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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 93-103-3]

Change in Disease Status of Belgium Because of Rinderpest and

Foot-and-Mouth Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are declaring Belgium free of rinderpest and foot-and-mouth

disease. Rinderpest has not existed in Belgium since 1920 and there

have been no outbreaks of foot-and-mouth disease since 1976. This

action removes the prohibition on the importation from Belgium into the

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

ruminants, and relieves restrictions on the importation from Belgium of

milk and milk products from ruminants. This action does not relieve

restrictions on the importation from Belgium of swine and fresh,

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

declared free of hog cholera and swine vesicular disease.

We also are adding Belgium 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 also are adding Belgium to the list

of countries from which the importation into the United States of

llamas and alpacas is restricted.

EFFECTIVE DATE: January 31, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Marolo Garcia, Senior Staff

Veterinarian, National Center for Import-Export, Veterinary Services,

APHIS, USDA, room 757, 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.

On September 13, 1993, we published in the Federal Register (58 FR

47834-47836, Docket No. 93-103-1) a proposal to amend the regulations

by adding Belgium to the list in Sec. 94.1(a)(2) of countries that are

declared to be free of rinderpest and FMD.

We solicited comments concerning our proposal for a 30-day period

ending on October 13, 1993. During that period, we received one comment

from a national dairy association requesting that we reopen and extend

the comment period so that its members would have ample time to prepare

and submit comments. In response, on October 28, 1993, we published in

the Federal Register (58 FR 57971-57972, Docket No. 93-103-2) a

document reopening and extending the comment period until November 29,

1993. We considered all comments received following the date of

publication of the proposed rule and on or before the new comment

period closing date. We received only one comment by the new comment

period closing date, from a national dairy cattle breed association,

which fully supported our proposed 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 into the United States, from Belgium, of

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

relieves restrictions on the importation, from Belgium, of milk and

milk products from ruminants. 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 final 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.

We are adding Belgium to the list in part 94 of countries declared

to be free of rinderpest and FMD. This action removes the prohibition

on the importation into the United States, from Belgium, of ruminants

and fresh, chilled, and frozen meat from ruminants, and relieves

restrictions on the importation, from Belgium, of milk and milk

products from ruminants. This action does not relieve restrictions on

the importation of live swine and fresh, chilled, and frozen meat of

swine from Belgium because Belgium 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 Belgium into the United States as a result of

this rule.

The value of total U.S. imports of cattle in 1991 was $951.6

million, and the value of total U.S. imports of sheep in 1991 was about

$1.6 million. The United States did not import any cattle or sheep from

Belgium during 1991. In fact, no cattle or sheep were imported into the

United States from any country in Western Europe during 1991 (USDA,

Economic Research Service (ERS), ``Foreign Agricultural Trade of the

United States: Calendar Year 1991 Supplement,'' 1992). Western Europe

is not a source of ruminants for the United States; any increase in the

import of ruminants from Belgium as a result of this rule will 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 Belgium. In 1991, total meat

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

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

pork) was 385,000 metric tons, less than four percent of United States

production. It is improbable that Belgium will 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 will be insignificant.

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

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

this 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), Belgium does not currently export casein to the

United States. Consequently, we believe that declaring Belgium free of

rinderpest and FMD will have no significant effect on the amount of

casein imported into the United States.

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

trade in bovine embryos and semen will probably 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 $46.5 million and

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

million and $89,000, respectively. Though similar trade data was not

available for Belgium, we believe that due to the relatively small size

of the Belgium market, any increase in the export of bovine embryos and

semen from Belgium will have a minimal impact on the United States

market.

Five United States importers, all of whom are considered small

entities by Small Business Administration standards (they have fewer

than 100 employees), have expressed interest in importing bovine

embryos and semen from Belgium. APHIS expects the value of the

anticipated imports to 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 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

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 rule have been submitted and 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 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, 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. Section 94.1, paragraph (a)(2), is amended by adding

``Belgium,'' immediately after ``Barbados,''.

3. Section 94.1, paragraph (d)(1), is amended by adding

``Belgium,'' immediately before ``Chile,''.

Sec. 94.11 [Amended]

4. In Sec. 94.11, paragraph (a), the first sentence is amended by

adding ``Belgium,'' immediately after ``The Bahamas,''.

Done in Washington, DC, this 10th day of January 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-995 Filed 1-13-94; 8:45 am]

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