[Federal Register Volume 72, Number 218 (Tuesday, November 13, 2007)]
[Rules and Regulations]
[Pages 63796-63797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22091]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-111-3]


Foot-and-Mouth Disease Status of Uruguay

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with one change, our July 
2001 interim rule that amended the regulations governing the 
importation of certain animals, meat, and other animal products by 
removing Uruguay from the list of areas considered free of rinderpest 
and foot-and-mouth disease. The interim rule also removed Uruguay from 
the list of regions declared free of those diseases, but that are 
subject to certain restrictions because of their proximity to or 
trading relations with regions affected with rinderpest or foot-and-
mouth disease. The interim rule was necessary because the existence of 
foot-and-mouth disease had been confirmed in 18 Departments in Uruguay. 
Because there have been no occurrences of rinderpest in Uruguay, this 
final rule adds Uruguay to the list of regions considered free of that 
disease.

EFFECTIVE DATE: December 13, 2007.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Director, Sanitary 
Trade Issues Team, National Center for Import and Export, VS, APHIS, 
4700 River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-3276.

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, classical swine fever, swine vesicular 
disease, and bovine spongiform encephalopathy. 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. Under Sec.  94.11 of the 
regulations, some of those regions are subject to additional 
restrictions because of their proximity to or trading relationships 
with rinderpest and FMD-affected regions.
    In an interim rule effective October 1, 2000, and published in the 
Federal Register on December 13, 2000 (65 FR 77771-77773, Docket No. 
00-111-1), we amended the regulations by removing Artigas, a region in 
northern Uruguay, from the list of regions considered to be free of 
rinderpest and FMD because FMD had been confirmed there. Prior to the 
effective date of that interim rule, the entire country of Uruguay was 
listed in Sec. Sec.  94.1 and 94.11 as a region considered free of 
rinderpest and FMD.
    We solicited comments concerning the interim rule for 60 days 
ending February 12, 2001, and received two comments by that date.
    However, on April 23, 2001, FMD was confirmed in the Uruguayan 
department of Soriano. Subsequently, new

[[Page 63797]]

outbreaks of the disease were confirmed in the departments of Artigas, 
Canelones, Colonia, Duranzo, Flores, Florida, Lavalleja, Maldonado, 
Paysandu, Rio Negro, Rivera, Rocha, Salto, San Jose, Tacuarembo, and 
Treinta y Tres.
    In response to the spread of FMD within Uruguay, we issued an 
interim rule effective April 2, 2001, and published in the Federal 
Register on July 13, 2001 (66 FR 36695-36697, Docket No. 00-111-2), 
that amended the regulations by removing Uruguay from the list of 
regions considered free of rinderpest and FMD and from the list of 
regions that, although rinderpest and FMD-free, are subject to certain 
restrictions on the importation of meat and other animal products.
    Comments on the interim rule of July 13, 2001, were required to be 
received on or before September 11, 2001. We did not receive any 
comments.
    Although we removed Uruguay from the list of regions considered to 
be free of rinderpest and FMD, we recognized in that interim rule that 
Uruguay's Ministry of Livestock, Agriculture, and Fisheries had 
responded immediately to the detection of the disease by imposing 
restrictions on the movements of ruminants and swine from the affected 
areas and by initiating several measures to eradicate the disease. For 
this reason, we stated that we intended to reassess the situation in 
accordance with the standards of the World Organization for Animal 
Health (OIE) at a future date.
    Since that time, we have undertaken a reassessment of Uruguay's 
disease status. While we acknowledge the many efforts Uruguay has made 
to control and eradicate FMD within its departments since the interim 
rule was published, we have received no data suggesting that our 
disease classification of the country is in error, or supporting the 
return of Uruguay to FMD-free status.
    However, we note that while it was necessary to remove Uruguay from 
the list in Sec.  94.1(a)(2) of regions that are declared to be free of 
both FMD and rinderpest, the disease situation that led to that action 
involved only FMD. Therefore, it is possible to include Uruguay on the 
list of regions declared to be free of rinderpest. Accordingly, this 
final rule amends Sec.  94.1(a)(3) by adding Uruguay to the list of 
regions declared to be free of rinderpest.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule, with the 
change discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12866 and the Regulatory 
Flexibility Act, Executive Order 12988, and the Paperwork Reduction 
Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

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 66 FR 36695-36697 on July 13, 2001, is adopted as a final rule with 
the following change:

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, 371.4.


0
2. In Sec.  94.1, paragraph (a)(3) is revised to read as follows:


Sec.  94.1  Regions where rinderpest or foot-and-mouth disease exists; 
importations prohibited.

    (a) * * *
    (3) The following regions are declared to be free of rinderpest: 
Namibia, the Republic of South Africa, and Uruguay.
* * * * *

    Done in Washington, DC, this 7th day of November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-22091 Filed 11-9-07; 8:45 am]
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