[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Rules and Regulations]
[Pages 18263-18264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9633]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules 
and Regulations  

[[Page 18263]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-034-1]


Change in Disease Status of The Netherlands 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 The Netherlands to 
the list of countries where bovine spongiform encephalopathy (BSE) 
exists because the disease has been detected in a cow 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 The 
Netherlands. This action is necessary to reduce the risk that BSE could 
be introduced into the United States.

DATES: Interim rule effective April 10, 1997. Consideration will be 
given only to comments received on or before June 16, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-034-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 97-034-1. 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. John Cougill, Staff Veterinarian, 
Animal Products Program, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-
3399; or e-mail: [email protected].

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).
    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 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.
    The Netherlands' Ministry of Agriculture has reported a case of BSE 
in The Netherlands. BSE was confirmed by histopathological examination 
according to standardized procedures for the diagnosis of BSE. The 
Netherlands' Ministry of Agriculture confirmed that BSE was in a cow 
born in The Netherlands. The exposure of this animal to the BSE agent 
could only have occurred in The Netherlands. In order to reduce the 
risk of introducing BSE into the United States, we are, therefore, 
adding The Netherlands to the list of countries where BSE is known to 
exist. Thus, we are prohibiting or restricting the importation into the 
United States of certain fresh, chilled, and frozen meat, and certain 
animal products and animal byproducts from ruminants which have been in 
The Netherlands.

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. Immediate action is 
necessary to prevent the introduction of BSE into the United States.
    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 this 
rule effective upon signature. 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. It 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 by Executive Order 12866.
    This action adds The Netherlands to the list of countries where BSE 
exists. We are taking this action based on reports we have received 
from The Netherlands' Ministry of Agriculture, which confirmed that a 
case of BSE has occurred in The Netherlands.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule will 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our 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 no 
retroactive effect; and (3) does not require administrative proceedings

[[Page 18264]]

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This 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, 9 CFR part 94 is amended 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. 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 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 94.18  [Amended]

    2. In Sec. 94.18, paragraph (a) is amended by adding the words 
``The Netherlands,'' immediately after ``Great Britain.''

    Done in Washington, DC, this 10th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-9633 Filed 4-14-97; 8:45 am]
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