[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 14999-15000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8302]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 96-014-1]


Change in Disease Status of The Netherlands Because of Hog 
Cholera and Swine Vesicular Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare The Netherlands free of hog 
cholera and swine vesicular disease. As part of this proposed action, 
we would add The Netherlands to the list of countries that, although 
declared free of hog cholera and swine vesicular disease, are subject 
to restrictions on pork and pork products offered for importation into 
the United States. Declaring The Netherlands free of hog cholera and 
swine vesicular disease appears to be appropriate because there have 
been no confirmed outbreaks of hog cholera and swine vesicular disease 
in The Netherlands since 1992 and 1994, respectively. This proposed 
rule would relieve certain restrictions on the importation of pork and 
pork products into the United States from The Netherlands. However, 
because The Netherlands shares common land borders with countries 
affected by swine vesicular disease, the importation into the United 
States of pork and pork products from The Netherlands would continue to 
be restricted.

DATES: Consideration will be given only to comments received on or 
before June 3, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-014-1, 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. 96-014-1. 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, 
Products Program, National Center for Import and Export, VS, APHIS, 
4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-8688; or 
e-mail: [email protected].

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 of 
various animal diseases, including rinderpest, foot-and-mouth disease, 
African swine fever, hog cholera, and swine vesicular disease (SVD). 
These are dangerous and destructive communicable diseases of ruminants 
and swine.
    Sections 94.9(a) and 94.10(a) of the regulations provide that hog 
cholera exists in all countries of the world except those listed in 
Secs. 94.9(a) and 94.10(a), which are declared to be free of hog 
cholera.
    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 are declared to be free of SVD.
    The last outbreaks of hog cholera and SVD in The Netherlands 
occurred in 1992 and 1994, respectively. This information has been 
confirmed by the Government of The Netherlands.
    The Netherlands has applied to the U.S. Department of Agriculture 
(USDA) to be recognized as free of hog cholera and SVD. The Animal and 
Plant Health Inspection Service (APHIS) has reviewed the documentation 
submitted by the Government of The Netherlands in support of its 
request. A team of APHIS officials recently conducted an on-site 
evaluation of the animal health program in The Netherlands in regard to 
the hog cholera and SVD situation in that country. The evaluation 
consisted of a review of the capability of The Netherlands veterinary 
services, laboratory and diagnostic procedures, disease reporting and 
surveillance procedures, vaccination practices, and the administration 
of laws and regulations to prevent the introduction into The 
Netherlands of hog cholera and SVD through the importation of animals, 
meat, and other animal products.
    Based on our review and on-site evaluation, we are proposing to add 
The Netherlands to the lists of countries in Secs. 94.9(a), 94.10(a), 
and 94.12(a) of the regulations that have been declared free of hog 
cholera and SVD. This action would relieve certain restrictions on the 
importation of pork and pork products into the United States from The 
Netherlands.
    At the same time, we are proposing to add The Netherlands to the 
list of countries in Sec. 94.13 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 are subject to these 
restrictions because at least one of the following conditions applies: 
(1) They supplement their national meat supply by importing fresh, 
chilled, or frozen pork from countries where SVD is considered to 
exist; (2) They have a common land border with countries where SVD is 
considered to exist; or (3) They have certain trade practices that are 
less restrictive than are acceptable to the United States.
    The Netherlands has common land borders with Belgium, which is 
designated in Sec. 94.12(a) as a country in which SVD is considered to 
exist, and it supplements its meat supply by importing fresh, chilled, 
or frozen pork from countries where SVD is considered to exist. As a 
result, even though we propose to designate The Netherlands free of hog 
cholera and SVD, the pork and pork products produced in The Netherlands 
may be commingled with fresh, chilled, or frozen meat of animals from a 
country in which SVD is

[[Page 15000]]
considered to exist, resulting in some risk of contamination.
    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 The Netherlands 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.

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 
The Netherlands to the lists of countries that have been declared free 
of hog cholera and SVD. This action would relieve certain restrictions 
on the importation of pork and pork products into the United States 
from The Netherlands. However, the importation of pork and pork 
products into the United States from The Netherlands would continue to 
be restricted because The Netherlands shares a common land border with 
Belgium, where SVD is considered to exist. While there are inspection 
and certification procedures for ensuring that commingling of pork and 
pork products from the two countries does not take place, these 
procedures are not without cost. Therefore, recognition of The 
Netherlands as free of hog cholera and SVD is not expected to 
significantly affect pork exports to the United States. The total value 
of pork exported to the United States from The Netherlands in 1994 was 
$13.2 million (less than two percent of the value of all U.S. pork 
imports). There were no live swine exported from The Netherlands to the 
U.S. in 1994.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant 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

    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, 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 2.22, 2.80, and 
371.2(d).


Sec. 94.9  [Amended]

    2. In Sec. 94.9, paragraph (a) would be amended by adding ``The 
Netherlands,'' immediately after ``Iceland,''.


Sec. 94.10  [Amended]

    3. In Sec. 94.10, paragraph (a) would be amended by adding ``The 
Netherlands,'' immediately after ``Iceland,''.


Sec. 94.12  [Amended]

    4. In Sec. 94.12, paragraph (a) would be amended by adding ``The 
Netherlands,'' immediately after ``Mexico,''.


Sec. 94.13  [Amended]

    5. In Sec. 94.13, the introductory text, the first sentence would 
be amended by adding ``The Netherlands,'' immediately after 
``Luxembourg''.

    Done in Washington, DC, this 1st day of April 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8302 Filed 4-3-96; 8:45 am]
BILLING CODE 3410-34-P