[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Proposed Rules]
[Pages 39890-39893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19182]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
9 CFR Part 94
[Docket No. 95-050-1]
Uruguay; Change in Disease Status
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to declare Uruguay free of rinderpest and
foot-and-mouth disease. As part of this proposed action, we would add
Uruguay 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. Declaring Uruguay free of rinderpest and foot-and-mouth disease
appears to be appropriate because the last outbreak of foot-and-mouth
disease in Uruguay occurred in 1989, there have been no vaccinations
for foot-and-mouth disease in Uruguay since June 1994, and rinderpest
has never existed in Uruguay. This proposed rule would remove the
prohibition on the importation into the United States, from Uruguay, 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 certain prohibitions and restrictions
on the importation, from Uruguay, of milk and milk products of
ruminants.
[[Page 39891]]
DATES: Consideration will be given only to comments received on or
before October 3, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-050-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-050-1. 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. John Blackwell, Senior Staff
Microbiologist, Import-Export Products, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231,
(301) 734-5875.
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 and
foot-and-mouth disease (FMD). Rinderpest and FMD 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 free of rinderpest and FMD if,
among other things, there have been no reported cases of the diseases
in that country for at least the previous 1-year period and if no
vaccinations for rinderpest or FMD have been administered to ruminants
or swine in that country for at least the previous 1-year period.
The last outbreak of FMD in Uruguay occurred in 1989. There have
been no vaccinations for FMD in Uruguay since June 1994. Rinderpest has
never existed in Uruguay. Based on these considerations, the government
of Uruguay has requested that the United States Department of
Agriculture (USDA) declare Uruguay free of rinderpest and FMD.
The Animal and Plant Health Inspection Service (APHIS) reviewed the
documentation submitted by the government of Uruguay in support of its
request, and a team of APHIS officials traveled to Uruguay in 1994 to
conduct an on-site evaluation of the country's animal health program
with regard to the rinderpest and FMD situation in Uruguay. The
evaluation consisted of a review of Uruguay's veterinary services,
diagnostic procedures, vaccination practices, and administration of
laws and regulations intended to prevent the introduction of rinderpest
and FMD into Uruguay through the importation of animals, meat, or
animal products. The APHIS officials conducting the on-site evaluation
concluded that Uruguay 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.)
Based on the information discussed above, we are proposing to amend
Sec. 94.1(a)(2) by adding Uruguay 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 Uruguay, of ruminants and
fresh, chilled, and frozen meat of ruminants, and would relieve
restrictions on the importation, from Uruguay, of milk and milk
products of ruminants. However, because Uruguay has not been declared
free of hog cholera, the importation into the United States, from
Uruguay, of pork and pork products would continue to be restricted
under Sec. 94.9 of the regulations, and the importation of swine from
Uruguay would continue to be restricted under Sec. 94.10. Also, for the
reasons discussed below, we would make the importation of meat and
other animal products of ruminants or swine from Uruguay subject to the
restrictions in Sec. 94.11.
We are proposing to amend Sec. 94.11(a) by adding Uruguay to the
list of countries that have been declared free of rinderpest and FMD
but from which the importation 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 a country
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.
Uruguay 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, Uruguay has common land borders with Brazil and
Argentina, which are both designated in Sec. 94.1(a)(1) as countries in
which rinderpest or FMD exists. As a result, although Uruguay appears
to qualify for designation as a country free of rinderpest and FMD,
there is the potential that meat or other animal products produced in
Uruguay may be commingled with the fresh, chilled, or frozen meat of
animals from a country in which rinderpest or 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 the ship stores, airplane meals, or
baggage containing such meat or other animal products, originating in
Uruguay be subject to the restrictions specified in Sec. 94.11 of the
regulations and to the applicable requirements contained in the
regulations of the USDA'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 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, among other things, 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.
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 Uruguay 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 Uruguay, of ruminants and
fresh, chilled, and frozen meat of ruminants, although those
[[Page 39892]]
imports would be subject to certain restrictions.
The proposed revision would also relieve restrictions on the
importation, from Uruguay, of milk and milk products of ruminants. This
action would not relieve certain restrictions on the importation of
live swine and fresh, chilled, and frozen meat of swine from Uruguay
because Uruguay is still considered to be affected with hog cholera.
The primary effects of the proposed change in the regulations would
be to bovine meat and prepared products. Swine and swine products are
excluded because of restrictions due to hog cholera, and the United
States has not imported any mutton, lamb, or goat meat from Uruguay in
the last 2 years. This situation is not expected to change as a result
of the proposed rule.
This proposed rule is not expected to affect United States imports
of miscellaneous animal products from Uruguay, including embryos,
semen, breeding animals, and other products.
The increase in beef imports resulting from the proposed regulation
change is expected to have a minimal negative impact on producers,
while benefitting consumers.
Uruguayan beef production is made up mostly of grass-fed product.
These animals take longer to reach slaughter weights and are lighter at
slaughter than grain-fed cattle. As a result, although Uruguayan cattle
inventories (10.4 million at the end of 1994) are about 10 percent of
United States cattle inventories (103.3 million on January 1, 1995),
Uruguayan beef production runs at only 2 to 4 percent of United States
production. Uruguay currently exports one third of its beef production.
However, Uruguay is not expected to exceed the 20,000 metric ton (MT)
tariff-free quota limit for exports of beef into the United States
established under the General Agreement on Tariffs and Trade (GATT).
Twenty-two percent of United States beef consumption goes into
``non table-cut'' applications, such as fast-food hamburgers and other
prepared meats; 78 percent of United States beef consumption goes into
consumer applications, such as steak and filet mignon, that require
beef produced from grain-fed cattle. (Beef produced in the United
States comes predominantly from grain-fed cattle and is used for
higher-quality table-cuts.) Most of the beef exported from Uruguay is
produced from grass-fed cattle and is suitable for lower-quality, non
table-cut applications. However, select cuts of beef from grass-fed
cattle may be of the same quality as cuts from grain-fed cattle. For
the most part, beef exports from Uruguay would affect the market for
non table-cut beef in the United States.
Beef and dairy farms and feedlot operators would experience the
greatest impact as a result of the proposed rule. According to Small
Business Administration (SBA) criteria, beef and dairy farms with
annual sales of less than $0.5 million are considered small. In 1992,
801,940 operations with beef cows were considered small. These small
farms averaged sales of $20,976 in 1992, as opposed to average sales of
$1.3 million on large farms.
Recent USDA data indicated that 152,500 dairy farms were considered
small. In addition to the sale of dairy products, the sale of culled
dairy cattle and young stock not retained for milking or breeding
contributed to dairy farm income. In the worst case scenario, the
proposed rule would produce a drop in net farm income of $15 on small
beef farms and $83 on small dairy farms when imports were assumed to
consist of beef from grass-fed cattle.
With regards to the sale of dairy products, the Department does not
anticipate a major increase in exports of milk and milk products from
Uruguay into the United States as a result of this proposed rule. Only
about 10 percent of Uruguay's cow herd is made up of dairy cows, and it
is expected that the increase in beef cattle returns will not
significantly alter this situation. In addition, all dairy products
imported into the United States are restricted by quotas except for
casein, caseinate, and other casein derivatives (hereafter referred to
as casein), which are dry milk products. The United States does not
produce casein, but does import more than half of the casein produced
in the world. Uruguay has not exported casein to the United States in
recent years. Declaring Uruguay free of FMD is expected to have a
minimal effect on the amount of casein imported into the United States.
According to the SBA, feedlots with sales of less than $1.5 million
are considered small. Recent USDA data indicate that 30 percent of
feedlots in the United States are considered small. In the worst case
scenario, the proposed rule would produce a loss of $30 per year in
gross sales for a small feedlot.
The impact of the proposed rule on cattle dealers/haulers and
cattle slaughterers/primary processors would be minimal because the
reduction in the number of cattle marketed and the number of truck
hauls required to move them would be very small in relation to the
current numbers.
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
This proposed 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 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 removing
``and Trust Territory of the Pacific Islands.'' and adding ``Trust
Territory of the Pacific Islands, and Uruguay.'' in its place.
Sec. 94.11 [Amended]
5. In Sec. 94.11, paragraph (a), the first sentence would be
amended by removing ``and Switzerland,'' and adding ``Switzerland, and
Uruguay,'' in its place.
[[Page 39893]]
Done in Washington, DC, this 31st day of July, 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-19182 Filed 8-3-95; 8:45 am]
BILLING CODE 3410-34-P
