Tuberculosis, Brucellosis, and Paratuberculosis in Cattle and Bison; Identification Requirements

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.

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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

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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