[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Proposed Rules]
[Pages 19667-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10560]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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. 63, No. 76 / Tuesday, April 21, 1998 / 
Proposed Rules  

[[Page 19667]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 98-002-1]


Change in Disease Status of Great Britain 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 recognize Great Britain as free of exotic 
Newcastle disease (END). This proposed action is based on information 
received from Great Britain's Ministry of Agriculture, Fisheries, and 
Food, and is in accordance with standards set by the Office 
International des Epizooties for recognizing a country as free of END. 
This proposed action would relieve restrictions on the importation of 
carcasses, or parts or products of carcasses, of poultry, game birds, 
or other birds from Great Britain. It would relieve the END-specific 
restrictions on the importation of eggs (other than hatching eggs) laid 
by poultry, game birds, or other birds from Great Britain. This 
proposed action would also relieve the quarantine requirements for 
poultry hatching eggs imported from Great Britain.

DATES: Consideration will be given only to comments received on or 
before June 22, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-002-1, 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. 98-002-1. 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, 
Products Program, National Center for Import and Export, VS, APHIS, 
4700 River Road Unit 40, 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 of 
various animal diseases, including exotic Newcastle disease (END), into 
the United States. END is a contagious, infectious, and communicable 
disease of birds and poultry.
    Section 94.6(a)(1) of the regulations provides that END is 
considered to exist in all regions of the world except those listed in 
Sec. 94.6(a)(2), which are considered to be free of END. The 
importation into the United States of any carcasses, or parts or 
products of carcasses, of poultry, game birds, or other birds that are 
from a region where END is considered to exist, or that have been 
imported from or moved into or through any region where END is 
considered to exist, is subject to the restrictions contained in 
Sec. 94.6(c). In addition, the importation into the United States of 
eggs (other than hatching eggs) laid by poultry, game birds, or other 
birds that are from a region where END or Salmonella enteritidis (SE) 
phage-type 4 is considered to exist, or that have been imported from or 
moved into or through any region where END or SE phage-type 4 is 
considered to exist, is subject to the restrictions contained in 
Sec. 94.6(d). Poultry eggs for hatching imported from a region where 
END is considered to exist must be quarantined in accordance with 
Sec. 93.209(b).
    In this document, we are proposing to add Great Britain to the list 
of regions considered to be free of END. We are proposing this action 
based on information given to the Animal and Plant Health Inspection 
Service (APHIS) by Great Britain's Ministry of Agriculture, Fisheries, 
and Food, and standards set by the Office International des Epizooties 
(OIE).
    In order for a country to be recognized as free of END following 
detection of disease in that country, the OIE requires that the country 
follow a strict eradication protocol, which includes restricted 
movement of poultry, tracebacks of all affected flocks, and a stamping 
out policy, which includes slaughtering and incinerating affected 
flocks. The OIE also requires that a country have no reported cases of 
END for 6 consecutive months before OIE will consider the country free 
of END.
    In a document published in the Federal Register on February 7, 1997 
(62 FR 5741-5742, Docket No. 97-003-1), and effective on January 31, 
1997, we removed Great Britain from the list of regions that were 
considered to be free of END because of an outbreak of END in Great 
Britain. Since that time, Great Britain has followed a strict 
eradication protocol, which included traceback of all affected flocks, 
restricting movement of poultry in the affected areas, and slaughtering 
and incinerating all affected flocks. Great Britain has had no reported 
cases of END since April 1997.
    With its request to be considered free of END, Great Britain's 
Ministry of Agriculture, Fisheries, and Food provided APHIS with 
information about the eradication procedures that it followed when the 
outbreak occurred and other pertinent information that we require in 
order to determine whether Great Britain should be recognized as free 
of END.
    APHIS has reviewed the information provided by Great Britain's 
Ministry of Agriculture, Fisheries, and Food in support of declaring 
Great Britain to be free of END. Based on that information, and in 
accordance with OIE standards for recognizing a country to be free of 
END, we are proposing to consider Great Britain as free of END. 
Therefore, we are proposing to amend Sec. 94.6(a)(2) by adding Great 
Britain to the list of regions considered to be free of END. This 
proposed action would relieve the restrictions of Sec. 94.6(c) on the 
importation of carcasses, or parts or products of carcasses, of 
poultry, game birds, or other birds from Great Britain and would 
relieve the END-specific restrictions of Sec. 94.6(d)(1)(ix) on the 
importation of eggs (other than hatching eggs) laid by poultry, game 
birds, or other birds from Great Britain. This

[[Page 19668]]

proposed action would also relieve the quarantine requirements of 
Sec. 93.206(b) for poultry hatching eggs imported from Great Britain.
    On October 28, 1997, we published a final rule and policy statement 
in the Federal Register that established procedures for recognizing 
regions, rather than only countries, for the purpose of importing 
animals and animal products into the United States, and that 
established procedures by which regions may request permission to 
export animals and animal products to the United States under specified 
conditions, based on the regions' disease status (see 62 FR 56000-
56033, Dockets 94-106-8 and 94-106-9). The final rule was effective on 
November 28, 1997. The request from Great Britain's Ministry of 
Agriculture, Fisheries, and Food addressed by this proposed rule is not 
a request to be recognized as a region, rather than a country, nor a 
request to establish new import conditions based on the disease status 
of the regions. Therefore, we have handled and evaluated this request 
in the traditional framework of recognizing a country as free or not 
free of a specified disease. If this proposed rule is adopted, the 
current regulations regarding importation of poultry products from 
regions free of END will apply.

Executive Order 12866

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would recognize Great Britain as free of END. 
This proposed action is based on information received from Great 
Britain's Ministry of Agriculture, Fisheries, and Food and is in 
accordance with OIE standards for recognizing a country as free of END. 
This proposed rule would relieve restrictions on the importation of 
carcasses, or parts or products of carcasses, of poultry, game birds, 
or other birds, from Great Britain. It would relieve the END-specific 
restrictions on the importation of eggs (other than hatching eggs) laid 
by poultry, game birds, or other birds from Great Britain. This 
proposed rule would also relieve the quarantine requirements for 
poultry hatching eggs imported from Great Britain.
    The United States imports few eggs, only about 0.1 percent of U.S. 
production. The United States is a very strong net exporter of poultry 
products, with imports of only 3,546 metric tons and exports of more 
than 2 million metric tons in 1996 (``World Trade Atlas,'' June 1997). 
More than 99 percent of U.S. poultry product imports originate in 
Canada. Prior to January 31, 1997, when APHIS removed Great Britain 
from the list of END-free regions, U.S. imports of poultry products 
from the United Kingdom, which includes Great Britain and Northern 
Ireland, accounted for less than 2 percent of the total U.S. imports of 
poultry products.1
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    \1\ Trade data for Great Britain alone was not available.
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    U.S. producers, consumers, and importers of poultry products may be 
potentially affected by this proposed rule. However, because the volume 
of poultry products previously imported from the United Kingdom was so 
small compared to the amount produced domestically, and because the 
total volume of overall poultry product imports is also very small, 
little or no impact on consumer and producer prices and on importers, 
is expected.
    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 new 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, 
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 the 
words ``Great Britain (England, Scotland, Wales, and the Isle of 
Man),'' immediately after the word ``Finland,''.

    Done in Washington, DC, this 15th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-10560 Filed 4-20-98; 8:45 am]
BILLING CODE 3410-34-P