[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Rules and Regulations]
[Pages 22425-22426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11247]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and
Regulations
[[Page 22425]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-008-1]
Change in Disease Status of Germany, Italy, and Spain Because of
BSE
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 adding Germany, Italy, and
Spain to the list of regions where bovine spongiform encephalopathy
exists because the disease has been detected in native-born animals in
those regions. Germany, Italy, and Spain are currently listed among the
regions that present an undue risk of introducing bovine spongiform
encephalopathy into the United States. Therefore, the effect of this
action is a continued restriction on the importation of ruminants that
have been in Germany, Italy, or Spain and meat, meat products, and
certain other products of ruminants that have been in Germany, Italy,
or Spain. This action is necessary in order to update the disease
status of Germany, Italy, and Spain regarding bovine spongiform
encephalopathy.
DATES: This interim rule was effective April 30, 2001. We invite you to
comment on this docket. We will consider all comments that we receive
by July 3, 2001.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 01-008-1, 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. 01-008-1.
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. Donna Malloy, National Center for
Import and Export, Products Program, VS, APHIS, 4700 River Road Unit
40, Riverdale, MD 20737-1231; (301) 734-3277.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 93, 94, 95, and 96 (referred to
below as the regulations) govern the importation of certain animals,
birds, poultry, meat, other animal products and byproducts, hay, and
straw into the United States in order to prevent the introduction of
various animal diseases, including bovine spongiform encephalopathy
(BSE).
BSE is a neurological disease of bovine animals and other ruminants
and is not known to exist in the United States.
It appears that BSE is primarily spread through the use of ruminant
feed containing protein and other products from ruminants infected with
BSE. Therefore, BSE could become established in the United States if
materials carrying the BSE agent, such as certain meat, animal
products, and animal byproducts from ruminants that have been in
regions in which BSE exists or in which there is an undue risk of
introducing BSE into the United States, are imported into the United
States and are fed to ruminants in the United States. BSE could also
become established in the United States if ruminants from regions in
which BSE exists, or in which there is an undue risk of introducing BSE
into the United States, are imported into the United States.
Sections 94.18, 95.4, and 96.2 of the regulations prohibit or
restrict the importation of certain meat and other animal products and
byproducts from ruminants that have been in regions in which BSE exists
or in which there is an undue risk of introducing BSE into the United
States. In Sec. 94.18, paragraph (a)(1) lists the regions in which BSE
exists. Paragraph (a)(2) lists the regions that present an undue risk
of introducing BSE into the United States because their import
requirements are less restrictive than those that would be acceptable
for import into the United States and/or because the regions have
inadequate surveillance. In Sec. 94.18, paragraph (b) prohibits the
importation of fresh, frozen, and chilled meat, meat products, and most
other edible products of ruminants that have been in any region listed
in paragraphs (a)(1) or (a)(2). Paragraph (c) restricts the importation
of gelatin derived from ruminants that have been in any of these
regions. Section 95.4 prohibits or restricts the importation of certain
byproducts from ruminants that have been in any of those regions, and
Sec. 96.2 prohibits the importation of casings, except stomach casings,
from ruminants that have been in any of these regions. Additionally,
the regulations in 9 CFR part 93 pertaining to the importation of live
animals provide that APHIS may deny the importation of ruminants from
regions where a communicable disease such as BSE exists and from
regions that present risks of introducing communicable diseases into
the United States (see Sec. 93.404(a)(3)).
Currently, Germany, Italy, and Spain are among the regions listed
in Sec. 94.18(a)(2), which are regions that present an undue risk of
introducing BSE into the United States. However, on November 26, 2000,
a case of BSE was confirmed in a native-born animal in Germany; on
January 12, 2001, a case of BSE was confirmed in a native-born animal
in Italy; and on November 22, 2000, a case of BSE was confirmed in a
native-born animal in Spain. Therefore, in order to update the disease
status of these three regions regarding BSE, we are amending the
regulations by removing Germany, Italy, and Spain from the list in
Sec. 94.18(a)(2) of regions that present an undue risk of
[[Page 22426]]
introducing BSE into the United States and adding Germany, Italy, and
Spain to the list in Sec. 94.18(a)(1) of regions where BSE is known to
exist. The effect of this action is a continued restriction on the
importation of ruminants that have been in Germany, Italy, or Spain and
on the importation of meat, meat products, and certain other products
and byproducts of ruminants that have been in Germany, Italy, and
Spain.
Emergency Action
This rulemaking is necessary on an emergency basis to update the
disease status of Germany, Italy, and Spain regarding BSE. 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
that 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 under Executive Order 12866.
We are amending the regulations by adding Germany, Italy, and Spain
to the list of regions where BSE exists because the disease has been
detected in native-born animals in those regions. Germany, Italy, and
Spain are currently listed among the regions that present an undue risk
of introducing BSE into the United States. Regardless of which of the
two lists a region is on, the same restrictions apply to the
importation of ruminants and meat, meat products, and most other
products and byproducts of ruminants that have been in the region.
Therefore, this action, which is necessary in order to update the
disease status of Germany, Italy, and Spain regarding BSE, will not
result in any change in the restrictions that apply to the importation
of ruminants and meat, meat products, and certain other products and
byproducts of ruminants that have been in Germany, Italy, or Spain.
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.
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 no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no 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:
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. 94.18 [Amended]
2. Section 94.18 is amended as follows:
a. In paragraph (a)(1), by adding, in alphabetical order, the words
``Germany,'', ``Italy,'', and ``Spain,''.
b. In paragraph (a)(2), by removing the words ``Germany,'',
``Italy,'', and ``Spain,''.
Done in Washington, DC, this 30th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-11247 Filed 5-3-01; 8:45 am]
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