[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Proposed Rules]
[Pages 35987-35990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17440]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 96-027-1]
Change in Disease Status of the Czech Republic and Italy 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 the Czech Republic and Italy free
of rinderpest and foot-and-mouth disease and to add these two countries
to the list of countries that, although declared free of rinderpest and
foot-and-mouth disease, are subject to special restrictions on the
importation of their meat and other animal products into the United
States. This proposed rule would remove the prohibition on the
importation into the United States, from the Czech Republic and Italy,
of live ruminants and fresh, chilled, and frozen meat from ruminants
and would relieve restrictions on the importation of milk and milk
products from ruminants from these two countries. However, because the
Czech Republic and Italy are not declared to be free of certain
diseases of swine, including hog cholera and swine vesicular disease,
the importation from these countries of swine and fresh, chilled, and
frozen meat from swine would continue to be restricted.
DATES: Consideration will be given only to comments received on or
before September 9, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-027-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 96-027-1. 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. John Cougill, Staff Veterinarian,
Products Program, National Center for Import and Export, VS, APHIS,
4700 River Road Unit 40, Riverdale, MD 20737-1228, (301) 734-3399.
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 diseases, including rinderpest, foot-and-
mouth disease (FMD), bovine spongiform encephalopathy, African swine
fever, hog cholera, and swine vesicular disease. These are dangerous
and destructive communicable diseases of ruminants and swine.
[[Page 35988]]
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 these diseases.
We will consider declaring a country to be free of rinderpest and FMD
if, among other things, there have been no cases of these diseases
reported there 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.
Rinderpest has not existed in the Czech Republic since 1881, and
vaccination for rinderpest has never occurred in the Czech Republic.
The last diagnosed case of FMD in the Czech Republic occurred in 1974,
and the government of the Czech Republic has prohibited vaccinations
for FMD since 1991. The last case of rinderpest in Italy occurred in
1949, and Italy has never used vaccinations for rinderpest. The last
outbreak of FMD in Italy occurred in 1993, and vaccinations for FMD in
that country ceased in 1991.
The Czech Republic and Italy have individually 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 governments of the Czech
Republic and Italy in support of their requests. The documentation
supplied separately by the Czech Republic and Italy included, among
other things, information about the capability of each country's
veterinary services, laboratory and diagnostic procedures, vaccination
practices, and the administration of laws and regulations to ensure
against the introduction into the Czech Republic and Italy of
rinderpest and FMD through the importation of live animals, meats, and
animal products.
Based on the information discussed above, we believe that the Czech
Republic and Italy qualify to be designated as free of rinderpest and
FMD. Therefore, we are proposing to add the Czech Republic and Italy to
the list in Sec. 94.1(a)(2) of countries declared free of rinderpest
and FMD. This action would remove the prohibition on the importation,
from the Czech Republic and Italy, of live ruminants and fresh,
chilled, or frozen meat from ruminants and would relieve restrictions
on the importation, from these two countries, of milk and milk products
from ruminants. The importation, from the Czech Republic and Italy, of
live swine and fresh, chilled, or frozen meat from swine would continue
to be restricted under 9 CFR part 94 because these countries have not
been declared free of hog cholera and swine vesicular disease, and also
because Italy has not been declared free of African swine fever.
Special Restrictions
We also propose to add the Czech Republic and Italy 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. The countries listed in
Sec. 94.11(a) are subject to these special 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 (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.
Both the Czech Republic and Italy supplement their national meat
supplies 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. In addition, the Czech
Republic shares a common land border with Russia, and Italy shares a
common land border with Yugoslavia. Both Russia and Yugoslavia are
designated in Sec. 94.1(a)(1) as being countries in which rinderpest or
FMD exists. Furthermore, both Italy, as a member of the European Union,
and the Czech Republic import live ruminants and swine from countries
not recognized as being free of FMD under conditions less restrictive
than would be acceptable for importation into the United States. As a
result, even though we propose to designate the Czech Republic and
Italy as being free of rinderpest and FMD, the meat and other animal
products produced in these countries 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.
Therefore, we are proposing that meat and other animal products of
ruminants and swine and the ship stores, airplane meals, and baggage
containing these meat or animal products imported into the United
States from the Czech Republic and Italy be subject to the restrictions
specified in Sec. 94.11 of the regulations, in addition to other
applicable requirements of the USDA's Food Safety and Inspection
Service at 9 CFR Chapter III. Section 94.11 generally requires that the
meat and other animal products of ruminants and 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 certificate, issued by a full-time
salaried veterinary official of the national government of the
exporting country, assuring that the meat or other animal products have
not been commingled with or exposed to meat or other animal products
originating in, imported from, or transported through a country
infected with rinderpest or FMD.
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 would alter the restrictions placed upon imports
of live ruminants and meat, meat products, and dairy products derived
from ruminants from the Czech Republic and Italy. The regulations in 9
CFR part 94 describe prohibited and restricted importations due to
rinderpest, FMD, and other animal diseases. APHIS believes that the
Czech Republic and Italy meet the criteria for being recognized as free
of rinderpest and FMD. However, because the Czech Republic and Italy
share land borders and maintain trading relationships with FMD-affected
countries, imports into the United States of live ruminants and meat,
meat products, and dairy products derived from ruminants from the Czech
Republic and Italy would still be restricted under this proposed rule.
The proposed rule would not relieve any restrictions imposed on the
importation of swine and pork products because the Czech Republic and
Italy are still considered to be affected with hog cholera and swine
vesicular disease, and Italy is also considered to be affected with
African swine fever.
We anticipate that the quantity of imports of live cattle, sheep,
and goats from the Czech Republic and Italy into the United States
would be minimally affected by the proposed rule. Live cattle imports
would still be restricted due to the trade practices of the Czech
Republic and Italy and the fact that these countries share land borders
with FMD-affected countries. In addition, the cattle industries in the
Czech Republic and Italy are small relative to the enormous domestic
market. Cattle
[[Page 35989]]
inventories for 1994 were estimated to be 2.5 million head for the
Czech Republic, 7.5 million head for Italy, and over 100 million head
for the United States. Also, of the 2.5 million cattle and calves
imported into the United States in 1994, more than 99 percent were from
Canada and Mexico.
The population of sheep and goats in the Czech Republic is also
very small relative to that of the United States (less than 2.5 percent
of the size of the U.S. population in 1993). Italy has a sheep
population that is slightly higher than that of the United States (11.7
million head in Italy and 10.9 million head in the United States in
1993). However, Italy is a strong net importer of sheep and goats
(190,556 head imported and only 1,450 exported in 1993), while the
United States is a strong net exporter of sheep and goats (28,420 head
imported and 894,100 head exported in 1993). Of the few sheep that the
United States does import, more than 99 percent are from Canada and
Mexico.
The Czech Republic exports few live ruminants to the United States.
In 1994, less than 0.0001 percent of the total value of total U.S.
imports of live ruminants were from the Czech Republic. Italy exported
no live ruminants to the United States in 1994. In fact, the United
States did not import any cattle or sheep from the European Union in
1994. Neither Eastern nor Western Europe are usual sources of live
ruminants for the United States, and any increase in ruminant
importations from the Czech Republic or Italy prompted by this proposed
rule would likely be negligible. Therefore, the impact on small
domestic farmers of cattle, sheep, and goats would likely be minimal.
Czech production of beef, veal, mutton, and goat meat in 1994 was
about 2 percent of the size of U.S. production. Italian production of
beef, veal, mutton, and goat meat in 1994 was about 1.2 million metric
tons, or about 11 percent of the U.S. production of 11.3 million metric
tons. The United States imports very little in the way of ruminant meat
and ruminant meat products from Eastern or Western Europe in general.
Moreover, more than 88 percent of the imports of ruminant meat and
ruminant meat products that come into the United States are from
Australia, Canada, and New Zealand. It is unlikely that either the
Czech Republic or Italy would be willing or able to redirect a
significant portion of its ruminant meat production for export
exclusively to the United States as a result of the proposed rule,
given that restrictions would remain in place for imports into the
United States. Even if the Czech Republic were able to redirect its
entire production of these products for export to the United States,
this production was only one-fifth the size of total U.S. imports of
these products in 1994. Moreover, Italy is a significant net importer
of beef, veal, mutton, and other products such as offal and meat
extracts. Therefore, any effect of the proposed rule on domestic prices
or supplies would likely be negligible, and thus the impact on small
domestic producers would be minimal.
We also anticipate that the effect of the proposed rule on the
importation of dairy products from the Czech Republic and Italy would
be minimal. Czech production of dairy products is small relative to
that of the United States. In 1993, Czech dairy product production was
about 5 percent of the value of U.S. production. The United States
imports little in the way of dairy products from the Czech Republic or
from Eastern Europe in general. In 1994, U.S. imports of dairy products
were valued at $963.4 million; of this total, less than 5 percent
originated in Eastern Europe and less than 0.1 percent in the Czech
Republic. The Czech Republic is a significant producer and exporter of
butter. However, butter is already exempt from the provisions of 9 CFR
part 94 and thus would be unaffected by the proposed rule. For dairy
products in general, Italy is a significant net importer and not likely
to be willing or able to redirect a significant portion of its
production exclusively to the United States, which is a significant net
exporter. Italy's major dairy export to the United States is cheese.
Because solid cheeses are already exempt from the provisions of 9 CFR
part 94, there is no reason to believe that imports of cheese would
increase significantly due to this proposal. For these reasons and
given the fact that restrictions will remain in place, it is unlikely
that the proposed rule would significantly alter imports of dairy
products into the United States. Therefore, the impact on small
domestic dairy producers should be minimal.
Any effects of the proposed rule on importers of embryos, semen,
other genetic material, or breeding animals would also likely be
minimal. We anticipate that, if the proposal is made final for the
Czech Republic and Italy, there could be an initial increase in the
volume of these products flowing into the United States to diversify
the genetic composition of domestic cattle. (In particular, there has
been a great deal of interest expressed in obtaining genetic material
of beef cattle from Italy.) However, any temporary increase in volume
would most likely be small relative to total U.S. imports of these
products. The United States is a net exporter of both bovine semen and
cattle embryos. In 1994, the value of U.S. bovine semen and cattle
embryo imports was $4.3 million and $266,000, respectively, while U.S.
exports of bovine semen and cattle embryos were valued at $7.9 million
and $6.4 million, respectively. Given this trade balance and the size
differences between the U.S. and Czech and Italian cattle industries,
the amount imported of each type of genetic material would be minimal
and have a minimal impact on small domestic cattle producers.
In conclusion, declaring the Czech Republic and Italy free of
rinderpest and FMD would likely have a negligible impact on domestic
small entities. Imports from the Czech Republic and Italy of ruminants
and ruminant products would continue to be restricted. In addition, the
U.S. markets for these products are large relative to the Czech and
Italian markets, and Italy is a net importer of most of these products.
Under these conditions, it is unlikely that either the Czech Republic
or Italy would be willing or able to redirect a significant portion of
the production of these products exclusively to the United States.
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 section 3507(d) of the Paperwork Reduction Act
of 1995 (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). 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:
[[Page 35990]]
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 and 4332; 7 CFR 2.22, 2.80, and
371.2(d).
Sec. 94.1 [Amended]
2. In Sec. 94.1, paragraph (a)(2) would be amended by adding the
words ``Czech Republic,'' immediately after the words ``Costa Rica,''
and by adding the word ``Italy,'' immediately after the word
``Ireland,''.
Sec. 94.11 [Amended]
3. In Sec. 94.11, the first sentence in paragraph (a) would be
amended by adding the words ``Czech Republic,'' immediately after the
word ``Chile,'' and by adding the word ``Italy,'' immediately after the
word ``Hungary,''.
Done in Washington, DC, this 2nd day of July 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-17440 Filed 7-8-96; 8:45 am]
BILLING CODE 3410-34-P