[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Rules and Regulations]
[Pages 22425-22426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11247]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and 
Regulations  

[[Page 22425]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-008-1]


Change in Disease Status of Germany, Italy, and Spain Because of 
BSE

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations by adding Germany, Italy, and 
Spain to the list of regions where bovine spongiform encephalopathy 
exists because the disease has been detected in native-born animals in 
those regions. Germany, Italy, and Spain are 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 Germany, Italy, or Spain and meat, meat products, and 
certain other products of ruminants that have been in Germany, Italy, 
or Spain. This action is necessary in order to update the disease 
status of Germany, Italy, and Spain regarding bovine spongiform 
encephalopathy.

DATES: This interim rule was effective April 30, 2001. We invite you to 
comment on this docket. We will consider all comments that we receive 
by July 3, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-008-1, 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. 01-008-1.
    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, 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 that have been 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 the regions 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 those regions, and 
Sec. 96.2 prohibits the importation of casings, except stomach casings, 
from ruminants that have been in any of these regions. Additionally, 
the 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, Germany, Italy, and Spain are 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 November 26, 2000, 
a case of BSE was confirmed in a native-born animal in Germany; on 
January 12, 2001, a case of BSE was confirmed in a native-born animal 
in Italy; and on November 22, 2000, a case of BSE was confirmed in a 
native-born animal in Spain. Therefore, in order to update the disease 
status of these three regions regarding BSE, we are amending the 
regulations by removing Germany, Italy, and Spain from the list in 
Sec. 94.18(a)(2) of regions that present an undue risk of

[[Page 22426]]

introducing BSE into the United States and adding Germany, Italy, and 
Spain to the list in Sec. 94.18(a)(1) of regions where BSE is known to 
exist. The effect of this action is a continued restriction on the 
importation of ruminants that have been in Germany, Italy, or Spain and 
on the importation of meat, meat products, and certain other products 
and byproducts of ruminants that have been in Germany, Italy, and 
Spain.

Emergency Action

    This rulemaking is necessary on an emergency basis to update the 
disease status of Germany, Italy, and Spain regarding BSE. Under these 
circumstances, the Administrator has determined that prior notice and 
opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after publication in the Federal Register.
    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 
that 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 under Executive Order 12866.
    We are amending the regulations by adding Germany, Italy, and Spain 
to the list of regions where BSE exists because the disease has been 
detected in native-born animals in those regions. Germany, Italy, and 
Spain are 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 and byproducts of ruminants that have been in the region. 
Therefore, this action, which is necessary in order to update the 
disease status of Germany, Italy, and Spain regarding BSE, will not 
result in any change in the restrictions that apply to the importation 
of ruminants and meat, meat products, and certain other products and 
byproducts of ruminants that have been in Germany, Italy, or Spain.
    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 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 
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 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, we are amending 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 continues to read as follows:

    Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 
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 371.4.


Sec. 94.18  [Amended]

    2. Section 94.18 is amended as follows:
    a. In paragraph (a)(1), by adding, in alphabetical order, the words 
``Germany,'', ``Italy,'', and ``Spain,''.
    b. In paragraph (a)(2), by removing the words ``Germany,'', 
``Italy,'', and ``Spain,''.

    Done in Washington, DC, this 30th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-11247 Filed 5-3-01; 8:45 am]
BILLING CODE 3410-34-U