[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Rules and Regulations]
[Page 4810-4813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja06-4]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 04-083-3]
Add Argentina to the List of Regions Considered 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 by adding Argentina to the
list of regions considered free of exotic Newcastle disease. We have
conducted a risk evaluation and have determined that Argentina has met
our requirements for being recognized as free of this disease. This
action eliminates certain restrictions on the importation into the
United States of poultry and poultry products from Argentina. We are
also adding Argentina to the list of regions that, although declared
free of exotic Newcastle disease, must provide an additional
certification to confirm that any poultry or poultry products offered
for importation into the United States originate in a region free of
exotic Newcastle disease and that, prior to importation into the United
States, such poultry or poultry products were not commingled with
poultry or poultry products from regions where exotic Newcastle disease
exists.
DATES: Effective Date: March 1, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. David Nixon, Senior Staff
Veterinarian, Regionalization Evaluation Services,
[[Page 4811]]
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 into the United States of specified
animals and animal products in order to prevent the introduction of
various animal diseases, including exotic Newcastle disease (END). END
is a contagious, infectious, and communicable disease of birds and
poultry. Section 94.6 of the regulations provides that END is
considered to exist in all regions of the world except those listed in
Sec. 94.6(a)(2), which are considered to be free of END.
The Government of Argentina requested that APHIS evaluate
Argentina's animal health status with respect to END 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.''
On August 23, 2005, we published in the Federal Register (70 FR
49200-49207, Docket No. 04-083-1) a proposal to amend the regulations
by adding Argentina to the list of regions considered free of END. We
also proposed to add Argentina to the list of regions that, although
declared free of END, must provide an additional certification to
confirm that any poultry or poultry products offered for importation
into the United States originate in a region free of END and that,
prior to importation into the United States, such poultry or poultry
products were not commingled with poultry or poultry products from
regions where END exists. On September 8, 2005, we published a document
in which we corrected an Internet address and Web site navigation
instructions that had been provided in the proposed rule (see 70 FR
53313, Docket No. 04-083-2).
We solicited comments concerning our proposal for 60 days ending
October 24, 2005. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
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.
Under the regulations in 9 CFR part 94, the importation into the
United States of poultry and poultry products that originate in or
transit any region where END exists is generally prohibited.
Furthermore, even if a region is considered free of END, the
importation of poultry and poultry products from that region may be
restricted depending on the region's proximity to or trading
relationships with countries or regions where END is present.
This rule amends the regulations by adding Argentina to the list of
regions considered free of END. However, since Argentina shares borders
with regions that the United States does not recognize as free of END,
we are also requiring Argentina to meet additional certification
requirements for live poultry and poultry products imported into the
United States to ensure that the imports are free from END.
Over the past several years, Argentina's poultry industry has
increased substantially as shown in table 1. Although Argentina exports
eggs, which typically are destined to Denmark, the main export for
Argentina is poultry meat. Argentina exports poultry meat and products
to 34 countries, with Chile expected to be the largest importer. In
2003, Argentina exported $22 million of poultry meat including whole
broilers (36 percent), chicken paws (30 percent), processed meat from
layers (5 percent), and other products and byproducts such as wings,
nuggets, burgers, offal, and breasts (29 percent). Exports for poultry
meat in 2004 are projected at 70,000 tons, almost twice the amount
exported in 2003. In 2005, exports are projected to reach 110,000
metric tons.
Table 1.--Poultry Exports, Imports, and Production in Argentina
[In metric tons]
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Poultry Poultry Poultry
Year imports exports production
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1998............................................................ 65,215 18,936 930,247
1999............................................................ 55,608 17,097 982,860
2000............................................................ 45,683 19,187 1,000,260
2001............................................................ 26,661 21,243 993,122
2002............................................................ 1,196 30,501 972,870
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Source: FAOSTAT Argentina Poultry, last accessed November 2004.
In 2003, poultry production in the United States totaled 38.5
billion pounds for a total value of $23.3 billion. Broiler meat
accounted for $15.2 billion (65 percent) of this value in 2003. The
remaining worth was comprised of the value of eggs ($5.3 billion),
turkey ($2.7 billion), and other chicken products ($48 million). The
United States is also the world's largest exporter of broilers, with
broiler exports totaling 4.93 billion pounds, the equivalent of $1.5
billion, in 2003. Imports of broiler products into the United States in
2003 totaled 12 million pounds, or less than 1 percent of the domestic
production.
In 2002, there were approximately 32,006 broiler and other meat
producing chicken farms in the United States, as shown in table 2.
Under the Small Business Administration's size standards, broiler and
other meat production chicken farms with less than $750,000 in annual
sales, which is the equivalent of 300,000 birds, qualify as small
businesses. Given this information, about 20,949, or 64.5 percent of
all broiler operations, qualify as small businesses.
[[Page 4812]]
Table 2.--Number of Farms Selling Broilers and Other Meat-Type Chickens, 2002
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Average sales
Number sold Farms Number per farm
(dollars)
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Broilers and other meat-type chickens..................... 32,006 8,500,313,357 $766,498
1 to 1,999............................................ 10,869 1,146,308 304
2,000 to 15,999....................................... 406 2,871,466 20,412
16,000 to 29,999...................................... 206 4,420,530 61,932
30,000 to 59,999...................................... 444 19,732,838 128,267
60,000 to 99,999...................................... 1,060 84,498,647 230,066
100,000 to 199,999.................................... 3,311 498,386,958 434,425
200,000 to 299,999.................................... 4,653 1,137,668,155 705,651
300,000 to 499,999.................................... 5,754 2,191,324,340 1,099,118
500,000 or more....................................... 5,303 4,560,264,115 2,481,853
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Source: 2002 Census of Agriculture, Table 27.
Broiler production in the United States is concentrated in a group
of States stretching from Delaware south along the Atlantic coast to
Georgia, then westward through Alabama, Mississippi, and Arkansas.
These States accounted for over 70 percent of broilers in the United
States in 2003. The top five broiler producing States are Georgia,
Arkansas, Alabama, Mississippi, and North Carolina, whose 2002 broiler
sales are listed below in table 3.
Table 3.--Number of Farms Selling Broilers in Selected States, 2002
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Total for
North top five
Number of broilers sold per farm U.S. total Alabama Arkansas Georgia Mississippi Carolina producing
States
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1 to 1,999............................................ 10,869 89 79 46 104 13 331
2,000 to 59,999....................................... 1,056 20 103 49 86 101 359
60,000 to 99,999...................................... 1,060 57 199 84 97 158 595
100,000 to 199,999.................................... 3,311 385 634 25 210 539 1,793
200,000 to 499,999.................................... 10,407 1,328 1,927 1,335 883 1,284 6,757
500,000 or more....................................... 5,303 72 578 959 548 349 2,506
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Source: 2002 Census of Agriculture State Data Table.
Poultry meat imported from Argentina could potentially affect the
United States poultry industry. Consumers will benefit from any price
decreases for poultry and poultry products, while producers will
potentially be negatively affected by more competitive prices. However,
the amount of poultry or poultry products that may be imported from
Argentina is not expected to have a significant impact on poultry
consumers or producers in the United States. In 2003, Argentina
exported a total of $22 million worth of poultry and poultry products
while the United States produced $15.2 billion worth of broilers. Given
these numbers, any exports from Argentina are not likely to be in
quantities sufficient to have a significant impact on U.S. poultry
producers, and we do not anticipate that any U.S. entities, small or
otherwise, will experience any significant economic effects as a result
of this action. It should also be noted that Argentina is not currently
eligible to export poultry products to the United States under the
regulations of the Department's Food Safety and Inspection Service in 9
CFR 381.196 for approving foreign facilities to export poultry meat and
other poultry products to the United States; there will, therefore, be
no economic effects on U.S. entities until establishments in Argentina
are approved to export poultry meat and other poultry products to 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.
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 final 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
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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]
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2. In Sec. 94.6, paragraph (a)(2) is amended by adding the word
[[Page 4813]]
``Argentina,'' before the word ``Australia,''.
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3. Section 94.26 is amended as follows:
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a. In the introductory text of the section, in the first sentence, by
removing the words ``The Mexican'' and adding the words ``Argentina and
the Mexican'' in their place.
0
b. In paragraph (a), by removing the words ``Government of Mexico'' and
adding the words ``national Government of the exporting region'' in
their place.
0
c. In paragraph (c)(1), by removing the words ``Government of Mexico''
and adding the words ``national Government of the exporting region'' in
their place.
0
d. In paragraph (c)(4), by removing the words ``Government of Mexico''
and adding the words ``national Government of the exporting region'' in
their place.
Done in Washington, DC, this 24th day of January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-840 Filed 1-27-06; 8:45 am]
BILLING CODE 3410-34-P