[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Rules and Regulations]
[Pages 37663-37664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13529]



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  Federal Register / Vol. 67, No. 104 / Thursday, May 30, 2002 / Rules 
and Regulations  

[[Page 37663]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-041-2]


Change in Disease Status of Estonia With Regard to Rinderpest and 
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 to add Estonia 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 
Estonia is free of rinderpest and foot-and-mouth disease. We are also 
amending the regulations to add Estonia to the list of regions that are 
subject to certain import restrictions on meat and meat products 
because of their proximity to or trading relationships with rinderpest- 
or foot-and-mouth disease-affected countries. These actions update the 
disease status of Estonia with regard to rinderpest and foot-and-mouth 
disease while continuing to protect the United States from an 
introduction of those diseases by providing additional requirements for 
any meat and meat products imported into the United States from 
Estonia.

EFFECTIVE DATE: June 14, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Hatim Gubara, Staff Veterinarian, 
Regionalization Evaluation Services Staff, VS, APHIS, 4700 River Road 
Unit 38, Riverdale, MD 20737-1231; (301) 734-5538.

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 February 1, 2002, we published in the Federal Register (67 FR 
4927-4930, Docket No. 01-041-1) a proposal to amend the regulations to 
add Estonia to the list in [sect] 94.1(a) of regions that are 
considered free of rinderpest and FMD. In that document, we also 
proposed to add Estonia to the list in [sect] 94.11(a) of regions 
declared free of rinderpest and FMD, but that are subject to certain 
import restrictions on meat and meat products because of their 
proximity to or trading relationships with rinderpest- or FMD-affected 
countries.
    We solicited comments concerning our proposal for 60 days ending 
April 2, 2002. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, 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 adds Estonia 
to the list of regions considered free of rinderpest and FMD. We have 
determined that approximately 2 weeks are needed to ensure that Animal 
and Plant Health Inspection Service personnel at ports of entry receive 
official notice of this change in the regulations. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be effective 15 days after 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.
    This rule adds Estonia to the list of regions that are considered 
free of rinderpest and FMD and to the list of regions 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 Estonia with regard to rinderpest and FMD 
while continuing to protect the United States from an introduction of 
those diseases by providing additional requirements for any meat and 
meat products imported into the United States from Estonia.
    We do not expect that this rule will have a significant economic 
impact on any entities, large or small, in the United States. Estonia 
does not produce sufficient quantities of ruminants or swine, or 
products of ruminants or swine, to significantly affect the U.S. market 
even if all of Estonia's production were exported to the United 
States.\1\ For example, Estonia's production of beef and veal, mutton 
and lamb, and pigmeat (51,120 metric tons) was equivalent to less than 
0.5 percent of those commodities produced in the United States in 2001. 
During the same period, Estonia's stock of live cattle, sheep, and pigs 
(585,200 head) was equivalent to less than 0.5 percent of comparable 
stock in the United States. Similarly, Estonia's milk production 
(690,000 metric tons) was less than 1 percent of the total production 
of milk in the United States in 2001.\2\
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    \1\ Realistically, not all of Estonia's production would be 
exported to the United States. Some of Estonia's production will be 
consumed domestically and some will be exported to countries other 
than the United States.
    \2\ Source: Food and Agriculture Organization of the United 
Nations.
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    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. Given the small 
amount of Estonia's production, domestic producers in the United States 
are unlikely to be affected in any measurable way. Other entities that 
might be affected are brokers, agents,

[[Page 37664]]

and others in the United States who could become involved in any future 
importation and sale of ruminants or swine or products of ruminants or 
swine from Estonia. The number and size of those entities is unknown, 
but it is reasonable to assume that most of those entities would be 
small according to the standards set by the U.S. Small Business 
Administration. However, for the reasons discussed above, any economic 
impact on those entities, as well as any other affected entities in the 
United States, should be minimal.
    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.

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 disease, 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.

[sect] 94.1  [Amended]

    2. In [sect] 94.1, paragraph (a)(2) is amended by adding, in 
alphabetical order, the word ``Estonia,''.


[sect] 94.11  [Amended]

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

    Done in Washington, DC, this 23rd day of May 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-13529 Filed 5-29-02; 8:45 am]
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