81 FR 52811 - Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range		52811-52812
FR Document		2016-18985

We are advising the public of our decision to concur with the World Organization for Animal Health's (OIE) bovine spongiform encephalopathy (BSE) risk designations for 14 regions. The OIE recognizes these regions as being of negligible risk for BSE. We are taking this action based on our review of information supporting the OIE's risk designations for these regions.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52811-52812]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-18985]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0055]

Concurrence With OIE Risk Designations for Bovine Spongiform
Encephalopathy

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to concur with the
World Organization for Animal Health's (OIE) bovine spongiform
encephalopathy (BSE) risk designations for 14 regions. The OIE
recognizes these regions as being of negligible risk for BSE. We are
taking this action based on our review of information supporting the
OIE's risk designations for these regions.

FOR FURTHER INFORMATION CONTACT: Dr. Roberta Morales, Senior Staff
Veterinarian, Regionalization Evaluation Services, National Import
Export Services, VS, APHIS, 920 Main Campus Drive, Suite 200, Raleigh,
NC 27606; (919) 855-7735.

SUPPLEMENTARY INFORMATION: The regulations in 9 CFR part 92 subpart B,
``Importation of Animals and Animal Products; Procedures for Requesting
BSE Risk Status Classification With Regard to Bovines'' (referred to
below as the regulations), set forth the process by which the Animal
and Plant Health Inspection Service (APHIS) classifies regions for
bovine spongiform encephalopathy (BSE) risk. Section 92.5 of the
regulations provides that all countries of the world are considered by
APHIS to be in one of three BSE risk categories: Negligible risk,
controlled risk, or undetermined risk. These risk categories are
defined in Sec. 92.1. Any region that is not classified by APHIS as
presenting either negligible risk or controlled risk for BSE is
considered to present an undetermined risk. The list of those regions
classified by APHIS as having either negligible risk or controlled risk
can be accessed on the APHIS Web site at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/ct_animal_disease_status. The list can also be obtained by
writing to APHIS at National Import Export Services, 4700 River Road
Unit 38, Riverdale, MD 20737.
Under the regulations, APHIS may classify a region for BSE in one
of two ways. One way is for countries that have not received a risk
classification from the World Organization for Animal Health (OIE) to
request classification by APHIS. The other way is for APHIS to concur
with the classification given to a country by the OIE.
If the OIE has recognized a country as either BSE negligible risk
or BSE controlled risk, APHIS will seek information to support our
concurrence with the OIE classification. This information may be
publicly available information, or APHIS may request that countries
supply the same information given to the OIE. APHIS will announce in
the Federal Register, subject to public comment, its intent to concur
with an OIE classification.
In accordance with that process, we published a notice \1\ in the
Federal Register on December 4, 2015 (80 FR 75849, Docket No. APHIS-
2015-0055), in which we announced our intent to concur with the OIE
risk designations for 16 regions. The OIE recognizes these regions as
being of negligible risk for BSE. We solicited comments on the notice
for 60 days ending on February 2, 2016. We received two comments by
that date, from a private citizen and a representative of a foreign
government.
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\1\ To view the notice and the comments we received, go to
http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0055.
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One commenter stated that if a product is being imported only for
use in pet food, then the BSE risk status of the exporting region
should not be an issue.
We disagree that bovine products imported for use in pet food do
not pose a risk for introducing or spreading BSE in the United States.
It is possible that pet foods could be used for cattle feed, either by
accidental misfeeding of pet foods to cattle or by misusing salvage pet
food for cattle. Farms that raise multiple species (e.g. dogs, swine,
and cattle) present a particular risk for misfeeding.
The other commenter stated that the United States does not
recognize all the OIE's risk designations for BSE, noting that the
United States still considers several countries as controlled risk
regions though the OIE has classified them as negligible risk.
As we explained above, Sec. 92.5 of the regulations provides two
ways that APHIS may classify a region for BSE. One way is for countries
that have not received a risk classification from the OIE to request
classification by APHIS. The other way is for APHIS to concur with the
classification given to a country by the OIE. If the OIE has recognized
a country as either BSE negligible risk or BSE controlled risk, APHIS
will seek information to support our concurrence with the OIE
classification. This information may be publicly available information,
or APHIS may request that countries supply the same information given
to the OIE.
The length of APHIS's review of information in support of
concurrence depends on a number of factors, including whether the
information is publicly available, and, if it is not publicly
available, how quickly a country responds to our request for
information. This notice updates APHIS' list of regions recognized as
negligible risk for BSE to include all the regions for which we have
been able to review information. We intend to announce concurrence with
additional countries recognized by the OIE in a future notice.
One commenter noted that while the OIE guidelines call for removal
of specified risk materials (SRMs) from animals older than 30 months of
age, our regulations require the removal of SRMs from animals 30 months
of age or older. The commenter stated that while this is not a
significant difference from an epidemiological perspective, it creates
a major problem for certification through the veterinary services of
exporting countries and presents a barrier to trade.
APHIS notes that the wording ``30 months of age or older'' is
consistent with Food Safety and Inspection Service (FSIS) and U.S. Food
and Drug Administration (FDA) regulations as well as with Canadian
regulations. We also note that anyone wishing to import bovine products
into the United States must also meet FSIS or FDA requirements as well
as APHIS requirements. We do not anticipate that this difference will
have a significant impact on trade.

[[Page 52812]]

In the December 2015 notice, we mistakenly announced our intent to
recognize Romania as a region of negligible risk for BSE. In December
2014, the OIE suspended Romania's status as a negligible risk region
because Romania reported a case of atypical BSE. Since then, the OIE
has announced its intent to reinstate Romania's status as a region of
negligible risk for BSE. We will be seeking information to verify
Romania's status and will announce our intent to concur with the OIE's
designation in a future notice.
Also in the December 2015 notice, we announced our intent to
recognize France as a region of negligible risk for BSE in concurrence
with the OIE. Since then, France has confirmed a case of classical BSE
in a 5-year-old cow. Accordingly, the OIE has suspended France's status
as a region of negligible risk for BSE and reinstated its status as a
region of controlled risk effective March 25, 2016. For this reason we
have removed France from the list of regions of negligible risk for BSE
in this document. We will continue to recognize France as a region of
controlled risk for BSE.
Therefore, in accordance with the regulations in Sec. 92.5, we are
announcing our decision to concur with the OIE risk classifications of
the following countries:
Regions of negligible risk for BSE: Bulgaria, Cyprus,
Czech Republic, Estonia, Hungary, India, Korea (Republic of), Latvia,
Liechtenstein, Luxembourg, Malta, Portugal, Slovakia, and Switzerland.

Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

Done in Washington, DC, this 4th day of August, 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18985 Filed 8-9-16; 8:45 am]
BILLING CODE 3410-34-P

52812 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices

In the December 2015 notice, we importation of fresh figs (Ficus carica) • Each consignment of figs must be
mistakenly announced our intent to from Peru into the continental United accompanied by a phytosanitary
recognize Romania as a region of States. Based on the findings of a pest certificate issued by the national plant
negligible risk for BSE. In December risk analysis, which we made available protection organization (NPPO) of Peru;
2014, the OIE suspended Romania’s for the public to review and comment • Each consignment of figs must be
status as a negligible risk region because through a previous notice, we have treated in accordance with 7 CFR part
Romania reported a case of atypical concluded that the application of 305; and
BSE. Since then, the OIE has announced designated phytosanitary measures will • Each consignment of figs is subject
its intent to reinstate Romania’s status be sufficient to mitigate the risks of to inspection upon arrival at the port of
as a region of negligible risk for BSE. We introducing or disseminating plant pests entry to the United States.
will be seeking information to verify via the importation of fresh figs from We solicited comments on the PRA
Romania’s status and will announce our Peru. and RMD for 60 days, ending on May
intent to concur with the OIE’s 13, 2016. We received four comments by
DATES: Effective August 10, 2016.
designation in a future notice. that date, from a State department of
Also in the December 2015 notice, we FOR FURTHER INFORMATION CONTACT: Ms.
agriculture, the Peruvian Government,
announced our intent to recognize Claudia Ferguson, Senior Regulatory
the Peruvian embassy, and a U.S. port
France as a region of negligible risk for Policy Specialist, Regulatory
of entry.
BSE in concurrence with the OIE. Since Coordination and Compliance, Imports,
Regulations, and Manuals, PPQ, APHIS, Three of the commenters supported
then, France has confirmed a case of the importation of fresh figs from Peru
classical BSE in a 5-year-old cow. 4700 River Road, Unit 133, Riverdale,
MD 20737–1231; (301) 851–2352; into the continental United States.
Accordingly, the OIE has suspended One commenter pointed out that the
France’s status as a region of negligible Claudia.Ferguson@aphis.usda.gov.
notice would allow figs from Peru to be
risk for BSE and reinstated its status as SUPPLEMENTARY INFORMATION: Under the
irradiated in the United States. The
a region of controlled risk effective regulations in ‘‘Subpart–Fruits and commenter expressed concern that this
March 25, 2016. For this reason we have Vegetables’’ (7 CFR 319.56–1 through could present a risk of introducing
removed France from the list of regions 319.56–75, referred to below as the quarantine pests that could follow the
of negligible risk for BSE in this regulations), the Animal and Plant pathway of figs from Peru into the
document. We will continue to Health Inspection Service (APHIS) United States, and that such
recognize France as a region of prohibits or restricts the importation of introduction would present a significant
controlled risk for BSE. fruits and vegetables into the United risk to States in which the pests could
Therefore, in accordance with the States from certain parts of the world to become established. For this reason, the
regulations in § 92.5, we are announcing prevent plant pests from being commenter stated that irradiation
our decision to concur with the OIE risk introduced into or disseminated within should either have to take place in Peru
classifications of the following the United States. or in areas of the United States north of
countries: Section 319.56–4 contains a
the 39th parallel, in which the pests
• Regions of negligible risk for BSE: performance-based process for
could not become established.
Bulgaria, Cyprus, Czech Republic, approving the importation of certain
We appreciate the commenter’s
Estonia, Hungary, India, Korea fruits and vegetables that, based on the
concern regarding irradiation of the figs
(Republic of), Latvia, Liechtenstein, findings of a pest risk analysis, can be
in areas of the United States where
Luxembourg, Malta, Portugal, Slovakia, safely imported subject to one or more
quarantine plant pests that could
and Switzerland. of the designated phytosanitary
potentially follow the pathway of
Authority: 7 U.S.C. 1622 and 8301–8317; measures listed in paragraph (b) of that
importation of the figs from Peru could
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 section.
become established. Indeed, our
CFR 2.22, 2.80, and 371.4. In accordance with that process, we
regulations governing the approval of
Done in Washington, DC, this 4th day of published a notice 1 in the Federal
irradiation facilities in the United
August, 2016. Register on March 14, 2016 (81 FR
States, which are found in 7 CFR 305.9,
Kevin Shea, 13310–13311, Docket No. APHIS–2016–
require that, if an irradiation facility is
Administrator, Animal and Plant Health 0011), in which we announced the
located in a State where quarantine
Inspection Service. availability, for review and comment, of
pests that are targeted by irradiation
a pest risk assessment (PRA) that
[FR Doc. 2016–18985 Filed 8–9–16; 8:45 am] could become established, then it must
identifies pests of quarantine
BILLING CODE 3410–34–P take additional safeguards, specified
significance that could follow the
within that section, in order to address
pathway of importation of figs from
this pest risk. However, because § 305.9
DEPARTMENT OF AGRICULTURE Peru into the continental United States.
also allows irradiation treatment for
Based on the PRA, a risk management
imported commodities to take place
Animal and Plant Health Inspection document (RMD) was prepared to
within the United States, and does not
Service identify phytosanitary measures that
preclude it from taking place in States
could be applied to the figs to mitigate
[Docket No. APHIS–2016–0011] where establishment of quarantine pests
the pest risk. The RMD recommended
is possible, such as areas south of the
Notice of Decision To Authorize the that all of the following phytosanitary
39th parallel, we cannot grant the
Importation of Fresh Figs From Peru measures be applied to the importation
commenter’s request.
mstockstill on DSK3G9T082PROD with NOTICES

Into the Continental United States of figs from Peru into the continental
Therefore, in accordance with
United States:
§ 319.56–4(c)(2)(ii), we are announcing
AGENCY: Animal and Plant Health • The figs must be imported as
Inspection Service, USDA. our decision to authorize the
commercial consignments only;
ACTION: Notice.
importation of figs from Peru into the
1 To view the notice, PRA, RMD, and comments continental United States subject to all
SUMMARY: We are advising the public of we received, go to http://www.regulations.gov/ of the following phytosanitary
our decision to authorize the #!docketDetail;D=APHIS-2016-0011. measures:

VerDate Sep<11>2014 17:34 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1

Document Created: 2016-08-10 01:59:42
Document Modified: 2016-08-10 01:59:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Dr. Roberta Morales, Senior Staff Veterinarian, Regionalization Evaluation Services, National Import Export Services, VS, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606; (919) 855-7735.
FR Citation		81 FR 52811

81 FR 52811 - Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 154 (August 10, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service