Change in Disease Status of Northern Ireland and Norway Because of Exotic Newcastle Disease

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-021-1]

Change in Disease Status of Northern Ireland and Norway Because

of Exotic Newcastle Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations by removing Northern Ireland

and Norway from the list of countries that are considered to be free of

exotic Newcastle disease. We are taking this action based on reports we

have received from the Office International des Epizooties and the

Governments of Northern Ireland and Norway, which confirm that

outbreaks of exotic Newcastle disease have occurred in Northern Ireland

and Norway. This action restricts the importation of live birds,

poultry, and poultry products into the United States from Northern

Ireland and Norway.

DATES: Interim rule effective April 15, 1997. Consideration will be

given only to comments received on or before June 17, 1997.

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

Docket No. 97-021-1, 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. 97-021-1. 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. John Cougill, Staff Veterinarian,

Animal Products Program, National Center for Import and Export, VS,

APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-

3399; or e-mail: [email protected].

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 birds and 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.

The Office International des Epizooties (OIE) and the Governments

of Northern Ireland and Norway have sent the Animal and Plant Health

Inspection Service (APHIS) reports that outbreaks of exotic Newcastle

disease have occurred in Northern Ireland and Norway. After reviewing

the reports submitted by OIE and the Governments of Northern Ireland

and Norway, APHIS has determined to remove Northern Ireland and Norway

from the list of countries free of END.

Therefore, we are amending Sec. 94.6(a)(2) by removing Northern

Ireland and Norway from the list of countries declared to be free of

END. This action prohibits the importation of live birds and poultry

and restricts the importation into the United States of carcasses and

products of poultry, game birds, and other birds from Northern Ireland

and Norway. However, under the regulations in Sec. 92.209(a)(2),

hatching eggs from poultry are allowed to be imported into the United

States from countries with END under certain conditions, including

being quarantined from the time of arrival at the United States port of

entry until not less than 30 days after they hatch.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is necessary to prevent the introduction of END into

the United States.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 60 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

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

process required by Executive Order 12866.

This interim rule restricts the importation of live birds, game

birds, poultry, and their products into the United States from Northern

Ireland and Norway. We are taking this action in response to reports

that END outbreaks have occurred in those two countries. If END were

introduced into the United States, the disease could have severe

economic consequences for poultry consumers and producers, and the

government.

The United Kingdom, which includes Northern Ireland,1 is not a

significant source of U.S. poultry imports. During the first 11 months

of 1996, the United Kingdom accounted for less than 2 percent of the

total U.S. imports of poultry. The United Kingdom's principal poultry

export to the United States is hatching eggs; however, importations of

hatching eggs from Great Britain (England, Scotland, Wales, and the

Isle of Man), will not be affected by the rule change. Importations of

poultry hatching eggs from Northern Ireland will have to meet the

quarantine and other requirements of Sec. 92.209. Given the relatively

small contribution to the U.S. poultry supply by the United Kingdom as

a whole, even the complete loss of Northern Ireland's imports should

have no significant effect on small entities in the United States.

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1 Trade data for Northern Ireland as a separate entity

from the United Kingdom is not available. Northern Ireland is

included in trade data for the United Kingdom.

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The United States imports virtually no poultry or poultry products

from Norway. During the first 11 months of 1996, the only poultry

product imported from Norway was 0.1 metric ton of chicken liver. Also

during the first 11 months of 1996, there were no live poultry imports

at all from Norway. Because Norway is not a significant source of

poultry or poultry products for the United States, the loss of Norway's

imports should have no significant effect on small entities in 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.

[[Page 19033]]

Executive Order 12988

This 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.

Accordingly, 9 CFR part 94 is 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 IMPORTATION

1. The authority citation for part 94 continues 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) is amended by removing the words

``Northern Ireland, Norway,''.

Done in Washington, DC, this 15th day of April 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-10101 Filed 4-17-97; 8:45 am]

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