[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Page 66533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27812]
[[Page 66533]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 02-072-2]
Change in Disease Status of Israel Because of BSE
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the regulations by adding Israel to the list of
regions where bovine spongiform encephalopathy exists because the
disease had been detected in a native-born animal in that region. The
effect of the interim rule was a restriction on the importation of
ruminants, meat, meat products, and certain other products of ruminants
that had been in Israel. The interim rule was necessary to help prevent
the introduction of bovine spongiform encephalopathy into the United
States.
EFFECTIVE DATE: The interim rule became effective on June 4, 2002.
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).
In an interim rule effective June 4, 2002, and published in the
Federal Register on July 18, 2002 (67 FR 47243-47244, Docket No. 02-
072-1), we amended the regulations in Sec. 94.18 (a)(1) by adding
Israel to the list of regions where BSE exists due to the detection of
BSE in a native-born animal in that region.
Comments on the interim rule were required to be received on or
before September 16, 2002. We did not receive any comments. Therefore,
for the reasons given in the interim rule, we are adopting the interim
rule as a final rule.
This action 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
This action affirms an interim rule that amended the regulations by
adding Israel to the list of regions where BSE exists. The effect of
the interim rule was a restriction on the importation of ruminants,
meat, meat products, and certain other products of ruminants that had
been in Israel. The interim rule was necessary to help prevent the
introduction of BSE into the United States.
The following analysis addresses the economic effects of the
interim rule on small entities, as required by the Regulatory
Flexibility Act.
The interim rule's restrictions on the importation of ruminants and
ruminant products and byproducts from Israel are not expected to have a
significant impact on a substantial number of small entities due to the
fact that the restricted items are either not imported from Israel or
are imported in very small amounts. There are three categories of
imports that may be affected, but Israel's share of U.S. imports is
small in each case.
The first category of affected imported commodities is ``Meat and
edible meat offal, salted in brine, dried or smoked; edible flours and
meals of meat or meat offal.'' Average total yearly imports of these
products by the United States over the 3-year period 1999-2001 were
valued at $24.6 million. Imports from Israel in 1999 were valued at
$26,000. No imports of these products from Israel were reported for
2000 or 2001.
The second category of affected commodities is ``Preparations of a
kind used in animal feeding.'' Average total yearly imports of these
products, 1999-2001, were valued at $93.5 million. Imports from Israel
had an average yearly value over this period of about $76,000.
The final category of affected commodities is ``Other prepared or
preserved meat, meat offal or blood.'' Average yearly imports of these
products, 1999-2001, were valued at $101.2 million. Imports from Israel
had an average yearly value over this period of about $2.7 million.
It is apparent that Israel is a minor supplier to the United States
of the ruminant products and byproducts affected by the BSE-related
restrictions resulting from the interim rule. Therefore, we do not
expect that the interim rule's restrictions on ruminants and ruminant
products and byproducts from Israel will substantially affect any U.S.
importers, large or small, of those commodities.
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.
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
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 9 CFR part 94 and that was published at 67 FR
47243-47244 on July 18, 2002.
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.
Done in Washington, DC, this 28th day of October, 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-27812 Filed 10-31-02; 8:45 am]
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