[Federal Register Volume 67, Number 22 (Friday, February 1, 2002)]
[Proposed Rules]
[Pages 4927-4930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2493]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-041-1]
Change in Disease Status of Estonia With Regard to Rinderpest and
Foot-and-Mouth Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
[[Page 4928]]
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations to add Estonia to
the list of regions that are considered free of rinderpest and foot-
and-mouth disease. We are taking this action because we have determined
that Estonia is free of rinderpest and foot-and-mouth disease. We are
also proposing to add Estonia 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 foot-
and-mouth disease-affected countries. These actions would update the
disease status of Estonia with regard to rinderpest and foot-and-mouth
disease while continuing to protect the United States from an
introduction of those diseases by providing additional requirements for
any meat and meat products imported into the United States from
Estonia.
DATES: We invite you to comment on this docket. We will consider all
comments we receive that are postmarked, delivered, or e-mailed by
April 2, 2002.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 01-041-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 01-041-1. If you use e-mail,
address your comment to [email protected]. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
01-041-1'' on the subject line.
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. Hatim Gubara, Staff Veterinarian,
Regionalization Evaluation Services Staff, VS, APHIS, 4700 River Road
Unit 38, Riverdale, MD 20737-1231; (301) 734-5875.
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 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 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 that are subject
to certain restrictions because of their proximity to or trading
relationships with rinderpest-or FMD-affected regions.
In June 1999, the Animal and Plant Health Inspection Service
(APHIS) received a request from Estonia's Veterinary and Food Board to
recognize Estonia as free of FMD. In response to that request, and
based on our review of supporting documentation accompanying the
request and information obtained during a site visit, we are proposing
to recognize Estonia as free of FMD. In addition, because rinderpest
has never been diagnosed in Estonia and is not endemic to that region
of the world, we are also proposing to recognize Estonia as free of
rinderpest. Finally, we are proposing to add Estonia to the list of
rinderpest- and FMD-free regions whose exports of ruminant and swine
meat and products to the United States are subject to certain
restrictions to ensure against the introduction of those diseases into
this country.
Based on the information submitted to us by the Government of
Estonia, we have reviewed and analyzed the animal health status of
Estonia relative to FMD. Our review and analysis were conducted in
light of the factors identified in 9 CFR 92.2, ``Application for
recognition of the animal health status of a region,'' which are used
to determine the level of risk associated with importing animals or
animal products into the United States from a given region. Based on
the information submitted to us, we have concluded the following:
Veterinary infrastructure. The veterinary services authorities in
Estonia have the legal authority, organization, and infrastructure to
detect, control, and eradicate FMD. Estonia's veterinary services are
organized under the Veterinary and Food Board and include approximately
209 authorized veterinarians employed by the government, 841 private
veterinarians, 43 laboratory veterinarians, and a number of trained
technicians. Authorized veterinarians are distributed among 15
districts within Estonia, each of which falls under the supervision of
a District Veterinary Officer (DVO). Each DVO reports directly to the
Director General of the Central Veterinary Office. In the event of an
animal disease emergency, the Minister of Agriculture delegates
authority to the Veterinary and Food Board to implement control
measures. The Veterinary and Food Board has the authority to call on
private veterinary practitioners, police, and local authorities to
provide support to the Central Veterinary Office in depopulating
infected premises, disposing of animal carcasses, and controlling and
restricting animal movements.
Disease history and surveillance. The last outbreak of FMD in
Estonia occurred in 1982 and was traced to its origin in Latvia.
Although Estonia has been declared free of FMD by the Office of
International des Epizooties (OIE), an active surveillance program
continues to be carried out by the Government of Estonia through the
testing and monitoring of all herds for FMD.
Diagnostic capabilities. Estonia has the authority, personnel, and
diagnostic capabilities to test herds for, and diagnose, FMD.
Government-operated laboratories in Estonia work in close contact with
international laboratories to confirm diagnoses and type-specific
foreign animal pathogens.
Vaccination status. Vaccination against FMD is neither permitted
nor practiced in Estonia. Emergency vaccination against FMD may be
undertaken at the discretion of the Minister of Agriculture in the
event of a risk of an extensive outbreak of the disease. Emergency
vaccination against FMD was last implemented during the outbreak of FMD
in 1982.
Disease status of adjacent regions. Estonia shares land borders
with Latvia and Russia, neither of which is recognized by APHIS as
being free of FMD. Estonia is also located south of Finland across the
Baltic Sea and the
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Gulf of Finland. Finland is recognized by APHIS as being free of FMD.
Degree of separation from adjacent regions. Estonia is sufficiently
separated from regions of higher risk by numerous lakes and extensive
forest and woodland areas located throughout the country.
Movement across borders. The movement of animals and animal
products into Estonia from regions of higher disease risk is strictly
controlled. Estonia has 20 animal inspection border posts located in
Estonia with a veterinarian on duty at each to perform health
examinations of live animals and inspect animal products. All live
animals and animal products imported into Estonia require an animal
health permit issued by a DVO.
Estonia does not permit the importation of live animals from
Latvia, and does not permit the importation of live animals or animal
products from Russia. Competition horses, however, are allowed to enter
Estonia from Latvia and Russia when accompanied by the appropriate
transit permits and health certificates.
Livestock demographics and marketing practices. Estonia has a total
of 271,883 head of cattle, 304,000 pigs, 21,250 sheep, 1,116 goats,
2.43 million poultry, and 5,100 horses. The DVOs maintain an adequate
system for identifying and tracking cattle and swine herds. There is no
known feature of livestock production in the country that increases the
risk of disease spread.
Detection and eradication of disease. FMD is a compulsorily
notifiable disease in Estonia. The veterinary services in Estonia
possess the authority, diagnostic capability, and personnel to rapidly
detect, contain, and eradicate any incursion of FMD that might occur.
These findings are described in further detail in a qualitative
evaluation that may be obtained by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. This evaluation may also be viewed on
the Internet at http://www.aphis.usda.gov/vs/reg-request.html by
following the link for current requests and supporting documentation.
The qualitative evaluation documents the factors that have led us to
conclude that Estonia is free of FMD. As noted previously, rinderpest
has never occurred in Estonia and is not endemic to Eastern Europe.
Therefore, we are proposing to recognize Estonia as free of rinderpest
and FMD and add the country to the list in Sec. 94.1(a)(2) of regions
that are considered free of rinderpest and FMD.
These proposed actions would relieve certain restrictions due to
FMD and rinderpest on the importation into the United States of certain
live animals and animal products from Estonia. However, because Estonia
shares common land borders with countries not considered free of
rinderpest and FMD, the importation of meat and other products from
ruminants and swine into the United States from Estonia would continue
to be subject to certain restrictions.
Specifically, we are proposing to add Estonia to the list in
Sec. 94.11(a) of regions 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 (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.
Estonia has common land borders with countries not considered free
of FMD. As a result, there is some risk that the meat and other animal
products produced by Estonia could be commingled with the fresh
(chilled or frozen) meat of animals from a region in which FMD exists
and present an undue risk of introducing FMD into the United States if
imported without restriction.
Under Sec. 94.11, meat and other animal products of ruminants and
swine, including ship stores, airplane meals, and baggage containing
these meat or animal products, may not be imported into the United
States except in accordance with Sec. 94.11 and the applicable
requirements of the USDA's Food Safety and Inspection Service at 9 CFR
chapter III.
Section 94.11 generally requires that the meat and other animal
products of ruminants and swine be: (1) Prepared in an inspected
establishment that is eligible to have its products imported into the
United States under the Federal Meat Inspection Act; and (2)
accompanied by an additional certificate, issued by a full-time
salaried veterinary official of the national government of the
exporting region, assuring that the meat or other animal products have
not been commingled with or exposed to meat or other animal products
originating in, imported from, transported through, or that have
otherwise been in a region where rinderpest or FMD exists.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 proposing to amend the regulations by adding Estonia to the
list of regions that are considered free of rinderpest and FMD. We are
taking this action because we have determined that Estonia is free of
rinderpest and FMD. We are also proposing to add Estonia to the list of
regions that are subject to certain restrictions because of their
proximity to or trading relationships with rinderpest-or FMD-affected
countries. These actions would update the disease status of Estonia
with regard to rinderpest and FMD while continuing to protect the
United States from an introduction of those diseases by providing
additional requirements for any meat and meat products imported into
the United States from Estonia.
The following analysis addresses the potential economic effects of
this proposed rule on small entities, as required by the Regulatory
Flexibility Act.
Currently, Estonia is not included in the list of regions that are
considered free of rinderpest and FMD. This proposal would add Estonia
to the list of regions that are considered free of rinderpest and FMD
and add the country to the list of regions subject to certain
restrictions because of their proximity to or trading relationships
with rinderpest-or FMD-affected countries. This proposed rule would
allow for the importation into the United States of ruminants and swine
and any fresh (chilled or frozen) meat or other products of any
ruminant or swine from Estonia under certain restrictions.
We do not expect that this proposed rule would have a significant
economic impact on any entities, large or small, in the United States.
Estonia does not produce sufficient quantities of ruminants or swine,
or products of ruminants or swine, to significantly affect the U.S.
market even if all of Estonia's production were exported to the United
States.\1\ For example, Estonia's production of beef and veal, mutton
and lamb, and pigmeat (51,120 metric tons) was equivalent to less than
0.5 percent of those commodities produced in the United States in 2001.
During the same period, Estonia's stock
[[Page 4930]]
of live cattle, sheep, and pigs (585,200 head) was equivalent to less
than 0.5 percent of comparable stock in the United States. Similarly,
Estonia's milk production (690,000 metric tons) was less than 1 percent
of the total production of milk in the United States in 2001.\2\
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\1\ Realistically, not all of Estonia's production would be
exported to the United States. Some of Estonia's production would be
consumed domestically and some would be exported to countries other
than the United States.
\2\ Source: Food and Agriculture Organization of the United
Nations.
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Small Entity Impact
The Regulatory Flexibility Act requires that agencies consider the
economic effects of their rules on small entities. Given the small
amount of Estonia's production, domestic producers in the United States
are unlikely to be affected in any measurable way. Other entities that
might be affected are brokers, agents, and others in the United States
who would become involved in any future importation and sale of
ruminants or swine or products of ruminants or swine from Estonia. The
number and size of those entities is unknown, but it is reasonable to
assume that most of those entities would be small according to the
standards set by the U.S. Small Business Administration. However, for
the reasons discussed above, any economic impact on those entities, as
well as any other affected entities in the United States, should be
minimal.
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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 disease, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 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 would continue to read as
follows:
Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754;
19 U.S.C. 1306; 21 U.S.C. 111, 114a, 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) would be amended by adding, in
alphabetical order, the word ``Estonia,''.
Sec. 94.11 [Amended]
3. In 94.11, paragraph (1), the first sentence would be amended by
adding, in alphabetical order, the word ``Estonia,''.
Done in Washington, DC, this 28th day of January 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-2493 Filed 1-31-02; 8:45 am]
BILLING CODE 3410-34-U