[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