9 CFR 98 - IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

We are proposing to amend the regulations that govern the importation of animals and animal products to revise the conditions for the importation of live bovines and products derived from bovines with regard to bovine spongiform encephalopathy (BSE). We are proposing to base importation conditions on the inherent risk of BSE infectivity in specified commodities, as well as on the BSE risk status of the region from which the commodities originate. We are proposing to establish a system for classifying regions as to BSE risk that is consistent with the system employed by the World Organization for Animal Health (OIE), the international standard-setting organization for guidelines related to animal health. The conditions we are proposing for the importation of specified commodities are based on internationally accepted scientific literature and, except in a few instances, are consistent with guidelines set out in the OIE's Terrestrial Animal Health Code. We are also proposing to classify certain specified countries as to BSE risk and are proposing to remove BSE restrictions on the importation of cervids and camelids and products derived from such animals. We are proposing to make these amendments after conducting a thorough review of relevant scientific literature and a comprehensive evaluation of the issues and concluding that the proposed changes to the regulations would continue to guard against the introduction of BSE into the United States, while allowing the importation of additional animals and animal products into this country. In this document we are also affirming the position we took in removing the delay of applicability of certain provisions of the rule entitled “Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities,” published in the Federal Register on January 4, 2005 (70 FR 460-553). The delay of applicability was removed in a final rule entitled “Bovine Spongiform Encephalopathy; Minimal-Risk Regions; Importation of Live Bovines and Products Derived from Bovines,” published in the Federal Register on September 18, 2007 (72 FR 53314-53379).

We are removing lists of regions classified with respect to certain animal diseases and pests, and lists of States approved to receive horses imported from foreign regions where contagious equine metritis (CEM) exists, from our animal and animal product import regulations. Instead, the lists will be posted on the Animal and Plant Health Inspection Service's (APHIS') Web site. The regulations will provide the Web address and explain APHIS' criteria and processes for adding a region or a State to, or removing a region or State from, each of the lists. Because the lists will no longer be in the Code of Federal Regulations, changing the lists will no longer require rulemaking. We will keep the public informed of changes to the lists and provide opportunity for public comment through publications in the Federal Register . This rule will enable APHIS to more quickly recognize changes in the disease or pest status of foreign regions and approve States to receive horses from foreign regions where CEM exists. This rulemaking does not change the technical criteria APHIS uses to evaluate whether a foreign region should be added to or removed from a list or the criteria for approving a State to receive horses imported from foreign regions where CEM exists.