[Federal Register Volume 66, Number 77 (Friday, April 20, 2001)]
[Proposed Rules]
[Pages 20211-20213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9790]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 99-071-1]


Cattle from Australia and New Zealand; Testing Exemption

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations regarding the 
importation of cattle to exempt cattle imported from Australia from 
testing for brucellosis and tuberculosis prior to their export to the 
United States. We are also proposing to amend those regulations to 
exempt cattle imported from New Zealand from testing for brucellosis 
prior to their export to the United States. We have determined that 
cattle imported from Australia and New Zealand present a negligible 
risk of

[[Page 20212]]

introducing brucellosis into the United States and that cattle imported 
from Australia present a negligible risk of introducing tuberculosis 
into the United States. This action would relieve certain testing 
requirements for cattle imported from Australia and New Zealand while 
continuing to protect against the introduction of communicable diseases 
of cattle into the United States.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by June 19, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 99-071-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-071-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff 
Officer, Regionalization Evaluation Services Staff, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products to prevent the introduction into the United 
States of various animal diseases, including brucellosis and 
tuberculosis. Brucellosis is a contagious disease affecting animals and 
humans, caused by bacteria of the genus Brucella. In its principal 
animal hosts, brucellosis may cause abortion and impaired fertility. 
Bovine tuberculosis is a contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, goats, and other species, including humans. Bovine tuberculosis in 
infected animals and humans manifests itself in lesions of the lung, 
bone, and other body parts, causes weight loss and general 
debilitation, and can be fatal.
    Paragraph (a) of Sec. 93.406 outlines procedures for the 
importation of cattle from other parts of the world into the United 
States. This paragraph details tuberculosis and brucellosis testing and 
certification requirements for all cattle offered for importation from 
any part of the world, except those intended for immediate slaughter.

Australia

    The government of Australia has requested that the U.S. Department 
of Agriculture (USDA) exempt cattle imported from Australia from 
testing for brucellosis and tuberculosis. Australia has been free of 
tuberculosis since 1997 and free of brucellosis since 1990.
    In response to the Government of Australia's request, the USDA's 
Animal and Plant Health Inspection Service (APHIS) has prepared a 
qualitative risk assessment evaluating the status of brucellosis and 
tuberculosis in Australia. The risk assessment is based on 
documentation provided by Australia regarding its veterinary 
infrastructure, animal health monitoring system, trading practices with 
other regions, and other pertinent information. The risk assessment 
documents Australia's freedom from both tuberculosis and brucellosis, 
describes the capabilities of Australia's veterinary diagnostic 
laboratory, and evaluates Australia's natural barriers and regulatory 
restrictions that serve to protect against the introduction and 
dissemination of disease. Copies of the risk assessment may be obtained 
from the person listed under FOR FURTHER INFORMATION CONTACT and 
through the Internet at http://www.aphis.usda.gov/vs/reg-request.html.
    Based on the findings of our risk assessment, we believe that 
cattle imported from Australia would pose a negligible risk of 
introducing tuberculosis and/or brucellosis into the United States. 
Therefore, we are proposing to amend Sec. 93.406 of the regulations to 
exempt cattle imported from Australia from testing for tuberculosis and 
brucellosis. However, cattle imported from Australia would still have 
to be quarantined under the provisions of Sec. 93.411 and undergo any 
tests and procedures that may be required by the Administrator to 
determine their freedom from communicable diseases.

New Zealand

    The government of New Zealand has requested that the USDA exempt 
cattle imported from New Zealand from testing for brucellosis. New 
Zealand has been free of brucellosis since 1989.
    In response to the Government of New Zealand's request, APHIS has 
prepared a qualitative risk assessment evaluating the status of 
brucellosis in New Zealand. The risk assessment is based on 
documentation provided by New Zealand regarding its veterinary 
infrastructure, animal health monitoring system, trading practices with 
other regions, and other pertinent information. The risk assessment 
documents New Zealand's freedom from brucellosis, describes the 
capabilities of New Zealand's veterinary diagnostic laboratory, and 
evaluates New Zealand's natural barriers and regulatory restrictions 
that serve to protect against the introduction and dissemination of 
disease. Copies of the risk assessment may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT and through the Internet 
at http://www.aphis.usda.gov/vs/reg-request.html.
    Based on the findings of our risk assessment, we believe that 
cattle imported from New Zealand would pose a negligible risk of 
introducing brucellosis into the United States. Therefore, we are 
proposing to amend Sec. 93.406 of the regulations to exempt cattle 
imported from New Zealand from testing for brucellosis. However, cattle 
imported from New Zealand would still have to be quarantined under the 
provisions of Sec. 93.411 and undergo any tests and procedures that may 
be required by the Administrator to determine their freedom from 
communicable diseases.

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 the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would exempt cattle imported into the United 
States from Australia from the requirement for testing for tuberculosis 
and brucellosis. This proposed rule would also exempt cattle imported 
into the United States from New Zealand from the requirement for 
testing for brucellosis. This action would relieve certain testing 
requirements for cattle imported from Australia and New Zealand while 
continuing to protect against the

[[Page 20213]]

introduction of communicable diseases of cattle into the United States.

Australia

    Australia has a large cattle industry, but has minimal cattle 
exports to the United States. We do not expect that removing the 
current tuberculosis and brucellosis testing requirements would 
significantly affect the number of cattle imports from Australia.
    The number of cattle imported into the United States from Australia 
has increased slightly over recent years, although in 1998, imports 
from Australia only represented about $101,400 of the approximately 
$1.148 billion value of all U.S. cattle imports. While cattle imports 
from Australia may continue to increase, it is unlikely that the rates 
of increase would be significantly affected by the removal of the 
current tuberculosis and brucellosis testing requirements. The costs of 
testing, which include veterinary fees and handling expenses, are 
$15.00 to $25.00 per tuberculosis test and $7.50 to $15.00 per 
brucellosis test, and these testing costs represent less than 2 percent 
of the 1998 import price for cattle from Australia. It is realistic to 
assume that only a fraction of the cost savings associated with the 
removal of tuberculosis and brucellosis testing requirements would be 
passed to U.S. importers.

New Zealand

    There is no history of cattle imports into the United States from 
New Zealand. Removing the brucellosis testing requirement is not 
expected to significantly affect cattle imports from New Zealand.
    The average value of New Zealand's cattle exports during 1995 to 
1997 was $731 to $801 per head. Brucellosis testing in the United 
States, which includes veterinary and handling fees, costs about $7.50 
to $15.00, would represent only about 1 to 2 percent of the average 
value of cattle exported by New Zealand. If U.S. cattle imports from 
New Zealand were to commence, only a fraction of this cost saving would 
be passed along to the importer. Therefore, this proposed change is not 
expected, by itself, to generate such imports.

Effects on Small Entities

    The Regulatory Flexibility Act requires that the Agency 
specifically consider the economic effects of its rules on small 
entities. More than 99 percent of the 766,991 U.S. farms that reported 
cattle or calf sales in the most recent ``Census of Agriculture'' could 
be classified as small entities, using the Small Business 
Administration's criterion of annual receipts of less than $500,000. 
Given that there is no history of cattle imports from New Zealand and 
only a very low level of cattle imports from Australia, and given the 
minimal cost decrease that would result from the proposed testing 
exemptions, no effect on domestic cattle producers, large or small, is 
expected.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent 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 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.
    Accordingly, we propose to amend 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    1. The authority citation for part 93 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.

    2. Section 93.406 would be amended as follows:
    a. In the introductory text of paragraph (a), in the first 
sentence, the words ``in paragraph (d) of this section and'' would be 
added immediately after the words ``Except as provided''.
    b. A new paragraph (d) would be added to read as follows:


Sec. 93.406  Diagnostic tests.

* * * * *
    (d) Testing exemptions. Cattle from Australia are exempt from the 
tuberculosis and brucellosis testing and certification requirements of 
paragraph (a) of this section. Cattle from New Zealand are exempt from 
the brucellosis testing requirements of paragraph (a)(1) of this 
section.

    Done in Washington, DC, this 16th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-9790 Filed 4-19-01; 8:45 am]
BILLING CODE 3410-34-U