**United States**

**Department of Agriculture**  **Marketing and Regulatory**  **Programs** Animal and Plant Health Inspection Service 

# Final **Rulemaking for Importation of**  **S wine and**  **Swine Commodities from**  **Slovenia**

**Environmental Assessment,**  **May 2011** 

# Final **Rulemaking for**

**Importation of Sw**  **ine and S**  **wine Commodities from**  **Slovenia**

**Env ironmental**  **As sessment,**  **May 2011**

**Ag ency** **Contact for the Rulemaking:** Donald Link Import Risk Analyst, Regionalization Evaluation Services National Center for Import and Export, Veterinary Services Animal and Plant Health Inspection Service U.S. Department of Agriculture 92 0 Main Campus Drive, Suite 200 Raleigh, NC 27606

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## T **able of Contents**
**I. Need for the Proposed A ction** 

**................................ ...............**  **1 II. A**  **lternatives**

**................................ ................................**  **............. 3**  **III. Potential Environmental Impacts**

**................................ ..........**  **4 IV. A** **gencies or Persons Contacted**

**................................ .........**  **1 4**  **V. References**

**................................ ................................**  **............ 1**  **4 1**  

## I. Need for the Proposed **Action**
The United States Department of Agri culture (USDA), Animal and Plant Health Inspection Service (APHIS) regulates the importation of animals and animal products into the United States to guard against the introduction of animal diseases. APHIS’ regulations allow for the importation of animal products from regions considered as free of or low risk for classical swine fever (CSF) and free of swine vesicular disease (SVD) and foot and mouth disease (FMD). The Republic of Slovenia (hereafter referred to as Slovenia) submitted a request to APHI S to be recognized as a region free of CSF, SVD, FMD , and rinderpest . This recognition would allow Slovenia to export live swine and swine

- derived products including semen, pork, and pork products (hereafter referred to as “swine commodities”) to the United States. Slovenia would also be eligible

- - based on FMD and rinderpest status

- - to export ruminant s and ruminant

- derived products to the United S tates , if they meet all other ruminant health requirements. In response to Slovenia’s request , APHIS prepared a risk anal ys is to anal yz e the potential disease risks (in “ APHIS Import Risk Analy sis of the Republic of Slovenia for Classical Swine Fever, Swine Vesicular Disease, Foot and Mouth Disease , and Rinderpest ” ) (USDA, APHI S, 2007) associated with this action. APHI S’ evaluation f ound that Slovenia meets the requirements for being recognized as low risk for CSF and free of SVD , FMD , and rinderpest

. Based on the findings of the evaluation, APHIS is proposing to amend its import regulations to add Slovenia to the list of European Union (EU) Member States that comprise the APHIS

- defined EU CSF region (9 CFR § § 9 3.500, 94.0, and 98.30)

— which APHIS considers low risk for CSF (9 CFR § § 94.9, 94.10)

—and thereb y allow importation of swine commodities from this country (9 CFR § § 94.10, 94.24, and 98.38). APHI S further proposes to add Slovenia to the list of countries recognized as free of SVD (9 CFR § § 94.12 and 94.13) , FMD , and rinderpest (9 CFR § 94.1 )

. The proposed action is needed to allow the importation of swine commodities from Slovenia because there is no scientific basis for prohibiting trade based on the CSF, SVD, FMD , and rinderpest status of Slovenia . Allowing the trade of these commodities would be consistent with the World Organization for Animal Health (commonly referred to as the Office of International des Epizooties (OIE)) Terrestrial Animal Health Code for CSF, SVD, and FMD. This environmental assessment (EA) addresses potential environmental impacts related to the amendment of APHIS’ regulations to include Slovenia in the APHI S

- defined EU CSF region (which APHI S recognizes**2** as low risk for CSF) and recognize it as free of SVD , FMD , and rinderpest

. This EA has been prepared to comply with the provisions of the National Environmental Policy Act of 1 969 (NEPA) (42 United States Code (U.S.C.) 4321, et seq .) as prescribed in implementing regulations adopted b y the Council on Environmental Quality (40 Code of Federal Regulations (CFR) §§ 1500

– 1508), USDA’s NEPA regulations (7 CFR part 1b), and APHI S’ NEP A implementing procedures (7 CFR part 372). In accordance with requirements under the APHIS NEPA regulations, this EA was made available for public review and comment along with APHI S’ risk evaluation and proposed rulemaking for this matter

. APHIS rece ived no comments on this EA. APHI S also welcomed public comments on the approach for future proposed actions of the same nature as in this EA, discussed in the following two paragraphs; no comments were received on the approach. Based upon (1) the Findi ngs of No Significant Impact for EAs prepared for a rulemaking to allow the importation of swine and swine commodities from EU Member States in the past , 1 (2) the determination from an APHI S evaluation that Slovenia is low risk for CSF and free from SVD , F MD, and rinderpest and (3) APHI S determinations that measures are in place to mitigate the risk of CSF, SVD, FMD or rinderpest introduction into the United States through importation of swine, swine commodities , ruminants, and ruminant commodities from countries or regions that APHI S recognizes as low risk for CSF or free of SVD, FMD, and rinderpest such as Slovenia , APHI S will consider th at future proposed actions of this nature 2 would pose negligible environmental impact

. This consideration applies to each EU Member State or country that has entered into an agricultural equivalency agreement with the European Union, provided that a disease status assessment finds them to be free of or a low risk for the relevant diseases. Accordingly, APHIS plans to co nsider future actions of this nature as posing negligible environmental impact and included under this environmental assessment. We would do so provided that, based on our evaluation of the disease status of the country , no extraordinary circumstances exi st that require the preparation of an environmental assessment or environmental impact statement, the proposed action does not trigger the need for other environmental review under NEPA, and the proposed action would not individually or cumulatively

have a significant environmental impact.

1 The Czech Republic, La tvia, Lithuania, and Poland (72 Federal Register (FR) 67227

– 67233; November 28, 2007). 2 By “of this nature,” we mean that the same disease concern is being considered, the same or comparable commodities are being considered for importation, the same or e quivalent risk mitigation measures are in place in the exporting country and in APHIS import regulations, and our risk evaluation determines that the importation of the commodities into the United States would pose no greater risk than those authorized imp ortation from previously assessed countries.**3** 

## II. **Al ternati**  **ve s** 
Two alternatives are considered in this EA . They include

— (1) the “no action ” alternative , in which the current regulations would remain unchanged, continuing to omit Slovenia from the list of EU Memb er States comprising the APHI S

- defined EU CSF region ( considered as low risk for CSF ) and from the list of countries considered free of SVD, FMD , and, rinderpest, and, therefore, continuing to not allow the importation of swine and ruminant commodities fro m Slovenia to the United States, and (2) the rule amendment of 9 CFR §§ 94.1, 94.9, 94.10, 94.11, 94.12, 94.13, 94.24, and 98.38, which would add Slovenia to the APHI S

defined EU CSF region (considered low risk for CSF) and designate Slovenia free of SVD, FMD , and rinderpest, and would, therefore, allow the importation of swine and ruminant commodities from Slovenia under certain conditions. 

### A. **No Ac**  **tion** The no action alternative would leave the current importation regulations unchanged. Under this alternative, Slovenia would continue to not be listed as part of the APHIS

- defined EU CSF region considered low risk for CSF and would also not be listed as free of SVD, FMD , and rinderpest

. T herefore, Slovenia would not be allowed to export swine and rum inant commodities to the United States. The status of Slovenia as low risk for CSF and free of SVD, FMD and rinderpest is not reflected in the current import regulations and would continue as such . The continuance of such unsupported trade restrictions w ould be contrary to U.S. obligations under international trade agreements. 

### B. Rule A **mendment** The rule amendment alternative would amend the current regulations to add Slovenia to the APHIS

- defined European Union (EU) CSF region c onsidered low risk for CSF and also add Slovenia to the list of regions that are free of SVD, FMD , and rinderpest . In doing so, this alternative would allow the importation of swine and ruminant commodities from Slovenia if certain conditions are satisfied. The rule amendment would add Slovenia to the list of EU Member States in 9 CFR §§ 93.500, 94.0, and 98.30 3 and include it as one of the Member States in a region that

3 The APHIS

- defined EU CSF region currently consists of Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, the Netherlands,**4** APHI S consider s as low risk for CSF under 9 CFR §§ 94.9 and 94.10 and therefore subject to the import condi tions specified under 9 CFR §§ 94.24 and 98.38. The amendment also would add Slovenia to the regions listed under 9 CFR §§ 94.1 as free of FMD and rinderpest but subject to the import conditions specified under 9 CFR §§ 94.11 and listed under 9 CFR §§ 94. 12 as free of SVD but subject to the import conditions specified under 9 CFR §§ 94.13. Import conditions are necessary because, although APHI S has determined Slovenia to be low risk for CSF and free of SVD, FMD, and rinderpest, Slovenia shares common land borders and trades with regions that are not evaluated b y APH IS and considered free of CSF, SVD, FMD , and rinderpest. 

### C. **Al ternatives Eliminated from Further**  **C onsideration**  Alternatives differing from those mentioned above were eliminated from consideration because changes in the requirements either would not mitigate the potential risk from the region or would place excessive restrictions on the imports that would serve as a de facto trade barrier. The certification requirements in the rule provide suf ficient mitigation measures without being overly restrictive. 

## III. **Potential Env ironmental Impacts** 
The animal diseases of concern for this evaluation with regard to allowing the importation of swine and ruminant commodities from Slovenia are CSF, SVD, an d FMD , and rinderpest . APHIS prepared a risk anal ys is , “APHI S Import Risk Analy sis of the Republic of Slovenia for Classical Swine Fever, Swine Vesicular Disease, and Foot and Mouth Disease,” to evaluate the risk of CSF, SVD, FMD , and rinderpest introduction to U.S. animals from allowing these commodities from Slovenia (USDA, APHI S, 200 7 ). In preparing the risk analy sis , APHIS evaluated the status of Slovenia with regard to its infrastructure and control measures in place for these diseases, including an assessment of disease surveillance measures, import practices, laboratory capacity , emergency

response procedures, and other factors that could influence the risk of disease introduction into the United States. Slovenia , as a Member State of the EU s in c e May 2004, adopted the legislation of the European Commission (EC) regarding animal health, welfare, and identification including legislation pertaining to CSF, SVD,

Poland, Portugal, t he Republic of Ireland, Spain, Sweden and the United Kingdom (England, Scotland, Wales, the Isle of Man and Northern Ireland ).**5** and FMD. Slovenia also adopted the harmonized EC legislation regarding import, export, and trade of live animals, meat, and animal products. T he APHI S

- defined EU CSF region is considered as low risk with respect to CSF. APHI S considers large portions of the EU to be free of SVD and FMD as well (USDA, APHI S, 2006). 

### A. **Background**
CSF is a highl y contagious viral disease affecting swine and wild boar. The incubation period for CSF is 2 to14 day s. CSF is transmitted by direct contact from pig to pig; through ingestion of products, including fresh, frozen, or cured pork, that contain the vi rus; and by aerosols. CSF also can be introduced or spread b y infected swine semen. Indirect contact with body secretions and excretions from infected animals (including dead animals) and viral contamination of objects may lead to mechanical transfer of the virus. Thus, movement of people, wild animals, and inanimate objects, such as trucks used to transport animals, may indirectly

transmit the CSF virus (USDA, APHI S, 2007) . The CSF virus is hardy , being stable between pH 4 and 10 and also stable at low temperatures (thus, it is unlikely to be destro ye d by

the post

- mortem decrease in muscle pH that accompanies carcass maturation), and is unlikely to be destro ye d by

transport or cold storage (USDA, APHIS, 2006). SVD also is a highl y contagious viral di sease affecting swine and wild boar. The incubation period for SVD is 2 to 7 days. SVD may be introduced into a herd b y infected animals , by feeding garbage containing infected meat scraps , or by contacting infected feces (USDA, APHI S, 2007) . After the initial introduction, the disease spreads through contact of susceptible pigs with infected pigs and infected feces (such as from an improperly

cleaned truck). The virus is hardy , resistant to pH changes between 2.5 and 12 (thus, it is unlikely to be destroyed b y the post

- mortem decrease in muscle pH that accompanies carcass maturation), and is very stable under cold conditions. The virus also is resistant to fermentation and smoking processes and may remain in hams for 180 day s, sausages for more than 1 year, and processed intestinal casings for more than 2 ye ars (USDA, APHIS, 2006). FMD is a contagious disease affecting cloven

- hooved animals, including sheep, goats, cattle, and pigs, and well over 70 wildlife species, such as deer and wild boar. The incubation period for FMD is 2 to 14 day s. FMD virus is capable of aerosol transmission, and s aliva, feces, and urine are sources of FMD virus

. FMD virus m ay also be present in milk and semen up to 4 day s before clinical signs appear (USDA, APHI S, 2006). The virus can be transmitted by direct or indirect contact with infected animals**6** or an infected environment, such as movement of people, wild or domestic animals, or inanimate objects (such as vehicles, farm implements, and clothing) ; long

- range airborne transmission is also possible (USDA, APHI S, 2007) . The virus can survive in meat and meat products in which the pH has remained above 6.0 and thus can be transmitted by infected meat and meat products and through infected meat that has been discarded as garbage. Pig meat does not consistently reach as low an ultimate pH during carcass maturation as does beef, so the inactivation of FMD virus in pig meat may

not be as complete as that occurring in beef (USDA, APHI S, 2007). Rinderpest is an infectious dise ase of cattle, domestic buffalo, and certain other species. Itis characterized by fever, oral erosions, diarrhea, ly mphoid necrosis, and high mortality

. The potential for impacts on the human environment from the importation of swine and ruminant commodities from Slovenia is dependent upon the ability of mitigative factors and mitigation measures to prevent the introduction of the diseases of concern via the biological pathway s of transmission of the diseases. This section addresses the potential enviro nmental impacts that could occur under the alternatives considered. 

### B **. No A ction**  **Al ternative** 
The “no action ” alternative would not allow swine , ruminants, or swine and ruminant commodities to be imported from Slovenia ; the current rules governing the importation of these commodities would remain unchanged with regard to Slovenia . This alternative would have no potential effect on U.S. animal health, public health, or the phys ical environment. This alternative, however, is inconsistent with the requirem ents of international trade agreements. 

### C

**. Rule A**  **mendment A lternative**  The rule amendment alternative would allow the importation of swine and ruminant commodities from Slovenia ac cording to certain requirements that are designed to prevent th e introduc tion of CSF, SVD, FMD , and rinderpest . An y potential for impacts to the human environment would be the result of exposure to the CSF, SVD, FMD , and rinderpest virus via a breakdown in the requirements that are designed to mitigate the risk of exposure of U.S. livestock to these viruses. Animal health, the phys ical environment, and public health are addressed in this document as components of the U.S. human environment that have the potential to be impacted in the event that the CSF, SVD, FMD or rinderpest virus were to be introduced as a result of the rule amendment. Also, other**7** environmental review considerations for the protection of the human environment are addressed in this section of the EA. When allowing imports of live animals or animal products from other regions , the health of animals in the region of origin and the region’s ability to prevent introduction of animal diseases is important in determining the risk to the health of U.S. animals. APHI S evaluated the animal health status of the expo rting region , Slovenia, the results of which are provided in a risk analy sis (USDA, APHIS, 200 7 ).
APHI S determined that CSF was last reported in domestic swine on a small farm in Slovenia in 1996 (USDA, APHIS, 200 7 )

. V accination against CSF has not been practiced since October 2000. Slovenia has never reported SVD , last reported an FMD outbreak in 19 68 , and experienced its last outbreak of rinderpest in 1883. The OIE recognizes Slovenia as FMD

- free where vaccination is not practiced. Slovenia shares a border with Austria to the north, Ital y to the west, Hungary to the upper northeast, Croatia to the south and lower northeast , and the Adriatic Sea to the southwest. The APHIS evaluation provided the animal health status of each of these countries with regard to CSF, SVD, and FMD as follows: Austria

– APHI S has evaluated Austria for it animal health disease status and considers Austria low risk for CSF and free of SVD, FMD , and rinderpest

. Austria is classified by OI E as a Member Country recognized as FMD

- free without vaccination

. Ital y

– APHI S considers Ital y a low risk region for CSF and free of FMD and rinderpest . APHI S considers certain regions of Italy free of SVD

. Ital y is classified by

OIE as a Member Country recognized as FMD

- free without va ccination

. Hungary

– APHIS considers Hungary free of SVD and rinderpest , and Hungary is classified b y OI E as a Member Country recognized as FMD

free without vaccination. APHI S is currentl y evaluating Hungary for its CSF status. CSF is found in Hungary ’s wild boar population ; h owever, the disease has not been transmitted to commercial swine in Hungary , and there is no evidence available to APHI S that infected wild boar s have migrated into Slovenia. Croatia

– APHI S has not evaluated Croatia for FMD , rin derpest, and SVD. Croatia has experienced recent outbreaks of CSF and ceased CSF vaccination in domestic pigs in January 2005. Concerned about the risk this poses, Slovenia strengthened CSF surveillance in the bordering region (10 km zone) with Croatia, which APHIS considers to be a reasonable risk **1. A nimal**  **Health 8**  mitigation. Croatia is classified by OI E as an EU Member State recognized as FMD

- free without vaccination

. The risk anal ys is (USDA, APHI S, 200 7 ) assessed main pathway s, 4 identified in the release assessment discussion, by which the CSF, SVD, and/or FMD and Rinderpest viruses could be introduced into Slovenia from other EU Member States or affected third countries, thereb y potentially

resulting in risk to U.S. animals by allowing the importation of swine and r

uminant commodities from Slovenia . The introduction of these diseases into Slovenia by the identified pathway s would only affect export risk to the United States if a susceptible domestic animal population became infected and this infection was not detect ed prior to export. Slovenia has in place mitigating factors and mitigation measures, including requirements under EC legislation, that are designed to reduce the risk of disease introduction. These include, but are not limited to, the following:

- Import ed animals and animal products must originate from authorized third countries ;

- Comprehensive certification requirements for imported swine and ruminant (for FMD purposes) commodities from third countries, including certification of disease status, and sign ature on the certificate b y an official veterinarian of the country of origin are in place ;

- A comprehensive and rigorous approval process for exporting establishments (including slaughter establishments and semen collection centers) is in place;

- Imported l ive animals must undergo a mandatory observation period and veterinary

inspection prior to shipment and another veterinary inspection at the port of entry into the EU ;

- Export or trade establishments must be approved; and

- Standard biosecurity measures are i n place for disinfection of live

haul trucks and other vehicular traffic entering from neighboring third countries at a border inspection port with veterin ary inspection and require disinfection of live

- haul trucks after each transport. The risk estimatio n conclu de s that the risk of infected live swine and ruminants, or commodities derived from these species , entering the United States from Slovenia and exposing U.S. livestock is low (USDA, APHI S, 200 7 ). This risk is further mitigated if Slovenia is subje ct to the same requirements specified for other EU Member States in APHI S’ regulations under 9 CFR § 94.11 for meat and meat products from ruminants or swine, §§ 94.13 and 94.24 for pork and pork products, § 94.24 for breeding

4 (1) Natural movements of wild animals, (2) import , transit, or trade of infected live animals or animal products , (3) incom ing vehicular and human traffic, and ( 4 ) incoming agricultural commodities for personal consumption.**9** swine, and § 98.38 for swine semen. The requirements specified in APHI S regulations are designed to prevent the introduction of CSF, SVD, FMD or rinderpest into the United States from free or low

- risk regions and include, but are not limited to, the following:

- O fficial certification of the CSF

- , SVD

- , and/or rinderpest

- and FMD

- free origin of swine , ruminants, and swine and ruminant commodities is required ;

- Approval of exporting slaughtering establishments by USDA’s Food Safety and Inspection Service is required and an official veterinarian of the exporting country

must certify

that this condition has been met;

- T he slaughtering establishment is not permitted to receive swine or ruminants, meat, or other animal products derived from swine or ruminants, which originated in a rinderpest

- or FMD

- infected region;

- T he slaughtering establishment is not permitted to receive meat or other animal products from a rinderpest

- or FMD

- free region transported through a rinderpest

- or FMD

- infected region except in sealed containers;

- M eat and other an imal products derived from swine or ruminants may not be commingled or otherwise come into contact with meat or other animals products which originated in a rinderpest

- or FMD

infected region;

- S wine, pork, or pork products may not be commingled or otherwis e come into contact with swine, pork, or pork products from CSF

- or SVD

- affected regions;

- S emen must originate from animals at an approved collection center; and

- C ertain restrictions on the use of transportation equipment for live swine and movement of the commodities are in place

. Based on the results of the release assessment discussed in APHI S’ evaluation (USDA, APHIS, 2007) , APHI S considers the likelihood of exposure of susceptible animals to CSF virus via live animals from Slovenia to be low, and the likelihood of exposure to SVD, FMD , and rinderpest viruses via this pathway to be very low. With the mitigation measures for live swine described in 9 CFR § 94.24, which further limit the sourcing of swine for export, the likelihood of exposure of sus ceptible U.S. swine to CSF virus via infected swine from Slovenia is very low. Applying mitigation measures for Slovenia equivalent to those specified for other EU Member States in 9 CFR §§ 94.11, 94.13, 94.24, and 98.38 would result in a level of risk th at is equivalent to the portion of the EU that is authorized to export breeding swine, swine semen, and fresh meat and meat products to the United States (USDA, APHI S, 200 7 ). If the proposed action were implemented and an incursion of CSF, SVD,**10** FMD , or rinderpest were to occur in an area of Slovenia , APHIS regulations would prohibit for a specified period of time the exportation of swine commodities and, in the case of FMD or rinderpest , ruminants or ruminant commodities as well, from the affected area th at could be effectivel y regionalized for disease status. 5 For a CSF outbreak in domestic swine, restrictions would be lifted once the designation as a restricted zone is lifted by the competent veterinary authority of Slovenia or 6 months following depopu lation of the swine on the affected premises in the restricted zone and the cleaning and disinfection of the last affected premises in the zone , whichever is later . For a CSF outbreak in wild boar, restrictions would remain in place from the time of detec tion until the designation of the zone as a restricted zone is removed by the Member State’s competent veterinary authority . For an outbreak of SVD, FMD, or rinderpest, restrictions would remain in place until the restricted region was re - evaluated for di sease - free status. If CSF, SVD, FMD , or rinderpest were introduced into the United States, APHI S would implement disease eradication measures, which could include quarantine and depopulation in areas where an effective barrier to the introduction of the disease can be established, surveillance of the area around an outbreak, and measures aimed at preventing any virus spread b y swine or ruminant commodities , contaminated material, and vehicles. FMD or rinderpest could have more of an impact on U.S. ani mal health than CSF or SVD in that FMD or rinderpest could s pread to other livestock species, such as cattle, sheep, and goats, and wildlife species, such as deer, elk, caribou, and bison. If the introduction of CSF, SVD, FMD , or rinderpest to U.S. swi ne were to occur, potential for impacts to the phy sical environment could occur in relation to disposal of carcasses due to death from disease and depopulation of infected animals or disposal of contaminated bedding and manure. Disposal methods could include rendering, burial, and incineration. If not handled properl y, disposal of infected animals and materials could impact air, water, and soil quality and potentially

coul d release the live CSF, SVD, FMD or rinderpest virus into the environment. Factors influencing proper disposal methods include the volume of infected animals and contaminated materials, geographic features of the

5 According to the associated risk analysis, APHIS considers the region to constitute the smallest administrative jurisdiction for Slovenia , ensuring effective oversight of normal animal movements into, out of, and within that jurisdiction, and that, in association with national authorities, if necessary, has effective control over animal movements and animal diseases locally. This is the smallest unit to which APHIS can effectively regionalize for animal disease status under its current regulations. Exclusively for veterinary purposes, Slovenia has 13 administrative regions. Division in to regional units is reflected in the EU’s veterinary notification an d/or communication systems, ADNS (Animal Disease Notification System) and TRACES (Trade Control and Expert System). APHIS concludes that Slovenia’s regional veterinary offices contribute significantly to the veterinary infrastructure. Regional offices (R Os) are well

- established and clear channels of command and communication exist for interactions with the central authority. ROs are capable of delivering Slovenia’s veterinary services at a local level and resolving animal health issues that arise (USDA, APHIS, 200 7 )

. **2. Phy sical**  **Environ**   ** ment****11** area (e.g., water resources and soil ty pe), other phy sical environment considerations (such as weather and temperature), and available funds, equipment, and personnel. Potential for impacts to the phy sical environment from the introduction of CSF, SVD, FMD , or rinderpest could occur in relation to the use of disinfectants to prevent the transfer of the CSF, SVD, FMD or rinderp est virus from surfaces. As part of an eradication program, measures aimed at preventing spread of the CSF, SVD, FMD , or rinderpest virus, including disinfection of equipment, transport vehicles, and/or premises where infected swine or ruminants were maintained, would be required in order to prevent mechanical transfer of the virus. Disinfectants used for such purposes would have to be approved for the specific use with the U.S. Environmental Protection Agency and used according to registration requirements. Label instructions for disinfectants would be provided for their proper application to prevent potential environmental impacts associated with the use of the registered product. The risk anal ys is that evaluates the animal health status of swine in Sl ovenia concludes from the release assessment that Slovenia is low ri sk for CSF, and free of SVD, FMD , and rinderpest (USDA, APHI S, 2007)

. APHI S further concludes from the exposure assessment in the risk anal ys is that the likelihood of exposure of susceptible U.S. livestock to CSF, SVD, FMD , or rinderpest viruses via meat or meat products, live animals, or genetic material from Slovenia is low. Implementation of mitigation measures specified in 9 CFR § 94.11 for FMD , in 9 CFR § 94.13 for SVD , and in 9 CFR §§ 94.24 and 98.38 for CSF further mitigate the risk. Cumulatively , therefore, APHIS considers the risk potential for introduction of these hazards from Slovenia into the United States via export of swine and ruminant commodities and subsequent infection in U.S. livestock to be low (USDA, APHI S, 2007)

. The c onditions, or mitigation measures, that would be required to be met in order to compl y with APHI S import regulations for swine and ruminant commodities from Slovenia are designed to prevent th e introdu ction of CSF, SVD, FMD , and rinderpest into the United States. Under the proposed action, no significant impact on the phy sical environment as a result of allowing the importation of swine or swine products from Slo venia is reasonably foreseeable. CSF, SVD, FMD , and rinderpest virus strains are host

- specific, and, therefore, CSF, SVD , FMD , and rinderpest infections are not a public health issue (USDA, APHI S, 2006). The occurrence of the SVD virus in humans is rare; human infection has been report ed in laboratory personnel working with the SVD virus, and caution should be taken when working with infected material. CSF does not affect humans (The Center for Food Security & Public Health, 2005). FMD infection in humans, spread **3. Public Health** **12** through contact with infected animals, is rare (Centers for Disease Control and Prevention, 2006). **a. Environmental Executive Orders** Some executive orders such as Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks, and Executiv e Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and L ow - In come Populations, and departmental or agency directives require special environmental reviews in certain circumstances. In considering these additional revie w requirements, no circumstance that would trigger the need for special environmental reviews is involved in implementing the proposed action considered in this document. The rule amendment alternative presents no risk to the health or safety of children and will not result in disproportionately high and adverse human health and/or environmental effects on any minority populations and/or low

- income populations in the United States. **b. Endangered Species A** **ct** Section 7 of the Endangered Species Act (ESA) and its implementing regulations require Federal agencies to ensure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat. APHI S has considered the potential effects of the proposed action on endangered and threatened species and designated critical habitat. CSF and SVD are host specific, and there are no known federally listed or proposed endangered or threatened species in the United States that would be affected b y CSF or SVD; therefore, the rule amendment will have no effect on endangered or threatened species in the United States or critical habitat. However, six endangered species are susceptible to FMD (see table 1). **4. A dditional**  **Environ**   ** mental** **Review Consider**  **** **a tions** **13 Tabl**  **e 1. Endangered species in the United States susceptible to foot and** 

**mouth disease.**

APHI S conducted a risk anal ys is and determine d that the risk of infected swine and ruminant commodities entering the United States from Slovenia an d exposing U.S. livestock to FMD is low (USDA, APHI S, 200 7 ). This risk would be further mitigated b y requiring implementation of the measures outlined in 9 CFR § 94.11 that place restrictions on the importation of meat and other animal products derived from ruminants and swine that originate from regions which are free of FMD but share a common land border with regions designated as infected with FMD.
Bas ed upon the effectiveness of the mitigation measures included in 9 CFR § 94.11 and the low likelihood of exposure of U.S. livestock to FMD virus, implementation of the rulemaking is expected to have no effect on federall y listed endangered species or desi gnated critical habitat. **Common Name Scientific Name**  **Critical Habitat**  **Listing**

**Status** Wo odland caribou Rangifer tarandus caribou No Endangered Columbian white

- tailed deer Odocoileus virginianus leuceurus No
Key deer Odocoileus virginianus clavium No
Sonoran pronghorn Antilocapra americana sonoriensis No
Bighorn sheep Ovis canadensis Yes Sierra Nevada bighorn sheep Ovis canadensis sierrae Yes**14** 

## IV. **Ag encies or Persons Contacted** 
Environmental and Risk Analy sis Services Policy and Program Development, APHI S, USDA 4700 River Road, Unit 149 Riverdale, MD 20737

- 1238 

## V. References
Centers for Disease Control and Preventio n, 2006. Foot

- and

- mouth disease. Available at http://www.cdc.gov/doc.do/id/0900f3ec8024f90b

. The Center for Food Security and Public Health, 2005. Classical swine fever. College of Veteri nary Medicine, Iowa State University. Ames, IA. Last updated August 2, 2005. Available at http://www.cfsph.iastate.edu/Factsheets/pdfs/classical_swine_fever.pdf

. Ac cessed 7 /1 7 /200 8

. USDA, APHI S

— See U.S. Department of Agriculture, Animal and Plant Health Inspection Service. U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 2006. APHIS evaluation of the status of Latvia regarding classical swine fever, swine vesicular disease, and foot and mouth disease. April 2006. Veterinary

Services, National Center for Import and Export, Riverdale, MD. U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary

Services , 200 7

. APHIS import risk analy sis of the Republic of Slovenia for classical swine fever, swine vesicular disease, and foot and mouth disease. October 2007. Veterinary Services, National Center for Import and Export, Riverdale, MD.