39782 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This interim rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts

all State and local laws and regulations

that are in conflict 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 77

Animal diseases, Bison, Cattle,

Incorporation by reference, Reporting

and recordkeeping requirements,

Transportation, Tuberculosis.

Accordingly, we are amending 9 CFR

part 77 as follows:

PART 77—TUBERCULOSIS

1. The authority citation for part 77

continues to read as follows:

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, and 134f; 7 CFR 2.22,

2.80, and 371.2(d).

2. Section 77.3 is amended by revising

paragraph (b) to read as follows:

§ 77.3 Accredited-free States or zones.

* * * * *

(b) The following are accredited-free

zones: None.

* * * * *

3. Section 77.5 is amended by revising

paragraphs (a) and (b) to read as follows:

§ 77.5 Nonmodified accredited States or

zones.

(a) The following are nonmodified

accredited States: Michigan.

(b) The following are nonmodified

accredited zones: None.

* * * * *

Done in Washington, DC, this 22nd day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–16315 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 00–038–1]

Importation of Bovine Parts From

Argentina

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations governing the importation of

certain animals, meat, and other animal

products by prohibiting the importation

from Argentina of any bovine parts that

are not, by standard practice, part of a

bovine carcass that is placed in a chiller

for maturation after slaughter. Items

prohibited from importation include all

parts of bovine heads, feet, hooves, and

internal organs. Additionally, we are

requiring that bovines slaughtered for

the export of fresh beef from Argentina

to the United States undergo ante- and

post-mortem inspections for signs of

foot-and-mouth disease and that

representatives of the Animal and Plant

Health Inspection Service be allowed

access to the establishments where the

bovines are slaughtered. We are also

clarifying some provisions of the

regulations. We are taking these actions

as emergency measures to protect the

livestock of the United States from footand-mouth disease.

DATES: This interim rule is effective

June 28, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by August 28, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–038–

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. 00–038–1.

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.

Gary Colgrove, Director, National Center

for Import and Export, VS, APHIS, 4700

River Road Unit 38, Riverdale, MD

20737–1231; (301) 734–4356.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals and animal products

into the United States to prevent the

introduction of various animal diseases,

including rinderpest, foot-and-mouth

disease (FMD), African swine fever, hog

cholera, and swine vesicular disease.

These are dangerous and destructive

communicable diseases of ruminants

and swine. Section 94.21 of the

regulations allows the importation of

fresh (chilled or frozen) beef from

Argentina, but only under certain

conditions, because fresh beef from

Argentina that does not meet the

required conditions would present an

unacceptable risk of introducing FMD

into the United States.

Maturation Process

Among the conditions for the

importation of fresh beef from Argentina

is the requirement in § 94.21(k) of this

interim rule (designated as § 94.21(h)

prior to this interim rule) that the meat

come from bovine carcasses that have

been allowed to maturate at 40 to 50 °F

(4 to 10 °C) for a minimum of 36 hours

after slaughter and that have reached a

pH of 5.8 or less in the loin muscle at

the end of the maturation period. This

provision goes on to state that if the

meat does not meet this pH level after

60 hours, it may not be exported to the

United States. This requirement is based

on the fact that the FMD virus in meat

is inactivated by acidification, which

occurs naturally during maturation. An

acid environment of a pH of 5.8 or less

destroys the virus quickly.

Section 94.21, paragraph (i), of this

interim rule (designated as § 94.21(i)

prior to this interim rule) provides that

beef from Argentina may not be

exported to the United States unless all

bone, blood clots, and lymphoid tissue

have been removed from the meat. The

removal of these parts is necessary

because any FMD virus these parts

might potentially harbor may not be

inactivated by the maturation process

described above.

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39783

It has come to our attention that, in

some cases, among the bovine parts

being imported into the United States

from Argentina are those that are not, by

standard practice, part of the carcass

that is placed in a chiller for maturation

after slaughter. In the rule we published

in the Federal Register in June 1997

allowing the importation of fresh

(chilled or frozen) beef from Argentina

(62 FR 34385–34394), it was never our

intent that such items be allowed entry

into the United States. When we

referred to fresh (chilled or frozen) beef

in § 94.21, we meant only the traditional

cuts of meat obtained from a bovine’s

carcass, not any part of the animal’s

head, its feet or hooves, or its internal

organs. While portions of a bovine’s

head, feet, hooves, and internal organs

may reach the necessary pH level during

the required maturation process, these

items can contain lymph tissue and

blood clots that may potentially harbor

FMD virus that is not inactivated.

Therefore, we are amending § 94.21 to

prohibit the importation of any bovine

parts that are not, by standard practice,

part of the carcass that is placed in a

chiller for maturation after slaughter.

Included in this prohibition are all parts

of bovine heads, feet, hooves, and

internal organs.

Ante- and Post-Mortem Inspections

Because FMD has a short incubation

period, if animals were infected with

FMD at a premises of origin, it is likely

that lesions would be visible in at least

a few of those animals at the

slaughtering establishment prior to

slaughter. Similarly, post-mortem

inspection of carcasses would be likely

to identify any lesions and vesicles in

animals infected with FMD. At the time

we published our 1997 rule allowing the

importation of fresh beef from

Argentina, it was standard practice in

that country to conduct ante- and postmortem inspections of cattle at

slaughtering establishments, in

accordance with the Animal Health

Code of the Office International des

Epizooties and European Union

requirements. Such inspections

continue to be conducted as routine

procedure.

Because ante- and post-mortem

inspections are carried out as standard

practice in Argentina, we did not

specifically require such inspections in

the regulations. However, because of the

importance of these inspections in

reducing disease risk, we are adding to

§ 94.21 explicit requirements for anteand post-mortem inspections of bovines

slaughtered for the export of fresh beef

from Argentina to the United States.

APHIS Inspection of Slaughtering

Establishments

We are also adding to § 94.21, as a

condition for the importation of fresh

beef from Argentina, that establishments

in which the bovines are slaughtered

allow periodic APHIS inspection of

their facilities, records, and operations.

Prior to this interim rule, § 94.21 already

required that an authorized official of

Argentina certify that the required

conditions for importation have been

met. We continue to believe that, in the

great majority of cases, certification by

an authorized official of Argentina that

the requirements for importation have

been met will be sufficient verification.

However, because of the possibility of

occasional differing interpretations of

the regulations, we consider it advisable

to enable APHIS representatives to have

access to slaughtering establishments for

periodic inspections of the

establishments and their records and

operations.

Meaning of ‘‘Originate’’

One of the conditions for the

importation of fresh beef from Argentina

has been that the beef originate in

Argentina. In order to avoid any

misunderstanding of our intent

regarding the term ‘‘originate,’’ we are

specifying in § 94.21(a) that fresh

(chilled or frozen) beef to be imported

from Argentina must originate from

bovines that were born, raised, and

slaughtered in Argentina. We consider

this change necessary to make it clear

that beef exported from Argentina that

comes from any animals born, raised, or

slaughtered in a country other than

Argentina may not be imported into the

United States.

Blood Clots and Lymphoid Tissue

As discussed above, one of the

requirements for importing fresh beef

from Argentina has been the removal

from the meat of all bone, blood clots,

and lymphoid tissue. Although we

continue to consider the removal of

these parts necessary, we recognize that

meat may contain small portions of

blood clots or lymphoid tissue that are

not visually identifiable as such.

Because such small parts are unlikely to

harbor any FMD virus that is not

inactivated by the process described

above under the heading ‘‘Maturation

Process,’’ and because we recognize that

it would be difficult, if not impossible,

to remove parts of blood clots or

lymphoid tissue that are not

recognizable as such, we are clarifying

in § 94.21(i) that for fresh beef to be

imported from Argentina, all bone and

visually identifiable blood clots and

lymphoid tissue must have been

removed from the meat.

Nonsubstantive Changes

In addition to the changes to the

regulations discussed above, we are

making some nonsubstantive changes to

§ 94.21. In § 94.21(e) (designated as

§ 94.21(g) prior to this interim rule), we

are simplifying the wording of a

condition for importation to state that

‘‘[t]he meat came from bovines that have

never been vaccinated for rinderpest,’’

rather than ‘‘[t]he meat came from

bovines that have not been vaccinated

for rinderpest at any time during the

lifetime of any of the bovines

slaughtered for export of meat,’’ as was

stated prior to this interim rule.

Additionally, we are reordering the

sequence of the provisions in § 94.21 as

follows: Paragraph (b) as set forth prior

to this interim rule becomes paragraph

(f); paragraph (c) becomes paragraph (j);

paragraph (d) becomes paragraph (c);

paragraph (e) becomes paragraph (b);

paragraph (f) becomes paragraph (d);

paragraph (g) becomes paragraph (e);

paragraph (h) becomes paragraph (k);

and paragraph (j) becomes paragraph (l).

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary to protect the livestock of the

United States from FMD.

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 less than 30

days after publication. 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. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This interim rule prohibits the

importation of any bovine parts that are

not, by standard practice, part of the

carcass that is placed in a chiller for

39784 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

maturation after slaughter. It

additionally requires ante- and postmortem inspections of animals from

which fresh beef intended for

importation into the United States

comes, requires that APHIS

representatives be allowed access to

slaughtering establishments for periodic

inspections, and clarifies certain

provisions of the regulations.

Bovine Parts

There are many byproducts of beef

production, including hide, hooves,

tallow, blood meal, bone meal, head

meat, tongue, lungs, tripe, and other

organs. Parts used as food can be

collectively termed edible offal. Exports

of edible offal from the United States are

over 10 times greater than U.S. imports

of these products. This position as a

strong net exporter reflects a domestic

market in which prices are affected

minimally, if at all, by the limited U.S.

demand for imports. Canada, Australia,

and New Zealand are the major foreign

sources of edible offal for the United

States, supplying more than 95 percent

of the products imported.

Edible offal imports from Argentina in

1998 and 1999, the only years for which

such imports are recorded, are relatively

small. They totaled 13.8 metric tons and

460.2 metric tons, respectively, and had

values of $41,000 and $1,052,000.

Although the amount and value of the

importations for 1999 show significant

increases over 1998, they represent only

1.3 percent of U.S. edible offal imports.

Entities Affected

The entities in the United States most

likely to be directly affected by this rule

are meatpacking plants that import

edible offal from Argentina. While there

may be small entities affected by this

rule, their number is not known.

However, because edible offal imports

from Argentina constitute a very small

fraction of edible offal imports overall,

and because U.S. imports of these

products represent less than 10 percent

of U.S. exports of such products, the

effects of this rule on all entities, large

or small, is expected to be insignificant.

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 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 interim 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-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

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).

2. Section 94.21 is revised to read as

follows:

§ 94.21 Restrictions on importation of beef

from Argentina.

Notwithstanding any other provisions

of this part, fresh (chilled or frozen) beef

from Argentina may be exported to the

United States under the following

conditions:

(a) The meat is beef from bovines that

have been born, raised, and slaughtered

in Argentina.

(b) Foot-and-mouth disease has not

been diagnosed in Argentina within the

previous 12 months.

(c) The meat came from bovines that

originated from premises where footand-mouth disease and rinderpest have

not been present during the lifetime of

any bovines slaughtered for the export

of meat to the United States.

(d) The meat came from bovines that

originated from premises on which

ruminants and swine had not been

vaccinated with modified or attenuated

live viruses for foot-and-mouth disease

at any time during the lifetime of the

bovines slaughtered for export of meat

to the United States.

(e) The meat came from bovines that

have never been vaccinated for

rinderpest.

(f) The meat came from bovines that

were moved directly from the premises

of origin to the slaughtering

establishment without any contact with

other animals.

(g) The meat came from bovines that

received ante-mortem and post-mortem

veterinary inspections at the

slaughtering establishment, with no

evidence found of foot-and-mouth

disease.

(h) The beef consists only of bovine

parts that are, by standard practice, part

of the animal’s carcass that is placed in

a chiller for maturation after slaughter.

Bovine parts that may not be imported

include all parts of bovine heads, feet,

hooves, and internal organs.

(i) All bone and visually identifiable

blood clots and lymphoid tissue have

been removed from the meat.

(j) The meat has not been in contact

with meat from regions other than those

listed in § 94.1(a)(2).

(k) The meat came from bovine

carcasses that were allowed to maturate

at 40 to 50 § F (4 to 10 § C) for a

minimum of 36 hours after slaughter

and that reached a pH of 5.8 or less in

the loin muscle at the end of the

maturation period. Any carcass in

which the pH does not reach 5.8 or less

may be allowed to maturate an

additional 24 hours and be retested,

and, if the carcass still does not reach

a pH of 5.8 or less after 60 hours, the

meat from the carcass may not be

exported to the United States.

(l) An authorized official of Argentina

certifies on the foreign meat inspection

certificate that the above conditions

have been met.

(m) The establishment in which the

bovines are slaughtered allows periodic

APHIS inspection of its facilities,

records, and operations.

Done in Washington, DC, this 22nd day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–16314 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 436

RIN 1904–AB07

Energy Savings Performance

Contracting; Technical Amendments

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) is amending the sunset provision