Change in Disease Status of Portugal Because of African Swine Fever

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 99-096-1]

Change in Disease Status of Portugal Because of African Swine

Fever

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 governing the importation of

pork and pork products by adding Portugal to the list of regions where

African swine fever exists. We are taking this action because there has

been an outbreak of African swine fever in Portugal. This action will

restrict the importation of pork and pork products into the United

States from Portugal and is necessary to prevent the introduction of

African swine fever into the United States.

DATES: Interim rule effective November 5, 1999. We invite you to

comment on this docket. We will consider all comments that we receive

by February 28, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

096-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 99-096-1.

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 rules, 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; or phone (301) 734-8364.

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,

African swine fever, 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

African swine fever (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.

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

considered free of ASF. However, on November 5, 1999, a suspected

outbreak of ASF was detected in Portugal. The outbreak was confirmed by

laboratory tests on November 15, 1999. On November 19, 1999, it was

reported by the Director General of Veterinary Services of Portugal's

Ministry of Agriculture. Therefore, in order to prevent the

introduction of ASF into the United States, we are amending the

regulations by adding Portugal to the list of regions in 94.8 where ASF

exists or is reasonably believed to exist. We are making this action

effective retroactively to November 5, 1999, which was the initial date

of detection. As a result of this action, the importation, into the

United States, of pork and pork products that left Portugal on or after

November 5, 1999, will be restricted.

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 ASF 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 this

action effective less than 30 days after publication. We will consider

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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. The document 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 interim rule amends the regulations governing the importation

of pork and pork products by adding Portugal to the list of regions

where ASF exists. We are taking this action because there has been an

outbreak of ASF in Portugal. This action will restrict the importation,

into the United States, of pork and pork products that left Portugal on

or after November 5, 1999. This action is necessary to prevent the

introduction of ASF into the United States.

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 interim rule has been reviewed under Executive Order 12988,

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

and regulations that are in conflict with this rule; (2) Has

retroactive effect to November 5, 1999; 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, 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, 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. 94.8 [Amended]

2. In 94.8, the introductory paragraph is amended by removing the

word ``and'' immediately before ``Malta,'' and adding the word

``Portugal,'' immediately following ``Malta,''.

Done in Washington, DC, this 17th day of December 1999 .

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-33839 Filed 12-28-99; 8:45 am]

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