[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR92.4]

[Page 388]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 92_IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR
REQUESTING RECOGNITION OF REGIONS--Table of Contents
 
Sec. 92.4  Reestablishment of a region's disease-free status.

    This section applies to regions that are designated in this 
subchapter D as free of a specific animal disease and then experience an 
outbreak of that disease.
    (a) Interim designation. If a region recognized as free of a 
specified animal disease in this subchapter D experiences an outbreak of 
that disease, APHIS will take immediate action to prohibit or restrict 
imports of animals and animal products from that region. Such action may 
include publishing an interim rule that imposes prohibitions or 
restrictions that may be announced initially administratively. The 
interim rule may be given an effective date earlier than the date of 
signature or publication to affirm our authority for issuing previous 
administrative orders. The interim rule may impose prohibitions or 
restrictions on only a portion of the region previously recognized as 
free of a disease. In these cases, APHIS will provide information to the 
public as soon as possible regarding the basis for its decision to 
prohibit or restrict imports from the smaller area of that region 
previously recognized as free.
    (b) Reassessment of the disease situation. (1) Following publication 
of an interim rule as described in paragraph (a) of this section, APHIS 
will reassess the disease situation in that region to determine whether 
it is necessary to continue the interim prohibitions or restrictions. In 
reassessing a region's disease status, APHIS will take into 
consideration the standards of the Office International des Epizooties 
for reinstatement of disease-free status, as well as all relevant 
information obtained through public comments on both the initial interim 
rule and the notice of availability of the reassessment or relevant 
information collected by or submitted to APHIS through other means.
    (2) Prior to taking any action to relieve or finalize prohibitions 
or restrictions imposed by the interim rule, APHIS will make information 
regarding its reassessment of the region's disease status available to 
the public for comment. APHIS will announce the availability of this 
information by publishing a notice in the Federal Register.
    (c) Determination. Based on the reassessment conducted in accordance 
with paragraph (b) of this section, including comments regarding the 
reassessment information, APHIS will take one of the following actions:
    (1) Publish a final rule that reinstates the disease-free status of 
the region, or a portion of the region, covered by the interim rule;
    (2) Publish an affirmation of the interim rule that imposed 
prohibitions or restrictions on the imports of animals and animal 
products from that region; or
    (3) Publish another document in the Federal Register for comment.

[69 FR 25819, May 10, 2004]

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