Change in Disease Status of The Netherlands Because of BSE

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-034-1]

Change in Disease Status of The Netherlands 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 our regulations by adding The Netherlands to

the list of countries where bovine spongiform encephalopathy (BSE)

exists because the disease has been detected in a cow in that country.

The effect of this action is to prohibit or restrict the importation of

certain fresh, chilled, and frozen meat, and certain other animal

products and animal byproducts from ruminants which have been in The

Netherlands. This action is necessary to reduce the risk that BSE could

be introduced into the United States.

DATES: Interim rule effective April 10, 1997. Consideration will be

given only to comments received on or before June 16, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 97-034-1, 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. 97-034-1. 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. John Cougill, Staff Veterinarian,

Animal Products Program, National Center for Import and Export, VS,

APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-

3399; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR parts 94 and 95 (referred to below as the

regulations) govern the importation of meat, animal products, animal

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 countries in which

BSE exists, are imported into the United States and are fed to

ruminants in the United States.

Sections 94.18 and 95.4 of the regulations prohibit and restrict

the importation of certain meat, animal products, and animal byproducts

from ruminants which have been in countries in which BSE exists. These

countries are listed in Sec. 94.18 of the regulations.

The Netherlands' Ministry of Agriculture has reported a case of BSE

in The Netherlands. BSE was confirmed by histopathological examination

according to standardized procedures for the diagnosis of BSE. The

Netherlands' Ministry of Agriculture confirmed that BSE was in a cow

born in The Netherlands. The exposure of this animal to the BSE agent

could only have occurred in The Netherlands. In order to reduce the

risk of introducing BSE into the United States, we are, therefore,

adding The Netherlands to the list of countries where BSE is known to

exist. Thus, we are prohibiting or restricting the importation into the

United States of certain fresh, chilled, and frozen meat, and certain

animal products and animal byproducts from ruminants which have been in

The Netherlands.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

necessary to prevent the introduction of BSE 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. 553 to make this

rule effective upon signature. 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 action adds The Netherlands to the list of countries where BSE

exists. We are taking this action based on reports we have received

from The Netherlands' Ministry of Agriculture, which confirmed that a

case of BSE has occurred in The Netherlands.

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 that this rule will

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 no

retroactive effect; and (3) does not require administrative proceedings

[[Page 18264]]

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This 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, 9 CFR part 94 is amended 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. In Sec. 94.18, paragraph (a) is amended by adding the words

``The Netherlands,'' immediately after ``Great Britain.''

Done in Washington, DC, this 10th day of April 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-9633 Filed 4-14-97; 8:45 am]

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