[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20639]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 93-006-2]

 

Importation of Certain Cattle From Mexico; Identification 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal and reproposal.

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SUMMARY: We are proposing to amend the animal importation regulations 
to require that certain spayed heifers imported into the United States 
from Mexico be marked with a permanent, legible ``MX'' on the 
right hip. We are also proposing to require that certain steers 
imported into the United States from Mexico be marked with a permanent, 
legible ``M'' on the right hip, rather than on the jaw, as is currently 
required. These proposals replace a previously published proposed rule, 
which we are withdrawing as part of this document, that would have 
required certain spayed heifers and intact cattle to be branded with an 
``M'' on the jaw with a hot iron. The proposed marking requirements are 
necessary to ensure that all steers and spayed heifers imported into 
the United States from Mexico, except those imported directly to 
slaughter or in-bond for feeding and return to Mexico, are clearly 
identifiable as being of Mexican origin. The proposed marking 
requirements would facilitate the disease surveillance and traceback 
activities conducted in the United States under the National 
Cooperative State-Federal Bovine Tuberculosis Eradication Program.

DATES: Consideration will be given only to comments received on or 
before October 24, 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. 93-006-2. 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. Samuel Richeson, Senior Staff 
Veterinarian, Import-Export Animals Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 764, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8170.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 prohibit or restrict the 
importation of certain animals into the United States to prevent the 
introduction of communicable diseases of livestock and poultry. Subpart 
D of part 92 (Secs. 92.400 through 92.435), referred to below as the 
regulations, pertains to the importation of ruminants. Sections 92.424 
through 92.429 of the regulations contain specific provisions regarding 
the importation of ruminants, including cattle, from Mexico.
    One of the diseases addressed by the regulations is bovine 
tuberculosis (referred to below as tuberculosis). Tuberculosis is a 
serious communicable disease of cattle, bison, and other species, 
including humans, caused by Mycobacterium bovis. Tuberculosis in 
animals causes weight loss, general debilitation, and sometimes death.
    Each year, approximately 1 million cattle are imported into the 
United States from Mexico. The vast majority of those cattle--about 99 
percent--are young steers; the remaining 1 percent consists of spayed 
heifers and intact cattle (i.e., calves, bulls, and unspayed females). 
The steers and spayed heifers are, with few exceptions, consigned to 
pastures or feedlots for finish feeding prior to slaughter. Most intact 
cattle are integrated into herds in the United States for breeding 
purposes.
    The period between 1982 and 1992 saw a significant increase in the 
number of Mexican-origin cattle found at slaughter in the United States 
to be infected with tuberculosis. In 1982, 78 samples submitted from 
slaughtered Mexican-origin cattle showed evidence of tuberculosis; that 
number rose to 613 in 1992. In 1982, 33 percent of the tuberculosis 
investigations at slaughter involved Mexican origin cattle; in 1992, 
that number rose to 81 percent.
    That increase in the incidence of tuberculosis in Mexican-origin 
cattle led the Animal and Plant Health Inspection Service (APHIS) to 
publish in the Federal Register on November 12, 1993 (58 FR 59963-
59965, Docket No. 93-006-1), a proposed rule to amend the regulations 
to require that spayed heifers and intact cattle (i.e., calves, bulls, 
and unspayed female cattle) imported into the United States from Mexico 
be branded with an ``M'' on the jaw using a hot iron, which is the same 
requirement that currently applies to most steers imported from Mexico. 
The proposal was based on APHIS' belief that M-branding on the jaw, 
which provides a distinct and permanent means of identifying an animal 
as having originated in Mexico, should be required for spayed heifers 
and intact cattle in order to facilitate the disease surveillance and 
traceback activities conducted in the United States under the National 
Cooperative State-Federal Bovine Tuberculosis Eradication Program.
    We solicited comments concerning our proposal for a 60-day comment 
period ending January 11, 1994. We received 29 comments by that date. 
They were from a cattle industry association, private citizens, a 
Federal veterinarian, humane groups, a farm bureau federation, State 
departments of agriculture, and a veterinary medical association. Eight 
of the commenters supported the proposed rule as a means of identifying 
Mexican-origin spayed heifers and intact cattle. The remaining 21 
commenters opposed the proposal on the grounds that face branding was 
unnecessary and that alternative means of identifying cattle from 
Mexico were available.
    APHIS seriously considered all of the comments received. Based on 
the comments of those who opposed the proposal, and due to increasing 
public concern that branding on the jaw causes unnecessary distress to 
cattle, we are withdrawing the November 12, 1993, proposed rule 
referenced above and are replacing it with an alternative proposal. The 
alternative proposal is explained below.

New Proposal

    As stated above, the period between 1982 and 1992 saw a significant 
increase in the number of Mexican-origin cattle found at slaughter in 
the United States to be infected with tuberculosis. Although recent 
collaborative efforts between U.S. and Mexican animal health 
authorities and trade associations have brought about a reduction in 
the number of tuberculosis infected Mexican-origin cattle found at 
slaughter in the United States, APHIS continues to believe that the 
monitoring of Mexican-origin cattle imported into the United States is 
essential to the success of the National Cooperative State-Federal 
Bovine Tuberculosis Eradication Program.
    The regulations in Sec. 92.427(c)(2) currently require that all 
steers imported into the United States from Mexico, except steers 
imported for immediate slaughter under Sec. 92.429 or in-bond for 
feeding and return to Mexico under Sec. 92.427(e), be hot-iron branded 
on the right jaw with an ``M'' prior to arriving at the U.S. port of 
entry. We are proposing to amend those regulations in three ways.
    First, we are proposing to move the location of the ``M'' from the 
right jaw to the right hip, high on the tailhead (over the fourth to 
seventh coccygeal vertebrae). The tailhead is currently approved for 
the placement of ``S'' brands under the brucellosis regulations in 9 
CFR part 78. In that location, the ``M'' would still be predictably 
located and readily visible to animal health personnel.
    Second, we are proposing to remove the requirement that the ``M'' 
be applied with a hot iron. The size of the mark would remain the same 
as in the current regulations (that is, not less than 2 inches nor more 
than 3 inches high), but instead of requiring that the mark be applied 
with a hot iron, we would simply require that the mark be distinct, 
permanent, and legible. This means that freeze branding could be used 
as an alternative to a hot-iron brand. Additionally, if another method 
should be developed that meets the proposed criteria for distinctness, 
permanence, and legibility, APHIS would allow the use of that method. 
At present, however, freeze-branding and hot-iron branding are the only 
methods of which APHIS is aware that are capable of fulfilling those 
criteria.
    We are proposing to allow the use of freeze branding, which is not 
currently an option for Mexican-origin cattle, because other factors 
would mitigate the primary limitations associated with freeze branding.
    One limitation of freeze branding is that the brand takes a minimum 
of 18 to 21 days to become visible. However, cattle offered for entry 
into the United States from Mexico are most often M-branded at the time 
they are tested for tuberculosis, which is no more than 60 days prior 
to their arrival at the port of entry. An exporter, therefore, would be 
able to freeze-brand the cattle far enough in advance of offering them 
for entry into the United States for the freeze brand to become 
visible.
    Another limitation of freeze branding is that the brand does not 
show up well on white hair. Because many cattle have white hair on 
their jaws, APHIS believes that freeze branding would produce an 
unacceptably high number of unreadable brands if used to brand cattle 
on the jaw. However, we believe that freeze branding would be a viable 
alternative for marking cattle on the right hip--the location proposed 
in this document--because significantly fewer cattle have white hair at 
that location.
    The third proposed change would be to require that spayed heifers 
also be marked as being of Mexican origin. The regulations do not 
currently require that spayed heifers imported into the United States 
from Mexico be branded, but spayed heifers are increasingly being 
imported into the United States from Mexico with steers as feeder 
cattle and are taken to feedlots or pastures for finish feeding prior 
to slaughter. Such spayed heifers are commingled with steers, and are 
moved and handled in the same manner as the steers. Because no 
differentiation is made between steers and spayed heifers in such 
situations, we believe that it is necessary for the spayed heifers, 
like the steers, to be marked as being of Mexican origin.
    Our proposed marking requirements for spayed heifers are 
essentially the same as those proposed for steers, differing only in 
that the mark would be an ``MX'' rather than an ``M.'' With the 
``tail,'' the mark would serve not only to identify the animal as being 
of Mexican origin, but would also indicate that the animal had been 
spayed. Additionally, the different mark would provide a means of 
distinguishing between spayed heifers and steers when the two are mixed 
together in close quarters, such as in a chute.
    One aspect of the withdrawn November 12, 1993, proposed rule 
discussed above was a proposal to require the branding of intact cattle 
(calves, bulls, and unspayed female cattle). In the withdrawn proposal, 
we stated that we believed that intact cattle imported from Mexico 
should be permanently identified as being of Mexican origin because the 
amount of time such cattle spend in the United States--more than 2 
years, on average--increased the chances that other means of 
identification such as eartags could be lost or removed.
    In preparing this document, however, we revisited that aspect of 
the previous proposal and decided not to include any proposed marking 
requirements for intact cattle from Mexico in this reproposal. Several 
considerations led us to that decision.
    Substantially fewer intact cattle are imported into the United 
States from Mexico in an average year than steers and spayed heifers 
(fewer than 1,000 intact cattle as opposed to nearly 1 million steers 
and spayed heifers). The intact cattle are imported in smaller lots 
than the usual 100-animal lots in which steers and spayed heifers are 
imported, and the lots of intact cattle are kept segregated from the 
lots of steers and spayed heifers during movement and holding. Also, 
while Mexican-origin steers and spayed heifers may travel to several 
feedlots or pastures during the time they are in the United States, 
intact cattle typically are promptly sold and moved to the new owner's 
ranch or farm. Further, the interstate movement of intact cattle is 
regulated under the brucellosis regulations in 9 CFR part 78, while 
steers and spayed heifers are exempt from those regulations. The 
brucellosis regulations require, with certain limited exceptions, that 
a permit or certificate be issued by APHIS prior to the movement of 
cattle covered by the regulations, and the individual eartag or other 
identification number of each animal moved must be included on the 
certificate or permit. All these factors make it significantly easier 
for APHIS to trace the movement of Mexican-origin intact cattle 
following their entry into the United States and make it more likely 
that the owners of Mexican-origin intact cattle will take steps to 
ensure that each animal's eartag or other identification device is not 
lost or removed. Therefore, we do not believe it is necessary to 
include any proposed marking requirements for intact cattle from Mexico 
in this reproposal.
    We believe that the provisions of this proposed rule would 
facilitate the disease surveillance and traceback activities that are 
carried out under the National Cooperative State-Federal Bovine 
Tuberculosis Eradication Program while substantively addressing the 
concerns of those who commented on our prior proposal.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    Cattle imported from Mexico account for about 1 percent of the 
total U.S. cattle population, which in 1991 stood at 99.4 million head. 
The average price per head for cattle from Mexico in 1991 was $350, 
with the total value of imported Mexican cattle exceeding $361 million 
for the year. During 1991, approximately 1 million live cattle were 
imported into the United States from Mexico.
    We are proposing to amend the animal importation regulations to 
require that certain spayed heifers imported into the United States 
from Mexico be marked with a permanent, legible ``MX'' on the 
right hip. We are also proposing to require that certain steers 
imported into the United States from Mexico be marked with a permanent, 
legible ``M'' on the right hip, rather than on the jaw, as is currently 
required.
    Three primary considerations lead APHIS to expect that the proposed 
marking requirements would not have an economic impact on any U.S. 
entities, large or small. First, all steers imported into the United 
States from Mexico, except those steers imported for immediate 
slaughter or in-bond for feeding and return to Mexico, are already 
required to be identified with an M-brand. For these steers, which 
represent 99 percent of the cattle imported into the United States from 
Mexico, only the location of the ``M'' will change.
    The second consideration follows from the first: That is, although 
there are currently no provisions in the regulations that require 
spayed heifers to be permanently identified as being of Mexican origin, 
spayed heifers represent less than 1 percent of the cattle imported 
into the United States from Mexico. Thus, requiring certain spayed 
heifers to be marked with an ``MX'' prior to arriving at the U.S. 
port of entry would have an insignificant effect on exporters or 
importers of spayed heifers from Mexico.
    The third consideration is that the cost of marking the cattle, 
which is negligible, would be borne by the Mexican exporter of the 
cattle.
    Therefore, we expect this proposed rule to have no significant 
economic impact on any large or small entities because its provisions 
would not significantly increase or decrease their cost of doing 
business.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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

    This proposed 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 in 9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 92 would be amended as follows:

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

    1. 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).

    2. In Sec. 92.427, paragraph (c)(2) would be revised as set forth 
below.


Sec. 92.427  Cattle from Mexico.

* * * * *
    (c) * * *
    (2) Each steer imported into the United States from Mexico shall be 
identified with a distinct, permanent, and legible ``M'' mark prior to 
arrival at a port of entry, unless the steer is imported for slaughter 
in accordance with Sec. 92.429 or in bond for temporary entry in 
accordance with Sec. 92.427(e). Each spayed heifer imported into the 
United States from Mexico shall be identified with a distinct, 
permanent, and legible ``MX'' mark prior to arrival at a port of 
entry, unless the spayed heifer is imported for slaughter in accordance 
with Sec. 92.429 or in bond for temporary entry in accordance with 
Sec. 92.427(e). The ``M'' or ``MX'' mark shall be not less than 2 
inches nor more than 3 inches high, and shall be applied to each 
animal's right hip, high on the tailhead (over the fourth to the 
seventh coccygeal vertebrae).
* * * * *
    Done in Washington, DC, this 17th day of August 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20639 Filed 8-23-94; 8:45 am]
BILLING CODE 3410-34-P