Federal Register: February 1, 2002 (Volume 67, Number 22)
DOCID: FR Doc 02-2494
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
CFR Citation: 9 CFR Part 94
Docket ID: [Docket No. 01-122-1]
NOTICE: RULES
ACTION: Importation and exportation of animals and animal products:
DOCUMENT ACTION: Interim rule and request for comments.
SUBJECT CATEGORY:
Change in Disease Status of Slovakia and Slovenia Because of BSE
DATES: This interim rule is effective February 1, 2002. We invite you to comment on this docket. We will consider all comments we receive that are postmarked, delivered, or emailed by April 2, 2002.
DOCUMENT SUMMARY:
We are amending the regulations by adding Slovakia and Slovenia to the list of regions where bovine spongiform encephalopathy exists because the disease has been detected in nativeborn animals in those regions. Slovakia and Slovenia are 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 Slovakia or Slovenia and meat, meat products, and certain other products of ruminants that have been in either of those countries. This action is necessary in order to update the disease status of Slovakia and Slovenia regarding bovine spongiform encephalopathy.
SUMMARY:
Bovine spongiform encephalopathy; disease status change—; Slovakia and Slovenia,
SUPPLEMENTAL 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 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, Slovakia and Slovenia are 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. (Slovakia is currently listed in Sec. 94.18(a)(2) as ``the Slovak Republic.'') However, on October 5, 2001, a case of BSE was confirmed in a nativeborn animal in Slovakia. A case of BSE was confirmed in a nativeborn animal in Slovenia on November 21, 2001. Therefore, in order to update the disease status of these regions regarding BSE, we are amending the regulations by removing Slovakia and Slovenia 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 Slovakia and Slovenia 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 that have been in Slovakia or Slovenia and on the importation of meat, meat products, and certain other products and byproducts of ruminants that have been in either of those countries.
Miscellaneous
As noted above, the regulations in Sec. 94.18(a)(2) have referred to Slovakia
[[Page 4878]]
by its conventional long form name, the Slovak Republic. For
consistency with the manner in which we refer to other countries in the
regulations, we use the conventional short form designation of ``Slovakia'' in this interim rule.
Emergency Action
This rulemaking is necessary on an emergency basis to update the disease status of Slovakia and Slovenia 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 by Executive Order 12866.
We are amending the regulations by adding Slovakia and Slovenia to the list of regions where BSE exists because the disease has been detected in nativeborn animals in those regions. Slovakia and Slovenia are 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 Slovakia and Slovenia 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 Slovakia and Slovenia.
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 no retroactive effect; 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 94RINDERPEST, FOOTANDMOUTH 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 ``Slovakia, Slovenia,''.
b. In paragraph (a)(2), by removing the words ``the Slovak Republic, Slovenia,''.
Done in Washington, DC, this 28th day of January 2002. W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 022494 Filed 13102; 8:45 am]
BILLING CODE 341034U
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 207371231; (301) 7344356.