[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22850]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 94-083-1]

 

Change in Disease Status of Portugal 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 our regulations by adding Portugal to the list 
of countries where bovine spongiform encephalopathy (BSE) exists, 
because the disease has been detected in native cattle in that country. 
The effect of this action is to prohibit or restrict the importation of 
certain fresh, chilled, and frozen meat, and certain other animal 
products and animal byproducts from ruminants which have been in 
Portugal. This action is necessary to reduce the risk that BSE could be 
introduced into the United States.

DATES: Interim rule effective September 9, 1994. Consideration will be 
given only to comments received on or before November 14, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 94-083-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Kathleen Akin, Senior Staff 
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 755, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7830.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 94 and 95 (referred to below as the 
regulations) govern the importation of meat, animal products, animal 
byproducts, hay, and straw into the United States in order to prevent 
the introduction of various animal diseases, including bovine 
spongiform encephalopathy (BSE).
    Bovine spongiform encephalopathy is a neurological disease of 
bovine animals and other ruminants. BSE is not known to exist in the 
United States.
    The major means of spread of BSE appears to be 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 in 
countries in which BSE exists, are imported into the United States and 
are fed to ruminants in the United States.
    Sections 94.18 and 95.4 of the regulations prohibit and restrict 
the importation of certain meat, animal products, and animal byproducts 
from ruminants which have been in countries in which BSE exists. These 
countries are listed in Sec. 94.18 of the regulations.
    In an interim rule effective on December 7, 1993, and published in 
the Federal Register on December 13, 1993 (58 FR 65103-65104, Docket 
No. 93-149-1), we amended the regulations by adding Portugal to the 
list of countries where BSE exists after the disease was detected in 
cattle in Portugal. In a final rule effective on May 27, 1994, and 
published in the Federal Register on May 12, 1994 (59 FR 24637-24638, 
Docket No. 93-149-2), we amended the regulations by removing Portugal 
from the list of countries where BSE exists after epidemiological 
investigations revealed that the cattle in which the disease was 
detected had been imported into Portugal from Great Britain, and that 
all suspect animals were destroyed. Since February 1990, the Portuguese 
government has prohibited the importation of live cattle and all animal 
products and animal byproducts from Great Britain, Northern Ireland, 
and the Republic of Ireland. Additionally, all livestock in Portugal, 
both domestic and imported, are subject to official supervision and 
veterinary controls established at the national level.
    Recently, Portuguese government veterinarians with the National 
Veterinary Laboratory in Lisbon reported to the Office of International 
Epizootics that BSE has been detected in cattle born in Portugal. A 
limited number of cases of BSE were confirmed by histopathological 
examination according to standardized procedures for the diagnosis of 
BSE. Portuguese government veterinarians confirmed the cases of BSE in 
native cattle born in Portugal. The exposure of these cattle to the BSE 
agent could only have been while in Portugal. In order to reduce the 
risk of introducing BSE into the United States, we are, therefore, 
adding Portugal to the list of countries where BSE is known to exist. 
Thus, we are prohibiting or restricting the importation of certain 
fresh, chilled, and frozen meat, and certain other animal products and 
animal byproducts from ruminants which have been in Portugal.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment.
    BSE is a serious animal disease that has caused great loss to the 
cattle industry of Great Britain, and the introduction of this disease 
into the United States would cause great harm to the U.S. cattle 
industry. BSE has been diagnosed in cattle in Portugal. The 
restrictions contained in this interim rule must be implemented 
immediately to reduce the risk that BSE could be introduced into the 
United States through importation of certain meat, animal products, and 
animal byproducts from ruminants that have been in Portugal.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this interim rule in the Federal 
Register. After the comment period closes, we will publish another 
document in the Federal Register. It will include 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 interim rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    As an alternative to the provisions of this rule, we considered 
taking no action. This alternative was rejected because it would allow 
meat, animal products, and animal byproducts that might spread BSE to 
be imported into the United States. Placing Portugal on the list of 
countries in which BSE is known to exist restricts the importation of 
some animal products and prohibits the importation of others. 
Currently, natural non-stomach bovine casings are the only commodity 
imported from Portugal in quantities sufficient to cause any economic 
impact.
    During FY 1992/93, according to the Economic Research Service, U.S. 
Department of Agriculture, 14,846 metric tons of animal casings were 
imported by the United States, of which 82 percent came from hogs. 
Portugal exported 229 metric tons of casings to the United States 
during this period, or only 1.5 percent of the total imported. In the 
opinion of the animal casings industry, a very small proportion of the 
animal casings imported from Portugal are bovine; most come from hogs 
and sheep. This rule will not affect the importation of hog and sheep 
casings from Portugal. Therefore, this rule change will not have a 
significant impact on U.S. entities.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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 1980 
(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, 9 CFR part 94 is amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC 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. 147a, 150ee, 161, 162, and 450; 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, 4332; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 94.18  [Amended]

    2. In Sec. 94.18, paragraph (a) is amended by adding ``Portugal,'' 
immediately after ``Oman,''.

    Done in Washington, DC, this 9th day of September 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-22850 Filed 9-14-94; 8:45 am]
BILLING CODE 3410-34-P