[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 65999-66001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32811]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-118-1]


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

DATES: Interim rule effective December 2, 1997. Consideration will be 
given only to comments received on or before February 17, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-118-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

[[Page 66000]]

Please state that your comments refer to Docket No. 97-118-1. 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 93, 94, and 95 (referred to below as 
the regulations) govern the importation of certain animals, birds, 
poultry, 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 regions in which BSE 
exists, 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 from regions in which BSE exists are imported.
    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 regions in which BSE exists. These 
regions are listed in Sec. 94.18 of the regulations. Furthermore, 
Sec. 93.404(a)(3) states that the Animal and Plant Health Inspection 
Service may deny the importation of ruminants from regions where a 
communicable disease such as BSE exists.
    Luxembourg's Ministry of Agriculture has reported a case of BSE in 
Luxembourg. BSE was confirmed by histopathological examination 
according to standardized procedures for the diagnosis of BSE. 
Luxembourg's Ministry of Agriculture confirmed that BSE was in a cow 
born in Luxembourg. The exposure of this animal to the BSE agent could 
only have occurred in Luxembourg. In order to reduce the risk of 
introducing BSE into the United States, we are, therefore, adding 
Luxembourg to the list of regions where BSE is known to exist. Thus, we 
are prohibiting or restricting the importation into the United States 
of ruminants which have been in Luxembourg, and certain fresh (chilled 
or frozen) meat, and certain other animal products and animal 
byproducts from ruminants which have been in Luxembourg.
    We are making this action effective retroactively to December 2, 
1997, as that was the day on which the case of BSE was reported by 
Luxembourg's Ministry of Agriculture. This effective date is necessary 
to ensure that the prohibitions and restrictions established by this 
rule apply to ruminants, as well as fresh (chilled or frozen) meat, and 
certain other animal products and animal byproducts from ruminants that 
have been shipped to the United States from Luxembourg on or after 
October 31, 1997.

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 on December 2, 1997. 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 Luxembourg to the list of regions where BSE 
exists. We are taking this action based on reports we have received 
from Luxembourg's Ministry of Agriculture, which confirmed that a case 
of BSE has occurred in Luxembourg.
    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 retroactive 
effect to December 2, 1997; and (3) does not require administrative 
proceedings 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 word 
``Luxembourg,'' immediately after ``Great Britain,''.


[[Page 66001]]


    Done in Washington, DC, this 11th day of December 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-32811 Filed 12-16-97; 8:45 am]
BILLING CODE 3410-34-P