[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 55813-55814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26974]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-115-2]


Change in Disease Status of Belgium Because of BSE

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that added Belgium to the list of regions where bovine spongiform 
encephalopathy exists. We took this action because bovine spongiform 
encephalopathy was detected in a cow in Belgium. The effect of the 
interim rule was to prohibit the importation of ruminants that have 
been in Belgium and meat, meat products, and certain other products of 
ruminants that have been in Belgium. The interim rule was necessary to 
reduce the risk that bovine spongiform encephalopathy could be 
introduced into the United States.

EFFECTIVE DATE: The interim rule became effective on October 31, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian, 
Animal Products Program, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; (301) 734-
3399; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective October 31, 1997, and published in the 
Federal Register on November 18, 1997 (62 FR 61433-61434, Docket No. 
97-115-1), we amended the regulations in 9 CFR part 94 by adding 
Belgium to the list in Sec. 94.18 of regions where bovine spongiform 
encephalopathy (BSE) exists. We took this action because BSE was 
detected in a cow born in Belgium.
    Comments on the interim rule were required to be received on or 
before January 20, 1998. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the interim 
rule as a final rule.

[[Page 55814]]

    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866 and 12988 and the Paperwork 
Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
adding Belgium to the list of regions where BSE exists. We took this 
action because BSE was detected in a cow in Belgium. The effect of the 
interim rule was to prohibit the importation of ruminants that have 
been in Belgium and meat, meat products, and certain other products of 
ruminants that have been in Belgium. The interim rule was necessary to 
reduce the risk that BSE could be introduced into the United States.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    BSE is a slowly progressing, fatal, degenerative disease that 
affects the central nervous system of cattle. The disease was first 
diagnosed in 1986 in Great Britain, where it is sometimes called ``mad 
cow disease.'' Infected animals may display changes in temperament, 
abnormal posture, incoordination and difficulty in rising, decreased 
milk production, and loss of body condition despite continued appetite. 
The causative agent of BSE is not completely characterized, and there 
is no treatment for the disease. At this time, the disease is not known 
to exist in the United States. There is no vaccine to prevent BSE nor 
is there a test to detect the disease in live animals. Given these 
factors, the import restrictions imposed by the interim rule are the 
most effective means available for ensuring that BSE does not enter the 
United States from Belgium.
    Preventing the introduction of BSE into the United States is 
critical. In addition to the potential threat to public health, BSE 
also has the potential to cause severe economic hardship for the U.S. 
livestock industry. Great Britain's experience with the disease 
provides an insight into how damaging BSE can be to livestock. Between 
November 1986 (when BSE was first diagnosed in Great Britain) and May 
1996, an estimated 160,540 head of cattle in approximately 33,455 herds 
were diagnosed with BSE in Great Britain. The epidemic peaked there in 
January 1993, with almost 1,000 new cases per week. All of the animals 
in Great Britain showing signs of BSE, most of which were dairy cows 
between 3 and 5 years of age, were destroyed.
    If BSE were introduced into the United States, livestock losses 
would likely be much greater than in Great Britain, because the United 
States raises more cattle. However, assuming the same number of cattle 
losses in the United States as in Great Britain (160,540), the 
introduction of BSE into the United States would cost U.S. livestock 
producers $189 million, based on the current price of $1,180 per head 
for dairy cows. The $189 million figure does not include higher 
production costs that would likely be incurred by U.S. producers, due 
to the presence of the disease.
    U.S. export and consumer markets would also be affected. The United 
States currently restricts the importation of live ruminants and 
ruminant products from all regions where BSE is known to exist and from 
regions that present an undue risk of introducing BSE into the United 
States due to import requirements less restrictive than those that 
would be acceptable for import into the United States and/or because of 
inadequate surveillance. Presumably, if BSE were introduced into the 
United States, other regions would adopt similar restrictions on the 
exportation of live ruminants and ruminant products from the United 
States. Such restrictions by other regions would be devastating 
economically. In 1997, for example, the dollar value of U.S. exports of 
both bovine animals and bovine animal meat totaled $3.1 billion. Those 
export sales could be lost in their entirety. Consumers would incur 
higher costs due to higher prices for ruminant products and increased 
prices for competitive products, such as poultry.
    We expect that restricting the importation of live ruminants and 
ruminant products from Belgium will have little or no effect on U.S. 
consumers. Fewer than 100 ruminants were imported into the United 
States from Belgium in 1996. This is compared with U.S. imports of 
nearly 2 million cattle alone in the same year. There were no imports 
into the United States of fresh sheep or goat meat from Belgium in 
1994, 1995, or 1996. Further, there were no imports into the United 
States of canned beef, sausage, and other prepared and preserved beef 
and veal from Belgium in 1996.
    Placing Belgium on the list of regions where BSE is known to exist 
also restricts the importation of bones, products made from bone meal, 
blood meal, meat meal, offal, fat, glands, and serum from ruminants 
from this country. Little effect should be associated with any of these 
restrictions. Further, the importation into the United States of any 
pet or animal feed from Belgium that may contain ruminant products is 
restricted as a result of this action. Since animal feed imported from 
Belgium in 1996 accounted for less than one half of one percent of 
total U.S. animal feed imports in that year, we expect that there will 
be very little or no effect on U.S. consumers as a result of this 
restriction.
    Because Belgium is not a significant supply source for the U.S. 
market, restrictions on imports from Belgium should not have a 
significant effect on consumer prices in the United States.
    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.

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.

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

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 94 and that was published at 62 FR 
61433-61434 on November 18, 1997.

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

    Done in Washington, DC, this 8th day of October 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-26974 Filed 10-14-99; 8:45 am]
BILLING CODE 3410-34-P