Change in Disease Status of Surrey County, England, Because of Foot-and-Mouth Disease, 5424-5426 [E8-1653]
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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Rules and Regulations
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
As noted in the initial regulatory
flexibility analysis, USDA has not
identified any relevant Federal rules
that duplicate, overlap or conflict with
this final rule.
In addition, the Committee’s meeting
was widely publicized throughout the
Colorado Area No. 2 potato industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the August
16, 2007, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
A proposed rule concerning this
action was published in the Federal
Register on December 11, 2007 (72 FR
70244). Copies of the rule were mailed
or sent via facsimile to all Committee
members and handlers. The rule was
also made available through the Internet
by USDA and the Office of the Federal
Register. A 15-day comment period
ending December 26, 2007, was
provided to allow interested persons to
respond to the proposal. No comments
were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
matter presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because handlers are already
shipping potatoes from the 2007–2008
crop. Further, handlers are aware of this
rule which was recommended at a
public meeting. Also, a 15-day comment
period was provided for in the proposed
rule.
List of Subjects in 7 CFR Part 948
Marketing Agreements, Potatoes,
Reporting and recordkeeping
requirements.
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For the reasons set forth in the
preamble, 7 CFR part 948 is amended as
follows:
I
PART 948—IRISH POTATOES GROWN
IN COLORADO
1. The authority citation for 7 CFR
part 948 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Amend § 948.386 by revising
paragraph (a)(2) to read as follows:
I
§ 948.386
Handling regulation.
*
*
*
*
*
(a) * * *
(2) All other varieties. U.S. No. 2, or
better grade, 2 inches minimum
diameter or 4 ounces minimum weight.
*
*
*
*
*
Dated: January 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–1570 Filed 1–29–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS–2007–0124]
Change in Disease Status of Surrey
County, England, Because of Footand-Mouth Disease
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the
regulations governing the importation of
certain animals, meat, and other animal
products by removing Surrey County,
England, from the list of regions
considered to be free of foot-and-mouth
disease (FMD). We are taking this action
because the existence of FMD has been
confirmed in that area. This action is
necessary to prevent the introduction of
FMD into the United States. As a result
of this interim rule the importation of
ruminants and swine and the fresh meat
and other animal products of ruminants
and swine from Surrey County,
England, is restricted.
DATES: This interim rule is effective
January 30, 2008. However, we are
imposing this restriction retroactively to
August 3, 2007. We will consider all
comments that we receive on or before
March 31, 2008.
PO 00000
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You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS–
2007–0124 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2007–0124,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road, Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2007–0124.
Reading Room: 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.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Chip Wells, Senior Staff Veterinarian,
Regionalization Evaluation Services
Import Staff, National Center for Import
and Export, VS, APHIS, 4700 River
Road, Unit 38, Riverdale, MD 20737–
1231; (301) 734–4356.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
Foot-and-mouth disease (FMD) is a
severe and highly contagious viral
infection affecting all cloven-hoofed
ruminants, including cattle, deer, goats,
sheep, swine, and other animals. The
disease is highly communicable and is
characterized by fever and blister-like
lesions on the tongue and lips, in the
mouth, on the teats, and between the
hooves. It causes severe losses in the
production of meat, milk, and other
dairy products. Although many animals
survive the disease, it leaves them
debilitated. FMD is endemic to more
than two-thirds of the world and is
considered to be widespread in parts of
Africa, Asia, Europe, and South
America. Because of the highly
communicable nature of FMD, it is
necessary to protect livestock that are
free of the disease from any animals,
animal products, or other articles that
might be contaminated with the FMD
virus.
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yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Rules and Regulations
Although FMD was eradicated in the
United States in 1929, the virus could
be reintroduced by a single infected
animal, animal product, or person
carrying the virus. Once introduced,
FMD can spread quickly through
exposure to aerosols from infected
animals, direct contact with infected
animals, contact with contaminated feed
or equipment, ingestion of animal
products, or contact with humans
harboring the virus or carrying the virus
on their clothing.
The regulations in 9 CFR part 94
(referred to below as the regulations)
govern the importation of certain
animals and animal products into the
United States in order to prevent the
introduction of various animal diseases,
including rinderpest and FMD. Section
94.1 of the regulations lists regions of
the world that are considered free of
rinderpest and FMD. The United
Kingdom (England, Northern Ireland,
Scotland, Wales, and the Isle of Man),
in its entirety, has been listed in § 94.1
as a region considered free of rinderpest
and FMD. Section 94.11 lists regions of
the world considered free of rinderpest
and FMD but from which the
importation of meat and other animal
products into the United States is
subject to additional restrictions
because of those regions’ proximity to or
trading relationships with FMD-affected
regions. The United Kingdom is
currently listed in § 94.11 as one of the
regions from which meat and other
animal products of ruminants and swine
are subject to additional restrictions.
On August 3, 2007, the United
Kingdom reported an outbreak of FMD
in Surrey County, England, to the World
Organization for Animal Health (OIE). A
second outbreak was reported on
August 7, 2007. By September 30, 2007,
a total of eight outbreaks had been
confirmed. All infected premises were
located in Surrey County. As a
precautionary measure, the United
Kingdom, in agreement with the
European Commission, has since
August 3, 2007, restricted exports of
ruminants and swine and the fresh meat
and other animal products of ruminants
and swine, initially from all of Great
Britain and subsequently from smaller
regions within Great Britain.
Epidemiological investigations and risk
assessments conducted by the United
Kingdom link the source of the
outbreaks in Surrey County with a
probably accidental release of the FMD
virus from a laboratory and vaccine
production facility in Pirbright.
Intensive surveillance has demonstrated
that the virus never spread outside of
Surrey County. The United Kingdom
and the European Commission removed
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11:37 Jan 29, 2008
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all restrictions in Great Britain on
December 31, 2007.
Based on our discussions with the
United Kingdom’s veterinary officials
and our evaluation of the situation, we
have determined that: (1) FMD is not
known to exist in the United Kingdom
outside of Surrey County, England; (2)
the United Kingdom maintained strict
control over the importation and
movement of animals and animal
products from regions of higher risk and
established barriers to the spread of
FMD from Surrey County, England; (3)
the United Kingdom maintained a
surveillance system capable of detecting
FMD should the disease have been
introduced into other regions of the
country; and (4) the United Kingdom
has the laws, policies, and infrastructure
to detect, respond to, and eliminate any
occurrence of FMD. Consequently, until
such time as we are able to conclude our
own risk assessment of the Surrey
County outbreaks, we have decided to
remove the affected portion of the
United Kingdom encompassing the
administrative unit Surrey County,
England, from the list of regions
considered free of FMD. We are taking
this action in order to protect the
livestock of the United States from
FMD.
Therefore, we are amending the
regulations in § 94.1 to remove Surrey
County, England, from the list of regions
that are considered free of rinderpest
and FMD. We are also amending the
regulations in § 94.11 to remove Surrey
County, England, from the list of regions
considered free of rinderpest and FMD
but from which the importation of meat
and other animal products of ruminants
and swine into the United States is
subject to additional restrictions. We are
imposing this restriction retroactively to
August 3, 2007, which is the date that
the presence of FMD in this region of
England was first confirmed.
We recognize that the United
Kingdom immediately responded to the
detection of the disease by imposing
restrictions on the movement of
ruminants and swine and the fresh meat
and other animal products of ruminants
and swine within and from England and
initiating measures to eradicate the
disease, and the outbreak appears to be
well controlled at this time. Because of
the United Kingdom’s efforts to ensure
that FMD does not spread beyond its
borders, we intend to reassess the
situation in accordance with the
standards of the OIE at a future date. As
part of the reassessment process, we
will consider all comments received
during the comment period on this
interim rule. This future reassessment
will determine whether it is necessary
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5425
to continue to prohibit the importation
of ruminants and swine and the fresh
meat and other animal products of
ruminants and swine from Surrey
County, England.
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 we
receive during the comment period for
this interim rule (see DATES above).
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.
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 under Executive
Order 12866.
This emergency situation makes
timely compliance with section 604 of
the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) impracticable. We are
currently assessing the potential
economic effects of this action on small
entities. Based on that assessment, we
will either certify that the rule will not
have a significant economic impact on
a substantial number of small entities or
publish a 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
retroactive effect to August 3, 2007; 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
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5426
Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Rules and Regulations
and poultry products, Reporting and
recordkeeping requirements.
Accordingly, we are amending 9 CFR
part 94 as follows:
I
PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE
DISEASE, AFRICAN SWINE FEVER,
CLASSICAL SWINE FEVER, AND
BOVINE SPONGIFORM
ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94
continues to read as follows:
I
Authority: 7 U.S.C. 450, 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.4.
§ 94.1
[Amended]
2. In § 94.1, paragraph (a)(2) is
amended by adding the words ‘‘(except
for Surrey County, England)’’
immediately after the words ‘‘United
Kingdom.’’
I
§ 94.11
[Amended]
3. In § 94.11, paragraph (a) is amended
by adding the words ‘‘(except for Surrey
County, England)’’ immediately after the
words ‘‘United Kingdom.’’
I
Done in Washington, DC, this 24th day of
January 2008.
Paul R. Eggert,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–1653 Filed 1–29–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0051; Directorate
Identifier 2008–NM–001–AD; Amendment
39–15352; AD 2008–03–03]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135
Airplanes; and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP Airplanes
Examining the AD Docket
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
EMBRAER Model EMB–135 airplanes;
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11:37 Jan 29, 2008
Jkt 214001
and Model EMB–145, -145ER, -145MR,
-145LR, -145XR, -145MP, and -145EP
airplanes. This AD requires inspections
to detect discrepancies of the
components of the elevator control
system, repetitive movements of the
control column to observe the normal
response of the elevators, repetitive
inspections to detect discrepancies of
the skin of the elevators, and applicable
related investigative actions and
corrective actions. This AD also
provides for optional terminating
actions for the inspections and
measurements. This AD results from a
report indicating that a Model EMB–145
airplane did not rotate in response to
the command from the yoke during
take-off, which resulted in a rejected
take-off. We are issuing this AD to
detect and correct discrepancies of the
elevator control system, which could
result in reduced control of the elevators
and consequent reduced controllability
of the airplane.
DATES: This AD becomes effective
February 14, 2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of February 14, 2008.
We must receive comments on this
AD by February 29, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343–CEP 12.225, Sao Jose dos Campos–
SP, Brazil.
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
PO 00000
Frm 00006
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5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1405; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
On December 13, 2005, we issued AD
2005–26–15, amendment 39–14436 (70
FR 77303, December 30, 2005). That AD
applies to certain EMBRAER Model
EMB–135 airplanes; and Model EMB–
145, –145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. That
AD requires performing repetitive
inspections for cracks, ruptures, or
bends in certain components of the
elevator control system; replacing
discrepant components; and, for certain
airplanes, installing a new spring
cartridge and implementing new logic
for the electromechanical gust lock
system. That AD also requires eventual
modification of the elevator gust lock
system to replace the mechanical system
with an electromechanical system,
which will terminate the repetitive
inspections. That AD resulted from
reports that cracks have been found in
certain components of the elevator
control system in the horizontal
stabilizer area of several airplanes
equipped with a mechanical gust lock
system. These cracks have been
attributed to damage from strong wind
gusts on the ground. The actions
specified in that AD are intended to
prevent discrepancies in the elevator
control system, which could result in
reduced control of the elevator and
consequent reduced controllability of
the airplane.
Since we issued that AD, we received
a report indicating that an EMBRAER
Model EMB–145 airplane did not rotate
in response to the command from the
yoke as expected during take-off, and
the flightcrew had to perform a rejected
take-off. The elevator control system did
not respond to elevator inputs from the
flightcrew. Investigation revealed that
both elevator control rods were broken,
and skin damage was found to the
elevator control surface. Preliminary
investigation reports reveal that the
control rods broke under compression
load. The reports also reveal that strong,
windy conditions prevailed before the
incident. The airplane’s mechanical
elevator gust lock system had not yet
been modified into an
electromechanical elevator gust lock
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]]>Agencies
[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Rules and Regulations]
[Pages 5424-5426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1653]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2007-0124]
Change in Disease Status of Surrey County, England, Because of
Foot-and-Mouth Disease
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 removing Surrey
County, England, from the list of regions considered to be free of
foot-and-mouth disease (FMD). We are taking this action because the
existence of FMD has been confirmed in that area. This action is
necessary to prevent the introduction of FMD into the United States. As
a result of this interim rule the importation of ruminants and swine
and the fresh meat and other animal products of ruminants and swine
from Surrey County, England, is restricted.
DATES: This interim rule is effective January 30, 2008. However, we are
imposing this restriction retroactively to August 3, 2007. We will
consider all comments that we receive on or before March 31, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0124 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2007-0124, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2007-0124.
Reading Room: 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Chip Wells, Senior Staff
Veterinarian, Regionalization Evaluation Services Import Staff,
National Center for Import and Export, VS, APHIS, 4700 River Road, Unit
38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
Foot-and-mouth disease (FMD) is a severe and highly contagious
viral infection affecting all cloven-hoofed ruminants, including
cattle, deer, goats, sheep, swine, and other animals. The disease is
highly communicable and is characterized by fever and blister-like
lesions on the tongue and lips, in the mouth, on the teats, and between
the hooves. It causes severe losses in the production of meat, milk,
and other dairy products. Although many animals survive the disease, it
leaves them debilitated. FMD is endemic to more than two-thirds of the
world and is considered to be widespread in parts of Africa, Asia,
Europe, and South America. Because of the highly communicable nature of
FMD, it is necessary to protect livestock that are free of the disease
from any animals, animal products, or other articles that might be
contaminated with the FMD virus.
[[Page 5425]]
Although FMD was eradicated in the United States in 1929, the virus
could be reintroduced by a single infected animal, animal product, or
person carrying the virus. Once introduced, FMD can spread quickly
through exposure to aerosols from infected animals, direct contact with
infected animals, contact with contaminated feed or equipment,
ingestion of animal products, or contact with humans harboring the
virus or carrying the virus on their clothing.
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation of certain animals and animal
products into the United States in order to prevent the introduction of
various animal diseases, including rinderpest and FMD. Section 94.1 of
the regulations lists regions of the world that are considered free of
rinderpest and FMD. The United Kingdom (England, Northern Ireland,
Scotland, Wales, and the Isle of Man), in its entirety, has been listed
in Sec. 94.1 as a region considered free of rinderpest and FMD.
Section 94.11 lists regions of the world considered free of rinderpest
and FMD but from which the importation of meat and other animal
products into the United States is subject to additional restrictions
because of those regions' proximity to or trading relationships with
FMD-affected regions. The United Kingdom is currently listed in Sec.
94.11 as one of the regions from which meat and other animal products
of ruminants and swine are subject to additional restrictions.
On August 3, 2007, the United Kingdom reported an outbreak of FMD
in Surrey County, England, to the World Organization for Animal Health
(OIE). A second outbreak was reported on August 7, 2007. By September
30, 2007, a total of eight outbreaks had been confirmed. All infected
premises were located in Surrey County. As a precautionary measure, the
United Kingdom, in agreement with the European Commission, has since
August 3, 2007, restricted exports of ruminants and swine and the fresh
meat and other animal products of ruminants and swine, initially from
all of Great Britain and subsequently from smaller regions within Great
Britain. Epidemiological investigations and risk assessments conducted
by the United Kingdom link the source of the outbreaks in Surrey County
with a probably accidental release of the FMD virus from a laboratory
and vaccine production facility in Pirbright. Intensive surveillance
has demonstrated that the virus never spread outside of Surrey County.
The United Kingdom and the European Commission removed all restrictions
in Great Britain on December 31, 2007.
Based on our discussions with the United Kingdom's veterinary
officials and our evaluation of the situation, we have determined that:
(1) FMD is not known to exist in the United Kingdom outside of Surrey
County, England; (2) the United Kingdom maintained strict control over
the importation and movement of animals and animal products from
regions of higher risk and established barriers to the spread of FMD
from Surrey County, England; (3) the United Kingdom maintained a
surveillance system capable of detecting FMD should the disease have
been introduced into other regions of the country; and (4) the United
Kingdom has the laws, policies, and infrastructure to detect, respond
to, and eliminate any occurrence of FMD. Consequently, until such time
as we are able to conclude our own risk assessment of the Surrey County
outbreaks, we have decided to remove the affected portion of the United
Kingdom encompassing the administrative unit Surrey County, England,
from the list of regions considered free of FMD. We are taking this
action in order to protect the livestock of the United States from FMD.
Therefore, we are amending the regulations in Sec. 94.1 to remove
Surrey County, England, from the list of regions that are considered
free of rinderpest and FMD. We are also amending the regulations in
Sec. 94.11 to remove Surrey County, England, from the list of regions
considered free of rinderpest and FMD but from which the importation of
meat and other animal products of ruminants and swine into the United
States is subject to additional restrictions. We are imposing this
restriction retroactively to August 3, 2007, which is the date that the
presence of FMD in this region of England was first confirmed.
We recognize that the United Kingdom immediately responded to the
detection of the disease by imposing restrictions on the movement of
ruminants and swine and the fresh meat and other animal products of
ruminants and swine within and from England and initiating measures to
eradicate the disease, and the outbreak appears to be well controlled
at this time. Because of the United Kingdom's efforts to ensure that
FMD does not spread beyond its borders, we intend to reassess the
situation in accordance with the standards of the OIE at a future date.
As part of the reassessment process, we will consider all comments
received during the comment period on this interim rule. This future
reassessment will determine whether it is necessary to continue to
prohibit the importation of ruminants and swine and the fresh meat and
other animal products of ruminants and swine from Surrey County,
England.
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 we receive during the comment period for
this interim rule (see DATES above). 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.
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 under
Executive Order 12866.
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
impracticable. We are currently assessing the potential economic
effects of this action on small entities. Based on that assessment, we
will either certify that the rule will not have a significant economic
impact on a substantial number of small entities or publish a
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 retroactive
effect to August 3, 2007; 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
[[Page 5426]]
and poultry products, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
0
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 94.1 [Amended]
0
2. In Sec. 94.1, paragraph (a)(2) is amended by adding the words
``(except for Surrey County, England)'' immediately after the words
``United Kingdom.''
Sec. 94.11 [Amended]
0
3. In Sec. 94.11, paragraph (a) is amended by adding the words
``(except for Surrey County, England)'' immediately after the words
``United Kingdom.''
Done in Washington, DC, this 24th day of January 2008.
Paul R. Eggert,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-1653 Filed 1-29-08; 8:45 am]
BILLING CODE 3410-34-P
