Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 65431 

restriction on receipt of funds under 

CAP but only as to beneficiaries who, as 

a condition of such waiver, agree to 

apply the CAP payments to reduce the 

amount of the judgment lien. 

(l) For CAP, producers are either 

eligible or ineligible. Therefore, the 

provisions of § 718.304 of this chapter, 

‘‘Failure to Fully Comply,’’ do not apply 

to this subpart. 

(m) The regulations in subpart B 

apply to CAP. In addition to those 

regulations that specifically include 

subpart H or apply to this part, the 

following sections specifically apply to 

this subpart: §§ 760.113(a), 760.114, and 

760.116(a). 

Signed in Washington, DC, on October 19, 

2010. 

Carolyn B. Cooksie, 

Administrator, Farm Service Agency. 

[FR Doc. 2010–26869 Filed 10–22–10; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2010–0077] 

Change in Disease Status of Japan 

Because of Foot-and-Mouth Disease 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations governing the importation of 

certain animals, meat, and other animal 

products by removing Japan from the 

list of regions considered to be free of 

foot-and-mouth disease (FMD) and also 

from the list of FMD-free regions that 

are subject to certain import restrictions 

on meat and meat products because of 

their proximity to or trading 

relationships with FMD- or rinderpestaffected countries. We are taking this 

action because the existence of FMD has 

been confirmed in Japan. This action 

restricts the importation of ruminants 

and swine and the fresh meat and other 

animal products of ruminants and swine 

from that country and is necessary to 

prevent the introduction of FMD into 

the United States. 

DATES: This interim rule is effective 

October 25, 2010. However, we are 

imposing this restriction retroactively to 

April 20, 2010. We will consider all 

comments that we receive on or before 

December 27, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2010-0077 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0077, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0077. 

Reading Room: 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. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Kelly Rhodes, Senior Staff Veterinarian, 

Regionalization Evaluation Services— 

Import, National Center for Import and 

Export, VS, APHIS, 4700 River Road 

Unit 38, Riverdale, MD 20737–1231; 

(301) 734–4356. 

SUPPLEMENTARY INFORMATION: 

Background 

Foot-and-mouth disease (FMD) is a 

severe and highly contagious viral 

infection affecting cloven-hoofed 

ruminants, including cattle, deer, goats, 

sheep, swine, and other animals. The 

disease is highly communicable and is 

characterized by fever and blister-like 

lesions on the tongue and lips, in the 

mouth, on the teats, and between the 

hooves. It causes severe losses in the 

production of meat, milk, and other 

dairy products. Although many animals 

survive the disease, it leaves them 

debilitated. FMD is endemic to more 

than two-thirds of the world and is 

considered to be widespread in parts of 

Africa, Asia, Europe, and South 

America. Because of the highly 

communicable nature of FMD, it is 

necessary to protect livestock that are 

free of the disease from any animals, 

animal products, or other articles that 

might be contaminated with the FMD 

virus. 

Although FMD was eradicated in the 

United States in 1929, the virus could 

be reintroduced by a single infected 

animal, animal product, or person 

carrying the virus. Once introduced, 

FMD can spread quickly through 

exposure to aerosols from infected 

animals, direct contact with infected 

animals, contact with contaminated feed 

or equipment, ingestion of animal 

products, or contact with humans 

harboring the virus or carrying the virus 

on their clothing. 

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 FMD. Section 

94.1 of the regulations lists regions of 

the world that are considered free of 

rinderpest and FMD. Japan has been 

listed in § 94.1 as a region considered 

free of rinderpest and FMD. Section 

94.11 lists regions of the world 

considered 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. Japan has 

been listed in § 94.11 as one of the 

regions from which meat and other 

animal products of ruminants and swine 

are subject to additional restrictions. 

On April 20, 2010, the Ministry of 

Agriculture, Forestry, and Fisheries of 

Japan reported an outbreak of FMD in 

that country to the World Organization 

for Animal Health (OIE). In response, 

APHIS administratively issued 

temporary restrictions on commodities 

from Japan that could harbor FMD virus. 

Since that date, Japan has reported FMD 

on a total of 292 premises. No new cases 

have been diagnosed since July 4, 2010. 

We are amending the regulations in 

§ 94.1(a)(1) to remove Japan from the list 

of regions free of rinderpest and FMD 

and are amending the regulations in 

§ 94.1(a)(3) to add Japan to the list of 

regions free of rinderpest. We are also 

amending the regulations in § 94.11 to 

remove Japan 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. 

Additionally, we are making a 

nonsubstantive change to § 94.27 to 

clarify our intent regarding that section. 

The provisions of § 94.27 allow the 

importation from Japan of whole cuts of 

boneless beef derived from cattle that 

meet specified conditions to mitigate 

the risk of introducing bovine 

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65432 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 

spongiform encephalopathy (BSE) into 

the United States. The introductory text 

in § 94.27 indicates that beef meeting 

the conditions of that section is eligible 

for importation into the United States, 

notwithstanding any other provisions of 

part 94. Interpreted literally, that 

wording would supersede the 

prohibitions being imposed by this 

interim rule with regard to FMD. 

However, that is not our intent. When 

§ 94.27 was added to the regulations in 

2005, the intent behind the 

‘‘notwithstanding’’ wording was to 

reflect our determination that qualifying 

beef from Japan could be safely 

imported into the United States with 

regard to BSE, even though Japan was 

listed in § 94.18 as a country in which 

BSE exists. To clarify that intent, we are 

revising the introductory text of § 94.27 

to indicate that section is applicable 

notwithstanding any provisions of 

§ 94.18. However, any other applicable 

restrictions set forth in part 94 still 

apply and the importation of any fresh 

beef from Japan is prohibited as long as 

Japan is not listed as a country free of 

FMD. 

Although we are removing Japan from 

the list of regions considered free of 

rinderpest and FMD, we recognize that 

the Ministry of Agriculture, Forestry, 

and Fisheries of Japan has responded to 

the detection of FMD by imposing 

restrictions on the movement of 

ruminants, swine, and ruminant and 

swine products from FMD-affected 

areas; by conducting heightened 

surveillance activities; and by initiating 

measures to eradicate the disease. As 

noted above, no new cases of FMD have 

been diagnosed in Japan since July 4, 

2010. We intend to reassess this 

situation at a future date in accordance 

with the standards of the OIE. As part 

of that reassessment process, we will 

consider all comments received on this 

interim rule. The future reassessment 

will determine whether we can restore 

Japan to the list of regions in which 

FMD is not known to exist. 

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 we 

receive during the comment period for 

this interim rule (see DATES above). 

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. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. This interim rule is 

not expected to have an immediate or 

significant economic impact on small 

entities producing beef and swine 

products in the United States. As cattle 

and swine in Japan are culled due to the 

FMD outbreak there and supplies of beef 

and pork products become tighter in 

Japan, there may be an increase in the 

demand for U.S. beef and pork products. 

With regard to imports, beef imported 

from Japan is a unique product that 

serves a high-priced specialty market. 

Although entities that purchase beef 

from Japan will be affected by this rule, 

farms in the United States that raise 

cattle for this type of beef may benefit 

from the prohibition on imports of beef 

from Japan. We invite comment on our 

full economic analysis, which is posted 

with this interim rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may also 

be obtained from the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

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 April 20, 2010; and 

(3) does not require administrative 

proceedings before parties may file suit 

in court challenging this rule. 

Paperwork Reduction Act 

This interim 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 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-ANDMOUTH DISEASE, EXOTIC 

NEWCASTLE DISEASE, AFRICAN 

SWINE FEVER, CLASSICAL SWINE 

FEVER, SWINE VESICULAR DISEASE, 

AND BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS 

■ 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. 

94.1 [Amended] 

■ 2. Section 94.1 is amended as follows: 

■ a. In paragraph (a)(2), by removing the 

word ‘‘Japan,’’. 

■ b. In paragraph (a)(3), by adding the 

word ‘‘Japan,’’ immediately before the 

word ‘‘Namibia’’. 

94.11 [Amended] 

■ 3. In § 94.11, paragraph (a) is amended 

by removing the word ‘‘Japan,’’. 

§ 94.27 [Amended] 

■ 4. In § 94.27, the introductory text is 

amended by removing the words 

‘‘Notwithstanding any other provisions 

of this part,’’ and adding in their place 

the words ‘‘Notwithstanding the 

provisions of § 94.18,’’. 

Done in Washington, DC, this 19th day of 

October 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–26849 Filed 10–22–10; 8:45 am] 

BILLING CODE 3410–34–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2009–0343 FRL–9217–2] 

New Mexico: Final Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of New Mexico has 

applied to the EPA for final 

authorization of changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The EPA has determined 

that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

WReier-Aviles on DSKJ8SOYB1PROD with RULES