[Federal Register Volume 66, Number 135 (Friday, July 13, 2001)]
[Rules and Regulations]
[Pages 36695-36697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17554]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 135 / Friday, July 13, 2001 / Rules 
and Regulations  

[[Page 36695]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-111-2]


Change in Disease Status of Uruguay Because of Foot-and-Mouth 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations governing the importation of 
certain animals, meat, and other animal products by removing Uruguay 
from the list of regions considered free of rinderpest and foot-and-
mouth disease. We are also removing Uruguay from the list 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 regions affected with rinderpest or foot-and-mouth 
disease. We are taking this action because the existence of foot-and-
mouth disease has been confirmed in 18 departments in Uruguay. 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 Uruguay.

DATES: This interim rule is effective retroactively to April 2, 2001. 
We invite you to comment on this docket. We will consider all comments 
that we receive by September 11, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to:
    Docket No. 00-111-2, 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. 00-111-2.
    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, Chief Staff 
Veterinarian, 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 are subject to 
certain restrictions because of their proximity to or trading 
relationships with rinderpest- or FMD-affected regions.
    On December 13, 2000, we published in the Federal Register an 
interim rule (65 FR 77771-77773, Docket No. 00-111-1) to remove the 
Uruguayan department of Artigas, a region in northern Uruguay, from the 
list of regions considered to be free of rinderpest and FMD because FMD 
had been confirmed there. Prior to the effective date of that interim 
rule, Uruguay was among the regions listed in Secs. 94.1 and 94.11 as 
regions considered to be free of rinderpest and FMD.
    On April 25, 2001, FMD was confirmed in the Uruguayan department of 
Soriano. Subsequently, on May 3, 2001, Uruguay's Ministry of Livestock, 
Agriculture and Fisheries notified the U.S. Department of Agriculture 
and the Office International des Epizooties (OIE) with clinical 
confirmation of 123 new cases of FMD. The new outbreaks of FMD were 
confirmed in the departments of Artigas, Canelones, Colonia, Durazno, 
Flores, Florida, Paysandu, Rio Negro, Rivera, Salto, San Jose, Soriano, 
and Treinta y Tres. As of June 22, 2001, there were 1,596 confirmed 
cases of FMD in the departments of Artigas, Canelones, Cerro Largo, 
Colonia, Durazno, Flores, Florida, Lavalleja, Maldonado, Paysandu, Rio 
Negro, Rivera, Rocha, Salto, San Jose, Soriano, Tacuarembo, and Treinta 
y Tres.
    Uruguay maintains a surveillance system capable of detecting FMD 
should the disease be introduced to other regions of the country, and 
has the laws, policies, and infrastructure to detect and respond to any 
occurrence of FMD. Uruguay is taking the following control measures: 
(1) The movement of all animals, including non-susceptible species, is 
prohibited; (2) a total of 5,295 cattle, 1,481 sheep, and 332 pigs were 
slaughtered and their carcasses destroyed before stamping out was 
suspended on April 30, 2001; (3) an emergency ring vaccination campaign 
began on April 28, 2001. A containment zone was established, with 
strategic vaccination of 842,000 cattle in the departments of San Jose, 
Flores, Duranzo, Tacuarembo, Rio Negro, Paysandu, and Salto; (4) in 
addition to sanitary measures being applied within the outbreak areas, 
fixed control and disinfection posts have been strategically placed on 
the main access routes to the affected areas; and (5) sanitary 
certificates are being issued for the export of animal products that do 
not present any risk.
    We believe it is necessary, given the spread of FMD outside the 
department of Artigas, to impose restrictions on all of Uruguay to 
protect the livestock of the United States from FMD. Therefore,

[[Page 36696]]

we are amending the regulations in Sec. 94.1 by removing Uruguay from 
the list of regions considered to be free of rinderpest and FMD. We are 
also removing Uruguay from the list in Sec. 94.11 of regions 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 Uruguay is prohibited or restricted. We are 
making these amendments effective retroactively to April 2, 2001, 
because the disease may have been present in the affected areas outside 
of the department of Artigas for some time before it was detected in 
the department of Soriano on April 25, 2001.
    Although we are removing Uruguay from the list of regions 
considered to be free of rinderpest and FMD, we recognize that 
Uruguay's Ministry of Livestock, Agriculture and Fisheries 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. 
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 
Uruguay, or whether we can restore all or portions of Uruguay 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 Uruguay 
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 18 departments in Uruguay. 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 Uruguay.
    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, and New Zealand, 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 and swine and of 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 Uruguay represents a small percentage of total U.S. imports of 
these products. 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.
    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 April 2, 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:


[[Page 36697]]


    Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 
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 adding the word 
``and'' after the word ``Tobago,'' and by removing the words ``, and 
Uruguay except the department of Artigas''.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a) is amended by adding the word 
``and'' after the word ``Sweden,'' and by removing the words ``and 
Uruguay except the department of Artigas,''.

    Done in Washington, DC, this 9th day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17554 Filed 7-12-01; 8:45 am]
BILLING CODE 3410-34-P