[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Rules and Regulations]
[Pages 6917-6918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4148]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 37 / Friday, February 23, 1996 / 
Rules and Regulations  

[[Page 6917]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 96-005-1]


Cattle Exportations; Tuberculosis and Brucellosis Test 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations concerning exportation of 
livestock by eliminating requirements for pre-export diagnostic tests 
for tuberculosis and brucellosis in certain cattle being exported from 
the United States directly to slaughter. Slaughter cattle affected will 
be those exported from States free of brucellosis or tuberculosis and 
those exported to countries that have a disease surveillance system 
equivalent to that of the United States and that agree to share with 
the United States any findings of brucellosis or tuberculosis in U.S. 
origin cattle. We believe that these test requirements can be 
eliminated without compromising the integrity of our brucellosis and 
tuberculosis surveillance systems. This rule will facilitate the 
movement of U.S. slaughter cattle to foreign countries.

DATES: Interim rule effective February 15, 1996. Consideration will be 
given only to comments received on or before April 23, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-005-1, 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. 96-005-1. 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. Gary Colgrove, Chief Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-3294.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 91, ``Inspection and Handling of 
Livestock for Exportation'' (referred to below as the regulations), 
prescribe conditions for exporting animals from the United States. 
Section 91.5 requires, among other things, that cattle intended for 
exportation be tested for tuberculosis and brucellosis. We are amending 
the regulations to remove these testing requirements for cattle 
exported directly to slaughter in a foreign country, if the receiving 
country has a disease surveillance system equivalent to that of the 
United States, as determined by the Administrator of the Animal and 
Plant Health Inspection Service (APHIS), and if the receiving country 
agrees to share any findings of brucellosis or tuberculosis in U.S. 
origin cattle with APHIS. Also, we are amending the regulations to 
remove these testing requirements for any cattle moving directly to 
slaughter from a State designated as free of tuberculosis or 
brucellosis in 9 CFR 77.1 or 78.41, respectively.
    Currently, all cattle exported from the United States, including 
cattle shipped directly to slaughter, must be tested for brucellosis 
and tuberculosis. Testing ensures that any diseased cattle will be 
detected and prevented from leaving the United States. Additionally, 
detection of disease in any cattle intended for export would alert 
APHIS to the possible presence of disease in the herd of origin, and 
allow us to take action to contain and eradicate the disease.
    Cattle moving directly to slaughter present a negligible risk of 
transmitting either brucellosis or tuberculosis to other cattle. 
Although we would still want the cattle tested to ensure that we have 
information about any possible source of these diseases in the United 
States, the tests could be conducted in the receiving country, if that 
country has a disease surveillance system equivalent to that of the 
United States, as determined by the Administrator, APHIS, and the 
country agrees to share any findings of tuberculosis and brucellosis 
with APHIS. Further, cattle intended for export directly to slaughter 
from a Class Free State for brucellosis or an Accredited-Free State for 
tuberculosis would present a negligible risk of carrying brucellosis or 
tuberculosis, respectively. Therefore, we believe it is unnecessary to 
require testing, prior to export, for brucellosis if the cattle are 
moved directly from a Class Free State for brucellosis, or for 
tuberculosis if the cattle are moved directly from an Accredited-Free 
State for tuberculosis.
    The primary effect of this rule would be on cattle moved directly 
to slaughter in Mexico and Canada. Nearly all cattle exported for 
slaughter are exported to Mexico and Canada. The Administrator has 
determined that Canada has a surveillance system for both tuberculosis 
and brucellosis that is equivalent to that of the United States, and 
Canada will share any findings of tuberculosis and brucellosis in U.S. 
origin cattle with APHIS. The Administrator also has determined that 
Mexico has a surveillance system for tuberculosis that is equivalent to 
that of the United States, and Mexico will share any findings of 
tuberculosis in U.S. origin cattle with APHIS. Mexico is still 
developing a brucellosis surveillance system, so cattle moving directly 
to slaughter in Mexico will continue to require brucellosis tests, 
unless they are moving from a Class Free State, as designated in 9 CFR 
78.41.

Miscellaneous

    We are making minor editorial changes for clarity and consistency.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. This rule will 
relieve restrictions on the exportation of slaughter cattle by removing 
certain pre-export testing requirements. U.S. cattle exporters will 
benefit economically if the restrictions are removed in time for them 
to take 

[[Page 6918]]
advantage of current favorable marketing conditions. In addition, State 
veterinary officials from all four States bordering Mexico--Arizona, 
California, New Mexico, and Texas--have requested that we make these 
changes to facilitate the export of slaughter cattle, as we have other 
means to obtain the test results.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

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.
    This rule relieves restrictions and is, therefore, expected to have 
a favorable economic impact on small entities. The need to make this 
rule effective in time for U.S. exporters of slaughter cattle to take 
advantage of a favorable marketing situation makes timely compliance 
with sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) impracticable. The final rule for this action will include 
an analysis of the economic impact of this rule on small entities and 
will address any comments we receive on the economic impact of the rule 
on small entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

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 inconsistent 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 new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, and Transportation.

    Accordingly, 9 CFR part 77 is amended as follows:

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

    1. The authority citation for part 91 continues to read as follows:

    Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f, 
136. 136a, 612, 613, 614, and 618; 46 U.S.C. 466a and 466b; 49 
U.S.C. 1509(d); 7 CFR 2.22, 2.80, and 371.2(d).

    2. Section 91.5 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    b. By revising paragraph (b) to read as set forth below.
    c. In paragraph (c), the first sentence, by adding a comma after 
the words ``foreign country''.


Sec. 91.5  Cattle.

* * * * *
    (a) Tuberculosis. All cattle over 1 month of age shall be negative 
to a caudal intradermal tuberculin test using 0.1 ml. of tuberculin 
with a reading obtained 72 hours (plus or minus six hours) after 
injection as prescribed in Veterinary Services Memorandum 552.15 
``Instructions and Procedures for Conducting Tuberculin Tests in 
Cattle,'' section VIII A.2

    \2\ Copies of this publication may be obtained from the Animal 
and Plant Health Inspection Service, Veterinary Services, National 
Center for Import-Export, 4700 River Road, Riverdale, Maryland 
20737-1231.
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    (1) Provided that, such tests are not required for any of the 
following:
    (i) Cattle exported directly to slaughter in a country that has a 
tuberculosis surveillance system equivalent to that of the United 
States, as determined by the Administrator, and that agrees to share 
any findings of tuberculosis in U.S. origin cattle with APHIS; and
    (ii) Cattle exported directly to slaughter from a State designated 
as an Accredited-Free State in 9 CFR 77.1.
    (2) The Administrator has determined that the following countries 
have a tuberculosis surveillance system that is equivalent to that of 
the United States: Canada and Mexico.
    (b) Brucellosis. All cattle over 6 months of age shall be negative 
to a test for brucellosis conducted as prescribed in ``Standard 
Agglutination Test Procedures for the Diagnosis of Brucellosis'' \2\ or 
``Supplemental Test Procedures for the Diagnosis of Brucellosis.'' \2\
    (1) Provided that, such tests are not required for any of the 
following:
    (i) Official vaccinates of dairy breeds under 20 months of age;
    (ii) Official vaccinates of beef breeds under 24 months of age;
    (iii) Steers and spayed heifers;
    (iv) Cattle exported directly to slaughter in a country that has a 
brucellosis surveillance system equivalent to that of the United 
States, as determined by the Administrator, and that agrees to share 
any findings of brucellosis in U.S. origin cattle with APHIS; and
    (v) Cattle exported directly to slaughter from a State designated 
as a Class Free State in 9 CFR 78.41.
    (2) The Administrator has determined that the following country has 
a brucellosis surveillance system that is equivalent to that of the 
United States: Canada.
* * * * *


Sec. 91.8  [Amended]

    3. In Sec. 91.8, footnote 4 and its reference are redesignated as 
footnote 3.

    Done in Washington, DC, this 15th day of February 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-4148 Filed 2-22-96; 8:45 am]
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