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<p> SEQ CHAPTER \h \r 1<b>United States Department of Agriculture
</b></p>
<p><b>Marketing and Regulatory Programs
</b></p>
<p>Animal and 
</p>
<p>Plant Health Inspection 
</p>
<p>Service</p>
<p><img src="embedded:image2.wmf" alt="image2.wmf"></p>
<p><b>Proposed Rulemaking for Importation of </b></p>
<p><b>Swine and Swine Commodities from Slovakia</b></p>
<p><b>Environmental Assessment,
</b></p>
<p><b>March 2009</b></p>
<p><b>Proposed Rulemaking for Importation of Swine and Swine Commodities from Slovakia
</b></p>
<p><b>Environmental Assessment,
</b></p>
<p><b>March 2009
</b></p>
<p> SEQ CHAPTER \h \r 1<b>Agency Contact for the Proposed Rulemaking:
</b></p>
<p>Donald Link 
</p>
<p>Import Risk Analyst, Regionalization and Evaluation Services Import, National Center for Import and Export, Veterinary Services 
</p>
<p>Animal and Plant Health Inspection Service 
</p>
<p>U.S. Department of Agriculture
</p>
<p>930 Main Campus Drive, Suite 200
</p>
<p>Raleigh, NC  27606
</p>
<p></p>
<p>The U.S. Department of Agriculture (USDA) prohibits discrimination in all </p>
<p>its programs and activities on the basis of race, color, national origin, sex, 
</p>
<p>religion, age, disability, political beliefs, sexual orientation, and marital or family 
</p>
<p>status.  (Not all prohibited bases apply to all programs.)  Persons with 
</p>
<p>disabilities who require alternative means for communication of program 
</p>
<p>information (Braille, large print, audiotape, etc.) should contact USDA’s 
</p>
<p>TARGET Center at (202) 720–2600 (voice and TDD).
</p>
<p>To file a complaint of discrimination, write USDA, Director, Office of Civil 
</p>
<p>Rights, Room 326–W, Whitten Building, 1400 Independence Avenue, SW, 
</p>
<p>Washington, DC 20250–9410 or call (202) 720–5964 (voice and TDD).  
</p>
<p>USDA is an equal opportunity provider and employer. </p>
<p><b>Table of Contents
</b></p>
<p>   <b>I.  Need for the Proposed Action
1
</b></p>
<p><b>  II.  Alternatives
3</b></p>
<p><b> III.  Potential Environmental Impacts
4</b></p>
<p><b> IV.  Agencies or Persons Contacted
13</b></p>
<p><b>  V.  References
14
</b></p>
<p><b>I.  Need for the Proposed Action
</b></p>
<p>The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) regulates the importation of animals and animal products into the United States to guard against the introduction of animal diseases.  APHIS’ regulations allow for the importation of animal products from regions considered as free of or low risk for classical swine fever (CSF) and free of swine vesicular disease (SVD) and foot and mouth disease (FMD).  The Republic of Slovakia (hereafter referred to as Slovakia) submitted a request to APHIS to be recognized as a region free of CSF, SVD, FMD, and rinderpest.  This recognition would allow Slovakia to export live swine, and swine-derived products including semen, pork, and other pork products (hereafter referred to as “swine and swine commodities”) to the United States.  Slovakia would also be eligible to export ruminates and ruminated-derived products to the United States, based on the FMD and rinderpest status, based on the FMD and rinderpest status, if they meet all other ruminate health requirements.</p>
<p>In response to Slovakia’s request, APHIS prepared a risk analysis to analyze the potential disease risks (in “APHIS Evaluation of the Status of Slovakia Regarding Classical Swine Fever, Swine Vesicular Disease, and Foot and Mouth Disease”) (USDA, APHIS, 2009) associated with this action.  In summarizing the evaluation of Slovakia’s status with regard to CSF, SVD, FMD and rinderpest, APHIS considers the risk of infected live swine and ruminants, or commodities derived from these species, entering the United States from Slovakia and exposing U.S. livestock to be low.  This risk is further mitigated if Slovakia is subject to the same mitigation measures specified for other EU Member States in 9 CFR §§ 94.11, 94.13, 94.24, and 98.38.  
</p>
<p>Based on the findings of the evaluation, APHIS is proposing to amend its import regulations to add Slovakia to the list of European Union (EU) Member States that comprise the APHIS-defined EU CSF region (9 CFR §§ 93.500, 94.0, and 98.30)—which APHIS considers low risk for CSF </p>
<p>(9 CFR §§ 94.9, 94.10)—and thereby allow importation of swine commodities from this country (9 CFR §§ 94.10, 94.24, and 98.38).  APHIS further proposes to add Slovakia to the list of countries recognized as free of SVD (9 CFR §§ 94.12 and 94.13) and FMD (9 CFR § 94.1).  The proposed action is needed to allow the importation of swine commodities from Slovakia because there is no scientific basis for prohibiting trade based on the CSF, SVD, and FMD status of Slovakia.  Allowing the trade of these commodities would be consistent with the World Organization for Animal Health (commonly referred to as the Office of International des Epizooties (OIE)) Terrestrial Animal Health Code for CSF, SVD, and FMD.</p>
<p>This environmental assessment (EA) addresses potential environmental impacts related to the proposed amendment of APHIS’ regulations to include Slovakia in the APHIS-defined EU CSF region (which APHIS recognizes as low risk for CSF) and recognize it as free of SVD and FMD.  This EA has been prepared to comply with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 United States Code (U.S.C.) 4321, <i>et seq</i>.) as prescribed in implementing regulations adopted by the Council on Environmental Quality (40 Code of Federal Regulations (CFR) §§ 1500–1508), USDA’s NEPA regulations (7 CFR part 1b), and APHIS’ NEPA implementing procedures (7 CFR part 372).
</p>
<p>In accordance with requirements under the APHIS NEPA regulations, this document is being made available for public review and comment.  Written comments are welcome and should be sent to the agency contact identified in the notice that announced the availability of this document to the public.  
</p>
<p>Based upon (1) the Findings of No Significant Impact for EAs prepared for a rulemaking to allow the importation of swine and swine commodities from EU Member States in the past,
 (2) the determination from an APHIS evaluation that Slovakia is low risk for CSF and free from SVD, FMD, and rinderpest, and (3) APHIS determinations that measures are in place to mitigate the risk of CSF, SVD, FMD, and rinderpest introduction into the United States through importation of swine, swine commodities, ruminants, and ruminant commodities from countries or regions that APHIS recognizes as low risk for CSF or free of SVD, FMD, and rinderpest, such as Slovakia, APHIS will consider that future proposed actions of this nature
 would pose negligible environmental impact.  </p>
<p>This consideration applies to each EU Member State or country that has entered into an agricultural equivalency agreement with the European Union, provided that a disease status assessment finds them to be free of or a low risk for the relevant diseases.  Accordingly, APHIS plans to consider future actions of this nature as posing negligible environmental impact and included under this environmental assessment.  We would do so provided that, based on our evaluation of the disease status of the country, no extraordinary circumstances exist that require the preparation of an environmental assessment or environmental impact statement, the proposed action does not trigger the need for other environmental review under NEPA, and the proposed action would not individually or cumulatively have a significant environmental impact.
</p>
<p>Public comments on this approach are welcome.</p>
<p><b>II.  Alternatives
</b></p>
<p>Two alternatives are considered in this EA.  They include—
</p>
<p>(1)
the “no action” alternative, in which the current regulations would remain unchanged, continuing to omit Slovakia from the list of EU Member States comprising the APHIS-defined EU CSF region (considered as low risk for CSF) and from the list of countries considered free of SVD, FMD, and rinderpest, and, therefore, continuing to not allow the importation of swine and ruminant commodities from Slovakia to the United States, and </p>
<p>(2) 
the rule amendment of 9 CFR §§ 94.1, 94.9, 94.10, 94.11, 94.12, 94.13, 94.24, and 98.38, which would add Slovakia to the APHIS-defined EU CSF region (considered low risk for CSF) and designate Slovakia free of SVD, FMD, and rinderpest, and would, therefore, allow the importation of swine and ruminant commodities from Slovakia under certain conditions. 
</p>
<p><b>A.  No Action
</b></p>
<p>The no action alternative would leave the current APHIS importation regulations unchanged.  Under this alternative, Slovakia would continue to not be listed as part of the APHIS-defined EU CSF region considered low risk for CSF and also would not be listed as free of SVD, FMD, and rinderpest.  Therefore, Slovakia would not be allowed to export swine and ruminant commodities to the United States.  The status of Slovakia as low risk for CSF and free of SVD, FMD, and rinderpest is not reflected in the current import regulations and would continue as such.  The continuance of such unsupported trade restrictions would be contrary to U.S. obligations under international trade agreements.
</p>
<p><b>B.  Proposed Rule Amendment 
</b></p>
<p class="footnote_Text">The proposed rule amendment alternative would amend the current regulations to add Slovakia to the APHIS-defined European Union (EU) CSF region considered low risk for CSF and also add Slovakia to the list of regions that are free of SVD, FMD, and rinderpest.  In doing so, this alternative would allow the importation of swine and ruminant commodities from Slovakia if certain conditions are satisfied.  The proposed rule amendment would accomplish the following actions:
</p>
<p class="footnote_Text">· Add Slovakia  to the list of EU Member States in 9 CFR §§ 93.500, 94.0, and 98.30
 and include it as one of the Member States in a region that APHIS considers as low risk for CSF under 9 CFR §§ 94.9 and 94.10 and therefore subject to the import conditions specified under 9 CFR §§ 94.24 and 98.38.  </p>
<p class="footnote_Text">· Add Slovakia to the regions listed under 9 CFR §§ 94.1 as free of FMD and rinderpest but subject to the import conditions specified under 9 CFR §§ 94.11, and </p>
<p class="footnote_Text">· Add Slovakia to the regions listed under 9 CFR §§ 94.12 as free of SVD but subject to the import conditions specified under 9 CFR §§ 94.13.  </p>
<p><b>C.
Alternatives Eliminated from Further Consideration
</b></p>
<p>Alternatives differing from those mentioned above were eliminated from consideration because changes in the requirements either would not mitigate the potential risk from the region or would place excessive restrictions on the imports that would serve as a <i>de facto</i> trade barrier.  The certification requirements in the rule provide sufficient mitigation measures without being overly restrictive.</p>
<p><b>III.
Potential Environmental Impacts
</b></p>
<p>The animal diseases of concern for this evaluation with regard to allowing the importation of swine and ruminant commodities from Slovakia are CSF, SVD, FMD, and rinderpest.  APHIS evaluated the risk of CSF, SVD, FMD, and rinderpest introduction to U.S. animals from allowing these commodities from Slovakia (USDA, APHIS, 2008).  APHIS evaluated the disease risk status of Slovakia with regard to its infrastructure and control measures in place for these diseases, including an assessment of disease surveillance measures, import practices, laboratory capacity, emergency response procedures, and other factors that could influence the risk of disease introduction into the United States.  
</p>
<p>Slovakia, as a Member State of the EU since May 2004, adopted the legislation of the European Commission (EC) regarding animal health, welfare, and identification including legislation pertaining to CSF, SVD, and FMD.  Slovakia also adopted the harmonized EC legislation regarding import, export, and trade of live animals, meat, and animal products.  The APHIS-defined EU CSF region is considered as low risk with respect to CSF.  APHIS considers large portions of the EU to be free of SVD and FMD as well (USDA, APHIS, 2008). </p>
<p><b>A.  Background</b></p>
<p>CSF is a highly contagious viral disease affecting swine and wild boar.  The incubation period for CSF is 2 to14 days.  CSF is transmitted by direct contact from pig to pig; through ingestion of products, including fresh, frozen, or cured pork, that contain the virus; and by aerosols.  CSF also can be introduced or spread by infected swine semen.  Indirect contact with body secretions and excretions from infected animals (including dead animals) and viral contamination of objects may lead to mechanical transfer of the virus.  Thus, movement of people, wild animals, and inanimate objects, such as trucks used to transport animals, may indirectly transmit the CSF virus (as cited in USDA, APHIS, 2008).  The CSF virus is hardy, being stable between pH 4 and 10 and also stable at low temperatures (thus, it is unlikely to be destroyed by the post-mortem decrease in muscle pH that accompanies carcass maturation), and is unlikely to be destroyed by transport or cold storage (as cited in USDA, APHIS, 2008).  
</p>
<p>SVD also is a highly contagious viral disease affecting swine and wild boar.  The incubation period for SVD is 2 to 7 days.  SVD may be introduced into a herd by infected animals, by feeding garbage containing infected meat scraps, or by contacting infected feces (as cited in USDA, APHIS, 2008).  After the initial introduction, the disease spreads through contact of susceptible pigs with infected pigs and infected feces (such as from an improperly cleaned truck).  The virus is hardy, resistant to pH changes between 2.5 and 12 (thus, it is unlikely to be destroyed by the post-mortem decrease in muscle pH that accompanies carcass maturation), and is very stable under cold conditions.  The virus also is resistant to fermentation and smoking processes and may remain in hams for </p>
<p>180 days, sausages for more than 1 year, and processed intestinal casings for more than 2 years (as cited in USDA, APHIS, 2008).  
</p>
<p>FMD is a contagious disease affecting cloven-hoofed animals, including sheep, goats, cattle, and pigs, and well over 70 wildlife species, such as deer and wild boar.  The incubation period for FMD is 2 to 14 days.  FMD virus is capable of aerosol transmission, and saliva, feces, and urine are sources of FMD virus.  FMD virus may also be present in milk and semen up to 4 days before clinical signs appear (as cited in USDA, APHIS, 2008).  The virus can be transmitted by direct or indirect contact with infected animals or an infected environment, such as movement of people, wild or domestic animals, or inanimate objects (such as vehicles, farm implements, and clothing); long-range airborne transmission is also possible (USDA, APHIS, 2007).  The virus can survive in meat and meat products in which the pH has remained above 6.0 and thus can be transmitted by infected meat and meat products and through infected meat that has been discarded as garbage.  Meat from pigs does not consistently reach as low an ultimate pH during carcass maturation as does beef, so the inactivation of FMD virus in pig meat may not be as complete as that occurring in beef (as cited in USDA, APHIS, 2008).</p>
<p>Rinderpest is an infectious disease of cattle, domestic buffalo, and certain other species.  It is characterized by fever, oral erosions, diarrhea, lymphoid necrosis, and high mortality.
</p>
<p>More information about the characteristics of the diseases of concern is available in APHIS’ evaluation related to this matter (USDA, APHIS, 2008).  The potential for impacts on the human environment from the importation of swine and ruminant commodities from Slovakia is dependent upon the ability of mitigative factors and mitigation measures to prevent the introduction of the diseases of concern via the biological pathways of disease transmission.  This section addresses the potential environmental impacts that could occur under the alternatives considered.</p>
<p><b>B.  No Action Alternative</b></p>
<p>The “no action” alternative would not allow swine, ruminants, or swine and ruminant commodities to be imported from Slovakia; the current APHIS regulations governing the importation of these commodities would remain unchanged with regard to Slovakia.  This alternative would have no potential effect on U.S. animal health, public health, or the physical environment.  However, based upon APHIS’ evaluation of the risk status of Slovakia for CSF, SVD, FMD, and Rinderpest, this alternative, however, is inconsistent with the requirements of international trade agreements. </p>
<p><b>C.  Proposed Rule Amendment Alternative
</b></p>
<p>The rule amendment alternative would allow the importation of swine and ruminant commodities from Slovakia according to certain requirements that are designed to prevent the introduction of CSF, SVD, FMD, and rinderpest.  Any potential for impacts to the human environment would be the result of exposure to the CSF, SVD, FMD, or rinderpest virus via a breakdown in the requirements that are designed to mitigate the risk of exposure of U.S. livestock to these viruses.  Animal health, the physical environment, and public health are addressed in this document as components of the U.S. human environment that have the potential to be impacted in the event that the CSF, SVD, FMD, or rinderpest virus were to be introduced as a result of the proposed rule amendment.  Also, other environmental review considerations for the protection of the human environment are addressed in this section of the EA.
</p>
<p></p>
<p>When allowing imports of live animals or animal products from other regions, the health of animals in the region of origin and the region’s ability to prevent introduction of animal diseases is important in determining the risk to the health of U.S. animals.  APHIS evaluated the animal health status of the exporting region, Slovakia, the results of which are provided in a risk analysis (USDA, APHIS, 2008). </p>
<p>In summarizing from the APHIS risk analysis, three outbreaks of CSF occurred in domestic swine in Slovakia between April and July 2008 (USDA, APHIS, 2008); prior to these occurrences, August 2005 was the last time CSF virus had been detected in domestic swine in Slovakia.  CSF continues to be found in Slovakia’s wild boar population.  All outbreaks in domestic swine from 2003 forward have been controlled by stamping out
 without vaccination.  Slovakia has never reported SVD in indigenous swine; however, in 1972, SVD was reported in imported pigs on three holdings, resulting in a total of 16 diagnosed cases.  The outbreaks were handled by stamping out, and no other cases have been reported since.  SVD has never been reported in wild boar in Slovakia.  Slovakia has been free of FMD since 1973 and is recognized by the OIE as an OIE-member country that is FMD-free where vaccination is not practiced (OIE, 2008).  
</p>
<p>Rinderpest has never been reported in Slovakia.   </p>
<p>Slovakia shares its border with five countries:  Austria to the west, the Czech Republic to the northwest, Poland to the northeast, Ukraine to the east, and Hungary to the south.  APHIS considers Austria, the Czech Republic, and Poland as low risk for CSF and free of SVD and FMD (as reflected in 9 CFR 94.1, 94.11, and 94.13).  APHIS has evaluated and determined that Hungary is free of CSF, SVD, FMD, and rinderpest, although the rulemaking process for recognizing its CSF status has not been completed.  APHIS has not evaluated Ukraine’s risk status for these diseases; however, Ukraine has not reported an outbreak of either SVD or FMD for more than a quarter century.  As reported in APHIS’ evaluation, the likelihood of introduction into Slovakia of SVD, FMD, or rinderpest from neighboring countries is thus considered to be low.  Introduction of CSF from one of the neighboring countries via wild boar is more likely.  However, the likelihood of disease introduction to domestic swine via this pathway is considerably less than that posed by native infected wild boar populations.  More details about the disease status of these countries are provided in the risk analysis for Slovakia (USDA, APHIS, 2008), Austria (USDA, APHIS, 2004), the Czech Republic (USDA, APHIS, 2006a), and Poland (USDA, APHIS, 2006b).  </p>
<p>APHIS’ evaluation of Slovakia (USDA, APHIS, 2008) assessed potential pathways of concern
 for CSF, FMD, SVD, or rinderpest introduction into Slovakia, whereby potential risk could occur to U.S. animal health by allowing the importation of swine and ruminant commodities from Slovakia.  The introduction of these diseases into Slovakia by the identified pathways would only affect export risk to the United States if a susceptible domestic animal population became infected and this infection was not detected prior to export.  However, Slovakia has in place mitigating factors and mitigation measures, including requirements under EC legislation, that are designed to reduce the risk of disease introduction.  These include, but are not limited to, the following:</p>
<p>-
Comprehensive EC requirements for import, transit, or trade in live animals, including signature of an official veterinarian of the country of origin.</p>
<p>-
Inspection of swine semen collection centers by official veterinarians twice annually, swine admitted to a collection center must originate from a herd that is not located in an area restricted because of disease in domestic swine, and the swine must be quarantined for at least   30 days prior to entry to the collection center.</p>
<p>-
Bovine semen collection centers must be EC-approved, the animals must be isolated for 28 days prior to entry and the collection center must be located in a region that has been free of FMD for 3 months with no outbreaks within a 20 kilometer radius for at least 30 days.  
</p>
<p>-
Cleaning and disinfection of transport vehicles used to move live swine.
</p>
<p>-
EC requirements for isolation, observation, and veterinary inspection of live animals prior to transport.
</p>
<p>-
Veterinary inspection practices at the point of entry for live animals and animal products.</p>
<p>· A comprehensive and rigorous approval process for exporting establishments (including slaughter establishments and semen collection centers);
</p>
<p>· A mandatory observation period for imported live animals and veterinary inspection prior to shipment and another veterinary inspection at the port of entry into the EU; and
</p>
<p>· Disinfection of live-haul trucks and rail cars at the point of destination.  Such vehicles from third
 countries must be accompanied by a certificate indicating that they were disinfected prior to loading.</p>
<p>The risk estimation concludes that the risk potential of infected live swine and/or swine commodities entering the United States from Slovakia and exposing U.S. livestock is low (USDA, APHIS, 2008).  This risk is further mitigated if Slovakia is subject to the same requirements specified for other EU Member States in APHIS’ regulations under 9 CFR § 94.11 for meat and meat products from ruminants or swine, §§ 94.13 and 94.24 for pork and pork products, § 94.24 for breeding swine, and § 98.38 for swine semen.  The requirements specified in APHIS regulations are designed to prevent the introduction of CSF, SVD, FMD, or rinderpest into the United States from free or low-risk regions and include, but are not limited to, the following:</p>
<p>· Official certification of the CSF-, SVD-, and/or FMD and rinderpest-free origin of swine, ruminants, and swine and ruminant commodities is required;</p>
<p>· Approval of exporting slaughtering establishments by USDA’s Food Safety and Inspection Service is required and an official veterinarian of the exporting country must certify that this condition has been met; 
</p>
<p>· The slaughtering establishment is not permitted to receive swine or ruminants, meat, or other animal products derived from swine or ruminants, which originated in a rinderpest- or FMD-infected region;
</p>
<p>· The slaughtering establishment is not permitted to receive meat or other animal products from a rinderpest- or FMD-free region transported through a rinderpest- or FMD-infected region except in sealed containers;
</p>
<p>· Meat and other animal products derived from swine or ruminants may not be commingled or otherwise come into contact with meat or other animals products which originated in a rinderpest- or FMD-infected region;
</p>
<p>· Swine, pork, or pork products may not be commingled or otherwise come into contact with swine, pork, or pork products from CSF- or SVD-affected regions; 
</p>
<p>· Semen must originate from animals at an approved collection center; and 
</p>
<p>· Certain restrictions on the use of transportation equipment for live swine and movement of the commodities are in place.  
</p>
<p>Based on the results of the release assessment discussed in APHIS’ evaluation (USDA, APHIS, 2008), APHIS considers the likelihood of exposure of susceptible animals to CSF virus via live animals from Slovakia to be low.  APHIS has no evidence that SVD, FMD, or rinderpest currently exists in Slovakia.  Applying mitigation measures for Slovakia equivalent to those specified for other EU Member States in 9 CFR §§ 94.11, 94.13, 94.24, and 98.38 would result in a level of risk that is equivalent to the portion of the EU that is authorized to export breeding swine, swine semen, and fresh pork to the United States (USDA, APHIS, 2008). </p>
<p>If the proposed action were implemented and an incursion of CSF, SVD, FMD, or rinderpest were to occur in an area of Slovakia, APHIS regulations would prohibit for a specified period of time the exportation of swine commodities and, in the case of FMD or rinderpest, ruminants or ruminant commodities as well, from the affected area that could be effectively regionalized for disease status.
  For a CSF outbreak in domestic swine, restrictions would be lifted once the designation as a restricted zone is lifted by the competent veterinary authority of Slovakia or 6 months following depopulation of the swine on the affected premises in the restricted zone and the cleaning and disinfection of the last affected premises in the zone, whichever is later.  For a CSF outbreak in wild boar, restrictions would remain in place from the time of detection until the designation of the zone as a restricted zone is removed by the Member State’s competent veterinary authority.  For an outbreak of SVD, FMD, or rinderpest, restrictions would remain in place until the restricted region was re-evaluated for disease-free status.    
</p>
<p>If CSF, SVD, FMD, or rinderpest were introduced into the United States, APHIS would implement disease eradication measures, which could include quarantine and depopulation in areas where an effective barrier to the introduction of the disease can be established, surveillance of the area around an outbreak, and measures aimed at preventing any virus spread by swine or ruminant commodities, contaminated material, and vehicles.  FMD or rinderpest could have more of an impact on U.S. animal health than CSF or SVD in that FMD or rinderpest could spread to other livestock species, such as cattle, sheep, and goats, and wildlife species, such as deer, elk, caribou, and bison.  
</p>
<p></p>
<p>If the introduction of CSF, SVD, FMD, or rinderpest to U.S. swine were to occur, potential for impacts to the physical environment could occur in relation to disposal of carcasses due to death from disease and depopulation of infected animals or disposal of contaminated bedding and manure.  Disposal methods could include rendering, burial, and incineration.  If not handled properly, disposal of infected animals and materials could impact air, water, and soil quality and potentially could release the live CSF, SVD, FMD, or rinderpest virus into the environment.  Factors influencing proper disposal methods include the volume of infected animals and contaminated materials, geographic features of the area (e.g., water resources and soil type), other physical environment considerations (such as weather and temperature), and available funds, equipment, and personnel.  
</p>
<p>Potential for impacts to the physical environment from the introduction of CSF, SVD, FMD, or rinderpest could occur in relation to the use of disinfectants to prevent the transfer of the CSF, SVD, FMD, or rinderpest virus from surfaces.  As part of an eradication program, measures aimed at preventing spread of the CSF, SVD, FMD, or rinderpest virus, including disinfection of equipment, transport vehicles, and/or premises where infected swine or ruminants were maintained, would be required in order to prevent mechanical transfer of the virus.  Disinfectants used for such purposes would have to be approved for the specific use with the U.S. Environmental Protection Agency and used according to registration requirements.  Label instructions for disinfectants would be provided for their proper application to prevent potential environmental impacts associated with the use of the registered product.</p>
<p>The risk analysis that evaluates the animal health status of swine in Slovakia concludes from the release assessment that Slovakia is low risk for CSF and free of SVD, FMD, and rinderpest (USDA, APHIS, 2008).  APHIS further concludes from the exposure assessment in the risk analysis that the likelihood of exposure of susceptible U.S. livestock to CSF, SVD, or FMD viruses via imported meat or meat products (e.g., infected food waste), live animals, or genetic material from Slovakia is low.  Implementation of mitigation measures specified in 9 CFR § 94.11 for FMD and rinderpest, in 9 CFR § 94.13 for SVD, and in 9 CFR §§ 94.24 and 98.38 for CSF further mitigate the risk.  The conditions, or mitigation measures, that would be required to be met in order to comply with APHIS import regulations for swine commodities from Slovakia are designed to prevent the introduction of CSF, SVD, FMD, and rinderpest into the United States.  Under the proposed action, no significant impact on the physical environment as a result of allowing the importation of swine or swine products from Slovakia according to the requirements is reasonably foreseeable.  </p>
<p>   
</p>
<p>CSF, SVD, FMD, and rinderpest virus strains are host-specific, and, therefore, CSF, SVD, FMD, and rinderpest infections are not a public health issue (USDA, APHIS, 2008).  The occurrence of the SVD virus in humans is rare; human infection has been reported in laboratory personnel working with the SVD virus, and caution should be taken when working with infected material.  CSF does not affect humans (The Center for Food Security & Public Health, 2005).  FMD infection in humans, spread through contact with infected animals, is rare (Centers for Disease Control and Prevention, 2006).  
</p>
<p>Other Federal agencies have direct authority over public health issues involving the importation of food products.  The USDA’s Food Safety and Inspection Service (FSIS) enforces provisions under the Federal Meat Inspection Act (FMIA) (26 U.S.C. 601 et seq.) that are intended to protect public health through food safety requirements.  These provisions extend to imported carcasses, parts of carcasses, and meat or meat food products, including from swine.  Products that are allowed to be imported must be processed in a facility that has been inspected and approved by FSIS and meets requirements equivalent to those under the U.S.FMIA.  Under section 304(h) of the Federal Food, Drug, and Cosmetic Act, the U.S. Department of Health and Human Services, Food and Drug Administration (FDA) has authority to detain an article of food for which there is credible evidence or information indicating such article presents a threat of serious adverse health consequences or death to humans or animals.  This authority provides an added measure to ensure the safety of the nation's food supply (U.S. Food and Drug Administration, 2004).</p>
<p><b>a.  Environmental Executive Orders
</b></p>
<p>Some executive orders such as Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks, and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and departmental or agency directives require special environmental reviews in certain circumstances.  In considering these additional review requirements, no circumstance that would trigger the need for special environmental reviews is involved in implementing the proposed action considered in this document.  The proposed rule amendment alternative presents no risk to the health or safety of children and will not result in disproportionately high and adverse human health and/or environmental effects on any minority populations and/or low-income populations in the United States.
</p>
<p><b>b.  Endangered Species Act
</b></p>
<p>Section 7 of the Endangered Species Act (ESA) and its implementing regulations require Federal agencies to ensure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat.  APHIS has considered the potential effects of the proposed action on endangered and threatened species and designated critical habitat.  CSF and SVD are host specific, and there are no known federally listed or proposed endangered or threatened species in the United States that would be affected by CSF or SVD; therefore, the proposed rule amendment will have no effect on endangered or threatened species in the United States or critical habitat.  However, six endangered species are susceptible to FMD (see table 1).</p>
<p><b>Table 1.
Endangered species in the United States susceptible to foot and mouth disease. </b></p>
<table><tbody><tr>	<td><p><b>Common Name</b></p>
</td>	<td><p><b>Scientific Name</b></p>
</td>	<td><p><b>Critical Habitat</b></p>
</td>	<td><p><b>Listing Status</b></p>
</td></tr>
<tr>	<td><p>Woodland caribou</p>
</td>	<td><p><i>Rangifer tarandus caribou</i></p>
</td>	<td><p>No</p>
</td>	<td><p>Endangered</p>
</td></tr>
<tr>	<td><p>Columbian white-tailed deer</p>
</td>	<td><p><i>Odocoileus virginianus leuceurus</i></p>
</td>	<td><p>No</p>
</td>	<td><p></p>
</td></tr>
<tr>	<td><p>Key deer</p>
</td>	<td><p><i>Odocoileus virginianus clavium</i></p>
</td>	<td><p>No</p>
</td>	<td><p></p>
</td></tr>
<tr>	<td><p>Sonoran pronghorn</p>
</td>	<td><p><i>Antilocapra americana sonoriensis</i></p>
</td>	<td><p>No</p>
</td>	<td><p></p>
</td></tr>
<tr>	<td><p>Bighorn sheep</p>
</td>	<td><p><i>Ovis canadensis</i></p>
</td>	<td><p>Yes</p>
</td>	<td><p></p>
</td></tr>
<tr>	<td><p>Sierra Nevada bighorn sheep</p>
</td>	<td><p><i>Ovis canadensis sierrae</i></p>
</td>	<td><p>Yes</p>
</td>	<td><p></p>
</td></tr>
</tbody></table>
<p>APHIS conducted a risk analysis and determined that the risk of infected swine and ruminant commodities entering the United States from Slovakia and exposing U.S. livestock to FMD is low (USDA, APHIS, 2008).  This risk would be further mitigated by requiring implementation of the measures outlined in 9 CFR § 94.11 that place restrictions on the importation of meat and other animal products derived from ruminants and swine that originate from regions which are free of FMD but share a common land border with regions designated as infected with FMD.</p>
<p>Based upon the effectiveness of the mitigation measures included in </p>
<p>9 CFR § 94.11 and the low likelihood of exposure of U.S. livestock to FMD virus, implementation of the proposed rulemaking is expected to have no effect on federally listed endangered species or designated critical habitat.  </p>
<p><b>IV.  Agencies or Persons Contacted
</b></p>
<p>Environmental Services
</p>
<p>Policy and Program Development, APHIS, USDA 
</p>
<p>4700 River Road, Unit 149
</p>
<p>Riverdale, MD  20737-1238</p>
<p><b>V.  References
</b></p>
<p>Centers for Disease Control and Prevention, 2006.  Foot-and-mouth disease.  Available at <a href="http://www.cdc.gov/doc.do/id/0900f3ec8024f90b"><u>http://www.cdc.gov/doc.do/id/0900f3ec8024f90b</u></a>. 
</p>
<p>OIE—See World Organization for Animal Health.  
</p>
<p>The Center for Food Security and Public Health, 2005.  Classical swine fever.  College of Veterinary Medicine, Iowa State University.  Ames, IA.  Last updated August 2, 2005.  Available at <a href="http://www.cfsph.iastate.edu/Factsheets/pdfs/classical_swine_fever.pdf"><u>http://www.cfsph.iastate.edu/Factsheets/pdfs/classical_swine_fever.pdf</u></a>.  Accessed 7/17/2008.
</p>
<p>USDA, APHIS—See U.S. Department of Agriculture, Animal and Plant Health Inspection Service.
</p>
<p class="plain_Text">U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 2004.  APHIS risk considerations on importation of classical swine fever (CSF) virus in breeding swine, swine semen, and fresh pork from a European Union region of fifteen Member States.  U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import and Export.  September 2004.
</p>
<p class="plain_Text">U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 2006a.  Evaluation of the Czech Republic regarding classical swine fever and swine vesicular disease.  U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import and Export.  January 2006.
</p>
<p class="plain_Text">U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 2006b.  APHIS evaluation of Poland regarding classical swine fever and swine vesicular disease.  U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import and Export.  January 2006.</p>
<p>U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 2009.  APHIS evaluation of the status of Slovakia regarding classical swine fever, swine vesicular disease, and foot and mouth disease.  Veterinary Services, National Center for Import and Export.  March 2009.
</p>
<p class="textecentre">World Organization for Animal Health, 2008.  List of foot and mouth disease free countries.  Adopted by the International Committee of the OIE on May 27, 2008.  Available at <a href="http://www.oie.int/eng/info/en_find.htm?eld6#Liste"><u>http://www.oie.int/eng/info/en_find.htm?eld6#Liste</u></a>.  Updated 10/28/08; accessed 11/07/08.  </p>
<p>1.  Animal 
</p>
<p>	Health 
</p>
<p>
</p>
<p>2.  Physical Environ-ment
</p>
<p>
</p>
<p>3.  Public Health
</p>
<p>
</p>
<p>4.  Additional Environ-mental Review Consider-
</p>
<p>ations
</p>
<p>
</p>
<p>
</p>
<p>�  The Czech Republic, Latvia, Lithuania, and Poland (72 Federal Register (FR) 67227–67233; November 28, 2007).
</p>
<p>�  By “of this nature,” we mean that the same disease concern is being considered, the same or comparable commodities are being considered for importation, the same or equivalent risk mitigation measures are in place in the exporting country and in APHIS import regulations, and our risk evaluation determines that the importation of the commodities into the United States would pose no greater risk than those authorized importation from previously assessed countries.
</p>
<p>�  The APHIS-defined EU CSF region currently consists of Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, the Republic of Ireland, Spain, Sweden and the United Kingdom (England, Scotland, Wales, the Isle of Man and Northern Ireland).  
</p>
<p>
</p>
<p>�  Imposing animal movement restrictions and eradicating the disease immediately.
</p>
<p>
</p>
<p>�  (1) natural movement of wild boars, (2) import and trade of live swine, (3) import and trade of swine products, (4) incoming vehicular and human traffic, and (5) agricultural commodities for personal consumption.
</p>
<p>�  Countries other than EU Member States.
</p>
<p>�  According to the associated risk analysis, exclusively for veterinary purposes, Slovakia is divided into 40 veterinary districts.  APHIS considers the district to constitute the smallest administrative jurisdiction for Slovakia, ensuring effective oversight of normal animal movements into, out of, and within that jurisdiction, and that, in association with national authorities, if necessary, has effective control over animal movements and animal diseases locally. This is the smallest unit to which APHIS can effectively regionalize for animal disease status under its current regulations. 
</p>
<p>
</p>
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