[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
________________________________________________________________________
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.
========================================================================
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