[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Rules and Regulations]
[Pages 48362-48369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23191]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 50, 51, 77, 78, and 80
[Docket No. 95-006-2]
Tuberculosis, Brucellosis, and Paratuberculosis in Cattle and
Bison; Identification Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the tuberculosis, brucellosis, and
paratuberculosis regulations by requiring brands for certain cattle and
bison to be placed on the hip rather than the jaw. This action will
reduce distress to cattle and bison that need to be identified with a
brand by moving the brand to a location that is less sensitive, but
that is still clearly visible. We are also allowing certain cattle and
bison to be moved interstate to slaughter without branding if they are
accompanied directly to slaughter by an Animal and Plant Health
Inspection Service or State representative or are moved in vehicles
closed with official seals. These actions respond to increasing public
concern that branding on the jaw causes unnecessary distress to cattle
and bison.
EFFECTIVE DATE: October 19, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. J.D. Kopec, Senior Staff
Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08,
4700 River Road Unit 36, Riverdale, MD 20737-1231; (301) 734-6188.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the regulations in 9 CFR parts 50, 51, 77, and
78 (referred to below as the regulations), the Animal and Plant Health
Inspection Service (APHIS) administers programs designed to control and
eradicate tuberculosis and brucellosis in cattle and bison. As part of
these programs, hot-iron branding on the jaw and on the tailhead has
been used to identify certain cattle and bison. Specifically, hot-iron
branding on the jaw has been required or allowed in the following
cases: (1) To identify cattle or bison that have contracted or been
exposed to tuberculosis or brucellosis; (2) to identify certain cattle
or bison to be moved interstate to slaughter because of tuberculosis or
brucellosis; and (3) to identify adult cattle or bison that have been
immunized against brucellosis.
There has been increasing public concern that hot-iron branding on
the jaw may cause undue distress to cattle and bison. A number of
animal rights groups and other members of the public have requested
that APHIS remove hot-iron branding on the jaw from our regulatory
programs.
On May 17, 1995, we published in the Federal Register (60 FR 26377-
26381, Docket No. 95-006-1) a proposal to remove hot-iron branding on
the jaw from the regulations in 9 CFR parts 50, 51, 77, and 78. In
places where branding has been required to be on the jaw, we proposed
to move the required location of the brand to high on the hip near the
tailhead. In places where the regulations have offered an owner the
option of branding either on the jaw or on the hip, we proposed to
remove the option of
[[Page 48363]]
branding on the jaw, but retain the brand on the hip. We also proposed
several alternatives to branding certain cattle and bison that are to
be moved interstate for slaughter. We proposed to allow brucellosis
reactor and exposed cattle or bison moving directly to slaughter to be
moved without branding if they are accompanied directly to slaughter by
an APHIS or State representative. We proposed to allow tuberculosis
reactor and exposed cattle or bison moving interstate directly to
slaughter to be moved without branding if they are moved in vehicles
closed with official seals applied and removed by an APHIS
representative, a State representative, an accredited veterinarian, or
an individual authorized for this purpose by an APHIS representative.
We proposed to allow brucellosis reactor and exposed cattle or bison
moving interstate in slaughter channels (e.g, to a specifically
approved stockyard or an approved intermediate handling facility, and
then to slaughter) and brucellosis exposed cattle and bison moving
interstate to quarantined feedlots to be moved without branding if they
are moved in vehicles closed with official seals applied and removed by
an APHIS representative, a State representative, an accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. We also proposed that tuberculosis reactor cattle and
bison would have to be identified by a permanent and legible ``TB''
tattooed in the left ear, and by spraying the left ear with yellow
paint, in order to be moved interstate without branding.
We solicited comments concerning our proposal for 30 days ending
June 16, 1995. We received 11 comments by that date. They were from
livestock associations, animal welfare organizations, veterinarians,
and members of Congress. Three commenters opposed the proposed rule;
four commenters supported the proposed rule completely; and the
remaining four commenters supported the proposed rule but asked APHIS
to consider making some additions and changes. We carefully considered
all of the comments we received. They are discussed below by topic.
Several commenters supported the proposed amendments to the
tuberculosis and brucellosis regulations, but asked that we make the
same amendments to the regulations in 9 CFR part 80, ``Paratuberculosis
in Domestic Animals,'' which have required a ``T'' brand on the left
jaw for paratuberculosis reactor cattle. We have chosen to make this
amendment in our final rule. The amendment is in keeping with the
intent of the proposal to remove branding on the jaw from all APHIS
disease control programs, and our failure to include part 80 in the
proposed rule was an oversight. In addition, we are making a change to
require that paratuberculosis reactors be branded with the letter ``J''
instead of the letter ``T''. Paratuberculosis is also commonly known as
Johne's disease. A ``J'' brand would distinguish paratuberculosis
reactors from bovine tuberculosis reactors (which are branded with the
letter ``T''). We are therefore amending 9 CFR part 80 to require that
paratuberculosis reactors be branded with the letter ``J'' high on the
left hip near the tailhead. We are also adding the option for
paratuberculosis reactor cattle moving interstate directly to slaughter
to be moved without branding if they are accompanied by an APHIS or
State representative; and for paratuberculosis reactor cattle moving
interstate in slaughter channels to be moved without branding if they
are moved in vehicles closed with official seals applied and removed by
an APHIS representative, a State representative, an accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. We are also making another change to part 80. Section
80.4 currently states that the inscription on the metal eartags for
paratuberculosis reactors must read ``U.S.B.A.I. Reacted'' or ``U.S.
Reacted.'' These inscriptions are out of date, so we are amending
Sec. 80.4 to require that the inscription read ``U.S. Reactor.'' This
inscription is consistent with the inscriptions required by the
regulations for other disease reactors.
One commenter was opposed to the proposed options for moving
tuberculosis and brucellosis reactor and exposed cattle and bison to
slaughter without branding. The commenter argued that branding ensures
that such animals are slaughtered, and said that the agency will be
unable to accomplish its goals of disease eradication if identification
requirements are weakened. We have made no changes based on this
comment. As discussed in the proposed rule, we believe that the
provisions under which we would allow disease-affected animals to be
moved without branding will provide owners with an alternative to
branding without negatively affecting APHIS' ability to conduct its
disease eradication activities.
Two commenters stated that the location of the brands should either
remain on the jaw or be moved to the neck or high on the shoulder. They
argue that some State livestock agencies have set aside the jaw for
brands used in State and Federal animal disease control programs. They
also argue that a Federal brand on the hip may be confused or conflict
with registered ownership brands on the hip--a number of which are
similar to the ``S'', ``T'', ``B'', and ``V'' brands called for in the
proposed rule. We have made no changes based on these comments. The
same location specified in the proposed rule for all brands required by
9 CFR parts 50, 51, 77, and 78 has been used by APHIS for the placement
of ``S'' and ``V'' brands under the regulations in 9 CFR part 78 since
1983, and for ``M'' brands under 9 CFR part 92 since the beginning of
this year. We are unaware of any identification problems resulting from
those existing brands. Further, the proposed location of ``high on the
hip near the tailhead'' is a different location on the hip from where
registered ownership brands are placed, and we therefore do not believe
that any confusion will result.
One commenter stated that it is unnecessary to require tuberculosis
reactors moved without branding in sealed vehicles to be tattooed and
spray-painted on the ear. The commenter believes that properly sealed
vehicles, eartags, accompanying shipping permits, and good
communication with meat inspection personnel would provide adequate
assurance that tuberculosis reactors are not diverted from slaughter.
Conversely, another commenter stated that the proposed requirement to
tattoo and spray-paint tuberculosis reactors should also be applied to
tuberculosis exposed animals and brucellosis reactors and exposed
animals that are moved interstate to slaughter without branding. The
latter commenter argues there are numerous opportunities to divert
cattle and bison from slaughter--for example, in slaughter pens, or
when cattle and bison must be transferred from one truck to another due
to equipment failure--and that for this reason it is important that all
cattle and bison moving to slaughter because of tuberculosis or
brucellosis be permanently identified.
We have made no changes to the rule based on these comments. We
recognize that there may be incentives to divert valuable, but
diseased, cattle or bison from slaughter channels in order to avoid the
monetary loss from the slaughter of the animal. We stated in the
proposed rule that we believe this incentive is significantly greater
for tuberculosis reactors than for other diseased cattle or bison,
because unlike tuberculosis exposed or brucellosis reactor and exposed
cattle or bison, tuberculosis reactors can only be sold for consumption
if the meat is cooked.
[[Page 48364]]
Currently, there are only four slaughtering facilities in the United
States that have established markets for meat required to be cooked, so
this option is not available to the majority of cattle and bison
owners. Consequently, most tuberculosis reactor cattle and bison sent
to slaughter constitute an average monetary loss of $400 or more to the
owner, creating an incentive to divert valuable animals that are
tuberculosis reactors from slaughter to be used for some other purpose.
Since tuberculosis exposed animals and brucellosis reactor and exposed
animals do not have to be cooked before they can be sold for
consumption, their slaughter value is potentially greater, and the
incentive to divert is not as significant. In light of this, we believe
that the precautions we proposed for moving tuberculosis exposed
animals and brucellosis reactor and exposed animals to slaughter
without branding are adequate to prevent diversion of the animals and
dissemination of the diseases they carry. Perhaps more importantly, the
post-mortem examination and specific disposition of tuberculosis
reactor carcasses required by the United States Department of
Agriculture's Food Safety and Inspection Service (FSIS) regulations is
more stringent than that required of tuberculosis exposed and
brucellosis reactor and exposed carcasses. It is imperative that
tuberculosis reactors are identified at slaughter to ensure they are
properly examined and disposed of in accordance with FSIS requirements.
One commenter stated that APHIS should consider eliminating the
need for branding altogether by requiring that all brucellosis and
tuberculosis reactor and exposed cattle and bison moved interstate to
slaughter be accompanied by an APHIS or State representative or be
moved in vehicles closed with official seals applied and removed by an
APHIS representative, a State representative, an accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. We have made no changes based on this comment.
It is our belief that most cattle and bison owners will choose to
move their animals to slaughter without branding using one of the
options provided in the proposed rule. Branding a herd of cattle or
bison is time-consuming, difficult, and costly because of the effort
and personnel needed to restrain each animal. It is far easier to
simply herd the animals into a truck which is then sealed by the APHIS
representative, State representative, or accredited veterinarian who
identified the herd. However, there are always circumstances under
which it is impractical or unfeasible for owners to move their animals
in this manner, such as lack of a proper vehicle, unavailability of
APHIS or State personnel, or inability to market the animals
immediately. Under such circumstances, it would be necessary for owners
to have the cattle or bison branded.
The same commenter also asked that we amend numerous paragraphs in
Sec. 78.9 of the brucellosis regulations, ``Cattle from herds not known
to be affected,'' to allow such cattle to be moved interstate without
branding if they are accompanied directly to slaughter by an APHIS or
State representative. Section 78.9 concerns movement of cattle from
brucellosis Class Free, Class A, Class B, and Class C States and areas
to quarantined feedlots, specifically approved stockyards, or approved
intermediate handling facilities, and then to slaughter. Section 78.9
requires certain cattle moving from Class B and Class C States and
areas to be branded. We proposed to amend this section to allow those
cattle which are required to be branded to be moved without branding if
they are moved in vehicles closed with official seals applied and
removed by an APHIS representative, a State representative, an
accredited veterinarian, or an individual authorized for this purpose
by an APHIS representative. We have made no changes based on this
comment.
We did not propose the option which the commenter requests because,
given the large number of movements under Sec. 78.9 to feedlots,
stockyards, and handling facilities, and given the limited number of
APHIS and State personnel available to accompany such shipments, it
would be impractical, if not impossible, to offer this option. It is
for this reason that we proposed to allow reactor and exposed cattle
and bison to be moved without branding and accompanied by an APHIS or
State representative only if they are moving directly to slaughter. We
believe that allowing cattle that would otherwise be branded to be
moved without branding in slaughter channels if they are moved in a
sealed vehicle is adequate to allow owners to move their animals
without branding if they so choose. Further, there are currently no
Class B or Class C States or areas. Therefore, no cattle are branded
under the regulations in Sec. 78.9.
One commenter asked that APHIS allow owners to mark their cattle in
some way other than with a hot iron, such as freeze-branding. The
commenter said that, according to previous APHIS policy, a mark for a
disease-affected animal must be ``permanent, distinct, and legible'';
APHIS' assertion in the proposed rule that a mark must also be
``instantly recognizable'' is a novel criteria. Relative to this, the
commenter said that ``(c)learly what APHIS intends here is not that all
letter marks be instantaneously readable, but, rather, that letter
marks be readable at the time animals begin their interstate journeys
to slaughter.'' Accordingly, even though freeze-branding takes a
minimum of 18 to 21 days to become readable, and in order to claim
indemnity for cattle and bison destroyed because of tuberculosis or
brucellosis the owner must destroy the animals within 15 days, APHIS
should allow identification options such as freeze-branding for cattle
and bison owners who do not wish to claim indemnity. We have made no
changes based on this comment.
In the past, APHIS has set forth its criteria that a mark for
identifying cattle and bison must be permanent, distinct, and legible.
In a recent rulemaking, which is cited by the commenter, we offered
these criteria as justification for allowing marking methods such as
freeze-branding to be employed when identifying certain cattle from
Mexico for importation into the United States (Docket No. 93-006-3, 59
FR 65893-65897). The Mexican cattle of concern in that rulemaking are
not known to be diseased. We require that such animals be identified by
a distinct, permanent, and legible mark for traceback purposes, in the
event that they are diseased and U.S. livestock are exposed to them.
The mark must be visible at the time the Mexican cattle are presented
for importation, but the owner may brand them at any time prior to the
importation, making branding methods that take several weeks to become
visible a viable option.
This rulemaking, in contrast, concerns cattle and bison which are
known to be affected with tuberculosis or brucellosis, or are known to
have been exposed to an animal that is affected with tuberculosis or
brucellosis. It is imperative that animals known to be affected with a
disease as destructive as brucellosis or tuberculosis be either
identified immediately or moved to slaughter in such a manner that
there is no significant risk the animals will be diverted from their
destination. For this reason we did not propose to allow marking
methods that are not instantly recognizable for identifying brucellosis
and tuberculosis reactor and exposed cattle and bison.
As we stated in the proposal, the necessity for an instantly
recognizable mark is so that the animals are not unknowingly commingled
with healthy
[[Page 48365]]
animals after they leave the premises where they were identified for
slaughter. Even if the ``instantly recognizable'' requirement were to
be waived to allow freeze-branding, the owners of reactor or exposed
cattle and bison would have to keep those animals under quarantine for
the 18-21 days that it takes for a freeze-brand to become visible. That
extra time on the farm would increase the chances that healthy animals
might become exposed or infected. A central goal of the brucellosis and
tuberculosis eradication programs is to identify diseased animals and
get them away from other animals before the disease can spread. To
require the animals to be kept on the farm runs counter to that goal.
The owners of the quarantined cattle and bison would also be subject to
economic losses associated with feeding and caring for the animals,
potential decreases in market prices, and animals dying before sale.
The same commenter asked that we allow a tattoo and paint as an
alternative to hot-iron branding. Since we say in the proposal that we
believe a tattoo and yellow paint would be permanent and legible, the
commenter asserts that it follows that it would be distinct as well,
and would therefore fulfill the three criteria of distinct, permanent,
and legible. We have made no changes based on this comment. We proposed
that tuberculosis reactor cattle and bison that are moved to slaughter
without branding be moved in a sealed vehicle or accompanied by an
APHIS or State representative, and also be marked in the left ear with
a tattoo and the ear be sprayed with yellow paint. Marking the ear with
a permanent and legible tattoo will help eliminate the possibility that
a tuberculosis reactor could be sold for any purpose other than
slaughter, because the seller would risk a civil lawsuit should the
buyer discover the tattoo in the reactor's ear. We proposed this type
of mark as an alternative to branding in this case because we needed to
provide an alternative, but did not believe we could safely allow
tuberculosis reactors to move to slaughter without some sort of
permanent mark.
There are problems with tattooing that prevent us from offering it
as a general alternative for all disease-affected animals. One is that
the tattoo must be on skin (not hair) in order to be legible. We have
chosen the inside of the ear as the most accessible and reliable area
on which to place a tattoo. Further, the animal's head must be
restrained in order to tattoo the ear, and in order to see the tattoo
at a later time. Yellow paint on the ear can help identify an animal
which has a ``TB'' tattoo, but it is not foolproof, as paint can wear
or rub off. Tuberculosis reactor animals are moved directly to
slaughter, making it less likely that this will occur. Brucellosis
exposed animals are often shipped through feedlots and other slaughter
channels, increasing the possibility that the paint will have worn off
by the time the animal reaches the slaughtering facility. For these
reasons, we have chosen to confine the use of a tattoo as disease
identification to tuberculosis reactors that are moved to slaughter
without branding.
One commenter asked that we state in the regulations that the
proposed shipments in sealed vehicles for unmarked cattle and bison
would be subject to the requirements of the Twenty-Eight Hour Law. In
conjunction with this, the commenter asked that we add to the
regulations definitions for ``moved directly'' and ``sealed vehicle''
to clarify that these stipulations do not conflict with the
requirements of the Twenty-Eight Hour Law. We have made no changes
based on this comment.
The commenter is referring to a statute at 45 U.S.C 71-74, which
requires, among other things, that animals may not be confined during
transport for a period longer than 28 consecutive hours without
unloading them in a humane manner for rest, water, and feeding. The
regulations in 9 CFR part 89, ``Statement of Policy Under the Twenty-
Eight Hour Law,'' set forth APHIS policy concerning the authorizing
statute at 45 U.S.C. 71-74, and are written to apply only to transport
by railcar. Virtually no transportation of tuberculosis and brucellosis
affected cattle and bison is done today by railcar, as nearly all such
transport today is by truck. The Twenty-Eight Hour Law does not apply
to transport by truck.
In our proposal, we state that the official seals on a sealed
vehicle must be ``applied and removed by an APHIS representative, State
representative, accredited veterinarian, or an individual authorized
for this purpose by an APHIS representative.'' The operator of the
conveyance in which the animals are being transported will have been
furnished with the telephone numbers of APHIS representatives in the
States of origin and destination prior to his or her departure from the
State of origin. If, for any reason, the operator is unable to reach
the slaughtering establishment as planned, or otherwise determines that
it is necessary to unload the animals from the sealed vehicle, the
operator will be able to contact an APHIS representative, who will make
the necessary arrangements for APHIS or State personnel to travel to
the location of the conveyance in order to remove the seal, apply a new
seal when the animals are reloaded, and take whatever precautions are
necessary in the interim to ensure that the animals are maintained in
isolation sufficient to prevent dissemination of the diseases they
carry. This practice is standard, and we do not believe it is necessary
to describe it in the regulations.
The same commenter suggested that APHIS create an incentive for
cattle and bison owners to ship their tuberculosis- and brucellosis-
affected cattle and bison to slaughter without branding by awarding
certificates of recognition to owners who regularly opt to ship their
animals in sealed vehicles or under APHIS or State escort as an
alternative to branding. The commenter said that APHIS should publicize
the award of these certificates periodically through agency press
releases and reports. The commenter reasons that most cattle producers
and brokers will continue to brand their disease-affected animals
despite the alternative offered in the proposed rule, and that if APHIS
is committed to reducing distress to cattle and bison, some further
incentive will need to be offered.
We are making no changes based on this comment. As stated in
response to a previous comment, it is our belief that most cattle and
bison owners will choose to move their animals to slaughter without
branding using one of the options provided in this rule. Branding a
herd of cattle or bison is time-consuming, difficult, and costly
because of the effort and personnel needed to restrain each animal. It
is far easier to simply herd the animals into a truck which is then
sealed. Regardless of this belief, the primary concern of APHIS is to
move these animals to slaughter without disseminating the diseases they
carry to healthy animals. While we are attempting to achieve this in
the most humane manner possible, there are circumstances under which we
would advise branding over the other alternatives we proposed, such as
if the cattle or bison cannot be moved immediately to slaughter. For
this reason, we are not promoting the consistent use of one alternative
over another. Further, it is likely that most owners of tuberculosis or
brucellosis affected herds would not elect to publicize the fact that
their animals were slaughtered because of these diseases. We are
offering owners several options for moving their animals, and we are
available to advise them about which option would be most appropriate,
and safe, given the circumstances under which their
[[Page 48366]]
animals will be moved. If a private entity wishes to award such
certificates of recognition, and they find that cattle and bison owners
are willing to accept such recognition, they may feel free to do so.
One commenter pointed out that, although the Supplementary
Information in the proposal states that ``(w)e would allow brucellosis
reactor and exposed cattle or bison moving directly to slaughter to be
moved without branding if they are accompanied directly to slaughter by
an APHIS or State representative,'' we do not include this allowance in
the regulatory amendments to part 78. Our failure to make the change
was an oversight, as it was clearly our intention to allow exposed
cattle and bison to be moved directly to slaughter without branding if
they are accompanied directly to slaughter by an APHIS or State
representative, and we did make the necessary changes to part 51 to
allow for that. We are, therefore, in this final rule amending
Sec. 78.8(a)(2)(iii)(D) to allow brucellosis exposed cattle and bison
to be moved directly to slaughter without branding if they are
accompanied directly to slaughter by an APHIS or State representative.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule, with the changes discussed in this document.
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.
We do not anticipate that this rule will have an economic impact on
any entities, large or small. Cattle and bison that have contracted or
been exposed to tuberculosis, brucellosis, or paratuberculosis, or that
have been immunized against brucellosis, are already required to be
identified by a brand; this rule will simply change the location of the
brand. Under the tuberculosis, brucellosis, and paratuberculosis
eradication programs, the Animal and Plant Health Inspection Service
and cooperating States bear the costs of branding cattle and bison, and
changing the location of the brand will not result in any change in
costs to APHIS or the States. Further, although branding is generally
done on the ranch or farm where the cattle or bison are located, no new
equipment will be necessary for branding the cattle or bison on the
hip, so there will be no new costs to the owner of the animals.
This rule will also allow certain cattle and bison to be moved
interstate to slaughter without branding if they are accompanied
directly to slaughter by an APHIS or State representative, or if they
are moved in vehicles closed with official seals applied and removed by
an APHIS representative, State representative, accredited veterinarian,
or an individual authorized for this purpose by an APHIS
representative. Such movement will be a voluntary alternative to
branding, and will not impose any additional costs to owners of cattle
or bison that are to be moved interstate.
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 in conflict 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
9 CFR Part 50
Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.
9 CFR Part 51
Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and
recordkeeping requirements.
9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
9 CFR Part 80
Animal diseases, Livestock, Transportation.
Accordingly, 9 CFR parts 50, 51, 77, 78, and 80 are amended as
follows:
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS
1. The authority citation for part 50 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 50.6, paragraphs (a) and (b) are revised to read as
follows:
Sec. 50.6 Identification of animals to be destroyed because of
tuberculosis.
* * * * *
(a) Reactor cattle and bison. Reactor cattle and bison shall be
identified by branding the letter ``T,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead and by
attaching to the left ear an approved metal eartag bearing a serial
number and the inscription ``U.S. Reactor'', or a similar State reactor
tag. Reactor cattle and bison may be moved interstate to slaughter
without branding if they are permanently identified by the letters
``TB'' tattooed legibly in the left ear, they are sprayed on the left
ear with yellow paint, and they are either accompanied by an APHIS or
State representative or moved directly to slaughter in vehicles closed
with official seals. Such official seals must be applied and removed by
an APHIS representative, State representative, accredited veterinarian,
or an individual authorized for this purpose by an APHIS
representative.
(b) Exposed cattle and bison. Exposed cattle and bison shall be
identified by branding the letter ``S,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead and by
attaching to the left ear an approved metal eartag bearing a serial
number. Exposed cattle and bison may be moved interstate to slaughter
without branding if they are either accompanied by an APHIS or State
representative or moved directly to slaughter in vehicles closed with
official seals. Such official seals must be applied and removed by an
APHIS representative, State representative, accredited veterinarian, or
an individual authorized for this purpose by an APHIS representative.
* * * * *
PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS
3. The authority citation for part 51 continues to read as follows:
[[Page 48367]]
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.17, 2.51, and 371.2(d).
4. In Sec. 51.5, paragraph (b) is revised to read as follows:
Sec. 51.5 Identification of animals to be destroyed because of
brucellosis.
* * * * *
(b) Except as provided in paragraph (b)(4) of this section, cattle
and bison to be destroyed because of brucellosis shall be individually
identified prior to moving interstate by attaching to the left ear a
metal tag bearing a serial number and the inscription ``U.S. Reactor,''
or a similar State reactor tag, and must be:
(1) ``B'' branded (as defined in Sec. 78.1); or
(2) Accompanied directly to slaughter by an APHIS or State
representative; or
(3) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. The official seal numbers must be recorded on the
accompanying permit.
(4) Reactor and exposed cattle and bison in herds scheduled for
herd depopulation may be moved interstate without eartagging or
branding if they are identified by USDA approved backtags and either
accompanied directly to slaughter by an APHIS or State representative
or moved directly to slaughter in vehicles closed with official seals.
Such official seals must be applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative.
* * * * *
PART 77--TUBERCULOSIS
5. The authority citation for part 77 continues to read as follows:
Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,
and 134f; 7 CFR 2.17, 2.51, and 371.2(d).
6. In Sec. 77.5, the heading is amended by removing the word
``comtaining'' and adding the word ``containing'' in its place, and
paragraphs (a)(1) and (b)(1) are revised to read as follows:
Sec. 77.5 Interstate movement of cattle and bison that are exposed,
reactors, or suspects, or from herds containing suspects.
(a) Reactor cattle and bison. * * *
(1) Reactor cattle and bison must be individually identified by
attaching to the left ear an approved metal eartag bearing a serial
number and the inscription ``U.S. Reactor'', or a similar State reactor
tag, and must be:
(i) Branded with the letter ``T,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead; or
(ii) Permanently identified with the letters ``TB'' tattooed
legibly in the left ear and sprayed with yellow paint on the left ear,
and either accompanied directly to slaughter by an APHIS or State
representative or moved directly to slaughter in vehicles closed with
official seals. Such official seals must be applied and removed by an
APHIS representative, State representative, accredited veterinarian, or
an individual authorized for this purpose by an APHIS representative.
* * * * *
(b) Exposed cattle and bison. * * *
(1) Exposed cattle and bison must be individually identified by
attaching to the left ear an approved metal eartag bearing a serial
number, and must be:
(i) Branded with the letter ``S,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead; or
(ii) Accompanied directly to slaughter by an APHIS or State
representative; or
(iii) Moved directly to slaughter in vehicles closed with official
seals. Such official seals must be applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative.
* * * * *
PART 78--BRUCELLOSIS
7. The authority citation for part 78 continues to read as follows:
Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-
126, 134b, and 134f; 7 CFR 2.17, 2.51, and 371.2(d).
Subpart A--General Provisions
Sec. 78.1 [Amended]
8. Section 78.1 is amended as follows:
a. In the definition for ``B'' branded, the phrase ``at least 5 sq.
cm. (2X2 inches) in size on the left jaw'' is removed and ``high on the
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2
inches) in size'' is added in its place.
b. In the definition for Official adult vaccinate, paragraph (b)(1)
is amended by removing ``on the right jaw or'' and by adding ``at least
5 by 5 centimeters (2 by 2 inches) in size'' immediately after
``tailhead''.
c. In the definition for ``S'' branded, the phrase ``at least 5 sq.
cm. (2X2 inches) in size on the left jaw or high on the tailhead (over
the fourth to the seventh coccygeal vertebrae)'' is removed and ``high
on left hip near the tailhead and at least 5 by 5 centimeters (2 by 2
inches) in size'' is added in its place.
Subpart B--Restrictions on Interstate Movement of Cattle Because of
Brucellosis
9. In Sec. 78.7, paragraph (b) is revised to read as follows:
Sec. 78.7 Brucellosis reactor cattle.
* * * * *
(b) Identification. Brucellosis reactor cattle must be individually
identified prior to moving interstate by attaching to the left ear a
metal tag bearing a serial number and the inscription ``U.S. Reactor,''
or a metal tag bearing a serial number designated by the State animal
health official for identifying brucellosis reactors, and must be:
(1) ``B'' branded (as defined in Sec. 78.1); or
(2) Accompanied directly to slaughter by an APHIS or State
representative; or
(3) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. The official seal numbers must be recorded on the
accompanying permit.
* * * * *
10. Section 78.8 is amended as follows:
a. Paragraph (a)(2)(iii)(D) is redesignated as paragraph
(a)(2)(iii)(E); and a new paragraph (a)(2)(iii)(D) is added to read as
set forth below.
b. The period at the end of paragraphs (a)(3)(iii)(C),
(a)(5)(iii)(C), and (b)(3)(ii) is removed, and ``; or'' is added in its
place; and new paragraphs (a)(3)(iii)(D), (a)(5)(iii)(D), and
(b)(3)(iii) are added to read as set forth below.
Sec. 78.8 Brucellosis exposed cattle.
* * * * *
(a) * * *
(2) * * *
(iii) * * *
(D) Accompanied directly to slaughter by an APHIS or State
representative; or
* * * * *
(3) * * *
(iii) * * *
(D) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. The official seal numbers must be recorded on the
accompanying permit or ``S'' brand permit.
* * * * *
[[Page 48368]]
(5) * * *
(iii) * * *
(D) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. The official seal numbers must be recorded on the
accompanying permit or ``S'' brand permit.
* * * * *
(b) * * *
(3) * * *
(iii) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. The official seal numbers must be recorded on the
accompanying permit or ``S'' brand permit.
* * * * *
11. Section 78.9 is amended by removing the period and adding ``;
or'' in its place at the end of the following paragraphs:
a. (c)(1)(v)(C).
b. (c)(1)(vii)(C).
c. (c)(2)(i)(C).
d. (c)(2)(ii)(B).
e. (d)(1)(v)(C).
f. (d)(1)(vii)(C).
g. (d)(2)(i)(C).
h. (d)(2)(ii)(B).
12. Section 78.9 is amended by adding new paragraphs (c)(1)(v)(D),
(c)(1)(vii)(D), (c)(2)(i)(D), (c)(2)(ii)(C), (d)(1)(v)(D),
(d)(1)(vii)(D), (d)(2)(i)(D), and (d)(2)(ii)(C) to read as follows:
Sec. 78.9 Cattle from herds not known to be affected.
* * * * *
(c) * * *
(1) * * *
(v) * * *
(D) They are accompanied by an ``S'' brand permit and moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
* * * * *
(vii) * * *
(D) They are accompanied by an ``S'' brand permit and moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
(2) * * *
(i) * * *
(D) A quarantined feedlot, a specifically approved stockyard and
then directly to a quarantined feedlot, or an approved intermediate
handling facility and then directly to a quarantined feedlot if the
cattle are accompanied by an ``S'' brand permit and moved in vehicles
closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
(ii) * * *
(C) They are accompanied by an ``S'' brand permit and moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
* * * * *
(d) * * *
(1) * * *
(v) * * *
(D) They are accompanied by an ``S'' brand permit and moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
* * * * *
(vii) * * *
(D) They are accompanied by an ``S'' brand permit and moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
(2) * * *
(i) * * *
(D) A quarantined feedlot, a specifically approved stockyard and
then directly to a quarantined feedlot, or an approved intermediate
handling facility and then directly to a quarantined feedlot if the
cattle are accompanied by an ``S'' brand permit and moved in vehicles
closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
(ii) * * *
(C) They are accompanied by an ``S'' brand permit and moved in
vehicles closed with official seals applied and removed by an APHIS
representative, State representative, accredited veterinarian, or an
individual authorized for this purpose by an APHIS representative. The
official seal numbers must be recorded on the accompanying ``S'' brand
permit.
* * * * *
Subpart C--Restrictions on Interstate Movement of Bison Because of
Brucellosis
13. In Sec. 78.22, paragraph (b) is revised to read as follows:
Sec. 78.22 Brucellosis reactor bison.
* * * * *
(b) Identification. Brucellosis reactor bison must be individually
identified prior to moving interstate by attaching to the left ear a
metal tag bearing a serial number and the inscription ``U.S. Reactor,''
or a metal tag bearing a serial number designated by the State animal
health official for identifying brucellosis reactors, and must be:
(1) ``B'' branded (as defined in Sec. 78.1); or
(2) Accompanied directly to slaughter by an APHIS or State
representative; or
(3) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative. The official seal numbers must be recorded on the
accompanying permit.
* * * * *
PART 80--PARATUBERCULOSIS IN DOMESTIC ANIMALS
14. The authority citation for part 80 is revised to read as
follows:
Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and
125; 7 CFR 2.17, 2.51, and 371.2(d).
15. In Sec. 80.4, paragraph (a) is revised to read as set forth
below.
Sec. 80.4 Movement of paratuberculosis reactors.
* * * * *
(a) Cattle and other domestic animals that have reacted to such a
test must be individually identified by attaching to
[[Page 48369]]
the left ear an approved metal eartag bearing a serial number and the
inscription ``U.S. Reactor'', or a similar State reactor tag. Cattle
must also be:
(1) Branded with the letter ``J,'' at least 5 by 5 centimeters (2
by 2 inches) in size, high on the left hip near the tailhead; or
(2) Accompanied directly to slaughter by an APHIS or State
representative; or
(3) Moved in vehicles closed with official seals applied and
removed by an APHIS representative, State representative, accredited
veterinarian, or an individual authorized for this purpose by an APHIS
representative.
* * * * *
Done in Washington, DC, this 13th day of September 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-23191 Filed 9-18-95; 8:45 am]
BILLING CODE 3410-34-P
