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[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Rules and Regulations]
[Pages 70037-70040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29133]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 94, and 98

[Docket No. APHIS-2009-0093]

Importation of Live Swine, Swine Semen, Pork, and Pork Products 
From Liechtenstein and Switzerland

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations governing the importation of 
animals and animal products to add Liechtenstein and Switzerland to the 
region of Europe that we recognize as low risk for classical swine 
fever (CSF). We are also adding Liechtenstein to the list of regions we 
consider free from swine vesicular disease (SVD) and to the list of 
regions considered free from foot-and-mouth disease (FMD) and 
rinderpest. These actions will relieve some restrictions on the 
importation into the United States of certain animals and animal 
products from those regions, while continuing to protect against the 
introduction of CSF, SVD, FMD, and rinderpest into the United States.

DATES: Effective Date: November 25, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Kelly Rhodes, Regionalization 
Evaluation Services, Import, Sanitary Trade Issues Team, National 
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, 
Riverdale, MD 20737; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) of the 
United States Department of Agriculture (USDA) regulates the 
importation of animals and animal products into the United States to 
guard against the introduction of animal diseases not currently present 
or prevalent in this country. The regulations in 9 CFR parts 93, 94 and 
98 (referred to below as the regulations) prohibit or restrict the 
importation of specified animals and animal products to prevent the 
introduction into the United States of various animal diseases, 
including classical swine fever (CSF), swine vesicular disease (SVD), 
foot-and-mouth disease (FMD), and rinderpest. These are dangerous and 
destructive communicable diseases of ruminants and swine.
    Sections 94.9 and 94.10 of the regulations list regions of the 
world that are declared free of or low-risk for CSF. Sections 94.24 and 
98.38 specify restrictions necessary to mitigate the risk of 
introducing CSF into the United States via the importation of pork, 
pork products, live swine, and swine semen from the region of Europe 
that we recognize as low risk for CSF (currently, 19 Member States of 
the European Union (EU)). Section 94.12 of the regulations lists 
regions that are declared free of SVD. Section 94.13 of the regulations 
lists regions that have been determined to be free of SVD, but that are 
subject to certain restrictions because of their proximity to or 
trading relationships with SVD-affected regions. Section 94.1 of the 
regulations lists regions of the world that are declared free of 
rinderpest or free of both rinderpest and FMD. Section 94.11 of the 
regulations lists regions that have been determined to be free of 
rinderpest and FMD, but that are subject to certain restrictions 
because of their proximity to or trading relationships with rinderpest- 
or FMD-affected regions.
    On May 19, 2011, we published in the Federal Register (76 FR 28910-
28913, Docket No. APHIS-2009-0093) a proposed rule \1\ to add 
Liechtenstein and Switzerland to the region of Europe that we recognize 
as low risk for CSF and to add Liechtenstein to the lists of regions we 
consider free from SVD and from FMD and rinderpest.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0093.
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    We solicited comments concerning our proposal for 60 days ending 
July 18, 2011.
    We received three comments by that date. They were from an 
individual and from two organizations representing pork producers. The 
comments are discussed below.
    With respect to our proposal to add Switzerland to the region of 
Europe that we recognize as low risk for CSF, one commenter asked about 
Switzerland's current practice regarding the feeding of catering waste 
to pigs in that country. If Switzerland allows this practice, the

[[Page 70038]]

commenter wanted APHIS to explain its decision that the level of CSF 
risk in Switzerland is equivalent to, or less than, the CSF risk in 
that portion of the EU that APHIS currently recognizes as low risk for 
CSF. The commenter stated that the EU (which does not include 
Switzerland) bans the feeding of catering waste to farm animals other 
than fur animals to reduce disease risk to swine.
    Dr. Lukas Perler, head of animal health, Swiss Federal Veterinary 
Office, has confirmed that Switzerland began enforcing a prohibition on 
feeding catering waste to pigs on July 1, 2011.
    Two commenters noted that our CSF risk evaluations for Switzerland 
and Liechtenstein indicated those countries rely on passive 
surveillance and a small amount of serological surveillance in domestic 
swine and wild boar to detect an outbreak. One commenter urged APHIS to 
require Switzerland and Liechtenstein to implement and enforce an 
active surveillance program, to be verified by APHIS, before allowing 
the countries to export meat to the United States under conditions 
applicable to regions recognized as low risk for CSF. The other 
commenter wanted APHIS to explain its decision that the level of CSF 
risk in Switzerland and Liechtenstein is equivalent to, or less than, 
the CSF risk in that portion of the EU that APHIS currently recognizes 
as low risk for CSF, when Switzerland and Liechtenstein do not have a 
national surveillance plan for CSF that is equivalent to other EU 
countries or the United States.
    Our risk assessment found no evidence that CSF virus currently 
exists in Switzerland or Liechtenstein and no immediate and significant 
risks associated with this hazard. The last CSF cases in Switzerland 
occurred in 1993 in domestic swine and 1999 in wild boar; Liechtenstein 
has never reported a CSF outbreak.
    CSF infection in free-ranging wild boar is not an immediate concern 
for introduction of the disease into Switzerland or Liechtenstein, 
since the closest known infected population is located over 150 
kilometers from the Swiss border, in Germany.
    Switzerland and Liechtenstein have adopted import and trade 
regulations concerning live animals and animal products that are 
equivalent to the European Commission regulations that apply to all EU 
Member States. Consequently, the baseline risk of CSF introduction into 
Switzerland or Liechtenstein through import or trade is similar to that 
of an EU Member State.
    Since Switzerland and Liechtenstein import very few live swine, 
require substantial veterinary oversight of the live swine that are 
imported, and essentially prohibit transit across either country, the 
risk of CSF introduction by this pathway is negligible.
    Passive surveillance in wild boar is ongoing through hunter 
submissions. Hunters are required by law to report any wild boar found 
dead to an official veterinarian, who retrieves the carcass and submits 
it for pathology and CSF testing. Some cantons--including Ticino and 
the northern cantons of Z[uuml]rich, Basel, and Aargau--require CSF 
testing of all hunted wild boar.
    The Swiss Veterinary Service is enhancing passive surveillance for 
CSF through training and outreach activities focused on producers and 
private veterinarians. The emergency response plan includes provisions 
for CSF-specific training and outreach for veterinary professionals, 
animal keepers, the hunting community, and the general public.
    In addition, Switzerland tests 700-1,000 swine each year for CSF, 
primarily for import or export of domestic swine, or for boars entering 
artificial insemination centers.
    We believe the level of surveillance for CSF is adequate and that 
the facts support our determination that level of CSF risk in 
Switzerland and Liechtenstein is equivalent to, or less than, the CSF 
risk in that portion of the EU that APHIS currently recognizes as low 
risk for CSF.
    Finally, one commenter expressed general concern about the effect 
of imports on American farmers. The Office of the United States Trade 
Representative (USTR) calls trade critical to America's prosperity--
fueling economic growth, supporting good jobs at home, raising living 
standards, and helping Americans provide for their families with 
affordable goods and services. Both imports and exports contribute to 
the U.S. economy. While exports raise productivity and incomes, imports 
increase consumer choices and purchasing power. As provided by the 
Animal Health Protection Act, APHIS regulates the importation of 
animals and animal products only to the extent necessary to protect 
against the introduction of livestock diseases and pests that could 
harm U.S. agriculture. USDA places a high priority on removing 
unnecessary trade barriers on both imports and exports.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule adds 
Liechtenstein and Switzerland to the region of Europe that we recognize 
as low-risk for CSF. This rule also adds Liechtenstein to the list of 
regions we consider free from swine vesicular disease and to the list 
of regions we consider free from FMD and rinderpest. These changes will 
allow breeding swine, swine semen, and pork and pork products to be 
imported into the United States from these countries subject to certain 
conditions. We have determined that approximately 2 weeks are needed to 
ensure that APHIS and Department of Homeland Security, Bureau of 
Customs and Border Protection, personnel at ports of entry receive 
official notice of this change in the regulations. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be effective 15 days after publication 
in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. Copies 
of the full analysis are available by contacting the person listed 
under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web 
site (see footnote 1 above for instructions for accessing 
Regulations.gov).
    Our analysis identifies U.S. swine producers as the small entities 
potentially affected by the provisions of the rule, but also notes that 
Switzerland and Liechtenstein have, historically, exported a minimal 
amount of swine or swine products.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Service has determined that this action will not have a 
significant economic impact on a substantial number of small entities.

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 no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

[[Page 70039]]

Paperwork Reduction Act

    This final rule contains no 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 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 98

    Animal diseases, Imports.
    Accordingly, we are amending 9 CFR parts 93, 94, and 98 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues to read as follows:

    Authority:  7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

0
2. In Sec.  93.500, the definition of APHIS-defined EU CSF region is 
removed and a definition of APHIS-defined European CSF region is added, 
in alphabetical order, to read as follows:

Sec.  93.500  Definitions.

* * * * *
    APHIS-defined European CSF region. The regions of Austria, Belgium, 
the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, 
Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, 
Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the 
United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern 
Ireland).
* * * * *

Sec.  93.505  [Amended]

    3. In Sec.  93.505, paragraph (a), the words ``APHIS-defined EU CSF 
region'' are removed and the words ``APHIS-defined European CSF 
region'' are added in their place.

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE 
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE 
VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED 
AND RESTRICTED IMPORTATIONS

0
4. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 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.

0
5. In Sec.  94.0, the definition of APHIS-defined EU CSF region is 
removed and a definition of APHIS-defined European CSF region is added, 
in alphabetical order, to read as follows:

Sec.  94.0  Definitions.

* * * * *
    APHIS-defined European CSF region. The regions of Austria, Belgium, 
the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, 
Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, 
Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the 
United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern 
Ireland).
* * * * *

Sec.  94.1  [Amended]

0
6. In Sec.  94.1, paragraph (a)(2) is amended by adding the word 
``Liechtenstein,'' immediately after the word ``Latvia,''.

Sec.  94.9  [Amended]

0
7. In Sec.  94.9, paragraphs (b) and (c) introductory text, the words 
``APHIS-defined EU CSF region'' are removed each time they appear and 
the words ``APHIS-defined European CSF region'' are added in their 
place.

Sec.  94.10   [Amended]

0
8. In Sec.  94.10, paragraphs (b) and (c), the words ``APHIS-defined EU 
CSF region'' are removed each time they appear and the words ``APHIS-
defined European CSF region'' are added in their place.

Sec.  94.11  [Amended]

0
9. In Sec.  94.11, paragraph (a) is amended by adding the word 
``Liechtenstein,'' immediately after the word ``Latvia,''.

Sec.  94.12  [Amended]

0
10. In Sec.  94.12, paragraph (a) is amended by adding the word 
``Liechtenstein,'' immediately after the word ``Latvia,''.

Sec.  94.13  [Amended]

0
11. In Sec.  94.13, in the introductory text, the first sentence is 
amended by adding the word ``Liechtenstein,'' immediately after the 
word ``Latvia,''.

Sec.  94.24  [Amended]

0
12. Section 94.24 is amended as follows:
0
a. In the section heading, by removing the words ``APHIS-defined EU CSF 
region'' and adding the words ``APHIS-defined European CSF region'' in 
their place.
0
b. In paragraph (a) introductory text and paragraph (a)(1)(i), by 
removing the words ``APHIS-defined EU CSF region'' each time they 
appear and adding the words ``APHIS-defined European CSF region'' in 
their place.
0
c. In paragraphs (a)(1)(ii) and (a)(1)(iii), by removing the words 
``APHIS-defined EU CSF region'' each time they appear and adding the 
words ``APHIS-defined European CSF region'' in their place, and by 
removing the words ``of the Member State'' each time they appear.
0
d. In paragraph (a)(5), by removing the words ``of the APHIS-defined EU 
CSF region Member State''.
0
e. In paragraph (b) introductory text and paragraph (b)(2)(i), by 
removing the words ``APHIS-defined EU CSF region'' each time they 
appear and adding the words ``APHIS-defined European CSF region'' in 
their place.
0
f. In paragraph (b)(2)(ii) and (b)(2)(iii), by removing the words ``the 
APHIS-defined EU CSF region'' each time they appear and adding the 
words ``the APHIS-defined European CSF region'' in their place, and by 
removing the words ``of the Member State'' each time they appear.
0
g. In paragraph (b)(6), by removing the words ``of the APHIS-defined EU 
CSF region Member State''.

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

0
13. The authority citation for part 98 continues to read as follows:

    Authority:  7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

0
14. In Sec.  98.30, the definition of APHIS-defined EU CSF region is 
removed and a definition of APHIS-defined European CSF region is added, 
in alphabetical order, to read as follows:

Sec.  98.30  Definitions.

* * * * *
    APHIS-defined European CSF region. The regions of Austria, Belgium, 
the

[[Page 70040]]

Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, 
Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, 
Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the 
United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern 
Ireland).
* * * * *

Sec.  98.38  [Amended]

0
15. Section 98.38 is amended as follows:
0
a. In the section heading, by removing the words ``APHIS-defined EU CSF 
region'' and adding the words ``APHIS-defined European CSF region'' in 
their place.
0
b. In the introductory text, by removing the words ``APHIS-defined EU 
CSF region'' and adding the words ``APHIS-defined European CSF region'' 
in their place.
0
c. In paragraph (a), by removing the words ``of the APHIS-defined EU 
CSF region Member State''.
0
d. In paragraph (b)(1), by removing the words ``APHIS-defined EU CSF 
region'' and adding the words ``APHIS-defined European CSF region'' in 
their place.
0
e. In paragraphs (b)(2) and (b)(3), by removing the words ``APHIS-
defined EU CSF region'' each time they appear and adding the words 
``APHIS-defined European CSF region'' in their place, and by removing 
the words ``of the Member State'' each time they appear.
0
f. In paragraph (i), by removing the words ``of the APHIS-defined EU 
CSF region Member State''.

    Done in Washington, DC, this 4th day of November 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-29133 Filed 11-9-11; 8:45 am]
BILLING CODE 3410-34-P
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