[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Rules and Regulations]
[Pages 9749-9750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4598]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 00-112-2]


Cattle From Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal importation regulations to prohibit 
the importation of Holstein cross steers and Holstein cross spayed 
heifers from Mexico. The regulations have prohibited the importation of 
Holstein steers and Holstein spayed heifers from Mexico due to the high 
incidence of bovine tuberculosis in that breed, but have not placed any 
special restrictions on the importation of Holstein cross steers and 
Holstein cross spayed heifers from Mexico. Given that the incidence of 
bovine tuberculosis in Holstein cross steers and Holstein cross spayed 
heifers from Mexico is comparable to the incidence of tuberculosis in 
Holstein steers and Holstein spayed heifers, this action is necessary 
to protect the health of domestic livestock in the United States.

EFFECTIVE DATE: April 1, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Roger Perkins, Senior Staff 
Veterinarian, Animals Program, National Center for Import and Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 
734-8419.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 prohibit or restrict the 
importation of certain animals, birds, and poultry into the United 
States in order to prevent the introduction of communicable diseases of 
livestock and poultry. Subpart D of part 93 (Sec. Sec.  93.400 through 
93.435, referred to below as the regulations) governs the importation 
of ruminants. Section 93.427 of the regulations contains restrictions 
on the importation of ruminants from Mexico.
    On June 3, 2003, we published in the Federal Register (68 FR 33028-
33030, Docket No. 00-112-1) a proposal to amend the regulations in 
Sec.  93.427 to prohibit importation of Holstein cross steers and 
Holstein cross spayed heifers from Mexico. Given that the incidence of 
bovine tuberculosis in Holstein cross steers and Holstein cross spayed 
heifers from Mexico is comparable to that of bovine tuberculosis in 
Holstein steers and Holstein spayed heifers, which have been prohibited 
entry from Mexico since May 1994, we believed it was necessary to 
prohibit the importation of those Holstein cross animals in order to 
eliminate a pathway for the introduction of bovine tuberculosis into 
the United States.
    We solicited comments concerning our proposal for 60 days ending 
August 4, 2003. We received three comments by that date. They were from 
a State agricultural agency, a foreign animal health agency, and a 
domestic milk producers organization. Two of the commenters supported 
the proposal.
    The remaining commenter expressed concern that the identification 
criteria adopted by inspectors on the United States-Mexico border could 
create disagreement, since it may prove difficult to differentiate 
Holsteins or Holstein crosses from other cattle that simply resemble 
Holsteins or Holstein crosses.
    Personnel at U.S. ports, both veterinarians and non-veterinarian 
inspectors, are thoroughly trained and experienced in identifying all 
types of breeds and breed crosses. We do not, therefore, believe it is 
necessary to make any changes in this final rule in response to that 
comment.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

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 are amending the animal importation regulations to prohibit the 
importation of Holstein cross steers and Holstein cross spayed heifers 
from Mexico. The regulations have prohibited the importation of 
Holstein steers and Holstein spayed heifers from Mexico due to the high 
incidence of tuberculosis in that breed, but have not placed any 
special restrictions on the importation of Holstein cross steers and 
Holstein cross spayed heifers from Mexico. Given that the incidence of 
tuberculosis in Holstein cross steers and Holstein cross spayed heifers 
from Mexico is comparable to the incidence of tuberculosis in Holstein 
steers and Holstein spayed heifers, this action is necessary to protect 
the health of domestic livestock in the United States.
    Given the size of U.S. livestock inventories and the volume of 
animal and animal product sales, consequences of a large tuberculosis 
outbreak in the United States could be catastrophic. Cattle in U.S. 
herds in 2000 were valued at $67 billion, with 1999 cash receipts of 
$36.5 billion from the sale of cattle, calves, beef, and veal. Cash 
receipts from the sale of milk and cream in 1999 reached $23.2 billion. 
The value of fresh beef and veal exports by the United States totaled 
$2.7 billion in 1999 and $3 billion in 2000. A widespread bovine 
tuberculosis outbreak in the United States could potentially cause 
significant production and trade losses.
    The value of cattle imported from Mexico in 1998 through 2001 
represented less than 1 percent of the value of the total U.S. domestic 
cattle supply. Further, the volume of U.S. imports of live cattle from 
Mexico has generally increased since 1997. Imports of Holstein cross-
bred steers and spayed heifers have generally increased during the same 
period.

Effect on Small Entities

    Under the Regulatory Flexibility Act, agencies are required to 
analyze the economic effects of their regulations on small businesses 
and to use flexibility to provide regulatory relief when regulations 
create economic disparities between different-sized entities. According 
to the Small Business Administration's (SBA's) Office of

[[Page 9750]]

Advocacy, regulations create economic disparities based on size when 
they have a significant economic impact on a substantial number of 
small entities.
    U.S. livestock importers, breeders, and producers would be entities 
that are directly affected by this rule. There are no specific data 
available on numbers of cattle importers; however, there are 
approximately 2,000 wholesale livestock traders (North American 
Industry Classification System [NAICS] code 422520), many of whom may 
also be cattle importers. It is likely that the majority of these firms 
are small entities according to the SBA's criterion of 100 or fewer 
employees. There are approximately 1 million livestock producers and 
breeders (NAICS code 112111) in the United States, approximately 99 
percent of which are small entities according to SBA's criterion of 
annual receipts of $750,000 or less.
    However, given that (1) imported Mexican cattle account for less 
than 1 percent of the value of the U.S. cattle supply, and (2) the 
volume of Holstein cross steers and Holstein cross spayed heifers 
imported from Mexico is believed to represent a small fraction of total 
cattle imports from Mexico, we expect that the economic effects on the 
U.S. livestock industry of the prohibition will be negligible. The 
prohibition also will not have a significant effect on U.S. cattle 
importers, breeders, or producers because such persons may easily 
substitute other breeds of cattle for Mexican Holstein cross steers and 
spayed heifers.
    This prohibition on the importation of Holstein cross steers and 
Holstein cross spayed heifers will benefit the U.S. livestock industry 
and U.S. consumers by helping to prevent the introduction of bovine 
tuberculosis into the United States.
    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 final rule has been reviewed under Executive Order 12988, 
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 final 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.

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. In Sec.  93.427, paragraph (c)(4) is revised to read as follows:


Sec.  93.427  Cattle from Mexico.

* * * * *
    (c) * * *
    (4) The importation of Holstein steers, Holstein spayed heifers, 
Holstein cross steers, and Holstein cross spayed heifers from Mexico is 
prohibited.
* * * * *

    Done in Washington, DC, this 26th day of February 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-4598 Filed 3-1-04; 8:45 am]
BILLING CODE 3410-34-P