[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4727]


[[Page Unknown]]

[Federal Register: March 2, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 93-173-1]

 

Change in Disease Status of Austria Because of Rinderpest, Foot-
and-Mouth Disease, and Swine Vesicular Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Austria free of rinderpest, foot-
and-mouth disease, and swine vesicular disease. As part of this 
proposed action, we would add Austria to the lists of countries that, 
although declared free of rinderpest, foot-and-mouth disease, and swine 
vesicular disease, are subject to restrictions on meat and other animal 
products offered for importation into the United States. We would also 
add Austria to the list of countries from which the importation into 
the United States of llamas and alpacas is restricted. Declaring 
Austria free of rinderpest, foot-and-mouth disease, and swine vesicular 
disease appears to be appropriate because the last outbreak of 
rinderpest in Europe occurred prior to 1921, there have been no 
outbreaks of foot-and-mouth disease in Austria since 1981, and there 
have been no outbreaks of swine vesicular disease since 1979. This 
proposed rule would remove the prohibition on the importation into the 
United States, from Austria, of ruminants and fresh, chilled, and 
frozen meat of ruminants, although those importations would be subject 
to certain restrictions. This proposed rule would also relieve 
restrictions on the importation, from Austria, of milk and milk 
products of ruminants.

DATES: Consideration will be given only to comments received on or 
before May 2, 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. 93-173-1. 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. Kathleen J. Akin, Senior Staff 
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 755, 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 in order to prevent the introduction into 
the United States of various animal 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 have been declared to be free of both diseases. 
Section 94.12(a) of the regulations provides that SVD is considered to 
exist in all countries of the world except those listed in 
Sec. 94.12(a), which have been declared to be free of SVD. We will 
consider declaring a country to be free of rinderpest, FMD, and SVD 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.
    The last outbreak of rinderpest in Europe occurred prior to 1921. 
There have been no outbreaks of FMD in Austria since 1981, and there 
have been no vaccinations for FMD in Austria since that 1981 outbreak. 
There have been no outbreaks of SVD since 1979. Based on these 
considerations, the government of Austria has requested that the U.S. 
Department of Agriculture (USDA) declare Austria to be free of 
rinderpest, FMD, and SVD.
    The Animal and Plant Health Inspection Service (APHIS) reviewed the 
documentation submitted by the government of Austria in support of its 
request, and a team of APHIS officials traveled to Austria in October 
1993 to conduct an on-site evaluation of the country's animal health 
program with regard to the rinderpest, FMD, and SVD situation in 
Austria. The evaluation consisted of a review of Austria's veterinary 
services, laboratory and diagnostic procedures, vaccination practices, 
and administration of laws and regulations intended to prevent the 
introduction of rinderpest, FMD, and SVD into Austria through the 
importation of animals, meat, or animal products. The APHIS officials 
conducting the on-site evaluation concluded that Austria is free of 
rinderpest, FMD, and SVD. (Details concerning the on-site evaluation 
are available, upon written request, from the person listed under FOR 
FURTHER INFORMATION CONTACT.)
    Therefore, based on the information discussed above, we are 
proposing to amend Sec. 94.1(a)(2) by adding Austria to the list of 
countries declared to be free of both rinderpest and FMD. We are also 
proposing to amend Sec. 94.12(a) by adding Austria to the list of 
countries declared to be free of SVD. These proposed actions would 
remove the prohibition on the importation, from Austria, of ruminants 
and fresh, chilled, and frozen meat of ruminants, and would relieve 
restrictions on the importation, from Austria, of milk and milk 
products of ruminants. However, because Austria has not been declared 
free of hog cholera, the importation into the United States, from 
Austria, of pork and pork products would continue to be restricted 
under Sec. 94.9 of the regulations, and the importation of swine from 
Austria would continue to be prohibited under Sec. 94.10. Similarly, 
for the reasons discussed below, we would make the importation of the 
meat and other animal products of ruminants or swine from Austria 
subject to the restrictions contained in Secs. 94.11 and 94.13.
    We are proposing to amend Sec. 94.11(a) by adding Austria to the 
list of countries that have been declared free of rinderpest and FMD 
but from which the importation of meat and other animal products is 
restricted. Similarly, we are proposing to amend Sec. 94.13(a) by 
adding Austria to the list of countries that have been declared free of 
SVD but from which the importation of pork and pork products is 
restricted. The countries listed in Secs. 94.11(a) and 94.13(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 or in Sec. 94.12 as infected with 
SVD; (2) have a common land border with countries designated as 
infected with rinderpest, FMD, or SVD; or (3) import ruminants or swine 
from countries designated as infected with rinderpest, FMD, or SVD 
under conditions less restrictive than would be acceptable for 
importation into the United States.
    Austria supplements its national meat supply by importing fresh, 
chilled, and frozen meat of ruminants and swine from countries 
designated in Secs. 94.1(a)(1) and 94.12(a) as countries in which 
rinderpest, FMD, or SVD exists. In addition, Austria has common land 
borders with the Czech Republic, Slovakia, Slovenia, Italy, 
Switzerland, and Liechtenstein. Those countries are designated in 
Sec. 94.1(a)(1) as countries in which rinderpest or FMD exists and, 
except for Switzerland, are also designated in Sec. 94.12(a) as 
countries where SVD exists. As a result, even though Austria appears to 
qualify for designation as a country free of rinderpest, FMD, and SVD, 
there is the potential for meat or other animal products produced in 
Austria to be commingled with the fresh, chilled, or frozen meat of 
animals from a country in which rinderpest, FMD, or SVD exists. This 
potential for commingling constitutes an undue risk of introducing 
rinderpest, FMD, or SVD into the United States.
    Therefore, we are proposing that meat and other animal products of 
ruminants or swine, as well as any ship's stores, airplane meals, or 
baggage containing such meat or other animal products, offered for 
importation into the United States from Austria be subject to the 
restrictions specified in Secs. 94.11 and 94.13 of the regulations and 
to the applicable requirements contained in the regulations of the 
USDA's Food Safety and Inspection Service at 9 CFR chapter III. 
Sections 94.11 and 94.13 generally require that the meat and other 
animal products of ruminants or swine 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 certification from a full-time salaried 
veterinary official of the national government of the exporting 
country, stating that the meat or other animal product has not been 
commingled with or exposed to meat or other animal products originating 
in, imported from, or transported through a country infected with 
rinderpest, FMD, or SVD.
    We are also proposing to add Austria to another list, this one in 
Sec. 94.1(d)(1). All countries in which rinderpest or FMD has been 
known to exist that have been declared free of rinderpest and FMD on or 
after September 28, 1990, must be added to this list. Adding Austria to 
this list would mean that no llama or alpaca could be imported or 
entered into the United States from Austria unless in accordance with 9 
CFR 92.435. We are not, however, aware of any llamas or alpacas in 
Austria that are available for export.

Miscellaneous

    In addition to the proposed changes set forth above, we would make 
several nonsubstantive editorial changes in Sec. 94.13 for the sake of 
clarity or to correct grammatical errors.

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 amend the regulations in part 
94 by adding Austria to the list of countries declared to be free of 
rinderpest and FMD and to the list of countries declared free of SVD. 
This action would remove the prohibition on the importation into the 
United States, from Austria, of ruminants and fresh, chilled, and 
frozen meat of ruminants, although those importations would be subject 
to certain restrictions. This proposed revision would also relieve 
restrictions on the importation, from Austria, of milk and milk 
products of ruminants.
    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 Austria 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, and the value of total U.S. imports of sheep in 1992 was about 
$2.0 million. The United States did not import any cattle or sheep from 
Austria during 1992. In fact, with the exception of a small number of 
cattle imported from the former Czechoslovakia, no cattle or sheep were 
imported into the United States from any country in Europe during 1992 
(USDA, Economic Research Service [ERS], ``Foreign Agricultural Trade of 
the United States: Calendar Year 1992 Supplement,'' 1992). Clearly, 
Europe is not a source of ruminants for the United States, and it is 
unlikely that declaring Austria free of rinderpest and FMD would have 
any effect on the existing trade patterns.
    Due to current APHIS restrictions, the United States does not 
import any uncooked meat or meat products from Austria. Total U.S. meat 
production in 1991 (excluding pork) was just under 10.7 million metric 
tons, while Austrian meat production in 1991 reached approximately 
230,000 metric tons, about 2 percent of the U.S. total (USDA, National 
Agricultural Statistics Service, ``Agricultural Statistics, 1992,'' 
1992). Therefore, even if Austria exported a significant portion of its 
meat production exclusively to the United States, which is unlikely, 
the effect of those exports on U.S. domestic prices or supplies would 
be negligible.
    As with the ruminants and meat products discussed above, the 
Department does not anticipate a major increase in exports of milk and 
milk products from Austria into the United States as a result of this 
proposed rule. The importation into the United States of all dairy 
products, except for casein and other caseinates, is restricted by 
quotas. Although the importation of casein into the United States is 
not regulated by quotas, world prices of casein are competitively set. 
The United States does not produce casein, but does import more than 
half of the casein produced in the world. The regulations currently 
allow casein and other caseinates to be imported into the United States 
from countries where rinderpest or FMD exists if the importer has 
applied for and obtained written permission from the Administrator. The 
United States did not import any casein from Austria in 1992 (USDA, 
ERS, ``Foreign Agricultural Trade of the United States: Calendar Year 
1992 Supplement,'' 1992). Declaring Austria free of rinderpest and FMD, 
thus removing the requirement for written permission from the 
Administrator, is not expected to have any effect on the amount of 
casein imported into the United States from Austria because the current 
restrictions do not substantially impede imports.
    The importation of bovine semen and cattle embryos from countries 
affected with rinderpest and FMD is restricted under 9 CFR part 98. 
Although this proposed rule would have the effect of removing certain 
restrictions on the importation of bovine semen and cattle embryos from 
Austria, the economic effect of this proposed rule on the bovine semen 
and cattle embryo industries is also expected to be minimal. The United 
States is a net exporter of bovine semen and cattle embryos. In 1992, 
the value of U.S. bovine semen and cattle embryo imports was $4 million 
and $195,000, respectively, while the value of U.S. bovine semen and 
cattle embryo exports was $49.3 million and $6.8 million, respectively 
(USDA, ERS, ``Foreign Agricultural Trade of the United States: Calendar 
Year 1992 Supplement,'' 1992). Although it is likely that a few U.S. 
importers would be interested in importing bovine semen or cattle 
embryos from Austria if this proposed rule is adopted, the amount of 
each that might be imported would be minimal when compared to U.S. 
domestic production.
    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, 9 CFR part 94 would be 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 would continue 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, 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 
``Austria,'' immediately after ``Australia,''.
    3. In Sec. 94.1, paragraph (d)(1) would be amended by removing 
``September 28, 1990;'' and by adding ``September 28, 1990: Austria,'' 
in its place.


Sec. 94.11  [Amended]

    4. In Sec. 94.11, paragraph (a), the first sentence would be 
amended by adding ``Austria,'' immediately before ``The Bahamas,''.


Sec. 94.12  [Amended]

    5. In Sec. 94.12, paragraph (a), the first sentence would be 
amended by adding ``Austria,'' immediately after ``Australia,''.


Sec. 94.13  [Amended]

    6. In Sec. 94.13, in the introductory text, the first sentence 
would be amended by adding ``Austria,'' immediately before ``The 
Bahamas,''; by adding a comma immediately after ``Yugoslavia''; by 
removing the words ``Sec. 94.12(a); are countries which'' and adding 
the words ``Sec. 94.12(a), are countries that'' in their place; and by 
removing the words ``or which have a common border with such countries; 
or which'' and adding the words ``have a common border with such 
countries; or'' in their place.

    Done in Washington, DC, this 23rd day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4727 Filed 3-1-94; 8:45 am]
BILLING CODE 3410-34-P