Comment from Terry S Singeltary, CJD WATCH/VOICE

Document ID: APHIS-2007-0033-0002
Document Type: Public Submission
Agency: Animal And Plant Health Inspection Service
Received Date: August 29 2007, at 12:22 PM Eastern Daylight Time
Date Posted: August 29 2007, at 12:00 AM Eastern Standard Time
Comment Start Date: August 28 2007, at 12:00 AM Eastern Standard Time
Comment Due Date: December 3 2007, at 11:59 PM Eastern Standard Time
Tracking Number: 8027c28d
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DOCKET APHIS-2007-0033 Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List August, 29, 2007 Greetings APHIS, I would kindly like to submit the following to ; DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 331 9 CFR Part 121 Docket No. APHIS-2007-0033 RIN 0579-AC53 This is my second submission to APHIS about Bioterrorism and the Transmissible Spongiform Encephalopathy TSE agent. My first submission was Mon, 27 Jan 2003 15:54:57 -0600 Docket No: 02-088-1 RE-Agricultural Bioterrorism Protection Act of 2002 (see my old submission at bottom dated Subject: Docket No: 02-088-1 RE-Agricultural Bioterrorism Protection Act of 2002; Date: Mon, 27 Jan 2003 15:54:57 -0600 From: "Terry S. Singeltary Sr." To: regulations@aphis.usda.gov ). WHAT I am most concerned about is that ONLY BSE is listed as a dangerous toxin in the family of TSE. With the ever growing list of atypical TSE like atypical BSE BASE, and the atypical Scrapie Nor-98, and also the typical scrapie strains, and Chronic Wasting Disease CWD, why is it only BSE is listed ? I think that all of these TSE's should be listed with the BSE agent as a potential Biological weapon. With these atypical TSE, even more so, due to the fact the possibility of vertical and lateral transmission, unlike BSE (not documented to date to transmit that way). With the atypical BSE BASE being more virulent to humans than the typical BSE, why is it not listed ? WHY is the atypical Scrapie Nor-98, with this being a potential threat to not only animals, but humans as well, why is this not listed ? WHY is Chronic Wasting Disease CWD of deer and elk not listed, especially since CWD has transmitted to the bovine by inoculation to date, with oral studies still ongoing, and the fact the oral route would take much longer, would CWD wreck havoc on a countries economy too, let alone the very real potential for CWD to transmit to humans, why is CWD not listed as a Bio-toxin ? IF these terrorist are willing to walk into a mall and blow themselves up as a walking bomb, what is to keep them from exposing themselves to one of these deadly TSEs, and then going to a hospital and exposing many with CJD somehow. This may seem far fetched, but very possible. Why is CJD not listed ? IN short, and very simple, all you would have to do is change the BSE, to human and animal TSE, thus all bases would be covered. but in only including the BSE strain of TSE agent, I think you are only fooling yourselves, again. ... SOURCES Subject: Cross-sequence transmission of sporadic Creutzfeldt-Jakob disease creates a new prion strain Date: August 25, 2007 at 12:42 pm PST snip... In this study, the strain-dependent traits of sCJDMM1 prions were inherited through cross-sequence transmission without any modification. The humanized mice with 129V/V produced type 1 PrPres after inoculation with sCJD-MM1 prions. Because sCJD-VV1 cases are extremely rare (at most 1-2% of the total number of sCJD cases) and characterized by early onset (mean age at onset: 39.3 years) (5), #################################### our results raise the possibility that CJD cases classified as VV1 may include cases caused by iatrogenic transmission of sCJD-MM1 prions or food-borne infection by type 1 prions from animals, e.g., chronic wasting disease prions in cervid. In fact, two CJD-VV1 patients who hunted deer or consumed venison have been reported (40, 41). The results of the present study emphasize the need for traceback studies and careful re-examination of the biochemical properties of sCJD-VV1 prions. ################################### In conclusion, cross-sequence transmission of sCJD-VV2 prions generates a new prion strain with altered conformational properties and disease phenotypes as p-dCJD prions. Furthermore, the newly generated prions have unique transmissibility including the traceback phenomenon. In the future, if atypical prion strains emerge through cross-sequence transmission, especially from animals, traceback studies will enable us to identify the origin of the prions. REFERENCES...snip...end FULL TEXT ; http://www.jbc.org/cgi/content/abstract/M704597200v1? maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&fulltext=Cross- sequence+transmission+of+sporadic+Creutzfeldt- Jakob+disease+creates+a+new+&searchid=1&FIRSTINDEX=0&resourcetype=HW CIT Re: Colorado Surveillance Program for Chronic Wasting Disease Transmission to Humans (TWO SUSPECT CASES) http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0704&L=sanet-mg&T=0&P=1165 snip...full text ; http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=21267 CWD experts address first meeting of advisory committee http://www.biggamehunt.net/forums/viewtopic.php?t=13925 PART 2 http://www.biggamehunt.net/forums/viewtopic.php?p=62733#62733 Subject: MAD COW BASE H-TYPE AND L-TYPE Date: August 23, 2007 at 11:30 am PST http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=19779 From: "Terry S. Singeltary Sr." <flounder9@VERIZON.NET> Sent: Tuesday, August 21, 2007 9:50 AM Subject: TWO MORE Nor98 atypical Scrapie cases detected in USA bringing total to 3 cases to date Infected and Source Flocks As of June 30, 2007, there were ..... snip... One field case and one validation case were consistent with Nor-98 scrapie. http://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/mont hly_scrapie_rpt.pps IN the February 2007 Scrapie report it only mentions ; ''One case was consistent with Nor98 scrapie.'' http://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/ (please note flocks of origin were in WY, CO, AND CA. PERSONAL COMMUNCATIONS USDA, APHIS, VS ET AL. ...TSS) NOR98 SHOWS MOLECULAR FEATURES REMINISCENT OF GSS http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=14553 An evaluation of scrapie surveillance in the United States http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=3427 FOIA REQUEST FOR ATYPICAL TSE INFORMATION ON VERMONT SHEEP http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=10451 SEAC New forms of Bovine Spongiform Encephalopathy 1 August 2007 From: Terry S. Singeltary Sr. Date: Sun, 5 Aug 2007 13:09:38 -0500 http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=3573 POTENTIAL MAD CAT ESCAPES LAB IN USA http://lists.ifas.ufl.edu/cgi-bin/wa.exe?A2=ind0708&L=sanet-mg&T=0&P=7062 Terry S. Singeltary Sr. P.O. Box 42 Bacliff, Texas USA 77518 =========================August 29, 2007===================== [Federal Register: August 28, 2007 (Volume 72, Number 166)] [Proposed Rules] [Page 49231-49236] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28au07-40] ============================================================ ============ Proposed Rules Federal Register ____________________________________________________________________ ____ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ============================================================ ============ [[Page 49231]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 331 9 CFR Part 121 [Docket No. APHIS-2007-0033] RIN 0579-AC53 Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are proposing to amend and republish the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action would implement the findings of the second biennial review of the list. DATES: We will consider all comments that we receive on or before October 29, 2007. ADDRESSES: You may submit comments by either of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov , select ``Animal and Plant Health Inspection Service'' from the agency drop-down menu, then click ``Submit.'' In the Docket ID column, select APHIS-2007-0033 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's ``User Tips'' link. Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS- 2007-0033, Regulatory Analysis and Development, PPD, APHIS, Station 3A- 03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0033. Reading Room: 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. Other Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: For information concerning the regulations in 7 CFR part 331, contact Ms. Gwendolyn Burnett, Select Agent Program Compliance Manager, PPQ, APHIS, 4700 River Road Unit 2, Riverdale, MD 20737-1231, (301) 734-5960. For information concerning the regulations in 9 CFR part 121, contact Dr. Frederick D. Doddy, Veterinary Medical Officer, Animals, Organisms and Vectors, and Select Agents, VS, APHIS, 4700 River Road Unit 2, Riverdale, MD 20737-1231, (301) 734-5960. SUPPLEMENTARY INFORMATION: Background snip... TITLE 9--[AMENDED] PART 121--POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS 3. The authority citation for part 121 continues to read as follows: Authority: 7 U.S.C. 8401; 7 U.S.C. 2.22, 2.80, and 371.4. 4. In Sec. 121.3, footnotes 1 and 2 are redesignated as footnotes 2 and 3, respectively, and paragraph (b) is revised to read as follows: [[Page 49236]] Sec. 121.3 VS select agents and toxins * * * * * (b) VS select agents and toxins: African horse sickness virus; African swine fever virus; Akabane virus; Avian influenza virus (highly pathogenic); Bluetongue virus (exotic); Bovine spongiform encephalopathy agent; Camel pox virus; Classical swine fever virus; Ehrlichia ruminantium (Heartwater); Foot-and-mouth disease virus; Goat pox virus; Japanese encephalitis virus; Lumpy skin disease virus; Malignant catarrhal fever virus (Alcelaphine herpesvirus type 1); Menangle virus; Mycoplasma capricolum subspecies capripneumoniae (contagious caprine pleuropneumonia); Mycoplasma mycoides subspecies mycoides small colony (MmmSC) (contagious bovine pleuropneumonia); Peste des petits ruminants virus; Rinderpest virus; Sheep pox virus; Swine vesicular disease virus; Vesicular stomatitis virus (exotic). Virulent Newcastle disease virus \4--------------------------------------------------------------------------- snip...full text ; http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2 007/E7-17039.htm ======================================================= Subject: Docket No: 02-088-1 RE-Agricultural Bioterrorism Protection Act of 2002; Date: Mon, 27 Jan 2003 15:54:57 -0600 From: "Terry S. Singeltary Sr." To: regulations@aphis.usda.gov Docket No: 02-088-1 Title: Agricultural Bioterrorism Protection Act of 2002; Possession, Use, and Transfer of Biological Agents and Toxins http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname=2002_register&docid=fr13de02-15.pdf Greetings, i would like to kindly submit to this docket and warn of the potential for biological 'suitcase bombs' from civilian air-traffic populations from known BSE/FMD and other exotic animal disease pathogens coming into the USA. please be warned; Date: Thu, 21 Mar 2002 08:42:56 -0800 Reply-To: Bovine Spongiform Encephalopathy Sender: Bovine Spongiform Encephalopathy From: "Terry S. Singeltary Sr." Subject: USA SEALED BORDERS AND THE ''USCS'' (unspecified species coding system) MORE POTENTIAL B.S.eee Change in Disease Status of Greece With Regard to Foot-and-Mouth [Federal Register: March 21, 2002 (Volume 67, Number 55)] snip... Under Sec. 94.11, meat and other animal products of ruminants and swine, including ship stores, airplane meals, and baggage containing these meat or animal products, may not be imported into the United States except in accordance with Sec. 94.11 and the applicable requirements of the U.S. Department of Agriculture's Food Safety and Inspection Service at 9 CFR chapter III. snip... From an economic standpoint, the proposed rule would have little or no impact on U.S. animal stock and commodities. There are two reasons. First, the proposed rule would not remove other disease-based restrictions on the importation of ruminants or swine (and certain meat and other products from those animals) from Greece into the United States. Because bovine spongiform encephalopathy is considered to exist in Greece, the importation of ruminants and meat, meat products, and certain other products of ruminants that have been in Greece is prohibited. snip... http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname=2002_register&docid=02-6837-filed ======================== What are the U.S. imports of affected animals or animal products from the country? Very few products that would be of risk for transmission of BSE were imported into the US from Greece during 2000 or 2001 (January - April). Due to the above mentioned import ban, no live ruminants, ruminant meat, meal made from ruminants, or other high risk products from ruminants were imported from Greece during this time period. In 2001 (January - April), 3000 kg of enzymes and prepared enzymes and 5 kg of medicants containing antibiotics for veterinary use were imported. The data do not provide a species of origin code for these products, therefore they may not contain any ruminant product. Sources: World Trade Atlas What is the level of passenger traffic arriving in the United States from the affected country? Approximately 185,000 direct flights from Greece arrived to US airports in fiscal year 2000. Also, an unknown number of passengers from Greece arrived via indirect flights. Under APHIS-PPQ's agriculture quarantine inspection monitoring, 584 air passengers from Greece were sampled for items of agricultural interest in fiscal year 2000. Of these passengers, 14 carried meat (non-pork) items that could potentially transmit pathogens that cause BSE; most passengers carried from one to two kilograms (kg) of meat, although one passenger in November 1999 carried 23 kg of meat in a suitcase. Florida, Massachusetts, and New York were the reported destinations of these passengers. None of the passengers with meat items reported plans to visit or work on a ranch or farm while in the US. Source: US Department of Transportation, and APHIS-PPQ Agricultural Quarantine Inspection data base http://www.aphis.usda.gov/vs/ceah/cei/bse_greece0701.htm Greetings list members, i just cannot accept this; > 23 kg of meat in a suitcase (suitcase bomb...TSS) > The data do not provide a species of origin code for these > products, therefore they may not contain any ruminant product. what kind of statement is this? how stupid do they think we are? it could also very well mean that _all_ of it was ruminant based products ! Terry S. Singeltary Sr., Bacliff, Texas USA What is the level of passenger traffic arriving in the United States from Slovenia? There were no direct flights from Slovenia to the US in fiscal year 2000. APHIS-PPQ?s agriculture quarantine inspection monitoring sampled 27 air passengers from Slovenia for items of agricultural interest in fiscal year 2000. One of these 27 passengers was carrying two kilograms of a meat item that could potentially harbor pathogens that cause BSE. This passenger arrived to Elizabeth, New York, in June 2000 and declared no intention to visit a farm or ranch in the US. Source: US Department of Transportation, and APHIS-PPQ Agricultural Quarantine Inspection data base http://www.aphis.usda.gov/vs/ceah/cei/bse_slovenia1101.htm What is the level of passenger traffic arriving in the United States from the affected country? A total of 45,438 passengers arrived in the US on direct flights from the Czech Republic in fiscal year 2000. It is likely that additional passengers originating in the Czech Republic traveled to the US on non-direct flights. As part of APHIS-PPQ?s Agriculture Quarantine Inspection Monitoring, 238 air passengers from the Czech Republic were inspected for items of agricultural interest in fiscal year 2000. Of these, 10, or 4.2%, were found to be carrying a total of 17 kg of items that could potentially present a risk for BSE. None of the passengers with items reported plans to visit or work on a farm or ranch while in the US. Source: US Department of Transportation, and APHIS-PPQ Agricultural Quarantine Inspection data base http://www.aphis.usda.gov/vs/ceah/cei/bse_cz0601.htm What are the US imports of affected animals or animal products from Austria? Between 1998 and June 2001, US imports from Austria included goat meat, animal feeds, and sausage. The sausage and animals feeds were from unspecified species. Source: World Trade Atlas snip... What is the level of passenger traffic arriving in the United States from Austria? A total of 168,598 passengers on direct flights from Austria arrived at US airports in fiscal year 2000. An undetermined number of passengers from Austria arrived in the US via indirect flights. Under APHIS-PPQ?s agricultural quarantine inspection monitoring, 565 air passengers from Austria were sampled for items of agricultural interest in fiscal year 2000. Ten (10) of these passengers, or 1.7 percent, carried a total of 23 kg meat (non-pork) items that could potentially harbor the pathogen(s) that cause BSE. None of these passengers from whom meat items were confiscated reported plans to visit or work on a ranch or farm during their visit to the US. Source: US Dept. of Transportation; APHIS-PPQ http://www.aphis.usda.gov/vs/ceah/cei/bse_austria1201.htm Greetings FDA and public, if you go to the below site, and search all BSE known countries and check out their air traffic illegal meat they have confiscated, and check out the low number checked, compared to actual passenger traffic, would not take too much for some nut to bring in FMD/TSEs into the USA as a 'suitcase bomb'. [[Under APHIS-PPQ's agricultural quarantine inspection monitoring, 284 air passengers from Israel were sampled for items of agricultural interest in fiscal year 2001. Seven of these passengers, or 2 percent, carried a total of 11 kg of meat items that could potentially harbor the pathogen that causes BSE. None of these passengers from whom meat items were confiscated reported plans to visit or work on a ranch or farm during their visit to the U.S.]] if they were to have questioned the terrorist that bombed the Twin Towers with jets, if they were to have questioned them at flight school in the USA, i am sure that they would have said they did not intend to visit the Twin Towers as a flying bomb either. what am i thinking, they probably did ask this? stupid me. [[In 1999 a small amount of non-species specific meat and offal was imported and a small amount of fetal bovine serum (FBS) was also imported. FBS is considered to have a relatively low risk of transmitting BSE.]] more of the USA infamous 'non-species coding system', wonder how many of these species are capable of carrying a TSE? snip... A total of 524,401 passengers arrived on direct flights to the U.S. from Israel in fiscal year 2000. This number does not include passengers who arrived in the U.S. from Israel via indirect flights. Under APHIS-PPQ's agricultural quarantine inspection monitoring, 284 air passengers from Israel were sampled for items of agricultural interest in fiscal year 2001. Seven of these passengers, or 2 percent, carried a total of 11 kg of meat items that could potentially harbor the pathogen that causes BSE. None of these passengers from whom meat items were confiscated reported plans to visit or work on a ranch or farm during their visit to the U.S. http://www.aphis.usda.gov/vs/ceah/cei/bse_israel0602.htm Source: U.S. Department of Transportation and APHIS-PPQ Agricultural Quarantine Inspection data base. What is the level of passenger traffic arriving in the United States from Japan? Approximately 6.84 million passengers on 29,826 direct flights from Japan arrived at US airports in fiscal year 2000. An undetermined number of passengers from Japan arrived in the US via indirect flights. Under APHIS-PPQ's agriculture quarantine inspection monitoring, 801 air passengers from Japan were sampled for items of agricultural interest in fiscal year 2000. Of these 801 passengers, 10 carried meat (non-pork) items that could potentially harbor the pathogen(s) that cause BSE; most passengers carried an average of 1.7 kilograms of meat. None of these passengers from whom meat items were confiscated reported plans to visit or work on a ranch or farm during their visit to the US. Source: US Department of Transportation, and APHIS-PPQ Agricultural Quarantine Inspection data base http://www.aphis.usda.gov/vs/ceah/cei/bse_japan0901.htm What is the level of passenger traffic arriving in the United States from the affected country? A total of 3.3 million passengers arrived in the US on direct flights from Germany in 1998, although many of these passengers would not have originated in Germany. As part of APHIS-PPQ's Agriculture Quarantine Inspection Monitoring, 8,247 air passengers from Germany were inspected for items of agricultural interest. Of these, 198, or 2.3%, were found to be carrying a total of 304 kg of items that could potentially present a risk for BSE. Thirty (30) of the passengers with items reported plans to visit or work on a farm or ranch while in the US. Reported destination states of these 30 passengers were CA, CO, DE, FL, LA, MT, OH, VA, and WY. Source: US Department of Transportation, and APHIS-PPQ Agricultural Quarantine Inspection data base http://www.aphis.usda.gov/vs/ceah/cei/bse_germany1200e.htm search archives at bottom of page of each BSE Country; http://www.aphis.usda.gov/vs/ceah/cei/iw_archive.htm more on non-species coding system and TSEs and potential 'suitcase bombs'; To: Bovine Spongiform Encephalopathy Subject: Re: POLAND FINDS 4TH MAD COW CASE/USA IMPORTS FROM POLAND/non-species coding system strikes again References: <3DC198E3.8090704@wt.net> Content-Type: text/plain; charset=ISO-8859-1; format=flowed Content-Transfer-Encoding: 8bit X-Virus-Scanner: Found to be clean Greetings again List Members, let me kick a madcow around here a bit. on the imports from Poland and the infamous USA 'non-species' coding system. the USDA/APHIS states; > During the past four years (1998 - 2001), US imports from > Poland included non-species specific animal products > used in animal feeds and non-species specific sausage and offal > products (Table 3). Given US restrictions on ruminant product > imports, these US imports should not have contained ruminant > material. NOW, if you read Polands GBR risk assessment and opinion on BSE, especially _cross-contamination_, it states; ANNEX 1 Poland - Summary of the GBR-Assessment, February 2001 EXTERNAL CHALLENGE STABILITY INTERACTION OF EXTERNAL CHALLENGE AND STABILITY The very high to extremely high external challenge met a very unstable system and could have led to contamination of domestic cattle in Poland from 1987 onwards. This internal challenge again met the still very unstable system and increased over time. The continuing very high external challenge supported this development. Not OK MBM-ban since 1997, but no feed controls. Reasonably OK Heat treatment equivalent to 133?C / 20min / 3 bar standards, but no evidence provided on compliance. Not OK. No SRM-ban, SRM are rendered and included in cattle feed. BSE surveillance: Not sufficient before 2001. Cross-contamination: Lines for ruminant and non-ruminant feed in feed-mills only separated in time and no analytical controls carried out. Likely present since 1987 and growing. see full text and ANNEX 1 at; http://europa.eu.int/comm/food/fs/sc/ssc/out185_en.pdf so in my humble opinion, the statement by the USDA/APHIS that ''these US imports _should_ not have contained ruminant materials, is a joke. a sad joke indeed. * POLAND BSE GBR RISK ASSESSMENT http://europa.eu.int/comm/food/fs/sc/ssc/out185_en.pdf BSE ISRAEL change in disease status, AND THE DAMN NON-SPECIES CODING SYSTEM $$$ Subject: BSE ISRAEL change in disease status, AND THE DAMN NON- SPECIES CODING SYSTEM $$$ Date: November 1, 2002 at 8:03 am PST [Federal Register: November 1, 2002 (Volume 67, Number 212)] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No. 02-072-2] Change in Disease Status of Israel Because of BSE AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the regulations by adding Israel to the list of regions where bovine spongiform encephalopathy exists because the disease had been detected in a native-born animal in that region. The effect of the interim rule was a restriction on the importation of ruminants, meat, meat products, and certain other products of ruminants that had been in Israel. The interim rule was necessary to help prevent the introduction of bovine spongiform encephalopathy into the United States. EFFECTIVE DATE: The interim rule became effective on June 4, 2002. FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff Veterinarian, 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). In an interim rule effective June 4, 2002, and published in the Federal Register on July 18, 2002 (67 FR 47243-47244, Docket No. 02- 072-1), we amended the regulations in Sec. 94.18 (a)(1) by adding Israel to the list of regions where BSE exists due to the detection of BSE in a native-born animal in that region. Comments on the interim rule were required to be received on or before September 16, 2002. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Orders 12866 and 12988 and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. Regulatory Flexibility Act This action affirms an interim rule that amended the regulations by adding Israel to the list of regions where BSE exists. The effect of the interim rule was a restriction on the importation of ruminants, meat, meat products, and certain other products of ruminants that had been in Israel. The interim rule was necessary to help prevent the introduction of BSE into the United States. The following analysis addresses the economic effects of the interim rule on small entities, as required by the Regulatory Flexibility Act. The interim rule's restrictions on the importation of ruminants and ruminant products and byproducts from Israel are not expected to have a significant impact on a substantial number of small entities due to the fact that the restricted items are either not imported from Israel or are imported in very small amounts. There are three categories of imports that may be affected, but Israel's share of U.S. imports is small in each case. The first category of affected imported commodities is ``Meat and edible meat offal, salted in brine, dried or smoked; edible flours and meals of meat or meat offal.'' Average total yearly imports of these products by the United States over the 3-year period 1999-2001 were valued at $24.6 million. Imports from Israel in 1999 were valued at $26,000. No imports of these products from Israel were reported for 2000 or 2001. The second category of affected commodities is ``Preparations of a kind used in animal feeding.'' Average total yearly imports of these products, 1999-2001, were valued at $93.5 million. Imports from Israel had an average yearly value over this period of about $76,000. The final category of affected commodities is ``Other prepared or preserved meat, meat offal or blood.'' Average yearly imports of these products, 1999-2001, were valued at $101.2 million. Imports from Israel had an average yearly value over this period of about $2.7 million. It is apparent that Israel is a minor supplier to the United States of the ruminant products and byproducts affected by the BSE-related restrictions resulting from the interim rule. Therefore, we do not expect that the interim rule's restrictions on ruminants and ruminant products and byproducts from Israel will substantially affect any U.S. importers, large or small, of those commodities. 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. 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. 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 Accordingly, we are adopting as a final rule, without change, the interim rule that amended 9 CFR part 94 and that was published at 67 FR 47243-47244 on July 18, 2002. Authority: 7 U.S.C. 450, 7711-7714, 7751, 7754, 8303, 8306, 8308, 8310, 8311, and 8315; 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. Done in Washington, DC, this 28th day of October, 2002. Bobby R. Acord, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-27812 Filed 10-31-02; 8:45 am] BILLING CODE 3410-34-P http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname=2002_register&docid=02-27812-filed greetings List members, MORE OF THE INFAMOUS USA NON-SPECIES CODING SYSTEM. as long as the exporting country and the importing country know not what they are exporting (play dumb/stupid), this non-species coding system allows potential BSE/TSE materials to be imported and exported freely and legally... TSS What are the U.S. imports of affected animals or animal products from Israel ? The U.S. imported no live ruminants or ruminant meat from Israel since 1999. In 1999 a small amount of non-species specific meat and offal was imported and a small amount of fetal bovine serum (FBS) was also imported. FBS is considered to have a relatively low risk of transmitting BSE. Other imports from Israel during the period 1998-2001 included non-species specific preparations used in animal feeds and other non-food products of unspecified animals. For the category "preparations used in animal feeding, NESOI" that was imported into the U.S., it is possible that bovine meat or bovine byproducts could have been included in this category. However, the US Food and Drug Administration prohibits feeding of meat-and-bone meal to ruminants in the U.S. HS Code Description Unit 1998 1999 2000 2001 Feed - non species specific Total 45,030 48,000 50,649 43,000 2309909500 Preparations Used in Animal Feedings, NESOI KG 45,030 48,000 50,649 43,000 Meat & offal- non species specific Total 5 0 0 0 300110 Dried Organs KG 5 0 0 0 Other animal products - ruminants Total 24 0 0 0 3002100040 Fetal Bovine Serum (FBS) KG 24 0 0 0 Source: World Trade Atlas What is the level of passenger traffic arriving in the United States from Israel? A total of 524,401 passengers arrived on direct flights to the U.S. from Israel in fiscal year 2000. This number does not include passengers who arrived in the U.S. from Israel via indirect flights. Under APHIS-PPQ?s agricultural quarantine inspection monitoring, 284 air passengers from Israel were sampled for items of agricultural interest in fiscal year 2001. Seven of these passengers, or 2 percent, carried a total of 11 kg of meat items that could potentially harbor the pathogen that causes BSE. None of these passengers from whom meat items were confiscated reported plans to visit or work on a ranch or farm during their visit to the U.S. Source: U.S. Department of Transportation and APHIS-PPQ Agricultural Quarantine Inspection data base. http://www.aphis.usda.gov/vs/ceah/cei/bse_israel0602.htm TSS Terry S. Singeltary Sr. P.O. Box 42 Bacliff, Texas USA 77518 Docket Management Docket: 02N-0276 - Bioterrorism Preparedness; Registration of Food Facilities, Section 305 Comment Number: EC -254 Accepted - Volume 11 http://www.fda.gov/OHRMS/DOCKETS/DOCKETS/02n0276/02N-0276-EC-254.htm TSS

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