[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 406-408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-266]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 94 and 96

[Docket No. 97-127-1]


Restrictions on the Importation of Ruminants, Meat and Meat 
Products From Ruminants, and Certain Other Ruminant Products

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 governing the importation into 
the United States of ruminants, meat and meat products from ruminants, 
and other ruminant products to restrict the importation of live 
ruminants, meat and meat products from ruminants, and certain other 
ruminant products from countries in which bovine spongiform 
encephalopathy (BSE) may exist. This action is necessary to ensure that 
animals and animal products affected with BSE are not imported into the 
United States.

DATES: Interim rule effective December 12, 1997. Consideration will be 
given only to comments received on or before March 9, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-127-1, 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. 97-127-1. 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. Julia Sturm, Supervisory Staff Veterinarian, Products Program, 
National Center for Import and Export, VS, APHIS, USDA Center, Unit 40, 
4700 River Road, Riverdale, MD 20737-1231, (301) 734-3399.


[[Page 407]]



SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 92, 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 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 and other animal 
products and byproducts from ruminants infected with BSE, 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 countries or other regions in which BSE exists are imported.
    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. These regions, which currently consist only of countries, are 
listed in Sec. 94.18 of the regulations. Furthermore, Sec. 93.404(a)(3) 
states that the Animal and Plant Health Inspection Service (APHIS) may 
deny the importation of ruminants from regions where a communicable 
disease such as BSE exists. The current regulations at Sec. 94.18(a) 
list the following countries as regions in which BSE exists: Belgium, 
France, Great Britain, Northern Ireland, the Republic of Ireland, 
Luxembourg, The Netherlands, Oman, Portugal, and Switzerland.
    We now consider it necessary to restrict the importation of 
ruminants, meat and meat products from ruminants, and certain ruminant 
products and byproducts not only from countries and other regions in 
which BSE is known to exist, but also from countries and other regions 
which, because of import requirements less restrictive than those that 
would be acceptable for import into the United States and/or because of 
inadequate surveillance, present a significant risk of introducing BSE. 
Specifically, we consider it necessary to apply these restrictions to 
all countries of Europe. In addition to the countries listed above, we 
are applying such restrictions to Albania, Austria, Bosnia-Herzegovina, 
Bulgaria, Croatia, the Czech Republic, Denmark, the Federal Republic of 
Yugoslavia, Finland, Germany, Greece, Hungary, Italy, the former 
Yugoslav Republic of Macedonia, Norway, Poland, Romania, the Slovak 
Republic, Slovenia, Spain, and Sweden.
    Additionally, in this rule, in the list of regions in which BSE 
exists, we are including Great Britain and Northern Ireland under 
``United Kingdom,'' which also encompass The Falklands.

Reasons for New Restrictions

    Our decision to establish the restrictions set forth in this 
interim rule is based on recent developments in Europe that lead us to 
believe that the BSE agent may be present, but as yet undetected, 
throughout Europe. The Netherlands, Belgium, and Luxembourg have 
recently reported their first cases of BSE in native-born cattle. 
Additionally, Belgium and Luxembourg have reported that cattle 
diagnosed with BSE were inadvertently processed into the animal food 
chain. Because of the movement of ruminants and ruminant products 
within Europe, the possibility exists that this potentially 
contaminated animal feed may have been moved from Belgium and 
Luxembourg to other European countries.
    We consider the risk posed by this potential movement to be 
especially great in light of new scientific research that has 
identified BSE infectivity in bone marrow, dorsal root ganglion, and 
trigeminal ganglion. This new research expands the list of specific 
bovine tissues and organs of concern for BSE infectively. Previously, 
the list included only terminal (distal) ileum, brain, eye (retina), 
and spinal cord. Based on ongoing research, it appears likely that 
other tissues may contain the BSE infectious agent.
    Therefore, we are amending the list in Sec. 94.18(a) to include the 
countries discussed above. Due to the research findings that additional 
tissues may contain the BSE infectious agent, we are also amending 
Sec. 94.18(b) to remove an exception that allowed fresh, frozen, and 
chilled meat and meat products to be imported into the United States 
from countries listed in Sec. 94.18(a) if the meat was deboned, free of 
visually identifiable lymphatic and nerve tissue, and met certain other 
requirements.
    In part 96 of the regulations, Sec. 96.2(b) prohibits the 
importation of bovine casing, except stomachs, that originated in or 
were processed in any country where BSE exists, as listed in existing 
Sec. 94.18(a). In this interim rule, we are rewording that reference in 
Sec. 96.2(b) so that it also encompasses the countries we are adding to 
Sec. 94.18(a) in this interim rule, and are changing the heading to the 
section accordingly. Additionally, we are expanding the prohibition on 
casings to include those from both bovines and other ruminants.
    Because the following products present a minimal risk of BSE 
transmission, we have not been prohibiting their importation from BSE-
affected countries under the existing regulations, and we are excluding 
them from the restrictions established by this interim rule: semen, 
milk and milk products, hides and skins, tallow and tallow derivatives, 
and certain blood products used in microbiologic media.

Procedures for Requesting Removal of Restrictions

    In Sec. 94.18(a)(3) of this rule, we provide that countries or 
other regions that wish to request removal from the list of regions 
considered high risk for BSE must submit to APHIS certain information 
described in Sec. 92.2 of the regulations. This information is as 
follows:
    1. The authority, organization, and infrastructure of the 
veterinary services organization in the region (country).
    2. Disease status--i.e., is the BSE agent known to exist in the 
region? If ``yes,'' at what prevalence? If ``no,'' ``when was the most 
recent diagnosis?
    3. The status of adjacent regions with respect to the agent.
    4. The extent of an active disease control program, if any, if the 
agent is known to exist in the region.
    5. The degree to which the region is separated from regions of 
higher risk through physical or other barriers.
    6. The extent to which movement of animals and animal products is 
controlled from regions of higher risk, and the level of biosecurity 
regarding such movements.
    7. Livestock demographics and marketing practices in the region.
    8. The type and extent of disease surveillance in the region--e.g., 
is it passive and/or active; what is the quantity and quality of 
sampling and testing?
    9. Diagnostic laboratory capabilities.
    10. Policies and infrastructure for animal disease control in the 
region--i.e., emergency response capacity.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. We are 
making this

[[Page 408]]

action effective retroactively to December 12, 1997, which is the date 
APHIS issued a policy stating it had stopped issuing import permits for 
the live ruminants and ruminant products and byproducts covered by this 
interim rule. This effective date is necessary to ensure that ruminant 
and ruminant products and byproducts infected with BSE are not imported 
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. 533 to make the 
rule effective December 12, 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 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 this rule would 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 12, 1997; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB), and there are no new requirements. The assigned OMB 
control number is 0579-0040.

List of Subjects

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 96

    Imports, Livestock, Reporting and recordkeeping requirements.
    Accordingly, we are amending 9 CFR, chapter I, subchapter D, 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. Section 94.18 is amended by revising the heading to the section 
and paragraphs (a) and (b) to read as follows:


Sec. 94.18  Restrictions on importation of meat and edible products 
from ruminants due to bovine spongiform encephalopathy.

    (a)(1) Bovine spongiform encephalopathy exists in the following 
regions: Belgium, France, the Republic of Ireland, Luxembourg, Oman, 
The Netherlands, Portugal, Switzerland, and the United Kingdom.
    (2) The following regions, because of import requirements less 
restrictive than those that would be acceptable for import into the 
United States and/or because of inadequate surveillance, present and 
undue risk of introducing bovine spongiform encephalopathy into the 
United States: Albania, Austria, Bosnia-Herzegovina, Bulgaria, Croatia, 
the Czech Republic, Denmark, the Federal Republic of Yugoslavia, 
Finland, Germany, Greece, Hungary, Italy, the Former Yugoslav Republic 
of Macedonia, Norway, Poland, Romania, the Slovak Republic, Slovenia, 
Spain, and Sweden.
    (3) A region may request at any time that the Administrator 
considers its removal from a list set forth in paragraphs (a)(1) or 
(a)(2) of this section by following the procedures set forth 
Secs. 92.2(b) (1) through (4), 92.2(b) (5) through (11), and 92.2(c) of 
this chapter.
    (b) Except as provided in paragraph (d) of this section, the 
importation of fresh, frozen, and chilled meat, meat products, and 
edible products other than meat (excluding gelatin, milk, and milk 
products), from ruminant that have been in any of the countries listed 
in paragraph (a) of this section is prohibited.
* * * * *

PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS 
OFFERED FOR ENTRY INTO THE UNITED STATES

    3. The authority citation for part 96 continues to read as follows:

    Authority: 21 U.S.C. 111, 136, 136a; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 96.2  [Amended]

    4. Section 96.2 is amended by revising the heading to the section 
and paragraph (b) to read as follows:


Sec. 96.2  Prohibition of casings due to African swine fever and bovine 
spongiform encephalopathy.

* * * * *
    (b) The importation of casings, except stomachs, from bovines and 
other ruminants that orginated in or were processed in any region 
listed in Sec. 94.18(a) of this subchapter is prohibited.

    Done in Washington, DC, this 31st day of December 1997.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-266 Filed 1-5-98; 8:45 am]
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