[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Rules and Regulations]
[Pages 63911-63912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30599]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-008-2]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that added Germany, Italy, and Spain to the list of regions where 
bovine spongiform encephalopathy (BSE) exists because the disease had 
been detected in native-born animals in those regions. Germany, Italy, 
and Spain had already been listed among the regions that present an 
undue risk of introducing BSE into the United States, so the effect of 
the interim rule was 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. The interim rule was necessary in order to 
update the disease status of Germany, Italy, and Spain regarding BSE.

EFFECTIVE DATE: The interim rule became effective on April 30, 2001.

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

    In an interim rule effective April 30, 2001, and published in the 
Federal Register on May 4, 2001 (66 FR 22425-22426, Docket No. 01-008-
1), we amended the regulations in 9 CFR part 94 by adding Germany, 
Italy, and Spain to the list of regions where bovine spongiform 
encephalopathy (BSE) exists. Germany, Italy, and Spain had previously 
been listed in Sec. 94.18(c)(2) as regions that present an undue risk 
of introducing BSE into the United States. However, due to the 
detection of BSE in native-born animals in those regions, the interim 
rule was necessary to update the disease status of Germany, Italy, and 
Spain regarding BSE.
    Comments on the interim rule were required to be received on or 
before July 3, 2001. We received one comment by

[[Page 63912]]

that date from a foreign agricultural official. The commenter indicated 
that the actions taken in the interim rule were consistent with the 
actions taken by his government. The commenter did not raise any 
objections to the interim rule.
    Therefore, for the reasons given in the interim rule, we are 
adopting the interim rule as a final rule without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Order 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

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.

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

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 94 and that was published at 66 FR 
22425-22426 on May 4, 2001.

    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.

    Done in Washington, DC, this 6th day of December 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-30599 Filed 12-10-01; 8:45 am]
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