[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Proposed Rules]
[Pages 51960-51962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19313]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 163 / Tuesday, August 24, 2004 / 
Proposed Rules  

[[Page 51960]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 03-081-3]


Tuberculosis in Cattle; Import Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend 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. These changes are intended to reduce the risk 
of imported cattle transmitting tuberculosis to domestic livestock in 
the United States.

DATES: We will consider all comments that we receive on or before 
October 25, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 03-081-3, 
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. 03-081-3.
     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. 03-081-3'' 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

    [Note: The provisions described in this proposed rule were 
originally published in the Federal Register on July 20, 2004 (69 FR 
43283-43285, Docket No. 03-081-1), as an interim rule scheduled to 
become effective on August 19, 2004. Prior to its effective date, 
however, we withdrew the July 2004 interim rule (see 69 FR 49783, 
Docket No. 03-081-2, published August 12, 2004).]

    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 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

[[Page 51961]]

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 proposing to amend 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 proposing to amend 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 proposed rule, steers or spayed 
heifers from Mexico with any evidence of horn growth would also be 
subjected to this requirement.

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 amend 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 intended 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, Tables 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 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 proposed rule would 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 would likely be the source of most of the animals affected by 
this proposed 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 would 
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 could 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

[[Page 51962]]

could be affected by this proposed 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 $750,000 or 
less. There were 1,032,000 of these operations in the United States in 
2002, and over 99 percent were considered small. This proposed rule 
could 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 could 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 proposed rule could 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 could be 
offset somewhat by the benefits that could 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 were to result from the proposed changes, U.S. cow-calf and 
stocker domestic operations would 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 proposed rule.
    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 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.

    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 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]

    2. Section 93.406 would be amended as follows:
    a. In paragraph (a)(2)(i), by adding the words ``without evidence 
of horn growth (polled or dehorned)'' after the word ``heifers''.
    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''.
    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]

    3. In Sec.  93.427, paragraph (c)(3) would be 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 19th day of August 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-19313 Filed 8-23-04; 8:45 am]
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