Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Proposed Rules 19915 

guardian, executor, administrator, trustee, or 

other personal fiduciary in such matters must 

obtain the approval required by law of the 

Government official responsible for the 

employee’s appointment in addition to the 

regulatory approval required in this section. 

(d) Procedure for requesting 

approval—(1) The approval required by 

paragraph (b) of this section shall be 

requested by e-mail or other form of 

written correspondence in advance of 

engaging in outside employment as 

defined in paragraph (c) of this section. 

(2) The request for approval to engage 

in outside employment or certain other 

activities shall set forth, at a minimum: 

(i) The name of the employer or 

organization; 

(ii) The nature of the legal activity or 

other work to be performed; 

(iii) The title of the position; and 

(iv) The estimated duration of the 

outside employment. 

(3) Upon a significant change in the 

nature or scope of the outside 

employment or in the employee’s 

official position within FHFA, the 

employee must, within seven calendar 

days of the change, submit a revised 

request for approval. 

(e) Standard for approval. The DAEO 

may grant the approval required by 

paragraph (b) of this section only upon 

his or her written determination that the 

outside employment is not expected to 

involve conduct prohibited by statute or 

Federal regulation, including 5 CFR part 

2635 and this part. 

(f) Issuance of instructions. The DAEO 

may issue written instructions 

governing the submission of requests for 

approval of outside employment under 

paragraph (d) of this section. The 

instructions may exempt categories of 

employment from the prior approval 

requirement of paragraph (b) of this 

section based on a determination by the 

DAEO that employment within those 

categories of employment would 

generally be approved and is not likely 

to involve conduct prohibited by 

Federal law or regulation, including 5 

CFR part 2635 and this part. 

§ 9001.106 Restrictions resulting from 

employment of family and household 

members. 

(a) Disqualification of employee. An 

employee may not participate in any 

particular matter in which a regulated 

entity is a party if the regulated entity 

employs as an employee or a consultant 

his or her spouse, child, parent, or 

sibling, or member of his or her 

household unless the DAEO has 

authorized the employee to participate 

in the matter using the standard set 

forth in 5 CFR 2635.502(d). 

(b) Reporting certain relationships. 

Within 30 days of the spouse, child, 

parent, sibling, or member of the 

employee’s household being employed 

by the regulated entity, the employee 

shall provide in writing notice of such 

employment to the DAEO. 

§ 9001.107 Other limitations. 

(a) Director and Deputy Directors. The 

Director, the Deputy Director of the 

Division of Enterprise Regulation, the 

Deputy Director of the Division of 

Federal Home Loan Bank Regulation, 

and the Deputy Director for Housing 

Mission and Goals are subject to 

additional financial interest limitations 

as set forth in section 1312(g) of the 

Safety and Soundness Act, 12 U.S.C. 

4512(g). 

(b) Financial interests in Bank 

members and other financial 

institutions. If an employee or the 

spouse or minor children of the 

employee directly or indirectly owns a 

financial interest in a member of a Bank 

or in a financial institution such as a 

mortgage bank, mortgage broker, bank, 

thrift, or other financial institution that 

originates, insures, or services 

mortgages that are owned, guaranteed, 

securitized, or collateralized by a 

regulated entity, the employee is 

cautioned not to violate the statutory 

prohibition against financial conflicts of 

interest set forth in 18 U.S.C. 208. The 

government-wide de minimis and other 

exceptions set forth in 5 CFR 2640.202 

are applicable to the ownership or 

control of interests in such financial 

institutions. Employees are encouraged 

to seek a determination from the DAEO 

as to whether the financial interest in 

the member of the Bank or in the 

financial institution creates a financial 

conflict of interest or an appearance of 

a conflict of interest and whether the 

employee should disqualify himself or 

herself from participating in an official 

capacity in a particular matter involving 

the financial institution. 

§ 9001.108 Prohibited recommendations. 

Employees shall not make any 

recommendation or suggestion, directly 

or indirectly, concerning the 

acquisition, sale, or divestiture of 

securities of a regulated entity. 

§ 9001.109 Prohibited purchase of assets. 

An employee or the employee’s 

spouse or minor children shall not 

purchase, directly or indirectly, any real 

or personal property from a regulated 

entity, unless it is sold at public auction 

or by other means which would assure 

that the selling price is the asset’s fair 

market value. 

Dated: January 18, 2010. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

Approved: April 8, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2010–8649 Filed 4–15–10; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS-2009-0034] 

RIN 0579-AD12 

Changes in Disease Status of the 

Brazilian State of Santa Catarina with 

Regard to Certain Ruminant and Swine 

Diseases 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of certain animals and 

animal products by adding the Brazilian 

State of Santa Catarina to the list of 

regions we recognize as free of foot-andmouth disease, rinderpest, swine 

vesicular disease, classical swine fever, 

and African swine fever. We are 

proposing this action at the request of 

the Government of Brazil and after 

conducting a risk evaluation that 

concludes that the Brazilian State of 

Santa Catarina is free of these diseases. 

This proposed action would relieve 

certain restrictions on the importation 

into the United States of live swine, 

swine semen, pork meat, pork products, 

live ruminants, ruminant semen, 

ruminant meat, and ruminant products 

from Santa Catarina while continuing to 

protect against the introduction of these 

diseases into the United States. 

DATES: We will consider all comments 

that we receive on or before June 15, 

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=APHIS-2009-0034) to 

submit or view comments and to view 

supporting and related materials 

available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS-2009-0034, 

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19916 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Proposed Rules 

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. APHIS2009-0034. 

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. 

Silvia Kreindel, Senior Staff 

Veterinarian, Regionalization Evaluation 

Services Staff, National Center for 

Import and Export, VS, APHIS, 4700 

River Road Unit 38, Riverdale, MD 

20737; (301) 734-4356 or (301) 734- 

8419. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 9 CFR part 94 

(referred to below as the regulations) 

govern the importation into the United 

States of specified animals and animal 

products in order to prevent the 

introduction of various animal diseases, 

including rinderpest, foot-and-mouth 

disease (FMD), African swine fever 

(ASF), classical swine fever (CSF), and 

swine vesicular disease (SVD). These 

are dangerous and destructive 

communicable diseases of swine and 

ruminants. 

Section 94.1 of the regulations 

prohibits, with certain exceptions, the 

importation into the United States of 

live swine, live ruminants, and products 

from these species from regions where 

FMD or rinderpest is known to exist. 

Rinderpest or FMD exists in all regions 

of the world except for certain regions 

that are listed as free of rinderpest or 

free of both rinderpest and FMD in 

§ 94.1. 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 rinderpestor FMD-affected regions. Section 94.8 of 

the regulations restricts the importation 

into the United States of pork and pork 

products from regions where ASF is 

known to or reasonably believed to 

exist. ASF is known to or reasonably 

believed to exist in those regions of the 

world listed in § 94.8. Section 94.9 of 

the regulations restricts the importation 

into the United States of pork and pork 

products from regions where CSF is 

known to exist, and § 94.10 prohibits, 

with certain exceptions, the importation 

of live swine from regions where CSF is 

known to exist. Sections 94.9 and 94.10 

provide that CSF exists in all regions of 

the world except the regions listed in 

those sections. Section 94.12 of the 

regulations restricts the importation into 

the United States of pork and pork 

products from regions where SVD is 

known to exist. SVD exists in all regions 

of the world except for certain regions 

that are listed as free of SVD in this 

section. 

The Government of Brazil has 

requested that the U.S. Department of 

Agriculture (USDA) consider Santa 

Catarina to be free of rinderpest, FMD, 

ASF, CSF, and SVD in order to initiate 

trade in fresh pork. Declaring Santa 

Catarina to be free of these diseases 

would relieve restrictions on the 

importation of not just fresh pork but 

also additional commodities that could 

potentially carry these diseases, such as 

live swine, swine semen, pork meat, 

pork products, live ruminants, ruminant 

semen, ruminant meat, and ruminant 

products. In response to the 

Government of Brazil’s request, the 

USDA’s Animal and Plant Health 

Inspection Service (APHIS) has 

conducted an evaluation of the disease 

status of Santa Catarina with regard to 

FMD, CSF, SVD, and ASF, which 

included one site visit to Santa Catarina 

and three site visits to other Brazilian 

States. The risk evaluation, ‘‘APHIS 

Evaluation of the Status of the Brazilian 

State of Santa Catarina Regarding Footand-Mouth Disease, Classical Swine 

Fever, Swine Vesicular Disease, and 

African Swine Fever,’’ may be obtained 

by contacting the person listed under 

FOR FURTHER INFORMATION CONTACT. The 

document may also be viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

In the risk evaluation, we concluded 

that Santa Catarina is free of FMD, ASF, 

CSF, and SVD and has adequate 

veterinary infrastructures in place to 

prevent, control, and manage outbreaks 

of these diseases if they were to occur. 

Rinderpest was not considered within 

the scope of the risk evaluation as it is 

not endemic to the Americas and has 

never been established within Brazil. 

We are therefore proposing to amend 

the regulations by adding Santa Catarina 

to the list in § 94.1 of regions that are 

free of rinderpest and FMD, the list in 

§ 94.11 of regions that are declared 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 FMDaffected regions, the lists in §§ 94.9 and 

94.10 of regions that are free of CSF, and 

the list in § 94.12 of regions that are free 

of SVD. We are also proposing to 

exclude Santa Catarina from the list in 

§ 94.8 of regions where ASF is known to 

or reasonably believed to exist. 

Risk Evaluation 

Drawing on data submitted by the 

Government of Brazil and observations 

from our site visit to the region under 

consideration, we have evaluated the 

animal health status of Santa Catarina 

relative to FMD, ASF, CSF, and SVD. 

Our evaluation was conducted 

according to the 11 factors identified in 

§ 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. A summary 

evaluation of each factor is discussed 

below. 

Veterinary Authority and Infrastructure 

Federal and State authorities provide 

the two main structures for Brazil’s 

veterinary services. Brazil’s Ministry of 

Agriculture, Livestock, and Food 

Supply (MAPA), through the 

Department of Animal Health, has the 

primary Federal authority governing all 

animal health programs. MAPA 

coordinates all aspects of the national 

animal health system, including 

developing animal disease control 

strategies, conducting laboratory 

diagnosis, and auditing State veterinary 

services. State personnel are responsible 

for executing Federal programs, laws, 

and policies at the State level. The 

responsibilities of state officials for 

carrying out Federal programs are 

outlined in standard operating 

procedures developed with Federal 

officials. Additionally, MAPA has a 

system of official veterinarians and 

support staff in place for carrying out 

field programs and for import controls 

and animal quarantine. The Brazilian 

State of Santa Catarina’s veterinary 

services implements Federal animal 

health programs at the field level in 

coordination with the Companhia 

Integrada de Desenvolvimento Agricola 

de Santa Catarina (CIDASC), an 

integrated public company. Regional 

and local officers of the official state 

veterinary services are part of the 

CIDASC. The work of CIDASC is subject 

to inspection and auditing by MAPA. 

APHIS considers that MAPA and the 

Brazilian State of Santa Catarina have 

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sufficient legal authority to carry out 

official disease control, eradication, and 

quarantine activities. 

Review of veterinary infrastructure 

with MAPA and CIDASC officials 

demonstrated an infrastructure adequate 

for carrying out surveillance programs 

in Santa Catarina and for rapidly 

detecting FMD, CSF, ASF, and SVD. 

The technical infrastructure is adequate, 

and officials use advanced technologies 

to conduct animal health programs. 

Santa Catarina’s local veterinary unit 

offices are adequately staffed, with 

strong local contacts, coverage, and 

control mechanisms. Personnel 

appeared to be adequately trained in 

identifying the clinical signs of FMD, 

SVD, ASF, and CSF. Local veterinary 

units also regularly provide information 

on disease signs and reporting 

requirements to producers within their 

coverage area. The private sector is 

strongly committed to general animal 

health activities as well as disease 

eradication and traceability 

(identification) systems, and shows its 

support by substantial financial 

contributions. With regard to indemnity 

procedures, we concluded that 

sufficient funds are available to 

compensate owners for depopulated, 

exposed, and affected animals. The 

Federal authorities provide money for 

payments from the national treasury, 

and money also comes from private 

indemnity funds created and 

administered by producers. 

Disease Status in the Region 

There is no evidence of any FMD, 

CSF, SVD, or ASF infections or 

outbreaks in Santa Catarina. No 

outbreaks of FMD have occurred in 

Santa Catarina since 1993, and the 

World Organization for Animal Health 

(OIE) recognized Santa Catarina as free 

of FMD without vaccination in 2007. No 

outbreaks of ASF have occurred in 

Santa Catarina since 1981, and no 

outbreaks of CSF have occurred in Santa 

Catarina since 1990. SVD has never 

occurred in Brazil. 

Disease Status of Adjacent Regions and 

Separation Measures 

Adjacent regions that were considered 

in our risk analysis were the Brazilian 

States of Rio Grande Do Sul and Parana ́

and the neighboring country of 

Argentina. Santa Catarina is surrounded 

by the Brazilian States of Rio Grande Do 

Sul and Parana ́, both recognized by the 

OIE as free of FMD with vaccination. 

The last FMD outbreak in Rio Grande 

Do Sul occurred in 2001, and the last 

FMD outbreak in Parana ́ occurred in 

2005. FMD outbreaks in Rio Grande Do 

Sul in 2000 and 2001 were linked to 

outbreaks in Uruguay and Argentina. 

Argentina borders Santa Catarina, Rio 

Grande Do Sul, and Parana ́. Numerous 

FMD outbreaks occurred throughout 

Argentina from July 2000 through 

December 2000 and March 2001 through 

January 2002. The most recent FMD 

outbreak in Argentina was reported in 

2006. Brazil appears to have 

successfully prevented the introduction 

of FMD from Argentina during some but 

not all outbreaks in that country. 

Santa Catarina is located within a 

CSF-free zone in southern Brazil, as are 

both States adjoining Santa Catarina. No 

cases of CSF have been detected in the 

CSF-free zone since it was created in 

2001. Although CSF has been detected 

in recent years in the CSF-infected zone 

in northern Brazil, movement controls 

in place between the CSF-infected and 

CSF-free zones have prevented 

introduction of the disease into the CSFfree area. The last reported case of CSF 

in Argentina occurred in 1999, and CSF 

does not appear to be circulating within 

Argentina at this time; therefore, it is 

not likely that transmission of disease 

would occur from this source. 

Brazil has had no outbreaks of ASF 

since 1981 and has been declared 

officially free of ASF since 1984. ASF 

has never been reported in Argentina. 

Therefore, it is highly unlikely that the 

virus exists in areas neighboring Santa 

Catarina or that these areas pose a risk 

for disease transmission. SVD has never 

been reported anywhere within Brazil or 

Argentina. 

Disease Control Programs 

Brazil’s animal health service has a 

surveillance system that covers the 

entire country and has activities 

designed to detect and prevent the 

introduction of FMD, CSF, ASF, and 

SVD and quickly eradicate them. APHIS 

considers that Santa Catarina has a 

control program and a national plan 

sufficient to respond quickly to any 

emergencies related to FMD, CSF, ASF, 

and SVD. All official service field staff, 

community participants, and private 

sector veterinarians are trained and 

required to look for signs of notifiable 

diseases, including FMD, CSF, ASF, and 

SVD. Santa Catarina maintains a 

surveillance program at the field level 

on farms, in slaughterhouses, and at 

animal gathering locations. Local 

veterinary unit personnel carry out 

special visits to certain herds that are 

classified as ‘‘risky’’ by the official 

service. Animals are individually 

inspected by personnel from the official 

service for signs of vesicular disease 

before slaughtering. Other body parts, 

including the tongue and feet, are 

examined during postmortem 

inspection. All animals coming into 

fairs, auctions, or exhibitions are 

clinically inspected by the official 

veterinarians. 

When a notifiable disease is 

suspected, Santa Catarina has a 

structured system of notification and 

official involvement to investigate. 

Suspected disease outbreaks must be 

immediately reported to the local unit 

or to an authority that would notify the 

local unit. The suspect premises is 

immediately quarantined, movement of 

animals is prohibited, and samples are 

collected and sent to a laboratory to 

confirm the diagnosis. All actions are 

carried out as if the herd is infected 

until proven otherwise. 

Vaccination Status of the Region 

Santa Catarina does not vaccinate for 

FMD, CSF, ASF, or SVD. In the absence 

of vaccination, it is likely that clinical 

signs resulting from an incursion of 

disease would be quickly identified. 

The Brazilian Ministry of Agriculture 

may approve emergency CSF or FMD 

vaccinations if necessary as part of 

outbreak control measures. 

Degree of Separation from Adjacent 

Regions 

A combination of geographical and 

administrative barriers has prevented 

the introduction of FMD, CSF, ASF, and 

SVD into Santa Catarina. The lack of 

disease history since 2006 for any of the 

diseases under evaluation in the areas 

adjacent to Santa Catarina further 

reduces the likelihood of their 

introduction. 

Geographic barriers limit introduction 

of diseases into Santa Catarina by 

impeding the natural and humanmediated movements of animals and 

animal products. Santa Catarina is 

bounded on the east by the Atlantic 

Ocean. The northern border of Santa 

Catarina, with Parana ́, is composed of 

rivers and the Serra do Mar mountain 

ridge. The southern border, with Rio 

Grande do Sul, is defined in large part 

by rivers. The western border, with the 

Province of Misiones, Argentina, is 

defined primarily by a river, the Rio 

Peperi-Guac ̧u ́. In Misiones, the border 

area is formed mainly by protected 

natural areas, including the Yaboti 

Biosphere Reserve. 

Administrative barriers provide most 

of the controls for movements of 

animals and their products into Santa 

Catarina. Importation of products is 

controlled through 67 fixed inspection 

posts, and movement controls are in 

place between Santa Catarina and other 

areas of Brazil to prevent the 

introduction of FMD and CSF. 

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19918 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Proposed Rules 

Movement controls are discussed in 

greater detail in the next section. 

Animal Movement Controls and 

Biosecurity 

Domestic movement controls within 

Brazil are stringent. The Brazilian 

Ministry of Agriculture requires that all 

cattle owners identify their animals 

with a unique brand. Sheep and swine 

are identified by a brand or notch in the 

ear. A system of permits is used by the 

official veterinary service to control 

animal movements. Movement 

restrictions are in place between Santa 

Catarina and other areas of Brazil 

affected with FMD or where FMD 

vaccination is practiced. All animals at 

risk for FMD must undergo clinical 

inspection and quarantine at both their 

points of origin and their destination. 

Movement restrictions are also in place 

between the CSF-free zone in southern 

Brazil, which encompasses Santa 

Catarina, and the CSF-infected zone in 

northern Brazil. 

Santa Catarina has adequate controls 

at ports of entry for legal importation of 

animals and animal products that could 

carry FMD, CSF, SVD, or ASF. All 

animals and products must enter and 

leave Santa Catarina via one of the 67 

fixed inspection stations. All imported 

animals must be accompanied by a 

zoosanitary certificate. Dairy and 

breeding animals require individual 

identification. Imported animals 

intended for slaughter must be 

transported in a sealed vehicle and must 

go to a federally inspected plant. If an 

animal arrives at the border with 

clinical signs of disease, it is sent back 

to the place of origin; however, animals 

that show signs of FMD are quarantined 

and tested. All animal products 

imported into Brazil must have an 

import permit, comply with all sanitary 

health requirements, and originate from 

an establishment approved to export to 

Brazil. All imported animal products are 

inspected and must receive 

authorization from the official 

veterinarian at the point of entry to be 

released into Santa Catarina. 

Santa Catarina restricts the 

importation of animals and products at 

risk of FMD from countries where FMD 

has occurred. Swine destined for import 

must originate from a country or region 

considered free from ASF, SVD, and 

CSF. Movement controls and 

biosecurity measures are in place for 

imports from higher risk areas for CSF. 

Brazilian law prohibits all transport of 

animal products from anywhere in the 

world without proper permits, and 

Santa Catarina has a legal framework 

and authority to deal with the entry of 

illegal animals or animal products into 

the State. Airline passengers and 

luggage are checked for animal and 

plant products. Shipments arriving by 

sea are also checked for animals and 

animal products, while ship passengers 

receive random checks for the presence 

of animals and animal products. All 

prohibited animals and animal products 

are confiscated and slaughtered or 

destroyed. 

Livestock Demographics and Marketing 

Practices 

Santa Catarina is primarily known for 

its swine production. The domestic 

livestock population within Santa 

Catarina consists of 5,250,000 domestic 

swine, 2,750,000 cattle, 196,000 sheep, 

37,000 goats, and 16,000 farmed wild 

boar. Most of Santa Catarina’s cattle are 

dairy cattle. 

The majority of Santa Catarina’s 

swine industry consists of a vertically 

integrated production system that 

covers all stages of production from 

breeding stock to processing. The 

production system is governed by 

contract requirements that include 

biosecurity standards, traceability 

requirements, required reporting of 

disease or production problems to the 

company veterinary representative, and 

periodic training in disease and 

production measures. Integrated swine 

farms receive frequent official 

veterinarian visits. APHIS finds that 

controls and biosecurity measures at 

commercial swine farms effectively 

mitigate introduction and spread of 

disease. 

During the 2008 site visit, APHIS 

visited several individual facilities 

operating within an integrated system, 

including dairy operations. All the 

farms visited followed required 

biosecurity measures, with certified 

breeding farms following more 

restrictive biosecurity measures. APHIS 

finds that Santa Catarina has adequate 

control of inspection activities within 

integrated production systems. 

Santa Catarina’s animal identification 

system was fully implemented at the 

end of 2008. The system is 

comprehensive and allows officials to 

trace, from birth to death, the movement 

of cattle and swine within the State. 

Santa Catarina has adequate controls 

and inspection measures at slaughter 

facilities and animal concentration 

points. There are 58 slaughterhouses for 

swine in Santa Catarina, including 18 

federally inspected slaughterhouses and 

40 State-inspected slaughterhouses. 

Santa Catarina contains 97 federally 

inspected and 60 State-inspected dairy 

facilities. CIDASC inspects fairs, 

exhibitions, and events where animals 

are gathered. 

Disease Surveillance Capability 

Brazil has a two-phase surveillance 

system that effectively uses active and 

passive surveillance. Phase I relies on 

active surveillance and focuses 

primarily on serological testing to 

document freedom from disease. Santa 

Catarina is currently in Phase II. Phase 

II, which consists of monitoring, begins 

once freedom from infection has been 

established. The main goals in this 

phase are to prevent the reintroduction 

of the disease, maintain good sanitary 

conditions, and provide technical 

grounds to demonstrate the continual 

absence of disease and viral activity in 

the zone. Passive surveillance is the 

primary type employed in Phase II, 

although active surveillance is also 

used. Passive surveillance activities 

include observations made during: (1) 

Animal movement control activities and 

trade of animal products, (2) farm 

inspections, (3) slaughterhouse 

inspections, and (4) inspections during 

livestock fairs. Passive surveillance 

takes advantage of the community 

structure in Brazil and relies heavily on 

the participation of the community. 

Serological testing complements passive 

surveillance in specific ‘‘high-risk’’ 

farms and is also conducted whenever 

there is a suspicion of disease. The 

surveillance and monitoring follow OIE 

guidelines, therefore, APHIS concluded 

that the serologic sampling is valid and 

the sampling coverage is adequate. 

Diagnostic Laboratory Capability 

Brazil has three laboratories, 

supervised by the Brazilian Ministry of 

Agriculture, for diagnosing FMD. These 

are located in Recife (Pernambuco 

State), Para (Belen State), and Pedro 

Leopoldo (Minas Gerais State). The PanAmerican Foot-and-Mouth Disease 

Center laboratory in Rio de Janeiro is the 

reference laboratory. The Recife 

laboratory also performs routine 

serology for CSF, and for SVD and ASF 

if necessary. 

Based on our site visits, we concluded 

that Brazil has the diagnostic capability 

to adequately test samples for the 

presence of the FMD, CSF, SVD, and 

ASF viruses. The laboratories in Recife, 

Para, and Pedro Leopoldo have adequate 

quality control activities; adequate 

laboratory equipment, which is 

routinely monitored and calibrated; 

sufficient staff; and an effective and 

efficient recordkeeping system for 

storage and retrieval of data. The tests 

used to investigate evidence of viral 

activity are consistent with OIE 

guidelines. The staff members at the 

facilities visited in 2002 and 2008 were 

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well-trained and motivated. Samples are 

turned around quickly. 

Emergency Response Capability 

Brazil has effective disease control 

and response programs for FMD and 

other notifiable swine and ruminant 

diseases. FMD, SVD, CSF, and ASF are 

notifiable diseases. The Brazilian State 

of Santa Catarina has a specific 

contingency plan for immediate, 

effective action in an animal emergency, 

and each municipality has a local 

emergency operational plan. Local 

emergency plans are detailed, and 

emergency response kits are extremely 

well-stocked. If a sanitary emergency or 

documented disease event occurs, the 

Brazilian State of Santa Catarina has a 

legal framework to authorize needed 

actions and handle animal health 

emergencies. A notification system 

ensures a timely emergency response. 

Once notification of an emergency 

occurs, the State establishes 

coordinating committees and emergency 

animal health technical groups, defines 

strategies and plans of action, and, 

when necessary, carries out the 

appropriate control measures within a 

timeframe compatible with a state of 

emergency. Quarantine and movement 

restriction decisions are made by State 

officials with input from Federal 

authorities. Based on observations made 

during the 2008 site visit, APHIS 

concludes the Brazilian State of Santa 

Catarina has the capabilities to respond 

rapidly and effectively to an animal 

disease outbreak and limit the spread of 

the disease should an outbreak occur. 

Therefore, we are proposing to amend 

§§ 94.1, 94.8, 94.9, 94.10, and 94.12 to 

declare the Brazilian State of Santa 

Catarina to be free of FMD, rinderpest, 

SVD, CSF, and ASF. This action would 

relieve restrictions on the importation of 

live swine, live ruminants, and products 

from these species under certain 

conditions from Santa Catarina. 

However, because the Brazilian State 

of Santa Catarina has a common land 

border with Argentina, a region where 

FMD exists, the importation of meat and 

other products from ruminants or swine 

into the United States from Santa 

Catarina would continue to be subject to 

certain restrictions. For this reason, we 

are proposing to add Santa Catarina to 

the list in § 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 § 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 § 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. 

Under § 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 § 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 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

We have prepared an economic 

analysis for this proposed rule. The 

economic analysis examines the 

potential economic effects of this action 

on small entities, as required by the 

Regulatory Flexibility Act. The 

proposed action is not expected to result 

in beef or other ruminant meat exports 

to the United States of any appreciable 

quantity and trade effects for pork 

products are likely to be insignificant. 

The analysis, however, identifies swine 

producers and slaughter facilities as the 

small entities most likely to be affected 

by this action and considers the effects 

of increased imports of pork. Based on 

the information presented in the 

analysis, we expect that swine 

producers and slaughter facilities would 

experience minimal economic effects 

from the small increase of pork imports 

(a net increase of less than 3 percent) as 

a result of this action. Based on the 

information presented in the analysis, 

APHIS certifies that the proposed rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. We 

invite comment on our economic 

analysis, which is posted with this 

proposed rule on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov) and may be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT. 

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. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the proposed 

rule for updating the disease status of 

Santa Catarina, we have prepared an 

environmental assessment. The 

environmental assessment was prepared 

in accordance with: (1) The National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500-1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

The environmental assessment may 

be viewed on the Regulations.gov Web 

site or in our reading room. (A link to 

Regulations.gov and information on the 

location and hours of the reading room 

are provided under the heading 

ADDRESSES at the beginning of this 

proposed rule.) In addition, copies may 

be obtained by calling or writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

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 diseases, Imports, Livestock, 

Meat and meat products, Milk, Poultry 

and poultry products, Reporting and 

recordkeeping requirements. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

19920 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Proposed Rules 

Accordingly, we propose to amend 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. In § 94.1, paragraph (a)(2) is 

amended by adding the words ‘‘the 

Brazilian State of Santa Catarina,’’ after 

the word ‘‘Bermuda,’’. 

§ 94.8 [Amended] 

3. In § 94.8, the introductory text is 

amended by adding the words ‘‘(except 

the State of Santa Catarina)’’ after the 

word ‘‘Brazil’’. 

§ 94.9 [Amended] 

4. In § 94.9, paragraph (a) is amended 

by adding the words ‘‘the Brazilian State 

of Santa Catarina;’’ after the word 

‘‘Australia;’’. 

§ 94.10 [Amended] 

5. In § 94.10, paragraph (a) is 

amended by adding the words ‘‘the 

Brazilian State of Santa Catarina;’’ after 

the word ‘‘Australia;’’. 

§ 94.11 [Amended] 

6. In § 94.11, paragraph (a) is 

amended by adding the words ‘‘the 

Brazilian State of Santa Catarina,’’ after 

the word ‘‘Belgium,’’. 

§ 94.12 [Amended] 

7. In § 94.12, paragraph (a) is 

amended by adding the words ‘‘the 

Brazilian State of Santa Catarina;’’ after 

the word ‘‘Belgium,’’. 

Done in Washington, DC, this 12th day 

of April 2010. 

Cindy Smith 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2010–8765 Filed 4–15–10: 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 1000 

[Docket No. FR–5275–N–08] 

Native American Housing Assistance 

and Self-Determination 

Reauthorization Act of 2008: 

Negotiated Rulemaking Committee 

Meeting 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice of negotiated rulemaking 

committee meeting. 

SUMMARY: This document announces a 

meeting of the negotiated rulemaking 

committee that was established 

pursuant to the Native American 

Housing Assistance and SelfDetermination Reauthorization Act of 

2008. The primary purpose of the 

committee is to discuss and negotiate a 

proposed rule that would change the 

regulations for the Indian Housing Block 

Grant (IHBG) program and the Title VI 

Loan Guarantee program. 

DATES: The committee meeting will be 

held on Tuesday, May 11, 2010, 

Wednesday, May 12, and Thursday, 

May 13, 2010. On all three days the 

meeting will begin at 8 a.m. and is 

scheduled to end at 5 p.m. 

ADDRESSES: The meeting will take place 

at the Westin Westminster Hotel, 10600 

Westminster Boulevard, Westminster, 

Colorado 80020; telephone number 

(303) 410–5000 (this is not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: 

Rodger J. Boyd, Deputy Assistant 

Secretary for Native American 

Programs, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Room 4126, Washington, DC 

20410; telephone number 202–401–7914 

(this is not a toll-free number). Hearing 

or speech-impaired individuals may 

access this number via TTY by calling 

the toll-free Federal Information Relay 

Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Native American Housing 

Assistance and Self-Determination 

Reauthorization Act of 2008 (Pub. L. 

110–411, approved October 14, 2008) 

(NAHASDA Reauthorization) 

reauthorizes The Native American 

Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 

4101 et seq.) (NAHASDA) through 

September 30, 2013, and makes a 

number of amendments to the statutory 

requirements governing the Indian 

Housing Block Grant Program (IHBG) 

and Title VI Loan Guarantee programs. 

For more information on the IHBG and 

Title VI of NAHASDA, please see the 

background section of the Notice of 

Negotiated Rulemaking Committee 

Meeting published on February 22, 2010 

at (75 FR 7579). The NAHASDA 

Reauthorization amends section 106 of 

NAHASDA to provide that HUD shall 

initiate a negotiated rulemaking in order 

to implement aspects of the 2008 

Reauthorization Act that require 

rulemaking. On January 5, 2010 (75 FR 

423), HUD published a Federal Register 

notice announcing the final list of 

members of the negotiated rulemaking 

committee (the Native American 

Housing Assistance & SelfDetermination Negotiated Rulemaking 

Committee). 

II. Negotiated Rulemaking Committee 

Meeting 

This document announces the third 

meeting of the Native American 

Housing Assistance & SelfDetermination Negotiated Rulemaking 

Committee. The committee meeting will 

take place as described in the DATES and 

ADDRESSES sections of this document. 

The meeting will be open to the public 

without advance registration. Public 

attendance may be limited to the space 

available. Members of the public may be 

allowed to make statements during the 

meeting, to the extent time permits, and 

to file written statements with the 

committee for its consideration. Written 

statements should be submitted to the 

address listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

Dated: April 9, 2010. 

Deborah Hernandez, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. 2010–8665 Filed 4–15–10; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0052; FRL–9136–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Revisions to the Wyoming 

Air Quality Standards and Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS