[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1366]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 93-159-1]

 

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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Germany free of rinderpest and 
foot-and-mouth disease. Rinderpest has not existed in Germany since 
1870 and there have been no outbreaks of foot-and-mouth disease since 
January 1988. This proposed revision would remove the prohibition on 
the importation from Germany into the United States of ruminants and 
fresh, chilled, and frozen meat from ruminants, and would relieve 
restrictions on the importation from Germany of milk and milk products 
from ruminants. This proposal, if adopted, would not relieve 
restrictions on the importation from Germany of swine and fresh, 
chilled, and frozen meat from swine, because Germany has not been 
declared free of hog cholera and swine vesicular disease.
    We are also proposing to add Germany 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 are also proposing 
to add Germany to the list of countries from which the importation into 
the United States of llamas and alpacas is restricted.

DATES: Consideration will be given only to comments received on or 
before March 21, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-159-1. 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 encouraged to call ahead on (202-690-2817) to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Elizabeth Klontz, Staff 
Veterinarian, Import-Export Products Staff, National Center for Import 
and Export, VS, APHIS, USDA, room 758A, 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.
    Section 94.1(a)(1) of the regulations provides that rinderpest or 
FMD exists in all countries of the world except those listed in 
Sec. 94.1(a)(2), which are declared to be free of both diseases. We are 
proposing to add Germany to that list.
    We will consider declaring a country to be free of rinderpest and 
FMD if there have been no reported cases of the diseases in that 
country for at least the previous 1-year period and no vaccinations for 
rinderpest or FMD have been administered to swine or ruminants in that 
country for at least the previous 1-year period. In the case of 
Germany, rinderpest has not occurred since 1870, there have been no 
outbreaks of FMD since January 1988, and vaccinations for FMD were 
discontinued in March 1991.
    Germany has applied to the U.S. Department of Agriculture (USDA) to 
be recognized as free of rinderpest and FMD. The Animal and Plant 
Health Inspection Service (APHIS) has reviewed the documentation 
submitted by the government of Germany in support of its request. In 
addition, a team of APHIS officials recently conducted an on-site 
evaluation of the animal health program in Germany in regard to the FMD 
and rinderpest situation in that country. The evaluation consisted of a 
review of the capability of Germany's veterinary services, laboratory 
and diagnostic procedures, vaccination practices, and the 
administration of laws and regulations to ensure against the 
introduction of FMD and rinderpest into Germany through the importation 
of animals, meat, animal products, and garbage. The APHIS officials 
conducting the on-site evaluation concluded that Germany is free of FMD 
and rinderpest. Details concerning the on-site evaluation are available 
upon written request from the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Based on the information discussed above, we believe that Germany 
qualifies for listing in Sec. 94.1(a)(2) of the regulations as a 
country declared free of rinderpest and FMD. This action would remove 
the prohibition on the importation from Germany of ruminants and fresh, 
chilled, and frozen meat from ruminants, and would relieve restrictions 
on the importation from Germany of milk and milk products from 
ruminants. Importations from Germany of swine and fresh, chilled, or 
frozen meat from swine would continue to be restricted under the 
regulations because Germany has not been declared free of hog cholera 
and SVD.

Special Restrictions

    We also propose to add Germany to the list in Sec. 94.11(a) of 
countries declared to be free of rinderpest and FMD that are subject to 
restrictions on the importation of their meat and other animal products 
into the United States. The countries listed in Sec. 94.11(a) are 
subject to these restrictions because they:
    1. Supplement their national meat supply by importing fresh, 
chilled, or frozen meat of ruminants or swine from countries that are 
designated in Sec. 94.1(a) as infected with rinderpest or FMD;
    2. Have a common land border with countries designated as infected 
with rinderpest or FMD; or
    3. Import ruminants or swine from countries designated as infected 
with rinderpest or FMD under conditions less restrictive than would be 
acceptable for importation into the United States.
    Germany supplements its national meat supply by the importation of 
fresh, chilled, and frozen meat of ruminants and swine from countries 
designated in Sec. 94.1(a)(1) as countries in which rinderpest or FMD 
exists. As a result, even though Germany appears to qualify for 
designation as a country free of rinderpest and FMD, the meat and other 
animal products produced in Germany may be commingled with the fresh, 
chilled, or frozen meat of animals from a country in which rinderpest 
and FMD exists, resulting in an undue risk of introducing rinderpest or 
FMD into the United States. Additionally, Germany has common land 
borders with Austria, the Czech Republic, Luxembourg, and Switzerland, 
which are designated in Sec. 94.1(a)(1) as countries in which 
rinderpest or FMD exists.
    Therefore, we are proposing that meat and other animal products of 
ruminants and swine, and ship stores, airplane meals, and baggage 
containing these meat or animal products, imported into the United 
States from Germany be subject to the restrictions specified in 
Sec. 94.11 of the regulations, in addition to other applicable 
requirements of title 9, chapter III. The restrictions placed on meat 
and meat products of ruminants and swine in Sec. 94.11 generally 
require that the meat be:
    1. Prepared in an inspected establishment that is eligible to have 
its products imported into the United States under the Federal Meat 
Inspection Act; and
    2. Accompanied by an additional certificate, issued by an animal 
health official of the national government of the country declared free 
of the disease, assuring that the meat and meat products have not been 
commingled with or exposed to meat or other meat products originating 
in, imported from, or transported through a country infected with 
rinderpest or FMD, and are otherwise handled in accordance with the 
requirements of Sec. 94.11.
    We also propose to add Germany to the list in Sec. 94.1(d)(1) of 
countries in which rinderpest or FMD has been known to exist and that 
were declared free of rinderpest and FMD on or after September 28, 
1990. All countries in which rinderpest or FMD has been known to exist 
and that were declared free of rinderpest and FMD on or after September 
28, 1990, must be added to this list. Adding Germany to this list would 
restrict the importation or entry of llamas and alpacas from Germany 
into the United States, unless in accordance with 9 CFR 92.435.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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 proposed rule, if adopted, would add Germany to the list in 
part 94 of countries declared to be free of rinderpest and FMD. This 
action would remove the prohibition on the importation into the United 
States from Germany of ruminants and fresh, chilled, and frozen meat 
from ruminants, and would relieve restrictions on the importation from 
Germany of milk and milk products from ruminants. This action would not 
relieve restrictions on the importation of live swine and fresh, 
chilled, and frozen meat of swine from Germany because Germany 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 Germany into the United States as a result of 
this proposed rule.
    The value of total U.S. imports of cattle in 1992 was $1.24 
billion; U.S. imports of sheep in 1992 totaled about $2 million. The 
United States did not import any cattle or sheep from Germany during 
1992. In fact, no cattle or sheep were imported into the United States 
from any country in Western Europe during 1992 (USDA, National 
Agricultural Statistical Service [NASS], Agricultural Statistics Board 
[ASB] ``Agricultural Statistics, 1992''). Western Europe is not a 
source of ruminants for the United States and we anticipate that any 
increase in the importation of ruminants from Germany as a result of 
this rule would 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 Germany. In 1991, total meat 
production in the United States (excluding pork) was just under 10.7 
million metric tons, while total meat production in Germany (excluding 
pork) was 2.2 million metric tons, about 20 percent of United States 
production. It is improbable that Germany would 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 would be insignificant.
    Similarly, we do not anticipate a major increase in exports of milk 
and milk products from Germany into the United States as a result of 
this proposed 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), Germany currently exports only a small amount 
of casein to the United States. For example, in 1992, the United States 
imported 95,000 metric tons of casein worldwide, but only about 2,400 
metric tons (2.53 percent of worldwide imports) from Germany. 
Consequently, we believe that declaring Germany free of rinderpest and 
FMD will have no significant effect on the amount of casein imported 
into the United States.
    The effect of declaring Germany free of rinderpest and FMD on the 
trade in bovine embryos and semen would 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 to $46.5 million and 
10.2 million, respectively, while imports amounted to only $2.7 million 
and $89,159, respectively. Though similar trade data was not available 
for Germany, we believe that due to the relatively small size of the 
German market, any increase in the export of bovine embryos and semen 
from Germany would have a minimal impact on the United States market.
    It is not likely that many United States importers, all of whom are 
considered small entities by Small Business Administration standards 
(defined as having fewer than 100 employees), would be interested in 
importing bovine embryos and semen from Germany. APHIS expects that the 
value of any imports would 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 would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted:
    (1) All State and local laws and regulations that are inconsistent 
with this rule will be preempted;
    (2) No retroactive effect will be given to this rule; and
    (3) Administrative proceedings will not be required 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 proposed rule have been 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, we propose to amend 9 CFR part 94 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 would be revised 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. In Sec. 94.1, paragraph (a)(2) would be amended by adding 
``Germany,'' immediately after ``France,''.
    3. In Sec. 94.1, paragraph (d)(1) would be amended by adding 
``Germany,'' immediately after ``France,''.


Sec. 94.11  [Amended]

    4. In Sec. 94.11, paragraph (a), the first sentence would be 
amended by adding ``Germany,'' immediately after ``France,''.

    Done in Washington, DC, this 13th day of January 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-1366 Filed 1-19-94; 8:45 am]
BILLING CODE 3410-34-P