[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Proposed Rules]
[Pages 69051-69052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33118]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 252 / Tuesday, December 31, 1996 /
Proposed Rules
[[Page 69051]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 96-077-1]
Change in Disease Status of Costa Rica Because of Exotic
Newcastle Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to declare Costa Rica free of exotic
Newcastle disease (END). Declaring Costa Rica free of END appears to be
appropriate because the country has had no clinical, pathological, or
laboratory confirmation of END for the last 5 years. This proposed rule
would remove the prohibition on the importation into the United States,
from Costa Rica, of poultry and poultry products.
DATES: Consideration will be given only to comments received on or
before March 3, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-077-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 96-077-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff
Veterinarian, Animal Program, National Center for Import and Export,
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228, (301)
734-5034.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation into the United States of specified
animals and animal products in order to prevent the introduction into
the United States of various animal diseases, including exotic
Newcastle disease (END). END is a contagious, infectious, and
communicable disease of poultry.
Section 94.6(a)(1) of the regulations provides that END exists in
all countries of the world except those listed in Sec. 94.6(a)(2),
which have been declared to be free of END. We will consider declaring
a country to be free of END if there have been no reported cases of the
disease in that country for at least the previous 1-year period and no
vaccinations for END have been administered to poultry in that country
for at least the previous 1-year period.
There has been no documented case of END in Costa Rica for the last
5 years, based on morbidity and mortality reports provided by the
industry and the government of Costa Rica, on clinical reports from the
field, and on the lack of any typical lesions noted on necropsies.
Based on these considerations, the government of Costa Rica has
requested that the U.S. Department of Agriculture (USDA) declare Costa
Rica free of END.
The Animal and Plant Health Inspection Service (APHIS) reviewed the
documentation submitted by the government of Costa Rica in support of
its request, and a team of APHIS officials traveled to Costa Rica in
1994 to conduct an on-site evaluation of the country's animal health
program with regard to the END situation in Costa Rica. The evaluation
consisted of a review of Costa Rica's official veterinary services,
laboratory and diagnostic procedures, vaccination practices, and
administration of laws and regulations intended to prevent the
introduction of END into Costa Rica through the importation of animals,
meat, or animal products. The results of this on-site visit, and
subsequent evaluation, allows APHIS officials to conclude that Costa
Rica is free of END.
Therefore, based on the information discussed above, we are
proposing to amend Sec. 94.6(a)(2) by adding Costa Rica to the list of
countries declared to be free of END. This proposed action would remove
the prohibition on the importation, from Costa Rica, of poultry and
poultry products.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review process required by Executive Order 12866.
This proposed rule, if adopted, would amend the regulations in 9
CFR part 94 by adding Costa Rica to the list of countries declared to
be free of END. This action would remove the prohibition on the
importation into the United States, from Costa Rica, of poultry and
fresh, chilled, and frozen meat of poultry, although those importations
would be subject to certain restrictions. Based on available
information, the Department does not anticipate a major increase in
exports of poultry or poultry products from Costa Rica into the United
States as a result of this proposed rule.
The commercial chicken industry in Costa Rica is very small
relative to the industry in the United States. Costa Rica has about two
million mature multipliers (those birds producing other birds for human
consumption). By comparison, there are nearly 120 million multiplier
hens and pullets of laying age in the United States. We do not expect
any movement from Costa Rica into the United States of live chickens,
chicks, or hatching eggs. These products are used for genetic stock,
and, as Costa Rica imports most of its genetic stock (much of it from
the United States), it would not be economically feasible for them to
produce genetic stock for export.
We also do not expect a significant change in the importation of
poultry products from Costa Rica as a result of this proposed rule. We
expect that any poultry product imports would most likely be chicken
meat. Costa Rica produced 60,424 metric tons of chicken meat in 1995,
while the United States produced 11.5 million metric tons of chicken
meat in the same year. Before any poultry meat could be imported into
the United States from Costa Rica, the packing facilities in Costa Rica
would require the approval of the Food Safety and Inspection Service
(FSIS), USDA. Further, it is unlikely that Costa Rica would or could
direct a significant portion of its chicken meat production
[[Page 69052]]
exclusively to the United States. Even if Costa Rica were to export all
of its chicken meat production to the United States, however, that
amount would represent less than one percent of U.S. production.
Therefore, declaring Costa Rica free of END should not lead to a
significant change in the importation of chicken meat into the United
States. Thus, this proposed rule is expected to have no more than a
minimal impact on domestic producers of poultry products, whether small
or large.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 94 would be amended as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
1. The authority citation for part 94 would continue to read as
follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and
371.2(d).
Sec. 94.6 [Amended]
2. In Sec. 94.6, paragraph (a)(2) would be amended by adding
``Costa Rica,'' immediately after ``Chile,''.
Done in Washington, DC, this 20th day of December 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-33118 Filed 12-30-96; 8:45 am]
BILLING CODE 3410-34-P
