[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Rules and Regulations]
[Pages 59136-59137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23940]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 02-089-1]


Change in Disease Status of Denmark 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 Denmark from the 
list of regions considered free of exotic Newcastle disease. We are 
taking this action because Denmark has confirmed an outbreak of exotic 
Newcastle disease. This action restricts the importation of poultry 
carcasses, parts or products of poultry carcasses, and eggs (other than 
hatching eggs) of poultry, game birds, or other birds from Denmark. 
This action is necessary to help prevent the introduction of exotic 
Newcastle disease into the United States.

DATES: This rule is effective retroactively to July 16, 2002. We will 
consider all comments that we receive on or before November 19, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-089-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-089-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-089-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff 
Veterinarian, Sanitary Trade Issues Team, National Center for Import 
and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-
1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of specified animals and animal 
products into the United States in order to prevent the introduction of 
various animal diseases. The regulations in Sec.  94.6 govern, among 
other things, the importation of poultry carcasses, parts or products 
of poultry carcasses, and eggs (other than hatching eggs) of poultry, 
game birds, or other birds from regions where exotic Newcastle disease 
(END) is considered to exist. END is considered to exist in all regions 
not listed in Sec.  94.6(a)(2).
    END is a contagious and fatal viral disease affecting all species 
of birds. Previously known as velogenic viscerotropic Newcastle 
disease, END is considered one of the most infectious diseases of 
poultry in the world. The disease is so virulent that some birds die 
without exhibiting any symptoms, and a death rate of nearly 100 percent 
can occur in unvaccinated flocks. END can also infect and kill 
vaccinated poultry.
    The disease is spread primarily through direct contact between 
healthy birds and the bodily discharges, including droppings and 
secretions from the nose, mouth, and eyes of infected birds. END 
incubation ranges from 2 to 15 days, and infected birds may present a 
variety of respiratory and digestive symptoms before they die. Egg 
production may decrease or cease entirely.
    Under Sec.  94.6, poultry carcasses, and parts and products of 
poultry carcasses may be imported into the United States from regions 
where END exists only if they have been cooked or are consigned 
directly to an approved establishment in the United States. Eggs (other 
than hatching eggs) of poultry, game birds, or other birds from regions 
where END exists may be imported into the United States only if: (1) 
They are accompanied by a health certificate regarding the flock of 
origin and meet certain other conditions; (2) they are consigned 
directly to an approved establishment for breaking and pasteurization; 
(3) they are imported under permit for scientific, educational, or 
research purposes; or (4) they are imported under permit and have been 
cooked or processed and will be handled in a manner that prevents the 
introduction of END into the United States.
    Further, poultry carcasses, parts or products of poultry carcasses, 
and eggs (other than hatching eggs) of poultry, game birds, or other 
birds that do not qualify for entry into the United States under one of 
these conditions may transit the United States via air and sea ports 
under the conditions set out in Sec.  94.15(d).
    On July 16, 2002, Denmark reported a confirmed case of END to the 
Office International des Epizooties. Therefore, in order to prevent the 
introduction of END into the United States, we are amending Sec.  
94.6(a)(2) by removing Denmark from the list of regions considered to 
be free of END. This action restricts the importation of poultry 
carcasses, parts or products of poultry carcasses, and eggs (other than 
hatching eggs) of poultry, game birds, or other birds from Denmark. We 
are making this amendment effective retroactively to July 16, 2002, 
which is the date that END was confirmed in that region.
    Although we are removing Denmark from the list of regions 
considered free of END, we recognize that Denmark immediately responded 
to the outbreak of END by imposing restrictions on the movement of 
poultry and poultry products within its borders and initiating measures 
to eradicate the disease. At this time, it appears that the outbreak is 
well-controlled. Considering Denmark's efficient response to the 
outbreak, we intend to reassess their END status at a future date. 
During the reassessment, we will consider all comments we receive on 
this interim

[[Page 59137]]

rule, and the future assessment will determine whether it is necessary 
to continue to restrict the importation of poultry and poultry products 
from Denmark, whether we can restore Denmark to the list of regions 
considered free of END, or whether we can restore portions of Denmark 
as free of END.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
introduction of END into the United States. Under these circumstances, 
the Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this rule effective less than 
30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

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 under 
Executive Order 12866.
    We are amending the regulations by removing Denmark from the list 
of regions considered free of END. We are taking this action because 
Denmark has confirmed an outbreak of END. This action restricts the 
importation of poultry carcasses, parts or products of poultry 
carcasses, and eggs (other than hatching eggs) of poultry, game birds, 
or other birds from Denmark. This action is necessary to help prevent 
the introduction of END into the United States.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. Given that the U.S. 
does not currently import any poultry or poultry products from Denmark, 
we anticipate no U.S. entities, large or small, will experience any 
economic effects as a result of this rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection and 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 retroactive 
effect to July 16, 2002; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This interim 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, we are amending 9 CFR part 94 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. 450, 7711-7714, 7751, 7754, 8303, 8306, 
8308, 8310, 8311, and 8315; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 
42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.6  [Amended]

    2. In Sec.  94.6, paragraph (a)(2) is amended by removing the word 
``Denmark,''.

    Done in Washington, DC, this 16th day of September, 2002 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-23940 Filed 9-19-02; 8:45 am]
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