82_FR_37192 82 FR 37041 - Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy

82 FR 37041 - Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range37041-37042
FR Document2017-16674

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 seven 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 82 Issue 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37041-37042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16674]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2016-0092]


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 seven 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

[[Page 37042]]

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 January 23, 2017 (82 FR 7786, Docket No. APHIS-
2016-0092), in which we announced our intent to concur with the OIE 
risk designations for seven regions. The OIE recognizes these regions 
as being of negligible risk for BSE. We solicited comments on the 
notice for 60 days ending on March 24, 2017. We received one comment by 
that date, from a private citizen.
---------------------------------------------------------------------------

    \1\ To view the notice and the comment we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0092.
---------------------------------------------------------------------------

    The commenter expressed concern that there is no process for 
verifying whether ruminant-to-ruminant feed bans are effectively 
enforced.
    As part of its risk assessment process, the OIE considers the 
likelihood that the BSE agent either could be introduced into or spread 
within a country through contaminated commodities, including animal 
feed and feed ingredients. They consider both the production of 
processed animal proteins from domestic livestock, and the use of 
imported processed animal proteins, animal feed, and feed ingredients 
when assessing that risk. APHIS reviews similar information before 
concurring with the OIE designation.
    Once recognized as either negligible or controlled risk for BSE by 
the OIE, a country must submit data on surveillance results and feed 
controls for the previous 12 months annually to maintain that status. 
If a country fails to provide that data in a timely manner, or the data 
shows changes that increase the risk of BSE introduction or spread, the 
country's risk designation may be changed. In the event that a 
country's risk status is demoted by the OIE, APHIS would also change 
its risk designation for the country.
    Within the United States, the Food and Drug Administration (FDA) is 
the Federal agency responsible for regulating animal feed. The FDA has 
established regulations in 21 CFR part 589 that prohibit mammalian 
protein in ruminant feed (which includes a ruminant-to-ruminant feed 
ban) and the use of tissues that have the highest risk for carrying the 
BSE agent in all animal feed. These high risk cattle materials, known 
as specified risk materials (SRM), include the brains and spinal cords 
from cattle 30 months of age and older.
    To assess and monitor for compliance with the feed ban, the FDA 
established the ruminant feed ban inspection program and guidance to 
assist both the FDA and State investigators. Feed mill and rendering 
plant inspections conducted since 1998 indicate a very high level of 
compliance with the feed ban. Summaries of inspections can be viewed on 
the FDA Web site at https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/ComplianceEnforcement/BovineSpongiformEncephalopathy/ucm114507.htm. The FDA also established 
a feed testing program in 2001. The FDA's highest priority for sample 
selection is given to finished products intended for ruminants, and 
feed ingredients that may reasonably be expected to be later used in 
ruminant feed.
    The commenter also expressed concern that products from cattle 
slaughtered at 36 months of age pose a health risk to consumers.
    The commenter is correct that certain bovine products and live 
cattle from specific countries with a higher risk of BSE release may 
carry BSE infectivity and therefore present a health risk to consumers 
if no measures are taken to mitigate that risk. For this reason, the 
OIE also describes specific requirements for certain commodities 
originating from regions of controlled and undetermined risk.
    APHIS regulations require implementation of and compliance with 
very similar requirements for both live bovines and bovine commodities 
in a region before we concur with the OIE's BSE risk designation. These 
requirements mitigate the risk of exposure to a negligible level. 
Therefore, countries with either controlled or undetermined risk 
statuses must demonstrate that they have the authority to conduct 
oversight of the compliance with such requirements.
    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: Costa Rica, Germany, 
Lithuania, Mexico, Namibia, Romania, and Spain.

    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 2nd day of August 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-16674 Filed 8-7-17; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                  Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices                                           37041

                                                       Total Burden Hours: 5,894.                           Rural Utilities Service                               DEPARTMENT OF AGRICULTURE
                                                    Ruth Brown,                                               Title: Telecommunications System                    Animal and Plant Health Inspection
                                                    Departmental Information Collection                     Construction Policies and Procedures.                 Service
                                                    Clearance Officer.
                                                                                                              OMB Control Number: 0572–0059.                      [Docket No. APHIS–2016–0092]
                                                    [FR Doc. 2017–16702 Filed 8–7–17; 8:45 am]
                                                    BILLING CODE 3410–34–P
                                                                                                              Summary Of Collection: The Rural
                                                                                                            Electrification Act of 1936 (RE Act), 7               Concurrence With OIE Risk
                                                                                                            U.S.C. 901 et seq., was amended in 2002               Designations for Bovine Spongiform
                                                    DEPARTMENT OF AGRICULTURE                               by Title IV, Rural Broadband Access, by               Encephalopathy
                                                                                                            Farm Security and rural Investment Act,               AGENCY:  Animal and Plant Health
                                                    Submission for OMB Review;                              which authorizes Rural Utilities Service              Inspection Service, USDA.
                                                    Comment Request                                         (RUS) to provide loans and loan                       ACTION: Notice.
                                                    August 3, 2017.                                         guarantees to fund the cost of
                                                                                                            construction, improvement, or                         SUMMARY:   We are advising the public of
                                                      The Department of Agriculture has
                                                                                                            acquisition for facilities and equipment              our decision to concur with the World
                                                    submitted the following information
                                                                                                            for the provision of broadband service                Organization for Animal Health’s (OIE)
                                                    collection requirement(s) to Office of
                                                                                                            in eligible rural communities in the                  bovine spongiform encephalopathy
                                                    Management and Budget (OMB) for
                                                                                                            States and territories of the United                  (BSE) risk designations for seven
                                                    review and clearance under the
                                                                                                            States. Title VI of the RE Act requires               regions. The OIE recognizes these
                                                    Paperwork Reduction Act of 1995,
                                                                                                            that loans are granted only to borrowers              regions as being of negligible risk for
                                                    Public Law 104–13. Comments are
                                                                                                            who demonstrated that they will be able               BSE. We are taking this action based on
                                                    requested regarding (1) whether the
                                                                                                            to repay in full within the time agreed.              our review of information supporting
                                                    collection of information is necessary
                                                                                                                                                                  the OIE’s risk designations for these
                                                    for the proper performance of the                       RUS has established certain standards
                                                                                                                                                                  regions.
                                                    functions of the agency, including                      and specification for materials,
                                                    whether the information will have                       equipment and construction to assure                  FOR FURTHER INFORMATION CONTACT:      Dr.
                                                    practical utility; (2) the accuracy of the              that standards are maintained; loans are              Roberta Morales, Senior Staff
                                                    agency’s estimate of burden including                   not adversely affected, and loans are                 Veterinarian, Regionalization Evaluation
                                                    the validity of the methodology and                     used for intended purposes.                           Services, National Import Export
                                                    assumptions used; (3) ways to enhance                                                                         Services, VS, APHIS, 920 Main Campus
                                                                                                              Need and Use of the Information:                    Drive, Suite 200, Raleigh, NC 27606;
                                                    the quality, utility and clarity of the
                                                    information to be collected; (4) ways to                RUS has developed specific forms for                  (919) 855–7735.
                                                    minimize the burden of the collection of                borrowers to use when entering into
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
                                                    information on those who are to                         contracts for goods or services. The
                                                                                                                                                                  regulations in 9 CFR part 92 subpart B,
                                                    respond, including through the use of                   information collected is used to                      ‘‘Importation of Animals and Animal
                                                    appropriate automated, electronic,                      implement certain provisions of loan                  Products; Procedures for Requesting
                                                    mechanical, or other technological                      documents about the borrower’s                        BSE Risk Status Classification With
                                                    collection techniques or other forms of                 purchase of materials and equipment                   Regard to Bovines’’ (referred to below as
                                                    information technology.                                 and the construction of its broadband                 the regulations), set forth the process by
                                                      Comments regarding this information                   system and is provided on and as                      which the Animal and Plant Health
                                                    collection received by September 7,                     needed basis or when the individual                   Inspection Service (APHIS) classifies
                                                    2017 will be considered. Written                        borrower undertakes certain projects.                 regions for bovine spongiform
                                                    comments should be addressed to: Desk                   The standardization of the forms has                  encephalopathy (BSE) risk. Section 92.5
                                                    Officer for Agriculture, Office of                      resulted in substantial savings to                    of the regulations provides that all
                                                    Information and Regulatory Affairs,                     borrowers by reducing preparation of                  countries of the world are considered by
                                                    Office of Management and Budget                         the documentation and the costly                      APHIS to be in one of three BSE risk
                                                    (OMB), New Executive Office Building,                   review by the government.                             categories: Negligible risk, controlled
                                                    725—17th Street NW., Washington, DC                       Description of Respondents: Business                risk, or undetermined risk. These risk
                                                    20502. Commenters are encouraged to                                                                           categories are defined in § 92.1. Any
                                                                                                            or other for-profit; Not-for-profit
                                                    submit their comments to OMB via                                                                              region that is not classified by APHIS as
                                                                                                            institutions.
                                                    email to: OIRA_Submission@                                                                                    presenting either negligible risk or
                                                    OMB.EOP.GOV or fax (202) 395–5806                         Number of Respondents: 110.                         controlled risk for BSE is considered to
                                                    and to Departmental Clearance Office,                     Frequency of Responses: Reporting:                  present an undetermined risk. The list
                                                    USDA, OCIO, Mail Stop 7602,                             On occasion.                                          of those regions classified by APHIS as
                                                    Washington, DC 20250–7602. Copies of                                                                          having either negligible risk or
                                                                                                              Total Burden Hours: 8,807.
                                                    the submission(s) may be obtained by                                                                          controlled risk can be accessed on the
                                                    calling (202) 720–8958.                                 Charlene Parker,                                      APHIS Web site at https://
                                                      An agency may not conduct or                          Departmental Information Collection                   www.aphis.usda.gov/aphis/ourfocus/
                                                    sponsor a collection of information                     Clearance Officer.                                    animalhealth/animal-and-animal-
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    unless the collection of information                    [FR Doc. 2017–16641 Filed 8–7–17; 8:45 am]            product-import-information/ct_animal_
                                                    displays a currently valid OMB control                  BILLING CODE 3410–15–P
                                                                                                                                                                  disease_status. The list can also be
                                                    number and the agency informs                                                                                 obtained by writing to APHIS at
                                                    potential persons who are to respond to                                                                       National Import Export Services, 4700
                                                    the collection of information that such                                                                       River Road, Unit 38, Riverdale, MD
                                                    persons are not required to respond to                                                                        20737.
                                                    the collection of information unless it                                                                          Under the regulations, APHIS may
                                                    displays a currently valid OMB control                                                                        classify a region for BSE in one of two
                                                    number.                                                                                                       ways. One way is for countries that have


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                                                    37042                         Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                    not received a risk classification from                 regulating animal feed. The FDA has                     • Regions of negligible risk for BSE:
                                                    the World Organization for Animal                       established regulations in 21 CFR part                Costa Rica, Germany, Lithuania,
                                                    Health (OIE) to request classification by               589 that prohibit mammalian protein in                Mexico, Namibia, Romania, and Spain.
                                                    APHIS. The other way is for APHIS to                    ruminant feed (which includes a                         Authority: 7 U.S.C. 1622 and 8301–8317;
                                                    concur with the classification given to a               ruminant-to-ruminant feed ban) and the                21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
                                                    country by the OIE.                                     use of tissues that have the highest risk             CFR 2.22, 2.80, and 371.4.
                                                       If the OIE has recognized a country as               for carrying the BSE agent in all animal               Done in Washington, DC, this 2nd day of
                                                    either BSE negligible risk or BSE                       feed. These high risk cattle materials,               August 2017.
                                                    controlled risk, APHIS will seek                        known as specified risk materials                     Michael C. Gregoire,
                                                    information to support our concurrence                  (SRM), include the brains and spinal
                                                                                                                                                                  Acting Administrator, Animal and Plant
                                                    with the OIE classification. This                       cords from cattle 30 months of age and                Health Inspection Service.
                                                    information may be publicly available                   older.
                                                                                                                                                                  [FR Doc. 2017–16674 Filed 8–7–17; 8:45 am]
                                                    information, or APHIS may request that                     To assess and monitor for compliance               BILLING CODE 3410–34–P
                                                    countries supply the same information                   with the feed ban, the FDA established
                                                    given to the OIE. APHIS will announce                   the ruminant feed ban inspection
                                                    in the Federal Register, subject to                     program and guidance to assist both the               DEPARTMENT OF AGRICULTURE
                                                    public comment, its intent to concur                    FDA and State investigators. Feed mill
                                                    with an OIE classification.                             and rendering plant inspections                       Animal and Plant Health Inspection
                                                       In accordance with that process, we                  conducted since 1998 indicate a very                  Service
                                                    published a notice 1 in the Federal                     high level of compliance with the feed
                                                    Register on January 23, 2017 (82 FR                                                                           [Docket No. APHIS–2016–0035]
                                                                                                            ban. Summaries of inspections can be
                                                    7786, Docket No. APHIS–2016–0092), in                   viewed on the FDA Web site at https://
                                                    which we announced our intent to                                                                              Notice of Availability of Treatment
                                                                                                            www.fda.gov/AnimalVeterinary/                         Evaluation Document for Aircraft
                                                    concur with the OIE risk designations                   GuidanceComplianceEnforcement/
                                                    for seven regions. The OIE recognizes                                                                         Treatments for Certain Hitchhiking
                                                                                                            ComplianceEnforcement/                                Pests
                                                    these regions as being of negligible risk               BovineSpongiformEncephalopathy/
                                                    for BSE. We solicited comments on the                   ucm114507.htm. The FDA also                           AGENCY:  Animal and Plant Health
                                                    notice for 60 days ending on March 24,                  established a feed testing program in                 Inspection Service, USDA.
                                                    2017. We received one comment by that                   2001. The FDA’s highest priority for                  ACTION: Notice of availability and
                                                    date, from a private citizen.                           sample selection is given to finished                 request for comments.
                                                       The commenter expressed concern                      products intended for ruminants, and
                                                    that there is no process for verifying                  feed ingredients that may reasonably be               SUMMARY:   We are advising the public
                                                    whether ruminant-to-ruminant feed                       expected to be later used in ruminant                 that we have determined that it is
                                                    bans are effectively enforced.                          feed.                                                 necessary to immediately add to the
                                                       As part of its risk assessment process,                                                                    Plant Protection and Quarantine
                                                    the OIE considers the likelihood that the                  The commenter also expressed                       Treatment Manual two new chemical
                                                    BSE agent either could be introduced                    concern that products from cattle                     treatments for targeting regulated pests
                                                    into or spread within a country through                 slaughtered at 36 months of age pose a                in the cargo holds of aircraft. We have
                                                    contaminated commodities, including                     health risk to consumers.                             prepared a treatment evaluation
                                                    animal feed and feed ingredients. They                     The commenter is correct that certain              document that describes the new
                                                    consider both the production of                         bovine products and live cattle from                  treatment schedules and explains why
                                                    processed animal proteins from                          specific countries with a higher risk of              we have determined that they are
                                                    domestic livestock, and the use of                      BSE release may carry BSE infectivity                 effective at neutralizing certain target
                                                    imported processed animal proteins,                     and therefore present a health risk to                pests. We are making the treatment
                                                    animal feed, and feed ingredients when                  consumers if no measures are taken to                 evaluation document available to the
                                                    assessing that risk. APHIS reviews                      mitigate that risk. For this reason, the              public for review and comment.
                                                    similar information before concurring                   OIE also describes specific requirements              DATES: We will consider all comments
                                                    with the OIE designation.                               for certain commodities originating from              that we receive on or before October 10,
                                                       Once recognized as either negligible                 regions of controlled and undetermined                2017.
                                                    or controlled risk for BSE by the OIE, a                risk.
                                                                                                                                                                  ADDRESSES: You may submit comments
                                                    country must submit data on                                APHIS regulations require
                                                    surveillance results and feed controls                                                                        by either of the following methods:
                                                                                                            implementation of and compliance with                    • Federal eRulemaking Portal: Go to
                                                    for the previous 12 months annually to                  very similar requirements for both live               http://www.regulations.gov/
                                                    maintain that status. If a country fails to             bovines and bovine commodities in a                   #!docketDetail;D=APHIS-2016-0035.
                                                    provide that data in a timely manner, or                region before we concur with the OIE’s                   • Postal Mail/Commercial Delivery:
                                                    the data shows changes that increase the                BSE risk designation. These                           Send your comment to Docket No.
                                                    risk of BSE introduction or spread, the                 requirements mitigate the risk of                     APHIS–2016–0035, Regulatory Analysis
                                                    country’s risk designation may be                       exposure to a negligible level. Therefore,            and Development, PPD, APHIS, Station
                                                    changed. In the event that a country’s                  countries with either controlled or                   3A–03.8, 4700 River Road Unit 118,
                                                    risk status is demoted by the OIE,                      undetermined risk statuses must
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  Riverdale, MD 20737–1238.
                                                    APHIS would also change its risk                        demonstrate that they have the authority                 Supporting documents and any
                                                    designation for the country.                            to conduct oversight of the compliance
                                                       Within the United States, the Food                                                                         comments we receive on this docket
                                                                                                            with such requirements.                               may be viewed at http://
                                                    and Drug Administration (FDA) is the
                                                                                                               Therefore, in accordance with the                  www.regulations.gov/
                                                    Federal agency responsible for
                                                                                                            regulations in § 92.5, we are announcing              #!docketDetail;D=APHIS-2016-0035 or
                                                      1 To view the notice and the comment we               our decision to concur with the OIE risk              in our reading room, which is located in
                                                    received, go to http://www.regulations.gov/             classifications of the following                      Room 1141 of the USDA South
                                                    #!docketDetail;D=APHIS-2016-0092.                       countries:                                            Building, 14th Street and Independence


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Document Created: 2017-08-08 00:17:23
Document Modified: 2017-08-08 00:17:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactDr. 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 Citation82 FR 37041 

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