[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31939-31940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-13440]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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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 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.
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
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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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