[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Proposed Rules]
[Pages 34537-34549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5440]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / 
Proposed Rules  

[[Page 34537]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2006-0037]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to add Namibia, 
except the portion of the country north of the Veterinary Cordon Fence 
(VCF), to the list of regions that are considered free of foot-and-
mouth disease (FMD), and to add the entire country to the list of 
regions that are considered free of rinderpest. We are taking this 
action because we have determined that the region in Namibia south of 
the VCF is now free of FMD and the entire country is free of 
rinderpest. We are also proposing to add Namibia, except the region 
north of the VCF, to the list of FMD- and rinderpest-free regions that 
are subject to certain import restrictions on meat and other animal 
products because of their proximity to or trading relationships with 
rinderpest- or FMD-affected regions. This proposed action would relieve 
certain restrictions due to FMD and rinderpest on the importation into 
the United States of certain live animals and animal products from all 
regions of Namibia except the region north of the VCF. However, because 
we consider Namibia to be affected with African swine fever, classical 
swine fever, and swine vesicular disease, the importation of live swine 
and pork and pork products would continue to be restricted. In 
addition, because we consider Namibia to be affected with other animal 
diseases that are exotic to the United States, the importation of live 
ruminants and germplasm would also continue to be restricted. These 
actions would update the disease status of Namibia with regard to FMD 
and rinderpest 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 
Namibia.

DATES: We will consider all comments that we receive on or before 
August 14, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0037 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0037, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0037.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Javier Vargas, Animal Scientist, 
Regionalization Evaluation Services Staff, National Center for Import 
and Export, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-
1231; (301) 734-0756.

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, classical swine fever, 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.
    In February 2001, the Animal and Plant Health Inspection Service 
(APHIS) received a request from Namibia's Government to recognize 
Namibia as free from rinderpest. Because rinderpest has not been 
diagnosed in Namibia since 1907, we are proposing to recognize the 
entire country of Namibia as free of rinderpest.
    The Namibian Government also requested that APHIS recognize the 
region of Namibia south of the Veterinary Cordon Fence (VCF), which is 
described in more detail in the ``Degree of Separation from Adjacent 
Regions,'' as free of FMD. The regulations define the term region, in 
part, as ``any defined geographic land area identifiable by geological, 
political, or surveyed boundaries.'' Namibian veterinary officials 
define four zones for purposes of FMD control in Namibia: Infected, 
buffer, surveillance, and free. The infected zone is north of the VCF 
and includes eastern and western Caprivi, where FMD outbreaks have 
occurred and free-roaming wild buffalo are present. FMD vaccinations 
are conducted in this zone. The buffer zone, which abuts high-risk 
areas in neighboring countries, is also located north of the VCF. This 
area is considered affected with contagious

[[Page 34538]]

bovine pleuropneumonia (CBPP) and does not have as stringent animal 
movement controls as the FMD-free area. FMD vaccinations are conducted 
in certain areas of this zone. The surveillance zone borders the VCF in 
the FMD-free area and is at least two farms wide. FMD vaccination does 
not occur in this area so that the animals can serve as sentinels. 
Finally, the free zone consists of the commercial farming area and 
communal areas south of the surveillance zone.
    In response to the Namibian Government's request, and based on our 
review of supporting documentation accompanying the request and 
information obtained during a site visit, we are proposing to recognize 
the entire country of Namibia as rinderpest-free and all of Namibia 
except the region north of the VCF as free of FMD. Finally, we are also 
proposing to add Namibia, except the region north of the VCF, to the 
list of regions that are subject to certain import restrictions on meat 
and other animal products because of their proximity to or trading 
relationships with rinderpest-or FMD-affected regions.

Risk Analysis

    Based on the information submitted to us by the Government of 
Namibia, as well as information gathered during a site visit by APHIS 
staff to Namibia in June 2003, we have reviewed and analyzed the animal 
health status of Namibia relative to FMD. Our review and analysis were 
conducted in light of the factors identified in 9 CFR 92.2, 
``Application for recognition of the animal health status of a 
region,'' which are used to determine the level of risk associated with 
importing animals or animal products into the United States from a 
given region. Based on the information submitted to us and gathered 
during the June 2003 site visit, we have concluded the following:

Veterinary Infrastructure

    The authority for veterinary infrastructure and control in Namibia 
rests with the Directorate of Veterinary Services (DVS) in the Ministry 
of Agriculture, Water, and Rural Development. This authority is derived 
from several laws, including the Undesirable Residue in Meat Act, the 
Stock Brands Act, the Government Notice on the Prohibition of Certain 
Farm Feeds, and the Animal Disease and Parasites Act, No. 13, of 1956; 
this last act is the primary source of authority for Namibia's animal 
health, disease control, and animal movement control activities. The 
overall structure of DVS includes a central headquarters and State 
veterinary offices throughout Namibia, both of which are described 
below.
    DVS headquarters is located in Windhoek, where DVS officials 
develop all polices, laws, and regulations relating to animal health 
issues. The relationship between DVS headquarters and the State offices 
is close and information is shared regularly. The State offices are 
formally audited to review the offices' performance on trade-related 
issues, such as traceability, bovine spongiform encephalopathy (BSE) 
surveillance, and monitoring farm feeds for ruminant protein. During 
the site visit, APHIS staff found the State office they visited to be 
structured, effective, and organized.
    DVS animal health officials participate in training activities on a 
regular basis, including teaching community members how to recognize 
disease symptoms. The central office sets criteria for FMD-free 
countries and assigns disease status to countries. Permits are issued 
according to a country's disease status and, if a disease outbreak 
occurs in a previously free country, DVS cancels the permits for 
affected articles from that country and alerts State veterinarians at 
the ports of arrival that those permits have been canceled.
    Support for DVS in Namibian farming and producer groups and local 
communities is strong. This support is demonstrated by high involvement 
in programs such as participation and enforcement of vaccination 
schedules and community participation in education, outreach, and 
meetings. DVS works with various farming organizations in Namibia, such 
as the National Agricultural Union, which consists mainly of commercial 
farmers, and the Namibia National Farmers' Union, which is comprised of 
mostly communal farmers. DVS also works with the Namibian Meat Board, 
which is an industry group focusing on developing and improving 
livestock product markets. The Meat Board administers the Farm Assured 
Namibian Meat Scheme, a quality assurance program for meat, and 
operates the Brand Registry, which contains the registration of every 
meat producer's brand mark. Finally, DVS partners with the Namibian 
police force to ensure that all vehicles entering the proposed free 
zone through VCF checkpoints are inspected and that emergency 
roadblocks can be put into place if necessary.
    The site visit team visited the Walvis Bay Veterinary Services 
Office, a State veterinary office located at a port on the central 
coast of Namibia. The premises included the State veterinarian's office 
and a quarantine facility used for small animals, such as dogs, birds, 
and cats. For each animal product entering Namibia, the State 
veterinarian keeps records of a description of the product, as well as 
the product's date of entry, permit number, origin, and quantity. The 
office is also responsible for performing field duties, such as annual 
farm inspections and inspections of cold storage facilities. The State 
veterinarians can hold a shipment until paperwork can be completed, but 
do not open sealed containers until all documents are present.
    The State office receives faxes from the central office to alert 
the State veterinarian of any arriving shipments that will need 
inspection. During an inspection, the State veterinarian checks the 
expiration and product dates, the endorsement of the permit, and the 
physical appearance of the shipment. Satisfactory shipments are 
released to the owner, while unsatisfactory shipments must either be 
destroyed or returned to the country of origin. If the product is 
destroyed, the State veterinarian, municipal police, Port Control, and 
Customs are involved. Although no beef or lamb has been confiscated, a 
shipment of chicken was destroyed by being mixed with sand and buried 
in a 5 meter hole at the municipal dump. At the port visited by the 
APHIS team, the harbor is completely fenced off and guards man the port 
gate. If a shipment does not have stamped release papers, the guards 
will stop the shipment so that it cannot leave the harbor.
    DVS also supplements its workforce through Community Animal Health 
Workers (CAHWs) who work in the communal areas to assist DVS' disease 
surveillance and to provide a more comprehensive and accurate animal 
disease treatment, surveillance, and reporting system. Although the 
CAHWs are not government employees or certified, they receive 
government training in animal husbandry, handling, animal diseases, and 
health maintenance and are members of the community in which they work. 
The CAHWs then can establish private businesses that provide very basic 
veterinary care along with a limited veterinary pharmacy.
    One concern about DVS raised during the site visit was the 
mandatory or voluntary retirement for several senior DVS officials in 
the upcoming year with no apparent plans for overlapping by 
replacements. This process could create a loss of institutional memory 
and result in a weakening or failure of the current disease control 
system, which requires

[[Page 34539]]

consistent application and reassessment to prevent FMD from entering 
Namibia. In addition, highly trained personnel are spread very thin 
over a wide range of duties and qualified recruits are lacking due to 
either a lack of funding or training. DVS acknowledged these issues 
during the site visit and stated that field personnel are being moved 
to headquarters to receive training and become familiar with operations 
at the headquarters level. In addition, DVS advertised posts to fill 
vacancies prior to the officials' departure to ensure a smooth 
transition. Also, DVS stated that the restructuring was designed to 
strengthen surveillance, reporting, and case follow-up.
    However, in July 2004, Namibia's Cabinet approved a new structure 
for DVS, which is designed to strengthen the central competent 
authority and allow for closer supervision and decentralization of 
services. The Directorate remains under the supervision of a Chief 
Veterinary Officer and consists of four divisions: Animal Disease 
Control (Animal Health); Veterinary Public Health; Epidemiology, 
Import/Export and Training; and Diagnostic Services and Research. Each 
of these divisions will be headed by a Deputy Chief Veterinary Officer 
who oversees a variety of supporting staff. Recruitment to fill 
positions has begun and progress in filling positions had been made as 
of January 2006. The effort to fill all positions is ongoing.
    Under the new restructuring, Namibia is divided into four regions: 
South, North-east, North-west, and Central. With regard to Animal 
Health, each of the four regions will have a Chief Veterinarian, who 
reports directly to the Deputy Chief Veterinary Officer of the Animal 
Health division at headquarters. Each Chief Veterinarian will operate 
as a supervisor of a number of State veterinary officers (up to four 
each) and be responsible for training, control, monitoring, and guiding 
field veterinarians. Six additional field veterinarian posts will be 
added in the northern communal areas. In addition, the number of animal 
health technician (AHT) posts (agricultural diploma level) will be 
increased from 79 to 95, with a plan to phase out Stock Inspection 
Assistants over time.
    The Veterinary Public Health division will consist of a Chief 
Veterinarian, a Control Veterinary Hygiene Inspector, chief hygiene 
inspectors, and a Veterinary Public Health Specialist. Chief Hygiene 
Inspector positions have been created to enhance supervision on the 
slaughter floor of abattoirs. The Epidemiology, Import/Export, and 
Training Division will also have a Chief Veterinarian, who will assist 
the Deputy with administrative issues, a veterinary specialist in 
epidemiology, and two additional veterinarians. One of these 
veterinarians will be responsible for the livestock identification and 
tracing system. There will also be a veterinarian in charge of import/
export control, a chief veterinary technician, and additional 
technicians. There will also be 20 posts for veterinary officials who 
will be stationed at the main entry points. These posts have been 
approved and DVS hopes to fill them soon. The veterinary port officials 
will oversee compliance with import requirements and notification of 
arrival of animals and animal products.
    The results of our evaluation indicate that animal health officials 
in Namibia have the legal authority to enforce Federal and State 
regulations pertaining to FMD and the necessary veterinary 
infrastructure to carry out FMD surveillance and control activities.

Disease History and Surveillance

    The last outbreak of FMD in the surveillance and free zones (i.e., 
the region under consideration for FMD-free status) was in 1965. In the 
buffer zone, the last FMD outbreak occurred in 1992. However, in the 
infected zone, an FMD outbreak occurred on August 18, 2002. In this 
outbreak, six cattle were found to have FMD lesions that were South 
African type (SAT) positive. DVS controlled the outbreak through 
movement control and vaccination, vaccinating all animals in the 
immediate vicinity of the outbreak twice and all animals in the 
remainder of the infected zone once. After 6 months of not detecting 
another FMD-infected animal, the outbreak was declared over on March 
31, 2003.

Active Surveillance

    Most of Namibia's active surveillance occurs through inspections. 
In the surveillance zone, DVS inspects for FMD every 3 months, while 
inspections in the area north of the VCF occur biannually. In the free 
zone, inspections occur on an annual basis. During the inspections, the 
veterinarians and AHTs conduct census and disease reporting activities. 
Farmers in the free zone receive 1-month's notice and are required to 
present at least 80 percent of their stock for inspection. If a farmer 
does not comply, movement and marketing restrictions are put into 
place. Surveillance data are also collected from inspections required 
for movement permits, auctions, and upon arrival at abattoirs. During 
an inspection, a DVS official walks through a herd of animals rather 
than conducting individual exams for each animal. However, inspectors 
will individually check sick or injured animals and will take lick and 
feed samples from the animals.
    For each premises, inspectors complete a farm visit form that 
includes animal health information such as vaccinations used, parasite 
treatment, mortality, diseases in stock and game, lick supplement 
status, and farm name, number, and district. The inspection team did 
note that brand marks were not included on the form; DVS stated the 
next reprint of forms will include a space for this information. Until 
that time, animal health technicians have to check for brand marks as 
part of the inspection protocol. If animals on a farm are not properly 
branded in accordance with the Stock Brands Act, the farm is closed. 
DVS also visits premises for reasons other than the scheduled 
inspections. For example, because there are so few private 
veterinarians in most areas of Namibia, DVS frequently responds to any 
disease or sickness reports for livestock.
    As for wild game, no FMD serological surveys have been conducted in 
the free zone. However, in 1996, DVS conducted serological surveys of 
sable antelopes and free-roaming buffalo in the buffer zone. The herd 
of buffalo tested negative for antibodies to SAT 1, SAT 2, and SAT 3 
both in 1996 and when retested in 2002. Any captured wild game are 
certified clinically free of disease before movement. The Department of 
Natural Resources within the Ministry of Environment and Tourism is the 
responsible body for managing game capture and movement. The site visit 
team visited the Etosha game park, which is north of the VCF, and found 
a minimal risk for FMD introduction based on the observation of double 
fences separating wild game from domestic livestock, the lack of Cape 
Buffalo species, and the low likelihood of visitors with FMD-
susceptible animals or animal products.

Passive Surveillance

    FMD surveillance in the buffer and free zones is typically 
accomplished through more passive surveillance means because of the 
inaccessibility of diagnostic services in remote locations. DVS and the 
Meat Board of Namibia have an extensive outreach education program for 
livestock owners that includes placing pamphlets and posters in 
community centers, churches, and gathering places. Radio announcements 
and weekly programs are widely used to disseminate information, 
especially in areas that are not accessible via telephone, Internet, or 
television. Veterinarians and AHTs also interact

[[Page 34540]]

with farmers on a regular basis. In the northern communal area, CAHWs 
and pharmaceutical retailers participate in 1 to 2 week training 
sessions endorsed by DVS to learn to detect suspicious signs of foreign 
animal diseases and have a mandatory responsibility to notify DVS of 
any suspicion of FMD.

Diagnostic Capabilities

    The Central Veterinary Laboratory (CVL) is an accredited 
biosecurity level 2 laboratory located in Windhoek. The CVL is not 
structured to test for all diseases listed by OIE (Office International 
des Epizooties, or World Organization for Animal Health), but does 
perform residue testing of meat destined for export and tests for 
vesicular diseases including bovine viral disease, infectious bovine 
rhinotracheitis, bluetongue, and orf. Although the CVL may acquire a 
diagnostic enzyme-linked immunosorbent assay kit for antibody detection 
of FMD, FMD testing occurs either at the Botswana Vaccine Institute, 
which is an OIE reference laboratory for FMD, or the Onderstepoort 
Veterinary Institute in the Republic of South Africa. The site team 
visited the latter facility and determined that the Institute was an 
adequate testing facility that had facilities designated for FMD 
vaccine production and exotic disease diagnosis. The tests used for FMD 
at the Institute meet OIE guidelines and the laboratory's records 
showed that three diagnostic investigations were submitted from Namibia 
between 2000 and 2003 to rule out FMD.
    Given the information above, Namibia appears to have adequate 
disease control authority, programs, and animal health management to 
diagnose FMD.

Vaccination Status

    The vaccination status in Namibia varies throughout the country. 
FMD vaccinations are not performed on any animal in either the 
surveillance or free zones, and only cattle are vaccinated in the 
infected zone and in certain areas of the buffer zone. The remaining 
unvaccinated cattle in the buffer zone serve as sentinels of FMD. FMD 
symptoms in these areas would likely be reported due to community 
education by DVS, the cultural importance of livestock health, and the 
frequent interactions of AHTs and CAHWs with local producers. Small 
stock are not vaccinated for FMD anywhere in Namibia.
    In the buffer zone, which is FMD free with vaccination, vaccination 
coverage is 80 percent. FMD vaccinations are free and administered by 
DVS personnel. Only cattle in the Kavango, the area proximate to the 
infected area, and the north central area, a strip of land 
approximately 50 kilometers wide adjacent to Angola, are vaccinated 
annually. These cattle are vaccinated with an oil adjuvant bivalent 
(SAT 1 and SAT 2) FMD vaccine combined with a CBPP vaccine. In the 
infected zone, cattle in the eastern portion of Caprivi are vaccinated 
twice a year with a trivalent SAT 1, 2, and 3 vaccine, while the cattle 
in the western portion of Caprivi are vaccinated only once a year. 
Before vaccination, serological tests for FMD are not performed, which 
may result in the vaccination masking any FMD already present in the 
animals. However, due to the open range herd management style of the 
buffer zone, the vaccinated cattle are exposed to unvaccinated cattle 
that would likely serve as sentinels should the virus become present.
    Any cattle entering Namibia from Angola are vaccinated at the 
border post of entry and branded with an ``A'' for identification. The 
cattle are also branded with an arrow that tells DVS officials the year 
in which the cattle were vaccinated. These cattle are prohibited from 
moving south of the VCF.
    Vaccinations performed by DVS are recorded and maintained by State 
veterinary personnel for each herd owner. In order to facilitate 
vaccinations, DVS administers vaccinations at specific gathering places 
so that communal owners from the vicinity can bring their animals to 
the site. Vaccinated cattle are identified with an arrow brand, which 
indicates the year of vaccination. At the time of vaccination, the herd 
owner must present a stock card identifying the animals' vaccinations, 
census, and movements, which is then updated to reflect the most recent 
vaccination. These stock cards, which are maintained for both small 
stock and cattle, are kept by the owner, who must update the cards any 
time a movement, sale, slaughter, vaccination, or other significant 
event occurs. If a herd owner does not comply with vaccination 
requirements, the infraction is reported to the ``induna'' (chief or 
head person of the area) who alerts the water committee to deny water 
to the offending herd owner's livestock. Access is denied until the 
herd owner contacts the State veterinary office and schedules the 
cattle's vaccination.
    FMD vaccine for Namibia is produced at the Botswana Vaccine 
Institute or the Onderstepoort Veterinary Institute, both of which are 
discussed in more detail under the ``Diagnostic Capabilities'' section 
above. The Onderstepoort Veterinary Institute produces vaccines 
containing prevalent FMD serotypes found in Africa, including SAT 1, 
SAT 2, and SAT 3. The Institute is also equipped to make autogenous FMD 
vaccines upon request. Namibia annually uses about 500,000 doses of 
bivalent/trivalent vaccines.

Disease Status of Adjacent Regions

    Namibia is bordered to the north by Angola and Zambia, to the east 
by Botswana, and to the south and east by the Republic of South Africa. 
Zambia's border with Namibia abuts Namibia's infected zone and 
therefore is not assessed further in this document. Angola's border 
abuts Namibia's buffer zone. Angola experienced an FMD outbreak in 2001 
and its veterinary disease control situation is unclear. Although 
Angola may represent a risk for FMD introduction into Namibia, 
Namibia's veterinary infrastructure and border controls likely would 
detect it.
    Botswana experienced FMD outbreaks in 2002 and 2003; however, the 
southern portion of Botswana, which abuts Namibia's proposed free zone, 
is recognized by the OIE and Namibia as FMD-free. The border between 
Botswana and Namibia consists of a game- and stock-proof fence. 
However, approximately 10 kilometers of the northern part of Botswana 
lies adjacent to the surveillance zone of Namibia. This portion of the 
surveillance zone, referred to as the ``Gam area,'' is separated by 
four fences (double game- and stock-proof fences). Although the 
Republic of South Africa has had FMD outbreaks in 2001 and 2003, these 
outbreaks have mostly occurred in the eastern portion of the country 
that is not near Namibia.
    In addition to neighboring countries, the proposed region to be 
declared FMD-free is bordered by the buffer zone as described in the 
``Background'' section. Information on this zone's FMD status can be 
found in the ``Disease History and Surveillance'' section above.
    Because Namibia shares borders with and trades with countries that 
have experienced recent FMD outbreaks or that are not recognized as 
FMD-free by the United States and because FMD exists in some portions 
of Namibia, APHIS proposes to add Namibia (excluding the region north 
of the VCF) to the list of regions in Sec.  94.11. The regions in Sec.  
94.11, although declared free of FMD and rinderpest, supplement their 
national meat supply by the importation of fresh (chilled or frozen) 
meat of ruminants or swine from regions that are designated in Sec.  
94.1(a) to be infected with rinderpest or FMD; or

[[Page 34541]]

have a common land border with regions designated as infected with 
rinderpest or FMD; or import ruminants or swine from regions designated 
as infected with rinderpest or FMD under conditions less restrictive 
than would be acceptable for importation into the United States. 
Therefore, all meat of ruminants or swine or other animal products 
would have to meet the certification requirements in Sec.  94.11 to be 
eligible for importation into the United States. These certification 
requirements are explained later in this document under the heading 
``Certification Requirements.''

Degree of Separation From Adjacent Regions

Borders With Other Countries
    The border between Namibia and the Republic of South Africa 
consists of the Kalahari Desert adjacent to the Orange River and a 
stock-proof fence. Approximately 10 kilometers of the northern part of 
Botswana lies adjacent to the surveillance zone in Namibia and is 
separated from Namibia by double game- and stock-proof fences for a 
total of four fences. The rest of the border between Botswana and 
Namibia consists of a game- and stock-proof fence, which appeared to be 
in good shape during the APHIS site visit. However, there was evidence 
of warthogs digging under the fence on both sides. Namibia's border 
with Angola did not have an adequate fence present between the two 
countries. However, a task force is currently in place to reestablish a 
fence along this border and Namibia has initiated its 10-year plan to 
erect a complete fence on the border with Angola with specific areas 
for animal entry. Namibia's long-term goal is to move the VCF to the 
Angolan border with the intention that the entire country, except the 
infected zone of eastern Caprivi, would be included in the FMD-free 
region. DVS feels that disease control in the country is assisted by 
the sparse human and animal population coupled with the long distances 
between settlements. The nearest part of the infected zone to the free 
zone is more than 200 kilometers (124 miles) away.
    DVS has a permanent fence team that patrols and repairs damage to 
the fences. The teams are in the field for two weeks every month. 
Security agents also patrol the border fence and report fence breaches. 
In addition, every 6 months there is a joint inspection along the 
entire border by Namibian and Batswana officials.
    For animals that originate from Angola, there are border entry 
points. At these entry points DVS examines the animals and cattle re 
vaccinated for CBPP and FMD prior to entry. The cattle are also branded 
as originating from Angola. Animals imported from Angola are mainly 
used for local slaughter or enter Namibia for seasonal grazing and then 
return to Angola. If the cattle are slaughtered in the buffer zone, the 
meat must stay in the buffer zone and cannot enter the free zone. In 
addition, these cattle cannot cross the VCF into the free zone.
Borders Within Namibia
    The surveillance and free zones in Namibia are bounded by natural 
and man-made borders. The western coast of Namibia consists of Atlantic 
coastline and a very harsh desert that effectively prevents all animal 
movement. As discussed above in the ``Background'' section above, 
within Namibia the surveillance and free areas are separated from the 
buffer and infected zones by the Veterinary Cordon Fence (VCF). This 
fence is designed to prohibit cloven-hoofed domestic and wild animals 
from moving into the FMD-free zone from the north; this movement 
restriction also stops any CBPP spread from north to south Namibia. In 
past years, Namibian officials have moved the VCF progressively 
northward, leaving old portions of the fence in place to control 
movements of animals and animal products in the event of an outbreak 
for a total of about 2,200 kilometers of old and current fence. DVS is 
aware that APHIS must be notified of any further plans for northward 
movement of the fence so that APHIS may reevaluate the region's risk.
    Namibia treats the VCF as if it were an international border for 
livestock purposes. The only way to pass through the VCF is through 
gateposts that have a roadblock at which vehicles are inspected. On 
major roads, the gateposts allow traffic movement, but are monitored 24 
hours a day by veterinary and police personnel who perform inspections 
to ensure that prohibited animals, meat, or meat products are not being 
brought into the free zone. The VCF consists of a northern fence, which 
is a 17- to 21-wire game-proof fence 2.4 meters in height, and a 
southern fence, which is an 8-wire stock-proof fence 1.4 meters in 
height. These fences are separated by 10 meters of dead space. The site 
visit team observed many kilometers of the fence and found it in good 
repair and of adequate structure to stop most animals. The site team 
did notice that warthogs could burrow under the fence, but this is 
likely not a major concern, as these animals are likely to be localized 
to the vicinity of the fence. However, as stated above, the fence is 
maintained by full-time repair crews that patrol the fence in search of 
damage from animals or humans.
    From 2000-2003, DVS recorded a number of breaches to the VCF, which 
included cuts made to the fence, cuts made for the movement of stolen 
vehicles, and smuggling of animals and animal products. Each of the 
cuts reported were repaired by patrol teams. Seven of the breaches 
involved individuals attempting to smuggle various animals or animal 
products, such as live cattle, goat meat, and cattle hides, through the 
fence. In each of these cases, appropriate remedial and enforcement 
action was taken.
    Namibia is adequately separated from other countries and regions by 
maintained game-proof fences, road blocks, and physical barriers such 
as deserts and rivers. These boundaries appear to be adequate as long 
as DVS maintains active control of border posts and continues 
maintenance of the stock- and game-proof fences.

Movement Controls and Biological Security

    In order to control cattle movement, an animal identification 
system has been put into place to identify and track all cattle in 
Namibia from farm to processing. Under the Stock Brands Act of 1995, 
each cattle owner has an individual brand mark and must brand all 
cattle 6 months of age and older with a registered brand that 
identifies the cattle's ownership and location. Livestock owners also 
must brand all purchased cattle within 30 days of procurement. Brands 
must be legible and are recorded on a movement permit as described 
below. Permits are required for various types of cattle movement, and 
any movement or sale of cattle requires rebranding and recording the 
event on stock cards and in DVS records. Through branding, stock cards, 
DVS records, and bar codes assigned to meat from slaughter to 
processing, Namibia can trace back animals. Under the current version 
of the Stock Brands Act, which was amended on March 29, 2004, and 
enacted on April 14, 2004, all small stock on all farms in Namibia must 
be identifiable by means of a readable tattoo and/or metal eartag 
bearing the registered brand mark of the owner when they reach 3 months 
of age or earlier if removed from the farm.

Import Controls

    Namibia imports fresh beef, mutton, pork, processed meat, and other 
animal products from various countries, including the Republic of South 
Africa.

[[Page 34542]]

In order to import animals and animal products into Namibia, a 
veterinary import permit and a health certificate are required. The 
permits are issued by the Deputy Director of Epidemiology and require 
that transport trucks or containers importing animal products and 
certain live animals be sealed. Namibia does not import domestic 
animals or animal products from FMD-or BSE-affected regions and does 
not permit animals vaccinated against FMD or certain products from 
these animals to enter the country.
    DVS currently has a registry system in place to track all imported 
animals from arrival to death and plans to add a component to this 
system that would ensure that each animal's cause of death is recorded. 
DVS also has plans to identify imported cattle, sheep, goats, and 
ostriches with unique identification eartags and brands and to 
institute a plan to ensure that imported cattle are tested for BSE 
after death. Animals or animal products entering Namibia from Windhoek 
International Airport without a permit are either destroyed or returned 
to the country of origin. DVS is currently creating a system to record 
these entry denials.

Export Controls

    Namibia has abattoirs that prepare and export meat and meat 
products. These abattoirs are supervised directly by government 
veterinary officials who are responsible for export certification. 
After arrival at the abattoir, cattle are examined for clinical signs 
of illness by veterinary staff. All animals also undergo an antemortem 
inspection during which they are specifically checked for signs or 
lesions suggestive of FMD and a postmortem inspection during which the 
feet and tongues are checked for FMD lesions. DVS receives monthly 
condemnation statements and summaries from export slaughter abattoirs. 
For more details on the slaughter process for exportable meat and meat 
products, see the section entitled ``Livestock Demographics and 
Marketing'' below.

Within Namibia

    DVS is authorized to control animal movements between farms, from 
farm to slaughter, and from farm to auction. If movement controls are 
not complied with, farmers' market access may be restricted. The State 
police work with DVS to enforce road blocks, control livestock 
movement, and, if needed, guard and isolate an infected area after an 
outbreak.
    In order to control animal movement, DVS requires the use of a 
veterinary movement permit when animals are moved between premises. 
Copies of these movement permits are kept in the veterinary office at 
the region of origin, with the owner, and with the consignment. A 
fourth copy is also sent to the veterinary office at the shipment's 
destination, which alerts the State veterinarian of the shipment. Each 
State veterinary office keeps movement records for each producer and 
summary statistics are compiled electronically at DVS headquarters. 
Also, any animals moved from the surveillance zone must have a ``red 
cross'' movement permit in addition to a 3-week quarantine at the 
destination farm. A red cross permit is a movement permit with a large 
red watermark to distinguish it from a regular movement permit. These 
permits are used when DVS needs to alert officials of certain 
conditions existing in the permit, such as quarantine at the 
destination farm or a sealed vehicle requirement for transportation.
    Animals in Namibia can be moved via livehaul conveyances, which are 
allowed free movement through the VCF gateposts and have no requirement 
for cleaning or disinfection prior to entry south of the VCF or into 
quarantine camps. This lack of requirements generally does not pose a 
risk much of the year because steel truck beds and the extremely hot 
and dry climate would likely eliminate the FMD virus. However, in the 
rainy season or in the presence of manure, the trucks could become a 
mechanical vector for FMD. The site visit team expressed its concern 
about this possibility, and in November 2004, DVS introduced a system 
for disinfecting trucks used for the transport of cattle into and out 
of quarantine camps in the areas north of the VCF. In areas south of 
the VCF, a system of registration of livestock transports has been 
introduced. Trucks transporting livestock to export abattoirs must be 
cleaned and disinfected before animals are loaded.
    Given this information, APHIS did not identify any significant risk 
pathways to consider Namibian animals or animal products as a likely 
source for introducing FMD into the United States.

Movement Across Borders

Borders With Other Countries
    Animals moving into Namibia are primarily imported from the 
Republic of South Africa; most of the imported cloven-hoofed game 
originates from the portion of the Republic of South Africa identified 
by the OIE as FMD-free. Namibia and the Republic of South Africa 
originally had a bilateral agreement allowing the importation of 
animals into Namibia under a Master Import Permit system, which 
resulted in DVS having incomplete records of animal and animal products 
movement from the Republic of South Africa during this time. However, 
this system was abandoned after the FMD outbreak in the Republic of 
South Africa in 2000 and all cloven-hoofed animals and their products 
being imported into Namibia were required to have import permits. After 
the outbreak was controlled, permits for low-risk products, such as 
dairy products and processed/cooked meats, were waived. Since the APHIS 
site team visit, DVS has finalized the system for issuing import 
permits for animals and animal products from the Republic of South 
Africa.
    Currently, for meat originating from the Republic of South Africa, 
officials may ask for a certificate verifying that the meat is entering 
the country in accordance with the agreement between Namibia and the 
Republic of South Africa. This agreement provides that the requirement 
for a permit varies with the amount of meat being imported. For 
example, shipments of meat less than 25 kilograms are allowed without a 
permit or health certificate if it is for home consumption, while 
shipments over 500 kilograms must have both an import permit and a 
health certificate.
    Animals from Angola primarily are brought into Namibia for 
slaughter, seasonal grazing, or breeding. Namibia's border with Angola 
has three entry points for individuals importing animals into Namibia: 
Oshikango, Ruacana, and Mahenene. At these points, DVS examines and 
vaccinates the cattle for CBPP and FMD before entry. After vaccination, 
the cattle from Angola are hot branded with an ``A'' and an arrow that 
indicates the year of the animal's vaccination. Although animals 
imported from Angola are not quarantined, they remain in the buffer 
zone and are not permitted to cross into the free zone; they can be 
returned to Angola and later reenter Namibia. If cattle are slaughtered 
in the buffer zone, the meat must remain in that zone.
    Small stock animals are not identified as originating from Angola 
and can easily mix with local animals and potentially move from the 
buffer zone to the areas south of the VCF. However, small stock from 
the buffer zone not going directly to slaughter would have to undergo 
two 3-week quarantines, one in the buffer zone and one at their 
destination, before entering the market in the free zone. In addition, 
with the placement of sentinels at quarantine stations, APHIS considers 
that any FMD concerns regarding Angolan small stock animals that may be 
sent south of the

[[Page 34543]]

VCF would be addressed. Also, as described in ``Movement Controls,'' 
Namibia requires identification for small stock, which will further 
mitigate the risk of infected small stock from Angola being moved south 
of the VCF.
    For imports from other countries, Namibia requires a permit for all 
animals and animal products. Namibia does not allow the importation of 
animals or animal products from regions under FMD restriction and 
cattle vaccinated against FMD are not imported. All imported cattle are 
permanently branded and not accepted for slaughter at export slaughter 
facilities. Cattle may be imported under a veterinary permit. At the 
time of the site visit, the only recent imports of live sheep, goats, 
and pigs into the free zone were from the area of Botswana that Namibia 
considers to be FMD-free. These animals once belonged to Namibians who 
were residing in Botswana before Namibia obtained independence and 
before the country required import permits and veterinary health 
certificates. There is also an import permit for game animals from 
Botswana.
    The site visit team also observed a vehicle inspection at the 
Oshivello gatepost, which is staffed 24 hours a day, 7 days a week. At 
Oshivello, individuals carrying meat products must cook it or dispose 
of it before entering Namibia. The gatepost personnel keep logbooks of 
contraband seizures and livestock movement.
    One land border post, the Transkalahari Customs post in Buitepos on 
the border of Botswana, was visited by the site team. The officials 
were aware and knowledgable of DVS requirements for animals and animal 
products entering Namibia. Permits and health certificates must be 
presented to officials for meat. Goods are declared voluntarily, but 
vehicles and luggage are searched if they are suspected of carrying 
contraband. Also, livestock and animal product conveyances are 
inspected and drivers are required to show movement permits.
    Game prizes and trophies must have an import permit. Customs 
officials stated that meat is confiscated, on average, about once a 
month and destroyed at a burn pit adjacent to the facility. For live 
animals, customs officials check the import permit, ensure that the 
vehicle seals are intact, and attempt to ensure that the animals meet 
the condition on the permit, although this inspection can be difficult 
as the animals are in the sealed vehicles. Customs officials are 
permitted to contact DVS to offload animals, but more often they unload 
the animals themselves and then replace the DVS seal with a Customs 
seal, if necessary.
    The site team also visited the Windhoek International Airport, 
which has incoming flights from Frankfurt, Munich, Capetown, Angola, 
Johannesburg, and Botswana. While there, they interviewed a Customs 
official who was not familiar with the duties of Namibian Customs. 
Although the official was aware that certain plant products must be 
confiscated, he lacked knowledge of animal products that should be 
confiscated or not allowed entry. In addition, the airport did not have 
signs displaying warning or guidance on animal products that were 
permitted or prohibited to enter Namibia. There were also no checks on 
the garbage offloaded from planes. Due to the disparity of knowledge 
between customs officers, DVS became involved in the training of 
customs officials on the requirements for the importation of animals 
and animal products. In addition, to further enhance the awareness of 
the import of animals and animal products, DVS advised State 
veterinarians, among other personnel, that attention should be given to 
departure airstrips from places such as lodges to ensure that people 
who are departing the area are acquainted with the danger and 
restrictions of transporting animal and animal products to the FMD-free 
zone. In addition, DVS received approval to establish 20 posts that 
will be staffed by veterinary port officials. These posts would be at 
main entry points. These veterinary port officials will oversee 
compliance with import requirements and notification of arrival of 
animals and products. Also, upon verification by DVS, the site visit 
team found that at the international airport in Windhoek, waste is 
either burned or dumped in a general dump at the airport complex. 
Private contractors are responsible for disposing of waste from planes, 
buses, and trains in Windhoek.
    Finally, as for sea ports, the site visit team inspected Walvis Bay 
on the Atlantic Ocean. Customs currently evaluates imports using a 
guideline called ``Consolidated List of Prohibited and Restricted 
Imports,'' which was originally created by Republic of South Africa 
officials, but hopes to have Namibian-specific guidelines in place 
soon. Namibian-specific guidelines have been developed and stakeholders 
are being provided the opportunity to comment prior to their 
implementation. Customs officials here check the waybills and manifests 
to ensure that the shipment matches information provided by the 
documents and to identify which ministry is responsible for the 
commodity's permit. Customs will also notify State veterinarian offices 
of any shipments that must be examined and will check before the 
shipment leaves the office that the State veterinarian has released the 
item. The port also processes skins received from north of the VCF in 
sealed containers, which the State veterinarian checks for intact seals 
and completed paperwork. Passenger ships mainly arrive from November to 
April; luggage is spot checked for animal and plant materials.
    International garbage entering Namibia is collected for disposal at 
various ports, including the Walvis Bay office described above. At 
Walvis Bay, a private company is contracted to collect the garbage and 
remove it to municipal dumps. It was not clear how or whether garbage 
was treated prior to disposal. The site visit team received conflicting 
reports about the handling of international food garbage and 
uncertainty existed about whether garbage was taken directly to the 
dump or if it was diverted to a pig farmer. As a result, the site team 
asked for a clarification of how international garbage is handled at 
Walvis Bay because of concerns that FMD could be introduced into the 
food chain in Namibia by animals scavenging unmonitored garbage dumps. 
DVS stated that international garbage disposal and removal is completed 
by an independent contractor who dumps the refuse in the municipal dump 
and then covers it with soil, which DVS and the Ministry of Health 
monitor.
    Due to the information above, a risk of animal disease incursion 
may exist in Namibia due to a lack of consistency at points of entry 
into Namibia regarding the entry of animal products. However, in 2003 
DVS issued a letter to the Director of Customs and Excise regarding 
animal and animal product control at international points of entry. DVS 
advised Customs officials of disparities on how animal products are 
handled and that a DVS official has been appointed to visit various 
entry points, evaluate control measures, and discuss relevant issues 
with all authorities to ensure compliance with Namibia's veterinary 
import requirements. DVS will also have the State veterinary staff 
visit entry points in their designated districts and become involved in 
the training of Customs officials. Also, as a result of the new 
structure for DVS, 20 veterinary port officials will be stationed at 
main entry points to enhance oversight of compliance with the 
importation requirements for animals and animal products.

[[Page 34544]]

Borders Between Zones Within Namibia
    As discussed above in the ``Background'' section, we are proposing 
to declare a certain region of Namibia, the area south of the VCF, as 
FMD-free. Cloven-hoofed animals moving from the infected zone to the 
buffer zone must undergo serological tests for FMD, test negative for 
the disease, and be quarantined for 3 weeks before entering the buffer 
zone. Police checkpoints exist throughout Namibia to check permits and 
papers, including those of livestock trucks, to ensure validity.
    For animals moving from the buffer zone into the free zone, various 
requirements are in place to prevent the spread of FMD south of the 
VCF. Live cattle are not permitted to be moved from the buffer zone to 
the free zone; game animals are permitted to move only after a 21-day 
quarantine. Cattle that are slaughtered in the buffer zone are 
inspected both ante- and post-mortem for FMD lesions. Beef from these 
animals is matured 24 hours and the pH must be below 6.0; the beef is 
then hard frozen. Carcasses are deboned and the lymphatics are removed. 
Meat must be produced at an approved abattoir and remain at the 
facility for 3 weeks in case of an undetected outbreak in the 
production area, especially in northern Namibia where no fences exist 
between Namibia and Angola. Meat products are then moved in sealed 
vehicles from the buffer zone to the free zone for local consumption or 
to the Republic of South Africa under permit. Beef sent to the free 
zone may be further processed, but each box of meat must have bar code 
identification so that traceback to the slaughterhouse and herd of 
origin can occur.
    More than 3,000 small stock, such as sheep and goats, were moved 
from the buffer zone to the free zone each year from 2000 to 2002. As 
of June 2003, 1,178 animals had been moved. Small stock animals 
originate from areas where cattle are not vaccinated for FMD and are 
quarantined in one of four quarantine stations in the buffer zone for 3 
weeks and then examined for signs of FMD. The site visit team visited 
one of these quarantine stations and found there was adequate isolation 
for the animals. Upon entry and exit of the station, the animals' 
mouths are inspected for signs of vesicular disease and observed for 
other FMD symptoms. However, the station contained much large, brushy 
vegetation, which may make the observation of mild FMD symptoms more 
difficult as such signs could be attributed to damage caused by the 
vegetation or missed. Small stock animals are not vaccinated or tested 
for FMD prior to movement, which may create a risk in moving an FMD-
positive animal into the free zone. However, in December 2003, DVS 
began using sentinel cattle during quarantine of small stock. Small 
stock are penned with seronegative cattle that are retested after 21 
days. Small stock are only released when test results are negative. 
Small stock that have completed the minimum 21-day quarantine and that 
are not destined for immediate slaughter are not released for an 
additional 90 days. The animals may be held at official quarantine 
facilities or at approved facilities at the farm of destination for the 
remainder of the quarantine period.
    At the farm of destination, a State veterinarian inspects the 
isolation facilities for the quarantined animals and then breaks the 
transport seals. For animals being quarantined on the farm of 
destination, quarantine must take place in a double-fenced quarantine 
facility or the entire farm is quarantined with the small stock 
restricted to an inside enclosure. Transport vehicles are cleaned and 
disinfected at the VCF and after unloading.
    Game animal products, such as elephant ears and hides, buffalo 
skulls and horns, hyena skins, and lion capes, are allowed to move 
south of the VCF under certain conditions. Untreated hides from 
quarantine abattoirs in Oshakati (buffer zone) and Katima Mulili 
(infected zone) can be moved into the free zone. However, untreated 
hides from any other locations must be dried and quarantined under 
veterinary supervision for 3 months before moving south of the VCF. In 
order to be transported into the VCF, hides must be accompanied by a 
permit and a red cross permit, travel in a sealed truck, and be packed 
in airtight containers sealed under veterinary supervision. After 
loading, untreated hides must proceed immediately to an approved 
tannery for supervised unloading and a State veterinary officer must be 
notified of their arrival. At the tannery, the seals are broken by the 
State veterinarian, who must ensure that the hides enter the tanning 
process, which deactivates any FMD. Treated hides must also be 
accompanied by movement and red cross permits and must be treated 
through a 3 month quarantine or a sodium carbonate treatment with a 1 
month quarantine. Treated hides and skins from Angola may only be taken 
to approved tanneries in Okapuka (free zone) or Nakara, but treated 
products from Namibia may move anywhere in the country after crossing 
into the free zone.
    The site team visited one of the quarantine facilities, the 
Bergvlug farm, as a representative quarantine facility. The quarantine 
manager lives just outside the facility's gate with his family, 
allowing for close supervision of the facility. Animals entering the 
facility are recorded by permit number, date of arrival, owner address, 
species, number of animals, period of quarantine, tariff, amount, and 
country of origin. Electric fences surround areas that hold small stock 
to prevent predator entry. The premises also has a laboratory for 
research animals and postmortem exams, an incinerator, and cleaning and 
disinfection equipment.
    Officials in Namibia have the authority, procedures, and 
infrastructure to enforce effectively the system of permits, 
inspection, quarantines, and treatments that the country has in place 
to control animals and animal products. APHIS did not identify any 
specific limitations in the system that might pose an FMD risk to the 
United States.

Livestock Demographics and Marketing Practices

    DVS conducts an annual census of all livestock in Namibia. The 
numbers of FMD-susceptible livestock in 2004 are listed in table 1.

                Table 1.--FMD-Susceptible Livestock, 2004
------------------------------------------------------------------------
                     Type of livestock                          Number
------------------------------------------------------------------------
Cattle.....................................................    2,349,700
Sheep......................................................    2,619,363
Goats......................................................    1,997,172
Swine......................................................      52,624
------------------------------------------------------------------------
Source: Namibian Government.

    In Northern Namibia, cattle farming is predominant, while in 
southern Namibia sheep farming is more common. In the free zone, 
livestock are maintained on privately owned farms except for a communal 
range area in the western part of the Omaruru State Veterinary 
district. In the buffer zone, livestock graze on communal land. 
Communal farming is largely used for sustenance.
    Swine production in commercial facilities in Namibia is small 
because feed must be imported from the Republic of South Africa. Due to 
the presence of African swine fever in Namibia, these facilities must 
be double fenced to decrease contact with warthogs that may be infected 
with that disease. These facilities are inspected annually by an animal 
health inspector. Namibian law prohibits feeding swine-origin material 
to swine and commercial

[[Page 34545]]

facilities do not feed swill to pigs. A small number of people purchase 
fattening pigs for Christmas for their own consumption. Although these 
individuals do not have to double fence their fattening pigs, they must 
slaughter the pigs by a certain date and obtain a permit to move the 
pigs to their premises. Wild game animals are prevalent in all regions 
of Namibia and are believed to be free of FMD as discussed in the 
``Disease History and Surveillance'' section above.
    The site visit team observed two farms in Namibia: A cattle/game 
farm and a sheep/game farm. At the cattle/game farm, the owner 
maintained monthly records on the number of deaths, births, and animals 
sent to slaughter as well as a head count. This farm had approximately 
1,600 head of cattle. The farm owner receives educational material on 
FMD from the farmers association and knew the procedure for contacting 
the State veterinarian and animal health inspectors. As for movement 
permits, the owner knew to request movement permits for cattle. The 
farm also holds game hunts in which trophies may be taken and the meat, 
which is dressed outside of the pasture area, is made into biltong for 
farm workers, family, and guests. All game for this farm is purchased 
from an area south of the VCF and any movement of these animals 
requires capture and movement permits, which are overseen by the Nature 
Conservancy. The game on this farm was not restocked and the population 
is controlled with hunting and sicknesses, such as plant poisoning.
    On the sheep/game farm, the owner had 1,500 Dorper sheep including 
lambs that are kept in fields year round. Lambs are kept for up to 5 
months before being sent to slaughter. The game at this farm included 
springbuck, oryx, and blue wildebeest. The farm's owner works closely 
with the Nature Conservancy with regard to the movement of animals, 
game censuses, culling, and night culling, which the farm uses to 
depopulate springbuck. Game animals are slaughtered at a mobile 
facility outside the pasture area where the head, legs, and intestines 
are removed from each animal. The animal is then stored and shipped in 
a cooling truck to an abattoir, where the hide is removed and the 
carcasses are prepared. The owner at this facility also kept detailed 
records of animal movement permits and all animal deaths of which he 
was aware; however, he usually finds only skeletal remains. The owner 
performs autopsies on any animal that dies on his premises.
    Livestock in Namibia can be sold at livestock auctions. Larger 
auction facilities are registered with the Animal Health Department. If 
an auction involves selling animals from more than one source, DVS will 
attend the auction, inspect the animals, issue movement permits, and 
collects permits, checking them for endorsements, brand marks, and 
animals in corrals. If any game animals are present at the auction, the 
Nature Conservancy must be present to oversee any sales. Auctions in 
the communal area can take place anywhere in the area as long as DVS is 
notified ahead of time to be present to inspect animal transactions and 
issue permits for animal movement. In addition, animal owners must 
present their stock card to DVS so DVS can record the ownership change 
and movement. DVS is not present for animal sales from personal 
property, but most buyers will travel to the State office to obtain a 
movement permit for the purchased animal.
    Some slaughterhouses in Namibia have feedlots, which are areas in 
which cattle can be held before they enter a slaughter line. These 
feedlots help ensure a steady slaughter line of animals. The APHIS team 
visited the Okapuka feedlot, which is owned by a Meatco abattoir. The 
feedlot purchases cattle ranging from 8 to 12 months of age from 
farmers, communal areas through permittees, and auctions all of which 
are located south of the VCF. The cattle generally remain on the 
premises for 3 months with each feedlot operating on an all-in, all-out 
policy. Upon arriving at the feedlot, all cattle are branded, 
eartagged, dipped, dewormed, and vaccinated for anthrax, several 
clostridial diseases, pasteurella, and infectious bovine 
rhinotracheitis. The cattle are also checked every day for signs of 
sickness; sick cattle are removed from the herd. Fifteen to twenty 
percent of the cattle at the lot are female. Cattle are pen fed on a 
mixed-ration diet that is completely vegetarian with no fish, poultry, 
or mammalian byproducts. The feedlot maintains records of arrival, 
departure, disease diagnosis, and death of each cattle.
    The site visit team also observed two abattoirs: The Farmer's Meat 
Packers and Meatco. Both of these facilities operate under the Hazard 
Analysis Critical Control Point System. The Farmer's Meat Packers 
facility slaughters goats, lamb, sheep, and small game with a maximum 
capacity of 1,500 sheep, 400 game animals, and 250 deboning of lamb and 
game animals per day. The facility slaughters approximately 1,200 sheep 
per day and only receives animals from farms that DVS annually 
inspects.
    All livestock animals entering the facility are already marked with 
identification indicating the preceding owners; this information is 
added to the arrival sheet. Upon entry, the animals are checked by the 
veterinary health inspector for symptoms or lesions and any 
difficulties are referred to the State veterinarian. All live animals 
are tagged with a scan tag, and animals that arrive dead or die after 
arrival are taken to the dump site, burned, and buried under the 
veterinary health inspector's supervision. If an animal dies after 
arrival under suspicious circumstances, tests are performed and the 
abattoir's veterinarian performs a necropsy, calling the State 
veterinarian if the cause of death could be contagious. Sheep from the 
same owner are marked. Paint marks are used if there is no other 
identifier on animal. After slaughter, tags (colored) are used to mark 
where new ownership begins and animals are tagged with a scan tag. The 
person who scans has a list of owners and the number of animals. The 
facility also has a high incidence form, which is completed when a 
large shipment has a 5 percent incidence or a small shipment has 10 
percent incident of listed conditions. The site visit team noticed that 
the form did not include vesicular diseases. Livestock animal carcasses 
are kept in chillers at 4 [deg]C for 24 hours and have a pH of about 
5.4 to 5.5, which is only checked if the importing country requires it. 
A representative from the Namibian Meat Board grades the meat. As for 
game animals, the facility does not slaughter live animals, but instead 
deals with carcasses after they have been culled at the ranch in 
origin. A separate cooler, exam area, and offloading area exist for 
game and the pH is not measured unless required by the importing 
country. Trucks leaving the facility are cleaned and washed prior to 
departure.
    Sheep and game are dressed separately on the same slaughter line. 
In between uses of game or sheep, the equipment is cleaned and checked 
by the VHI to ensure there was no mixed slaughtering. During work 
hours, individuals working in the clean area are not permitted to mix 
with the employees responsible for slaughter. These two groups have 
separate facilities, including during outdoor breaks. The surfaces of 
the slaughter line are cleaned between every 15 carcasses, and every 
day 50 samples are sent to the central laboratory for salmonella 
testing. The knives are changed constantly and sterilized before use. 
Condemned trimmings are taken to the facility's dump site for burning.

[[Page 34546]]

    Meatco, another abattoir visited by the site visit team, has four 
abattoirs: Two in the free zone, one in the buffer zone, and one in the 
infected zone. Meatco slaughters cattle, sheep, goats, and pigs. 
Ninety-nine percent of source farms, which are located south of the 
VCF, are on contract procurement from Meatco. Of the ovines 
slaughtered, 90 percent are lambs and 10 percent are older sheep.
    When a truck arrives at the facility, the truck is checked for a 
valid animal movement permit before offloading its animals. Once the 
animals are offloaded, inspectors examine the animals, collect movement 
permits, and enter data on the slaughter animal arrival record. For 
cattle, antemortem inspections take place in specially built pens with 
adequate room for cattle to be moved for a thorough examination. The 
running chute leading up to the holding pens also allowed for adequate 
animal inspection. After unloading, the trucks are washed to remove 
solid matter, which is verified by a guard who keeps a written record, 
but are not disinfected.
    Each month the facility sends four heads to the central laboratory 
for brain sampling. At the time of the site visit, no neurological 
conditions have been diagnosed by the abattoir. After beheading each 
carcass, matching tags are placed on the head and carcass of the 
animal, which stay in place until the carcass is graded. The tags are 
then removed and a bar code tag is placed on the carcass by which the 
bar code tag can be traced from incoming shipment to end-product boxes. 
A pallet tracing system is used to ensure consignments are shipped 
correctly and only two people have access to the tracking and loading 
system to ensure integrity. Carcasses are held in chillers at 7 [deg]C 
for 48 hours before they are deboned. Random pH tests in compliance 
with European Union requirements are performed on carcasses with a 
calibrated pH meter, which is calibrated before testing each carcass. 
For cattle, the pH is taken in two places, the forequarter and 
hindquarter, due to a possible 0.2 to 0.4 difference; the average pH is 
5.4 to 5.7. Sheep carcasses are also tested for pH levels. A 
veterinarian verifies the pH and temperature prior to movement out of 
the chiller and also inspects for any dark meat, which indicates 
stress, poor bleeding, or fever. If necessary, carcasses are rejected 
from export and used in the local market instead.
    In addition to commercial abattoirs, some villages in Namibia have 
bush abattoirs, some of which slaughter only one to two animals per 
day. These abattoirs can be sources of surveillance information. DVS 
was in the process of training personnel at these abattoirs.
    APHIS did not identify any factors in this category that might pose 
a risk to the United States if animals or animal products are imported 
from Namibia.

Detection and Eradication of Disease

    If an FMD outbreak does occur, DVS has an emergency response plan 
in place that includes notifying a reporting list, which includes 
trading partners, within 24 hours of an outbreak. The plan stresses 
early detection and reporting and includes training for both farmers 
and DVS staff so that an outbreak can be detected in its early phases. 
The plan also includes protocols for sampling and diagnostic 
submissions as well as disinfection and biosecurity and a public 
awareness strategy to quickly communicate restrictions and stoppages of 
all animals and animal products. Emergency equipment is stored in the 
Otjiwarango office, which is centrally located, and State veterinarians 
have instructions to establish animal movement restrictions, disease 
containment, quarantines, road blocks, and buffer and surveillance 
zones around the outbreak. In addition, contingency funding plans for 
the immediate mobilization of 300 military personnel have been approved 
by the Ministry.
    Given the geography of the free zone, which includes limited 
roadways with almost uniform division of the area by game and stock 
fences, the authority for compulsory vehicle stoppage at roadblocks, 
the strong public awareness of FMD, mandatory reporting, and routine 
field inspections, APHIS concluded that an FMD outbreak likely would be 
detected and responded to quickly. A recent FMD outbreak in the 
infected zone was quickly controlled by DVS using the system above. 
Namibia has a well planned, documented, and readily implemented 
emergency response system to rapidly identify and respond to an FMD 
outbreak. Based on the above factors, APHIS considers the likelihood of 
an FMD outbreak occurring in Namibia to be low.

Certification Requirements

    We are proposing to add Namibia, excluding the region north of the 
VCF, 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. 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 (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.
    As previously noted, Namibia shares land borders with Botswana, 
Angola, and the Republic of South Africa, all of which have experienced 
recent FMD outbreaks. A portion of Namibia, the infected zone, is also 
considered affected with FMD. In addition, from 2000-2002, Namibia 
imported fresh beef, mutton, and pork from several countries the United 
States considers affected with FMD. Namibia also imported cooked and 
uncooked processed meat from the Republic of South Africa under the 
condition that the meat be cooked to a core temperature of 70 [deg]C 
for 30 minutes, which is not as long as the time required in Sec.  94.4 
of the regulations for cooked meat from regions where FMD exists. 
Namibia also imports unprocessed hides and skins of ungulates or parts 
thereof, trophies, wool, and hair, all of which must be treated in 
accordance with the veterinary health certificate requirements. Namibia 
trades these items with countries the United States considers affected 
with FMD and some of the treatment requirements are not as restrictive 
as those of the United States. Finally, Namibia also imports milk and 
milk-based products from regions the United States does not consider as 
FMD-free. Thus, even though we are proposing to declare a region of 
Namibia free of FMD, there is a risk that animals or animal products 
originating in that region of Namibia may be commingled with animals or 
animal products originating in an FMD-affected region.
    This action would relieve certain restrictions due to FMD and 
rinderpest on the importation of live animals, germplasm, and animal 
products from the region of Namibia south of the VCF. However, because 
we consider Namibia to be affected with other animal diseases that are 
exotic to the United States, the importation of live ruminants and 
germplasm would continue to be restricted. In addition, because we 
consider Namibia as affected with African swine fever, classical swine 
fever, and swine vesicular disease, the importation of live swine and 
pork and pork products would continue to be restricted. All other meat 
and meat products imported into the United States from Namibia would be 
required to meet the requirements of Sec.  94.11.

[[Page 34547]]

    Under Sec.  94.11, meat and other animal products of ruminants and 
swine, including ship stores, airplane meals, and baggage containing 
these meat or animal products, may not be imported into the United 
States except in accordance with Sec.  94.11 and the applicable 
requirements of the U.S. Department of Agriculture's Food Safety and 
Inspection Service at 9 CFR chapter III.
    Section 94.11 generally requires that the meat and other animal 
products of ruminants and swine be: (1) Prepared in an inspected 
establishment that is eligible to have its products imported into the 
United States under the Federal Meat Inspection Act; and (2) 
accompanied by an additional certificate, issued by a full-time 
salaried veterinary official of the national government of the 
exporting region, assuring that the meat or other animal products have 
not been commingled with or exposed to meat or other animal products 
originating in, imported from, transported through, or that have 
otherwise been in a region where rinderpest or FMD exists.

Conclusion

    We have concluded that the Namibian Government has the laws, 
policies, and infrastructure to detect, respond to, and eliminate any 
reoccurrence of FMD. These findings are described in further detail in 
a risk analysis that may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT and may be viewed on the Internet at http://www.aphis.usda.gov/vs/ncie/reg-request.html by following the link for 
``Information previously submitted by Regions requesting export 
approval and their supporting documentation.'' The objective of the 
risk analysis is to evaluate the likelihood of introducing FMD virus 
into the United States through the importation of FMD-susceptible 
species and products. APHIS could identify no risk factors currently 
applicable to Namibia that would justify keeping the region of Namibia 
south of the VCF from the list of regions APHIS considers as FMD free.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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 proposed rule would amend the regulations in Sec.  94.1 to 
list Namibia as a region free of rinderpest and the region of Namibia 
south of the VCF as a region free of FMD. However, since Namibia 
borders on and trades with regions that the United States does not 
recognize as free of FMD and because its importation standards are less 
stringent than those of the United States, we are also proposing to 
list the region of Namibia south of the VCF in Sec.  94.11 as a region 
subject to the additional certification requirements of that section.
    It should be noted that Namibia is not currently eligible to export 
ruminant meat products to the United States under the FSIS regulations 
cited earlier in this document; there would, therefore, be no economic 
effects on U.S. entities until establishments in Namibia were approved 
to export ruminant meat and other products to the United States. The 
following analysis examines the potential economic impacts of the 
proposed changes in the regulations that could occur if this proposed 
rule were implemented and establishments in Namibia were approved to 
export under the FSIS regulations.
    Namibia produces and internationally trades in beef, sheep, goat, 
and game meat. Namibia produced 134 million pounds of beef in 2004 and 
exported an average of 59.2 million pounds of beef and veal per year 
between 1994 and 2003. The country has established trading 
relationships with the Republic of South Africa and several western 
European countries. Namibia also produced 29.6 million pounds of 
mutton, lamb, and goat meat in 2003 and exported an average of 5.73 
million pounds per year between 1994 and 2003, with most exports going 
to the Republic of South Africa. Namibia produced 8.8 million pounds of 
game meat in 2003.
    Namibia's agricultural trade with the United States is small. In 
2003, Namibia exported agricultural products worth a total $199,000, of 
which $21,000 was for hides and skins, and imported $5.443 million 
worth of agricultural products, of which $40,000 was for beef and veal. 
(Sources: FAO, FAOSTAT, 2004; UN/FAO, FAOSTAT Data, 2004; Hilda 
Hampweya, April 2005, personal communication, Namibia Division of Trade 
and Statistics.)
    Possible economic effects of imports from Namibia would differ for 
beef and for sheep and goat meat imports. For beef imports, 
approximately 22 million pounds of beef may be imported annually from 
Namibia as a result of the proposed rule, based on data collected from 
the Central Bureau of Statistics-Trade Statistics Division of Namibia. 
Based on 10-year average U.S. domestic supply, an import of about 22 
million pounds of beef would result in a price decrease of less than 
$0.002 per pound at the wholesale level. If 50 percent of Namibia's 10-
year average beef exports (29.6 million pounds) were diverted to the 
U.S. market, the result would be a price decline of only $0.0024 per 
pound (Table 2).
    As for sheep and goats, the estimated potential exports to the 
United States of these meats are about 15.43 million pounds per year 
according to data collected from the Central Bureau of Statistics-Trade 
Statistics Division of Namibia. If this supply were realized, U.S. 
sheep and goat meat prices could decline and sheep producers could be 
negatively affected, as the above figure represents about 4.35 percent 
of U.S. domestic supply. This could result in a price decline of $0.07 
per pound (Table 2). However, it is questionable whether Namibia would 
have the capacity to export this amount and maintain its trade with its 
established South African and European markets. Although several 
markets in the European Union are accessible to Namibia, the Republic 
of South Africa continues to be its major trading partner. Namibia 
exported 15.66 million pounds of sheep and goat meat to all countries 
in 2003, so to meet this goal of 15.43 million pounds exported to the 
United States, nearly all of the current exports would have to be 
diverted. Between 1994 and 2003, Namibian exports of sheep and goats 
have fluctuated, with a negative export growth rate in every year 
except for four: 1995, 1998, 1999, and 2001. The impact is not as large 
when based on the 10-year average quantity exported of 5.73 million 
pounds. Assuming this level of export to the United States, the 
estimated decline in price is between $0.02 and $0.03 per pound.

[[Page 34548]]



                         Table 2.--The Impact of the Importation Of Beef, Sheep, and Goat Meat From Namibia to the United States
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Beef                                         Sheep and goat meat
                                               ---------------------------------------------------------------------------------------------------------
                                                                                          Domestic                                             Domestic
  Percentage diverted to the U.S. market \1\                                Decline in    producer                               Decline in    producer
                                                   Million     Change in      price         loss        Million     Change in      price         loss
                                                   pounds      price  (%)    (cents/     (millions      pounds      price  (%)    (cents/     (millions
                                                                              pound)       of $)                                   pound)        (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
10............................................          5.92      -0.0291      -0.0483      -11.902         0.573       -0.231       -0.261       -0.435
20............................................         11.84      -0.0582      -0.0966      -23.795         1.146       -0.461       -0.521       -0.871
40............................................         23.68      -0.1164      -0.1932      -47.586         2.293       -0.922       -1.042       -1.742
50............................................         29.6       -0.1454      -0.2414      -59.479         2.865       -1.153       -1.303       -2.177
Designated....................................      \2\22.05      -0.1083      -0.1799      -44.309     \2\15.43        -6.209       -7.016      -11.725
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The percentages are based on the 10-year average exports: 59.2 million pounds for beef and 5.73 million pounds for sheep and goat meat.
\2\ Denotes the estimated amount indicated by Namibian Agricultural specialists and the industry as being available for export to the United States.

    The impacts depicted in Table 2 are further considered in terms of 
effects for large and small entities in Table 3 (beef producers) and 
Table 4 (sheep and goat producers). In each case, impacts at various 
import levels are apportioned between large and small establishments by 
inventory share, according to the 2002 Census of Agriculture. Average 
effects per establishment are calculated based on numbers of large and 
small establishments with reported sales (2002 Census of Agriculture). 
As shown in Table 3, if Namibia were to divert to the United States 
22.05 million pounds of beef exports per year, as projected by that 
country's agricultural specialists, the average annual decline in 
revenue for U.S. small entities would be about $28. Similarly, if 15.43 
million pounds of sheep and goat meat exports per year were diverted to 
the United States, as projected by Namibia, the average annual decline 
in revenue for U.S. small entities would be about $108.

                      Table 3.--Potential Effects for Large and Small Beef Cattle Producers
----------------------------------------------------------------------------------------------------------------
                                                             Large \2\                       Small \2\
                                   U.S. producer ---------------------------------------------------------------
 Percentage diverted to the U.S.   revenue loss    Revenue loss       Average      Revenue loss       Average
           market \1\              (millions of    (millions of    revenue loss    (millions of    revenue loss
                                        $)              $)              ($)             $)              ($)
----------------------------------------------------------------------------------------------------------------
10..............................         -11.902          -5.571            -860          -6.331              -8
20..............................         -23.795         -11.138          -1,719         -12.657             -15
40..............................         -47.586         -22.275          -3,437         -25.311             -30
50..............................         -59.479         -27.642          -4,265         -31.637             -38
Designated......................         -44.309         -20.741          -3,200         -23.568            -28
----------------------------------------------------------------------------------------------------------------
\1\ The percentages are based on the 10-year average exports: 59.2 million pounds for beef and 5.73 million
  pounds for sheep and goat meat.
\2\ Revenue losses to large and small establishments are distributed according to inventory share (46.81 percent
  for large and 53.19 percent for small establishments). Averaged revenue losses are calculated by dividing by
  the number of establishments (845,490 and 6,481 for small and large establishments, respectively).


                    Table 4.--Potential Effects for Large and Small Sheep and Goat Producers
----------------------------------------------------------------------------------------------------------------
                                                             Large \2\                       Small \2\
                                   U.S. producer ---------------------------------------------------------------
 Percentage diverted to the U.S.   revenue loss    Revenue loss       Average      Revenue loss       Average
           market \1\              (millions of    (millions of    revenue loss    (millions of    revenue loss
                                        $)              $)              ($)             $)              ($)
----------------------------------------------------------------------------------------------------------------
10..............................          -0.435          -0.114            -765          -0.321              -4
20..............................          -0.871          -0.229           1,537          -0.642              -8
40..............................          -1.742          -0.458          -3,074          -1.284             -16
50..............................          -2.177          -0.573          -3,846          -1.604             -20
Designated......................         -11.725          -3.084         -20,698          -8.641           -108
----------------------------------------------------------------------------------------------------------------
\1\ The percentages are based on the 10-year average exports: 59.2 million pounds for beef and 5.73 million
  pounds for sheep and goat meat.
\2\ Revenue losses to large and small establishments are distributed according to inventory share (26.3 percent
  for large and 73.7 percent for small establishments). Average revenue losses are calculated by dividing by the
  number of establishments (80,443 and 149 for small and large establishments, respectively).

    According to the size standards established by the Small Business 
Administration (SBA) for livestock and animal specialties, producers of 
cattle and calves (North American Industry Classification System 
[NAICS] code 112111), game animal (NAICS 112990), sheep (NAICS 112410) 
and goat (NAICS 112420) producers with not more than $750,000 annual 
sales qualify as small entities. Based on data from the 2002 Census of 
Agriculture, 851,971 operations in the U.S. raised and sold 73 million 
cattle and calves in 2002. Small operations (over 99 percent of the 
farms) had an average of 68 cattle and an average income of $24,067, 
well below the SBA criterion of $750,000 in annual sales for businesses 
primarily engaged in cattle farming. Large operations had an annual 
income of $3,821,440. Similarly, over 99 percent of sheep and goat 
producers (80,443) are small. Small sheep and lamb producers had an

[[Page 34549]]

average income of $7,520, while large ones had an average income of 
$1.042 million.
    Meat packing establishments (NAICS 311611), and meat and meat 
product wholesale traders (NAICS 422470) might be affected (Source: 
U.S. Census Bureau, 1997 Economic Census, Wholesale Trade-Subject 
Series, August 2000). Under SBA standards, meat packing establishments 
with no more than 500 employees and meat and meat product wholesale 
traders with no more than 100 employees are considered small. In 1997, 
there were 1,393 companies in the United States that processed and sold 
meat. More than 95 percent of these establishments are considered to be 
small entities and had average sales of $9.7 million, while large meat 
packers had average sales of $603 million. In 1997, there were total of 
3,150 meat and meat product wholesale traders in the United States 
(Source: SBA and 1997 Economic Census). Of these establishments, 3,084 
(97.9 percent) employed not more than 100 employees and are, thus, 
considered small by SBA standards. Small wholesalers had average sales 
of $8.85 million, while large entities had average sales of $348 
million. Thus, predominant numbers of producers, packers and wholesale 
traders are considered to be small by SBA standards. Average sales of 
even the smallest packers and wholesalers are large compared to the 
quantities expected to be imported from Namibia. Furthermore, any 
impact on these entities would likely be positive since imports would 
increase the supply.
    We have only limited information with regard to the production, 
demand, price, trade of game meat, or the number of small entities 
involved in these businesses. We welcome any information that the 
public may offer in this area.
    The only alternative to the proposed rule would involve not 
changing the current regulations regarding the importation of beef, 
sheep, and goat meat and game meat from Namibia. This alternative would 
not meet the needs of importers who are attempting to establish a new 
source of supply for red meat and would deny both businesses and 
consumers the benefits of widened choices. The proposed rule provides 
the safeguarding measures appropriate to the risk associated with 
importation of this type of animal product. The proposed rule also 
enhances a positive trade environment between Namibia and the United 
States. We note again that Namibia is not currently eligible to export 
ruminant meat products to the United States under the FSIS regulations 
cited earlier in this document; there would, therefore, be no economic 
effects on U.S. entities until establishments in Namibia were approved 
to export ruminant meat and other products to the United States.
    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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed 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 propose to amend 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL 
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

Sec.  94.1  [Amended]

    2. Section 94.1 would be amended as follows:
    a. In paragraph (a)(2), by adding the words ``Namibia (excluding 
the region north of the Veterinary Cordon Fence),'' after the word 
``Mexico,''.
    b. In paragraph (a)(3), by removing the words ``The Republic'' and 
adding the words ``Namibia and the Republic'' in their place.


Sec.  94.11  [Amended]

    3. In Sec.  94.11, paragraph (a) would be amended by adding the 
words ``Namibia (excluding the region north of the Veterinary Cordon 
Fence),'' before the words ``The Netherlands''.

    Done in Washington, DC, this 8th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-5440 Filed 6-13-06; 8:45 am]
BILLING CODE 3410-34-P