[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 406-408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-266]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 94 and 96
[Docket No. 97-127-1]
Restrictions on the Importation of Ruminants, Meat and Meat
Products From Ruminants, and Certain Other Ruminant Products
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 governing the importation into
the United States of ruminants, meat and meat products from ruminants,
and other ruminant products to restrict the importation of live
ruminants, meat and meat products from ruminants, and certain other
ruminant products from countries in which bovine spongiform
encephalopathy (BSE) may exist. This action is necessary to ensure that
animals and animal products affected with BSE are not imported into the
United States.
DATES: Interim rule effective December 12, 1997. Consideration will be
given only to comments received on or before March 9, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-127-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 97-127-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT:
Dr. Julia Sturm, Supervisory Staff Veterinarian, Products Program,
National Center for Import and Export, VS, APHIS, USDA Center, Unit 40,
4700 River Road, Riverdale, MD 20737-1231, (301) 734-3399.
[[Page 407]]
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 92, 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 bovine animals and other ruminants
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 and other animal
products and byproducts from ruminants infected with BSE, 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
from countries or other regions in which BSE exists are imported.
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. These regions, which currently consist only of countries, are
listed in Sec. 94.18 of the regulations. Furthermore, Sec. 93.404(a)(3)
states that the Animal and Plant Health Inspection Service (APHIS) may
deny the importation of ruminants from regions where a communicable
disease such as BSE exists. The current regulations at Sec. 94.18(a)
list the following countries as regions in which BSE exists: Belgium,
France, Great Britain, Northern Ireland, the Republic of Ireland,
Luxembourg, The Netherlands, Oman, Portugal, and Switzerland.
We now consider it necessary to restrict the importation of
ruminants, meat and meat products from ruminants, and certain ruminant
products and byproducts not only from countries and other regions in
which BSE is known to exist, but also from countries and other regions
which, because of import requirements less restrictive than those that
would be acceptable for import into the United States and/or because of
inadequate surveillance, present a significant risk of introducing BSE.
Specifically, we consider it necessary to apply these restrictions to
all countries of Europe. In addition to the countries listed above, we
are applying such restrictions to Albania, Austria, Bosnia-Herzegovina,
Bulgaria, Croatia, the Czech Republic, Denmark, the Federal Republic of
Yugoslavia, Finland, Germany, Greece, Hungary, Italy, the former
Yugoslav Republic of Macedonia, Norway, Poland, Romania, the Slovak
Republic, Slovenia, Spain, and Sweden.
Additionally, in this rule, in the list of regions in which BSE
exists, we are including Great Britain and Northern Ireland under
``United Kingdom,'' which also encompass The Falklands.
Reasons for New Restrictions
Our decision to establish the restrictions set forth in this
interim rule is based on recent developments in Europe that lead us to
believe that the BSE agent may be present, but as yet undetected,
throughout Europe. The Netherlands, Belgium, and Luxembourg have
recently reported their first cases of BSE in native-born cattle.
Additionally, Belgium and Luxembourg have reported that cattle
diagnosed with BSE were inadvertently processed into the animal food
chain. Because of the movement of ruminants and ruminant products
within Europe, the possibility exists that this potentially
contaminated animal feed may have been moved from Belgium and
Luxembourg to other European countries.
We consider the risk posed by this potential movement to be
especially great in light of new scientific research that has
identified BSE infectivity in bone marrow, dorsal root ganglion, and
trigeminal ganglion. This new research expands the list of specific
bovine tissues and organs of concern for BSE infectively. Previously,
the list included only terminal (distal) ileum, brain, eye (retina),
and spinal cord. Based on ongoing research, it appears likely that
other tissues may contain the BSE infectious agent.
Therefore, we are amending the list in Sec. 94.18(a) to include the
countries discussed above. Due to the research findings that additional
tissues may contain the BSE infectious agent, we are also amending
Sec. 94.18(b) to remove an exception that allowed fresh, frozen, and
chilled meat and meat products to be imported into the United States
from countries listed in Sec. 94.18(a) if the meat was deboned, free of
visually identifiable lymphatic and nerve tissue, and met certain other
requirements.
In part 96 of the regulations, Sec. 96.2(b) prohibits the
importation of bovine casing, except stomachs, that originated in or
were processed in any country where BSE exists, as listed in existing
Sec. 94.18(a). In this interim rule, we are rewording that reference in
Sec. 96.2(b) so that it also encompasses the countries we are adding to
Sec. 94.18(a) in this interim rule, and are changing the heading to the
section accordingly. Additionally, we are expanding the prohibition on
casings to include those from both bovines and other ruminants.
Because the following products present a minimal risk of BSE
transmission, we have not been prohibiting their importation from BSE-
affected countries under the existing regulations, and we are excluding
them from the restrictions established by this interim rule: semen,
milk and milk products, hides and skins, tallow and tallow derivatives,
and certain blood products used in microbiologic media.
Procedures for Requesting Removal of Restrictions
In Sec. 94.18(a)(3) of this rule, we provide that countries or
other regions that wish to request removal from the list of regions
considered high risk for BSE must submit to APHIS certain information
described in Sec. 92.2 of the regulations. This information is as
follows:
1. The authority, organization, and infrastructure of the
veterinary services organization in the region (country).
2. Disease status--i.e., is the BSE agent known to exist in the
region? If ``yes,'' at what prevalence? If ``no,'' ``when was the most
recent diagnosis?
3. The status of adjacent regions with respect to the agent.
4. The extent of an active disease control program, if any, if the
agent is known to exist in the region.
5. The degree to which the region is separated from regions of
higher risk through physical or other barriers.
6. The extent to which movement of animals and animal products is
controlled from regions of higher risk, and the level of biosecurity
regarding such movements.
7. Livestock demographics and marketing practices in the region.
8. The type and extent of disease surveillance in the region--e.g.,
is it passive and/or active; what is the quantity and quality of
sampling and testing?
9. Diagnostic laboratory capabilities.
10. Policies and infrastructure for animal disease control in the
region--i.e., emergency response capacity.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment. We are
making this
[[Page 408]]
action effective retroactively to December 12, 1997, which is the date
APHIS issued a policy stating it had stopped issuing import permits for
the live ruminants and ruminant products and byproducts covered by this
interim rule. This effective date is necessary to ensure that ruminant
and ruminant products and byproducts infected with BSE are not imported
into the United States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 533 to make the
rule effective December 12, 1997. We will consider comments that are
received within 60 days of publication of this rule in the Federal
Register. After the comment period closes, we will publish another
document in the Federal Register. It 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.
This emergency situation makes compliance with section 603 and
timely compliance with section 604 of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) impracticable. If we determine this rule would have
a significant economic impact on a substantial number of small
entities, then we will discuss the issues raised by section 604 of the
Regulatory Flexibility Act in our 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
effect to December 12, 1997; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB), and there are no new requirements. The assigned OMB
control number is 0579-0040.
List of Subjects
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
9 CFR Part 96
Imports, Livestock, Reporting and recordkeeping requirements.
Accordingly, we are amending 9 CFR, chapter I, subchapter D, 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. 147a, 150ee, 161, 162, and 450; 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
371.2(d).
Sec. 94.18 [Amended]
2. Section 94.18 is amended by revising the heading to the section
and paragraphs (a) and (b) to read as follows:
Sec. 94.18 Restrictions on importation of meat and edible products
from ruminants due to bovine spongiform encephalopathy.
(a)(1) Bovine spongiform encephalopathy exists in the following
regions: Belgium, France, the Republic of Ireland, Luxembourg, Oman,
The Netherlands, Portugal, Switzerland, and the United Kingdom.
(2) The following regions, because of import requirements less
restrictive than those that would be acceptable for import into the
United States and/or because of inadequate surveillance, present and
undue risk of introducing bovine spongiform encephalopathy into the
United States: Albania, Austria, Bosnia-Herzegovina, Bulgaria, Croatia,
the Czech Republic, Denmark, the Federal Republic of Yugoslavia,
Finland, Germany, Greece, Hungary, Italy, the Former Yugoslav Republic
of Macedonia, Norway, Poland, Romania, the Slovak Republic, Slovenia,
Spain, and Sweden.
(3) A region may request at any time that the Administrator
considers its removal from a list set forth in paragraphs (a)(1) or
(a)(2) of this section by following the procedures set forth
Secs. 92.2(b) (1) through (4), 92.2(b) (5) through (11), and 92.2(c) of
this chapter.
(b) Except as provided in paragraph (d) of this section, the
importation of fresh, frozen, and chilled meat, meat products, and
edible products other than meat (excluding gelatin, milk, and milk
products), from ruminant that have been in any of the countries listed
in paragraph (a) of this section is prohibited.
* * * * *
PART 96--RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS
OFFERED FOR ENTRY INTO THE UNITED STATES
3. The authority citation for part 96 continues to read as follows:
Authority: 21 U.S.C. 111, 136, 136a; 7 CFR 2.22, 2.80, and
371.2(d).
Sec. 96.2 [Amended]
4. Section 96.2 is amended by revising the heading to the section
and paragraph (b) to read as follows:
Sec. 96.2 Prohibition of casings due to African swine fever and bovine
spongiform encephalopathy.
* * * * *
(b) The importation of casings, except stomachs, from bovines and
other ruminants that orginated in or were processed in any region
listed in Sec. 94.18(a) of this subchapter is prohibited.
Done in Washington, DC, this 31st day of December 1997.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-266 Filed 1-5-98; 8:45 am]
BILLING CODE 3410-34-M
