Changes in Disease Status of Belgium, France, Greece, Luxembourg, Portugal, and Spain

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 97-086-1]

Changes in Disease Status of Belgium, France, Greece, Luxembourg,

Portugal, and Spain

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Luxembourg and Portugal free of

rinderpest and foot-and-mouth disease; Greece free of rinderpest;

France, Greece, Luxembourg, and Spain free of exotic Newcastle disease;

Portugal free of African swine fever; and Belgium, France, and Portugal

free of swine vesicular disease. These proposed actions are based on a

request from the European Commission's Directorate General for

Agriculture and on our review of the supporting documentation supplied

with that request. These proposed actions would relieve some

restrictions on the importation into the United States of certain

animals and animal products from those countries. However, because of

the status of those countries with respect to other diseases, and

because of other factors that could result in a risk of introducing

animal diseases into the United States, the importation into the United

States of animals and animal products from those countries would

continue to be subject to certain restrictions.

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

before January 13, 1998.

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

Docket No. 97-086-1, 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. 97-086-1. 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 20737-1231, (301) 734-8695; or

e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94 (referred to below as the

regulations) prohibit or restrict the importation of specified animals

and animal products into the United States in order to prevent the

introduction of various animal diseases, including foot-and-mouth

disease (FMD), rinderpest, exotic Newcastle disease (END), African

swine fever (ASF), hog cholera, swine vesicular disease (SVD), and

bovine spongiform encephalopathy (BSE). These are dangerous and

destructive communicable diseases of ruminants, swine, and poultry.

In this document, we are proposing to declare Luxembourg and

Portugal free of FMD and rinderpest; Greece free of rinderpest; France,

Greece, Luxembourg, and Spain free of END; Portugal free of ASF; and

Belgium, France, and Portugal free of SVD. We are proposing these

actions in response to a request submitted to the Animal and Plant

Health Inspection Service (APHIS) in July 1997 by the European

Commission's (EC's) Directorate General for Agriculture. With its

request, the EC's Directorate General for Agriculture provided

supporting documentation that included 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 of the diseases of

concern into each country through the importation of live animals,

meats, and animal products.

Since this request was received and reviewed by APHIS, we have

published a final rule and policy statement in the Federal Register

that establish procedures for recognizing regions, rather than only

countries, for the purpose of importing animals and animal products

into the United States, and that establish procedures by which regions

may request permission to export animals and animal products to the

United States under specified conditions, based on the regions' disease

status (see 62 FR 56000-56033, October 28, 1997, Dockets 94-106-8 and

94-106-9). The final rule is scheduled to become effective on November

28, 1997. The request from the EC addressed by this proposed rule is

not a request to recognize regions, rather than countries, nor a

request to establish new import conditions based the disease status of

any region. Therefore, as we explained we would do in our final rule

and policy statement on regionalization, we have handled and evaluated

this request in the traditional framework of recognizing a country as

free or not free of a specified disease. If this proposed rule is

adopted, the current regulations regarding importation of animals and

animal products from regions ``free'' of a specified disease will

apply.

Luxembourg and Portugal Free of Rinderpest and FMD

Section 94.1(a)(1) of the regulations provides that rinderpest or

FMD exists in all regions of the world except those listed in

Sec. 94.1(a)(2), which have been declared to be free of those diseases.

The regulations in Sec. 94.1(b) prohibit, with certain specific

exceptions, the importation into the United States of any ruminant or

swine, or any fresh, chilled, or frozen meat of any ruminant or swine,

that is from any region where rinderpest or FMD exists, or that has

entered a port in or otherwise transited a region where rinderpest or

FMD exists. Furthermore, the regulations in Sec. 94.2 restrict the

importation of fresh, chilled, or frozen products other than meat, and

milk and milk products, of ruminants or swine that originate in or

transit a region where rinderpest or FMD exists. Additionally, the

importation of organs, glands, extracts, and secretions of ruminants or

swine originating in a region where rinderpest

[[Page 61037]]

or FMD exists is restricted under the regulations in Sec. 94.3, and the

importation of cured or cooked meat from a region where rinderpest or

FMD exists is restricted under the regulations in Sec. 94.4. Finally,

the regulations in 9 CFR part 98 restrict the importation of ruminant

and swine embryos and animal semen from a region where rinderpest or

FMD exists.

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

FMD if, among other things, there have been no cases of those 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 region for at least the previous 1-year period. There

has never been a reported case of rinderpest in Luxembourg or Portugal,

and the last reported cases of FMD in Luxembourg and Portugal occurred

in 1964 and 1984, respectively. Both Luxembourg and Portugal have

prohibited vaccinations for rinderpest and FMD since 1991.

We have reviewed the documentation submitted by the EC's

Directorate General for Agriculture in support of its request that

Luxembourg and Portugal be declared free of rinderpest and FMD. Based

on that documentation, we believe that Luxembourg and Portugal qualify

to be designated as free of rinderpest and FMD. Therefore, we are

proposing to add Luxembourg and Portugal to the list in Sec. 94.1(a)(2)

of regions declared free of rinderpest and FMD. This proposed action

would remove the rinderpest- and FMD-based prohibition on the

importation from Luxembourg and Portugal 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. However, the importation of fresh, chilled, or frozen

meat and edible products other than meat (excluding gelatin, milk, and

milk products) from ruminants that have been in Portugal would continue

to be restricted under Sec. 94.18 because Portugal is listed in

Sec. 94.18 as a region in which BSE exists. Additionally, the

importation from Luxembourg and Portugal of live swine and fresh,

chilled, or frozen meat from swine would continue to be restricted

under Sec. 94.9 of the regulations because these countries have not

been declared free of hog cholera.

We are also proposing to add Luxembourg and Portugal to the list in

Sec. 94.11(a) of regions 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 regions 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 regions that are designated

in Sec. 94.1(a) as infected with rinderpest or FMD; or (2) have a

common land border with regions designated as infected with rinderpest

or FMD; or (3) import ruminants or swine from regions designated as

infected with rinderpest or FMD under conditions less restrictive than

would be acceptable for importation into the United States.

Both Luxembourg and Portugal supplement their national meat

supplies by the importation of fresh, chilled, or frozen meat of

ruminants and swine from regions designated in Sec. 94.1(a)(1) as

regions in which rinderpest or FMD exists. Furthermore, both Luxembourg

and Portugal import live ruminants and swine from regions 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 Luxembourg and Portugal 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 region in which rinderpest or 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 Luxembourg and Portugal be subject to the restrictions

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

applicable requirements of the U.S. Department of Agriculture's Food

Safety and Inspection Service (FSIS) 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 that is responsible for the health of the animals

within the exporting region, 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

region where rinderpest or FMD exists.

Greece Free of Rinderpest

Although Greece does not appear to qualify to be declared free of

both rinderpest and FMD, the EC's Directorate General for Agriculture

has requested that Greece be declared free of rinderpest. As noted

above with regard to both rinderpest and FMD, we will consider

declaring a region to be free of rinderpest if, among other things,

there have been no cases of the disease reported there for at least the

previous 1-year period and no vaccinations for rinderpest have been

administered to swine or ruminants in that region for at least the

previous 1-year period. There has not been a reported case of

rinderpest in Greece since 1926, and vaccinations for that disease have

been prohibited in Greece since 1991.

We have reviewed the documentation submitted by the EC's

Directorate General for Agriculture in support of its request that

Greece be declared free of rinderpest. Based on that documentation, we

believe that Greece qualifies to be designated as free of rinderpest.

We are, therefore, proposing to amend Sec. 94.1(a) to designate Greece

as a region free of rinderpest. To do so, we are proposing to add a new

paragraph Sec. 94.1(a)(3) in which Greece's status as a region free of

rinderpest would be designated.

However, because Greece would be declared free of rinderpest only,

and not FMD, the prohibitions and restrictions found in Secs. 94.1(b),

94.2, 94.3, and 94.4 on the importation from Greece of ruminants and

swine, and fresh, chilled, or frozen meat of ruminants and swine;

products other than meat; milk and milk products; organs, glands,

extracts, and secretions; and cured or cooked meat of ruminants or

swine would continue to apply.

France, Greece, Luxembourg, and Spain Free of END

Section 94.6(a)(1) of the regulations provides that END is

considered to exist in all regions of the world except those listed in

Sec. 94.6(a)(2), which have been declared to be free of END. The

importation into the United States of any carcasses, or parts or

products of carcasses, of poultry, game birds, or other birds that are

from a region where END is considered to exist, or that have been

imported from or moved into or through any region where END is

considered to exist, is subject to the restrictions contained in

Sec. 94.6(c). In addition, the importation into the United States of

eggs (other than hatching eggs) laid by poultry, game birds, or other

birds that are from a region where END or Salmonella

[[Page 61038]]

enteritidis (SE) phage-type 4 is considered to exist or that have been

imported from or moved into or through any region where END or SE

phage-type 4 is considered to exist is subject to the restrictions

contained in Sec. 94.6(d). Poultry eggs for hatching imported from a

region where END exists must be quarantined in accordance with

Sec. 93.209(b).

We will consider declaring a region to be free of END if there have

been no reported cases of the disease in that region for at least the

previous 1-year period. There has been no documented case of END in

France, Greece, or Spain during the reporting period that began in

1994, and there has been no reported case of END in Luxembourg since

1995.

APHIS has reviewed the documentation submitted by the EC's

Directorate General for Agriculture in support of its request that

France, Greece, Luxembourg, and Spain be declared free of END. Based on

that documentation, we believe that France, Greece, Luxembourg, and

Spain qualify to be designated as free of END. Therefore, we are

proposing to amend Sec. 94.6(a)(2) by adding France, Greece,

Luxembourg, and Spain to the list of regions declared free of END. This

proposed action would relieve the restrictions of Sec. 94.6(c) on the

importation of carcasses, or parts or products of carcasses, of

poultry, game birds, or other birds from those countries, and would

relieve the END-specific restrictions of Sec. 94.6(d)(1)(ix) on the

importation of eggs (other than hatching eggs) laid by poultry, game

birds, or other birds from those countries. This proposed action would

also relieve the quarantine requirements of Sec. 93.209(b) for poultry

hatching eggs imported from France, Greece, Luxembourg, and Spain.

Portugal Free of ASF

Section 94.8 of the regulations states that ASF exists or is

reasonably believed to exist in all the regions of Africa; in Brazil,

Cuba, Haiti, Malta, and Portugal; and on the island of Sardinia, Italy.

Paragraph (a) of Sec. 94.8 provides that no pork or pork products may

be imported into the United States from a region where ASF exists

unless the pork or pork product meets certain specified conditions.

Also, Sec. 94.17 provides, in part, that dry-cured pork products may be

imported into the United States from a region where ASF exists if the

dry-cured pork products meet the conditions specified in that section.

In addition to the restrictions on pork and pork products contained

in the regulations in part 94, live domestic swine from a region where

ASF exists may not be imported into the United States because the

regulations in 9 CFR 93.505(a) require, among other things, that live

domestic swine be accompanied by a certificate showing that the entire

region of origin of the swine is free of ASF and other specified

diseases. The importation of swine casings from regions where ASF

exists is likewise prohibited by 9 CFR 96.2(a) unless the swine casings

originated in a region free of ASF and were processed in the region

where ASF exists at a facility that meets the criteria of

Sec. 94.8(a)(3)(iv) of the regulations.

We will consider declaring a region free of ASF if there have been

no reported cases of the disease in that region for at least the

previous 1-year period. The last case of ASF in Portugal occurred in

1993.

APHIS has reviewed the documentation submitted by the EC's

Directorate General for Agriculture in support of its request that

Portugal be declared free of ASF. Based on that documentation, we

believe that Portugal qualifies to be designated as free of ASF.

Therefore, we are proposing to amend Sec. 94.8 by removing Portugal

from the list of regions in which ASF exists or is reasonably believed

to exist. This proposed action would result in the importation of pork

and pork products from Portugal no longer being subject to the

restrictions found in Sec. 94.8 of the regulations. Another effect of

this proposed action would be that the importation of swine casings

that originated in or were processed in Portugal would no longer be

subject to the restrictions in 9 CFR 96.2(a).

However, Portugal is still considered to be affected with hog

cholera, so the importation of pork and pork products from Portugal

would remain subject to the restrictions in Sec. 94.9 for hog cholera.

Similarly, the importation of dry-cured pork products from Portugal

would continue to be subject to the regulations in Sec. 94.17 due to

hog cholera. In addition, the importation of pork and pork products

from Portugal would continue to be subject to the restrictions in

Sec. 94.11 because, as discussed above with respect to our proposal to

declare Portugal free of rinderpest and FMD, Portugal would be listed

in Sec. 94.11(a) as a region that has been declared free of rinderpest

and FMD, but from which the importation of all meat and other animal

products is restricted due to the nature of its requirements for

importing animal products from with regions affected with rinderpest or

FMD or because they have a common land border with a region affected

with rinderpest or FMD. Finally, declaring Portugal free of ASF would

not relieve any of the current restrictions in 9 CFR part 93 on the

importation into the United States of live swine from Portugal because

Portugal remains affected with hog cholera.

Belgium, France, and Portugal Free of SVD

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

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

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

(b) of Sec. 94.12 provides that no pork or pork products may be

imported into the United States from a region where SVD exists unless

the pork or pork product meets certain specified conditions and is not

otherwise prohibited importation into the United States by the

regulations.

We will consider declaring a region to be free of SVD if there have

been no reported cases of the disease in that region for at least the

previous 1-year period. The last cases of SVD in Belgium, France, and

Portugal were reported in 1993, 1983, and 1995, respectively.

APHIS has reviewed the documentation submitted by the EC's

Directorate General for Agriculture in support of its request that

Belgium, France, and Portugal be declared free of SVD. Based on that

documentation, we believe that Belgium, France, and Portugal qualify to

be designated as free of SVD. Therefore, we are proposing to amend

Sec. 94.12(a) by adding Belgium, France, and Portugal to the list of

regions declared free of SVD. This proposed action would relieve

certain restrictions on the importation of pork and pork products from

those countries.

However, Belgium, France, and Portugal are still considered to be

affected with hog cholera, so pork and pork products from those

countries offered for importation into the United States would remain

subject to the restrictions in Sec. 94.9 for hog cholera. The

importation of live swine, except for wild swine, from Belgium, France,

and Portugal would likewise continue to be prohibited due to hog

cholera in accordance with Sec. 94.10. Similarly, dry-cured pork

products from Belgium, France, and Portugal would continue to be

subject to the regulations in Sec. 94.17 due to hog cholera. In

addition, pork and pork products from Belgium, France, and Portugal

would continue to be subject to the restrictions in Sec. 94.11 because

Belgium, France, and Portugal are among the regions listed (or, in the

case of Portugal, would be listed) in Sec. 94.11(a) that have been

declared free of rinderpest and FMD, but from which the importation of

all meat and other

[[Page 61039]]

animal products is restricted due to the nature of their requirements

for importing animal products from regions affected with rinderpest or

FMD or because they have a common land border with a region affected

with rinderpest or FMD. (Portugal is not currently on the list in

Sec. 94.11(a), but, as discussed above, we are proposing to add

Portugal to that list as part of our proposal to declare Luxembourg and

Portugal free of rinderpest and FMD.)

We are also proposing to amend Sec. 94.13 by adding Belgium,

France, and Portugal to the list of regions that have been declared

free of SVD, but from which the importation of pork and pork products

is restricted. The regions listed in Sec. 94.13 are subject to these

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

importing fresh, chilled, or frozen pork from regions where SVD is

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

considered to exist; or (3) have certain import requirements that are

less restrictive than are acceptable to the United States.

Belgium, France, and Portugal all supplement their national pork

supplies by importing fresh, chilled, or frozen pork from regions where

SVD is considered to exist. In addition, France has a common land

border with Italy, which is designated in Sec. 94.12(a) as a region

where SVD exists. Furthermore, Belgium, France, and Portugal have

certain import requirements that are less restrictive than are

acceptable to the United States. As a result, even though Belgium,

France, and Portugal appear to qualify for designation as regions free

of SVD, there is potential for pork and pork products produced in

Belgium, France, and Portugal to be commingled with fresh, chilled, or

frozen pork from a region where SVD exists. This potential for

commingling constitutes an undue risk 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 Belgium, France, or

Portugal be subject to the restrictions specified in Sec. 94.13 of the

regulations and to the applicable requirements contained in the FSIS

regulations at 9 CFR chapter III. Section 94.13 requires, in part, that

pork and pork products, except those treated in accordance with

Sec. 94.12(b), 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 and a certification issued by a full-time

salaried veterinary official of the national government that is

responsible for the health of the animals within the exporting region,

stating that certain precautions have been taken 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 region in

which SVD is considered to exist.

Miscellaneous

In Secs. 94.3 and 94.4, reference is made to articles ``originating

in any region designated in Sec. 94.1.'' Although the intent of those

sections is to restrict the importation of certain articles from

regions where rinderpest or FMD exists, the phrase ``designated in

Sec. 94.1'' could also be interpreted as referring to those regions

declared free of rinderpest and FMD, since those regions are listed in

Sec. 94.1(a)(2). To make the intent of those two sections clear, we are

proposing to amend those sections so that they refer to ``regions where

rinderpest or foot-and-mouth disease exists, as designated in

Sec. 94.1.'' We would also amend Secs. 94.1(c) and 94.11(a), where

reference is made to Sec. 94.1(a); for the sake of accuracy, those

paragraphs should specifically refer to Sec. 94.1(a)(2).

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

declaring Luxembourg and Portugal free of rinderpest and FMD; Greece

free of rinderpest; France, Greece, Luxembourg, and Spain free of END;

Portugal free of ASF; and Belgium, France, and Portugal free of SVD.

Pork and Pork Products and Swine

Although this proposed rule would declare Luxembourg and Portugal

free of rinderpest and FMD; Greece free of rinderpest; Belgium, France,

and Portugal free of SVD; and Portugal free of ASF, all those countries

are still considered affected with hog cholera, and Greece is still

considered to be affected with FMD. Because of this, this proposed rule

would not lead to any substantive relaxation of restrictions imposed on

the importation of pork and pork products and live swine from those

countries, as these products would continue to be restricted based on

the presence of hog cholera and, in the case of Greece, FMD. Therefore,

the effect of this proposed rule on the importation of pork and pork

products and live swine would be minimal, and thus the potential impact

on the domestic producers of pork and pork products and swine would be

minimal.

Ruminants and Ruminant Products

This proposed rule would declare Greece free of rinderpest, but

that country is still considered to be affected with FMD. Similarly,

Portugal would be declared free of rinderpest and FMD, but that country

is still considered to be affected with BSE. Because imports of

ruminants and ruminant products from regions with FMD and BSE are

restricted, this proposed rule would not lead to a substantive change

in the restrictions imposed on the importation of ruminants and

ruminant products from Greece and Portugal.

By declaring Luxembourg free of rinderpest and FMD, this proposed

rule would reduce the restrictions placed on the importation of

ruminants and ruminant products from Luxembourg. However, that proposed

change in disease status should have a minimal effect on the amount of

ruminants and ruminant products imported into the United States from

Luxembourg.

The cattle industry in Luxembourg is very small relative to the

U.S. domestic market. Cattle and buffalo inventories for 1996 were more

than 103 million head in the United States (``Agricultural

Statistics,'' 1997), compared to fewer than 3.4 million in Belgium and

Luxembourg (those two nations are reported collectively in the United

Nations' Food and Agriculture Organization (FAO) Yearbook). Also, of

the 2 million cattle and calves that were imported into the United

States in 1996, more than 99 percent were from Canada and Mexico. Sheep

and goat inventories are also much smaller in Luxembourg than in the

United States. According to the FAO, there were 8.9 million sheep and 2

million goats in the U.S. in 1995, as opposed to 150,000 sheep and

9,000 goats in Belgium and Luxembourg. The United States is also a

strong net exporter of sheep and goats, with 48,792 head imported and

397,395 head exported in 1996 (``World Trade Atlas,'' June 1997). Of

the sheep that the United States does import, more than 99 percent are

from Canada and Mexico (``World Trade Atlas,'' June 1997). Luxembourg

exported no live ruminants to the United States in 1996. In fact, there

were fewer than 100 cattle, sheep and goats imported from the European

Union in 1996. Western Europe is not a significant source of live

ruminants for the United States, and any importation of live ruminants

from Luxembourg as

[[Page 61040]]

a result of this proposed rule likely would be negligible.

The effect of this proposed rule on the importation of ruminant

meat and meat products should also be minimal. The 1995 production of

beef, veal, mutton, lamb and goat meat for Belgium and Luxembourg was

approximately 3 percent of the U.S. production of 11.6 million metric

tons for that year (``FAO Yearbook,'' 1995). The United States imports

only a small portion of its overall supply of these products, an amount

equal to about 6 percent of production. In addition, the United States

imports very little ruminant meat and meat products from Luxembourg or

from Western Europe in general. Moreover, nearly 85 percent of the

imports that come into the United States are from Australia, Canada,

and New Zealand. Because we believe that it is unlikely that Luxembourg

would export a significant portion of its comparatively small meat

production exclusively to the United States, any effect on domestic

prices or supplies would likely be negligible.

The importation of dairy products from Luxembourg into the United

States should be at most minimally affected by this proposed rule.

Dairy product production in Luxembourg is small relative to that of the

United States. Milk production in Belgium and Luxembourg was less than

5 percent the size of U.S. production in 1995 (``FAO Yearbook,'' 1995).

For dairy products in general, we believe that it is unlikely that

Luxembourg would redirect a significant portion of its production

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

of those products. Belgium and Luxembourg do export significant

quantities of butter and dried milk, but those products may currently

be exported to the United States under the current regulations.

Therefore, the impact on domestic dairy producers should be minimal.

The potential effect of this proposed rule on the importation into

the United States of ruminant embryos and animal semen would also

likely be minimal. The United States is a net exporter of both bovine

semen and cattle embryos. In 1996, the value of U.S. bovine semen and

cattle embryo imports was $7.7 million and $701,000, respectively,

while the value of U.S. exports of bovine semen and cattle embryos was

$63.1 million and $12.6 million respectively (``World Trade Atlas,''

June 1997). Given this trade balance and the size difference between

the cattle industries of the United States and Luxembourg, the amount

imported of each will likely be minimal.

Bird and Poultry Products

The proposed rule would declare France, Greece, Luxembourg, and

Spain free of END. This proposed action would relieve restrictions on

the importation of carcasses, or parts or products of carcasses, of

poultry, game birds, or other birds from those countries, and would

relieve certain restrictions on the importation of eggs (other than

hatching eggs) laid by poultry, game birds, or other birds from those

countries. This proposed action would also relieve the quarantine

requirements for poultry hatching eggs imported from France, Greece,

Luxembourg, and Spain.

Egg production in those four countries is considerable: In 1995,

the reported egg production in Belgium and Luxembourg was 3,858

million; in France, 16,911 million; in Greece, 2,600 million; and in

Spain, 9,983 million (``Agriculture Statistics,'' 1997). U.S.

production is also large, 74,280 million in 1995. In addition, the U.S.

imports few eggs, with the total amount being equal to less than 0.1

percent of U.S. production. We believe that it is unlikely that these

countries would redirect a significant portion of their production

toward such a small U.S. import market.

Total poultry meat production in France, Greece, Luxembourg, and

Spain in 1995 was about 3.5 million metric tons, or about 26 percent

the size of U.S. production of 13.8 million metric tons. However, the

United States is a very strong net exporter of poultry meat, with

imports of only 3,546 metric tons and exports of more than 2 million

metric tons in 1996 (``World Trade Atlas,'' June 1997). Very few of the

imports are from western Europe. Moreover, more than 99 percent of U.S.

poultry meat imports originated in Canada. We do not expect that these

countries would redirect a significant amount of poultry meat toward

such a small U.S. import market.

Impact on Small Entities

The Regulatory Flexibility Act requires that the Agency

specifically consider the economic impact associated with the proposed

rule on small entities. Those likely to be affected by this proposed

rule are those entities engaged in the production of live swine, pork

and pork products, live ruminants, meat, meat products, and dairy

products derived from ruminants, and poultry products.

The Small Business Administration's (SBA's) definition of a

``small'' cattle, swine, or poultry farm is one whose total sales is

less than $0.5 million annually. In 1992, 97.8 percent of cattle and

calf farms would be considered small entities. The vast majority of the

domestic hog and pig farms qualify as small entities (96.3 percent in

1992). Eighty-seven percent of poultry farms would be considered small

entities in 1992 (``1992 Census of Agriculture,'' U.S. Department of

Commerce, 1993).

The SBA's guidelines state that a ``small'' producer of poultry

meat (Standard Industrial Classification (SIC) 2015, poultry

slaughtering and processing) is one employing fewer than 500 workers.

In 1992, 74 percent of 591 poultry slaughtering and processing

establishments were considered small entities. These small entities

accounted for approximately 30 percent of the total value of shipments

of the industry, $7.2 billion.

The SBA's guidelines state that a ``small'' producer of pork and

ruminant products (part of SIC 2011 or 2013, meat packing plants) is

one employing fewer than 500 workers. In 1992, 97 percent of the 1,367

meat packing establishments in SIC 2011 were considered small entities.

These small establishments accounted for approximately 40 percent of

the total value of shipments of the industry, $50.4 billion. Ninety-

eight percent of the 1,264 establishments in SIC 2013 were considered

small entities in 1992. These producers accounted for 84 percent of the

total value of shipments of the industry, $19.97 billion.

Although the majority of the domestic entities potentially affected

by this proposed rule are small, there should be only a minimal change

in the level of imports that may compete with the output of these small

entities, and thus there would be a minimal impact on any domestic

producer of these products, whether small or large.

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 12988

This proposed rule has been reviewed under Executive Order 12988,

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

This proposed rule contains no new information collection or

recordkeeping requirements under the Paperwork

[[Page 61041]]

Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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), EXOTIC 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).

2. Section 94.1 would be amended as follows:

a. In paragraph (a)(1), the words ``or (a)(3)'' would be added

immediately after the words ``paragraph (a)(2)''.

b. In paragraph (a)(2), the word ``Luxembourg,'' would be added

immediately after the word ``Japan,'' and the word ``Portugal,'' would

be added immediately after the word ``Poland,'';

c. A new paragraph (a)(3) would be added to read as set forth

below.

d. In the introductory text of paragraph (c), the words ``paragraph

(a) of'' would be removed and the words ``paragraph (a)(2) of'' would

be added in their place.

Sec. 94.1 Regions where rinderpest or foot-and-mouth disease exists;

importations prohibited.

(a) * * *

(3) The following regions are declared to be free of rinderpest:

Greece.

* * * * *

Sec. 94.3 [Amended]

3. Section 94.3 would be amended by adding the words ``where

rinderpest or foot-and-mouth disease exists, as'' immediately before

the word ``designated''.

Sec. 94.4 [Amended]

4. In Sec. 94.4(a), the introductory text of the paragraph would be

amended by adding the words ``where rinderpest or foot-and-mouth

disease exists, as'' immediately before the word ``designated''.

Sec. 94.6 [Amended]

5. In Sec. 94.6, paragraph (a)(2) would be amended by adding the

words ``France, Greece,'' immediately after the word ``Finland,''; by

adding the word ``Luxembourg,'' immediately after the word

``Iceland,''; and by adding the word ``Spain,'' immediately after the

words ``Republic of Ireland,''.

Sec. 94.8 [Amended]

6. In Sec. 94.8, the introductory text of the section would be

amended by removing the words ``Malta, and Portugal'' and adding in

their place the words ``and Malta''.

Sec. 94.11 [Amended]

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

amended by adding the word ``Luxembourg,'' immediately after the word

``Japan,''; by adding the word ``Portugal,'' immediately after the word

``Poland,''; and by removing the reference ``Sec. 94.1'' and adding the

reference ``Sec. 94.1(a)(2)'' in its place.

Sec. 94.12 [Amended]

8. In Sec. 94.12, paragraph (a) would be amended by adding the word

``Belgium,'' immediately after the words ``The Bahamas,''; by adding

the word ``France,'' immediately after the word ``Finland,''; and by

adding the word ``Portugal,'' immediately after the word ``Panama,''.

Sec. 94.13 [Amended]

9. In Sec. 94.13, the introductory text of the section would be

amended by adding the word ``Belgium,'' immediately after the words

``The Bahamas,''; by adding the word ``France,'' immediately after the

word ``Denmark,''; and by adding the word ``Portugal,'' immediately

after the words ``Northern Ireland,''.

Done in Washington, DC, this 12th day of November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-30105 Filed 11-13-97; 8:45 am]

BILLING CODE 3410-34-P