Change in Disease Status of Germany Because of Rinderpest and Foot-and-Mouth Disease

DEPARTMENT OF AGRICULTURE

9 CFR Part 94

[Docket No. 93-159-1]

Change in Disease Status of Germany 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 Germany free of rinderpest and

foot-and-mouth disease. Rinderpest has not existed in Germany since

1870 and there have been no outbreaks of foot-and-mouth disease since

January 1988. This proposed revision would remove the prohibition on

the importation from Germany into the United States of ruminants and

fresh, chilled, and frozen meat from ruminants, and would relieve

restrictions on the importation from Germany of milk and milk products

from ruminants. This proposal, if adopted, would not relieve

restrictions on the importation from Germany of swine and fresh,

chilled, and frozen meat from swine, because Germany has not been

declared free of hog cholera and swine vesicular disease.

We are also proposing to add Germany to a list of countries that,

although declared free of rinderpest and foot-and-mouth disease, are

subject to restrictions on the importation of their meat and other

animal products into the United States. Finally, we are also proposing

to add Germany to the list of countries from which the importation into

the United States of llamas and alpacas is restricted.

DATES: Consideration will be given only to comments received on or

before March 21, 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. 93-159-1. 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 encouraged to call ahead on (202-690-2817) to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Elizabeth Klontz, Staff

Veterinarian, Import-Export Products Staff, National Center for Import

and Export, VS, APHIS, USDA, room 758A, 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 to prevent the introduction into

the United States of various diseases, including rinderpest, foot-and-

mouth disease (FMD), bovine spongiform encephalopathy, African swine

fever, hog cholera, and swine vesicular disease (SVD). 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 are declared to be free of both diseases. We are

proposing to add Germany to that list.

We will consider declaring a country to be free of rinderpest and

FMD if there have been no reported cases of the diseases 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. In the case of

Germany, rinderpest has not occurred since 1870, there have been no

outbreaks of FMD since January 1988, and vaccinations for FMD were

discontinued in March 1991.

Germany has applied to the U.S. Department of Agriculture (USDA) to

be recognized as free of rinderpest and FMD. The Animal and Plant

Health Inspection Service (APHIS) has reviewed the documentation

submitted by the government of Germany in support of its request. In

addition, a team of APHIS officials recently conducted an on-site

evaluation of the animal health program in Germany in regard to the FMD

and rinderpest situation in that country. The evaluation consisted of a

review of the capability of Germany's veterinary services, laboratory

and diagnostic procedures, vaccination practices, and the

administration of laws and regulations to ensure against the

introduction of FMD and rinderpest into Germany through the importation

of animals, meat, animal products, and garbage. The APHIS officials

conducting the on-site evaluation concluded that Germany is free of FMD

and rinderpest. 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 believe that Germany

qualifies for listing in Sec. 94.1(a)(2) of the regulations as a

country declared free of rinderpest and FMD. This action would remove

the prohibition on the importation from Germany of ruminants and fresh,

chilled, and frozen meat from ruminants, and would relieve restrictions

on the importation from Germany of milk and milk products from

ruminants. Importations from Germany of swine and fresh, chilled, or

frozen meat from swine would continue to be restricted under the

regulations because Germany has not been declared free of hog cholera

and SVD.

Special Restrictions

We also propose to add Germany to the list in Sec. 94.11(a) of

countries declared to be free of rinderpest and FMD that are subject to

restrictions on the importation of their meat and other animal products

into the United States. 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.

Germany supplements its national meat supply by the importation of

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. As a result, even though Germany appears to qualify for

designation as a country free of rinderpest and FMD, the meat and other

animal products produced in Germany may be commingled with the fresh,

chilled, or frozen meat of animals from a country in which rinderpest

and FMD exists, resulting in an undue risk of introducing rinderpest or

FMD into the United States. Additionally, Germany has common land

borders with Austria, the Czech Republic, Luxembourg, and Switzerland,

which are designated in Sec. 94.1(a)(1) as countries in which

rinderpest or FMD exists.

Therefore, we are proposing that meat and other animal products of

ruminants and swine, and ship stores, airplane meals, and baggage

containing these meat or animal products, imported into the United

States from Germany be subject to the restrictions specified in

Sec. 94.11 of the regulations, in addition to other applicable

requirements of title 9, chapter III. The restrictions placed on meat

and meat products of ruminants and swine in Sec. 94.11 generally

require that the meat 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 an animal

health official of the national government of the country declared free

of the disease, assuring that the meat and meat products have not been

commingled with or exposed to meat or other meat products originating

in, imported from, or transported through a country infected with

rinderpest or FMD, and are otherwise handled in accordance with the

requirements of Sec. 94.11.

We also propose to add Germany to the list in Sec. 94.1(d)(1) of

countries in which rinderpest or FMD has been known to exist and that

were declared free of rinderpest and FMD on or after September 28,

1990. All countries in which rinderpest or FMD has been known to exist

and that were declared free of rinderpest and FMD on or after September

28, 1990, must be added to this list. Adding Germany to this list would

restrict the importation or entry of llamas and alpacas from Germany

into the United States, unless in accordance with 9 CFR 92.435.

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 add Germany to the list in

part 94 of countries declared to be free of rinderpest and FMD. This

action would remove the prohibition on the importation into the United

States from Germany of ruminants and fresh, chilled, and frozen meat

from ruminants, and would relieve restrictions on the importation from

Germany of milk and milk products from ruminants. This action would not

relieve restrictions on the importation of live swine and fresh,

chilled, and frozen meat of swine from Germany because Germany is still

considered to be affected with hog cholera and SVD.

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 Germany 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; U.S. imports of sheep in 1992 totaled about $2 million. The

United States did not import any cattle or sheep from Germany during

1992. In fact, no cattle or sheep were imported into the United States

from any country in Western Europe during 1992 (USDA, National

Agricultural Statistical Service [NASS], Agricultural Statistics Board

[ASB] ``Agricultural Statistics, 1992''). Western Europe is not a

source of ruminants for the United States and we anticipate that any

increase in the importation of ruminants from Germany as a result of

this rule would have a negligible impact on existing trade patterns.

Currently, due to APHIS restrictions, the United States does not

import uncooked meat or meat products from Germany. In 1991, total meat

production in the United States (excluding pork) was just under 10.7

million metric tons, while total meat production in Germany (excluding

pork) was 2.2 million metric tons, about 20 percent of United States

production. It is improbable that Germany would begin to export any

significant portion of its meat products to the United States as a

result of this rule. Therefore, we estimate that the effect of this

rule on domestic meat prices or supplies would be insignificant.

Similarly, we do not anticipate a major increase in exports of milk

and milk products from Germany into the United States as a result of

this proposed rule. Importation into the United States of all dairy

products, except for casein and other caseinates, is restricted by

quotas. Furthermore, while the United States imports more than half of

the casein produced in the world and the regulations allow casein and

other caseinates to be imported from countries where rinderpest or FMD

exists (if the importer has applied for and obtained written permission

from the Administrator), Germany currently exports only a small amount

of casein to the United States. For example, in 1992, the United States

imported 95,000 metric tons of casein worldwide, but only about 2,400

metric tons (2.53 percent of worldwide imports) from Germany.

Consequently, we believe that declaring Germany free of rinderpest and

FMD will have no significant effect on the amount of casein imported

into the United States.

The effect of declaring Germany free of rinderpest and FMD on the

trade in bovine embryos and semen would also be minimal. The United

States is a net exporter of bovine embryos and semen; in 1991, the

value of bovine embryo and semen exports totalled to $46.5 million and

10.2 million, respectively, while imports amounted to only $2.7 million

and $89,159, respectively. Though similar trade data was not available

for Germany, we believe that due to the relatively small size of the

German market, any increase in the export of bovine embryos and semen

from Germany would have a minimal impact on the United States market.

It is not likely that many United States importers, all of whom are

considered small entities by Small Business Administration standards

(defined as having fewer than 100 employees), would be interested in

importing bovine embryos and semen from Germany. APHIS expects that the

value of any imports would be minimal in comparison to the domestic

production of these entities.

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, we propose to amend 9 CFR part 94 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 be revised 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, and 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

``Germany,'' immediately after ``France,''.

3. In Sec. 94.1, paragraph (d)(1) would be amended by adding

``Germany,'' immediately after ``France,''.

Sec. 94.11 [Amended]

4. In Sec. 94.11, paragraph (a), the first sentence would be

amended by adding ``Germany,'' immediately after ``France,''.

Done in Washington, DC, this 13th day of January 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-1366 Filed 1-19-94; 8:45 am]

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