83_FR_15561 83 FR 15491 - Rinderpest; Update of Communicable Animal Disease Provisions

83 FR 15491 - Rinderpest; Update of Communicable Animal Disease Provisions

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range15491-15495
FR Document2018-07232

We are amending the regulations concerning communicable diseases of livestock and poultry, interstate transportation and importation of animals (including poultry) and animal products, and permits for biological products to remove references to the animal disease rinderpest. This action reflects recognition by the Animal and Plant Health Inspection Service that rinderpest has been eradicated worldwide, and removes restrictions that are no longer necessary due to eradication of the disease. This action better aligns our regulations with World Organization for Animal Health guidelines for international trade as they pertain to rinderpest.

Federal Register, Volume 83 Issue 70 (Wednesday, April 11, 2018)
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Rules and Regulations]
[Pages 15491-15495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07232]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / 
Rules and Regulations

[[Page 15491]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 53, 71, 91, 93, 94, 95, 98, and 104

[Docket No. APHIS-2017-0070]


Rinderpest; Update of Communicable Animal Disease Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations concerning communicable 
diseases of livestock and poultry, interstate transportation and 
importation of animals (including poultry) and animal products, and 
permits for biological products to remove references to the animal 
disease rinderpest. This action reflects recognition by the Animal and 
Plant Health Inspection Service that rinderpest has been eradicated 
worldwide, and removes restrictions that are no longer necessary due to 
eradication of the disease. This action better aligns our regulations 
with World Organization for Animal Health guidelines for international 
trade as they pertain to rinderpest.

DATES: Effective April 11, 2018.

FOR FURTHER INFORMATION CONTACT: Dr. Ingrid Kotowski, Regionalization 
Evaluation Services, National Import Export Services, Veterinary 
Services, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606; 
(919) 855-7732; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 9 CFR chapter I, subchapters B through E 
(referred to below as the regulations) govern, among other things, 
cooperative control and eradication of livestock and poultry diseases, 
importation and interstate transportation of animals (including 
poultry) and animal products, and permits for biological products. 
Rinderpest, a communicable animal disease, is referenced in various 
places throughout the regulations. Because rinderpest has been 
eradicated worldwide, the Animal and Plant Health Inspection Service 
(APHIS) is removing references to rinderpest where they occur in the 
regulations, except for regulations pertaining to select agents and 
toxins. This action will remove restrictions that are no longer 
necessary due to eradication of the disease, and will better align 
APHIS regulations with World Organization for Animal Health (OIE) 
guidelines for international trade as they pertain to rinderpest. This 
rule does not change the regulations or requirements associated with 
other animal diseases, nor does it make any substantive changes to the 
regulations.

Reference Removal

    Part 53 of the regulations pertains to State and Federal 
cooperative control of certain communicable diseases of livestock or 
poultry. This rule will remove the word ``rinderpest'' from the title 
of part 53, and amends the definition of disease in Sec.  53.1 to 
remove the reference to rinderpest. In part 71, which specifies general 
provisions regarding the interstate transportation of animals 
(including poultry) and animal products, we are amending a paragraph in 
Sec.  71.3 to remove rinderpest from a list of animal diseases 
affecting the interstate movement of livestock or poultry.
    Subchapter D (parts 91 through 99), which pertains to the 
exportation and importation of animals (including poultry) and animal 
products, contains the majority of references to rinderpest that this 
rule will remove. In part 93, references to rinderpest will be removed 
from Sec. Sec.  93.404, 93.405, 93.504, and 93.505, which specify 
requirements for import permits and health certificates. Part 94, which 
concerns prohibited and restricted importations, will be amended to 
remove the word ``rinderpest'' from its title, as well as from 
Sec. Sec.  94.1 through 94.4, 94.11, 94.16, and 94.17. Part 95 pertains 
to sanitary control of animal byproducts (except casings), and hay and 
straw, offered for entry into the United States. This rule amends the 
definition of approved chlorinating equipment in Sec.  95.1 to remove 
its reference to rinderpest, and makes similar editorial adjustments to 
remove references to rinderpest in Sec. Sec.  95.3, 95.16 through 
95.21, 95.23, 95.25 through 95.28, 95.32, 95.34, and 95.37.
    In part 98, which concerns the importation of certain animal 
embryos and animal semen, references to rinderpest will be removed from 
regulations in Sec. Sec.  98.3, 98.12, 98.13, 98.15, 98.16, and 98.34, 
as well as from the titles of subparts A and B. We note that, 
consistent with the removal of rinderpest-related references from APHIS 
animal import regulations, APHIS will no longer display its web-based 
list of regions that APHIS has declared free from rinderpest.
    Finally, part 104 of the regulations specifies requirements for 
permits for biological products. In Sec.  104.2, we are removing the 
reference to rinderpest from a list of exotic diseases that, when 
present in a country, precludes the issuance of permits for biological 
products from that country. We are making an additional nonsubstantive 
change to correct a typographical error in Sec.  104.2(b) by adding a 
comma and space between the words ``influenza'' and ``swine'' in that 
section.

Miscellaneous Changes

    We are updating the authority citations for part 91 and part 94 in 
this document to reflect U.S. Code citations that have been repealed or 
redesignated. In the authority citation for part 91, 46 U.S.C. 3901 and 
3902 will be removed; in the authority citation for part 94, 7 U.S.C. 
450 will be redesignated as 7 U.S.C. 1633.

Effective Date

    This rule relates to internal agency management and makes various 
nonsubstantive changes to the regulations in 9 CFR to reflect the 
worldwide eradication of the animal disease rinderpest. Because the 
changes contained in this rule are nonsubstantive in nature, notice and 
other public procedure on this rule are unnecessary and contrary to the 
public interest. Therefore, pursuant to 5 U.S.C. 553, notice of 
proposed rulemaking and opportunity to comment are not required, and 
this rule may be made effective less than 30 days after publication in 
the Federal Register. Further, since this rule relates to internal 
agency management, it is

[[Page 15492]]

exempt from the provisions of Executive Orders 12866, 12988, and 13771. 
Finally, this action is not a rule as defined by the Regulatory 
Flexibility Act (5 U.S.C. 501) and, thus, is exempt from the provisions 
of that Act.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 2 CFR chapter IV.)

Paperwork Reduction Act

    This final rule contains no new reporting, recordkeeping, or third 
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 53

    Animal diseases, Indemnity payments, Livestock, Poultry and poultry 
products.

9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 95

    Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping 
requirements, Straw, Transportation.

9 CFR Part 98

    Animal diseases, Imports.

9 CFR Part 104

    Animal biologics, Imports, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, we are amending 9 CFR parts 53, 71, 91, 93, 94, 95, 
98, and 104 as follows:

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, AND CERTAIN OTHER 
COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

0
1. The authority citation for part 53 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
2. The heading of part 53 is revised to read as set forth above.

0
3. In Sec.  53.1, the definition of disease is revised to read as 
follows:


Sec.  53.1  Definitions.

* * * * *
    Disease. Foot-and-mouth disease, contagious pleuropneumonia, 
Newcastle disease, highly pathogenic avian influenza, infectious salmon 
anemia, spring viremia of carp, or any other communicable disease of 
livestock or poultry that in the opinion of the Secretary constitutes 
an emergency and threatens the livestock or poultry of the United 
States.
* * * * *

PART 71--GENERAL PROVISIONS

0
4. The authority citation for part 71 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  71.3  [Amended]

0
5. In Sec.  71.3, paragraph (b) is amended by removing the word 
``rinderpest,''.

PART 91--EXPORTATION OF LIVE ANIMALS, HATCHING EGGS OR OTHER 
EMBRYONATED EGGS, ANIMAL SEMEN, ANIMAL EMBRYOS, AND GAMETES FROM 
THE UNITED STATES

0
6. The authority citation for part 91 is revised to read as follows:

    Authority:  7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 
136, 136a, and 618; 7 CFR 2.22, 2.80, and 371.4.

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

0
7. The authority citation for part 93 continues to read as follows:

    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.


Sec.  93.404  [Amended]

0
8. Section 93.404 is amended as follows:
0
a. In paragraph (a)(2), by removing the words ``rinderpest or'';
0
b. In the heading for paragraph (c), by removing the words ``or 
rinderpest'';
0
c. In paragraph (c) introductory text, by removing the words ``or 
rinderpest exist'' and adding the word ``exists'' in their place; and
0
d. In paragraph (c)(4), in the ``Agreement for the Importation, 
Quarantine and Exhibition of Certain Wild Ruminants and Wild Swine'':
0
i. In the introductory text, by removing the words ``or rinderpest'';
0
ii. In paragraph 1, by removing the word ``rinderpest,'';
0
iii. In paragraph 2, by removing the words ``rinderpest or''; and
0
iv. In paragraph 6, by removing the word ``rinderpest,'' both times it 
appears.


Sec.  93.405  [Amended]

0
9. In Sec.  93.405, paragraph (a)(1) is amended by removing the word 
``rinderpest,''.


Sec.  93.504  [Amended]

0
10. Section 93.504 is amended as follows:
0
a. In paragraph (a)(2), by removing the words ``rinderpest or'';
0
b. In the heading for paragraph (c), by removing the words ``or 
rinderpest'';
0
c. In paragraph (c) introductory text, by removing the words ``or 
rinderpest exist'' and adding the word ``exists'' in their place; and
0
d. In paragraph (c)(4), in the ``Agreement for the Importation, 
Quarantine and Exhibition of Certain Wild Ruminants and Wild Swine'':
0
i. In the introductory text, by removing the words ``or rinderpest'';
0
ii. In paragraph 1, by removing the word ``rinderpest,'';
0
iii. In paragraph 2, by removing the words ``rinderpest or''; and
0
iv. In paragraph 6, by removing the word ``rinderpest,'' both times it 
appears.


Sec.  93.505  [Amended]

0
11. In Sec.  93.505, paragraph (a) is amended by removing the word 
``rinderpest,''.

[[Page 15493]]

PART 94--FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY 
PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE 
FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM 
ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

0
12. The authority citation for part 94 is revised to read as follows:

    Authority:  7 U.S.C. 1633, 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.


0
13. The heading of part 94 is revised to read as set forth above.

0
14. Section 94.1 is amended as follows:
0
a. By revising the section heading;
0
b. By revising paragraph (a) introductory text;
0
c. In paragraph (a)(1):
0
i. By removing the words ``rinderpest and a list of regions APHIS has 
declared free of'';
0
ii. By removing the words ``foot and mouth'' and adding the words 
``foot-and-mouth'' in their place; and
0
iii. By removing the word ``are'' immediately before the word 
``maintained'' and adding the word ``is'' in its place;
0
d. By revising paragraph (a)(2);
0
e. In paragraphs (b) and (c), by removing the words ``rinderpest or'' 
each time they appear; and
0
f. In paragraph (d) introductory text, by removing the words ``and 
rinderpest'' and ``rinderpest or''.
    The revisions read as follows:


Sec.  94.1  Regions where foot-and-mouth disease exists; importations 
prohibited.

    (a) APHIS considers foot-and-mouth disease to exist in all regions 
of the world except those declared free of the disease by APHIS.
* * * * *
    (2) APHIS will add a region to the list of those it has declared 
free of foot-and-mouth disease after it conducts an evaluation of the 
region in accordance with Sec.  92.2 of this subchapter and finds that 
the disease is not present. In the case of a region formerly on this 
list that is removed due to an outbreak, the region may be returned to 
the list in accordance with the procedures for reestablishment of a 
region's disease-free status in Sec.  92.4 of this subchapter. APHIS 
will remove a region from the list of those it has declared free of 
foot-and-mouth disease upon determining that the disease exists in the 
region based on reports APHIS receives of outbreaks of the disease from 
veterinary officials of the exporting country, from the World 
Organization for Animal Health (OIE), or from other sources the 
Administrator determines to be reliable.
* * * * *


Sec.  94.2  [Amended]

0
15. Section 94.2 is amended by removing the words ``rinderpest or'' 
both times they appear.


Sec.  94.3  [Amended]

0
16. Section 94.3 is amended by removing the words ``rinderpest or''.

0
17. Section 94.4 is amended by revising the section heading and by 
removing the words ``rinderpest or'' each time they appear.
    The revision reads as follows:


Sec.  94.4  Cured or cooked meat from regions where foot-and-mouth 
disease exists.

* * * * *

0
18. Section 94.11 is amended as follows:
0
a. By revising paragraph (a)(1);
0
b. In paragraph (a)(3), by removing the words ``rinderpest or''; and
0
c. In paragraph (c), by removing the words ``rinderpest or'' and 
``rinderpest and'' each time they appear.
    The revision reads as follows:


Sec.  94.11  Restrictions on importation of meat and other animal 
products from specific regions.

    (a) * * *
    (1) The regions listed under paragraph (a)(2) of this section have 
been declared free of foot-and-mouth disease by APHIS as provided in 
Sec.  94.1(a) but supplement their national meat supply by the 
importation of fresh (chilled or frozen) meat of ruminants or swine 
from regions that APHIS considers to be affected with foot-and-mouth 
disease as provided in Sec.  94.1(a); or have a common land border with 
regions considered to be affected with foot-and-mouth disease; or 
import ruminants or swine from regions considered to be affected with 
foot-and-mouth disease under conditions less restrictive than would be 
acceptable for importation into the United States. Thus, the meat may 
be commingled with the fresh (chilled or frozen) meat of animals from 
an affected region, resulting in an undue risk of introducing foot-and-
mouth disease into the United States.
* * * * *


Sec.  94.16  [Amended]

0
19. Section 94.16 is amended as follows:
0
a. In paragraph (b) introductory text, by removing the words 
``rinderpest or'';
0
b. In paragraph (c) introductory text, by removing the words 
``rinderpest and'' and by removing the word ``either'' and adding the 
word ``the'' in its place; and
0
c. In paragraph (d), by removing the words ``rinderpest and'' and 
``rinderpest or'' each time they appear.

0
20. Section 94.17 is amended as follows:
0
a. By revising the section heading;
0
b. In paragraphs (b) and (c), by removing the word ``rinderpest,''; and
0
c. By revising paragraph (m)(1).
    The revisions read as follows:


Sec.  94.17  Dry-cured pork products from regions where foot-and-mouth 
disease, African swine fever, classical swine fever, or swine vesicular 
disease exists.

* * * * *
    (m) * * *
    (1) The ham, if it is an Italian-type ham processed in accordance 
with paragraph (i)(1) of this section, was processed in a region which 
has submitted, through its veterinary services, to the Administrator, a 
written statement stating that it conducts a program to authorize 
persons to supervise activities specified under this section;
* * * * *

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

0
21. The authority for part 95 continues to read as follows:

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


0
22. In Sec.  95.1, the definition of approved chlorinating equipment is 
revised to read as follows:


Sec.  95.1  Definitions.

* * * * *
    Approved chlorinating equipment means equipment approved by 
Veterinary Services as efficient for the disinfection of effluents 
against the contagion of foot-and-mouth disease.
* * * * *

0
23. Section 95.3 is revised to read as follows:


Sec.  95.3  Byproducts from diseased animals prohibited.

    The importation of any animal byproduct taken or removed from an 
animal affected with anthrax, foot-and-mouth disease, highly pathogenic 
avian influenza, or Newcastle disease is prohibited.


Sec.  95.16  [Amended]

0
24. Section 95.16 is amended as follows:

[[Page 15494]]

0
a. In paragraph (a)(1), by removing the words ``rinderpest and'' and 
``, rinderpest,''; and
0
b. In paragraph (a)(3)(ii), by removing the comma after the word 
``anthrax'' and adding the word ``and'' in its place and by removing 
the words ``, and rinderpest''.


Sec.  95.17  [Amended]

0
25. In Sec.  95.17, paragraph (c) is amended by removing the word 
``rinderpest,''.

0
26. Section 95.18 is amended as follows:
0
a. In paragraph (a), by removing the words ``or rinderpest''; and
0
b. By revising paragraph (c).
    The revision reads as follows:


Sec.  95.18  Wool, hair, and bristles; requirements for unrestricted 
entry.

* * * * *
    (c) Wool, hair, or bristles taken from sheep, goats, cattle, or 
swine, when such animals have been slaughtered under national 
government inspection in a region \3\ and in an abattoir in which is 
maintained an inspection service determined by the Secretary of 
Agriculture to be adequate to assure that such materials have been 
removed from animals found at time of slaughter to be free from anthrax 
and foot-and-mouth disease, and to assure further the identity of such 
materials until loaded upon the transporting vessel, may be imported 
without other restriction if accompanied by a certificate bearing the 
seal of the proper department of said national government and signed by 
an official veterinary inspector of such region showing that the 
therein described wool, hair, or bristles were taken from animals 
slaughtered in such specified abattoir and found free from anthrax and 
foot-and-mouth disease.
---------------------------------------------------------------------------

    \3\ See footnote 2 in Sec.  95.16.
---------------------------------------------------------------------------

* * * * *


Sec.  95.19  [Amended]

0
27. In Sec.  95.19, paragraph (c) is amended by removing the words 
``and rinderpest''.

0
28. Section 95.20 is amended as follows:
0
a. In paragraph (a), by removing the words ``or rinderpest''; and
0
b. By revising paragraph (c).
    The revision reads as follows:


Sec.  95.20  Glue stock; requirements for unrestricted entry.

* * * * *
    (c) Glue stock taken from cattle, sheep, goats, or swine 
slaughtered under national government inspection in a region \4\ and in 
an abattoir in which is maintained an inspection service determined by 
the Secretary of Agriculture to be adequate to assure that such 
materials have been removed from animals found at time of slaughter to 
be free from anthrax and foot-and-mouth disease, and to assure further 
the identity of such materials until loaded upon the transporting 
vessel, may be imported without other restriction if accompanied by a 
certificate bearing the seal of the proper department of said national 
government and signed by an official veterinary inspector of such 
region showing that the therein described glue stock was taken from 
animals slaughtered in such specified abattoir and found free from 
anthrax and foot-and-mouth disease.
---------------------------------------------------------------------------

    \4\ See footnote 2 in Sec.  95.16.
---------------------------------------------------------------------------

* * * * *


Sec.  95.21  [Amended]

0
29. In Sec.  95.21, paragraph (c) is amended by removing the words 
``and rinderpest''.


Sec.  95.23  [Amended]

0
30. In Sec.  95.23, paragraph (c) is amended by removing the word 
``rinderpest,''.


Sec.  95.25  [Amended]

0
31. In Sec.  95.25, paragraph (a) is amended by removing the words ``or 
rinderpest''.


Sec.  95.26  [Amended]

0
32. Section 95.26 is amended by removing the words ``or rinderpest''.


Sec.  95.27  [Amended]

0
33. In Sec.  95.27, paragraph (c) is amended by removing the words 
``and rinderpest''.


Sec.  95.28  [Amended]

0
34. Section 95.28 is amended by removing the words ``or rinderpest''.


Sec.  95.32  [Amended]

0
35. Section 95.32 is amended by removing the words ``or rinderpest''.


Sec.  95.34  [Amended]

0
36. Section 95.34 is amended as follows:
0
a. In the introductory text, by removing the words ``rinderpest or''; 
and
0
b. In paragraph (c), by removing the words ``and rinderpest''.


Sec.  95.37  [Amended]

0
37. Section 95.37 is amended as follows:
0
a. In paragraph (c) introductory text, by removing the words ``and 
rinderpest''; and
0
b. In paragraph (d), by removing the words ``rinder-pest or''.

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

0
38. The authority citation for part 98 continues to read as follows:

    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.

0
39. The heading for subpart A is revised to read as follows:

Subpart A--Ruminant and Swine Embryos From Regions Free of Foot-
and-Mouth Disease; and Embryos of Horses and Asses


Sec.  98.3  [Amended]

0
40. In Sec.  98.3, the introductory text is amended by removing the 
words ``rinderpest and''.

0
41. The heading for subpart B is revised to read as follows:

Subpart B--Ruminant and Swine Embryos From Regions Where Foot-and-
Mouth Disease Exists


Sec.  98.12   [Amended]

0
42. In Sec.  98.12, paragraph (a) is amended by removing the words 
``rinderpest or''.


Sec.  98.13   [Amended]

0
43. In Sec.  98.13, paragraph (a) is amended by removing the words ``or 
rinderpest''.


Sec.  98.15   [Amended]

0
44. Section 98.15 is amended as follows:
0
a. In the introductory text, by removing the words ``rinderpest or'';
0
b. In paragraphs (a)(1)(i) and (ii) and (a)(2)(i) and (ii), by removing 
the word ``rinderpest,'';
0
c. In paragraph (a)(3), by removing the words ``either rinderpest or''; 
and
0
d. In paragraphs (a)(5)(ii)(A) and (B), (a)(7)(i)(A) and (B), and 
(a)(8)(i)(A) and (B), by removing the word ``rinderpest,''.


Sec.  98.16  [Amended]

0
45. In Sec.  98.16, the introductory text is amended by removing the 
words ``rinderpest or''.

0
46. Section 98.34 is amended as follows:
0
a. In paragraph (a)(2), by removing the words ``or rinderpest'';
0
b. In the heading and introductory text of paragraph (c), by removing 
the words ``rinderpest or'';
0
c. By revising paragraph (c)(1)(i);
0
d. In paragraph (c)(1)(ii), by removing the words ``rinderpest or'' 
both times they appear;

[[Page 15495]]

0
e. In paragraph (c)(1)(iii), by removing the word ``rinderpest,'';
0
f. In paragraphs (c)(1)(v) and (c)(5) and (6), by removing the words 
``rinderpest or''; and
0
g. In paragraph (c)(7), by removing the word ``rinderpest,''.
    The revision reads as follows:


Sec.  98.34  Import permits for poultry semen and animal semen.

* * * * *
    (c) * * *
    (1) * * *
    (i) The donor animal shall have been inspected on the farm of 
origin or on another premises (the inspection may be on another 
premises only if a veterinarian of the Department has traced the donor 
animal back to its farm of origin) by a veterinarian of the United 
States Department of Agriculture who, in cooperation with the 
veterinary service of the region of origin of the donor animal, shall 
have determined, insofar as possible, that the donor animal was never 
infected with foot-and-mouth disease; that the donor animal was never 
on a farm or other premises where foot-and-mouth disease then existed; 
that the donor animal has not been on a premises that had an animal 
that was susceptible to the virus of foot-and-mouth disease and that 
was exposed to the disease during the 12 months immediately prior to 
the date of inspection of the donor animal; that the donor animal, if a 
swine, has never been vaccinated against foot-and-mouth disease; and 
that the donor animal was free from evidence of other communicable 
disease;
* * * * *

PART 104--PERMITS FOR BIOLOGICAL PRODUCTS

0
47. The authority for part 104 continues to read as follows:

    Authority:  21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.


0
48. Section 104.2 is amended by revising paragraph (b) to read as 
follows:


Sec.  104.2  Permit authorized.

* * * * *
    (b) A permit shall not be issued for a biological product from 
countries known to have exotic diseases, including but not limited to 
foot-and-mouth disease, highly pathogenic avian influenza, swine 
vesicular disease, Newcastle disease, and African swine fever, if in 
the opinion of the Administrator, such products may endanger the 
livestock or poultry of this country.
* * * * *

    Done in Washington, DC, this 4th day of April 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-07232 Filed 4-10-18; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                              15491

                                              Rules and Regulations                                                                                         Federal Register
                                                                                                                                                            Vol. 83, No. 70

                                                                                                                                                            Wednesday, April 11, 2018



                                              This section of the FEDERAL REGISTER                    transportation of animals (including                  remove its reference to rinderpest, and
                                              contains regulatory documents having general            poultry) and animal products, and                     makes similar editorial adjustments to
                                              applicability and legal effect, most of which           permits for biological products.                      remove references to rinderpest in
                                              are keyed to and codified in the Code of                Rinderpest, a communicable animal                     §§ 95.3, 95.16 through 95.21, 95.23,
                                              Federal Regulations, which is published under           disease, is referenced in various places              95.25 through 95.28, 95.32, 95.34, and
                                              50 titles pursuant to 44 U.S.C. 1510.
                                                                                                      throughout the regulations. Because                   95.37.
                                              The Code of Federal Regulations is sold by              rinderpest has been eradicated                           In part 98, which concerns the
                                              the Superintendent of Documents.                        worldwide, the Animal and Plant                       importation of certain animal embryos
                                                                                                      Health Inspection Service (APHIS) is                  and animal semen, references to
                                                                                                      removing references to rinderpest where               rinderpest will be removed from
                                              DEPARTMENT OF AGRICULTURE                               they occur in the regulations, except for             regulations in §§ 98.3, 98.12, 98.13,
                                                                                                      regulations pertaining to select agents               98.15, 98.16, and 98.34, as well as from
                                              Animal and Plant Health Inspection                      and toxins. This action will remove                   the titles of subparts A and B. We note
                                              Service                                                 restrictions that are no longer necessary             that, consistent with the removal of
                                                                                                      due to eradication of the disease, and                rinderpest-related references from
                                              9 CFR Parts 53, 71, 91, 93, 94, 95, 98,                 will better align APHIS regulations with              APHIS animal import regulations,
                                              and 104                                                 World Organization for Animal Health                  APHIS will no longer display its web-
                                              [Docket No. APHIS–2017–0070]                            (OIE) guidelines for international trade              based list of regions that APHIS has
                                                                                                      as they pertain to rinderpest. This rule              declared free from rinderpest.
                                              Rinderpest; Update of Communicable                      does not change the regulations or                       Finally, part 104 of the regulations
                                              Animal Disease Provisions                               requirements associated with other                    specifies requirements for permits for
                                                                                                      animal diseases, nor does it make any                 biological products. In § 104.2, we are
                                              AGENCY:  Animal and Plant Health                        substantive changes to the regulations.               removing the reference to rinderpest
                                              Inspection Service, USDA.                                                                                     from a list of exotic diseases that, when
                                              ACTION: Final rule.                                     Reference Removal                                     present in a country, precludes the
                                                                                                         Part 53 of the regulations pertains to             issuance of permits for biological
                                              SUMMARY:    We are amending the                         State and Federal cooperative control of              products from that country. We are
                                              regulations concerning communicable                     certain communicable diseases of                      making an additional nonsubstantive
                                              diseases of livestock and poultry,                      livestock or poultry. This rule will                  change to correct a typographical error
                                              interstate transportation and                           remove the word ‘‘rinderpest’’ from the               in § 104.2(b) by adding a comma and
                                              importation of animals (including                       title of part 53, and amends the                      space between the words ‘‘influenza’’
                                              poultry) and animal products, and                       definition of disease in § 53.1 to remove             and ‘‘swine’’ in that section.
                                              permits for biological products to                      the reference to rinderpest. In part 71,              Miscellaneous Changes
                                              remove references to the animal disease                 which specifies general provisions
                                              rinderpest. This action reflects                                                                                 We are updating the authority
                                                                                                      regarding the interstate transportation of            citations for part 91 and part 94 in this
                                              recognition by the Animal and Plant                     animals (including poultry) and animal
                                              Health Inspection Service that                                                                                document to reflect U.S. Code citations
                                                                                                      products, we are amending a paragraph                 that have been repealed or redesignated.
                                              rinderpest has been eradicated                          in § 71.3 to remove rinderpest from a list
                                              worldwide, and removes restrictions                                                                           In the authority citation for part 91, 46
                                                                                                      of animal diseases affecting the                      U.S.C. 3901 and 3902 will be removed;
                                              that are no longer necessary due to                     interstate movement of livestock or
                                              eradication of the disease. This action                                                                       in the authority citation for part 94, 7
                                                                                                      poultry.                                              U.S.C. 450 will be redesignated as 7
                                              better aligns our regulations with World
                                                                                                         Subchapter D (parts 91 through 99),                U.S.C. 1633.
                                              Organization for Animal Health
                                                                                                      which pertains to the exportation and
                                              guidelines for international trade as they                                                                    Effective Date
                                                                                                      importation of animals (including
                                              pertain to rinderpest.
                                                                                                      poultry) and animal products, contains                   This rule relates to internal agency
                                              DATES: Effective April 11, 2018.                        the majority of references to rinderpest              management and makes various
                                              FOR FURTHER INFORMATION CONTACT: Dr.                    that this rule will remove. In part 93,               nonsubstantive changes to the
                                              Ingrid Kotowski, Regionalization                        references to rinderpest will be removed              regulations in 9 CFR to reflect the
                                              Evaluation Services, National Import                    from §§ 93.404, 93.405, 93.504, and                   worldwide eradication of the animal
                                              Export Services, Veterinary Services,                   93.505, which specify requirements for                disease rinderpest. Because the changes
                                              APHIS, 920 Main Campus Drive, Suite                     import permits and health certificates.               contained in this rule are
                                              200, Raleigh, NC 27606; (919) 855–7732;                 Part 94, which concerns prohibited and                nonsubstantive in nature, notice and
                                              email: Ingrid.Kotowski@aphis.usda.gov.                  restricted importations, will be                      other public procedure on this rule are
                                              SUPPLEMENTARY INFORMATION:                              amended to remove the word                            unnecessary and contrary to the public
                                                                                                      ‘‘rinderpest’’ from its title, as well as             interest. Therefore, pursuant to 5 U.S.C.
                                              Background
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                                                                                                      from §§ 94.1 through 94.4, 94.11, 94.16,              553, notice of proposed rulemaking and
                                                The regulations in 9 CFR chapter I,                   and 94.17. Part 95 pertains to sanitary               opportunity to comment are not
                                              subchapters B through E (referred to                    control of animal byproducts (except                  required, and this rule may be made
                                              below as the regulations) govern, among                 casings), and hay and straw, offered for              effective less than 30 days after
                                              other things, cooperative control and                   entry into the United States. This rule               publication in the Federal Register.
                                              eradication of livestock and poultry                    amends the definition of approved                     Further, since this rule relates to
                                              diseases, importation and interstate                    chlorinating equipment in § 95.1 to                   internal agency management, it is


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                                              15492            Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations

                                              exempt from the provisions of Executive                 PART 53—FOOT-AND-MOUTH                                § 93.404    [Amended]
                                              Orders 12866, 12988, and 13771.                         DISEASE, PLEUROPNEUMONIA, AND
                                              Finally, this action is not a rule as                                                                         ■ 8. Section 93.404 is amended as
                                                                                                      CERTAIN OTHER COMMUNICABLE
                                              defined by the Regulatory Flexibility                   DISEASES OF LIVESTOCK OR                              follows:
                                              Act (5 U.S.C. 501) and, thus, is exempt                 POULTRY                                               ■ a. In paragraph (a)(2), by removing the
                                              from the provisions of that Act.                                                                              words ‘‘rinderpest or’’;
                                              Executive Order 12372                                   ■ 1. The authority citation for part 53               ■ b. In the heading for paragraph (c), by
                                                                                                      continues to read as follows:                         removing the words ‘‘or rinderpest’’;
                                                This program/activity is listed in the
                                                                                                        Authority: 7 U.S.C. 8301–8317; 7 CFR                ■ c. In paragraph (c) introductory text,
                                              Catalog of Federal Domestic Assistance                  2.22, 2.80, and 371.4.
                                              under No. 10.025 and is subject to                                                                            by removing the words ‘‘or rinderpest
                                              Executive Order 12372, which requires                   ■ 2. The heading of part 53 is revised to             exist’’ and adding the word ‘‘exists’’ in
                                              intergovernmental consultation with                     read as set forth above.                              their place; and
                                              State and local officials. (See 2 CFR                   ■  3. In § 53.1, the definition of disease            ■ d. In paragraph (c)(4), in the
                                              chapter IV.)                                            is revised to read as follows:                        ‘‘Agreement for the Importation,
                                              Paperwork Reduction Act                                                                                       Quarantine and Exhibition of Certain
                                                                                                      § 53.1   Definitions.                                 Wild Ruminants and Wild Swine’’:
                                                This final rule contains no new                       *     *     *     *    *                              ■ i. In the introductory text, by
                                              reporting, recordkeeping, or third party
                                                                                                        Disease. Foot-and-mouth disease,                    removing the words ‘‘or rinderpest’’;
                                              disclosure requirements under the
                                                                                                      contagious pleuropneumonia,                           ■ ii. In paragraph 1, by removing the
                                              Paperwork Reduction Act of 1995 (44
                                                                                                      Newcastle disease, highly pathogenic                  word ‘‘rinderpest,’’;
                                              U.S.C. 3501 et seq.).
                                                                                                      avian influenza, infectious salmon
                                              List of Subjects                                        anemia, spring viremia of carp, or any                ■ iii. In paragraph 2, by removing the
                                                                                                      other communicable disease of livestock               words ‘‘rinderpest or’’; and
                                              9 CFR Part 53
                                                                                                      or poultry that in the opinion of the                 ■ iv. In paragraph 6, by removing the
                                                Animal diseases, Indemnity                            Secretary constitutes an emergency and                word ‘‘rinderpest,’’ both times it
                                              payments, Livestock, Poultry and                        threatens the livestock or poultry of the             appears.
                                              poultry products.                                       United States.
                                                                                                      *     *     *     *    *                              § 93.405    [Amended]
                                              9 CFR Part 71
                                                                                                      PART 71—GENERAL PROVISIONS                            ■  9. In § 93.405, paragraph (a)(1) is
                                                Animal diseases, Livestock, Poultry
                                                                                                                                                            amended by removing the word
                                              and poultry products, Quarantine,
                                              Reporting and recordkeeping                             ■ 4. The authority citation for part 71               ‘‘rinderpest,’’.
                                              requirements, Transportation.                           continues to read as follows:                         § 93.504    [Amended]
                                              9 CFR Part 91                                             Authority: 7 U.S.C. 8301–8317; 7 CFR
                                                                                                      2.22, 2.80, and 371.4.                                ■ 10. Section 93.504 is amended as
                                                Animal diseases, Animal welfare,                                                                            follows:
                                              Exports, Livestock, Reporting and                       § 71.3   [Amended]
                                                                                                                                                            ■ a. In paragraph (a)(2), by removing the
                                              recordkeeping requirements,                                                                                   words ‘‘rinderpest or’’;
                                                                                                      ■ 5. In § 71.3, paragraph (b) is amended
                                              Transportation.
                                                                                                      by removing the word ‘‘rinderpest,’’.                 ■ b. In the heading for paragraph (c), by
                                              9 CFR Part 93                                                                                                 removing the words ‘‘or rinderpest’’;
                                                                                                      PART 91—EXPORTATION OF LIVE
                                                Animal diseases, Imports, Livestock,                  ANIMALS, HATCHING EGGS OR                             ■ c. In paragraph (c) introductory text,
                                              Poultry and poultry products, Reporting                 OTHER EMBRYONATED EGGS,                               by removing the words ‘‘or rinderpest
                                              and recordkeeping requirements.                         ANIMAL SEMEN, ANIMAL EMBRYOS,                         exist’’ and adding the word ‘‘exists’’ in
                                              9 CFR Part 94                                           AND GAMETES FROM THE UNITED                           their place; and
                                                                                                      STATES                                                ■ d. In paragraph (c)(4), in the
                                                Animal diseases, Imports, Livestock,                                                                        ‘‘Agreement for the Importation,
                                              Meat and meat products, Milk, Poultry                   ■ 6. The authority citation for part 91 is            Quarantine and Exhibition of Certain
                                              and poultry products, Reporting and                     revised to read as follows:                           Wild Ruminants and Wild Swine’’:
                                              recordkeeping requirements.
                                                                                                        Authority: 7 U.S.C. 8301–8317; 19 U.S.C.            ■ i. In the introductory text, by
                                              9 CFR Part 95                                           1644a(c); 21 U.S.C. 136, 136a, and 618; 7 CFR         removing the words ‘‘or rinderpest’’;
                                                                                                      2.22, 2.80, and 371.4.
                                                Animal feeds, Hay, Imports,                                                                                 ■ ii. In paragraph 1, by removing the
                                              Livestock, Reporting and recordkeeping                  PART 93—IMPORTATION OF CERTAIN                        word ‘‘rinderpest,’’;
                                              requirements, Straw, Transportation.                    ANIMALS, BIRDS, FISH, AND                             ■ iii. In paragraph 2, by removing the
                                              9 CFR Part 98                                           POULTRY, AND CERTAIN ANIMAL,                          words ‘‘rinderpest or’’; and
                                                                                                      BIRD, AND POULTRY PRODUCTS;
                                                 Animal diseases, Imports.                            REQUIREMENTS FOR MEANS OF                             ■ iv. In paragraph 6, by removing the
                                                                                                      CONVEYANCE AND SHIPPING                               word ‘‘rinderpest,’’ both times it
                                              9 CFR Part 104                                                                                                appears.
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                                                                                                      CONTAINERS
                                                Animal biologics, Imports, Reporting
                                                                                                                                                            § 93.505    [Amended]
                                              and recordkeeping requirements,                         ■ 7. The authority citation for part 93
                                              Transportation.                                         continues to read as follows:                         ■  11. In § 93.505, paragraph (a) is
                                                Accordingly, we are amending 9 CFR                      Authority: 7 U.S.C. 1622 and 8301–8317;             amended by removing the word
                                              parts 53, 71, 91, 93, 94, 95, 98, and 104               21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7             ‘‘rinderpest,’’.
                                              as follows:                                             CFR 2.22, 2.80, and 371.4.



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                                                               Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations                                            15493

                                              PART 94—FOOT-AND-MOUTH                                  officials of the exporting country, from              and by removing the word ‘‘either’’ and
                                              DISEASE, NEWCASTLE DISEASE,                             the World Organization for Animal                     adding the word ‘‘the’’ in its place; and
                                              HIGHLY PATHOGENIC AVIAN                                 Health (OIE), or from other sources the               ■ c. In paragraph (d), by removing the
                                              INFLUENZA, AFRICAN SWINE FEVER,                         Administrator determines to be reliable.              words ‘‘rinderpest and’’ and ‘‘rinderpest
                                              CLASSICAL SWINE FEVER, SWINE                            *     *      *     *    *                             or’’ each time they appear.
                                              VESICULAR DISEASE, AND BOVINE                                                                                 ■ 20. Section 94.17 is amended as
                                              SPONGIFORM ENCEPHALOPATHY:                              § 94.2    [Amended]                                   follows:
                                              PROHIBITED AND RESTRICTED                               ■ 15. Section 94.2 is amended by                      ■ a. By revising the section heading;
                                              IMPORTATIONS                                            removing the words ‘‘rinderpest or’’                  ■ b. In paragraphs (b) and (c), by
                                                                                                      both times they appear.                               removing the word ‘‘rinderpest,’’; and
                                              ■  12. The authority citation for part 94                                                                     ■ c. By revising paragraph (m)(1).
                                              is revised to read as follows:                          § 94.3    [Amended]                                     The revisions read as follows:
                                                Authority: 7 U.S.C. 1633, 7701–7772,                  ■ 16. Section 94.3 is amended by                      § 94.17 Dry-cured pork products from
                                              7781–7786, and 8301–8317; 21 U.S.C. 136                 removing the words ‘‘rinderpest or’’.                 regions where foot-and-mouth disease,
                                              and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80,             ■ 17. Section 94.4 is amended by                      African swine fever, classical swine fever,
                                              and 371.4.                                              revising the section heading and by                   or swine vesicular disease exists.
                                              ■ 13. The heading of part 94 is revised                 removing the words ‘‘rinderpest or’’                  *     *     *     *     *
                                              to read as set forth above.                             each time they appear.                                  (m) * * *
                                              ■ 14. Section 94.1 is amended as                          The revision reads as follows:                        (1) The ham, if it is an Italian-type
                                              follows:                                                § 94.4 Cured or cooked meat from regions
                                                                                                                                                            ham processed in accordance with
                                              ■ a. By revising the section heading;                   where foot-and-mouth disease exists.                  paragraph (i)(1) of this section, was
                                              ■ b. By revising paragraph (a)                                                                                processed in a region which has
                                                                                                      *     *     *     *     *
                                              introductory text;                                                                                            submitted, through its veterinary
                                              ■ c. In paragraph (a)(1):
                                                                                                      ■ 18. Section 94.11 is amended as                     services, to the Administrator, a written
                                              ■ i. By removing the words ‘‘rinderpest
                                                                                                      follows:                                              statement stating that it conducts a
                                                                                                      ■ a. By revising paragraph (a)(1);
                                              and a list of regions APHIS has declared                                                                      program to authorize persons to
                                                                                                      ■ b. In paragraph (a)(3), by removing the
                                              free of’’;                                                                                                    supervise activities specified under this
                                                                                                      words ‘‘rinderpest or’’; and
                                              ■ ii. By removing the words ‘‘foot and                                                                        section;
                                                                                                      ■ c. In paragraph (c), by removing the
                                              mouth’’ and adding the words ‘‘foot-                    words ‘‘rinderpest or’’ and ‘‘rinderpest              *     *     *     *     *
                                              and-mouth’’ in their place; and                         and’’ each time they appear.
                                              ■ iii. By removing the word ‘‘are’’                       The revision reads as follows:                      PART 95—SANITARY CONTROL OF
                                              immediately before the word                                                                                   ANIMAL BYPRODUCTS (EXCEPT
                                              ‘‘maintained’’ and adding the word ‘‘is’’               § 94.11 Restrictions on importation of                CASINGS), AND HAY AND STRAW,
                                              in its place;                                           meat and other animal products from                   OFFERED FOR ENTRY INTO THE
                                              ■ d. By revising paragraph (a)(2);                      specific regions.                                     UNITED STATES
                                              ■ e. In paragraphs (b) and (c), by                         (a) * * *
                                              removing the words ‘‘rinderpest or’’                       (1) The regions listed under paragraph             ■ 21. The authority for part 95
                                              each time they appear; and                              (a)(2) of this section have been declared             continues to read as follows:
                                              ■ f. In paragraph (d) introductory text,                free of foot-and-mouth disease by                       Authority: 7 U.S.C. 8301–8317; 21 U.S.C.
                                              by removing the words ‘‘and rinderpest’’                APHIS as provided in § 94.1(a) but                    136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22,
                                              and ‘‘rinderpest or’’.                                  supplement their national meat supply                 2.80, and 371.4.
                                                 The revisions read as follows:                       by the importation of fresh (chilled or               ■ 22. In § 95.1, the definition of
                                                                                                      frozen) meat of ruminants or swine from               approved chlorinating equipment is
                                              § 94.1 Regions where foot-and-mouth                     regions that APHIS considers to be
                                              disease exists; importations prohibited.                                                                      revised to read as follows:
                                                                                                      affected with foot-and-mouth disease as
                                                 (a) APHIS considers foot-and-mouth                   provided in § 94.1(a); or have a common               § 95.1    Definitions.
                                              disease to exist in all regions of the                  land border with regions considered to                *     *    *      *     *
                                              world except those declared free of the                 be affected with foot-and-mouth disease;                Approved chlorinating equipment
                                              disease by APHIS.                                       or import ruminants or swine from                     means equipment approved by
                                              *      *    *      *     *                              regions considered to be affected with                Veterinary Services as efficient for the
                                                 (2) APHIS will add a region to the list              foot-and-mouth disease under                          disinfection of effluents against the
                                              of those it has declared free of foot-and-              conditions less restrictive than would be             contagion of foot-and-mouth disease.
                                              mouth disease after it conducts an                      acceptable for importation into the                   *     *    *      *     *
                                              evaluation of the region in accordance                  United States. Thus, the meat may be                  ■ 23. Section 95.3 is revised to read as
                                              with § 92.2 of this subchapter and finds                commingled with the fresh (chilled or                 follows:
                                              that the disease is not present. In the                 frozen) meat of animals from an affected
                                              case of a region formerly on this list that             region, resulting in an undue risk of                 § 95.3 Byproducts from diseased animals
                                              is removed due to an outbreak, the                      introducing foot-and-mouth disease into               prohibited.
                                              region may be returned to the list in                   the United States.                                      The importation of any animal
                                              accordance with the procedures for                      *      *     *     *    *                             byproduct taken or removed from an
                                              reestablishment of a region’s disease-                                                                        animal affected with anthrax, foot-and-
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                                              free status in § 92.4 of this subchapter.               § 94.16    [Amended]                                  mouth disease, highly pathogenic avian
                                              APHIS will remove a region from the                     ■ 19. Section 94.16 is amended as                     influenza, or Newcastle disease is
                                              list of those it has declared free of foot-             follows:                                              prohibited.
                                              and-mouth disease upon determining                      ■ a. In paragraph (b) introductory text,
                                              that the disease exists in the region                                                                         § 95.16    [Amended]
                                                                                                      by removing the words ‘‘rinderpest or’’;
                                              based on reports APHIS receives of                      ■ b. In paragraph (c) introductory text,              ■ 24. Section 95.16 is amended as
                                              outbreaks of the disease from veterinary                by removing the words ‘‘rinderpest and’’              follows:


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                                              15494                  Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations

                                              ■ a. In paragraph (a)(1), by removing the                    maintained an inspection service                      ■b. In paragraph (d), by removing the
                                              words ‘‘rinderpest and’’ and                                 determined by the Secretary of                        words ‘‘rinder-pest or’’.
                                              ‘‘, rinderpest,’’; and                                       Agriculture to be adequate to assure that
                                              ■ b. In paragraph (a)(3)(ii), by removing                    such materials have been removed from                 PART 98—IMPORTATION OF CERTAIN
                                              the comma after the word ‘‘anthrax’’ and                     animals found at time of slaughter to be              ANIMAL EMBRYOS AND ANIMAL
                                              adding the word ‘‘and’’ in its place and                     free from anthrax and foot-and-mouth                  SEMEN
                                              by removing the words ‘‘, and                                disease, and to assure further the
                                              rinderpest’’.                                                                                                      ■ 38. The authority citation for part 98
                                                                                                           identity of such materials until loaded
                                                                                                                                                                 continues to read as follows:
                                              § 95.17        [Amended]
                                                                                                           upon the transporting vessel, may be
                                                                                                           imported without other restriction if                   Authority: 7 U.S.C. 1622 and 8301–8317;
                                              ■  25. In § 95.17, paragraph (c) is                          accompanied by a certificate bearing the              21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
                                              amended by removing the word                                                                                       CFR 2.22, 2.80, and 371.4.
                                                                                                           seal of the proper department of said
                                              ‘‘rinderpest,’’.                                             national government and signed by an                  ■ 39. The heading for subpart A is
                                              ■ 26. Section 95.18 is amended as                            official veterinary inspector of such                 revised to read as follows:
                                              follows:                                                     region showing that the therein
                                              ■ a. In paragraph (a), by removing the
                                                                                                                                                                 Subpart A—Ruminant and Swine
                                                                                                           described glue stock was taken from                   Embryos From Regions Free of Foot-
                                              words ‘‘or rinderpest’’; and                                 animals slaughtered in such specified
                                              ■ b. By revising paragraph (c).                                                                                    and-Mouth Disease; and Embryos of
                                                                                                           abattoir and found free from anthrax                  Horses and Asses
                                                 The revision reads as follows:                            and foot-and-mouth disease.
                                              § 95.18 Wool, hair, and bristles;                            *      *    *     *     *                             § 98.3    [Amended]
                                              requirements for unrestricted entry.                                                                               ■  40. In § 98.3, the introductory text is
                                                                                                           § 95.21    [Amended]
                                              *      *    *     *     *                                                                                          amended by removing the words
                                                 (c) Wool, hair, or bristles taken from                    ■ 29. In § 95.21, paragraph (c) is                    ‘‘rinderpest and’’.
                                              sheep, goats, cattle, or swine, when such                    amended by removing the words ‘‘and                   ■ 41. The heading for subpart B is
                                              animals have been slaughtered under                          rinderpest’’.                                         revised to read as follows:
                                              national government inspection in a
                                              region 3 and in an abattoir in which is                      § 95.23    [Amended]                                  Subpart B—Ruminant and Swine
                                              maintained an inspection service                             ■  30. In § 95.23, paragraph (c) is                   Embryos From Regions Where Foot-
                                              determined by the Secretary of                               amended by removing the word                          and-Mouth Disease Exists
                                              Agriculture to be adequate to assure that                    ‘‘rinderpest,’’.
                                              such materials have been removed from                                                                              § 98.12    [Amended]
                                              animals found at time of slaughter to be                     § 95.25    [Amended]                                  ■  42. In § 98.12, paragraph (a) is
                                              free from anthrax and foot-and-mouth                         ■ 31. In § 95.25, paragraph (a) is                    amended by removing the words
                                              disease, and to assure further the                           amended by removing the words ‘‘or                    ‘‘rinderpest or’’.
                                              identity of such materials until loaded                      rinderpest’’.                                         § 98.13    [Amended]
                                              upon the transporting vessel, may be
                                              imported without other restriction if                        § 95.26    [Amended]                                  ■ 43. In § 98.13, paragraph (a) is
                                              accompanied by a certificate bearing the                     ■ 32. Section 95.26 is amended by                     amended by removing the words ‘‘or
                                              seal of the proper department of said                        removing the words ‘‘or rinderpest’’.                 rinderpest’’.
                                              national government and signed by an
                                                                                                           § 95.27    [Amended]                                  § 98.15    [Amended]
                                              official veterinary inspector of such
                                              region showing that the therein                              ■ 33. In § 95.27, paragraph (c) is                    ■  44. Section 98.15 is amended as
                                              described wool, hair, or bristles were                       amended by removing the words ‘‘and                   follows:
                                              taken from animals slaughtered in such                                                                             ■ a. In the introductory text, by
                                                                                                           rinderpest’’.
                                              specified abattoir and found free from                                                                             removing the words ‘‘rinderpest or’’;
                                              anthrax and foot-and-mouth disease.                          § 95.28    [Amended]                                  ■ b. In paragraphs (a)(1)(i) and (ii) and
                                                                                                                                                                 (a)(2)(i) and (ii), by removing the word
                                              *      *    *     *     *                                    ■ 34. Section 95.28 is amended by
                                                                                                                                                                 ‘‘rinderpest,’’;
                                                                                                           removing the words ‘‘or rinderpest’’.                 ■ c. In paragraph (a)(3), by removing the
                                              § 95.19        [Amended]
                                              ■ 27. In § 95.19, paragraph (c) is                           § 95.32    [Amended]                                  words ‘‘either rinderpest or’’; and
                                                                                                                                                                 ■ d. In paragraphs (a)(5)(ii)(A) and (B),
                                              amended by removing the words ‘‘and                          ■ 35. Section 95.32 is amended by                     (a)(7)(i)(A) and (B), and (a)(8)(i)(A) and
                                              rinderpest’’.                                                removing the words ‘‘or rinderpest’’.                 (B), by removing the word ‘‘rinderpest,’’.
                                              ■ 28. Section 95.20 is amended as
                                              follows:                                                     § 95.34    [Amended]                                  § 98.16    [Amended]
                                              ■ a. In paragraph (a), by removing the                       ■ 36. Section 95.34 is amended as                     ■  45. In § 98.16, the introductory text is
                                              words ‘‘or rinderpest’’; and                                 follows:                                              amended by removing the words
                                              ■ b. By revising paragraph (c).                              ■ a. In the introductory text, by                     ‘‘rinderpest or’’.
                                                The revision reads as follows:                             removing the words ‘‘rinderpest or’’;                 ■ 46. Section 98.34 is amended as
                                              § 95.20 Glue stock; requirements for                         and                                                   follows:
                                              unrestricted entry.                                          ■ b. In paragraph (c), by removing the                ■ a. In paragraph (a)(2), by removing the
                                              *     *    *      *    *                                     words ‘‘and rinderpest’’.                             words ‘‘or rinderpest’’;
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                                                (c) Glue stock taken from cattle,                                                                                ■ b. In the heading and introductory text
                                                                                                           § 95.37    [Amended]
                                              sheep, goats, or swine slaughtered under                                                                           of paragraph (c), by removing the words
                                              national government inspection in a                          ■ 37. Section 95.37 is amended as                     ‘‘rinderpest or’’;
                                              region 4 and in an abattoir in which is                      follows:                                              ■ c. By revising paragraph (c)(1)(i);
                                                                                                           ■ a. In paragraph (c) introductory text,              ■ d. In paragraph (c)(1)(ii), by removing
                                                  3 See   footnote 2 in § 95.16.                           by removing the words ‘‘and                           the words ‘‘rinderpest or’’ both times
                                                  4 See   footnote 2 in § 95.16.                           rinderpest’’; and                                     they appear;


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                                                               Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations                                        15495

                                              ■ e. In paragraph (c)(1)(iii), by removing                Done in Washington, DC, this 4th day of             www.regulations.gov by searching for
                                              the word ‘‘rinderpest,’’;                               April 2018.                                           and locating Docket No. FAA–2018–
                                              ■ f. In paragraphs (c)(1)(v) and (c)(5) and             Kevin Shea,                                           0170; or in person at Docket Operations
                                              (6), by removing the words ‘‘rinderpest                 Administrator, Animal and Plant Health                between 9 a.m. and 5 p.m., Monday
                                              or’’; and                                               Inspection Service.                                   through Friday, except Federal holidays.
                                              ■ g. In paragraph (c)(7), by removing the               [FR Doc. 2018–07232 Filed 4–10–18; 8:45 am]           The AD docket contains this AD, the
                                              word ‘‘rinderpest,’’.                                   BILLING CODE 3410–34–P                                European Aviation Safety Agency
                                                The revision reads as follows:                                                                              (EASA) AD, any incorporated-by-
                                                                                                                                                            reference service information, the
                                              § 98.34 Import permits for poultry semen                                                                      economic evaluation, any comments
                                              and animal semen.                                       DEPARTMENT OF TRANSPORTATION
                                                                                                                                                            received, and other information. The
                                              *      *    *     *     *                               Federal Aviation Administration                       street address for Docket Operations
                                                 (c) * * *                                                                                                  (telephone 800–647–5527) is in the
                                                 (1) * * *                                            14 CFR Part 39                                        ADDRESSES section. Comments will be
                                                 (i) The donor animal shall have been                                                                       available in the AD docket shortly after
                                              inspected on the farm of origin or on                   [Docket No. FAA–2018–0170; Product
                                                                                                      Identifier 2017–SW–091–AD; Amendment                  receipt.
                                              another premises (the inspection may be                                                                          For service information identified in
                                                                                                      39–19239; AD 2018–07–08]
                                              on another premises only if a                                                                                 this final rule, contact Leonardo S.p.A.
                                              veterinarian of the Department has                      RIN 2120–AA64                                         Helicopters, Matteo Ragazzi, Head of
                                              traced the donor animal back to its farm                                                                      Airworthiness, Viale G.Agusta 520,
                                              of origin) by a veterinarian of the United              Airworthiness Directives; Agusta                      21017 C.Costa di Samarate (Va) Italy;
                                              States Department of Agriculture who,                   S.p.A. Helicopters                                    telephone +39–0331–711756; fax +39–
                                              in cooperation with the veterinary                      AGENCY:  Federal Aviation                             0331–229046; or at http://
                                              service of the region of origin of the                  Administration (FAA), Department of                   www.leonardocompany.com/-/bulletins.
                                              donor animal, shall have determined,                    Transportation (DOT).                                 You may review the referenced service
                                              insofar as possible, that the donor                                                                           information at the FAA, Office of the
                                                                                                      ACTION: Final rule; request for
                                              animal was never infected with foot-                                                                          Regional Counsel, Southwest Region,
                                                                                                      comments.
                                              and-mouth disease; that the donor                                                                             10101 Hillwood Pkwy., Room 6N–321,
                                              animal was never on a farm or other                     SUMMARY:    We are adopting a new                     Fort Worth, TX 76177. It is also
                                              premises where foot-and-mouth disease                   airworthiness directive (AD) for Agusta               available on the internet at http://
                                              then existed; that the donor animal has                 S.p.A. (Agusta) Model A109E, A109K2,                  www.regulations.gov by searching for
                                              not been on a premises that had an                      A109S, AW109SP, A119, and AW119                       and locating Docket No. FAA–2018–
                                              animal that was susceptible to the virus                MKII helicopters. This AD reduces the                 0170.
                                              of foot-and-mouth disease and that was                  life limit of and requires inspecting a               FOR FURTHER INFORMATION CONTACT: Matt
                                              exposed to the disease during the 12                    tail rotor blade retention bolt (bolt). This          Fuller, Senior Aviation Safety Engineer,
                                              months immediately prior to the date of                 AD is prompted by the discovery of a                  Safety Management Section, Rotorcraft
                                              inspection of the donor animal; that the                cracked bolt. The actions of this AD are              Standards Branch, FAA, 10101
                                              donor animal, if a swine, has never been                intended to address an unsafe condition               Hillwood Pkwy., Fort Worth, TX 76177;
                                              vaccinated against foot-and-mouth                       on these products.                                    telephone (817) 222–5110; email
                                              disease; and that the donor animal was                  DATES: This AD becomes effective April                matthew.fuller@faa.gov.
                                              free from evidence of other                             26, 2018.                                             SUPPLEMENTARY INFORMATION:
                                              communicable disease;                                      The Director of the Federal Register
                                              *      *    *     *     *                               approved the incorporation by reference               Comments Invited
                                                                                                      of certain documents listed in this AD                   This AD is a final rule that involves
                                              PART 104—PERMITS FOR                                    as of April 26, 2018.                                 requirements affecting flight safety, and
                                              BIOLOGICAL PRODUCTS                                        We must receive comments on this                   we did not provide you with notice and
                                              ■ 47. The authority for part 104                        AD by June 11, 2018.                                  an opportunity to provide your
                                              continues to read as follows:                           ADDRESSES: You may send comments by                   comments prior to it becoming effective.
                                                                                                      any of the following methods:                         However, we invite you to participate in
                                                Authority: 21 U.S.C. 151–159; 7 CFR 2.22,
                                                                                                         • Federal eRulemaking Docket: Go to                this rulemaking by submitting written
                                              2.80, and 371.4.
                                                                                                      http://www.regulations.gov. Follow the                comments, data, or views. We also
                                              ■ 48. Section 104.2 is amended by                       online instructions for sending your                  invite comments relating to the
                                              revising paragraph (b) to read as follows:              comments electronically.                              economic, environmental, energy, or
                                                                                                         • Fax: 202–493–2251.                               federalism impacts that resulted from
                                              § 104.2   Permit authorized.
                                                                                                         • Mail: Send comments to the U.S.                  adopting this AD. The most helpful
                                              *     *      *     *    *                               Department of Transportation, Docket                  comments reference a specific portion of
                                                (b) A permit shall not be issued for a                Operations, M–30, West Building                       the AD, explain the reason for any
                                              biological product from countries                       Ground Floor, Room W12–140, 1200                      recommended change, and include
                                              known to have exotic diseases,                          New Jersey Avenue SE, Washington, DC                  supporting data. To ensure the docket
                                              including but not limited to foot-and-                  20590–0001.                                           does not contain duplicate comments,
                                              mouth disease, highly pathogenic avian                     • Hand Delivery: Deliver to the                    commenters should send only one copy
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                                              influenza, swine vesicular disease,                     ‘‘Mail’’ address between 9 a.m. and 5                 of written comments, or if comments are
                                              Newcastle disease, and African swine                    p.m., Monday through Friday, except                   filed electronically, commenters should
                                              fever, if in the opinion of the                         Federal holidays.                                     submit them only one time. We will file
                                              Administrator, such products may                                                                              in the docket all comments that we
                                              endanger the livestock or poultry of this               Examining the AD Docket                               receive, as well as a report summarizing
                                              country.                                                  You may examine the AD docket on                    each substantive public contact with
                                              *     *      *     *    *                               the internet at http://                               FAA personnel concerning this


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Document Created: 2018-04-10 23:59:33
Document Modified: 2018-04-10 23:59:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective April 11, 2018.
ContactDr. Ingrid Kotowski, Regionalization Evaluation Services, National Import Export Services, Veterinary Services, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606; (919) 855-7732; email: [email protected]
FR Citation83 FR 15491 
CFR Citation9 CFR 104
9 CFR 53
9 CFR 71
9 CFR 91
9 CFR 93
9 CFR 94
9 CFR 95
9 CFR 98
CFR AssociatedAnimal Biologics; Animal Diseases; Indemnity Payments; Livestock; Poultry and Poultry Products; Quarantine; Reporting and Recordkeeping Requirements; Transportation; Animal Welfare; Exports; Imports; Meat and Meat Products; Milk; Animal Feeds; Hay and Straw

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