[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21428-21429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10745]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 94-107-2]
Switzerland; Change in Disease Status
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are declaring Switzerland free of rinderpest, foot-and-
mouth disease, and Exotic Newcastle disease (VVND). As part of this
action, we are adding Switzerland to the lists of countries that,
although declared free of rinderpest, foot-and-mouth disease, and VVND,
are subject to restrictions on meat and other animal products offered
for importation into the United States. This rule removes the
prohibition on the importation of ruminants and fresh, chilled, and
frozen meat of ruminants into the United States from Switzerland,
although those importations will be subject to certain restrictions.
This rule also relieves certain prohibitions and restrictions on the
importation, from Switzerland, of milk and milk products of ruminants
and of certain poultry and poultry products.
EFFECTIVE DATE: May 17, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Kathleen Akin, Senior Staff
Veterinarian, Import/Export Products, National Center for Import and
Export, VS, APHIS, Suite 3B05, 4700 River Road Unit 40, Riverdale, MD
20737-1231, (301) 734-7830.
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), and Exotic Newcastle disease (VVND). FMD
and rinderpest are dangerous and destructive communicable diseases of
ruminants and swine. VVND is a contagious, infectious, and communicable
disease of poultry.
On February 2, 1995, we published in the Federal Register (60 FR
6454-6456, Docket No. 94-107-1) a proposal to amend the regulations by
adding Switzerland to the list in Sec. 94.1(a)(2) of countries declared
free of both rinderpest and FMD and to the list in Sec. 94.6(a)(2) of
countries declared free of VVND. In that document, we also proposed to
add Switzerland to the list in Sec. 94.11(a) of countries that,
although declared free of rinderpest and FMD, are subject to special
restrictions on the importation of their meat and other animal products
into the United States.
We solicited comments concerning our proposal for 60 days ending
April 3, 1995. 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 of ruminants and fresh, chilled, and
frozen meat of ruminants into the United States from Switzerland and
relieves restrictions on the importation from Switzerland of milk and
milk products of ruminants and certain poultry and poultry products. We
have determined that approximately 2 weeks are needed to ensure that
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 made 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 final rule amends the regulations in part 94 by adding
Switzerland to the list of countries declared free of rinderpest and
FMD and to the list of countries declared free of VVND. This action
will remove the prohibition on the importation of ruminants and fresh,
chilled, and frozen meat of ruminants into the United States from
Switzerland, although those importations will be subject to certain
restrictions. This revision will also relieve restrictions on the
importation from Switzerland of milk and milk products of ruminants and
certain poultry and poultry products. This action will not relieve
certain restrictions on the importation of live swine and fresh,
chilled, and frozen meat of swine from Switzerland because Switzerland
is still considered to be affected with hog cholera. Similarly, this
action will not relieve certain restrictions on the importation from
Switzerland, of ruminant meat and edible products from ruminants
because bovine spongiform encephalopathy (BSE) exists in Switzerland.
Based on available information, the Department does not anticipate
a major increase in exports of ruminants and fresh, chilled, or frozen
meat of ruminants or poultry from Switzerland into the United States as
a result of this final rule.
The primary effects due of this change in the regulations will be
limited to bovine meat and prepared products, since swine and swine
products are excluded because of restrictions due to [[Page 21429]] hog
cholera, live cattle and breeding material are excluded due to BSE, and
there is no sheep, lamb, or goat production in Switzerland (USDA,
National Agricultural Statistics Service (NASS), ``Agricultural
Statistics,'' 1993). Commencement of such production is not expected
due to the regulation change. The impact of increased beef imports
resulting from the regulation changes will likely be minimal because
the cattle industry in Switzerland is relatively small and high cost
compared to the United States domestic market. Cattle inventories in
Switzerland were estimated to be about 1.78 million head in 1993, while
U.S. inventories were over 101 million head in 1993 (USDA, Foreign
Agricultural Service, Switzerland's Annual Livestock Report, August 8,
1994, and USDA, NASS, ``Agricultural Statistics,'' 1993).
Due to current restrictions, the United States does not import any
uncooked meat or meat products from Switzerland. Total meat production
in the United States in 1992 was just under 18.587 million metric tons,
while Swiss meat production in 1992 reached approximately 429,000
metric tons, about 2.3 percent of the United States total (USDA,
National Agricultural Statistics Service, ``Agricultural Statistics,''
1993). Therefore, even if Switzerland exported a significant portion of
its meat production exclusively to the United States, which is
unlikely, the effect of those exports on United States 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 Switzerland into the United States as a result of
this final 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 of
the Animal and Plant Health Inspection Service. The United States did
not import any casein from Switzerland in 1993 (USDA, Economic Research
Service (ERS), ``Foreign Agricultural Trade of the United States:
Calendar Year 1993 Supplement,'' 1993). Declaring Switzerland 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
Switzerland because the current restrictions do not substantially
impede imports.
Imports of poultry and poultry products into the United States from
Switzerland in 1992 and 1993 fell into two categories: live poultry,
and feathers and down. Total live poultry imports into the United
States were valued at $14.4 million and $14.5 million in 1992 and 1993,
respectively. United States live poultry imports from Switzerland were
valued at $67 thousand and $74 thousand in 1992 and 1993, respectively,
about 0.5 percent of the total imports. Total United States imports of
feathers and down were valued at $84 million and $60.1 million in 1992
and 1993, respectively. United States imports of feathers and down from
Switzerland were valued at $1.2 million and $0.41 million in 1992 and
1993, respectively, less than 1.5 percent of the total imports (USDA,
ERS, ``Foreign Agricultural Trade of the United States: Calendar Year
1993 Supplement,'' 1993). Also, Switzerland is dependent on imports for
over 50 percent of domestic poultry consumption. Consequently, the
changes in current regulations concerning VVND are not expected to
result in increased exports 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 12778
This rule has been reviewed under Executive Order 12778, 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 rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
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 2.17, 2.51, and
371.2(d).
Sec. 94.1 [Amended]
2. In Sec. 94.1, paragraph (a)(2) is amended by adding
``Switzerland,'' immediately after ``Sweden,''.
Sec. 94.6 [Amended]
3. In Sec. 94.6, paragraph (a)(2) is amended by removing ``and
Sweden'' and adding ``Sweden, and Switzerland'' in its place.
Sec. 94.11 [Amended]
4. In Sec. 94.11, paragraph (a), the first sentence is amended by
removing ``and Sweden,'' and adding ``Sweden, and Switzerland,'' in its
place.
Done in Washington, DC, this 26th day of May 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-10745 Filed 5-1-95; 8:45 am]
BILLING CODE 3410-34-P
