[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Rules and Regulations]
[Pages 31935-31938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11896]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-037-1]


Importation of Used Farm Equipment From Regions Affected With 
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 concerning foot-and-mouth 
disease to prohibit the importation of used farm equipment from regions 
affected with foot-and-mouth disease unless the equipment has been 
steam-cleaned prior to export to the United States so that it is free 
of exposed dirt and other particulate matter. We are also providing 
that cleaned equipment that arrives at the port of arrival with a 
minimal amount of exposed dirt may, under certain conditions, be 
cleaned at the port of arrival. This action is necessary to help 
prevent the introduction of foot-and-mouth disease into the United 
States.

DATES: This interim rule is effective retroactively to March 31, 2001. 
We will consider all comments that are postmarked, delivered, or e-
mailed by July 12, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-037-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-037-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body

[[Page 31936]]

of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 01-037-1'' on the subject 
line.
    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 dockets 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. Karen James-Preston, Assistant 
Director, Technical Trade Services Team, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; 
(301) 734-8364.

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 foot-and-mouth disease (FMD). FMD is 
a highly communicable viral disease, not found in the United States 
since 1929, that affects all cloven-hoofed ruminants, especially cattle 
and swine. The disease is highly communicable and is characterized by 
fever and blisterlike lesions on the tongue and lips, in the mouth, on 
the teats, and between the hooves. It causes severe losses in 
production of meat, milk, and other dairy products. Although many 
affected animals survive the disease, it leaves them debilitated. 
Because of the highly communicable nature of FMD, it is necessary to 
protect livestock that are free of the disease from any animals, animal 
products, or other articles that might be contaminated with the FMD 
virus.
    Section 94.1(a) of the regulations lists regions of the world that 
are declared free of rinderpest (another highly communicable serious 
disease) or free of both FMD and rinderpest. FMD or rinderpest exists 
in all regions of the world not listed. The provisions of Sec. 94.1(b) 
of the regulations prohibit, except for very limited exceptions, the 
importation into the United States of any ruminant or swine or any 
fresh (chilled or frozen) meat of any ruminant or swine that originates 
in any region in which FMD or rinderpest exists, or that enters a port 
that is located in or otherwise transits a region in which FMD or 
rinderpest exists.
    Among the articles that could harbor the FMD virus is farm 
equipment that has been used on a premises containing infected animals 
and that has not been cleaned free of soil or other particulate matter 
from that premises.
    In the past, such equipment that was imported into the United 
States from a region in which FMD exists has not been allowed entry 
into the United States without being first cleaned of dirt or other 
potentially contaminated matter at the port of arrival.
    Although such cleaning has been effective to date in ensuring that 
FMD-contaminated equipment does not come into contact with U.S. 
livestock, it presents logistical problems that we have determined make 
it necessary to review such a practice. Many U.S. ports do not have 
facilities that allow large mechanized equipment to be cleaned in a way 
that ensures that soil and other particulate matter has been removed. 
Additionally, some ports are not constructed to allow for secure 
disposal of waste water and other cleaning materials.
    Because of the recent increase in outbreaks of FMD in different 
parts of the world, we now consider it necessary to prohibit the 
importation of all used farm equipment into the United States from 
regions in which FMD exists unless the equipment meets the following 
conditions: (1) It has first been steam-cleaned free of exposed soil 
and other particulate matter in the exporting region; and (2) it is 
accompanied by an original certificate signed by an authorized official 
of the national animal health service of the region of origin stating 
that such cleaning has been done. Once the equipment arrives at the 
port of arrival, it must be inspected by an inspector of the Animal and 
Plant Health Inspection Service (APHIS) to confirm that it has been 
cleaned free of exposed soil and other particulate matter, or that the 
amount of any exposed soil and other particulate matter is so minimal 
that it can be safely removed at the port of arrival. We are adding 
these requirements to the regulations at a new Sec. 94.1(c) and are 
redesignating the existing Sec. 94.1(c) as Sec. 94.1(d).

    (Please note: The provisions we are adding at new Sec. 94.1(c) 
refer to used farm equipment exported from regions listed in 
Sec. 94.1(a) as those in which FMD or rinderpest exists. Although 
our concern in this interim rule involves regions in which FMD 
exists, not regions in which rinderpest exists, all the regions 
currently listed as those in which FMD or rinderpest exists are 
currently affected with FMD. Therefore, we are using the list in 
Sec. 94.1(a) with regard to used farm equipment and FMD. If it 
should happen that a region becomes affected with rinderpest but not 
FMD, we will provide in the regulations that the restrictions on 
farm equipment do not apply to that region.)

    We consider it necessary to require certification from the 
exporting region that such cleaning has been done, even though 
inspection will also be conducted in the United States, in order for 
APHIS to make the best use of its personnel resources. If used farm 
equipment arrives at a U.S. port without an original certificate signed 
by an authorized official of the national animal health service of the 
region of origin, APHIS inspectors will not inspect the equipment and 
will simply not allow it to be entered into the United States. If 
equipment arrives at a U.S. port with the required certification from 
the exporting region, but is found upon APHIS inspection to contain 
exposed soil or other particulate matter, it will also be refused 
entry, unless, in the judgment of the APHIS inspector, the amount of 
exposed soil is minimal enough to allow cleaning at the port of 
arrival, and there are adequate facilities and personnel at the port to 
conduct such cleaning without risk of spreading disease. Whether such 
cleaning can be carried out at the port of arrival will be determined 
by factors such as, but not limited to, the availability of space, 
cleaning equipment, and personnel, and the presence of adequate 
drainage and other means of ensuring that any material potentially 
contaminated with the FMD virus is safely disposed of.

What Constitutes Farm Equipment?

    We are adding to Sec. 94.0 of the regulations a definition of farm 
equipment to mean ``equipment used in the production of livestock or 
crops, including, but not limited to, mowers, harvesters, loaders, 
slaughter machinery, agricultural tractors, farm engines, farm 
trailers, farm carts, and farm wagons, but excluding automobiles and 
trucks.'' We are excluding automobiles and trucks from the definition 
of farm equipment because those vehicles are constructed in such a way 
that APHIS inspectors at the port of arrival can adequately clean them 
if necessary. The other types of equipment used on farms are more 
likely to contain parts and crevices from which soil and other 
particulate matter are not easily removed.

[[Page 31937]]

How Will We Determine Farm Equipment Has Been Used?

    Whether farm equipment is considered used will be determined at the 
time of inspection at the port of arrival, and will be based on its 
physical appearance, its description in the equipment's carrier 
manifest, and any accompanying trade documentation, including, but not 
limited to, Customs entries, container markings, certificates, and 
commercial invoices.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
importation into the United States of dirty equipment that has been 
used on farms that may be affected with FMD. Because of the highly 
transmissible nature of the disease, such equipment poses an 
unacceptable risk of introducing the FMD virus into the United States. 
We are making this action effective retroactively to March 31, 2001, 
which is the date APHIS made effective a policy stating it had stopped 
issuing import permits for, and would prohibit the importation of, the 
materials covered by this interim rule. This effective date is 
necessary to ensure that articles contaminated with the FMD agent are 
not imported 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 we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. That 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. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    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 March 31, 2001; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0195 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 01-037-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 01-037-1 and send your 
comments within 60 days of publication of this rule.
    This interim rule establishes regulations prohibiting the 
importation into the United States of used farm equipment from regions 
affected with FMD unless the equipment is accompanied by an original 
certificate, signed by an authorized official of the national animal 
health services of the exporting region, stating that the equipment has 
been steam-cleaned prior to export to the United States to remove all 
visible dirt and other particulate matter. We are soliciting comments 
from the public (as well as affected agencies) concerning our 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.20 hours per response.
    Respondents: Exporters of used farm equipment in FMD-affected 
regions; veterinary authorities in FMD-affected regions.
    Estimated annual number of respondents: 1,000.
    Estimated annual number of responses per respondent: 10.
    Estimated annual number of responses: 10,000.
    Estimated total annual burden on respondents: 2,000 hours.
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

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.

    2. In Sec. 94.0, a new definition of Farm equipment is added, in 
alphabetical order, to read as follows:


Sec. 94.0  Definitions

* * * * *
    Farm equipment. Equipment used in the production of livestock or 
crops, including, but not limited to, mowers, harvesters, loaders, 
slaughter machinery, agricultural tractors, farm

[[Page 31938]]

engines, farm trailers, farm carts, and farm wagons, but excluding 
automobiles and trucks.

    3. Section 94.1 is amended as follows:
    a. In paragraph (b)(2), by removing the words ``paragraph (c)'' and 
adding the words ``paragraph (d)'' in their place.
    b. By redesignating paragraph (c) as paragraph (d).
    c. By adding a new paragraph (c) to read as set forth below.
    d. By revising the OMB control number citation at the end of the 
section to read as set forth below.


Sec. 94.1  Regions where rinderpest or foot-and-mouth disease exists; 
importations prohibited.

* * * * *
    (c) The importation of any used farm equipment that originates in 
any region where rinderpest or foot-and-mouth disease exists, as 
designated in paragraph (a) of this section, is prohibited, unless the 
equipment is accompanied by an original certificate signed by an 
authorized official of the national animal health service of the 
exporting region that states that the equipment, after its last use and 
prior to export, was steam-cleaned free of all exposed dirt and other 
particulate matter. Such farm equipment is subject to APHIS inspection 
at the port of arrival. If it is found during such inspection to 
contain any exposed dirt or other particulate matter, it will be denied 
entry into the United States, unless, in the judgment of the APHIS 
inspector, the amount of exposed soil is minimal enough to allow 
cleaning at the port of arrival, and there are adequate facilities and 
personnel at the port to conduct such cleaning without risk of disease 
contamination.
* * * * *
(Approved by the Office of Management and Budget under control numbers 
0579-0015 and 0579-0195)

    Done in Washington, DC, this 7th day of May 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-11896 Filed 5-10-02; 8:45 am]
BILLING CODE 3410-34-U