[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Proposed Rules]
[Pages 63633-63634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30463]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 66, No. 237 / Monday, December 10, 2001 / 
Proposed Rules  

[[Page 63633]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-026-1]


Change in Disease Status of Portugal Because of African Swine 
Fever

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to remove Portugal from the list of regions 
where African swine fever exists. We are proposing this action because 
Portugal is now free of African swine fever. This action would relieve 
restrictions due to African swine fever on the importation of pork and 
pork products into the United States from Portugal. However, because 
Portugal is on the list of regions where hog cholera exists and the 
list of regions that are subject to certain restrictions because of 
their proximity to or trading relationships with rinderpest-or foot-
and-mouth disease-affected countries, Portugal would continue to be 
subject to certain restrictions regarding the importation into the 
United States of pork and pork products.

DATES: We invite you to comment on this docket. We will consider all 
comments we receive that are postmarked, delivered, or e-mailed by 
February 8, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-026-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-026-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-026-1'' on the subject line.
    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) 734-4356.

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 
(FMD), African swine fever (ASF), 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 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.
    On December 29, 1999, we published in the Federal Register an 
interim rule (64 FR 72912-72913, Docket No. 99-096-1) that added 
Portugal to the list in Sec. 94.8 of regions where ASF exists because 
the presence of ASF was confirmed in that region on November 15, 1999. 
As a result of that action, the importation into the United States of 
any pork and pork products that left Portugal on or after November 5, 
1999, the effective date of that interim rule, was restricted. We 
adopted the interim rule without change in a document published in the 
Federal Register on August 28, 2000 (65 FR 51997, Docket No. 99-096-2).
    Portugal responded quickly to the presence of ASF, which was 
confined to four premises. Following depopulation of the affected 
herds, Portugal conducted extensive serological surveillance. This 
testing indicated that ASF had not spread beyond the affected premises. 
The Government of Portugal recently requested that APHIS recognize 
Portugal as a region considered free of ASF.
    In response to that request, we reviewed the documentation 
submitted by the Government of Portugal in support of its request, and 
a team of APHIS officials performed a site visit to conduct an 
evaluation of Portugal's animal health program with regard to ASF. You 
may review the on-site evaluation on the Internet at http://www.aphis.usda.gov/vs/reg-request.html. The evaluation consisted of a 
review of Portugal's veterinary service infrastructure, laboratory and 
diagnostic procedures, vaccination practices, and administration of 
laws and regulations intended to prevent the introduction of 
communicable animal diseases into Portugal. After reviewing the 
documentation provided by Portugal and the data gathered during the 
site visit by APHIS officials, we have determined that Portugal 
qualifies to be recognized as free of ASF.
    However, Portugal is still considered to be affected with hog 
cholera, also known as classical swine fever, so pork and pork products 
from Portugal offered for importation into the United States would 
remain subject to the restrictions in Sec. 94.9 for hog cholera. 
Similarly, dry-cured pork products from Portugal would continue to be 
subject to the restrictions in Sec. 94.17 due to hog cholera. 
Additionally, pork and pork products from Portugal would continue to be 
subject to the restrictions in Sec. 94.11 because Portugal is one of 
the countries listed in Sec. 94.11(a) that have been declared free of 
rinderpest and FMD, but from which the importation of meat and other 
animal products is restricted due to the nature of their trade with 
countries affected with rinderpest or FMD or because they have a land 
border with a country affected with rinderpest or FMD.

[[Page 63634]]

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required under Executive Order 12866.
    We are proposing to remove Portugal from the list of regions where 
ASF exists. We are proposing this action because Portugal is now free 
of ASF. This action would relieve restrictions due to ASF on the 
importation of pork and pork products into the United States from 
Portugal. However, because Portugal is on the list of regions where hog 
cholera exists and the list of regions that are subject to certain 
restrictions because of their proximity to or trading relationships 
with rinderpest- or FMD-affected countries, Portugal would continue to 
be subject to certain restrictions regarding the importation into the 
United States of pork and pork products.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    Entities in the United States likely to be affected by this 
proposed rule include those engaged in the production of swine and 
processed pork products. Since Portugal has never exported pork or pork 
products to the United States, we anticipate that this proposed rule 
would have no economic effect on U.S. swine importers, hog meat 
processors, hog producers, or any other entities, large or small. 
However, should Portugal commence the exportation of pork and pork 
products to the United States, restrictions on the importation of pork 
and pork products into the United States from Portugal would still be 
in place because Portugal is on the list of regions where hog cholera 
exists and the list of regions that are subject to certain restrictions 
because of their proximity to or trading relationships with rinderpest-
or FMD-affected countries. Given those continuing restrictions, we 
believe any potential imports of processed pork and pork products from 
Portugal would be minimal. Likewise, because any potential increase in 
imports of processed pork and pork products from Portugal would be 
slight, the potential effect on U.S. swine producers and processors of 
pork is expected to be minimal.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no 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 propose to amend 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 would continue to read as 
follows:

    Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 
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 371.4.


Sec. 94.8  [Amended]

    2. In Sec. 94.8, the introductory text of the section would be 
amended by removing the word ``Portugal,''.

    Done in Washington, DC, this 4th day of December, 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-30463 Filed 12-7-01; 8:45 am]
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