21428 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

Article by HTS note number

Annual supplementary

quota

(kilograms)

Austria ........................................................................................................................................................................................... 18,333

EC ................................................................................................................................................................................................. 58,333

Sweden ......................................................................................................................................................................................... 150,000

Switzerland ................................................................................................................................................................................... 16,666

Czech Republic ............................................................................................................................................................................ 400,000

Hungary ........................................................................................................................................................................................ 400,000

*Issuance of licenses and quota quantities are conditioned on completion of a bilateral memorandum of understanding between the Governments of the United States and Poland.

Signed at Washington, D.C., on April 21,

1995.

Richard E. Rominger,

Acting Secretary of Agriculture.

[FR Doc. 95–10712 Filed 4–27–95; 12:36 pm]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 94–107–2]

Switzerland; Change in Disease Status

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are declaring Switzerland

free of rinderpest, foot-and-mouth

disease, and Exotic Newcastle disease

(VVND). As part of this action, we are

adding Switzerland to the lists of

countries that, although declared free of

rinderpest, foot-and-mouth disease, and

VVND, are subject to restrictions on

meat and other animal products offered

for importation into the United States.

This rule removes the prohibition on the

importation of ruminants and fresh,

chilled, and frozen meat of ruminants

into the United States from Switzerland,

although those importations will be

subject to certain restrictions. This rule

also relieves certain prohibitions and

restrictions on the importation, from

Switzerland, of milk and milk products

of ruminants and of certain poultry and

poultry products.

EFFECTIVE DATE: May 17, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Kathleen Akin, Senior Staff

Veterinarian, Import/Export Products,

National Center for Import and Export,

VS, APHIS, Suite 3B05, 4700 River Road

Unit 40, Riverdale, MD 20737–1231,

(301) 734–7830.

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 in order to prevent the

introduction into the United States of

various animal diseases, including

rinderpest, foot-and-mouth disease

(FMD), and Exotic Newcastle disease

(VVND). FMD and rinderpest are

dangerous and destructive

communicable diseases of ruminants

and swine. VVND is a contagious,

infectious, and communicable disease of

poultry.

On February 2, 1995, we published in

the Federal Register (60 FR 6454–6456,

Docket No. 94–107–1) a proposal to

amend the regulations by adding

Switzerland to the list in § 94.1(a)(2) of

countries declared free of both

rinderpest and FMD and to the list in

§ 94.6(a)(2) of countries declared free of

VVND. In that document, we also

proposed to add Switzerland to the list

in § 94.11(a) of countries that, although

declared free of rinderpest and FMD, are

subject to special restrictions on the

importation of their meat and other

animal products into the United States.

We solicited comments concerning

our proposal for 60 days ending April 3,

1995. We did not receive any comments.

The facts presented in the proposed rule

still provide the basis for this final 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 of ruminants and fresh,

chilled, and frozen meat of ruminants

into the United States from Switzerland

and relieves restrictions on the

importation from Switzerland of milk

and milk products of ruminants and

certain poultry and poultry products.

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 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 final rule amends the regulations

in part 94 by adding Switzerland to the

list of countries declared free of

rinderpest and FMD and to the list of

countries declared free of VVND. This

action will remove the prohibition on

the importation of ruminants and fresh,

chilled, and frozen meat of ruminants

into the United States from Switzerland,

although those importations will be

subject to certain restrictions. This

revision will also relieve restrictions on

the importation from Switzerland of

milk and milk products of ruminants

and certain poultry and poultry

products. This action will not relieve

certain restrictions on the importation of

live swine and fresh, chilled, and frozen

meat of swine from Switzerland because

Switzerland is still considered to be

affected with hog cholera. Similarly,

this action will not relieve certain

restrictions on the importation from

Switzerland, of ruminant meat and

edible products from ruminants because

bovine spongiform encephalopathy

(BSE) exists in Switzerland.

Based on available information, the

Department does not anticipate a major

increase in exports of ruminants and

fresh, chilled, or frozen meat of

ruminants or poultry from Switzerland

into the United States as a result of this

final rule.

The primary effects due of this change

in the regulations will be limited to

bovine meat and prepared products,

since swine and swine products are

excluded because of restrictions due to
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21429

hog cholera, live cattle and breeding

material are excluded due to BSE, and

there is no sheep, lamb, or goat

production in Switzerland (USDA,

National Agricultural Statistics Service

(NASS), ‘‘Agricultural Statistics,’’ 1993).

Commencement of such production is

not expected due to the regulation

change. The impact of increased beef

imports resulting from the regulation

changes will likely be minimal because

the cattle industry in Switzerland is

relatively small and high cost compared

to the United States domestic market.

Cattle inventories in Switzerland were

estimated to be about 1.78 million head

in 1993, while U.S. inventories were

over 101 million head in 1993 (USDA,

Foreign Agricultural Service,

Switzerland’s Annual Livestock Report,

August 8, 1994, and USDA, NASS,

‘‘Agricultural Statistics,’’ 1993).

Due to current restrictions, the United

States does not import any uncooked

meat or meat products from

Switzerland. Total meat production in

the United States in 1992 was just under

18.587 million metric tons, while Swiss

meat production in 1992 reached

approximately 429,000 metric tons,

about 2.3 percent of the United States

total (USDA, National Agricultural

Statistics Service, ‘‘Agricultural

Statistics,’’ 1993). Therefore, even if

Switzerland exported a significant

portion of its meat production

exclusively to the United States, which

is unlikely, the effect of those exports on

United States domestic prices or

supplies would be negligible.

As with the ruminants and meat

products discussed above, the

Department does not anticipate a major

increase in exports of milk and milk

products from Switzerland into the

United States as a result of this final

rule. The importation into the United

States of all dairy products, except for

casein and other caseinates, is restricted

by quotas. Although the importation of

casein into the United States is not

regulated by quotas, world prices of

casein are competitively set. The United

States does not produce casein, but does

import more than half of the casein

produced in the world. The regulations

currently allow casein and other

caseinates to be imported into the

United States from countries where

rinderpest or FMD exists if the importer

has applied for and obtained written

permission from the Administrator of

the Animal and Plant Health Inspection

Service. The United States did not

import any casein from Switzerland in

1993 (USDA, Economic Research

Service (ERS), ‘‘Foreign Agricultural

Trade of the United States: Calendar

Year 1993 Supplement,’’ 1993).

Declaring Switzerland free of rinderpest

and FMD, thus removing the

requirement for written permission from

the Administrator, is not expected to

have any effect on the amount of casein

imported into the United States from

Switzerland because the current

restrictions do not substantially impede

imports.

Imports of poultry and poultry

products into the United States from

Switzerland in 1992 and 1993 fell into

two categories: live poultry, and feathers

and down. Total live poultry imports

into the United States were valued at

$14.4 million and $14.5 million in 1992

and 1993, respectively. United States

live poultry imports from Switzerland

were valued at $67 thousand and $74

thousand in 1992 and 1993,

respectively, about 0.5 percent of the

total imports. Total United States

imports of feathers and down were

valued at $84 million and $60.1 million

in 1992 and 1993, respectively. United

States imports of feathers and down

from Switzerland were valued at $1.2

million and $0.41 million in 1992 and

1993, respectively, less than 1.5 percent

of the total imports (USDA, ERS,

‘‘Foreign Agricultural Trade of the

United States: Calendar Year 1993

Supplement,’’ 1993). Also, Switzerland

is dependent on imports for over 50

percent of domestic poultry

consumption. Consequently, the

changes in current regulations

concerning VVND are not expected to

result in increased exports to the United

States.

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

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (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 is

amended as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH 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, 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).

§ 94.1 [Amended]

2. In § 94.1, paragraph (a)(2) is

amended by adding ‘‘Switzerland,’’

immediately after ‘‘Sweden,’’.

§ 94.6 [Amended]

3. In § 94.6, paragraph (a)(2) is

amended by removing ‘‘and Sweden’’

and adding ‘‘Sweden, and Switzerland’’

in its place.

§ 94.11 [Amended]

4. In § 94.11, paragraph (a), the first

sentence is amended by removing ‘‘and

Sweden,’’ and adding ‘‘Sweden, and

Switzerland,’’ in its place.

Done in Washington, DC, this 26th day of

May 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–10745 Filed 5–1–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–44–AD; Amendment

39–9214; AD 74–08–09 R1]

Airworthiness Directives; Transport

Category Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment revises an

existing airworthiness directive (AD)

that is applicable to all transport

category airplanes. The existing AD

currently requires installation of

placards prohibiting smoking in the

lavatory and disposal of cigarettes in the