[Federal Register: July 20, 2004 (Volume 69, Number 138)]
[Rules and Regulations]
[Page 43283-43285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy04-1]
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Rules and Regulations
Federal Register
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[[Page 43283]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. 03-081-1]
Tuberculosis in Cattle; Import Requirements
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the animal importation regulations to require
that steers and spayed heifers with any evidence of horn growth that
are entering the United States meet the same tuberculosis testing
requirements as sexually intact animals entering the United States. In
their current form, the regulations do not distinguish between steers
and spayed heifers imported strictly as feeders and those with horn
growth, which may be used for exhibitions, rodeos, and roping and
bulldogging practices. Animals used for these purposes are often
maintained longer than feeder cattle. The longer the life span of an
animal, the greater the chances are that, if exposed to tuberculosis,
it will contract the disease, develop generalized disease, and spread
it to other animals. We believe that the risks of tuberculosis
transmission associated with steers and spayed heifers with horn growth
justify regulating the importation of such animals in a manner
equivalent to the way we regulate sexually intact cattle, which also
have longer life spans than feeder cattle and are consequently more
likely to spread tuberculosis if they have been exposed to that
disease. This action is necessary to reduce the risk of imported cattle
transmitting tuberculosis to domestic livestock in the United States.
DATES: This interim rule is effective August 19, 2004. We will consider
all comments that we receive on or before September 20, 2004.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 03-081-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 03-081-1.
E-mail: Address your comment to
regulations@aphis.usda.gov. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 03-081-1'' on the subject
line.
Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, National Tuberculosis
Program Coordinator, Eradication and Surveillance Team, National Center
for Animal Health Programs, VS, APHIS, 4020 N. Lincoln Blvd., Suite
101, Oklahoma City, OK 73105; (405) 427-2998.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93 prohibit or restrict the
importation of certain animals, birds, and poultry into the United
States to prevent the introduction of communicable diseases of
livestock and poultry. Subpart D of part 93 (Sec. Sec. 93.400 through
93.435, referred to below as the regulations) governs the importation
of ruminants. Section 93.406 of the regulations contains requirements
for diagnostic tests for brucellosis and tuberculosis. Section 93.427
contains some additional safeguards against tick-borne diseases,
brucellosis, and tuberculosis for cattle imported into the United
States from Mexico.
Bovine tuberculosis is an infectious disease caused by the
bacterium Mycobacterium bovis. Although commonly defined as a chronic
debilitating disease, bovine tuberculosis can occasionally assume an
acute, rapidly progressive course. While body tissue can be affected,
lesions are most frequently observed in the lymph nodes, lungs,
intestines, liver, spleen, pleura, and peritoneum. Although cattle are
considered to be the true hosts of M. bovis, the disease has been
reported in several other species of both domestic and nondomestic
animals and in humans. Currently, all areas of the United States are
considered to be free of bovine tuberculosis except for Texas,
Michigan, New Mexico, and California.
Currently, the regulations for tuberculosis treat imported steers
and spayed heifers differently from imported sexually intact cattle.
Under Sec. 93.406(a)(2)(i), steers and spayed heifers must have come
from a herd of origin that tested negative to a whole herd test for
tuberculosis within 1 year prior to the date of exportation to the
United States; each of the animals must have tested negative to an
additional official tuberculin test conducted within 60 days prior to
the date of exportation to the United States; and any individual cattle
that had been added to the herd
[[Page 43284]]
must have tested negative to any individual tests for tuberculosis
required by the Administrator. For sexually intact cattle from an
accredited herd (a herd that has passed at least two consecutive annual
official tuberculin tests and has no evidence of tuberculosis), the
herd must have been certified as an accredited herd for tuberculosis
within 1 year prior to the date of exportation to the United States.
Sexually intact cattle not from an accredited herd must have originated
from a herd of origin that tested negative to a whole herd test for
tuberculosis within 1 year prior to the date of exportation to the
United States. Each of these animals must also have tested negative to
one additional official tuberculin test conducted no more than 6 months
and no less than 60 days prior to the date of exportation to the United
States, unless the animals are exported within 6 months of when the
herd of origin tested negative to a whole herd test, in which case the
additional test is not required. In addition, any individual cattle
that had been added to the herd must have tested negative to any
individual tests for tuberculosis required by the Administrator.
The higher level of risk of tuberculosis transmission associated
with sexually intact cattle accounts for their more stringent
regulatory treatment. Steers and spayed heifers are often imported as
feeders and slaughtered before the age of 2 years. They usually graze
with other feeders before being taken to feedlots and, subsequently, to
slaughter. Sexually intact cattle, on the other hand, are typically
imported for breeding purposes, and their average life span ranges from
7 to 12 years. The longer the life span of an animal, the greater the
chances are that, if exposed to tuberculosis, it will contract the
disease, develop generalized disease, and spread it to other animals.
In addition, since bovine tuberculosis may be spread by nursing or
aerosolization, an infected breeding cow may not only spread the
disease to the other breeding cattle with which she is kept, but also
to her offspring or the offspring of other breeding cattle.
Some imported steers and spayed heifers, however, have also been
associated with higher levels of tuberculosis risk. Cattle with horn
growth (i.e., cattle that are not polled or dehorned; hereafter
referred to as exhibition animals) may be used for exhibitions, rodeos,
and roping and bulldogging practices. Cattle used for these purposes
are more expensive than feeder animals and are often maintained longer.
In addition, exhibition animals are managed much differently than
feeder animals. Exhibition animals are housed in or near arenas for
rodeo events and practice sessions. When the season is over, these
animals may be commingled with breeding animals or herds during the
winter. This routine practice may be repeated over the course of 2 to 5
years. Consequently, exhibition animals have historically exhibited a
significantly higher risk of spreading tuberculosis than have feeder
cattle. It is our view that the risks presented by exhibition animals
justify regulating their importation in a manner equivalent to the way
we regulate sexually intact cattle.
In their current form, the regulations do not distinguish between
steers and spayed heifers imported strictly as feeders and those whose
horn growth may enable them to be used in exhibitions. Because steers
or spayed heifers with horn growth are far more likely to be imported
for use in exhibitions than those without horn growth, they may be
associated with the additional risk factors described in the previous
paragraph. Therefore, in order to offer greater protection to U.S.
livestock herds against tuberculosis, we are amending the regulations
in Sec. 93.406(a)(2) to require that steers or spayed heifers intended
for importation into the United States that have any evidence of horn
growth meet the same tuberculosis testing requirements as sexually
intact cattle imported into the United States. In addition, we are
amending Sec. 93.427(c)(3), which provides, among other things, for
the detention at the U.S. port of entry of sexually intact cattle from
Mexico until the cattle are tested for tuberculosis with negative
results. Under this rulemaking, steers or spayed heifers from Mexico
with any evidence of horn growth will also be subjected to this
requirement.
Emergency Action
This rulemaking, which requires that steers and spayed heifers with
any evidence of horn growth that are entering the United States meet
the same tuberculosis testing requirements as sexually intact animals
entering the United States, is necessary on an emergency basis to
reduce the risk of imported cattle transmitting tuberculosis to
domestic livestock in the United States. Under these circumstances, the
Administrator has determined that there is good cause under 5 U.S.C.
553 for issuing this rule as an interim rule rather than by publishing
a notice of proposed rulemaking. We are making this rule effective 30
days after publication in the Federal Register to provide sufficient
notice of the new requirements to Mexican animal health authorities and
cattle exporters.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This interim rule amends the animal importation regulations in
Sec. Sec. 93.406 and 93.427 to require that steers and spayed heifers
with any evidence of horn growth that are entering the United States
meet the same tuberculosis testing requirements as sexually intact
animals entering the United States. This action is necessary to reduce
the risk of imported cattle transmitting tuberculosis to domestic
livestock in the United States.
The cattle industry plays an important role in the U.S. economy.
Cash receipts from sales of meat, animals, and milk totaled about $65
billion in 2001.\1\ Additionally, cattle and related product exports
generated over $3 billion in sales. Other agricultural and
nonagricultural sectors are highly dependent on the cattle industry for
their economic activity. Maintaining favorable economic conditions for
U.S. agriculture depends, in part, on continued aggressive efforts to
eradicate tuberculosis from the U.S. cattle population.
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\1\ USDA/ERS, U.S. and State Farm Income Data/Farm Cash
Receipts, 1924-2001, Table 5--Cash Receipts, by Commodity groups and
Selected Commodities, United States and States, 1997-2001. Revised
July 23, 2002.
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Historically, most U.S. imports of live cattle and calves have come
from Canada and Mexico. The United States imported 2,502,973 live
cattle and calves in 2002, which were valued at $1,447 million. Of
these, 1,686,508 were from Canada, and 816,460 were from Mexico.\2\
Steers and spayed heifers that have horn growth and may be used for
rodeo exhibitions are most likely to come to the United States from
Mexico. In 2002, the number of steers from which roping steers were
likely to be
[[Page 43285]]
drawn totaled 747,069 or 91.5 percent of total imports from Mexico.\3\
Of this total, about 6 percent are believed to be roping steers.
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\2\ USDA/ERS, Foreign Agricultural Trade of the United States,
February 2003.
\3\ Source: Global Trade Information Services Inc., the World
Trade Atlas--United States Edition, June 2003; APHIS/VS Import
Tracking System National Database.
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This interim rule will result in an additional tuberculosis testing
requirement for steers and spayed heifers with horn growth imported
into the United States, entailing some additional costs for importers.
The cost of tuberculin testing is between $7.50 and $10 per head. The
weighted average price of an imported steer from Mexico, which is
likely to be the source of most of the animals affected by this interim
rule, in 2002 was $364. The cost of the additional tuberculosis test
represents about 2.4 percent of that value. If supply does not change
as a result of the cost increase, U.S. importers will incur overall
additional costs of between $336,180 and $549,000 annually. The exact
impact of a 2.4 percent increase in cost on the supply of cattle from
Mexico is unknown, but the possibility exists that the cost increase
may decrease the supply of cattle from Mexico and increase lease fees
and/or roping steer purchase prices.
The Regulatory Flexibility Act requires that agencies specifically
consider the economic effects of their rules on small entities.
Entities that may be affected by this interim rule include U.S. order
buyers that import steers from Mexico and cow-calf operations that sell
steers comparable in age and size to those imported from Mexico. The
Small Business Administration (SBA) classifies cow-calf and stocker
operations as small entities if their annual receipts are not more than
$750,000. There were 1,032,000 of these operations in the United States
in 2002, and over 99 percent were considered small. This interim rule
will also affect industries that purchase and lease roping steers for
their shows. The number and size distributions of this industry are not
available, but their sizes are likely to be small. Additionally, as
these animals retire from roping service, they are likely to be sold to
feedlots, so some feedlots might also be affected. The SBA classifies
cattle feedlots as small entities if their annual receipts are not more
than $1.5 million. There were 95,189 feedlots in the United States in
2002, of which about 93,000 (nearly 98 percent) had capacities of fewer
than 1,000 head. Average annual receipts for these small feedlots
totaled about $35,300, a figure well below the SBA's small-entity
criterion. However, as of January 1, 2003, the remaining 2 percent of
the Nation's feedlots, which had capacities of at least 1,000 head,
held 82 percent of all U.S. cattle and calves on feed.
This interim rule may lead to increased costs for U.S. importers of
roping steers and a decrease in the number of roping steers imported
from Mexico. Any negative economic impacts for U.S. importers may be
offset somewhat by the benefits that may accrue to U.S. cow-calf
operations that sell or lease domestic roping steers if the price of
those steers rises. In addition, if any increase in U.S. feeder cattle
prices results from this rule, U.S. cow-calf and stocker domestic
operations will gain from a stronger market.
The overall benefits to the U.S. livestock industry of reducing the
risk of importing tuberculosis-infected cattle by requiring additional
testing for steers and spayed heifers with horn growth are expected to
be of far greater significance than any other economic impacts, whether
positive or negative, of this interim rule.
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 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 9 CFR part 93 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 93.406 [Amended]
0
2. Section 93.406 is amended as follows:
0
a. In paragraph (a)(2)(i), by adding the words ``without evidence of
horn growth (polled or dehorned)'' after the word ``heifers''.
0
b. In paragraph (a)(2)(ii), by adding the words ``and steers or spayed
heifers with any evidence of horn growth'' after the word ``cattle''.
0
c. In paragraph (a)(2)(iii), by adding the words ``and steers or spayed
heifers with any evidence of horn growth'' after the words ``intact
cattle''.
Sec. 93.427 [Amended]
0
3. In Sec. 93.427, paragraph (c)(3) is amended by adding the words
``and steers or spayed heifers with any evidence of horn growth'' after
the word ``cattle''.
Done in Washington, DC, this 13th day of July, 2004.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-16282 Filed 7-19-04; 8:45 am]
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