[Federal Register Volume 67, Number 4 (Monday, January 7, 2002)]
[Rules and Regulations]
[Pages 649-651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-262]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-010-2]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations governing the importation of 
certain animals, meat, and other animal products by adding 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 adding 
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 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 meat and meat products imported into the United States 
from Japan.

EFFECTIVE DATE: January 7, 2002.

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 is considered to exist 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.
    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. This action was necessary because FMD had been 
confirmed in Japan. (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.
    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.
    On September 4, 2001, we published in the Federal Register (66 FR 
46228-46230, Docket No. 01-010-1) a proposal to amend the regulations 
by adding Japan to the list in Sec. 94.1(a) of regions that are 
considered free of rinderpest and FMD. In that document, we also 
proposed 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.

[[Page 650]]

    We solicited comments concerning our proposal for 60 days ending 
November 5, 2001. We received one comment by that date, from an 
organization representing American cattle producers. The commenter 
opposed the designation of Japan as free of FMD, arguing that 
insufficient time had passed since Japan's most recent reported case of 
FMD in May 2000 for the U.S. Department of Agriculture (USDA) to 
confirm eradication of the disease. The commenter recommended a 4- to 
5-year disease-free waiting period from the time of the most recent 
recorded case of FMD to the designation of a country as FMD-free, 
during which time the importation into the United States of any 
animals, cut products, and byproducts from that country would be 
banned. Noting that the FMD virus can persist in the oropharynx of 
cattle for up to 30 months and can be preserved by refrigeration or 
freezing, the commenter argued that the 4- to 5-year time frame would 
provide a reasonable period within which the risk of FMD re-infection 
would be sufficiently diminished. The commenter also discussed the need 
for a comprehensive on-site review of the health of the livestock herds 
in the infected country by qualified U.S. animal health experts.
    We continue to believe that designation of Japan as FMD-free is 
justified. International disease standards set by the Office 
International des Epizooties allow a country that was previously free 
of FMD but that subsequently suffered an occurrence to regain its FMD-
free status 3 months after the last recorded case. Japan depopulated 
its last FMD-affected premises on May 15, 2000. While the virus can 
persist, surveillance conducted by Japanese authorities, which included 
serological testing and clinical assessment, did not reveal any carrier 
animals. In addition, the USDA did conduct an on-site visit to Japan in 
January 2001 and concluded that the depopulation and surveillance 
measures taken by Japanese authorities have ensured the eradication of 
FMD in Japan.
    The commenter also stated that an outbreak of either FMD or bovine 
spongiform encephalopathy (BSE) in a country should be grounds to 
preclude disease-free certification for both of these diseases. 
According to the commenter, outbreaks of either of these diseases 
indicate a failure on the part of the affected country to take adequate 
precautionary measures to protect the health of its livestock. 
Therefore, the commenter contended that the confirmation of BSE in 
Japan on September 22, 2001, should preclude recognition of that 
country as FMD-free.
    We are making no changes based on this comment. When a country 
first applies to the Animal and Plant Health Inspection Service (APHIS) 
to be recognized as free of a specific disease of concern, APHIS 
conducts an evaluation and considers a number of factors affecting the 
reliability of that country's animal disease prevention efforts. The 
factors considered include, but are not limited to, the disease history 
of the country; the authority, organization, and infrastructure of the 
veterinary services programs in the country; the extent to which 
movement of animals and animal products is controlled from regions of 
higher disease risk; the type and extent of disease surveillance in the 
country; and the policies and infrastructure for animal disease control 
in the country i.e., emergency response.
    APHIS will recognize a country free of a specific disease only 
after it has determined that the factors listed above indicate an 
acceptable level of animal biosecurity in that country. As standard 
procedure, this determination is made only after APHIS representatives 
have conducted a site visit of the country in question. Based on the 
factors listed above, APHIS has determined that it is appropriate to 
consider Japan free of FMD.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule restores 
Japan to the list of regions considered free of FMD. Immediate action 
is necessary to remove restrictions on the importation of animals, 
meat, and other animal products that are no longer necessary. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service has determined that this rule should be effective upon 
publication in the Federal Register.

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 under 
Executive Order 12866.
    We are amending 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 adding 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 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 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 are declaring Japan to be free of FMD but subject to the 
restrictions of Sec. 94.11 due to its trading

[[Page 651]]

relationships with rinderpest- or FMD-affected regions, this rule will 
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 rule will not have a noticeable effect on producer, wholesale, or 
consumer prices in the United States. Therefore, we expect that there 
will be very little or no effect on U.S. entities, large or small, as a 
result of this rule.
    Under these circumstances, the Administrator of the Animal and 
Plant HealthInspection Service has determined that this action will not 
have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final 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 no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final 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: 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, in 
alphabetical order, the word ``Japan,''.


Sec. 94.11  [Amended]

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

    Done in Washington, DC, this 27th day of December, 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-262 Filed 1-4-02; 8:45 am]
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