[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Rules and Regulations]
[Pages 40292-40293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19720]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 96-014-2]
Change in Disease Status of The Netherlands Because of Hog
Cholera and Swine Vesicular Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are declaring The Netherlands free of hog cholera and swine
vesicular disease. As part of this action, we are adding The
Netherlands 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. Declaring The
Netherlands free of hog cholera and swine vesicular disease is
appropriate because there have been no confirmed outbreaks of hog
cholera or swine vesicular disease in The Netherlands since 1992 and
1994, respectively. This rule relieves certain restrictions on the
importation of pork and pork products into the United States from The
Netherlands. However, because The Netherlands shares common land
borders with countries affected by swine vesicular disease, the
importation into the United States of pork and pork products from The
Netherlands will continue to be restricted.
EFFECTIVE DATE: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian,
Products Program, National Center for Import and Export, VS, APHIS,
4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-8688; or
e-mail: jcougill@aphis.usda.gov.
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 of
various animal diseases, including rinderpest, foot-and-mouth disease,
African swine fever, hog cholera, and swine vesicular disease (SVD).
These are dangerous and destructive communicable diseases of ruminants
and swine.
Sections 94.9(a) and 94.10(a) of the regulations provide that hog
cholera exists in all countries of the world except those listed in
Secs. 94.9(a) and 94.10(a), which are declared to be free of hog
cholera. Section 94.12(a) of the regulations provides that SVD is
considered to exist in all countries of the world except those listed
in Sec. 94.12(a), which are declared to be free of SVD.
On April 4, 1996, we published in the Federal Register (61 FR
14999-15000, Docket No. 96-014-1) a proposal to amend the regulations
by adding The Netherlands to the lists of countries in Secs. 94.9(a),
94.10(a), and 94.12(a) of the regulations that have been declared free
of hog cholera and SVD. We further proposed to add The Netherlands to
the list of countries in Sec. 94.13 that, although declared free of
swine vesicular disease, are subject to restrictions on pork and pork
products offered for importation into the United States. These actions
would relieve certain restrictions on the importation of pork and pork
products into the United States from The Netherlands.
We solicited comments concerning our proposal for 60 days ending
June 3, 1996. We did not receive any comments. The facts presented in
the proposed rule still provide the 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 restrictions on the importation of pork and pork products into
the United States from The Netherlands. We have determined that
approximately 2 weeks are needed to ensure that the 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 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 rule amends the regulations in part 94 by adding The
Netherlands to the lists of countries that have been declared free of
hog cholera and SVD. This action relieves certain restrictions on the
importation of pork and pork products into the United States from The
Netherlands. However, the importation of pork and pork products into
the United States from The Netherlands will continue to be restricted
because The Netherlands shares a common land border with Belgium, where
SVD is considered to exist. While there are inspection and
certification procedures for ensuring that commingling of pork and pork
products from the two countries does not take place, these procedures
are not without cost. Therefore, recognition of The Netherlands as free
of hog cholera and SVD is not expected to significantly affect pork
exports to the United States. The total value of pork exported to the
United States from The Netherlands in 1994 was $13.2 million (less than
two percent of the value of all U.S. pork imports). There were no live
swine exported from The Netherlands to the United States in 1994.
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 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 40293]]
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, 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 2.22, 2.80, and
371.2(d).
Sec. 94.9 [Amended]
2. In Sec. 94.9, paragraph (a) is amended by adding ``The
Netherlands,'' immediately after ``Iceland,''.
Sec. 94.10 [Amended]
3. In Sec. 94.10, paragraph (a) is amended by adding ``The
Netherlands,'' immediately after ``Iceland,''.
Sec. 94.12 [Amended]
4. In Sec. 94.12, paragraph (a) is amended by adding ``The
Netherlands,'' immediately after ``Mexico,''.
Sec. 94.13 [Amended]
5. In Sec. 94.13, the introductory text, the first sentence is
amended by adding ``The Netherlands,'' immediately after
``Luxembourg,''.
Done in Washington, DC, this 29th day of July 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-19720 Filed 8-1-96; 8:45 am]
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