[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 12833-12834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6693]



[[Page 12833]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 02-004-1]


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

DATES: This interim rule was effective December 13, 2001. We will 
consider all comments we receive that are postmarked, delivered, or e-
mailed by May 20, 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. 02-004-1, 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. 02-004-1. 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. 
02-004-1'' 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. Gary Colgrove, Chief Staff 
Veterinarian, Sanitary Issues Management Staff, National Center for 
Import and Export, 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 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, were to be 
imported into the United States and fed to ruminants in the United 
States. BSE could also become established in the United States if 
ruminants with BSE were 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 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)).
    Austria has been 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 December 13, 2001, a case of BSE was 
confirmed in a native-born animal in Austria. Therefore, in order to 
update the disease status of Austria regarding BSE, we are amending the 
regulations by removing Austria 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 Austria 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, meat, meat products, and 
certain other products and byproducts of ruminants that have been 
Austria. We are making these amendments effective retroactively to 
December 13, 2001, which is the date that BSE was confirmed in a 
native-born animal in Austria.

Emergency Action

    This rulemaking is necessary on an emergency basis to update the 
disease status of Austria 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.

[[Page 12834]]

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 Austria to the list of 
regions where BSE exists because the disease has been detected in a 
native-born animal in that region. Austria has been 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 Austria 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 Austria.
    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 December 13, 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 
``Austria,''.
    b. In paragraph (a)(2), by removing the word ``Austria,''.

    Done in Washington, DC, this 14th day of March, 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-6693 Filed 3-19-02; 8:45 am]
BILLING CODE 3410-34-U