[Federal Register Volume 67, Number 242 (Tuesday, December 17, 2002)]
[Rules and Regulations]
[Pages 77148-77152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31659]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-018-4]


Change in Disease Status of Great Britain 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 Great 
Britain (England, Scotland, Wales, and the Isle of Man) to the list of 
regions considered free of rinderpest and foot-and-mouth disease (FMD) 
and to the list of regions subject to certain import restrictions on 
meat and animal products because of their proximity to or trading 
relationships with rinderpest- or FMD-affected regions. This final rule 
follows an interim rule that removed Great Britain and Northern Ireland 
from those lists due to detection of FMD in those regions. Based on the 
results of an evaluation of the current FMD situation in Great Britain, 
which took into account, among other things, that Great Britain has met 
the standards of the Office International des Epizooties for being 
considered to be free of FMD, we have determined that Great Britain can 
be added to the list of regions considered free of FMD. This rule 
relieves certain FMD-related prohibitions and restrictions on the 
importation of ruminants and swine and fresh (chilled or frozen) meat 
and other products of ruminants and swine into the United States from 
Great Britain.

EFFECTIVE DATE: December 17, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Anne Goodman, Supervisory Staff 
Officer, Regionalization Evaluation Services Staff, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.

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 animal diseases, including rinderpest and foot-and-mouth 
disease (FMD). These are dangerous and destructive communicable 
diseases of ruminants and swine. Section 94.1 of the regulations lists 
regions of the world that are considered free of rinderpest or free of 
both rinderpest and FMD. Rinderpest or FMD is considered to exist in 
all parts of the world not listed. Section 94.11 of the regulations 
lists regions of the world that the Animal and Plant Health Inspection 
Service (APHIS) has determined to be free of rinderpest and FMD, but 
from which importation of meat and animal products into the United 
States is restricted because of the regions' proximity to or trading 
relationships with rinderpest- or FMD-affected regions.
    In an interim rule effective January 15, 2001, and published in the 
Federal Register on March 14, 2001 (66 FR 14825-14826, Docket No. 01-
018-1), we amended the regulations by removing Great Britain (England, 
Scotland, Wales, and the Isle of Man) and Northern Ireland from the 
list of regions considered to be free of rinderpest and FMD. (The 
Federal Register published a correction (66 FR 18357) to the interim 
rule on April 6, 2001.) That interim rule was necessary because FMD had 
been confirmed in those regions. The effect of the interim rule was to 
prohibit or restrict the importation of any ruminant or swine and any 
fresh (chilled or frozen) meat and other products of ruminants or swine 
into the United States from Great Britain and Northern Ireland.
    Although we removed Great Britain and Northern Ireland from the 
list of regions considered to be free of rinderpest and FMD, we 
recognized in the interim rule that the appropriate authorities had 
responded to the detection of FMD by imposing restrictions on the 
movement of ruminants, swine, and ruminant and swine products from FMD-
affected areas; by conducting heightened surveillance activities; and 
by initiating measures to eradicate the disease. We stated that we 
intended to reassess the situation in those regions at a future date in 
the context of Office International des Epizooties (OIE) standards, and 
that as part of that reassessment process, we would

[[Page 77149]]

consider all comments received regarding the interim rule.
    Additionally, we stated in the interim rule that the future 
reassessments would enable us to determine whether it was necessary to 
continue to prohibit or restrict the importation of ruminants or swine 
and any fresh (chilled or frozen) meat and other products of ruminants 
or swine from Great Britain and Northern Ireland, or whether we could 
restore Great Britain and Northern Ireland to the list of regions in 
which FMD is not known to exist, or regionalize portions of Great 
Britain or Northern Ireland as FMD-free.
    On January 9, 2002, we published a final rule in the Federal 
Register (67 FR 1072-1074, Docket No. 01-031-3) in which we restored 
Northern Ireland (as well as the Netherlands) to the list of regions 
considered to be free of rinderpest and FMD and to the list of regions 
subject to certain import restrictions on meat and animal products 
because of their proximity to or trading relationships with rinderpest- 
or FMD-affected regions. The action with respect to Northern Ireland 
and the Netherlands was based on the results of an evaluation of the 
FMD situation in those regions, which took into account, among other 
things, that each region met the standards of the OIE for being 
considered to be free of FMD.
    On July 16, 2002, we published a notice in the Federal Register (67 
FR 46628-46629, Docket No. 01-018-2) in which we advised the public of 
the availability of an evaluation that we had prepared concerning the 
FMD disease status of Great Britain. (We published a correction (67 FR 
54164, Docket No. 01-018-3) to that notice on August 21, 2002.) The 
evaluation, entitled ``APHIS Evaluation of FMD Status of Great Britain 
(England, Scotland, Wales, and the Isle of Man)'' (May 2002), assessed 
the FMD status of Great Britain and the related disease risks 
associated with importing animals and animal products into the United 
States from Great Britain.
    We solicited comments concerning the evaluation for 60 days ending 
September 16, 2002, and received 10 comments by that date. The comments 
were submitted by animal breeders and producers, an animal breeders' 
association, national beef and pork industry associations, and 
artificial insemination businesses. Seven of the 10 commenters 
supported restoring Great Britain to the list of FMD-free regions and 
relieving certain prohibitions and restrictions on the importation of 
animals and animal products into the United States from Great Britain. 
The other comments are discussed below.
    One commenter expressed concern that the European Union (EU) is 
reportedly willing to accept the risk of an outbreak of FMD once every 
10 years. The commenter asked what level of FMD risk is acceptable to 
the United Kingdom, and what actions the United Kingdom was taking to 
achieve that level of risk.
    There is no research of which we are aware, and the commenter did 
not make reference to any specific report, that indicates that the EU 
or the United Kingdom is willing to accept the risk of an outbreak of 
FMD under any circumstances. Regardless of the level of risk that any 
individual country might be willing to accept, we prepare risk 
assessments based on our own standards. Our evaluation of Great 
Britain's eradication and control efforts, including site visits that 
are detailed in a document that is available to the public (see 
following section, ``Status of Great Britain''), clearly shows that 
Great Britain has implemented effective measures to prevent further 
outbreaks of FMD.
    Two commenters stated that, given the delay in diagnosis of FMD in 
Great Britain during the outbreak in 2001, education regarding the 
importance of early reporting of suspicious disease situations is 
advisable. The commenter inquired whether APHIS had any information 
about any such continuing educational efforts in Great Britain.
    The United Kingdom's Department for Environment, Food, and Rural 
Affairs (DEFRA) maintains a Web site (http://www.defra.gov.uk/footandmouth) that offers information about, among other things, the 
disease and the 2001 outbreak, government restrictions and control 
measures, and precautions that farmers can take to avoid future 
outbreaks, including looking for early signs of disease. This 
information, made readily available to the public, through the internet 
and other media, demonstrates the commitment of the government of the 
United Kingdom to maintaining a high level of awareness and education 
regarding FMD.
    One commenter wanted to know if we have received information about 
the compliance of former swill feeding operations with the swill 
feeding ban that was enacted by the United Kingdom in May 2001.
    The ban on swill feeding is an important mitigating measure for the 
prevention of FMD, and DEFRA has initiated enforcement measures to 
ensure compliance with the ban. For 12 months following the 
implementation of the ban, local authorities, in cooperation with the 
Chief Veterinary Officer of DEFRA, visited all former swill feeders. 
The visits occurred at 2 weeks, 1 month, 2 months, 6 months, and 12 
months. During those 12 months, many of the former swill feeders gave 
up pig production altogether. The swill feeding operations that 
remained were thoroughly inspected to ensure that they had changed 
their feeding regimes in compliance with the ban. Local authorities 
took feed samples at any swill feeding operation that they suspected 
was using meat or meat products in their feed. The necessary 
enforcement measures, up to and including prosecution, were taken in 
all cases of non-compliance with the ban. These non-compliant swill 
feeding operations continue to be inspected on a regular basis to 
ensure that compliance is upheld.
    In addition to these inspection measures, the Chief Veterinary 
Officer of DEFRA has also instituted an awareness campaign aimed at 
former swill feeding operators as well as the public. Information about 
alternative methods of feeding, safe disposal of untreated swill, and 
various feed options has all been made available on DEFRA's Web site. 
Letters have been written to the local authorities emphasizing the 
importance of continued vigilance in their enforcement activities, and 
DEFRA's State Veterinary Service continues to work closely with the 
local authorities. Our risk assessment and site visits, in addition to 
the subsequent information we have received from DEFRA, indicate that 
these actions taken by DEFRA to ensure compliance with the swill 
feeding ban have been, and continue to be, an effective mitigation 
measure against the reintroduction of FMD.
    Two commenters asked about the level of testing that had been done 
in deer and feral boars in areas of the country that had contained 
infected domestic animals.
    The information available to us indicates that the wildlife 
populations were not tested extensively because FMD infections in 
wildlife were not believed to be a factor in the spread of FMD or to be 
a reservoir of infection. Detection and eradication efforts were 
focused on infected domestic animals. We believe that the risk of the 
spread of FMD from wildlife is minimal because the disease has been 
eradicated in the domestic livestock, and there has been no 
reintroduction of the disease from wildlife.
    Two commenters noted that Canada will not allow the importation 
from the United Kingdom of some commodities that have been imported 
into the United

[[Page 77150]]

Kingdom from certain trading partners in the EU known to be infected 
with FMD. These commenters asked whether APHIS has reviewed the risk to 
the United Kingdom, and then subsequently to the United States, of 
these types of importations. These commenters also inquired how the 
United Kingdom's import controls for commodities from FMD countries 
compare to the United States' import controls for commodities from FMD 
countries, and what level of protection is provided by the 100 percent 
documentation and identity checks conducted by the United Kingdom on 
the origin of meat imported from FMD countries.
    The risk to the United Kingdom and subsequently to the United 
States of these types of importations is addressed in the current 
regulations that govern the importation of meat and other animal 
products. These regulations include special restrictions for those FMD-
free regions that: (1) Supplement their national meat supply by the 
importation of fresh (chilled or frozen) meat of ruminants or swine 
from regions that are designated as having FMD; (2) share a common land 
border with regions that are designated as having FMD; or (3) import 
ruminants or swine from regions where FMD exists under conditions that 
are less restrictive than are acceptable for importation into the 
United States. These restrictions, found in Sec.  94.11, will apply to 
Great Britain and offer additional protection against the possibility 
of the introduction of FMD into the United States.
    One commenter noted the outbreaks of classical swine fever and FMD 
in the last 2 years in the United Kingdom and asked if APHIS' risk 
evaluation and assessment process addressed future risks to the United 
States based on this type of history.
    Our risk evaluation and assessment process takes into account the 
quick and effective response of the government after the initial 
outbreaks of these diseases. The emergency response lessons that DEFRA 
learned have led to an increased level of sensitivity and an enhanced 
level of awareness of the potential for disease incursions. Although it 
is impossible to predict the potential for future risk with complete 
certainty, we believe that the continued surveillance and ongoing 
educational and control efforts of DEFRA, combined with the 
restrictions of Sec.  94.11 discussed above, support our determination 
that there does not exist an undue risk of FMD being introduced into 
the United States through the importation of animals or animal products 
from Great Britain.
    Two commenters requested that APHIS review other disease situations 
with regard to health risks to the U.S. livestock herd. One of the 
commenters specifically mentioned postweaning multi-systemic wasting 
syndrome (PMWS) and porcine dermatitis and nephropathy syndrome (PDNS), 
which the commenter said were increasing in prevalence and severity in 
Great Britain.
    APHIS conducts ongoing review and analysis of diseases that could 
affect the U.S. livestock herd. With regard to PMWS and PDNS, both of 
these diseases already exist in the United States, and we have 
initiated an evaluation process to determine the extent of their spread 
and the health risks that they present both in the United Kingdom and 
in the United States.
    Another commenter supported relieving restrictions on the 
importation from Great Britain of embryos and semen under certain 
conditions, but opposed relieving restrictions on the importation of 
other animal products from Great Britain because of FMD and because of 
the ``unknown incubation period'' of bovine spongiform encephalopathy 
(BSE).
    Our evaluation of Great Britain's FMD control and eradication 
efforts since the initial outbreak of FMD indicates that they have been 
effective. The evaluation, which also took into account OIE's 
standards, found that there is no undue risk of the presence of FMD in 
Great Britain. Based on this evidence, we do not consider it necessary 
to prohibit the importation of animals and animal products from Great 
Britain due to FMD.
    However, because the United Kingdom is listed in Sec.  94.18(a)(1) 
as a region in which BSE is considered to exist, the importation of 
ruminants and fresh (chilled or frozen) meat, meat products, and edible 
products other than meat (excluding gelatin, milk, and milk products) 
from ruminants from the United Kingdom will continue to be prohibited. 
Status of Great Britain
    In this final rule, we are restoring Great Britain to the list in 
Sec.  94.1(a) of regions that are considered to be free of rinderpest 
and FMD. Our reasons follow.
    When FMD occurs in an FMD-free country or zone where vaccination is 
not practiced before the outbreak, the OIE requires a waiting period of 
3 months after the last case, when stamping-out and serological 
surveillance are applied, before that FMD-free country or zone can be 
reevaluated.
    Great Britain did not vaccinate animals against FMD before the 
initial outbreak that was confirmed on February 20, 2001. Following the 
initial outbreak, Great Britain implemented a stamping-out policy, 
movement control measures, serological surveillance, import controls, a 
ban on swill feeding, and enhanced control of international waste to 
ultimately control and eradicate the disease.
    The last case of FMD in Great Britain occurred on September 30, 
2001. The animals were slaughtered immediately, and more than 3 months 
had elapsed by the time the evaluation was conducted. The OIE 
reinstated the FMD-free status of the United Kingdom on January 22, 
2002. This reinstatement was a significant factor in our evaluation.
    We have evaluated the FMD eradication efforts in Great Britain 
based on information provided to us by this region and by our own site 
visits. Our findings and site visit reports may be viewed on the 
Internet at http://www.aphis.usda.gov/vs/reg-request.html. You may also 
request paper copies of these documents by calling or writing the 
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to 
Docket No. 01-018-4 when requesting copies. These documents are also 
available 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.)
    We further believe that we have an obligation under our 
international trade agreements to restore a region previously 
recognized as FMD-free to our list of regions free of FMD as soon as 
practicable upon its meeting OIE standards for free status. The United 
States would expect the same policy to be applied in the event of an 
outbreak of disease, and subsequent eradication of that disease, in 
this country.
    Based on our findings, and after reviewing comments submitted to us 
on the interim rule and on the evaluation, we are amending the 
regulations by restoring Great Britain to the list in Sec.  94.1(a)(2) 
of regions that are declared free of both rinderpest and FMD. We are 
also restoring GreatBritain to the list in Sec.  94.11(a) of regions 
that are 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

[[Page 77151]]

(chilled or frozen) meat of ruminants or 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.
    This action relieves certain restrictions due to FMD on the 
importation into the United States of certain live animals and animal 
products from Great Britain. However, because Great Britain has certain 
trade practices regarding ruminants and swine 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 Great Britain continues to be subject to certain 
restrictions. Further, because the United Kingdom is listed in Sec.  
94.18(a)(1) as a region in which BSE is considered to exist, the 
importation of ruminants, fresh (chilled or frozen) meat, meat 
products, and certain other edible products of ruminants from the 
United Kingdom will continue to be prohibited.

Miscellaneous

    In Sec.  94.18, we refer to Northern Ireland and Great Britain 
(England, Scotland, Wales, and the Isle of Man) collectively as the 
United Kingdom. In this rule, we are amending Sec. Sec.  94.1 and 94.11 
to be consistent with Sec.  94.18. Therefore, instead of adding Great 
Britain to the lists of regions in Sec. Sec.  94.1 and 94.11, we are 
removing the references to Northern Ireland that are currently in both 
sections and adding the United Kingdom to those lists.

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. Immediate 
implementation of this rule is warranted to relieve certain 
restrictions on the importation of ruminants and swine and fresh 
(chilled or frozen) meat and other products of ruminants and swine into 
the United States from Great Britain 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 
process required by Executive Order 12866.
    We are amending the regulations governing the importation of 
certain animals, meat, and other animal products by adding Great 
Britain to the list of regions considered to be free of rinderpest and 
FMD and to the list of regions that are subject to certain import 
restrictions on meat and animal products because of their proximity to 
or trading relationships with rinderpest-or FMD-affected regions. This 
final rule follows an interim rule that removed Great Britain and 
Northern Ireland from those lists due to detection of FMD in those 
regions. Based on the results of an evaluation of the current FMD 
situation in Great Britain, which took into account, among other 
things, that Great Britain met the standards of the OIE for being 
considered to be free of FMD, we have determined that Great Britain can 
be added to the list of regions considered free of FMD. This final rule 
relieves certain prohibitions and restrictions on the importation of 
ruminants and swine and fresh (chilled or frozen) meat and other 
products of ruminants and swine into the United States from Great 
Britain.
    Great Britain has not historically been a major source of U.S. 
imports of the products affected by the FMD-related prohibitions and 
restrictions of the regulations, which include live ruminants, live 
swine, fresh (chilled or frozen) meat of ruminants and swine, processed 
ruminant and swine meat, some dairy products, animal feeds, and other 
ruminant and swine products such as semen, embryos, untanned hides and 
skins, unwashed wool, hair, bones, blood, and some other byproducts. 
Past imports of these products from Great Britain represent a small 
fraction of the total U.S. imports or total U.S. production of these 
products. Given the BSE-related prohibitions that will continue to 
apply to the importation of ruminants, fresh (chilled or frozen) meat, 
meat products, and certain other edible products of ruminants from the 
United Kingdom, as well as the restrictions on the importation of meat 
and other products from ruminants and swine from the United Kingdom 
that will apply under Sec.  94.11, this final rule is not expected to 
alter these past trade patterns.
    The majority of entities potentially affected by this final rule 
are considered small. For example, in 1997, approximately 97 percent 
(2,919 of 2,992) of meat and meat product wholesalers, 99 percent 
(1,490 of 1,503) of livestock wholesalers,\1\ 92 percent (79,155 of 
86,022) of dairy farms, 99.3 percent (651,542 of 656,181) of cattle 
farms, 87 percent (40,185 of 46, 353) of hog and pig farms, 99.5 
percent (29,790 of 29,938) of sheep and goat farms,\2\ 98 percent 
(1,272 of 1,297) of slaughtering establishments, and 95 percent (1,324 
of 1,393) of meat processing establishments \3\ would be considered 
small entities under the criteria set by the Small Business 
Administration. However, these entities should be little affected by 
this rulemaking because of the negligible effect on imports.
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    \1\ 1997 Economic Census, Department of Commerce, Bureau of the 
Census.
    \2\ 1997 Census of Agriculture, USDA, National Agricultural 
Statistics Service.
    \3\ 1997 Economic Census, Department of Commerce, Bureau of the 
Census.
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    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 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:


[[Page 77152]]


    Authority: 7 U.S.C. 450, 7711-7714, 7751, 7754, 8303, 8306, 
8308, 8310, 8311, and 8315; 21 U.S.C. 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 removing the words 
``Northern Ireland,'', by removing the word ``and'' immediately before 
the word ``Trust'', and by adding the words ``, and the United 
Kingdom'' immediately after the words ``Pacific Islands''.


Sec.  94.11  [Amended]

    3. In Sec.  94.11, paragraph (a), the first sentence is amended by 
removing the words ``Northern Ireland,'' and by removing the words 
``and Switzerland'', and adding the words ``Switzerland, and the United 
Kingdom'' in their place.

    Done in Washington, DC, this 12th day of December 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-31659 Filed 12-16-02; 8:45 am]
BILLING CODE 3410-34-P