[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Rules and Regulations]
[Pages 43305-43307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21455]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 96-025-2]


Change in Disease Status of Spain Because of African Swine Fever

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations by declaring Spain free of 
African swine fever. This action is appropriate because there have been 
no confirmed outbreaks of African swine fever in Spain since September 
1994. This rule relieves 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

[[Page 43306]]

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 continues to be subject to certain restrictions.

EFFECTIVE DATE: September 6, 1996.

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.
    On May 29, 1996, we published in the Federal Register (61 FR 26850-
26852, Docket No. 96-025-1) a proposal to amend 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, and would eliminate 
requirements on the curing time for Spanish hams and other pork 
products offered for importation into the United States from Spain.
    We solicited comments concerning our proposal for 60 days ending 
July 29, 1996. We received 5 comments by that date. They were from 
representatives of industry and a foreign government. All responses 
were in favor of the provisions outlined in the proposed 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 removes Spain 
from the list of countries where ASF exists or is reasonably believed 
to exist. This action relieves 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, and eliminates requirements on the curing time for Spanish 
hams and other pork products offered for importation into the United 
States from Spain. 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.
    In accordance with 5 U.S.C. 601 et seq., we have performed a Final 
Regulatory Flexibility Analysis, which is set out below, regarding the 
impact of this rule on small entities.
    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 rule amends the regulations in part 94 by removing Spain from 
the list of countries where ASF exists or is reasonably believed to 
exist. This action relieves 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 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, 
we expect the impact of relieving restrictions on live swine imports 
from Spain on these producers 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 this rule. 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 this rule on these entities will 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

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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 this rule are 
a small number of domestic producers of specific specialty pork 
products. 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 36 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 can expect to export 
to the United States will likely not exceed 500 metric tons annually, 
and this ceiling will likely not be reached for a period of about 5 
years because the imports arriving in the United States from Spain will 
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 
products that will 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 this rule on these large companies 
will 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 rule was 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.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, 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

    This 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 is 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 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 2.22, 2.80, and 
371.2(d).


Sec. 94.8  [Amended]

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

    Done in Washington, DC, this 16th day of August 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-21455 Filed 8-21-96; 8:45 am]
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