Change in Disease Status of Germany Because of Swine Vesicular Disease

SUMMARY: We are proposing to declare Germany free of swine vesicular

disease. As part of this proposed action, we would add Germany to the

list of countries that, although declared free of swine vesicular

disease, are subject to restrictions on pork and pork products offered

for importation into the United States. Declaring Germany free of swine

vesicular disease appears to be appropriate because there have been no

confirmed outbreaks of swine vesicular disease in Germany since 1981.

This proposed rule would relieve certain restrictions on the

importation of pork and pork products into the United States from

Germany. However, because Germany shares common land borders with

countries affected by swine vesicular disease, imports pork products

from countries affected by swine vesicular disease, and is still

considered to be affected with hog cholera, the importation into the

United States of pork and pork products from Germany would continue to

be restricted.

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

before October 30, 1995.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 95-055-1, 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. 95-055-1. 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 Cougill, Staff Veterinarian,

Import/Export Products, National Center for Import and Export, VS,

APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-

8695.

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 (SVD). These are

dangerous and destructive communicable diseases of ruminants and swine.

Section 94.12(a) of the regulations provides that SVD is considered

to exist in all countries of the world except those listed in

Sec. 94.12(a), which have been declared to be free of SVD. We will

consider declaring a country to be free of SVD if there have been no

reported cases of the disease in that country for at least the previous

1-year period. The last case of SVD in Germany that was confirmed by

laboratory procedures occurred in 1981. Clinical symptoms similar to

SVD were recognized in a herd in Germany in 1985, and that case was

reported as SVD by the Regional Veterinary Officer in Germany, but

laboratory tests failed to confirm SVD. There have been no reports of

SVD in Germany since that time. Based on Germany's apparent current and

recent freedom from SVD, the Government of Germany has requested that

the U.S. Department of Agriculture (USDA) recognize Germany to be free

of SVD.

The Animal and Plant Health Inspection Service (APHIS) reviewed the

documentation submitted by the Government of Germany in support of its

request. A team of APHIS officials traveled to Germany in September

1993 to conduct an on-site evaluation of the country's animal health

program with regard to the foot-and-mouth disease (FMD) and rinderpest

situation in Germany. The evaluation consisted of a review of Germany's

veterinary services, laboratory and diagnostic procedures, vaccination

practices, and administration of laws and regulations intended to

prevent the introduction of FMD and rinderpest into Germany. We believe

that the 1993 on-site evaluation was sufficient to provide APHIS with a

complete picture of Germany's animal health program with regard to SVD,

as well. Therefore, we have used the findings of the 1993 on-site

evaluation as part of the basis for this proposed rule. (Details

concerning the 1993 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. 94.12(a) by adding Germany to the list of countries declared free

of SVD. This action would relieve certain requirements on the

importation of pork and pork products from Germany.

However, we are also proposing to amend Sec. 94.13(a) by adding

Germany to the list of countries that have been declared free of SVD,

but from which the importation of pork and pork products is restricted.

The countries listed in Sec. 94.13(a) are subject to these restrictions

because they: (1) Supplement their national pork supply by importing

fresh, chilled, or frozen pork from countries where SVD is considered

to exist; (2) have a common border with countries where SVD is

considered to exist; or (3) have certain trade practices that are less

restrictive than are acceptable to the United States.

Germany supplements its national pork supply by importing fresh,

chilled, and frozen pork from countries where SVD is considered to

exist. In addition, Germany has common land borders with Belgium,

Czechoslovakia, France, the Netherlands, and Poland. These countries

are designated in Sec. 94.12(a) as countries where SVD exists. As a

result, even though Germany appears to qualify for designation as a

country free of SVD, there is potential for pork and pork products

produced in Germany to be commingled with the fresh, chilled, or frozen

meat of animals from a country where SVD exists. This potential for

commingling constitutes an undue risk

[[Page 44786]]

of introducing SVD into the United States.

Therefore, we are proposing that pork and pork products, as well as

any ship's stores, airplane meals, and baggage containing such pork,

offered for importation into the United States from Germany be subject

to the restrictions specified in Sec. 94.13 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 94.13

requires, in part, that pork and pork products 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 a foreign meat inspection certificate as well as a

certification issued by a full-time salaried veterinary official of the

national government of the exporting country, stating that certain

precautions have been satisfied so that the pork or pork product has

not been commingled with or exposed to animals, pork, or pork products

originating in, or transported through, a country in which SVD is

considered to exist.

Because hog cholera exists in Germany, the importation of pork and

pork products from Germany would continue to be subject to the

restrictions in Sec. 94.9 for pork and pork products from countries

where hog cholera exists. The importation of live swine, except for

wild swine, from Germany would continue to be prohibited due to hog

cholera, in accordance with Sec. 94.10. 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 would amend the regulations in part 94 by adding

Germany to the list of countries that have been declared free of SVD.

This action would relieve certain restrictions on the importation of

pork and pork products into the United States from Germany. However,

other requirements would continue to restrict the importation of live

swine and pork and pork products.

Because of the continued presence of hog cholera in Germany, nearly

all of the current U.S. restrictions on the importation of pork and

pork products would remain unchanged. The only area of pork importation

that may be affected should Germany be declared free of SVD is cured

and dried pork imports. A lengthy curing and drying period is required

at present for pork and pork products originating from countries with

SVD (see 9 CFR 94.17). The restriction for hog cholera is much shorter,

requiring that the meat be thoroughly cured and fully dried for a

period of not less than 90 days so that the product is shelf stable

without refrigeration (see 9 CFR 94.9).

A shorter and less costly curing and drying period for pork and

pork products could lead to Germany's increased participation in the

U.S. market, depending on the competitiveness of the market for

imported cured and dried pork and pork products. However, the impact

for U.S. importers and consumers is not expected to be significant. In

the fiscal year 1993-94, Germany exported 232 tons of prepared or

preserved pork to the United States, which amounted to only 0.25

percent of the total quantity imported into the United States. The

effect of this proposed rule on U.S. domestic prices or supplies or on

U.S. businesses, including small entities, is expected to be

negligible.

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, and 4332; 7 CFR 2.17, 2.51, and

371.2(d).

Sec. 94.12 [Amended]

2. In Sec. 94.12, paragraph (a) would be amended by adding

``Germany,'' immediately after ``Finland,''.

Sec. 94.13 [Amended]

3. In Sec. 94.13, the introductory text, the first sentence would

be amended by adding ``Germany,'' immediately after ``Denmark,''.

Done in Washington, DC, this 22nd day of August 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-21288 Filed 8-28-95; 8:45 am]

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