[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Proposed Rules]
[Pages 7816-7822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3866]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 31 / Wednesday, February 17, 1999 / 
Proposed Rules  

[[Page 7816]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-029-1]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare the Republic of South Africa, 
except Kruger National Park and the remainder of the foot-and-mouth 
disease controlled area, free of foot-and-mouth disease. We are also 
proposing to declare all of the Republic of South Africa free of 
rinderpest. These proposed actions appear to be appropriate because 
there have been no outbreaks of foot-and-mouth disease in the Republic 
of South Africa, except in Kruger National Park and the remainder of 
the foot-and-mouth disease controlled area, since 1957, and there have 
been no outbreaks of rinderpest in the Republic of South Africa since 
1903. These proposed actions would relieve certain restrictions due to 
foot-and-mouth disease and rinderpest on the importation into the 
United States of certain live animals and animal products from all 
regions of the Republic of South Africa, except Kruger National Park 
and the remainder of the foot-and-mouth disease controlled area. 
However, because we consider the Republic of South Africa to be 
affected with hog cholera, African swine fever, and swine vesicular 
disease, and because the Republic of South Africa has certain trade 
practices regarding animals and animal products that are less 
restrictive than are acceptable for importation into the United States, 
the importation of live swine, and meat and other products from 
ruminants and swine, into the United States from the Republic of South 
Africa would continue to be subject to certain restrictions.

DATES: Consideration will be given only to comments received on or 
before April 19, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-029-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 98-029-1. Comments 
received may be inspected 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 comments are requested to call ahead on (202)690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services Staff, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 
20737-1231, (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) prohibit or restrict the importation of specified animals 
and animal products into the United States to help prevent the 
introduction of various diseases, including foot-and-mouth disease 
(FMD) and rinderpest. FMD and rinderpest are highly contagious and 
destructive diseases of ruminants and swine.
    Section 94.1(a) of the regulations provides that rinderpest or FMD 
exists in all regions of the world except those listed in 
Sec. 94.1(a)(2) as free of both of those diseases and those listed in 
Sec. 94.1(a)(3) as free of rinderpest. The regulations in Sec. 94.1(b) 
prohibit, with certain exceptions, the importation into the United 
States of any ruminant or swine, or any fresh (chilled or frozen) meat 
of any ruminant or swine, that originates from any region where 
rinderpest or FMD exists, or that has entered a port in or otherwise 
transited a region where rinderpest or FMD exists. Also, the 
regulations in Sec. 94.2 restrict the importation of fresh (chilled or 
frozen) products, other than meat, and milk and milk products of 
ruminants or swine that originate in or transit a region where 
rinderpest or FMD exists. Additionally, the importation of organs, 
glands, extracts, and secretions of ruminants or swine originating in a 
region where rinderpest or FMD exists is restricted under the 
regulations in Sec. 94.3, and the importation of cured or cooked meat 
from a region where rinderpest or FMD exists is restricted under the 
regulations in Sec. 94.4. Finally, the regulations in 9 CFR part 98 
restrict the importation of ruminant and swine embryos and animal semen 
from a region where rinderpest or FMD exists.
    The Government of the Republic of South Africa has requested that 
the U.S. Department of Agriculture (USDA) recognize the Republic of 
South Africa as free of rinderpest. They have also requested that USDA 
recognize the Republic of South Africa, except Kruger National Park and 
the remainder of the FMD-controlled area, as free of FMD.
    We will consider declaring a region free of rinderpest and FMD if, 
among other things, no cases of those diseases have been reported in 
the region for at least the previous 1-year period and no vaccinations 
for rinderpest or FMD have been administered to ruminants or swine in 
that region for at least the previous 1-year period. Rinderpest has not 
been diagnosed in the Republic of South Africa since 1903, and 
vaccination for rinderpest has never occurred. The last diagnosed case 
of FMD, outside Kruger National Park and the remainder of the FMD-
controlled area, occurred in 1957, and vaccination outside of Kruger 
National Park and the remainder of the FMD-controlled area is not 
allowed.
    In the documentation submitted by the Government of the Republic of 
South Africa and information obtained during the APHIS on-site 
evaluation (described later in this document), Kruger National Park and 
the remainder of the FMD-controlled area are described. Kruger National 
Park is surrounded by a barbed-wire fence that is approximately 6 feet 
high and patrolled by employees of the Republic of South Africa's 
agriculture department. One employee is stationed every 10 kilometers 
(km). At this time, the barbed-wire fence is being replaced by an 
electrified fence that is approximately 8 feet high. Beyond the

[[Page 7817]]

fence, the FMD-controlled area continues. The FMD-controlled area 
consists of the ``enzootic area,'' a ``surveillance area,'' and the 
rest of the controlled area (which forms a third buffer between 
infected areas and the free zone). The enzootic area is the innermost 
area of the FMD-controlled area and is approximately 10 to 20 km wide. 
Kruger National Park is within the enzootic area. The enzootic area 
extends along the national boundaries of the Republic of South Africa 
and Kruger National Park (see map below). Cattle and small stock 
(goats, sheep, and pigs) can be found in the enzootic area. Under the 
Republic of South Africa's regulations, cattle are inspected for signs 
of FMD every 7 days, and goats and sheep are similarly inspected every 
28 days. In the portion of the enzootic area that is outside of and 
that borders Kruger National Park, all cattle, sheep, and goats are 
vaccinated against FMD every 6 months. Pigs are not vaccinated or 
examined in the enzootic area. However, there is no known commercial 
activity involving pigs in the enzootic area. The small stock people 
raise in this area are sheep and goats, and not pigs. If any pigs are 
present, they are raised for personal consumption and are not likely to 
be moved out of the area. Movement of animals susceptible to FMD from 
the enzootic area to the rest of the controlled area or the proposed 
FMD-free area of the Republic of South Africa requires written 
approval, except for direct movement to slaughter. In addition, 
movement of animals from the enzootic area to the surveillance area is 
allowed under permit after a 14-day quarantine. Also, written approval 
may be necessary under certain circumstances. Cattle moved from the 
enzootic area to the surveillance area are required to be permanently 
branded, except in the case of direct movement to slaughter.
    The surveillance area is approximately 10 to 50 km wide; it borders 
the enzootic area that adjoins Kruger National Park. Under the Republic 
of South Africa's regulations, cattle in the surveillance area are 
inspected for signs of FMD every 14 days, and goats and sheep are 
similarly inspected every 28 days. Vaccination against FMD is not 
permitted in the surveillance area. The movement of animals from the 
surveillance area to the rest of the FMD-controlled area or to the 
proposed FMD-free area is allowed only after a 14-day quarantine, 
issuance of a permit, and written approval, in some cases. Negative 
serology is also required under certain circumstances. No branded 
cattle are allowed to leave the surveillance area, except for direct 
movement to slaughter. However, branded cattle that are in the rest of 
the controlled area or the proposed FMD-free area are subject to permit 
control and may be moved only after written approval from the proper 
authorities.
    The rest of the controlled area is approximately 10 to 20 km wide. 
This area separates the surveillance area from the rest of the Republic 
of South Africa. Under the Republic of South Africa's regulations, 
cattle in this area must be inspected for signs of FMD every 28 days. 
Vaccination against FMD is not permitted.

BILLING CODE 3410-34-P

[[Page 7818]]

Map of the FMD-Controlled Area, Including Zones
[GRAPHIC] [TIFF OMITTED] TP17FE99.005


BILLING CODE 3410-34-C

[[Page 7819]]

    The Republic of South Africa also provided information about its 
surveillance system within the region under consideration for FMD-free 
status. The Republic of South Africa has primarily a passive 
surveillance system in which all cases of vesicular disease are 
investigated. Control measures are followed to prevent the introduction 
of FMD from Kruger National Park and bordering countries. If a case of 
FMD is discovered within the region under consideration for FMD-free 
status, the affected herd will be depopulated.

APHIS Review of Information

    The Animal and Plant Health Inspection Service (APHIS) has reviewed 
the documentation submitted by the Government of the Republic of South 
Africa in support of its request, and a team of APHIS officials 
traveled to the Republic of South Africa in May 1998 to conduct an on-
site evaluation of the Republic of South Africa's animal health program 
with regard to rinderpest and FMD. The on-site evaluation consisted of 
a review of the Republic of South Africa's veterinary services, 
laboratory and diagnostic procedures, disease surveillance system, and 
vaccination practices, and its administration of laws and regulations 
to ensure that rinderpest and FMD are not introduced through the 
importation of live animals, meat, and other animal products from other 
regions, including Kruger National Park and the remaining FMD-
controlled area.

Livestock Demographics

    The on-site evaluation also included a review of the livestock 
demographics within the FMD-controlled area. Currently, cattle and 
small stock are raised in the FMD-controlled area, and farmers in the 
FMD-controlled area typically raise a dozen or so cattle for their 
personal use and consumption and market one or more of the animals if 
cash is needed. However, cattle in the FMD-controlled area are not 
generally raised for commercial purposes. There are approximately 
90,000 cattle in the enzootic area, and approximately 120,000 small 
stock, which consists primarily of goats but also includes some sheep. 
Pigs are uncommon. Small stock are raised for consumption by the owners 
and not for commercial purposes.

Movement of Meat and Other Products

    There are approximately 10 approved slaughter facilities within the 
FMD-controlled area, and essentially all meat produced in these 
facilities is consumed within the FMD-controlled area. However, the 
Republic of South Africa's regulations allow cooked and cured meat, 
hides, and other products prepared in the FMD-controlled area to enter 
the proposed FMD-free area. Also, the Republic of South Africa's 
regulations allow carcasses, meats, hides, and skins prepared in 
approved slaughter facilities in the FMD-controlled area to enter the 
proposed FMD-free area. In addition, carcasses and offal that do not 
originate from approved slaughter facilities may be moved from the 
enzootic area to the surveillance area for a person's own consumption 
if the herd of origin has been inspected within the preceding 7 days 
(cattle) or 28 days (small stock) or the whole carcass, head, and feet 
have been inspected. Hides and skins not originating from approved 
slaughter facilities may be moved from the enzootic area to any 
destination under permit, and hides and skins originating from approved 
slaughter facilities may be moved from the enzootic area to any 
destination without a permit.

Barriers Between Regions

    APHIS officials also evaluated whether the region under 
consideration for FMD-free status was separated adequately by physical 
or other barriers from adjacent regions of higher risk. APHIS officials 
observed that the outer limits of the FMD-controlled area around Kruger 
National Park, previously described in this document, are delineated by 
a range of high mountains that virtually encircle the park. In 
addition, the Republic of South Africa's northern boundary is rugged 
and mountainous. With the exception of its border with the southernmost 
portion of Namibia, the Republic of South Africa's borders are 
protected by almost 3,000 km of fencing that is electrified in some 
areas and topped with barbed wire. Also, some areas of the fence 
consist of two or more parallel fences with coils of electrified razor 
wire that run between the outer fences. The fences are maintained and 
patrolled by the country's army. The portion of its boundary with 
Namibia that is not fenced is too mountainous to erect a fence.

Proposed Action

    Based on the documentation provided by the Government of the 
Republic of South Africa and the data gathered during the on-site visit 
by APHIS officials,1 we are proposing to recognize all of 
the Republic of South Africa as free of rinderpest and all of the 
Republic of South Africa, except Kruger National Park and the remainder 
of the FMD-controlled area, as free of FMD. Accordingly, we would add 
the Republic of South Africa, except Kruger National Park and the 
remainder of the FMD-controlled area, to Sec. 94.1(a)(2) as a region 
free of rinderpest and FMD. We would also amend Sec. 94.1(a)(3) by 
listing the Republic of South Africa as a region free of rinderpest.
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    \1\ A risk assessment has been prepared for this action and is 
available upon written request from the person listed under FOR 
FURTHER INFORMATION CONTACT.
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    These proposed actions would remove: (1) The rinderpest-based 
prohibitions on the importation of live ruminants and swine and fresh 
(chilled or frozen) meat from ruminants and swine from the Republic of 
South Africa, and the FMD-based prohibitions on such importations from 
the Republic of South Africa, except for Kruger National Park and the 
remainder of the FMD-controlled area; (2) the rinderpest-based 
restrictions on the importation of milk and milk products from 
ruminants and swine from the Republic of South Africa, and the FMD-
based restrictions on such importations from the Republic of South 
Africa, except for Kruger National Park and the remainder of the FMD-
controlled area; (3) the rinderpest-based restrictions on the 
importation of organs, glands, extracts, and secretions from ruminants 
and swine from the Republic of South Africa, and the FMD-based 
restrictions on such importations from the Republic of South Africa, 
except for Kruger National Park and the remainder of the FMD-controlled 
area; and (4) the rinderpest-based restrictions on the importation of 
semen and embryos from ruminants and swine from the Republic of South 
Africa, and the FMD-based restrictions on such importations from the 
Republic of South Africa, except for Kruger National Park and the 
remainder of the FMD-controlled area.
    However, because APHIS considers the Republic of South Africa to be 
affected with hog cholera, African swine fever, and swine vesicular 
disease, pork and pork products from all regions of the Republic of 
South Africa would remain subject to the restrictions in Sec. 94.8 for 
African swine fever, Sec. 94.9 for hog cholera, and Sec. 94.12 for 
swine vesicular disease. Similarly, dry cured pork products would only 
be allowed importation from the Republic of South Africa in accordance 
with Sec. 94.17. In addition, because of the presence of these swine 
diseases, we would continue to prohibit the importation of live swine 
into the United States from any part of the Republic of South Africa, 
except as provided in 9 CFR part 93 for wild swine. Finally, the 
importation of ruminant and swine embryos and semen

[[Page 7820]]

from the Republic of South Africa would be restricted as provided in 
subparts B and C of 9 CFR part 98 due to the presence of other ruminant 
and swine diseases.
    We are also proposing to add the proposed FMD-free area of the 
Republic of South Africa to the list in Sec. 94.11(a) of regions 
declared free of rinderpest and FMD but 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; or (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.
    The Republic of South Africa supplements its national meat supply 
by importing fresh (chilled or frozen) meat of ruminants and swine from 
regions designated in Sec. 94.1(a)(1) as regions in which rinderpest or 
FMD exists. In addition, the Republic of South Africa shares common 
land borders with regions designated in Sec. 94.1(a)(1) as regions in 
which rinderpest or FMD exists. Furthermore, the Republic of South 
Africa imports live ruminants and swine from regions not recognized as 
free of rinderpest or FMD under conditions less restrictive than would 
be acceptable for importation into the United States. As a result, 
there is some risk that the meat and other animal products produced by 
the Republic of South Africa could be commingled with the fresh 
(chilled or frozen) meat of animals from a region in which rinderpest 
and FMD exists and present an undue risk of introducing rinderpest or 
FMD into the United States if imported without restriction.
    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 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.
    On October 28, 1997, we published a final rule and policy statement 
in the Federal Register that established procedures for recognizing 
regions, rather than only countries, for the purpose of importing 
animals and animal products into the United States, and that 
established procedures by which regions may request permission to 
export animals and animal products to the United States under specified 
conditions, based on the regions' disease status (see 62 FR 56000-
56033, Dockets 94-106-8 and 94-106-9). The final rule was effective on 
November 28, 1997. The request from the Republic of South Africa 
addressed by this proposed rule is a request to be recognized as two 
regions with respect to FMD. The Republic of South Africa provided 
documentation to support that the entire country is free of rinderpest. 
That Government also provided documentation to support that the 
Republic of South Africa, except Kruger National Park and the remainder 
of the FMD-controlled area, is free of FMD. Therefore, we have handled 
and evaluated this request in the traditional framework of recognizing 
a region as free or not free of a specified disease. This action does 
not involve establishment of any additional restrictions on animals or 
animal products from the Republic of South Africa.

Miscellaneous

    In Sec. 94.1(b)(1), reference is made to part 92 for the 
importation of ruminants and swine. In Docket No. 94-106-9, referenced 
previously in this document, we redesignated part 92 as part 93. This 
citation was not redesignated at that time due to our oversight. We are 
proposing to correct that oversight in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This 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.
    This proposed rule would declare all of the Republic of South 
Africa free of rinderpest and the Republic of South Africa, except 
Kruger National Park and the remainder of the FMD-controlled area, free 
of FMD. This proposed rule would not relieve restrictions imposed on 
the importation of swine and pork or pork products because APHIS 
considers the Republic of South Africa as affected with hog cholera, 
African swine fever, and swine vesicular disease. In addition, since 
the Republic of South Africa shares land borders and maintains trading 
relationships with FMD-affected regions, ruminant meat and other 
products imported into the United States from the Republic of South 
Africa would still be subject to certain restrictions under this 
proposed rule.
    The cattle industry in the Republic of South Africa is small 
relative to the cattle industry in the United States. In 1997, there 
were more than 101 million head of cattle in the United States, 
compared to more than 13 million in the Republic of South Africa. Of 
the 2 million head of cattle that were imported into the United States 
in 1996, more than 99 percent were from Canada and Mexico. Sheep and 
goat inventories are much larger in the Republic of South Africa than 
in the United States. In 1997, there were more than 35 million sheep 
and goats in the Republic of South Africa, compared to more than 7 
million sheep and goats in the United States. Of the sheep that the 
United States imports, more than 99 percent are from Canada and Mexico 
(``World Trade Atlas,'' June 1997). In 1995, the United States imported 
460 goats and sheep from the Republic of South Africa; however, since 
1995, the United States has not imported any live goats and sheep from 
the Republic of South Africa. We do not believe that adoption of this 
proposed rule would result in any significant increase in the number of 
live ruminants imported into the United States from the Republic of 
South Africa because the United States imports ruminants primarily from 
Canada and Mexico.
    We also do not believe that adoption of this proposed rule would 
result in any significant increase in the amount of ruminant meat 
(beef, veal, mutton, and goat meat) and meat products imported into the 
United States from the Republic of South Africa. The Republic of South 
Africa's production of ruminant meat in 1997 was 1,542 million pounds, 
compared to 26,089 million pounds of ruminant meat produced in the 
United States. In 1997, the Republic of South Africa imported 196 
million pounds of ruminant meat

[[Page 7821]]

and exported 44 million pounds of ruminant meat. The Republic of South 
Africa primarily trades with the European Union, Middle East, Japan, 
Korea, Australia, New Zealand, and neighboring African countries. The 
United States obtains more than 85 percent of its imports of ruminant 
meat and meat products from Australia, Canada, and New Zealand. Any 
effect on domestic supplies of ruminant meat and meat products would be 
negligible because we believe that it is unlikely that the Republic of 
South Africa would redirect a significant portion of its ruminant meat 
production for export exclusively to the United States if this proposed 
rule is adopted, given that restrictions would remain in place for 
imports into the United States.
    The importation of dairy products from the Republic of South Africa 
into the United States should also be minimally affected by this rule. 
In 1997, U.S. exports and imports of dairy products were valued at $727 
million and $1,274 million, respectively. In 1997, the United States 
exported $3,391,000 worth of dairy products to the Republic of South 
Africa and imported only $2,000 worth of dairy products from the 
Republic of South Africa. We believe that it is highly unlikely that 
the United States would import a significant amount of dairy products 
from the Republic of South Africa because the United States is a 
significant net exporter of those products to the Republic of South 
Africa. Therefore, the impact on domestic dairy producers should be 
minimal.
    The importation of ruminant embryos and semen from the Republic of 
South Africa into the United States should also be minimally affected 
by this rule. The United States is a net exporter of both bovine semen 
and cattle embryos. In 1996, the value of U.S. bovine semen and cattle 
embryo imports was $7.7 million and $701,000, respectively, while the 
value of U.S. exports of bovine semen and cattle embryos was $63.1 
million and $12.6 million, respectively (``World Trade Atlas,'' June 
1997). Due to the trade balance and the size differences between the 
cattle industries of the United States and the Republic of South 
Africa, the amount of embryos and semen imported will likely be minimal 
and have a minimal impact on small domestic cattle producers.
    The entities most likely to be affected by this proposed rule are 
those entities engaged in the production of live ruminants and ruminant 
meat and meat products. The Small Business Administration's (SBA's) 
definition of a small cattle farm is one whose total sales is less than 
$0.5 million annually. In 1992, 97.8 percent of cattle and calf farms 
in the United States would have been considered small entities.
    The SBA's guidelines state that a small producer of pork and 
ruminant products (part of Standard Industrial Classification (SIC) 
2011 or 2013, meat packing plants) is one employing fewer than 500 
workers. In 1992, 97 percent of the 1,367 meat packing establishments 
in SIC 2011 were considered small entities. These small establishments 
accounted for approximately 40 percent of the total value of shipments 
of the industry, or $50.4 billion. In 1992, 98 percent of the 1,264 
establishments in SIC 2013 were considered small entities. These 
producers accounted for 84 percent of the total value of shipments of 
the industry, or $19.97 billion.
    Although the majority of the domestic entities potentially affected 
by this proposed rule are small, there should be only a minimal change 
in the level of imports that may compete with the production of these 
small entities, and thus there would be a minimal impact on any 
domestic producer of these products, whether small or large.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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

    An environmental assessment and finding of no significant impact 
have been prepared for this proposed rule. The assessment provides a 
basis for the conclusion that the importation of certain live animals 
and animal products from all regions of the Republic of South Africa, 
except Kruger National Park and the remainder of the foot-and-mouth 
disease controlled area, would not present a significant risk of 
introducing or disseminating FMD or rinderpest disease agents into the 
United States and would not have a significant impact on the quality of 
the human environment. Based on the finding of no significant impact, 
the Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969, as amended (NEPA) (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).
    Copies of the environmental assessment and finding of no 
significant impact are 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) 690-2817 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 proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

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

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

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

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, 450; 19 U.S.C. 1306; 
21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 94.1  [Amended]

    2. Section 94.1 would be amended as follows:
    a. In paragraph (a)(2), by adding the words ``Republic of South 
Africa (except Kruger National Park and the remainder of the foot-and-
mouth disease controlled area that separates the foot-and-mouth

[[Page 7822]]

disease free area of the Republic of South Africa from Kruger National 
Park and the regions along the Republic of South Africa's northern 
border),'' immediately after ``Republic of Korea,''.
    b. In paragraph (a)(3), by adding the words ``and the Republic of 
South Africa'' immediately after ``Greece''.
    c. In paragraph (b)(1), the reference ``part 92'' would be removed 
and the reference ``part 93'' would be added in its place.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a) would be amended by adding, in the 
first sentence, the words ``Republic of South Africa (except Kruger 
National Park and the remainder of the foot-and-mouth disease 
controlled area that separates the foot-and-mouth disease free area of 
the Republic of South Africa from Kruger National Park and the regions 
along the Republic of South Africa's northern border),'' immediately 
after ``Republic of Korea,''.

    Done in Washington, DC, this 10th day of February 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-3866 Filed 2-16-99; 8:45 am]
BILLING CODE 3410-34-P