[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Rules and Regulations]
[Pages 4810-4813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-840]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 04-083-3]


Add Argentina to the List of Regions Considered Free of Exotic 
Newcastle Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations by adding Argentina to the 
list of regions considered free of exotic Newcastle disease. We have 
conducted a risk evaluation and have determined that Argentina has met 
our requirements for being recognized as free of this disease. This 
action eliminates certain restrictions on the importation into the 
United States of poultry and poultry products from Argentina. We are 
also adding Argentina to the list of regions that, although declared 
free of exotic Newcastle disease, must provide an additional 
certification to confirm that any poultry or poultry products offered 
for importation into the United States originate in a region free of 
exotic Newcastle disease and that, prior to importation into the United 
States, such poultry or poultry products were not commingled with 
poultry or poultry products from regions where exotic Newcastle disease 
exists.

DATES: Effective Date: March 1, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. David Nixon, Senior Staff 
Veterinarian, Regionalization Evaluation Services,

[[Page 4811]]

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 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). END 
is a contagious, infectious, and communicable disease of birds and 
poultry. Section 94.6 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 Government of Argentina requested that APHIS evaluate 
Argentina's animal health status with respect to END and provided 
information in support of that request in accordance with 9 CFR part 
92, ``Importation of Animals and Animal Products: Procedures for 
Requesting Recognition of Regions.''
    On August 23, 2005, we published in the Federal Register (70 FR 
49200-49207, Docket No. 04-083-1) a proposal to amend the regulations 
by adding Argentina to the list of regions considered free of END. We 
also proposed to add Argentina to the list of regions that, although 
declared free of END, must provide an additional certification to 
confirm that any poultry or poultry products offered for importation 
into the United States originate in a region free of END and that, 
prior to importation into the United States, such poultry or poultry 
products were not commingled with poultry or poultry products from 
regions where END exists. On September 8, 2005, we published a document 
in which we corrected an Internet address and Web site navigation 
instructions that had been provided in the proposed rule (see 70 FR 
53313, Docket No. 04-083-2).
    We solicited comments concerning our proposal for 60 days ending 
October 24, 2005. 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.

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.
    Under the regulations in 9 CFR part 94, the importation into the 
United States of poultry and poultry products that originate in or 
transit any region where END exists is generally prohibited. 
Furthermore, even if a region is considered free of END, the 
importation of poultry and poultry products from that region may be 
restricted depending on the region's proximity to or trading 
relationships with countries or regions where END is present.
    This rule amends the regulations by adding Argentina to the list of 
regions considered free of END. However, since Argentina shares borders 
with regions that the United States does not recognize as free of END, 
we are also requiring Argentina to meet additional certification 
requirements for live poultry and poultry products imported into the 
United States to ensure that the imports are free from END.
    Over the past several years, Argentina's poultry industry has 
increased substantially as shown in table 1. Although Argentina exports 
eggs, which typically are destined to Denmark, the main export for 
Argentina is poultry meat. Argentina exports poultry meat and products 
to 34 countries, with Chile expected to be the largest importer. In 
2003, Argentina exported $22 million of poultry meat including whole 
broilers (36 percent), chicken paws (30 percent), processed meat from 
layers (5 percent), and other products and byproducts such as wings, 
nuggets, burgers, offal, and breasts (29 percent). Exports for poultry 
meat in 2004 are projected at 70,000 tons, almost twice the amount 
exported in 2003. In 2005, exports are projected to reach 110,000 
metric tons.

                         Table 1.--Poultry Exports, Imports, and Production in Argentina
                                                [In metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                      Poultry         Poultry         Poultry
                              Year                                    imports         exports       production
----------------------------------------------------------------------------------------------------------------
1998............................................................          65,215          18,936         930,247
1999............................................................          55,608          17,097         982,860
2000............................................................          45,683          19,187       1,000,260
2001............................................................          26,661          21,243         993,122
2002............................................................           1,196          30,501         972,870
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Source: FAOSTAT Argentina Poultry, last accessed November 2004.

    In 2003, poultry production in the United States totaled 38.5 
billion pounds for a total value of $23.3 billion. Broiler meat 
accounted for $15.2 billion (65 percent) of this value in 2003. The 
remaining worth was comprised of the value of eggs ($5.3 billion), 
turkey ($2.7 billion), and other chicken products ($48 million). The 
United States is also the world's largest exporter of broilers, with 
broiler exports totaling 4.93 billion pounds, the equivalent of $1.5 
billion, in 2003. Imports of broiler products into the United States in 
2003 totaled 12 million pounds, or less than 1 percent of the domestic 
production.
    In 2002, there were approximately 32,006 broiler and other meat 
producing chicken farms in the United States, as shown in table 2. 
Under the Small Business Administration's size standards, broiler and 
other meat production chicken farms with less than $750,000 in annual 
sales, which is the equivalent of 300,000 birds, qualify as small 
businesses. Given this information, about 20,949, or 64.5 percent of 
all broiler operations, qualify as small businesses.

[[Page 4812]]



                  Table 2.--Number of Farms Selling Broilers and Other Meat-Type Chickens, 2002
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                                                                                                  Average sales
                        Number sold                               Farms            Number           per farm
                                                                                                    (dollars)
----------------------------------------------------------------------------------------------------------------
Broilers and other meat-type chickens.....................            32,006     8,500,313,357          $766,498
    1 to 1,999............................................            10,869         1,146,308               304
    2,000 to 15,999.......................................               406         2,871,466            20,412
    16,000 to 29,999......................................               206         4,420,530            61,932
    30,000 to 59,999......................................               444        19,732,838           128,267
    60,000 to 99,999......................................             1,060        84,498,647           230,066
    100,000 to 199,999....................................             3,311       498,386,958           434,425
    200,000 to 299,999....................................             4,653     1,137,668,155           705,651
    300,000 to 499,999....................................             5,754     2,191,324,340         1,099,118
    500,000 or more.......................................             5,303     4,560,264,115         2,481,853
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Source: 2002 Census of Agriculture, Table 27.

    Broiler production in the United States is concentrated in a group 
of States stretching from Delaware south along the Atlantic coast to 
Georgia, then westward through Alabama, Mississippi, and Arkansas. 
These States accounted for over 70 percent of broilers in the United 
States in 2003. The top five broiler producing States are Georgia, 
Arkansas, Alabama, Mississippi, and North Carolina, whose 2002 broiler 
sales are listed below in table 3.

                                           Table 3.--Number of Farms Selling Broilers in Selected States, 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              Total for
                                                                                                                                  North       top five
           Number of broilers sold per farm              U.S. total      Alabama      Arkansas       Georgia     Mississippi    Carolina      producing
                                                                                                                                               States
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 to 1,999............................................        10,869            89            79            46           104            13           331
2,000 to 59,999.......................................         1,056            20           103            49            86           101           359
60,000 to 99,999......................................         1,060            57           199            84            97           158           595
100,000 to 199,999....................................         3,311           385           634            25           210           539         1,793
200,000 to 499,999....................................        10,407         1,328         1,927         1,335           883         1,284         6,757
500,000 or more.......................................         5,303            72           578           959           548           349         2,506
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2002 Census of Agriculture State Data Table.

    Poultry meat imported from Argentina could potentially affect the 
United States poultry industry. Consumers will benefit from any price 
decreases for poultry and poultry products, while producers will 
potentially be negatively affected by more competitive prices. However, 
the amount of poultry or poultry products that may be imported from 
Argentina is not expected to have a significant impact on poultry 
consumers or producers in the United States. In 2003, Argentina 
exported a total of $22 million worth of poultry and poultry products 
while the United States produced $15.2 billion worth of broilers. Given 
these numbers, any exports from Argentina are not likely to be in 
quantities sufficient to have a significant impact on U.S. poultry 
producers, and we do not anticipate that any U.S. entities, small or 
otherwise, will experience any significant economic effects as a result 
of this action. It should also be noted that Argentina is not currently 
eligible to export poultry products to the United States under the 
regulations of the Department's Food Safety and Inspection Service in 9 
CFR 381.196 for approving foreign facilities to export poultry meat and 
other poultry products to the United States; there will, therefore, be 
no economic effects on U.S. entities until establishments in Argentina 
are approved to export poultry meat and other poultry products to the 
United States.
    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 in 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 part 94 as follows:

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

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.6  [Amended]

0
2. In Sec.  94.6, paragraph (a)(2) is amended by adding the word

[[Page 4813]]

``Argentina,'' before the word ``Australia,''.

0
3. Section 94.26 is amended as follows:
0
a. In the introductory text of the section, in the first sentence, by 
removing the words ``The Mexican'' and adding the words ``Argentina and 
the Mexican'' in their place.
0
b. In paragraph (a), by removing the words ``Government of Mexico'' and 
adding the words ``national Government of the exporting region'' in 
their place.
0
c. In paragraph (c)(1), by removing the words ``Government of Mexico'' 
and adding the words ``national Government of the exporting region'' in 
their place.
0
d. In paragraph (c)(4), by removing the words ``Government of Mexico'' 
and adding the words ``national Government of the exporting region'' in 
their place.

    Done in Washington, DC, this 24th day of January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-840 Filed 1-27-06; 8:45 am]
BILLING CODE 3410-34-P