[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Rules and Regulations]
[Pages 28619-28620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13716]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-040-1]


Change in Disease Status of Spain 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 Spain from the 
list of countries considered to be free from hog cholera. We are taking 
this action based on reports we have received from Spain's Ministry of 
Agriculture that an outbreak of hog cholera has occurred in Spain. As a 
result of this action, there will be additional restrictions on the 
importation of pork and pork products into the United States from 
Spain, and the importation of swine from Spain will be prohibited.

DATES: Interim rule effective April 18, 1997. Consideration will be 
given only

[[Page 28620]]

to comments received on or before July 28, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-040-1, 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. 97-040-1. 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, 
Suite 3B05, 4700 River Road Unit 40, 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, Spain was 
included in the lists in Secs. 94.9(a) and 94.10(a). On April 18, 1997, 
Spain's Ministry of Agriculture reported that an outbreak of hog 
cholera had occurred in that country. After reviewing the reports 
submitted by Spain's Ministry of Agriculture, the Animal and Plant 
Health Inspection Service (APHIS) has determined it to be necessary to 
remove Spain from the list of countries considered to be free of hog 
cholera.
    Therefore, we are amending Secs. 94.9(a) and 94.10(a) by removing 
Spain from the list of countries considered to be free of hog cholera. 
We are making this amendment effective retroactively to April 18, 1997, 
because that is the day that an outbreak of hog cholera was confirmed 
by Spain's Ministry of Agriculture. As a result of this action, the 
importation of swine from Spain is prohibited, and pork and pork 
products from Spain 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 on April 18, 1997. 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.
    This action amends the regulations by removing Spain from the list 
of countries that are considered to be free of hog cholera. We are 
taking this action based on reports we have received from Spain's 
Ministry of Agriculture, which confirm that an outbreak of hog cholera 
has occurred in Spain.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule would 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our Final Regulatory Flexibility 
Analysis.

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 retroactive 
effect to April 18, 1997; 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 word 
``Spain,''.


Sec. 94.10  [Amended]

    3. In Sec. 94.10, paragraph (a) is amended by removing the word 
``Spain,''.

    Done in Washington, DC, this 19th day of May 1997.
Donald L. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-13716 Filed 5-23-97; 8:45 am]
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