[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6184]
[[Page Unknown]]
[Federal Register: March 17, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 94
[Docket No. 93-102-2]
Importation of Pork and Pork Products From Countries Where Swine
Vesicular Disease Is Known To Exist
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning importation of
certain cured and dried pork and pork products from countries where
swine vesicular disease is known to exist, to allow the bones to be
removed in the country where the pork or pork products are processed.
Prior to the effective date of this final rule, the regulations
required that bones be removed in the country where the swine are
raised and slaughtered. This action will give processors an option as
to where bones are removed, while continuing to prevent the
introduction of swine vesicular disease into the United States.
EFFECTIVE DATE: March 17, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian,
Import-Export Products Staff, National Center for Import-Export,
Veterinary Services, APHIS, USDA, room 759, Federal Building, 6505
Belcrest Road, Hyattsville, MD 20782, (301) 436-7834.
SUPPLEMENTARY INFORMATION:
Background
Regulations in 9 CFR part 94 regulate, among other things, the
importation of certain animals, meat, and animal products into the
United States. These regulations are designed to prevent the
introduction into the United States of certain diseases of livestock
and poultry. Section 94.12 restricts the importation of pork and pork
products into the United States from countries where swine vesicular
disease (SVD) is known to exist. In order to prevent the introduction
of this disease into the United States, only pork and pork products
that meet conditions detailed in the regulations are eligible for entry
into the United States.
Prior to the effective date of this final rule, the regulations
allowed swine to be raised and slaughtered in an SVD-free country and
the meat shipped to an SVD-infected country for curing and drying.
However, if the resulting cured and dried pork or pork products were to
be imported into the United States, all bones had to be removed in the
country of origin, that is, the country where the swine were raised and
slaughtered. The bones could not be removed in the country where the
pork or pork products were cured and dried. (See
Sec. 94.12(b)(1)(iv)(A).)
On November 15, 1993, we published in the Federal Register (58 FR
60146-60147, Docket No. 93-102-1) a proposal to amend
Sec. 94.12(b)(1)(iv)(A) of the regulations to allow the option of
removing the bones in the country where the pork and pork products are
cured and dried.
We solicited comments concerning our proposal for a 60-day comment
period ending January 14, 1994. We received one comment by that date.
It was from a veterinary medical association, and was in favor of the
proposed changes.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866.
At present, Germany is the only country where SVD is considered to
exist that exports these cured and dried pork and pork products to the
United States. During 1989, approximately 17,987 kilograms of cured and
dried pork and pork products were exported from Germany to the United
States. The value of these imports totaled $113,000.
Three facilities in Germany currently process cured and dried pork
and pork products for the United States market. The regulatory
amendments made final in this document will allow these processing
facilities to purchase pork from SVD-free countries with the bones in,
and remove the bones at the processing facilities in Germany. The
amendments will not have any impact on the domestic pork industry,
which is valued in excess of $4 billion.
We have been unable to identify any domestic entities that will be
affected by the rule. We therefore estimate that the rule will have a
negligible impact on the domestic market for cured and dried pork and
pork products.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this final rule have been approved by the Office of
Management and Budget (OMB), and there are no new requirements. The
assigned OMB control number is 0579-0015.
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, 9 CFR part 94 is amended to read as follows:
PART 94-RINDERPEST, FOOT-AND-MOUTH 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 continues 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, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 94.12, paragraph (b)(1)(iv)(A) is revised to read as
follows:
Sec. 94.12 Pork and pork products from countries where swine vesicular
disease exists.
* * * * *
(b) * * *
(1) * * *
(iv) * * *
(A) All bones have been completely removed, either in the country
of origin or in the country where the pork or pork products are
processed; and
* * * * *
Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6184 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-34-P