[Federal Register: August 24, 2000 (Volume 65, Number 165)]
[Rules and Regulations]
[Page 51518-51519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au00-5]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 00-030-2]
Change in Disease Status in Denmark Because of BSE
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations by adding Denmark to the list
of regions where bovine spongiform encephalopathy exists because the
disease has been detected in a native-born animal in that region.
Denmark has been listed among the regions that present an undue risk of
introducing bovine spongiform encephalopathy into
[[Page 51519]]
the United States. Therefore, the effect of this final rule is a
continued restriction on the importation of ruminants that have been in
Denmark and meat, meat products, and certain other products of
ruminants that have been in Denmark. This final rule is necessary in
order to update Denmark's disease status regarding bovine spongiform
encephalopathy.
EFFECTIVE DATE: September 25, 2000.
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 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, animal
products, and animal byproducts from ruminants in regions in which BSE
exists, or in which there is an undue risk of introducing BSE into the
United States, 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 regions in which BSE exists, or
ruminants from regions in which there is an undue risk of introducing
BSE into the United States, are imported into the United States.
Denmark has been listed in Sec. 94.18(a)(2) as a region that
presents an undue risk of introducing BSE into the United States.
However, on February 25, 2000, Denmark's Ministry of Agriculture
confirmed a case of BSE in a native-born animal. Therefore, on May 17,
2000, we published in the Federal Register (65 FR 31290-31291, Docket
00-030-1) a proposal to amend the regulations by adding Denmark to the
list in Sec. 94.18(a)(1) of regions where BSE exists. Regions on both
lists are subject to the same restrictions on the importation of
ruminants, meat, meat products, and certain other products of
ruminants, into the United States.
We solicited comments concerning our proposal for 60 days ending
July 17, 2000. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 Denmark to the list of
regions where BSE exists because the disease has been detected in a
native-born animal in that region.
Denmark has been 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, meat, meat products, and certain other
products of ruminants that have been in that region. Therefore, this
final rule will not result in any change in the rules that apply to the
importation of ruminants, meat, meat products, or other products of
ruminants that have been in Denmark.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant 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 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 final 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: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C.
7701-7772; 7 U.S.C. 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 371.4.
Sec. 94.18 [Amended]
2. Section 94.18 is amended as follows:
a. In paragraph (a)(1), by adding the word ``Denmark,'' in
alphabetical order.
b. In paragraph (a)(2), by removing the word ``Denmark,''.
Done in Washington, DC this 18th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21650 Filed 8-23-00; 8:45 am]
BILLING CODE 3410-34-U
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