Change in Disease Status of Liechtenstein Because of BSE

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-119-1]

Change in Disease Status of Liechtenstein 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 Liechtenstein to the

list of regions where bovine spongiform encephalopathy exists because

the disease has been detected in two bovine animals in that region. The

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

ruminants that have been in Liechtenstein and meat, meat products, and

certain other edible products of ruminants that have been in

Liechtenstein. This action is necessary to reduce the risk that bovine

spongiform encephalopathy could be introduced into the United States.

DATES: Interim rule effective December 18, 1998. Consideration will be

given only to comments received on or before February 22, 1999.

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

Docket No. 98-119-1, 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. 98-119-1. 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. Gary Colgrove, Chief Staff

Veterinarian, National Center for Import and Export, VS, APHIS, 4700

River Road Unit 38, Riverdale, MD 20737-1231, (301) 734-8364.

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, 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 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. These regions are listed in Sec. 94.18 of the regulations.

Furthermore, Sec. 93.404(a)(3) states that the Animal and Plant Health

Inspection Service may deny the importation of ruminants from regions

where a communicable disease such as BSE exists.

Liechtenstein's Ministry of Agriculture has reported and confirmed

that BSE was diagnosed in two bovine animals born in Liechtenstein. In

order to reduce the risk of introducing BSE into the United States, we

are, therefore, amending Sec. 94.18(a)(1) by adding Liechtenstein to

the list of regions where BSE is known to exist. Thus, we are

prohibiting or restricting the importation into the United States of

ruminants that have been in Liechtenstein, and meat, meat products, and

certain other edible products of ruminants that have been in

Liechtenstein.

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

action 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. The document 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 Liechtenstein to the list of regions where BSE

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

from Liechtenstein's Ministry of Agriculture, which confirmed that two

cases of BSE have occurred in Liechtenstein.

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.

[[Page 71210]]

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

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, 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: 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)(1) is amended by adding the word

``Liechtenstein,'' immediately after ``the Republic of Ireland,''.

Done in Washington, DC this 18th day of December 1998.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-34089 Filed 12-23-98; 8:45 am]

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