Interstate Movement of Mexican-Origin Cattle; Certification Requirements

DEPARTMENT OF AGRICULTURE

9 CFR Part 71

[Docket No. 93-084-3]

Interstate Movement of Mexican-Origin Cattle; Certification

Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We are withdrawing a proposed rule that would have amended the

regulations concerning the interstate transportation of animals to

require that all Mexican-origin cattle moved in interstate commerce be

accompanied by a certificate on which each animal is individually

identified. We are taking this action after reevaluating the proposed

rule in light of the comments we received following the publication of

the proposed rule.

DATES: The proposed rule is withdrawn February 21, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff

Veterinarian, Animal and Plant Health Inspection Service, Veterinary

Services, Cattle Diseases and Surveillance Staff, 4700 River Road Unit

36, Riverdale, MD 20737-1231; (301) 734-4923.

SUPPLEMENTARY INFORMATION:

Background

On November 12, 1993, we published in the Federal Register (58 FR

59959-59962, Docket No. 93-084-1) a proposal to amend the regulations

concerning the interstate transportation of animals in 9 CFR part 71 to

require all Mexican-origin cattle moved in interstate commerce to be

accompanied by a certificate on which each animal is individually

identified. The certificate would have been issued by an Animal and

Plant Health Inspection Service (APHIS) representative, State

representative, or accredited veterinarian in the State from which the

cattle were to be moved. We also proposed to make several

nonsubstantive changes to the regulations in part 71 for the sake of

clarity and accuracy.

We initially solicited comments concerning our proposal for 30 days

ending December 13, 1993. We received several requests for an extension

of the comment period to give interested parties additional time to

prepare comments on the proposal. In response to those requests, we

published in the Federal Register on December 22, 1993 (58 FR 67708-

67709, Docket No. 93-084-2), a document reopening and extending the

comment period until February 14, 1994.

We received a total of 41 comments by the close of the extended

comment period. The comments were submitted by State departments of

agriculture and animal health agencies, veterinarians, private

citizens, cattle industry associations, cattle-oriented businesses, and

a member of the U.S. House of Representatives. Eight commenters

supported the proposed rule as written, while another five commenters

offered some support but suggested changes. The remaining 28 commenters

opposed the proposed rule.

Some of the commenters questioned the need for individual

identification on a certificate, asserting that State veterinarians

could be notified by other means of the arrival of Mexican-origin

cattle in their States. Many commenters believed that the proposed rule

would place a huge new burden on the cattle industry, bringing

excessive paperwork requirements, increased labor costs, and expensive

time delays. Many of the commenters also believed that APHIS had

seriously underestimated the costs that would be associated with

completing, handling, and filing the certificates on which the cattle

would be individually identified.

We carefully considered all of the comments we received. In light

of the issues raised by many of the commenters, we have concluded that

additional research is necessary to determine if the proposed rule

would likely impose greater logistical and financial burdens on those

entities that [[Page 9633]] would be affected by its provisions than we

had initially anticipated. Therefore, we are withdrawing the November

12, 1993, proposed rule referenced above. The concerns and

recommendations of all the commenters will be considered during the

development of any new proposed regulations that would affect the

interstate movement of Mexican-origin cattle.

Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,

134b, and 134f; 7 CFR 2.17, 2.51, and 371.2(d).

Done in Washington, DC, this 13th day of February 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-4179 Filed 2-17-95; 8:45 am]

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