[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Rules and Regulations]
[Pages 6917-6918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4148]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 37 / Friday, February 23, 1996 /
Rules and Regulations
[[Page 6917]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 91
[Docket No. 96-005-1]
Cattle Exportations; Tuberculosis and Brucellosis Test
Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations concerning exportation of
livestock by eliminating requirements for pre-export diagnostic tests
for tuberculosis and brucellosis in certain cattle being exported from
the United States directly to slaughter. Slaughter cattle affected will
be those exported from States free of brucellosis or tuberculosis and
those exported to countries that have a disease surveillance system
equivalent to that of the United States and that agree to share with
the United States any findings of brucellosis or tuberculosis in U.S.
origin cattle. We believe that these test requirements can be
eliminated without compromising the integrity of our brucellosis and
tuberculosis surveillance systems. This rule will facilitate the
movement of U.S. slaughter cattle to foreign countries.
DATES: Interim rule effective February 15, 1996. Consideration will be
given only to comments received on or before April 23, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-005-1, 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. 96-005-1. 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. Gary Colgrove, Chief Staff
Veterinarian, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3294.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 91, ``Inspection and Handling of
Livestock for Exportation'' (referred to below as the regulations),
prescribe conditions for exporting animals from the United States.
Section 91.5 requires, among other things, that cattle intended for
exportation be tested for tuberculosis and brucellosis. We are amending
the regulations to remove these testing requirements for cattle
exported directly to slaughter in a foreign country, if the receiving
country has a disease surveillance system equivalent to that of the
United States, as determined by the Administrator of the Animal and
Plant Health Inspection Service (APHIS), and if the receiving country
agrees to share any findings of brucellosis or tuberculosis in U.S.
origin cattle with APHIS. Also, we are amending the regulations to
remove these testing requirements for any cattle moving directly to
slaughter from a State designated as free of tuberculosis or
brucellosis in 9 CFR 77.1 or 78.41, respectively.
Currently, all cattle exported from the United States, including
cattle shipped directly to slaughter, must be tested for brucellosis
and tuberculosis. Testing ensures that any diseased cattle will be
detected and prevented from leaving the United States. Additionally,
detection of disease in any cattle intended for export would alert
APHIS to the possible presence of disease in the herd of origin, and
allow us to take action to contain and eradicate the disease.
Cattle moving directly to slaughter present a negligible risk of
transmitting either brucellosis or tuberculosis to other cattle.
Although we would still want the cattle tested to ensure that we have
information about any possible source of these diseases in the United
States, the tests could be conducted in the receiving country, if that
country has a disease surveillance system equivalent to that of the
United States, as determined by the Administrator, APHIS, and the
country agrees to share any findings of tuberculosis and brucellosis
with APHIS. Further, cattle intended for export directly to slaughter
from a Class Free State for brucellosis or an Accredited-Free State for
tuberculosis would present a negligible risk of carrying brucellosis or
tuberculosis, respectively. Therefore, we believe it is unnecessary to
require testing, prior to export, for brucellosis if the cattle are
moved directly from a Class Free State for brucellosis, or for
tuberculosis if the cattle are moved directly from an Accredited-Free
State for tuberculosis.
The primary effect of this rule would be on cattle moved directly
to slaughter in Mexico and Canada. Nearly all cattle exported for
slaughter are exported to Mexico and Canada. The Administrator has
determined that Canada has a surveillance system for both tuberculosis
and brucellosis that is equivalent to that of the United States, and
Canada will share any findings of tuberculosis and brucellosis in U.S.
origin cattle with APHIS. The Administrator also has determined that
Mexico has a surveillance system for tuberculosis that is equivalent to
that of the United States, and Mexico will share any findings of
tuberculosis in U.S. origin cattle with APHIS. Mexico is still
developing a brucellosis surveillance system, so cattle moving directly
to slaughter in Mexico will continue to require brucellosis tests,
unless they are moving from a Class Free State, as designated in 9 CFR
78.41.
Miscellaneous
We are making minor editorial changes for clarity and consistency.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. This rule will
relieve restrictions on the exportation of slaughter cattle by removing
certain pre-export testing requirements. U.S. cattle exporters will
benefit economically if the restrictions are removed in time for them
to take
[[Page 6918]]
advantage of current favorable marketing conditions. In addition, State
veterinary officials from all four States bordering Mexico--Arizona,
California, New Mexico, and Texas--have requested that we make these
changes to facilitate the export of slaughter cattle, as we have other
means to obtain the test results.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon signature. We will consider comments that are received
within 60 days of publication of this rule in the Federal Register.
After the comment period closes, we will publish another document in
the Federal Register. It will include a discussion of any comments we
receive and any amendments we are making to the rule as a result of the
comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule relieves restrictions and is, therefore, expected to have
a favorable economic impact on small entities. The need to make this
rule effective in time for U.S. exporters of slaughter cattle to take
advantage of a favorable marketing situation makes timely compliance
with sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) impracticable. The final rule for this action will include
an analysis of the economic impact of this rule on small entities and
will address any comments we receive on the economic impact of the rule
on small entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
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 new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 91
Animal diseases, Animal welfare, Exports, Livestock, Reporting and
recordkeeping requirements, and Transportation.
Accordingly, 9 CFR part 77 is amended as follows:
PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION
1. The authority citation for part 91 continues to read as follows:
Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,
136. 136a, 612, 613, 614, and 618; 46 U.S.C. 466a and 466b; 49
U.S.C. 1509(d); 7 CFR 2.22, 2.80, and 371.2(d).
2. Section 91.5 is amended as follows:
a. By revising paragraph (a) to read as set forth below.
b. By revising paragraph (b) to read as set forth below.
c. In paragraph (c), the first sentence, by adding a comma after
the words ``foreign country''.
Sec. 91.5 Cattle.
* * * * *
(a) Tuberculosis. All cattle over 1 month of age shall be negative
to a caudal intradermal tuberculin test using 0.1 ml. of tuberculin
with a reading obtained 72 hours (plus or minus six hours) after
injection as prescribed in Veterinary Services Memorandum 552.15
``Instructions and Procedures for Conducting Tuberculin Tests in
Cattle,'' section VIII A.2
\2\ Copies of this publication may be obtained from the Animal
and Plant Health Inspection Service, Veterinary Services, National
Center for Import-Export, 4700 River Road, Riverdale, Maryland
20737-1231.
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(1) Provided that, such tests are not required for any of the
following:
(i) Cattle exported directly to slaughter in a country that has a
tuberculosis surveillance system equivalent to that of the United
States, as determined by the Administrator, and that agrees to share
any findings of tuberculosis in U.S. origin cattle with APHIS; and
(ii) Cattle exported directly to slaughter from a State designated
as an Accredited-Free State in 9 CFR 77.1.
(2) The Administrator has determined that the following countries
have a tuberculosis surveillance system that is equivalent to that of
the United States: Canada and Mexico.
(b) Brucellosis. All cattle over 6 months of age shall be negative
to a test for brucellosis conducted as prescribed in ``Standard
Agglutination Test Procedures for the Diagnosis of Brucellosis'' \2\ or
``Supplemental Test Procedures for the Diagnosis of Brucellosis.'' \2\
(1) Provided that, such tests are not required for any of the
following:
(i) Official vaccinates of dairy breeds under 20 months of age;
(ii) Official vaccinates of beef breeds under 24 months of age;
(iii) Steers and spayed heifers;
(iv) Cattle exported directly to slaughter in a country that has a
brucellosis surveillance system equivalent to that of the United
States, as determined by the Administrator, and that agrees to share
any findings of brucellosis in U.S. origin cattle with APHIS; and
(v) Cattle exported directly to slaughter from a State designated
as a Class Free State in 9 CFR 78.41.
(2) The Administrator has determined that the following country has
a brucellosis surveillance system that is equivalent to that of the
United States: Canada.
* * * * *
Sec. 91.8 [Amended]
3. In Sec. 91.8, footnote 4 and its reference are redesignated as
footnote 3.
Done in Washington, DC, this 15th day of February 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-4148 Filed 2-22-96; 8:45 am]
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