[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Pages 26850-26852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13406]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 96-025-1]


Change in Disease Status of Spain Because of African Swine Fever

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Spain free of African swine fever. 
Declaring Spain free of African swine fever appears to be appropriate 
because there have been no confirmed outbreaks of African swine fever 
in Spain since September 1994. This proposed rule would relieve 
restrictions on the importation of pork and pork products into the 
United States from Spain. However, because Spain shares common land 
borders with countries affected by certain swine diseases and because 
Spain, as a member state of the European Union, has certain trade 
practices that are less restrictive than are acceptable to the United 
States, the importation into the United States of pork and pork 
products from Spain would continue to be subject to certain 
restrictions.

DATES: Consideration will be given only to comments received on or 
before July 29, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-025-1, 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. 96-025-1. 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 into 
the United States of various animal diseases, including rinderpest, 
foot-and-mouth disease, bovine spongiform encephalopathy, swine 
vesicular disease, hog cholera, and African swine fever (ASF). These 
are dangerous and destructive communicable diseases of ruminants and 
swine.
    Section 94.8 of the regulations provides that ASF exists or is 
reasonably believed to exist in all the countries of Africa, Brazil, 
Cuba, Haiti, Italy, Malta, Portugal, and Spain. We will consider 
declaring a country to be free of ASF 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 ASF in Spain occurred in September 1994. The 
Government of Spain has requested that the U.S. Department of 
Agriculture (USDA) recognize Spain to be free of ASF.
    The Animal and Plant Health Inspection Service (APHIS) has reviewed 
the documentation submitted by the Government of Spain in support of 
its request. A team of APHIS officials traveled to Spain in July 1994 
to conduct an on-site evaluation of Spain's animal health program with 
regard to African horse sickness. 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 communicable animal diseases 
into Spain. We believe that the July 1994 on site evaluation was 
sufficient to provide APHIS with a complete picture of Spain's animal 
health program with regard to ASF, as well. Therefore, we have used the 
findings of the July 1994 on-site evaluation as part of the basis for 
this proposed rule. (Details concerning the July 1994 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. 94.8 of the regulations by removing Spain from the list of 
countries where ASF exists or is reasonably believed to exist. This 
action would relieve certain restrictions on the importation of pork 
and pork products into the United States from Spain, including 
restrictions on the importation of live swine and fresh pork and pork 
products. This action would also eliminate requirements on the curing 
time for Spanish hams and other pork products offered for importation 
into the United States from Spain.
    However, the importation of pork and pork products into the United 
States from Spain would continue to be subject to certain restrictions 
because Spain appears in the list of countries in Sec. 94.11 that have 
been declared free of rinderpest and foot-and-mouth disease (FMD), but 
from which the importation of pork and pork products is restricted, and 
Spain appears in the list of countries in Sec. 94.13 that have been 
declared free of swine vesicular disease (SVD), but from which the 
importation of pork and pork products is restricted. The countries 
listed in Secs. 94.11 and 94.13 are subject to these restrictions 
because they: (1) Supplement their national pork supply by importing 
fresh, chilled, or frozen pork from countries where rinderpest, FMD, or 
SVD, respectively, is considered to exist; (2) have a common border 
with countries where rinderpest, FMD, or SVD, respectively, is 
considered to exist; or (3) have certain trade practices that are less 
restrictive than are acceptable to the United States. Spain shares 
common land borders with France, a country affected by SVD, and 
Portugal, a country affected by rinderpest, FMD, and SVD. Additionally, 
as a member state of the European Union (EU), Spain trades without 
restrictions with other member states of the EU that are affected by 
rinderpest, FMD, and/or SVD. These trade practices could allow live 
swine, pork, or pork products produced in Spain to be commingled with 
live swine, pork, or pork products from a country affected by 
rinderpest, FMD, and/or SVD, resulting in an undue risk of the 
introduction of these diseases into the United States. As such, 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 Spain would be subject to the restrictions specified in 
Secs. 94.11 and 94.13 of the regulations and to the applicable 
requirements contained in the regulations of the USDA's Food Safety and 
Inspection Service (FSIS) at 9 CFR chapter III. Sections 94.11 and 
94.13 generally require that pork and pork products be: (1) Prepared in 
an

[[Page 26851]]

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 rinderpest, 
FMD, or SVD, respectively, 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.
    In accordance with 5 U.S.C. 603, we have performed an Initial 
Regulatory Flexibility Analysis, which is set out below, regarding the 
impact of this proposed rule on small entities. However, we do not 
currently have all the data necessary for a comprehensive analysis of 
the effects of this proposed rule on small entities. Therefore, we are 
inviting comments on potential effects. In particular, we are 
interested in determining the number and kind of small entities that 
may incur benefits or costs from the implementation of this proposed 
rule.
    In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and 
134a, the Secretary of Agriculture has the authority to promulgate 
regulations and take measures to prevent the introduction into the 
United States, and the interstate dissemination within the United 
States, of communicable diseases of livestock and poultry.
    This proposed rule would amend the regulations in part 94 by 
removing Spain from the list of countries where ASF exists or is 
reasonably believed to exist. This action would relieve certain 
restrictions on the importation of live swine, pork, and pork products 
into the United States from Spain. However, because of Spain's 
proximity to France and Portugal (countries affected by serious swine 
diseases) and Spain's trading practices as a member state of the 
European Union, other requirements would continue to restrict the 
importation of pork and pork products from Spain.
    In 1992, the majority (approximately 96.3 percent) of all hog and 
pig farmers in the United States qualified as small entities. However, 
the impact of relieving restrictions on live swine imports from Spain 
on these producers is expected to be minimal because the swine industry 
of Spain is relatively small compared to the market in the United 
States. In 1994, swine production in Spain was estimated to be 26.7 
million head, compared to swine production in the United States of over 
100 million head. Also, in 1994, Spain exported a little more than 0.5 
million live swine, or less than 2 percent of its total swine 
production, and all of those animals were directed to countries in 
Europe.
    Total imports of live swine into the United States are very small 
relative to domestic production. In 1993, only 1.75 million head were 
imported into the United States. Due to transportation costs and other 
factors, nearly all of the live swine imported into the United States 
(more than 99.8 percent in 1993) are from Canada. Most of the live 
swine that are imported from Western Europe into the United States are 
imported in very small numbers, to be used for genetic improvements of 
domestic stock. We expect that the importation of swine embryos and 
semen will not increase as a result of the proposed change. Movement of 
swine embryos and semen is limited because the technology is not as 
advanced as it is for other species.
    Like domestic swine producers, the majority of pork producers (97 
percent of 1367 meat packing establishments and 98 percent of 1264 
other processing plants, according to 1992 data) qualify as small 
entities. We expect the effect of the proposed amendment on these 
entities would be minimal because, while Spain produces a considerable 
amount of pork (2.107 million metric tons in 1994), its total pork 
production amounts to only about 26 percent of the total pork 
production of the United States. Additionally, most of Spain's pork 
production is consumed within Spain, as its population consumes pork at 
a rate greater than 1.6 times that of the U.S. population.
    In 1994, Spain exported approximately 83,000 metric tons of pork, 
but more than 97 percent of these exports were to European countries. 
While Spanish exports of pork are growing and its imports of pork are 
declining, Spain has historically been a net importer of pork. From 
1991 to 1993, Spain imported well over twice as much pork as it 
exported. Even if Spain were able to redirect all of its exports of 
pork to the United States, it would constitute a small portion of the 
domestic market, as U.S. pork production was 8 million metric tons in 
1994.
    Since 1985, the United States has expanded its pork exports by more 
than four times to reach 240,858 metric tons in 1994. Simultaneously, 
the United States has decreased its pork imports, as exemplified by a 
decrease of approximately 34 percent in 1994, and the trend is 
continuing. In an average year, up to 90 percent of pork imported into 
the United States comes from Canada and Denmark.
    Domestic pork producers most likely to be affected by the 
amendments in this proposal are a small number of domestic producers of 
specific specialty pork products. If the proposed rule is adopted, we 
anticipate increased imports into the United States from Spain of dry-
cured, ready-to-eat ham; dry-cured, salted, boneless loin; and dry-
cured sausages, particularly Serrano ham. Most of these products are 
similar to Parma and prosciutto hams and other cured pork products 
being produced domestically and produced in other countries for 
importation into the United States, but Serrano ham is a specialty 
product with unique water content, color, aroma, and flavor.
    Spain currently produces approximately 350,000 metric tons of all 
types of cured ham per year. It is estimated that in 1994 more than 
975,000 metric tons of all types of cured ham were produced in the 
United States. While Spanish production of all types of cured ham 
represents approximately 27.9 percent of U.S. cured ham production, 
Spain's domestic consumption of cured pork is considerably higher than 
consumption in the United States. About 40 percent of Spain's total 
pork consumption consists of cured pork. In 1994, Spain exported only 
4,135 metric tons of cured ham, which amounts to significantly less 
than 1 percent of total U.S. production of cured pork. These exports 
were directed primarily to France, Argentina, Portugal, and Germany.
    From all indications, only a few of the largest 18 cured pork 
producers in Spain, which account for 50 percent of Spanish production 
of cured pork, have an interest in or a capability for penetrating the 
U.S. market over the foreseeable future. Further, we estimate that the 
maximum amount of cured pork products that Spain could expect to export 
to the United States would not likely exceed 500 metric tons annually, 
and this ceiling would not likely be reached for a period of about five 
years because the imports arriving in the United States from Spain 
would still be required to meet Food Safety and Inspection Service 
standards before entering the country.
    We estimate that there are approximately 15 companies in the United 
States producing significant amounts of specialty processed pork

[[Page 26852]]

products that would compete with the potential imports from Spain. A 
small portion of these producers are very large, and these specialty 
products constitute only a small fraction of their overall business. 
Therefore, we expect the impact of the proposed change on these large 
companies would be minimal. However, the small producers may be 
impacted by additional imports. Yet, without specific information on 
(1) the quantity of additional imports generated by the rule change, 
(2) the quantity of domestic production, and (3) the degree to which 
Spanish imports will displace other imports rather than domestic 
production, the impact on small domestic producers cannot be predicted.
    An alternative to this proposed rule is to make no changes in the 
regulations. We rejected this alternative because Spain has had no 
reported cases of ASF since September 1994, and, therefore, we have no 
scientific reason to continue considering Spain to be a country where 
ASF exists.
    This proposed rule contains no information collection or 
recordkeeping requirements.

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. 94.8  [Amended]

    2. In Sec. 94.8, the introductory text would be amended by removing 
the words ``, and Spain'' and by adding the word ``and'' immediately 
preceding the word ``Portugal''.

    Done in Washington, DC, this 22nd day of May 1996.
Donald Husnik,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-13406 Filed 5-28-96; 8:45 am]
BILLING CODE 3410-34-P