31290 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Proposed Rules

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 00–030–1]

Change in Disease Status of Denmark

Because of BSE

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

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 is currently listed among the

regions that present an undue risk of

introducing bovine spongiform

encephalopathy into the United States.

Therefore, the effect of this action 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 action is

necessary in order to update Denmark’s

disease status regarding bovine

spongiform encephalopathy.

DATES: We invite you to comment on

this docket. We will consider all

comments that we receive by July 17,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–030–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238.

Please state that your comment refers

to Docket No. 00–030–1.

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.

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 in which there

is an undue risk of introducing BSE into

the United States, 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.

In § 94.18, paragraph (a)(1) 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 they have inadequate

surveillance. In § 94.18, paragraph (b)

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) 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 these

regions, and § 96.2 prohibits the

importation of casings, except stomach

casings, from ruminants that have been

in any of these regions. Furthermore,

regulations in 9 CFR part 93 pertaining

to the importation of live animals

provide that APHIS may deny 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

§ 93.404(a)(3)).

Currently, Denmark is among the

regions listed in § 94.18(a)(2), which are

regions that present an undue risk of

introducing BSE into the United States.

However, on February 25, 2000, a case

of BSE was confirmed in a native-born

animal by Denmark’s Ministry of

Agriculture. Therefore, in order to

update Denmark’s disease status

regarding BSE, we are proposing to

amend the regulations by removing

Denmark from the list of regions in

§ 94.18(a)(2) that present an undue risk

of introducing BSE into the United

States and adding Denmark to the list of

regions in § 94.18(a)(1) where BSE is

known to exist. The effect of this

proposed action is a continued

restriction on the importation of

ruminants that have been in Denmark

and meat and meat products, and

certain other products of ruminants that

have been in Denmark.

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 proposing to amend 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 is currently 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 and

meat, meat products, and most other

products of ruminants that have been in

the region. Therefore, this proposed

action will not result in any change in

the rules that apply to the importation

of ruminants or meat, meat products,

and certain 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 would not

Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Proposed Rules 31291

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subject in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, we propose to amend 9

CFR part 94 as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH 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

would continue 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).

§ 94.18 [Amended]

2. Section 94.18 would be amended as

follows:

a. In paragraph (a)(1), by adding the

word ‘‘Denmark,’’ immediately after

‘‘Belgium,’’.

b. In paragraph (a)(2) by removing the

word ‘‘Denmark,’’.

Done in Washington, DC, this 12th day of

May 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–12438 Filed 5–16–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–10–AD]

Airworthiness Directives; Bell

Helicopter Textron Canada Model 407

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to Bell

Helicopter Textron Canada (BHTC)

Model 407 helicopters, that currently

requires installing a tail rotor pitchlimiting left-pedal stop (pedal stop),

installing an airspeed limitation

placard, marking a never-exceed

velocity (Vne) placard on all airspeed

indicators, and revising the Limitations

section of the Rotorcraft Flight Manual

(RFM). This action would require

installing a redesigned tail rotor system

and modifying the vertical fin and

horizontal stabilizer to allow restoring

the Vne to 140 knots indicated airspeed

(IAS). This proposal is prompted by

design changes to the tail rotor system

and modification of the pedal stop for

airspeed actuation to eliminate a tail

rotor strike to the tailboom. The actions

specified by the proposed AD are

intended to prevent the tail rotor blades

from striking the tailboom, separation of

the aft section of the tailboom with the

tail rotor gearbox and vertical fin, and

subsequent loss of control of the

helicopter.

DATES: Comments must be received on

or before June 16, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

10–AD, 2601 Meacham Blvd., Room

663, Fort Worth, Texas 76137. You may

also send comments electronically to

the Rules Docket at the following

address: 9-asw-adcomments@faa.gov.

Comments may be inspected at the

Office of the Regional Counsel between

9:00 a.m. and 3:00 p.m., Monday

through Friday, except Federal holidays.

The service information referenced in

the proposed rule may be obtained from

BHTC, 12,800 Rue de l’Avenir, Mirabel,

Quebec JON1LO, telephone (800) 463–

3036, fax (514) 433–0272. This

information may be examined at the

FAA, Office of the Regional Counsel,

Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT:

Sharon Miles, Aviation Safety Engineer,

FAA, Rotorcraft Directorate, Regulations

Group, Fort Worth, Texas 76193–0111,

telephone (817) 222–5122, fax (817)

222–5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their mailed

comments submitted in response to this

notice must submit a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. 2000–SW–

10–AD.’’ The postcard will be date

stamped and returned to the

commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Office of the Regional Counsel,

Southwest Region, Attention: Rules

Docket No. 2000–SW–10–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

On March 30, 1999, the FAA issued

AD 99–06–15, Amendment 39–11111

(64 FR 16801, April 7, 1999), to require

installing a pedal stop and adjusting the

rigging of the directional controls,

installing an airspeed limitation

placard, marking a new never-exceed

velocity (Vne) limit on all airspeed

indicators, and revising the Limitations

section of the RFM. That action was