[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Pages 7138-7139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2898]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 94-137-1]


Change in Disease Status of Spain Because of Swine Vesicular 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Spain free of swine vesicular 
disease. As part of this proposed action, we would add Spain to the 
list of countries that, although declared free of swine vesicular 
disease, are subject to restrictions on pork and pork products offered 
for importation into the United States. Declaring Spain free of swine 
vesicular disease appears to be appropriate because there have been no 
outbreaks of swine vesicular disease in Spain since April 1993. This 
proposed rule would relieve certain prohibitions and restrictions on 
the importation into the United States, from Spain, of swine and fresh, 
chilled, and frozen meat of swine. However, because African swine fever 
continues to exist in Spain, certain pork and pork products would 
continue to be prohibited.

DATES: Consideration will be given only to comments received on or 
before April 10, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-137-1, USDA, APHIS, PPD, Regulatory Analysis and 
Development, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Comments received may be inspected at USDA, room 1141, South Building, 
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. 
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing 
to inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. John Blackwell, Senior Staff 
Veterinarian, USDA, APHIS, Veterinary Services, National Center for 
Import-Export, Import-Export Animals Staff, 4700 River Road Unit 38, 
Riverdale, MD 20737-1231, (301) 734-7834.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products in order to prevent the introduction into 
the United States of various animal diseases, including rinderpest, 
foot-and-mouth disease (FMD), bovine spongiform encephalopathy, African 
swine fever, hog cholera, and swine vesicular disease (SVD). These are 
dangerous and destructive communicable diseases of ruminants and swine.
    Section 94.12(a) of the regulations provides that SVD is considered 
to exist in all countries of the world except those listed in 
Sec. 94.12(a), which have been declared to be free of SVD. We will 
consider declaring a country to be free of SVD if there have been no 
reported cases of the disease in that country for at least the previous 
1-year period. There have been no outbreaks of SVD in Spain since April 
1993. Based on this, the Government of Spain has requested that the 
U.S. Department of Agriculture (USDA) declare Spain to be free of SVD.
    The Animal and Plant Health Inspection Service (APHIS) reviewed the 
documentation submitted by the Government of Spain in support of its 
request. A team of APHIS officials travelled to Spain to conduct an on-
site evaluation of the country's animal health program with regard to 
the SVD situation in Spain. The evaluation consisted of a review of 
Spain's veterinary services, laboratory and diagnostic procedures, 
vaccination practices, and administration of laws and regulations 
intended to prevent the introduction of SVD into Spain through the 
importation of animals, meat, or animal products. (Details concerning 
the on-site evaluation are available, upon written request, from the 
person listed under FOR FURTHER INFORMATION CONTACT.)
    Based on the information discussed above, we are proposing to amend 
Sec. 94.12(a) by adding Spain to the list of countries declared free of 
SVD. This action would relieve certain restrictions and prohibitions on 
the importation, from Spain, of swine and fresh, chilled, and frozen 
meat of swine.
    However, we are also proposing to amend Sec. 94.13(a) by adding 
Spain to the list of countries that have been declared free of SVD but 
from which the importation of pork and pork products is restricted. The 
countries listed in Sec. 94.13(a) are subject to these restrictions 
because they: (1) Supplement their national pork supply by importing 
fresh, chilled, or frozen pork from countries where SVD is considered 
to exist; (2) have a common land border with countries where SVD is 
considered to exist; or (3) have certain trade practices that are less 
restrictive than are acceptable to the United States.
    Spain supplements its national pork supply by importing fresh, 
chilled, and frozen pork from countries where SVD is considered to 
exist. In addition, Spain has common land borders with Portugal and 
France. These countries are designated in Sec. 94.12(a) as countries 
where SVD exists. As a result, even though Spain appears to qualify for 
designation as a country free of SVD, there is potential for pork and 
pork products produced in Spain to be commingled with the fresh, 
chilled, or frozen meat of animals from a country where SVD exists. 
This potential for commingling constitutes an undue risk of introducing 
SVD into the United States.
    Therefore, we are proposing that pork and pork products, as well as 
any ship's stores, airplane meals, and baggage [[Page 7139]] containing 
such pork, offered for importation into the United States from Spain be 
subject to the restrictions specified in Sec. 94.13 of the regulations 
and to the applicable requirements contained in the regulations of the 
USDA's Food Safety and Inspection Service at 9 CFR chapter III. Section 
94.13 generally requires that pork and pork products be: (1) Prepared 
in an inspected establishment that is eligible to have its products 
imported into the United States under the Federal Meat Inspection Act; 
and (2) accompanied by an additional certification from a full-time 
salaried veterinary official of the national government of the 
exporting country, stating that the pork or pork product has not been 
commingled with or exposed to meat or other animal products originating 
in, imported from, or transported through a country in which SVD is 
considered to exist.
    Because African swine fever exists in Spain, the importation of 
pork and pork products from Spain would continue to be subject to the 
restrictions in Sec. 94.8 for pork and pork products from countries 
where African swine fever exists or is reasonably believed to exist. 
Pork and pork products could be imported into the United States from 
Spain only if processed in accordance with the regulations in 
Sec. 94.8. Live swine importations from Spain would also continue to be 
restricted.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    This proposed rule would amend the regulations in part 94 by adding 
Spain to the list of countries that have been declared free of SVD. 
This action would relieve certain restrictions and prohibitions on the 
importation into the United States, from Spain, of swine and fresh, 
chilled, and frozen meat of swine. However, other requirements would 
continue to restrict the importation of live swine and pork and pork 
products.
    Even without considering the export-constraining affects of the 
restrictions that would remain in effect, it is unlikely that the 
proposed change in Spain's disease status would noticeably affect U.S. 
markets for swine and fresh, chilled, and frozen meat of swine. Due to 
current restrictions, the United States does not import any uncooked 
pork or pork products from Spain. In 1991, The United States did not 
import any pork or pork products from Spain. In 1992, the United States 
imported only 21 metric tons of prepared and preserved pork products 
from Spain, valued at approximately $69,000, and representing only 
0.008 percent of total U.S. pork imports for that year.
    Further, Spain has historically imported significantly larger 
amounts of pork and pork products than it exports. During 1991 and 
1992, Spain imported 66,300 metric tons of pork while exporting only 
13,000 metric tons (``FAO, Production Yearbook, 1992,'' 1992, and 
``FAO, Trade Yearbook,'' 1992). Given Spain's negative trade balance 
for pork and pork products, and since it is unlikely that Spain would 
export a significant portion of its pork exports exclusively to the 
United States, the effect of this proposed rule on U.S. domestic prices 
or supplies or on U.S. businesses, including small entities, is 
expected to be negligible.
    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 12778

    This proposed rule has been reviewed under Executive Order 12778, 
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

    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 proposed 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 would be amended 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 would continue 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, and 4332; 7 CFR 2.17, 2.51, and 
371.2(d).


Sec. 94.12  [Amended]

    2. In Sec. 94.12, paragraph (a), the first sentence would be 
amended by adding ``Spain,'' immediately after ``Rumania,''.


Sec. 94.13  [Amended]

    3. In Sec. 94.13, the introductory text, the first sentence would 
be amended by adding ``Spain,'' immediately after ``Republic of 
Ireland,''.

    Done in Washington, DC, this 1st day of February 1995.
George O. Winegar,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2898 Filed 2-6-95; 8:45 am]
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