Change in Disease Status of Italy, Except the Island of Sardinia, Because of African Swine Fever

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 94 and 96

[Docket No. 97-002-1]

Change in Disease Status of Italy, Except the Island of Sardinia,

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 declare Italy, with the exception of the

island of Sardinia, free of African swine fever. This proposed action

appears to be appropriate because there have been no confirmed

outbreaks of African swine fever in Italy, except on the island

Sardinia, since 1983. This proposed action would relieve certain

restrictions on the importation into the United States of pork and pork

products from all regions of Italy except Sardinia. However, because

hog cholera and swine vesicular disease exist in Italy, and because

Italy, as a member state of the European Union, has certain trade

practices regarding live swine and pork and pork products that are less

restrictive than are acceptable to the United States, the importation

into the United States of live swine and pork and pork products from

Italy would continue to be subject to certain restrictions.

DATES: Consideration will be given only to comments received on or

before August 11, 1997.

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

Docket No. 97-002-1, 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. 97-002-1. 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,

4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-8695; or

e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94 (referred to below as the

regulations) prohibit or restrict 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, swine vesicular disease, hog cholera, and African swine

fever (ASF). These are dangerous and destructive communicable diseases

of ruminants and swine.

Section 94.8 of the regulations states that ASF exists or is

reasonably believed to exist in all the countries of Africa and in

Brazil, Cuba, Haiti, Italy, Malta, and Portugal. Paragraph (a) of

Sec. 94.8 provides that no pork or pork products may be imported into

the United States from those countries (referred to below as ASF

countries) unless the pork or pork product:

Is fully cooked in accordance with Sec. 94.8(a)(1); or

Is not otherwise prohibited importation into the United

States and is consigned directly from the U.S. port of entry to an

approved establishment for further processing, as provided by

Sec. 94.8(a)(2); or

Is derived from swine raised and slaughtered in a country

where ASF is not known or believed to exist and is handled and

processed in accordance with Sec. 94.8(a)(3).

Also, Sec. 94.17 provides, in part, that dry-cured pork products

may be imported into the United States from ASF countries if the dry-

cured pork products meet the conditions specified in that section.

In addition to the restrictions on pork and pork products contained

in the regulations in part 94, live domestic swine from ASF countries

may not be imported into the United States because the regulations in 9

CFR 92.505(a) require, among other things, that live domestic swine be

accompanied by a certificate showing that the entire country of origin

of the swine is free of ASF and other specified diseases. The

importation of swine casings from ASF countries is likewise prohibited

by 9 CFR 96.2(a) unless the swine casings originated in a country free

of ASF and were processed in the ASF country at a facility that meets

the criteria of Sec. 94.8(a)(3)(iv) of the regulations.

The Government of Italy has requested that the U.S. Department of

Agriculture recognize Italy, with the exception of the island of

Sardinia, as free of ASF. We will consider declaring a country free of

ASF if there have been no reported cases of the disease in that country

for at least the previous 1-year period. The last case of ASF in Italy,

outside of the island of Sardinia, occurred in 1983.

The Animal and Plant Health Inspection Service (APHIS) has reviewed

the documentation submitted by the Government of Italy in support of

its request, and a team of APHIS officials traveled to Italy in

February 1997 to conduct an on-site evaluation of Italy's animal health

program with regard to ASF. The evaluation consisted of a review of

Italy's veterinary services, laboratory and diagnostic procedures,

vaccination practices, and administration of laws and regulations

intended to prevent the introduction of communicable animal diseases

into Italy, and from Sardinia into the rest of Italy. (Details

concerning the February 1997 on-site evaluation are available upon

written request from the person listed under FOR FURTHER INFORMATION

CONTACT.) After reviewing the documentation provided by Italy and the

data gathered during the on-site visit by APHIS officials, we believe

that Italy, with the exception of Sardinia, qualifies to be recognized

as free of ASF.

Therefore, we are proposing to amend Sec. 94.8 of the regulations

by removing Italy, except the island of Sardinia, from the list of ASF

countries. This proposed action would result in pork and pork products

from all parts of Italy except Sardinia no longer being subject to the

restrictions found in Sec. 94.8 of the regulations. Another effect of

this proposed action would be that swine

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casings that originated in or were processed in any region of Italy

other than Sardinia would no longer be subject to the restrictions in 9

CFR 96.2(a).

However, Italy is still considered to be affected with hog cholera

and swine vesicular disease, so pork and pork products from anywhere in

Italy offered for importation into the United States would remain

subject to the restrictions in Sec. 94.9 for hog cholera and in

Sec. 94.12 for swine vesicular disease. Similarly, dry-cured pork

products from Italy would continue to be subject to the regulations in

Sec. 94.17 due to hog cholera and swine vesicular disease. In addition,

pork and pork products from Italy would continue to be subject to the

restrictions in Sec. 94.11 because Italy 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 all 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 common land border with a

country affected with rinderpest or FMD. Finally, declaring all of

Italy except Sardinia free of ASF would not relieve any of the current

restrictions in 9 CFR part 92 on the importation into the United States

of live swine from Italy because Italy remains affected with hog

cholera and swine vesicular disease.

Miscellaneous

The regulations in Sec. 94.8 and Sec. 96.2 refer in several

instances to ``a country'' or ``any country'' listed in Sec. 94.8 as

being affected with ASF. Because this proposed rule would designate

only a portion of Italy--i.e., the island of Sardinia--as being

affected with ASF, it would no longer be accurate to refer to

``countries'' listed in Sec. 94.8. Therefore, for the purposes of

accuracy and consistency, we would amend those sections to include the

words ``or part of a country'' after each reference to countries listed

in Sec. 94.8.

We are also proposing to redesignate the footnotes in part 94 so

that the footnotes would be numbered consecutively by part, rather than

by section. We are also proposing to amend Sec. 94.17(a) to correct a

reference to ``paragraph (i) of this subpart'' by replacing it with a

reference to ``paragraph (i) of this section.''

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for the purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

This proposed rule would amend the regulations in part 94 by

removing Italy, except the island of Sardinia, from the list of

countries where ASF exists or is reasonably believed to exist. This

action would relieve certain restrictions on the importation of pork

and pork products into the United States from all areas of Italy except

the island of Sardinia. However, because hog cholera and swine

vesicular disease exist in Italy, and because Italy, as a member state

of the European Union, has certain trade practices regarding live swine

and pork and pork products that are less restrictive than are

acceptable to the United States, the importation into the United States

of live swine and pork and pork products from Italy would continue to

be subject to restrictions. For this reason, no live swine, or fresh,

chilled, or frozen pork would be imported from Italy as a result of

this rule change.

Entities in the United States likely to be affected by this

proposed rule are those entities engaged in the production of swine and

processed pork products. According to the Small Business Administration

(SBA) definition, a ``small entity'' in the production of swine is an

entity whose total annual sales are less than $0.5 million. Under this

definition, approximately 96.3 percent of domestic producers are

considered to be small entities. According to the SBA definition, a

small entity in the production of pork products, including meat packing

plants, is an entity employing fewer than 500 workers. In 1992, the

most recent year for which complete figures are available, over 95

percent of pork processors of all types were considered small entities.

It is possible that imports of processed pork products would be

affected if this proposed rule is adopted, but we believe any change

would be minimal. Italy has not been declared free of swine vesicular

disease or hog cholera, so there would continue to be restrictions on

the importation into the United States of pork and pork products,

including dry-cured pork products, from anywhere in Italy. Given those

continuing restrictions, we believe any potential increase in imports

of processed pork products derived from Italian swine would be minimal.

The economic impact of a slight increase in those imports on U.S. swine

producers and processors of pork and pork products is likewise 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 new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk,

Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 96

Imports, Livestock, Reporting and recordkeeping requirements.

Accordingly, 9 CFR parts 94 and 96 would be 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 would continue 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. 94.4 [Amended]

2. In Sec. 94.4, in the introductory text of paragraph (b)(8) and

in paragraph (b)(8)(i)(C), footnotes 1 and 2 and their references in

the text would be redesignated as footnotes 2 and 3, respectively.

Sec. 94.6 [Amended]

3. Section 94.6 would be amended as follows:

a. In paragraph (c)(2), footnote 1 and its reference in the text

would be redesignated as footnote 4.

b. In the introductory text of paragraph (d), footnote 2 and its

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reference in the text would be redesignated as footnote 5.

c. In paragraph (d)(1)(ix)(C)(1), footnote 3 and its reference in

the text would be redesignated as footnote 6.

Sec. 94.8 [Amended]

4. Section 94.8 would be amended as follows:

a. In the introductory text of the section, footnote 1 and its

reference in the text would be redesignated as footnote 7, and, in the

text of newly redesignated footnote 7, the words ``or a part of a

country'' would be added after the word ``country'' the first time it

appears.

b. In the introductory text of the section, the words ``All the

countries of Africa, Brazil, Cuba, Haiti, Italy, Malta, and Portugal''

would be removed and the words ``All the countries of Africa; Brazil,

Cuba, Haiti, Malta, and Portugal; and the island of Sardinia, Italy''

would be added in their place.

c. In the introductory text of paragraph (a), the words ``or part

of a country'' would be added after the word ``country''.

d. In paragraph (a)(3)(i)(A), the words ``or part of a country''

would be added after the word ``country''.

e. In paragraph (a)(3)(i)(B), footnote 2 and its reference in the

text would be redesignated as footnote 8, and the words ``country

listed'' would be removed and the words ``country or part of a country

listed'' would be added in their place.

f. In paragraph (a)(3)(iv)(A), the words ``or parts of countries''

would be added after the word ``countries''.

g. In paragraph (a)(3)(v), the words ``or part of a country'' would

be added after the word ``country''.

h. In paragraph (c), the words ``or part of a country'' would be

added after the word ``country''.

Sec. 94.9 [Amended]

5. In Sec. 94.9, paragraph (a), footnote 1 and its reference in the

text would be redesignated as footnote 9, and in paragraph (b)(3)

footnote 2 and its reference in the text would be redesignated as

footnote 10.

Sec. 94.12 [Amended]

6. In Sec. 94.12, paragraph (b)(1)(iii)(B), footnote 1 and its

reference in the text would be redesignated as footnote 11, and in

paragraph (b)(3) footnote 2 and its reference in the text would be

redesignated as footnote 12.

Sec. 94.16 [Amended]

7. In Sec. 94.16, paragraph (b)(2), footnote 1 and its eight

references in the text would be redesignated as footnote 13.

Sec. 94.17 [Amended]

8. In Sec. 94.17, in paragraph (a), the word ``subpart'' would be

removed and the word ``section'' would be added in its place, and in

paragraph (e), footnote 1 and its reference in the text would be

redesignated as footnote 14.

Sec. 94.18 [Amended]

9. In Sec. 94.18, in paragraph (c)(2), footnote 1 and its reference

in the text would be redesignated as footnote 15, and in paragraph

(d)(1), footnote 2 and its reference in the text would be redesignated

as footnote 16.

PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS

OFFERED FOR ENTRY INTO THE UNITED STATES

10. The authority citation for part 96 would continue to read as

follows:

Authority: 21 U.S.C. 111, 136, and 136a; 7 CFR 2.22, 2.80, and

371.2(d).

Sec. 96.2 [Amended]

11. In Sec. 96.2, paragraph (a) would be amended by adding the

words ``or part of a country'' after the word ``country'' each time it

appears.

Done in Washington, DC, this 5th day of June 1997.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-15436 Filed 6-11-97; 8:45 am]

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