[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54574-54575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27812]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-040-2]


Change in Disease Status of Spain Because of Hog Cholera

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations by removing Spain from the list of 
countries considered to be free from hog cholera. We took this action 
based on reports we received from Spain's Ministry of Agriculture that 
an outbreak of hog cholera had occurred in Spain. As a result of this 
action, there are additional restrictions on the importation of pork 
and pork products into the United States from Spain, and the 
importation of swine from Spain is prohibited.

EFFECTIVE DATE: The interim rule was effective on April 18, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian, 
Products Program, National Center for Import and Export, VS, APHIS, 
suite 3B05, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 
734-3399; or e-mail: <a href="/cdn-cgi/l/email-protection#8ce6efe3f9ebe5e0e0ccedfce4e5ffa2f9ffe8eda2ebe3fa"><span class="__cf_email__" data-cfemail="c0aaa3afb5a7a9acac80a1b0a8a9b3eeb5b3a4a1eea7afb6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective on April 18, 1997, and published in 
the Federal Register on May 27, 1997 (62 FR 28619-28620, Docket No. 97-
040-1), we amended the regulations in Secs. 94.9(a) and 94.10(a) by 
removing Spain from the list of countries considered to be free from 
hog cholera.
    Comments on the interim rule were required to be received on or 
before July 28, 1997. We did not receive any comments. The facts 
presented in the interim rule still provide a basis for the rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866 and 12988, and the Paperwork 
Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
removing Spain from the list of countries that are considered to be 
free of hog cholera. We took this action based on reports we received 
from Spain's Ministry of Agriculture that an outbreak of hog cholera 
had occurred in Spain. As a result of this action, there are additional 
restrictions on the importation of pork and pork products into the 
United States from Spain, and the importation of swine from Spain is 
prohibited.
    The United States produced 17,697 million pounds of pork with a 
gross income of $10 billion in 1995. Pork imports in 1995 were 
approximately 593 million pounds, while exports were 582 million 
pounds. Prior to the interim rule, the United States did not import any 
live swine from Spain. In 1995, the United States imported 57,320 
pounds of pork from Spain and exported 37,480 pounds to Spain. This is 
equivalent to 0.01 percent and 0.006 percent of the total U.S. imports 
and exports of pork, respectively. As these proportions show,

[[Page 54575]]

U.S. pork trade with Spain has been very small. The interim rule could 
result in less pork being imported into the United States from Spain.
    Among the potential entities that may be affected by the interim 
rule are U.S. producers, consumers, and importers. Since the amount of 
pork imported from Spain has been so small compared to the amount 
produced domestically and total pork imports, no impact on consumer and 
producer prices is expected. Also, there should be little or no impact 
on importers. Because the amount of pork imported from Spain has been 
so small, importers should easily find replacements from other approved 
sources.
    Further, if pork imports from Spain were not restricted and hog 
cholera was introduced into the United States from Spain, the economic 
impact on consumers, tax payers, and exporters could be great. 
Consumers would be affected by increased costs and reduced availability 
of pork. The cost to tax payers to eradicate or contain the disease 
would be considerable. Exporters would likely face restrictions on 
exporting pork to traditional foreign markets. Affected producers would 
face increased production costs. The benefits of avoiding the potential 
cost of a disease outbreak outweighs by far the minimal impact of this 
rule on consumers, producers, and importers of pork products.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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.

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAQUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR 94 and that was published at 62 FR 
28619-28620 on May 27, 1997.

    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).

    Done in Washington, DC, this 15th day of October 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-27812 Filed 10-20-97; 8:45 am]
BILLING CODE 3410-34-P


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