[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Proposed Rules]
[Pages 19915-19920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8765]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2009-0034]
RIN 0579-AD12


Changes in Disease Status of the Brazilian State of Santa 
Catarina with Regard to Certain Ruminant and Swine Diseases

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation of certain animals and animal products by adding the 
Brazilian State of Santa Catarina to the list of regions we recognize 
as free of foot-and-mouth disease, rinderpest, swine vesicular disease, 
classical swine fever, and African swine fever. We are proposing this 
action at the request of the Government of Brazil and after conducting 
a risk evaluation that concludes that the Brazilian State of Santa 
Catarina is free of these diseases. This proposed action would relieve 
certain restrictions on the importation into the United States of live 
swine, swine semen, pork meat, pork products, live ruminants, ruminant 
semen, ruminant meat, and ruminant products from Santa Catarina while 
continuing to protect against the introduction of these diseases into 
the United States.

DATES: We will consider all comments that we receive on or before June 
15, 2010.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0034) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0034,

[[Page 19916]]

Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. APHIS-2009-0034.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at (http://www.aphis.usda.gov).

FOR FURTHER INFORMATION CONTACT: Dr. Silvia Kreindel, Senior Staff 
Veterinarian, Regionalization Evaluation Services Staff, National 
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, 
Riverdale, MD 20737; (301) 734-4356 or (301) 734-8419.

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 
(FMD), African swine fever (ASF), classical swine fever (CSF), and 
swine vesicular disease (SVD). These are dangerous and destructive 
communicable diseases of swine and ruminants.
    Section 94.1 of the regulations prohibits, with certain exceptions, 
the importation into the United States of live swine, live ruminants, 
and products from these species from regions where FMD or rinderpest is 
known to exist. Rinderpest or FMD exists in all regions of the world 
except for certain regions that are listed as free of rinderpest or 
free of both rinderpest and FMD in Sec.  94.1. Section 94.11 of the 
regulations lists regions of the world 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. Section 94.8 of the 
regulations restricts the importation into the United States of pork 
and pork products from regions where ASF is known to or reasonably 
believed to exist. ASF is known to or reasonably believed to exist in 
those regions of the world listed in Sec.  94.8. Section 94.9 of the 
regulations restricts the importation into the United States of pork 
and pork products from regions where CSF is known to exist, and Sec.  
94.10 prohibits, with certain exceptions, the importation of live swine 
from regions where CSF is known to exist. Sections 94.9 and 94.10 
provide that CSF exists in all regions of the world except the regions 
listed in those sections. Section 94.12 of the regulations restricts 
the importation into the United States of pork and pork products from 
regions where SVD is known to exist. SVD exists in all regions of the 
world except for certain regions that are listed as free of SVD in this 
section.
    The Government of Brazil has requested that the U.S. Department of 
Agriculture (USDA) consider Santa Catarina to be free of rinderpest, 
FMD, ASF, CSF, and SVD in order to initiate trade in fresh pork. 
Declaring Santa Catarina to be free of these diseases would relieve 
restrictions on the importation of not just fresh pork but also 
additional commodities that could potentially carry these diseases, 
such as live swine, swine semen, pork meat, pork products, live 
ruminants, ruminant semen, ruminant meat, and ruminant products. In 
response to the Government of Brazil's request, the USDA's Animal and 
Plant Health Inspection Service (APHIS) has conducted an evaluation of 
the disease status of Santa Catarina with regard to FMD, CSF, SVD, and 
ASF, which included one site visit to Santa Catarina and three site 
visits to other Brazilian States. The risk evaluation, ``APHIS 
Evaluation of the Status of the Brazilian State of Santa Catarina 
Regarding Foot-and-Mouth Disease, Classical Swine Fever, Swine 
Vesicular Disease, and African Swine Fever,'' may be obtained by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. The 
document may also be viewed on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    In the risk evaluation, we concluded that Santa Catarina is free of 
FMD, ASF, CSF, and SVD and has adequate veterinary infrastructures in 
place to prevent, control, and manage outbreaks of these diseases if 
they were to occur. Rinderpest was not considered within the scope of 
the risk evaluation as it is not endemic to the Americas and has never 
been established within Brazil. We are therefore proposing to amend the 
regulations by adding Santa Catarina to the list in Sec.  94.1 of 
regions that are free of rinderpest and FMD, the list in Sec.  94.11 of 
regions that are declared 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, the 
lists in Sec. Sec.  94.9 and 94.10 of regions that are free of CSF, and 
the list in Sec.  94.12 of regions that are free of SVD. We are also 
proposing to exclude Santa Catarina from the list in Sec.  94.8 of 
regions where ASF is known to or reasonably believed to exist.

Risk Evaluation

    Drawing on data submitted by the Government of Brazil and 
observations from our site visit to the region under consideration, we 
have evaluated the animal health status of Santa Catarina relative to 
FMD, ASF, CSF, and SVD. Our evaluation was conducted according to the 
11 factors identified in Sec.  92.2, ``Application for recognition of 
the animal health status of a region,'' which are used to determine the 
level of risk associated with importing animals or animal products into 
the United States from a given region. A summary evaluation of each 
factor is discussed below.

Veterinary Authority and Infrastructure

    Federal and State authorities provide the two main structures for 
Brazil's veterinary services. Brazil's Ministry of Agriculture, 
Livestock, and Food Supply (MAPA), through the Department of Animal 
Health, has the primary Federal authority governing all animal health 
programs. MAPA coordinates all aspects of the national animal health 
system, including developing animal disease control strategies, 
conducting laboratory diagnosis, and auditing State veterinary 
services. State personnel are responsible for executing Federal 
programs, laws, and policies at the State level. The responsibilities 
of state officials for carrying out Federal programs are outlined in 
standard operating procedures developed with Federal officials. 
Additionally, MAPA has a system of official veterinarians and support 
staff in place for carrying out field programs and for import controls 
and animal quarantine. The Brazilian State of Santa Catarina's 
veterinary services implements Federal animal health programs at the 
field level in coordination with the Companhia Integrada de 
Desenvolvimento Agricola de Santa Catarina (CIDASC), an integrated 
public company. Regional and local officers of the official state 
veterinary services are part of the CIDASC. The work of CIDASC is 
subject to inspection and auditing by MAPA. APHIS considers that MAPA 
and the Brazilian State of Santa Catarina have

[[Page 19917]]

sufficient legal authority to carry out official disease control, 
eradication, and quarantine activities.
    Review of veterinary infrastructure with MAPA and CIDASC officials 
demonstrated an infrastructure adequate for carrying out surveillance 
programs in Santa Catarina and for rapidly detecting FMD, CSF, ASF, and 
SVD. The technical infrastructure is adequate, and officials use 
advanced technologies to conduct animal health programs. Santa 
Catarina's local veterinary unit offices are adequately staffed, with 
strong local contacts, coverage, and control mechanisms. Personnel 
appeared to be adequately trained in identifying the clinical signs of 
FMD, SVD, ASF, and CSF. Local veterinary units also regularly provide 
information on disease signs and reporting requirements to producers 
within their coverage area. The private sector is strongly committed to 
general animal health activities as well as disease eradication and 
traceability (identification) systems, and shows its support by 
substantial financial contributions. With regard to indemnity 
procedures, we concluded that sufficient funds are available to 
compensate owners for depopulated, exposed, and affected animals. The 
Federal authorities provide money for payments from the national 
treasury, and money also comes from private indemnity funds created and 
administered by producers.

Disease Status in the Region

    There is no evidence of any FMD, CSF, SVD, or ASF infections or 
outbreaks in Santa Catarina. No outbreaks of FMD have occurred in Santa 
Catarina since 1993, and the World Organization for Animal Health (OIE) 
recognized Santa Catarina as free of FMD without vaccination in 2007. 
No outbreaks of ASF have occurred in Santa Catarina since 1981, and no 
outbreaks of CSF have occurred in Santa Catarina since 1990. SVD has 
never occurred in Brazil.

Disease Status of Adjacent Regions and Separation Measures

    Adjacent regions that were considered in our risk analysis were the 
Brazilian States of Rio Grande Do Sul and Paran[aacute] and the 
neighboring country of Argentina. Santa Catarina is surrounded by the 
Brazilian States of Rio Grande Do Sul and Paran[aacute], both 
recognized by the OIE as free of FMD with vaccination. The last FMD 
outbreak in Rio Grande Do Sul occurred in 2001, and the last FMD 
outbreak in Paran[aacute] occurred in 2005. FMD outbreaks in Rio Grande 
Do Sul in 2000 and 2001 were linked to outbreaks in Uruguay and 
Argentina. Argentina borders Santa Catarina, Rio Grande Do Sul, and 
Paran[aacute]. Numerous FMD outbreaks occurred throughout Argentina 
from July 2000 through December 2000 and March 2001 through January 
2002. The most recent FMD outbreak in Argentina was reported in 2006. 
Brazil appears to have successfully prevented the introduction of FMD 
from Argentina during some but not all outbreaks in that country.
    Santa Catarina is located within a CSF-free zone in southern 
Brazil, as are both States adjoining Santa Catarina. No cases of CSF 
have been detected in the CSF-free zone since it was created in 2001. 
Although CSF has been detected in recent years in the CSF-infected zone 
in northern Brazil, movement controls in place between the CSF-infected 
and CSF-free zones have prevented introduction of the disease into the 
CSF-free area. The last reported case of CSF in Argentina occurred in 
1999, and CSF does not appear to be circulating within Argentina at 
this time; therefore, it is not likely that transmission of disease 
would occur from this source.
    Brazil has had no outbreaks of ASF since 1981 and has been declared 
officially free of ASF since 1984. ASF has never been reported in 
Argentina. Therefore, it is highly unlikely that the virus exists in 
areas neighboring Santa Catarina or that these areas pose a risk for 
disease transmission. SVD has never been reported anywhere within 
Brazil or Argentina.

Disease Control Programs

    Brazil's animal health service has a surveillance system that 
covers the entire country and has activities designed to detect and 
prevent the introduction of FMD, CSF, ASF, and SVD and quickly 
eradicate them. APHIS considers that Santa Catarina has a control 
program and a national plan sufficient to respond quickly to any 
emergencies related to FMD, CSF, ASF, and SVD. All official service 
field staff, community participants, and private sector veterinarians 
are trained and required to look for signs of notifiable diseases, 
including FMD, CSF, ASF, and SVD. Santa Catarina maintains a 
surveillance program at the field level on farms, in slaughterhouses, 
and at animal gathering locations. Local veterinary unit personnel 
carry out special visits to certain herds that are classified as 
``risky'' by the official service. Animals are individually inspected 
by personnel from the official service for signs of vesicular disease 
before slaughtering. Other body parts, including the tongue and feet, 
are examined during postmortem inspection. All animals coming into 
fairs, auctions, or exhibitions are clinically inspected by the 
official veterinarians.
    When a notifiable disease is suspected, Santa Catarina has a 
structured system of notification and official involvement to 
investigate. Suspected disease outbreaks must be immediately reported 
to the local unit or to an authority that would notify the local unit. 
The suspect premises is immediately quarantined, movement of animals is 
prohibited, and samples are collected and sent to a laboratory to 
confirm the diagnosis. All actions are carried out as if the herd is 
infected until proven otherwise.

Vaccination Status of the Region

    Santa Catarina does not vaccinate for FMD, CSF, ASF, or SVD. In the 
absence of vaccination, it is likely that clinical signs resulting from 
an incursion of disease would be quickly identified. The Brazilian 
Ministry of Agriculture may approve emergency CSF or FMD vaccinations 
if necessary as part of outbreak control measures.

Degree of Separation from Adjacent Regions

    A combination of geographical and administrative barriers has 
prevented the introduction of FMD, CSF, ASF, and SVD into Santa 
Catarina. The lack of disease history since 2006 for any of the 
diseases under evaluation in the areas adjacent to Santa Catarina 
further reduces the likelihood of their introduction.
    Geographic barriers limit introduction of diseases into Santa 
Catarina by impeding the natural and human-mediated movements of 
animals and animal products. Santa Catarina is bounded on the east by 
the Atlantic Ocean. The northern border of Santa Catarina, with 
Paran[aacute], is composed of rivers and the Serra do Mar mountain 
ridge. The southern border, with Rio Grande do Sul, is defined in large 
part by rivers. The western border, with the Province of Misiones, 
Argentina, is defined primarily by a river, the Rio Peperi-
Gua[ccedil][uacute]. In Misiones, the border area is formed mainly by 
protected natural areas, including the Yaboti Biosphere Reserve.
    Administrative barriers provide most of the controls for movements 
of animals and their products into Santa Catarina. Importation of 
products is controlled through 67 fixed inspection posts, and movement 
controls are in place between Santa Catarina and other areas of Brazil 
to prevent the introduction of FMD and CSF.

[[Page 19918]]

Movement controls are discussed in greater detail in the next section.

Animal Movement Controls and Biosecurity

    Domestic movement controls within Brazil are stringent. The 
Brazilian Ministry of Agriculture requires that all cattle owners 
identify their animals with a unique brand. Sheep and swine are 
identified by a brand or notch in the ear. A system of permits is used 
by the official veterinary service to control animal movements. 
Movement restrictions are in place between Santa Catarina and other 
areas of Brazil affected with FMD or where FMD vaccination is 
practiced. All animals at risk for FMD must undergo clinical inspection 
and quarantine at both their points of origin and their destination. 
Movement restrictions are also in place between the CSF-free zone in 
southern Brazil, which encompasses Santa Catarina, and the CSF-infected 
zone in northern Brazil.
    Santa Catarina has adequate controls at ports of entry for legal 
importation of animals and animal products that could carry FMD, CSF, 
SVD, or ASF. All animals and products must enter and leave Santa 
Catarina via one of the 67 fixed inspection stations. All imported 
animals must be accompanied by a zoosanitary certificate. Dairy and 
breeding animals require individual identification. Imported animals 
intended for slaughter must be transported in a sealed vehicle and must 
go to a federally inspected plant. If an animal arrives at the border 
with clinical signs of disease, it is sent back to the place of origin; 
however, animals that show signs of FMD are quarantined and tested. All 
animal products imported into Brazil must have an import permit, comply 
with all sanitary health requirements, and originate from an 
establishment approved to export to Brazil. All imported animal 
products are inspected and must receive authorization from the official 
veterinarian at the point of entry to be released into Santa Catarina.
    Santa Catarina restricts the importation of animals and products at 
risk of FMD from countries where FMD has occurred. Swine destined for 
import must originate from a country or region considered free from 
ASF, SVD, and CSF. Movement controls and biosecurity measures are in 
place for imports from higher risk areas for CSF.
    Brazilian law prohibits all transport of animal products from 
anywhere in the world without proper permits, and Santa Catarina has a 
legal framework and authority to deal with the entry of illegal animals 
or animal products into the State. Airline passengers and luggage are 
checked for animal and plant products. Shipments arriving by sea are 
also checked for animals and animal products, while ship passengers 
receive random checks for the presence of animals and animal products. 
All prohibited animals and animal products are confiscated and 
slaughtered or destroyed.

Livestock Demographics and Marketing Practices

    Santa Catarina is primarily known for its swine production. The 
domestic livestock population within Santa Catarina consists of 
5,250,000 domestic swine, 2,750,000 cattle, 196,000 sheep, 37,000 
goats, and 16,000 farmed wild boar. Most of Santa Catarina's cattle are 
dairy cattle.
    The majority of Santa Catarina's swine industry consists of a 
vertically integrated production system that covers all stages of 
production from breeding stock to processing. The production system is 
governed by contract requirements that include biosecurity standards, 
traceability requirements, required reporting of disease or production 
problems to the company veterinary representative, and periodic 
training in disease and production measures. Integrated swine farms 
receive frequent official veterinarian visits. APHIS finds that 
controls and biosecurity measures at commercial swine farms effectively 
mitigate introduction and spread of disease.
    During the 2008 site visit, APHIS visited several individual 
facilities operating within an integrated system, including dairy 
operations. All the farms visited followed required biosecurity 
measures, with certified breeding farms following more restrictive 
biosecurity measures. APHIS finds that Santa Catarina has adequate 
control of inspection activities within integrated production systems.
    Santa Catarina's animal identification system was fully implemented 
at the end of 2008. The system is comprehensive and allows officials to 
trace, from birth to death, the movement of cattle and swine within the 
State.
    Santa Catarina has adequate controls and inspection measures at 
slaughter facilities and animal concentration points. There are 58 
slaughterhouses for swine in Santa Catarina, including 18 federally 
inspected slaughterhouses and 40 State-inspected slaughterhouses. Santa 
Catarina contains 97 federally inspected and 60 State-inspected dairy 
facilities. CIDASC inspects fairs, exhibitions, and events where 
animals are gathered.

Disease Surveillance Capability

    Brazil has a two-phase surveillance system that effectively uses 
active and passive surveillance. Phase I relies on active surveillance 
and focuses primarily on serological testing to document freedom from 
disease. Santa Catarina is currently in Phase II. Phase II, which 
consists of monitoring, begins once freedom from infection has been 
established. The main goals in this phase are to prevent the 
reintroduction of the disease, maintain good sanitary conditions, and 
provide technical grounds to demonstrate the continual absence of 
disease and viral activity in the zone. Passive surveillance is the 
primary type employed in Phase II, although active surveillance is also 
used. Passive surveillance activities include observations made during: 
(1) Animal movement control activities and trade of animal products, 
(2) farm inspections, (3) slaughterhouse inspections, and (4) 
inspections during livestock fairs. Passive surveillance takes 
advantage of the community structure in Brazil and relies heavily on 
the participation of the community. Serological testing complements 
passive surveillance in specific ``high-risk'' farms and is also 
conducted whenever there is a suspicion of disease. The surveillance 
and monitoring follow OIE guidelines, therefore, APHIS concluded that 
the serologic sampling is valid and the sampling coverage is adequate.

Diagnostic Laboratory Capability

    Brazil has three laboratories, supervised by the Brazilian Ministry 
of Agriculture, for diagnosing FMD. These are located in Recife 
(Pernambuco State), Para (Belen State), and Pedro Leopoldo (Minas 
Gerais State). The Pan-American Foot-and-Mouth Disease Center 
laboratory in Rio de Janeiro is the reference laboratory. The Recife 
laboratory also performs routine serology for CSF, and for SVD and ASF 
if necessary.
    Based on our site visits, we concluded that Brazil has the 
diagnostic capability to adequately test samples for the presence of 
the FMD, CSF, SVD, and ASF viruses. The laboratories in Recife, Para, 
and Pedro Leopoldo have adequate quality control activities; adequate 
laboratory equipment, which is routinely monitored and calibrated; 
sufficient staff; and an effective and efficient recordkeeping system 
for storage and retrieval of data. The tests used to investigate 
evidence of viral activity are consistent with OIE guidelines. The 
staff members at the facilities visited in 2002 and 2008 were

[[Page 19919]]

well-trained and motivated. Samples are turned around quickly.

Emergency Response Capability

    Brazil has effective disease control and response programs for FMD 
and other notifiable swine and ruminant diseases. FMD, SVD, CSF, and 
ASF are notifiable diseases. The Brazilian State of Santa Catarina has 
a specific contingency plan for immediate, effective action in an 
animal emergency, and each municipality has a local emergency 
operational plan. Local emergency plans are detailed, and emergency 
response kits are extremely well-stocked. If a sanitary emergency or 
documented disease event occurs, the Brazilian State of Santa Catarina 
has a legal framework to authorize needed actions and handle animal 
health emergencies. A notification system ensures a timely emergency 
response. Once notification of an emergency occurs, the State 
establishes coordinating committees and emergency animal health 
technical groups, defines strategies and plans of action, and, when 
necessary, carries out the appropriate control measures within a 
timeframe compatible with a state of emergency. Quarantine and movement 
restriction decisions are made by State officials with input from 
Federal authorities. Based on observations made during the 2008 site 
visit, APHIS concludes the Brazilian State of Santa Catarina has the 
capabilities to respond rapidly and effectively to an animal disease 
outbreak and limit the spread of the disease should an outbreak occur. 
Therefore, we are proposing to amend Sec. Sec.  94.1, 94.8, 94.9, 
94.10, and 94.12 to declare the Brazilian State of Santa Catarina to be 
free of FMD, rinderpest, SVD, CSF, and ASF. This action would relieve 
restrictions on the importation of live swine, live ruminants, and 
products from these species under certain conditions from Santa 
Catarina.
    However, because the Brazilian State of Santa Catarina has a common 
land border with Argentina, a region where FMD exists, the importation 
of meat and other products from ruminants or swine into the United 
States from Santa Catarina would continue to be subject to certain 
restrictions. For this reason, we are proposing to add Santa Catarina 
to the list in Sec.  94.11(a) of regions declared free of rinderpest 
and FMD but that are subject to special restrictions on the importation 
of their meat and other animal products into the United States. The 
regions listed in Sec.  94.11(a) are subject to these special 
restrictions because they: (1) Supplement their national meat supply by 
importing fresh (chilled or frozen) meat of ruminants or swine from 
regions that are designated in Sec.  94.1(a) as regions where 
rinderpest or FMD exists, (2) have a common land border with regions 
where rinderpest or FMD exists, or (3) import ruminants or swine from 
regions where rinderpest or FMD exists under conditions less 
restrictive than would be acceptable for importation into the United 
States.
    Under Sec.  94.11, meat and other animal products of ruminants and 
swine, including ship stores, airplane meals, and baggage containing 
these meat or animal products, may not be imported into the United 
States except in accordance with Sec.  94.11 and the applicable 
requirements of the USDA's Food Safety and Inspection Service at 9 CFR 
chapter III.
    Section 94.11 generally requires that the meat and other animal 
products of ruminants and swine be: (1) Prepared in an inspected 
establishment that is eligible to have its products imported into the 
United States under the Federal Meat Inspection Act; and (2) 
accompanied by an additional certificate, issued by a full-time 
salaried veterinary official of the national government of the 
exporting region, assuring that the meat or other animal products have 
not been commingled with or exposed to meat or other animal products 
originating in, imported from, transported through, or that have 
otherwise been in a region where rinderpest or FMD exists.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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 proposed rule. The 
economic analysis examines the potential economic effects of this 
action on small entities, as required by the Regulatory Flexibility 
Act. The proposed action is not expected to result in beef or other 
ruminant meat exports to the United States of any appreciable quantity 
and trade effects for pork products are likely to be insignificant. The 
analysis, however, identifies swine producers and slaughter facilities 
as the small entities most likely to be affected by this action and 
considers the effects of increased imports of pork. Based on the 
information presented in the analysis, we expect that swine producers 
and slaughter facilities would experience minimal economic effects from 
the small increase of pork imports (a net increase of less than 3 
percent) as a result of this action. Based on the information presented 
in the analysis, APHIS certifies that the proposed rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities. We invite comment on our economic 
analysis, which is posted with this proposed rule on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov) and may be obtained from the person listed 
under FOR FURTHER INFORMATION CONTACT.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with the 
proposed rule for updating the disease status of Santa Catarina, we 
have prepared an environmental assessment. The environmental assessment 
was 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 assessment may be viewed on the Regulations.gov 
Web site or in our reading room. (A link to Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this proposed rule.) In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This proposed 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.

[[Page 19920]]

    Accordingly, we propose to amend 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE 
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE 
VESICULAR DISEASE, 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, 7701-7772, 7781-7786, 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.  94.1  [Amended]

    2. In Sec.  94.1, paragraph (a)(2) is amended by adding the words 
``the Brazilian State of Santa Catarina,'' after the word ``Bermuda,''.


Sec.  94.8  [Amended]

    3. In Sec.  94.8, the introductory text is amended by adding the 
words ``(except the State of Santa Catarina)'' after the word 
``Brazil''.


Sec.  94.9  [Amended]

    4. In Sec.  94.9, paragraph (a) is amended by adding the words 
``the Brazilian State of Santa Catarina;'' after the word 
``Australia;''.


Sec.  94.10  [Amended]

    5. In Sec.  94.10, paragraph (a) is amended by adding the words 
``the Brazilian State of Santa Catarina;'' after the word 
``Australia;''.


Sec.  94.11  [Amended]

    6. In Sec.  94.11, paragraph (a) is amended by adding the words 
``the Brazilian State of Santa Catarina,'' after the word ``Belgium,''.


Sec.  94.12  [Amended]

    7. In Sec.  94.12, paragraph (a) is amended by adding the words 
``the Brazilian State of Santa Catarina;'' after the word ``Belgium,''.
    Done in Washington, DC, this 12\th\ day of April 2010.

Cindy Smith
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-8765 Filed 4-15-10: 8:45 am]
BILLING CODE 3410-34-S