[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78925-78927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de08-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2007-0124]
Change in Disease Status of Surrey County, England, Because of
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 into the United States
by restoring Surrey County, England, to the list of regions of the
world that are considered free of rinderpest and foot-and-mouth disease
(FMD), and to the list of regions of the world considered free of
rinderpest and FMD but subject to additional importation restrictions
because of those regions' proximity to or trading relationships with
FMD-affected regions. This final rule follows an interim rule that
removed Surrey County, England, from those lists due to the detection
of FMD in that region. Based on the results of a risk analysis
concerning the FMD disease status of Surrey County, England, we have
determined that Surrey County, England, 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 the fresh meat and other animal products of ruminants and swine
into the United States from Surrey County, England.
DATES: Effective Date: January 8, 2009.
FOR FURTHER INFORMATION CONTACT: Dr. Chip Wells, Senior Staff
Veterinarian, Regionalization Evaluation Services Import 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 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). FMD is a severe and highly contagious viral infection
affecting all cloven-hoofed animals, including cattle, deer, goats,
sheep, swine, and other animals. Section 94.1 of the regulations lists
regions of the world that are considered free of rinderpest and FMD.
Section 94.11 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 the importation of meat and other
animal products into the United States is subject to additional
restrictions because of those regions' proximity to or trading
relationships with FMD-affected regions.
In an interim rule \1\ effective and published in the Federal
Register on January 30, 2008 (73 FR 5424-5426, Docket No. APHIS-2007-
0124), we amended the regulations in Sec. 94.1 to remove Surrey
County, England, from the list of regions that are considered free of
rinderpest and FMD. We also amended the regulations in Sec. 94.11 to
remove Surrey County, England, from the list of regions considered free
of rinderpest and FMD but from which the importation of meat and other
animal products of ruminants and swine into the United States is
subject to additional restrictions. That action was necessary because,
by September 30, 2007, a total of eight outbreaks of FMD in Surrey
County, England, had been reported to the World Organization for Animal
Health (OIE). As a result of the interim
[[Page 78926]]
rule, the importation of ruminants and swine and the fresh meat and
other animal products of ruminants and swine from Surrey County,
England, was restricted.
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\1\ To view the interim rule and the comment we received, go to
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124.
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Although we removed Surrey County, England, from the list of
regions that are considered free of rinderpest and FMD we recognized
that: (1) FMD was not known to exist in the United Kingdom outside of
Surrey County, England; (2) the United Kingdom maintained strict
control over the importation and movement of animals and animal
products from regions of higher risk and established barriers to the
spread of FMD from Surrey County, England; (3) the United Kingdom
maintained a surveillance system capable of detecting FMD should the
disease have been introduced into other regions of the country; and (4)
the United Kingdom has the laws, policies, and infrastructure to
detect, respond to, and eliminate any occurrence of FMD. We stated that
we intended to reassess the situation in accordance with the standards
of the OIE, and that as part of the reassessment process, we would
consider all comments received regarding the interim rule.
We solicited comments on the interim rule for 60 days ending March
31, 2008. The only comment we received directed our attention to a
press release from a governmental agency of the United Kingdom which
announced that the OIE had restored the FMD-free status of the United
Kingdom as of February 19, 2008.
On May 23, 2008, we published a notice \2\ in the Federal Register
(73 FR 30002-30003, Docket No. APHIS-2007-0124) in which we advised the
public of the availability of a risk analysis that had been prepared by
APHIS concerning the FMD status of Surrey County, England, and the
related disease risks associated with importing ruminants and swine and
the fresh meat and other animal products of ruminants and swine from
Surrey County, England. The risk analysis, entitled ``APHIS Risk
Analysis on Importation of Foot and Mouth Disease (FMD) Virus from
Surrey County, England, in the United Kingdom,'' examined the events
that occurred during and after the outbreaks and assessed the risk
associated with the resumption of imports of ruminants and swine and
the fresh meat and other animal products of ruminants and swine from
Surrey County, England. In the risk analysis, APHIS concluded that the
risk of introducing FMD into the United States as a result of the
resumption of imports of ruminants and swine and the fresh meat and
other animal products of ruminants and swine from Surrey County,
England, is low.
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\2\ To view the risk analysis document and the comments we
received, go to http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124.
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We solicited comments concerning the risk analysis for 60 days
ending July 22, 2008. We received three comments by that date. The
comments were from private citizens who opposed relieving restrictions
on Surrey County, England. None of the commenters offered any data or
substantive information to support their objections, however.
Therefore, based on the conclusions of our risk analysis and for
the reasons given in this document, we are amending the regulations by
restoring Surrey County, England, to the list of regions of the world
that are considered free of rinderpest and FMD, and to the list of
regions of the world considered free of rinderpest and FMD but subject
to additional importation restrictions because of those regions'
proximity to or trading relationships with FMD-affected regions.
This final rule also affirms the information contained in the
interim rule concerning Executive Orders 12866 and 12988, and the
Paperwork Reduction Act. Further, for this action, the Office of
Management and Budget has waived its review under Executive Order
12866.
Regulatory Flexibility Act
The following analysis addresses the economic effects of this rule
on small entities, as required by the Regulatory Flexibility Act.
FMD is a contagious viral disease of ruminants, swine, and other
cloven-hoofed animals. In August 2007, FMD was confirmed in Surrey
County, England, and by the end of September 2007, a total of eight
outbreaks had been reported to the World Organization for Animal Health
(OIE). In an interim rule published January 30, 2008, APHIS amended the
regulations by removing Surrey County from the list of regions in Sec.
94.1 that are considered free of rinderpest and FMD, and from the list
of regions in Sec. 94.11 that are considered free of rinderpest and
FMD but from which the importation of meat and other animal products of
ruminants and swine into the United States is subject to additional
restrictions.
Since publication of the interim rule, the outbreaks have been
eradicated and the United Kingdom has maintained the policies and
infrastructure necessary to detect, respond to, and eliminate any
recurrence of FMD. As a result, APHIS has concluded that the risk of
introducing FMD into the United States with the resumption of
importation from Surrey County of ruminants and swine and the fresh
meat and other animal products of ruminants and swine is low.
With this rule, U.S. entities will be able to import from Surrey
County any ruminant or swine or any fresh (chilled or frozen) meat or
other product of any ruminant or swine, subject to the restrictions in
Sec. 94.11 and any regulatory restrictions that may apply concerning
other animal diseases.
U.S. Imports of Affected Products From the United Kingdom \3\
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\3\ Source: U.S. Department of Commerce, Bureau of the Census,
as reported in the Global Trade Atlas.
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For the 3 years 2005 to 2007, the United States imported 2.2, 1.4,
and 1.5 million kilograms of fresh or frozen pork products from the
United Kingdom. These imports were valued at $10.8, $7.3, and $7.3
million, respectively. Over the same period, the United States imported
6.2, 5.7, and 5.8 million kilograms of dairy products from the United
Kingdom, valued at $37.7, $41.9, and $45.9 million, respectively. These
annual quantities and values indicate that the prohibition on imports
of ruminant and swine products from Surrey County, England, during the
latter part of 2007 (following the FMD outbreak) did not appear to
affect U.S. imports of pork or dairy products from the United Kingdom.
Pork and pork products imported from the United Kingdom represent less
than 2 percent of total U.S. pork and pork products imports, and the
dairy product imports from the United Kingdom represent less than 3
percent of total U.S. dairy product imports. Other ruminant and swine
products imported by the United States from the United Kingdom include
wool, wool grease, hides, bovine semen, fertilizers, and animal hair.
Entities potentially affected by this final rule are importers and
producers of animals and animal products. The majority of such
enterprises are small entities, as defined by the Small Business
Administration. For most categories of wholesale trade, the small-
entity standard is not more than 100 employees. For most categories of
animal production, the small-entity standard is not more than $750,000
in annual receipts.
Most businesses that could be affected by this rule are small.
However, we expect the effects will be insignificant. As indicated
above, U.S. imports of swine and dairy products from the United Kingdom
comprise a small share of total U.S. imports of these products.
[[Page 78927]]
Moreover, it is likely that Surrey County is the origin of only a
negligible share of the United Kingdom's exports of ruminant and swine
products to the United States, given the relatively small size of that
county's ruminant and swine inventories. As reported by the United
Kingdom's Department for Environment, Food, and Rural Affairs, only 0.6
percent of England's cattle, 0.2 percent of its swine, 0.4 percent of
its sheep, and 1.4 percent of its goats were located in Surrey County
in June 2007.\4\
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\4\ Department for Environment, Food, and Rural Affairs (DEFRA),
UK. June 2007 Agricultural and Horticultural Survey--England. http:/
/www.defra.gov.uk/esg/work_htm/publications/cs/farmstats_web/2_
SURVEY_DATA_SEARCH/COMPLETE_DATASETS/PSM/RegCountUA_07.xls.
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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.
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 restores
Surrey County, England, to the list of regions of the world that are
considered free of rinderpest and FMD, and to the list of regions of
the world considered free of rinderpest and FMD but subject to
additional importation restrictions because of those regions' proximity
to or trading relationships with FMD-affected regions. We have
determined that approximately 2 weeks are needed to ensure that APHIS
and the 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.
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, the interim rule amending 9 CFR part 94 that was published
at 73 FR 5424-5426 on January 30, 2008, is adopted as a final rule with
the following changes:
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
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 removing the words
``(except for Surrey County, England)''.
Sec. 94.11 [Amended]
0
3. In Sec. 94.11, paragraph (a) is amended by removing the words
``(except for Surrey County, England)''.
Done in Washington, DC, this 16th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-30724 Filed 12-23-08; 8:45 am]
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