Importation of Live Swine, Swine Semen, Pork, and Pork Products; Estonia, Hungary, Slovakia, and Slovenia, 74555-74559 [2012-30259]
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74555
Rules and Regulations
Federal Register
Vol. 77, No. 242
Monday, December 17, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
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new books are listed in the first FEDERAL
REGISTER issue of each week.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 98
[Docket No. APHIS–2008–0043]
RIN 0579–AD20
Importation of Live Swine, Swine
Semen, Pork, and Pork Products;
Estonia, Hungary, Slovakia, and
Slovenia
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
APHIS is amending the
regulations governing the importation of
certain animal embryos and animal
semen by removing one of the
conditions for the importation of swine
semen from the APHIS-defined
European CSF region, a region of Europe
that we recognize as a single low-risk
region for classical swine fever. We have
determined that the 40-day holding
period for swine semen and donor boars
after the collection of swine semen is
unnecessary. We are also announcing
the addition of Estonia, Hungary,
Slovakia, and Slovenia to the APHISdefined European CSF region, the
addition of Estonia, Slovakia, and
Slovenia to the list of regions APHIS
considers free of swine vesicular disease
(SVD), and the addition of Slovakia and
Slovenia to the list of regions APHIS
considers free of foot-and-mouth disease
(FMD) and rinderpest. These actions
will relieve some restrictions on the
importation into the United States of
certain animals and animal products
from those regions, while continuing to
protect against the introduction of CSF,
SVD, FMD, and rinderpest into the
United States.
DATES: Effective Date: January 16, 2013.
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SUMMARY:
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Mr.
Donald Link, Import Risk Analyst,
Regionalization Evaluation Services,
National Center for Import and Export,
VS, APHIS, 920 Main Campus Drive,
Suite 200, Raleigh, NC 27606; (919)
855–7731.
FOR FURTHER INFORMATION CONTACT:
The Animal and Plant Health
Inspection Service (APHIS) of the
United States Department of Agriculture
(USDA) regulates the importation of
animals and animal products into the
United States to guard against the
introduction of animal diseases not
currently present or prevalent in this
country.
The regulations in 9 CFR part 94
(referred to below as the regulations)
prohibit or restrict the importation of
specified animals and animal products
to prevent the introduction into the
United States of various animal
diseases, including classical swine fever
(CSF), foot-and-mouth disease (FMD),
swine vesicular disease (SVD), and
rinderpest. These are dangerous and
communicable diseases of ruminants
and swine.
The regulations in 9 CFR part 98
govern the importation of animal
germplasm to prevent the introduction
of contagious diseases of livestock and
poultry into the United States. Subparts
A and B of part 98 apply to animal
embryos, and subpart C (§§ 98.30
through 98.38) applies to animal semen.
Sections 94.0, 94.9, and 94.10 of the
regulations provide for the listing of
regions of the world that APHIS
considers free of, or low-risk for, CSF.
The APHIS-defined European CSF
region, consisting of countries of Europe
that we currently recognize as a single
region with regard to CSF, is currently
the only region we consider low-risk for
CSF. Sections 94.24 and 98.38 specify
restrictions necessary to mitigate the
risk of introducing CSF into the United
States via pork, pork products, live
swine, and swine semen from that
region.
Section 94.12 of the regulations
provides for the listing of regions that
are declared free of SVD, and § 94.13 of
the regulations provides for the listing
of regions that have been determined to
be free of SVD, but that are subject to
certain restrictions because of their
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proximity to or trading relationships
with SVD-affected regions.
Section 94.1 of the regulations
provides for the listing of regions of the
world that are declared free of
rinderpest or free of both rinderpest and
FMD. Section 94.11 of the regulations
provides for the listing of regions that
have been determined to be free of
rinderpest and FMD, but that are subject
to certain restrictions because of their
proximity to or trading relationships
with rinderpest- or FMD-affected
regions.
On February 11, 2011, we published
in the Federal Register a proposed rule 1
(76 FR 7721–7731, Docket No. APHIS–
2008–0043) to add Estonia, Hungary,
Slovakia, and Slovenia to the APHISdefined EU CSF region. (NOTE: In a
final rule published on November 10,
2011 [76 FR 70037–70040, Docket No.
APHIS–2009–0093], APHIS changed the
term ‘‘APHIS-defined EU CSF region’’ to
‘‘APHIS-defined European CSF region.’’)
We also proposed to add Estonia,
Slovakia, and Slovenia to the list of
regions we consider free of SVD and to
add Slovakia and Slovenia to the list of
regions considered free of FMD and
rinderpest. Finally, we proposed to
amend § 98.38 to remove the 40-day
post-collection holding period for swine
semen and donor boars prior to export
of swine semen from the APHIS-defined
EU CSF region to the United States.
Except for semen collected from swine
in Denmark, Finland, the Republic of
Ireland, Sweden, or the United
Kingdom, we required that, before
swine semen may be exported to the
United States, the semen and donor
boars be held at the semen collection
center for at least 40 days following
collection of the semen, and that the
donor boars, along with all other swine
at the semen collection center, exhibit
no clinical signs of CSF.
We solicited comments concerning
the proposed rule for 60 days ending
April 12, 2011, and received three
comments by that date. They were from
an organization representing the pork
industry within the United States and
two private citizens. These comments
are discussed below by topic.
1 To view the proposed rule, supporting
documents, or the comments we received, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2008-0043.
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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations
Comments Regarding Evaluations of
Animal Disease Status in Support of the
Proposed Rule
In order for APHIS to evaluate the
CSF, SVD, FMD, and/or rinderpest
status of their respective countries, the
Governments of Estonia, Hungary,
Slovakia, and Slovenia provided us with
information regarding the authority,
organization, and infrastructure of the
official veterinary services in their
countries; the status of their countries
and adjacent regions with regard to the
disease(s) under evaluation; the degree
to which their countries are separated
from regions of higher risk; and
livestock demographics and marketing
practices. They also provided
information regarding vaccination
against the disease(s) of interest; the
extent of active disease control
programs for the diseases; movement
controls and biosecurity for movement
from higher risk regions; disease
surveillance; diagnostic laboratory
capabilities; and emergency response
capacity.
Based on this information, a site visit
to each country, and other publicly
available information, APHIS prepared
an evaluation regarding the CSF and
SVD status of Estonia; an evaluation
regarding the CSF status of Hungary; an
evaluation regarding the CSF, SVD,
FMD, and rinderpest status of Slovakia;
and an evaluation regarding the CSF,
SVD, FMD, and rinderpest status of
Slovenia. The conclusions in these
evaluations led us to issue the proposed
rule.
One commenter stated that, since the
evaluations were finalized, FMD has
been detected in Bulgaria. The
commenter stated that European
Commission 2 (EC) regulations regarding
FMD are adequate to monitor, detect,
control, and eradicate the disease in
Member States, but also suggested that
the introduction of FMD into Bulgaria
was due to that country’s failure to
adhere to EC regulations regarding
passive surveillance and disease
reporting. The commenter suggested
that this failure may be indicative of the
potential for similar failures in passive
surveillance and disease reporting in
Estonia, Hungary, Slovakia, and
Slovenia. Accordingly, the commenter
requested that we not finalize the
proposed rule until the EC finishes its
review of the outbreaks in Bulgaria and
implements corrective actions to make
certain that all EU Member States are
2 The European Commission is the EU institution
responsible for representing the EU as a whole. It
proposes legislation, policies, and programs of
action and implements decisions of the EU
Parliament and Council.
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conducting adequate passive
surveillance for FMD, and until we
prepare new evaluations to take those
additional measures into consideration
insofar as they pertain to Estonia,
Hungary, Slovakia, and Slovenia.
Because Bulgaria is an EU Member
State, and thus eligible for intraCommunity trade, APHIS concurs with
the commenter that the outbreaks of
FMD in Bulgaria are an issue of concern,
and accordingly has been monitoring
the disease situation in that country.
The EC has provided APHIS officials
stationed within the EU with regular
updates regarding the outbreaks, and
has posted updated outbreak
information for the general public at the
Web site for its Standing Committee on
the Food Chain and Animal Health.
To summarize, on January 4, 2011,
FMD was detected in a single wild boar
in Bulgaria. Since then, there have been
multiple outbreaks, primarily along the
border between Bulgaria and Turkey. In
response to the outbreaks, Bulgarian
officials implemented measures to
delineate the scope of the outbreaks and
to control and eradicate the disease in
domestic livestock within the country.
To date, we have no evidence that
domestic ruminant populations in other
Member States should be considered
exposed to or potentially affected with
FMD. Indeed, the EC recently reduced
the restricted area of Bulgaria that is
covered by EC measures designed to
prevent the spread of FMD.
Furthermore, as the commenter
conceded, current EC regulations, if
adhered to, are sufficient to detect,
control, and eradicate FMD whenever it
occurs within a Member State.
Based on the information provided to
us by Estonia, Hungary, Slovakia, and
Slovenia, as corroborated by our site
visits to the countries, we believe the
countries have implemented the
relevant EC legislation regarding
surveillance for CSF, SVD, FMD and/or
rinderpest, and that producers in these
countries can recognize clinical signs of
the diseases and report any such
potentially affected animals in a timely
manner. Therefore, we are not granting
the commenter’s request. We will,
however, continue to closely monitor
the current FMD situation in Bulgaria.
The same commenter asserted that
our conclusion—that live swine, swine
semen, pork, and pork products may
safely be imported into the United
States from Estonia, Hungary, Slovakia,
and Slovenia, subject to the restrictions
of the regulations—was based on the
absence of FMD within the EU.
Accordingly, the commenter requested
that we not finalize the proposed rule
until we prepare new assessments that
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take into consideration the presence of
FMD in Bulgaria. Similarly, another
commenter asked what information had
been taken into consideration in
reaching our conclusions.
As noted above, our conclusions were
based on an evaluation of the
information supplied by Estonia,
Hungary, Slovakia, and Slovenia
regarding the authority, organization,
and infrastructure of the veterinary
services in their countries; the status of
their countries and adjacent regions
with regard to the disease(s) under
evaluation; the degree to which their
countries are separated from regions of
higher risk; livestock demographics and
marketing practices; vaccination against
the disease(s) of interest; the extent of
active disease control programs for the
diseases; movement controls and
biosecurity for movement from higher
risk regions; disease surveillance;
diagnostic laboratory capabilities; and
emergency response capacity.
Cumulatively, this information
demonstrated the countries’ compliance
with existing EC regulations, which
mitigate the likelihood that CSF, SVD,
FMD, and/or rinderpest will be
introduced into the domestic swine
populations within the countries, and
led to our conclusion that, by applying
the restrictions of the regulations,
swine, swine semen, pork, and pork
products may safely be imported from
Estonia, Hungary, Slovakia, or Slovenia
into the United States.
In addition, we note that Estonia and
Hungary have been listed under § 94.11
since 2002 and 1994, respectively, as
regions that are free of FMD but subject
to certain restrictions because of their
trading relationships with FMD-affected
countries.
A commenter pointed out that, in our
evaluation of Slovakia with regard to
CSF, SVD, FMD, and rinderpest, we
noted that Slovakian veterinary
inspectors are not stationed at every
border crossing into the country to
inspect passenger baggage. The
commenter also pointed out that, at
those crossings where inspectors are
stationed, there are certain hours
throughout the day when the crossings
are unattended by the inspectors. The
commenter suggested that Slovakia
needed to position inspectors at all
ports of entry and needed to expand
inspection coverage beyond normal
working hours. Additionally, the
commenter pointed out that, in the
evaluation of Hungary with regard to
CSF, we noted that posters alerting
travelers to prohibitions on the
importation of certain animal products
in personal baggage were not displayed
at several of the border inspection posts
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(BIPs) in the country. As a result, the
commenter questioned our basis for
concluding that the risk posed by the
importation of contaminated animal
products in passenger baggage is
sufficiently mitigated at ports of entry
into these two countries and stated that
we had not provided sufficient evidence
to support this conclusion.
Slovakia has stationed inspectors at
the busiest border crossings during
those hours of the day when the most
travelers enter the country through these
border crossings. Slovakia’s actions are
consistent with EC regulation (EC) 206/
2009, which allows a country to utilize
a risk-based approach to establishing
controls at ports of entry to minimize
the likelihood that animal products
imported into the country in personal
baggage will serve as fomites for
diseases affecting livestock.3 Our
determination that the risk posed by the
importation of contaminated animal
products in passenger baggage is
sufficiently mitigated at ports of entry
into Slovakia was based on this
consistency, on the physical and
technological infrastructure of the BIPs,
on the apparent volume of passenger
baggage entering through these BIPs at
the time of our site visit, on the number
of inspectors employed at the BIPs and
the training afforded to these inspectors,
and on the auditing and monitoring of
inspections conducted by the State
Veterinary and Food Administration of
the Slovak Republic, the veterinary
authority for Slovakia.
Requiring Slovakia to station
inspectors at all ports of entry and
beyond normal business hours would be
significantly more stringent than EC
standards, and is not necessary to reach
a determination that the risk that
contaminated products will enter the
country in passenger baggage has been
sufficiently mitigated.
We agree with the commenter that
posters alerting travelers to prohibitions
and restrictions on the importation of
animal products in personal baggage
help to reduce the risk that
contaminated products may enter
Hungary in such baggage, and should be
fully incorporated into their controls at
all ports of entry into the country.
However, the presence or absence of
such posters was not our sole
consideration in determining whether
Hungary has sufficiently mitigated the
risk that contaminated products will
enter Hungary in passenger baggage. As
we did for Slovakia, we evaluated the
physical and technological
3 Available at https://eur-lex.europa.eu/
LexUriServ/LexUriServ.do?uri=OJ:L:2009:077:
0001:0019:EN:pdf. Accessed on May 6, 2011.
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infrastructure of the BIPs, the number of
inspectors stationed at BIPs and other
border crossings, the degree to which
these inspectors have been trained to
inspect personal baggage, the volume of
passenger baggage entering the country,
the number of random and targeted
luggage searches, and the reporting and
monitoring requirements governing
these inspections that have been
imposed by the veterinary authority for
Hungary. Collectively, the results of
these evaluations led us to conclude
that the risk that contaminated products
will enter Hungary in passenger baggage
is sufficiently mitigated.
The same commenter pointed out
that, in our evaluation of Slovakia, we
noted that the majority of swine
holdings in the country are small, and
that biosecurity on those farms is
somewhat lacking in comparison to
biosecurity standards at larger,
commercially maintained premises
within the country. The commenter
further pointed out that we conceded
that these swine have more of a risk of
exposure to CSF, SVD, FMD, and
rinderpest, and that the primary
mitigation we cited was the lack of
movement of swine from these facilities
or the movement only for custom
slaughter. The commenter suggested
that access to a lucrative market such as
the United States could change these
production practices, and increase the
likelihood that such producers will
instead choose to export their swine.
The commenter suggested that this, in
turn, could increase the risk that swine
or pork products contaminated with
CSF, SVD, FMD, or rinderpest virus
could be imported to the United States
from Slovakia. Accordingly, the
commenter requested that we prepare a
new evaluation that takes this possible
change in marketing practices into
consideration.
We do not consider a new evaluation
to be necessary. Such producers have
had access to foreign markets within the
EU and throughout the world for an
extended period of time, and have not
changed their marketing practices.
Moreover, even if these marketing
practices were to change in the manner
suggested by the commenter, all such
animals and animal products would still
be subject to EC regulations and U.S.
import requirements, which we
consider to be effective in mitigating the
risk of importation of affected swine
and/or contaminated products into the
United States.
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74557
Comment Regarding the Removal of the
40-Day Post-Collection Holding Period
for Swine Semen Imported From the
APHIS-Defined EU CSF Region
As noted above, we proposed to
remove one of the conditions for the
importation of swine semen from the
APHIS-defined EU CSF region, which
required, with limited exceptions, that
before swine semen may be exported to
the United States, the semen and donor
boars be held at the semen collection
center for at least 40 days following
collection of the semen, and that the
donor boars, along with all other swine
at the semen collection center, exhibit
no clinical signs of CSF. We proposed
to remove this requirement on the
grounds that, since we established the
requirement, the EC has modified its
regulations to strengthen controls for
CSF introduction or dissemination via
infected germplasm, and we have
strengthened our own regulations
governing the importation of swine
semen from a CSF-affected region. We
also noted that the majority of swine
semen used for artificial insemination is
less than 5 days old and the current
prohibition, therefore, was burdensome
to exporters and inhibited trade.
One commenter stated that, in the
event of an outbreak of CSF, it often
takes several days to conduct an
epidemiological investigation. The
commenter stated that, if we were to
remove the requirement, there is a
possibility that swine semen
contaminated with CSF virus could be
imported into the United States and
used to inseminate domestic sows
before the scope of the outbreak is
delineated and a prohibition on the
importation of swine semen from the
affected country into the United States
is put in place. The commenter asked
that APHIS provide to the U.S. pork
industry a detailed response plan for
exposure of U.S. swine to fresh semen
that is epidemiologically linked to a
CSF case in the exporting country.
Current EU regulations specify
conditions for approval and supervision
of artificial insemination centers, preadmission quarantine and testing of
boars, serologic testing for CSF, clinical
observation of donor boars, and
movement controls and epidemiologic
investigation procedures in the event
that an outbreak of CSF is suspected.
The movement controls include
restrictions on the movement of swine
semen, and epidemiologic
investigations may include inspections
of swine semen collection facilities.
Because of these interlocking safeguards
and our own regulations and policies,
we consider the possibility that CSF
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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations
virus-contaminated germplasm will be
exported to the United States from a
country within the APHIS-defined
European CSF region to be remote, even
with the removal of the 40-day holding
period.
In the unlikely event that the scenario
proposed by the commenter comes to
pass, we would take actions consistent
with the outbreak of any foreign animal
disease within the United States. In
collaboration with State animal health
officials and other emergency response
partners, we would determine the scope
of the outbreak, identify potentially
affected animals, place the appropriate
restrictions or prohibitions on the
movement of those animals, implement
the mitigation measures necessary to
prevent further disease spread, and
conduct cleaning and disinfection of
affected premises and articles.
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Lists of Regions Removed From the CFR
When we published the proposed rule
for this action in February 2011, the
countries included in the APHISdefined EU CSF region (now APHISdefined European CSF region), and
foreign regions considered free of or
affected with various animal diseases
and pests, including CSF, SVD,
rinderpest, and FMD, were listed in our
animal and animal product import
regulations in 9 CFR parts 92, 93, 94, 96,
and 98. In a final rule 4 published in the
Federal Register on January 10, 2012
(77 FR 1388–1396, Docket No. APHIS–
2009–0035), we removed lists of regions
classified with respect to certain animal
diseases and pests from those
regulations. The lists are now posted on
APHIS’ Web site, rather than published
in the Code of Federal Regulations.
Accordingly, the proposed addition of
Estonia, Hungary, Slovakia, and
Slovenia to the APHIS-defined
European CSF region, the proposed
additions of Estonia, Slovakia, and
Slovenia to the list of regions APHIS
considers free of SVD, and the proposed
addition of Slovakia and Slovenia to the
list of regions APHIS considers free of
FMD and rinderpest do not need to be
finalized through rulemaking. Instead,
this preamble provides notice that we
are amending the lists on APHIS’ Web
site (https://www.aphis.usda.gov/
import_export/animals/
animal_disease_status.shtml). Copies of
the lists are also be available via postal
mail, fax, or email upon request to the
Sanitary Trade Issues Team, National
Center for Import and Export, Veterinary
Services, Animal and Plant Health
4 See https://www.regulations.gov/
#!docketDetail;D=APHIS–2009–0035.
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Inspection Service, 4700 River Road
Unit 38, Riverdale, Maryland 20737.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes described above.
Executive Order 12866 and the
Regulatory Flexibility Act
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget.
We have prepared an economic
analysis for this rule. The economic
analysis identifies hog and pig
producers as the small entities most
likely to be affected by this action, and
considers the effects on domestic prices
associated with increased imports of
swine, swine semen, pork, and pork
products. Based on the information
presented in the analysis, we expect that
domestic pork producers will
experience only a minimal loss of
welfare as a result of this action. The
analysis provides a basis for the APHIS
Administrator’s determination that this
action will not have a significant
economic impact on a substantial
number of small entities. Copies of the
full analysis are available on the
Regulations.gov Web site (see footnote
1), or by contacting the person listed
under FOR FURTHER INFORMATION
CONTACT.
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.
National Environmental Policy Act
Environmental assessments and
findings of no significant impact have
been prepared for this final rule. The
environmental assessments provide a
basis for the conclusion that the
importation of swine, swine semen,
pork, and pork products from Estonia,
Hungary, Slovakia, and Slovenia under
the conditions specified in the rule will
not have a significant impact on the
quality of the human environment.
Based on the findings of no significant
impact, the Administrator of the Animal
and Plant Health Inspection Service has
determined that environmental impact
statements need not be prepared.
The environmental assessments and
findings of no significant impact were
prepared in accordance with: (1) The
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National Environmental Policy Act of
1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), (2) regulations of the
Council on Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The environmental assessments and
findings of no significant impact may be
viewed on the Regulations.gov Web
site.5 Copies of the environmental
assessments and findings of no
significant impact are also available for
public inspection at USDA, Room 1141,
South Building, 14th Street and
Independence Avenue SW.,
Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday,
except holidays. Persons wishing to
inspect copies are requested to call
ahead on (202) 799–7039 to facilitate
entry into the reading room. In addition,
copies may be obtained by writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
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 98
Animal diseases, Imports.
Accordingly, we are amending 9 CFR
part 98 as follows:
PART 98—IMPORTATION OF CERTAIN
ANIMAL EMBRYOS AND ANIMAL
SEMEN
1. The authority citation for part 98
continues to read as follows:
■
Authority: 7 U.S.C. 1622 and 8301–8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.4.
§ 98.38
[Amended]
2. Section 98.38 is amended as
follows:
■ a. In the introductory text, by
removing the words ‘‘, except as noted
in paragraph (h) of this section with
regard to swine semen imported from
Denmark, Finland, the Republic of
Ireland, Sweden, or the United
Kingdom’’.
■ b. By removing paragraph (h).
■ c. By redesignating paragraph (i) as
paragraph (h).
■
5 Go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2008-0043. The
environmental assessments and findings of no
significant impact will appear in the resulting list
of documents.
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■ d. In newly redesignated paragraph
(h), by removing the words ‘‘through
(h)’’ and adding the words ‘‘through (g)’’
in their place.
Done in Washington, DC, this 11th day of
December 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–30259 Filed 12–14–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2009–BT–TP–0013]
RIN 1904–AB95
Energy Conservation Program for
Consumer Products: Test Procedures
for Residential Water Heaters, Direct
Heating Equipment, and Pool Heaters
(Standby Mode and Off Mode)
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
Where appropriate, the U.S.
Department of Energy (DOE) is
amending its test procedures for
residential water heaters, direct heating
equipment (DHE), and pool heaters to
include provisions for measuring
standby mode and off mode energy
consumption, as required by the Energy
Independence and Security Act of 2007
(EISA 2007). DOE has concluded that
such amendments are necessary for
direct heating equipment and pool
heaters, but test procedure amendments
are not necessary for residential water
heaters, because the existing test
procedures for those products already
address standby mode and off mode
energy use. These test procedure
amendments are primarily based upon
provisions of the latest version of the
International Electrotechnical
Commission (IEC) Standard 62301
(Second Edition 2011–01), ‘‘Household
electrical appliances—Measurement of
standby power,’’ which is incorporated
by reference. For direct heating
equipment and pool heaters, this final
rule also adds new calculations to
determine the annual energy
consumption associated with product
operation in standby mode and off
mode, and it modifies the existing
energy consumption equations to
integrate standby mode and off mode
energy consumption into the calculation
of overall annual energy consumption of
these products. For pool heaters only,
the standby mode and off mode energy
pmangrum on DSK3VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
14:24 Dec 14, 2012
Jkt 229001
consumption is integrated into the
efficiency metric. This rulemaking also
adopts a number of definitions for key
terms, as well as clarifies the rounding
guidance and sampling provisions for
the new measurement of standby mode
and off mode.
DATES: This rule is effective January 16,
2013. The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register on January 16, 2013.
The compliance date for any
representations relating to standby
mode and off mode of residential direct
heating equipment and pool heaters is
June 17, 2013; on and after this date,
any such representations must be based
upon results generated under these test
procedures and sampling plans. For
purposes of compliance with energy
conservation standards, these test
procedure amendments related to
standby mode and off mode are not
required at this time, but their use will
be required upon the compliance date of
the next standards final rule which will
address standby mode and off mode.
ADDRESSES: The docket for this
rulemaking is available for review at
www.regulations.gov, including Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
A link to the docket Web page can be
found at www.regulations.gov. This Web
page will contain a link to the docket for
this notice in the www.regulations.gov
Web site. The www.regulations.gov Web
page contains simple instructions on
how to access all documents, including
public comments, in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–7892. Email:
Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585. Telephone:
(202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
74559
This final
rule incorporates by reference into Part
430 the following standard:
ANSI Z21.56–2006 (‘‘ANSI Z21.56’’),
Standard for Gas-Fired Pool Heaters,
approved December 13, 2005, IBR
approved for Appendix P to Subpart B.
Copies of the ANSI Z21.56–2006 can
be purchased from the American
National Standards Institute, 11 West
42nd Street, New York, New York
10036, (212) 642–4936, or https://
webstore.ansi.org.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Summary of the Final Rule
III. Discussion
A. Determination Not To Amend Test
Procedures for Residential Water Heaters
B. Use of IEC Standard 62301 (Second
Edition), ‘‘Household Electrical
Appliances—Measurement of Standby
Power’’
C. Requirements for Unvented Heaters and
Exclusion From Testing
D. Technical Feasibility of an Integrated
Efficiency Metric for Vented Heaters and
Pool Heaters
E. Hearth Products Coverage
F. Review of Burner Operating Hours
Estimates
G. Other Issues Raised in the Supplemental
Notice of Proposed Rulemaking
IV. Effective Date and Compliance Date
V. Compliance With Other EPCA
Requirements
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
VII. Approval of the Office of the Secretary
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et
seq.; EPCA or the Act) sets forth a
variety of provisions designed to
improve energy efficiency. Part A 1 of
Title III (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles,’’ including
1 This part was originally titled Part B. It was
redesignated Part A in the United States Code for
editorial reasons.
E:\FR\FM\17DER1.SGM
17DER1
Agencies
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74555-74559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30259]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 /
Rules and Regulations
[[Page 74555]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 98
[Docket No. APHIS-2008-0043]
RIN 0579-AD20
Importation of Live Swine, Swine Semen, Pork, and Pork Products;
Estonia, Hungary, Slovakia, and Slovenia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: APHIS is amending the regulations governing the importation of
certain animal embryos and animal semen by removing one of the
conditions for the importation of swine semen from the APHIS-defined
European CSF region, a region of Europe that we recognize as a single
low-risk region for classical swine fever. We have determined that the
40-day holding period for swine semen and donor boars after the
collection of swine semen is unnecessary. We are also announcing the
addition of Estonia, Hungary, Slovakia, and Slovenia to the APHIS-
defined European CSF region, the addition of Estonia, Slovakia, and
Slovenia to the list of regions APHIS considers free of swine vesicular
disease (SVD), and the addition of Slovakia and Slovenia to the list of
regions APHIS considers free of foot-and-mouth disease (FMD) and
rinderpest. These actions will relieve some restrictions on the
importation into the United States of certain animals and animal
products from those regions, while continuing to protect against the
introduction of CSF, SVD, FMD, and rinderpest into the United States.
DATES: Effective Date: January 16, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Donald Link, Import Risk Analyst,
Regionalization Evaluation Services, National Center for Import and
Export, VS, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606;
(919) 855-7731.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service (APHIS) of the
United States Department of Agriculture (USDA) regulates the
importation of animals and animal products into the United States to
guard against the introduction of animal diseases not currently present
or prevalent in this country.
The regulations in 9 CFR part 94 (referred to below as the
regulations) prohibit or restrict the importation of specified animals
and animal products to prevent the introduction into the United States
of various animal diseases, including classical swine fever (CSF),
foot-and-mouth disease (FMD), swine vesicular disease (SVD), and
rinderpest. These are dangerous and communicable diseases of ruminants
and swine.
The regulations in 9 CFR part 98 govern the importation of animal
germplasm to prevent the introduction of contagious diseases of
livestock and poultry into the United States. Subparts A and B of part
98 apply to animal embryos, and subpart C (Sec. Sec. 98.30 through
98.38) applies to animal semen.
Sections 94.0, 94.9, and 94.10 of the regulations provide for the
listing of regions of the world that APHIS considers free of, or low-
risk for, CSF. The APHIS-defined European CSF region, consisting of
countries of Europe that we currently recognize as a single region with
regard to CSF, is currently the only region we consider low-risk for
CSF. Sections 94.24 and 98.38 specify restrictions necessary to
mitigate the risk of introducing CSF into the United States via pork,
pork products, live swine, and swine semen from that region.
Section 94.12 of the regulations provides for the listing of
regions that are declared free of SVD, and Sec. 94.13 of the
regulations provides for the listing of regions that have been
determined to be free of SVD, but that are subject to certain
restrictions because of their proximity to or trading relationships
with SVD-affected regions.
Section 94.1 of the regulations provides for the listing of regions
of the world that are declared free of rinderpest or free of both
rinderpest and FMD. Section 94.11 of the regulations provides for the
listing of regions that have been determined to be free of rinderpest
and FMD, but that are subject to certain restrictions because of their
proximity to or trading relationships with rinderpest- or FMD-affected
regions.
On February 11, 2011, we published in the Federal Register a
proposed rule \1\ (76 FR 7721-7731, Docket No. APHIS-2008-0043) to add
Estonia, Hungary, Slovakia, and Slovenia to the APHIS-defined EU CSF
region. (NOTE: In a final rule published on November 10, 2011 [76 FR
70037-70040, Docket No. APHIS-2009-0093], APHIS changed the term
``APHIS-defined EU CSF region'' to ``APHIS-defined European CSF
region.'') We also proposed to add Estonia, Slovakia, and Slovenia to
the list of regions we consider free of SVD and to add Slovakia and
Slovenia to the list of regions considered free of FMD and rinderpest.
Finally, we proposed to amend Sec. 98.38 to remove the 40-day post-
collection holding period for swine semen and donor boars prior to
export of swine semen from the APHIS-defined EU CSF region to the
United States. Except for semen collected from swine in Denmark,
Finland, the Republic of Ireland, Sweden, or the United Kingdom, we
required that, before swine semen may be exported to the United States,
the semen and donor boars be held at the semen collection center for at
least 40 days following collection of the semen, and that the donor
boars, along with all other swine at the semen collection center,
exhibit no clinical signs of CSF.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting documents, or the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2008-0043.
---------------------------------------------------------------------------
We solicited comments concerning the proposed rule for 60 days
ending April 12, 2011, and received three comments by that date. They
were from an organization representing the pork industry within the
United States and two private citizens. These comments are discussed
below by topic.
[[Page 74556]]
Comments Regarding Evaluations of Animal Disease Status in Support of
the Proposed Rule
In order for APHIS to evaluate the CSF, SVD, FMD, and/or rinderpest
status of their respective countries, the Governments of Estonia,
Hungary, Slovakia, and Slovenia provided us with information regarding
the authority, organization, and infrastructure of the official
veterinary services in their countries; the status of their countries
and adjacent regions with regard to the disease(s) under evaluation;
the degree to which their countries are separated from regions of
higher risk; and livestock demographics and marketing practices. They
also provided information regarding vaccination against the disease(s)
of interest; the extent of active disease control programs for the
diseases; movement controls and biosecurity for movement from higher
risk regions; disease surveillance; diagnostic laboratory capabilities;
and emergency response capacity.
Based on this information, a site visit to each country, and other
publicly available information, APHIS prepared an evaluation regarding
the CSF and SVD status of Estonia; an evaluation regarding the CSF
status of Hungary; an evaluation regarding the CSF, SVD, FMD, and
rinderpest status of Slovakia; and an evaluation regarding the CSF,
SVD, FMD, and rinderpest status of Slovenia. The conclusions in these
evaluations led us to issue the proposed rule.
One commenter stated that, since the evaluations were finalized,
FMD has been detected in Bulgaria. The commenter stated that European
Commission \2\ (EC) regulations regarding FMD are adequate to monitor,
detect, control, and eradicate the disease in Member States, but also
suggested that the introduction of FMD into Bulgaria was due to that
country's failure to adhere to EC regulations regarding passive
surveillance and disease reporting. The commenter suggested that this
failure may be indicative of the potential for similar failures in
passive surveillance and disease reporting in Estonia, Hungary,
Slovakia, and Slovenia. Accordingly, the commenter requested that we
not finalize the proposed rule until the EC finishes its review of the
outbreaks in Bulgaria and implements corrective actions to make certain
that all EU Member States are conducting adequate passive surveillance
for FMD, and until we prepare new evaluations to take those additional
measures into consideration insofar as they pertain to Estonia,
Hungary, Slovakia, and Slovenia.
---------------------------------------------------------------------------
\2\ The European Commission is the EU institution responsible
for representing the EU as a whole. It proposes legislation,
policies, and programs of action and implements decisions of the EU
Parliament and Council.
---------------------------------------------------------------------------
Because Bulgaria is an EU Member State, and thus eligible for
intra-Community trade, APHIS concurs with the commenter that the
outbreaks of FMD in Bulgaria are an issue of concern, and accordingly
has been monitoring the disease situation in that country. The EC has
provided APHIS officials stationed within the EU with regular updates
regarding the outbreaks, and has posted updated outbreak information
for the general public at the Web site for its Standing Committee on
the Food Chain and Animal Health.
To summarize, on January 4, 2011, FMD was detected in a single wild
boar in Bulgaria. Since then, there have been multiple outbreaks,
primarily along the border between Bulgaria and Turkey. In response to
the outbreaks, Bulgarian officials implemented measures to delineate
the scope of the outbreaks and to control and eradicate the disease in
domestic livestock within the country.
To date, we have no evidence that domestic ruminant populations in
other Member States should be considered exposed to or potentially
affected with FMD. Indeed, the EC recently reduced the restricted area
of Bulgaria that is covered by EC measures designed to prevent the
spread of FMD. Furthermore, as the commenter conceded, current EC
regulations, if adhered to, are sufficient to detect, control, and
eradicate FMD whenever it occurs within a Member State.
Based on the information provided to us by Estonia, Hungary,
Slovakia, and Slovenia, as corroborated by our site visits to the
countries, we believe the countries have implemented the relevant EC
legislation regarding surveillance for CSF, SVD, FMD and/or rinderpest,
and that producers in these countries can recognize clinical signs of
the diseases and report any such potentially affected animals in a
timely manner. Therefore, we are not granting the commenter's request.
We will, however, continue to closely monitor the current FMD situation
in Bulgaria.
The same commenter asserted that our conclusion--that live swine,
swine semen, pork, and pork products may safely be imported into the
United States from Estonia, Hungary, Slovakia, and Slovenia, subject to
the restrictions of the regulations--was based on the absence of FMD
within the EU. Accordingly, the commenter requested that we not
finalize the proposed rule until we prepare new assessments that take
into consideration the presence of FMD in Bulgaria. Similarly, another
commenter asked what information had been taken into consideration in
reaching our conclusions.
As noted above, our conclusions were based on an evaluation of the
information supplied by Estonia, Hungary, Slovakia, and Slovenia
regarding the authority, organization, and infrastructure of the
veterinary services in their countries; the status of their countries
and adjacent regions with regard to the disease(s) under evaluation;
the degree to which their countries are separated from regions of
higher risk; livestock demographics and marketing practices;
vaccination against the disease(s) of interest; the extent of active
disease control programs for the diseases; movement controls and
biosecurity for movement from higher risk regions; disease
surveillance; diagnostic laboratory capabilities; and emergency
response capacity. Cumulatively, this information demonstrated the
countries' compliance with existing EC regulations, which mitigate the
likelihood that CSF, SVD, FMD, and/or rinderpest will be introduced
into the domestic swine populations within the countries, and led to
our conclusion that, by applying the restrictions of the regulations,
swine, swine semen, pork, and pork products may safely be imported from
Estonia, Hungary, Slovakia, or Slovenia into the United States.
In addition, we note that Estonia and Hungary have been listed
under Sec. 94.11 since 2002 and 1994, respectively, as regions that
are free of FMD but subject to certain restrictions because of their
trading relationships with FMD-affected countries.
A commenter pointed out that, in our evaluation of Slovakia with
regard to CSF, SVD, FMD, and rinderpest, we noted that Slovakian
veterinary inspectors are not stationed at every border crossing into
the country to inspect passenger baggage. The commenter also pointed
out that, at those crossings where inspectors are stationed, there are
certain hours throughout the day when the crossings are unattended by
the inspectors. The commenter suggested that Slovakia needed to
position inspectors at all ports of entry and needed to expand
inspection coverage beyond normal working hours. Additionally, the
commenter pointed out that, in the evaluation of Hungary with regard to
CSF, we noted that posters alerting travelers to prohibitions on the
importation of certain animal products in personal baggage were not
displayed at several of the border inspection posts
[[Page 74557]]
(BIPs) in the country. As a result, the commenter questioned our basis
for concluding that the risk posed by the importation of contaminated
animal products in passenger baggage is sufficiently mitigated at ports
of entry into these two countries and stated that we had not provided
sufficient evidence to support this conclusion.
Slovakia has stationed inspectors at the busiest border crossings
during those hours of the day when the most travelers enter the country
through these border crossings. Slovakia's actions are consistent with
EC regulation (EC) 206/2009, which allows a country to utilize a risk-
based approach to establishing controls at ports of entry to minimize
the likelihood that animal products imported into the country in
personal baggage will serve as fomites for diseases affecting
livestock.\3\ Our determination that the risk posed by the importation
of contaminated animal products in passenger baggage is sufficiently
mitigated at ports of entry into Slovakia was based on this
consistency, on the physical and technological infrastructure of the
BIPs, on the apparent volume of passenger baggage entering through
these BIPs at the time of our site visit, on the number of inspectors
employed at the BIPs and the training afforded to these inspectors, and
on the auditing and monitoring of inspections conducted by the State
Veterinary and Food Administration of the Slovak Republic, the
veterinary authority for Slovakia.
---------------------------------------------------------------------------
\3\ Available at https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:077:0001:0019:EN:pdf. Accessed on May 6,
2011.
---------------------------------------------------------------------------
Requiring Slovakia to station inspectors at all ports of entry and
beyond normal business hours would be significantly more stringent than
EC standards, and is not necessary to reach a determination that the
risk that contaminated products will enter the country in passenger
baggage has been sufficiently mitigated.
We agree with the commenter that posters alerting travelers to
prohibitions and restrictions on the importation of animal products in
personal baggage help to reduce the risk that contaminated products may
enter Hungary in such baggage, and should be fully incorporated into
their controls at all ports of entry into the country. However, the
presence or absence of such posters was not our sole consideration in
determining whether Hungary has sufficiently mitigated the risk that
contaminated products will enter Hungary in passenger baggage. As we
did for Slovakia, we evaluated the physical and technological
infrastructure of the BIPs, the number of inspectors stationed at BIPs
and other border crossings, the degree to which these inspectors have
been trained to inspect personal baggage, the volume of passenger
baggage entering the country, the number of random and targeted luggage
searches, and the reporting and monitoring requirements governing these
inspections that have been imposed by the veterinary authority for
Hungary. Collectively, the results of these evaluations led us to
conclude that the risk that contaminated products will enter Hungary in
passenger baggage is sufficiently mitigated.
The same commenter pointed out that, in our evaluation of Slovakia,
we noted that the majority of swine holdings in the country are small,
and that biosecurity on those farms is somewhat lacking in comparison
to biosecurity standards at larger, commercially maintained premises
within the country. The commenter further pointed out that we conceded
that these swine have more of a risk of exposure to CSF, SVD, FMD, and
rinderpest, and that the primary mitigation we cited was the lack of
movement of swine from these facilities or the movement only for custom
slaughter. The commenter suggested that access to a lucrative market
such as the United States could change these production practices, and
increase the likelihood that such producers will instead choose to
export their swine. The commenter suggested that this, in turn, could
increase the risk that swine or pork products contaminated with CSF,
SVD, FMD, or rinderpest virus could be imported to the United States
from Slovakia. Accordingly, the commenter requested that we prepare a
new evaluation that takes this possible change in marketing practices
into consideration.
We do not consider a new evaluation to be necessary. Such producers
have had access to foreign markets within the EU and throughout the
world for an extended period of time, and have not changed their
marketing practices. Moreover, even if these marketing practices were
to change in the manner suggested by the commenter, all such animals
and animal products would still be subject to EC regulations and U.S.
import requirements, which we consider to be effective in mitigating
the risk of importation of affected swine and/or contaminated products
into the United States.
Comment Regarding the Removal of the 40-Day Post-Collection Holding
Period for Swine Semen Imported From the APHIS-Defined EU CSF Region
As noted above, we proposed to remove one of the conditions for the
importation of swine semen from the APHIS-defined EU CSF region, which
required, with limited exceptions, that before swine semen may be
exported to the United States, the semen and donor boars be held at the
semen collection center for at least 40 days following collection of
the semen, and that the donor boars, along with all other swine at the
semen collection center, exhibit no clinical signs of CSF. We proposed
to remove this requirement on the grounds that, since we established
the requirement, the EC has modified its regulations to strengthen
controls for CSF introduction or dissemination via infected germplasm,
and we have strengthened our own regulations governing the importation
of swine semen from a CSF-affected region. We also noted that the
majority of swine semen used for artificial insemination is less than 5
days old and the current prohibition, therefore, was burdensome to
exporters and inhibited trade.
One commenter stated that, in the event of an outbreak of CSF, it
often takes several days to conduct an epidemiological investigation.
The commenter stated that, if we were to remove the requirement, there
is a possibility that swine semen contaminated with CSF virus could be
imported into the United States and used to inseminate domestic sows
before the scope of the outbreak is delineated and a prohibition on the
importation of swine semen from the affected country into the United
States is put in place. The commenter asked that APHIS provide to the
U.S. pork industry a detailed response plan for exposure of U.S. swine
to fresh semen that is epidemiologically linked to a CSF case in the
exporting country.
Current EU regulations specify conditions for approval and
supervision of artificial insemination centers, pre-admission
quarantine and testing of boars, serologic testing for CSF, clinical
observation of donor boars, and movement controls and epidemiologic
investigation procedures in the event that an outbreak of CSF is
suspected. The movement controls include restrictions on the movement
of swine semen, and epidemiologic investigations may include
inspections of swine semen collection facilities. Because of these
interlocking safeguards and our own regulations and policies, we
consider the possibility that CSF
[[Page 74558]]
virus-contaminated germplasm will be exported to the United States from
a country within the APHIS-defined European CSF region to be remote,
even with the removal of the 40-day holding period.
In the unlikely event that the scenario proposed by the commenter
comes to pass, we would take actions consistent with the outbreak of
any foreign animal disease within the United States. In collaboration
with State animal health officials and other emergency response
partners, we would determine the scope of the outbreak, identify
potentially affected animals, place the appropriate restrictions or
prohibitions on the movement of those animals, implement the mitigation
measures necessary to prevent further disease spread, and conduct
cleaning and disinfection of affected premises and articles.
Lists of Regions Removed From the CFR
When we published the proposed rule for this action in February
2011, the countries included in the APHIS-defined EU CSF region (now
APHIS-defined European CSF region), and foreign regions considered free
of or affected with various animal diseases and pests, including CSF,
SVD, rinderpest, and FMD, were listed in our animal and animal product
import regulations in 9 CFR parts 92, 93, 94, 96, and 98. In a final
rule \4\ published in the Federal Register on January 10, 2012 (77 FR
1388-1396, Docket No. APHIS-2009-0035), we removed lists of regions
classified with respect to certain animal diseases and pests from those
regulations. The lists are now posted on APHIS' Web site, rather than
published in the Code of Federal Regulations.
---------------------------------------------------------------------------
\4\ See https://www.regulations.gov/#!docketDetail;D=APHIS-2009-
0035.
---------------------------------------------------------------------------
Accordingly, the proposed addition of Estonia, Hungary, Slovakia,
and Slovenia to the APHIS-defined European CSF region, the proposed
additions of Estonia, Slovakia, and Slovenia to the list of regions
APHIS considers free of SVD, and the proposed addition of Slovakia and
Slovenia to the list of regions APHIS considers free of FMD and
rinderpest do not need to be finalized through rulemaking. Instead,
this preamble provides notice that we are amending the lists on APHIS'
Web site (https://www.aphis.usda.gov/import_export/animals/animal_disease_status.shtml). Copies of the lists are also be available via
postal mail, fax, or email upon request to the Sanitary Trade Issues
Team, National Center for Import and Export, Veterinary Services,
Animal and Plant Health Inspection Service, 4700 River Road Unit 38,
Riverdale, Maryland 20737.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes described above.
Executive Order 12866 and the Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
We have prepared an economic analysis for this rule. The economic
analysis identifies hog and pig producers as the small entities most
likely to be affected by this action, and considers the effects on
domestic prices associated with increased imports of swine, swine
semen, pork, and pork products. Based on the information presented in
the analysis, we expect that domestic pork producers will experience
only a minimal loss of welfare as a result of this action. The analysis
provides a basis for the APHIS Administrator's determination that this
action will not have a significant economic impact on a substantial
number of small entities. Copies of the full analysis are available on
the Regulations.gov Web site (see footnote 1), or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
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.
National Environmental Policy Act
Environmental assessments and findings of no significant impact
have been prepared for this final rule. The environmental assessments
provide a basis for the conclusion that the importation of swine, swine
semen, pork, and pork products from Estonia, Hungary, Slovakia, and
Slovenia under the conditions specified in the rule will not have a
significant impact on the quality of the human environment. Based on
the findings of no significant impact, the Administrator of the Animal
and Plant Health Inspection Service has determined that environmental
impact statements need not be prepared.
The environmental assessments and findings of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessments and findings of no significant impact
may be viewed on the Regulations.gov Web site.\5\ Copies of the
environmental assessments and findings of no significant impact are
also available for public inspection at USDA, Room 1141, South
Building, 14th Street and Independence Avenue SW., Washington, DC,
between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays.
Persons wishing to inspect copies are requested to call ahead on (202)
799-7039 to facilitate entry into the reading room. In addition, copies
may be obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\5\ Go to https://www.regulations.gov/#!docketDetail;D=APHIS-
2008-0043. The environmental assessments and findings of no
significant impact will appear in the resulting list of documents.
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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 98
Animal diseases, Imports.
Accordingly, we are amending 9 CFR part 98 as follows:
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
0
1. The authority citation for part 98 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 98.38 [Amended]
0
2. Section 98.38 is amended as follows:
0
a. In the introductory text, by removing the words ``, except as noted
in paragraph (h) of this section with regard to swine semen imported
from Denmark, Finland, the Republic of Ireland, Sweden, or the United
Kingdom''.
0
b. By removing paragraph (h).
0
c. By redesignating paragraph (i) as paragraph (h).
[[Page 74559]]
0
d. In newly redesignated paragraph (h), by removing the words ``through
(h)'' and adding the words ``through (g)'' in their place.
Done in Washington, DC, this 11th day of December 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-30259 Filed 12-14-12; 8:45 am]
BILLING CODE 3410-34-P