[Federal Register: December 4, 2001 (Volume 66, Number 233)]
[Rules and Regulations]
[Page 62913-62914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de01-1]
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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 regulations@aphis.usda.gov. 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]
BILLING CODE 3410-34-U
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