Cattle From Mexico

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 50, 77, and 92

[Docket No. 93-014-3]

Cattle From Mexico

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 required

certain steers and spayed heifers imported into the United States from

Mexico to be sent to a quarantined pasture or feedlot for finish

feeding, or to a holding facility for quarantine and a 60-day post-

entry tuberculin test. The proposed rule would also have denied claims

for indemnity for Mexican-origin steers or spayed heifers that were

positive to the 60-day post-entry tuberculin test, and would have

denied claims for indemnity for cattle that were exposed to such

animals. We are taking this action after considering 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DATES: The proposed rule is withdrawn February 21, 1995.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. Joseph S. VanTiem, Senior Staff Veterinarian, Animal and Plant

Health Inspection Service, Veterinary Services, [[Page 9632]] Cattle

Diseases and Surveillance Staff, 4700 River Road Unit 36, Riverdale, MD

20737-1231; (301) 734-8715.

SUPPLEMENTARY INFORMATION:

Background

On May 9, 1994, we published in the Federal Register (59 FR 23810-

23817, Docket No. 93-014-1) a proposed rule to amend the regulations in

9 CFR parts 50, 77, and 92 to require certain steers and spayed heifers

imported into the United States from Mexico to be sent to a quarantined

pasture or feedlot for finish feeding, or to holding facility for

quarantine and a 60-day postentry tuberculin test. The proposed rule

also contained provisions to deny claims for indemnity for Mexican-

origin steers or spayed heifers that tested positive to the 60-day post

entry tuberculin test, and to deny claims for indemnity for cattle that

were exposed to such animals.

We initially solicited comments on the proposed rule for 60 days

ending on July 8, 1994. We received several requests for an extension

of the comment period to allow interested parties additional time to

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

published a notice in the Federal Register on July 18, 1994 (59 FR

36374, Docket No. 93-014-2) that reopened and extended the comment

period for the proposed rule until September 16, 1994.

By the close of the extended comment period, we had received a

total of 165 comments. The comments were submitted by representatives

of the Mexican Government, animal rights organizations, private

citizens, dairies and dairy associations, U.S. and Mexican tuberculosis

eradication committees, cattle industry associations, a bank, cattle

companies, feedlot operators, veterinary and animal health

associations, State agriculture agencies and livestock boards, cattle

importers and exporters, a farm bureau federation, government and

private veterinarians, ranchers, and universities. None of the

commenters supported the proposed rule as written; some offered general

suggestions, while others submitted detailed recommendations for

changes.

The majority of the commenters believed that the proposed rule

would adversely affect the cattle industry and efforts to control

tuberculosis in both the United States and Mexico. Many commenters

believed that the proposed rule placed the burden of controlling

potentially infected Mexican cattle on individual States and failed to

provide any incentive to Mexican cattle producers to develop and

implement a comprehensive tuberculosis control and eradication program.

Other commenters also cited the potential hardship that the proposed

rule would place on U.S. and Mexican cattle producers.

After considering all the comments we received, we have concluded

that it is necessary to comprehensively reexamine the issues associated

with the importation into the United States of cattle from Mexico.

Therefore, we are withdrawing the May 9, 1994, proposed rule referenced

above. The concerns and recommendations of all the commenters will be

considered during the development of any new proposed regulations

regarding the importation of cattle from Mexico.

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111-113, 114, 114a, 114a-1, 115-117, 120, 121, 125, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31 U.S.C. 9701; 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. 95-4180 Filed 2-17-95; 8:45 am]

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