This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

14093 

Vol. 74, No. 59 

Monday, March 30, 2009 

1APHIS Evaluation of the Status of the Republic 

of Korea Regarding Foot-and-Mouth Disease and 

Rinderpest. Riverdale, MD: USDA, APHIS, 

Veterinary Services, October 2008. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2008–0147] 

Change in Disease Status of the 

Republic of Korea With Regard to 

Foot-and-Mouth Disease and 

Rinderpest 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations to add the Republic of 

Korea to the list of regions that are 

considered free of rinderpest and footand-mouth disease (FMD). We are 

taking this action because we have 

conducted an evaluation and 

determined that the Republic of Korea is 

free of rinderpest and FMD. We are also 

proposing to add the Republic of Korea 

to the list of regions that are subject to 

certain import restrictions on meat and 

meat products because of their 

proximity to or trading relationships 

with rinderpest- or FMD-affected 

countries. These actions would update 

the disease status of the Republic of 

Korea with regard to rinderpest and 

FMD while continuing to protect the 

United States from an introduction of 

those diseases by providing additional 

requirements for meat and other animal 

products imported into the United 

States from the Republic of Korea. 

DATES: We will consider all comments 

that we receive on or before May 29, 

2009. 

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=APHIS2008-0147 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–2008–0147, 

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– 

2008–0147. 

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. 

Julia Punderson, Senior Staff 

Veterinarian, Regionalization Evaluation 

Services, 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 certain 

animals and animal products into the 

United States in order to prevent the 

introduction of various communicable 

diseases, including rinderpest, foot-andmouth disease (FMD), African swine 

fever, classical swine fever, 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 is considered to 

exist in all other parts of the world not 

listed. Section 94.11 of the regulations 

lists regions of the world that have been 

determined 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. 

On April 18, 2000, we published in 

the Federal Register an interim rule (65 

FR 20713–20714, Docket No. 00–033–1) 

amending the regulations to remove the 

Republic of Korea (South Korea) from 

the list in § 94.1 of regions declared free 

of FMD and rinderpest because of a 

confirmed FMD diagnosis. That rule 

was effective retroactively to March 20, 

2000, which was the date when FMD 

was initially detected. The rule also 

removed the Republic of Korea from the 

list of countries listed in § 94.11 that are 

declared to be free of these diseases, but 

that are subject to certain restrictions 

because of their proximity to or trading 

relationships with rinderpest or FMDaffected regions. As a result of the 

interim rule, the importation into the 

United States of any ruminant, or any 

fresh (chilled or frozen) meat of any 

ruminant that left the Republic of Korea 

on or after March 20, 2000, was 

prohibited or restricted. 

The last FMD outbreaks in the 

Republic of Korea in 2000 and 2002 

were limited in scope and rapidly 

controlled; no subsequent outbreaks 

have occurred since 2002. As for 

rinderpest, the Republic of Korea has 

not had an outbreak of the disease since 

1931. In 2007, the Government of the 

Republic of Korea submitted 

information to APHIS to support an 

official request for recognition of its 

FMD-free status. In response, APHIS 

conducted a site visit to the Republic of 

Korea in March 2008 to substantiate 

information provided with the request 

and obtain evidence firsthand. We 

conducted a disease risk evaluation 1

and concluded the Republic of Korea is 

free of FMD. We also concluded that the 

surveillance, prevention, and control 

measures implemented by the Republic 

of Korea are sufficient to minimize the 

likelihood of introducing FMD or 

rinderpest into the United States via 

imports of susceptible species or 

products from such species. 

In light of our conclusions, we 

propose to add the Republic of Korea to 

the list in § 94.1 of regions that have 

been declared free of FMD and 

rinderpest. We also propose to add the 

Republic of Korea to the list in § 94.11 

of regions that are declared to be free of 

these diseases, but that are subject to 

certain restrictions because of their 

proximity to or trading relationships 


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with rinderpest or FMD-affected 

regions. 

Risk Evaluation 

Drawing on data submitted by the 

Government of the Republic of Korea 

and on observations from our site visit 

to the country, we have evaluated the 

animal health status of the Republic of 

Korea relative to FMD and rinderpest. 

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 

All regulations related to the control 

of FMD in the Republic of Korea are 

based on that country’s Act on the 

Prevention of Contagious Animal 

Diseases. These regulations address 

disease control and preventive 

measures, including notification of 

suspicious cases, stamping-out, 

movement controls, disinfection, 

vaccination, surveillance, importation 

quarantine, disposal, and compensation. 

Governmental veterinary services 

responsible for implementing these 

measures consist of the Animal Health 

Division of the Republic of Korea 

Ministry for Food, Agriculture, Forestry 

and Fisheries (MiFAFF), National 

Veterinary Research and Quarantine 

Service (NVRQS), and Provincial 

Veterinary Services. NVRQS is an 

executive agency within MiFAFF tasked 

with the prevention and control of 

major animal diseases. NVRQS 

responsibilities include quarantine 

inspection of animals and animal 

products, livestock product safety, 

veterinary research, and 

epidemiological surveillance. 

Each of the Republic of Korea’s nine 

provinces and seven metropolitan cities 

has its own animal health laboratory 

and veterinary service responsible for 

the prevention and control of major 

animal diseases within their region. 

They are also the primary diagnostic 

laboratories for animal diseases. 

Animal health officials in the 

Republic of Korea have the legal 

authority to enforce all pertinent 

regulations pertaining to FMD and 

maintain the necessary veterinary 

infrastructure to carry out effective FMD 

surveillance and control activities. 

Governmental veterinary authorities, 

industry and trade organizations, and 

non-profit groups work together closely 

and effectively to monitor livestock 

health. These efforts minimize the risk 

of FMD and rinderpest to livestock in 

the United States via importation of 

ruminants and ruminant products from 

the Republic of Korea. 

Disease Status in the Region 

The Republic of Korea was free of 

FMD from 1934 until March 2000, when 

the disease was detected on a small 

dairy farm in Kyonggi Province. Control 

measures on the affected farm began 

immediately. Extensive disease 

surveillance was undertaken and by 

mid-April the full extent of the outbreak 

was confirmed on 11 additional farms. 

Two of these farms were also in Kyonggi 

Province, eight were in Chungnam 

Province, and one was in Chungbuk 

Province, 140 km southwest of the first 

infected farm. 

Protection zones with a radius of 10 

km were set up around each infected 

farm. Within these zones, animal 

movements were restricted and 

livestock markets and artificial 

insemination were suspended. In 

addition, a 20-km surveillance zone was 

set up around the infected farms. In 

both protection and surveillance zones, 

veterinary authorities immediately 

implemented testing, vaccination, and 

surveillance. Epidemiologically linked 

farms outside the zones were also 

investigated and tested. All animals 

found to be infected were cattle, with no 

evidence of infection in pigs. Although 

the last infected herd was identified in 

April 2000, testing for FMD continued 

through July. In all, a total of 17,831 

animals on 4,782 farms were tested 

during the outbreak. Both cattle and 

swine were vaccinated and all 

vaccinated animals were permanently 

marked and subject to additional testing 

and clinical examination. 

In May 2002, Korean veterinary 

authorities again confirmed the 

presence of FMD, this time on pig farms 

in Kyonggi and Chungbuk Provinces. 

Governmental veterinary authorities 

immediately implemented emergency 

animal disease control and eradication 

measures. FMD was found on 16 farms 

in May and June 2002. Two of these 

farms had mixed populations of 

animals, but infection could only be 

demonstrated in the swine. Control 

zones were immediately established 

around the infected farms, and an 

immediate stamping-out policy was 

implemented with movement controls, 

quarantine, and culling of affected 

animals. The last control zone was lifted 

in August 2002. 

In June 2002, the Republic of Korea 

invited an International Epidemiology 

Assessment Team consisting of 

members from Australia, New Zealand, 

and the United States to assess its FMD 

control measures. The team determined 

that stamping-out and movement 

restrictions were effective in containing 

the spread of disease, as was the use of 

pen-side diagnostic tests for rapid 

detection of infected animals. They 

concluded that the capability for early 

diagnosis together with prompt 

stamping-out of infected farms 

significantly limited the number of FMD 

cases. No evidence exists of any species 

infected with FMD in the Republic of 

Korea. 

Disease Status of Adjacent Regions and 

Separation Measures 

The Republic of Korea shares its 

northern border with the Democratic 

People’s Republic of Korea (North 

Korea). The two countries are separated 

by the 2.5 mile wide fenced and 

patrolled demilitarized zone (DMZ) that 

runs the full length of the border, 

making intentional or inadvertent entry 

of animals from North Korea unlikely. 

FMD must be considered to be endemic 

in North Korea, which has sporadically 

reported outbreaks to the World 

Organization for Animal Health (OIE) as 

recently as 2007. No commerce in 

livestock takes place by land between 

the Republic of Korea and North Korea. 

Other close neighbors of the Republic 

of Korea are China and Japan. The 

Republic of Korea is separated from 

these countries by the Yellow Sea and 

the Sea of Japan. The last reported 

outbreak of FMD in Japan occurred in 

March and April 2000. China has 

reported FMD outbreaks to OIE on a 

nearly annual basis, but no evidence 

exists that FMD has been transported 

into the Republic of Korea from China 

or other surrounding regions since 

increased biosecurity and other disease 

control measures were instituted after 

the 2000 and 2002 outbreaks. 

Disease Control Programs 

The Republic of Korea does not 

currently maintain an active disease 

control program as there is no evidence 

of FMD in the country and no outbreaks 

have occurred since 2002. However, the 

Republic of Korea has in place a 

comprehensive surveillance system 

with both active (seroepidemiologic) 

and passive (clinical) components. In 

addition to surveillance, the Korean 

Government has instituted animal 

movement controls, border inspection, 

disinfection, and emergency plans to 

prevent the incursion of FMD into the 

country. 

To promote reporting of possible 

disease outbreaks, the Republic of Korea 

has developed an indemnification 


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program encouraging farmers to report 

suspect cases and to deter movement of 

sick animals to slaughter or auction. The 

Republic of Korea also provides 

temporary subsistence funding as 

needed, and livestock cooperatives 

provide low interest loans and 

assistance with feed and management. 

An emergency hotline is available to 

encourage reporting of suspicious cases, 

as is a quarantine hotline to receive 

emergency reports from ports of entry. 

The Republic of Korea imposes 

sanctions to discourage delays in 

reporting suspect cases and provides 

rewards for third-person reporting of 

suspect cases as an incentive for early 

disease identification. 

The Republic of Korea also levies 

penalties for cases of negligence related 

to disease reporting. Penalties include 

imprisonment for veterinarians or 

farmers failing to report sick or dead 

animals, importation of prohibited 

items, or failure to submit goods to 

quarantine inspection. Livestock owners 

or transporters who violate rules related 

to disease reporting and prevention face 

imprisonment or fines. Fines can also be 

levied on any person who refuses, 

obstructs, or evades an epidemiological 

investigation, violates animal import 

requirements, or evades quarantine 

inspections of mailed goods. 

As part of its FMD disease prevention 

efforts, the Republic of Korea has also 

incorporated provisions governing 

garbage control and swill feeding. By 

law, swill or garbage is prohibited for 

use in animal feed. Because of the 

predominance of small farms, the 

Republic of Korea’s training, education, 

and outreach efforts to increase 

awareness have targeted small-scale 

farmers. Disease education programs are 

organized through various agricultural 

cooperatives that provide contact and 

information for all farmers. 

The Republic of Korea has an effective 

system for detecting and investigating 

suspect FMD cases. Frequent 

monitoring of animal premises and 

movements permits effective 

surveillance and virus detection in 

various FMD-susceptible species, and 

incentive programs encourage reporting 

of suspected cases. These efforts 

effectively minimize the risk of 

exposing livestock in the United States 

to FMD through importation of Korean 

cattle, beef, and related products. 

Vaccination Status of the Region 

Vaccination for FMD has not been 

practiced in the Republic of Korea since 

August 2000. During the 2002 FMD 

outbreak, which affected primarily 

swine, NVRQS decided not to vaccinate. 

The International Epidemiology 

Assessment Team reviewed this 

decision and concluded that, under the 

circumstances of the outbreak, 

vaccination would not have been 

advantageous. The time required to 

achieve immunity with vaccination in 

pigs takes several weeks and it was 

considered that many farms would 

already have been infected when the 

disease was first recognized; a program 

of emergency vaccination would have 

masked the presence of the virus and 

delayed eradication efforts. 

The Republic of Korea’s current 

policy of not vaccinating for FMD is 

scientifically sound and can help speed 

the identification of clinical signs if an 

FMD outbreak occurs again. The 

Republic of Korea has strong 

disincentives for non-reporting of 

suspected cases, maintains a generous 

indemnity program, and enforces 

supporting animal health regulations, 

making it likely that clinical signs of 

FMD would be reported promptly. 

The Republic of Korea does not 

produce FMD vaccines but actively 

maintains a vaccine reserve, with plans 

for implementing emergency 

vaccinations if needed. 

Animal Movement Controls and 

Biosecurity 

Border controls are administered by 

the NVRQS and Customs, Immigration 

and Quarantine. Livestock and livestock 

products may enter the country legally 

at officially designated airports and 

maritime ports where they are inspected 

by animal quarantine officers. 

Importation of cloven-hoofed live 

animals, their meat, meat products, or 

milk from countries or via areas affected 

with FMD is prohibited. Importation of 

live cloven-hoofed animals from FMDfree countries requires prior notification 

and submission of a health certificate, 

and all are inspected and quarantined 

for a minimum of 15 days in the 

quarantine facilities of the NVRQS. 

Importation of genetic material requires 

certification from the exporting country 

that the material originated from 

countries without FMD or rinderpest 

and that these diseases have not been 

reported in the exporting country. Other 

movement requirements include the 

treatment of international garbage prior 

to incineration by a licensed company 

and the treatment of imported hay for 

feed or bedding. 

Inspection of non-commercial items is 

focused on passengers, cargo, and mail 

arriving from regions or countries 

considered to be high-risk. Detector 

dogs are used to inspect cargo and mail 

at major international ports; confiscated 

items are bagged, disinfected, and 

incinerated. At ports of entry, 

disinfecting foot mats are placed at 

passenger disembarkation gates, and 

electronic message boards and posters 

with information on FMD in several 

languages are set up at passenger gates 

and at customs. 

Movement of animals within the 

Republic of Korea primarily takes place 

through local livestock cooperatives. 

The Agricultural Cooperatives Act calls 

for these cooperatives to work closely 

with local veterinary authorities to 

monitor movements of animals and 

products. A national animal 

identification database, piloted by the 

national veterinary authorities, focuses 

on improved recordkeeping for small 

farms and will address movement 

control of animals from these farms. 

Farmers are required to keep track of all 

transactions of livestock sales and 

purchases, certificates of testing, and 

vaccination history for program diseases 

prior to movement. Movement 

certificates are required for all trade and 

are issued by the provincial veterinary 

services. 

Livestock Demographics and Marketing 

Practices 

The Republic of Korea produces less 

than 50 percent of the beef it consumes; 

in 2006, total beef consumption was 

331,000 tons, of which 179,000 tons 

were imported. The country’s cattle 

population is approximately 2.6 million. 

Low-density cattle production is 

predominant in the Republic of Korea, 

with more than 80 percent of farmers 

owning fewer than 10 animals. Other 

farmed FMD-susceptible species are 

found in very small numbers. 

Beef cattle raised in the Republic of 

Korea consist primarily of traditional 

Korean native cattle, or Hanwoo, with a 

current national herd of around 2 

million head. The most likely product to 

be exported to the United States would 

be specialized product, specifically the 

Hanwoo beef produced from Korean 

native cattle. Biosecurity measures and 

controls at Korean beef production 

facilities are effective in preventing 

FMD outbreaks, and commercial cattle 

operations do not constitute a 

significant risk for introducing FMD 

into the United States. 

Disease Surveillance Capability 

The Republic of Korea conducts 

extensive active and passive disease 

surveillance of livestock. Active 

surveillance incorporates statistical and 

purposive (targeted) sampling; passive 

surveillance includes reporting and 

followup of suspect cases. Intensive 

followup of suspicious samples is 

conducted in conjunction with 


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2APHIS’ risk evaluation states that the animal 

health status of swine for diseases other than FMD 

has not been evaluated. In the absence of a 

favorable evaluation, live swine and swine-derived 

products will not be eligible to be imported from 

the Republic of Korea, even with the proposed 

changes in effect. 

confirmatory testing, quarantine, and 

other necessary controls. 

Following the 2000 FMD outbreak, 

the Republic of Korea expanded its 

active surveillance program. As part of 

this effort, clinical surveillance teams 

were organized to make periodic farm 

visits and examine all livestock on the 

premises. The Republic of Korea also 

conducts serological surveillance, 

which includes collecting statistically 

selected samples as well as samples 

from targeted populations. The active 

surveillance system also involves 

slaughterhouse and breeding farm 

surveillance and the use of a pen-side 

test for rapid detection of FMD-infected 

animals during an outbreak. Passive 

surveillance is done for all clinical 

suspects reported by farmers, 

veterinarians, or other animal health 

officials. All reports are investigated by 

the provincial veterinary services, and 

samples are collected for any suspicious 

cases. 

Diagnostic Laboratory Capability 

The Republic of Korea maintains a 

central national laboratory and 

laboratories in each province as part of 

the National FMD surveillance program. 

The Republic of Korea has the 

diagnostic capabilities to adequately test 

samples for the presence of the FMD 

virus with adequate quality control 

activities, laboratory equipment, and 

sufficient staffing. 

Emergency Response Capability 

The Republic of Korea has emergency 

response plans in place for controlling 

FMD should an outbreak of the disease 

occur. FMD emergency control 

guidelines describe standard operating 

procedures to be used during an FMD 

emergency. Contingency exercises are 

held annually to evaluate staff 

performance and update procedures as 

needed. In the event of an FMD 

outbreak, several governmental agencies 

are tasked with implementing a 

coordinated emergency response that 

includes epidemiological investigations, 

vaccine distribution, disinfection, 

movement restrictions, stamping-out 

operations, and public awareness and 

guidance. 

The above findings are detailed in the 

evaluation document that 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). It 

explains the factors that have led us to 

conclude that the Republic of Korea is 

free of rinderpest and FMD. It also 

establishes that the Republic of Korea 

has adequate veterinary infrastructures 

in place to prevent, control, and manage 

FMD and rinderpest outbreaks. 

Therefore, we are proposing to 

recognize the Republic of Korea as free 

of rinderpest and FMD and add the 

country to the list in § 94.1(a)(2) of 

regions that are considered free of 

rinderpest and FMD. 

This proposed action would also 

relieve certain restrictions due to FMD 

and rinderpest on the importation into 

the United States of certain live animals 

and animal products from the Republic 

of Korea. However, because the 

Republic of Korea imports meat from 

regions that APHIS does not consider to 

be FMD free and from regions where 

FMD status has not been reviewed, the 

importation of meat and other products 

from ruminants into the United States 

from the Republic of Korea would 

continue to be subject to certain 

restrictions. For this reason, we are 

proposing to add the Republic of Korea 

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 reviewed 

under Executive Order 12866. For this 

action, the Office of Management and 

Budget has waived its review under 

Executive Order 12866. 

When an agency issues a rulemaking 

proposal, the Regulatory Flexibility Act 

(RFA) requires the agency to prepare 

and make available for public comment 

an initial regulatory flexibility analysis 

that will describe the impact of the 

proposed rule on small entities. In lieu 

of preparing a regulatory flexibility 

analysis, section 605 of the RFA allows 

an agency to certify that the proposed 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities. The following 

is a factual basis for certification of this 

rule. 

The proposed rule would amend the 

regulations to add the Republic of Korea 

to the list of regions considered to be 

free of rinderpest and FMD. The 

proposed action, which was requested 

by the Republic of Korea, follows a risk 

assessment conducted by APHIS 

concluding that the Republic of Korea is 

free of both diseases and has the 

veterinary infrastructure in place to 

detect and effectively eradicate the 

diseases if necessary. The effect of the 

rule would be to remove certain 

rinderpest and FMD-related 

prohibitions and restrictions on the 

importation into the United States of 

ruminants, or fresh (chilled or frozen) 

meat or other products of ruminants, 

from the Republic of Korea. APHIS 

imposes such restrictions because an 

FMD or rinderpest outbreak in the 

United States has the potential for 

severe economic consequences. Even 

though imports of swine and swine 

products would be allowed under 

APHIS’ regulations related to FMD and 

rinderpest, those commodities would 

not be eligible for import from the 

Republic of Korea, due to USDA 

regulations designed to prevent the 

introduction of diseases other than FMD 

and rinderpest.2

We do not anticipate that changing 

the FMD and rinderpest status of the 

Republic of Korea would have a 

significant economic impact on a 


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3Effective March 20, 2000, APHIS removed the 

Republic of Korea from the list of regions 

considered to be free of both rinderpest and FMD. 

substantial number of U.S. entities, large 

or small, because the volume of 

currently prohibited/restricted animals 

and animal products imported into the 

United States from the Republic of 

Korea is likely to be very small relative 

to overall U.S. supply of those 

commodities (production and net 

imports from all foreign sources). There 

are several reasons for this. First, the 

volume of U.S. imports from the 

Republic of Korea prior to March 20, 

2000, when that country was considered 

to be free of FMD and rinderpest, was 

negligible.3 During the 3-year period 

from 1997 to 1999, the United States did 

not import any reportable amounts of 

ruminants or fresh (chilled or frozen) 

meat or other products of ruminants 

from the Republic of Korea, other than 

1.3 metric tons of dairy products in 

1998. 

Second, the Republic of Korea 

produces less beef, milk, and pork than 

it consumes, and is therefore a net 

importer of these commodities. Given 

this fact, there would not be a 

significant volume of exports of those 

commodities to the United States. 

Finally, APHIS’ staff expects that 

Hanwoo beef, a premium-priced 

specialty meat produced from Korean 

native cattle, is likely to be the Republic 

of Korea’s primary export to the United 

States if the proposed rule becomes 

effective. Because of its premium price, 

the market for Hanwoo beef would be 

limited; it is likely to be sold to a niche 

market, such as Korean restaurants in 

the United States. 

Importers, brokers, and others that 

would import Hanwoo beef, and 

restaurants that would serve that 

product, are the U.S. entities most likely 

to be affected by the rule. They stand to 

benefit from the increased business 

activity. The number of these entities is 

unknown but it is likely to be very 

small, given the expected limited 

market for Hanwoo beef in the United 

States. The size of these entities is also 

unknown, although it is reasonable to 

assume that, as with U.S. businesses in 

general, most are small under the 

standards of the U.S. Small Business 

Administration. The proposed action 

should have no noticeable effect on U.S. 

beef producers, given the expected 

limited demand for Hanwoo beef. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

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. 

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. 

Accordingly, we propose to amend 9 

CFR part 94 as follows: 

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL 

PLAGUE), EXOTIC NEWCASTLE 

DISEASE, AFRICAN SWINE FEVER, 

CLASSICAL SWINE FEVER, 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 

‘‘Republic of Korea,’’ after the word 

‘‘Japan,’’. 

§ 94.11 [Amended] 

3. In § 94.11, paragraph (a) is 

amended by adding the words 

‘‘Republic of Korea,’’ after the word 

‘‘Japan,’’. 

Done in Washington, DC, this 25th day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–7013 Filed 3–27–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0284; Directorate 

Identifier 2009–CE–016–AD] 

RIN 2120–AA64 

Airworthiness Directives; DORNIER 

LUFTFAHRT GmbH Models Dornier 

228–100, Dornier 228–101, Dornier 

228–200, Dornier 228–201, Dornier 

228–202, and Dornier 228–212 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

The manufacturer reported findings of 

missing primer on the internal of the elevator 

and rudder of aircraft S/N 8200. The aircraft 

S/N 8200 was with RUAG for maintenance 

purposes. Investigation performed by RUAG 

showed that the paint removal procedure for 

the rudder and elevator was changed from a 

paint stripping with brush and scraper to a 

procedure where the parts were submerged 

in a tank filled with hot liquid stripper. The 

stripper is called TURCO 5669 from Henkel 

Surface Technologies. The stripping process 

is described in the Technical Process Bulletin 

No. 238799 dated 09/01/1999. This paint 

stripping process change was not 

communicated to and not approved by the 

TC-Holder. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 29, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 


rwilkins on PROD1PC63 with PROPOSALS