[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9641-9643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2166]



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  Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules 
and Regulations  

[[Page 9641]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-122-1]


Change in Disease Status of the Republic of South Africa Because 
of 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 the 
Republic of South Africa from the list of regions considered to be free 
of rinderpest and foot-and-mouth disease. We are taking this action 
because the existence of foot-and-mouth disease has been confirmed in 
two provinces in the Republic of South Africa. The effect of this 
action is to prohibit or restrict 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 the Republic of South 
Africa.

DATES: This interim rule was effective on November 6, 2000. We invite 
you to comment on this docket. We will consider all comments that we 
receive by April 10, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-122-1, 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. 00-122-1.
    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. Glen Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services Team, 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) govern the importation of specified 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 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 
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 declared free of rinderpest and FMD, but are subject to 
certain restrictions because of their proximity to or trading 
relationships with rinderpest- or FMD-affected regions.
    On November 2, 2000, we published in the Federal Register an 
interim rule (65 FR 65728-65729, Docket No. 00-104-1) to remove 
KwaZulu-Natal, a province in the Republic of South Africa, from the 
list of regions considered to be free of rinderpest and FMD because FMD 
had been confirmed there. Prior to the publication of that interim 
rule, the Republic of South Africa, except the FMD-controlled area that 
includes Kruger National Park, was among the regions listed in 
Secs. 94.1 and 94.11 as regions considered to be free of rinderpest and 
FMD.
    On November 29, 2000, another suspected outbreak of FMD was 
detected in the Republic of South Africa, this time in the province of 
Mpumalanga. Subsequently, on November 30, 2000, the Republic of South 
Africa's National Department of Agriculture notified the U.S. 
Department of Agriculture and the Office International des Epizooties 
(OIE) with clinical confirmation of the FMD diagnosis.
    The FMD outbreak in the province of Mpumalanga is unrelated to the 
previous outbreak in the province of KwaZulu-Natal and, as noted above, 
is the second introduction of the virus into South Africa in 3 months. 
The Republic of South Africa's National Department of Agriculture is 
still investigating the virus' mode of introduction into the FMD-free 
area and is conducting extensive serological surveillance outside the 
quarantined area to ensure that the disease is confined to the outbreak 
farm. Until the results of the epidemiological investigation and the 
surveillance program are known, we believe that it is necessary to 
impose restrictions on the entire Republic of South Africa to protect 
the livestock of the United States from FMD.
    Therefore, we are amending the regulations in Sec. 94.1 by removing 
the Republic of South Africa from the list of regions considered to be 
free of rinderpest and FMD. We are also removing the Republic of South 
Africa from the list of regions in Sec. 94.11 that are considered to be 
free of these diseases, but are subject to certain restrictions because 
of their proximity to or trading relationships with rinderpest-or FMD-
affected regions. As a result of this action, the importation into the 
United States of any ruminant or swine and any fresh (chilled or 
frozen) meat and other products of ruminants and swine from any part of 
the Republic of South Africa is prohibited or restricted. We are making 
these amendments effective retroactively to November 6, 2000, because 
the disease may have been present in the province of Mpumalanga for 
some time before it was detected on November 29, 2000.
    Although we are removing the Republic of South Africa from the list 
of regions considered to be free of rinderpest and FMD because of two

[[Page 9642]]

separate outbreaks of FMD within a short period, we recognize that the 
Republic of South Africa's National Department of Agriculture responded 
immediately to the detection of the disease by imposing restrictions on 
the movement of ruminants, swine, and ruminant and swine products from 
the affected areas and by initiating measures to eradicate the disease. 
At the time of publication of this interim rule, it appears that the 
outbreak is well controlled and currently confined to one farm only. 
Because of the Republic of South Africa's National Department of 
Agriculture's efforts to ensure that FMD does not spread beyond the 
previously affected province of KwaZulu-Natal and the newly affected 
area in the province of Mpumalanga, we intend to reassess the situation 
in accordance with the standards of the OIE. As part of that 
reassessment process, we will consider all comments received on this 
interim rule. This future reassessment will enable us to determine 
whether it is necessary to continue to prohibit or restrict the 
importation of ruminants or swine and any fresh (chilled or frozen) 
meat and other products of ruminants or swine from the Republic of 
South Africa, or whether we can restore portions of the Republic of 
South Africa to the list of regions considered free of rinderpest and 
FMD.

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 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.
    We are amending the regulations governing the importation of 
certain animals, meat, and other animal products by removing the 
Republic of South Africa from the list of regions considered to be free 
of rinderpest and FMD. We are taking this action because the existence 
of FMD has been confirmed in two provinces in the Republic of South 
Africa. The effect of this action is to prohibit or restrict 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 the Republic of South Africa.
    FMD is among the most infectious and destructive of all animal 
diseases. While it rarely kills adult animals, the virus may kill young 
and weak animals. Production losses are substantial, and costs to 
eradicate the disease are high. A single outbreak of FMD in the United 
States has the potential to close our major livestock export markets 
overnight. During the eradication process, most exports of meat, 
animals, and animal byproducts would be curtailed. Additionally, if the 
early signs of an outbreak were not immediately recognized, eradication 
could take years. Therefore, efforts to reduce the risk of the entry of 
FMD into the United States continue to be a high priority.
    Imports of infected animal products pose the greatest risk of entry 
for FMD into the United States. The virus can survive in chilled, 
frozen, salted, cured, and partially cooked meats.
    Additionally, the virus can also be present in cheese, since the 
pasteurization process does not completely kill the virus. Strict 
quarantine regulations minimize the risk of any infected products 
entering the United States. With the exception of North and Central 
America (north of Panama), Australia, New Zealand, Great Britain, and 
the majority of the European Union (EU) countries, FMD is still present 
in many areas of the world. FMD was last reported in the United States 
in 1929, in Canada in 1952, and in Mexico in 1954.
    The United States livestock industry plays a significant role in 
international trade. Maintaining favorable trade conditions depends, in 
part, on continued aggressive efforts to prevent the entry of FMD into 
the United States. In 1999, the total earnings from exports of live 
cattle, swine, beef and veal, pork, and dairy products were 
approximately $4.818 billion, while the value of imports was $5.671 
billion. Livestock and related product exports generated about $11.7 
billion in output sales and created about 100,000 jobs in the United 
States.
    However, the value of live animals and animal products imported 
from the Republic of South Africa represents less than 0.06 percent of 
total U.S. imports of these products.\1\ Therefore, U.S. price and 
supply are not expected to be affected by this rule. Further, any 
shortfall of supply could easily be met from domestic or other sources, 
without any significant effect on producer or consumer prices. 
Therefore, this rule can be expected to produce economic benefits by 
minimizing the risk of FMD entering the United States with little to no 
effect on supply or consumer prices.
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    \1\ In 1999, the total value of U.S. agricultural exports to the 
Republic of South Africa was about $196 million. The total value of 
U.S. agricultural imports from South Africa in 1999 was $106 
million.
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    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 retroactive 
effect to November 6, 2000; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This rule contains no new 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.

[[Page 9643]]

Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) is amended by removing the words 
``Republic of South Africa except the province of KwaZulu-Natal and 
except the foot-and-mouth disease controlled area (which extends from 
the Republic of South Africa's border with Mozambique approximately 30 
to 90 kilometers into the Republic of South Africa to include Kruger 
National Park and surveillance and control zones around the park, and 
elsewhere extends, from east to west, approximately 10 to 20 kilometers 
into the Republic of South Africa along its borders with Mozambique, 
Swaziland, Zimbabwe, Botswana, and the southeast part of the border 
with Namibia),''.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a) is amended by removing the words 
``Republic of South Africa except the province of KwaZulu-Natal and 
except the foot-and-mouth disease controlled area (which extends from 
the Republic of South Africa's border with Mozambique approximately 30 
to 90 kilometers into the Republic of South Africa to include Kruger 
National Park and surveillance and control zones around the park, and 
elsewhere extends, from east to west, approximately 10 to 20 kilometers 
into the Republic of South Africa along its borders with Mozambique, 
Swaziland, Zimbabwe, Botswana, and the southeast part of the border 
with Namibia),''.

    Done in Washington, DC, this 18th day of January 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-2166 Filed 2-8-01; 8:45 am]
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