[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Proposed Rules]
[Pages 77004-77007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31569]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 71, 82, and 94

[Docket No. 00-107-1]
RIN 0579-AB31


Salmonella Enteritidis Phage-Type 4; Remove Import Restrictions 
and Salmonella Enteritidis serotype Enteritidis; Remove Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to remove import 
restrictions on eggs (other than hatching eggs) of poultry, game birds, 
and other birds from regions where Salmonella enteritidis phage-type 4 
exists. Previously, Salmonella enteritidis phage-type 4 had not been 
isolated in the United States; therefore, those import restrictions 
were necessary to help prevent Salmonella enteritidis phage-type 4 from 
being introduced into this country. However, Salmonella enteritidis 
phage-type 4 is now known to be present in the United States. This 
action would eliminate restrictions on the importation of eggs from 
regions where Salmonella enteritidis phage-type 4 exists. We are also 
proposing to remove our regulations regarding poultry disease caused by 
Salmonella enteritidis serotype enteritidis.
    These regulations are no longer enforced, and it is necessary to 
remove them to make our regulations consistent with our enforcement.

DATES: We will consider all comments that we receive on or before 
February 14, 2003.

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. 00-107-1, 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. 00-107-1. 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. 
00-107-1'' 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

[[Page 77005]]

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. Michael David, Assistant Director, 
Sanitary International Standards Team, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-3577.

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 including Salmonella enteritidis phage-type 4. 
S. enteritidis phage-type 4 is one of several kinds of Salmonella 
bacteria, and it has been isolated and identified as the cause of 
numerous outbreaks of salmonellosis in poultry in many parts of the 
world. Additionally, it has become one of the most prevalent serotypes 
causing salmonellosis in humans.
    In this document, we are proposing to remove the import 
restrictions related to S. enteritidis phage-type 4 contained in part 
94, as well as the interstate movement restrictions related to S. 
enteritidis serotype enteritidis contained in our regulations in 9 CFR 
parts 71 and 82 (S. enteritidis phage-type 4 is one of several strains 
of S. enteritidis serotype enteritidis). As explained in greater detail 
in the following paragraphs, the regulations in parts 71 and 82 
regarding poultry disease caused by Salmonella enteritidis serotype 
enteritidis are no longer enforced, and it is necessary to remove them 
to make our regulations consistent with our enforcement. Further, 
because those interstate movement restrictions are not enforced, it is 
necessary to remove the import restrictions in part 94 in order to 
eliminate, consistent with our obligations under international 
agreements, import requirements that are more restrictive than our 
domestic movement requirements.
    When S. enteritidis phage-type 4 was first identified as affecting 
poultry, it was seen as a serious threat. S. enteritidis phage-type 4 
can cause significant mortality in poultry flocks, sometimes as high as 
20 percent. Once introduced, salmonellosis can spread rapidly 
throughout a flock. It may also be passed from one generation to the 
next by transovarial transmission and eggshell penetration.
    The regulations in Sec.  94.6 restrict, among other things, the 
importation of eggs (other than hatching eggs) into the United States 
that were produced by poultry, game birds, or other birds that were 
raised in any region where S. enteritidis phage-type 4 is considered to 
exist, imported from any region where S. enteritidis phage-type 4 is 
considered to exist, or moved into or through any region where S. 
enteritidis phage-type 4 is considered to exist at any time before 
importation or during shipment to the United States. Canada is listed 
in Sec.  94.6(b)(2) as the only region considered to be free of S. 
enteritidis phage-type 4.
    At the time the import restrictions in Sec.  94.6 concerning S. 
enteritidis phage-type 4 were established, S. enteritidis phage-type 4 
had not been isolated in the United States, so these import 
restrictions were necessary to help prevent the introduction of the 
disease into this country. However, in May of 1994, S. enteritidis 
phage type 4 was detected in the State of California in a commercial 
layer flock. Since that initial detection, S. enteritidis phage-type 4 
has been found in flocks across the United States.
    State and Federal programs are in place to monitor and control S. 
enteritidis phage-type 4 in the United States. In addition to State 
laws, the cooperative State/Federal/industry National Poultry 
Improvement Plan includes a ``U.S. S. Enteritidis Clean'' program for 
certifying the freedom of hatching eggs and chicks from S. enteritidis.
    There are regulations in subpart C of 9 CFR part 82 that contain, 
in part, restrictions on the interstate movement of eggs from flocks 
affected with S. enteritidis serotype enteritidis. As noted previously, 
S. enteritidis phage-type 4 is one of several strains of S. enteritidis 
serotype enteritidis.
    There are also regulations in 9 CFR 71.3(a) that prohibit the 
interstate movement of poultry and animals affected by certain 
diseases, including S. enteritidis serotype enteritidis, with certain 
exceptions. Specifically, paragraph (c)(4) of Sec.  71.3 provides that 
poultry affected with disease caused by S. enteritidis serotype 
enteritidis may be moved interstate in accordance with 9 CFR part 82.
    However, the regulations regarding S. enteritidis in subpart C of 
part 82 and Sec.  71.3 are no longer enforced and have not been 
enforced since the mid-1990s. In 1995, as a result of the Department of 
Agriculture Reorganization Act of 1994 (Pub. L. 103-354, October 13, 
1994), the U.S. Department of Agriculture's Food Safety and Inspection 
Service (FSIS) received the authority and resources to support pathogen 
reduction programs relating to S. enteritidis, including the authority 
to administer and enforce the regulations in subpart C of part 82 and 
Sec.  71.3. This reorganization streamlined authority to allow FSIS to 
control and monitor S. enteritidis as, primarily, a human health 
concern. Then, in fiscal year 1996, Congress determined that the egg 
industry had developed its own S. enteritidis program and deferred 
funding for the enforcement of the regulations regarding S. enteritidis 
in subpart C of part 82 and Sec.  71.3 and for other Federal S. 
enteritidis programs.
    Because those regulations are no longer enforced, flocks in the 
United States that are affected with S. enteritidis serotype 
enteritidis, including phage-type 4, are not subject to the interstate 
movement restrictions contained in Sec.  71.3 and subpart C of part 82. 
We are, therefore, proposing to amend Sec.  71.3 by removing its 
references to S. enteritidis serotype enteritidis and to amend part 82 
by removing subpart C.
    Additionally, because S. enteritidis phage-type 4 is known to exist 
in the United States and the movement of eggs from affected flocks is 
not subject to interstate movement or other restrictions, we are 
proposing to remove the import restrictions in Sec.  94.6 on the 
importation of eggs (other than hatching eggs) of poultry, game birds, 
and other birds from regions where S. enteritidis phage-type 4 exists 
to eliminate import requirements that are more restrictive than our 
domestic movement requirements. Removing those provisions would mean 
that the definitions in Sec.  94.0 for the terms Salmonella 
enteritidis, Salmonella enteritidis, phage-type 4, and Salmonellosis 
would no longer be needed. We would, therefore, remove those 
definitions from Sec.  94.0.

Miscellaneous

    We are also proposing to remove a reference in Sec.  94.6 to 
Velogenic Viscerotropic Newcastle Disease (VVND). This disease is now 
called Exotic Newcastle Disease (END) and is referred to as such 
elsewhere in our regulations. Additionally, we are

[[Page 77006]]

proposing to correct a footnote in Sec.  94.6. This footnote refers to 
``Operational Support'' staff, which is an outdated title. The new name 
for that staff is ``Animal Health Programs.'' We would also make 
several nonsubstantive editorial changes to the regulations for clarity 
and consistency.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be significant for the purposes of 
Executive Order 12866 and, therefore, has been reviewed by the Office 
of Management and Budget.
    We are proposing to amend the regulations to remove import 
restrictions on eggs (other than hatching eggs) of poultry, game birds, 
and other birds from regions where S. enteritidis phage-type 4 exists. 
Previously, S. enteritidis phage-type 4 had not been isolated in the 
United States; therefore, those import restrictions were necessary to 
help prevent S. enteritidis phage-type 4 from being introduced into 
this country. However, S. enteritidis phage-type 4 is now known to be 
present in the United States. This action would eliminate restrictions 
on the importation of eggs from regions where S. enteritidis phage-type 
4 exists. We are also proposing to remove our regulations regarding 
poultry disease caused by S. enteritidis serotype enteritidis. These 
regulations are no longer enforced, and it is necessary to remove them 
to make our regulations consistent with our enforcement.
    The following analysis, which also serves as our cost-benefit 
analysis, considers the potential economic effects of this proposed 
rule on domestic egg producers.
    S. enteritidis phage-type 4 is considered to exist in all parts of 
the world except Canada. Under the current regulations, the importation 
of eggs (other than hatching eggs) from or through regions affected 
with S. enteritidis phage-type 4 is restricted, but not prohibited. 
However, in 1999, the last year for which relevant census information 
is available, the United States imported only 5.8 million dozen eggs 
(other than hatching eggs), which is equivalent to less than 0.1 
percent of U.S. production that year. Eighty percent of these shell egg 
imports were from China. Imported eggs from Canada, the only region not 
subject to import restrictions because of its freedom from S. 
enteritidis phage-type 4, accounted for less than 1 percent of all U.S. 
shell egg imports in 1999.
    The United States does not export a significant amount of its egg 
supply. In 1999, the United States exported 117 million dozen eggs 
(other than hatching eggs), which is equivalent to only 2 percent of 
the U.S. nonhatching egg production for that year. As these figures 
indicate, virtually all eggs produced in the United States are consumed 
domestically.
    After China, the United States is the world's second largest egg 
producer. In China and other top egg-producing countries, including 
Japan, India, Russia, Mexico, and France, virtually all eggs produced 
are consumed domestically. Combined, these 6 countries exported 122 
million dozen eggs in 1999, less than 1 percent of their combined 
production that year. While the Netherlands exported the most eggs (226 
million dozen), that region is not among the top 7 egg-producing 
nations. Mexico reported no egg exports between 1996 and 1999.
    We expect that this proposed rule would have little or no effect on 
U.S. producers, large or small, for the following reasons:
    [sbull] Current restrictions on eggs (other than hatching eggs) 
from regions where END exists are quite similar to the restrictions 
regarding S. enteritidis phage-type 4 that we are proposing to remove.
    [sbull] END is considered to exist in five of the top six foreign 
egg-producing regions. Therefore, with the exception of France, where 
END is not considered to exist, import restrictions on eggs would still 
be in place for the regions most likely to export eggs to the United 
States.
    [sbull] Transporting eggs to the United States from foreign markets 
is expensive.
    [sbull] Egg production in the United States is highly mechanized, 
which offsets potential cost advantages that foreign producers may have 
over U.S. producers with regard to labor wage rates.
    Based on these considerations, we believe that the proposed removal 
of the restrictions on the importation of eggs from regions where S. 
enteritidis phage-type 4 exists would not result in any appreciable 
increase in egg imports or otherwise affect domestic egg producers.
    Additionally, we do not expect any impact on domestic egg producers 
or other poultry producers to result from our proposed removal of the 
regulations regarding S. enteritidis in subpart C of part 82 and Sec.  
71.3 since these regulations are no longer enforced and have not been 
enforced since fiscal year 1995.
    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 information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 82

    Animal diseases, Poultry and poultry products, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR parts 71, 82, and 94 as 
follows:

PART 71--GENERAL PROVISIONS

    1. The authority citation for part 71 would be revised to read as 
follows:

    Authority: 7 U.S.C. 8304-8306, 8308, 8310, 8313, and 8315; 7 CFR 
2.22, 2.80, and 371.4.


Sec.  71.3  [Amended]

    2. Section Sec.  71.3 would be amended as follows:
    a. In paragraph (a), by removing the words ``poultry disease caused 
by Salmonella enteritidis serotype enteritidis,''.
    b. By removing paragraph (c)(4) and redesignating paragraph (c)(5) 
as paragraph (c)(4).

PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS

    3. The authority citation for part 82 would continue to read as 
follows:

    Authority: 7 U.S.C. 8304-8306, 8308, 8313, and 8315; 7 CFR 2.22, 
2.80, and 371.4.


[[Page 77007]]


    4. The title for part 82 would be revised to read as above.

Subpart C--[Removed]

    5. In part 82, subpart C (Sec. Sec.  82.30 through 82.38) would be 
removed.

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

    6. The authority citation for part 94 would continue 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.  94.0  [Amended]

    7. Section 94.0 would be amended by removing the definitions of 
Salmonella enteritidis, Salmonella enteritidis, phage-type 4, and 
Salmonellosis.
    8. Section 94.6 would be amended as follows:
    a. By revising the section heading to read as follows.
    b. By removing paragraph (b) and redesignating paragraphs (c), (d), 
and (e) as paragraphs (b), (c), and (d), respectively.
    c. In newly redesignated paragraph (b)(2), by removing the comma 
after the word ``Administrator'' and, at the end of the paragraph, by 
removing the word ``him'' and adding the words ``the Administrator'' in 
its place.
    d. In newly redesignated paragraph (b)(6), in the first sentence, 
by removing the words ``paragraph (c)'' and adding the words 
``paragraphs (b)(1) through (b)(5)'' in their place and by removing the 
words ``,Veterinary Services'', and, in the third sentence, by removing 
the words ``paragraph (e)'' and adding the words ``paragraph (d)'' in 
their place.
    e. In newly redesignated paragraph (c), by revising the paragraph 
heading and the introductory text to read as follows.
    f. In newly redesignated paragraph (c)(1)(ix)(C)(1), footnote 7, by 
removing the words ``Operational Support,'' and adding the words 
``Animal Health Programs,'' in their place.
    g. In newly redesignated paragraph (c)(1)(ix)(C)(2), in the last 
sentence, by removing the word ``VVND'' and adding the word ``END'' in 
its place.
    h. By removing newly redesignated paragraph (c)(1)(x).
    i. In newly redesignated paragraph (c)(2), in the last sentence, by 
removing the words ``or S. enteritidis, phage-type 4,''.
    j. In newly redesignated paragraph (c)(3), by removing the words 
``or S. enteritidis, phage-type 4,'' both times they occur, and by 
removing the words ``paragraph (e)'' and adding the words ``paragraph 
(d)'' in their place.
    k. In newly redesignated paragraph (c)(4), by removing the words 
``or S. enteritidis, phage-type 4,'' both times they occur, and by 
removing the words ``paragraph (e)'' and adding the words ``paragraph 
(d)'' in their place.


Sec.  94.6  Carcasses, parts or products of carcasses, and eggs (other 
than hatching eggs) of poultry, game birds, or other birds; 
importations from regions where Exotic Newcastle Disease is considered 
to exist.

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    (c) Eggs (other than hatching eggs) from regions where END is 
considered to exist. Eggs (other than hatching eggs \6\) from poultry, 
game birds, or other birds may be imported only in accordance with this 
section if they: Are laid by poultry, game birds, or other birds that 
are raised in any region where END is considered to exist (see 
paragraph (a) of this section); are imported from any region where END 
is considered to exist; or are moved into or through any region where 
END is considered to exist at any time before importation or during 
shipment to the United States.
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    \6\ The requirements for importing hatching eggs are contained 
in part 93 of this chapter.
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    Done in Washington, DC, this 11th day of December 2002.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 02-31569 Filed 12-13-02; 8:45 am]
BILLING CODE 3410-34-P