[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Pages 36898-36900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15623]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 71, 82, and 94

[Docket No. 00-107-2]
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: Final rule.

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SUMMARY: We are amending 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 eliminates restrictions on the importation of eggs from regions 
where Salmonella Enteritidis phage-type 4 exists. We are also removing 
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.

EFFECTIVE DATE: June 20, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, 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. The regulations in subpart C of 9 CFR 
part 82 contain, in part, restrictions on trade on the interstate 
movement of eggs from flocks affected with S. enteritidis serotype 
enteritidis. S. enteritidis phage-type 4 is one of several strains of 
S. enteritidis serotype enteritidis.
    On December 16, 2002, we published in the Federal Register ( 67 FR 
77004-77007, Docket No. 00-107-1) a proposal 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. We also proposed to remove our regulations 
regarding poultry disease caused by S. enteritidis serotype 
enteritidis.
    We solicited comments concerning our proposal for 60 days ending 
February 14, 2003. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule without change.

Effective Date

    This is a substantive rule that relieves restriction and, pursuant 
to the provisions of 5 U.S.C. 533, may be made

[[Page 36899]]

effective less than 30 days after the publication in the Federal 
Register. This rule removes import restriction on eggs (other than 
hatching eggs) of poultry, game birds, and other birds from regions 
where S. enteritidis phage-type 4 exists. It also removes regulations 
regarding poultry diseases caused by S. enteritidis serotype 
enteritidis. Therefore, the Administrator of the Animal and Plant 
Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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.
    We are amending 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 will eliminate restrictions on the 
importation of eggs from regions where S. enteritidis phage-type 4 
exists. We are also removing 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 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 rule will 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 Exotic Newcastle Disease (END) exists are quite 
similar to the restrictions regarding S. enteritidis phage-type 4 that 
we are removing.
    [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 will 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 removal of the 
restrictions on the importation of eggs from regions where S. 
enteritidis phage-type 4 exists will 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 removal of the 
regulations regarding S. enteritidis serotype 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final 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 final 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.


0
Accordingly, we are amending 9 CFR parts 71, 82, and 94 as follows:

PART 71--GENERAL PROVISIONS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

Sec.  71.3  [Amended]

0
2. Section Sec.  71.3 is amended as follows:
0
a. In paragraph (a), by removing the words ``poultry disease caused by 
Salmonella enteritidis serotype enteritidis,''.
0
b. By removing paragraph (c)(4) and redesignating paragraph (c)(5) as 
paragraph (c)(4).

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

0
3. The authority citation for part 82 continues to read as follows:


[[Page 36900]]


    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
4. The heading for part 82 is revised to read as above.

Subpart C--[Removed]

0
5. In part 82, subpart C (Sec. Sec.  82.30 through 82.38) is removed.

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL 
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

0
6. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 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]

0
7. Section 94.0 is amended by removing the definitions of Salmonella 
enteritidis, Salmonella enteritidis, phage-type 4, and Salmonellosis.

0
8. Section 94.6 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. By removing paragraph (b) and redesignating paragraphs (c), (d), and 
(e) as paragraphs (b), (c), and (d), respectively.
0
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.
0
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.
0
e. In newly redesignated paragraph (c), by revising the paragraph 
heading, the introductory text, and footnote 6 to read as set forth 
below.
0
f. In newly redesignated paragraph (c)(1)(ix)(C)(1), footnote 7, by 
removing the words ``Operational Support,'' and adding the words 
``National Animal Health Policy Programs,'' in their place.
0
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.
0
h. By removing newly redesignated paragraph (c)(1)(x).
0
i. In newly redesignated paragraph (c)(2), in the last sentence, by 
removing the words ``or S. enteritidis, phage-type 4,''.
0
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.
0
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.

* * * * *
    (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 16th day of June, 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-15623 Filed 6-19-03; 8:45 am]
BILLING CODE 3410-34-P