[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10323-10325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04074]



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 Rules and Regulations
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  Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / 
Rules and Regulations  

[[Page 10323]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2012-0073]
RIN 0579-AD91


Cattle Fever Tick; Importation Requirements for Ruminants From 
Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to recognize the State of 
Sonora as a region in Mexico that is free of fever ticks. We are also 
establishing an exemption from acaricide dipping treatment 
requirements, and the documentation requirements associated with such 
dipping, that were formerly applicable to cattle and other ruminants 
originating from Sonora as a condition of eligibility for entry to the 
United States, provided that certain conditions are met. This action 
will remove restrictions on the importation of cattle and other 
ruminants from Sonora that we believe are no longer necessary and 
reduce the costs associated with tick dipping for exporters and 
importers of ruminants.

DATES: Effective March 30, 2015.

FOR FURTHER INFORMATION CONTACT: Dr. Betzaida Lopez, Senior Staff 
Veterinarian, National Import Export Services, VS, APHIS, 4700 River 
Road Unit 39, Riverdale, MD 20737; (301) 851-3300.

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 93.429 
specifically address the importation of various ruminants from Mexico 
into the United States.
    On July 17, 2014, we published in the Federal Register (79 FR 
41652-41656, Docket No. APHIS-2012-0073) a proposal\1\ to amend the 
regulations by recognizing the State of Sonora as a region in Mexico 
that is free of fever ticks. We also proposed to establish an exemption 
from acaricide dipping treatment requirements, and the documentation 
requirements associated with such dipping, that have applied to cattle 
and other ruminants originating from Sonora as a condition of 
eligibility for entry to the United States, provided that certain 
conditions are met.
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    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0073.
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    We solicited comments concerning our proposal for 60 days ending 
September 15, 2014. We received two comments by that date. They were 
from a cattle producers' association and an individual. One commenter 
supported the proposed rule. The other expressed a generalized 
opposition, but did not address the actual content of the proposed 
rule. Thus, there is no need to address 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 final 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 5 U.S. C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
for a link to Regulations.gov) or by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT.
    We are recognizing the Mexican State of Sonora as a region that is 
free of fever ticks. Under this rulemaking, importers of cattle from 
Sonora will have to submit an application either for inspection or 
dipping, but not both, as was previously required.
    From 2009 to 2013, 1.21 million cattle were imported yearly from 
Mexico. About one-fourth came from Sonora. Cattle imported into the 
United States from Mexico are generally purchased by stocker operations 
that background the cattle on pasture before they are shipped to 
feedlots.
    The average unit price of cattle imported from Mexico between 2009 
and 2013 was about $440. The average cost of dipping with an acaricide 
is $3.50 to $10.00 per head. It takes approximately 5 seconds for 3 
cattle to cross a dipping vat. For an average 500-head herd, dipping 
takes about 15 minutes. To inspect a 500-head herd takes from 4 to 12 
hours. Depending on the size of the herd and time needed for 
inspection, some importers may choose to have the cattle dipped rather 
than inspected. The estimated cost of dipping is equivalent to about 1 
to 2 percent of the value of the imported cattle. Any resulting cost 
savings realized by U.S. cattle importers due to inspection rather than 
dipping of cattle will depend on the relative price responsiveness of 
the sellers and buyers of the cattle. APHIS does not expect the rule to 
result in an increase of any consequence in the number of cattle 
imported from Mexico.

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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S. C. 3501 et se.), the information collection or 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0425, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal

[[Page 10324]]

Register providing notice of what action we plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2727.

List of Subjects in 9 CFR Part 93

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

    Accordingly, we are amending 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

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.  93.400, the definition of fever tick is revised to read as 
follows:


Sec.  93.400  Definitions.

* * * * *
    Fever tick. Rhipicephalus annulatus, Rhipicephalus microplus, and 
any other species of tick determined by the Administrator to be a 
vector of bovine babesiosis and specified on the Internet at http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/importexport.
* * * * *


Sec.  93.423  [Amended]

0
3. In Sec.  93.423, paragraph (c) is amended by removing the words 
``splenetic, southern, or tick fever'' and adding the words ``bovine 
babesiosis'' in their place.

0
4. In Sec.  93.427, paragraph (b) and the OMB citation at the end of 
the section are revised to read as follows:


Sec.  93.427  Cattle and other bovines from Mexico.

* * * * *
    (b)(1) Cattle from regions of Mexico that APHIS has determined to 
be free from fever ticks. APHIS has evaluated certain regions of Mexico 
in accordance with Sec.  92.2 of this chapter, and determined that they 
are free from fever ticks; a list of all such regions is found on the 
Internet http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/importexport. Copies of the list are also available by contacting APHIS 
at the following address: Regionalization Evaluation Services, National 
Import Export Services, Veterinary Services, Animal and Plant Health 
Inspection Service, 4700 River Road Unit 38, Riverdale, MD 20737. 
Regions may be removed from the list based on a determination by APHIS 
that fever ticks exist in the region, on the discovery of tick-infested 
cattle from the region at a port of entry into the United States, or on 
information provided by a representative of the government of that 
region that fever ticks exist in the region. Cattle from regions of 
Mexico that APHIS has determined to be free from fever ticks may be 
imported into the United States subject to the following conditions:
    (i) The cattle are accompanied by a certificate issued in 
accordance with Sec.  93.405 that states that the cattle originate from 
a region of Mexico that APHIS has determined to be free from fever 
ticks.
    (ii) If the cattle will transit to the United States through an 
area of Mexico that APHIS has not determined to be free from fever 
ticks, they are moved in a sealed means of conveyance, and that seal 
remains intact throughout such transit.
    (iii) The cattle are presented for entry into the United States at 
a land border port of entry listed in Sec.  93.403(c).
    (iv) The cattle are segregated at the U.S. port of entry from 
cattle from regions of Mexico that APHIS has not determined to be free 
from fever ticks.
    (v) The importer, or his or her agent, executes and delivers to the 
inspector at the port of entry an application for inspection or 
supervised dipping. In this application, the importer, or his or her 
agent, waive all claims against the United States for any loss or 
damage to the cattle occasioned by or resulting from inspection or 
dipping or from the fact that the cattle are later found still to be 
tick infested, and for any loss or damage to any other cattle in the 
importer's possession or control that come in contact with the dipped 
cattle.
    (vi) The cattle are either inspected by an APHIS inspector at the 
port of entry for evidence of tick infestation or are treated with a 
tickicidal dip that is listed in Sec.  72.13 of this chapter under the 
supervision of an inspector at the port of entry.
    (vii) If any cattle are determined to be infested with fever ticks, 
the lot of cattle is refused entry and may only be imported into the 
United States subject to the requirements in paragraph (b)(2) of this 
section.
    (2) Cattle from regions of Mexico that APHIS has not determined to 
be free from fever ticks. Cattle from regions of Mexico that APHIS has 
not determined to be free from fever ticks may only be imported into 
the United States subject to the following conditions:
    (i) The cattle have been inspected by a veterinarian in Mexico and, 
in the determination of the veterinarian, are free from fever ticks and 
all evidence of communicable diseases, and have not been exposed to 
communicable diseases, other than bovine babesiosis, during the 60 days 
prior to movement to a port of entry into the United States.
    (ii) The cattle have been treated in Mexico with a tickicidal dip 
that is listed in Sec.  72.13 of this chapter within 7 to 14 days 
before being offered for entry into the United States.
    (iii) The cattle are accompanied by a certificate issued in 
accordance with Sec.  93.405 that states that this inspection and 
dipping have occurred.
    (iv) The cattle are presented for entry into the United States at 
the port of entry at Santa Teresa, NM, or a port of entry within Texas 
that is listed in Sec.  93.403(c).
    (v) The importer, or his or her agent, executes and delivers to the 
inspector at the port of entry an application for inspection and 
supervised dipping. In this application, the importer, or his or her 
agent, agrees to waive all claims against the United States for any 
loss or damage to the cattle occasioned by or resulting from this 
dipping or from the fact that the cattle are later found to still be 
infested with ticks, and for any loss or damage to any other cattle in 
the importer's possession or control that come in contact with the 
dipped cattle.
    (vi) When offered for entry, the cattle receive an inspection by an 
inspector. If free from fever ticks, the cattle are treated once with a 
tickicidal dip that is listed in Sec.  72.13 of this chapter 7 to 14 
days after the dipping required in paragraph (b)(2)(ii) of this 
section. If found to be infested with fever ticks, the cattle are 
refused entry and may not be inspected again at a port of entry until 
they are again dipped and 7 to 14 days have elapsed.
    (vii) The cattle are not imported into an area of Texas that is 
quarantined in accordance with Sec.  72.5 of this chapter for bovine 
babesiosis, or for tick infestation.
* * * * *

[[Page 10325]]

(Approved by the Office of Management and Budget under control numbers 
0579-0040, 0579-0224, 0579-0393, and 0579-0425)

    Done in Washington, DC, this 20th day of February 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-04074 Filed 2-25-15; 8:45 am]
BILLING CODE 3410-34-P