[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72912-72913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33839]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 99-096-1]
Change in Disease Status of Portugal Because of African Swine
Fever
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations governing the importation of
pork and pork products by adding Portugal to the list of regions where
African swine fever exists. We are taking this action because there has
been an outbreak of African swine fever in Portugal. This action will
restrict the importation of pork and pork products into the United
States from Portugal and is necessary to prevent the introduction of
African swine fever into the United States.
DATES: Interim rule effective November 5, 1999. We invite you to
comment on this docket. We will consider all comments that we receive
by February 28, 2000.
ADDRESSES: Please send your comment and three copies to: Docket No. 99-
096-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 99-096-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; or phone (301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation of certain animals and animal
products into the United States in order to prevent the introduction of
various animal diseases, including rinderpest, foot-and-mouth disease,
African swine fever, hog cholera, and swine vesicular disease. These
are dangerous and destructive communicable diseases of ruminants and
swine. Section 94.8 of the regulations lists regions of the world where
African swine fever (ASF) exists or is reasonably believed to exist.
Section 94.8 also restricts the importation of pork and pork products
into the United States from the listed regions.
Prior to the effective date of this interim rule, Portugal was
considered free of ASF. However, on November 5, 1999, a suspected
outbreak of ASF was detected in Portugal. The outbreak was confirmed by
laboratory tests on November 15, 1999. On November 19, 1999, it was
reported by the Director General of Veterinary Services of Portugal's
Ministry of Agriculture. Therefore, in order to prevent the
introduction of ASF into the United States, we are amending the
regulations by adding Portugal to the list of regions in 94.8 where ASF
exists or is reasonably believed to exist. We are making this action
effective retroactively to November 5, 1999, which was the initial date
of detection. As a result of this action, the importation, into the
United States, of pork and pork products that left Portugal on or after
November 5, 1999, will be restricted.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment.
Immediate action is necessary to prevent the introduction of ASF into
the United States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make this
action effective less than 30 days after publication. We will consider
[[Page 72913]]
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. The document will
include a discussion of any comments we receive and any amendments we
are making to the rule as a result of the comments.
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 interim rule amends the regulations governing the importation
of pork and pork products by adding Portugal to the list of regions
where ASF exists. We are taking this action because there has been an
outbreak of ASF in Portugal. This action will restrict the importation,
into the United States, of pork and pork products that left Portugal on
or after November 5, 1999. This action is necessary to prevent the
introduction of ASF into the United States.
This emergency situation makes compliance with section 603 and
timely compliance with section 604 of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) impracticable. If we determine that this rule would
have a significant economic impact on a substantial number of small
entities, then we will discuss the issues raised by section 604 of the
Regulatory Flexibility Act in our final regulatory flexibility
analysis.
Executive Order 12988
This interim rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are in conflict with this rule; (2) Has
retroactive effect to November 5, 1999; and (3) Does not require
administrative proceedings before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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, we are amending 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC 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 2.22, 2.80, and
371.2(d).
Sec. 94.8 [Amended]
2. In 94.8, the introductory paragraph is amended by removing the
word ``and'' immediately before ``Malta,'' and adding the word
``Portugal,'' immediately following ``Malta,''.
Done in Washington, DC, this 17th day of December 1999 .
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-33839 Filed 12-28-99; 8:45 am]
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