[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Rules and Regulations]
[Pages 51769-51771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25503]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 194 / Friday, October 4, 1996 / Rules 
and Regulations  

[[Page 51769]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service, USDA.

9 CFR Part 94

[Docket No. 96-027-2]


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: Final rule.

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SUMMARY: We are declaring the Czech Republic and Italy free of 
rinderpest and foot-and-mouth disease and adding 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 rule removes 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 relieves 
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 
continues to be restricted.

EFFECTIVE DATE: October 21, 1996.

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.
    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.
    On July 9, 1996, we published in the Federal Register (61 FR 35987-
35990, Docket No. 96-027-1) a proposal to amend the regulations by 
adding the Czech Republic and Italy to the list in Sec. 94.1(a)(2) of 
countries declared free of rinderpest and FMD and to the list in 
Sec. 94.11(a) of countries that are declared free of rinderpest and FMD 
but that are subject to special restrictions on the importation of 
their meat and other animal products into the United States. The 
proposal 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, from these two countries, of milk and 
milk products from ruminants.
    We solicited comments concerning our proposal for 60 days ending 
September 9, 1996. 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 the Czech 
Republic and Italy, of live ruminants and fresh, chilled, or frozen 
meat from ruminants and relieves restrictions on the importation, from 
these two countries, of milk and milk products from ruminants. We have 
determined that approximately 2 weeks are needed to ensure that the 
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 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 rule alters 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 has determined 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 continue to be restricted under this rule. 
The rule does 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.

[[Page 51770]]

    We anticipate that the quantity of imports of live cattle, sheep, 
and goats from the Czech Republic and Italy into the United States will 
be minimally affected by the rule. Live cattle imports will 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 
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 rule are 
likely to be negligible. Therefore, the impact on small domestic 
farmers of cattle, sheep, and goats is likely to 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 will 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 rule, given that 
restrictions 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 rule on domestic prices or supplies is likely to be 
negligible, and thus the impact on small domestic producers will be 
minimal.
    We also anticipate that the effect of the rule on the importation 
of dairy products from the Czech Republic and Italy will 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 will be unaffected by the 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 will increase significantly due to 
this rule. For these reasons and given the fact that restrictions will 
remain in place, it is unlikely that the rule will 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 rule on importers of embryos, semen, other 
genetic material, or breeding animals is also likely to be minimal. We 
anticipate that, after the rule becomes effective, 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 will 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 is likely to 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 will likely have a negligible impact on domestic 
small entities. Imports from the Czech Republic and Italy of ruminants 
and ruminant products 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 will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, 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 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 final rule have been 
approved by the Office of Management and Budget (OMB). The

[[Page 51771]]

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 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).


Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) is 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) is 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 30th day of September 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-25503 Filed 10-3-96; 8:45 am]
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