[Federal Register Volume 66, Number 171 (Tuesday, September 4, 2001)]
[Proposed Rules]
[Pages 46228-46230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22134]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 66, No. 171 / Tuesday, September 4, 2001 / 
Proposed Rules  

[[Page 46228]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-010-1]


Change in Disease Status of Japan With Regard to Foot-and-Mouth 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to add Japan to the 
list of regions that are considered free of rinderpest and foot-and-
mouth disease. We are taking this action because we have determined 
that Japan is now free of foot-and-mouth disease. We are also proposing 
to add Japan to the list of regions that are subject to certain 
restrictions because of their proximity to or trading relationships 
with rinderpest- or foot-and-mouth disease-affected countries. These 
actions would update the disease status of Japan with regard to foot-
and-mouth disease while continuing to protect the United States from an 
introduction of rinderpest and foot-and-mouth disease by providing 
additional requirements for any meat and meat products imported into 
the United States from Japan.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by November 5, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-010-1, 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. 01-010-1.
    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, Chief Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3276.

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 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 parts of the world not listed. 
Section 94.11 of the regulations lists regions of the world that have 
been determined to be 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.
    On March 8, 2000, a suspected outbreak of FMD was detected in 
Japan, and on March 27, 2000, Japan's Ministry of Agriculture notified 
us with confirmation of the FMD diagnosis. In an interim rule effective 
on March 8, 2000, and affirmed on July 14, 2000, we amended the 
regulations in Sec. 94.1(a)(2) by removing Japan from the list of 
regions that have been declared free of rinderpest and FMD. (Although 
Japan continues to be free of rinderpest, Sec. 94.1(a)(2) lists regions 
that are declared free of both rinderpest and FMD.) Additionally, in 
that interim rule, we removed Japan from the list in Sec. 94.11 of 
countries that are declared to be free of these diseases, but that are 
still subject to certain restrictions because of their proximity to or 
trading relationships with rinderpest- or FMD-affected regions. As a 
result of that action, the importation into the United States of any 
ruminant or swine or any fresh (chilled or frozen) meat of any ruminant 
or swine that left Japan on or after March 8, 2000, was prohibited or 
restricted.
    Prior to the March 2000 outbreak of FMD, Japan had not had a case 
of FMD since the early 1900's. In response to the March 2000 outbreak 
of FMD, Japan undertook intensive efforts to eradicate the disease. 
Japan's last FMD-affected premises was depopulated on May 15, 2000. 
According to international disease standards set by the Office 
International des Epizooties, when FMD occurs in a country that was 
previously free of the disease, that country can regain its FMD-free 
status 3 months after the last case.
    Therefore, because at least 3 months have elapsed since Japan's 
last FMD case, we have determined that Japan meets our requirements for 
being recognized as free of FMD. To update Japan's disease status 
regarding FMD, we are proposing to add Japan to the list in 
Sec. 94.1(a)(2) of regions that are considered free of rinderpest and 
FMD.
    This proposed action would relieve certain restrictions due to FMD 
and rinderpest on the importation into the United States of certain 
live animals and animal products from Japan. However, because Japan has 
certain trade practices regarding animals and animal products that are 
less restrictive than are acceptable for importation into the United 
States, the importation of meat and other products from ruminants and 
swine into the United States from Japan would continue to be subject to 
certain restrictions.
    Specifically, we are proposing to add Japan to the list in 
Sec. 94.11(a) of regions declared free of rinderpest and FMD but that 
are subject to special restrictions on the importation of their meat 
and other animal products into the United States. The regions listed in 
Sec. 94.11(a) are subject to these special restrictions because they: 
(1) Supplement their national meat supply by importing fresh (chilled 
or frozen) meat of ruminants or

[[Page 46229]]

swine from regions that are designated in Sec. 94.1(a) as regions where 
rinderpest or FMD exists, (2) have a common land border with regions 
where rinderpest or FMD exists, or (3) import ruminants or swine from 
regions where rinderpest or FMD exists under conditions less 
restrictive than would be acceptable for importation into the United 
States.
    Japan imports live ruminants and swine from regions not recognized 
as free of rinderpest or FMD under conditions less restrictive than 
would be acceptable for importation into the United States. As a 
result, there is some risk that the meat and other animal products 
produced by Japan could be commingled with the fresh (chilled or 
frozen) meat of animals from a region in which rinderpest and FMD exist 
and present an undue risk of introducing rinderpest or FMD into the 
United States if imported without restriction.
    Under Sec. 94.11, meat and other animal products of ruminants and 
swine, including ship stores, airplane meals, and baggage containing 
these meat or animal products, may not be imported into the United 
States except in accordance with Sec. 94.11 and the applicable 
requirements of the USDA's Food Safety and Inspection Service at 9 CFR 
chapter III.
    Section 94.11 generally requires that the meat and other animal 
products of ruminants and swine be: (1) Prepared in an inspected 
establishment that is eligible to have its products imported into the 
United States under the Federal Meat Inspection Act; and (2) 
accompanied by an additional certificate, issued by a full-time 
salaried veterinary official of the national government of the 
exporting region, assuring that the meat or other animal products have 
not been commingled with or exposed to meat or other animal products 
originating in, imported from, transported through, or that have 
otherwise been in a region where rinderpest or FMD exists.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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 proposing to amend the regulations to add Japan to the list 
of regions that are considered free of rinderpest and FMD. We are 
taking this action because we have determined that Japan is now free of 
FMD. We are also proposing to add Japan to the list of regions that are 
subject to certain restrictions because of their proximity to or 
trading relationships with rinderpest- or FMD-affected countries. These 
actions would update the disease status of Japan with regard to FMD 
while continuing to protect the United States from an introduction of 
rinderpest and FMD by providing additional requirements for any meat 
and meat products imported into the United States from Japan.
    The following analysis addresses the economic effect of this 
proposed rule on small entities, as required by the Regulatory 
Flexibility Act.
    The livestock industry plays a significant role in the U.S. 
economy. According to the National Agricultural Statistics Service, in 
2000, the total number of cattle and calves in the United States was 
approximately 98.05 million, valued at approximately $67.01 billion. 
U.S. operations with cattle numbered 1,115,650 in 1997, the last year 
for which census data are available. More than 99 percent of these 
cattle operations had gross receipts of less than $750,000, which 
qualifies them as small entities according to the standards set by the 
Small Business Administration.
    The U.S. livestock industry also plays an important role in 
international trade. U.S. competitiveness in international markets 
relies significantly 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 for livestock and livestock products 
overnight. Most exports of meat, animals, and animal byproducts would 
be stopped until the disease was completely eradicated.
    In 1999, the total earnings from U.S. exports of live cattle, 
swine, beef and veal, pork, and dairy products to the rest of the world 
were approximately $4.80 billion. Additionally, the export of other 
animals and animal products and byproducts generated approximately 
$5.64 billion in sales for the United States. 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.
    Because we would declare Japan to be free of FMD but subject to the 
restrictions of Sec. 94.11 due to its trading relationships with 
rinderpest- or FMD-affected regions, this proposed rule would produce 
economic benefits by continuing to protect against the introduction of 
rinderpest and FMD into the United States. Import values of dairy 
products, red meat, and red meat products represented less than 0.01 
percent of the overall value of U.S. imports from Japan in 1999. Since 
Japan is not a significant source, and is not expected to become a 
significant source, of these products for the U.S. market, this 
proposed rule, if adopted, would not have a noticeable effect on 
producer, wholesale, or consumer prices in the United States. 
Therefore, we expect that there would be very little or no effect on 
U.S. entities, large or small, as a result of this proposed rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed 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 proposing to amend 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 would continue to read as 
follows:

    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) would be amended by adding, in 
alphabetical order, the word ``Japan,''.

[[Page 46230]]

Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a), the first sentence would be 
amended by adding, in alphabetical order, the word ``Japan,''.

    Done in Washington, DC, this 28th day of August 2001.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-22134 Filed 8-31-01; 8:45 am]
BILLING CODE 3410-34-U