[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Rules and Regulations]
[Pages 43283-43285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16282]



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  Federal Register / Vol. 69, No. 138 / Tuesday, July 20, 2004 / Rules 
and Regulations  

[[Page 43283]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 03-081-1]


Tuberculosis in Cattle; Import 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 animal importation regulations to require 
that steers and spayed heifers with any evidence of horn growth that 
are entering the United States meet the same tuberculosis testing 
requirements as sexually intact animals entering the United States. In 
their current form, the regulations do not distinguish between steers 
and spayed heifers imported strictly as feeders and those with horn 
growth, which may be used for exhibitions, rodeos, and roping and 
bulldogging practices. Animals used for these purposes are often 
maintained longer than feeder cattle. The longer the life span of an 
animal, the greater the chances are that, if exposed to tuberculosis, 
it will contract the disease, develop generalized disease, and spread 
it to other animals. We believe that the risks of tuberculosis 
transmission associated with steers and spayed heifers with horn growth 
justify regulating the importation of such animals in a manner 
equivalent to the way we regulate sexually intact cattle, which also 
have longer life spans than feeder cattle and are consequently more 
likely to spread tuberculosis if they have been exposed to that 
disease. This action is necessary to reduce the risk of imported cattle 
transmitting tuberculosis to domestic livestock in the United States.

DATES: This interim rule is effective August 19, 2004. We will consider 
all comments that we receive on or before September 20, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 03-081-1, 
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. 03-081-1.
     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. 03-081-1'' on the subject 
line.
     Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, National Tuberculosis 
Program Coordinator, Eradication and Surveillance Team, National Center 
for Animal Health Programs, VS, APHIS, 4020 N. Lincoln Blvd., Suite 
101, Oklahoma City, OK 73105; (405) 427-2998.

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 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 93.406 of the regulations contains requirements 
for diagnostic tests for brucellosis and tuberculosis. Section 93.427 
contains some additional safeguards against tick-borne diseases, 
brucellosis, and tuberculosis for cattle imported into the United 
States from Mexico.
    Bovine tuberculosis is an infectious disease caused by the 
bacterium Mycobacterium bovis. Although commonly defined as a chronic 
debilitating disease, bovine tuberculosis can occasionally assume an 
acute, rapidly progressive course. While body tissue can be affected, 
lesions are most frequently observed in the lymph nodes, lungs, 
intestines, liver, spleen, pleura, and peritoneum. Although cattle are 
considered to be the true hosts of M. bovis, the disease has been 
reported in several other species of both domestic and nondomestic 
animals and in humans. Currently, all areas of the United States are 
considered to be free of bovine tuberculosis except for Texas, 
Michigan, New Mexico, and California.
    Currently, the regulations for tuberculosis treat imported steers 
and spayed heifers differently from imported sexually intact cattle. 
Under Sec.  93.406(a)(2)(i), steers and spayed heifers must have come 
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; each of the animals must have 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

[[Page 43284]]

must have tested negative to any individual tests for tuberculosis 
required by the Administrator. For sexually intact cattle from an 
accredited herd (a herd that has passed at least two consecutive annual 
official tuberculin tests and has no evidence of tuberculosis), the 
herd must have been certified as an accredited herd for tuberculosis 
within 1 year prior to the date of exportation to the United States. 
Sexually intact cattle not from an accredited herd must have 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. Each of these animals must also have 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, unless the animals are exported within 6 months of when the 
herd of origin tested negative to a whole herd test, in which case the 
additional test is not required. In addition, any individual cattle 
that had been added to the herd must have tested negative to any 
individual tests for tuberculosis required by the Administrator.
    The higher level of risk of tuberculosis transmission associated 
with sexually intact cattle accounts for their more stringent 
regulatory treatment. Steers and spayed heifers are often imported as 
feeders and slaughtered before the age of 2 years. They usually graze 
with other feeders before being taken to feedlots and, subsequently, to 
slaughter. Sexually intact cattle, on the other hand, are typically 
imported for breeding purposes, and their average life span ranges from 
7 to 12 years. The longer the life span of an animal, the greater the 
chances are that, if exposed to tuberculosis, it will contract the 
disease, develop generalized disease, and spread it to other animals. 
In addition, since bovine tuberculosis may be spread by nursing or 
aerosolization, an infected breeding cow may not only spread the 
disease to the other breeding cattle with which she is kept, but also 
to her offspring or the offspring of other breeding cattle.
    Some imported steers and spayed heifers, however, have also been 
associated with higher levels of tuberculosis risk. Cattle with horn 
growth (i.e., cattle that are not polled or dehorned; hereafter 
referred to as exhibition animals) may be used for exhibitions, rodeos, 
and roping and bulldogging practices. Cattle used for these purposes 
are more expensive than feeder animals and are often maintained longer. 
In addition, exhibition animals are managed much differently than 
feeder animals. Exhibition animals are housed in or near arenas for 
rodeo events and practice sessions. When the season is over, these 
animals may be commingled with breeding animals or herds during the 
winter. This routine practice may be repeated over the course of 2 to 5 
years. Consequently, exhibition animals have historically exhibited a 
significantly higher risk of spreading tuberculosis than have feeder 
cattle. It is our view that the risks presented by exhibition animals 
justify regulating their importation in a manner equivalent to the way 
we regulate sexually intact cattle.
    In their current form, the regulations do not distinguish between 
steers and spayed heifers imported strictly as feeders and those whose 
horn growth may enable them to be used in exhibitions. Because steers 
or spayed heifers with horn growth are far more likely to be imported 
for use in exhibitions than those without horn growth, they may be 
associated with the additional risk factors described in the previous 
paragraph. Therefore, in order to offer greater protection to U.S. 
livestock herds against tuberculosis, we are amending the regulations 
in Sec.  93.406(a)(2) to require that steers or spayed heifers intended 
for importation into the United States that have any evidence of horn 
growth meet the same tuberculosis testing requirements as sexually 
intact cattle imported into the United States. In addition, we are 
amending Sec.  93.427(c)(3), which provides, among other things, for 
the detention at the U.S. port of entry of sexually intact cattle from 
Mexico until the cattle are tested for tuberculosis with negative 
results. Under this rulemaking, steers or spayed heifers from Mexico 
with any evidence of horn growth will also be subjected to this 
requirement.

Emergency Action

    This rulemaking, which requires that steers and spayed heifers with 
any evidence of horn growth that are entering the United States meet 
the same tuberculosis testing requirements as sexually intact animals 
entering the United States, is necessary on an emergency basis to 
reduce the risk of imported cattle transmitting tuberculosis to 
domestic livestock in the United States. Under these circumstances, the 
Administrator has determined that there is good cause under 5 U.S.C. 
553 for issuing this rule as an interim rule rather than by publishing 
a notice of proposed rulemaking. We are making this rule effective 30 
days after publication in the Federal Register to provide sufficient 
notice of the new requirements to Mexican animal health authorities and 
cattle exporters.
    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.

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 importation regulations in 
Sec. Sec.  93.406 and 93.427 to require that steers and spayed heifers 
with any evidence of horn growth that are entering the United States 
meet the same tuberculosis testing requirements as sexually intact 
animals entering the United States. This action is necessary to reduce 
the risk of imported cattle transmitting tuberculosis to domestic 
livestock in the United States.
    The cattle industry plays an important role in the U.S. economy. 
Cash receipts from sales of meat, animals, and milk totaled about $65 
billion in 2001.\1\ Additionally, cattle and related product exports 
generated over $3 billion in sales. Other agricultural and 
nonagricultural sectors are highly dependent on the cattle industry for 
their economic activity. Maintaining favorable economic conditions for 
U.S. agriculture depends, in part, on continued aggressive efforts to 
eradicate tuberculosis from the U.S. cattle population.
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    \1\ USDA/ERS, U.S. and State Farm Income Data/Farm Cash 
Receipts, 1924-2001, Table 5--Cash Receipts, by Commodity groups and 
Selected Commodities, United States and States, 1997-2001. Revised 
July 23, 2002.
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    Historically, most U.S. imports of live cattle and calves have come 
from Canada and Mexico. The United States imported 2,502,973 live 
cattle and calves in 2002, which were valued at $1,447 million. Of 
these, 1,686,508 were from Canada, and 816,460 were from Mexico.\2\ 
Steers and spayed heifers that have horn growth and may be used for 
rodeo exhibitions are most likely to come to the United States from 
Mexico. In 2002, the number of steers from which roping steers were 
likely to be

[[Page 43285]]

drawn totaled 747,069 or 91.5 percent of total imports from Mexico.\3\ 
Of this total, about 6 percent are believed to be roping steers.
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    \2\ USDA/ERS, Foreign Agricultural Trade of the United States, 
February 2003.
    \3\ Source: Global Trade Information Services Inc., the World 
Trade Atlas--United States Edition, June 2003; APHIS/VS Import 
Tracking System National Database.
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    This interim rule will result in an additional tuberculosis testing 
requirement for steers and spayed heifers with horn growth imported 
into the United States, entailing some additional costs for importers. 
The cost of tuberculin testing is between $7.50 and $10 per head. The 
weighted average price of an imported steer from Mexico, which is 
likely to be the source of most of the animals affected by this interim 
rule, in 2002 was $364. The cost of the additional tuberculosis test 
represents about 2.4 percent of that value. If supply does not change 
as a result of the cost increase, U.S. importers will incur overall 
additional costs of between $336,180 and $549,000 annually. The exact 
impact of a 2.4 percent increase in cost on the supply of cattle from 
Mexico is unknown, but the possibility exists that the cost increase 
may decrease the supply of cattle from Mexico and increase lease fees 
and/or roping steer purchase prices.
    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic effects of their rules on small entities. 
Entities that may be affected by this interim rule include U.S. order 
buyers that import steers from Mexico and cow-calf operations that sell 
steers comparable in age and size to those imported from Mexico. The 
Small Business Administration (SBA) classifies cow-calf and stocker 
operations as small entities if their annual receipts are not more than 
$750,000. There were 1,032,000 of these operations in the United States 
in 2002, and over 99 percent were considered small. This interim rule 
will also affect industries that purchase and lease roping steers for 
their shows. The number and size distributions of this industry are not 
available, but their sizes are likely to be small. Additionally, as 
these animals retire from roping service, they are likely to be sold to 
feedlots, so some feedlots might also be affected. The SBA classifies 
cattle feedlots as small entities if their annual receipts are not more 
than $1.5 million. There were 95,189 feedlots in the United States in 
2002, of which about 93,000 (nearly 98 percent) had capacities of fewer 
than 1,000 head. Average annual receipts for these small feedlots 
totaled about $35,300, a figure well below the SBA's small-entity 
criterion. However, as of January 1, 2003, the remaining 2 percent of 
the Nation's feedlots, which had capacities of at least 1,000 head, 
held 82 percent of all U.S. cattle and calves on feed.
    This interim rule may lead to increased costs for U.S. importers of 
roping steers and a decrease in the number of roping steers imported 
from Mexico. Any negative economic impacts for U.S. importers may be 
offset somewhat by the benefits that may accrue to U.S. cow-calf 
operations that sell or lease domestic roping steers if the price of 
those steers rises. In addition, if any increase in U.S. feeder cattle 
prices results from this rule, U.S. cow-calf and stocker domestic 
operations will gain from a stronger market.
    The overall benefits to the U.S. livestock industry of reducing the 
risk of importing tuberculosis-infected cattle by requiring additional 
testing for steers and spayed heifers with horn growth are expected to 
be of far greater significance than any other economic impacts, whether 
positive or negative, of this interim rule.
    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 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 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.


Sec.  93.406  [Amended]

0
2. Section 93.406 is amended as follows:
0
a. In paragraph (a)(2)(i), by adding the words ``without evidence of 
horn growth (polled or dehorned)'' after the word ``heifers''.
0
b. In paragraph (a)(2)(ii), by adding the words ``and steers or spayed 
heifers with any evidence of horn growth'' after the word ``cattle''.
0
c. In paragraph (a)(2)(iii), by adding the words ``and steers or spayed 
heifers with any evidence of horn growth'' after the words ``intact 
cattle''.


Sec.  93.427  [Amended]

0
3. In Sec.  93.427, paragraph (c)(3) is amended by adding the words 
``and steers or spayed heifers with any evidence of horn growth'' after 
the word ``cattle''.

    Done in Washington, DC, this 13th day of July, 2004.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-16282 Filed 7-19-04; 8:45 am]
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