[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Rules and Regulations]
[Pages 8181-8182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4261]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-094-2]


Change in Disease Status of Japan Because of BSE

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations by adding Japan to the list of 
regions where bovine spongiform encephalopathy exists because the 
disease had been detected in a native-born animal in that region. The 
effect of the interim rule was a restriction on the importation of 
ruminants that have been in Japan and meat, meat products, and certain 
other products of ruminants that have been in Japan. The interim rule 
was necessary in order to help prevent the introduction of bovine 
spongiform encephalopathy into the United States.

EFFECTIVE DATE: The interim rule became effective on September 10, 
2001.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, Sanitary Issues 
Management Staff, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective September 10, 2001, and published in 
the Federal Register on October 16, 2001 (66 FR 52483-52484, Docket No. 
01-094-1), we amended the regulations by adding Japan to the list in 
Sec. 94.18(a)(1) of regions where bovine spongiform encephalopathy(BSE) 
is known to exist. Due to the detection of BSE in a native-born animal 
in that region, the interim rule was necessary to help prevent the 
introduction of BSE into the United States.
    Comments on the interim rule were required to be received by 
December 17, 2001. We did not receive any comments. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866 and 12988 and the Paperwork 
Reduction Act. Further, for this action, the Office of Management and 
Budget has waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
adding Japan to the list of regions where BSE exists because the 
disease had been detected in a native-born animal in that region. The 
effect of the interim rule was a restriction on the importation of 
ruminants that have been in Japan and meat, meat products, and certain 
other products of ruminants that have been in Japan. The interim rule 
was necessary to help prevent the introduction of BSE into the United 
States.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    The interim rule is expected to have an insignificant impact on 
U.S. entities because ruminants and ruminant products are either not 
imported from Japan or imported in very small amounts, as shown in 
table 1. The only category of commodities that Japan has been supplying 
in greater-than-negligible amounts is animal feed preparations other 
than dog and cat food (Harmonized Tariff Schedule 230990). For this 
category, Japan supplied about 5 percent of imports, by value, over the 
3-year period 1998-2000. However, this level is not significant, 
particularly when considered in terms of the value of U.S. domestic 
shipments of animal feed preparations other than dog and cat food.

          Table 1.--The Value of U.S. Imports of Ruminants and Ruminant Products From Japan, 1998-2000
----------------------------------------------------------------------------------------------------------------
                                                                   Imports from
                                                                       Japan       Total imports    Percentage
                                                                     (million        (million       from Japan
                                                                     dollars)        dollars)
----------------------------------------------------------------------------------------------------------------
Live ruminants:
    Bovine......................................................                          $3,312            0
    Sheep and goats.............................................                              17            0
Meat and meat byproducts:
    Beef fresh/chilled..........................................          $2.000           2,760            0.07
    Beef frozen.................................................                           2,977            0
    Sheep or goat meat..........................................                             575            0
    Edible animal offal.........................................                             251            0
    Salted or dried bovine meat.................................                               9            0
    Other of animal origin......................................           1.000             224            0.45
    Sausage and similar prepared meat...........................                              56            0
    Other bovine meat...........................................           0.006             651            0.01
    Animal feed: dogs and cats..................................           0.074             413            0.02
    Animal feed: other..........................................          36.000             681            5.29
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Source: U.S. Bureau of the Census, as reported in the World Trade Atlas.

    The average annual value of imports of ruminants and ruminant 
products from Japan between 1998 and 2000 was approximately $12 
million. This amount is less than 0.1 percent of $19.17 billion, the 
value of U.S. shipments of animal feed preparations other than dog and 
cat food in 1997 (the year of the last economic census conducted by the 
Bureau of the Census).
    The Regulatory Flexibility Act requires that agencies consider the 
effects of their rules on small entities. An industry that could be 
affected by the interim rule is Other Animal Food Manufacturing (NAICS 
code 311119), for which the small entity criterion is 500 or fewer 
employees. The 1997 Economic Census reports that all of the 1,514 Other 
Animal Food Manufacturing establishments had 500 or fewer employees. 
However, the relatively small quantity of animal feed preparations 
other than dog and cat food

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imported from Japan would suggest that the number of these 
establishments affected would not be substantial, and those that are 
would not be affected significantly.
    The interim rule's restrictions on the importation of ruminants and 
ruminant products and byproducts from Japan due to BSE are expected to 
have an insignificant effect on small entities. The only category of 
prohibited products for which Japan has a history of export to the 
United States of greater-than-negligible value is animal feed 
preparations other than dog and cat food. However, imports of these 
products from Japan comprise less than 0.1 percent of U.S. domestic 
shipments.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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.

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, ANDBOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTEDIMPORTATIONS

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 94 and that was published at 66 FR 
52483-52484 on October 16, 2001.

    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.

    Done in Washington, DC, this 19th day of February 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-4261 Filed 2-21-02; 8:45 am]
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