[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Rules and Regulations]
[Pages 29897-29899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13914]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-032-1]
Prohibition of Beef From Argentina
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations by removing the provisions for
the importation of fresh (chilled or frozen) beef from Argentina and by
removing the exemptions that allowed cured or cooked beef to be
imported from Argentina under certain conditions without meeting the
requirements of the regulations regarding cured and cooked meat from
regions where rinderpest or foot-and-mouth disease exists. We are
taking these actions because the existence of foot-and-mouth disease
has been confirmed in that country. The effect of these actions is to
prohibit the importation of any fresh (chilled or frozen) beef from
Argentina and to prohibit the importation of any cooked or cured beef
from Argentina that does not meet the requirements of the regulations
regarding cured and cooked meat from regions where rinderpest or foot-
and-mouth disease exists. We are taking these actions as an emergency
measure to protect the livestock of the United States from foot-and-
mouth disease.
DATES: This interim rule was effective on February 19, 2001. We invite
you to comment on this docket. We will consider all comments that we
receive by August 3, 2001.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 01-032-1, Regulatory Analysis and
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 01-032-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3276.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation of specified animals and animal
products into the United States in order to prevent the introduction of
various animal diseases including rinderpest, foot-and-mouth disease
(FMD), African swine fever, hog cholera, and swine vesicular disease.
These are dangerous and destructive communicable diseases of ruminants
and swine. Section 94.1 of the regulations lists regions of the world
that are declared free of rinderpest or free of both rinderpest and
FMD. Rinderpest or FMD exists in all other regions of the world not
listed.
Although Argentina is currently not listed in Sec. 94.1, the
regulations do provide for the importation of fresh (chilled or frozen)
beef from Argentina under certain conditions. Specifically, under
Sec. 94.21, fresh (chilled or frozen) beef may be imported from
Argentina if, among other things, FMD has not been diagnosed in
Argentina within the previous 12 months. Additionally, cured or cooked
beef from Argentina that meets the requirements for the importation of
fresh (chilled or frozen) beef in Sec. 94.21 may be imported into the
United States without meeting the requirements of Sec. 94.4.
On or about July 22, 2000, cattle from a neighboring country were
illegally imported into Argentina, and on August 16, 2000, Argentina
confirmed that one of the imported animals was infected with FMD. At
that time, the United States Department of Agriculture (USDA) imposed a
temporary hold on the importation of all beef from Argentina that had
been authorized to be imported under Sec. 94.21. During late September
and early October 2000, a tripartite delegation consisting of
representatives from the United States, Canada, and Mexico visited
Argentina to assess the FMD situation. After extensive inspection and
evaluation, the tripartite delegation concluded that Servicio Nacional
de Sanidad y Calidad Agroalimentario (SENASA) had acted promptly and
effectively to eliminate the FMD infection.
Further, Veterinary Services staff members of the Animal and Health
Inspection Service (APHIS), produced a risk assessment document to
explore the potential FMD risks associated with importing beef from
Argentina under the provisions of Sec. 94.21. This report concluded
that the August 2000 outbreak of FMD, which resulted from the illegal
movement of animals into Argentina from a bordering country, had been
quickly detected and contained.
In consideration of SENASA's prompt action and the conclusions of
the risk analysis, we issued an interim rule on December 29, 2000 (65
FR 82894-82896, Docket No. 00-079-1), that allowed beef imports from
Argentina to resume under Sec. 94.21. In that interim rule, we also
amended Sec. 94.21 by adding additional provisions to ensure that beef
being exported to the United States was not from an animal that had
ever been in specified areas along Argentina's borders with Bolivia,
Brazil, Paraguay, and Uruguay.
However, on March 12, 2001, Argentina reported to the Office
International des Epizooties (OIE) and the United States that they had
detected an outbreak of FMD in a herd of 300 young bulls in the
province of Buenos Aires. Subsequently, within the following 4 days,
SENASA informed the OIE and the United States with clinical
confirmation of the existence of FMD in
[[Page 29898]]
four additional provinces. Since these initial detections, the number
of confirmed cases has increased steadily. The affected provinces
currently include Buenos Aires, Cordoba, La Pampa, San Luis, and Santa
Fe. SENASA is investigating the FMD outbreak, conducting extensive
serological surveillance, and implementing a vaccination program to
attempt to confine the virus.
In order to protect the livestock of the United States from FMD, we
are prohibiting the importation of fresh (chilled or frozen) beef from
Argentina and any cured or cooked beef from Argentina that does not
meet the requirements of Sec. 94.4. Accordingly, we are amending the
regulations by removing Sec. 94.21, which provides for the importation
of fresh (chilled or frozen) beef from Argentina. We are also amending
Sec. 94.4 to remove the provisions that exempt cooked or cured beef
from Argentina from that section's requirements.
We are making this interim rule effective retroactively to February
19, 2001, because, given the significant numbers of affected animals
and regions, it is likely that the virus was present in Argentina for
several weeks prior to the March 12, 2001, date SENASA reported that
FMD had been detected in the province of Buenos Aires.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
introduction of FMD into the United States. Under these circumstances,
the Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this rule effective less than
30 days after publication in the Federal Register.
We will consider comments that are received within 60 days of
publication of this rule in the Federal Register. After the comment
period closes, we will publish another document in the Federal
Register. The document will include a discussion of any comments we
receive and any amendments we are making to the rule as a result of the
comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
We are amending the regulations by removing the provisions for the
importation of fresh (chilled or frozen) beef from Argentina and by
removing the exemptions that allowed cured or cooked beef to be
imported from Argentina under certain conditions without meeting the
requirements of the regulations regarding cured and cooked meat from
regions where rinderpest or FMD exists. We are taking these actions
because the existence of FMD has been confirmed in that country. The
effect of these actions is to prohibit the importation of any fresh
(chilled or frozen) beef from Argentina and to prohibit the importation
of any cooked or cured beef from Argentina that does not meet the
requirements of the regulations regarding cured and cooked meat from
regions where rinderpest or FMD exists. We are taking these actions as
an emergency measure to protect the livestock of the United States from
FMD.
FMD is among the most infectious and destructive of all livestock
diseases. While it rarely kills adult animals, the virus may kill young
and weak animals. Production losses are substantial, and costs to
eradicate the disease are high. A single outbreak of FMD in the United
States has the potential to close our major livestock export markets
overnight. During the eradication process, most exports of meat,
animals, and animal byproducts would be curtailed. Additionally, if the
early signs of an outbreak were not immediately recognized, eradication
could take years. Therefore, efforts to reduce the risk of the entry of
FMD into the United States continue to be a high priority.
Imports of infected animal products pose the greatest risk of entry
for FMD into the United States. The virus can survive in chilled,
frozen, salted, cured, and partially cooked meats. Additionally, the
virus can also be present in cheese, since the pasteurization process
does not completely kill the virus. Strict quarantine regulations
minimize the risk of any infected products entering the United States.
With the exception of North and Central America (north of Panama),
Australia, and New Zealand, FMD is still present in many areas of the
world. FMD was last reported in the United States in 1929, in Canada in
1952, and in Mexico in 1954.
The United States livestock industry plays a significant role in
international trade. Maintaining favorable trade conditions depends, in
part, on continued aggressive efforts to prevent the entry of FMD into
the United States. In 1999, the last year of available data, the total
earnings from exports of live cattle, swine, beef and veal, pork, and
dairy products were approximately $4.818 billion, while the value of
imports was $5.671 billion. Livestock and related exports generated
about $11.7 billion in output sales and created about 100,000 jobs in
the United States.
The quantity of all U.S. fresh beef imports equals only about one-
tenth of the amount produced domestically. Over the last 4 years, fresh
beef imported into the United States from Argentina has averaged only
1.7 percent of total beef imports. Additionally, the amount of cooked
and cured meats imported into the United States from Argentina is not
significant. In fact, the value of these imports has declined steadily
in the past 6 years. Subsequently, we expect that this interim rule
will have an insignificant effect on U.S. entities, small or large. We
do expect that this rule will produce economic benefits by minimizing
the risk of FMD entering the United States with little to no effect on
supply or consumer prices.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has retroactive
effect to February 19, 2001; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, we are amending 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-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 continues to read as follows:
[[Page 29899]]
Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754;
19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136,
and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80,
and 371.4.
Sec. 94.1 [Amended]
2. Paragraph (a)(1) of Sec. 94.1 is amended by removing the words
``Except as provided in Sec. 94.21, rinderpest'' and replacing them
with the word ``Rinderpest''.
Sec. 94.4 [Amended]
3. Section 94.4 is amended as follows:
a. Paragraph (a) is amended by removing the words ``Except for
cured beef from Argentina that meets the requirements for the
importation of fresh, chilled or frozen, beef as provided in
Sec. 94.21, the'' and replacing them with the word ``The''.
b. Paragraph (b) is amended by removing the words ``Except for
cooked beef from Argentina that meets the requirements for the
importation of fresh, chilled or frozen, beef as provided in
Sec. 94.21, the'' and replacing them with the word ``The''.
Sec. 94.21 [Removed and reserved]
4. Section 94.21 is removed and reserved.
Done in Washington, DC, this 29th day of May 2001.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-13914 Filed 6-1-01; 8:45 am]
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