Change in Disease Status of Germany Because of Swine Vesicular Disease

[[Page 58202]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 95-055-2]

Change in Disease Status of Germany Because of Swine Vesicular

Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Germany free of swine vesicular disease. As

part of this action, we are adding Germany to the list of countries

that, although declared free of swine vesicular disease, are subject to

restrictions on pork and pork products offered for importation into the

United States. There have been no confirmed outbreaks of swine

vesicular disease in Germany since 1981. This rule relieves certain

restrictions on the importation of pork and pork products into the

United States from Germany. However, because Germany shares common land

borders with countries affected by swine vesicular disease, imports

pork products from countries affected by swine vesicular disease, and

is still considered to be affected with hog cholera, the importation

into the United States of pork and pork products from Germany will

continue to be restricted.

EFFECTIVE DATE: December 12, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian,

Import/Export Products, National Center for Import and Export, VS,

APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-

8695.

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 into

the United States of various animal diseases, including rinderpest,

foot-and-mouth disease (FMD), bovine spongiform encephalopathy, African

swine fever, hog cholera, and swine vesicular disease (SVD). These are

dangerous and destructive communicable diseases of ruminants and swine.

On August 29, 1995, we published in the Federal Register (60 FR

44785-44786, Docket No. 95-055-1) a proposal to amend the regulations

by adding Germany to the list in Sec. 94.12(a) of countries declared

free of SVD. We further proposed to add Germany to the list in

Sec. 94.13 of countries that have been declared free of SVD, but from

which the importation of pork and pork products is restricted. These

actions would relieve certain restrictions on the importation of pork

and pork products into the United States from Germany.

We solicited comments concerning our proposal for 60 days ending

October 30, 1995. We did not receive any comments. The facts presented

in the proposed rule still provide the basis for this final rule.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule without

change.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. This rule relieves

certain restrictions on the importation of pork and pork products into

the United States from Germany. We have determined that approximately 2

weeks are needed to ensure that the Animal and Plant Health Inspection

Service personnel at ports of entry receive official notice of this

change in the regulations. Therefore, the Administrator of the Animal

and Plant Health Inspection Service has determined that this rule

should be effective 15 days after publication in the Federal Register.

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 rule amends the regulations in part 94 by adding Germany to

the list of countries that have been declared free of SVD. This action

relieves certain restrictions on the importation of pork and pork

products into the United States from Germany. However, other

requirements continue to restrict the importation of live swine and

pork and pork products.

Because of the continued presence of hog cholera in Germany, nearly

all of the current U.S. restrictions on the importation of pork and

pork products remain unchanged. The only area of pork importation that

may be affected by this rule is cured and dried pork imports. A lengthy

curing and drying period is required at present for pork and pork

products originating from countries with SVD (see 9 CFR 94.17). The

restriction for hog cholera is much shorter, requiring that the meat be

thoroughly cured and fully dried for a period of not less than 90 days

so that the product is shelf stable without refrigeration (see 9 CFR

94.9).

A shorter and less costly curing and drying period for pork and

pork products may lead to Germany's increased participation in the U.S.

market, depending on the competitiveness of the market for imported

cured and dried pork and pork products. However, the impact for U.S.

importers and consumers is not expected to be significant. In the

fiscal year 1993-94, Germany exported 232 tons of prepared or preserved

pork to the United States, which amounted to only 0.25 percent of the

total quantity imported into the United States. The effect of this rule

on U.S. domestic prices or supplies or on U.S. businesses, including

small entities, is expected to be negligible.

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 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this rule have been approved by the Office of Management

and Budget (OMB), and there are no new requirements. The assigned OMB

control number is 0579-0015.

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, 9 CFR part 94 is amended as follows:

[[Page 58203]]

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), VELOGENIC VISCEROTROPIC 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 2.17, 2.51, and

371.2(d).

Sec. 94.12 [Amended]

2. In Sec. 94.12, paragraph (a) is amended by adding ``Germany,''

immediately after ``Finland,''.

Sec. 94.13 [Amended]

3. In Sec. 94.13, the introductory text, the first sentence is

amended by adding ``Germany,'' immediately after ``Denmark,''.

Done in Washington, DC, this 20th day of November 1995.

Terry Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-28763 Filed 11-24-95; 8:45 am]

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