[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Rules and Regulations]
[Pages 8867-8868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4932]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / 
Rules and Regulations  

[[Page 8867]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-007-1]


Change in Disease Status of the Netherlands Because of Hog 
Cholera

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations by removing The Netherlands 
from the list of countries free from hog cholera. We are taking this 
action based on reports we have received from The Netherlands that an 
outbreak of hog cholera has occurred in The Netherlands. As a result of 
this action, there will be additional restrictions on the importation 
of pork and pork products into the United States from The Netherlands, 
and the importation of swine from The Netherlands will be prohibited.

DATES: Interim rule effective February 21, 1997. Consideration will be 
given only to comments received on or before April 28, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-007-1, 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. 97-007-1. 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, 
Animal Products Program, National Center for Import and Export, VS, 
APHIS, Suite 3B05, 4700 River Road Unit 39, Riverdale, MD 20737-1231, 
(301) 734-3399; 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. These 
are dangerous and destructive communicable diseases of ruminants and 
swine. Section 94.9 of the regulations restricts the importation into 
the United States of pork and pork products from countries where hog 
cholera is known to exist. Section 94.10 of the regulations, with 
certain exceptions, prohibits the importation of swine which originate 
in or are shipped from or transit any country in which hog cholera is 
known to exist. Sections 94.9(a) and 94.10(a) of the regulations 
provide that hog cholera exists in all countries of the world except 
for certain countries listed in those sections.
    Prior to the effective date of this interim rule, The Netherlands 
was included in the lists in Secs. 94.9(a) and 94.10(a). The 
Netherlands has reported that an outbreak of hog cholera has occurred 
in that country. After reviewing the reports submitted by The 
Netherlands, APHIS has determined to remove The Netherlands from the 
list of countries free of hog cholera.
    Therefore, we are amending Secs. 94.9(a) and 94.10(a) by removing 
The Netherlands from the list of countries declared to be free of hog 
cholera. As a result of this action, the importation of swine from The 
Netherlands is prohibited, and pork and pork products from The 
Netherlands will not be eligible for entry into the United States 
unless the pork or pork products are cooked or cured and dried in 
accordance with the regulations.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the introduction of hog 
cholera into the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

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.
    The United States has been notified that an outbreak of hog cholera 
has occurred in The Netherlands. Hog cholera is a contagious viral 
disease of swine. The impact of an outbreak for U.S. swine producers 
would be economically damaging, as described in a recent APHIS study 
(``Costs of a Potential Hog Cholera Outbreak,'' C. Matthew Rendleman, 
May 9, 1994). In that study, a range of scenarios was set forth, from 
infection of herds in a single State to a nationwide outbreak. 
Potential costs to producers, consumers, and taxpayers were estimated 
to range from $34 million to $5.4 billion in 1992 dollars.
    The Netherlands has only been recognized free of hog cholera since 
August 1996 (61 FR 40292-40293, Docket No. 96-014-2, which was 
published on August 2, 1996 and effective on August 19, 1996). 
Consequently, any effects of that rule change on pork imports from The 
Netherlands would have had little time to develop. Moreover, even with 
hog cholera free status, inspection and certification procedures were 
required to ensure that pork imports originating in The Netherlands 
were not commingled with pork from neighboring countries having swine 
vesicular disease.

[[Page 8868]]

    In 1995, the year before The Netherlands was declared free of hog 
cholera, U.S. pork imports from The Netherlands were valued at $14.5 
million (less than 2 percent of the total value of all U.S. pork 
imports that year). No live swine or fresh pork were imported from The 
Netherlands in 1995.
    Removing The Netherlands from the list of countries free of hog 
cholera is not expected to significantly affect U.S. entities, large or 
small. The value of pork products imported by the United States from 
The Netherlands is expected to be much the same as it was before The 
Netherlands acquired hog cholera free status 6 months ago.
    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 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), EXOTIC 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. 94.9  [Amended]

    2. In Sec. 94.9, paragraph (a) is amended by removing the phrase 
``The Netherlands,''.


Sec. 94.10  [Amended]

    3. In Sec. 94.10, paragraph (a) is amended by removing the phrase 
``The Netherlands,''.

    Done in Washington, DC, this 21st day of February 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-4932 Filed 2-26-97; 8:45 am]
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