[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Proposed Rules]
[Pages 31290-31291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12438]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 00-030-1]


Change in Disease Status of Denmark Because of BSE

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations by adding Denmark to 
the list of regions where bovine spongiform encephalopathy exists 
because the disease has been detected in a native born animal in that 
region. Denmark is currently listed among the regions that present an 
undue risk of introducing bovine spongiform encephalopathy into the 
United States. Therefore, the effect of this action is a continued 
restriction on the importation of ruminants that have been in Denmark 
and meat, meat products, and certain other products of ruminants that 
have been in Denmark. This action is necessary in order to update 
Denmark's disease status regarding bovine spongiform encephalopathy.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by July 17, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
030-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-030-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Donna Malloy, Senior Staff 
Veterinarian, National Center for Import and Export, Products Program, 
VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; (301) 
734-3277.

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).
    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 or in which there is an undue risk of introducing BSE into the 
United States, 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, or in 
which there is an undue risk of introducing BSE into the United States, 
are imported into the United States.
    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 
or in which there is an undue risk of introducing BSE into the United 
States.
    In Sec. 94.18, paragraph (a)(1) lists the regions in which BSE 
exists. Paragraph (a)(2) lists the regions that present an undue risk 
of introducing BSE into the United States because their import 
requirements are less restrictive than those that would be acceptable 
for import into the United States and/or because they have inadequate 
surveillance. In Sec. 94.18, paragraph (b) prohibits the importation of 
fresh, frozen, and chilled meat, meat products, and most other edible 
products of ruminants that have been in any region listed in paragraphs 
(a)(1) or (a)(2). Paragraph (c) restricts the importation of gelatin 
derived from ruminants that have been in any of these regions. Section 
95.4 prohibits or restricts the importation of certain byproducts from 
ruminants that have been in any of these regions, and Sec. 96.2 
prohibits the importation of casings, except stomach casings, from 
ruminants that have been in any of these regions. Furthermore, 
regulations in 9 CFR part 93 pertaining to the importation of live 
animals provide that APHIS may deny the importation of ruminants from 
regions where a communicable disease such as BSE exists and from 
regions that present risks of introducing communicable diseases into 
the United States (See Sec. 93.404(a)(3)).
    Currently, Denmark is among the regions listed in Sec. 94.18(a)(2), 
which are regions that present an undue risk of introducing BSE into 
the United States. However, on February 25, 2000, a case of BSE was 
confirmed in a native-born animal by Denmark's Ministry of Agriculture. 
Therefore, in order to update Denmark's disease status regarding BSE, 
we are proposing to amend the regulations by removing Denmark from the 
list of regions in Sec. 94.18(a)(2) that present an undue risk of 
introducing BSE into the United States and adding Denmark to the list 
of regions in Sec. 94.18(a)(1) where BSE is known to exist. The effect 
of this proposed action is a continued restriction on the importation 
of ruminants that have been in Denmark and meat and meat products, and 
certain other products of ruminants that have been in Denmark.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    We are proposing to amend the regulations by adding Denmark to the 
list of regions where BSE exists because the disease has been detected 
in a native born animal in that region.
    Denmark is currently listed among the regions that present an undue 
risk of introducing BSE into the United States. Regardless of which of 
the two lists a region is on, the same restrictions apply to the 
importation of ruminants and meat, meat products, and most other 
products of ruminants that have been in the region. Therefore, this 
proposed action will not result in any change in the rules that apply 
to the importation of ruminants or meat, meat products, and certain 
other products of ruminants that have been in Denmark.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not

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have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subject in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.
    Accordingly, we propose to amend 9 CFR part 94 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 would continue 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 would be amended as follows:
    a. In paragraph (a)(1), by adding the word ``Denmark,'' immediately 
after ``Belgium,''.
    b. In paragraph (a)(2) by removing the word ``Denmark,''.

    Done in Washington, DC, this 12th day of May 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-12438 Filed 5-16-00; 8:45 am]
BILLING CODE 3410-34-U