[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Rules and Regulations]
[Pages 3445-3446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1634]



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  Federal Register / Vol. 62, No. 15 / Thursday, January 23, 1997 / 
Rules and Regulations  

[[Page 3445]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 91

[Docket No. 96-005-2]


Cattle Exportations; Tuberculosis and Brucellosis Test 
Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with two changes, an interim 
rule that amended the regulations by eliminating requirements for pre-
export diagnostic tests for tuberculosis and brucellosis in certain 
cattle being exported from the United States directly to slaughter. As 
amended by this document, the rule eliminates the tuberculosis and 
brucellosis test requirements for slaughter cattle exported from States 
free of brucellosis or tuberculosis and those exported to countries 
that the Administrator has determined have an acceptable disease 
surveillance system 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 facilitates the movement of U.S. 
slaughter cattle to foreign countries.

EFFECTIVE DATE: January 23, 1997.

FOR FURTHER INFORMATION CONTACT:
Dr. Michael David, Senior Staff Veterinarian, Import/Export Animals, 
National Center for Import and Export, VS, APHIS, 4700 River Road Unit 
39, Riverdale, MD 20737-1231; (301) 734-5034.
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.
     In an interim rule effective on February 15, 1996, and published 
in the Federal Register on February 23, 1996 (61 FR 6917-6918, Docket 
No. 96-005-1), we amended the cattle exportation regulations in 9 CFR 
part 91 to remove the tuberculosis and brucellosis test requirements 
for cattle being exported for slaughter. We amended 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. In addition, we amended 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. This action relieved restrictions and 
facilitated the movement of U.S. slaughter cattle to foreign countries.
    We solicited comments concerning the interim rule for 60 days 
ending April 23, 1996. We received two comments by that date. Both 
comments were from State Departments of Agriculture. The comments are 
discussed below.
    Both commenters agreed with the economic benefits of the rule and 
the actions taken by the interim rule. However, both commenters were 
concerned with the wording about Mexico having a tuberculosis 
surveillance system equivalent to that of the United States.
    We understand and agree with the commenters' concerns. Federal 
slaughter plants in Mexico have a tuberculosis surveillance system in 
place. This rule deals with exports to Mexico of slaughter cattle but 
not other cattle. In the interim rule we should have specified that the 
slaughter plants in Mexico, to which the slaughter cattle are being 
exported, have tuberculosis surveillance systems that are acceptable to 
the United States. As a result of these comments, we are making changes 
in this final rule to revise two references to specify that the 
Administrator has determined that Canada and Mexico have acceptable 
tuberculosis surveillance systems at slaughter plants for the purposes 
of receiving cattle exported from the United States for slaughter.
    For consistency, we are making the same changes for brucellosis 
testing. Therefore, two references will be changed to specify that the 
Administrator has determined that Canada has an acceptable brucellosis 
surveillance system at slaughter plants for the purposes of receiving 
cattle exported from the United States for slaughter.
     Therefore, based on the rationale set forth in the interim rule 
and in this document, we are adopting the provisions of the interim 
rule as a final rule, with the changes discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Orders 12372 and 12988 and the 
Paperwork Reduction Act.

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.
    As stated in the interim rule published in the Federal Register on 
February 23, 1996, timely compliance with sections 603 and 604 of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) was impracticable to 
make this rule effective in time for U.S. exporters of slaughter cattle 
to take advantage of a favorable marketing situation. This final rule 
includes the analysis of the economic impact of this regulatory change 
on small entities.
    Our interim rule amended the regulations in Sec. 91.5 to remove the 
tuberculosis and brucellosis testing requirements for cattle moving 
directly to slaughter in a foreign country. Cattle exported directly 
for slaughter no longer require tuberculosis or brucellosis tests

[[Page 3446]]

prior to exportation when the receiving country (1) has a disease 
surveillance system at slaughter plants that is acceptable to the 
United States and (2) agrees to share any findings of tuberculosis or 
brucellosis in U.S. origin cattle with APHIS. Cattle moving directly to 
slaughter present a negligible risk of transmitting either brucellosis 
or tuberculosis to other cattle. Monitoring of these cattle by the 
receiving country will provide information on the source of any 
affected cattle within the United States. The interim rule also removed 
these test requirements for cattle moving directly to slaughter when 
they originate from a Class Free State for brucellosis or an 
Accredited-Free State for tuberculosis. Cattle exported for slaughter 
from a State which is free of brucellosis or tuberculosis present a 
negligible risk of carrying brucellosis or tuberculosis, respectively.
    The Regulatory Flexibility Act requires that we specifically 
consider the economic impact associated with rule changes on small 
entities. The Small Business Administration's definition of a small 
entity involved in cattle exportation is one whose total sales is less 
than $0.5 million annually. In 1992 there were 1,034,189 cattle and 
calf farms in the United States, of which 1,011,591, or 97.8 percent, 
would be considered small entities. The number of these entities 
exporting cattle for slaughter to Mexico and Canada or exporting cattle 
for slaughter from a brucellosis or tuberculosis free State is unknown.
    There were 148,906 and 71,781 cattle, except breeding cattle, 
exported from the United States in 1994 and 1995, respectively. In both 
years, over 99 percent of the cattle were exported to Mexico and 
Canada. Approximately 50 percent of the cattle exported to Canada moved 
directly to slaughter and virtually all of the cattle exported to 
Mexico moved directly to slaughter.
    To the extent that the elimination of testing requirements 
represents a reduction in operating costs, any entity bypassing this 
testing will benefit economically from the rule change. The degree to 
which an entity is affected depends on its market power or on the 
extent to which the cost reduction can be retained by the entity. 
Without information on either profit margins and operational expenses 
of the affected entities or the supply responsiveness of the affected 
industry, the affect cannot be precisely predicted. However, we expect 
that some exporters will experience a small economic benefit as a 
result of eliminating the test requirements and their associated costs.
    The cost of these tests vary depending upon where and how the tests 
are performed. Brucellosis tests may be administered along with the 
tuberculosis test. Brucellosis and tuberculosis tests cost pennies per 
animal when performed at a market concentration center where a card 
test is used. At a farm the brucellosis and tuberculosis tests cost as 
much as $19.00 per animal including labor, laboratory costs, and 
miscellaneous charges. This cost would be only slightly lower for 
performing the tuberculosis test alone. With such a low cost per 
animal, we do not expect these changes to have a significant impact on 
any entity, whether small or large.
    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.

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects in 9 CFR Part 91

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

    Accordingly, the interim rule amending 9 CFR part 91 which was 
published at 61 FR 6917-6918 on February 23, 1996, is adopted as a 
final rule with the following changes:

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 by revising paragraphs (a)(1)(i), 
(a)(2), (b)(1)(iv) and (b)(2) to read as set forth below.


Sec. 91.5  Cattle.

* * * * *
    (a) * * *
    (1) * * *
    (i) Cattle exported directly to slaughter in a country that the 
Administrator has determined has an acceptable tuberculosis 
surveillance system at slaughter plants and that agrees to share any 
findings of tuberculosis in U.S. origin cattle with APHIS; or
* * * * *
    (2) The Administrator has determined that the following countries 
have an acceptable tuberculosis surveillance system at slaughter 
plants: Canada and Mexico.
    (b) * * *
    (1) * * *
    (iv) Cattle exported directly to slaughter in a country that the 
Administrator has determined has an acceptable brucellosis surveillance 
system at slaughter plants and that agrees to share any findings of 
brucellosis in U.S. origin cattle with APHIS; or
* * * * *
    (2) The Administrator has determined that the following country has 
an acceptable brucellosis surveillance system at slaughter plants: 
Canada.
* * * * *
    Done in Washington, DC, this 16th day of January 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-1634 Filed 1-22-97; 8:45 am]
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