[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11100]


[[Page Unknown]]

[Federal Register: May 9, 1994]


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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