[Federal Register: July 6, 2006 (Volume 71, Number 129)]
[Rules and Regulations]
[Page 38259-38261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy06-1]
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[[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.
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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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