94-20639. Importation of Certain Cattle From Mexico; Identification Requirements  

  • [Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20639]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 24, 1994]
    
    
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    DEPARTMENT OF AGRICULTURE
    Animal and Plant Health Inspection Service
    
    9 CFR Part 92
    
    [Docket No. 93-006-2]
    
     
    
    Importation of Certain Cattle From Mexico; Identification 
    Requirements
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Proposed rule; withdrawal and reproposal.
    
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    SUMMARY: We are proposing to amend the animal importation regulations 
    to require that certain spayed heifers imported into the United States 
    from Mexico be marked with a permanent, legible ``MX'' on the 
    right hip. We are also proposing to require that certain steers 
    imported into the United States from Mexico be marked with a permanent, 
    legible ``M'' on the right hip, rather than on the jaw, as is currently 
    required. These proposals replace a previously published proposed rule, 
    which we are withdrawing as part of this document, that would have 
    required certain spayed heifers and intact cattle to be branded with an 
    ``M'' on the jaw with a hot iron. The proposed marking requirements are 
    necessary to ensure that all steers and spayed heifers imported into 
    the United States from Mexico, except those imported directly to 
    slaughter or in-bond for feeding and return to Mexico, are clearly 
    identifiable as being of Mexican origin. The proposed marking 
    requirements would facilitate the disease surveillance and traceback 
    activities conducted in the United States under the National 
    Cooperative State-Federal Bovine Tuberculosis Eradication Program.
    
    DATES: Consideration will be given only to comments received on or 
    before October 24, 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. 93-006-2. 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. Samuel Richeson, Senior Staff 
    Veterinarian, Import-Export Animals Staff, National Center for Import-
    Export, Veterinary Services, APHIS, USDA, room 764, Federal Building, 
    6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The regulations in 9 CFR part 92 prohibit or restrict the 
    importation of certain animals into the United States to prevent the 
    introduction of communicable diseases of livestock and poultry. Subpart 
    D of part 92 (Secs. 92.400 through 92.435), referred to below as the 
    regulations, pertains to the importation of ruminants. Sections 92.424 
    through 92.429 of the regulations contain specific provisions regarding 
    the importation of ruminants, including cattle, from Mexico.
        One of the diseases addressed by the regulations is bovine 
    tuberculosis (referred to below as tuberculosis). Tuberculosis is a 
    serious communicable disease of cattle, bison, and other species, 
    including humans, caused by Mycobacterium bovis. Tuberculosis in 
    animals causes weight loss, general debilitation, and sometimes death.
        Each year, approximately 1 million cattle are imported into the 
    United States from Mexico. The vast majority of those cattle--about 99 
    percent--are young steers; the remaining 1 percent consists of spayed 
    heifers and intact cattle (i.e., calves, bulls, and unspayed females). 
    The steers and spayed heifers are, with few exceptions, consigned to 
    pastures or feedlots for finish feeding prior to slaughter. Most intact 
    cattle are integrated into herds in the United States for breeding 
    purposes.
        The period between 1982 and 1992 saw a significant increase in the 
    number of Mexican-origin cattle found at slaughter in the United States 
    to be infected with tuberculosis. In 1982, 78 samples submitted from 
    slaughtered Mexican-origin cattle showed evidence of tuberculosis; that 
    number rose to 613 in 1992. In 1982, 33 percent of the tuberculosis 
    investigations at slaughter involved Mexican origin cattle; in 1992, 
    that number rose to 81 percent.
        That increase in the incidence of tuberculosis in Mexican-origin 
    cattle led the Animal and Plant Health Inspection Service (APHIS) to 
    publish in the Federal Register on November 12, 1993 (58 FR 59963-
    59965, Docket No. 93-006-1), a proposed rule to amend the regulations 
    to require that spayed heifers and intact cattle (i.e., calves, bulls, 
    and unspayed female cattle) imported into the United States from Mexico 
    be branded with an ``M'' on the jaw using a hot iron, which is the same 
    requirement that currently applies to most steers imported from Mexico. 
    The proposal was based on APHIS' belief that M-branding on the jaw, 
    which provides a distinct and permanent means of identifying an animal 
    as having originated in Mexico, should be required for spayed heifers 
    and intact cattle in order to facilitate the disease surveillance and 
    traceback activities conducted in the United States under the National 
    Cooperative State-Federal Bovine Tuberculosis Eradication Program.
        We solicited comments concerning our proposal for a 60-day comment 
    period ending January 11, 1994. We received 29 comments by that date. 
    They were from a cattle industry association, private citizens, a 
    Federal veterinarian, humane groups, a farm bureau federation, State 
    departments of agriculture, and a veterinary medical association. Eight 
    of the commenters supported the proposed rule as a means of identifying 
    Mexican-origin spayed heifers and intact cattle. The remaining 21 
    commenters opposed the proposal on the grounds that face branding was 
    unnecessary and that alternative means of identifying cattle from 
    Mexico were available.
        APHIS seriously considered all of the comments received. Based on 
    the comments of those who opposed the proposal, and due to increasing 
    public concern that branding on the jaw causes unnecessary distress to 
    cattle, we are withdrawing the November 12, 1993, proposed rule 
    referenced above and are replacing it with an alternative proposal. The 
    alternative proposal is explained below.
    
    New Proposal
    
        As stated above, the period between 1982 and 1992 saw a significant 
    increase in the number of Mexican-origin cattle found at slaughter in 
    the United States to be infected with tuberculosis. Although recent 
    collaborative efforts between U.S. and Mexican animal health 
    authorities and trade associations have brought about a reduction in 
    the number of tuberculosis infected Mexican-origin cattle found at 
    slaughter in the United States, APHIS continues to believe that the 
    monitoring of Mexican-origin cattle imported into the United States is 
    essential to the success of the National Cooperative State-Federal 
    Bovine Tuberculosis Eradication Program.
        The regulations in Sec. 92.427(c)(2) currently require that all 
    steers imported into the United States from Mexico, except steers 
    imported for immediate slaughter under Sec. 92.429 or in-bond for 
    feeding and return to Mexico under Sec. 92.427(e), be hot-iron branded 
    on the right jaw with an ``M'' prior to arriving at the U.S. port of 
    entry. We are proposing to amend those regulations in three ways.
        First, we are proposing to move the location of the ``M'' from the 
    right jaw to the right hip, high on the tailhead (over the fourth to 
    seventh coccygeal vertebrae). The tailhead is currently approved for 
    the placement of ``S'' brands under the brucellosis regulations in 9 
    CFR part 78. In that location, the ``M'' would still be predictably 
    located and readily visible to animal health personnel.
        Second, we are proposing to remove the requirement that the ``M'' 
    be applied with a hot iron. The size of the mark would remain the same 
    as in the current regulations (that is, not less than 2 inches nor more 
    than 3 inches high), but instead of requiring that the mark be applied 
    with a hot iron, we would simply require that the mark be distinct, 
    permanent, and legible. This means that freeze branding could be used 
    as an alternative to a hot-iron brand. Additionally, if another method 
    should be developed that meets the proposed criteria for distinctness, 
    permanence, and legibility, APHIS would allow the use of that method. 
    At present, however, freeze-branding and hot-iron branding are the only 
    methods of which APHIS is aware that are capable of fulfilling those 
    criteria.
        We are proposing to allow the use of freeze branding, which is not 
    currently an option for Mexican-origin cattle, because other factors 
    would mitigate the primary limitations associated with freeze branding.
        One limitation of freeze branding is that the brand takes a minimum 
    of 18 to 21 days to become visible. However, cattle offered for entry 
    into the United States from Mexico are most often M-branded at the time 
    they are tested for tuberculosis, which is no more than 60 days prior 
    to their arrival at the port of entry. An exporter, therefore, would be 
    able to freeze-brand the cattle far enough in advance of offering them 
    for entry into the United States for the freeze brand to become 
    visible.
        Another limitation of freeze branding is that the brand does not 
    show up well on white hair. Because many cattle have white hair on 
    their jaws, APHIS believes that freeze branding would produce an 
    unacceptably high number of unreadable brands if used to brand cattle 
    on the jaw. However, we believe that freeze branding would be a viable 
    alternative for marking cattle on the right hip--the location proposed 
    in this document--because significantly fewer cattle have white hair at 
    that location.
        The third proposed change would be to require that spayed heifers 
    also be marked as being of Mexican origin. The regulations do not 
    currently require that spayed heifers imported into the United States 
    from Mexico be branded, but spayed heifers are increasingly being 
    imported into the United States from Mexico with steers as feeder 
    cattle and are taken to feedlots or pastures for finish feeding prior 
    to slaughter. Such spayed heifers are commingled with steers, and are 
    moved and handled in the same manner as the steers. Because no 
    differentiation is made between steers and spayed heifers in such 
    situations, we believe that it is necessary for the spayed heifers, 
    like the steers, to be marked as being of Mexican origin.
        Our proposed marking requirements for spayed heifers are 
    essentially the same as those proposed for steers, differing only in 
    that the mark would be an ``MX'' rather than an ``M.'' With the 
    ``tail,'' the mark would serve not only to identify the animal as being 
    of Mexican origin, but would also indicate that the animal had been 
    spayed. Additionally, the different mark would provide a means of 
    distinguishing between spayed heifers and steers when the two are mixed 
    together in close quarters, such as in a chute.
        One aspect of the withdrawn November 12, 1993, proposed rule 
    discussed above was a proposal to require the branding of intact cattle 
    (calves, bulls, and unspayed female cattle). In the withdrawn proposal, 
    we stated that we believed that intact cattle imported from Mexico 
    should be permanently identified as being of Mexican origin because the 
    amount of time such cattle spend in the United States--more than 2 
    years, on average--increased the chances that other means of 
    identification such as eartags could be lost or removed.
        In preparing this document, however, we revisited that aspect of 
    the previous proposal and decided not to include any proposed marking 
    requirements for intact cattle from Mexico in this reproposal. Several 
    considerations led us to that decision.
        Substantially fewer intact cattle are imported into the United 
    States from Mexico in an average year than steers and spayed heifers 
    (fewer than 1,000 intact cattle as opposed to nearly 1 million steers 
    and spayed heifers). The intact cattle are imported in smaller lots 
    than the usual 100-animal lots in which steers and spayed heifers are 
    imported, and the lots of intact cattle are kept segregated from the 
    lots of steers and spayed heifers during movement and holding. Also, 
    while Mexican-origin steers and spayed heifers may travel to several 
    feedlots or pastures during the time they are in the United States, 
    intact cattle typically are promptly sold and moved to the new owner's 
    ranch or farm. Further, the interstate movement of intact cattle is 
    regulated under the brucellosis regulations in 9 CFR part 78, while 
    steers and spayed heifers are exempt from those regulations. The 
    brucellosis regulations require, with certain limited exceptions, that 
    a permit or certificate be issued by APHIS prior to the movement of 
    cattle covered by the regulations, and the individual eartag or other 
    identification number of each animal moved must be included on the 
    certificate or permit. All these factors make it significantly easier 
    for APHIS to trace the movement of Mexican-origin intact cattle 
    following their entry into the United States and make it more likely 
    that the owners of Mexican-origin intact cattle will take steps to 
    ensure that each animal's eartag or other identification device is not 
    lost or removed. Therefore, we do not believe it is necessary to 
    include any proposed marking requirements for intact cattle from Mexico 
    in this reproposal.
        We believe that the provisions of this proposed rule would 
    facilitate the disease surveillance and traceback activities that are 
    carried out under the National Cooperative State-Federal Bovine 
    Tuberculosis Eradication Program while substantively addressing the 
    concerns of those who commented on our prior proposal.
    
    Executive Order 12866 and Regulatory Flexibility Act
    
        This proposed 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.
        Cattle imported from Mexico account for about 1 percent of the 
    total U.S. cattle population, which in 1991 stood at 99.4 million head. 
    The average price per head for cattle from Mexico in 1991 was $350, 
    with the total value of imported Mexican cattle exceeding $361 million 
    for the year. During 1991, approximately 1 million live cattle were 
    imported into the United States from Mexico.
        We are proposing to amend the animal importation regulations to 
    require that certain spayed heifers imported into the United States 
    from Mexico be marked with a permanent, legible ``MX'' on the 
    right hip. We are also proposing to require that certain steers 
    imported into the United States from Mexico be marked with a permanent, 
    legible ``M'' on the right hip, rather than on the jaw, as is currently 
    required.
        Three primary considerations lead APHIS to expect that the proposed 
    marking requirements would not have an economic impact on any U.S. 
    entities, large or small. First, all steers imported into the United 
    States from Mexico, except those steers imported for immediate 
    slaughter or in-bond for feeding and return to Mexico, are already 
    required to be identified with an M-brand. For these steers, which 
    represent 99 percent of the cattle imported into the United States from 
    Mexico, only the location of the ``M'' will change.
        The second consideration follows from the first: That is, although 
    there are currently no provisions in the regulations that require 
    spayed heifers to be permanently identified as being of Mexican origin, 
    spayed heifers represent less than 1 percent of the cattle imported 
    into the United States from Mexico. Thus, requiring certain spayed 
    heifers to be marked with an ``MX'' prior to arriving at the U.S. 
    port of entry would have an insignificant effect on exporters or 
    importers of spayed heifers from Mexico.
        The third consideration is that the cost of marking the cattle, 
    which is negligible, would be borne by the Mexican exporter of the 
    cattle.
        Therefore, we expect this proposed rule to have no significant 
    economic impact on any large or small entities because its provisions 
    would not significantly increase or decrease their cost of doing 
    business.
        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 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
    
        This proposed 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 92
    
        Animal diseases, Imports, Livestock, Poultry and poultry products, 
    Quarantine, Reporting and recordkeeping requirements.
    
        Accordingly, 9 CFR part 92 would be amended as follows:
    
    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
    
        1. 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).
    
        2. In Sec. 92.427, paragraph (c)(2) would be revised as set forth 
    below.
    
    
    Sec. 92.427  Cattle from Mexico.
    
    * * * * *
        (c) * * *
        (2) Each steer imported into the United States from Mexico shall be 
    identified with a distinct, permanent, and legible ``M'' mark prior to 
    arrival at a port of entry, unless the steer is imported for slaughter 
    in accordance with Sec. 92.429 or in bond for temporary entry in 
    accordance with Sec. 92.427(e). Each spayed heifer imported into the 
    United States from Mexico shall be identified with a distinct, 
    permanent, and legible ``MX'' mark prior to arrival at a port of 
    entry, unless the spayed heifer is imported for slaughter in accordance 
    with Sec. 92.429 or in bond for temporary entry in accordance with 
    Sec. 92.427(e). The ``M'' or ``MX'' mark shall be not less than 2 
    inches nor more than 3 inches high, and shall be applied to each 
    animal's right hip, high on the tailhead (over the fourth to the 
    seventh coccygeal vertebrae).
    * * * * *
        Done in Washington, DC, this 17th day of August 1994.
    Lonnie J. King,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 94-20639 Filed 8-23-94; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Published:
08/24/1994
Department:
Animal and Plant Health Inspection Service
Entry Type:
Uncategorized Document
Action:
Proposed rule; withdrawal and reproposal.
Document Number:
94-20639
Dates:
Consideration will be given only to comments received on or before October 24, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 24, 1994, Docket No. 93-006-2
CFR: (2)
9 CFR 92.427(e)
9 CFR 92.427