[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31939-31940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13440]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Rules 
and Regulations  

[[Page 31939]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93 and 94

[Docket No. 03-058-1]


Change in Disease Status of Canada 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 Canada to the list 
of regions where bovine spongiform encephalopathy exists because the 
disease has been detected in an animal in that region. This action 
prohibits or restricts the importation of ruminants that have been in 
Canada and meat, meat products, and certain other products and 
byproducts of ruminants that have been in Canada. This action is 
necessary to help prevent the introduction of bovine spongiform 
encephalopathy into the United States.

DATES: This rule is effective retroactively to May 20, 2003. We will 
consider all comments that we receive on or before July 28, 2003.

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. 03-058-1, 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. 03-058-1. 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. 
03-058-1'' 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, Director, Sanitary 
Trade Issues Team, 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, 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 part 93 pertaining to the importation 
of live animals provide that the Animal and Plant Health Inspection 
Service (APHIS) may deny an application for a permit for 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 May 20, 2003, the Canadian Food Inspection Agency reported a 
case of BSE in a beef cow in northern Alberta. Therefore, in order to 
prevent the introduction of BSE into the United States, we are amending 
Sec.  94.18(a)(1) by adding Canada to the list of regions where BSE is 
known to exist. This action prohibits or restricts the importation of 
ruminants that have been in Canada and the importation of meat, meat 
products, and certain other products and byproducts of ruminants that 
have been in Canada. We are making this amendment effective 
retroactively to May 20, 2003, which is the date that Canada reported 
the BSE case.
    As noted previously, the regulations in Sec.  93.404(a)(3) provide 
the basis for APHIS to deny an application for a permit for the 
importation of ruminants from regions listed in Sec.  94.18(a)(1) or 
(a)(2). Because, with certain exceptions, ruminants may not be imported 
into the

[[Page 31940]]

United States unless their importation is authorized by a permit, the 
provisions of Sec.  93.404(a)(3) have been sufficient to prevent the 
entry of live ruminants from regions affected with BSE. However, the 
regulations in part 93 provide exemptions from the permit requirement 
for ruminants from several regions, including Canada, under certain 
circumstances. Given that the denial of a permit application may not 
serve in all cases to provide a regulatory basis for preventing the 
importation of ruminants from regions affected with BSE, we have 
amended the regulations in Sec.  93.401, ``General prohibitions; 
exceptions,'' to include an explicit prohibition on the importation of 
ruminants that have been in any region listed in Sec.  94.18(a)(1) or 
(a)(2).

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.
    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.

Executive Order 12866 and Regulatory Flexibility Act

    For this action, the Office of Management and Budget has waived its 
review 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 
effective to May 20, 2003; 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

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

0
Accordingly, we are amending 9 CFR parts 93 and 94 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


0
2. In Sec.  93.401, paragraph (a) is revised to read as follows:


Sec.  93.401  General prohibitions; exceptions.

    (a) No ruminant or product subject to the provisions of this part 
shall be brought into the United States except in accordance with the 
regulations in this part and part 94 of this subchapter;\3\ nor shall 
any such ruminant or product be handled or moved after physical entry 
into the United States before final release from quarantine or any 
other form of governmental detention except in compliance with such 
regulations. Notwithstanding any other provision of this subpart, the 
importation of any ruminant that has been in a region listed in Sec.  
94.18(a)(1) or (a)(2) of this subchapter is prohibited. Provided, 
however, the Administrator may upon request in specific cases permit 
ruminants or products to be brought into or through the United States 
under such conditions as he or she may prescribe, when he or she 
determines in the specific case that such action will not endanger the 
livestock or poultry of the United States.
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    \3\ Importations of certain animals from various regions are 
absolutely prohibited under part 94 because of specified diseases.
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* * * * *

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL 
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

0
3. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 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]

0
4. In Sec.  94.18, paragraph (a)(1) is amended by adding, in 
alphabetical order, the word ``Canada,''.

    Done in Washington, DC, this 23rd day of May, 2003 .
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-13440 Filed 5-28-03; 8:45 am]
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