[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 55812-55813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26981]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 97-118-2]
Change in Disease Status of Luxembourg Because of BSE
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that added Luxembourg to the list of regions where bovine
spongiform encephalopathy exists. We took this action because bovine
spongiform encephalopathy was detected in a cow in Luxembourg. The
effect of the interim rule was to prohibit the importation of ruminants
that have been in Luxembourg and meat, meat products, and certain other
products of ruminants that have been in Luxembourg. The interim rule
was necessary to reduce the risk that bovine spongiform encephalopathy
could be introduced into the United States.
EFFECTIVE DATE: The interim rule became effective on December 2, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian,
Animal Products Program, National Center for Import and Export, VS,
APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; (301) 734-
3399; or e-mail: john.w.cougill@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective December 2, 1997, and published in the
Federal Register on December 17, 1997 (62 FR 65999-66001, Docket No.
97-118-1), we amended the regulations in 9 CFR part 94 by adding
Luxembourg to the list in Sec. 94.18 of regions where bovine spongiform
encephalopathy (BSE) exists. We took this action because BSE was
detected in a cow born in Luxembourg.
Comments on the interim rule were required to be received on or
before February 17, 1998. We did not receive any comments. Therefore,
for the reasons given in the interim rule, we are adopting the interim
rule as a final rule.
This action also affirms the information contained in the interim
rule concerning Executive Orders 12866 and 12988 and the Paperwork
Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
Regulatory Flexibility Act
This rule affirms an interim rule that amended the regulations by
adding Luxembourg to the list of regions where BSE exists. We took this
action because BSE was detected in a cow in Luxembourg. The effect of
the interim rule was to prohibit the importation of ruminants that have
been in Luxembourg and meat, meat products, and certain other products
of ruminants that have been in Luxembourg. The interim rule was
necessary to reduce the risk that BSE could be introduced into the
United States.
The following analysis addresses the economic effect of this rule
on small entities, as required by the Regulatory Flexibility Act.
BSE is a slowly progressing, fatal, degenerative disease that
affects the central nervous system of cattle. The disease was first
diagnosed in 1986 in Great Britain, where it is sometimes called ``mad
cow disease.'' Infected animals may display changes in temperament,
abnormal posture, incoordination and difficulty in rising, decreased
milk production, and loss of body condition despite continued appetite.
The causative agent of BSE is not completely characterized, and there
is no treatment for the disease. At this time, the disease is not known
to exist in the United States. There is no vaccine to prevent BSE nor
is there a test to detect the disease in live animals. Given these
factors, the import restrictions imposed by the interim rule are the
most effective means available for ensuring that BSE does not enter the
United States from Luxembourg.
Preventing the introduction of BSE into the United States is
critical. In
[[Page 55813]]
addition to the potential threat to public health, BSE also has the
potential to cause severe economic hardship for the U.S. livestock
industry. Great Britain's experience with the disease provides an
insight into how damaging BSE can be to livestock. Between November
1986 (when BSE was first diagnosed in Great Britain) and May 1996, an
estimated 160,540 head of cattle in approximately 33,455 herds were
diagnosed with BSE in Great Britain. The epidemic peaked there in
January 1993, with almost 1,000 new cases per week. All of the animals
in Great Britain showing signs of BSE, most of which were dairy cows
between 3 and 5 years of age, were destroyed.
If BSE were introduced into the United States, livestock losses
would likely be much greater than in Great Britain, because the United
States raises more cattle. However, assuming the same number of cattle
losses in the United States as in Great Britain (160,540), the
introduction of BSE into the United States would cost U.S. livestock
producers $189 million, based on the current price of $1,180 per head
for dairy cows. The $189 million figure does not include higher
production costs that would likely be incurred by U.S. producers, due
to the presence of the disease.
U.S. export and consumer markets would also be affected. The United
States currently restricts the importation of live ruminants and
ruminant products from all regions where BSE is known to exist and from
regions that present an undue risk of introducing BSE into the United
States due to import requirements less restrictive than those that
would be acceptable for import into the United States and/or because of
inadequate surveillance. Presumably, if BSE were introduced into the
United States, other regions would adopt similar restrictions on the
exportation of live ruminants and ruminant products from the United
States. Such restrictions by other regions would be devastating
economically. In 1997, for example, the dollar value of U.S. exports of
both bovine animals and bovine animal meat totaled $3.1 billion. Those
export sales could be lost in their entirety. Consumers would incur
higher costs due to higher prices for ruminant products and increased
prices for competitive products, such as poultry.
We expect that restricting the importation of live ruminants and
ruminant products from Luxembourg will have little or no effect on U.S.
consumers. No ruminants were imported into the United States from
Luxembourg in 1996. This is compared with U.S. imports of nearly 2
million cattle alone in the same year. There were no imports into the
United States of fresh sheep or goat meat from Luxembourg in 1994,
1995, or 1996. Further, there were no imports into the United States of
canned beef, sausage, and other prepared and preserved beef and veal
from Luxembourg in 1996.
Placing Luxembourg on the list of regions where BSE is known to
exist also restricts the importation of bones, products made from bone
meal, blood meal, meat meal, offal, fat, glands, and serum from
ruminants from this country. Little effect should be associated with
any of these restrictions. Further, the importation into the United
States of any pet or animal feed from Luxembourg that may contain
ruminant products is restricted as a result of this action. Since the
U.S. imported no animal feed from Luxembourg in 1994, 1995, or 1996, we
expect that there will be very little or no effect on U.S. consumers as
a result of this restriction.
Because Luxembourg is not a significant supply source for the U.S.
market, restrictions on imports from Luxembourg should not have a
significant effect on consumer prices in the United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
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.
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
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 9 CFR part 94 and that was published at 62 FR
65999-66001 on December 17, 1997.
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 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
371.2(d).
Done in Washington, DC, this 8th day of October 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-26981 Filed 10-14-99; 8:45 am]
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