[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Rules and Regulations]
[Pages 20883-20884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10460]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-026-2]
Change in Disease Status of Portugal Because of African Swine
Fever
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations to remove Portugal from the
list of regions where African swine fever exists. We are taking this
action because Portugal is now free of African swine fever. This action
relieves restrictions due to African swine fever on the importation of
pork and pork products into the United States from Portugal. However,
because Portugal is on the list of regions where hog cholera exists and
the list of regions that are subject to certain restrictions because of
their proximity to or trading relationships with rinderpest- or foot-
and-mouth disease-affected countries, Portugal continues to be subject
to certain restrictions regarding the importation into the United
States of pork and pork products.
EFFECTIVE DATE: May 14, 2002.
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; (301) 734-4356.
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
(FMD), African swine fever (ASF), hog cholera, and swine vesicular
disease. These are dangerous and
[[Page 20884]]
destructive communicable diseases of ruminants and swine. Section 94.8
of the regulations lists regions of the world where 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.
On December 10, 2001, we published in the Federal Register (66 FR
63633-63634, Docket No. 01-026-1) a proposal to amend the regulations
by removing Portugal from the list in Sec. 94.8 of regions where ASF
exists.
We solicited comments concerning our proposal for 60 days ending
February 8, 2002.
We did not receive any comments. Therefore, for the reasons given
in the proposed rule, 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 removes
certain restrictions on the importation of pork or pork products into
the United States from Portugal. We have determined that approximately
2 weeks are needed to ensure that Animal 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 under Executive Order 12866.
We are amending the regulations to remove Portugal from the list of
regions where ASF exists. We are taking this action because Portugal is
now free of ASF. This action relieves restrictions due to ASF on the
importation of pork and pork products into the United States from
Portugal. However, because Portugal is on the list of regions where hog
cholera exists and the list of regions that are subject to certain
restrictions because of their proximity to or trading relationships
with rinderpest- or FMD-affected countries, Portugal continues to be
subject to certain restrictions regarding the importation into the
United States of pork and pork products.
The following analysis addresses the economic effect of this rule
on small entities, as required by the Regulatory Flexibility Act.
Entities in the United States likely to be affected by this rule
include those engaged in the production of swine and processed pork
products. Since Portugal has never exported pork or pork products to
the United States, we anticipate that this rule will have no economic
effect on U.S. swine importers, hog meat processors, hog producers, or
any other entities, large or small. However, should Portugal commence
the exportation of pork and pork products to the United States,
restrictions on the importation of pork and pork products into the
United States from Portugal will still be in place because Portugal is
on the list of regions where hog cholera exists and the list of regions
that are subject to certain restrictions because of their proximity to
or trading relationships with rinderpest-or FMD-affected countries.
Given those continuing restrictions, we believe any potential imports
of processed pork and pork products from Portugal would be minimal.
Likewise, because any potential increase in imports of processed pork
and pork products from Portugal would be slight, the potential effect
on U.S. swine producers and processors of pork is expected to be
minimal.
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 12988
This final 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.
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 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. 450, 7711, 7712, 7713, 7714, 7751, and 7754;
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 371.4.
Sec. 94.8 [Amended]
2. In Sec. 94.8, the introductory text of the section is amended by
removing the word ``Portugal,''.
Done in Washington, DC, this 24th day of April 2002 .
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-10460 Filed 4-26-02; 8:45 am]
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