[Federal Register Volume 60, Number 167 (Tuesday, August 29, 1995)]
[Proposed Rules]
[Pages 44785-44786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21288]



      
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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 60, No. 167 / Tuesday, August 29, 1995 / 
Proposed Rules  


[[Page 44785]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 95-055-1]


Change in Disease Status of Germany 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 Germany free of swine vesicular 
disease. As part of this proposed action, we would add Germany 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 Germany free of swine 
vesicular disease appears to be appropriate because there have been no 
confirmed outbreaks of swine vesicular disease in Germany since 1981. 
This proposed rule would relieve certain restrictions on the 
importation of pork and pork products into the United States from 
Germany. However, because Germany shares common land borders with 
countries affected by swine vesicular disease, imports pork products 
from countries affected by swine vesicular disease, and is still 
considered to be affected with hog cholera, the importation into the 
United States of pork and pork products from Germany would continue to 
be restricted.

DATES: Consideration will be given only to comments received on or 
before October 30, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-055-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-055-1. 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 Cougill, Staff Veterinarian, 
Import/Export Products, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-
8695.

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. The last case of SVD in Germany that was confirmed by 
laboratory procedures occurred in 1981. Clinical symptoms similar to 
SVD were recognized in a herd in Germany in 1985, and that case was 
reported as SVD by the Regional Veterinary Officer in Germany, but 
laboratory tests failed to confirm SVD. There have been no reports of 
SVD in Germany since that time. Based on Germany's apparent current and 
recent freedom from SVD, the Government of Germany has requested that 
the U.S. Department of Agriculture (USDA) recognize Germany to be free 
of SVD.
    The Animal and Plant Health Inspection Service (APHIS) reviewed the 
documentation submitted by the Government of Germany in support of its 
request. A team of APHIS officials traveled to Germany in September 
1993 to conduct an on-site evaluation of the country's animal health 
program with regard to the foot-and-mouth disease (FMD) and rinderpest 
situation in Germany. The evaluation consisted of a review of Germany's 
veterinary services, laboratory and diagnostic procedures, vaccination 
practices, and administration of laws and regulations intended to 
prevent the introduction of FMD and rinderpest into Germany. We believe 
that the 1993 on-site evaluation was sufficient to provide APHIS with a 
complete picture of Germany's animal health program with regard to SVD, 
as well. Therefore, we have used the findings of the 1993 on-site 
evaluation as part of the basis for this proposed rule. (Details 
concerning the 1993 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 Germany to the list of countries declared free 
of SVD. This action would relieve certain requirements on the 
importation of pork and pork products from Germany.
    However, we are also proposing to amend Sec. 94.13(a) by adding 
Germany 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 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.
    Germany supplements its national pork supply by importing fresh, 
chilled, and frozen pork from countries where SVD is considered to 
exist. In addition, Germany has common land borders with Belgium, 
Czechoslovakia, France, the Netherlands, and Poland. These countries 
are designated in Sec. 94.12(a) as countries where SVD exists. As a 
result, even though Germany appears to qualify for designation as a 
country free of SVD, there is potential for pork and pork products 
produced in Germany 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 

[[Page 44786]]
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 containing such pork, 
offered for importation into the United States from Germany 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 
requires, in part, 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 a foreign meat inspection certificate as well as a 
certification issued by a full-time salaried veterinary official of the 
national government of the exporting country, stating that certain 
precautions have been satisfied so that the pork or pork product has 
not been commingled with or exposed to animals, pork, or pork products 
originating in, or transported through, a country in which SVD is 
considered to exist.
    Because hog cholera exists in Germany, the importation of pork and 
pork products from Germany would continue to be subject to the 
restrictions in Sec. 94.9 for pork and pork products from countries 
where hog cholera exists. The importation of live swine, except for 
wild swine, from Germany would continue to be prohibited due to hog 
cholera, in accordance with Sec. 94.10. 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 
Germany to the list of countries that have been declared free of SVD. 
This action would relieve certain restrictions on the importation of 
pork and pork products into the United States from Germany. However, 
other requirements would continue to restrict the importation of live 
swine and pork and pork products.
    Because of the continued presence of hog cholera in Germany, nearly 
all of the current U.S. restrictions on the importation of pork and 
pork products would remain unchanged. The only area of pork importation 
that may be affected should Germany be declared free of SVD is cured 
and dried pork imports. A lengthy curing and drying period is required 
at present for pork and pork products originating from countries with 
SVD (see 9 CFR 94.17). The restriction for hog cholera is much shorter, 
requiring that the meat be thoroughly cured and fully dried for a 
period of not less than 90 days so that the product is shelf stable 
without refrigeration (see 9 CFR 94.9).
    A shorter and less costly curing and drying period for pork and 
pork products could lead to Germany's increased participation in the 
U.S. market, depending on the competitiveness of the market for 
imported cured and dried pork and pork products. However, the impact 
for U.S. importers and consumers is not expected to be significant. In 
the fiscal year 1993-94, Germany exported 232 tons of prepared or 
preserved pork to the United States, which amounted to only 0.25 
percent of the total quantity imported into 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) would be amended by adding 
``Germany,'' immediately after ``Finland,''.


Sec. 94.13  [Amended]

    3. In Sec. 94.13, the introductory text, the first sentence would 
be amended by adding ``Germany,'' immediately after ``Denmark,''.

    Done in Washington, DC, this 22nd day of August 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-21288 Filed 8-28-95; 8:45 am]
BILLING CODE 3410-34-P