[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27938-27940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13500]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 96-077-2]
Change in Disease Status of Costa Rica Because of Exotic
Newcastle Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are declaring Costa Rica free of exotic Newcastle disease
(END). Declaring Costa Rica free of END is appropriate because the
country has had no clinical, pathological, or laboratory confirmation
of END for the last 5 years. This action removes the prohibition on the
importation into the United States, from Costa Rica, of live birds,
game birds, poultry, and their products.
EFFECTIVE DATE: June 6, 1997.
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
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disease 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. The government of Costa Rica has requested that the U.S.
Department of Agriculture (USDA) declare Costa Rica free of END.
On December 31, 1996, we published in the Federal Register (61 FR
69051-69052, Docket No. 96-077-1) a proposed rule 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 into the United States, from Costa Rica, of live birds,
game birds, poultry, and their products.
We solicited comments concerning our proposal for 60 days ending
March 3, 1997. We received one comment by that date. The commenter
opposed the proposal because the commenter believes that buying
imported chicken is extremely risky from both health and economic
standpoints. The commenter said that we need to reconsider the disease
issues. The commenter also said that U.S. poultry farmers may not be
able to compete with wholesale prices offered by Costa Rican importers.
APHIS bases its decisions to allow animals and animal products to
be imported into the United States on whether these importations can be
made without significant risk of animal disease introduction. Declaring
Costa Rica free of END would remove the prohibition on the importation
into the United States, from Costa Rica, of live birds, game birds,
poultry, and their products.
APHIS reviewed the documentation submitted by the government of
Costa Rica in support of its request to be declared free of END, 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.
Based on that conclusion, we believe that live birds, game birds,
poultry, and their products may be imported from Costa Rica without
posing a risk of introducing END into the United States.
In response to the commenter's concerns about the economic impact
of the proposal, we do not expect a significant change in the
importation of live birds, game birds, poultry, or their products from
Costa Rica into the United States as a result of the rule. Even so, as
explained previously, APHIS bases its decisions to allow animals and
animal products to be imported into the United States on whether these
importations can be made without significant risk of animal disease
introduction. We do not have the authority to maintain a prohibition on
importing animals or animal products based on economic factors.
Therefore, we are making no changes to the proposed rule based on this
comment.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. This rule removes the
prohibition on the importation into the United States, from Costa Rica,
of live birds, game birds, poultry, and their products. We have
determined that approximately 2 weeks are needed to ensure that the
Animal and Plant Health Inspection Service personnel at ports of entry
receive official notice of this change in the regulations. Therefore,
the Administrator of the Animal and Plant Health Inspection Service has
determined that this rule should be effective 15 days after publication
in the Federal Register.
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.
We are amending the regulations in 9 CFR part 94 by adding Costa
Rica to the list of countries declared to be free of END. This action
removes the prohibition on the importation into the United States, from
Costa Rica, of live birds, game birds, poultry, and their products,
although they would be subject to import health requirements, such as
permits, certificates, and quarantines. 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 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 rule. We expect
that any poultry product imports from Costa Rica will 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 can be imported
into the United States from Costa Rica, the packing facilities in Costa
Rica will require the approval of the Food Safety and Inspection
Service (FSIS), USDA. Further, it is unlikely that Costa Rica will or
can direct a significant portion of its chicken meat production
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 rule is expected to have no more than a minimal
impact on domestic producers of poultry products, whether small or
large.
In addition, there should be no significant increase in imports of
live exotic birds as a result of this rule. In addition to
participation in international agreements restricting the movement of
exotic birds, Costa Rica itself prohibits the movement of exotic birds
for commercial purposes (i.e. other than pets).
This action also would remove a prohibition on the importation of
live game birds and their carcasses into the United States from Costa
Rica. Although we do not have specific information on the number of
such possible importations, we believe the number would be very small,
if any, and that
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such importations would be by individuals for personal use.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (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 is 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 continues 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) is amended by adding ``Costa
Rica,'' immediately after ``Chile,'.
Done in Washington, DC, this 19th day of May 1997.
Terry L. Medley,
Aministrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-13500 Filed 5-21-97; 8:45 am]
BILLING CODE 3410-34-P
