[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Rules and Regulations]
[Pages 35529-35534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15113]



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  Federal Register / Vol. 68, No. 115 / Monday, June 16, 2003 / Rules 
and Regulations  

[[Page 35529]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-102-2]


Tuberculosis Testing for Imported Cattle

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the animal import regulations to require that 
an import permit be obtained for the importation of cattle from Mexico; 
to require certification regarding the tuberculosis history of the 
herds from which a group of cattle is assembled for export to the 
United States; to require information regarding each premises where 
cattle intended for export to the United States have resided; and to 
add a definition for herd of origin and revise the definitions of herd, 
official tuberculin test, and whole herd test. This action is necessary 
to help us better ensure that imported cattle are free of tuberculosis, 
thereby protecting against the spread of tuberculosis within the United 
States.

DATES: This interim rule is effective June 16, 2003. We will consider 
all comments that we receive on or before August 15, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 00-102-2, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 00-102-2. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
00-102-2'' on the subject line.
    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, Senior Staff 
Officer, Assistant to the Associate Deputy Administrator, Animal Health 
Programs, VS, APHIS, 4700 River Road Unit 33, Riverdale, MD 20737-1231; 
(301) 734-5875.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 prohibit or restrict the 
importation of certain animals and birds into the United States to 
prevent the introduction of communicable diseases of livestock and 
poultry. Subpart D of part 93 (referred to below as the regulations) 
governs the importation of ruminants.
    In an interim rule effective and published in the Federal Register 
on April 20, 2001 (66 FR 20187-20190, Docket No. 00-102-1), we amended 
the regulations to require that all cattle imported into the United 
States, except cattle imported for immediate slaughter, and except 
cattle from Canada, be tested twice with negative results for 
tuberculosis. (The interim rule provided that Canada would have the 
option of following the new requirements or the existing requirements 
in Sec.  93.418.) These new requirements were located in amended Sec.  
93.406, and all previous tuberculosis testing requirements for imported 
cattle, except cattle from Canada, were removed.
    We solicited comments concerning the interim rule for 60 days 
ending June 19, 2001. We received four comments by that date. The 
comments generally supported the establishment of more stringent 
tuberculosis testing requirements for cattle imported into the United 
States. Some of the commenters, however, expressed concern that the 
provisions of our interim rule were not stringent enough. Others 
suggested specific changes to the interim rule.
    In this interim rule, we are making additional amendments to the 
regulations based on some of the comments we received. Specifically, 
this interim rule amends the regulations to require that an import 
permit be obtained for the importation of cattle from Mexico; to 
require certification regarding the tuberculosis history of the herds 
from which a group of cattle is assembled for export to the United 
States; to require information regarding each premises where cattle 
intended for export to the United States have resided; and to add a 
definition for herd of origin and revise the definitions of herd, 
official tuberculin test, and whole herd test. These changes are 
necessary to help us better ensure that imported cattle are free of 
tuberculosis, thereby protecting against the spread of tuberculosis 
within the United States. Our rationale for each of these changes is 
presented below in the discussion of the comments.

Cattle Imported from Canada

    One commenter objected to the provision in the interim rule that 
allowed importers of cattle from Canada to import animals under either 
the requirements of the interim rule or the provisions of Sec.  93.418, 
which were in place prior to the interim rule. Under the existing 
provisions in Sec.  93.418, cattle from Canada may be imported without 
being quarantined in the United States or being held at the border for 
additional testing. The commenter recommended that cattle imported from 
Canada be subject to the same requirements as cattle from other foreign 
countries.
    We are making no changes based on this comment at this time. 
However, we will review the status of Canada and other countries or 
regions regarding their approach to managing tuberculosis as part of a 
proposed rulemaking we

[[Page 35530]]

intend to undertake regarding the importation of cattle into the United 
States. Currently, we consider the conditions in Sec.  93.418 under 
which cattle may be imported from Canada into the United States to be 
adequate.

Reliable Testing

    One commenter expressed concern about the reliability of the 
tuberculosis testing within Mexico and urged that such testing be 
reviewed by the U.S./Mexico Bi-National Tuberculosis Committee.
    From our long history of cooperation with Mexico, we are confident 
that the tuberculosis testing protocols used in Mexican States for the 
export of cattle to the United States are reliable. Those testing 
protocols are reviewed by the U.S./Mexico Bi-National Tuberculosis 
Committee, which was created in 1994 to assist Mexico with its 
tuberculosis eradication efforts. Furthermore, in an effort to 
implement its tuberculosis eradication program, Mexico's Secretariat of 
Agriculture, Livestock, Rural Development, Fisheries, and Food 
(SAGARPA) conducts an annual review of testing procedures in Mexico. 
The eradication program has been successful to the point where there 
has been a reduction in the prevalence of tuberculosis in cattle in 
certain regions of Mexico.

Permit Requirement

    One commenter stated that the Animal and Plant Health Inspection 
Service (APHIS) should hold SAGARPA accountable for the accuracy of 
certificates of origin issued in Mexico for cattle intended for export, 
and that APHIS should work with SAGARPA to ensure that certificates of 
origin are not endorsed by SAGARPA for cattle that originate from 
Mexican States that do not meet minimum standards equivalent to those 
for the ``accreditation preparatory'' classification in the United 
States. The commenter expressed concern that the process for disease 
risk classification of cattle in Mexico may be unreliable.
    Mexican authorities have demonstrated that certificates of origin 
are issued in many Mexican States according to an assurance program 
equivalent to that applied in the United States. Under this program, 
all certificates of origin must be signed by an accredited veterinarian 
and endorsed by SAGARPA. APHIS and SAGARPA have been working together 
in an effort to identify and control the movement of cattle from 
Mexican States and regions that are at high risk of containing 
tuberculosis-infected animals to reduce the likelihood that these 
animals will be moved into the United States or into States in Mexico 
at lower risk of containing tuberculosis infected animals.
    However, not all Mexican States have adopted and are implementing 
an eradication program. Therefore, APHIS is in the process of 
developing rulemaking that would create tuberculosis risk 
classifications for foreign regions that are equivalent to the domestic 
risk classifications that have been established in the United States. 
The requirements for importing cattle from a particular foreign region 
would be based on the level of tuberculosis risk in that region, as 
indicated by its risk classification.
    In the meantime, we are removing Sec.  93.424(a)(3), which waives 
the requirement of an import permit for cattle imported from Mexico. 
Importers of cattle from Mexico will be subject to the regulations in 
Sec.  93.404, which require importers of cattle to first apply for and 
obtain from APHIS an import permit. On the application, the importer 
must include information regarding the type, number, and identification 
of the animals to be imported, and information on the origin, intended 
date and location of arrival, routes of travel, and destination of the 
animals.
    As provided for in Sec.  93.404(a)(3), an application for permit to 
import cattle may be denied because of:
    [sbull] Communicable disease conditions in the area or region of 
origin, or in a region where the shipment has been or will be held or 
through which the shipment has been or will be transported;
    [sbull] Deficiencies in the regulatory programs for the control or 
eradication of animal diseases and the unavailability of veterinary 
services in the region of origin or in a region where the cattle have 
been or will be held or through which the cattle have been or will be 
transported;
    [sbull] The importer's failure to provide satisfactory evidence 
concerning the origin, history, and health status of the ruminants;
    [sbull] The lack of satisfactory information necessary to determine 
that the importation will not be likely to transmit any communicable 
disease to livestock or poultry of the United States; or
    [sbull] Any other circumstances which the Administrator believes 
require such denial to prevent the dissemination of any communicable 
disease of livestock or poultry into the United States.
    [sbull] We are including Mexico among the countries for which a 
permit is needed to import cattle into the United States because we 
agree with the commenter that enough variation exists in the risk of 
importation of different types of cattle from different areas of Mexico 
to warrant an examination by APHIS of each individual request for 
importation.

Certification Requirements and Definitions of Whole Herd Test and Herd 
of Origin

    Two commenters expressed concern that the interim rule did not 
include provisions that would enable APHIS to learn the full 
tuberculosis history of cattle to be imported and the herds they came 
from. One commenter recommended that, to be considered part of a herd, 
cattle should be required to be on common ground for at least 12 
months, rather than 4 months as provided for in the interim rule. The 
commenter suggested that the 4-month provision might enable the 
assembly of a herd from multiple sources whose tuberculosis status is 
likely to be unknown, and allow the export of the animals before enough 
time passes to ensure the cattle are not infected. Another commenter 
suggested that whole herd test, as used in the regulations, be defined 
to include the testing of breeding cattle, to preclude such a test 
being administered to a group of feeder cattle but not their dams.
    We agree with the commenters that it is important to know the 
tuberculosis history of the herds from which a group of cattle is 
assembled, and to be able to trace back the tuberculosis history of any 
animal intended for export to the United States far enough to ensure 
that the animal is not infected with the disease. To help ensure that 
this information accompanies cattle that are imported into the United 
States, we are making several changes in this interim rule as discussed 
below.
    Under Sec.  93.406(a)(2)(i) of the April 2001 interim rule, we 
required, among other things, that steers and spayed heifers intended 
for importation originate from a herd that tested negative to a whole 
herd test for tuberculosis within 1 year prior to the date of their 
exportation to the United States. In Sec.  93.406(a)(2)(iii) of that 
interim rule, we required, among other things, that sexually intact 
cattle not from an accredited herd also originate from a herd that 
tested negative to a whole herd test for tuberculosis within 1 year 
prior to the date of exportation to the United States.
    In Sec.  93.400 of the April 2001 interim rule, we defined whole 
herd test as an official tuberculin test of all cattle in a herd that 
are 6 months of age or older, and of all cattle in the herd that are 
less than 6 months of age and were not born

[[Page 35531]]

into the herd, except for certain cattle less than 6 months of age that 
met certain criteria in the definition. In the interim rule, herd was 
defined, in part, as ``any group of one or more animals maintained for 
at least 4 months on common ground.'' Therefore, according to the 
definitions in the interim rule, a ``whole herd test'' could be a test 
of a group of cattle that had been together for as little as 4 months.
    To address the commenters' concerns that such a test might not give 
an adequate picture of the tuberculosis history of cattle intended for 
importation into the United States, in this interim rule we are 
requiring that the cattle described in Sec.  93.406(a)(2)(i) and (iii) 
be accompanied by certification that the herd in which the cattle were 
born and raised has tested negative to a whole herd test. In the 
definitions in Sec.  93.400, we are adding the term herd of origin to 
mean the herd within which an individual animal was born and raised and 
that was maintained on common ground for at least 4 months. To 
accommodate additions to the herd of origin, we are including in the 
definition of herd of origin certain language that was included in the 
April 2002 interim rule's definition of herd, but that, in this interim 
rule, we are removing from the definition of herd, as explained below. 
We are providing in the definition of herd of origin that, for a group 
of one or more animals to qualify as a herd of origin for the purposes 
of Sec.  93.406, animals may be added to the herd during or after the 
4-month qualifying period only if they: (1) Originated from a 
tuberculosis-free herd; or (2) originated from an accredited herd or 
originated from a herd of origin that tested negative to a whole herd 
test, and the individual cattle to be added to the herd also tested 
negative to any additional individual tests for tuberculosis required 
by the Administrator.
    The herd of origin testing results must be included on the same 
import certificate already required under Sec.  93.406(a). The 
certificate must be issued by a salaried veterinary officer of the 
national government of the region of origin, or, if the animals are 
exported from Mexico, either be such a certificate or one that is 
issued by a veterinarian accredited by the National Government of 
Mexico and endorsed by a full-time salaried veterinary officer of the 
National Government of Mexico.
    We are also amending the definition of whole herd test to make it 
clear that the herd tested in a whole herd test is a herd of origin. 
Additionally, we are amending the definition of herd by removing the 
condition that the animals have been together for at least 4 months (as 
well as the language discussed above regarding additions to the herd 
during or after the 4-month qualifying period). The 4-month qualifying 
provision was included in the initial interim rule to increase the 
validity of the whole herd test of the herd from which the cattle 
originated. However, under this interim rule, we can better ensure that 
cattle to be imported into the United States are not infected with 
tuberculosis, even if they are exported as part of a herd that has been 
together for less than 4 months, by requiring negative tuberculosis 
results to a whole herd test of the herd in which the cattle were born 
and raised (the herd of origin).
    To give us further information upon which to evaluate a request to 
import cattle, we are amending Sec.  93.404(a), which describes, among 
other things, the process for applying for an import permit. Under the 
existing regulations, an application to import ruminants must include 
the region of origin of the animals. In this interim rule, we are 
adding the requirement that the application for an import permit 
include the address of, or other means of identifying, the premises of 
the herd of origin, including the State or its equivalent, the 
municipality or nearest city, and the specific location of the 
premises, or an equivalent method, approved by the Administrator, of 
identifying the location of the premises. This same information will be 
required regarding any other premises where the animals were held prior 
to export.

Definition of Official Tuberculin Test

    One commenter observed that the wording of the definition of 
official tuberculin test in the April 2001 interim rule suggests that 
the test may be administered and reported by a non-veterinarian as long 
as he or she is a salaried official of the national government of the 
exporting region. The commenter recommended that the definition of 
official tuberculin test be revised to provide that the test is one 
that is administered and reported either by a veterinarian accredited 
by, or a salaried veterinarian of, the State or Federal government of 
the exporting region, rather than simply by a salaried official of the 
government of the exporting region. The commenter was particularly 
concerned that the official tuberculin test of Mexican cattle be 
administered and reported by a veterinarian accredited by SAGARPA or a 
salaried veterinarian of SAGARPA.
    We agree that the change recommended by the commenter is 
appropriate and are revising the definition of official tuberculin test 
to provide that such a test is administered and reported by a full-time 
salaried veterinary officer of the national government of the region of 
origin, or administered and reported by a veterinarian designated or 
accredited by the national government of the region of origin and 
endorsed by a full-time salaried veterinary officer of the national 
government of the region of origin, representing that the veterinarian 
issuing the certificate was authorized to do so.

Miscellaneous

    Additionally, we are adding language to Sec.  93.406(c) to clarify 
that, under the existing regulations in Sec.  93.427(a), cattle and 
other ruminants from Mexico may be detained at the port of entry for 
inspection, testing, disinfection, and dipping.

Emergency Action

    This rulemaking is necessary on an emergency basis to help us 
better ensure that imported cattle are free of tuberculosis, thereby 
protecting against the spread of tuberculosis within the United States. 
Under these circumstances, the Administrator has determined that prior 
notice and opportunity for public comment are contrary to the public 
interest and that there is good cause under 5 U.S.C. 553 for making 
this rule effective less than 30 days after publication in the Federal 
Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
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 interim rule amends the animal import regulations to require 
that an import permit be obtained for the importation of cattle from 
Mexico; to require certification regarding the tuberculosis history of 
the herds from which a group of cattle is assembled for export to the 
United States; to require information regarding each premises where 
cattle intended for export to the United States have resided; and to 
add a definition for herd of origin and revise

[[Page 35532]]

the definitions of herd, official tuberculin test, and whole herd test. 
This action is necessary to help us better ensure that imported cattle 
are free of tuberculosis, thereby protecting against the spread of 
tuberculosis within the United States.
    This rule will produce substantial benefits for the U.S. livestock 
industry, as well as for individual livestock producers, both large and 
small, since it will help prevent, at little cost, the importation of 
tuberculosis-infected livestock into the United States, and will also 
enhance international trade in livestock. This action is not expected 
to result in an increase in cattle imports into the United States, 
since the rule, by requiring additional negative testing, is more 
restrictive than the current regulations.
    The United States is a net importer of live cattle. From 1998 to 
2000, almost all live animal imports into the United States were from 
Canada (about 53 percent) and Mexico (about 47 percent). In 2000 alone, 
the United States imported 2,191,019 head of cattle and calves, almost 
all of which were from Canada (968,435 head) and Mexico (1,222,569 
head), valued at $1,152 million. Thus, between 1998 and 2000, U.S. live 
cattle trade essentially has been trade with Canada and Mexico, the 
U.S. partners to the North American Free Trade Agreement.
    Over 99 percent of the imported animals were not for breeding. 
Almost half of all live animals imported to the United States were 
shipped for immediate slaughter; the remaining half were sent to 
designated feedlots. Nearly 98.3 percent of slaughter animals were from 
Canada, while about 92 percent of feeder animals were from Mexico. Of 
the total number of animals imported from Mexico in 2000, feeder and 
slaughter animal imports accounted for over 99 percent of the imports.
    This interim rule does not change the import requirements for 
cattle imported from Canada. This situation is being evaluated 
separately.
    However, slaughter and/or feeder cattle entering the United States 
from Mexico, where tuberculosis is a continuing problem, will be 
subject to the requirements of this interim rule, as will such cattle 
from any other country wishing to export to the United States. Breeding 
animals from any source other than Canada will continue to be tested 
for tuberculosis and other diseases at the port of entry and held 
either for 72 hours (if from Mexico) or for 30 days (if from any other 
country) until test results are known. Those animals will either be 
rejected entry or allowed entry depending upon the test results.
    This rule is more restrictive than the current regulations and will 
produce economic benefits by preventing an incursion of tuberculosis 
into the United States and accelerating the eradication of the disease 
in this country. Counteracting the spread of disease from even one 
infected animal could prove very costly and cause serious economic 
damage to the livestock industry. The main effect of this rulemaking 
will be to prevent an incursion of tuberculosis into the United States, 
thus helping to avoid potentially serious economic damage to the U.S. 
cattle industry.
    As this action simply introduces an additional precautionary 
requirement, it is not expected to result in an increase in the supply 
or cost of cattle imports into the United States. Any unlikely 
shortfall of supply could easily be met by domestic sources, without 
significantly affecting either producer or consumer price. It is not 
anticipated that any U.S. entities (importers, members of the public, 
or cattle producers) will experience significant economic effects as a 
result of this action. Foreign producers will cover any costs of 
additional testing and are unlikely to pass those costs along to 
importers and consumers due to the need to remain economically 
competitive in the U.S. livestock market.
    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 12988

    This rule has been reviewed under Executive Order 12988, 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

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0224 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 00-102-2, Regulatory Analysis and Development, PPD, APHIS, 
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 00-102-2 and send 
your comments within 60 days of publication of this rule.
    Under this interim rule, exporters of cattle from Mexico must apply 
for a permit to import cattle. Prior to this interim rule, certain 
cattle from Mexico were exempted from the requirement for an import 
permit. Exporters of cattle to the United States from countries for 
which an application for an import permit was already required under 
Sec.  93.404 must add information to that application regarding the 
specific location of each premises that cattle to be imported into the 
United States have been on. Additionally, we are requiring 
certification regarding the tuberculosis history of the herds from 
which a group of cattle is assembled for export to the United States. 
This information is necessary to allow APHIS to determine if 
importation of the cattle should be allowed, or under what conditions, 
based on the disease situation in the areas in which the cattle have 
resided.
    We are soliciting comments from the public, as well as from 
affected agencies, concerning our information and recordkeeping 
requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 2 hours per response.
    Respondents: Brokers and exporters of cattle to the United States, 
and accredited veterinarians or other veterinary authorities who issue 
export documentation for Mexico's Secretariat

[[Page 35533]]

of Agriculture, Livestock, Rural Development, Fisheries, and Food.
    Estimated annual number of respondents: 100.
    Estimated annual number of responses per respondent: 75.
    Estimated annual number of responses: 7,500.
    Estimated total annual burden on respondents: 15,000 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

0
Accordingly, we are amending 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

0
1. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


0
2. Section 93.400 is amended as follows:
0
a. By revising the definitions of herd, official tuberculin test, and 
whole herd test to read as set forth below.
0
b. By adding, in alphabetical order, a definition of herd of origin to 
read as set forth below.


Sec.  93.400  Definitions.

* * * * *
    Herd. Any group of one or more animals maintained on common ground; 
or two or more groups of animals under common ownership or supervision 
on two or more premises that are geographically separated, but among 
which there is an interchange or movement of animals.
    Herd of origin. The herd within which an individual animal was born 
and raised and that was maintained on common ground for at least 4 
months. For a group of one or more animals to qualify as a herd of 
origin for the purposes of Sec.  93.406, animals may be added to the 
herd during or after the 4-month qualifying period only if they:
    (1) Originated from a tuberculosis-free herd; or
    (2) Originated from an accredited herd or originated from a herd of 
origin that tested negative to a whole herd test, and the individual 
cattle to be added to the herd also tested negative to any additional 
individual tests for tuberculosis required by the Administrator.
* * * * *
    Official tuberculin test. A test for bovine tuberculosis that is 
approved by the Administrator as equivalent to the international 
standard test described in the Manual of Standards for Diagnostic Tests 
and Vaccines, Office International des Episodes, and that is 
administered and reported by a full-time salaried veterinary officer of 
the national government of the region of origin, or administered and 
reported by a veterinarian designated or accredited by the national 
government of the region of origin and endorsed by a full-time salaried 
veterinary officer of the national government of the region of origin, 
representing that the veterinarian issuing the certificate was 
authorized to do so.
* * * * *
    Whole herd test. An official tuberculin test of all cattle in a 
herd of origin that are 6 months of age or older, and of all cattle in 
the herd of origin that are less than 6 months of age and were not born 
into the herd of origin, except those cattle that are less than 6 
months of age and:
    (1) Were born in and originated from a tuberculosis-free herd; or
    (2) Were born in and originated from an accredited herd or 
originated from a herd of origin that has tested negative to a whole 
herd test, and the individual cattle have tested negative to any 
additional individual tests for tuberculosis required by the 
Administrator.
* * * * *


Sec.  93.404  [Amended]

0
3. In Sec.  93.404, paragraph (a)(1), the second sentence is amended as 
follows:
0
a. By adding, immediately after the words ``the region of origin;'' the 
following phrase: ``for cattle, the address of or other means of 
identifying the premises of the herd of origin and any other premises 
where the cattle resided prior to export, including the State or its 
equivalent, the municipality or nearest city, and the specific location 
of the premises, or an equivalent method, approved by the 
Administrator, of identifying the location of the premises;''.
0
b. By revising the OMB citation at the end of the section to read as 
follows: ``[Approved by the Office of Management and Budget under 
control numbers 0579-0040 and 0579-0224]''.

0
4. Section 93.406 is amended as follows:
0
a. By revising paragraphs (a)(2)(i) and (a)(2)(iii) to read as set 
forth below.
0
b. In paragraph (c), by adding the words ``or Sec.  93.427'' after the 
citation ``Sec.  93.411''.


Sec.  93.406  Diagnostic tests.

    (a) * * *
    (2) Tuberculosis.
    (i) For steers and spayed heifers, the cattle originated from a 
herd of origin that tested negative to a whole herd test for 
tuberculosis within 1 year prior to the date of exportation to the 
United States, and the animals each tested negative to an additional 
official tuberculin test conducted within 60 days prior to the date of 
exportation to the United States, and any individual cattle that had 
been added to the herd tested negative to any individual tests for 
tuberculosis required by the Administrator; or
* * * * *
    (iii) For sexually intact cattle that are not from an accredited 
herd, the cattle originated from a herd of origin that tested negative 
to a whole herd test for tuberculosis within 1 year prior to the date 
of exportation to the United States, and the animals each tested 
negative to one additional official tuberculin test conducted no more 
than 6 months and no less than 60 days prior to the date of exportation 
to the United States, and any individual cattle that had been added to 
the herd tested negative to any individual tests for tuberculosis 
required by the Administrator, except that the additional test is not 
required if the animals are exported within 6 months of when the herd 
of origin tested negative to a whole herd test.
* * * * *

[[Page 35534]]

Sec.  93.424  [Amended]

0
5. Section 93.424 is amended as follows:
0
a. In paragraph (a)(1), the word ``or'' is added immediately after the 
semicolon.
0
b. In paragraph (a)(2), the word ``; or'' is removed and a period is 
added in its place.
0
c. Paragraph (a)(3) is removed.

    Done in Washington, DC, this 10th day of June 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-15113 Filed 6-13-03; 8:45 am]
BILLING CODE 3410-34-P