Cattle From Mexico

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