[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Rules and Regulations]
[Pages 43305-43307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21455]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 96-025-2]
Change in Disease Status of Spain 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 by declaring Spain free of
African swine fever. This action is appropriate because there have been
no confirmed outbreaks of African swine fever in Spain since September
1994. This rule relieves restrictions on the importation of pork and
pork products into the United States from Spain. However, because Spain
shares common land borders with countries affected by certain swine
diseases and because
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Spain, as a member state of the European Union, has certain trade
practices that are less restrictive than are acceptable to the United
States, the importation into the United States of pork and pork
products from Spain continues to be subject to certain restrictions.
EFFECTIVE DATE: September 6, 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 into
the United States of various animal diseases, including rinderpest,
foot-and-mouth disease, bovine spongiform encephalopathy, swine
vesicular disease, hog cholera, and African swine fever (ASF). These
are dangerous and destructive communicable diseases of ruminants and
swine.
Section 94.8 of the regulations provides that ASF exists or is
reasonably believed to exist in all the countries of Africa, Brazil,
Cuba, Haiti, Italy, Malta, Portugal, and Spain. We will consider
declaring a country to be free of ASF if there have been no reported
cases of the disease in that country for at least the previous 1-year
period. The last case of ASF in Spain occurred in September 1994. The
Government of Spain has requested that the U.S. Department of
Agriculture (USDA) recognize Spain to be free of ASF.
On May 29, 1996, we published in the Federal Register (61 FR 26850-
26852, Docket No. 96-025-1) a proposal to amend the regulations by
removing Spain from the list of countries where ASF exists or is
reasonably believed to exist. This action would relieve certain
restrictions on the importation of pork and pork products into the
United States from Spain, including restrictions on the importation of
live swine and fresh pork and pork products, and would eliminate
requirements on the curing time for Spanish hams and other pork
products offered for importation into the United States from Spain.
We solicited comments concerning our proposal for 60 days ending
July 29, 1996. We received 5 comments by that date. They were from
representatives of industry and a foreign government. All responses
were in favor of the provisions outlined in the proposed 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 removes Spain
from the list of countries where ASF exists or is reasonably believed
to exist. This action relieves certain restrictions on the importation
of pork and pork products into the United States from Spain, including
restrictions on the importation of live swine and fresh pork and pork
products, and eliminates requirements on the curing time for Spanish
hams and other pork products offered for importation into the United
States from Spain. 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.
In accordance with 5 U.S.C. 601 et seq., we have performed a Final
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this rule on small entities.
In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and
134a, the Secretary of Agriculture has the authority to promulgate
regulations and take measures to prevent the introduction into the
United States, and the interstate dissemination within the United
States, of communicable diseases of livestock and poultry.
This rule amends the regulations in part 94 by removing Spain from
the list of countries where ASF exists or is reasonably believed to
exist. This action relieves certain restrictions on the importation of
live swine, pork, and pork products into the United States from Spain.
However, because of Spain's proximity to France and Portugal (countries
affected by serious swine diseases) and Spain's trading practices as a
member state of the European Union, other requirements continue to
restrict the importation of pork and pork products from Spain.
In 1992, the majority (approximately 96.3 percent) of all hog and
pig farmers in the United States qualified as small entities. However,
we expect the impact of relieving restrictions on live swine imports
from Spain on these producers to be minimal because the swine industry
of Spain is relatively small compared to the market in the United
States. In 1994, swine production in Spain was estimated to be 26.7
million head, compared to swine production in the United States of over
100 million head. Also, in 1994, Spain exported a little more than 0.5
million live swine, or less than 2 percent of its total swine
production, and all of those animals were directed to countries in
Europe.
Total imports of live swine into the United States are very small
relative to domestic production. In 1993, only 1.75 million head were
imported into the United States. Due to transportation costs and other
factors, nearly all of the live swine imported into the United States
(more than 99.8 percent in 1993) are from Canada. Most of the live
swine that are imported from Western Europe into the United States are
imported in very small numbers, to be used for genetic improvements of
domestic stock. We expect that the importation of swine embryos and
semen will not increase as a result of this rule. Movement of swine
embryos and semen is limited because the technology is not as advanced
as it is for other species.
Like domestic swine producers, the majority of pork producers (97
percent of 1367 meat packing establishments and 98 percent of 1264
other processing plants, according to 1992 data) qualify as small
entities. We expect the effect of this rule on these entities will be
minimal because, while Spain produces a considerable amount of pork
(2.107 million metric tons in 1994), its total pork production amounts
to only about 26 percent of the total pork production of the United
States. Additionally, most of Spain's pork production is consumed
within Spain, as its population consumes pork at a rate greater than
1.6 times that of the U.S. population.
In 1994, Spain exported approximately 83,000 metric tons of pork,
but more than 97 percent of these exports were to European countries.
While Spanish exports of pork are growing and its imports of pork are
declining, Spain has historically been a net importer of pork. From
1991 to 1993, Spain imported well over twice as
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much pork as it exported. Even if Spain were able to redirect all of
its exports of pork to the United States, it would constitute a small
portion of the domestic market, as U.S. pork production was 8 million
metric tons in 1994.
Since 1985, the United States has expanded its pork exports by more
than four times to reach 240,858 metric tons in 1994. Simultaneously,
the United States has decreased its pork imports, as exemplified by a
decrease of approximately 34 percent in 1994, and the trend is
continuing. In an average year, up to 90 percent of pork imported into
the United States comes from Canada and Denmark.
Domestic pork producers most likely to be affected by this rule are
a small number of domestic producers of specific specialty pork
products. We anticipate increased imports into the United States from
Spain of dry-cured, ready-to-eat ham; dry-cured, salted, boneless loin;
and dry-cured sausages, particularly Serrano ham. Most of these
products are similar to Parma and prosciutto hams and other cured pork
products being produced domestically and produced in other countries
for importation into the United States, but Serrano ham is a specialty
product with unique water content, color, aroma, and flavor.
Spain currently produces approximately 350,000 metric tons of all
types of cured ham per year. It is estimated that in 1994 more than
975,000 metric tons of all types of cured ham were produced in the
United States. While Spanish production of all types of cured ham
represents approximately 36 percent of U.S. cured ham production,
Spain's domestic consumption of cured pork is considerably higher than
consumption in the United States. About 40 percent of Spain's total
pork consumption consists of cured pork. In 1994, Spain exported only
4,135 metric tons of cured ham, which amounts to significantly less
than 1 percent of total U.S. production of cured pork. These exports
were directed primarily to France, Argentina, Portugal, and Germany.
From all indications, only a few of the largest 18 cured pork
producers in Spain, which account for 50 percent of Spanish production
of cured pork, have an interest in or a capability for penetrating the
U.S. market over the foreseeable future. Further, we estimate that the
maximum amount of cured pork products that Spain can expect to export
to the United States will likely not exceed 500 metric tons annually,
and this ceiling will likely not be reached for a period of about 5
years because the imports arriving in the United States from Spain will
still be required to meet Food Safety and Inspection Service standards
before entering the country.
We estimate that there are approximately 15 companies in the United
States producing significant amounts of specialty processed pork
products that will compete with the potential imports from Spain. A
small portion of these producers are very large, and these specialty
products constitute only a small fraction of their overall business.
Therefore, we expect the impact of this rule on these large companies
will be minimal. However, the small producers may be impacted by
additional imports. Yet, without specific information on (1) the
quantity of additional imports generated by the rule change, (2) the
quantity of domestic production, and (3) the degree to which Spanish
imports will displace other imports rather than domestic production,
the impact on small domestic producers cannot be predicted.
An alternative to this rule was to make no changes in the
regulations. We rejected this alternative because Spain has had no
reported cases of ASF since September 1994, and, therefore, we have no
scientific reason to continue considering Spain to be a country where
ASF exists.
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.
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. 94.8 [Amended]
2. In Sec. 94.8, the introductory text is amended by removing the
words ``, and Spain'' and by adding the word ``and'' immediately
preceding the word ``Portugal''.
Done in Washington, DC, this 16th day of August 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-21455 Filed 8-21-96; 8:45 am]
BILLING CODE 3410-34-P
