[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Rules and Regulations]
[Pages 14825-14826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6403]



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  Federal Register / Vol. 66, No. 50 / Wednesday, March 14, 2001 / 
Rules and Regulations  

[[Page 14825]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-018-1]


Change in Disease Status of Great Britain and Northern Ireland 
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 Great 
Britain (England, Scotland, Wales, and the Isle of Man) and Northern 
Ireland 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 there. The 
effect of this action is to prohibit or restrict the importation of any 
ruminant or swine into any fresh (chilled or frozen) meat and other 
products of ruminants or swine into the United States from Great 
Britain or Northern Ireland.

DATES: This interim rule was effective on January 15, 2001. We invite 
you to comment on this docket. We will consider all comments that we 
receive by May 14, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-018-1, 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. 01-018-1.
    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, Assistant Director, 
Sanitary Trade Issues, 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) 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 that are 
subject to certain restrictions because of their proximity to or 
trading relationships with rinderpest- or FMD-affected regions.
    Prior to the effective date of this interim rule, Great Britain 
(England, Scotland, Wales, and Isle of Man) and Northern Ireland were 
listed in Secs. 94.1 and 94.11 as regions considered to be free of 
rinderpest and FMD. However, on February 19, 2001, a suspected outbreak 
of FMD was detected in Essex, England. On February 12, 2001, the Chief 
Veterinary Officer of United Kingdom's Ministry of Agriculture, 
Fisheries and Food (MAFF) notified us and the Office International des 
Epizooties (OIE) with clinical confirmation of the FMD diagnosis. 
Additional outbreaks of FMD have subsequently been confirmed elsewhere 
in Great Britain. On February 27, 2001, a suspected outbreak of FMD was 
detected in Meigh, County Armagh, Northern Ireland. Northern Ireland's 
Agriculture Minister reported clinical confirmation of the FMD 
diagnosis on March 1, 2001.
    MAAF and Northern Ireland's Department of Agriculture and Rural 
Development (NIDARD) are still investigating the virus' mode of 
introduction into the affected areas and are conducting extensive 
surveillance outside the quarantined areas to ensure that the disease 
is confined to those locations within the quarantined areas where the 
outbreaks are known to have occurred. Until the results of the 
epidemiological investigation and the surveillance activities are 
known, we believe that it is necessary to impose restrictions on all of 
Great Britain (England, Scotland, Wales, and Isle of Man) and Northern 
Ireland to protect the livestock of the United States from FMD.
    Therefore, we are amending the regulations in Sec. 94.1 by removing 
Great Britain (England, Scotland, Wales, and Isle of Man) and Northern 
Ireland from the list of regions that have been declared to be free of 
rinderpest and FMD. We are also removing Great Britain (England, 
Scotland, Wales, and Isle of Man) and Northern Ireland from the list in 
Sec. 94.11 of regions 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 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 Great Britain 
(England, Scotland, Wales, and Isle of Man) and Northern Ireland is 
prohibited or restricted. We are making these amendments effective 
retroactively to January 15, 2001, because the disease may have been 
present in the affected areas for some time before it was initially 
detected.
    Although we are removing Great Britain (England, Scotland, Wales, 
and Isle of Man) and Northern Ireland from the list of regions 
considered to be free

[[Page 14826]]

of rinderpest and FMD, we recognize the MAFF and NIDARD responded 
immediately to the detection of FMD 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. We 
intend to reassess this situation at a future date in accordance with 
the standard 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 Great Britain and Northern Ireland, or whether we can 
restore Great Britain and Northern Ireland to the list of regions in 
which FMD is not known to exist, or regionalize portions of Great 
Britain or Northern Ireland as FMD-free.

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 Great 
Britain (England, Scotland, Wales, and Isle of Man) and Northern 
Ireland 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 there. 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 Great Britain or Northern Ireland on or after 
January 15, 2001. 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 January 15, 2001; 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.


Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) is amended by removing the words 
``Great Britain (England, Scotland, Wales, and Isle of Man)'' and 
``Northern Ireland,''.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a) is amended by removing the words 
``Great Britain (England, Scotland, Wales, and Isle of Man)'' and 
``Northern Ireland,''.

    Done in Washington, DC, this 9th day of March 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-6403 Filed 3-13-01; 8:45 am]
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