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

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]

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