Change in Disease Status of Spain Because of Hog Cholera

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-040-1]

Change in Disease Status of Spain Because of Hog Cholera

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 by removing Spain from the

list of countries considered to be free from hog cholera. We are taking

this action based on reports we have received from Spain's Ministry of

Agriculture that an outbreak of hog cholera has occurred in Spain. As a

result of this action, there will be additional restrictions on the

importation of pork and pork products into the United States from

Spain, and the importation of swine from Spain will be prohibited.

DATES: Interim rule effective April 18, 1997. Consideration will be

given only

[[Page 28620]]

to comments received on or before July 28, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 97-040-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 97-040-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

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

Products Program, National Center for Import and Export, VS, APHIS,

Suite 3B05, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301)

734-3399; or e-mail: [email protected].

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 countries where hog

cholera is known to exist. Section 94.10 of the regulations, with

certain exceptions, prohibits the importation of swine which originate

in or are shipped from or transit any country 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 countries of the world except

for certain countries listed in those sections.

Prior to the effective date of this interim rule, Spain was

included in the lists in Secs. 94.9(a) and 94.10(a). On April 18, 1997,

Spain's Ministry of Agriculture reported that an outbreak of hog

cholera had occurred in that country. After reviewing the reports

submitted by Spain's Ministry of Agriculture, the Animal and Plant

Health Inspection Service (APHIS) has determined it to be necessary to

remove Spain from the list of countries considered to be free of hog

cholera.

Therefore, we are amending Secs. 94.9(a) and 94.10(a) by removing

Spain from the list of countries considered to be free of hog cholera.

We are making this amendment effective retroactively to April 18, 1997,

because that is the day that an outbreak of hog cholera was confirmed

by Spain's Ministry of Agriculture. As a result of this action, the

importation of swine from Spain is prohibited, and pork and pork

products from Spain 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.

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 it

effective on April 18, 1997. 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 Spain from the list

of countries that are considered to be free of hog cholera. We are

taking this action based on reports we have received from Spain's

Ministry of Agriculture, which confirm that an outbreak of hog cholera

has occurred in Spain.

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 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 April 18, 1997; 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, 9 CFR part 94 is amended 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. 94.9 [Amended]

2. In Sec. 94.9, paragraph (a) is amended by removing the word

``Spain,''.

Sec. 94.10 [Amended]

3. In Sec. 94.10, paragraph (a) is amended by removing the word

``Spain,''.

Done in Washington, DC, this 19th day of May 1997.

Donald L. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-13716 Filed 5-23-97; 8:45 am]

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