[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19032-19033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10101]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-021-1]


Change in Disease Status of Northern Ireland and Norway 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 Northern Ireland 
and Norway 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 the 
Governments of Northern Ireland and Norway, which confirm that 
outbreaks of exotic Newcastle disease have occurred in Northern Ireland 
and Norway. This action restricts the importation of live birds, 
poultry, and poultry products into the United States from Northern 
Ireland and Norway.

DATES: Interim rule effective April 15, 1997. Consideration will be 
given only to comments received on or before June 17, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-021-1, 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. 97-021-1. 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.
    The Office International des Epizooties (OIE) and the Governments 
of Northern Ireland and Norway have sent the Animal and Plant Health 
Inspection Service (APHIS) reports that outbreaks of exotic Newcastle 
disease have occurred in Northern Ireland and Norway. After reviewing 
the reports submitted by OIE and the Governments of Northern Ireland 
and Norway, APHIS has determined to remove Northern Ireland and Norway 
from the list of countries free of END.
    Therefore, we are amending Sec. 94.6(a)(2) by removing Northern 
Ireland and Norway 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 Northern Ireland 
and Norway. However, under the regulations in Sec. 92.209(a)(2), 
hatching eggs from poultry are allowed to be imported into the United 
States from countries with END under certain conditions, including 
being quarantined from the time of arrival at the United States port of 
entry until not less than 30 days after they hatch.

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 it 
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 interim rule restricts the importation of live birds, game 
birds, poultry, and their products into the United States from Northern 
Ireland and Norway. We are taking this action in response to reports 
that END outbreaks have occurred in those two countries. If END were 
introduced into the United States, the disease could have severe 
economic consequences for poultry consumers and producers, and the 
government.
    The United Kingdom, which includes Northern Ireland,1 is not a 
significant source of U.S. poultry imports. During the first 11 months 
of 1996, the United Kingdom accounted for less than 2 percent of the 
total U.S. imports of poultry. The United Kingdom's principal poultry 
export to the United States is hatching eggs; however, importations of 
hatching eggs from Great Britain (England, Scotland, Wales, and the 
Isle of Man), will not be affected by the rule change. Importations of 
poultry hatching eggs from Northern Ireland will have to meet the 
quarantine and other requirements of Sec. 92.209. Given the relatively 
small contribution to the U.S. poultry supply by the United Kingdom as 
a whole, even the complete loss of Northern Ireland's imports should 
have no significant effect on small entities in the United States.
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     1 Trade data for Northern Ireland as a separate entity 
from the United Kingdom is not available. Northern Ireland is 
included in trade data for the United Kingdom.
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    The United States imports virtually no poultry or poultry products 
from Norway. During the first 11 months of 1996, the only poultry 
product imported from Norway was 0.1 metric ton of chicken liver. Also 
during the first 11 months of 1996, there were no live poultry imports 
at all from Norway. Because Norway is not a significant source of 
poultry or poultry products for the United States, the loss of Norway's 
imports should have no significant effect on small entities in the 
United States.
    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.

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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 IMPORTATION

    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 words 
``Northern Ireland, Norway,''.

    Done in Washington, DC, this 15th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-10101 Filed 4-17-97; 8:45 am]
BILLING CODE 3410-34-P