99-3866. Change in Disease Status of the Republic of South Africa Because of Foot-and-Mouth Disease and Rinderpest  

  • [Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
    [Proposed Rules]
    [Pages 7816-7822]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-3866]
    
    
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    Proposed Rules
                                                    Federal Register
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    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.
    
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    Federal Register / Vol. 64, No. 31 / Wednesday, February 17, 1999 / 
    Proposed Rules
    
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    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    9 CFR Part 94
    
    [Docket No. 98-029-1]
    
    
    Change in Disease Status of the Republic of South Africa Because 
    of Foot-and-Mouth Disease and Rinderpest
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Proposed rule.
    
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    SUMMARY: We are proposing to declare the Republic of South Africa, 
    except Kruger National Park and the remainder of the foot-and-mouth 
    disease controlled area, free of foot-and-mouth disease. We are also 
    proposing to declare all of the Republic of South Africa free of 
    rinderpest. These proposed actions appear to be appropriate because 
    there have been no outbreaks of foot-and-mouth disease in the Republic 
    of South Africa, except in Kruger National Park and the remainder of 
    the foot-and-mouth disease controlled area, since 1957, and there have 
    been no outbreaks of rinderpest in the Republic of South Africa since 
    1903. These proposed actions would relieve certain restrictions due to 
    foot-and-mouth disease and rinderpest on the importation into the 
    United States of certain live animals and animal products from all 
    regions of the Republic of South Africa, except Kruger National Park 
    and the remainder of the foot-and-mouth disease controlled area. 
    However, because we consider the Republic of South Africa to be 
    affected with hog cholera, African swine fever, and swine vesicular 
    disease, and because the Republic of South Africa has certain trade 
    practices regarding animals and animal products that are less 
    restrictive than are acceptable for importation into the United States, 
    the importation of live swine, and meat and other products from 
    ruminants and swine, into the United States from the Republic of South 
    Africa would continue to be subject to certain restrictions.
    
    DATES: Consideration will be given only to comments received on or 
    before April 19, 1999.
    
    ADDRESSES: Please send an original and three copies of your comments to 
    Docket No. 98-029-1, Regulatory Analysis and Development, PPD, APHIS, 
    suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
    state that your comments refer to Docket No. 98-029-1. Comments 
    received may be inspected at USDA, room 1141, South Building, 14th 
    Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
    4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
    inspect comments are requested to call ahead on (202)690-2817 to 
    facilitate entry into the comment reading room.
    
    FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff 
    Officer, Regionalization Evaluation Services Staff, National Center for 
    Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 
    20737-1231, (301) 734-8364.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The regulations in 9 CFR part 94 (referred to below as the 
    regulations) prohibit or restrict the importation of specified animals 
    and animal products into the United States to help prevent the 
    introduction of various diseases, including foot-and-mouth disease 
    (FMD) and rinderpest. FMD and rinderpest are highly contagious and 
    destructive diseases of ruminants and swine.
        Section 94.1(a) of the regulations provides that rinderpest or FMD 
    exists in all regions of the world except those listed in 
    Sec. 94.1(a)(2) as free of both of those diseases and those listed in 
    Sec. 94.1(a)(3) as free of rinderpest. The regulations in Sec. 94.1(b) 
    prohibit, with certain exceptions, the importation into the United 
    States of any ruminant or swine, or any fresh (chilled or frozen) meat 
    of any ruminant or swine, that originates from any region where 
    rinderpest or FMD exists, or that has entered a port in or otherwise 
    transited a region where rinderpest or FMD exists. Also, the 
    regulations in Sec. 94.2 restrict the importation of fresh (chilled or 
    frozen) products, other than meat, and milk and milk products of 
    ruminants or swine that originate in or transit a region where 
    rinderpest or FMD exists. Additionally, the importation of organs, 
    glands, extracts, and secretions of ruminants or swine originating in a 
    region where rinderpest or FMD exists is restricted under the 
    regulations in Sec. 94.3, and the importation of cured or cooked meat 
    from a region where rinderpest or FMD exists is restricted under the 
    regulations in Sec. 94.4. Finally, the regulations in 9 CFR part 98 
    restrict the importation of ruminant and swine embryos and animal semen 
    from a region where rinderpest or FMD exists.
        The Government of the Republic of South Africa has requested that 
    the U.S. Department of Agriculture (USDA) recognize the Republic of 
    South Africa as free of rinderpest. They have also requested that USDA 
    recognize the Republic of South Africa, except Kruger National Park and 
    the remainder of the FMD-controlled area, as free of FMD.
        We will consider declaring a region free of rinderpest and FMD if, 
    among other things, no cases of those diseases have been reported in 
    the region for at least the previous 1-year period and no vaccinations 
    for rinderpest or FMD have been administered to ruminants or swine in 
    that region for at least the previous 1-year period. Rinderpest has not 
    been diagnosed in the Republic of South Africa since 1903, and 
    vaccination for rinderpest has never occurred. The last diagnosed case 
    of FMD, outside Kruger National Park and the remainder of the FMD-
    controlled area, occurred in 1957, and vaccination outside of Kruger 
    National Park and the remainder of the FMD-controlled area is not 
    allowed.
        In the documentation submitted by the Government of the Republic of 
    South Africa and information obtained during the APHIS on-site 
    evaluation (described later in this document), Kruger National Park and 
    the remainder of the FMD-controlled area are described. Kruger National 
    Park is surrounded by a barbed-wire fence that is approximately 6 feet 
    high and patrolled by employees of the Republic of South Africa's 
    agriculture department. One employee is stationed every 10 kilometers 
    (km). At this time, the barbed-wire fence is being replaced by an 
    electrified fence that is approximately 8 feet high. Beyond the
    
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    fence, the FMD-controlled area continues. The FMD-controlled area 
    consists of the ``enzootic area,'' a ``surveillance area,'' and the 
    rest of the controlled area (which forms a third buffer between 
    infected areas and the free zone). The enzootic area is the innermost 
    area of the FMD-controlled area and is approximately 10 to 20 km wide. 
    Kruger National Park is within the enzootic area. The enzootic area 
    extends along the national boundaries of the Republic of South Africa 
    and Kruger National Park (see map below). Cattle and small stock 
    (goats, sheep, and pigs) can be found in the enzootic area. Under the 
    Republic of South Africa's regulations, cattle are inspected for signs 
    of FMD every 7 days, and goats and sheep are similarly inspected every 
    28 days. In the portion of the enzootic area that is outside of and 
    that borders Kruger National Park, all cattle, sheep, and goats are 
    vaccinated against FMD every 6 months. Pigs are not vaccinated or 
    examined in the enzootic area. However, there is no known commercial 
    activity involving pigs in the enzootic area. The small stock people 
    raise in this area are sheep and goats, and not pigs. If any pigs are 
    present, they are raised for personal consumption and are not likely to 
    be moved out of the area. Movement of animals susceptible to FMD from 
    the enzootic area to the rest of the controlled area or the proposed 
    FMD-free area of the Republic of South Africa requires written 
    approval, except for direct movement to slaughter. In addition, 
    movement of animals from the enzootic area to the surveillance area is 
    allowed under permit after a 14-day quarantine. Also, written approval 
    may be necessary under certain circumstances. Cattle moved from the 
    enzootic area to the surveillance area are required to be permanently 
    branded, except in the case of direct movement to slaughter.
        The surveillance area is approximately 10 to 50 km wide; it borders 
    the enzootic area that adjoins Kruger National Park. Under the Republic 
    of South Africa's regulations, cattle in the surveillance area are 
    inspected for signs of FMD every 14 days, and goats and sheep are 
    similarly inspected every 28 days. Vaccination against FMD is not 
    permitted in the surveillance area. The movement of animals from the 
    surveillance area to the rest of the FMD-controlled area or to the 
    proposed FMD-free area is allowed only after a 14-day quarantine, 
    issuance of a permit, and written approval, in some cases. Negative 
    serology is also required under certain circumstances. No branded 
    cattle are allowed to leave the surveillance area, except for direct 
    movement to slaughter. However, branded cattle that are in the rest of 
    the controlled area or the proposed FMD-free area are subject to permit 
    control and may be moved only after written approval from the proper 
    authorities.
        The rest of the controlled area is approximately 10 to 20 km wide. 
    This area separates the surveillance area from the rest of the Republic 
    of South Africa. Under the Republic of South Africa's regulations, 
    cattle in this area must be inspected for signs of FMD every 28 days. 
    Vaccination against FMD is not permitted.
    
    BILLING CODE 3410-34-P
    
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    Map of the FMD-Controlled Area, Including Zones
    [GRAPHIC] [TIFF OMITTED] TP17FE99.005
    
    
    BILLING CODE 3410-34-C
    
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        The Republic of South Africa also provided information about its 
    surveillance system within the region under consideration for FMD-free 
    status. The Republic of South Africa has primarily a passive 
    surveillance system in which all cases of vesicular disease are 
    investigated. Control measures are followed to prevent the introduction 
    of FMD from Kruger National Park and bordering countries. If a case of 
    FMD is discovered within the region under consideration for FMD-free 
    status, the affected herd will be depopulated.
    
    APHIS Review of Information
    
        The Animal and Plant Health Inspection Service (APHIS) has reviewed 
    the documentation submitted by the Government of the Republic of South 
    Africa in support of its request, and a team of APHIS officials 
    traveled to the Republic of South Africa in May 1998 to conduct an on-
    site evaluation of the Republic of South Africa's animal health program 
    with regard to rinderpest and FMD. The on-site evaluation consisted of 
    a review of the Republic of South Africa's veterinary services, 
    laboratory and diagnostic procedures, disease surveillance system, and 
    vaccination practices, and its administration of laws and regulations 
    to ensure that rinderpest and FMD are not introduced through the 
    importation of live animals, meat, and other animal products from other 
    regions, including Kruger National Park and the remaining FMD-
    controlled area.
    
    Livestock Demographics
    
        The on-site evaluation also included a review of the livestock 
    demographics within the FMD-controlled area. Currently, cattle and 
    small stock are raised in the FMD-controlled area, and farmers in the 
    FMD-controlled area typically raise a dozen or so cattle for their 
    personal use and consumption and market one or more of the animals if 
    cash is needed. However, cattle in the FMD-controlled area are not 
    generally raised for commercial purposes. There are approximately 
    90,000 cattle in the enzootic area, and approximately 120,000 small 
    stock, which consists primarily of goats but also includes some sheep. 
    Pigs are uncommon. Small stock are raised for consumption by the owners 
    and not for commercial purposes.
    
    Movement of Meat and Other Products
    
        There are approximately 10 approved slaughter facilities within the 
    FMD-controlled area, and essentially all meat produced in these 
    facilities is consumed within the FMD-controlled area. However, the 
    Republic of South Africa's regulations allow cooked and cured meat, 
    hides, and other products prepared in the FMD-controlled area to enter 
    the proposed FMD-free area. Also, the Republic of South Africa's 
    regulations allow carcasses, meats, hides, and skins prepared in 
    approved slaughter facilities in the FMD-controlled area to enter the 
    proposed FMD-free area. In addition, carcasses and offal that do not 
    originate from approved slaughter facilities may be moved from the 
    enzootic area to the surveillance area for a person's own consumption 
    if the herd of origin has been inspected within the preceding 7 days 
    (cattle) or 28 days (small stock) or the whole carcass, head, and feet 
    have been inspected. Hides and skins not originating from approved 
    slaughter facilities may be moved from the enzootic area to any 
    destination under permit, and hides and skins originating from approved 
    slaughter facilities may be moved from the enzootic area to any 
    destination without a permit.
    
    Barriers Between Regions
    
        APHIS officials also evaluated whether the region under 
    consideration for FMD-free status was separated adequately by physical 
    or other barriers from adjacent regions of higher risk. APHIS officials 
    observed that the outer limits of the FMD-controlled area around Kruger 
    National Park, previously described in this document, are delineated by 
    a range of high mountains that virtually encircle the park. In 
    addition, the Republic of South Africa's northern boundary is rugged 
    and mountainous. With the exception of its border with the southernmost 
    portion of Namibia, the Republic of South Africa's borders are 
    protected by almost 3,000 km of fencing that is electrified in some 
    areas and topped with barbed wire. Also, some areas of the fence 
    consist of two or more parallel fences with coils of electrified razor 
    wire that run between the outer fences. The fences are maintained and 
    patrolled by the country's army. The portion of its boundary with 
    Namibia that is not fenced is too mountainous to erect a fence.
    
    Proposed Action
    
        Based on the documentation provided by the Government of the 
    Republic of South Africa and the data gathered during the on-site visit 
    by APHIS officials,1 we are proposing to recognize all of 
    the Republic of South Africa as free of rinderpest and all of the 
    Republic of South Africa, except Kruger National Park and the remainder 
    of the FMD-controlled area, as free of FMD. Accordingly, we would add 
    the Republic of South Africa, except Kruger National Park and the 
    remainder of the FMD-controlled area, to Sec. 94.1(a)(2) as a region 
    free of rinderpest and FMD. We would also amend Sec. 94.1(a)(3) by 
    listing the Republic of South Africa as a region free of rinderpest.
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        \1\ A risk assessment has been prepared for this action and is 
    available upon written request from the person listed under FOR 
    FURTHER INFORMATION CONTACT.
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        These proposed actions would remove: (1) The rinderpest-based 
    prohibitions on the importation of live ruminants and swine and fresh 
    (chilled or frozen) meat from ruminants and swine from the Republic of 
    South Africa, and the FMD-based prohibitions on such importations from 
    the Republic of South Africa, except for Kruger National Park and the 
    remainder of the FMD-controlled area; (2) the rinderpest-based 
    restrictions on the importation of milk and milk products from 
    ruminants and swine from the Republic of South Africa, and the FMD-
    based restrictions on such importations from the Republic of South 
    Africa, except for Kruger National Park and the remainder of the FMD-
    controlled area; (3) the rinderpest-based restrictions on the 
    importation of organs, glands, extracts, and secretions from ruminants 
    and swine from the Republic of South Africa, and the FMD-based 
    restrictions on such importations from the Republic of South Africa, 
    except for Kruger National Park and the remainder of the FMD-controlled 
    area; and (4) the rinderpest-based restrictions on the importation of 
    semen and embryos from ruminants and swine from the Republic of South 
    Africa, and the FMD-based restrictions on such importations from the 
    Republic of South Africa, except for Kruger National Park and the 
    remainder of the FMD-controlled area.
        However, because APHIS considers the Republic of South Africa to be 
    affected with hog cholera, African swine fever, and swine vesicular 
    disease, pork and pork products from all regions of the Republic of 
    South Africa would remain subject to the restrictions in Sec. 94.8 for 
    African swine fever, Sec. 94.9 for hog cholera, and Sec. 94.12 for 
    swine vesicular disease. Similarly, dry cured pork products would only 
    be allowed importation from the Republic of South Africa in accordance 
    with Sec. 94.17. In addition, because of the presence of these swine 
    diseases, we would continue to prohibit the importation of live swine 
    into the United States from any part of the Republic of South Africa, 
    except as provided in 9 CFR part 93 for wild swine. Finally, the 
    importation of ruminant and swine embryos and semen
    
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    from the Republic of South Africa would be restricted as provided in 
    subparts B and C of 9 CFR part 98 due to the presence of other ruminant 
    and swine diseases.
        We are also proposing to add the proposed FMD-free area of the 
    Republic of South Africa to the list in Sec. 94.11(a) of regions 
    declared free of rinderpest and FMD but are subject to special 
    restrictions on the importation of their meat and other animal products 
    into the United States. The regions listed in Sec. 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 Sec. 94.1(a) as 
    regions where rinderpest or FMD exists; or (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.
        The Republic of South Africa supplements its national meat supply 
    by importing fresh (chilled or frozen) meat of ruminants and swine from 
    regions designated in Sec. 94.1(a)(1) as regions in which rinderpest or 
    FMD exists. In addition, the Republic of South Africa shares common 
    land borders with regions designated in Sec. 94.1(a)(1) as regions in 
    which rinderpest or FMD exists. Furthermore, the Republic of South 
    Africa imports live ruminants and swine from regions not recognized as 
    free of rinderpest or FMD under conditions less restrictive than would 
    be acceptable for importation into the United States. As a result, 
    there is some risk that the meat and other animal products produced by 
    the Republic of South Africa could be commingled with the fresh 
    (chilled or frozen) meat of animals from a region in which rinderpest 
    and FMD exists and present an undue risk of introducing rinderpest or 
    FMD into the United States if imported without restriction.
        Under Sec. 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 Sec. 94.11 and 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.
        On October 28, 1997, we published a final rule and policy statement 
    in the Federal Register that established procedures for recognizing 
    regions, rather than only countries, for the purpose of importing 
    animals and animal products into the United States, and that 
    established procedures by which regions may request permission to 
    export animals and animal products to the United States under specified 
    conditions, based on the regions' disease status (see 62 FR 56000-
    56033, Dockets 94-106-8 and 94-106-9). The final rule was effective on 
    November 28, 1997. The request from the Republic of South Africa 
    addressed by this proposed rule is a request to be recognized as two 
    regions with respect to FMD. The Republic of South Africa provided 
    documentation to support that the entire country is free of rinderpest. 
    That Government also provided documentation to support that the 
    Republic of South Africa, except Kruger National Park and the remainder 
    of the FMD-controlled area, is free of FMD. Therefore, we have handled 
    and evaluated this request in the traditional framework of recognizing 
    a region as free or not free of a specified disease. This action does 
    not involve establishment of any additional restrictions on animals or 
    animal products from the Republic of South Africa.
    
    Miscellaneous
    
        In Sec. 94.1(b)(1), reference is made to part 92 for the 
    importation of ruminants and swine. In Docket No. 94-106-9, referenced 
    previously in this document, we redesignated part 92 as part 93. This 
    citation was not redesignated at that time due to our oversight. We are 
    proposing to correct that oversight in this document.
    
    Executive Order 12866 and Regulatory Flexibility Act
    
        This proposed rule has been reviewed under Executive Order 12866. 
    This rule has been determined to be not significant for the purposes of 
    Executive Order 12866 and, therefore, has not been reviewed by the 
    Office of Management and Budget.
        This proposed rule would declare all of the Republic of South 
    Africa free of rinderpest and the Republic of South Africa, except 
    Kruger National Park and the remainder of the FMD-controlled area, free 
    of FMD. This proposed rule would not relieve restrictions imposed on 
    the importation of swine and pork or pork products because APHIS 
    considers the Republic of South Africa as affected with hog cholera, 
    African swine fever, and swine vesicular disease. In addition, since 
    the Republic of South Africa shares land borders and maintains trading 
    relationships with FMD-affected regions, ruminant meat and other 
    products imported into the United States from the Republic of South 
    Africa would still be subject to certain restrictions under this 
    proposed rule.
        The cattle industry in the Republic of South Africa is small 
    relative to the cattle industry in the United States. In 1997, there 
    were more than 101 million head of cattle in the United States, 
    compared to more than 13 million in the Republic of South Africa. Of 
    the 2 million head of cattle that were imported into the United States 
    in 1996, more than 99 percent were from Canada and Mexico. Sheep and 
    goat inventories are much larger in the Republic of South Africa than 
    in the United States. In 1997, there were more than 35 million sheep 
    and goats in the Republic of South Africa, compared to more than 7 
    million sheep and goats in the United States. Of the sheep that the 
    United States imports, more than 99 percent are from Canada and Mexico 
    (``World Trade Atlas,'' June 1997). In 1995, the United States imported 
    460 goats and sheep from the Republic of South Africa; however, since 
    1995, the United States has not imported any live goats and sheep from 
    the Republic of South Africa. We do not believe that adoption of this 
    proposed rule would result in any significant increase in the number of 
    live ruminants imported into the United States from the Republic of 
    South Africa because the United States imports ruminants primarily from 
    Canada and Mexico.
        We also do not believe that adoption of this proposed rule would 
    result in any significant increase in the amount of ruminant meat 
    (beef, veal, mutton, and goat meat) and meat products imported into the 
    United States from the Republic of South Africa. The Republic of South 
    Africa's production of ruminant meat in 1997 was 1,542 million pounds, 
    compared to 26,089 million pounds of ruminant meat produced in the 
    United States. In 1997, the Republic of South Africa imported 196 
    million pounds of ruminant meat
    
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    and exported 44 million pounds of ruminant meat. The Republic of South 
    Africa primarily trades with the European Union, Middle East, Japan, 
    Korea, Australia, New Zealand, and neighboring African countries. The 
    United States obtains more than 85 percent of its imports of ruminant 
    meat and meat products from Australia, Canada, and New Zealand. Any 
    effect on domestic supplies of ruminant meat and meat products would be 
    negligible because we believe that it is unlikely that the Republic of 
    South Africa would redirect a significant portion of its ruminant meat 
    production for export exclusively to the United States if this proposed 
    rule is adopted, given that restrictions would remain in place for 
    imports into the United States.
        The importation of dairy products from the Republic of South Africa 
    into the United States should also be minimally affected by this rule. 
    In 1997, U.S. exports and imports of dairy products were valued at $727 
    million and $1,274 million, respectively. In 1997, the United States 
    exported $3,391,000 worth of dairy products to the Republic of South 
    Africa and imported only $2,000 worth of dairy products from the 
    Republic of South Africa. We believe that it is highly unlikely that 
    the United States would import a significant amount of dairy products 
    from the Republic of South Africa because the United States is a 
    significant net exporter of those products to the Republic of South 
    Africa. Therefore, the impact on domestic dairy producers should be 
    minimal.
        The importation of ruminant embryos and semen from the Republic of 
    South Africa into the United States should also be minimally affected 
    by this rule. The United States is a net exporter of both bovine semen 
    and cattle embryos. In 1996, the value of U.S. bovine semen and cattle 
    embryo imports was $7.7 million and $701,000, respectively, while the 
    value of U.S. exports of bovine semen and cattle embryos was $63.1 
    million and $12.6 million, respectively (``World Trade Atlas,'' June 
    1997). Due to the trade balance and the size differences between the 
    cattle industries of the United States and the Republic of South 
    Africa, the amount of embryos and semen imported will likely be minimal 
    and have a minimal impact on small domestic cattle producers.
        The entities most likely to be affected by this proposed rule are 
    those entities engaged in the production of live ruminants and ruminant 
    meat and meat products. The Small Business Administration's (SBA's) 
    definition of a small cattle farm is one whose total sales is less than 
    $0.5 million annually. In 1992, 97.8 percent of cattle and calf farms 
    in the United States would have been considered small entities.
        The SBA's guidelines state that a small producer of pork and 
    ruminant products (part of Standard Industrial Classification (SIC) 
    2011 or 2013, meat packing plants) is one employing fewer than 500 
    workers. In 1992, 97 percent of the 1,367 meat packing establishments 
    in SIC 2011 were considered small entities. These small establishments 
    accounted for approximately 40 percent of the total value of shipments 
    of the industry, or $50.4 billion. In 1992, 98 percent of the 1,264 
    establishments in SIC 2013 were considered small entities. These 
    producers accounted for 84 percent of the total value of shipments of 
    the industry, or $19.97 billion.
        Although the majority of the domestic entities potentially affected 
    by this proposed rule are small, there should be only a minimal change 
    in the level of imports that may compete with the production of these 
    small entities, and thus there would be a minimal impact on any 
    domestic producer of these products, whether small or large.
        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.
    
    National Environmental Policy Act
    
        An environmental assessment and finding of no significant impact 
    have been prepared for this proposed rule. The assessment provides a 
    basis for the conclusion that the importation of certain live animals 
    and animal products from all regions of the Republic of South Africa, 
    except Kruger National Park and the remainder of the foot-and-mouth 
    disease controlled area, would not present a significant risk of 
    introducing or disseminating FMD or rinderpest disease agents into the 
    United States and would not have a significant impact on the quality of 
    the human environment. Based on the finding of no significant impact, 
    the Administrator of the Animal and Plant Health Inspection Service has 
    determined that an environmental impact statement need not be prepared.
        The environmental assessment and finding of no significant impact 
    were prepared in accordance with: (1) The National Environmental Policy 
    Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), (2) 
    regulations of the Council on Environmental Quality for implementing 
    the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
    regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 
    Implementing Procedures (7 CFR part 372).
        Copies of the environmental assessment and finding of no 
    significant impact are available for public inspection at USDA, room 
    1141, South Building, 14th Street and Independence Avenue SW., 
    Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
    except holidays. Persons wishing to inspect copies are requested to 
    call ahead on (202) 690-2817 to facilitate entry into the reading room. 
    In addition, copies may be obtained by writing to the individual listed 
    under FOR FURTHER INFORMATION CONTACT.
    
    Paperwork Reduction Act
    
        This proposed 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 proposing to amend 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 would continue to read as 
    follows:
    
        Authority: 7 U.S.C. 147a, 150ee, 161, 162, 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).
    
    
    Sec. 94.1  [Amended]
    
        2. Section 94.1 would be amended as follows:
        a. In paragraph (a)(2), by adding the words ``Republic of South 
    Africa (except Kruger National Park and the remainder of the foot-and-
    mouth disease controlled area that separates the foot-and-mouth
    
    [[Page 7822]]
    
    disease free area of the Republic of South Africa from Kruger National 
    Park and the regions along the Republic of South Africa's northern 
    border),'' immediately after ``Republic of Korea,''.
        b. In paragraph (a)(3), by adding the words ``and the Republic of 
    South Africa'' immediately after ``Greece''.
        c. In paragraph (b)(1), the reference ``part 92'' would be removed 
    and the reference ``part 93'' would be added in its place.
    
    
    Sec. 94.11  [Amended]
    
        3. In Sec. 94.11, paragraph (a) would be amended by adding, in the 
    first sentence, the words ``Republic of South Africa (except Kruger 
    National Park and the remainder of the foot-and-mouth disease 
    controlled area that separates the foot-and-mouth disease free area of 
    the Republic of South Africa from Kruger National Park and the regions 
    along the Republic of South Africa's northern border),'' immediately 
    after ``Republic of Korea,''.
    
        Done in Washington, DC, this 10th day of February 1999.
    Craig A. Reed,
    Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 99-3866 Filed 2-16-99; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Published:
02/17/1999
Department:
Animal and Plant Health Inspection Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-3866
Dates:
Consideration will be given only to comments received on or before April 19, 1999.
Pages:
7816-7822 (7 pages)
Docket Numbers:
Docket No. 98-029-1
PDF File:
99-3866.pdf
CFR: (4)
9 CFR 94.1(a)(2)
9 CFR 94.1(a)(3)
9 CFR 94.1
9 CFR 94.11