[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9905]


  Federal Register / Vol. 59, No. 79 / Monday, April 25, 1994 /
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[[Page Unknown]]

[Federal Register: April 25, 1994]


                                                    VOL. 59, NO. 79

                                             Monday, April 25, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 93-159-2]

 

Change in Disease Status of Germany 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 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 revision will remove the prohibition on the importation from 
Germany into the United States of ruminants and fresh, chilled, and 
frozen meat from ruminants, and will relieve restrictions on the 
importation from Germany of milk and milk products from ruminants. This 
final rule does 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 adding Germany to the 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 adding Germany to the list 
of countries from which the importation into the United States of 
llamas and alpacas is restricted.

EFFECTIVE DATE: May 10, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Elizabeth Klontz, Staff 
Veterinarian, Import-Export Products Staff, National Center for Import 
and Export, Veterinary Services, 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.
    On January 20, 1994, we published in the Federal Register (58 FR 
3029-3031, Docket No. 93-159-1) a proposal to add Germany to the list 
in Sec. 94.1(a)(2) of countries declared to be free of rinderpest and 
FMD.
    We also proposed to add Germany to the list in Sec. 94.11(a) of 
countries declared free of rinderpest and FMD that are subject to 
special restrictions on the importation of their meat and other animal 
products into the United States.
    Additionally, we proposed 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 the list. Adding Germany to 
this list would prohibit the importation or entry of llamas and alpacas 
from Germany into the United States, unless in accordance with 9 CFR 
92.435.
    We solicited comments concerning our proposal for a 60-day comment 
period ending March 21, 1994. We did not receive any comments. The 
facts presented in the proposed rule still provide the basis for this 
final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule.

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 Germany, of 
ruminants and fresh, chilled, and frozen meat from ruminants and 
relieves restrictions on the importation from Germany 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.
    This rule adds Germany 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 Germany of ruminants and 
fresh, chilled, and frozen meat from ruminants, and relieves 
restrictions on the importation from Germany 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 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 rule.
    The value of total U.S. imports of cattle in 1992 was $1.24 
billion; U.S. imports of sheep in 1992 totalled 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.
    Similarily, 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 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), will be interested in 
importing bovine embryos and semen from Germany. APHIS expects that the 
value of any imports will 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 final 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 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, 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 19th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-9905 Filed 4-22-94; 8:45 am]
BILLING CODE 3410-34-P