[Federal Register Volume 62, Number 26 (Friday, February 7, 1997)]
[Rules and Regulations]
[Pages 5741-5742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3091]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Rules 
and Regulations  

[[Page 5741]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-003-1]


Change in Disease Status of Great Britain Because of Exotic 
Newcastle Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations by removing Great Britain from 
the list of countries that are considered to be free of exotic 
Newcastle disease. We are taking this action based on reports we have 
received from the Office International des Epizooties and Great 
Britain's Ministry of Agriculture, Fisheries, and Food, which confirm 
that an outbreak of exotic Newcastle disease has occurred in Great 
Britain. This action restricts the importation of live birds, poultry, 
and poultry products into the United States from Great Britain.

DATES: Interim rule effective January 31, 1997. Consideration will be 
given only to comments received on or before April 8, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-003-1, 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. 97-003-1. 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. John Cougill, Staff Veterinarian, 
Animal Products Program, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-
3399; or e-mail: [email protected].

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 birds and 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.
    The Office International des Epizooties (OIE) and Great Britain's 
Ministry of Agriculture, Fisheries, and Food, have sent the Animal and 
Plant Health Inspection Service (APHIS) reports that an outbreak of 
exotic Newcastle disease has occurred in Great Britain. After reviewing 
the reports submitted by OIE and Great Britain's Ministry of 
Agriculture, Fisheries, and Food, APHIS has determined to remove Great 
Britain from the list of countries free of END.
    Therefore, we are amending Sec. 94.6(a)(2) by removing Great 
Britain from the list of countries declared to be free of END. This 
action prohibits the importation of live birds and poultry and 
restricts the importation into the United States of carcasses and 
products of poultry, game birds, and other birds from Great Britain.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the introduction of END into 
the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make if 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 action amends the regulations by removing Great Britain from 
the list of countries that are considered to be free of exotic 
Newcastle disease. We are taking this action based on reports we have 
received from OIE and Great Britain's Ministry of Agriculture, 
Fisheries, and Food, which confirm that an outbreak of exotic Newcastle 
disease has occurred in Great Britain.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 603 and 604) impracticable. This rule may have a significant 
economic impact on a substantial number of small entities. If we 
determine this is so, then we will discuss the issues raised by section 
604 of the Regulatory Flexibility Act in our Final Regulatory 
Flexibility Analysis.

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.

[[Page 5742]]

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 removing the phrase 
``Great Britain (England, Scotland, Wales, and the Isle of Man),''.

    Done in Washington, DC, this 31st day of January 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-3091 Filed 2-6-97; 8:45 am]
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