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

22425

Vol. 66, No. 87

Friday, May 4, 2001

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 01–008–1]

Change in Disease Status of Germany,

Italy, and Spain Because of BSE

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations by adding Germany, Italy,

and Spain to the list of regions where

bovine spongiform encephalopathy

exists because the disease has been

detected in native-born animals in those

regions. Germany, Italy, and Spain are

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 Germany, Italy, or Spain

and meat, meat products, and certain

other products of ruminants that have

been in Germany, Italy, or Spain. This

action is necessary in order to update

the disease status of Germany, Italy, and

Spain regarding bovine spongiform

encephalopathy.

DATES: This interim rule was effective

April 30, 2001. We invite you to

comment on this docket. We will

consider all comments that we receive

by July 3, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 01–008–1,

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. 01–008–1.

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, 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 that

have been 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 the regions 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 those regions, and § 96.2

prohibits the importation of casings,

except stomach casings, from ruminants

that have been in any of these regions.

Additionally, the 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, Germany, Italy, and Spain

are 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

November 26, 2000, a case of BSE was

confirmed in a native-born animal in

Germany; on January 12, 2001, a case of

BSE was confirmed in a native-born

animal in Italy; and on November 22,

2000, a case of BSE was confirmed in a

native-born animal in Spain. Therefore,

in order to update the disease status of

these three regions regarding BSE, we

are amending the regulations by

removing Germany, Italy, and Spain

from the list in § 94.18(a)(2) of regions

that present an undue risk of

22426 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

introducing BSE into the United States

and adding Germany, Italy, and Spain to

the list in § 94.18(a)(1) of regions where

BSE is known to exist. The effect of this

action is a continued restriction on the

importation of ruminants that have been

in Germany, Italy, or Spain and on the

importation of meat, meat products, and

certain other products and byproducts

of ruminants that have been in

Germany, Italy, and Spain.

Emergency Action

This rulemaking is necessary on an

emergency basis to update the disease

status of Germany, Italy, and Spain

regarding BSE. Under these

circumstances, the Administrator has

determined that prior notice and

opportunity for public comment are

contrary to the public interest and that

there is good cause under 5 U.S.C. 553

for making this rule effective less than

30 days after publication in the Federal

Register.

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 that 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

under Executive Order 12866.

We are amending the regulations by

adding Germany, Italy, and Spain to the

list of regions where BSE exists because

the disease has been detected in nativeborn animals in those regions. Germany,

Italy, and Spain are 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 and byproducts of

ruminants that have been in the region.

Therefore, this action, which is

necessary in order to update the disease

status of Germany, Italy, and Spain

regarding BSE, will not result in any

change in the restrictions that apply to

the importation of ruminants and meat,

meat products, and certain other

products and byproducts of ruminants

that have been in Germany, Italy, or

Spain.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic 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. 450, 7711, 7712, 7713,

7714, 7751, and 7754; 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 371.4.

§ 94.18 [Amended]

2. Section 94.18 is amended as

follows:

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

alphabetical order, the words

‘‘Germany,’’, ‘‘Italy,’’, and ‘‘Spain,’’.

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

words ‘‘Germany,’’, ‘‘Italy,’’, and

‘‘Spain,’’.

Done in Washington, DC, this 30th day of

April 2001.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 01–11247 Filed 5–3–01; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM190, Special Conditions No.

25–178–SC]

Special Conditions: Bombardier Inc.

Model CL–600–1A11 Airplane; HighIntensity Radiated Fields (HIRF)

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued for Bombardier Inc. Model CL–

600–1A11 airplanes modified by

Duncan Aviation, Inc. These modified

airplanes will have novel and unusual

design features when compared to the

state of technology envisioned in the

airworthiness standards for transport

category airplanes. The modification

incorporates the installation of dual

Attitude Heading Reference Systems

(AHRS) as well as a new Electronic

Flight Information System (EFIS) that

displays critical flight parameters to the

flightcrew. The applicable airworthiness

standards do not contain adequate or

appropriate safety standards for the

protection of these systems from the

effects of high-intensity radiated fields.

The special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

that provided by the existing

airworthiness standards.

DATES: The effective date of these

special conditions is April 25, 2001.

Comments must be received on or

before June 4, 2001.

ADDRESSES: Comments on these special

conditions may be mailed in duplicate

to: Federal Aviation Administration,

Transport Airplane Directorate, Attn:

Rules Docket (ANM–114), Docket No.

NM190, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056; or

delivered in duplicate to the Transport

Airplane Directorate at the above

address. Comments must be marked:

Docket No. NM190. Comments may be

inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Mark Quam, FAA, Standardization

Branch, ANM–113, Transport Airplane

Directorate, Aircraft Certification

Service, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056;

telephone (425) 227–2145; facsimile

(425) 227–1149.