexico....................................        0.0          0        1.1          0        0.6        108        0.0         79        0.0          0
Others....................................        0.3        177        0.6        144        0.6        102        0.4        174        0.0         27
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................       11.3      5,261       12.8      5,978       19.2      6,584        9.5      9,135        7.8      7,428
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. International Trade Commission, HTS 0206490000, 0206490050, 1602494000.


                                     Table 4.--U.S. Exports of Edible Offal of Swine, Frozen, Prepared, or Preserved
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    2002                  2003                  2004                  2005                  2006
                                           -------------------------------------------------------------------------------------------------------------
                  Country                    Million     Metric    Million     Metric    Million     Metric    Million     Metric    Million     Metric
                                             dollars      tons     dollars      tons     dollars      tons     dollars      tons     dollars      tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mexico....................................      $10.1    15, 405      $11.0    16, 747      $19.4     24,325      $18.3     21,235      $16.5     22,078
Japan.....................................        9.4      3,102        3.3      1,410        0.9        272        1.4        435        4.4      1,494
Korea.....................................        0.5        358        1.6        776        1.8        848        2.2      1,029        3.0      1,330
Hong Kong.................................        2.3      1,097        1.4        679        1.2        353        1.1        261        1.5        330
Others....................................        3.8      2,518        2.3      2,720        1.1      1,584        1.1        853        0.8        695
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................       26.1     22,120       19.6     22,332       24.4     27,382       24.1     23,813       26.2     25,927
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. International Trade Commission.

Export of Pork Rind Products From Brazil

    Two HTS categories that include pork skins are used to examine the 
status of Brazilian exports of pork rinds: 160249 (Meat, Meat Offal or 
Mixtures of Swine, Prepared or Preserved, Nesoi \11\) and 020649 (Offal 
of Swine Except Livers, Edible, Frozen).
---------------------------------------------------------------------------

    \11\ Not elsewhere specified or indicated.

[[Page 37895]]



                                                       Table 5.--Export of Swine Offal From Brazil
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          2003                             2004                                  2005
                                           -------------------------------------------------------------------------------------------------------------
                  Country                                            Per                              Per                              Per
                                             Million     Metric     metric    Million     Metric     metric    Million     Metric     metric    % share
                                             dollars      tons       ton      dollars      tons       ton      dollars      tons       ton     of volume
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hong Kong.................................       $7.2      9.199      781.9       $9.5     10.347      916.9      $15.2     14,537    1,046.9       65.2
Russia....................................        3.4      4,621      725.3        2.2      2,897      750.1        4.1      4,689      876.8       21.0
Others....................................        2.3      3,882      602.7        3.3      3,493      942.7        3.0      3,064      960.1       13.7
                                           -------------------------------------------------------------------------------------------------------------
    World Total...........................       12.9     17,702      727.8       15.0     16,737      893.4       22.3     22,290      999.2        100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.

    Brazil exports a relatively small amount of swine offal products. 
On an average, it exports about 19,000 metric tons annually with a 
total value of $17 million. Hong Kong is by far the largest buyer of 
Brazilian swine offal, accounting for almost two-thirds of total 
exports. Russia is the second largest buyer; however, its imports are 
limited to frozen swine offal (HTS 0206491).
    In terms of the aggregate world export of swine offal products, 
Brazil is ranked around tenth in both HTS categories with its share 
accounting for about 1 percent of world trade.\12\
---------------------------------------------------------------------------

    \12\ Top exporters of HTS 020649 in 2005 were the United States 
(18 percent share), Germany (16 percent), Canada (13 percent), and 
Denmark (11 percent). For HTS 160249, top exporters were China (25 
percent), Denmark (14 percent), Germany (12 percent), and the United 
States (8 percent).
---------------------------------------------------------------------------

Expected Economic Impact

    The expected impact of the proposed rule on the U.S. economy is 
illustrated under two scenarios: 3 million pounds (1,361 metric tons) 
and 4 million pounds (1,814 metric tons) of pork rind pellets imported 
from Brazil.\13\ These scenarios reflect the initial plan of the U.S. 
importer who requested the proposed rule.
---------------------------------------------------------------------------

    \13\ We used a nonspatial, partial equilibrium welfare model to 
quantify the economic effects of the proposed rule. In addition to 
the importer's plan to import 3 to 4 million pounds, the price and 
quantity data explained in previous sections are used as inputs.
---------------------------------------------------------------------------

    Table 6 summarizes the estimated price effects and impacts for U.S. 
producers and consumers under these two scenarios, using a nonspatial, 
partial equilibrium welfare model. The changes are minor; the model 
estimates that the net welfare benefit would be about $19,000 under the 
first scenario (3 million pounds imported) and $30,000 under the second 
scenario (4 million pounds imported). These welfare measures reflect a 
reduction in domestic production that would be more than offset by an 
increase in consumption. The changes in domestic production and 
consumption would be less than 1 percent. It is, therefore, safely 
assumed that the proposed regulation would not have a significant 
economic impact on small entities in the pork rind industry. APHIS 
welcomes information that the public may provide on the status of the 
pork rind manufacturing industry and other related information that 
could be used to further evaluate the impact of the proposed rule.

  Table 6.--Estimated Impact on the U.S. Economy of Pork Offal Imports
                               From Brazil
------------------------------------------------------------------------
                                            Pork rind pellets imported
                                                    from Brazil
                                         -------------------------------
                                           1,361 metric    1,814 metric
                                             tons  (3        tons  (4
                                              million         million
                                              pounds)         pounds)
------------------------------------------------------------------------
Change in U.S. consumption, metric ton..           680.8           840.8
Change in U.S. production, metric ton...          -730.2          -973.2
Change in price of pork rind pellets,            -$17.08         -$22.76
 dollars per metric ton.................
Change in consumer welfare, thousand              $1,577          $2,104
 dollars................................
Change in annual net welfare, thousand               $19             $30
 dollars................................
------------------------------------------------------------------------

    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 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:

[[Page 37896]]

PART 94--RINDERPEST, FOOT-AND-MOUTH 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 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 94.4 is amended as follows:
    a. In paragraph (b)(7), by removing the citation ``Sec.  94.4(b)(4) 
or (b)(5)'' and adding the words ``paragraph (b)(4) or (b)(5) of this 
section'' in its place.
    b. By redesignating paragraphs (b)(8) and (b)(9) as paragraphs 
(b)(9) and (b)(10), respectively, and adding a new paragraph (b)(8) to 
read as set forth below.
    c. In newly redesignated paragraph (b)(9)(ii), by removing the 
citation ``(b)(8)(i)'' and adding the citation ``(b)(9)(i)'' in its 
place.


Sec.  94.4   Cured or cooked meat from regions where rinderpest or 
foot-and-mouth disease exists.

* * * * *
    (b) * * *
    (8) Pork rind pellets (pork skins). Pork rind pellets (pork skins) 
must be cooked in one of the following ways:
    (i) One-step process. The pork skins must be cooked in oil for at 
least 80 minutes when oil temperature is consistently maintained at a 
minimum of 114 [deg]C.
    (ii) Two-step process. The pork skins must be dry-cooked at 260 
[deg]C for approximately 210 minutes after which they must be cooked in 
hot oil (deep-fried) at 104 [deg]C for an additional 150 minutes.
* * * * *
    3. Section 94.8 is amended as follows:
    a. By redesignating paragraph (a)(4) as paragraph (a)(5), and by 
adding a new paragraph (a)(4) to read as set forth below.
    b. In paragraph (a)(3)(i), by removing the citation ``(a)(4)'' and 
adding the words ``(a)(5) of this section'' in its place.


Sec.  94.8   Pork and pork product from regions where African swine 
fever exists or is reasonably believed to exist.

* * * * *
    (a)* * *
    (4) The pork product is pork rind pellets (pork skins) that were 
cooked in one of the following ways in an establishment that meets the 
requirements in paragraph (a)(5) of this section:
    (i) One-step process. The pork skins must be cooked in oil for at 
least 80 minutes when oil temperature is consistently maintained at a 
minimum of 114 [deg]C.
    (ii) Two-step process. The pork skins must be dry-cooked at a 
minimum of 260 [deg]C for approximately 210 minutes after which they 
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for 
an additional 150 minutes.
* * * * *
    4. Section 94.9 is amended as follows:
    a. By adding a new paragraph (c)(1)(iv) to read as set forth below.
    b. In paragraph (c)(2), by removing the citation ``(c)(1)(ii) or 
(iii)'' and adding the citation ``(c)(1)(ii), (iii), or (iv)'' in its 
place.
    c. In paragraph (c)(3), by removing the citation ``(c)(1)(ii) or 
(iii)'' both places it occurs and adding the words ``(c)(1)(ii), (iii), 
or (iv) of this section'' in its place.


Sec.  94.9  Pork and pork products from regions where classical swine 
fever exists.

* * * * *
    (c)* * *
    (1)* * *
    (iv) Pork rind pellets (pork skins) originating in regions where 
classical swine fever is known to exist may be imported into the United 
States provided they have been cooked in one of the following ways:
    (A) One-step process. The pork skins must be cooked in oil for at 
least 80 minutes when oil temperature is consistently maintained at a 
minimum of 114 [deg]C.
    (B) Two-step process. The pork skins must be dry-cooked at a 
minimum of 260 [deg]C for approximately 210 minutes after which they 
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for 
an additional 150 minutes.
* * * * *
    5. In Sec.  94.12, a new paragraph (b)(1)(vi) is added to read as 
follows:


Sec.  94.12  Pork and pork products from regions where swine vesicular 
disease exists.

* * * * *
    (b) * * *
    (1) * * *
    (vi) Pork rind pellets (pork skins) must be cooked in one of the 
following ways:
    (A) One-step process. The pork skins must be cooked in oil for at 
least 80 minutes when oil temperature is consistently maintained at a 
minimum of 114 [deg]C.
    (B) Two-step process. The pork skins must be dry-cooked at a 
minimum of 260 [deg]C for approximately 210 minutes after which they 
must be cooked in hot oil (deep-fried) at a minimum of 104 [deg]C for 
an additional 150 minutes.
* * * * *

    Done in Washington, DC, this 26th day of June 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-15014 Filed 7-1-08; 8:45 am]
BILLING CODE 3410-34-P