[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44524-44526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16682]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-059-2]
Change in Disease Status of Greece With Regard to Foot-and-Mouth
Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations to add Greece to the list of
regions that are considered free of rinderpest and foot-and-mouth
disease. We are taking this action because we have determined that
Greece is now free of foot-and-mouth disease. We are also adding Greece
to the list of regions that are subject to certain import restrictions
on meat or meat products because of their proximity to or trading
relationships with rinderpest-or foot-and-mouth-disease-affected
regions. These actions update the disease status of Greece with regard
to foot-and-mouth disease while continuing to protect the United States
from an introduction of this disease by providing additional
requirements for any meat and meat products imported into the United
States from Greece.
EFFECTIVE DATE: July 18, 2002.
FOR FURTHER INFORMATION CONTACT: Dr. Anne Goodman, Supervisory Staff
Officer, Regionalization Evaluation Services Staff, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) govern the importation of certain animals and animal
products into the United States in order to prevent the introduction of
various diseases, including rinderpest, foot-and-mouth disease (FMD),
African swine fever, hog cholera, and swine vesicular disease. These
are dangerous and destructive communicable diseases of ruminants and
swine. Section 94.1 lists regions of the world that are declared to be
free of rinderpest or free of both rinderpest and FMD. The Animal and
Plant Health Inspection Service (APHIS) considers rinderpest or FMD to
exist in all parts of the world not listed. Section 94.11 of the
regulations lists regions of the world that APHIS has determined to be
free of rinderpest and FMD, but that are subject
[[Page 44525]]
to certain restrictions because of their proximity to or trading
relationships with rinderpest-or FMD-affected regions.
On March 21, 2002, we published in the Federal Register (67 FR
13105-13108, Docket No. 01-059-1) a proposal to amend the regulations
to add Greece to the list in Sec. 94.1(a) of regions that are
considered free of rinderpest and FMD while removing Greece from the
list of regions considered free of rinderpest only, also contained in
Sec. 94.1(a). In that document, we also proposed to add Greece to the
list in Sec. 94.11(a) of regions declared free of rinderpest and FMD,
but that are subject to certain import restrictions on meat and meat
products because of their proximity to or trading relationships with
rinderpest-or FMD-affected countries.
We solicited comments concerning our proposal for 60 days ending
March 20, 2002. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
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 adds Greece
to the list of regions considered free of rinderpest and FMD. We have
determined that approximately 2 weeks are needed to ensure that APHIS
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
effective 15 days after publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the regulations to add Greece to the list of
regions that are considered free of rinderpest and FMD. We are taking
this action because we have determined that Greece is now free of FMD.
We are also adding Greece to the list of regions that are subject to
certain restrictions because of their proximity to or trading
relationships with rinderpest- or FMD-affected countries. These actions
update the disease status of Greece with regard to FMD while continuing
to protect the United States from an introduction of rinderpest and FMD
by providing additional requirements for any meat and meat products
imported into the United States from Greece.
The following analysis addresses the potential economic effects of
this rule as required by the Regulatory Flexibility Act.
From an economic standpoint, this rule is likely to have little or
no impact on U.S. animal stock and commodities. There are two reasons.
First, this rule will not remove other disease-based restrictions on
the importation of ruminants or swine (and certain meat and other
products from those animals) from Greece into the United States.
Because bovine spongiform encephalopathy is considered to exist in
Greece, the importation of ruminants and meat, meat products, and
certain other products of ruminants that have been in Greece is
prohibited. Furthermore, because hog cholera (also known as classical
swine fever) and swine vesicular disease are also considered to exist
in Greece, the importation of swine from that region into the United
States is prohibited, and the importation of pork and pork products is
subject to restrictions.
Second, it appears unlikely that the volume of animals and animal
products that will be eligible for importation into the United States
from Greece under this rulemaking will be sufficient to have a
significant impact on the U.S. market. In 2000, Greece produced 287,765
metric tons of beef, veal, mutton, lamb, and pig meat, representing
less than 1.5 percent of the comparable U.S. production that year.
Similarly, Greece's production of whole, fresh cow milk was 770,000
metric tons, only 1 percent of the comparable U.S. production during
that period. Finally, in 1999, live cattle and pig stock in Greece was
1,510,000 head, less than 1 percent of the comparable stock in the
United States that year.\1\
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\1\ Food and Agriculture Organization of the United States.
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Besides cow milk, Greece also produces sheep and goat milk. In
2000, Greece produced 670,000 metric tons of sheep milk and 450,000
metric tons of goat milk. However, there appears to be no significant
market in the United States for those commodities, or products made
from them, such as cheese, as evidenced by the fact that no sheep or
goat milk or cheese is commercially produced in the United States, and
U.S. imports of those commodities are relatively minor. In 1999, for
example, U.S. imports of cheese made from sheep and goat milk from all
countries totaled 32,505 metric tons, less than 1 percent of the total
U.S. cheese production.
In 1999, the stock of live sheep and goats in Greece was 14,276,000
head, or 66 percent more than the comparable stock in the United States
that year. Here again, however, there appears to be no significant
market in the United States for those animals, as evidenced by the fact
that the United States imported only 53,165 live sheep and goats from
all countries in 1999, which represents less than 1 percent of the
sheep and goat stock in the United States that year and less than 1
percent of U.S. imports of all live animals from all countries in
1999.\2\
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\2\ Food and Agricultural Organization of the United Nations.
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Entities potentially affected by this rule include U.S. import
brokers, agents, and others involved in the sale of animals or animal
products from Greece that will no longer be prohibited, or that will be
possible to import under less restrictive conditions than they were
prior to this rulemaking. The number and size of entities that will be
directly involved in the importation and sale of such animals or animal
products from Greece is unknown, but it is likely that these entities
will be small, based on the U.S. Small Business Administration's (SBA)
size standards.\3\ Given the disease-based restrictions discussed
previously that will remain in place and the minimal level of U.S.
imports of animals and animal products that will be eligible for
importation from Greece, we expect that declaring Greece free of FMD
will have only a negligible effect on U.S. entities, large or small.
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\3\ The overwhelming majority of U.S. business entities are
small under the SBA's standards.
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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 12988
This final rule has been reviewed under Executive Order 12988,
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
This final rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
[[Page 44526]]
Lists 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, we are amending 9 CFR part 94 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 continues to read as follows:
Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754;
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 371.4.
Sec. 94.1 [Amended]
2. Section 94.1 is amended as follows:
a. In paragraph (a)(2), by adding, in alphabetical order, the word
``Greece,''.
b. In paragraph (a)(3), by removing the words ``Greece and the''
and adding the word ``The'' in their place.
Sec. 94.11 [Amended]
3. In Sec. 94.11, paragraph (a), the first sentence is amended by
adding, in alphabetical order, the word ``Greece,''.
Done in Washington, DC, this 27th day of June, 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-16682 Filed 7-2-02; 8:45 am]
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