[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Pages 62913-62914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30001]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 233 / Tuesday, December 4, 2001 / 
Rules and Regulations  

[[Page 62913]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-062-1]


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

DATES: This interim rule was effective June 8, 2001. We invite you to 
comment on this docket. We will consider all comments we receive that 
are postmarked, delivered, or e-mailed by February 4, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-062-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-062-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-062-1'' on the subject line.
    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. 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 paragraph (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, the Czech Republic 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 June 8, 2001, a 
case of BSE was confirmed in a native-born animal in the Czech 
Republic. Therefore, in order to update the disease status of this 
region regarding BSE, we are amending the regulations by removing the 
Czech Republic 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 the Czech Republic 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

[[Page 62914]]

importation of ruminants that have been in the Czech Republic and on 
the importation of meat, meat products, and certain other products and 
byproducts of ruminants that have been in the Czech Republic. We are 
making these amendments effective retroactively to June 8, 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 the Czech Republic 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 we receive during the comment period for 
this interim rule (see DATES above). 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 under Executive Order 12866.
    We are amending the regulations by adding the Czech Republic to the 
list of regions where BSE exists because the disease has been detected 
in native-born animals in that region. The Czech Republic 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 the Czech 
Republic 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 the Czech Republic.
    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 June 8, 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 words 
``the Czech Republic,''.
    b. In paragraph (a)(2), by removing the words ``the Czech 
Republic,''.

    Done in Washington, DC, this 28th day of November 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-30001 Filed 12-3-01; 8:45 am]
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