[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68478-68480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30668]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2008-0147]


Change in Disease Status of the Republic of Korea With Regard to 
Foot-and-Mouth Disease and Rinderpest

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to add the Republic of Korea 
to the list of regions that are considered free of rinderpest and foot-
and-mouth disease (FMD). We are taking this action because we have 
conducted an evaluation and determined that the Republic of Korea is 
free of rinderpest and FMD. We are also adding the Republic of Korea to 
the list of regions that are subject to certain import restrictions on 
meat and meat products because of their proximity to or trading 
relationships with rinderpest- or FMD-affected countries. These actions 
will update the disease status of the Republic of Korea with regard to 
rinderpest and FMD while continuing to protect the United States from 
an introduction of those diseases by providing additional requirements 
for meat and other animal products imported into the United States from 
the Republic of Korea.

DATES: Effective Date: January 12, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Julia Punderson, Senior Staff

[[Page 68479]]

Veterinarian, Regionalization Evaluation Services, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of certain animals and animal 
products into the United States in order to prevent the introduction of 
various communicable 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 is considered to exist 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 are subject to certain restrictions 
because of their proximity to or trading relationships with rinderpest 
or FMD-affected regions.
    On March 30, 2009, we published in the Federal Register a 
proposal\1\ (74 FR 14093-14097, Docket No. APHIS-2008-0147) to amend 
the regulations by adding the Republic of Korea (South Korea) to the 
list in Sec.  94.1 of regions declared free of FMD and rinderpest. We 
also proposed to add the Republic of Korea to the list in Sec.  94.11 
of regions that are declared to be free of these diseases, but that are 
subject to certain restrictions because of their proximity to or 
trading relationships with rinderpest or FMD-affected regions. In 
addition, we published a notice of availability of an environmental 
assessment (74 FR 17115) on April 14, 2009 (see footnote 1).
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    \1\ To view the proposed rule, the risk evaluation, the 
environmental assessment and notice, and the finding of no 
significant impact, go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0147).
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    We solicited comments concerning our proposal for 60 days ending 
May 29, 2009. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule, without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule relieves 
certain rinderpest and FMD-related restrictions on the importation into 
the United States of ruminants, or fresh (chilled or frozen) meat or 
other products of ruminants, from the Republic of Korea. We have 
determined that approximately 2 weeks are needed to ensure that APHIS 
and Department of Homeland Security, Bureau of Customs and Border 
Protection, personnel at ports of entry receive official notice of this 
change in the regulations. Therefore, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this rule 
should be effective 15 days after publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This rule amends the regulations by adding the Republic of Korea to 
the list of regions considered to be free of rinderpest and FMD. This 
action, which was requested by the Republic of Korea, follows a risk 
assessment conducted by APHIS concluding that the Republic of Korea is 
free of both diseases and has the veterinary infrastructure in place to 
detect and effectively eradicate the diseases if necessary. The effect 
of the rule will be to remove certain rinderpest and FMD-related 
prohibitions and restrictions on the importation into the United States 
of ruminants, or fresh (chilled or frozen) meat or other products of 
ruminants, from the Republic of Korea. APHIS imposes such restrictions 
because an FMD or rinderpest outbreak in the United States has the 
potential for severe economic consequences. Although imports of swine 
and swine products typically would be allowed under APHIS' FMD and 
rinderpest regulations, those commodities are not eligible for 
importation from the Republic of Korea due to USDA regulations designed 
to prevent the introduction of diseases other than FMD and 
rinderpest.\2\
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    \2\ APHIS' risk evaluation states that the animal health status 
of swine for diseases other than FMD has not been evaluated. In the 
absence of a favorable evaluation, live swine and swine-derived 
products will not be eligible to be imported from the Republic of 
Korea.
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    We do not anticipate that changing the FMD and rinderpest status of 
the Republic of Korea will have a significant economic impact on a 
substantial number of U.S. entities, large or small, because the volume 
of currently prohibited/restricted animals and animal products imported 
into the United States from the Republic of Korea is likely to be very 
small relative to overall U.S. supply of those commodities (production 
and net imports from all foreign sources). There are several reasons 
for this. First, the volume of U.S. imports from the Republic of Korea 
prior to March 20, 2000 (the date the Republic of Korea was removed 
from the list of regions considered to be free of FMD and rinderpest) 
was negligible. During the 3-year period from 1997 to 1999, the United 
States did not import any reportable amounts of ruminants or fresh 
(chilled or frozen) meat or other products of ruminants from the 
Republic of Korea, other than 1.3 metric tons of dairy products in 
1998.
    Second, the Republic of Korea produces less beef, milk, and pork 
than it consumes, and is therefore a net importer of these commodities. 
Given this fact, there will likely not be a significant volume of 
exports of those commodities to the United States.
     Finally, APHIS' staff expects that Hanwoo beef, a premium-priced 
specialty meat produced from Korean native cattle, is likely to be the 
Republic of Korea's primary export to the United States. Because of its 
premium price, the market for Hanwoo beef is limited; it is likely to 
be sold to a niche market, such as Korean restaurants in the United 
States.
    Importers, brokers, and others interested in importing Hanwoo beef, 
as well as restaurants intending to serve that product, are the U.S. 
entities most likely to be affected by the rule. They stand to benefit 
from the increased business activity. The number of these entities is 
unknown but it is likely to be very small, given the expected limited 
market for Hanwoo beef in the United States. The size of these entities 
is also unknown, although it is reasonable to assume that, as with U.S. 
businesses in general, most are small under the standards of the U.S. 
Small Business Administration. Therefore, this action should have no 
noticeable effect on U.S. beef producers, given the expected limited 
demand for Hanwoo beef.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Has no retroactive effect and (2) 
does not require administrative proceedings

[[Page 68480]]

before parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this final rule. The environmental assessment 
provides a basis for the conclusion that the removal of certain 
rinderpest and FMD-related prohibitions and restrictions on the 
importation into the United States of ruminants, or fresh (chilled or 
frozen) meat or other products of ruminants, from the Republic of Korea 
will not have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) 
regulations of the Council on Environmental Quality for implementing 
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 
Implementing Procedures (7 CFR part 372).
    The environmental assessment and finding of no significant impact 
may be viewed on the Regulations.gov Web site.\3\ Copies of the 
environmental assessment and finding of no significant impact are also 
available for public inspection at USDA, room 1141, South Building, 
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. 
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing 
to inspect copies are requested to call ahead on (202) 690-2817 to 
facilitate entry into the reading room. In addition, copies may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
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    \3\ See footnote 1.
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Paperwork Reduction Act

    This final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 94

     Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

0
Accordingly, we are amending 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE 
DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE 
VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED 
AND RESTRICTED IMPORTATIONS

0
1. The authority citation for part 94 continues 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]

0
2. In Sec.  94.1, paragraph (a)(2) is amended by adding the words 
``Republic of Korea,'' after the word ``Japan,''.


Sec.  94.11  [Amended]

0
3. In Sec.  94.11, paragraph (a) is amended by adding the words 
``Republic of Korea,'' after the word ``Japan,''.

    Done in Washington, DC, this 16\th\ day of December 2009.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-30668 Filed 12-24-09: 12:36 pm]
BILLING CODE: 3410-34-S