[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13291]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 93-173-2]

 

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: Final rule.

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SUMMARY: We are declaring Austria free of rinderpest, foot-and-mouth 
disease, and swine vesicular disease. As part of this action, we are 
adding 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 are also adding Austria to the 
list of countries from which the importation into the United States of 
llamas and alpacas is restricted. This rule removes the prohibition on 
the importation into the United States, from Austria, of ruminants and 
fresh, chilled, and frozen meat of ruminants, although those 
importations are still subject to certain restrictions. This rule also 
relieves restrictions on the importation, from Austria, of milk and 
milk products of ruminants.

EFFECTIVE DATE: June 16, 1994.

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.
    On March 2, 1994, we published in the Federal Register (59 FR 9941-
9944, Docket No. 93-173-1) a proposal to amend the regulations by 
adding Austria to the list in Sec. 94.1(a)(2) of countries declared 
free of rinderpest and FMD and to the list in Sec. 94.1(d) of countries 
from which the importation into the United States of llamas and alpacas 
is restricted. In that document, we also proposed to add Austria to the 
list in Sec. 94.11(a) of countries that, although declared free of 
rinderpest, FMD, and SVD, are subject to special restrictions on the 
importation of their meat and other animal products into the United 
States. We further proposed to add Austria to the list in Sec. 94.12(a) 
of countries that have been declared to be free of SVD. We also 
proposed to make several nonsubstantive editorial changes in the 
regulations.
    We solicited comments concerning our proposal for a 60-day period 
ending on May 2, 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 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 Austria, of 
ruminants and fresh, chilled, and frozen meat from ruminants and 
relieves restrictions on the importation, from Austria, 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 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 final rule amends 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 removes the 
prohibition on the importation into the United States, from Austria, of 
ruminants and fresh, chilled, and frozen meat of ruminants, although 
those importations will remain subject to certain restrictions. This 
revision also relieves 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 final 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 will 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 exports 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 will 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 
final 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 
restrictions we are removing 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 final rule removes certain restrictions on the 
importation of bovine semen and cattle embryos from Austria, the 
economic effect of this 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 
will be interested in importing bovine semen or cattle embryos from 
Austria, the amount of each that might be imported will 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 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:

 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) is amended by adding ``Austria,'' 
immediately after ``Australia,''.
    3. In Sec. 94.1, paragraph (d)(1) is 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 is amended by 
adding ``Austria,'' immediately before ``The Bahamas,''.


Sec. 94.12  [Amended]

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


Sec. 94.13  [Amended]

    6. In Sec. 94.13, in the introductory text, the first sentence is 
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 25th day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-13291 Filed 5-31-94; 8:45 am]
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