[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Rules and Regulations]
[Pages 39782-39784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16314]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-038-1]


Importation of Bovine Parts From Argentina

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 prohibiting the 
importation from Argentina of any bovine parts that are not, by 
standard practice, part of a bovine carcass that is placed in a chiller 
for maturation after slaughter. Items prohibited from importation 
include all parts of bovine heads, feet, hooves, and internal organs. 
Additionally, we are requiring that bovines slaughtered for the export 
of fresh beef from Argentina to the United States undergo ante- and 
post-mortem inspections for signs of foot-and-mouth disease and that 
representatives of the Animal and Plant Health Inspection Service be 
allowed access to the establishments where the bovines are slaughtered. 
We are also clarifying some provisions of the regulations. We are 
taking these actions as emergency measures to protect the livestock of 
the United States from foot-and-mouth disease.

DATES: This interim rule is effective June 28, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by August 28, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
038-1, 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. 00-038-1.
    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, Director, National 
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, 
Riverdale, MD 20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals 
and animal products into the United States to prevent the introduction 
of various animal diseases, including rinderpest, foot-and-mouth 
disease (FMD), African swine fever, hog cholera, and swine vesicular 
disease. These are dangerous and destructive communicable diseases of 
ruminants and swine. Section 94.21 of the regulations allows the 
importation of fresh (chilled or frozen) beef from Argentina, but only 
under certain conditions, because fresh beef from Argentina that does 
not meet the required conditions would present an unacceptable risk of 
introducing FMD into the United States.

Maturation Process

    Among the conditions for the importation of fresh beef from 
Argentina is the requirement in Sec. 94.21(k) of this interim rule 
(designated as Sec. 94.21(h) prior to this interim rule) that the meat 
come from bovine carcasses that have been allowed to maturate at 40 to 
50  deg.F (4 to 10  deg.C) for a minimum of 36 hours after slaughter 
and that have reached a pH of 5.8 or less in the loin muscle at the end 
of the maturation period. This provision goes on to state that if the 
meat does not meet this pH level after 60 hours, it may not be exported 
to the United States. This requirement is based on the fact that the 
FMD virus in meat is inactivated by acidification, which occurs 
naturally during maturation. An acid environment of a pH of 5.8 or less 
destroys the virus quickly.
    Section 94.21, paragraph (i), of this interim rule (designated as 
Sec. 94.21(i) prior to this interim rule) provides that beef from 
Argentina may not be exported to the United States unless all bone, 
blood clots, and lymphoid tissue have been removed from the meat. The 
removal of these parts is necessary because any FMD virus these parts 
might potentially harbor may not be inactivated by the maturation 
process described above.

[[Page 39783]]

    It has come to our attention that, in some cases, among the bovine 
parts being imported into the United States from Argentina are those 
that are not, by standard practice, part of the carcass that is placed 
in a chiller for maturation after slaughter. In the rule we published 
in the Federal Register in June 1997 allowing the importation of fresh 
(chilled or frozen) beef from Argentina (62 FR 34385-34394), it was 
never our intent that such items be allowed entry into the United 
States. When we referred to fresh (chilled or frozen) beef in 
Sec. 94.21, we meant only the traditional cuts of meat obtained from a 
bovine's carcass, not any part of the animal's head, its feet or 
hooves, or its internal organs. While portions of a bovine's head, 
feet, hooves, and internal organs may reach the necessary pH level 
during the required maturation process, these items can contain lymph 
tissue and blood clots that may potentially harbor FMD virus that is 
not inactivated.
    Therefore, we are amending Sec. 94.21 to prohibit the importation 
of any bovine parts that are not, by standard practice, part of the 
carcass that is placed in a chiller for maturation after slaughter. 
Included in this prohibition are all parts of bovine heads, feet, 
hooves, and internal organs.

Ante- and Post-Mortem Inspections

    Because FMD has a short incubation period, if animals were infected 
with FMD at a premises of origin, it is likely that lesions would be 
visible in at least a few of those animals at the slaughtering 
establishment prior to slaughter. Similarly, post-mortem inspection of 
carcasses would be likely to identify any lesions and vesicles in 
animals infected with FMD. At the time we published our 1997 rule 
allowing the importation of fresh beef from Argentina, it was standard 
practice in that country to conduct ante- and post-mortem inspections 
of cattle at slaughtering establishments, in accordance with the Animal 
Health Code of the Office International des Epizooties and European 
Union requirements. Such inspections continue to be conducted as 
routine procedure.
    Because ante- and post-mortem inspections are carried out as 
standard practice in Argentina, we did not specifically require such 
inspections in the regulations. However, because of the importance of 
these inspections in reducing disease risk, we are adding to Sec. 94.21 
explicit requirements for ante- and post-mortem inspections of bovines 
slaughtered for the export of fresh beef from Argentina to the United 
States.

APHIS Inspection of Slaughtering Establishments

    We are also adding to Sec. 94.21, as a condition for the 
importation of fresh beef from Argentina, that establishments in which 
the bovines are slaughtered allow periodic APHIS inspection of their 
facilities, records, and operations. Prior to this interim rule, 
Sec. 94.21 already required that an authorized official of Argentina 
certify that the required conditions for importation have been met. We 
continue to believe that, in the great majority of cases, certification 
by an authorized official of Argentina that the requirements for 
importation have been met will be sufficient verification. However, 
because of the possibility of occasional differing interpretations of 
the regulations, we consider it advisable to enable APHIS 
representatives to have access to slaughtering establishments for 
periodic inspections of the establishments and their records and 
operations.

Meaning of ``Originate''

    One of the conditions for the importation of fresh beef from 
Argentina has been that the beef originate in Argentina. In order to 
avoid any misunderstanding of our intent regarding the term 
``originate,'' we are specifying in Sec. 94.21(a) that fresh (chilled 
or frozen) beef to be imported from Argentina must originate from 
bovines that were born, raised, and slaughtered in Argentina. We 
consider this change necessary to make it clear that beef exported from 
Argentina that comes from any animals born, raised, or slaughtered in a 
country other than Argentina may not be imported into the United 
States.

Blood Clots and Lymphoid Tissue

    As discussed above, one of the requirements for importing fresh 
beef from Argentina has been the removal from the meat of all bone, 
blood clots, and lymphoid tissue. Although we continue to consider the 
removal of these parts necessary, we recognize that meat may contain 
small portions of blood clots or lymphoid tissue that are not visually 
identifiable as such. Because such small parts are unlikely to harbor 
any FMD virus that is not inactivated by the process described above 
under the heading ``Maturation Process,'' and because we recognize that 
it would be difficult, if not impossible, to remove parts of blood 
clots or lymphoid tissue that are not recognizable as such, we are 
clarifying in Sec. 94.21(i) that for fresh beef to be imported from 
Argentina, all bone and visually identifiable blood clots and lymphoid 
tissue must have been removed from the meat.

Nonsubstantive Changes

    In addition to the changes to the regulations discussed above, we 
are making some nonsubstantive changes to Sec. 94.21. In Sec. 94.21(e) 
(designated as Sec. 94.21(g) prior to this interim rule), we are 
simplifying the wording of a condition for importation to state that 
``[t]he meat came from bovines that have never been vaccinated for 
rinderpest,'' rather than ``[t]he meat came from bovines that have not 
been vaccinated for rinderpest at any time during the lifetime of any 
of the bovines slaughtered for export of meat,'' as was stated prior to 
this interim rule.
    Additionally, we are reordering the sequence of the provisions in 
Sec. 94.21 as follows: Paragraph (b) as set forth prior to this interim 
rule becomes paragraph (f); paragraph (c) becomes paragraph (j); 
paragraph (d) becomes paragraph (c); paragraph (e) becomes paragraph 
(b); paragraph (f) becomes paragraph (d); paragraph (g) becomes 
paragraph (e); paragraph (h) becomes paragraph (k); and paragraph (j) 
becomes paragraph (l).

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 protect the livestock of the United 
States from FMD.
    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. The 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 interim rule prohibits the importation of any bovine parts 
that are not, by standard practice, part of the carcass that is placed 
in a chiller for

[[Page 39784]]

maturation after slaughter. It additionally requires ante- and post-
mortem inspections of animals from which fresh beef intended for 
importation into the United States comes, requires that APHIS 
representatives be allowed access to slaughtering establishments for 
periodic inspections, and clarifies certain provisions of the 
regulations.

Bovine Parts

    There are many byproducts of beef production, including hide, 
hooves, tallow, blood meal, bone meal, head meat, tongue, lungs, tripe, 
and other organs. Parts used as food can be collectively termed edible 
offal. Exports of edible offal from the United States are over 10 times 
greater than U.S. imports of these products. This position as a strong 
net exporter reflects a domestic market in which prices are affected 
minimally, if at all, by the limited U.S. demand for imports. Canada, 
Australia, and New Zealand are the major foreign sources of edible 
offal for the United States, supplying more than 95 percent of the 
products imported.
    Edible offal imports from Argentina in 1998 and 1999, the only 
years for which such imports are recorded, are relatively small. They 
totaled 13.8 metric tons and 460.2 metric tons, respectively, and had 
values of $41,000 and $1,052,000. Although the amount and value of the 
importations for 1999 show significant increases over 1998, they 
represent only 1.3 percent of U.S. edible offal imports.

Entities Affected

    The entities in the United States most likely to be directly 
affected by this rule are meatpacking plants that import edible offal 
from Argentina. While there may be small entities affected by this 
rule, their number is not known. However, because edible offal imports 
from Argentina constitute a very small fraction of edible offal imports 
overall, and because U.S. imports of these products represent less than 
10 percent of U.S. exports of such products, the effects of this rule 
on all entities, large or small, is expected to be insignificant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant impact on a substantial number of small 
entities.

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 no 
retroactive effect; 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--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 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).


    2. Section 94.21 is revised to read as follows:


Sec. 94.21  Restrictions on importation of beef from Argentina.

    Notwithstanding any other provisions of this part, fresh (chilled 
or frozen) beef from Argentina may be exported to the United States 
under the following conditions:
    (a) The meat is beef from bovines that have been born, raised, and 
slaughtered in Argentina.
    (b) Foot-and-mouth disease has not been diagnosed in Argentina 
within the previous 12 months.
    (c) The meat came from bovines that originated from premises where 
foot-and-mouth disease and rinderpest have not been present during the 
lifetime of any bovines slaughtered for the export of meat to the 
United States.
    (d) The meat came from bovines that originated from premises on 
which ruminants and swine had not been vaccinated with modified or 
attenuated live viruses for foot-and-mouth disease at any time during 
the lifetime of the bovines slaughtered for export of meat to the 
United States.
    (e) The meat came from bovines that have never been vaccinated for 
rinderpest.
    (f) The meat came from bovines that were moved directly from the 
premises of origin to the slaughtering establishment without any 
contact with other animals.
    (g) The meat came from bovines that received ante-mortem and post-
mortem veterinary inspections at the slaughtering establishment, with 
no evidence found of foot-and-mouth disease.
    (h) The beef consists only of bovine parts that are, by standard 
practice, part of the animal's carcass that is placed in a chiller for 
maturation after slaughter. Bovine parts that may not be imported 
include all parts of bovine heads, feet, hooves, and internal organs.
    (i) All bone and visually identifiable blood clots and lymphoid 
tissue have been removed from the meat.
    (j) The meat has not been in contact with meat from regions other 
than those listed in Sec. 94.1(a)(2).
    (k) The meat came from bovine carcasses that were allowed to 
maturate at 40 to 50 Sec. F (4 to 10 Sec. C) for a minimum of 36 hours 
after slaughter and that reached a pH of 5.8 or less in the loin muscle 
at the end of the maturation period. Any carcass in which the pH does 
not reach 5.8 or less may be allowed to maturate an additional 24 hours 
and be retested, and, if the carcass still does not reach a pH of 5.8 
or less after 60 hours, the meat from the carcass may not be exported 
to the United States.
    (l) An authorized official of Argentina certifies on the foreign 
meat inspection certificate that the above conditions have been met.
    (m) The establishment in which the bovines are slaughtered allows 
periodic APHIS inspection of its facilities, records, and operations.

    Done in Washington, DC, this 22nd day of June 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-16314 Filed 6-27-00; 8:45 am]
BILLING CODE 3410-34-P