Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations 29897

10. In § 353.110, paragraph (b) is

revised to read as follows:

§ 353.110 OPM Placement Assistance.

* * * * *

(b) Employee returning from

compensable injury. OPM will provide

placement assistance to an employee

with restoration rights in the executive,

legislative, or judicial branches who

cannot be placed in his or her former

agency and who either has competitive

status or is eligible to acquire it under

5 U.S.C. 3304(C). If the employee’s

agency is abolished and its functions are

not transferred, or it is not possible for

the employee to be restored in his or her

former agency, the employee is eligible

for placement assistance under the

Interagency Career Transition

Assistance Plan (ICTAP) under part 330,

subpart G, of this chapter. This

paragraph does not apply to an

employee serving under a temporary

appointment pending establishment of a

register (TAPER).

[FR Doc. 01–13917 Filed 6–1–01; 8:45 am]

BILLING CODE 6325–38–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 01–032–1]

Prohibition of Beef From Argentina

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations by removing the provisions

for the importation of fresh (chilled or

frozen) beef from Argentina and by

removing the exemptions that allowed

cured or cooked beef to be imported

from Argentina under certain conditions

without meeting the requirements of the

regulations regarding cured and cooked

meat from regions where rinderpest or

foot-and-mouth disease exists. We are

taking these actions because the

existence of foot-and-mouth disease has

been confirmed in that country. The

effect of these actions is to prohibit the

importation of any fresh (chilled or

frozen) beef from Argentina and to

prohibit the importation of any cooked

or cured beef from Argentina that does

not meet the requirements of the

regulations regarding cured and cooked

meat from regions where rinderpest or

foot-and-mouth disease exists. We are

taking these actions as an emergency

measure to protect the livestock of the

United States from foot-and-mouth

disease.

DATES: This interim rule was effective

on February 19, 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. 01–032–1,

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. 01–032–1.

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, Chief Staff Veterinarian,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 38,

Riverdale, MD 20737–1231; (301) 734–

3276.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation of specified

animals and animal products into the

United States in order 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 94.1 of the

regulations lists regions of the world

that are declared free of rinderpest or

free of both rinderpest and FMD.

Rinderpest or FMD exists in all other

regions of the world not listed.

Although Argentina is currently not

listed in § 94.1, the regulations do

provide for the importation of fresh

(chilled or frozen) beef from Argentina

under certain conditions. Specifically,

under § 94.21, fresh (chilled or frozen)

beef may be imported from Argentina if,

among other things, FMD has not been

diagnosed in Argentina within the

previous 12 months. Additionally,

cured or cooked beef from Argentina

that meets the requirements for the

importation of fresh (chilled or frozen)

beef in § 94.21 may be imported into the

United States without meeting the

requirements of § 94.4.

On or about July 22, 2000, cattle from

a neighboring country were illegally

imported into Argentina, and on August

16, 2000, Argentina confirmed that one

of the imported animals was infected

with FMD. At that time, the United

States Department of Agriculture

(USDA) imposed a temporary hold on

the importation of all beef from

Argentina that had been authorized to

be imported under § 94.21. During late

September and early October 2000, a

tripartite delegation consisting of

representatives from the United States,

Canada, and Mexico visited Argentina

to assess the FMD situation. After

extensive inspection and evaluation, the

tripartite delegation concluded that

Servicio Nacional de Sanidad y Calidad

Agroalimentario (SENASA) had acted

promptly and effectively to eliminate

the FMD infection.

Further, Veterinary Services staff

members of the Animal and Health

Inspection Service (APHIS), produced a

risk assessment document to explore the

potential FMD risks associated with

importing beef from Argentina under

the provisions of § 94.21. This report

concluded that the August 2000

outbreak of FMD, which resulted from

the illegal movement of animals into

Argentina from a bordering country, had

been quickly detected and contained.

In consideration of SENASA’s prompt

action and the conclusions of the risk

analysis, we issued an interim rule on

December 29, 2000 (65 FR 82894–82896,

Docket No. 00–079–1), that allowed beef

imports from Argentina to resume under

§ 94.21. In that interim rule, we also

amended § 94.21 by adding additional

provisions to ensure that beef being

exported to the United States was not

from an animal that had ever been in

specified areas along Argentina’s

borders with Bolivia, Brazil, Paraguay,

and Uruguay.

However, on March 12, 2001,

Argentina reported to the Office

International des Epizooties (OIE) and

the United States that they had detected

an outbreak of FMD in a herd of 300

young bulls in the province of Buenos

Aires. Subsequently, within the

following 4 days, SENASA informed the

OIE and the United States with clinical

confirmation of the existence of FMD in

29898 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

four additional provinces. Since these

initial detections, the number of

confirmed cases has increased steadily.

The affected provinces currently

include Buenos Aires, Cordoba, La

Pampa, San Luis, and Santa Fe.

SENASA is investigating the FMD

outbreak, conducting extensive

serological surveillance, and

implementing a vaccination program to

attempt to confine the virus.

In order to protect the livestock of the

United States from FMD, we are

prohibiting the importation of fresh

(chilled or frozen) beef from Argentina

and any cured or cooked beef from

Argentina that does not meet the

requirements of § 94.4. Accordingly, we

are amending the regulations by

removing § 94.21, which provides for

the importation of fresh (chilled or

frozen) beef from Argentina. We are also

amending § 94.4 to remove the

provisions that exempt cooked or cured

beef from Argentina from that section’s

requirements.

We are making this interim rule

effective retroactively to February 19,

2001, because, given the significant

numbers of affected animals and

regions, it is likely that the virus was

present in Argentina for several weeks

prior to the March 12, 2001, date

SENASA reported that FMD had been

detected in the province of Buenos

Aires.

Emergency Action

This rulemaking is necessary on an

emergency basis to prevent the

introduction of FMD 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. 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. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

We are amending the regulations by

removing the provisions for the

importation of fresh (chilled or frozen)

beef from Argentina and by removing

the exemptions that allowed cured or

cooked beef to be imported from

Argentina under certain conditions

without meeting the requirements of the

regulations regarding cured and cooked

meat from regions where rinderpest or

FMD exists. We are taking these actions

because the existence of FMD has been

confirmed in that country. The effect of

these actions is to prohibit the

importation of any fresh (chilled or

frozen) beef from Argentina and to

prohibit the importation of any cooked

or cured beef from Argentina that does

not meet the requirements of the

regulations regarding cured and cooked

meat from regions where rinderpest or

FMD exists. We are taking these actions

as an emergency measure to protect the

livestock of the United States from

FMD.

FMD is among the most infectious

and destructive of all livestock diseases.

While it rarely kills adult animals, the

virus may kill young and weak animals.

Production losses are substantial, and

costs to eradicate the disease are high.

A single outbreak of FMD in the United

States has the potential to close our

major livestock export markets

overnight. During the eradication

process, most exports of meat, animals,

and animal byproducts would be

curtailed. Additionally, if the early signs

of an outbreak were not immediately

recognized, eradication could take

years. Therefore, efforts to reduce the

risk of the entry of FMD into the United

States continue to be a high priority.

Imports of infected animal products

pose the greatest risk of entry for FMD

into the United States. The virus can

survive in chilled, frozen, salted, cured,

and partially cooked meats.

Additionally, the virus can also be

present in cheese, since the

pasteurization process does not

completely kill the virus. Strict

quarantine regulations minimize the

risk of any infected products entering

the United States. With the exception of

North and Central America (north of

Panama), Australia, and New Zealand,

FMD is still present in many areas of the

world. FMD was last reported in the

United States in 1929, in Canada in

1952, and in Mexico in 1954.

The United States livestock industry

plays a significant role in international

trade. Maintaining favorable trade

conditions depends, in part, on

continued aggressive efforts to prevent

the entry of FMD into the United States.

In 1999, the last year of available data,

the total earnings from exports of live

cattle, swine, beef and veal, pork, and

dairy products were approximately

$4.818 billion, while the value of

imports was $5.671 billion. Livestock

and related exports generated about

$11.7 billion in output sales and created

about 100,000 jobs in the United States.

The quantity of all U.S. fresh beef

imports equals only about one-tenth of

the amount produced domestically.

Over the last 4 years, fresh beef

imported into the United States from

Argentina has averaged only 1.7 percent

of total beef imports. Additionally, the

amount of cooked and cured meats

imported into the United States from

Argentina is not significant. In fact, the

value of these imports has declined

steadily in the past 6 years.

Subsequently, we expect that this

interim rule will have an insignificant

effect on U.S. entities, small or large. We

do expect that this rule will produce

economic benefits by minimizing the

risk of FMD entering the United States

with little to no effect on supply or

consumer prices.

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

retroactive effect to February 19, 2001;

and (3) does not require administrative

proceedings before parties may file suit

in court challenging this rule.

Paperwork Reduction Act

This rule contains no new

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:

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,