[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21428-21429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10745]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 94-107-2]


Switzerland; Change in Disease Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Switzerland free of rinderpest, foot-and-
mouth disease, and Exotic Newcastle disease (VVND). As part of this 
action, we are adding Switzerland to the lists of countries that, 
although declared free of rinderpest, foot-and-mouth disease, and VVND, 
are subject to restrictions on meat and other animal products offered 
for importation into the United States. This rule removes the 
prohibition on the importation of ruminants and fresh, chilled, and 
frozen meat of ruminants into the United States from Switzerland, 
although those importations will be subject to certain restrictions. 
This rule also relieves certain prohibitions and restrictions on the 
importation, from Switzerland, of milk and milk products of ruminants 
and of certain poultry and poultry products.

EFFECTIVE DATE: May 17, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Kathleen Akin, Senior Staff 
Veterinarian, Import/Export Products, National Center for Import and 
Export, VS, APHIS, Suite 3B05, 4700 River Road Unit 40, Riverdale, MD 
20737-1231, (301) 734-7830.

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), and Exotic Newcastle disease (VVND). FMD 
and rinderpest are dangerous and destructive communicable diseases of 
ruminants and swine. VVND is a contagious, infectious, and communicable 
disease of poultry.
    On February 2, 1995, we published in the Federal Register (60 FR 
6454-6456, Docket No. 94-107-1) a proposal to amend the regulations by 
adding Switzerland to the list in Sec. 94.1(a)(2) of countries declared 
free of both rinderpest and FMD and to the list in Sec. 94.6(a)(2) of 
countries declared free of VVND. In that document, we also proposed to 
add Switzerland to the list in Sec. 94.11(a) of countries that, 
although declared free of rinderpest and FMD, are subject to special 
restrictions on the importation of their meat and other animal products 
into the United States.
    We solicited comments concerning our proposal for 60 days ending 
April 3, 1995. 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 of ruminants and fresh, chilled, and 
frozen meat of ruminants into the United States from Switzerland and 
relieves restrictions on the importation from Switzerland of milk and 
milk products of ruminants and certain poultry and poultry products. 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 
Switzerland to the list of countries declared free of rinderpest and 
FMD and to the list of countries declared free of VVND. This action 
will remove the prohibition on the importation of ruminants and fresh, 
chilled, and frozen meat of ruminants into the United States from 
Switzerland, although those importations will be subject to certain 
restrictions. This revision will also relieve restrictions on the 
importation from Switzerland of milk and milk products of ruminants and 
certain poultry and poultry products. This action will not relieve 
certain restrictions on the importation of live swine and fresh, 
chilled, and frozen meat of swine from Switzerland because Switzerland 
is still considered to be affected with hog cholera. Similarly, this 
action will not relieve certain restrictions on the importation from 
Switzerland, of ruminant meat and edible products from ruminants 
because bovine spongiform encephalopathy (BSE) exists in Switzerland.
    Based on available information, the Department does not anticipate 
a major increase in exports of ruminants and fresh, chilled, or frozen 
meat of ruminants or poultry from Switzerland into the United States as 
a result of this final rule.
    The primary effects due of this change in the regulations will be 
limited to bovine meat and prepared products, since swine and swine 
products are excluded because of restrictions due to [[Page 21429]] hog 
cholera, live cattle and breeding material are excluded due to BSE, and 
there is no sheep, lamb, or goat production in Switzerland (USDA, 
National Agricultural Statistics Service (NASS), ``Agricultural 
Statistics,'' 1993). Commencement of such production is not expected 
due to the regulation change. The impact of increased beef imports 
resulting from the regulation changes will likely be minimal because 
the cattle industry in Switzerland is relatively small and high cost 
compared to the United States domestic market. Cattle inventories in 
Switzerland were estimated to be about 1.78 million head in 1993, while 
U.S. inventories were over 101 million head in 1993 (USDA, Foreign 
Agricultural Service, Switzerland's Annual Livestock Report, August 8, 
1994, and USDA, NASS, ``Agricultural Statistics,'' 1993).
    Due to current restrictions, the United States does not import any 
uncooked meat or meat products from Switzerland. Total meat production 
in the United States in 1992 was just under 18.587 million metric tons, 
while Swiss meat production in 1992 reached approximately 429,000 
metric tons, about 2.3 percent of the United States total (USDA, 
National Agricultural Statistics Service, ``Agricultural Statistics,'' 
1993). Therefore, even if Switzerland exported a significant portion of 
its meat production exclusively to the United States, which is 
unlikely, the effect of those exports on United States 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 Switzerland 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 of 
the Animal and Plant Health Inspection Service. The United States did 
not import any casein from Switzerland in 1993 (USDA, Economic Research 
Service (ERS), ``Foreign Agricultural Trade of the United States: 
Calendar Year 1993 Supplement,'' 1993). Declaring Switzerland 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 
Switzerland because the current restrictions do not substantially 
impede imports.
    Imports of poultry and poultry products into the United States from 
Switzerland in 1992 and 1993 fell into two categories: live poultry, 
and feathers and down. Total live poultry imports into the United 
States were valued at $14.4 million and $14.5 million in 1992 and 1993, 
respectively. United States live poultry imports from Switzerland were 
valued at $67 thousand and $74 thousand in 1992 and 1993, respectively, 
about 0.5 percent of the total imports. Total United States imports of 
feathers and down were valued at $84 million and $60.1 million in 1992 
and 1993, respectively. United States imports of feathers and down from 
Switzerland were valued at $1.2 million and $0.41 million in 1992 and 
1993, respectively, less than 1.5 percent of the total imports (USDA, 
ERS, ``Foreign Agricultural Trade of the United States: Calendar Year 
1993 Supplement,'' 1993). Also, Switzerland is dependent on imports for 
over 50 percent of domestic poultry consumption. Consequently, the 
changes in current regulations concerning VVND are not expected to 
result in increased exports to the United States.
    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

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

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, and 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 
``Switzerland,'' immediately after ``Sweden,''.


Sec. 94.6  [Amended]

    3. In Sec. 94.6, paragraph (a)(2) is amended by removing ``and 
Sweden'' and adding ``Sweden, and Switzerland'' in its place.


Sec. 94.11  [Amended]

    4. In Sec. 94.11, paragraph (a), the first sentence is amended by 
removing ``and Sweden,'' and adding ``Sweden, and Switzerland,'' in its 
place.

    Done in Washington, DC, this 26th day of May 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-10745 Filed 5-1-95; 8:45 am]
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