This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18263

Vol. 62, No. 72

Tuesday, April 15, 1997

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.

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:

jcougill@aphis.usda.gov.

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 § 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
18264 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

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-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).

§ 94.18 [Amended]

2. In § 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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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ANE–02]

Amendment to Class E Airspace; New

Haven, CT

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This action confirms the

effective date of a direct final rule which

modified the Class E airspace at New

Haven, CT (KHVN) by removing the

Class E airspace extending upward from

the surface, effective during the times

when the Airport Traffic Control Tower

(ATCT) is not operating. The final rule

resulted from the lack of continuous

weather reporting at Tweed-New Haven

Municipal Airport.

EFFECTIVE DATE: The direct final rule

was effective on 0901 UTC, March 27,

1997.

FOR FURTHER INFORMATION CONTACT:

Raymond Duda, Operations Branch,

ANE–530.3, Federal Aviation

Administration, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone: (617) 238–7533; fax

(617) 238–7596.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on February 7, 1997 (62 FR

5755). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

March 27, 1997. No adverse comments

were received, and thus this document

confirms that the final rule became

effective on that date.

Issued in Burlington, MA, on April 8, 1997.

John J. Boyce,

Assistant Manager, Air Traffic Division, New

England Region.

[FR Doc. 97–9578 Filed 4–14–97; 8:45 am]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–AWP–32]

Amendment of Class E Airspace,

Battle Mountain, NV; Correction

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects errors in

the airspace description of a final rule

that was published in the Federal

Register on March 21, 1997 (62 FR

13537), Airspace Docket No. 96–AWP–

32. That final rule amended the Class E

airspace area at Battle Mountain, NV.

EFFECTIVE DATE: 0901 UTC May 22,

1997.

FOR FURTHER INFORMATION CONTACT:

William Buck, Airspace Specialist,

Operations Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California, 90261,

telephone (310) 725–6556.

SUPPLEMENTARY INFORMATION:

History

Federal Register Document 97–7225,

Airspace Docket No. 96–AWP–32,

published on March 21, 1997 (62 FR

13537), amended the airspace

description of the Class E airspace area

at Battle Mountain, NV. An error was

discovered in the airspace description

for the Battle Mountain, NV, Class E

airspace area. This action corrects that

error.

Correction to Final Rule

Accordingly, pursuant to the

authority delegated to me, the airspace

description for the Class E airspace area

at Battle Mountain, NV, which is

incorporated by reference in § 71.1, as

published in the Federal Register on

March 21, 1997 (62 FR 13537), (Federal

Register Document 97–7225; page

13537, column 3) is corrected to read as

follows:

§ 71.1 [Corrected]

* * * * *

AWP NV E5 Battle Mountain, NV

[Corrected]

Battle Mountain Airport, NV

(Lat. 40°35′57′′ N, long. 116°52′28′′ W)

Battle Mountain VORTAC

(Lat. 40°34′09′′ N, long. 116°55′20′′ W)

That airspace extending upward from 700

feet above the surface within a 4.3-mile

radius of the Battle Mountain Airport and

within 4.3 miles southeast and 11.7 miles

northwest of the Battle Mountain VORTAC

218° radial extending from the Battle

Mountain VORTAC to 25 miles southwest of

the VORTAC. That airspace extending

upward from 1,200 feet above the surface

within 8.7 miles southeast and 11.7 miles

northwest of the Battle Mountain VORTAC

218° and 038° radials extending from 25

miles southwest to 10.4 miles northeast of

the Battle Mountain VORTAC and within 5.6

miles south and 7.8 miles north of the Battle

Mountain VORTAC 077° and 257° radials,

extending from 7 miles west to 16.1 miles

east of the Battle Mountain VORTAC.

* * * * *

Issued in Los Angeles, California, on April

2, 1997.

Sabra W. Kaulia,

Assistant Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–9576 Filed 4–14–97; 8:45 am]

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