[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72912-72913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33839]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 99-096-1]


Change in Disease Status of Portugal Because of African Swine 
Fever

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 governing the importation of 
pork and pork products by adding Portugal to the list of regions where 
African swine fever exists. We are taking this action because there has 
been an outbreak of African swine fever in Portugal. This action will 
restrict the importation of pork and pork products into the United 
States from Portugal and is necessary to prevent the introduction of 
African swine fever into the United States.

DATES: Interim rule effective November 5, 1999. We invite you to 
comment on this docket. We will consider all comments that we receive 
by February 28, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
096-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-096-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; or phone (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of certain animals and animal 
products into the United States 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 94.8 of the regulations lists regions of the world where 
African swine fever (ASF) exists or is reasonably believed to exist. 
Section 94.8 also restricts the importation of pork and pork products 
into the United States from the listed regions.
    Prior to the effective date of this interim rule, Portugal was 
considered free of ASF. However, on November 5, 1999, a suspected 
outbreak of ASF was detected in Portugal. The outbreak was confirmed by 
laboratory tests on November 15, 1999. On November 19, 1999, it was 
reported by the Director General of Veterinary Services of Portugal's 
Ministry of Agriculture. Therefore, in order to prevent the 
introduction of ASF into the United States, we are amending the 
regulations by adding Portugal to the list of regions in 94.8 where ASF 
exists or is reasonably believed to exist. We are making this action 
effective retroactively to November 5, 1999, which was the initial date 
of detection. As a result of this action, the importation, into the 
United States, of pork and pork products that left Portugal on or after 
November 5, 1999, will be restricted.

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 ASF 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 this 
action effective less than 30 days after publication. We will consider

[[Page 72913]]

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. The document 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 interim rule amends the regulations governing the importation 
of pork and pork products by adding Portugal to the list of regions 
where ASF exists. We are taking this action because there has been an 
outbreak of ASF in Portugal. This action will restrict the importation, 
into the United States, of pork and pork products that left Portugal on 
or after November 5, 1999. This action is necessary to prevent the 
introduction of ASF into the United States.
    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 interim rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are in conflict with this rule; (2) Has 
retroactive effect to November 5, 1999; 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, we are amending 9 CFR part 94 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. 94.8  [Amended]

    2. In 94.8, the introductory paragraph is amended by removing the 
word ``and'' immediately before ``Malta,'' and adding the word 
``Portugal,'' immediately following ``Malta,''.

    Done in Washington, DC, this 17th day of December 1999 .
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-33839 Filed 12-28-99; 8:45 am]
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