[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4726]
[[Page Unknown]]
[Federal Register: March 2, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 94
[Docket No. 93-172-1]
Change in Disease Status of Hungary 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 Hungary free of rinderpest and
foot-and-mouth disease. As part of this proposed action, we would add
Hungary to the list of countries that, although declared free of
rinderpest and foot-and-mouth disease, are subject to restrictions on
meat and other animal products offered for importation into the United
States. We would also add Hungary to the list of countries from which
the importation into the United States of llamas and alpacas is
restricted. This proposed rule would remove the prohibition on the
importation into the United States, from Hungary, of ruminants and
fresh, chilled, and frozen meat of ruminants, although those
importations would be subject to certain restrictions. This proposed
rule would also relieve restrictions on the importation, from Hungary,
of milk and milk products of ruminants.
DATES: Consideration will be given only to comments received on or
before May 2, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 93-172-1. 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. Kathleen J. Akin, Senior Staff
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 755, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7830.
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 animal 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 both diseases.
We will consider declaring a country to be free of rinderpest and FMD
if there have been no reported cases of either disease in that country
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.
The last outbreak of rinderpest in Europe occurred prior to 1921,
and there have been no outbreaks of FMD since 1973. A limited FMD
vaccination program that was conducted near the country's eastern
borders was discontinued in 1989. Based on these considerations, the
government of Hungary requested that the U.S. Department of Agriculture
(USDA) declare Hungary to be free of rinderpest and FMD.
The Animal and Plant Health Inspection Service (APHIS) reviewed the
documentation submitted by the government of Hungary in support of its
request, and a team of APHIS officials traveled to Hungary in October
1993 to conduct an on-site evaluation of the country's animal health
program with regard to the FMD situation in Hungary. The evaluation
consisted of a review of Hungary's veterinary services, laboratory and
diagnostic procedures, vaccination practices, and administration of
laws and regulations intended to prevent the introduction of rinderpest
and FMD into Hungary through the importation of animals, meat, or
animal products. The APHIS officials conducting the on-site evaluation
concluded that Hungary is free of rinderpest and FMD. (Details
concerning the on-site evaluation are available, upon written request,
from the person listed under FOR FURTHER INFORMATION CONTACT.)
Therefore, based on the information discussed above, we are
proposing to amend Sec. 94.1(a)(2) by adding Hungary to the list of
countries declared to be free of both rinderpest and FMD. This proposed
action would remove the prohibition on the importation, from Hungary,
of ruminants and any fresh, chilled, and frozen meat of ruminants, and
would relieve restrictions on the importation, from Hungary, of milk
and milk products of ruminants. However, because Hungary has not been
declared free of hog cholera, the importation of pork and pork products
would continue to be restricted under Sec. 94.9 of the regulations, and
the importation of swine from Hungary would continue to be prohibited
under Sec. 94.10. Similarly, for the reasons discussed below, we would
make the importation of meat and other animal products of ruminants or
swine from Hungary subject to the restrictions contained in Sec. 94.11.
We are proposing to amend Sec. 94.11(a) by adding Hungary to the
list of countries that have been declared free of rinderpest and FMD
but from which the importation into the United States of meat and other
animal products is restricted. The countries listed in Sec. 94.11(a)
are subject to these 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; (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.
Hungary supplements its national meat supply by importing 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, Hungary has common land borders with Slovakia,
Ukraine, Romania, Yugoslavia, Croatia, and Slovenia, which are
designated in Sec. 94.1(a)(1) as countries in which rinderpest or FMD
exists. As a result, even though Hungary appears to qualify for
designation as a country free of rinderpest and FMD, there is the
potential for meat or other animal products produced in Hungary to be
commingled with the fresh, chilled, or frozen meat of animals from a
country in which rinderpest and FMD exists. This potential for
commingling constitutes an undue risk of introducing rinderpest or FMD
into the United States.
Therefore, we are proposing that meat and other animal products of
ruminants or swine, as well as any ship's stores, airplane meals, or
baggage containing such meat or other animal products, offered for
importation into the United States from Hungary be subject to the
restrictions specified in Sec. 94.11 of the regulations in addition to
the applicable regulations of the USDA's Food Safety and Inspection
Service, which are located in 9 CFR chapter III. Section 94.11
generally requires that the meat and other animal products of ruminants
or 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
certification from a full-time salaried veterinary official of the
national government of the exporting country, stating that the meat or
other animal product has 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.
We are also proposing to add Hungary to a third list, this one in
Sec. 94.1(d)(1). All countries in which rinderpest or FMD has been
known to exist that have been declared free of rinderpest and FMD on or
after September 28, 1990, must be added to this list. Adding Hungary to
this list would mean that no llama or alpaca could be imported or
entered into the United States from Hungary unless in accordance with 9
CFR 92.435. We are not, however, aware of any llamas or alpacas in
Hungary that are available for export.
Miscellaneous
In addition to the proposed changes set forth above, we would
correct the paragraph designations used in Sec. 94.9(b)(1)(ii) and
(iii). In each of those paragraphs, italicized lowercase letters were
used where normal uppercase letters are needed. Also in Sec. 94.9, we
would make several nonsubstantive editorial changes for the sake of
clarity or to correct grammatical errors. Finally, in Sec. 94.11(a), we
would adjust the order in which three countries appear to restore
alphabetical order to the list of countries in that paragraph.
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, if adopted, would amend the regulations in part
94 by adding Hungary to the list of countries declared to be free of
rinderpest and FMD. This action would remove the prohibition on the
importation into the United States, from Hungary, of ruminants and
fresh, chilled, and frozen meat of ruminants, although those
importations would be subject to certain restrictions. This proposed
revision would also relieve restrictions on the importation, from
Hungary, of milk and milk products of ruminants.
Based on available information, the Department does not anticipate
a major increase in exports of ruminants and fresh, chilled, or frozen
meat of ruminants from Hungary into the United States as a result of
this proposed rule.
The value of total U.S. imports of cattle in 1992 was $1.24
billion, and the value of total U.S. imports of sheep in 1992 was about
$2 million. The United States did not import any cattle or sheep from
Hungary during 1992. In fact, with the exception of a small number of
cattle imported from the former Czechoslovakia, no cattle or sheep were
imported into the United States from any country in Europe during 1992
(USDA, Economic Research Service [ERS], ``Foreign Agricultural Trade of
the United States: Calendar Year 1992 Supplement,'' 1992). Clearly,
Europe is not a source of ruminants for the United States, and it is
unlikely that declaring Hungary free of rinderpest and FMD would have
any effect on the existing trade patterns.
Due to current APHIS restrictions, the United States does not
import any uncooked meat or meat products from Hungary. Total U.S. meat
production in 1991 (excluding pork) was just under 10.7 million metric
tons, while Hungarian meat production in 1991 reached approximately
115,000 metric tons, about 1 percent of the U.S. total (USDA, National
Agricultural Statistics Service, ``Agricultural Statistics, 1992,''
1992). Therefore, even if Hungary exported a significant portion of its
meat production exclusively to the United States, which is unlikely,
the effect of those exports on U.S. domestic prices or supplies would
be negligible.
As with the ruminants and meat products discussed above, the
Department does not anticipate a major increase in exports of milk and
milk products from Hungary into the United States as a result of this
proposed rule. The importation into the United States of all dairy
products, except for casein and other caseinates, is restricted by
quotas. Although the importation of casein into the United States is
not regulated by quotas, world prices of casein are competitively set.
The United States does not produce casein, but does import more than
half of the casein produced in the world. The regulations currently
allow casein and other caseinates to be imported into the United States
from countries where rinderpest or FMD exists if the importer has
applied for and obtained written permission from the Administrator. The
United States imported about 662 metric tons of casein from Hungary in
1992 (USDA, ERS, ``Foreign Agricultural Trade of the United States:
Calendar Year 1992 Supplement,'' 1992). Declaring Hungary free of
rinderpest and FMD, thus removing the requirement for written
permission from the Administrator, is not expected to have any effect
on the amount of casein imported into the United States from Hungary
because the current restrictions do not substantially impede imports.
The importation of bovine semen and cattle embryos from countries
affected with rinderpest and FMD is restricted under 9 CFR part 98.
Although this proposed rule would have the effect of removing certain
restrictions on the importation of bovine semen and cattle embryos from
Hungary, the economic effect of this proposed rule on the bovine semen
and cattle embryo industries is also expected to be minimal. The United
States is a net exporter of bovine semen and cattle embryos. In 1992,
the value of U.S. bovine semen and cattle embryo imports was $4 million
and $195,000, respectively, while the value of U.S. bovine semen and
cattle embryo exports was $49.3 million and $6.8 million, respectively
(USDA, ERS, ``Foreign Agricultural Trade of the United States: Calendar
Year 1992 Supplement,'' 1992). Although it is likely that a few U.S.
importers would be interested in importing bovine semen or cattle
embryos from Hungary if this proposed rule is adopted, the amount of
each that might be imported would be minimal when compared to U.S.
domestic production.
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 the Paperwork Reduction Act of 1980 (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), and there are no new requirements. 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:
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, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 94.1 [Amended]
2. In Sec. 94.1, paragraph (a)(2) would be amended by adding
``Hungary,'' immediately after ``Honduras,''.
3. In Sec. 94.1, paragraph (d)(1) would be amended by adding
``Hungary,'' immediately after ``France,''.
Sec. 94.9 [Amended]
4. Section 94.9 would be amended as follows:
a. Paragraphs (b)(1) (ii) (a) and (b) would be redesignated as
paragraphs (b)(1)(ii) (A) and (B).
b. Paragraphs (b)(1)(iii) (a), (b), and (c) would be redesignated
as paragraphs (b)(1)(iii) (A), (B), and (C).
c. In newly designated paragraph (b)(1)(iii)(C)(2), the words
``paragraph (b)(1)(iii)(c)(1) of'' would be removed and the words
``paragraph (b)(1)(iii)(C)(1) of'' added in their place, and the words
``paragraphs (b)(1), (i), (ii), or (iii)'' would be removed and the
words ``paragraph (b)(1) (i), (ii), or (iii)'' added in their place.
d. In paragraph (b)(2), the words ``under paragraphs'' would be
removed and the words ``under paragraph'' added in their place.
e. In paragraph (b)(3), the first sentence, the words ``under
paragraphs'' would be removed and the words ``under paragraph'' added
in their place, and the words ``paragraph (b)(1) (ii) or (iii) of this
section has'' would be removed and the words ``the provisions of
paragraph (b)(1) (ii) or (iii) of this section have'' added in their
place.
f. In paragraph (c), the words ``provisions of'' would be added
immediately before the reference ``Sec. 94.12(b)(1)(iii)''.
Sec. 94.11 [Amended]
5. In Sec. 94.11, paragraph (a), the first sentence would be
amended by adding ``Hungary,'' immediately before ``Japan,'' and by
removing the words ``Spain, Poland, Republic of Ireland,'' and adding,
in their place, ``Poland, Republic of Ireland, Spain,''.
Done in Washington, DC, this 23rd day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4726 Filed 3-1-94; 8:45 am]
BILLING CODE 3410-34-P
