[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Rules and Regulations]
[Pages 56774-56775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24136]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-080-1]


Change in Disease Status of East Anglia Because of Hog Cholera

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the regulations governing the importation of 
swine and pork and pork products by removing East Anglia, a region of 
England that includes the counties of Essex, Norfolk, and Suffolk, from 
the list of regions considered to be free from hog cholera. We are 
taking this action based on reports we have received from Great 
Britain's Ministry of Agriculture, Fisheries and Food that an outbreak 
of hog cholera has occurred in East Anglia. As a result of this action, 
there will be additional restrictions on the importation of pork and 
pork products into the United States from East Anglia, and the 
importation of swine from East Anglia will be prohibited.

DATES: This interim rule was effective August 4, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by November 20, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
080-1, 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. 00-080-1.
    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 dockets, 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, (301) 734-3276.

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 regions where hog 
cholera is known to exist. Section 94.10 of the regulations, with 
certain exceptions, prohibits the importation of swine that originate 
in or are shipped from or transit any region 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 regions of the world except for 
certain regions listed in those sections.
    Prior to the effective date of this interim rule, Great Britain 
(England, Scotland, Wales, and Isle of Man) was included in the lists 
in Secs. 94.9(a) and 94.10(a) of regions in which hog cholera is not 
known to exist. On August 8, 2000, Great Britain's Ministry of 
Agriculture, Fisheries and Food (MAFF) reported that an outbreak of hog 
cholera had occurred in East Anglia, a region of England that includes 
the counties of Essex, Norfolk, and Suffolk. After reviewing the 
reports submitted by MAFF, the Animal and Plant Health Inspection 
Service has determined that it is necessary to remove East Anglia from 
the list of regions considered to be free of hog cholera.
    Therefore, we are amending Secs. 94.9(a) and 94.10(a) by removing 
East Anglia from the list of regions in which hog cholera is not known 
to exist. We are making this amendment effective retroactively to 
August 4, 2000, because that is the day that hog cholera was initially 
suspected in East Anglia. On August 8, 2000, MAFF confirmed East 
Anglia's outbreak of hog cholera. As a result of this action, the 
importation of swine from East Anglia is prohibited, and pork and pork 
products from East Anglia 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. Other regions of England, as 
well as Scotland, Wales, and Isle of

[[Page 56775]]

Man, will remain on the list of regions considered to be free of hog 
cholera in Secs. 94.9(a) and 94.10(a).
    Although we are removing East Anglia from the list of regions in 
which hog cholera is not known to exist, we recognize that MAFF 
immediately responded to the detection of the disease by imposing 
restrictions on the movement of pork, pork products, and swine from the 
affected area and initiating measures to eradicate the disease. At the 
time of publication of this interim rule, it appears that the outbreak 
is well controlled. Because of MAFF's efforts to ensure that hog 
cholera does not spread beyond East Anglia, we intend to reassess the 
situation, in accordance with the standards of the Office International 
des Epizooties. In that reassessment process, we will consider all 
comments received on this interim rule. This future assessment will 
determine whether it is necessary to continue to prohibit the 
importation of swine from East Anglia and restrict the importation of 
pork and pork products from East Anglia or whether we can restore East 
Anglia to the list of regions in which hog cholera is not known to 
exist.

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 this 
action effective on August 4, 2000. 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 East Anglia from the 
list of regions that are considered to be free of hog cholera. We are 
taking this action based on reports we have received from MAFF, which 
confirm that an outbreak of hog cholera has occurred in East Anglia.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule would not have a significant economic impact on a 
substantial number of small entities or publish a 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 August 4, 2000; 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).


    2. In Sec. 94.9, paragraph (a) is revised to read as follows:


Sec. 94.9  Pork and pork products from regions where hog cholera 
exists.

    (a) Hog cholera is known to exist in all regions of the world 
except Australia; Canada; Denmark; England, except for East Anglia 
(Essex, Norfolk, and Suffolk counties); Fiji; Finland; Iceland; Isle of 
Man; New Zealand; Northern Ireland; Norway; the Republic of Ireland; 
Scotland; Sweden; Trust Territory of the Pacific Islands; and 
Wales.\10\
---------------------------------------------------------------------------

    \10\ See also other provisions of this part and parts 92, 95, 
and 96 of this chapter, and 327 of this title for other prohibitions 
and restrictions upon importation of swine and swine products.
---------------------------------------------------------------------------

* * * * *
    3. In Sec. 94.10, paragraph (a), the first sentence is revised to 
read as follows:


Sec. 94.10  Swine from regions where hog cholera exists.

    (a) Hog cholera is known to exist in all regions of the world 
except Australia; Canada; Denmark; England, except for East Anglia 
(Essex, Norfolk, and Suffolk counties); Fiji; Finland; Iceland; Isle of 
Man; New Zealand; Northern Ireland; Norway; the Republic of Ireland; 
Scotland; Sweden; Trust Territory of the Pacific Islands; and Wales. * 
* *
* * * * *

    Done in Washington, DC, this 14th day of September 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-24136 Filed 9-19-00; 8:45 am]
BILLING CODE 3410-34-U