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###### Department of Agriculture

###### Animal and Plant Health Inspection Service

          - [Docket No. APHIS-2022-0073]

# AGENCY:

Animal and Plant Health Inspection Service, USDA.

# ACTION:

Notice.

# SUMMARY:

We are advising the public that we have added the Federal Democratic Republic of Nepal to the Animal and Plant Health Inspection Service (APHIS) list maintained on the APHIS website of regions considered to be affected with African swine fever (ASF). We have taken this action because of the confirmation of ASF in the Federal Democratic Republic of Nepal.

# DATES:

The Federal Democratic Republic of Nepal was added to the APHIS list of regions considered affected with ASF effective May 23, 2022.

# FOR FURTHER INFORMATION CONTACT:

                        Dr. Amber Kerk, Staff Officer, Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, APHIS, 920 Main Campus Drive, Venture II, 3rd Floor, Raleigh, NC 27606; phone: (608) 662-0625; email:                         *AskRegionalization@usda.gov.*

# SUPPLEMENTARY INFORMATION:

                    The regulations in 9 CFR part 94 (referred to below as the regulations) govern the importation of specified animals and animal products to prevent the introduction into the United States of various animal diseases, including African swine fever (ASF). ASF is a highly contagious disease of wild and domestic swine that can spread rapidly with extremely high rates of morbidity and mortality. A list of regions where ASF exists or is reasonably believed to exist is maintained on the Animal and Plant Health Inspection Service (APHIS) website at                     *https://www.aphis.usda.gov/​aphis/​ourfocus/​animalhealth/​animal-and-animal-product-import-      ( print page 72989)    information/​animal-health-status-of-regions/​.*                     This list is referenced in § 94.8(a)(2) of the regulations.                

                    Section 94.8(a)(3) of the regulations states that APHIS will add a region to the list referenced in § 94.8(a)(2) upon determining ASF exists in the region or having reason to believe the disease exists in the region, based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (WOAH),[1]                                          or from other sources the Administrator determines to be reliable, or upon determining that there is reason to believe the disease exists in the region. Section 94.8(a)(1) of the regulations specifies the criteria on which the Administrator bases the reason to believe ASF exists in a region. Section 94.8(b) prohibits the importation of pork and pork products from regions listed in accordance with § 94.8 except if processed and treated in accordance with the provisions specified in that section or consigned to an APHIS-approved establishment for further processing. Section 96.2 restricts the importation of swine casings that originated in or were processed in a region where ASF exists, as listed under § 94.8(a).                

On May 18, 2022, the veterinary authorities of the Federal Democratic Republic of Nepal reported to WOAH the occurrence of ASF in that country. In response to that report, on May 23, 2022, APHIS added the Federal Democratic Republic of Nepal to the list of regions where ASF exists or the Administrator has reason to believe that ASF exists, in compliance with  § 94.8(a)(3). This notice serves as an official record and public notification of that action.

As a result, pork and pork products from Nepal, including casings, are subject to APHIS import restrictions designed to mitigate the risk of ASF introduction into the United States.

                    Pursuant to the Congressional Review Act (5 U.S.C. 801*et seq.*), the Office of Information and Regulatory Affairs designated this action as not a major rule, as defined by 5 U.S.C. 804(2).                

*Authority:*7 U.S.C. 1633, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.                

Done in Washington, DC, this 17th day of October 2023.

Michael Watson,

Acting Administrator, Animal and Plant Health Inspection Service.

# Footnotes

1.                             The World Organization for Animal Health internationally follows a British English spelling of “organisation” in its name; also, it was formerly the Office International des Epizooties, or OIE, but on May 28, 2022, the Organization announced that the acronym was changed from OIE to WOAH.                    
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[FR Doc. 2023-23483 Filed 10-23-23; 8:45 am]

BILLING CODE 3410-34-P