[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Rules and Regulations]
[Pages 48362-48369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23191]



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

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Parts 50, 51, 77, 78, and 80

[Docket No. 95-006-2]


Tuberculosis, Brucellosis, and Paratuberculosis in Cattle and 
Bison; Identification Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the tuberculosis, brucellosis, and 
paratuberculosis regulations by requiring brands for certain cattle and 
bison to be placed on the hip rather than the jaw. This action will 
reduce distress to cattle and bison that need to be identified with a 
brand by moving the brand to a location that is less sensitive, but 
that is still clearly visible. We are also allowing 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. These actions respond to increasing public 
concern that branding on the jaw causes unnecessary distress to cattle 
and bison.

EFFECTIVE DATE: October 19, 1995.

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

    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 has 
been used to identify certain cattle and bison. Specifically, hot-iron 
branding on the jaw has been 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.
    On May 17, 1995, we published in the Federal Register (60 FR 26377-
26381, Docket No. 95-006-1) a proposal to remove hot-iron branding on 
the jaw from the regulations in 9 CFR parts 50, 51, 77, and 78. In 
places where branding has been required to be on the jaw, we proposed 
to move the required location of the brand to high on the hip near the 
tailhead. In places where the regulations have offered an owner the 
option of branding either on the jaw or on the hip, we proposed to 
remove the option of 

[[Page 48363]]
branding on the jaw, but retain the brand on the hip. We also proposed 
several alternatives to branding certain cattle and bison that are to 
be moved interstate for slaughter. We proposed to 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 proposed to allow tuberculosis 
reactor and exposed cattle or bison moving interstate directly 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 veterinarian, or 
an individual authorized for this purpose by an APHIS representative. 
We proposed to allow brucellosis reactor and exposed cattle or bison 
moving interstate in slaughter channels (e.g, to a specifically 
approved stockyard or an approved intermediate handling facility, and 
then to slaughter) and brucellosis exposed cattle and bison moving 
interstate to quarantined feedlots 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. We also proposed that tuberculosis reactor cattle and 
bison would have to be identified by a permanent and legible ``TB'' 
tattooed in the left ear, and by spraying the left ear with yellow 
paint, in order to be moved interstate without branding.
    We solicited comments concerning our proposal for 30 days ending 
June 16, 1995. We received 11 comments by that date. They were from 
livestock associations, animal welfare organizations, veterinarians, 
and members of Congress. Three commenters opposed the proposed rule; 
four commenters supported the proposed rule completely; and the 
remaining four commenters supported the proposed rule but asked APHIS 
to consider making some additions and changes. We carefully considered 
all of the comments we received. They are discussed below by topic.
    Several commenters supported the proposed amendments to the 
tuberculosis and brucellosis regulations, but asked that we make the 
same amendments to the regulations in 9 CFR part 80, ``Paratuberculosis 
in Domestic Animals,'' which have required a ``T'' brand on the left 
jaw for paratuberculosis reactor cattle. We have chosen to make this 
amendment in our final rule. The amendment is in keeping with the 
intent of the proposal to remove branding on the jaw from all APHIS 
disease control programs, and our failure to include part 80 in the 
proposed rule was an oversight. In addition, we are making a change to 
require that paratuberculosis reactors be branded with the letter ``J'' 
instead of the letter ``T''. Paratuberculosis is also commonly known as 
Johne's disease. A ``J'' brand would distinguish paratuberculosis 
reactors from bovine tuberculosis reactors (which are branded with the 
letter ``T''). We are therefore amending 9 CFR part 80 to require that 
paratuberculosis reactors be branded with the letter ``J'' high on the 
left hip near the tailhead. We are also adding the option for 
paratuberculosis reactor cattle moving interstate directly to slaughter 
to be moved without branding if they are accompanied by an APHIS or 
State representative; and for paratuberculosis reactor cattle 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. We are also making another change to part 80. Section 
80.4 currently states that the inscription on the metal eartags for 
paratuberculosis reactors must read ``U.S.B.A.I. Reacted'' or ``U.S. 
Reacted.'' These inscriptions are out of date, so we are amending 
Sec. 80.4 to require that the inscription read ``U.S. Reactor.'' This 
inscription is consistent with the inscriptions required by the 
regulations for other disease reactors.
    One commenter was opposed to the proposed options for moving 
tuberculosis and brucellosis reactor and exposed cattle and bison to 
slaughter without branding. The commenter argued that branding ensures 
that such animals are slaughtered, and said that the agency will be 
unable to accomplish its goals of disease eradication if identification 
requirements are weakened. We have made no changes based on this 
comment. As discussed in the proposed rule, we believe that the 
provisions under which we would allow disease-affected animals to be 
moved without branding will provide owners with an alternative to 
branding without negatively affecting APHIS' ability to conduct its 
disease eradication activities.
    Two commenters stated that the location of the brands should either 
remain on the jaw or be moved to the neck or high on the shoulder. They 
argue that some State livestock agencies have set aside the jaw for 
brands used in State and Federal animal disease control programs. They 
also argue that a Federal brand on the hip may be confused or conflict 
with registered ownership brands on the hip--a number of which are 
similar to the ``S'', ``T'', ``B'', and ``V'' brands called for in the 
proposed rule. We have made no changes based on these comments. The 
same location specified in the proposed rule for all brands required by 
9 CFR parts 50, 51, 77, and 78 has been used by APHIS for the placement 
of ``S'' and ``V'' brands under the regulations in 9 CFR part 78 since 
1983, and for ``M'' brands under 9 CFR part 92 since the beginning of 
this year. We are unaware of any identification problems resulting from 
those existing brands. Further, the proposed location of ``high on the 
hip near the tailhead'' is a different location on the hip from where 
registered ownership brands are placed, and we therefore do not believe 
that any confusion will result.
    One commenter stated that it is unnecessary to require tuberculosis 
reactors moved without branding in sealed vehicles to be tattooed and 
spray-painted on the ear. The commenter believes that properly sealed 
vehicles, eartags, accompanying shipping permits, and good 
communication with meat inspection personnel would provide adequate 
assurance that tuberculosis reactors are not diverted from slaughter. 
Conversely, another commenter stated that the proposed requirement to 
tattoo and spray-paint tuberculosis reactors should also be applied to 
tuberculosis exposed animals and brucellosis reactors and exposed 
animals that are moved interstate to slaughter without branding. The 
latter commenter argues there are numerous opportunities to divert 
cattle and bison from slaughter--for example, in slaughter pens, or 
when cattle and bison must be transferred from one truck to another due 
to equipment failure--and that for this reason it is important that all 
cattle and bison moving to slaughter because of tuberculosis or 
brucellosis be permanently identified.
    We have made no changes to the rule based on these comments. We 
recognize that there may be incentives to divert valuable, but 
diseased, cattle or bison from slaughter channels in order to avoid the 
monetary loss from the slaughter of the animal. We stated in the 
proposed rule that we believe this incentive is significantly greater 
for tuberculosis reactors than for other diseased cattle or bison, 
because unlike tuberculosis exposed or brucellosis reactor and exposed 
cattle or bison, tuberculosis reactors can only be sold for consumption 
if the meat is cooked. 

[[Page 48364]]
Currently, there are only four slaughtering facilities in the United 
States that have established markets for meat required to be cooked, 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 an average monetary loss of $400 or more to the 
owner, creating an incentive to divert valuable animals that are 
tuberculosis reactors from slaughter to be used for some other purpose. 
Since tuberculosis exposed animals and brucellosis reactor and exposed 
animals do not have to be cooked before they can be sold for 
consumption, their slaughter value is potentially greater, and the 
incentive to divert is not as significant. In light of this, we believe 
that the precautions we proposed for moving tuberculosis exposed 
animals and brucellosis reactor and exposed animals to slaughter 
without branding are adequate to prevent diversion of the animals and 
dissemination of the diseases they carry. Perhaps more importantly, the 
post-mortem examination and specific disposition of tuberculosis 
reactor carcasses required by the United States Department of 
Agriculture's Food Safety and Inspection Service (FSIS) regulations is 
more stringent than that required of tuberculosis exposed and 
brucellosis reactor and exposed carcasses. It is imperative that 
tuberculosis reactors are identified at slaughter to ensure they are 
properly examined and disposed of in accordance with FSIS requirements.
    One commenter stated that APHIS should consider eliminating the 
need for branding altogether by requiring that all brucellosis and 
tuberculosis reactor and exposed cattle and bison moved interstate to 
slaughter be accompanied by an APHIS or State representative or be 
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. We have made no changes based on this comment.
    It is our belief that most cattle and bison owners will choose to 
move their animals to slaughter without branding using one of the 
options provided in the proposed rule. Branding a herd of cattle or 
bison is time-consuming, difficult, and costly because of the effort 
and personnel needed to restrain each animal. It is far easier to 
simply herd the animals into a truck which is then sealed by the APHIS 
representative, State representative, or accredited veterinarian who 
identified the herd. However, there are always circumstances under 
which it is impractical or unfeasible for owners to move their animals 
in this manner, such as lack of a proper vehicle, unavailability of 
APHIS or State personnel, or inability to market the animals 
immediately. Under such circumstances, it would be necessary for owners 
to have the cattle or bison branded.
    The same commenter also asked that we amend numerous paragraphs in 
Sec. 78.9 of the brucellosis regulations, ``Cattle from herds not known 
to be affected,'' to allow such cattle to be moved interstate without 
branding if they are accompanied directly to slaughter by an APHIS or 
State representative. Section 78.9 concerns movement of cattle from 
brucellosis Class Free, Class A, Class B, and Class C States and areas 
to quarantined feedlots, specifically approved stockyards, or approved 
intermediate handling facilities, and then to slaughter. Section 78.9 
requires certain cattle moving from Class B and Class C States and 
areas to be branded. We proposed to amend this section to allow those 
cattle which are required to be branded 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. We have made no changes based on this 
comment.
    We did not propose the option which the commenter requests because, 
given the large number of movements under Sec. 78.9 to feedlots, 
stockyards, and handling facilities, and given the limited number of 
APHIS and State personnel available to accompany such shipments, it 
would be impractical, if not impossible, to offer this option. It is 
for this reason that we proposed to allow reactor and exposed cattle 
and bison to be moved without branding and accompanied by an APHIS or 
State representative only if they are moving directly to slaughter. We 
believe that allowing cattle that would otherwise be branded to be 
moved without branding in slaughter channels if they are moved in a 
sealed vehicle is adequate to allow owners to move their animals 
without branding if they so choose. Further, there are currently no 
Class B or Class C States or areas. Therefore, no cattle are branded 
under the regulations in Sec. 78.9.
    One commenter asked that APHIS allow owners to mark their cattle in 
some way other than with a hot iron, such as freeze-branding. The 
commenter said that, according to previous APHIS policy, a mark for a 
disease-affected animal must be ``permanent, distinct, and legible''; 
APHIS' assertion in the proposed rule that a mark must also be 
``instantly recognizable'' is a novel criteria. Relative to this, the 
commenter said that ``(c)learly what APHIS intends here is not that all 
letter marks be instantaneously readable, but, rather, that letter 
marks be readable at the time animals begin their interstate journeys 
to slaughter.'' Accordingly, even though freeze-branding takes a 
minimum of 18 to 21 days to become readable, and in order to claim 
indemnity for cattle and bison destroyed because of tuberculosis or 
brucellosis the owner must destroy the animals within 15 days, APHIS 
should allow identification options such as freeze-branding for cattle 
and bison owners who do not wish to claim indemnity. We have made no 
changes based on this comment.
    In the past, APHIS has set forth its criteria that a mark for 
identifying cattle and bison must be permanent, distinct, and legible. 
In a recent rulemaking, which is cited by the commenter, we offered 
these criteria as justification for allowing marking methods such as 
freeze-branding to be employed when identifying certain cattle from 
Mexico for importation into the United States (Docket No. 93-006-3, 59 
FR 65893-65897). The Mexican cattle of concern in that rulemaking are 
not known to be diseased. We require that such animals be identified by 
a distinct, permanent, and legible mark for traceback purposes, in the 
event that they are diseased and U.S. livestock are exposed to them. 
The mark must be visible at the time the Mexican cattle are presented 
for importation, but the owner may brand them at any time prior to the 
importation, making branding methods that take several weeks to become 
visible a viable option.
    This rulemaking, in contrast, concerns cattle and bison which are 
known to be affected with tuberculosis or brucellosis, or are known to 
have been exposed to an animal that is affected with tuberculosis or 
brucellosis. It is imperative that animals known to be affected with a 
disease as destructive as brucellosis or tuberculosis be either 
identified immediately or moved to slaughter in such a manner that 
there is no significant risk the animals will be diverted from their 
destination. For this reason we did not propose to allow marking 
methods that are not instantly recognizable for identifying brucellosis 
and tuberculosis reactor and exposed cattle and bison.
    As we stated in the proposal, the necessity for an instantly 
recognizable mark is so that the animals are not unknowingly commingled 
with healthy 

[[Page 48365]]
animals after they leave the premises where they were identified for 
slaughter. Even if the ``instantly recognizable'' requirement were to 
be waived to allow freeze-branding, the owners of reactor or exposed 
cattle and bison would have to keep those animals under quarantine for 
the 18-21 days that it takes for a freeze-brand to become visible. That 
extra time on the farm would increase the chances that healthy animals 
might become exposed or infected. A central goal of the brucellosis and 
tuberculosis eradication programs is to identify diseased animals and 
get them away from other animals before the disease can spread. To 
require the animals to be kept on the farm runs counter to that goal. 
The owners of the quarantined cattle and bison would also be subject to 
economic losses associated with feeding and caring for the animals, 
potential decreases in market prices, and animals dying before sale.
    The same commenter asked that we allow a tattoo and paint as an 
alternative to hot-iron branding. Since we say in the proposal that we 
believe a tattoo and yellow paint would be permanent and legible, the 
commenter asserts that it follows that it would be distinct as well, 
and would therefore fulfill the three criteria of distinct, permanent, 
and legible. We have made no changes based on this comment. We proposed 
that tuberculosis reactor cattle and bison that are moved to slaughter 
without branding be moved in a sealed vehicle or accompanied by an 
APHIS or State representative, and also be marked in the left ear with 
a tattoo and the ear be sprayed with yellow paint. Marking the ear with 
a permanent and legible tattoo will help eliminate the possibility that 
a tuberculosis reactor could be sold for any purpose other than 
slaughter, because the seller would risk a civil lawsuit should the 
buyer discover the tattoo in the reactor's ear. We proposed this type 
of mark as an alternative to branding in this case because we needed to 
provide an alternative, but did not believe we could safely allow 
tuberculosis reactors to move to slaughter without some sort of 
permanent mark.
    There are problems with tattooing that prevent us from offering it 
as a general alternative for all disease-affected animals. One is that 
the tattoo must be on skin (not hair) in order to be legible. We have 
chosen the inside of the ear as the most accessible and reliable area 
on which to place a tattoo. Further, the animal's head must be 
restrained in order to tattoo the ear, and in order to see the tattoo 
at a later time. Yellow paint on the ear can help identify an animal 
which has a ``TB'' tattoo, but it is not foolproof, as paint can wear 
or rub off. Tuberculosis reactor animals are moved directly to 
slaughter, making it less likely that this will occur. Brucellosis 
exposed animals are often shipped through feedlots and other slaughter 
channels, increasing the possibility that the paint will have worn off 
by the time the animal reaches the slaughtering facility. For these 
reasons, we have chosen to confine the use of a tattoo as disease 
identification to tuberculosis reactors that are moved to slaughter 
without branding.
    One commenter asked that we state in the regulations that the 
proposed shipments in sealed vehicles for unmarked cattle and bison 
would be subject to the requirements of the Twenty-Eight Hour Law. In 
conjunction with this, the commenter asked that we add to the 
regulations definitions for ``moved directly'' and ``sealed vehicle'' 
to clarify that these stipulations do not conflict with the 
requirements of the Twenty-Eight Hour Law. We have made no changes 
based on this comment.
    The commenter is referring to a statute at 45 U.S.C 71-74, which 
requires, among other things, that animals may not be confined during 
transport for a period longer than 28 consecutive hours without 
unloading them in a humane manner for rest, water, and feeding. The 
regulations in 9 CFR part 89, ``Statement of Policy Under the Twenty-
Eight Hour Law,'' set forth APHIS policy concerning the authorizing 
statute at 45 U.S.C. 71-74, and are written to apply only to transport 
by railcar. Virtually no transportation of tuberculosis and brucellosis 
affected cattle and bison is done today by railcar, as nearly all such 
transport today is by truck. The Twenty-Eight Hour Law does not apply 
to transport by truck.
    In our proposal, we state that the official seals on a sealed 
vehicle must be ``applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.'' The operator of the 
conveyance in which the animals are being transported will have been 
furnished with the telephone numbers of APHIS representatives in the 
States of origin and destination prior to his or her departure from the 
State of origin. If, for any reason, the operator is unable to reach 
the slaughtering establishment as planned, or otherwise determines that 
it is necessary to unload the animals from the sealed vehicle, the 
operator will be able to contact an APHIS representative, who will make 
the necessary arrangements for APHIS or State personnel to travel to 
the location of the conveyance in order to remove the seal, apply a new 
seal when the animals are reloaded, and take whatever precautions are 
necessary in the interim to ensure that the animals are maintained in 
isolation sufficient to prevent dissemination of the diseases they 
carry. This practice is standard, and we do not believe it is necessary 
to describe it in the regulations.
    The same commenter suggested that APHIS create an incentive for 
cattle and bison owners to ship their tuberculosis- and brucellosis-
affected cattle and bison to slaughter without branding by awarding 
certificates of recognition to owners who regularly opt to ship their 
animals in sealed vehicles or under APHIS or State escort as an 
alternative to branding. The commenter said that APHIS should publicize 
the award of these certificates periodically through agency press 
releases and reports. The commenter reasons that most cattle producers 
and brokers will continue to brand their disease-affected animals 
despite the alternative offered in the proposed rule, and that if APHIS 
is committed to reducing distress to cattle and bison, some further 
incentive will need to be offered.
    We are making no changes based on this comment. As stated in 
response to a previous comment, it is our belief that most cattle and 
bison owners will choose to move their animals to slaughter without 
branding using one of the options provided in this rule. Branding a 
herd of cattle or bison is time-consuming, difficult, and costly 
because of the effort and personnel needed to restrain each animal. It 
is far easier to simply herd the animals into a truck which is then 
sealed. Regardless of this belief, the primary concern of APHIS is to 
move these animals to slaughter without disseminating the diseases they 
carry to healthy animals. While we are attempting to achieve this in 
the most humane manner possible, there are circumstances under which we 
would advise branding over the other alternatives we proposed, such as 
if the cattle or bison cannot be moved immediately to slaughter. For 
this reason, we are not promoting the consistent use of one alternative 
over another. Further, it is likely that most owners of tuberculosis or 
brucellosis affected herds would not elect to publicize the fact that 
their animals were slaughtered because of these diseases. We are 
offering owners several options for moving their animals, and we are 
available to advise them about which option would be most appropriate, 
and safe, given the circumstances under which their 

[[Page 48366]]
animals will be moved. If a private entity wishes to award such 
certificates of recognition, and they find that cattle and bison owners 
are willing to accept such recognition, they may feel free to do so.
    One commenter pointed out that, although the Supplementary 
Information in the proposal states that ``(w)e 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 do not include this allowance in 
the regulatory amendments to part 78. Our failure to make the change 
was an oversight, as it was clearly our intention to allow exposed 
cattle and bison to be moved directly to slaughter without branding if 
they are accompanied directly to slaughter by an APHIS or State 
representative, and we did make the necessary changes to part 51 to 
allow for that. We are, therefore, in this final rule amending 
Sec. 78.8(a)(2)(iii)(D) to allow brucellosis exposed cattle and bison 
to be moved directly to slaughter without branding if they are 
accompanied directly to slaughter by an APHIS or State representative.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule, with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We do not anticipate that this rule will have an economic impact on 
any entities, large or small. Cattle and bison that have contracted or 
been exposed to tuberculosis, brucellosis, or paratuberculosis, or that 
have been immunized against brucellosis, are already required to be 
identified by a brand; this rule will simply change the location of the 
brand. Under the tuberculosis, brucellosis, and paratuberculosis 
eradication programs, the Animal and Plant Health Inspection Service 
and cooperating States bear the costs of branding cattle and bison, and 
changing the location of the brand will 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 will be necessary for branding the cattle or bison on the 
hip, so there will be no new costs to the owner of the animals.
    This rule will 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 will be a voluntary alternative to 
branding, and will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no 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.

9 CFR Part 80

    Animal diseases, Livestock, Transportation.

    Accordingly, 9 CFR parts 50, 51, 77, 78, and 80 are amended as 
follows:

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

    1. The authority citation for part 50 continues 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) are 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 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 in 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 continues to read as follows:


[[Page 48367]]

    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) is revised to read as follows:


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

* * * * *
    (b) Except as provided in paragraph (b)(4) of this section, 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 continues 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 is amended by removing the word 
``comtaining'' and adding the word ``containing'' in its place, and 
paragraphs (a)(1) and (b)(1) are 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 in the left ear and sprayed with yellow paint on the left ear, 
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 continues 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 is amended as follows:
    a. In the definition for ``B'' branded, the phrase ``at least 5 sq. 
cm. (2X2 inches) in size on the left jaw'' is removed and ``high on the 
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 
inches) in size'' is added in its place.
    b. In the definition for Official adult vaccinate, paragraph (b)(1) 
is 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. (2X2 inches) in size on the left jaw or high on the tailhead (over 
the fourth to the seventh coccygeal vertebrae)'' is removed and ``high 
on left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 
inches) in size'' is added in its place.

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

    9. In Sec. 78.7, paragraph (b) is 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. 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 is amended as follows:
    a. Paragraph (a)(2)(iii)(D) is redesignated as paragraph 
(a)(2)(iii)(E); and a new paragraph (a)(2)(iii)(D) is added to read as 
set forth below.
    b. The period at the end of paragraphs (a)(3)(iii)(C), 
(a)(5)(iii)(C), and (b)(3)(ii) is removed, and ``; or'' is added in its 
place; and new paragraphs (a)(3)(iii)(D), (a)(5)(iii)(D), and 
(b)(3)(iii) are added to read as set forth below.


Sec. 78.8  Brucellosis exposed cattle.

* * * * *
    (a) * * *
    (2) * * *
    (iii) * * *
    (D) Accompanied directly to slaughter by an APHIS or State 
representative; or
* * * * *
    (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.
* * * * * 

[[Page 48368]]

    (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 is amended by removing the period and adding ``; 
or'' in its place at the end of the following paragraphs:
    a. (c)(1)(v)(C).
    b. (c)(1)(vii)(C).
    c. (c)(2)(i)(C).
    d. (c)(2)(ii)(B).
    e. (d)(1)(v)(C).
    f. (d)(1)(vii)(C).
    g. (d)(2)(i)(C).
    h. (d)(2)(ii)(B).
    12. Section 78.9 is amended 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

    13. In Sec. 78.22, paragraph (b) is revised to read as follows:


Sec. 78.22  Brucellosis reactor bison.

* * * * *
    (b) Identification. Brucellosis reactor bison 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. 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.
* * * * *

PART 80--PARATUBERCULOSIS IN DOMESTIC ANIMALS

    14. The authority citation for part 80 is revised to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and 
125; 7 CFR 2.17, 2.51, and 371.2(d).

    15. In Sec. 80.4, paragraph (a) is revised to read as set forth 
below.


Sec. 80.4  Movement of paratuberculosis reactors.

* * * * *
    (a) Cattle and other domestic animals that have reacted to such a 
test must be individually identified by attaching to 

[[Page 48369]]
the left ear an approved metal eartag bearing a serial number and the 
inscription ``U.S. Reactor'', or a similar State reactor tag. Cattle 
must also be:
    (1) Branded with the letter ``J,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead; 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.
* * * * *
    Done in Washington, DC, this 13th day of September 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-23191 Filed 9-18-95; 8:45 am]
BILLING CODE 3410-34-P