[Federal Register: November 2, 2000 (Volume 65, Number 213)]
[Rules and Regulations]
[Page 65728-65729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no00-5]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 00-104-1]
Change in Disease Status of KwaZulu-Natal Province in the
Republic of South Africa Because of Rinderpest and Foot-and-Mouth
Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations governing the importation of
certain animals, meat, and other animal products by removing KwaZulu-
Natal, a province in the Republic of South Africa, from the list of
regions considered to be free of rinderpest and foot-and-mouth disease.
We are taking this action because the existence of foot-and-mouth
disease has been confirmed there. The effect of this action is 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 KwaZulu-Natal.
DATES: This interim rule was effective September 12, 2000. We invite
you to comment on this docket. We will consider all comments that we
receive by January 2, 2001.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 00-104-1, Regulatory Analysis and
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. 00-104-1.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Glen Garris, Supervisory Staff
Officer, Regionalization Evaluation Services Staff, 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 specified animals and animal
products into the United States in order to prevent the introduction of
various animal diseases including rinderpest, foot-and-mouth disease
(FMD), African swine fever, hog cholera, and swine vesicular disease.
These are dangerous and destructive communicable diseases of ruminants
and swine. Section 94.1 of the regulations lists regions of the world
that are declared free of rinderpest or free of both rinderpest and
FMD. Rinderpest or FMD exists in all other regions of the world not
listed. Section 94.11 of the regulations lists regions of the world
that have been declared 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.
Prior to the effective date of this interim rule, the Republic of
South Africa, except the FMD-controlled area that includes Kruger
National Park, was among the listed regions in Secs. 94.1 and 94.11
considered to be free of rinderpest and FMD. However, on September 12,
2000, a suspected outbreak of FMD was detected in the South African
province of KwaZulu-Natal; on September 17, 2000, the Republic of South
Africa's National Department of Agriculture (National Department of
Agriculture) notified the Office International des Epizooties (OIE)
with clinical confirmation of the FMD diagnosis.
Therefore, to protect the livestock of the United States from FMD,
we are amending the regulations in Sec. 94.1 by removing the province
of KwaZulu-Natal from the list of regions considered to be free of
rinderpest and FMD. We are also removing KwaZulu-Natal from the list of
regions in Sec. 94.11 that are considered to be free of these diseases,
but are subject to certain restrictions because of their proximity to
or trading relationships with rinderpest-or FMD-affected regions. Other
regions of the Republic of South Africa, with the exception of the FMD-
controlled area that includes Kruger National Park, will remain on the
list of regions considered to be free of rinderpest and FMD. As a
result of this action, the importation into the United States of any
ruminant or swine and any fresh (chilled or frozen) meat and other
products of ruminants or swine that left KwaZulu-Natal on or after
September 12, 2000, is prohibited or restricted. We are making these
amendments effective on September 12, 2000, because that is the day
that FMD was initially detected in KwaZulu-Natal.
Although we are removing the province of KwaZulu-Natal from the
list of regions considered to be free of rinderpest and FMD, we
recognize that the National Department of Agriculture responded
immediately to the detection of the disease by imposing restrictions on
the movement of ruminants, swine, and ruminant and swine products from
the affected area and initiating measures to eradicate the disease. At
the time of publication of this interim rule, it appears that the
outbreak is well controlled. Because of the National Department of
Agriculture's efforts to ensure that FMD does not spread beyond the
province of KwaZulu-Natal, we intend to reassess the situation in
accordance with the standards of the OIE. As part of that reassessment
process, we will consider all comments received on this interim rule.
This future reassessment will determine whether it is necessary to
continue to prohibit or restrict the importation of ruminants or swine
and any fresh
[[Page 65729]]
(chilled or frozen) meat and other products of ruminants or swine from
KwaZulu-Natal, or whether we can restore the province of KwaZulu-Natal
to the list of regions considered free of rinderpest and FMD.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
introduction of FMD into the United States. Under these circumstances,
the Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this rule effective less than
30 days after publication in the Federal Register.
We will consider comments that are received within 60 days of
publication of this rule in the Federal Register. After the comment
period closes, we will publish another document in the Federal
Register. The document will include a discussion of any comments we
receive and any amendments we are making to the rule as a result of the
comments.
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.
This interim rule amends the regulations by removing the Republic
of South Africa province of KwaZulu-Natal from the list of regions
considered free of rinderpest and FMD. We are taking this action
because the Republic of South Africa's National Department of
Agriculture has reported cases of FMD in that region. This action
prohibits or restricts the importation into the United States of any
ruminant or swine, and any fresh (chilled or frozen) meat and other
products of ruminants or swine, that left the province of KwaZulu-Natal
on or after September 12, 2000. This action is necessary to protect the
livestock of the United States from FMD.
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a final regulatory
flexibility analysis.
Executive Order 12988
This 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 retroactive
effect to September 12, 2000; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This rule contains no new 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:
Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C.
7701-7772; 7 U.S.C. 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a,
134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and
4332; 7 CFR 2.22, 2.80, and 371.4.
Sec. 94.1 [Amended]
2. In Sec. 94.1, paragraph (a)(2) is amended by adding the words
``the province of KwaZulu-Natal and'' immediately after the words
``Republic of South Africa except''.
Sec. 94.11 [Amended]
3. In Sec. 94.11, paragraph (a) is amended by adding the words
``the province of KwaZulu-Natal and'' immediately after the words
``Republic of South Africa except''.
Done in Washington, DC, this 27th day of October 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-28084 Filed 10-30-00; 1:56 pm]
BILLING CODE 3410-34-P
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