Change in Disease Status of Great Britain Because of Exotic Newcastle Disease

SUMMARY: We are amending the regulations by removing Great Britain 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 Great

Britain's Ministry of Agriculture, Fisheries, and Food, which confirm

that an outbreak of exotic Newcastle disease has occurred in Great

Britain. This action restricts the importation of live birds, poultry,

and poultry products into the United States from Great Britain.

DATES: Interim rule effective January 31, 1997. Consideration will be

given only to comments received on or before April 8, 1997.

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

Docket No. 97-003-1, 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. 97-003-1. 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 and no

vaccinations for END have been administered to poultry in that country

for at least the previous 1-year period.

The Office International des Epizooties (OIE) and Great Britain's

Ministry of Agriculture, Fisheries, and Food, have sent the Animal and

Plant Health Inspection Service (APHIS) reports that an outbreak of

exotic Newcastle disease has occurred in Great Britain. After reviewing

the reports submitted by OIE and Great Britain's Ministry of

Agriculture, Fisheries, and Food, APHIS has determined to remove Great

Britain from the list of countries free of END.

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

Britain 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 Great Britain.

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 if

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 action amends the regulations by removing Great Britain 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 OIE and Great Britain's Ministry of Agriculture,

Fisheries, and Food, which confirm that an outbreak of exotic Newcastle

disease has occurred in Great Britain.

This emergency situation makes compliance with section 603 and

timely compliance with section 604 of the Regulatory Flexibility Act (5

U.S.C. 603 and 604) impracticable. This rule may have a significant

economic impact on a substantial number of small entities. If we

determine this is so, then we will discuss the issues raised by section

604 of the Regulatory Flexibility Act in our Final Regulatory

Flexibility Analysis.

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.

[[Page 5742]]

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 IMPORTATIONS

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 phrase

``Great Britain (England, Scotland, Wales, and the Isle of Man),''.

Done in Washington, DC, this 31st day of January 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-3091 Filed 2-6-97; 8:45 am]

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