[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Rules and Regulations]
[Pages 38259-38261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10555]



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  Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules 
and Regulations  

[[Page 38259]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 02-089-3]


Add Denmark to the List of Regions Free of Exotic Newcastle 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations to add Denmark to the list of 
regions considered free of exotic Newcastle disease. This final rule 
follows an interim rule that removed Denmark from that list due to an 
outbreak of exotic Newcastle disease in that region. A recent risk 
analysis indicated that Denmark now meets our requirements for 
recognition as a region free of exotic Newcastle disease. This rule 
relieves certain restrictions on the importation of carcasses, parts or 
products of carcasses, and eggs (other than hatching eggs) of poultry, 
game birds, and other birds from Denmark into the United States.

DATES: Effective Date: July 6, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. Chip Wells, Senior Staff 
Veterinarian, Regionalization Evaluation Services--Import, 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 carcasses, parts or products of 
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).
    In an interim rule effective July 16, 2002, and published in the 
Federal Register on September 20, 2002 (67 FR 59136-59137, Docket No. 
02-089-1), we amended the regulations by removing Denmark from the list 
of regions considered to be free of END. The interim rule was necessary 
because END had been confirmed in Denmark. The effect of the interim 
rule was to restrict the importation of carcasses, parts or products of 
carcasses, and eggs (other than hatching eggs) of poultry, game birds, 
and other birds into the United States from Denmark.
    Although we removed Denmark from the list of regions considered 
free of END, we recognized 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. We stated that we intended to reassess the 
situation in the region at a future date, and that as part of that 
reassessment process, we would consider all comments received regarding 
the interim rule. We received no comments on the interim rule.
    Additionally, we stated that our future assessment would enable us 
to determine whether it would be necessary to continue to restrict the 
importation of poultry and poultry products from Denmark, whether we 
could restore Denmark to the list of regions in which END is not known 
to exist, or whether we could restore portions of Denmark as free of 
END.
    On May 5, 2005, we published in the Federal Register (70 FR 23809-
23810, Docket No. 02-089-2) a notice announcing the availability of a 
risk analysis we had prepared concerning the END status of Denmark and 
the related disease risks associated with importing carcasses, parts or 
products of carcasses, and eggs (other than hatching eggs) of poultry, 
game birds, and other birds from Denmark into the United States.
    We solicited public comments concerning the evaluation for 60 days 
ending July 5, 2005. We received two comments in that time; one from 
the European Commission (EC) and the other from a group of private 
individuals. Both commenters raised concerns regarding APHIS procedures 
for recognizing the disease status of other countries. These concerns 
are discussed below.
    Issue: Both the EC and the private citizens expressed concern about 
the procedures used by APHIS in first removing and then reinstating 
Denmark from the list of END free regions. The private citizens 
expressed concern that there was a 2-month difference between the 
detection of the outbreak and the publication of the interim rule in 
2002. The EC stated that the United States has been unacceptably slow 
in returning Denmark to the list of END free regions, as the EC 
considered Denmark to be END free as of March 1, 2003. Furthermore, the 
EC stated that the present APHIS rulemaking process is not in 
compliance with the OIE Terrestrial Animal Health Code Article 2.7.13.2 
or with agreements between the United States and the EC regarding 
regionalization of the European Union (EU).
    Response: We are required to adhere to certain procedures in 
establishing or amending regulations, including actions regarding the 
animal health status of a region. Our policy in situations in which a 
region experiences a disease outbreak is to issue an immediate 
administrative ban on imports from an affected region and then follow 
with the rulemaking process required by the Administrative Procedure 
Act; the interim rule may be given an effective date earlier than the 
date of the rule's signature or publication to affirm our authority for 
issuing previous administrative orders. In this case, a port alert 
instructing APHIS port offices to refuse any shipment of poultry or 
poultry products from Denmark that did not meet the requirements for 
poultry or poultry products from regions affected with END was issued 
on July 31, 2002. This action applied retroactively to shipments 
received on or after July 16, 2002, the day suspicion of the outbreak 
was initially reported. The interim rule removing Denmark from the list 
of END-free regions was also made effective retroactively to July 16, 
2002.
    We received the request to return Denmark to the list of END-free 
regions

[[Page 38260]]

in April 2004. Once the request was received, we responded by 
initiating the risk analysis. Some aspects of the information submitted 
required clarification, and during the review period (after receipt of 
the original submission) Denmark made a significant change to its END 
control policy with the implementation of a mandatory vaccination 
policy. We considered it necessary to acquire additional information to 
evaluate the effect of this change. We exchanged correspondence on 
several occasions with the EC and received the requested information on 
November 26, 2004. On May 5, 2005, we published the notice of 
availability cited above and invited public review and comment of the 
risk analysis cited above until July 5, 2005. While we were considering 
the public comments received, Denmark experienced a single new END 
outbreak, which was reported on October 21, 2005. We have considered 
the impact of this situation on the previously published risk analysis, 
and this final rule reflects that consideration.
    Issue: The group of private citizens stated that the focus on live 
poultry in the risk analysis was misplaced, and the focus should have 
been on the risk of introducing END through poultry products.
    Response: As we explained in the exposure assessment portion of the 
risk analysis, it was necessary for us to focus on exposure pathways 
involving live poultry because historically END introductions into the 
United States have been associated with the importation of live birds. 
Live birds were, therefore, considered a higher risk pathway than the 
importation of poultry products. Since the risk from live birds was 
low, the risk from poultry products should also be low.
    Issue: The group of private citizens asked for clarification of the 
process APHIS uses in adding and removing countries on the list in 
Sec.  94.6(a)(2) of the regulations. They also asked for more 
information on the procedures that APHIS uses to rank risk.
    Response: The regulatory process we use to recognize the animal 
health status of a region or to reestablish a region's disease-free 
status after an outbreak is detailed in 9 CFR part 92. General 
information on determining animal disease status and risk assessment 
can be found online at the Veterinary Services Regionalization 
Evaluation Services Staff Web site, http://www.aphis.usda.gov/vs/ncie/reg-request.html. The informational document ``Process for Foreign 
Animal Disease Status Evaluations, Regionalization, Risk Analysis, and 
Rulemaking,'' which describes the process APHIS follows when conducting 
foreign animal disease status evaluation, regionalization, risk 
analysis, and related rulemaking, is available to the public through 
that Web site by clicking on the document title at the bottom of the 
page.
    Issue: The private citizens stated that APHIS should have made a 
site visit to Denmark to evaluate the END status of the region.
    Response: We disagree. As we explained in the risk analysis, prior 
to the outbreaks in 2002, the United States had a long history of trade 
of poultry and poultry products with Denmark. Denmark, as a country and 
as a Member State of the EU, has previously been evaluated for END and 
other animal diseases. We have maintained contact with Danish 
veterinary authorities who keep us advised of animal disease conditions 
in their country. Furthermore, the EU system for animal disease control 
for classical swine fever has been extensively evaluated by APHIS and 
provides additional confidence in the EU veterinary infrastructure. The 
document referenced above, ``Process for Foreign Animal Disease Status 
Evaluations, Regionalization, Risk Analysis, and Rulemaking,'' 
describes circumstances when a site visit may not be deemed necessary 
for an evaluation. Accordingly, we concluded that a document review was 
sufficient for the needs of the risk analysis.
    As noted previously, while we were reviewing these comments and 
preparing its response, Denmark experienced a new outbreak of END in a 
single flock. We monitored the situation and evaluated the information 
provided by Danish veterinary authorities and have concluded that the 
outbreak was limited to a single flock, which was depopulated, and that 
the outbreak has successfully been contained and eradicated. Denmark 
has lifted all protective measures as of December 4, 2005. We consider 
this isolated outbreak to be consistent with the conclusions stated in 
the previously released risk analysis.
    Therefore, for the reasons given in this document and based on our 
risk analysis, we are amending Sec.  94.6 in this final rule to add 
Denmark to the list of regions considered free of END.

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 adding Denmark to the list of 
regions considered free of END. We are taking this action because 
Denmark has met our requirements for recognition as a region free of 
END. This action relieves restrictions on the importation of carcasses, 
parts or products of carcasses, and eggs (other than hatching eggs) of 
poultry, game birds, or other birds from Denmark which are no longer 
warranted.
    Denmark produced 412 million pounds (equivalent to about 1.2 
percent of U.S. production) and exported 250 million pounds (equivalent 
to about 0.7 percent of U.S. production) of poultry meat in 2005. The 
United States is the world's largest producer and exporter of poultry 
meat. In 2005, U.S. poultry meat production totaled 35.3 billion 
pounds, of which 84.3 percent was broiler meat, 12.4 percent was turkey 
meat, and 3.3 percent was other chicken meat. During the same period, 
the United States exported 6 billion pounds of poultry meat valued at 
$2.5 billion.
    In theory, if poultry available for consumption in U.S. markets 
increases, poultry prices would decrease, U.S. consumers of poultry 
would benefit, and U.S. producers would be harmed. U.S. freight 
forwarding, trucking, and transport firms that transport poultry from 
U.S. ports could benefit from increased economic activity. However 
these impacts are expected to be negligible because the amounts of 
poultry products produced in Denmark are a small fraction of U.S. 
production. Denmark has a well established world-wide market and is 
unlikely to divert its exports from these markets to the more distant 
U.S. market.
    The Small Business Administration (SBA) has established guidelines 
for determining which types of firms are to be considered small under 
the Regulatory Flexibility Act. This rule would mainly affect poultry 
farms (North American Industry Classification System [NAICS] code 
112320). According to the 2002 Census of Agriculture, there are 83,381 
poultry farms that produce broilers and other meat type chickens. These 
facilities are considered to be small if their annual receipts are not 
more than $750,000. Over 93 percent of these operations are considered 
to be small. Any effects of the rule for U.S. producers will be 
negligible. Other entities that could theoretically be affected include 
U.S. trucking firms (NAICS code 4842302), U.S. freight forwarders 
(NAICS code 4885101), and deep sea freight transport companies (NAICS 
code 483111). The SBA classifies trucking firms as small if their 
annual receipts are less than $21.5

[[Page 38261]]

million; freight forwarding firms are small if their annual receipts 
are less than $6 million, and deep sea freight transport firms are 
small if they have not more than 500 workers. According to the 2002 
Economic Census, there were 9,177 trucking firms, 5,840 freight 
forwarders, and 383 deep sea freight transport companies. Over 99 
percent of trucking firms, 90 percent freight forwarders, and 70 
percent of deep sea freight transport firms are considered to be small. 
Although the majority of these establishments are small entities, the 
effect of this rule will be negligible.
    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 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 
``Denmark,'' before the word ``Fiji.''

    Done in Washington, DC, this 29th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-10555 Filed 7-5-06; 8:45 am]
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