65728 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations

repayment or the date interest increases

as determined in accordance with

applicable regulations. FSA may waive

the accrual of interest if FSA determines

that the cause of the erroneous

determination was not due to any action

of the producer.

(d) Interest determined in accordance

with paragraph (c) of this section may

not be waived on refunds required of

the producer when there was no

intentional misaction on the part of the

producer, as determined by FSA.

(e) Late payment interest shall be

assessed on all refunds in accordance

with the provisions of, and subject to

the rates prescribed in, 7 CFR part 792.

(f) Producers must refund to FSA any

excess payments made by FSA with

respect to such application.

(g) In the event that a benefit under

this subpart was provided as the result

of erroneous information provided by

any producer, the benefit must be repaid

with any applicable interest.

Signed in Washington, D.C., on October 25,

2000.

Keith Kelly,

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 00–27794 Filed 10–27–00; 10:26

am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 00–104–1]

Change in Disease Status of KwaZuluNatal 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.

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 footand-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 FMDaffected 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 §§ 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 § 94.1 by

removing the province of KwaZuluNatal 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 § 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 FMDaffected 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 KwaZuluNatal 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

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 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-ANDMOUTH 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.

§ 94.1 [Amended]

2. In § 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’’.

§ 94.11 [Amended]

3. In § 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]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 97

[Docket No. 00–049–1]

Commuted Traveltime Periods:

Overtime Services Relating to Imports

and Exports

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations concerning overtime

services provided by employees of

Veterinary Services by adding a

commuted traveltime allowance for

travel between Dallas-Fort Worth

International Airport and the

metropolitan area. Commuted traveltime

allowances are the periods of time

required for Veterinary Services

employees to travel from their dispatch

points and return there from the places

where they perform Sunday, holiday, or

other overtime duty. The Government

charges a fee for certain overtime

services provided by Veterinary

Services employees and, under certain

circumstances, the fee may include the

cost of commuted traveltime. This

action is necessary to inform the public

of the commuted traveltime for this

location.

EFFECTIVE DATE: November 2, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Louise Rakestraw Lothery, Director,

Management Support Staff, VS, APHIS,

4700 River Road Unit 44, Riverdale, MD

20737–1231; (301) 734–7517.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR, chapter I,

subchapter D, and 7 CFR, chapter III,

require inspection, laboratory testing,

certification, or quarantine of certain

animals, animal products, plants, plant

products, or other commodities

intended for importation into, or

exportation from, the United States.

When these services must be provided

by an employee of Veterinary Services

(VS) on a Sunday or holiday, or at any

other time outside the VS employee’s

regular duty hours, the Government

charges a fee for the services in

accordance with 9 CFR part 97. Under

circumstances described in § 97.1(a),

this fee may include the cost of

commuted traveltime. Section 97.2

contains administrative instructions

prescribing commuted traveltime

allowances, which reflect, as nearly as