[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-995]


[[Page Unknown]]

[Federal Register: January 14, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 93-103-3]

 

Change in Disease Status of Belgium Because of Rinderpest and 
Foot-and-Mouth Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Belgium free of rinderpest and foot-and-mouth 
disease. Rinderpest has not existed in Belgium since 1920 and there 
have been no outbreaks of foot-and-mouth disease since 1976. This 
action removes the prohibition on the importation from Belgium into the 
United States of ruminants and fresh, chilled, and frozen meat from 
ruminants, and relieves restrictions on the importation from Belgium of 
milk and milk products from ruminants. This action does not relieve 
restrictions on the importation from Belgium of swine and fresh, 
chilled, and frozen meat from swine, because Belgium has not been 
declared free of hog cholera and swine vesicular disease.
    We also are adding Belgium to a list of countries that, although 
declared free of rinderpest and foot-and-mouth disease, are subject to 
restrictions on the importation of their meat and other animal products 
into the United States. Finally, we also are adding Belgium to the list 
of countries from which the importation into the United States of 
llamas and alpacas is restricted.

EFFECTIVE DATE: January 31, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Marolo Garcia, Senior Staff 
Veterinarian, National Center for Import-Export, Veterinary Services, 
APHIS, USDA, room 757, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, (301) 436-7830.

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 to prevent the introduction into 
the United States of various diseases, including rinderpest, foot-and-
mouth disease (FMD), bovine spongiform encephalopathy, African swine 
fever, hog cholera, and swine vesicular disease (SVD). These are 
dangerous and destructive communicable diseases of ruminants and swine.
    On September 13, 1993, we published in the Federal Register (58 FR 
47834-47836, Docket No. 93-103-1) a proposal to amend the regulations 
by adding Belgium to the list in Sec. 94.1(a)(2) of countries that are 
declared to be free of rinderpest and FMD.
    We solicited comments concerning our proposal for a 30-day period 
ending on October 13, 1993. During that period, we received one comment 
from a national dairy association requesting that we reopen and extend 
the comment period so that its members would have ample time to prepare 
and submit comments. In response, on October 28, 1993, we published in 
the Federal Register (58 FR 57971-57972, Docket No. 93-103-2) a 
document reopening and extending the comment period until November 29, 
1993. We considered all comments received following the date of 
publication of the proposed rule and on or before the new comment 
period closing date. We received only one comment by the new comment 
period closing date, from a national dairy cattle breed association, 
which fully supported our proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule removes the 
prohibition on the importation into the United States, from Belgium, of 
ruminants and fresh, chilled, and frozen meat from ruminants and 
relieves restrictions on the importation, from Belgium, of milk and 
milk products from ruminants. We have determined that approximately 2 
weeks are needed to ensure that Animal and Plant Health Inspection 
Service personnel at ports of entry receive official notice of this 
change in the regulations. Therefore, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this rule 
should be made effective 15 days after publication in the Federal 
Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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.
    We are adding Belgium to the list in part 94 of countries declared 
to be free of rinderpest and FMD. This action removes the prohibition 
on the importation into the United States, from Belgium, of ruminants 
and fresh, chilled, and frozen meat from ruminants, and relieves 
restrictions on the importation, from Belgium, of milk and milk 
products from ruminants. This action does not relieve restrictions on 
the importation of live swine and fresh, chilled, and frozen meat of 
swine from Belgium because Belgium is still considered to be affected 
with hog cholera and SVD.
    Based on available information, the Department does not anticipate 
a major increase in exports of ruminants and fresh, chilled, or frozen 
meat of ruminants from Belgium into the United States as a result of 
this rule.
    The value of total U.S. imports of cattle in 1991 was $951.6 
million, and the value of total U.S. imports of sheep in 1991 was about 
$1.6 million. The United States did not import any cattle or sheep from 
Belgium during 1991. In fact, no cattle or sheep were imported into the 
United States from any country in Western Europe during 1991 (USDA, 
Economic Research Service (ERS), ``Foreign Agricultural Trade of the 
United States: Calendar Year 1991 Supplement,'' 1992). Western Europe 
is not a source of ruminants for the United States; any increase in the 
import of ruminants from Belgium as a result of this rule will have a 
negligible impact on existing trade patterns.
    Currently, due to APHIS restrictions, the United States does not 
import uncooked meat or meat products from Belgium. In 1991, total meat 
production in the United States (excluding pork) was just under 10.7 
million metric tons, while total meat production in Belgium (excluding 
pork) was 385,000 metric tons, less than four percent of United States 
production. It is improbable that Belgium will begin to export any 
significant portion of its meat products to the United States as a 
result of this rule. Therefore, we estimate that the effect of this 
rule on domestic meat prices or supplies will be insignificant.
    Similarly, we do not anticipate a major increase in exports of milk 
and milk products from Belgium into the United States as a result of 
this rule. Importation into the United States of all dairy products, 
except for casein and other caseinates, is restricted by quotas. 
Furthermore, while the United States imports more than half of the 
casein produced in the world and the regulations allow casein and other 
caseinates to be imported from countries where rinderpest or FMD exists 
(if the importer has applied for and obtained written permission from 
the Administrator), Belgium does not currently export casein to the 
United States. Consequently, we believe that declaring Belgium free of 
rinderpest and FMD will have no significant effect on the amount of 
casein imported into the United States.
    The effect of declaring Belgium free of rinderpest and FMD on the 
trade in bovine embryos and semen will probably also be minimal. The 
United States is a net exporter of bovine embryos and semen; in 1991, 
the value of bovine embryo and semen exports totalled $46.5 million and 
$10.2 million, respectively, while imports amounted to only $2.7 
million and $89,000, respectively. Though similar trade data was not 
available for Belgium, we believe that due to the relatively small size 
of the Belgium market, any increase in the export of bovine embryos and 
semen from Belgium will have a minimal impact on the United States 
market.
    Five United States importers, all of whom are considered small 
entities by Small Business Administration standards (they have fewer 
than 100 employees), have expressed interest in importing bovine 
embryos and semen from Belgium. APHIS expects the value of the 
anticipated imports to be minimal in comparison to the domestic 
production of these entities.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been submitted and approved by the Office of 
Management and Budget (OMB), and there are no new requirements. The 
assigned OMB control number is 0579-0015.

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), VELOGENIC VISCEROTROPIC 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, and 134f, 136, and 
136a; 31 U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 
371.2(d).


Sec. 94.1  [Amended]

    2. Section 94.1, paragraph (a)(2), is amended by adding 
``Belgium,'' immediately after ``Barbados,''.
    3. Section 94.1, paragraph (d)(1), is amended by adding 
``Belgium,'' immediately before ``Chile,''.


Sec. 94.11  [Amended]

    4. In Sec. 94.11, paragraph (a), the first sentence is amended by 
adding ``Belgium,'' immediately after ``The Bahamas,''.

    Done in Washington, DC, this 10th day of January 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-995 Filed 1-13-94; 8:45 am]
BILLING CODE 3410-34-P