[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Proposed Rules]
[Pages 13105-13108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6837]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-059-1]


Change in Disease Status of Greece With Regard to Foot-and-Mouth 
Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to add Greece to the 
list of regions that are considered free of rinderpest and foot-and-
mouth disease. We are taking this action because we have determined 
that Greece is now free of foot-and-mouth disease. We are also 
proposing to add Greece to the list of regions that are subject to 
certain import restrictions on meat or meat products because of their 
proximity to or trading relationships with rinderpest- or foot-and-
mouth-disease-affected regions. These actions would update the disease 
status of Greece with regard to foot-and-mouth disease while continuing 
to protect the United States from an introduction of this disease by 
providing additional requirements for any meat and meat products 
imported into the United States from Greece.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by May 20, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-059-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-059-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-059-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Anne Goodman, Senior Staff 
Microbiologist, Regionalization Evaluation Services Staff, VS, APHIS, 
4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of certain animals and animal 
products into the United States in order to prevent the introduction of 
various diseases, including rinderpest, foot-and-mouth disease (FMD), 
African swine fever, hog cholera, and swine vesicular disease. These 
are dangerous and destructive communicable diseases of ruminants and 
swine. Section 94.1 lists regions of the world that are declared to be 
free of rinderpest or free of both rinderpest and FMD. The Animal and 
Plant Health Inspection Service (APHIS) considers rinderpest or FMD to 
exist in all parts of the world not listed. Section 94.11 of the 
regulations lists regions of the world that APHIS has determined to be 
free of rinderpest and FMD, but that are subject to certain 
restrictions because of their proximity to or trading relationships 
with rinderpest- or FMD-affected regions.
    Greece is currently listed in Sec. 94.1(a)(3) of the regulations as 
a region free of rinderpest. On June 25, 1999, we published in the 
Federal Register (64 FR 34155-34168, Docket No. 98-090-1) a proposal to 
amend Sec. 94.1 to recognize Greece as a region free of FMD. However, 
in July 2000, FMD was diagnosed in cattle in the Evros Prefecture in 
Greece. This and subsequent outbreaks meant that we were unable to 
declare Greece free of FMD based on that proposal.
    Since September 2000, there have been no additional outbreaks of 
FMD in Greece. APHIS representatives conducted a site visit to Greece 
in January 2001 to obtain evidence regarding the FMD status of Greece. 
Documentation of the control and eradication procedures used during the 
FMD outbreaks in Greece is provided in the site visit report, which may 
be viewed on the Internet at http://www.aphis.usda.gov/vs/reg-request.html. Briefly summarized, the disease outbreak was eradicated 
by applying a stamping out/nonvaccination policy. Controls over the 
movement of animals and animal products from regions of higher risk, 
such as along Greece's border with Turkey, were applied. In addition, 
Greece continues to conduct an established surveillance program to 
detect and control any future incursions of FMD or other diseases. 
Greece continues to work with Turkey to address risk factors associated 
with the presence of FMD in Turkey.

[[Page 13106]]

    Consistent with the guidelines of the Office International des 
Epizooties (OIE)--i.e., at least 12 months have elapsed since the last 
outbreak of FMD in Greece--and the findings of our site visit and 
review of the supporting documentation provided by Greece, we are 
proposing to recognize Greece as free of FMD. In addition, we are 
proposing to add Greece to the list of rinderpest- and FMD-free regions 
whose exports of ruminant and swine meat and meat products to the 
United States are subject to certain restrictions to ensure against the 
introduction of those diseases into this country.
    Based on the information submitted to us by the Government of 
Greece, we have reviewed and analyzed the animal health status of 
Greece relative to FMD. This review and analysis was conducted in light 
of the risk factors identified in 9 CFR 92.2, ``Application for 
recognition of the animal health status of a region,'' which are used 
to determine the level of risk associated with importing animals or 
animal products into the United States from a given region. Based on 
the information submitted to us, we have concluded the following:
    Veterinary infrastructure. The veterinary services authorities in 
Greece have the legal authority, organization, and infrastructure to 
detect, control, and eradicate FMD. The official veterinary force of 
Greece includes approximately 810 veterinarians, 70 veterinary 
laboratories, and 190 lay assistants organized under the State 
Veterinary Service. The field force is dispersed among 51 Local Disease 
Control Centers, each of which reports to the National Disease Control 
Center in Athens. In the event of an animal disease emergency, the 
State Veterinary Service has the authority to call upon police and 
local authorities to provide support and assistance in depopulating 
infected premises, disposing of animal carcasses, controlling and 
restricting animal movements, and closing markets and slaughterhouses.
    Greece's veterinary infrastructure has been strengthened by 
financial contributions from the European Union for activities relating 
to specific diseases. In the case of FMD, financial support has been 
provided for diagnostic laboratory equipment, data management 
equipment, and surveillance activities.
    Disease history and surveillance. The first outbreak of FMD virus 
serotype Asia 1 in Greece occurred in July 2000, and the last in 
September 2000. A total of 14 FMD outbreaks occurred in 6 
epidemiological episodes. There were three primary outbreaks in the 
Prefecture of Evros. The remaining outbreaks were secondary, caused by 
spread from the primary outbreaks. The virus is believed to have come 
from Turkey, an FMD-affected country with which Greece shares a border.
    Routine surveillance for targeted diseases is carried out in 
specified areas of Greece under the Epidemio-Vigilance Rotational 
System (EVROS). This program, launched in 2000 with the support of the 
European Commission, is an integrated system of active surveillance for 
incursions of targeted diseases, including FMD, designed to provide 
early warning and effective control. The program is established in the 
border areas with Turkey that are primarily at risk for incursions of 
FMD virus.
    Diagnostic capabilities. This factor was evaluated by APHIS in the 
context of the proposed rule published in 1999 and found to be 
acceptable. No significant changes have occurred since that time, so no 
further evaluation is necessary.
    Vaccination status. No vaccination was used in control of the 
outbreak of FMD virus type Asia 1 in 2000 or type O1 in 1996. 
Vaccination has not been used to control type Asia 1 in Greece since 
1961.
    Disease status of adjacent regions. Following is a brief discussion 
of the disease status of those countries with which Greece shares a 
land border:
     Turkey. FMD is endemic in the Anatolia region of Turkey 
and causes significant economic losses. The disease is being controlled 
using vaccination, quarantine, movement controls, and surveillance and 
monitoring. Turkey has increased its efforts to control FMD in recent 
years. Asia 1 and subtypes of FMD virus serotype A remain potential 
risks for Turkey, however, and also for Europe. Although Turkey should 
be considered a high-risk area regarding the transmission of the 
disease to Greece and the rest of Europe, APHIS considers existing 
controls in Greece to be sufficient to reduce the risk.
     Bulgaria. There were no outbreaks of FMD reported to the 
OIE by Bulgaria in 2000 and through June 2001.
     Macedonia. There were no outbreaks of FMD reported to the 
OIE by the Former Yugoslav Republic of Macedonia in 2000. No data are 
available for 2001.
     Albania. There were no outbreaks of FMD reported to the 
OIE by Albania in 2000. No data are available for 2001.
    Degree of separation from adjacent regions. The Evros River defines 
the border between Greece and Turkey. However, it is possible that 
persons and animals may still cross the river undetected, thus posing a 
risk of transmitting FMD from Turkey. However, Greece has the laws, 
policies, and infrastructure to detect, respond to, and eliminate any 
occurrence of FMD.
    There are several Greek islands that lie in the Aegean Sea directly 
to the south of the Evros delta off the Turkish mainland. Greece has 
special surveillance programs in effect on these islands to prevent the 
transmission of FMD from Turkey to Greece via these islands.
    Greece's borders with Bulgaria, Macedonia, and Albania are 
generally mountainous, concentrating movements in the river valleys but 
making the mountainous part of the borders more difficult to monitor. 
This is not considered to be a significant source of risk.
    Movement across borders. The movement of animals and animal 
products from non-European Union (EU) countries is regulated according 
to EU legislation. These regulations prohibit the entry of live 
susceptible animals and risky products from regions of higher risk, 
including Turkey. In general, these movements are well controlled 
through established border posts. The border between Greece and Turkey 
is well protected by military and other control points.
    Livestock demographics and marketing practices. The area where the 
outbreak occurred in 2000 is located in the Evros delta, immediately 
adjacent to the border with Turkey. The Evros delta lies entirely 
within Greek territory. The entire delta area is a wildlife sanctuary 
protected by the Ramsar Convention and thus is not inhabited. Arable 
land within the delta is cultivated with various crops, such as corn, 
alfalfa, cotton, and tobacco. The marshland along the river and the 
crop fields after harvest provide year-round pasture for cattle, sheep, 
and goats. The delta can sustain more than 5,000 cattle and 
approximately 2,000 sheep and goats. The majority of the cattle are 
free-grazing beef cattle that move freely throughout the area. All 
cattle and most sheep and goats inside the delta are individually 
identified using unique ear tags. As outlined in the EVROS program, all 
animal movements in the prefecture of Evros, including the delta area, 
are controlled via permits.
    Detection and eradication of disease. FMD has been effectively 
controlled and eradicated from Greece and is not known to exist in 
Greece at this time. Greece maintains a surveillance system capable of 
rapidly detecting FMD should the disease be introduced into the 
country, with more intense scrutiny in the Evros delta bordering 
Turkey. The animal health status of the Greek Evros

[[Page 13107]]

prefecture will continue to be closely monitored. Greece has the laws, 
policies, and infrastructure to detect, respond to, and eliminate any 
occurrence of FMD and is working closely with neighboring countries and 
EU Member States to address risk factors presented by those potential 
sources.
    These findings are described in further detail in a qualitative 
evaluation that may be obtained by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT and may be viewed on the Internet at 
http://www.aphis.usda.gov/vs/reg-request.html by following the link for 
current requests and supporting documentation. The evaluation documents 
the factors that have led us to conclude that Greece is free of FMD. 
Therefore, we are proposing to recognize Greece as free of FMD and add 
Greece to the list in Sec. 94.1(a)(2) of regions that are considered 
free of FMD and rinderpest. We would also remove Greece from the list 
in Sec. 94(a)(3) of countries that are free of rinderpest only.
    These proposed actions would relieve certain restrictions due to 
FMD and rinderpest on the importation into the United States of certain 
live animals and animal products from Greece. However, because Greece 
shares common land borders with countries not considered free of 
rinderpest and FMD, the importation of meat and other products from 
ruminants and swine into the United States from Greece would continue 
to be subject to certain restrictions.
    Specifically, we are proposing to add Greece to the list in 
Sec. 94.11(a) of regions 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 regions 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 regions that are designated 
in Sec. 94.1(a) as regions where rinderpest or FMD exists, (2) have a 
common land border with regions where rinderpest or FMD exists, or (3) 
import ruminants or swine from regions where rinderpest or FMD exists 
under conditions less restrictive than would be acceptable for 
importation into the United States.
    Greece has a common land border with Turkey, a country not 
considered free of FMD. As a result, there is some risk that the meat 
and other animal products produced by Greece could be commingled with 
the fresh (chilled or frozen) meat of animals from a region in which 
FMD exists and present an undue risk of introducing FMD into the United 
States if imported without restriction.
    Under Sec. 94.11, meat and other animal products of ruminants and 
swine, including ship stores, airplane meals, and baggage containing 
these meat or animal products, may not be imported into the United 
States except in accordance with Sec. 94.11 and the applicable 
requirements of the U.S. Department of Agriculture'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 region, 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, transported through, or that have 
otherwise been in a region where rinderpest or FMD exists.

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.
    We are proposing to amend the regulations to add Greece to the list 
of regions that are considered free of rinderpest and FMD. We are 
taking this action because we have determined that Greece is now free 
of FMD. We are also proposing to add Greece to the list of regions that 
are subject to certain restrictions because of their proximity to or 
trading relationships with rinderpest- or FMD-affected countries. These 
actions would update the disease status of Greece with regard to FMD 
while continuing to protect the United States from an introduction of 
rinderpest and FMD by providing additional requirements for any meat 
and meat products imported into the United States from Greece.
    The following analysis addresses the potential economic effects of 
this proposed rule as required by the Regulatory Flexibility Act.
    From an economic standpoint, the proposed rule would have little or 
no impact on U.S. animal stock and commodities. There are two reasons. 
First, the proposed rule would not remove other disease-based 
restrictions on the importation of ruminants or swine (and certain meat 
and other products from those animals) from Greece into the United 
States. Because bovine spongiform encephalopathy is considered to exist 
in Greece, the importation of ruminants and meat, meat products, and 
certain other products of ruminants that have been in Greece is 
prohibited. Furthermore, because hog cholera (also known as classical 
swine fever) and swine vesicular disease are also considered to exist 
in Greece, the importation of swine from that region into the United 
States is prohibited, and the importation of pork and pork products is 
subject to restrictions.
    Second, it appears unlikely that the volume of animals and animal 
products that would be eligible for importation into the United States 
from Greece would be sufficient to have a significant impact on the 
U.S. market. In 2000, Greece produced 287,765 metric tons of beef, 
veal, mutton, lamb, and pig meat, representing less than 1.5 percent of 
the comparable U.S. production that year. Similarly, Greece's 
production of whole, fresh cow milk was 770,000 metric tons, only 1 
percent of the comparable U.S. production during that period. Finally, 
in 1999, live cattle and pig stock in Greece was 1,510,000 head, less 
than 1 percent of the comparable stock in the United States that 
year.\1\
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    \1\ Food and Agricultural Organization of the United Nations.
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    Besides cow milk, Greece also produces sheep and goat milk. In 
2000, Greece produced 670,000 metric tons of sheep milk and 450,000 
metric tons of goat milk. However, there appears to be no significant 
market in the United States for those commodities, or products made 
from them, such as cheese, as evidenced by the fact that no sheep or 
goat milk or cheese is commercially produced in the United States, and 
U.S. imports of those commodities are relatively minor. In 1999, for 
example, U.S. imports of cheese made from sheep and goat milk from all 
countries totaled 32,505 metric tons, less than 1 percent of the total 
U.S. cheese production.
    In 1999, the stock of live sheep and goats in Greece was 14,276,000 
head, or 66 percent more than the comparable stock in the United States 
that year. Here again, however, there appears to be no significant 
market in the United States for those animals, as evidenced by the fact 
that the United States imported only 53,165 live sheep and goats from 
all countries in 1999, which represents less than 1 percent of the 
sheep and goat stock in the United States that year and less than 1 
percent

[[Page 13108]]

of U.S. imports of all live animals from all countries in 1999.\2\
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    \2\ Food and Agricultural Organization of the United Nations.
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    Entities potentially affected by this proposed rule include U.S. 
import brokers, agents, and others involved in the sale of animals or 
animal products from Greece that would no longer be prohibited, or that 
could be imported under less restrictive conditions, if Greece is 
declared free of FMD. The number and size of entities that might be 
directly involved in the importation and sale of such animals or animal 
products from Greece is unknown, but it is likely that these entities 
would be small, based on the U.S. Small Business Administration's (SBA) 
size standards.\3\ Given the disease-based restrictions discussed 
previously that would remain in place and the minimal level of U.S. 
imports of animals and animal products that would be eligible for 
importation from Greece, we expect that declaring Greece free of FMD 
would have only a negligible effect on U.S. entities, large or small.
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    \3\ The overwhelming majority of U.S. business entities are 
small under the SBA's standards.
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    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Lists 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, we are proposing to amend 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC 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. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 
19 U.S.C. 1306; 21 U.S.C. 11, 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 
371.4.


Sec. 94.1  [Amended]

    2. Section 94.1 would be amended as follows:
    a. In paragraph (a)(2), by adding, in alphabetical order, the word 
``Greece,''.
    b. In paragraph (a)(3), by removing the words ``Greece and the'' 
and adding the word ``The'' in their place.


Sec. 94.11  [Amended]

    3. In Sec. 94.11, paragraph (a), the first sentence would be 
amended by adding, in alphabetical order, the word ``Greece,''.

    Done in Washington, DC, this 18th day of March 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-6837 Filed 3-20-02; 8:45 am]
BILLING CODE 3410-34-U