Change in Disease Status of the Czech Republic and Italy Because of Rinderpest and Foot-and-Mouth Disease

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 96-027-1]

Change in Disease Status of the Czech Republic and Italy 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 the Czech Republic and Italy free

of rinderpest and foot-and-mouth disease and to add these two countries

to the list of countries that, although declared free of rinderpest and

foot-and-mouth disease, are subject to special restrictions on the

importation of their meat and other animal products into the United

States. This proposed rule would remove the prohibition on the

importation into the United States, from the Czech Republic and Italy,

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

and would relieve restrictions on the importation of milk and milk

products from ruminants from these two countries. However, because the

Czech Republic and Italy are not declared to be free of certain

diseases of swine, including hog cholera and swine vesicular disease,

the importation from these countries of swine and fresh, chilled, and

frozen meat from swine would continue to be restricted.

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

before September 9, 1996.

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

Docket No. 96-027-1, 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. 96-027-1. 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,

Products Program, National Center for Import and Export, VS, APHIS,

4700 River Road Unit 40, Riverdale, MD 20737-1228, (301) 734-3399.

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 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.

[[Page 35988]]

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 these diseases.

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

if, among other things, there have been no cases of these diseases

reported there 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.

Rinderpest has not existed in the Czech Republic since 1881, and

vaccination for rinderpest has never occurred in the Czech Republic.

The last diagnosed case of FMD in the Czech Republic occurred in 1974,

and the government of the Czech Republic has prohibited vaccinations

for FMD since 1991. The last case of rinderpest in Italy occurred in

1949, and Italy has never used vaccinations for rinderpest. The last

outbreak of FMD in Italy occurred in 1993, and vaccinations for FMD in

that country ceased in 1991.

The Czech Republic and Italy have individually 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 governments of the Czech

Republic and Italy in support of their requests. The documentation

supplied separately by the Czech Republic and Italy included, among

other things, information about the capability of each country's

veterinary services, laboratory and diagnostic procedures, vaccination

practices, and the administration of laws and regulations to ensure

against the introduction into the Czech Republic and Italy of

rinderpest and FMD through the importation of live animals, meats, and

animal products.

Based on the information discussed above, we believe that the Czech

Republic and Italy qualify to be designated as free of rinderpest and

FMD. Therefore, we are proposing to add the Czech Republic and Italy to

the list in Sec. 94.1(a)(2) of countries declared free of rinderpest

and FMD. This action would remove the prohibition on the importation,

from the Czech Republic and Italy, of live ruminants and fresh,

chilled, or frozen meat from ruminants and would relieve restrictions

on the importation, from these two countries, of milk and milk products

from ruminants. The importation, from the Czech Republic and Italy, of

live swine and fresh, chilled, or frozen meat from swine would continue

to be restricted under 9 CFR part 94 because these countries have not

been declared free of hog cholera and swine vesicular disease, and also

because Italy has not been declared free of African swine fever.

Special Restrictions

We also propose to add the Czech Republic and Italy to the list in

Sec. 94.11(a) of countries declared free of rinderpest and FMD that are

subject to special 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 special 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; or (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.

Both the Czech Republic and Italy supplement their national meat

supplies 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. In addition, the Czech

Republic shares a common land border with Russia, and Italy shares a

common land border with Yugoslavia. Both Russia and Yugoslavia are

designated in Sec. 94.1(a)(1) as being countries in which rinderpest or

FMD exists. Furthermore, both Italy, as a member of the European Union,

and the Czech Republic import live ruminants and swine from countries

not recognized as being free of FMD under conditions less restrictive

than would be acceptable for importation into the United States. As a

result, even though we propose to designate the Czech Republic and

Italy as being free of rinderpest and FMD, the meat and other animal

products produced in these countries 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.

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

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

containing these meat or animal products imported into the United

States from the Czech Republic and Italy be subject to the restrictions

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

applicable requirements 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 and 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 certificate, issued by a full-time

salaried veterinary official of the national government of the

exporting country, assuring that the meat or other animal products have

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 would alter the restrictions placed upon imports

of live ruminants and meat, meat products, and dairy products derived

from ruminants from the Czech Republic and Italy. The regulations in 9

CFR part 94 describe prohibited and restricted importations due to

rinderpest, FMD, and other animal diseases. APHIS believes that the

Czech Republic and Italy meet the criteria for being recognized as free

of rinderpest and FMD. However, because the Czech Republic and Italy

share land borders and maintain trading relationships with FMD-affected

countries, imports into the United States of live ruminants and meat,

meat products, and dairy products derived from ruminants from the Czech

Republic and Italy would still be restricted under this proposed rule.

The proposed rule would not relieve any restrictions imposed on the

importation of swine and pork products because the Czech Republic and

Italy are still considered to be affected with hog cholera and swine

vesicular disease, and Italy is also considered to be affected with

African swine fever.

We anticipate that the quantity of imports of live cattle, sheep,

and goats from the Czech Republic and Italy into the United States

would be minimally affected by the proposed rule. Live cattle imports

would still be restricted due to the trade practices of the Czech

Republic and Italy and the fact that these countries share land borders

with FMD-affected countries. In addition, the cattle industries in the

Czech Republic and Italy are small relative to the enormous domestic

market. Cattle

[[Page 35989]]

inventories for 1994 were estimated to be 2.5 million head for the

Czech Republic, 7.5 million head for Italy, and over 100 million head

for the United States. Also, of the 2.5 million cattle and calves

imported into the United States in 1994, more than 99 percent were from

Canada and Mexico.

The population of sheep and goats in the Czech Republic is also

very small relative to that of the United States (less than 2.5 percent

of the size of the U.S. population in 1993). Italy has a sheep

population that is slightly higher than that of the United States (11.7

million head in Italy and 10.9 million head in the United States in

1993). However, Italy is a strong net importer of sheep and goats

(190,556 head imported and only 1,450 exported in 1993), while the

United States is a strong net exporter of sheep and goats (28,420 head

imported and 894,100 head exported in 1993). Of the few sheep that the

United States does import, more than 99 percent are from Canada and

Mexico.

The Czech Republic exports few live ruminants to the United States.

In 1994, less than 0.0001 percent of the total value of total U.S.

imports of live ruminants were from the Czech Republic. Italy exported

no live ruminants to the United States in 1994. In fact, the United

States did not import any cattle or sheep from the European Union in

1994. Neither Eastern nor Western Europe are usual sources of live

ruminants for the United States, and any increase in ruminant

importations from the Czech Republic or Italy prompted by this proposed

rule would likely be negligible. Therefore, the impact on small

domestic farmers of cattle, sheep, and goats would likely be minimal.

Czech production of beef, veal, mutton, and goat meat in 1994 was

about 2 percent of the size of U.S. production. Italian production of

beef, veal, mutton, and goat meat in 1994 was about 1.2 million metric

tons, or about 11 percent of the U.S. production of 11.3 million metric

tons. The United States imports very little in the way of ruminant meat

and ruminant meat products from Eastern or Western Europe in general.

Moreover, more than 88 percent of the imports of ruminant meat and

ruminant meat products that come into the United States are from

Australia, Canada, and New Zealand. It is unlikely that either the

Czech Republic or Italy would be willing or able to redirect a

significant portion of its ruminant meat production for export

exclusively to the United States as a result of the proposed rule,

given that restrictions would remain in place for imports into the

United States. Even if the Czech Republic were able to redirect its

entire production of these products for export to the United States,

this production was only one-fifth the size of total U.S. imports of

these products in 1994. Moreover, Italy is a significant net importer

of beef, veal, mutton, and other products such as offal and meat

extracts. Therefore, any effect of the proposed rule on domestic prices

or supplies would likely be negligible, and thus the impact on small

domestic producers would be minimal.

We also anticipate that the effect of the proposed rule on the

importation of dairy products from the Czech Republic and Italy would

be minimal. Czech production of dairy products is small relative to

that of the United States. In 1993, Czech dairy product production was

about 5 percent of the value of U.S. production. The United States

imports little in the way of dairy products from the Czech Republic or

from Eastern Europe in general. In 1994, U.S. imports of dairy products

were valued at $963.4 million; of this total, less than 5 percent

originated in Eastern Europe and less than 0.1 percent in the Czech

Republic. The Czech Republic is a significant producer and exporter of

butter. However, butter is already exempt from the provisions of 9 CFR

part 94 and thus would be unaffected by the proposed rule. For dairy

products in general, Italy is a significant net importer and not likely

to be willing or able to redirect a significant portion of its

production exclusively to the United States, which is a significant net

exporter. Italy's major dairy export to the United States is cheese.

Because solid cheeses are already exempt from the provisions of 9 CFR

part 94, there is no reason to believe that imports of cheese would

increase significantly due to this proposal. For these reasons and

given the fact that restrictions will remain in place, it is unlikely

that the proposed rule would significantly alter imports of dairy

products into the United States. Therefore, the impact on small

domestic dairy producers should be minimal.

Any effects of the proposed rule on importers of embryos, semen,

other genetic material, or breeding animals would also likely be

minimal. We anticipate that, if the proposal is made final for the

Czech Republic and Italy, there could be an initial increase in the

volume of these products flowing into the United States to diversify

the genetic composition of domestic cattle. (In particular, there has

been a great deal of interest expressed in obtaining genetic material

of beef cattle from Italy.) However, any temporary increase in volume

would most likely be small relative to total U.S. imports of these

products. The United States is a net exporter of both bovine semen and

cattle embryos. In 1994, the value of U.S. bovine semen and cattle

embryo imports was $4.3 million and $266,000, respectively, while U.S.

exports of bovine semen and cattle embryos were valued at $7.9 million

and $6.4 million, respectively. Given this trade balance and the size

differences between the U.S. and Czech and Italian cattle industries,

the amount imported of each type of genetic material would be minimal

and have a minimal impact on small domestic cattle producers.

In conclusion, declaring the Czech Republic and Italy free of

rinderpest and FMD would likely have a negligible impact on domestic

small entities. Imports from the Czech Republic and Italy of ruminants

and ruminant products would continue to be restricted. In addition, the

U.S. markets for these products are large relative to the Czech and

Italian markets, and Italy is a net importer of most of these products.

Under these conditions, it is unlikely that either the Czech Republic

or Italy would be willing or able to redirect a significant portion of

the production of these products exclusively to the United States.

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 section 3507(d) of the Paperwork Reduction Act

of 1995 (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). 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:

[[Page 35990]]

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 2.22, 2.80, and

371.2(d).

Sec. 94.1 [Amended]

2. In Sec. 94.1, paragraph (a)(2) would be amended by adding the

words ``Czech Republic,'' immediately after the words ``Costa Rica,''

and by adding the word ``Italy,'' immediately after the word

``Ireland,''.

Sec. 94.11 [Amended]

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

amended by adding the words ``Czech Republic,'' immediately after the

word ``Chile,'' and by adding the word ``Italy,'' immediately after the

word ``Hungary,''.

Done in Washington, DC, this 2nd day of July 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-17440 Filed 7-8-96; 8:45 am]

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