[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44524-44526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16682]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 01-059-2]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 adding 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 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.

EFFECTIVE DATE: July 18, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Anne Goodman, Supervisory Staff 
Officer, 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

[[Page 44525]]

to certain restrictions because of their proximity to or trading 
relationships with rinderpest-or FMD-affected regions.
    On March 21, 2002, we published in the Federal Register (67 FR 
13105-13108, Docket No. 01-059-1) a proposal to amend the regulations 
to add Greece to the list in Sec. 94.1(a) of regions that are 
considered free of rinderpest and FMD while removing Greece from the 
list of regions considered free of rinderpest only, also contained in 
Sec. 94.1(a). In that document, we also proposed to add Greece to the 
list in Sec. 94.11(a) of regions declared free of rinderpest and FMD, 
but that are subject to certain import restrictions on meat and meat 
products because of their proximity to or trading relationships with 
rinderpest-or FMD-affected countries.
    We solicited comments concerning our proposal for 60 days ending 
March 20, 2002. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
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 adds Greece 
to the list of regions considered free of rinderpest and FMD. We have 
determined that approximately 2 weeks are needed to ensure that APHIS 
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 under 
Executive Order 12866.
    We are amending 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 adding 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 
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 rule as required by the Regulatory Flexibility Act.
    From an economic standpoint, this rule is likely to have little or 
no impact on U.S. animal stock and commodities. There are two reasons. 
First, this rule will 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 will be eligible for importation into the United States 
from Greece under this rulemaking will 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 Agriculture Organization of the United States.
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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 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 rule include U.S. import 
brokers, agents, and others involved in the sale of animals or animal 
products from Greece that will no longer be prohibited, or that will be 
possible to import under less restrictive conditions than they were 
prior to this rulemaking. The number and size of entities that will 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 
will be small, based on the U.S. Small Business Administration's (SBA) 
size standards.\3\ Given the disease-based restrictions discussed 
previously that will remain in place and the minimal level of U.S. 
imports of animals and animal products that will be eligible for 
importation from Greece, we expect that declaring Greece free of FMD 
will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final 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

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

[[Page 44526]]

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 amending 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 continues 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. 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 371.4.


Sec. 94.1  [Amended]

    2. Section 94.1 is 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 is amended by 
adding, in alphabetical order, the word ``Greece,''.

    Done in Washington, DC, this 27th day of June, 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-16682 Filed 7-2-02; 8:45 am]
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