[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Rules and Regulations]
[Pages 20712-20713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9667]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-031-1]


Change in Disease Status of Japan Because of Rinderpest and Foot-
and-Mouth Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations governing the importation of 
certain animals, meat, and other animal products by removing Japan from 
the list of regions declared free of rinderpest and foot-and-mouth 
disease. We are taking this action because the existence of foot-and-
mouth disease has been confirmed there. The effect of this action is to 
prohibit or restrict the importation into the United States from Japan 
of any ruminant or swine, or any fresh, chilled, or frozen meat of any 
ruminant or swine. We are taking this action as an emergency measure to 
protect the livestock of the United States from foot-and-mouth disease.

DATES: This interim rule was effective March 8, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by June 19, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
031-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 00-031-1.
    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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import & Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3276.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of certain animals and animal 
products into the United States in order to prevent the introduction of 
various animal diseases, including rinderpest, foot-and-mouth disease, 
African swine fever, hog cholera, and swine vesicular disease. These 
are dangerous and destructive communicable diseases of ruminants and 
swine. Section 94.1 of the regulations lists regions of the world that 
are declared free of rinderpest or free of both rinderpest and foot-
and-mouth disease (FMD). Rinderpest or FMD exists in all other regions 
of the world not listed. Section 94.11 of the regulations lists regions 
of the world that have been determined to be free of rinderpest and 
FMD, but are subject to certain restrictions because of their proximity 
to or trading relationships with FMD-affected regions.
    Prior to the effective date of this interim rule, Japan was listed 
among those countries considered free of rinderpest and FMD. However, 
on March 8, 2000, a suspected outbreak of FMD was detected. And on 
March 27, 2000, Japan's Ministry of Agriculture notified us with 
confirmation of the FMD diagnosis. Therefore, to protect the livestock 
of the United States from FMD, we are amending the regulations in 
Sec. 94.1 by removing Japan from the list of regions that have been 
declared free of rinderpest and FMD. We are also removing Japan from 
the list of countries in Sec. 94.11 that are declared to be free of 
these diseases, but that are subject to certain restrictions because of 
their proximity to or trading relationships with FMD-affected regions. 
As a result of this action, the importation into the United States of 
any ruminant or swine or any fresh (chilled or frozen) meat of any 
ruminant or swine that left Japan on or after March 8, 2000, is 
prohibited or restricted.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the introduction of FMD into 
the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. The document will 
include a discussion of any comments we receive and any amendments we 
are making to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 interim rule amends the regulations governing the importation 
of certain animals, meat, and other animal products by removing Japan 
from the list of regions declared free of rinderpest and FMD. We are 
taking this action because Japan's Ministry of Agriculture has reported 
an outbreak of FMD in that country. This action prohibits or restricts 
the importation into the United States of any ruminant or swine, or any 
fresh (chilled or frozen) meat of any ruminant or swine that left Japan 
on or

[[Page 20713]]

after March 8, 2000. This action is necessary to protect the livestock 
of the United States from FMD.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has retroactive 
effect to March 8, 2000; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This interim 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.

    Accordingly, we are amending 9 CFR part 94 as follows:

PART 94 RINDERFEST, 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 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 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) is amended by removing the word 
``Japan,''.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a), the first sentence is amended by 
removing the word ``Japan,''.

    Done in Washington, DC, this 12th day of April 2000 .
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-9667 Filed 4-17-00; 8:45 am]
BILLING CODE 3410-34-P