[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Rules and Regulations]
[Pages 47243-47244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18160]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 67, No. 138 / Thursday, July 18, 2002 / Rules
and Regulations
[[Page 47243]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 02-072-1]
Change in Disease Status of Israel Because of Bovine Spongiform
Encephalopathy
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 Israel to the list
of regions where bovine spongiform encephalopathy (BSE) exists because
the disease has been detected in a native-born animal in that region.
The effect of this action is a restriction on the importation of
ruminants that have been in Israel and meat, meat products, and certain
other products of ruminants that have been in Israel. This action is
necessary to help prevent the introduction of bovine spongiform
encephalopathy into the United States.
DATES: This rule is effective retroactively to June 4, 2002. We will
consider all comments that we receive on or before September 16, 2002.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-072-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-072-1. If you use e-mail,
address your comment to [email protected]. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-072-1'' on the subject line.
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, Sanitary Trade Issues Team, 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 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. Paragraph (a)(1) of Sec. 94.18 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 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 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)).
On May 28, 2002, Israel reported a suspected case of BSE in a
native-born animal, and on June 4, 2002, Israel confirmed that
diagnosis in a report to the Office International des Epizooties.
Therefore, in order to prevent the introduction of BSE into the United
States, we are amending Sec. 94.18(a)(1) by adding Israel to the list
of regions where BSE is known to exist. The effect of this action is a
restriction on the importation of ruminants that have been in Israel
and on the importation of meat, meat products, and certain other
products and byproducts of ruminants that have been in Israel. We are
making this amendment effective retroactively to June 4, 2002, which is
the date that BSE was confirmed in a native-born animal in that region.
In this rule, we are also updating the authority citation for 9 CFR
part 94 to reflect the enactment of the Animal Health Protection Act (7
U.S.C. 8301 et seq.).
[[Page 47244]]
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 we receive during the comment period for
this interim rule(see DATES above). 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 under
Executive Order 12866.
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a final regulatory
flexibility analysis.
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 June 4, 2002; 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 is revised to read as
follows:
Authority: 7 U.S.C. 450, 7711-7714, 7751, 7754, 8303, 8306,
8308, 8310, 8311, and 8315; 21 U.S.C. 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. In Sec. 94.18, paragraph (a)(1) is amended by adding, in
alphabetical order, the word ``Israel,''.
Done in Washington, DC, this 12th day of July, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-18160 Filed 7-17-02; 8:45 am]
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