[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Rules and Regulations]
[Pages 43682-43683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17885]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-031-2]


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

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 removed Japan from the list of regions declared free of 
rinderpest and foot-and-mouth disease. We took this action because the 
existence of foot-and-mouth disease was confirmed there. The interim 
rule prohibits or restricts the importation of any ruminant or swine 
and any fresh (chilled or frozen) meat and other products of ruminants 
or swine into the United States from Japan. The interim rule was 
necessary to protect the livestock of the United States from foot-and-
mouth disease.

EFFECTIVE DATE: The interim rule became effective on March 8, 2000.

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

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective March 8, 2000, and published in the 
Federal Register on April 18, 2000 (65 FR 20712-20713, Docket No. 00-
031-1), we amended the regulations in 9 CFR part 94 by removing Japan 
from the list of countries in Sec. 94.1 declared free of rinderpest and 
foot-and-mouth disease (FMD). We also removed Japan from the list of 
countries in Sec. 94.11 declared free of these diseases, but subject to 
certain restrictions because of their proximity to or trading 
relationships with FMD-affected regions. We took this action because 
the existence of foot-and-mouth disease was confirmed there. As a 
result of this action, the importation of any ruminant or swine and any 
fresh (chilled or frozen) meat and other products of ruminants or swine 
into the United States from Japan is prohibited or restricted.
    Comments on the interim rule were required to be received on or 
before June 19, 2000. 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.
    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 in 9 
CFR part 94 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 took this action because of an 
outbreak of FMD in that country. The interim rule prohibits or 
restricts the importation of any ruminant or swine and any fresh 
(chilled or frozen) meat and other products of ruminants or swine into 
the United States from Japan. The interim rule was necessary to protect 
the livestock of the United States from FMD.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    FMD is a highly communicable viral disease of cattle and swine. It 
also affects sheep, goats, and other cloven-hooved ruminants. The 
disease is characterized by fever and blisterlike lesions on the tongue 
and lips, in the mouth, on the teats, and between the hooves. It causes 
severe losses in the production of meat and milk. Many affected animals 
recover, but the disease leaves them debilitated. FMD is present in 
many parts of the world, but the United States has been free of the 
disease since 1929.
    FMD viruses can be spread by animals, people, or materials that 
bring the virus into physical contact with susceptible animals. Imports 
of animal products contaminated with the virus pose the greatest risk 
of introducing FMD into the United States. For example, the virus can 
survive in chilled, frozen, salted, cured and partially cooked meats. 
Because it spreads widely and rapidly and has grave economic as well as 
physical consequences, FMD is one of the animal diseases that livestock 
owners dread most.
    Animals in the United States are highly susceptible to FMD viruses 
because they have not developed immunity to the disease and are not 
vaccinated against it. If an outbreak did occur in the United States, 
this disease could spread rapidly to all sections of the country by 
routine livestock movements unless detected early and eradicated 
immediately. If allowed to spread unchecked, it could take years and 
cost billions of dollars to eradicate FMD from the United States.
    The livestock industry plays a significant role in the U.S. 
economy. There were approximately 1,115,650 cattle operations in the 
United States in 1998,\1\ with approximately 99.7 million head of 
cattle valued at $60.1 billion. About 99 percent of these operations 
had gross receipts of less than $500,000. There were approximately 
114,470 hog producers in the United States in 1998, with approximately 
61.1 million hogs valued at just under $5.0 billion. More than 99 
percent of these producers had gross receipts of less than $500,000. 
There were approximately 68,810 sheep and lamb operations in the United 
States in 1998, with approximately 7.8

[[Page 43683]]

million sheep and lambs valued at $798 million. More than 99 percent of 
these operations had receipts of less than $500,000. Based on the 1997 
Census of Agriculture, there were approximately 57,900 goat producers 
in the United States in 1997. They raised 1,989,799 goats with an 
approximate value of $74 million. More than 99 percent of these goat 
producers had receipts of less than $500,000.
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    \1\ An operation is any place having one or more cattle on hand 
during the year.
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    The U.S. livestock industry also plays an important role in 
international trade. U.S. competitiveness in international markets 
relies to a great degree upon this country's reputation for producing 
high quality disease-free animals and animal products. Maintaining 
these favorable trade conditions depends, in part, on continued 
aggressive efforts to prevent any threat of FMD introduction into the 
United States. A single outbreak of FMD, anywhere in the United States, 
would close our major export markets of livestock and livestock 
products overnight. Most exports of meat, animals and byproducts would 
be stopped until the disease was completely eradicated. In 1998, total 
earnings from U.S. exports of ruminants and swine, and fresh (chilled 
or frozen) meat and other products of ruminants and swine were 
approximately $4.5 billion. Consequently, an outbreak of FMD could 
result in the potential loss of export sales in the billions of dollars 
as well as other costs to those involved in the U.S. livestock 
industry.
    This action will produce economic benefits by protecting against 
the introduction of FMD into the United States. We expect that 
prohibiting or restricting the importation into the United States of 
any ruminant or swine and any fresh (chilled or frozen) meat and other 
products of ruminants or swine from Japan will have little or no effect 
on U.S. entities (importers, members of the public, and producers), 
large or small. In 1998, the United States imported from Japan 
ruminants and swine and fresh (chilled or frozen) meat of ruminants and 
swine valued at approximately $3.8 million. This represents less than 1 
percent of the total U.S. imports of these products. Since Japan is not 
a significant source of these products for the U.S. market, 
restrictions on imports from Japan should not have a noticeable effect 
on producer, wholesale, or consumer prices in the United States. Any 
shortfall of supply could easily be met from domestic or other sources. 
Therefore, we expect that there will be very little or no effect on 
U.S. entities 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--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

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 94 and that was published at 65 FR 
20712-20713 on April 18, 2000.

    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 11th day of July 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-17885 Filed 7-13-00; 8:45 am]
BILLING CODE 3410-34-P