Change in Disease Status of Surrey County, England, Because of Foot-and-Mouth Disease, 78925-78927 [E8-30724]
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Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Rules and Regulations
III and IV price formulas and breaks the
necessary link between Class I prices
and any future changes in Class III and
IV pricing formulas.
Class II Discussion
Proponents argue that the formula
used to determine the Class II price does
not properly account for the costs of
drying and re-hydrating NFDM and
encourages the substitution of NFDM for
fresh skim milk in Class II products.
They claim that a $0.17 per cwt increase
in the Class II minimum price is
necessary to reflect increased costs of
drying and re-hydrating skim milk.
Additionally, they proposed that the
Class II butterfat price be the same as
the Class I butterfat price. Proponents
argue that since milk supplies for Class
I and II products are complementary,
and that the Class II butterfat supply is
primarily from surplus butterfat at Class
I bottling plants, the butterfat values
should be the same. Proponents fail,
however, to provide relevant data
demonstrating that condensing and rehydrating costs have actually increased
to levels advanced, or a compelling
argument as to why Class I and II
butterfat values should be equal.
Adoption of NMPF’s proposed Class II
skim milk formula would also sever the
relationship between Class IV and Class
II product prices, just as it would to the
relationship of the Class I price to Class
III and IV prices. If a change was made
to the Class IV price formula in future
proceedings, for example, a make
allowance proceeding, the change
would not be reflected in the Class II
price.
pwalker on PROD1PC71 with RULES
Rulings on Findings and Conclusions
All briefs, findings and conclusions,
and the evidence in the record were
considered in reaching the findings and
conclusions set forth above. The
petition to consider proposals that
would have increased Class I and Class
II prices and modified the formulas used
to determine Class I and Class II prices
is denied for the reasons stated in this
decision.
Termination of Proceeding
At issue in this proceeding is whether
the level of the Class I and II prices, and
the manner in which the Class I and II
prices are determined, are successful in
promoting orderly marketing conditions
and meeting the intent of the
Agricultural Marketing Agreement Act
of 1937 (AMAA). As reflected in the
above Class I and Class II discussions,
the record does not demonstrate that the
proposed modifications to the Class I
and Class II price formulas are
supportable. While some evidence may
VerDate Aug<31>2005
19:28 Dec 23, 2008
Jkt 217001
indicate that dairy farmers have faced
increased additional costs in supplying
the needs of the fluid market, other
evidence suggests that other costs may
have decreased. In any case, the
evidence is neither compelling nor
provides a basis to make a reasoned
decision for either recommending
adoption or denial of the proposals.
Accordingly, the proceeding is
terminated.
List of Subjects in 7 CFR Parts 1000,
1001, 1005, 1006, 1007, 1030, 1032,
1033, 1124, 1126, and 1131
Milk marketing orders.
The authority citation for 7 CFR Parts
1000, 1001, 1005, 1006, 1007, 1030,
1032, 1033, 1124, 1126, and 1131
continues to read as follows:
Authority: 7 U.S.C. 601–674, and 7253.
Dated: December 19, 2008.
James E. Link,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–30697 Filed 12–23–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS–2007–0124]
Change in Disease Status of Surrey
County, England, Because of Footand-Mouth Disease
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations governing the importation of
certain animals, meat, and other animal
products into the United States by
restoring Surrey County, England, to the
list of regions of the world that are
considered free of rinderpest and footand-mouth disease (FMD), and to the
list of regions of the world considered
free of rinderpest and FMD but subject
to additional importation restrictions
because of those regions’ proximity to or
trading relationships with FMD-affected
regions. This final rule follows an
interim rule that removed Surrey
County, England, from those lists due to
the detection of FMD in that region.
Based on the results of a risk analysis
concerning the FMD disease status of
Surrey County, England, we have
determined that Surrey County,
England, can be added to the list of
regions considered free of FMD. This
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78925
rule relieves certain FMD-related
prohibitions and restrictions on the
importation of ruminants and swine and
the fresh meat and other animal
products of ruminants and swine into
the United States from Surrey County,
England.
DATES: Effective Date: January 8, 2009.
FOR FURTHER INFORMATION CONTACT: Dr.
Chip Wells, Senior Staff Veterinarian,
Regionalization Evaluation Services
Import Staff, 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 animal diseases,
including rinderpest and foot-andmouth disease (FMD). FMD is a severe
and highly contagious viral infection
affecting all cloven-hoofed animals,
including cattle, deer, goats, sheep,
swine, and other animals. Section 94.1
of the regulations lists regions of the
world that are considered free of
rinderpest and FMD. Section 94.11 lists
regions of the world that the Animal
and Plant Health Inspection Service
(APHIS) has determined to be free of
rinderpest and FMD but from which the
importation of meat and other animal
products into the United States is
subject to additional restrictions
because of those regions’ proximity to or
trading relationships with FMD-affected
regions.
In an interim rule 1 effective and
published in the Federal Register on
January 30, 2008 (73 FR 5424–5426,
Docket No. APHIS-2007-0124), we
amended the regulations in § 94.1 to
remove Surrey County, England, from
the list of regions that are considered
free of rinderpest and FMD. We also
amended the regulations in § 94.11 to
remove Surrey County, England, from
the list of regions considered free of
rinderpest and FMD but from which the
importation of meat and other animal
products of ruminants and swine into
the United States is subject to additional
restrictions. That action was necessary
because, by September 30, 2007, a total
of eight outbreaks of FMD in Surrey
County, England, had been reported to
the World Organization for Animal
Health (OIE). As a result of the interim
1 To view the interim rule and the comment we
received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124.
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78926
Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Rules and Regulations
rule, the importation of ruminants and
swine and the fresh meat and other
animal products of ruminants and swine
from Surrey County, England, was
restricted.
Although we removed Surrey County,
England, from the list of regions that are
considered free of rinderpest and FMD
we recognized that: (1) FMD was not
known to exist in the United Kingdom
outside of Surrey County, England; (2)
the United Kingdom maintained strict
control over the importation and
movement of animals and animal
products from regions of higher risk and
established barriers to the spread of
FMD from Surrey County, England; (3)
the United Kingdom maintained a
surveillance system capable of detecting
FMD should the disease have been
introduced into other regions of the
country; and (4) the United Kingdom
has the laws, policies, and infrastructure
to detect, respond to, and eliminate any
occurrence of FMD. We stated that we
intended to reassess the situation in
accordance with the standards of the
OIE, and that as part of the reassessment
process, we would consider all
comments received regarding the
interim rule.
We solicited comments on the interim
rule for 60 days ending March 31, 2008.
The only comment we received directed
our attention to a press release from a
governmental agency of the United
Kingdom which announced that the OIE
had restored the FMD-free status of the
United Kingdom as of February 19,
2008.
On May 23, 2008, we published a
notice 2 in the Federal Register (73 FR
30002–30003, Docket No. APHIS–2007–
0124) in which we advised the public of
the availability of a risk analysis that
had been prepared by APHIS
concerning the FMD status of Surrey
County, England, and the related
disease risks associated with importing
ruminants and swine and the fresh meat
and other animal products of ruminants
and swine from Surrey County,
England. The risk analysis, entitled
‘‘APHIS Risk Analysis on Importation of
Foot and Mouth Disease (FMD) Virus
from Surrey County, England, in the
United Kingdom,’’ examined the events
that occurred during and after the
outbreaks and assessed the risk
associated with the resumption of
imports of ruminants and swine and the
fresh meat and other animal products of
ruminants and swine from Surrey
County, England. In the risk analysis,
2 To view the risk analysis document and the
comments we received, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124.
VerDate Aug<31>2005
19:28 Dec 23, 2008
Jkt 217001
APHIS concluded that the risk of
introducing FMD into the United States
as a result of the resumption of imports
of ruminants and swine and the fresh
meat and other animal products of
ruminants and swine from Surrey
County, England, is low.
We solicited comments concerning
the risk analysis for 60 days ending July
22, 2008. We received three comments
by that date. The comments were from
private citizens who opposed relieving
restrictions on Surrey County, England.
None of the commenters offered any
data or substantive information to
support their objections, however.
Therefore, based on the conclusions
of our risk analysis and for the reasons
given in this document, we are
amending the regulations by restoring
Surrey County, England, to the list of
regions of the world that are considered
free of rinderpest and FMD, and to the
list of regions of the world considered
free of rinderpest and FMD but subject
to additional importation restrictions
because of those regions’ proximity to or
trading relationships with FMD-affected
regions.
This final rule 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 its review under Executive
Order 12866.
Regulatory Flexibility Act
The following analysis addresses the
economic effects of this rule on small
entities, as required by the Regulatory
Flexibility Act.
FMD is a contagious viral disease of
ruminants, swine, and other clovenhoofed animals. In August 2007, FMD
was confirmed in Surrey County,
England, and by the end of September
2007, a total of eight outbreaks had been
reported to the World Organization for
Animal Health (OIE). In an interim rule
published January 30, 2008, APHIS
amended the regulations by removing
Surrey County from the list of regions in
§ 94.1 that are considered free of
rinderpest and FMD, and from the list
of regions in § 94.11 that are considered
free of rinderpest and FMD but from
which the importation of meat and other
animal products of ruminants and swine
into the United States is subject to
additional restrictions.
Since publication of the interim rule,
the outbreaks have been eradicated and
the United Kingdom has maintained the
policies and infrastructure necessary to
detect, respond to, and eliminate any
recurrence of FMD. As a result, APHIS
has concluded that the risk of
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introducing FMD into the United States
with the resumption of importation
from Surrey County of ruminants and
swine and the fresh meat and other
animal products of ruminants and swine
is low.
With this rule, U.S. entities will be
able to import from Surrey County any
ruminant or swine or any fresh (chilled
or frozen) meat or other product of any
ruminant or swine, subject to the
restrictions in § 94.11 and any
regulatory restrictions that may apply
concerning other animal diseases.
U.S. Imports of Affected Products From
the United Kingdom 3
For the 3 years 2005 to 2007, the
United States imported 2.2, 1.4, and 1.5
million kilograms of fresh or frozen pork
products from the United Kingdom.
These imports were valued at $10.8,
$7.3, and $7.3 million, respectively.
Over the same period, the United States
imported 6.2, 5.7, and 5.8 million
kilograms of dairy products from the
United Kingdom, valued at $37.7, $41.9,
and $45.9 million, respectively. These
annual quantities and values indicate
that the prohibition on imports of
ruminant and swine products from
Surrey County, England, during the
latter part of 2007 (following the FMD
outbreak) did not appear to affect U.S.
imports of pork or dairy products from
the United Kingdom. Pork and pork
products imported from the United
Kingdom represent less than 2 percent
of total U.S. pork and pork products
imports, and the dairy product imports
from the United Kingdom represent less
than 3 percent of total U.S. dairy
product imports. Other ruminant and
swine products imported by the United
States from the United Kingdom include
wool, wool grease, hides, bovine semen,
fertilizers, and animal hair.
Entities potentially affected by this
final rule are importers and producers of
animals and animal products. The
majority of such enterprises are small
entities, as defined by the Small
Business Administration. For most
categories of wholesale trade, the smallentity standard is not more than 100
employees. For most categories of
animal production, the small-entity
standard is not more than $750,000 in
annual receipts.
Most businesses that could be affected
by this rule are small. However, we
expect the effects will be insignificant.
As indicated above, U.S. imports of
swine and dairy products from the
United Kingdom comprise a small share
of total U.S. imports of these products.
3 Source: U.S. Department of Commerce, Bureau
of the Census, as reported in the Global Trade Atlas.
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Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Rules and Regulations
Moreover, it is likely that Surrey County
is the origin of only a negligible share
of the United Kingdom’s exports of
ruminant and swine products to the
United States, given the relatively small
size of that county’s ruminant and
swine inventories. As reported by the
United Kingdom’s Department for
Environment, Food, and Rural Affairs,
only 0.6 percent of England’s cattle, 0.2
percent of its swine, 0.4 percent of its
sheep, and 1.4 percent of its goats were
located in Surrey County in June 2007.4
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.
Accordingly, the interim rule
amending 9 CFR part 94 that was
published at 73 FR 5424–5426 on
January 30, 2008, is adopted as a final
rule with the following changes:
■
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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 removing the words
‘‘(except for Surrey County, England)’’.
■
[Amended]
3. In § 94.11, paragraph (a) is amended
by removing the words ‘‘(except for
Surrey County, England)’’.
■
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
This rule restores Surrey County,
England, to the list of regions of the
world that are considered free of
rinderpest and FMD, and to the list of
regions of the world considered free of
rinderpest and FMD but subject to
additional importation restrictions
because of those regions’ proximity to or
trading relationships with FMD-affected
regions. We have determined that
approximately 2 weeks are needed to
ensure that APHIS and the Department
of Homeland Security, Bureau of
Customs and Border Protection,
personnel at ports of entry receive
official notice of this change in the
regulations. Therefore, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this rule should be
effective 15 days after publication in the
Federal Register.
4 Department for Environment, Food, and Rural
Affairs (DEFRA), UK. June 2007 Agricultural and
Horticultural Survey—England. https://
www.defra.gov.uk/esg/work_htm/publications/cs/
farmstats_web/2_SURVEY_DATA_SEARCH/
COMPLETE_DATASETS/PSM/RegCountUA_07.xls.
19:28 Dec 23, 2008
1. The authority citation for part 94
continues to read as follows:
■
§ 94.11
Effective Date
VerDate Aug<31>2005
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
Jkt 217001
Done in Washington, DC, this 16th day of
December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–30724 Filed 12–23–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0975; Directorate
Identifier 2008–NE–29–AD; Amendment 39–
15772; AD 2008–26–06]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Corporation (RRC) AE 3007A Series
Turbofan Engines
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: The FAA is superseding
emergency airworthiness directive (AD)
2008–19–51 that we sent previously to
all known U.S. owners and operators of
RRC AE 3007A series turbofan engines.
That AD requires performing initial and
repetitive eddy current inspections
(ECIs) on the high-pressure turbine
(HPT) stage 2 wheel for cracks. This AD
continues to require those same
inspections, but revises the compliance
schedule for the initial inspection and
specifies the affected HPT stage 2
wheels by part number (P/N). This AD
results from reports of cracked HPT
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78927
stage 2 wheels. We are issuing this AD
to detect cracks in the HPT stage 2
wheel, which could result in a possible
uncontained failure of the HPT stage 2
wheel and damage to the airplane.
DATES: Effective January 8, 2009.
We must receive any comments on
this AD by February 23, 2009.
ADDRESSES: Use one of the following
addresses to comment on this AD.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: Deliver to mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
Contact Rolls-Royce Corporation, P.O.
Box 420, Speed Code U15, Indianapolis,
IN 46206–0420, e-mail:
indy.pubs.services@rolls-royce.com, for
the service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Kyri
Zaroyiannis, Aerospace Engineer,
Chicago Aircraft Certification Office,
Small Airplane Directorate, FAA, 2300
E. Devon Ave., Des Plaines, IL 60018; email: kyri.zaroyiannis@faa.gov;
telephone (847) 294–7836; fax (847)
294–7834.
SUPPLEMENTARY INFORMATION: On
September 8, 2008, we issued
emergency AD 2008–19–51, that applies
to RRC AE 3007A series turbofan
engines. That AD requires performing
initial and repetitive ECIs on HPT stage
2 wheels that have accumulated 6,500
or more cycles-since-new (CSN). That
AD resulted from reports of HPT stage
2 wheels that had cracks in the bores of
the wheels. This condition, if not
corrected, could result in a possible
uncontained failure of the HPT stage 2
wheel, which could cause damage to the
airplane.
Actions Since AD 2008–19–51 Was
Issued
Since we issued that AD, we have
determined that the cracks in the HPT
stage 2 wheel bores are caused by a
thermally-induced high stress in the
disk bore which was not identified at
the time of the original certification. We
performed a new risk assessment for
cracking in the bore of the HPT stage 2
wheel using the FAA methodology
guidelines in FAA Advisory Circular
39.8 and the results of the inspections
from AD 2008–19–51. The risk
E:\FR\FM\24DER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78925-78927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30724]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2007-0124]
Change in Disease Status of Surrey County, England, Because of
Foot-and-Mouth Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations governing the importation of
certain animals, meat, and other animal products into the United States
by restoring Surrey County, England, to the list of regions of the
world that are considered free of rinderpest and foot-and-mouth disease
(FMD), and to the list of regions of the world considered free of
rinderpest and FMD but subject to additional importation restrictions
because of those regions' proximity to or trading relationships with
FMD-affected regions. This final rule follows an interim rule that
removed Surrey County, England, from those lists due to the detection
of FMD in that region. Based on the results of a risk analysis
concerning the FMD disease status of Surrey County, England, we have
determined that Surrey County, England, can be added to the list of
regions considered free of FMD. This rule relieves certain FMD-related
prohibitions and restrictions on the importation of ruminants and swine
and the fresh meat and other animal products of ruminants and swine
into the United States from Surrey County, England.
DATES: Effective Date: January 8, 2009.
FOR FURTHER INFORMATION CONTACT: Dr. Chip Wells, Senior Staff
Veterinarian, Regionalization Evaluation Services Import Staff,
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 animal diseases, including rinderpest and foot-and-mouth
disease (FMD). FMD is a severe and highly contagious viral infection
affecting all cloven-hoofed animals, including cattle, deer, goats,
sheep, swine, and other animals. Section 94.1 of the regulations lists
regions of the world that are considered free of rinderpest and FMD.
Section 94.11 lists regions of the world that the Animal and Plant
Health Inspection Service (APHIS) has determined to be free of
rinderpest and FMD but from which the importation of meat and other
animal products into the United States is subject to additional
restrictions because of those regions' proximity to or trading
relationships with FMD-affected regions.
In an interim rule \1\ effective and published in the Federal
Register on January 30, 2008 (73 FR 5424-5426, Docket No. APHIS-2007-
0124), we amended the regulations in Sec. 94.1 to remove Surrey
County, England, from the list of regions that are considered free of
rinderpest and FMD. We also amended the regulations in Sec. 94.11 to
remove Surrey County, England, from the list of regions considered free
of rinderpest and FMD but from which the importation of meat and other
animal products of ruminants and swine into the United States is
subject to additional restrictions. That action was necessary because,
by September 30, 2007, a total of eight outbreaks of FMD in Surrey
County, England, had been reported to the World Organization for Animal
Health (OIE). As a result of the interim
[[Page 78926]]
rule, the importation of ruminants and swine and the fresh meat and
other animal products of ruminants and swine from Surrey County,
England, was restricted.
---------------------------------------------------------------------------
\1\ To view the interim rule and the comment we received, go to
https://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124.
---------------------------------------------------------------------------
Although we removed Surrey County, England, from the list of
regions that are considered free of rinderpest and FMD we recognized
that: (1) FMD was not known to exist in the United Kingdom outside of
Surrey County, England; (2) the United Kingdom maintained strict
control over the importation and movement of animals and animal
products from regions of higher risk and established barriers to the
spread of FMD from Surrey County, England; (3) the United Kingdom
maintained a surveillance system capable of detecting FMD should the
disease have been introduced into other regions of the country; and (4)
the United Kingdom has the laws, policies, and infrastructure to
detect, respond to, and eliminate any occurrence of FMD. We stated that
we intended to reassess the situation in accordance with the standards
of the OIE, and that as part of the reassessment process, we would
consider all comments received regarding the interim rule.
We solicited comments on the interim rule for 60 days ending March
31, 2008. The only comment we received directed our attention to a
press release from a governmental agency of the United Kingdom which
announced that the OIE had restored the FMD-free status of the United
Kingdom as of February 19, 2008.
On May 23, 2008, we published a notice \2\ in the Federal Register
(73 FR 30002-30003, Docket No. APHIS-2007-0124) in which we advised the
public of the availability of a risk analysis that had been prepared by
APHIS concerning the FMD status of Surrey County, England, and the
related disease risks associated with importing ruminants and swine and
the fresh meat and other animal products of ruminants and swine from
Surrey County, England. The risk analysis, entitled ``APHIS Risk
Analysis on Importation of Foot and Mouth Disease (FMD) Virus from
Surrey County, England, in the United Kingdom,'' examined the events
that occurred during and after the outbreaks and assessed the risk
associated with the resumption of imports of ruminants and swine and
the fresh meat and other animal products of ruminants and swine from
Surrey County, England. In the risk analysis, APHIS concluded that the
risk of introducing FMD into the United States as a result of the
resumption of imports of ruminants and swine and the fresh meat and
other animal products of ruminants and swine from Surrey County,
England, is low.
---------------------------------------------------------------------------
\2\ To view the risk analysis document and the comments we
received, go to https://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124.
---------------------------------------------------------------------------
We solicited comments concerning the risk analysis for 60 days
ending July 22, 2008. We received three comments by that date. The
comments were from private citizens who opposed relieving restrictions
on Surrey County, England. None of the commenters offered any data or
substantive information to support their objections, however.
Therefore, based on the conclusions of our risk analysis and for
the reasons given in this document, we are amending the regulations by
restoring Surrey County, England, to the list of regions of the world
that are considered free of rinderpest and FMD, and to the list of
regions of the world considered free of rinderpest and FMD but subject
to additional importation restrictions because of those regions'
proximity to or trading relationships with FMD-affected regions.
This final rule 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 its review under Executive Order
12866.
Regulatory Flexibility Act
The following analysis addresses the economic effects of this rule
on small entities, as required by the Regulatory Flexibility Act.
FMD is a contagious viral disease of ruminants, swine, and other
cloven-hoofed animals. In August 2007, FMD was confirmed in Surrey
County, England, and by the end of September 2007, a total of eight
outbreaks had been reported to the World Organization for Animal Health
(OIE). In an interim rule published January 30, 2008, APHIS amended the
regulations by removing Surrey County from the list of regions in Sec.
94.1 that are considered free of rinderpest and FMD, and from the list
of regions in Sec. 94.11 that are considered free of rinderpest and
FMD but from which the importation of meat and other animal products of
ruminants and swine into the United States is subject to additional
restrictions.
Since publication of the interim rule, the outbreaks have been
eradicated and the United Kingdom has maintained the policies and
infrastructure necessary to detect, respond to, and eliminate any
recurrence of FMD. As a result, APHIS has concluded that the risk of
introducing FMD into the United States with the resumption of
importation from Surrey County of ruminants and swine and the fresh
meat and other animal products of ruminants and swine is low.
With this rule, U.S. entities will be able to import from Surrey
County any ruminant or swine or any fresh (chilled or frozen) meat or
other product of any ruminant or swine, subject to the restrictions in
Sec. 94.11 and any regulatory restrictions that may apply concerning
other animal diseases.
U.S. Imports of Affected Products From the United Kingdom \3\
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\3\ Source: U.S. Department of Commerce, Bureau of the Census,
as reported in the Global Trade Atlas.
---------------------------------------------------------------------------
For the 3 years 2005 to 2007, the United States imported 2.2, 1.4,
and 1.5 million kilograms of fresh or frozen pork products from the
United Kingdom. These imports were valued at $10.8, $7.3, and $7.3
million, respectively. Over the same period, the United States imported
6.2, 5.7, and 5.8 million kilograms of dairy products from the United
Kingdom, valued at $37.7, $41.9, and $45.9 million, respectively. These
annual quantities and values indicate that the prohibition on imports
of ruminant and swine products from Surrey County, England, during the
latter part of 2007 (following the FMD outbreak) did not appear to
affect U.S. imports of pork or dairy products from the United Kingdom.
Pork and pork products imported from the United Kingdom represent less
than 2 percent of total U.S. pork and pork products imports, and the
dairy product imports from the United Kingdom represent less than 3
percent of total U.S. dairy product imports. Other ruminant and swine
products imported by the United States from the United Kingdom include
wool, wool grease, hides, bovine semen, fertilizers, and animal hair.
Entities potentially affected by this final rule are importers and
producers of animals and animal products. The majority of such
enterprises are small entities, as defined by the Small Business
Administration. For most categories of wholesale trade, the small-
entity standard is not more than 100 employees. For most categories of
animal production, the small-entity standard is not more than $750,000
in annual receipts.
Most businesses that could be affected by this rule are small.
However, we expect the effects will be insignificant. As indicated
above, U.S. imports of swine and dairy products from the United Kingdom
comprise a small share of total U.S. imports of these products.
[[Page 78927]]
Moreover, it is likely that Surrey County is the origin of only a
negligible share of the United Kingdom's exports of ruminant and swine
products to the United States, given the relatively small size of that
county's ruminant and swine inventories. As reported by the United
Kingdom's Department for Environment, Food, and Rural Affairs, only 0.6
percent of England's cattle, 0.2 percent of its swine, 0.4 percent of
its sheep, and 1.4 percent of its goats were located in Surrey County
in June 2007.\4\
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\4\ Department for Environment, Food, and Rural Affairs (DEFRA),
UK. June 2007 Agricultural and Horticultural Survey--England. http:/
/www.defra.gov.uk/esg/work_htm/publications/cs/farmstats_web/2_
SURVEY_DATA_SEARCH/COMPLETE_DATASETS/PSM/RegCountUA_07.xls.
---------------------------------------------------------------------------
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.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. This rule restores
Surrey County, England, to the list of regions of the world that are
considered free of rinderpest and FMD, and to the list of regions of
the world considered free of rinderpest and FMD but subject to
additional importation restrictions because of those regions' proximity
to or trading relationships with FMD-affected regions. We have
determined that approximately 2 weeks are needed to ensure that APHIS
and the Department of Homeland Security, Bureau of Customs and Border
Protection, personnel at ports of entry receive official notice of this
change in the regulations. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective 15 days after publication in the Federal Register.
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.
0
Accordingly, the interim rule amending 9 CFR part 94 that was published
at 73 FR 5424-5426 on January 30, 2008, is adopted as a final rule with
the following changes:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
0
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.
Sec. 94.1 [Amended]
0
2. In Sec. 94.1, paragraph (a)(2) is amended by removing the words
``(except for Surrey County, England)''.
Sec. 94.11 [Amended]
0
3. In Sec. 94.11, paragraph (a) is amended by removing the words
``(except for Surrey County, England)''.
Done in Washington, DC, this 16th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-30724 Filed 12-23-08; 8:45 am]
BILLING CODE 3410-34-P
