Cattle Exportations; Tuberculosis and Brucellosis Test Requirements

SUMMARY: We are amending the regulations concerning exportation of

livestock by eliminating requirements for pre-export diagnostic tests

for tuberculosis and brucellosis in certain cattle being exported from

the United States directly to slaughter. Slaughter cattle affected will

be those exported from States free of brucellosis or tuberculosis and

those exported to countries that have a disease surveillance system

equivalent to that of the United States and that agree to share with

the United States any findings of brucellosis or tuberculosis in U.S.

origin cattle. We believe that these test requirements can be

eliminated without compromising the integrity of our brucellosis and

tuberculosis surveillance systems. This rule will facilitate the

movement of U.S. slaughter cattle to foreign countries.

DATES: Interim rule effective February 15, 1996. Consideration will be

given only to comments received on or before April 23, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 96-005-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 96-005-1. 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. Gary Colgrove, Chief Staff

Veterinarian, National Center for Import and Export, VS, APHIS, 4700

River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3294.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 91, ``Inspection and Handling of

Livestock for Exportation'' (referred to below as the regulations),

prescribe conditions for exporting animals from the United States.

Section 91.5 requires, among other things, that cattle intended for

exportation be tested for tuberculosis and brucellosis. We are amending

the regulations to remove these testing requirements for cattle

exported directly to slaughter in a foreign country, if the receiving

country has a disease surveillance system equivalent to that of the

United States, as determined by the Administrator of the Animal and

Plant Health Inspection Service (APHIS), and if the receiving country

agrees to share any findings of brucellosis or tuberculosis in U.S.

origin cattle with APHIS. Also, we are amending the regulations to

remove these testing requirements for any cattle moving directly to

slaughter from a State designated as free of tuberculosis or

brucellosis in 9 CFR 77.1 or 78.41, respectively.

Currently, all cattle exported from the United States, including

cattle shipped directly to slaughter, must be tested for brucellosis

and tuberculosis. Testing ensures that any diseased cattle will be

detected and prevented from leaving the United States. Additionally,

detection of disease in any cattle intended for export would alert

APHIS to the possible presence of disease in the herd of origin, and

allow us to take action to contain and eradicate the disease.

Cattle moving directly to slaughter present a negligible risk of

transmitting either brucellosis or tuberculosis to other cattle.

Although we would still want the cattle tested to ensure that we have

information about any possible source of these diseases in the United

States, the tests could be conducted in the receiving country, if that

country has a disease surveillance system equivalent to that of the

United States, as determined by the Administrator, APHIS, and the

country agrees to share any findings of tuberculosis and brucellosis

with APHIS. Further, cattle intended for export directly to slaughter

from a Class Free State for brucellosis or an Accredited-Free State for

tuberculosis would present a negligible risk of carrying brucellosis or

tuberculosis, respectively. Therefore, we believe it is unnecessary to

require testing, prior to export, for brucellosis if the cattle are

moved directly from a Class Free State for brucellosis, or for

tuberculosis if the cattle are moved directly from an Accredited-Free

State for tuberculosis.

The primary effect of this rule would be on cattle moved directly

to slaughter in Mexico and Canada. Nearly all cattle exported for

slaughter are exported to Mexico and Canada. The Administrator has

determined that Canada has a surveillance system for both tuberculosis

and brucellosis that is equivalent to that of the United States, and

Canada will share any findings of tuberculosis and brucellosis in U.S.

origin cattle with APHIS. The Administrator also has determined that

Mexico has a surveillance system for tuberculosis that is equivalent to

that of the United States, and Mexico will share any findings of

tuberculosis in U.S. origin cattle with APHIS. Mexico is still

developing a brucellosis surveillance system, so cattle moving directly

to slaughter in Mexico will continue to require brucellosis tests,

unless they are moving from a Class Free State, as designated in 9 CFR

78.41.

Miscellaneous

We are making minor editorial changes for clarity and consistency.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. This rule will

relieve restrictions on the exportation of slaughter cattle by removing

certain pre-export testing requirements. U.S. cattle exporters will

benefit economically if the restrictions are removed in time for them

to take

[[Page 6918]]

advantage of current favorable marketing conditions. In addition, State

veterinary officials from all four States bordering Mexico--Arizona,

California, New Mexico, and Texas--have requested that we make these

changes to facilitate the export of slaughter cattle, as we have other

means to obtain the test results.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 60 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

This rule relieves restrictions and is, therefore, expected to have

a favorable economic impact on small entities. The need to make this

rule effective in time for U.S. exporters of slaughter cattle to take

advantage of a favorable marketing situation makes timely compliance

with sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) impracticable. The final rule for this action will include

an analysis of the economic impact of this rule on small entities and

will address any comments we receive on the economic impact of the rule

on small entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

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 inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no new information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 91

Animal diseases, Animal welfare, Exports, Livestock, Reporting and

recordkeeping requirements, and Transportation.

Accordingly, 9 CFR part 77 is amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

1. The authority citation for part 91 continues to read as follows:

Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f,

136. 136a, 612, 613, 614, and 618; 46 U.S.C. 466a and 466b; 49

U.S.C. 1509(d); 7 CFR 2.22, 2.80, and 371.2(d).

2. Section 91.5 is amended as follows:

a. By revising paragraph (a) to read as set forth below.

b. By revising paragraph (b) to read as set forth below.

c. In paragraph (c), the first sentence, by adding a comma after

the words ``foreign country''.

Sec. 91.5 Cattle.

* * * * *

(a) Tuberculosis. All cattle over 1 month of age shall be negative

to a caudal intradermal tuberculin test using 0.1 ml. of tuberculin

with a reading obtained 72 hours (plus or minus six hours) after

injection as prescribed in Veterinary Services Memorandum 552.15

``Instructions and Procedures for Conducting Tuberculin Tests in

Cattle,'' section VIII A.2

\2\ Copies of this publication may be obtained from the Animal

and Plant Health Inspection Service, Veterinary Services, National

Center for Import-Export, 4700 River Road, Riverdale, Maryland

20737-1231.

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(1) Provided that, such tests are not required for any of the

following:

(i) Cattle exported directly to slaughter in a country that has a

tuberculosis surveillance system equivalent to that of the United

States, as determined by the Administrator, and that agrees to share

any findings of tuberculosis in U.S. origin cattle with APHIS; and

(ii) Cattle exported directly to slaughter from a State designated

as an Accredited-Free State in 9 CFR 77.1.

(2) The Administrator has determined that the following countries

have a tuberculosis surveillance system that is equivalent to that of

the United States: Canada and Mexico.

(b) Brucellosis. All cattle over 6 months of age shall be negative

to a test for brucellosis conducted as prescribed in ``Standard

Agglutination Test Procedures for the Diagnosis of Brucellosis'' \2\ or

``Supplemental Test Procedures for the Diagnosis of Brucellosis.'' \2\

(1) Provided that, such tests are not required for any of the

following:

(i) Official vaccinates of dairy breeds under 20 months of age;

(ii) Official vaccinates of beef breeds under 24 months of age;

(iii) Steers and spayed heifers;

(iv) Cattle exported directly to slaughter in a country that has a

brucellosis surveillance system equivalent to that of the United

States, as determined by the Administrator, and that agrees to share

any findings of brucellosis in U.S. origin cattle with APHIS; and

(v) Cattle exported directly to slaughter from a State designated

as a Class Free State in 9 CFR 78.41.

(2) The Administrator has determined that the following country has

a brucellosis surveillance system that is equivalent to that of the

United States: Canada.

* * * * *

Sec. 91.8 [Amended]

3. In Sec. 91.8, footnote 4 and its reference are redesignated as

footnote 3.

Done in Washington, DC, this 15th day of February 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-4148 Filed 2-22-96; 8:45 am]

BILLING CODE 3410-34-P