[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Rules and Regulations]
[Pages 29899-29900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13913]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-029-1]


Change in Disease Status of the Republic of San Marino and the 
Independent Principalities of Andorra and Monaco

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 the Republic of San 
Marino and the independent principalities of Andorra and Monaco to the 
list of regions that present an undue risk of introducing bovine 
spongiform encephalopathy into the United States because their import 
requirements are less restrictive than those required for import into 
the United States and/or because of inadequate surveillance. The effect 
of this action is a restriction on the importation of ruminants that 
have been in Andorra, Monaco, or San Marino and meat, meat products, 
and certain other products of ruminants that have been in Andorra, 
Monaco, or San Marino. This action is necessary in order to prevent the 
introduction of bovine spongiform encephalopathy into the United 
States.

DATES: This interim rule was effective May 29, 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. 01-029-1, 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. 01-029-1.
    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, Senior Staff 
Veterinarian, 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 cattle 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, 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 with BSE 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. Paragraph (b) of Sec. 94.18 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) of Sec. 94.18 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 these 
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 the Animal and Plant Health 
Inspection Service 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)).
    The Republic of San Marino and the independent principalities of 
Andorra and Monaco supplement their food supplies with animals and 
animal products from their neighboring countries. The presence of BSE 
has been confirmed in both France, which borders Andorra and Monaco, 
and Italy, which borders San Marino. Andorra also borders Spain, which 
is listed at 94.18(a)(2) as a region that presents an undue risk of 
introducing BSE into the United States. Additionally, Andorra,

[[Page 29900]]

Monaco, and San Marino rely on the veterinary infrastructures of their 
neighboring countries and cannot, themselves, provide adequate 
surveillance.
    Therefore, in order to prevent the introduction of BSE into the 
United States, we are amending the regulations by adding Andorra, 
Monaco, and San Marino to the list in Sec. 94.18(a)(2) of regions that 
present an undue risk of introducing BSE into the United States because 
their import requirements are less restrictive than those required for 
import into the United States and/or because of inadequate surveillance 
to detect the presence of BSE. The effect of this action is a 
restriction on the importation of ruminants that have been in Andorra, 
Monaco, or San Marino and on the importation of meat, meat products, 
and certain other products and byproducts of ruminants that have been 
in Andorra, Monaco, or San Marino.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
introduction of BSE 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 
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 the Republic of San 
Marino and the independent principalities of Andorra and Monaco to the 
list of regions that present an undue risk of introducing BSE into the 
United States because their import requirements are less restrictive 
than those required for import into the United States and/or because of 
inadequate surveillance to detect the presence of BSE. Therefore, the 
effect of this action is a restriction on the importation of ruminants 
that have been in Andorra, Monaco, or San Marino and meat, meat 
products, and certain other products of ruminants that have been in 
Andorra, Monaco, or San Marino. This action is necessary in order to 
prevent the introduction of BSE into the United States.
    There is no history of importations of live animals or of animal 
products into the United States from Andorra, Monaco, or San Marino. 
Therefore, no economic effect on U.S. entities, small or otherwise, is 
expected to occur as a result of this interim rule.
    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. Paragraph (a)(2) of Sec. 94.18 is amended by adding, in 
alphabetical order, the words ``Andorra,'', ``Monaco,'', and ``San 
Marino,''.

    Done in Washington, DC, this 29th day of May 2001.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-13913 Filed 6-1-01; 8:45 am]
BILLING CODE 3410-34-P