[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Rules and Regulations]
[Pages 82894-82896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33400]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-079-1]


Certification of Beef From Argentina

AGENCY: Animal and Plant Health Inspection Service.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations governing the importation of 
fresh (chilled or frozen) beef from Argentina by adding a requirement 
that Argentina certify that the beef does not come from animals that 
have ever been in specified areas along Argentina's borders with 
Paraguay, Brazil, Bolivia, and Uruguay. 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 July 15, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by February 27, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-079-1, 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. 00-079-1. 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. Masoud Malik, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; 
(301) 734-8364.

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 
(FMD), African swine fever, hog cholera, and swine vesicular disease. 
These are dangerous and destructive 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 FMD. 
Rinderpest or FMD exists in all regions of the world not listed. 
Argentina is not listed in Sec. 94.1; however, Sec. 94.1(a)(1) 
references Sec. 94.21, which provides for the importation of fresh 
(chilled or frozen) beef from Argentina under certain conditions. 
Section 94.4 provides for the importation of cured or cooked meat from 
regions where rinderpest or FMD exists, except for cured or cooked beef 
from Argentina that meets the requirements for the importation of fresh 
(chilled or frozen) beef as provided in Sec. 94.21.
    Prior to the effective date of this interim rule, Sec. 94.21 
allowed the importation of fresh (chilled or frozen) beef from 
Argentina if, among other things, FMD had not been diagnosed in 
Argentina within the previous 12 months. In addition, beef from 
Argentina that was cured or cooked other than in accordance with the 
provisions of Sec. 94.4 was allowed importation into the United States 
if the beef met the import conditions for fresh (chilled or frozen) 
beef as provided in Sec. 94.21. However, on or about July 22, 2000, 
cattle from a neighboring country were illegally imported into 
Argentina, and on August 16, 2000, Argentina confirmed that one of the 
imported animals was infected with FMD.
    Before August 2000, the last reported case of FMD in Argentina was 
in April 1994. Argentina stopped vaccinating cattle for FMD in April 
1999.
    In response to the confirmation of the FMD diagnosis in August 
2000, Argentina issued a voluntary ban on beef exports and initiated 
other measures to control the spread of the disease. Additionally, the 
United States Department of Agriculture issued a temporary hold on the 
importation of all beef from Argentina that had been authorized to be 
imported under Sec. 94.21. During late September and early October 
2000, a tripartite delegation consisting of representatives from the 
United States, Canada, and Mexico visited Argentina to assess the FMD 
situation. After extensive inspection and evaluation, the tripartite 
delegation concluded that Servicio Nacional de Sanidad y Calidad 
Agroalimentaria (SENASA) had acted promptly and effectively to 
eliminate the FMD infection. A copy of the site visit report is 
available for review in our reading room (see ADDRESSES for location 
and hours of operation) and at http://www.aphis.usda.gov/vs/reg-request.html.
    Further, Veterinary Services staff members of the Animal and Plant 
Health Inspection Service (APHIS) produced a risk analysis document to 
explore the potential FMD risks associated with importing beef from 
Argentina under the limitations set in Sec. 94.21. This report 
concluded that the August 2000 outbreak of FMD, which resulted from the 
illegal movement of animals into Argentina from a bordering country, 
had been quickly detected and contained. This report also noted that 
there is no evidence that Argentina is not in compliance with any of 
the requirements listed at Sec. 94.21 and that Argentina is developing 
additional safeguards against the risks associated with the illegal 
movement of animals into Argentina from bordering countries. A copy of 
the risk analysis is available for review in our reading room (see 
ADDRESSES for location and hours of operation) and at http://www.aphis.usda.gov/vs/reg-request.html.
    In consideration of SENASA's prompt action and the conclusions of 
the risk analysis, we plan to allow beef imports to resume from 
Argentina under Sec. 94.21, with the following additional provisions 
contained in this interim rule. This interim rule requires an 
authorized veterinary official of the Government of Argentina to 
certify that the beef being exported to the United States is not from 
an animal that has ever been in specified areas along Argentina's 
borders with Paraguay, Brazil, Bolivia, and Uruguay. These areas are 
described in a new paragraph (n) of Sec. 94.21, and maps showing the 
border areas may be viewed at http://www.aphis.usda.gov/vs/reg-request.html. We believe this

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additional measure will ensure that beef imported from Argentina under 
Sec. 94.21 continues to present a negligible risk of being contaminated 
with the FMD virus.
    This interim rule also revises current Sec. 94.21(l) to clarify 
that an authorized veterinary official must certify on the meat 
inspection certificate accompanying the meat that all provisions of 
Sec. 94.21 have been met. Currently, Sec. 94.21(l) specifies only ``an 
authorized official.'' However, we believe it is necessary for a 
veterinarian to certify the provisions of Sec. 94.21 have been met.
    Although we are adding a requirement that an authorized veterinary 
official of the Government of Argentina certify that fresh (chilled or 
frozen) beef exported to the United States is not from areas designated 
in Sec. 94.21(n), we recognize that SENASA responded immediately to the 
detection of the disease by imposing restrictions on the movement of 
animals from the affected areas and by initiating other measures to 
eradicate the disease. At the time of publication of this interim rule, 
it appears that the outbreak is well controlled. Because of SENASA's 
efforts to ensure that FMD does not spread beyond the previously 
affected areas, we intend to reassess the situation in accordance with 
the standards of the Office International des Epizooties (OIE). As part 
of that reassessment process, we will consider all comments received on 
this interim rule. This future reassessment will determine whether it 
is necessary to revise the areas designated in Sec. 94.21(n), and, 
additionally, whether it is necessary to continue requiring an 
authorized veterinary official of the Government of Argentina to 
certify that fresh (chilled or frozen) beef exported to the United 
States is not from areas designated in Sec. 94.21(n), or whether we can 
remove this additional certification requirement.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
introduction of FMD into the United States. Under these circumstances, 
the Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this rule effective less than 
30 days after publication in the Federal Register. We are making this 
action effective retroactively to July 15, 2000, because we believe 
that an effective date that is 1 week prior to the reported illegal 
importation of cattle will ensure that fresh (chilled or frozen) beef 
imported into the United States from Argentina is not from animals that 
were exposed to FMD. The effective date is necessary to prevent the 
introduction of FMD into the United States.
    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. This 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.
    We are amending the regulations governing the importation of fresh 
(chilled or frozen) beef from Argentina by adding a requirement that 
Argentina certify that the beef does not come from animals that have 
ever been in specified areas along Argentina's borders with Paraguay, 
Brazil, and Bolivia. We are taking this action as an emergency measure 
to protect the livestock of the United States from foot-and-mouth 
disease.
    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 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 July 15, 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--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: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 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 371.4.


    2. Section 94.21 is amended by revising paragraphs (a) and (l) and 
by adding a new paragraph (n) to read as follows:


Sec. 94.21  Restrictions on the importation of beef from Argentina.

* * * * *
    (a) The meat is beef from bovines that have been born, raised, and 
slaughtered in Argentina, but is not from any animal that has ever been 
in an area of Argentina listed in paragraph (n) of this section.
* * * * *
    (l) An authorized veterinary official of the Government of 
Argentina certifies on the foreign meat inspection certificate that all 
of the conditions in this section have been met.
* * * * *
    (n) Beef may not be imported under this section if it comes from an 
animal that has ever been in any of the following areas:
    (1) Province of Corrientes. (i) That northern portion of the 
Province bounded by a line drawn as follows: Beginning at the 
intersection of National Route 12 and the Corrientes/Misiones 
Provincial line; then west along National Route 12 to Provincial Route 
9; then northwest along Provincial Route 9 to the town of Paso de La 
Patria; then north to the Parana River and the international border 
with the Republic of Paraguay, then east along the international border 
with the Republic of Paraguay, including the Parana River, to the 
Itaembe stream; then south along the Itaembe stream and the Corrientes/
Misiones Provincial line to National Route 12; and
    (ii) That eastern portion of the Province bounded by a line drawn 
as follows: Beginning at the intersection of Provincial Route 94 and 
the Chirimai

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stream; then southwest along Provincial Route 94 to National Route 14 
at the town of Santo Tome; then southwest along National Route 14 to 
Provincial Route 47; then southwest along Provincial Route 47 to 
Provincial Route 129; then southwest along Provincial Route 129 to 
Provincial Route 33; then south along Provincial Route 33 to National 
Route 14; then south along National Route 14 to the town of Mocoreta; 
then southeast along the Riacho Mocoreta to the international border 
with the Republic of Brazil at the Uruguay River; then northeast along 
the international border with the Republic of Brazil and the Uruguay 
River to the Chirimai stream; then northwest along the Chirimai stream 
to Provincial Route 94.
    (2) Province of Misiones. That portion of the Province bounded by a 
line drawn as follows: Beginning at the intersection of National Route 
12 and the Itaembe Mini stream; then northeast along National Route 12 
to Provincial Route 101; then east along Provincial Route 101 to 
National Route 14; then south along National Route 14 to the Mandubi 
stream; then southwest along the Mandubi stream to the Toro stream; 
then southwest along the Toro stream to Provincial Route 22; then 
southwest along Provincial Route 22 to the Liso stream; then southwest 
along the Liso stream to the Yaboti Mini stream; then south along the 
Yaboti Mini stream to Provincial Coastal Route 2; then south along 
Provincial Coastal Route 2 to the Chimirai stream; then southeast along 
the Chimirai stream to the international border with the Republic of 
Brazil and the Uruguay River; then northeast and north along the 
international border with the Republic of Brazil, including the 
Uruguay, the Pepiri Guazu, San Antonio, and Iguazu Rivers, to the 
international border with the Republic of Paraguay and the Paraguay 
River; then south and southwest along the international border with the 
Republic of Paraguay and the Paraguay River to the Itaembe Mini stream 
and Corrientes/Misiones Provincial line; then south along the Itaembe 
Mini stream and Corrientes/Misiones Provincial line to National Route 
12.
    (3) Province of Chaco. That portion of the Department of Bermejo 
bounded by a line drawn as follows: Southern limit: Riacho Guaycuru 
from the outlet of Riacho Ancho to Provincial Route No. 1. Western 
limit: Route No. 1 from its intersection with Riacho Guaycuru to its 
intersection with Provincial Route No. 3. Eastern limit: Paraguay River 
from Puerto Bermejo to the outlet of Riacho Guaycuru and Riacho Ancho, 
including Cerrito Island. Northern limit: Provincial Route No. 3 from 
its intersection with Provincial Route No. 1 to the Paraguay River 
(Pueblo Viejo de Puerto Bermejo).
    (4) Province of Formosa. That portion of the Province bounded by a 
line drawn as follows: Beginning in the area where Provincial Route 9 
meets the Bermejo River west of Colonia Cano, at the point where the 
local road to Paraje San Antonio begins; then north along the local 
road to Paraje San Antonio, past Paraje San Antonio to the intersection 
of the local road and the Mbigua-Marove River; then north along the 
Mbigua-Marove River to the town of Payagua; then north along the 
Ramirez River to the Herradura Lake; then north along National Route 11 
to the City of Clorinda; then northwest along the Porteno River to its 
intersection with Provincial Route 86; then northwest along Provincial 
Route 86 to the town of El Solitario; then northwest along the edge of 
the La Estrella wetland to the Pantalon Complex canal and the Formosa/
Salta Provincial line; then north along the Formosa/Salta Provincial 
line to the international border with the Republic of Paraguay and the 
Pilcomayo River; then southeast and south along the international 
border with the Republic of Paraguay, including the Pilcomayo and 
Paraguay Rivers, to the Bermejo River; then northwest along the Bermejo 
River to the point of beginning on Provincial Route 9.
    (5) Province of Salta. That portion of the Province bounded by a 
line drawn as follows: Beginning at the intersection of the Formosa/
Salta Provincial line and Provincial Route 54; then west along 
Provincial Route 54 to National Route 34; then south along National 
Route 34 to Provincial Route 50; then northwest along Provincial Route 
50 to the Iruya River; then west and north along the Iruya River to 
Nazareno; then north along the local road from Nazareno to Provincial 
Route 7 in Santa Victoria Oeste; then west along Provincial Route 7; 
then west along Provincial Route 7 to the Salta/Jujuy Provincial 
border; then north along the Salta/Jujuy Provincial border to the 
international border with the Republic of Bolivia; then east along the 
international borders with the Republic of Bolivia (including the 
Bermejo, Grande de Tarija, and Itau Rivers) and the Republic of 
Paraguay (including the Pilcomaya River) to the Formosa/Salta 
Provincial line; then south along the Formosa/Salta Provincial line to 
Provincial Route 54.
    (6) Province of Jujuy. That portion of the Province bounded by a 
line drawn as follows: Beginning at the intersection of the Salta/Jujuy 
Provincial border and Provincial Route 5; then west along Provincial 
Route 5 to Santa Catalina and Provincial Route 65; then south along 
Provincial Route 65 to Timon Cruz; then west along the San Juan de Mayo 
River to the Granadas River; then southwest along the Granadas River to 
Pululos Lake; then west along a mountain road to Cajal Lake; then 
southwest from Cajal Lake to the Zapaleri River; then southwest along 
the Zapaleri River to the border of the Province of Jujuy and the 
Republic of Chile; then northwest along the border of the Province of 
Jujuy and the Republic of Chile to the international border with the 
Republic of Bolivia; then northeast, southeast, and east along the 
international border of Bolivia to the Salta/Jujuy Provincial border; 
then south along the Salta/Jujuy Provincial border to Provincial Route 
5.

    Done in Washington, DC, this 22nd day of December 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-33400 Filed 12-27-00; 10:55 am]
BILLING CODE 3410-34-P