[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67695-67697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31344]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-119-2]


Change in Disease Status of Liechtenstein Because of BSE

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that added Liechtenstein to the list of regions where bovine 
spongiform encephalopathy exists. We took this action because bovine 
spongiform

[[Page 67696]]

encephalopathy was detected in two bovine animals in Liechtenstein. The 
effect of the interim rule was to prohibit or restrict the importation 
of ruminants that have been in Liechtenstein and meat, meat products, 
and certain other products of ruminants that have been in 
Liechtenstein. 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 December 18, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective December 18, 1998, and published in 
the Federal Register on December 24, 1998 (63 FR 71209-71210, Docket 
No. 98-119-1), we amended the regulations in 9 CFR part 94 by adding 
Liechtenstein to the list in Sec. 94.18(a)(1) of regions where bovine 
spongiform encephalopathy (BSE) exists. We took this action because BSE 
was detected in two bovine animals born in Liechtenstein.
    We solicited comments concerning the interim rule for 60 days 
ending February 22, 1999. We received one comment by that date. The 
comment was from an individual who did not oppose adding Liechtenstein 
to the list of regions where BSE exists but expressed the opinion that, 
at this time, animals and animal products derived from animals should 
be banned from importation into the United States until techniques are 
developed that will inactivate transmissible spongiform encephalopathy 
(TSE) agents, including BSE. The commenter also stated that the 
exporting country's regulations should be equal to or stronger than 
ours, and the country's animal population should be TSE-free. In 
addition, the commenter raised issues regarding human health and the 
labeling of certain animal products. These comments are outside the 
scope of this rulemaking.
    We currently prohibit or restrict the importation of ruminants, 
ruminant meat and meat products, and certain other ruminant products 
from regions where BSE is known to exist and from regions where we 
believe BSE may exist. This rulemaking added Liechtenstein to the list 
of those regions. If we determine that other changes to our regulations 
are necessary to prevent the introduction of BSE into the United 
States, we will publish another document in the Federal Register for 
public comment.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule.
    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 Liechtenstein to the list of regions where BSE exists. We took 
this action because BSE was detected in two bovine animals in 
Liechtenstein. The effect of the interim rule was to prohibit or 
restrict the importation of ruminants that have been in Liechtenstein 
and meat, meat products, and certain other products of ruminants that 
have been in Liechtenstein. 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 Liechtenstein.
    Preventing the introduction of BSE into the United States is 
critical. BSE 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 October 1998 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 that are 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 ruminants (bovine, sheep, and goats) and ruminant products 
(bovine, sheep, lamb, and goat meat and bovine, sheep, and goat offal) 
was more than $3.1 billion. Those export sales could be lost in their 
entirety. Consumers could 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 Liechtenstein will have little or no effect on 
U.S. consumers. No ruminants, ruminant meat, or ruminant offal were 
imported into the United States from Liechtenstein in the last 5 years. 
Total imports into the United States of ruminant meat in 1997 had a 
value of more than $1.6 billion. Because Liechtenstein is not a 
significant supply source of ruminants and ruminant products for the 
U.S. market,

[[Page 67697]]

restrictions on imports from Liechtenstein should not have a 
significant effect on consumer prices in the United States.
    Placing Liechtenstein 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 region. Little economic effect should be associated 
with any of these restrictions. Further, the importation into the 
United States of any pet or animal feed from Liechtenstein that may 
contain ruminant products is restricted as a result of this action. The 
United States has imported dog and cat food from Liechtenstein since 
1995. In 1997, total imports of dog and cat food into the United States 
had a value of more than $149 million; of this, only $52,191 worth was 
imported from Liechtenstein. Therefore, we expect that there will be 
very little or no effect on U.S. consumers as a result of this 
restriction.
    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 63 FR 
71209-71210 on December 24, 1998.

    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 23rd day of November 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-31344 Filed 12-2-99; 8:45 am]
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