[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Rules and Regulations]
[Pages 46179-46181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23213]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 94 and 96

[Docket No. 97-002-2]


Change in Disease Status of Italy, Except the Island of Sardinia, 
Because of African Swine Fever

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Italy, with the exception of the island of 
Sardinia, free of African swine fever because there have been no 
confirmed outbreaks of African swine fever in Italy, except on the 
island of Sardinia, since 1983. This action will relieve certain 
restrictions on the importation into the United States of pork and pork 
products, including swine casings, from all regions of Italy except 
Sardinia. However, because hog cholera and swine vesicular disease 
exist in Italy, and because Italy, as a member state of the European 
Union, has certain trade practices regarding live swine and pork and 
pork products that are less restrictive than are acceptable to the 
United States, the importation into the United States of live swine and 
pork and pork products from Italy will continue to be subject to 
certain restrictions.

EFFECTIVE DATE: September 17, 1997.

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) 734-8695; or 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) prohibit or restrict 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.
    On June 12, 1997, we published in the Federal Register (62 FR 
32051-32053, Docket No. 97-002-1) a proposal to amend the regulations 
to declare Italy, with the exception of the island of Sardinia, free of 
ASF. In that document, we noted that because hog cholera and swine 
vesicular disease exist in Italy, and because Italy, as a member state 
of the European Union, has certain trade practices regarding live swine 
and pork and pork products that are less restrictive than are 
acceptable to the United States, the importation into the United States 
of live swine and pork and pork products from Italy would continue to 
be subject to certain restrictions. We further proposed to amend 
Secs. 94.8 and 96.2 to include the words ``or part of a country'' after 
references to ``a country'' or ``any country'' affected with ASF so 
that the regulations in those sections would remain accurate in light 
of the proposal to recognize less than the entire country of Italy as 
free of ASF. We also proposed to make two nonsubstantive editorial 
changes to the regulations in part 94.
    We solicited comments concerning our proposal for a 60-day period 
ending on August 11, 1997. We received two comments by that date. The 
comments we received were from two foreign meat processor associations 
and supported the proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are

[[Page 46180]]

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 
certain restrictions on the importation into the United States, from 
all regions of Italy except Sardinia, of pork and pork products, 
including swine casings. We have determined that approximately 2 weeks 
are needed to ensure that 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 made 
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.
    This rule amends the regulations in part 94 by removing Italy, 
except the island of Sardinia, 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, including 
swine casings, into the United States from all areas of Italy except 
the island of Sardinia. However, because hog cholera and swine 
vesicular disease exist in Italy, and because Italy, as a member state 
of the European Union, has certain trade practices regarding live swine 
and pork and pork products that are less restrictive than are 
acceptable to the United States, the importation into the United States 
of live swine and pork and pork products from Italy will continue to be 
subject to restrictions. For this reason, no live swine, or fresh, 
chilled, or frozen pork will be imported from Italy as a result of this 
rule change.
    Entities in the United States likely to be affected by this rule 
are those entities engaged in the production of swine and processed 
pork products. According to the Small Business Administration (SBA) 
definition, a ``small entity'' in the production of swine is an entity 
whose total annual sales are less than $0.5 million. Under this 
definition, approximately 96.3 percent of domestic producers are 
considered to be small entities. According to the SBA definition, a 
small entity in the production of pork products, including meat packing 
plants, is an entity employing fewer than 500 workers. In 1992, the 
most recent year for which complete figures are available, over 95 
percent of pork processors of all types were considered small entities.
    It is possible that imports of processed pork products will be 
affected by this rule, but we believe any change will be minimal. Italy 
has not been declared free of swine vesicular disease or hog cholera, 
so there will continue to be restrictions on the importation into the 
United States of pork and pork products, including dry-cured pork 
products, from anywhere in Italy. Given those continuing restrictions, 
we believe any potential increase in imports of processed pork products 
derived from Italian swine will be minimal. The economic impact of a 
slight increase in those imports on U.S. swine producers and processors 
of pork and pork products is likewise expected to be minimal.
    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

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 96

    Imports, Livestock, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR parts 94 and 96 are 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. 94.4  [Amended]

    2. In Sec. 94.4, in the introductory text of paragraph (b)(8) and 
in paragraph (b)(8)(i)(C), footnotes 1 and 2 and their references in 
the text are redesignated as footnotes 2 and 3, respectively.


Sec. 94.6  [Amended]

    3. Section 94.6 is amended as follows:
    a. In paragraph (c)(2), footnote 1 and its reference in the text 
are redesignated as footnote 4.
    b. In the introductory text of paragraph (d), footnote 2 and its 
reference in the text are redesignated as footnote 5.
    c. In paragraph (d)(1)(ix)(C)(1), footnote 3 and its reference in 
the text are redesignated as footnote 6.


Sec. 94.8  [Amended]

    4. Section 94.8 is amended as follows:
    a. In the introductory text of the section, footnote 1 and its 
reference in the text are redesignated as footnote 7, and, in the text 
of newly redesignated footnote 7, the words ``or a part of a country'' 
are added after the word ``country'' the first time it appears.
    b. In the introductory text of the section, the words ``All the 
countries of Africa, Brazil, Cuba, Haiti, Italy, Malta, and Portugal'' 
are removed and the words ``All the countries of Africa; Brazil, Cuba, 
Haiti, Malta, and Portugal; and the island of Sardinia, Italy'' are 
added in their place.
    c. In the introductory text of paragraph (a), the words ``or part 
of a country'' are added after the word ``country''.
    d. In paragraph (a)(3)(i)(A), the words ``or part of a country'' 
are added after the word ``country''.
    e. In paragraph (a)(3)(i)(B), footnote 2 and its reference in the 
text are redesignated as footnote 8, and the words ``country listed'' 
are removed and the words ``country or part of a country listed'' are 
added in their place.
    f. In paragraph (a)(3)(iv)(A), the words ``or parts of countries'' 
are added after the word ``countries''.

[[Page 46181]]

    g. In paragraph (a)(3)(v), the words ``or part of a country'' are 
added after the word ``country''.
    h. In paragraph (c), the words ``or part of a country'' are added 
after the word ``country''.


Sec. 94.9  [Amended]

    5. In Sec. 94.9, paragraph (a), footnote 1 and its reference in the 
text are redesignated as footnote 9, and in paragraph (b)(3) footnote 2 
and its reference in the text are redesignated as footnote 10.


Sec. 94.12  [Amended]

    6. In Sec. 94.12, paragraph (b)(1)(iii)(B), footnote 1 and its 
reference in the text are redesignated as footnote 11, and in paragraph 
(b)(3) footnote 2 and its reference in the text are redesignated as 
footnote 12.


Sec. 94.16  [Amended]

    7. In Sec. 94.16, paragraph (b)(2), footnote 1 and its eight 
references in the text are redesignated as footnote 13.


Sec. 94.17  [Amended]

    8. In Sec. 94.17, in paragraph (a), the word ``subpart'' is removed 
and the word ``section'' is added in its place, and in paragraph (e), 
footnote 1 and its reference in the text are redesignated as footnote 
14.


Sec. 94.18  [Amended]

    9. In Sec. 94.18, in paragraph (c)(2), footnote 1 and its reference 
in the text are redesignated as footnote 15, and in paragraph (d)(1), 
footnote 2 and its reference in the text are redesignated as footnote 
16.

PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS 
OFFERED FOR ENTRY INTO THE UNITED STATES

    10. The authority citation for part 96 continues to read as 
follows:

    Authority: 21 U.S.C. 111, 136, and 136a; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 96.2  [Amended]

    11. In Sec. 96.2, paragraph (a) is amended by adding the words ``or 
part of a country'' after the word ``country'' each time it appears.

    Done in Washington, DC, this 26th day of August 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-23213 Filed 8-29-97; 8:45 am]
BILLING CODE 3410-34-P