[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Proposed Rules]
[Pages 26377-26381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12150]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / 
Proposed Rules  

[[Page 26377]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 50, 51, 77 and 78

[Docket No. 95-006-1]


Tuberculosis and Brucellosis in Cattle and Bison; Identification 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the tuberculosis and brucellosis 
regulations by requiring brands for certain cattle and bison to be 
placed on the hip rather than the jaw. This action would reduce 
distress to cattle and bison that need to be identified with a brand by 
moving the brand to a less sensitive location, but would allow them to 
continue to be clearly identified. We are also proposing to allow 
certain cattle and bison to be moved interstate to slaughter without 
branding if they are accompanied directly to slaughter by an Animal and 
Plant Health Inspection Service or State representative or are moved in 
vehicles closed with official seals. This proposed rule responds to 
increasing public concern that branding on the jaw causes unnecessary 
distress to cattle and bison.

DATES: Consideration will be given only to comments received on or 
before June 16, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-006-1, 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. 95-006-1. 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. J.D. Kopec, Senior Staff 
Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08, 
4700 River Road Unit 36, Riverdale, MD 20737-1231; (301) 734-6188.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a serious communicable disease of cattle, 
bison, and other species, including humans, caused by Mycobacterium 
bovis. Tuberculosis causes weight loss, general debilitation, and 
sometimes death.
    Brucellosis, also called Bang's disease or undulant fever, is a 
serious infectious disease of cattle, bison, and other species, 
including humans, caused by bacteria of the genus Brucella. Brucellosis 
in cattle and bison is characterized by the birth of weak or stillborn 
calves, slow breeding, abortion, and loss of milk production.
    In accordance with the regulations in 9 CFR parts 50, 51, 77, and 
78 (referred to below as the regulations), the Animal and Plant Health 
Inspection Service (APHIS) administers programs designed to control and 
eradicate tuberculosis and brucellosis in cattle and bison. As part of 
these programs, hot-iron branding on the jaw and on the tailhead is 
used to identify certain cattle and bison. Specifically, hot-iron 
branding on the jaw is required or allowed in the following cases: (1) 
To identify cattle or bison that have contracted or been exposed to 
tuberculosis or brucellosis; (2) to identify certain cattle or bison to 
be moved interstate to slaughter because of tuberculosis or 
brucellosis; and (3) to identify adult cattle or bison that have been 
immunized against brucellosis.
    There has been increasing public concern that hot-iron branding on 
the jaw may cause undue distress to cattle and bison. A number of 
animal rights groups and other members of the public have requested 
that APHIS remove hot-iron branding on the jaw from our regulatory 
programs. In response to their concerns, we are in this document 
proposing to remove hot-iron branding on the jaw from the regulations 
in 9 CFR parts 50, 51, 77, and 78. In places where branding is required 
to be on the jaw, we would move the required location of the brand to 
high on the hip near the tailhead. In places where the regulations 
offer an owner the option of branding either on the jaw or on the hip, 
we would remove the option of branding on the jaw, but would retain the 
brand on the hip.
    We also considered proposing identification options such as freeze 
branding, by requiring that the cattle and bison be identified by a 
brand or by another distinct, permanent, and legible mark. We chose not 
to propose these options. A limitation of freeze branding is that the 
brand takes a minimum of 18 to 21 days to become visible. In order that 
we may continue to prevent the spread of tuberculosis and brucellosis, 
it is imperative that exposed and affected animals be instantly 
recognizable from the time of their identification until they are 
slaughtered, so that they are not commingled with healthy animals. In 
most cases, exposed or affected cattle or bison would be identified, 
shipped, and slaughtered before the freeze brand becomes visible. To 
date, an acceptable alternative to hot-iron branding has not been found 
for marking exposed or affected cattle or bison that satisfies the 
criteria of being instantly visible upon application, as well as 
distinct, permanent, and legible. Until an acceptable alternative is 
developed, we have chosen to continue to require that branding of 
cattle and bison under the brucellosis and tuberculosis regulations be 
with a hot iron. We believe that moving the location of the brand from 
the jaw to the hip would reduce distress to cattle and bison, but would 
allow them to continue to be identified distinctly, permanently, 
legibly, and instantly.
    We are, however, proposing several alternatives to branding certain 
cattle and bison that are to be moved interstate for slaughter. We 
would allow brucellosis reactor and exposed cattle or bison moving 
directly to slaughter to be moved without branding if they are 
accompanied directly to slaughter by an APHIS or State representative. 
We would also allow brucellosis reactor and exposed cattle or bison 
moving interstate in slaughter channels (e.g, to a quarantined feedlot, 
a specifically approved stockyard, or an approved intermediate handling 
facility, and then to slaughter) to be moved without branding if they 
are moved in vehicles closed with official seals applied and removed by 
an APHIS representative, a State representative, an accredited 
[[Page 26378]] veterinarian, or an individual authorized for this 
purpose by an APHIS representative. For movement in sealed vehicles, 
cattle and bison moving interstate to slaughter because of brucellosis 
would have to be accompanied by a permit or ``S'' brand permit, and the 
official seal numbers would have to be recorded on the accompanying 
permit or ``S'' brand permit. (Permit and ``S'' brand permit are 
defined in the regulations, and, in accordance with the definitions, 
must list: The points of origin and destination, the number of animals 
covered, the purpose of movement, and one of several possible 
identification numbers.)
    We would allow tuberculosis exposed cattle and bison moving 
directly to slaughter to be moved without branding if they are 
accompanied directly to slaughter by an APHIS or State representative. 
We would allow tuberculosis exposed cattle or bison moving interstate 
in slaughter channels to be moved without branding if they are moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, a State representative, an accredited veterinarian, or 
an individual authorized for this purpose by an APHIS representative. 
For tuberculosis reactor cattle and bison, we would allow the same 
movement without branding as for tuberculosis exposed cattle and bison, 
but we would require that the reactors be identified by a permanent and 
legible ``TB'' tattooed on the left ear, and by spraying the left ear 
with yellow paint. Unlike brucellosis reactor cattle and bison, 
tuberculosis reactor cattle and bison can only be sold for consumption 
if the meat is cooked. Presently, there are only four slaughtering 
facilities in the United States that have the capacity to cook the 
meat, so this option is not available to the majority of cattle and 
bison owners. Consequently, most tuberculosis reactor cattle and bison 
sent to slaughter constitute a monetary loss of $500 or more to the 
owner. Such monetary loss could provide an incentive to substitute less 
valuable tuberculosis-free animals for more valuable infected animals, 
or to otherwise divert valuable tuberculosis infected animals from 
slaughter channels, impeding tuberculosis eradication efforts in the 
United States. We believe that requiring tuberculosis reactors to have 
their left ear tattooed with a ``TB'' and spray painted yellow would 
make it difficult for these reactors to be diverted.
    These options would provide owners of cattle and bison with an 
alternative to branding, while helping to ensure that brucellosis- and 
tuberculosis-affected cattle and bison are handled and moved to 
slaughter in a manner that prevents dissemination of these diseases.

Miscellaneous

    The branding requirements in the regulations are currently 
inconsistent, providing different size specifications and different 
descriptions for the location of the brand. This proposed rule would 
revise the branding requirements not only to remove the option for 
branding on the jaw, but to make the descriptions consistent. All 
brands would be required to be positioned high on the left hip near the 
tailhead and to be at least 5 by 5 centimeters (2 by 2 inches) in size.

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 purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We do not anticipate that this proposed rule would have an economic 
impact on any entities, large or small. Cattle and bison that have 
contracted or been exposed to tuberculosis or brucellosis, or that have 
been immunized against brucellosis, are already required to be 
identified by a brand; this rule would simply change the location of 
the brand. Under the tuberculosis and brucellosis eradication programs, 
the Animal and Plant Health Inspection Service (APHIS) and cooperating 
States bear the costs of branding cattle and bison, and changing the 
location of the brand would not result in any change in costs to APHIS 
or the States. Further, although branding is generally done on the 
ranch or farm where the cattle or bison are located, no new equipment 
would be necessary for branding the cattle or bison on the hip, so 
there would be no new costs to the owner of the animals.
    This rule would also allow certain cattle and bison to be moved 
interstate to slaughter without branding if they are accompanied 
directly to slaughter by an APHIS or State representative, or if they 
are moved in vehicles closed with official seals applied and removed by 
an APHIS representative, State representative, accredited veterinarian, 
or an individual authorized for this purpose by an APHIS 
representative. Such movement would be a voluntary alternative to 
branding, and would not impose any additional costs to owners of cattle 
or bison that are to be moved interstate.
    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 in conflict 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

9 CFR Part 50

    Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting 
and recordkeeping requirements, Tuberculosis.

9 CFR Part 51

    Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and 
recordkeeping requirements.

9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

9 CFR Part 78

    Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, 9 CFR parts 50, 51, 77, and 78 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, 
and 134b; 7 CFR 2.17, 2.51, and 371.2(d).

    2. In Sec. 50.6, paragraphs (a) and (b) would be revised to read as 
follows:


Sec. 50.6  Identification of animals to be destroyed because of 
tuberculosis.

* * * * *
    (a) Reactor cattle and bison. Reactor cattle and bison shall be 
identified by [[Page 26379]] branding the letter ``T,'' at least 5 by 5 
centimeters (2 by 2 inches) in size, high on the left hip near the 
tailhead and by attaching to the left ear an approved metal eartag 
bearing a serial number and the inscription ``U.S. Reactor'', or a 
similar State reactor tag. Reactor cattle and bison may be moved 
interstate to slaughter without branding if they are permanently 
identified by the letters ``TB'' tattooed legibly on the left ear, they 
are sprayed on the left ear with yellow paint, and they are either 
accompanied by an APHIS or State representative or moved directly to 
slaughter in vehicles closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.
    (b) Exposed cattle and bison. Exposed cattle and bison shall be 
identified by branding the letter ``S,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead and by 
attaching to the left ear an approved metal eartag bearing a serial 
number. Exposed cattle and bison may be moved interstate to slaughter 
without branding if they are either accompanied by an APHIS or State 
representative or moved directly to slaughter in vehicles closed with 
official seals. Such official seals must be applied and removed by an 
APHIS representative, State representative, accredited veterinarian, or 
an individual authorized for this purpose by an APHIS representative.
* * * * *

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

    3. The authority citation for part 51 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
and 134b; 7 CFR 2.17, 2.51, and 371.2(d).

    4. In Sec. 51.5, paragraph (b) would be revised to read as follows:


Sec. 51.5  Identification of animals to be destroyed because of 
brucellosis.

* * * * *
    (b) Except as in paragraph (b)(4), cattle and bison to be destroyed 
because of brucellosis shall be individually identified prior to moving 
interstate by attaching to the left ear a metal tag bearing a serial 
number and the inscription ``U.S. Reactor,'' or a similar State reactor 
tag, and must be:
    (1) ``B'' branded (as defined in Sec. 78.1); or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.
    (4) Reactor and exposed cattle and bison in herds scheduled for 
herd depopulation may be moved interstate without eartagging or 
branding if they are identified by USDA approved backtags and either 
accompanied directly to slaughter by an APHIS or State representative 
or moved directly to slaughter in vehicles closed with official seals. 
Such official seals must be applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.
* * * * *

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

    6. In Sec. 77.5, the heading would be amended by removing the word 
``comtaining'' and adding the word ``containing'' in its place, and 
paragraphs (a)(1) and (b)(1) would be revised to read as follows:


Sec. 77.5  Interstate movement of cattle and bison that are exposed, 
reactors, or suspects, or from herds containing suspects.

    (a) Reactor cattle and bison. * * *
    (1) Reactor cattle and bison must be individually identified by 
attaching to the left ear an approved metal eartag bearing a serial 
number and the inscription ``U.S. Reactor'', or a similar State reactor 
tag, and must be:
    (i) Branded with the letter ``T,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead; or
    (ii) Permanently identified with the letters ``TB'' tattooed 
legibly on the left ear and sprayed on the left ear with yellow paint, 
and either accompanied directly to slaughter by an APHIS or State 
representative or moved directly to slaughter in vehicles closed with 
official seals. Such official seals must be applied and removed by an 
APHIS representative, State representative, accredited veterinarian, or 
an individual authorized for this purpose by an APHIS representative.
* * * * *
    (b) Exposed cattle and bison. * * *
    (1) Exposed cattle and bison must be individually identified by 
attaching to the left ear an approved metal eartag bearing a serial 
number, and must be:
    (i) Branded with the letter ``S,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead; or
    (ii) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (iii) Moved directly to slaughter in vehicles closed with official 
seals. Such official seals must be applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.
* * * * *

PART 78--BRUCELLOSIS

    7. The authority citation for part 78 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-
126, 134b, and 134f; 7 CFR 2.17, 2.51, and 371.2(d).

Subpart A--General Provisions


Sec. 78.1  [Amended]

    8. Section 78.1 would be amended as follows:
    a. In the definition for ``B'' branded, the phrase ``at least 5 sq. 
cm. (2  x  2 inches) in size on the left jaw'' would be removed and 
``high on left hip near the tailhead and at least 5 by 5 centimeters (2 
by 2 inches) in size'' would be added in its place.
    b. In the definition for Official adult vaccinate, paragraph (b)(1) 
would be amended by removing ``on the right jaw or'' and by adding ``at 
least 5 by 5 centimeters (2 by 2 inches) in size'' immediately after 
``tailhead''.
    c. In the definition for ``S'' branded, the phrase ``at least 5 sq. 
cm. (2  x 2 inches) in size on the left jaw or high on the tailhead 
(over the fourth to the seventh coccygeal vertebrae)'' would be removed 
and ``high on left hip near the tailhead and at least 5 by 5 
centimeters (2 by 2 inches) in size'' would be added in its place.

Subpart B--Restrictions on Interstate Movement of Cattle Because of 
Brucellosis

    9. In Sec. 78.7, paragraph (b) would be revised to read as follows:


Sec. 78.7  Brucellosis reactor cattle.

* * * * *
    (b) Identification. Brucellosis reactor cattle must be individually 
identified prior to moving interstate by attaching to the left ear a 
metal tag bearing a serial number and the inscription ``U.S. 
[[Page 26380]] Reactor,'' or a metal tag bearing a serial number 
designated by the State animal health official for identifying 
brucellosis reactors, and must be:
    (1) ``B'' branded (as defined in Sec. 78.1); or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.
* * * * *
    10. Section 78.8 would be amended by removing the period at the end 
of paragraphs (a)(3)(iii)(C), (a)(5)(iii)(C), and (b)(3)(ii) and adding 
``; or'' in its place; and by adding new paragraphs (a)(3)(iii)(D), 
(a)(5)(iii)(D), and (b)(3)(iii) to read as follows:


Sec. 78.8  Brucellosis exposed cattle.
* * * * *
    (a) * * *
    (3) * * *
    (iii) * * *
    (D) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
* * * * *
    (5) * * *
    (iii) * * *
    (D) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
* * * * *
    (b) * * *
    (3) * * *
    (iii) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
* * * * *
    11. Section 78.9 would be amended by removing the period at the end 
of paragraphs (c)(1)(v)(C), (c)(1)(vii)(C), (c)(2)(i)(C), 
(c)(2)(ii)(B), (d)(1)(v)(C), (d)(1)(vii)(C), (d)(2)(i)(C), and 
(d)(2)(ii)(B) and adding ``; or'' in its place; and by adding new 
paragraphs (c)(1)(v)(D), (c)(1)(vii)(D), (c)(2)(i)(D), (c)(2)(ii)(C), 
(d)(1)(v)(D), (d)(1)(vii)(D), (d)(2)(i)(D), and (d)(2)(ii)(C) to read 
as follows:


Sec. 78.9  Cattle from herds not known to be affected.

* * * * *
    (c) * * *
    (1) * * *
    (v) * * *
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (vii) * * *
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (2) * * *
    (i) * * *
    (D) A quarantined feedlot, a specifically approved stockyard and 
then directly to a quarantined feedlot, or an approved intermediate 
handling facility and then directly to a quarantined feedlot if the 
cattle are accompanied by an ``S'' brand permit and moved in vehicles 
closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (ii) * * *
    (C) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (d) * * *
    (1) * * *
    (v) * * *
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (vii) * * *
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (2) * * *
    (i) * * *
    (D) A quarantined feedlot, a specifically approved stockyard and 
then directly to a quarantined feedlot, or an approved intermediate 
handling facility and then directly to a quarantined feedlot if the 
cattle are accompanied by an ``S'' brand permit and moved in vehicles 
closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *
    (ii) * * *
    (C) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
* * * * *

Subpart C--Restrictions on Interstate Movement of Bison Because of 
Brucellosis

    12. In Sec. 78.22, paragraph (b) would be revised to read as 
follows:


Sec. 78.22  Brucellosis reactor bison.

* * * * *
    (b) Identification. Brucellosis reactor bison must be individually 
identified [[Page 26381]] prior to moving interstate by attaching to 
the left ear a metal tag bearing a serial number and the inscription 
``U.S. Reactor,'' or a metal tag bearing a serial number designated by 
the State animal health official for identifying brucellosis reactors, 
and must be:
    (1) ``B'' branded (as defined in Sec. 78.1); or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.
* * * * *
    Done in Washington, DC, this 11th day of May 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-12150 Filed 5-16-95; 8:45 am]
BILLING CODE 3410-34-P