[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54642-54643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27263]



[[Page 54642]]

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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-065-1]


Change in Disease Status of Greece 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 Greece to the list 
of regions where bovine spongiform encephalopathy exists because the 
disease has been detected in a native-born animal in that region. 
Greece 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 Greece and meat, meat 
products, and certain other products of ruminants that have been in 
Greece. This action is necessary in order to update the disease status 
of Greece regarding bovine spongiform encephalopathy.

DATES: This interim rule is effective retroactively to July 2, 2001. We 
invite you to comment on this docket. We will consider all comments 
that we receive by December 31, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-065-1, 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. 01-065-1.
    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 cattle 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. Paragraph (a)(1) of Sec. 94.18 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)).
    Currently, Greece 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 July 2, 2001, a case of BSE was 
confirmed in a native-born animal in Greece. Therefore, in order to 
update the disease status of this region regarding BSE, we are amending 
the regulations by removing Greece from the list in Sec. 94.18(a)(2) of 
regions that present an undue risk of introducing BSE into the United 
States and adding Greece 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 Greece 
and on the importation of meat, meat products, and certain other 
products and byproducts of ruminants that have been in Greece. We are 
making these amendments effective retroactively to July 2, 2001, which 
is the date that BSE was confirmed in a native-born animal in that 
region.

Emergency Action

    This rulemaking is necessary on an emergency basis to update the 
disease status of Greece 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. The document 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.
    We are amending the regulations by adding Greece to the list of 
regions where BSE exists because the disease

[[Page 54643]]

has been detected in native-born animals in that region. Greece 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 and 
byproducts of ruminants that have been in the region. Therefore, this 
action, which is necessary in order to update the disease status of 
Greece 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 
Greece.
    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 retroactive 
effect to July 2, 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. Section 94.18 is amended as follows:
    a. In paragraph (a)(1), by adding, in alphabetical order, the word 
``Greece,''.
    b. In paragraph (a)(2), by removing the word ``Greece,''.

    Done in Washington, DC, this 24th day of October 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-27263 Filed 10-29-01; 8:45 am]
BILLING CODE 3410-34-U