[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11100]
[[Page Unknown]]
[Federal Register: May 9, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 50, 77, and 92
[Docket No. 93-014-1]
Cattle From Mexico
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to require that certain steers and spayed
heifers imported into the United States from Mexico be sent either to a
quarantined pasture or quarantined feedlot for finish feeding, or to a
quarantined holding facility for quarantine and 60-day post-entry
tuberculin test. This action appears necessary to prevent infected
steers and spayed heifers from Mexico from spreading tuberculosis to
U.S. cattle.
We are also proposing to deny claims for indemnity for Mexican-
origin steers or spayed heifers that test positive to the 60-day post-
entry tuberculin test, and to deny claims for indemnity for cattle that
were exposed to such animals. This action would discourage importation
of Mexican-origin steers and spayed heifers of questionable disease
status.
DATES: Consideration will be given only to comments received on or
before July 8, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 93-014-1. 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. Ronald A. Stenseng, Senior Staff
Veterinarian, Cattle Diseases and Surveillance Staff, Veterinary
Services, APHIS, USDA, room 729, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-8715.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis (referred to below as tuberculosis or TB) is a
serious communicable disease of cattle, bison, and other species,
including humans, caused by Mycobacterium bovis. Tuberculosis in
affected animals causes weight loss, general debilitation, and
sometimes death.
In accordance with regulations in 9 CFR parts 50, 77, and 92
(referred to below as the regulations), the Animal and Plant Health
Inspection Service (APHIS) administers programs designed to control and
eradicate tuberculosis in cattle and bison.
The regulations in 9 CFR part 50 provide for payment of Federal
indemnity to owners of certain cattle or bison destroyed because of
tuberculosis.
The regulations in 9 CFR part 77 regulate the interstate movement
of cattle and bison because of tuberculosis. Cattle or bison not known
to be affected with or exposed to tuberculosis are eligible for
interstate movement without restriction if moved from jurisdictions
designated as accredited-free States or modified accredited States. The
regulations restrict the interstate movement of cattle or bison not
known to be affected with or exposed to tuberculosis if those cattle or
bison are moved from jurisdictions designated as nonmodified accredited
States. Cattle or bison that are exposed, reactors, suspects, or from
herds containing suspects, are eligible to move interstate directly to
slaughter, under specified conditions. In addition, exposed cattle on
the island of Molokai, Hawaii, are eligible to be moved interstate to a
quarantined feedlot.
The regulations in 9 CFR part 92 prohibit or restrict the
importation of certain animals, including cattle from Mexico, to
prevent the introduction into the United States of communicable
diseases of livestock. Section 92.427(c)(1) requires, among other
things, that steers imported into the United States from Mexico: (1)
Have been tuberculin-tested, with negative results, either within 60
days before the date the steers are offered for entry into the United
States or at the port of entry; or (2) originated in a herd declared
tuberculosis-accredited by the Government of Mexico, provided that they
were moved directly to the U.S. port of entry from their herd of origin
and were not commingled with cattle from any herd not so accredited; or
(3) are consigned from the port of entry to a recognized slaughtering
establishment, in accordance with Sec. 92.429.
The regulations are intended to prevent the importation of TB-
infected cattle into the United States. Despite the regulations,
however, more than half of all cattle with tuberculous lesions detected
at slaughter in the United States during the past decade have been
traced back to Mexico. During the 18 months ending March 31, 1993, for
example, 1,090 TB-infected cattle were detected at slaughter in the
United States. Of those, 713 were identified as Mexican-origin steers.
Therefore, to safeguard the health of domestic cattle, we propose
to amend Sec. 92.427(c) to require certain steers imported into the
United States from Mexico be sent either to a quarantined pasture or
quarantined feedlot for finish feeding, or to a quarantined holding
facility for quarantine and 60-day post-entry tuberculin test. We
believe this action would minimize the exposure of domestic cattle to
TB-infected cattle imported from Mexico. We propose to add to 9 CFR
part 77 a new Sec. 77.6, providing the specific requirements for a
quarantined feedlot, quarantined pasture, and for post-entry quarantine
and TB-testing at a quarantined holding facility.
In addition, we propose to add to the regulations specific
provisions for spayed heifers imported into the United States from
Mexico. Until recently, U.S. importers expressed little interest in
Mexican-origin spayed heifers. Conditions have changed, however, and
importers have requested that we set forth specific provisions for the
importation of Mexican-origin spayed heifers.
Lacking reproductive organs, neutered females and neutered males
are indistinguishable in terms of susceptibility to TB and other
diseases. This means that, for regulatory purposes, spayed heifers and
steers are identical, and that the provisions applicable to steers
apply equally to spayed heifers. Therefore, under the proposed
regulations, spayed heifers would be regulated under the same terms as
steers. The specific provisions for steers from Mexico, at
Sec. 92.427(c), would be amended to include spayed heifers from Mexico.
In addition, we propose to hold importers accountable for the
health of the animals they import by amending Sec. 50.14(f) to
categorically deny indemnity claims for Mexican-origin steers and
spayed heifers that test positive to the 60-day post-entry tuberculin
test, and for any cattle exposed to such reactors. This change would
increase the financial stake that importers have in the quality of the
TB-testing on which they base their purchase and importation decisions.
That is, it would provide importers with an incentive to purchase only
steers and spayed heifers that present little or no risk of TB-
infection, encouraging a more active interest in herds of origin and
test histories. We expect that this heightened accountability would
sharply reduce the number of TB-infected animals imported into the
United States from Mexico.
Restricted Status Cattle
As stated above, we propose to require that certain steers and
spayed heifers imported into the United States from Mexico be sent
either to a quarantined pasture or quarantined feedlot for finish
feeding, or to a quarantined holding facility for quarantine and 60-day
post-entry tuberculin test. The affected steers and spayed heifers
would be known as ``restricted status cattle,'' and would include all
steers and spayed heifers except the following:
Those that are consigned from the port of entry to a
recognized slaughtering establishment, in accordance with Sec. 92.429;
Those that have been tuberculin tested, with negative
results for the entire lot, at the port of entry (a definition of lot
would be added to Sec. 77.1 to read as follows: ``All the members of a
group of cattle in a single consignment.'');
Those that originated in a herd declared to be
tuberculosis-accredited by the Government of Mexico, and were moved
directly to the port of entry from their herd of origin without
commingling with cattle from a non-accredited herd; and
Those that originated in a herd in a state participating
in the Mexican National Tuberculosis Eradication Program, and that (as
part of the Mexican National Tuberculosis Eradication Program) were
tuberculin tested at a ranch of origin monitored by the animal health
service of the National Government of Mexico or at a testing pen under
the full-time supervision of the animal health service of the National
Government of Mexico. This latter provision would afford the animal
health service of the National Government of Mexico greater control
over testing and post-test movement. A definition of ``restricted
status cattle'' would be added to Sec. 77.1. We would also add a
definition of ``herd of origin (originated in a herd)'' to Sec. 77.1 to
read as follows: ``Any herd in which cattle are born and remain until
movement or any herd in which cattle remain for 120 days immediately
prior to movement. As used in this part, ``originated in a herd'' shall
have the same meaning as set forth here for ``herd of origin.'' We
would require that the cattle remain in a herd for 120 days to reflect
the testing criteria for herd additions found in APHIS's Uniform
Methods and Rules--Bovine Tuberculosis Eradication, which is
incorporated by reference in part 77.
Under the current regulations, steers and spayed heifers that are
consigned from the port of entry to a recognized slaughtering
establishment have no opportunity to spread TB to animals not consigned
to slaughter, and pose no disease risk to domestic livestock.
Therefore, we are proposing no new restrictions on the post-entry
movement of these animals.
The other steers and spayed heifers excluded from the proposed
category of restricted status cattle would either have tested negative
to TB at the U.S. port of entry or would have originated in a TB-
accredited herd or in a herd in a state participating in the Mexican
National Tuberculosis Eradication Program. (The states participating in
the Mexican National Tuberculosis Eradication Program would be listed
in the proposed definition of Mexican National Tuberculosis Eradication
Program that would be added to Sec. 77.1.) We are confident in the
reliability of the port-of-entry testing that would be conducted by
APHIS, on the basis of which any test-positive or exposed animals would
be refused entry into the United States. We are equally confident in
the stringent standards of the National Tuberculosis Eradication
Program recently established by the Government of Mexico. The
Government of Mexico has allocated $92 million to be spent on this
comprehensive disease-prevention and eradication program during the
next 5 years, with a goal of TB eradication in Mexico by 1998. As its
proposed definition in Sec. 77.1 states, Mexico's National Tuberculosis
Eradication Program incorporates methods and rules for TB testing,
traceback, and eradication that have been determined by the
Administrator to be equivalent to those set forth in APHIS's Uniform
Methods and Rules--Bovine Tuberculosis Eradication, which is
incorporated by reference in part 77. The Mexican TB-eradication
program is equivalent to the program adopted by a State establishing or
maintaining modified accredited state status in the United States under
the Bovine Tuberculosis Eradication program. As in the United States,
participation is on a state-by-state basis. The full funding of the
Mexican National Tuberculosis Eradication Program redoubles our
confidence in the national standards the Government of Mexico uses to
determine that a herd qualifies for TB-accredited status, and that any
steers or spayed heifers from a TB-accredited herd would have had no
opportunity to commingle with potentially TB-infected animals. The
rigorous monitoring for tuberculosis undergone by steers and spayed
heifers in the three categories discussed in this paragraph justifies
their exclusion from restricted status cattle.
Restricted status cattle would be subject to the restrictions set
forth in proposed Sec. 77.6. A cross-reference to this effect would be
added to the regulations at proposed Sec. 92.427(c)(5). Specifically,
restricted status cattle could only be moved from the port of entry to
a quarantined pasture or quarantined feedlot for finish feeding, or to
a quarantined holding facility for quarantine and 60-day post-entry
tuberculin test. Quarantined pastures, quarantined feedlots, and
quarantined holding facilities could be located only in States that are
not classified as accredited-free. This provision would safeguard
accredited-free States from the possibility that a potentially TB-
infected steer or spayed heifer from a quarantined pasture, quarantined
feedlot, or quarantined holding facility could, as a result of an
accident or other misfortune, jeopardize the TB-free status of any
accredited-free State. Restricted status cattle being moved from the
port of entry to a quarantined pasture or quarantined feedlot for
finish feeding, or to a quarantined holding facility for quarantine and
60-day post-entry tuberculin test, would be required to be moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, or one of their designees. This
proposed requirement would ensure that restricted status cattle have no
contact with other animals while in transit from one facility to
another. Further, restricted status cattle would have to be accompanied
by a permit any time they are being moved, except when being moved
directly to slaughter. (The definition of permit in Sec. 77.1 would be
expanded to provide both for issuance of permits at the port of entry,
and for identification of restricted status cattle, and to provide for
movement only in accordance with applicable State and Federal
regulations.)
Quarantined Pastures, Quarantined Feedlots, Quarantined Holding
Facilities
We have developed the proposed requirements for quarantined
pastures, quarantined feedlots, and quarantined holding facilities
(proposed Secs. 77.6(b), (c), and (d)) on the basis of State and
Federal experience with other disease-control programs. That experience
has shown the proposed provisions for the three kinds of premises to be
effective in preventing livestock of unknown disease status from
spreading disease to other livestock.
Definitions of quarantined feedlot, quarantined pasture, and
quarantined holding facility would be added to Sec. 77.1. ``Quarantined
feedlot'' would be defined as a confined drylot for finish feeding of
restricted status cattle, with no facilities for pasturing or grazing,
that has been approved for this purpose by the State representative and
an APHIS representative, and that is under State quarantine.
``Quarantined pasture'' would be defined as a confined grazing area
established for the forage-feeding of restricted status cattle that has
been approved for this purpose by the State representative and an APHIS
representative, and that is under State quarantine. ``Quarantined
holding'' facility would be defined as a confined drylot that has been
approved by the State representative and an APHIS representative for
the post-entry quarantine and tuberculosis-testing of restricted status
cattle, and that is under State quarantine. (In a drylot, all water and
feed are brought to the animals in troughs.)
To prevent restricted status cattle from being commingled with
other livestock, the proposed regulations provide that only restricted
status cattle may be moved into a quarantined pasture, quarantined
feedlot, or quarantined holding facility. There may be cases where a
feedlot operator introduces new cattle into a quarantined feedlot. In
such cases, any non-restricted cattle that enter a quarantined feedlot
and commingle with restricted status cattle would assume restricted
status. Further, as discussed above, restricted status cattle that are
not being moved directly to slaughter could be moved from a quarantined
pasture, quarantined feedlot, or quarantined holding facility only if
accompanied by a permit issued at the pasture, feedlot, or holding
facility from which they are being moved. (Cattle in a lot that tests
negative for tuberculosis in the 60-day post-entry tuberculin test
would no longer be classified as restricted status cattle, and would be
issued a certificate for movement from the quarantined holding
facility, in accordance with proposed Sec. 77.6, paragraphs (d)(5) and
(d)(6)(ii)).
Restricted status cattle would at all times be required to be
isolated from other livestock by a distance sufficient to prevent
physical contact. In quarantined pastures, where structures and pens
would not provide such isolation, double fences 10 feet apart, natural
barriers, or the absence of adjacent herds would serve this purpose. To
ensure that the area surrounding a quarantined pasture does not undergo
significant changes that might affect the isolation of the restricted
status cattle quarantined on the premises, the Administrator would
approve a quarantined pasture for a period not to exceed 10 months.
In quarantined feedlots, commingling of different lots of
restricted status cattle would be allowed. In quarantined holding
facilities, however, each lot of restricted status cattle would be
isolated from other restricted status cattle by double fences 10 feet
apart. This would ensure that potentially infected animals would be
prevented from spreading tuberculosis to cattle in other lots.
In quarantined feedlots and quarantined holding facilities, the
proposed regulations would require that the structures, pens,
implements, and conveyances be cleaned and disinfected within 15 days
after the removal of each lot of restricted status cattle, in
accordance with Secs. 71.4, 71.7, and 71.10 through 12 in 9 CFR part
71.
Because of the post-entry tuberculin testing to be performed at
quarantined holding facilities, proposed Sec. 77.6(d)(4) requires that
each such facility be equipped to handle the chute inspection and
tuberculin testing of cattle. To ensure that animal health officials
are available when needed, proposed Sec. 77.6(d)(2)(i) requires that
the importer contact the State representative to schedule inspection
and quarantine services no less than 14 days before the proposed date
of entry of the restricted status cattle into the facility.
Proposed Sec. 77.6(d)(5) provides for issuance of a certificate for
movement from the quarantined holding facility, in accordance with
individual State requirements, for restricted status cattle from a lot
that tests negative for tuberculosis in the 60-day post-entry
tuberculin test. As stated earlier, cattle from such a lot would no
longer be classified as restricted status cattle. Proposed
Sec. 77.6(d)(6) requires that any cattle that test positive for
tuberculosis in the 60-day post-entry tuberculin test (reactors) must
be sent directly to slaughter or destroyed and subjected to a
postmortem examination by an APHIS representative or a State
representative trained in TB-postmortem techniques. All other cattle in
that lot would be held at the quarantined holding facility until
slaughter examination of the reactors. If gross or microscopic
tuberculous lesions are detected in the reactors during slaughter or
laboratory examination, the other cattle in the lot must be moved from
the quarantined holding facility to a quarantined pasture, a
quarantined feedlot, or directly to slaughter. All provisions for
restricted status cattle discussed above would continue to apply.
If the slaughter or laboratory examination detects no tuberculous
lesions in the reactors, the other cattle in the lot would be allowed
to remain at the quarantined holding facility for retesting 60 days
after the original post-entry tuberculin test; if the entire lot
subsequently tests negative for tuberculosis, these cattle would be
issued a certificate, in accordance with Sec. 77.6(d)(5). However, if
any retested cattle test positive for tuberculosis, the other cattle in
the lot must be moved to a quarantined pasture, a quarantined feedlot,
or directly to slaughter. All provisions for restricted status cattle
discussed above would continue to apply.
To ensure that restricted status cattle of unknown disease status
do not present a risk of exposing other livestock to tuberculosis, we
further propose that:
The Administrator and the State animal health official
would establish procedures for: (1) Accounting for all restricted
status cattle entering and leaving quarantined pastures, quarantined
feedlots, and quarantined holding facilities, including the recording
of official Mexican blue eartag numbers; and (2) the monitoring of
quarantined pastures, quarantined feedlots, and quarantined holding
facilities by an APHIS representative or a State representative. State
and Federal representatives would then be responsible for following the
established procedures.
Restricted status cattle could be moved into quarantined
pastures on a lot-basis only; only the cattle comprising a single lot
of restricted status cattle could be moved into the quarantined
pasture. As a further safeguard, owners of adjacent properties would be
notified of the presence of a quarantined pasture.
Miscellaneous
Because Hawaii has attained accredited-free status, we propose to
remove Sec. 50.16, ``Certain cattle on the Island of Molokai in
Hawaii,'' from the regulations; to remove the proviso referring to
Sec. 50.16 from the definition of ``Permit'' in Sec. 50.1; and to
remove the exception for exposed cattle moved in accordance with
Sec. 50.16 from Sec. 77.5(b).
We propose to revise the definition of ``Cattle and bison not known
to be affected'' in Sec. 77.1, which currently reads ``All cattle and
bison except those originating from tuberculosis affected herds or from
herds containing tuberculosis suspect cattle or bison.'' The
nonsubstantive editorial change we propose would define ``Cattle and
bison not known to be affected'' in more general terms, as ``All cattle
and bison of unknown disease status.''
For clarity, we propose to reorganize Sec. 92.427(c)(1) into
subparagraphs and make nonsubstantive editorial changes to the text. We
also propose to remove from Sec. 92.427(c) the requirement that tattoos
be described on certificates for cattle from Mexico. Current
requirements for the identification of all cattle from Mexico to be
identified by official Mexican Ministry of Agriculture and Water
Resources (SARH) blue eartag numbers make the tattoo requirement
unnecessary.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. This rule
has been determined to be not significant for purposes of Executive
Order 12866 and therefore has not been reviewed by the Office of
Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. However, we do not
currently have all the data necessary for a comprehensive analysis of
the effects of this rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining the number and kind of small entities that may incur
benefits or costs from implementation of this proposed rule.
In accordance with 21 U.S.C. 111, the Secretary of Agriculture is
authorized to promulgate regulations to prevent the introduction or
dissemination of any communicable disease of animals from a foreign
country into the United States. This proposed rule would allow the
importation of certain steers and spayed heifers from Mexico under
restrictions that appear necessary to prevent the introduction or
dissemination of tuberculosis.
Cattle imported into the United States from Mexico in 1993
accounted for about 1 percent of the total U.S. bovine population (1
million/99.4 million). The total value of imported Mexican cattle
slightly exceeded $361 million, which is less than 1 percent of the
1991 value of the U.S. live cattle inventory, estimated at more than
$64 billion.
Under the proposed rule, certain steers and spayed heifers from
Mexico that are not being shipped directly to slaughter would be
regarded as ``restricted status cattle.'' As such, they would be
required to move from the port of entry to a quarantined pasture, to a
quarantined feedlot, or to a quarantined holding facility for the 60-
day post-entry tuberculin test. If the entire lot in the quarantined
holding facility is TB-free, the cattle would no longer be regulated as
restricted status cattle. Any restricted status cattle that test
positive for TB, and any cattle exposed to such reactors, would be
ineligible for indemnity claims (indemnity payments amount to a maximum
of $750 per animal).
Although we have no basis for estimating the extent to which the
quarantined holding facilities being proposed would be used, we expect
most importers to move restricted status cattle to quarantined pastures
or quarantined feedlots for finish feeding, and then to slaughter.
For importers who currently ship Mexican-origin cattle to pastures
or feedlots, and then to slaughter, shipping, feeding, and grazing
costs would not change. Therefore, we foresee little or no increase in
importation costs because of the proposed requirement that the animals
be shipped to quarantined pastures or quarantined feedlots.
Importers of rodeo steers appear to have the greatest interest in
the post-entry tuberculin testing that would require selection of the
quarantined holding facility, because certificates would be required
for these cattle to be moved from rodeo to rodeo, and certificates for
restricted status cattle could be issued only at a quarantined holding
facility. However, most rodeo steers imported into the United States
from Mexico originate in states participating in the Mexican National
Tuberculosis Eradication Program, and would be exempt from the proposed
requirements.
By disallowing indemnity for test-positive restricted status cattle
and animals exposed to such cattle, APHIS would shift the burden of
risk from the taxpayer to the importer. Because it is impossible to
project how many restricted status cattle will be identified as TB
reactors as a result of the 60-day post-entry tuberculin test, it is
also impossible to know how many importers might be affected by the
denial of indemnity claims for such animals. As stated in the preceding
paragraph, however, we expect few importers to opt for post-entry
tuberculin testing at quarantined holding facilities. Accordingly, the
economic effect of denying indemnity claims for test-positive
restricted status cattle at quarantined holding facilities, and animals
exposed to such cattle, is expected to be minimal.
For importers who ship Mexican-origin cattle to quarantined holding
facilities, the costs associated with the post-entry tuberculin testing
will slightly increase importation costs. Information on the potential
effects of the proposed changes on feedlot owners is unavailable.
This proposed rule contains paperwork and recordkeeping
requirements. Under this proposed rule, a permit would have to be
issued by an APHIS representative, State representative, or accredited
veterinarian before restricted status cattle could be moved anywhere
other than directly to slaughter. A certificate would have to be issued
for cattle that test negative for tuberculosis before they could be
moved from the quarantined holding facility. In addition, this proposed
rule would require that the official Mexican Government blue eartag
numbers (or replacement eartags) of all restricted status cattle
entering and leaving a quarantined pasture, quarantined feedlot, and
quarantined holding facility, be recorded, in accordance with
procedures to be established by the Administrator and the State animal
health official.
The alternatives to this proposed rule would be to take no action
or to prohibit the importation of certain steers and spayed heifers
from Mexico. We do not consider taking no action a reasonable
alternative, because it would not reduce the risk that TB-infected
steers and spayed heifers from Mexico might spread tuberculosis to U.S.
livestock. We also do not consider importation under conditions other
than those proposed a viable option, because we believe the proposed
conditions are necessary to ensure that potentially infected steers and
spayed heifers from Mexico do not spread tuberculosis to U.S.
livestock.
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 the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this proposed rule will be submitted for approval to the
Office of Management and Budget. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please send a copy of your
comments to: (1) Chief, Regulatory Analysis and Development, PPD,
APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, and (2) Clearance Officer, OIRM, USDA, room 404-
W, 14th Street and Independence Avenue SW., Washington, DC 20250.
List of Subjects
9 CFR Part 50
Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.
9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR parts 50, 77, and 92 would be amended as
follows:
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS
1. The authority citation for part 50 would continue to read as
follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
134b; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 50.1 [Amended]
2. In Sec. 50.1, the definition of Permit would be revised by
removing the proviso after the semicolon and replacing the semicolon
with a period.
3. In Sec. 50.14, new paragraph (f) would be added to read as
follows:
Sec. 50.14 Claims not allowed.
* * * * *
(f) If the cattle infected with tuberculosis are Mexican-origin
steers or spayed heifers that tested positive to the post-entry
tuberculin test performed in accordance with Sec. 77.6(d) of this
chapter, or are cattle that were exposed to such animals.
Sec. 50.16 [Removed]
4. Section 50.16 would be removed.
PART 77--TUBERCULOSIS
5. The authority citation for part 77 would continue to read as
follows:
Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,
134f; 7 CFR 2.17, 2.51, and 371.2(d).
6. In Sec. 77.1, the definitions of Cattle and bison not known to
be affected and Permit would be revised, and definitions of Herd of
origin (originated in a herd), Lot, Mexican National Tuberculosis
Eradication Program, Quarantined feedlot, Quarantined holding facility,
Quarantined pasture, and Restricted status cattle would be added, in
alphabetical order, to read as follows:
Sec. 77.1 Definitions.
* * * * *
Cattle and bison not known to be affected. All cattle and bison of
unknown disease status.
* * * * *
Herd of origin (originated in a herd). Any herd in which cattle are
born and remain until movement or any herd in which cattle remain for
120 days immediately prior to movement. As used in this part,
originated in a herd shall have the same meaning as set forth here for
herd of origin.
* * * * *
Lot. All the members of a group of cattle in a single consignment.
Mexican National Tuberculosis Eradication Program. (1) A program
for bovine tuberculosis eradication established by the National
Government of Mexico that incorporates methods and rules that have been
determined by the Administrator to be equivalent to the rules and
methods set forth in the Uniform Methods and Rules--Bovine Tuberculosis
Eradication, in which participation is on a state-by-state basis, and
that has been determined by the Administrator to be equivalent to the
testing, traceback, and eradication program adopted by any State
establishing or maintaining modified accredited state status in the
United States, in accordance with the Uniform Methods and Rules--Bovine
Tuberculosis Eradication.
(2) The following Mexican states have attained status equivalent to
modified accredited State status in the United States, as determined by
the Administrator: [No states]
* * * * *
Permit. An official document (VS Form 1-27 or comparable State
form) issued by an APHIS representative, State representative, or an
accredited veterinarian at the point of origin or port of entry, for
the movement of cattle or bison to be moved, under this part, directly
to slaughter, or to a quarantined pasture, quarantined feedlot, or
quarantined holding facility, which shows the tuberculosis status of
each animal (reactor, suspect, exposed, or, in the case of restricted
status cattle from Mexico, unknown), the eartag number and the name of
the owner of such animal, the slaughtering establishment or quarantined
pasture, quarantined feedlot, or quarantined holding facility to which
the animals are to be moved, the official seal numbers, the purpose for
which the animals are to be moved, and that they are eligible for such
movement under the applicable Federal regulations.
* * * * *
Quarantined feedlot. A confined drylot for feeding of restricted
status cattle that has been approved for this purpose by the State
representative and an APHIS representative, and that is under State
quarantine. (In a drylot, there are no provisions for pasturing or
grazing, and all food and water is brought to the cattle in troughs.)
Quarantined holding facility. A confined drylot that has been
approved by the State representative and an APHIS representative for
the quarantine and post-entry tuberculosis-testing of restricted status
cattle, and that is under State quarantine. (In a drylot, there are no
provisions for pasturing or grazing, and all food and water is brought
to the cattle in troughs.)
Quarantined pasture. A confined grazing area established for the
forage-feeding of a single lot of restricted status cattle, that has
been approved for this purpose by the State representative and an APHIS
representative, and that is under State quarantine.
* * * * *
Restricted status cattle. All steers and spayed heifers from Mexico
except those steers and spayed heifers that:
(1) Originated in a herd in a state that is participating in the
Mexican National Tuberculosis Eradication Program and that is listed in
the definition of Mexican National Tuberculosis Eradication Program in
this section as having attained status equivalent to modified
accredited State status in the United States, as determined by the
Administrator; have been tuberculin tested by a salaried veterinarian
of the National Government of Mexico or by a veterinarian accredited by
the National Government of Mexico not more than 60 days before the date
the animals are offered for entry into the United States, at a ranch of
origin monitored by the animal health service of the National
Government of Mexico or at a testing pen under the full-time
supervision of the animal health service of the National Government of
Mexico; and are moved directly to the port of entry from their ranch of
origin or testing pen without having commingled with other cattle while
en route to the port of entry; or
(2) Originated in herds declared to be tuberculosis-accredited by
the Government of Mexico, if they are moved directly to the port of
entry from their herd of origin without having commingled with cattle
from any non-accredited herd while en route to the port of entry; or
(3) Were tuberculin tested with negative results for the entire lot
at the port of entry, as provided in Sec. 92.427(c)(3)(i) of this
chapter; or
(4) Are consigned from the port of entry to a recognized
slaughtering establishment, as provided in Sec. 92.429 of this chapter.
* * * * *
Sec. 77.5 [Amended]
7. In Sec. 77.5, the heading, the word ``comtaining'' would be
removed and the word ``containing'' would be added in its place.
8. In Sec. 77.5, paragraph (b), the introductory text, the words
``Except for the movement of exposed cattle to a quarantined feedlot in
accordance with Sec. 50.16 of this chapter, exposed'' would be removed
and the word ``Exposed'' would be added in their place.
9. Section 77.6 would be redesignated as Sec. 77.7 and a new
Sec. 77.6 would be added to read as follows:
Sec. 77.6 Restricted status cattle from Mexico.
Restricted status cattle are subject to the post-entry restrictions
provided in this section, to other applicable provisions of this part,
and to Sec. 50.14(f) of this chapter.
(a) Restricted status cattle may be moved from the port of entry
only if:
(1) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, or person
designated by the APHIS representative or State representative;
(2) Accompanied by a permit; and
(3) Moved to a quarantined pasture, quarantined feedlot, or to a
quarantined holding facility for quarantine and 60-day post-entry
tuberculin test, as provided in paragraph (b), (c), or (d) of this
section. Quarantined pastures, quarantined feedlots, and quarantined
holding facilities may be located only in States that are not
accredited-free States.
(b) Quarantined feedlot. (1) The Administrator will approve a
quarantined feedlot after an APHIS representative or a State
representative inspects the confined area and determines that all
restricted status cattle will be secure and isolated from contact with
other livestock. Any non-restricted cattle that commingle with
restricted status cattle in a quarantined feedlot shall assume
restricted status.
(2) The official Mexican Government blue eartag numbers of all
restricted status cattle entering and leaving the feedlot must be
recorded. (If any such eartag is missing, the APHIS representative,
State representative, or accredited veterinarian must replace it with
an APHIS-approved identification eartag conforming to the nine-
character alpha-numeric National Uniform Eartagging System.)
(i) The Administrator and the State animal health official will
jointly establish procedures for accounting for all restricted status
cattle.
(3) An APHIS representative or a State representative will monitor
all quarantined feedlots on a regular basis.
(i) The Administrator and the State animal health official will
jointly establish procedures for monitoring quarantined feedlots.
(4) Cattle leaving a quarantined feedlot must be moved either to
another quarantined feedlot or directly to slaughter. They must be
moved in vehicles closed with official seals applied and removed by an
APHIS representative, a State representative, or person designated by
the APHIS representative or State representative, and must be
accompanied by a permit issued at the feedlot. Cattle being moved
directly to slaughter are exempt from the permit requirement.
(5) Structures, pens, implements, and conveyances must be cleaned
and disinfected within 15 days after removal of each lot of cattle.
(c) Quarantined pasture. (1) The Administrator will approve a
quarantined pasture for use by a single lot of restricted status cattle
after an APHIS representative or a State representative inspects the
confined area and determines that all fences, gates, and loading
facilities are adequate; and that restricted status cattle will be
isolated from contact with other livestock by double fencing (perimeter
and inner fences 10 feet apart), by natural barriers, or by the absence
of adjacent herds. The Administrator will approve a quarantined pasture
for a period not to exceed 10 months.
(2) The official Mexican Government blue eartag numbers of all
cattle entering and leaving the pasture must be recorded. (If any such
eartag is missing, the APHIS representative, State representative, or
accredited veterinarian must replace it with an APHIS-approved
identification eartag conforming to the nine-character alpha-numeric
National Uniform Eartagging System.)
(i) The Administrator and the State animal health official will
jointly establish procedures for accounting for all restricted status
cattle.
(3) State or APHIS representatives will monitor all quarantined
pastures on a regular basis.
(i) The Administrator and the State animal health official will
jointly establish procedures for monitoring quarantined pastures.
(4) Cattle leaving a quarantined pasture must be moved either to
another quarantined pasture, a quarantined feedlot, or directly to
slaughter. They must be accompanied by a permit on which, among other
things, the official seal numbers are recorded; and moved in vehicles
closed with official seals applied and removed by an APHIS
representative, a State representative, or person designated by the
APHIS representative or State representative. Cattle being moved
directly to slaughter are exempt from the permit requirement.
(5) Owners of adjacent properties will be notified by the APHIS
representative or the State representative of the presence of a
quarantined pasture.
(d) Quarantined holding facility. The Administrator will approve a
quarantined holding facility to be used to hold restricted status
cattle for a 60-day post-entry tuberculin test if:
(1) The State in which the facility is located has entered into a
written agreement with the Administrator, in which the State agrees to
enforce its laws and regulations to control tuberculosis in accordance
with the Uniform Methods and Rules--Bovine Tuberculosis Eradication,
and to abide by the conditions established in this section.
(2) The facility is under the general supervision of a State
veterinarian, is monitored by State or APHIS representatives, and is
used exclusively to quarantine and tuberculin-test restricted status
cattle.
(i) The importer must contact the State representative to schedule
inspection and quarantine services no less than 14 days before the
proposed date of entry of the restricted status cattle into the
facility; and
(3) The quarantined holding facility and its maintenance and
operation meet the minimum requirements of this paragraph.
(4) The APHIS representative or a State representative has
inspected the confined area and determined that each lot of restricted
status cattle will be secure and isolated from contact with other
restricted status cattle by double fencing (perimeter and inner fences
10 feet apart), and that the facility is equipped with chutes for
tuberculin testing.
(5) The official Mexican Government blue eartag numbers of all
restricted status cattle entering and leaving the feedlot must be
recorded. (If any such eartag is missing, the APHIS representative,
State representative, or accredited veterinarian must replace it with
an APHIS-approved identification eartag conforming to the nine-
character alpha-numeric National Uniform Eartagging System.)
(i) The Administrator and the State animal health official will
jointly establish procedures for accounting for all restricted status
cattle.
(6) Restricted status cattle in a lot that tests negative for
tuberculosis in the post-entry test are no longer classified as
restricted status cattle, and will be issued a certificate for movement
from the quarantined holding facility.
(7) The reactors in a lot of restricted status cattle must be sent
directly to slaughter or destroyed and subjected to a postmortem
examination by an APHIS representative or a State representative
trained in TB-postmortem techniques. The other cattle in that lot must
be held at the quarantined holding facility until slaughter examination
of the reactors.
(i) If gross or microscopic tuberculous lesions are detected in the
reactors, the other cattle in the lot must be moved from the
quarantined holding facility to a quarantined pasture, a quarantined
feedlot, or directly to slaughter. These restricted status cattle must
be accompanied by a permit and moved in vehicles closed with official
seals applied and removed by an APHIS representative, a State
representative, or person designated by the APHIS representative or
State representative.
(ii) If no gross or microscopic tuberculous lesions are detected in
the reactors, the other cattle in the lot may remain at the quarantined
holding facility for retesting 60 days after the original post-entry
test and, if the entire lot tests negative for tuberculosis, may be
moved with a certificate, as provided in paragraph (d)(6). If any
retested cattle test positive for tuberculosis, the other cattle in the
lot must be moved to a quarantined pasture, a quarantined feedlot, or
moved directly to slaughter.
(8) Quarantined holding facilities may be used to hold restricted
status cattle for post-entry tuberculosis testing only.
(9) Structures, pens, conveyances, and other equipment must be
cleaned and disinfected within 15 days after removal of each lot of
cattle, in accordance with Secs. 71.4, 71.7, and 77.10 through 12 of
this chapter.
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
10. The authority citation for part 92 would continue to read as
follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).
11. In Sec. 92.427, paragraph (c)(1) would be revised, and a new
paragraph (c)(5) would be added to read as follows:
Sec. 92.427 Cattle from Mexico.
* * * * *
(c) Tuberculosis. (1) In addition to the provisions required in the
certificate under paragraph (b) of this section, the certificate shall
also show, for all cattle from Mexico except as provided in paragraph
(c)(1)(v) of this section or consigned from the port of entry to a
recognized slaughtering establishment, in accordance with Sec. 92.429:
(i) That a review of the available herd history, including any
tuberculin test results, traceback slaughter reports and postmortem
record, and any other available records or information, does not
indicate evidence of tuberculosis or exposure to tuberculosis during
the preceding 60 days.
(ii) For cattle other than steers and spayed heifers, that all
cattle in the herd of origin, except steers and spayed heifers, were
tuberculin tested with negative results not more than 365 days and not
less than 90 days before the date the animals are offered for entry
into the United States, and that, excepting the natural increase in the
herd, all animals were included in the herd of origin at the time of
the pre-entry herd test.
(iii) For steers and spayed heifers, that each was tuberculin
tested with negative results, by a salaried veterinarian of the
National Government of Mexico or a veterinarian accredited by the
National Government of Mexico, not more than 60 days before the date
the animals are offered for entry into the United States, with the
following exception:
(A) The importer may elect to have the tuberculin test completed at
the port of entry, under the supervision of the port veterinarian.
(iv) The date and place of inspection, the date and place and
results of the tuberculin test if applicable, the name of the herd
owner, the name of the consignor and consignee, and an individual
description of each animal including breed, age, sex, and official
Mexican Ministry of Agriculture and Water Resources (SARH) blue eartag
numbers.
(v) Cattle that originated in herds declared to be tuberculosis-
accredited by the Government of Mexico do not have to comply with the
other provisions of this paragraph if they are moved directly to the
port of entry from their herd of origin without having commingled with
cattle from any non-accredited herd en route to the port of entry, and
they are accompanied by a health certificate, issued by a salaried
veterinarian of the Government of Mexico or issued by a veterinarian
accredited by the National Government of Mexico and endorsed by a full-
time salaried veterinary officer of the National Government of Mexico,
certifying that the veterinarian issuing the certificate was authorized
to do so, stating that the cattle originated in a tuberculosis-
accredited herd, and identifying the animals by official Mexican
Ministry of Agriculture and Water Resources (SARH) blue eartag numbers.
* * * * *
(5) Steers and spayed heifers imported into the United States from
Mexico that are not imported for immediate slaughter in accordance with
Sec. 92.429, or that are defined as restricted status cattle in
Sec. 77.1 of this chapter, must be moved directly from the port of
entry to a quarantined pasture, quarantined feedlot, or quarantined
holding facility, as provided in Sec. 77.6 of this chapter. Such cattle
may be moved from the port of entry only in vehicles sealed with seals
of the United States Government, applied and removed by an APHIS
representative, State representative, or person designated by the APHIS
representative or State representative.
* * * * *
Done in Washington, DC, this 29th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-11100 Filed 5-6-94; 8:45 am]
BILLING CODE 3410-34-P
