Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations 29899

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.

§ 94.1 [Amended]

2. Paragraph (a)(1) of § 94.1 is

amended by removing the words

‘‘Except as provided in § 94.21,

rinderpest’’ and replacing them with the

word ‘‘Rinderpest’’.

§ 94.4 [Amended]

3. Section 94.4 is amended as follows:

a. Paragraph (a) is amended by

removing the words ‘‘Except for cured

beef from Argentina that meets the

requirements for the importation of

fresh, chilled or frozen, beef as provided

in § 94.21, the’’ and replacing them with

the word ‘‘The’’.

b. Paragraph (b) is amended by

removing the words ‘‘Except for cooked

beef from Argentina that meets the

requirements for the importation of

fresh, chilled or frozen, beef as provided

in § 94.21, the’’ and replacing them with

the word ‘‘The’’.

§ 94.21 [Removed and reserved]

4. Section 94.21 is removed and

reserved.

Done in Washington, DC, this 29th day of

May 2001.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 01–13914 Filed 6–1–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 01–029–1]

Change in Disease Status of the

Republic of San Marino and the

Independent Principalities of Andorra

and Monaco

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations by adding the Republic of

San Marino and the independent

principalities of Andorra and Monaco to

the list of regions that present an undue

risk of introducing bovine spongiform

encephalopathy into the United States

because their import requirements are

less restrictive than those required for

import into the United States and/or

because of inadequate surveillance. The

effect of this action is a restriction on

the importation of ruminants that have

been in Andorra, Monaco, or San

Marino and meat, meat products, and

certain other products of ruminants that

have been in Andorra, Monaco, or San

Marino. This action is necessary in

order to prevent the introduction of

bovine spongiform encephalopathy into

the United States.

DATES: This interim rule was effective

May 29, 2001. We invite you to

comment on this docket. We will

consider all comments that we receive

by August 3, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 01–029–1,

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. 01–029–1.

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 cattle

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, 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 with BSE

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. Paragraph (b)

of § 94.18 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) of § 94.18 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.

Additionally, the regulations in 9 CFR

part 93 pertaining to the importation of

live animals provide that the Animal

and Plant Health Inspection Service

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)).

The Republic of San Marino and the

independent principalities of Andorra

and Monaco supplement their food

supplies with animals and animal

products from their neighboring

countries. The presence of BSE has been

confirmed in both France, which

borders Andorra and Monaco, and Italy,

which borders San Marino. Andorra

also borders Spain, which is listed at

94.18(a)(2) as a region that presents an

undue risk of introducing BSE into the

United States. Additionally, Andorra,

29900 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

Monaco, and San Marino rely on the

veterinary infrastructures of their

neighboring countries and cannot,

themselves, provide adequate

surveillance.

Therefore, in order to prevent the

introduction of BSE into the United

States, we are amending the regulations

by adding Andorra, Monaco, and San

Marino to the list in § 94.18(a)(2) of

regions that present an undue risk of

introducing BSE into the United States

because their import requirements are

less restrictive than those required for

import into the United States and/or

because of inadequate surveillance to

detect the presence of BSE. The effect of

this action is a restriction on the

importation of ruminants that have been

in Andorra, Monaco, or San Marino and

on the importation of meat, meat

products, and certain other products

and byproducts of ruminants that have

been in Andorra, Monaco, or San

Marino.

Emergency Action

This rulemaking is necessary on an

emergency basis to prevent the

introduction of BSE into the United

States. 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 the Republic of San Marino and

the independent principalities of

Andorra and Monaco to the list of

regions that present an undue risk of

introducing BSE into the United States

because their import requirements are

less restrictive than those required for

import into the United States and/or

because of inadequate surveillance to

detect the presence of BSE. Therefore,

the effect of this action is a restriction

on the importation of ruminants that

have been in Andorra, Monaco, or San

Marino and meat, meat products, and

certain other products of ruminants that

have been in Andorra, Monaco, or San

Marino. This action is necessary in

order to prevent the introduction of BSE

into the United States.

There is no history of importations of

live animals or of animal products into

the United States from Andorra,

Monaco, or San Marino. Therefore, no

economic effect on U.S. entities, small

or otherwise, is expected to occur as a

result of this interim rule.

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. Paragraph (a)(2) of § 94.18 is

amended by adding, in alphabetical

order, the words ‘‘Andorra,’’,

‘‘Monaco,’’, and ‘‘San Marino,’’.

Done in Washington, DC, this 29th day of

May 2001.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 01–13913 Filed 6–1–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–72–AD; Amendment

39–12247; AD 2001–10–04 R1]

RIN 2120–AA64

Airworthiness Directives; Air Tractor,

Inc. AT–400, AT–500, and AT–800

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises AD

2001–10–04, which concerns certain Air

Tractor, Inc. (Air Tractor) AT–400, AT–

500, and AT–800 series airplanes. AD

2001–10–04 superseded AD 2000–14–51

and lowers the safe life for the wing

lower spar cap on these airplanes. The

AD was the result of numerous reports

of cracks in the 3/8-inch bolthole of the

wing lower spar cap on the affected

airplanes. We inadvertently included

certain AT–800 series airplanes in the

Applicability of this AD. Those AT–800

series airplanes that are equipped with

the factory-supplied part number 80540

computerized fire gate should not be

affected by AD 2001–10–04. This action

revises the AD to reflect this change and

to provide information for applying for

an alternative method of compliance

with this AD. The actions specified by

this AD are intended to prevent fatigue

cracks from occurring in the wing lower

spar cap before the originally

established safe life is reached. Fatigue

cracks in the wing lower spar cap, if not

detected and corrected, could result in

the wing separating from the airplane

during flight.

DATES: This AD becomes effective on

June 8, 2001.

The Director of the Federal Register

previously approved the incorporation

by reference of certain publications

listed in the regulation as of June 8,

2001 (66 FR 27014, May 16, 2001).

The Federal Aviation Administration

(FAA) must receive any comments on

this rule on or before July 13, 2001.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office