[Federal Register: December 17, 2002 (Volume 67, Number 242)]
[Rules and Regulations]
[Page 77148-77152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de02-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-018-4]
Change in Disease Status of Great Britain With Regard to Foot-
and-Mouth Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations governing the importation of
certain animals, meat, and other animal products by adding Great
Britain (England, Scotland, Wales, and the Isle of Man) to the list of
regions considered free of rinderpest and foot-and-mouth disease (FMD)
and to the list of regions subject to certain import restrictions on
meat and animal products because of their proximity to or trading
relationships with rinderpest- or FMD-affected regions. This final rule
follows an interim rule that removed Great Britain and Northern Ireland
from those lists due to detection of FMD in those regions. Based on the
results of an evaluation of the current FMD situation in Great Britain,
which took into account, among other things, that Great Britain has met
the standards of the Office International des Epizooties for being
considered to be free of FMD, we have determined that Great Britain can
be added to the list of regions considered free of FMD. This rule
relieves certain FMD-related prohibitions and restrictions on the
importation of ruminants and swine and fresh (chilled or frozen) meat
and other products of ruminants and swine into the United States from
Great Britain.
EFFECTIVE DATE: December 17, 2002.
FOR FURTHER INFORMATION CONTACT: Dr. Anne Goodman, Supervisory Staff
Officer, Regionalization Evaluation Services Staff, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation of certain animals and animal
products into the United States in order to prevent the introduction of
various animal diseases, including rinderpest and foot-and-mouth
disease (FMD). These are dangerous and destructive communicable
diseases of ruminants and swine. Section 94.1 of the regulations lists
regions of the world that are considered free of rinderpest or free of
both rinderpest and FMD. Rinderpest or FMD is considered to exist in
all parts of the world not listed. Section 94.11 of the regulations
lists regions of the world that the Animal and Plant Health Inspection
Service (APHIS) has determined to be free of rinderpest and FMD, but
from which importation of meat and animal products into the United
States is restricted because of the regions' proximity to or trading
relationships with rinderpest- or FMD-affected regions.
In an interim rule effective January 15, 2001, and published in the
Federal Register on March 14, 2001 (66 FR 14825-14826, Docket No. 01-
018-1), we amended the regulations by removing Great Britain (England,
Scotland, Wales, and the Isle of Man) and Northern Ireland from the
list of regions considered to be free of rinderpest and FMD. (The
Federal Register published a correction (66 FR 18357) to the interim
rule on April 6, 2001.) That interim rule was necessary because FMD had
been confirmed in those regions. The effect of the interim rule was to
prohibit or restrict the importation of any ruminant or swine and any
fresh (chilled or frozen) meat and other products of ruminants or swine
into the United States from Great Britain and Northern Ireland.
Although we removed Great Britain and Northern Ireland from the
list of regions considered to be free of rinderpest and FMD, we
recognized in the interim rule that the appropriate authorities had
responded to the detection of FMD by imposing restrictions on the
movement of ruminants, swine, and ruminant and swine products from FMD-
affected areas; by conducting heightened surveillance activities; and
by initiating measures to eradicate the disease. We stated that we
intended to reassess the situation in those regions at a future date in
the context of Office International des Epizooties (OIE) standards, and
that as part of that reassessment process, we would
[[Page 77149]]
consider all comments received regarding the interim rule.
Additionally, we stated in the interim rule that the future
reassessments would enable us to determine whether it was necessary to
continue to prohibit or restrict the importation of ruminants or swine
and any fresh (chilled or frozen) meat and other products of ruminants
or swine from Great Britain and Northern Ireland, or whether we could
restore Great Britain and Northern Ireland to the list of regions in
which FMD is not known to exist, or regionalize portions of Great
Britain or Northern Ireland as FMD-free.
On January 9, 2002, we published a final rule in the Federal
Register (67 FR 1072-1074, Docket No. 01-031-3) in which we restored
Northern Ireland (as well as the Netherlands) to the list of regions
considered to be free of rinderpest and FMD and to the list of regions
subject to certain import restrictions on meat and animal products
because of their proximity to or trading relationships with rinderpest-
or FMD-affected regions. The action with respect to Northern Ireland
and the Netherlands was based on the results of an evaluation of the
FMD situation in those regions, which took into account, among other
things, that each region met the standards of the OIE for being
considered to be free of FMD.
On July 16, 2002, we published a notice in the Federal Register (67
FR 46628-46629, Docket No. 01-018-2) in which we advised the public of
the availability of an evaluation that we had prepared concerning the
FMD disease status of Great Britain. (We published a correction (67 FR
54164, Docket No. 01-018-3) to that notice on August 21, 2002.) The
evaluation, entitled ``APHIS Evaluation of FMD Status of Great Britain
(England, Scotland, Wales, and the Isle of Man)'' (May 2002), assessed
the FMD status of Great Britain and the related disease risks
associated with importing animals and animal products into the United
States from Great Britain.
We solicited comments concerning the evaluation for 60 days ending
September 16, 2002, and received 10 comments by that date. The comments
were submitted by animal breeders and producers, an animal breeders'
association, national beef and pork industry associations, and
artificial insemination businesses. Seven of the 10 commenters
supported restoring Great Britain to the list of FMD-free regions and
relieving certain prohibitions and restrictions on the importation of
animals and animal products into the United States from Great Britain.
The other comments are discussed below.
One commenter expressed concern that the European Union (EU) is
reportedly willing to accept the risk of an outbreak of FMD once every
10 years. The commenter asked what level of FMD risk is acceptable to
the United Kingdom, and what actions the United Kingdom was taking to
achieve that level of risk.
There is no research of which we are aware, and the commenter did
not make reference to any specific report, that indicates that the EU
or the United Kingdom is willing to accept the risk of an outbreak of
FMD under any circumstances. Regardless of the level of risk that any
individual country might be willing to accept, we prepare risk
assessments based on our own standards. Our evaluation of Great
Britain's eradication and control efforts, including site visits that
are detailed in a document that is available to the public (see
following section, ``Status of Great Britain''), clearly shows that
Great Britain has implemented effective measures to prevent further
outbreaks of FMD.
Two commenters stated that, given the delay in diagnosis of FMD in
Great Britain during the outbreak in 2001, education regarding the
importance of early reporting of suspicious disease situations is
advisable. The commenter inquired whether APHIS had any information
about any such continuing educational efforts in Great Britain.
The United Kingdom's Department for Environment, Food, and Rural
Affairs (DEFRA) maintains a Web site (http://www.defra.gov.uk/footandmouth
) that offers information about, among other things, the
disease and the 2001 outbreak, government restrictions and control
measures, and precautions that farmers can take to avoid future
outbreaks, including looking for early signs of disease. This
information, made readily available to the public, through the internet
and other media, demonstrates the commitment of the government of the
United Kingdom to maintaining a high level of awareness and education
regarding FMD.
One commenter wanted to know if we have received information about
the compliance of former swill feeding operations with the swill
feeding ban that was enacted by the United Kingdom in May 2001.
The ban on swill feeding is an important mitigating measure for the
prevention of FMD, and DEFRA has initiated enforcement measures to
ensure compliance with the ban. For 12 months following the
implementation of the ban, local authorities, in cooperation with the
Chief Veterinary Officer of DEFRA, visited all former swill feeders.
The visits occurred at 2 weeks, 1 month, 2 months, 6 months, and 12
months. During those 12 months, many of the former swill feeders gave
up pig production altogether. The swill feeding operations that
remained were thoroughly inspected to ensure that they had changed
their feeding regimes in compliance with the ban. Local authorities
took feed samples at any swill feeding operation that they suspected
was using meat or meat products in their feed. The necessary
enforcement measures, up to and including prosecution, were taken in
all cases of non-compliance with the ban. These non-compliant swill
feeding operations continue to be inspected on a regular basis to
ensure that compliance is upheld.
In addition to these inspection measures, the Chief Veterinary
Officer of DEFRA has also instituted an awareness campaign aimed at
former swill feeding operators as well as the public. Information about
alternative methods of feeding, safe disposal of untreated swill, and
various feed options has all been made available on DEFRA's Web site.
Letters have been written to the local authorities emphasizing the
importance of continued vigilance in their enforcement activities, and
DEFRA's State Veterinary Service continues to work closely with the
local authorities. Our risk assessment and site visits, in addition to
the subsequent information we have received from DEFRA, indicate that
these actions taken by DEFRA to ensure compliance with the swill
feeding ban have been, and continue to be, an effective mitigation
measure against the reintroduction of FMD.
Two commenters asked about the level of testing that had been done
in deer and feral boars in areas of the country that had contained
infected domestic animals.
The information available to us indicates that the wildlife
populations were not tested extensively because FMD infections in
wildlife were not believed to be a factor in the spread of FMD or to be
a reservoir of infection. Detection and eradication efforts were
focused on infected domestic animals. We believe that the risk of the
spread of FMD from wildlife is minimal because the disease has been
eradicated in the domestic livestock, and there has been no
reintroduction of the disease from wildlife.
Two commenters noted that Canada will not allow the importation
from the United Kingdom of some commodities that have been imported
into the United
[[Page 77150]]
Kingdom from certain trading partners in the EU known to be infected
with FMD. These commenters asked whether APHIS has reviewed the risk to
the United Kingdom, and then subsequently to the United States, of
these types of importations. These commenters also inquired how the
United Kingdom's import controls for commodities from FMD countries
compare to the United States' import controls for commodities from FMD
countries, and what level of protection is provided by the 100 percent
documentation and identity checks conducted by the United Kingdom on
the origin of meat imported from FMD countries.
The risk to the United Kingdom and subsequently to the United
States of these types of importations is addressed in the current
regulations that govern the importation of meat and other animal
products. These regulations include special restrictions for those FMD-
free regions that: (1) Supplement their national meat supply by the
importation of fresh (chilled or frozen) meat of ruminants or swine
from regions that are designated as having FMD; (2) share a common land
border with regions that are designated as having FMD; or (3) import
ruminants or swine from regions where FMD exists under conditions that
are less restrictive than are acceptable for importation into the
United States. These restrictions, found in Sec. 94.11, will apply to
Great Britain and offer additional protection against the possibility
of the introduction of FMD into the United States.
One commenter noted the outbreaks of classical swine fever and FMD
in the last 2 years in the United Kingdom and asked if APHIS' risk
evaluation and assessment process addressed future risks to the United
States based on this type of history.
Our risk evaluation and assessment process takes into account the
quick and effective response of the government after the initial
outbreaks of these diseases. The emergency response lessons that DEFRA
learned have led to an increased level of sensitivity and an enhanced
level of awareness of the potential for disease incursions. Although it
is impossible to predict the potential for future risk with complete
certainty, we believe that the continued surveillance and ongoing
educational and control efforts of DEFRA, combined with the
restrictions of Sec. 94.11 discussed above, support our determination
that there does not exist an undue risk of FMD being introduced into
the United States through the importation of animals or animal products
from Great Britain.
Two commenters requested that APHIS review other disease situations
with regard to health risks to the U.S. livestock herd. One of the
commenters specifically mentioned postweaning multi-systemic wasting
syndrome (PMWS) and porcine dermatitis and nephropathy syndrome (PDNS),
which the commenter said were increasing in prevalence and severity in
Great Britain.
APHIS conducts ongoing review and analysis of diseases that could
affect the U.S. livestock herd. With regard to PMWS and PDNS, both of
these diseases already exist in the United States, and we have
initiated an evaluation process to determine the extent of their spread
and the health risks that they present both in the United Kingdom and
in the United States.
Another commenter supported relieving restrictions on the
importation from Great Britain of embryos and semen under certain
conditions, but opposed relieving restrictions on the importation of
other animal products from Great Britain because of FMD and because of
the ``unknown incubation period'' of bovine spongiform encephalopathy
(BSE).
Our evaluation of Great Britain's FMD control and eradication
efforts since the initial outbreak of FMD indicates that they have been
effective. The evaluation, which also took into account OIE's
standards, found that there is no undue risk of the presence of FMD in
Great Britain. Based on this evidence, we do not consider it necessary
to prohibit the importation of animals and animal products from Great
Britain due to FMD.
However, because the United Kingdom is listed in Sec. 94.18(a)(1)
as a region in which BSE is considered to exist, the importation of
ruminants and fresh (chilled or frozen) meat, meat products, and edible
products other than meat (excluding gelatin, milk, and milk products)
from ruminants from the United Kingdom will continue to be prohibited.
Status of Great Britain
In this final rule, we are restoring Great Britain to the list in
Sec. 94.1(a) of regions that are considered to be free of rinderpest
and FMD. Our reasons follow.
When FMD occurs in an FMD-free country or zone where vaccination is
not practiced before the outbreak, the OIE requires a waiting period of
3 months after the last case, when stamping-out and serological
surveillance are applied, before that FMD-free country or zone can be
reevaluated.
Great Britain did not vaccinate animals against FMD before the
initial outbreak that was confirmed on February 20, 2001. Following the
initial outbreak, Great Britain implemented a stamping-out policy,
movement control measures, serological surveillance, import controls, a
ban on swill feeding, and enhanced control of international waste to
ultimately control and eradicate the disease.
The last case of FMD in Great Britain occurred on September 30,
2001. The animals were slaughtered immediately, and more than 3 months
had elapsed by the time the evaluation was conducted. The OIE
reinstated the FMD-free status of the United Kingdom on January 22,
2002. This reinstatement was a significant factor in our evaluation.
We have evaluated the FMD eradication efforts in Great Britain
based on information provided to us by this region and by our own site
visits. Our findings and site visit reports may be viewed on the
Internet at http://www.aphis.usda.gov/vs/reg-request.html. You may also
request paper copies of these documents by calling or writing the
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to
Docket No. 01-018-4 when requesting copies. These documents are also
available in our reading room. (The reading room is located in room
1141 of the USDA South Building, 14th Street and Independence Avenue
SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.)
We further believe that we have an obligation under our
international trade agreements to restore a region previously
recognized as FMD-free to our list of regions free of FMD as soon as
practicable upon its meeting OIE standards for free status. The United
States would expect the same policy to be applied in the event of an
outbreak of disease, and subsequent eradication of that disease, in
this country.
Based on our findings, and after reviewing comments submitted to us
on the interim rule and on the evaluation, we are amending the
regulations by restoring Great Britain to the list in Sec. 94.1(a)(2)
of regions that are declared free of both rinderpest and FMD. We are
also restoring GreatBritain to the list in Sec. 94.11(a) of regions
that are declared free of rinderpest and FMD but that are subject to
special restrictions on the importation of their meat and other animal
products into the United States. The regions listed in Sec. 94.11(a)
are subject to these special restrictions because they: (1) Supplement
their national meat supply by importing fresh
[[Page 77151]]
(chilled or frozen) meat of ruminants or swine from regions that are
designated in Sec. 94.1(a) as regions where rinderpest or FMD exists;
(2) have a common land border with regions where rinderpest or FMD
exists; or (3) import ruminants or swine from regions where rinderpest
or FMD exists under conditions less restrictive than would be
acceptable for importation into the United States.
This action relieves certain restrictions due to FMD on the
importation into the United States of certain live animals and animal
products from Great Britain. However, because Great Britain has certain
trade practices regarding ruminants and swine that are less restrictive
than are acceptable for importation into the United States, the
importation of meat and other products from ruminants and swine into
the United States from Great Britain continues to be subject to certain
restrictions. Further, because the United Kingdom is listed in Sec.
94.18(a)(1) as a region in which BSE is considered to exist, the
importation of ruminants, fresh (chilled or frozen) meat, meat
products, and certain other edible products of ruminants from the
United Kingdom will continue to be prohibited.
Miscellaneous
In Sec. 94.18, we refer to Northern Ireland and Great Britain
(England, Scotland, Wales, and the Isle of Man) collectively as the
United Kingdom. In this rule, we are amending Sec. Sec. 94.1 and 94.11
to be consistent with Sec. 94.18. Therefore, instead of adding Great
Britain to the lists of regions in Sec. Sec. 94.1 and 94.11, we are
removing the references to Northern Ireland that are currently in both
sections and adding the United Kingdom to those lists.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is warranted to relieve certain
restrictions on the importation of ruminants and swine and fresh
(chilled or frozen) meat and other products of ruminants and swine into
the United States from Great Britain that are no longer necessary.
Therefore, the Administrator of the Animal and Plant Health Inspection
Service has determined that this rule should be effective upon
publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
We are amending the regulations governing the importation of
certain animals, meat, and other animal products by adding Great
Britain to the list of regions considered to be free of rinderpest and
FMD and to the list of regions that are subject to certain import
restrictions on meat and animal products because of their proximity to
or trading relationships with rinderpest-or FMD-affected regions. This
final rule follows an interim rule that removed Great Britain and
Northern Ireland from those lists due to detection of FMD in those
regions. Based on the results of an evaluation of the current FMD
situation in Great Britain, which took into account, among other
things, that Great Britain met the standards of the OIE for being
considered to be free of FMD, we have determined that Great Britain can
be added to the list of regions considered free of FMD. This final rule
relieves certain prohibitions and restrictions on the importation of
ruminants and swine and fresh (chilled or frozen) meat and other
products of ruminants and swine into the United States from Great
Britain.
Great Britain has not historically been a major source of U.S.
imports of the products affected by the FMD-related prohibitions and
restrictions of the regulations, which include live ruminants, live
swine, fresh (chilled or frozen) meat of ruminants and swine, processed
ruminant and swine meat, some dairy products, animal feeds, and other
ruminant and swine products such as semen, embryos, untanned hides and
skins, unwashed wool, hair, bones, blood, and some other byproducts.
Past imports of these products from Great Britain represent a small
fraction of the total U.S. imports or total U.S. production of these
products. Given the BSE-related prohibitions that will continue to
apply to the importation of ruminants, fresh (chilled or frozen) meat,
meat products, and certain other edible products of ruminants from the
United Kingdom, as well as the restrictions on the importation of meat
and other products from ruminants and swine from the United Kingdom
that will apply under Sec. 94.11, this final rule is not expected to
alter these past trade patterns.
The majority of entities potentially affected by this final rule
are considered small. For example, in 1997, approximately 97 percent
(2,919 of 2,992) of meat and meat product wholesalers, 99 percent
(1,490 of 1,503) of livestock wholesalers,\1\ 92 percent (79,155 of
86,022) of dairy farms, 99.3 percent (651,542 of 656,181) of cattle
farms, 87 percent (40,185 of 46, 353) of hog and pig farms, 99.5
percent (29,790 of 29,938) of sheep and goat farms,\2\ 98 percent
(1,272 of 1,297) of slaughtering establishments, and 95 percent (1,324
of 1,393) of meat processing establishments \3\ would be considered
small entities under the criteria set by the Small Business
Administration. However, these entities should be little affected by
this rulemaking because of the negligible effect on imports.
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\1\ 1997 Economic Census, Department of Commerce, Bureau of the
Census.
\2\ 1997 Census of Agriculture, USDA, National Agricultural
Statistics Service.
\3\ 1997 Economic Census, Department of Commerce, Bureau of the
Census.
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Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, we are amending 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
1. The authority citation for part 94 continues to read as follows:
[[Page 77152]]
Authority: 7 U.S.C. 450, 7711-7714, 7751, 7754, 8303, 8306,
8308, 8310, 8311, and 8315; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701;
42 U.S.C.4331 and 4332; 7 CFR 2.22, 2.80, and 371.4.
Sec. 94.1 [Amended]
2. In Sec. 94.1, paragraph (a)(2) is amended by removing the words
``Northern Ireland,'', by removing the word ``and'' immediately before
the word ``Trust'', and by adding the words ``, and the United
Kingdom'' immediately after the words ``Pacific Islands''.
Sec. 94.11 [Amended]
3. In Sec. 94.11, paragraph (a), the first sentence is amended by
removing the words ``Northern Ireland,'' and by removing the words
``and Switzerland'', and adding the words ``Switzerland, and the United
Kingdom'' in their place.
Done in Washington, DC, this 12th day of December 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-31659 Filed 12-16-02; 8:45 am]
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