[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12603-12605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6588]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-084-2]


Change in Disease Status of the Dominican Republic Because of Hog 
Cholera

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations governing the importation of swine, 
pork, and pork products by removing the Dominican Republic from the 
list of regions in which hog cholera is not known to exist. We took 
this action based on reports we received from the Dominican Republic's 
Ministry of Agriculture that an outbreak of hog cholera had occurred in 
the Dominican Republic. As a result of this action, there are 
additional restrictions on the importation of pork and pork products 
into the United States from the Dominican Republic, and the importation 
of swine from the Dominican Republic is prohibited.

EFFECTIVE DATE: The interim rule was effective on August 4, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Senior Staff 
Veterinarian, Products Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 
734-3399.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective August 4, 1997, and published in the 
Federal Register on August 18, 1997 (62 FR 43924-43925, Docket No. 97-
084-1), we amended the regulations governing the importation into the 
United States of pork, pork products, and swine by removing the 
Dominican Republic from the lists in Secs. 94.9(a) and 94.10(a) of 
regions in which hog cholera is not known to exist.
    Comments on the interim rule were required to be received on or 
before October 17, 1997. We received one comment by that date. The 
comment was from a meat processing facility

[[Page 12604]]

located in the Dominican Republic. The commenter proposed changes to 
Sec. 94.9 pertaining to the importation of pork and pork products from 
regions in which hog cholera is known to exist. We are considering the 
suggestions made by the commenter. If we decide to amend Sec. 94.9 as 
suggested, we will publish a proposal in the Federal Register. The 
commenter did not dispute the determination that an outbreak of hog 
cholera has occurred in the Dominican Republic. Therefore, the facts 
presented in the interim rule still provide a basis for the rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866 and 12988 and the Paperwork 
Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations in 9 
CFR part 94 by removing the Dominican Republic from the list of regions 
in which hog cholera is not known to exist. We took this action based 
on a report by the Dominican Republic's Ministry of Agriculture that an 
outbreak of hog cholera had occurred in that country. As a result of 
the interim rule, the importation of swine from the Dominican Republic 
is prohibited, and pork and pork products from the Dominican Republic 
are not eligible for entry into the United States unless cooked or 
cured and dried in accordance with the regulations.
    To comply with the Regulatory Flexibility Act, we considered this 
rule's likely economic impact on small entities. The entities likely to 
be impacted by the removal of the Dominican Republic from the list of 
regions in which hog cholera is not known to exist are entities that 
either produce or import swine or swine products.
    The impact of the interim rule on U.S. producers of swine in 
general is expected to be minimal because the swine industry of the 
Dominican Republic is small compared to the enormous U.S. market. In 
1996, pig stocks in the Dominican Republic totaled 950,000 head, 
whereas pig stocks in the United States totaled more than 58 million 
head. No live pigs were exported from the Dominican Republic to the 
United States in 1996, and exports of swine germ plasm are very 
limited.
    The Small Business Administration's (SBA) definition of a ``small 
entity'' in the production of swine is an entity whose sales total less 
than $0.5 million annually. The vast majority (96.3 percent in 1992) of 
U.S. swine producers qualify as small entities. However, as discussed 
above, the impact on these producers should be minimal.
    The effect of the interim rule on the importation of pork in 
general should be minimal as well. The Dominican Republic produces 
limited amounts of pork; in 1996, the Dominican Republic produced 
62,000 metric tons of pork products, which is less than 1 percent of 
U.S. production. The United States is the second largest pork producer 
in the world, following only China. Declining farm numbers (but almost 
stable production), persistent competitive pressure on producers to 
adopt least-cost production methods, competitive pork prices relative 
to other meats, and a declining U.S. trade deficit in pork are 
indicators that U.S. pork producers hold a strong comparative advantage 
in pork production with respect to most countries in the world. The 
United States expanded its pork exports by more than nine times from 
1986 to 1995 to reach 263,895 metric tons; at the same time, the United 
States decreased its pork imports by approximately 36 percent to 
274,415 metric tons in 1995. Of the decreasing quantity of pork imports 
that do come into the United States, the majority come from Canada, 
which accounted for nearly 75 percent of U.S. pork imports in 1996.
    The SBA's guidelines state that a ``small'' producer of fresh pork, 
part of Standard Industrial Classification (SIC) 2011, meat packing 
plants, or of sausages and other processed meats, SIC 2013, is one 
employing fewer than 500 workers. Establishments that conduct 
slaughtering activities, exclusively, as well as establishments that 
conduct both slaughtering and processing activities are included in SIC 
2011. In 1992, 97 percent of 1,367 meat packing establishments in SIC 
2011 in the United States were small. These plants accounted for 
approximately 40 percent of the $50.4 billion total value of pork 
produced by the industry. That year, 86 establishments were classified 
as strictly working with fresh, processed, and cured pork, and these 
establishments accounted for 26 percent of the total value of pork 
produced. Of 1,264 establishments in SIC 2013 in 1992, 98 percent were 
small. These producers accounted for 84 percent of the total value of 
pork produced by the industry, $19.97 billion. In addition, there were 
121 operations classified as producing processed or cured pork products 
in SIC 2013, and these operations accounted for 21 percent of the total 
value of pork production of this industry. However, the rule should 
lead to, at most, a minimal change in the importation of fresh pork 
products and, therefore, will have a minimal impact on small or large 
domestic producers of pork products.
    The Dominican Republic is a significant source of mixed-sausage 
(sausage that contains some pork) imports into the United States, 
supplying 621 metric tons of a total 1,751 metric tons imported in 
1996. However, this supply of sausage should not be altered by this 
rule change. All of the sausage that was imported into the United 
States in 1996 from the Dominican Republic was cooked, and labels 
placed on the sausage, as well as on cooked salami, at the exporting 
plants show that these products are cooked in accordance with U.S. 
Department of Agriculture regulations. Therefore, these products would 
remain eligible to be imported into the United States. With regard to 
other pig products, the Dominican Republic is a minor producer in the 
world market, and, therefore, an abundance of alternative sources are 
available to importers.
    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.

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.

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

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR 94 and that was published at 62 FR 
43924-43925 on August 18, 1997.

    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).


[[Page 12605]]


    Done in Washington, DC, this 9th day of March 1998.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-6588 Filed 3-13-98; 8:45 am]
BILLING CODE 3410-34-P