[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