[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Rules and Regulations]
[Pages 25120-25121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11559]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 94-137-2]


Change in Disease Status of Spain Because of Swine Vesicular 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Spain free of swine vesicular disease. As 
part of this action, we are adding Spain to the list of countries that, 
although declared free of swine vesicular disease, are subject to 
restrictions on pork and pork products offered for importation into the 
United States. There have been no outbreaks of swine vesicular disease 
in Spain since April 1993. This rule relieves certain prohibitions and 
restrictions on the importation of swine and fresh, chilled, and frozen 
meat of swine into the United States from Spain. However, because 
African swine fever continues to exist in Spain, certain pork and pork 
products will continue to be prohibited.

EFFECTIVE DATE: May 26, 1995.

FOR FURTHER INFORMATION CONTACT:P Dr. John Blackwell, Senior Staff 
Veterinarian, Import/Export Animals, National Center for Import and 
Export, VS, APHIS, Suite 3B05, 4700 River Road Unit 38, Riverdale, MD 
20737-1231, (301) 734-7834.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products in order to prevent the introduction into 
the United States of [[Page 25121]] various animal diseases, including 
rinderpest, foot-and-mouth disease (FMD), bovine spongiform 
encephalopathy, African swine fever, hog cholera, and swine vesicular 
disease (SVD). These are dangerous and destructive communicable 
diseases of ruminants and swine.
    On February 7, 1995, we published in the Federal Register (60 FR 
7138-7139, Docket No. 94-137-1) a proposal to amend the regulations by 
adding Spain to the list in Sec. 94.12(a) of countries declared free of 
SVD. We further proposed to add Spain to the list in Sec. 94.13 of 
countries that have been declared free of SVD, but from which the 
importation of pork and pork products is restricted.
    We solicited comments concerning our proposal for 60 days ending 
April 10, 1995. We did not receive any comments. The facts presented in 
the proposed rule still provide a basis for this final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal 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 relieves 
certain prohibitions and restrictions on the importation of swine and 
fresh, chilled, and frozen meat of swine into the United States from 
Spain. We have determined that approximately 2 weeks are needed to 
ensure that Animal and Plant Health Inspection Service 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 made 
effective 15 days after publication in the Federal Register.

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 final rule amends the regulations in part 94 by adding Spain 
to the list of countries that have been declared free of SVD. This 
action relieves certain prohibitions and restrictions on the 
importation of swine and fresh, chilled, and frozen meat of swine into 
the United States from Spain. However, other requirements will continue 
to restrict the importation of live swine and pork and pork products.
    Even without considering the export-constraining effects of the 
restrictions that will remain in effect, it is unlikely that the change 
in Spain's disease status will noticeably affect U.S. markets for swine 
and fresh, chilled, and frozen meat of swine. Due to current 
restrictions, the United States does not import any uncooked pork or 
pork products from Spain. In 1991, the United States did not import any 
pork or pork products from Spain. In 1992, the United States imported 
only 21 metric tons of prepared and preserved pork products from Spain, 
valued at approximately $69,000, and representing only 0.008 percent of 
total U.S. pork imports for that year.
    Further, Spain has historically imported significantly larger 
amounts of pork and pork products than it exports. During 1991 and 
1992, Spain imported 66,300 metric tons of pork while exporting only 
13,000 metric tons (``FAO, Production Yearbook, 1992,'' 1992, and 
``FAO, Trade Yearbook,'' 1992). Given Spain's negative trade balance 
for pork and pork products, and since it is unlikely that Spain would 
export a significant portion of its pork exports exclusively to the 
United States, the effect of this final rule on U.S. domestic prices or 
supplies or on U.S. businesses, including small entities, will be 
negligible.
    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.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, 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.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this final rule have been approved by the Office of 
Management and Budget (OMB), and there are no new requirements. The 
assigned OMB control number is 0579-0015.

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, 9 CFR part 94 is amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC 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 2.17, 2.51, and 
371.2(d).


Sec. 94.12  [Amended]

    2. In Sec. 94.12, paragraph (a) is amended by removing the word 
``Rumania'' and adding the word ``Romania'' in its place, and by adding 
``Spain,'' immediately after ``Romania,''.


Sec. 94.13  [Amended]

    3. In Sec. 94.13, the introductory text, the first sentence is 
amended by adding ``Spain,'' immediately after ``Republic of 
Ireland,''.

    Done in Washington, DC, this 3rd day of May 1995.
George O. Winegar,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-11559 Filed 5-10-95; 8:45 am]
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