[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Proposed Rules]
[Pages 28382-28385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10918]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. APHIS-2007-0141]
Importation of Horses, Ruminants, Swine, and Dogs; Remove Panama
From Lists of Regions Where Screwworm Is Considered To Exist
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations regarding the
importation of live horses, ruminants, swine, and dogs by removing
Panama from the lists of regions where screwworm is considered to
exist. We are taking this action because the eradication of screwworm
from Panama has been confirmed. This action would relieve certain
screwworm-related certification and inspection requirements for live
animals imported into the United States from Panama.
DATES: We will consider all comments that we receive on or before July
15, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0141 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2007-0141, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2007-0141.
Reading Room: 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Julia Punderson, Regionalization
Evaluation Services--Import, Sanitary Trade Issues Team, National
Center for Import and Export, VS, APHIS, 4700 River Road Unit 38,
Riverdale, MD 20737-1231; (301) 734-0757.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
into the United States to prevent the introduction of pests and
diseases of livestock and poultry, including New World screwworm
(Cochliomyia hominivorax). Screwworm, a pest native to tropical areas
and currently found in South America and the Caribbean, causes
extensive damage to livestock and other warm-blooded animals. Subparts
C, D, E, and F of the regulations govern the importation of horses,
ruminants, swine, and dogs, respectively, and include provisions for
the inspection and treatment of these animals if imported from any
region of the world where screwworm is considered to exist. Sections
93.301, 93.405, 93.505, and 93.600 list all the regions of the world
where screwworm is considered to exist.
The regulations include provisions that the animals be inspected,
quarantined, and, if necessary, treated for screwworms, and require
that the animals be accompanied to the United States by a certificate
signed by a full-time salaried veterinary official of the exporting
region attesting that the above conditions have been met. Additionally,
[[Page 28383]]
on arrival, horses must be quarantined at an animal import center for a
minimum of 7 days and must be examined prior to release from
quarantine.
The Animal and Plant Health Inspection Service (APHIS) of the
Unites States Department of Agriculture (USDA) has responsibility for
taking actions to exclude, eradicate, and control agricultural pests,
such as screwworm, in the United States. Eradication of indigenous
screwworm in the United States using systematic releases of sterile
adult screwworm flies was completed in 1966. Sporadic screwworm
outbreaks continued to occur and, in 1972, a large outbreak occurred in
southwestern States as a result of screwworms entering the United
States on livestock from Mexico. This outbreak led to plans that were
then developed to progressively eradicate screwworm in Mexico and
establish a biological barrier to prevent incursion of screwworm into
the United States. In 1972, USDA began a cooperative screwworm program
to help Mexico eradicate screwworm. This program was later expanded
with the goal of covering the entire Central American Isthmus and
Panama, eventually reaching the Darien Gap area on Panama's border with
Colombia. Successful cooperative screwworm eradication programs were
completed in Mexico in 1991, Belize and Guatemala in 1994, El Salvador
in 1995, Honduras in 1996, Nicaragua in 1999, and Costa Rica in 2000.
USDA began a cooperative screwworm eradication program in Panama in
1994 and, in 2006, Panama requested that APHIS evaluate the animal
disease status of Panama with respect to screwworm 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.'' Using information submitted to us
by the Commission for the Eradication and Prevention of Screwworm
(COPEG), Panama's Ministry of Agriculture and Livestock Development
(MIDA), and USDA, we have reviewed and analyzed the animal health
status of Panama with respect to screwworm. Our determinations
concerning this request, based on the information submitted to us and
the information we gathered, are set forth below.
Risk Analysis
APHIS conducted a risk analysis to examine the risk of introducing
screwworm into the United States from the importation of live horses,
ruminants, swine, and dogs from Panama. We summarize our findings for
each of the 11 factors in 9 CFR 92.2 below and summarize our risk
considerations of these findings following our discussions of the
factors.
Authority, Organization, and Veterinary Infrastructure
In Panama, the eradication and prevention of screwworm has been
accomplished through the efforts of COPEG, a cooperative program
involving MIDA and USDA. COPEG serves as the veterinary authority, and
in this role directly controls the specifics of the eradication and
prevention program, with the full cooperation of Panama's veterinary
infrastructure, as well as financial and scientific support from USDA.
COPEG applied the preexisting infrastructure and legal framework
developed within Panama for the eradication of foot-and-mouth disease
(FMD), and shares many of the FMD program resources developed under the
Panama-U.S. Commission for the Prevention of Foot-and-Mouth Disease
(COPFA). APHIS has determined that Panama has available the necessary
legal authority, infrastructure, budget, and supporting resources to
carry out the program and maintain its screwworm-free status.
Disease Status in the Region
The last reported native case of screwworm outside the permanent
biological barrier in the area of the Darien Gap occurred in 2001. The
continued, but extremely low, finding of screwworm within the buffer
area adjoining the border with Colombia is an expected occurrence. The
established permanent biological barrier and continued intensive
surveillance will act to prevent the spread of screwworm into the rest
of Panama and Central America. APHIS could not identify any risks
associated with this factor that would pose an unacceptable risk to the
United States if trade with Panama in live animals were to occur.
Disease Status of Adjacent Regions
Panama shares borders with Costa Rica and Colombia. While screwworm
has been eradicated in Costa Rica, Colombia is still considered to be
affected. The existence of a common land border with a screwworm-
affected region presents a risk for reintroducing screwworm into Panama
from Colombia. However, APHIS has determined that Panama's active
disease control and surveillance program and maintenance of the
permanent biological barrier with continuous distribution of sterile
screwworm flies serves to mitigate the risk of reinfestation of Panama
with screwworm.
Extent of Active Disease Control Program
As previously noted, the eradication and prevention of screwworm in
Panama was the result of cooperative efforts of USDA and Panama through
COPEG, and involved the use of the sterile fly release method and the
establishment of a permanent biological barrier between Central America
and the South American Continent. APHIS has determined that Panama has
an effective prevention program in place based upon Panama's active
disease control and surveillance program and maintenance of the
permanent biological barrier with continuous distribution of sterile
screwworm flies. These findings are described in further detail in the
risk analysis.
Vaccination
Vaccination is not an applicable control method for screwworm.
Treating wounds and spraying or dipping animals with an approved
product such as organophosphates or other insecticide will provide
protection against screwworm for up to 7 to 10 days. However, the most
effective way to control screwworm infestation remains eradication.
Separation From Adjacent Regions of Higher Risk
The Darien Province forms the border between Panama and Colombia.
This border is characterized by mountainous rainforest on the
Panamanian side and flat marsh and swamp on the Colombian side of the
border. This area is called the Darien Gap and is roughly 100 miles
long and 30 miles wide. The land supports very little agriculture and
is sparsely populated. There are no major roads crossing the Darien
Gap, which limits land crossing from Central America to South America.
The natural physical characteristics of the area enhance its
effectiveness as a biological barrier. The remote nature of the Darien
Gap was first utilized over 40 years ago in the eradication and control
effort for FMD because it serves as a natural barrier to dissemination
of infectious diseases such as FMD.
APHIS finds that the natural and biological barriers of the Darien
Gap limit the movement of fertile screwworm flies or potentially
affected animal species from the South American Continent into Panama,
effectively controlling the risk of screwworm introduction into Panama
[[Page 28384]]
outside of the permanent biological barrier.
Movement Controls
The movement controls established previously as part of FMD
legislation continue to be implemented and enforced by COPEG and MIDA
officials. These established movement controls limit the illegal
movement of livestock from the inspection and control zones in Darien
Province and the Kuna Yala region into the rest of Panama. The
continuous monitoring of the permanent biological barrier in the Darien
Gap is a strong feature of the cooperative FMD and screwworm
eradication and prevention programs. The system of inspection posts and
monitoring throughout Panama significantly limits the risk of
introduction and spread of screwworm in Panama. These findings are
described in further detail in the risk analysis.
Livestock Demographics and Marketing Practices
Panama has a total human population of approximately 3 million,
with 45 percent of the populations living in rural areas. More than 70
percent of Panamanian exports are agricultural products; however, the
vast majority of these imports are plant products such as sugar and
bananas. Nonetheless, livestock raising (cattle, pigs, and poultry) is
an important and long-established economic activity in Panama, and beef
and hides are exported. Panama has about 1.5 million head of cattle on
40,000 holdings. Cattle are primarily raised in the southwestern
provinces of Chiriqu[iacute], Los Santos, and Veraguas. There are
300,000 swine on 28,000 holdings, located primarily in the central and
western provinces of Panam[aacute], Los Santos, Chiriqu[iacute], and
Veraguas. Cattle are only allowed to be raised in the control zone area
of Darien Province where the cattle population density is low and
involves roughly 8 percent of the province, with an estimated 0.9
animals per hectare. In the inspection zone area of Darien Province,
commercial cattle rearing is prohibited and agricultural production is
limited to swine raised for local consumption.
The poultry population in Panama is approximately 14 million
chickens on 150,000 holdings located primarily in the central provinces
of Panam[aacute], Cocl[eacute] and Col[oacute]n. There are an
additional 200,000 turkeys, ducks, and geese on 20,000 holdings
throughout Panama as well as a small population of horses and mules
(135,000 head on 46,000 holdings), and sheep and goats (12,000 head on
1,000 holdings). Few screwworm-susceptible live animals are exported.
Currently, the exportation of live animals is not a large part of
Panama's agricultural economy. Screwworm larvae are not able to survive
in nonviable tissue, so the importation of meat or other animal
products would not pose a risk for introduction of screwworm into the
United States.
Disease Surveillance
The infrastructure developed for FMD surveillance has been applied
effectively to the screwworm eradication and control program. The
measures in place in the inspection and control zones, which includes
the Darien Province and the Emera and Kuna Yala indigenous comaracas,
are adequate to rapidly detect and eradicate screwworm and prevent the
reintroduction of screwworm into the rest of Panama. Sample submission
from all parts of Panama reflects both targeted surveillance within the
inspection and control areas and surveillance in the livestock
production areas. APHIS finds that the active surveillance program in
Panama is sufficient to detect the presence of screwworm if it were to
be reintroduced into Panama.
Diagnostic Laboratory Capabilities
Laboratory diagnosis of screwworm in Panama is the responsibility
of the central Laboratory for the Diagnosis of Vesicular Disease in
Toucaman. APHIS considers Panama to have the diagnostic capabilities to
adequately diagnose the presence of screwworm.
Emergency Response Capacity
Panama has in place a contingency plan for screwworm outbreaks
under the supervision of COPEG. The contingency plans are supplemented
by official instructions and guidelines detailing procedures for
disease notification and confirmation, sampling methods, and diagnostic
procedures.
APHIS has determined that Panama has in place the infrastructure
and legal authority to declare an emergency and take appropriate action
in case of a screwworm outbreak. The emergency response capability was
proven to be effective in 2003 following an accidental release of
fertile flies. The emergency response plan is comprehensive and allowed
COPEG to respond rapidly with extensive resources, utilizing the
cooperation of several government agencies to rapidly contain and
eradicate the accidental infestation. APHIS was unable to identify
specific limitations in this system that would pose a risk to the
United States.
These findings are described in further detail in a risk analysis
that may be obtained from the person listed under FOR FURTHER
INFORMATION CONTACT and may be viewed on the Internet on the
Regulations.gov Web site. (A link to Regulations.gov is provided under
the heading ADDRESSES at the beginning of this proposed rule.) The
evaluation documents the factors that have led us to conclude that
Panama has successfully eradicated screwworm. Therefore, we are
proposing to remove Panama from the lists in Sec. Sec. 93.301(j),
93.405(a)(3), 93.505(b), and 93.600(a) of regions where screwworm is
considered to exist.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
This proposed rule would amend the regulations regarding the
importation of live horses, ruminants, swine, and dogs by removing
Panama from the lists of regions where screwworm is considered to
exist. We are taking this action because the eradication of screwworm
from Panama has been confirmed. This action would relieve certain
screwworm-related certification and inspection requirements for live
animals imported into the United States from Panama.
No significant change in program operations is anticipated as a
result of this proposed rulemaking, nor will this action affect other
Federal agencies, State governments, or local governments. The cost of
all technical support activities, including establishment of animal
quarantine control measures, treatment stations, maintenance of
livestock census, screwworm surveillance, establishment and maintenance
of laboratory support, and aerial dispersion of sterile screwworm flies
in Panama is provided by COPEG and the cooperative agreement funded by
the USDA and MIDA. When importing live animals from a region where
screwworm is considered to exist, the cost of any required testing (and
treatment, if needed) would be paid by the owner of the animals being
shipped. Our proposal to remove Panama from the list of regions where
screwworm is considered to exist would reduce the cost for producers
and others in Panama to export ruminants, swine, horses, and dogs to
the United States.
The economic effects associated with the proposed changes are
likely to be
[[Page 28385]]
limited. This is because the amount of live animals exported into the
United States from Panama is likely to remain small. Trade statistics
indicate that since 2001, the United States has not imported any
ruminants, swine, or dogs from Panama. Equine imports from Panama over
this period have numbered only 163, which is approximately 0.06 percent
of all horse imports.\1\
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\1\ Based on U.S. Census Bureau data, as presented by Foreign
Agricultural Service, USDA: http://www.fas.usda.gov/ustrade/USTImHS10.asp?QI=online_trade_dataTRad.
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According to Small Business Administration size standards for beef
cattle ranching and farming (North American Industry Classification
System (NAICS) 112111), dairy cattle and milk production (NAICS
112120), hog and pig farming (NAICS 112210), sheep farming (NAICS
112410), goat farming (NAICS 112420), and horse and other equine
production (NAICS 112920), as well as the commercial production of
dogs, which is classified under ``all other animal production'' (NAICS
112990),\2\ operations with not more than $750,000 in annual sales are
considered small entities. We do not expect that these producers, small
or otherwise, would be affected significantly by the proposed change in
Panama's screwworm status. This is because, for the reasons discussed
above, live ruminants, swine, horses and dogs from Panama do not play
much, if any, of a role in their operations, and few susceptible live
animals are expected to be exported.
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\2\ The ``all other animal production'' classification also
includes the production of other animals, such as adornment birds
(swans, peacocks, flamingos), alpacas, birds for sale, buffalos,
cats, crickets, deer, elk, laboratory animals, llamas, rattlesnakes,
worms, and breeding of pets.
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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 new 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 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 93 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY,
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 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. 93.301 [Amended]
2. In Sec. 93.301, paragraph (j) is amended by removing the word
``Panama,''.
Sec. 93.405 [Amended]
3. In Sec. 93.405, paragraph (a)(3) is amended by removing the
word ``Panama,''.
Sec. 93.505 [Amended]
4. In Sec. 93.505, paragraph (b) is amended by removing the word
``Panama,''.
Sec. 93.600 [Amended]
5. In Sec. 93.600, paragraph (a) is amended by removing the word
``Panama,''.
Done in Washington, DC, this 7th day of May 2008.
Cindy J. Smith,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-10918 Filed 5-15-08; 8:45 am]
BILLING CODE 3410-34-P