[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Rules and Regulations]
[Pages 65728-65729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28084]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-104-1]


Change in Disease Status of KwaZulu-Natal Province in the 
Republic of South Africa Because of Rinderpest and Foot-and-Mouth 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations governing the importation of 
certain animals, meat, and other animal products by removing KwaZulu-
Natal, a province in the Republic of South Africa, from the list of 
regions considered to be free of rinderpest and foot-and-mouth disease. 
We are taking this action because the existence of foot-and-mouth 
disease has been confirmed there. The effect of this action is to 
prohibit or restrict the importation of any ruminant or swine and any 
fresh (chilled or frozen) meat and other products of ruminants or swine 
into the United States from KwaZulu-Natal.

DATES: This interim rule was effective September 12, 2000. We invite 
you to comment on this docket. We will consider all comments that we 
receive by January 2, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-104-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 00-104-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Glen Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services Staff, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of specified animals and animal 
products into the United States in order to prevent the introduction of 
various animal diseases including rinderpest, foot-and-mouth disease 
(FMD), African swine fever, hog cholera, and swine vesicular disease. 
These are dangerous and destructive communicable diseases of ruminants 
and swine. Section 94.1 of the regulations lists regions of the world 
that are declared free of rinderpest or free of both rinderpest and 
FMD. Rinderpest or FMD exists in all other regions of the world not 
listed. Section 94.11 of the regulations lists regions of the world 
that have been declared to be free of rinderpest and FMD, but are 
subject to certain restrictions because of their proximity to or 
trading relationships with rinderpest-or FMD-affected regions.
    Prior to the effective date of this interim rule, the Republic of 
South Africa, except the FMD-controlled area that includes Kruger 
National Park, was among the listed regions in Secs. 94.1 and 94.11 
considered to be free of rinderpest and FMD. However, on September 12, 
2000, a suspected outbreak of FMD was detected in the South African 
province of KwaZulu-Natal; on September 17, 2000, the Republic of South 
Africa's National Department of Agriculture (National Department of 
Agriculture) notified the Office International des Epizooties (OIE) 
with clinical confirmation of the FMD diagnosis.
    Therefore, to protect the livestock of the United States from FMD, 
we are amending the regulations in Sec. 94.1 by removing the province 
of KwaZulu-Natal from the list of regions considered to be free of 
rinderpest and FMD. We are also removing KwaZulu-Natal from the list of 
regions in Sec. 94.11 that are considered to be free of these diseases, 
but are subject to certain restrictions because of their proximity to 
or trading relationships with rinderpest-or FMD-affected regions. Other 
regions of the Republic of South Africa, with the exception of the FMD-
controlled area that includes Kruger National Park, will remain on the 
list of regions considered to be free of rinderpest and FMD. As a 
result of this action, the importation into the United States of any 
ruminant or swine and any fresh (chilled or frozen) meat and other 
products of ruminants or swine that left KwaZulu-Natal on or after 
September 12, 2000, is prohibited or restricted. We are making these 
amendments effective on September 12, 2000, because that is the day 
that FMD was initially detected in KwaZulu-Natal.
    Although we are removing the province of KwaZulu-Natal from the 
list of regions considered to be free of rinderpest and FMD, we 
recognize that the National Department of Agriculture responded 
immediately to the detection of the disease by imposing restrictions on 
the movement of ruminants, swine, and ruminant and swine products from 
the affected area and initiating measures to eradicate the disease. At 
the time of publication of this interim rule, it appears that the 
outbreak is well controlled. Because of the National Department of 
Agriculture's efforts to ensure that FMD does not spread beyond the 
province of KwaZulu-Natal, we intend to reassess the situation in 
accordance with the standards of the OIE. As part of that reassessment 
process, we will consider all comments received on this interim rule. 
This future reassessment will determine whether it is necessary to 
continue to prohibit or restrict the importation of ruminants or swine 
and any fresh

[[Page 65729]]

(chilled or frozen) meat and other products of ruminants or swine from 
KwaZulu-Natal, or whether we can restore the province of KwaZulu-Natal 
to the list of regions considered free of rinderpest and FMD.

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 that are received within 60 days of 
publication of this rule in the Federal Register. 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 as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This interim rule amends the regulations by removing the Republic 
of South Africa province of KwaZulu-Natal from the list of regions 
considered free of rinderpest and FMD. We are taking this action 
because the Republic of South Africa's National Department of 
Agriculture has reported cases of FMD in that region. This action 
prohibits or restricts the importation into the United States of any 
ruminant or swine, and any fresh (chilled or frozen) meat and other 
products of ruminants or swine, that left the province of KwaZulu-Natal 
on or after September 12, 2000. This action is necessary to protect the 
livestock of the United States from FMD.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

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 September 12, 2000; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This rule contains no new 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-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 continues to read as follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 
134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 
4332; 7 CFR 2.22, 2.80, and 371.4.


Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) is amended by adding the words 
``the province of KwaZulu-Natal and'' immediately after the words 
``Republic of South Africa except''.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a) is amended by adding the words 
``the province of KwaZulu-Natal and'' immediately after the words 
``Republic of South Africa except''.

    Done in Washington, DC, this 27th day of October 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-28084 Filed 10-30-00; 1:56 pm]
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