[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6182]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 93-127-2]

 

Change in Disease Status of the Republic of Korea Because of 
Rinderpest and Foot-and-Mouth Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring the Republic of Korea free of rinderpest and 
foot-and-mouth disease. There have been no outbreaks of foot-and-mouth 
disease in the Republic of Korea since 1934, and we have determined 
that rinderpest has never existed there. We are also adding the 
Republic of Korea to a list of countries that, although declared free 
of rinderpest and foot-and-mouth disease, are subject to special 
restrictions on the importation of their meat and other animal products 
into the United States. This revision will remove the prohibition on 
the importation into the United States, from the Republic of Korea, of 
live ruminants and fresh, chilled, and frozen meat from ruminants, and 
will relieve restrictions on the importation, from the Republic of 
Korea, of milk and milk products from ruminants.
    The Republic of Korea is not declared to be free of hog cholera and 
swine vesicular disease. Therefore, the importation from the Republic 
of Korea of swine and fresh, chilled, and frozen meat from swine will 
continue to be restricted because of these diseases.
    We are also adding the Republic of Korea to the list of countries 
whose importation into the United States of llamas and alpacas is 
restricted.

EFFECTIVE DATE: April 1, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian, 
Import-Export Products Staff, National Center for Import-Export, 
Veterinary Services, APHIS, USDA, room 759, Federal Building, 6505 
Belcrest Road, Hyattsville, MD 20782, (301) 436-7834.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products in order to prevent the introduction into 
the United States of various diseases, including rinderpest, foot-and-
mouth disease (FMD), bovine spongiform encephalopathy, African swine 
fever, hog cholera, and swine vesicular disease. These are dangerous 
and destructive communicable diseases of ruminants and swine.
    Section 94.1(a)(1) of the regulations provides that rinderpest or 
FMD exists in all countries of the world except those listed in 
Sec. 94.1(a)(2), which are declared to be free of these diseases.
    On November 30, 1993, we published in the Federal Register (58 FR 
63122-63123, Docket No. 93-127-1) a proposal to add the Republic of 
Korea1 to the list in Sec. 94.1(a)(2) of countries declared to be 
free of rinderpest and FMD.
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    \1\The Republic of Korea was incorrectly referred to in the 
proposed rule as South Korea.
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    We also proposed to add the Republic of Korea to the list in 
Sec. 94.11(a) of countries declared free of rinderpest and FMD that are 
subject to special restrictions on the importation of their meat and 
other animal products into the United States.
    Additionally, we proposed to add the Republic of Korea to the list 
in Sec. 94.1(d)(1) of countries in which rinderpest or FMD has been 
known to exist and that were declared free of rinderpest and FMD on or 
after September 28, 1990. All countries declared free of rinderpest and 
FMD on or after September 28, 1990, must be added to this list. The 
importation or entry of llamas and alpacas into the United States from 
countries on this list is prohibited, unless the llamas or alpacas are 
imported through the Harry S Truman Animal Import Center in accordance 
with 9 CFR 92.435.
    We solicited comments concerning our proposal for a 60-day comment 
period ending January 31, 1994. We did not receive any comments. The 
facts presented in the proposed rule still provide the basis for this 
final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule.

Effective Date: This is a substantive rule that relieves restrictions 
and, pursuant to the provisions of 5 U.S.C. 553, may be made effective 
less than 30 days after publication in the Federal Register. This rule 
removes the prohibition on the importation into the United States, from 
the Republic of Korea, of ruminants and fresh, chilled, and frozen meat 
from ruminants and relieves restrictions on the importation, from the 
Republic of Korea, of milk and milk products from ruminants. We have 
determined that approximately 2 weeks are needed to ensure that Animal 
and Plant Health Inspection Service personnel at ports of entry receive 
official notice of this change in the regulations. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be made effective 15 days after 
publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866.
    For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    This rule adds the Republic of Korea to the list in part 94 of 
countries declared to be free of rinderpest and foot-and-mouth disease. 
This action relieves restrictions imposed on the importation of live 
ruminants and fresh, chilled, and frozen meat of ruminants from the 
Republic of Korea into the United States. This action does not relieve 
restrictions on the importation of live swine and fresh, chilled, and 
frozen meat of swine because the Republic of Korea is still considered 
to be affected with hog cholera and swine vesicular disease.
    Based on available information, the Department does not anticipate 
a major increase in exports of fresh, chilled, or frozen meat of 
ruminants from the Republic of Korea into the United States as a result 
of this rule. In 1992, the United States did not import any live 
ruminants or swine from the Republic of Korea. Additionally, only 2 
metric tons of meat and meat products were shipped from the Republic of 
Korea to the United States. This accounted for less than one-tenth of 
one percent of total 1992 meat imports. The Republic of Korea is 
currently an importer of beef and lamb and does not produce enough 
ruminant meat to be self-sufficient. Therefore, any effect on domestic 
prices or supplies will be insignificant. Increases in imports of live 
ruminants from the Republic of Korea are also unlikely because there is 
no demand in the United States for live ruminants from the Republic of 
Korea and because of high transportation costs.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this final rule have been approved by the Office of 
Management and Budget (OMB), and there are no new requirements. The 
assigned OMB control number is 0579-0015.

List of Subjects in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.
    Accordingly, 9 CFR part 94 is amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE 
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: 
PROHIBITED AND RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) is amended by adding ``Republic 
of Korea,'' immediately after ``Poland,''.
    3. In Sec. 94.1, paragraph (d)(1) is amended by adding ``Republic 
of Korea,'' immediately after ``Poland,''.


Sec. 94.11  [Amended]

    4. In Sec. 94.11, the first sentence in paragraph (a) is amended by 
adding ``Republic of Korea,'' immediately after ``Republic of 
Ireland,''.

    Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6182 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-34-P