[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58201-58203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28763]



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[[Page 58202]]


DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 95-055-2]


Change in Disease Status of Germany Because of Swine Vesicular 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Germany free of swine vesicular disease. As 
part of this action, we are adding 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. There have been no confirmed outbreaks of swine 
vesicular disease in Germany since 1981. This rule relieves 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 will 
continue to be restricted.

EFFECTIVE DATE: December 12, 1995.

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.
    On August 29, 1995, we published in the Federal Register (60 FR 
44785-44786, Docket No. 95-055-1) a proposal to amend the regulations 
by adding Germany to the list in Sec. 94.12(a) of countries declared 
free of SVD. We further proposed to add Germany to the list in 
Sec. 94.13 of countries that have been declared free of SVD, but from 
which the importation of pork and pork products is restricted. These 
actions would relieve certain restrictions on the importation of pork 
and pork products into the United States from Germany.
    We solicited comments concerning our proposal for 60 days ending 
October 30, 1995. We did not receive any comments. The facts presented 
in the proposed rule still provide the basis for this final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

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. This rule relieves 
certain restrictions on the importation of pork and pork products into 
the United States from Germany. We have determined that approximately 2 
weeks are needed to ensure that the Animal and Plant Health Inspection 
Service personnel at ports of entry receive official notice of this 
change in the regulations. Therefore, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this rule 
should be effective 15 days after publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 rule amends the regulations in part 94 by adding Germany to 
the list of countries that have been declared free of SVD. This action 
relieves certain restrictions on the importation of pork and pork 
products into the United States from Germany. However, other 
requirements 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 remain unchanged. The only area of pork importation that 
may be affected by this rule 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 may 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 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 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 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this 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 as follows: 

[[Page 58203]]


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, and 4332; 7 CFR 2.17, 2.51, and 
371.2(d).


Sec. 94.12  [Amended]

    2. In Sec. 94.12, paragraph (a) is amended by adding ``Germany,'' 
immediately after ``Finland,''.


Sec. 94.13  [Amended]

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

    Done in Washington, DC, this 20th day of November 1995.
Terry Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-28763 Filed 11-24-95; 8:45 am]
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