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Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products; Final Rule

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Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products; Final Rule Vol. 78 Wednesday, No. 233 December 4, 2013 Part II Department of Agriculture Animal and Plant Health Inspection Service 9 CFR Parts 92, 93, 94, et al. Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products; Final Rule VerDate Mar<15>2010 18:50 Dec 03, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04DER2.SGM 04DER2 maindgalligan on DSK5TPTVN1PROD with RULES 72980 Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations DEPARTMENT OF AGRICULTURE Center for Import and Export, VS, Summary of the Major Provisions of the APHIS, 4700 River Road, Unit 39, Regulatory Action Animal and Plant Health Inspection Riverdale, MD 20737–1231; 301–851– The current regulations prohibit the Service 3300. importation of live ruminants and most For information regarding ruminant ruminant products from regions that 9 CFR Parts 92, 93, 94, 95, 96, and 98 products and for other information have BSE or that present an undue risk regarding this rule, contact Dr. [Docket No. APHIS–2008–0010] for BSE. The regulations are less Christopher Robinson, Assistant restrictive for ruminants and ruminant RIN 0579–AC68 Director, Technical Trade Services, products from BSE minimal-risk regions Animal Products, National Center for (currently only Canada). Additionally, Bovine Spongiform Encephalopathy; Import and Export, VS, APHIS, 4700 the regulations allow the importation of Importation of Bovines and Bovine River Road, Unit 38, Riverdale, MD boneless beef from Japan even though Products 20737–1231; 301–851–3300. Japan is listed as a region that has BSE. AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: We are replacing the current BSE Inspection Service, USDA. I. Executive Summary regulations that apply to bovines (cattle ACTION: Final rule. and bison) with import conditions based Need for the Regulatory Action on the inherent risk of BSE infectivity SUMMARY: We are amending the The conditions we are adopting for regulations that govern the importation in specified commodities, as well as on the importation of specified bovine of animals and animal products to the BSE risk status of the region in commodities are based on revise the conditions for the importation which the commodities originate. We internationally accepted scientific of live bovines and products derived are establishing a system for classifying literature and are, in general, consistent from bovines with regard to bovine regions as to BSE risk that is consistent with World Organization for Animal spongiform encephalopathy (BSE). We with the system employed by the OIE, Health (OIE) guidelines. We are making are basing importation conditions on the the international standard-setting these amendments after conducting a inherent risk of BSE infectivity in organization for guidelines related to thorough review of relevant scientific specified commodities, as well as on the animal health. We are also classifying literature and a comprehensive BSE risk status of the region in which certain specified countries as to BSE evaluation of the issues and concluding the commodities originate. We are risk. We are also removing BSE that the changes we are making to the establishing a system for classifying restrictions on the importation of regulations will continue to guard regions as to BSE risk that is consistent cervids and camelids and products against the introduction of bovine with the system employed by the World derived from such animals. spongiform encephalopathy (BSE) into Organization for Animal Health (OIE), the United States, while allowing the Costs and Benefits the international standard-setting importation of additional animals and Consumers benefit from imports to organization for guidelines related to animal products into this country. the extent that consumer choice is animal health. The conditions we are The OIE recognizes three broadened and the increased supply of adopting for the importation of specified classifications of countries for BSE: the imported commodity leads to a price commodities are based on Negligible risk, controlled risk, and decline. We anticipate that the rule will internationally accepted scientific undetermined risk. The OIE guidelines have little impact on consumer choice literature, and are, in general, consistent recommend that countries allow trade or import volumes, and therefore little with guidelines set out in the OIE’s in certain bovine commodities from all or no impact on U.S. businesses as well. Terrestrial Animal Health Code. We are three classifications under conditions Although the impact of this rule on U.S. also classifying certain specified commensurate with their BSE risk. This consumers and producers is expected to countries as to BSE risk and are final rule generally aligns U.S. be minimal, the benefits of the rule are removing BSE restrictions on the regulations with the OIE guidelines and expected to justify its costs. importation of cervids and camelids and demonstrates to the international products derived from such animals. We community the commitment of the II. Background are making these amendments after United States to base its BSE regulations In order to guard against the conducting a thorough review of on internationally accepted scientific introduction and spread of animal relevant scientific literature and a literature. diseases, APHIS, an agency of the U.S. comprehensive evaluation of the issues Department of Agriculture (USDA or and concluding that the changes to the Legal Authority for the Regulatory Department), regulates the importation regulations will continue to guard Action of animals and animal products into the against the introduction of BSE into the Under the Animal Health Protection United States. The regulations in 9 CFR United States, while allowing the Act (AHPA, 7 U.S.C. 8301 et seq.), the parts 92, 93, 94, 95, 96, and 98 (referred importation of additional animals and Secretary of Agriculture has the to below as the regulations) govern the animal products into this country. authority to issue orders and promulgate importation of certain animals, meat, DATES: This rule is effective March 4, regulations to prevent the introduction other animal products and byproducts, 2014. The incorporation by reference of into the United States and the hay, and straw into the United States in the material described in the rule is dissemination within the United States order to prevent the introduction of approved by the Director of the Federal of any pest or disease of livestock. The various animal diseases. Register as of March 4, 2014. Animal and Plant Health Inspection On March 16, 2012, we published in FOR FURTHER INFORMATION CONTACT: For Service’s (APHIS’) regulations in title 9 the Federal Register (77 FR 15848– information concerning live ruminants, of the Code of Federal Regulations, 15913, Docket No. APHIS–2008–0010) a contact Dr. Betzaida Lopez, Import subchapter D, govern the exportation proposal 1 to amend the regulations that Animal Staff Veterinarian, Technical and importation of animals (including Trade Services, Animals, Organisms and poultry) and animal products from and 1 To view the proposed rule, supporting Vectors, and Select Agents, National into the United States. documents, and the comments we received, go to VerDate Mar<15>2010 18:50 Dec 03, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\04DER2.SGM 04DER2 maindgalligan on DSK5TPTVN1PROD with RULES Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations 72981 govern the importation of animals and number of questions and concerns about The terminology regarding ‘‘cattle of animal products to revise the conditions the proposed rule. These comments and any age’’ that we used in our September for the importation of live bovines and concerns are discussed below by topic. 2008 request for comments was products derived from bovines with consistent with that which we used in General Concerns regard to BSE. Specifically, we proposed the risk analysis for our January 2005 to base our importation conditions on One commenter stated that APHIS did final rule. The commenter stated that the inherent risk of BSE infectivity in not give appropriate consideration to, this terminology was not consistent specified commodities, as well as the and in some cases did not address at all, with the risk assessment which BSE risk status of the region in which some of the concerns raised by the supported the January 2005 final rule. the commodities originate, consistent public on the notice requesting We note that the risk analysis that with the OIE’s Terrestrial Animal Health comment on the delay of applicability of accompanied the January 2005 final rule Code. We proposed to establish a system certain provisions of the rule titled stated: ‘‘It is important to note the for classifying regions as to BSE risk that ‘‘BSE; Minimal-Risk Regions and following change in the final rule. In its is consistent with the system employed Importation of Meat, Meat Byproducts, proposed rule, APHIS restricted beef by the OIE. The conditions we proposed and Meat Food Products Derived from imported from Canada to meat derived for the importation of specified Bovines 30 Months of Age or Older’’ from cattle under 30 months of age. This commodities are based on (the OTM [i.e., over 30 months] rule) (73 requirement has been removed in the internationally accepted scientific FR 54083–54089, Docket No. APHIS– final rule, and beef from animals of any literature and, are, in general, consistent 2008–0093). age will be allowed to be imported from with the guidelines set out in the OIE’s APHIS disagrees. In the proposed a Minimal Risk region.’’ In the January Terrestrial Animal Health Code. We also rule, we responded to comments on our 2005 final rule, we explained that we proposed to classify certain specified removal of the delay of applicability of did not believe this requirement was countries as to BSE risk and proposed provisions of our January 2005 final necessary, provided that measures to remove BSE restrictions on the rule.
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