[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Rules and Regulations]
[Pages 52483-52484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25953]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 200 / Tuesday, October 16, 2001 / 
Rules and Regulations  

[[Page 52483]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-094-1]


Change in Disease Status of Japan 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 Japan to the list of 
regions where bovine spongiform encephalopathy exists because the 
disease has been detected in a native-born animal in that region. The 
effect of this action is restriction on the importation of ruminants 
that have been in Japan and meat, meat products, and certain other 
products of ruminants that have been in Japan. This action is necessary 
to help prevent the introduction of bovine spongiform encephalopathy 
into the United States.

DATES: This rule is effective retroactively to September 10, 2001. We 
invite you to comment on this docket. We will consider all comments 
that we receive by December 17, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-094-1, 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. 01-094-1.
    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. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, Sanitary Issues 
Management Staff, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

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, 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 with BSE 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. Paragraph (b) of Sec. 94.18 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) of Sec. 94.18 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 the Animal and Plant Health 
Inspection Service 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)).
    On September 10, 2001, Japan reported a suspected case of BSE in a 
native-born animal, and on September 22, 2001, Japan confirmed their 
diagnosis in a report to the Office International des Epizooties. 
Therefore, in order to reduce the risk of introducing BSE into the 
United States, we are amending Sec. 94.18 (a)(1) by adding Japan to the 
list of regions where BSE is known to exist. The effect of this action 
is a restriction on the importation of ruminants that have been in 
Japan and on the importation of meat, meat products, and certain other 
products and byproducts of ruminants that have been in Japan. We are 
making this amendment effective retroactively to September 10, 2001, 
which is the date that BSE was reported in a native-born animal in that 
region.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
introduction of BSE into the United States. 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.

[[Page 52484]]

    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.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a 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 September 10, 2001; 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. In Sec. 94.18, paragraph (a)(1) is amended by adding, in 
alphabetical order, the word ``Japan,''.

    Done in Washington, DC, this 10th day of October 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-25953 Filed 10-15-01; 8:45 am]
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