[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Proposed Rules]
[Pages 5132-5135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1533]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2007-0095]
RIN 0579-AC63


Importation of Cattle From Mexico; Addition of Port at San Luis, 
AZ

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 from Mexico by adding San Luis, AZ, as a port 
through which cattle that have been infested with fever ticks or 
exposed to fever ticks or tick-borne diseases may be imported into the 
United States. A new facility for the handling of animals is to be 
constructed on the Mexican side of the border at the port of San Luis, 
AZ, that will be equipped with facilities necessary for the proper 
chute inspection, dipping, and testing that are required for such 
cattle under the regulations. We would also amend the regulations to 
remove provisions that limit the admission of cattle that have been 
infested with fever ticks or exposed to fever ticks or tick-borne 
diseases to the State of Texas. The statutory requirement that limited 
the admission of those cattle to the State of Texas has been repealed. 
These proposed changes would make an additional port of entry available 
and relieve restrictions on the movement of imported Mexican cattle 
within the United States.

DATES: We will consider all comments that we receive on or before March 
31, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0095 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2007-0095, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2007-0095.
    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: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Freeda Isaac, Assistant Director 
for Animal Import, National Center for Import and Export, VS, APHIS, 
4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-6479.

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 
93.436, referred to below as the regulations) governs the importation 
of ruminants; within subpart D, Sec. Sec.  93.424 through 94.429 
specifically address the importation of various ruminants from Mexico 
into the United States.
    In Sec.  93.426, paragraph (a) states that all ruminants offered 
for entry into the United States from Mexico must be inspected at the 
port of entry and found to be free from communicable diseases and fever 
tick infestation and to not have been exposed to communicable diseases 
and fever tick infestation. Ruminants found to be affected with or to 
have been exposed to a communicable disease, or infested with fever 
ticks, are to be refused entry except as provided in Sec.  
93.427(b)(2).
    Under Sec.  93.427(b)(2), cattle that have been exposed to 
splenetic, southern, or tick fever, or that have been infested with or 
exposed to fever ticks, may be imported from Mexico for admission into 
the State of Texas, except that portion of the State quarantined 
because of fever ticks, either at one of the land border ports in Texas 
listed in Sec.  93.403(c) of the regulations, or at the port of Santa 
Teresa, NM, provided that certain conditions are met. Those conditions 
are spelled out in paragraphs (b)(2)(i) through (b)(2)(v) of Sec.  
93.427.
    In a proposed rule published in the Federal Register (70 FR 67933-
67935, Docket No. 05-041-1) on November 9, 2005, we proposed to amend 
the regulations governing the importation of cattle from Mexico 
(referred to below as the regulations) by adding San Luis, AZ, as a 
port through which cattle that have been infested with fever ticks or 
exposed to fever ticks or tick-borne diseases may be imported into the 
United States. We also proposed to amend the regulations to remove the 
limitation that cattle that have been infested with ticks or tick-borne 
diseases may only be imported into Texas and that prohibits the 
movement of such cattle into areas of Texas that are quarantined 
because of fever ticks.
    We solicited comments concerning our proposal for 60 days ending 
January 9, 2006. We received a total of 11 comments by that date. They 
were from representatives of the cattle industry, State agriculture and 
animal health departments, and private citizens. Three of the 
commenters supported the proposed rule. The remaining commenters were 
opposed to the proposed rule, citing concerns about importing Mexican 
cattle, maintaining and staffing the new port, or increasing the risk 
of spreading bovine piroplasmosis (another name for splenetic, 
southern, or tick fever) to domestic cattle within Texas or California.
    After considering the concerns raised by several of the commenters, 
on April 13, 2006, we published a withdrawal of the proposed rule (71 
FR 19134-19135; Docket No. 05-041-2) pending further analysis of the 
animal health risks associated with the proposed changes. As part of 
our evaluation, we prepared a risk assessment. Copies of the risk

[[Page 5133]]

assessment may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT or viewed on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    The risk assessment, titled ``Evaluation of the Risk Associated 
with Proposed Changes to Rule 9 CFR 93.427(b)(2): Importation of Cattle 
from States in Mexico Where Rhipicephalus (Boophilus) spp. Ticks (Fever 
Ticks) Exist'' (December 2006), evaluates the risks associated with the 
importation of cattle from Mexico that have been infested with fever 
ticks or exposed to fever ticks or tick-borne diseases into the tick 
quarantine zone in Texas and into other States. The risk assessment 
also examines the importation of cattle from Mexico that have been 
infested with fever ticks or exposed to fever ticks or tick-borne 
diseases through the port of San Luis, AZ. We discuss the findings of 
the risk assessment in further detail below.

Admission Only Into the State of Texas

    The limitation that allows the imported cattle admission only into 
the State of Texas originated in statutory language (21 U.S.C. 104) 
that, prior to 1993, authorized the Secretary of Agriculture to permit 
``the admission into the State of Texas of cattle which have been 
infested with or exposed to ticks upon being freed therefrom.'' 
However, in 1993, as part of the North American Free Trade Agreement 
(NAFTA) Implementation Act (Pub. L. 103-182), 21 U.S.C. 104 was amended 
to state more generally that the Secretary may permit the importation 
of cattle, sheep, or other ruminants, and swine from Canada and Mexico, 
effectively removing the restriction that prohibited cattle from moving 
into States other than Texas. The provisions of 21 U.S.C. 104 were 
subsequently repealed by the Animal Health Protection Act, which places 
no specific tick-related restrictions on cattle imported from Mexico. 
The Animal Health Protection Act provides that the Secretary may 
prohibit or restrict the importation of animals if necessary to prevent 
the introduction into or dissemination within the United States of any 
pest or disease of livestock.
    Following the passage of the NAFTA Implementation Act, our 
permitting procedures were modified to allow cattle that had been 
infested with or exposed to fever ticks to be moved into States other 
than Texas under the conditions described in Sec.  93.427(b)(2), but we 
did not make a corresponding change in the regulations to reflect the 
statutory amendment. We are, therefore, proposing to make that change 
in this document.
    As stated in the risk assessment, in the past 5 years, Texas and 11 
other States \1\ have received cattle from States in Mexico where fever 
ticks exist. If these same States continue to receive Mexican-origin 
cattle that have been infested with fever ticks or exposed to fever 
ticks or tick-borne diseases, then the presence of such cattle within 
States located outside of the permanent tick quarantine zone in Texas 
would not create a new animal health risk of exposure to tick-borne 
diseases. It is not expected that the number of cattle imported into 
States other than Texas or their intended destination would change as a 
result of this proposed rule.
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    \1\ Alaska, California, Illinois, Iowa, Kansas, Kentucky, 
Mississippi, Missouri, Nebraska, Oklahoma, and Wyoming.
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    In addition, our risk assessment documents that average annual 
temperatures below 20 [deg]C appear to inhibit the reproductive 
capability of female ticks. These temperatures roughly correspond to 
those States above latitude 36[deg] N. Of the 12 States currently 
receiving Mexican cattle, only 5 are located below this line and 
present a higher risk of establishment of fever ticks. However, as 
noted above, because it is not expected that the number of cattle 
imported into States other than Texas or their intended destination 
would change as a result of this proposed rule, the proposal would not 
present an additional animal health risk. Thus, we do not believe it is 
necessary to maintain the restriction in Sec.  93.427(b) that limits 
the admission of Mexican-origin cattle that have been infested with 
fever ticks or exposed to fever ticks or tick-borne diseases to the 
State of Texas.

Quarantined Areas in Texas

    In order for tick-borne diseases to become established in U.S. 
cattle, vector ticks are required as intermediate carriers of those 
tick-borne diseases. In the absence of vector ticks, tick-borne 
diseases cannot be spread and, therefore, will gradually disappear from 
an infected herd. However, vector ticks are currently present in the 
permanent tick quarantine zone in Texas. As stated in the risk 
assessment, the reproductive capability of female ticks appears to be 
impaired by temperatures below 20 [deg]C. As these temperatures roughly 
correspond to those States above latitude 36[deg] N and nearly the 
entire State of Texas lies below this line, temperatures are favorable 
for the long-term establishment of fever ticks within the State. In 
addition, it appears precipitation levels within the tick quarantine 
zone are also favorable for tick establishment.
    As stated in the risk assessment, seroprevalence data collected 
within Mexican States that export cattle to the United States show that 
the probability is high that some Mexican-origin cattle imported into 
the United States will be persistently affected with a tick-borne 
disease. In addition, although cattle from Mexico that have been 
exposed to tick-borne diseases or that have been infested with or 
exposed to fever ticks must meet the conditions listed in Sec.  
93.427(b)(2)(i) through (b)(2)(v)--including the requirement for an 
acaricide dip--before entering the United States, it is presumed that a 
small number of cattle will continue to harbor live fever ticks despite 
the required mitigations. This, in addition to the presence of free-
ranging wild ruminants such as white-tailed deer, also increases the 
risk of introducing a tick-borne disease into the quarantined area in 
Texas. Therefore, we would continue to prohibit the movement of cattle 
from Mexico that have been infested with fever ticks or exposed to 
fever ticks or tick-borne diseases into Texas' tick quarantine zone.

Addition of San Luis, AZ, as an Approved Port

    The port of San Luis, AZ, is currently listed in Sec.  93.403(c) 
among the land border ports designated as having the necessary 
inspection facilities for the entry of ruminants from Mexico. However, 
as noted previously, the regulations in Sec.  93.427(b) provide that 
any cattle from Mexico that have been infested with fever ticks or 
exposed to fever ticks or tick-borne diseases may be imported only 
through one of the border ports in Texas listed in Sec.  93.403(c) or 
through the port of Santa Teresa, NM. We are proposing to amend Sec.  
93.427(b) to add San Luis, AZ, as a port through which such cattle may 
be imported.
    A new commercial port of entry is to be constructed in San Luis, 
AZ, approximately 5 miles to the east of the current border crossing; 
the current crossing will be improved as well and will continue to be 
used for noncommercial crossings (passenger vehicles and pedestrians). 
The purpose of the project is to provide more direct access to major 
transportation routes between the United States and Mexico and to 
provide higher levels of service to users of the port of entry. As part 
of this project, the Mexican Government intends to construct facilities 
to make the movement of cattle from Mexico into the United States less 
logistically challenging for both exporters and

[[Page 5134]]

importers. The number of cattle imported into the United States is not 
expected to increase as a result of this proposal, as the number of 
cattle that pass through the San Luis port are expected to come from 
cattle that would ordinarily pass through other ports of entry.
    Based on the information provided to us by the Mexican Government, 
the new cattle-handling facilities will be equipped with facilities 
necessary for the proper chute inspection, dipping, and testing that 
are required under the regulations for cattle that have been infested 
with fever ticks or exposed to fever ticks or tick-borne diseases. We 
will coordinate, as necessary, with the Mexican Government during the 
construction of the new port facilities and will inspect the new 
cattle-handling facilities upon their completion to confirm that they 
are properly equipped to allow for the necessary chute inspection, 
dipping, and testing of cattle. Any final action on this proposal to 
add San Luis, AZ, to the list in Sec.  93.427(b) of ports through which 
cattle that have been infested with fever ticks or exposed to fever 
ticks or tick-borne diseases may be imported from Mexico will be 
contingent upon our determination that the necessary facilities are in 
place.
    The risk assessment concluded that the establishment of fever ticks 
is dependent on temperature and precipitation levels. While the range 
of temperatures present in the area around the San Luis port appear 
favorable for establishment of fever ticks, precipitation levels may 
not be as conducive. For example, Val Verde County, TX, which is within 
the tick quarantine zone in Texas, has an annual monthly precipitation 
level of between 0.57 inch and 2.0 inches, whereas San Luis, AZ, 
experiences between 0.03 inch to 0.7 inch of precipitation monthly. 
However, moisture from the Colorado River and private wells in the area 
may create micro-habitats, which could increase the potential for 
establishment. As stated previously, we do not expect that the addition 
of San Luis as a port through which cattle that have been infested with 
fever ticks or exposed to fever ticks or tick-borne diseases may be 
imported into the United States would change the intended destination 
of Mexican-origin cattle. Currently, Arizona is not one of the States 
that receive cattle from Mexico, so we do not expect that cattle 
entering the port of San Luis would remain in Arizona. Likewise, the 
number of cattle imported into the United States from Mexico is not 
expected to increase because the additional cattle that would pass 
through the San Luis port are expected to be cattle that would have 
otherwise entered the United States through the approved ports of entry 
in Texas or Santa Teresa, NM.
    Therefore, based on our assessment of the risks, we are proposing 
to amend the regulations by adding San Luis, AZ, as a port through 
which cattle that have been infested with fever ticks or exposed to 
fever ticks or tick-borne diseases may be imported into the United 
States and by removing the limitation that cattle that have been 
infested with ticks or tick-borne diseases may only be imported into 
Texas. However, we would continue to prohibit the movement of cattle 
from Mexico into Texas's tick quarantine zone.

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.
    In accordance with the Regulatory Flexibility Act of 1980 (Pub. L. 
96-354), this analysis considers the economic impact of this proposed 
rule on small businesses, small organizations, and small governmental 
jurisdictions. Section 603 of the Act requires agencies to prepare and 
make available for public comment an initial regulatory flexibility 
analysis (IRFA) describing the expected impact of proposed rules on 
small entities. Sections 603(b) and 603(c) of the Act specify the 
content of an IRFA. This analysis addresses these IRFA requirements.
    For the purpose of this analysis and following the Small Business 
Administration (SBA) guidelines, the potentially affected entities are 
classified as Beef Cattle Ranching and Farming (NAICS 112111). By SBA 
standards, farms in this category are considered small if annual 
receipts are not more than $750,000. According to the 2002 Census of 
Agriculture, of the 664,431 beef cattle farms, 659,009 or 99 percent 
had annual receipts of less than $500,000 and are therefore considered 
small. Cattle imported into the United States from Mexico are generally 
purchased by stocker operations before they are shipped to feedlots. 
While there is no economic information available on the number, size, 
or distribution of the stocker operations, it is reasonable to assume 
they are small, given that 99 percent of beef cattle ranches and farms 
are considered small.
    APHIS does not expect the proposed changes in the regulations would 
result in a net increase in the number of cattle imported from Mexico. 
Between the years of 2000 and 2005, an average of 68,223 Mexican-origin 
cattle entered the United States each year through the port of San 
Luis, AZ. As a result of the proposed change, we expect that an 
additional 30,000 to 50,000 head of cattle would enter the United 
States at San Luis, Arizona. These cattle would be cattle that have 
been infested with fever ticks or exposed to fever ticks or tick-borne 
diseases that would have otherwise entered through the ports in Texas 
or through the port of Santa Teresa, NM.
    Any positive impacts of the proposed rule on small entities in the 
San Luis area, such as an increased volume of business for firms that 
transport cattle, would be matched by business declines for firms 
operating from the Texas and New Mexico ports. The net positive impact 
would be for cattle importers that find it advantageous to use the San 
Luis port. There may also be positive effects at the Texas and New 
Mexico ports, to the extent that the diversion of cattle to San Luis 
would reduce operational delays when the demand for imports is beyond 
the capacity of the facilities. However, APHIS has no information on 
whether such periods of insufficient capacity have occurred, and if so, 
how frequently.
    The proposed changes would benefit certain cattle operations in the 
United States by making the importation of cattle from Mexico that have 
been infested with fever ticks or exposed to fever ticks or tick-borne 
diseases more readily accessible, and by reducing transport costs from 
the port of entry. The proposed port of entry for these cattle at San 
Luis, AZ, would benefit cattle operations to the west of the current 
ports of entry. Because the cattle would be moved over shorter 
distances, transport costs would be lower.
    APHIS does not have information on the number of entities that 
would be importing cattle that have been infested with fever ticks or 
exposed to fever ticks or tick-borne diseases using the San Luis 
facilities, nor the cost savings that would be realized. We welcome 
information that the public may offer that would allow the Agency to 
better determine the number of enterprises that would be affected and 
the probable magnitude of their cost savings.
    There are no significant alternatives to the rule that would 
accomplish the stated objectives. Because we do not expect there to be 
a significant economic impact on small entities, significant 
alternatives were not set

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forth. However, APHIS invites public comment on the potential impacts 
of the proposed rule.

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 in conflict 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, FISH AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

    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.

    2. In Sec.  93.427, the introductory text of paragraph (b)(2) is 
revised to read as follows:


Sec.  93.427  Cattle from Mexico.

* * * * *
    (b) * * *
    (2) Cattle that have been exposed to splenetic, southern, or tick 
fever, or that have been infested with or exposed to fever ticks, may 
be imported from Mexico for admission into the United States, except 
into areas of Texas quarantined because of said disease or tick 
infestation as specified in Sec.  72.5 of this chapter, either at one 
of the land border ports in Texas listed in Sec.  93.403(c) or at the 
ports of Santa Teresa, NM, or San Luis, AZ, provided that the following 
conditions are strictly observed and complied with:
* * * * *

    Done in Washington, DC, this 23rd day of January 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-1533 Filed 1-28-08; 8:45 am]
BILLING CODE 3410-34-P