Change in Disease Status of Costa Rica Because of Exotic Newcastle Disease

SUMMARY: We are proposing to declare Costa Rica free of exotic

Newcastle disease (END). Declaring Costa Rica free of END appears to be

appropriate because the country has had no clinical, pathological, or

laboratory confirmation of END for the last 5 years. This proposed rule

would remove the prohibition on the importation into the United States,

from Costa Rica, of poultry and poultry products.

DATES: Consideration will be given only to comments received on or

before March 3, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 96-077-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 96-077-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff

Veterinarian, Animal Program, National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228, (301)

734-5034.

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 into

the United States of various animal diseases, including exotic

Newcastle disease (END). END is a contagious, infectious, and

communicable disease of poultry.

Section 94.6(a)(1) of the regulations provides that END exists in

all countries of the world except those listed in Sec. 94.6(a)(2),

which have been declared to be free of END. We will consider declaring

a country to be free of END if there have been no reported cases of the

disease in that country for at least the previous 1-year period and no

vaccinations for END have been administered to poultry in that country

for at least the previous 1-year period.

There has been no documented case of END in Costa Rica for the last

5 years, based on morbidity and mortality reports provided by the

industry and the government of Costa Rica, on clinical reports from the

field, and on the lack of any typical lesions noted on necropsies.

Based on these considerations, the government of Costa Rica has

requested that the U.S. Department of Agriculture (USDA) declare Costa

Rica free of END.

The Animal and Plant Health Inspection Service (APHIS) reviewed the

documentation submitted by the government of Costa Rica in support of

its request, and a team of APHIS officials traveled to Costa Rica in

1994 to conduct an on-site evaluation of the country's animal health

program with regard to the END situation in Costa Rica. The evaluation

consisted of a review of Costa Rica's official veterinary services,

laboratory and diagnostic procedures, vaccination practices, and

administration of laws and regulations intended to prevent the

introduction of END into Costa Rica through the importation of animals,

meat, or animal products. The results of this on-site visit, and

subsequent evaluation, allows APHIS officials to conclude that Costa

Rica is free of END.

Therefore, based on the information discussed above, we are

proposing to amend Sec. 94.6(a)(2) by adding Costa Rica to the list of

countries declared to be free of END. This proposed action would remove

the prohibition on the importation, from Costa Rica, of poultry and

poultry products.

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 process required by Executive Order 12866.

This proposed rule, if adopted, would amend the regulations in 9

CFR part 94 by adding Costa Rica to the list of countries declared to

be free of END. This action would remove the prohibition on the

importation into the United States, from Costa Rica, of poultry and

fresh, chilled, and frozen meat of poultry, although those importations

would be subject to certain restrictions. Based on available

information, the Department does not anticipate a major increase in

exports of poultry or poultry products from Costa Rica into the United

States as a result of this proposed rule.

The commercial chicken industry in Costa Rica is very small

relative to the industry in the United States. Costa Rica has about two

million mature multipliers (those birds producing other birds for human

consumption). By comparison, there are nearly 120 million multiplier

hens and pullets of laying age in the United States. We do not expect

any movement from Costa Rica into the United States of live chickens,

chicks, or hatching eggs. These products are used for genetic stock,

and, as Costa Rica imports most of its genetic stock (much of it from

the United States), it would not be economically feasible for them to

produce genetic stock for export.

We also do not expect a significant change in the importation of

poultry products from Costa Rica as a result of this proposed rule. We

expect that any poultry product imports would most likely be chicken

meat. Costa Rica produced 60,424 metric tons of chicken meat in 1995,

while the United States produced 11.5 million metric tons of chicken

meat in the same year. Before any poultry meat could be imported into

the United States from Costa Rica, the packing facilities in Costa Rica

would require the approval of the Food Safety and Inspection Service

(FSIS), USDA. Further, it is unlikely that Costa Rica would or could

direct a significant portion of its chicken meat production

[[Page 69052]]

exclusively to the United States. Even if Costa Rica were to export all

of its chicken meat production to the United States, however, that

amount would represent less than one percent of U.S. production.

Therefore, declaring Costa Rica free of END should not lead to a

significant change in the importation of chicken meat into the United

States. Thus, this proposed rule is expected to have no more than a

minimal impact on domestic producers of poultry products, whether small

or large.

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 1980

(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.

Accordingly, 9 CFR part 94 would be amended as follows:

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

1. The authority citation for part 94 would continue to read as

follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.

1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and

371.2(d).

Sec. 94.6 [Amended]

2. In Sec. 94.6, paragraph (a)(2) would be amended by adding

``Costa Rica,'' immediately after ``Chile,''.

Done in Washington, DC, this 20th day of December 1996.

A. Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-33118 Filed 12-30-96; 8:45 am]

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