[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67695-67697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31344]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 98-119-2]
Change in Disease Status of Liechtenstein Because of BSE
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, without change, an interim
rule that added Liechtenstein to the list of regions where bovine
spongiform encephalopathy exists. We took this action because bovine
spongiform
[[Page 67696]]
encephalopathy was detected in two bovine animals in Liechtenstein. The
effect of the interim rule was to prohibit or restrict the importation
of ruminants that have been in Liechtenstein and meat, meat products,
and certain other products of ruminants that have been in
Liechtenstein. 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 18, 1998.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective December 18, 1998, and published in
the Federal Register on December 24, 1998 (63 FR 71209-71210, Docket
No. 98-119-1), we amended the regulations in 9 CFR part 94 by adding
Liechtenstein to the list in Sec. 94.18(a)(1) of regions where bovine
spongiform encephalopathy (BSE) exists. We took this action because BSE
was detected in two bovine animals born in Liechtenstein.
We solicited comments concerning the interim rule for 60 days
ending February 22, 1999. We received one comment by that date. The
comment was from an individual who did not oppose adding Liechtenstein
to the list of regions where BSE exists but expressed the opinion that,
at this time, animals and animal products derived from animals should
be banned from importation into the United States until techniques are
developed that will inactivate transmissible spongiform encephalopathy
(TSE) agents, including BSE. The commenter also stated that the
exporting country's regulations should be equal to or stronger than
ours, and the country's animal population should be TSE-free. In
addition, the commenter raised issues regarding human health and the
labeling of certain animal products. These comments are outside the
scope of this rulemaking.
We currently prohibit or restrict the importation of ruminants,
ruminant meat and meat products, and certain other ruminant products
from regions where BSE is known to exist and from regions where we
believe BSE may exist. This rulemaking added Liechtenstein to the list
of those regions. If we determine that other changes to our regulations
are necessary to prevent the introduction of BSE into the United
States, we will publish another document in the Federal Register for
public comment.
Therefore, for the reasons given in the interim rule and in this
document, 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 Liechtenstein to the list of regions where BSE exists. We took
this action because BSE was detected in two bovine animals in
Liechtenstein. The effect of the interim rule was to prohibit or
restrict the importation of ruminants that have been in Liechtenstein
and meat, meat products, and certain other products of ruminants that
have been in Liechtenstein. 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 Liechtenstein.
Preventing the introduction of BSE into the United States is
critical. BSE 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 October 1998 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 that are 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 ruminants (bovine, sheep, and goats) and ruminant products
(bovine, sheep, lamb, and goat meat and bovine, sheep, and goat offal)
was more than $3.1 billion. Those export sales could be lost in their
entirety. Consumers could 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 Liechtenstein will have little or no effect on
U.S. consumers. No ruminants, ruminant meat, or ruminant offal were
imported into the United States from Liechtenstein in the last 5 years.
Total imports into the United States of ruminant meat in 1997 had a
value of more than $1.6 billion. Because Liechtenstein is not a
significant supply source of ruminants and ruminant products for the
U.S. market,
[[Page 67697]]
restrictions on imports from Liechtenstein should not have a
significant effect on consumer prices in the United States.
Placing Liechtenstein 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 region. Little economic effect should be associated
with any of these restrictions. Further, the importation into the
United States of any pet or animal feed from Liechtenstein that may
contain ruminant products is restricted as a result of this action. The
United States has imported dog and cat food from Liechtenstein since
1995. In 1997, total imports of dog and cat food into the United States
had a value of more than $149 million; of this, only $52,191 worth was
imported from Liechtenstein. Therefore, we expect that there will be
very little or no effect on U.S. consumers as a result of this
restriction.
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 63 FR
71209-71210 on December 24, 1998.
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 23rd day of November 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-31344 Filed 12-2-99; 8:45 am]
BILLING CODE 3410-34-P
