[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Rules and Regulations]
[Pages 9174-9175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3107]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2007-0151]


Add Mauritius to the List of Regions Where African Swine Fever 
Exists

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the regulations concerning the importation of 
animals and animal products by adding Mauritius to the list of regions 
where African swine fever exists. We are taking this action because 
outbreaks of African swine fever have been

[[Page 9175]]

confirmed in various locations throughout Mauritius. This action will 
restrict the importation of pork and pork products into the United 
States from Mauritius and is necessary to prevent the introduction of 
African swine fever into the United States.

DATES: This interim rule is effective February 20, 2008. However, we 
are imposing its restrictions retroactively to October 17, 2007. We 
will consider all comments that we receive on or before April 21, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0151 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2007-0151, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2007-0151.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Javier Vargas, Animal Scientist, 
Regionalization Evaluation Services Staff, National Center for Import 
and Export, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-
1231; (301) 734-0756.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of specified animals and animal 
products to prevent the introduction into the United States of various 
animal diseases, including rinderpest, foot-and-mouth disease, bovine 
spongiform encephalopathy, swine vesicular disease, classical swine 
fever, and African swine fever (ASF). These are dangerous and 
destructive 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 and imposes restrictions 
on the importation of pork and pork products into the United States 
from those regions.
    On October 19, 2007, the Republic of Mauritius reported to the 
World Organization for Animal Health three outbreaks of ASF in various 
areas throughout the country. The source of the outbreak is unknown. 
Therefore, in order to prevent the introduction of ASF into the United 
States, we are amending the regulations by adding Mauritius to the list 
in Sec.  94.8 of regions where ASF exists or is reasonably believed to 
exist. As a result of this action, the importation into the United 
States of pork and pork products from Mauritius will be restricted. We 
are imposing this restriction retroactively to October 17, 2007, which 
is the date that the presence of ASF in Mauritius was confirmed.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
introduction of ASF into the United States. Under these circumstances, 
the Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this rule effective less than 
30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review under Executive Order 12866.
    This interim rule amends the regulations by adding Mauritius to the 
list of regions in which ASF exists. This action is necessary on an 
emergency basis to prevent the introduction of ASF into the United 
States.
    The rule will restrict the importation of pork and pork products 
from Mauritius. Mauritius has had no swine or swine products exports to 
the United States in the past several years. Since the United States 
does not currently import any pork or pork products from Mauritius, it 
is unlikely that this interim rule will have any substantial effects on 
trade, or on large or small businesses.
    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 retroactive 
effect to October 17, 2007; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This interim 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.

0
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, CLASSICAL 
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

0
1. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.8  [Amended]

0
2. In Sec.  94.8, the introductory text is amended by adding the word 
``Mauritius,'' after the word ``Malta,''.

    Done in Washington, DC, this 13th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-3107 Filed 2-19-08; 8:45 am]
BILLING CODE 3410-34-P