[Federal Register Volume 66, Number 77 (Friday, April 20, 2001)]
[Rules and Regulations]
[Pages 20187-20190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9795]
[[Page 20187]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. 00-102-1]
Tuberculosis Testing for Imported Cattle
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending our animal import regulations by requiring
cattle to undergo additional testing for tuberculosis prior to
exportation to the United States, except cattle imported for immediate
slaughter. The additional testing requirements will help us to better
ensure that imported cattle are free of tuberculosis, thereby
protecting against the spread of tuberculosis within the United States.
DATES: This interim rule is effective May 21, 2001. We invite you to
comment on this docket. We will consider all comments that we receive
by June 19, 2001.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 00-102-1, Regulatory Analysis and
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 00-102-1.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff
Officer, Regionalization Evaluation Services Staff, National Center for
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD
20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious, infectious, and communicable
disease caused by Mycobacterium bovis. It affects cattle, bison, deer,
elk, goats, and other species, including humans. Bovine tuberculosis in
infected animals and humans manifests itself in lesions of the lung,
bone, and other body parts, causes weight loss and general
debilitation, and can be fatal.
At the beginning of this century, bovine tuberculosis caused more
losses of livestock than all other livestock diseases combined. This
prompted the establishment of the National Cooperative State/Federal
Bovine Tuberculosis Eradication Program for bovine tuberculosis in
livestock.
The Animal and Plant Health Inspection Service (APHIS) recently
revised its domestic bovine tuberculosis regulations on the interstate
movement of certain cattle, bison, and captive cervids. These
regulations are designed to protect against the spread of tuberculosis
within the United States and to aid in our domestic tuberculosis
eradication effort. However, in order for the domestic eradication
program to be successful, APHIS must take appropriate measures to
ensure that cattle imported into the United States are free of
tuberculosis.
APHIS has been receiving requests to allow the importation of large
numbers of cattle from countries known to be affected with
tuberculosis. The prevalence of tuberculosis in many countries that
export cattle to the United States presents a significant threat to the
success of our domestic tuberculosis eradication program. In order to
address the risk posed by imported cattle, APHIS is amending its
regulations to generally require that cattle be tested twice with
negative results for tuberculosis prior to importation into the United
States, except for cattle imported for immediate slaughter.
Existing Regulations
The regulations in 9 CFR part 93 prohibit or restrict the
importation of certain animals and birds into the United States to
prevent the introduction of communicable diseases of livestock and
poultry. Subpart D of part 93 (referred to below as the regulations)
governs the importation of ruminants.
Prior to this interim rule, Sec. 93.406 of the regulations
contained tuberculosis testing and certification requirements for
cattle imported into the United States from all areas of the world
except Canada and Mexico. Sections 93.418 and 93.427 contained
tuberculosis testing and certification requirements for cattle from
Canada and Mexico, respectively.
Cattle From All Areas of the World Except Canada and Mexico
Under the regulations in Sec. 93.406(a) prior to this interim rule,
cattle that were imported from all areas of the world except Canada and
Mexico, and except cattle imported for immediate slaughter, were
required to be tested for tuberculosis with negative results within 30
days of the date of their exportation to the United States. To verify
that cattle met these testing requirements, the regulations required
that imported cattle be accompanied by a certificate of a salaried
veterinary officer of the national government of the region of origin
showing that the cattle were tested for tuberculosis as described
above. The certificate had to give the dates and places of testing,
names of the consignor and consignee, and a description of the cattle,
with breed, ages, and markings.
Further, under Sec. 93.406(c), cattle that were tested as
prescribed above and that were subject to quarantine at the port of
entry as provided in Sec. 93.411,\1\ were required to be retested for
tuberculosis during the last 10 days of the quarantine period under the
supervision of a veterinary inspector by one or more of the methods
approved by the Administrator.
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\1\ Cattle from all areas of the world except Central America,
the West Indies, Canada, and Mexico are required to be quarantined
for not less than 30 days upon arrival in the United States.
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Cattle From Canada
Under the regulations in Sec. 93.418(b) prior to this interim rule,
cattle imported from Canada, except cattle imported for slaughter in
accordance with Sec. 93.420 of the regulations, were required to be
accompanied by a certificate issued or endorsed by a salaried
veterinarian of the Canadian Government showing one of the following:
The cattle were from a tuberculosis-free herd in Canada;
or
The date and place the cattle were last tested for
tuberculosis; that the cattle were found negative for tuberculosis on
such test; and that such test was performed within 60 days preceding
the arrival of the cattle at the port of entry; or
That the cattle were at least 5 days but not more than 4
weeks of age and, therefore, were exempt from the tuberculosis testing
requirement; or
For a calf imported with its dam, the date and place the
calf's dam was
[[Page 20188]]
last tested for tuberculosis; that the dam was found negative for
tuberculosis on such test; that such test was performed within 60 days
preceding the arrival of the calf and dam at the port of entry; and
that the calf was born after such test was performed.
If cattle met one of the above conditions, they were eligible for
entry into the United States without quarantine and were not required
to be held at the border for additional testing. Cattle that did not
meet any of these conditions were refused entry into the United States.
Cattle From Mexico
Under the regulations in Sec. 93.427(c) prior to this interim rule,
cattle imported from Mexico, except cattle imported for immediate
slaughter under Sec. 93.429 of the regulations, had to be accompanied
by a satisfactory certificate of a salaried veterinary officer of the
national government of Mexico, or a certificate issued by a
veterinarian accredited by the National Government of Mexico and
endorsed by a full-time salaried veterinary officer of the National
Government of Mexico, thereby representing that the veterinarian
issuing the certificate was authorized to do so, showing:
That a review of the available herd history, including any
tuberculin test results, traceback slaughter reports and post-mortem
record, and any other available records or information did not indicate
evidence of tuberculosis or exposure to tuberculosis during the
preceding 60 days;
Except for cattle certified for importation into the
United States for immediate slaughter in accordance with Sec. 93.429
and steers, that the herd or herds that the cattle originated from were
tuberculin tested with negative results not more than 12 months nor
less than 3 months before the date the animals were offered for entry
into the United States and that the animals presented for entry,
excepting only the natural increase in the herd, were included in the
herd or herds of origin at the time of the herd test;
For steers, except those certified in accordance with
Sec. 93.429, that each animal had been tested with negative results
either by a salaried veterinarian of the National Government of Mexico
or by a veterinarian accredited by the National Government of Mexico,
not more than 60 days before the date the animals were offered for
entry into the United States: Provided, that for steers not so tested
and certified, the importer could elect to have the tuberculin test
completed at the port of entry under the supervision of the port
veterinarian; and
The date and place of inspection, the date and place and
results of the tuberculin test if applicable, the name of the herd
owner, the name of the consignor and consignee, and an individual
description of each animal including breed, age, sex, and tattoo and
official Mexican Ministry of Agriculture and Water Resources (SARH)
blue eartag numbers.
However, cattle, including steers, that originated in herds
declared to be tuberculosis-accredited by the National Government of
Mexico in accordance with that region's standards did not have to
comply with the above provisions if they were moved directly to the
U.S. port of entry from their herd of origin without having been
commingled with cattle from any herd not so accredited enroute to the
port of entry. They had to be accompanied by a health certificate
issued in accordance with Sec. 93.405(a) stating that the cattle
originated in a tuberculosis-accredited herd and identifying the
animals by official Mexican Ministry of Agriculture and Water Resources
(SARH) blue eartag and tattoo numbers.
Further, cattle from a herd or herds in which one or more reactors
to the tuberculin test had been disclosed were not eligible for
importation until the herd or herds reached full tuberculosis-free
status under Mexican Government regulations.
All bulls and female cattle accompanied by the certificate
described above were to be detained at the port of entry under the
supervision of the port veterinarian until tested for tuberculosis with
negative results, provided that if any reactor was disclosed in any lot
when so tested at the port of entry, the entire lot was refused entry
and the entire lot or any portion of it was not eligible for
importation until the lot had reached full tuberculosis-free status
under Mexican Government regulations and the animals offered for entry
had met the other applicable requirements of Sec. 93.427.
Changes Made by This Interim Rule
In this document, we are amending the regulations described above
by requiring all cattle imported into the United States, except cattle
imported for immediate slaughter, and except cattle from Canada,\2\ to
generally be tested twice with negative results for tuberculosis as
described below. These new requirements are located in an amended
Sec. 93.406, and all previous tuberculosis testing requirements for
imported cattle, except cattle from Canada, are removed.
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\2\ Canada would have the option of following the new
requirements or the existing requirements in Sec. 93.418.
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Steers or Spayed Heifers
Steers and spayed heifers must originate from a herd that tested
negative to a whole herd test for tuberculosis within 1 year prior to
the date of exportation to the United States. For the purposes of this
rule, a herd is defined as a group of one or more animals maintained
for at least 4 months on common ground or two or more groups of animals
under common ownership or supervision on two or more premises that are
geographically separated, but among which there is an interchange or
movement of animals. We are requiring that animals be maintained as
such for 4 months in order to ensure that the animals are tested as a
unit, and to allow time for signs of disease, if present, to become
apparent.
For a group of one or more animals to qualify as a herd for the
purposes of Sec. 93.406, animals may be moved directly into the herd
during or after the 4-month qualifying period only if they (1)
originated from a tuberculosis-free herd; or (2) originated from a
tuberculosis-accredited herd or a herd that tested negative to a whole
herd test, and the individual cattle to be added to the herd also
tested negative to any additional individual tests for tuberculosis
required by the Administrator.
A ``whole herd test'' is defined as an official tuberculin test of
all cattle in a herd that are 6 months of age or older, and of all
cattle in the herd that are less than 6 months of age and were not born
into the herd, except those cattle that are less than 6 months of age
and (1) were born in and originated from a tuberculosis-free herd; or
(2) were born in and originated from a tuberculosis-accredited herd or
originated from a herd that has tested negative to a whole herd test,
and the individual cattle have tested negative to any additional
individual tests for tuberculosis required by the Administrator.
Further, the animals must have each tested negative to an
additional official tuberculin test conducted within 60 days prior to
the date of exportation to the United States. For the purposes of this
rule, an ``official tuberculin test'' is defined as a test for bovine
tuberculosis that is approved by the APHIS Administrator as equivalent
to the international standard test described in the Manual of Standards
for Diagnostic Tests and Vaccines, Office International des Epozooties,
and that is applied and
[[Page 20189]]
reported by a salaried official of the government of the exporting
region.
Cattle that have been tested for tuberculosis in accordance with
these requirements will not be subject to any additional tests for
tuberculosis during quarantine, if quarantine is required under
Sec. 93.411. Further, such cattle from Mexico will not be detained at
land border ports with Mexico for further testing.
Sexually Intact Cattle From an Accredited Herd
Such cattle must originate from a herd that has been certified by
the government of the region of origin as an accredited herd within 1
year prior to the date of exportation to the United States.
For the purposes of this rule, an accredited herd is defined as one
that has passed at least two consecutive annual official tuberculin
tests and has no evidence of bovine tuberculosis. All animals in an
accredited herd must be free from tuberculosis.
Such cattle, if required to be quarantined under the regulations in
Sec. 93.411, must also be tested for tuberculosis with negative results
during the last 10 days of quarantine. Further, such cattle from Mexico
must be detained at the port of entry under the supervision of the port
veterinarian until tested for tuberculosis with negative results.
Sexually Intact Cattle not From an Accredited Herd
Such cattle must have originated from a herd that has tested
negative to a whole herd test as described above under the heading
``Steers and Spayed Heifers'' within 1 year prior to the date of
exportation to the United States. Further, the animals must each 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, except that the additional test is
not required if the animals are exported within 6 months of the whole
herd test.
Such cattle, if required to be quarantined under the regulations in
Sec. 93.411, must also be tested for tuberculosis with negative results
during the last 10 days of quarantine. Further, such cattle from Mexico
must be detained at the port of entry under the supervision of the port
veterinarian until tested for tuberculosis with negative results.
Cattle From Mexico
Under this interim rule, cattle from a herd or herds in Mexico in
which one or more reactors to the tuberculin test have been disclosed
are not eligible for importation until the herd to which the animals in
the lot belong achieves accredited herd status as defined in
Sec. 93.400 of the regulations, and provided that the animals offered
for entry have met the other applicable requirements of this section.
Further, as stated above, sexually intact cattle from Mexico must
be detained at the port of entry under the supervision of the port
veterinarian until tested for tuberculosis with negative results. Under
this interim rule, in the event that any reactor is disclosed in any
lot when tested at the port of entry, the entire lot will be refused
entry and the entire lot or any portion thereof will not be eligible
for importation until the herd to which the animals in the lot belong
achieves accredited herd status as defined in Sec. 93.400 of the
regulations, and provided that the animals offered for entry have met
the other applicable requirements of this section.
Cattle From Canada
Under this interim rule, cattle from Canada are eligible for
importation into the United States if accompanied by a certificate
stating that the animals have been tested for tuberculosis in
accordance with the new requirements described above. They also remain
eligible for importation under the requirements in Sec. 93.418, which
is not amended by this interim rule.
Immediate Action
Immediate action is necessary to protect against the spread of
tuberculosis within the United States. The prevalence of tuberculosis
in many countries that export cattle to the United States, combined
with the potential importation of increasingly large numbers of cattle
from certain of these countries, presents a significant threat to the
success of the tuberculosis eradication program in the United States,
unless action is taken to reduce the risk of tuberculosis-affected
cattle being imported into this country. In order to address the risk
posed by imported cattle, APHIS is amending its regulations to require
additional testing of cattle for tuberculosis prior to importation into
the United States. Under these circumstances, the Administrator has
determined that prior notice and opportunity for public comment are
contrary to the public interest.
We will consider comments that are received within 60 days of
publication of this rule in the Federal Register. 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 as a result of the
comments.
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 emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a final regulatory
flexibility analysis.
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.
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
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
2. Section 93.400 is amended by revising the definition for
``Herd'' and
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by adding, in alphabetical order, new definitions to read as follows:
Sec. 93.400 Definitions.
* * * * *
Accredited herd. An accredited herd is one that has passed at least
two consecutive annual official tuberculin tests and has no evidence of
bovine tuberculosis. All animals in a herd must be free from
tuberculosis.
* * * * *
Herd. Any group of one or more animals maintained for at least 4
months on common ground or two or more groups of animals under common
ownership or supervision on two or more premises that are
geographically separated, but among which there is an interchange or
movement of animals. For a group of one or more animals to qualify as a
herd for the purposes of Sec. 93.406, animals may be moved into the
herd during or after the 4-month qualifying period only if they:
(1) Originated from a tuberculosis-free herd; or
(2) Originated from an accredited herd or a herd that tested
negative to a whole herd test, and the individual cattle to be added to
the herd also tested negative to any additional individual tests for
tuberculosis required by the Administrator.
* * * * *
Official tuberculin test. A test for bovine tuberculosis that is
approved by the Administrator as equivalent to the international
standard test described in the Manual of Standards for Diagnostic Tests
and Vaccines, Office International des Epozooties, and that is applied
and reported by a salaried official of the government of the exporting
region.
* * * * *
Whole herd test. An official tuberculin test of all cattle in a
herd that are 6 months of age or older, and of all cattle in the herd
that are less than 6 months of age and were not born into the herd,
except those cattle that are less than 6 months of age and:
(1) Were born in and originated from a tuberculosis-free herd; or
(2) Were born in and originated from an accredited herd or
originated from a herd that has tested negative to a whole herd test,
and the individual cattle have tested negative to any additional
individual tests for tuberculosis required by the Administrator.
* * * * *
3. In Sec. 93.406, paragraphs (a) and (c) are revised to read as
follows:
Sec. 93.406 Diagnostic tests.
(a) Tuberculosis and brucellosis tests of cattle. Except as
provided in Secs. 93.418, 93.427(d), and 93.432, all cattle imported
from any part of the world, except for immediate slaughter, must be
accompanied by a certificate of a salaried veterinary officer of the
national government of the region of origin, or if exported from
Mexico, must be accompanied either by such a certificate or by a
certificate issued by a veterinarian accredited by the National
Government of Mexico and endorsed by a full-time salaried veterinary
officer of the National Government of Mexico, thereby representing that
the veterinarian issuing the certificate was authorized to do so,
stating that:
(1) Brucellosis. The cattle have been tested for brucellosis with
negative results within 30 days prior to the date of their exportation
to the United States; Provided, that the brucellosis test will not be
required for steers, spayed heifers, or any cattle less than 6 months
old. The certificate must give the dates and places of testing, names
of the consignor and consignee, and a description of the cattle, with
breed, ages, and markings; and
(2) Tuberculosis. (i) For steers and spayed heifers, the cattle
originated from a herd that tested negative to a whole herd test for
tuberculosis within 1 year prior to the date of exportation to the
United States, and the animals each tested negative to an additional
official tuberculin test conducted within 60 days prior to the date of
exportation to the United States; or
(ii) For sexually intact cattle that are from an accredited herd,
the herd was certified as an accredited herd for tuberculosis within 1
year prior to the date of exportation to the United States; or
(iii) For sexually intact cattle that are not from an accredited
herd, the cattle originated from a herd that tested negative to a whole
herd test for tuberculosis within 1 year prior to the date of
exportation to the United States, and the animals each 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, except that the additional test is not required if the
animals are exported within 6 months of the whole herd test.
* * * * *
(c) Further tests during quarantine. Ruminants that have been
tested as prescribed in paragraphs (a) and (b) of this section and that
are subject to quarantine at the port of entry, as provided in
Sec. 93.411, must be retested during the last 10 days of the quarantine
period under the supervision of a veterinary inspector by one or more
of the methods approved by the Administrator, except that cattle tested
in accordance with paragraph (a)(2)(i) of this section are not required
to be retested for tuberculosis.
4. In Sec. 93.427, paragraph (c) is amended as follows:
a. By removing paragraph (c)(1).
b. By redesignating paragraphs (c)(2), (c)(3), (c)(4), and (c)(5)
as paragraphs (c)(1), (c)(2), (c)(3), and (c)(4), respectively.
c. By revising newly designated paragraphs (c)(2) and (c)(3) to
read as follows:
Sec. 93.427 Cattle from Mexico.
* * * * *
(c) * * *
(2) Cattle from a herd or herds in which one or more reactors to
the tuberculin test have been disclosed shall not be eligible for
importation until the herd to which the animals in the lot belong
achieve accredited herd status as defined in Sec. 93.400, and provided
that the animals offered for entry have met the other applicable
requirements of this section.
(3) All sexually intact cattle accompanied by the certificate
required by Sec. 93.405(a) will be detained at the port of entry under
the supervision of the port veterinarian until tested for tuberculosis
with negative results: Provided, That if any reactor is disclosed in
any lot when so tested at the port of entry, the entire lot will be
refused entry and the entire lot or any portion of it will not be
eligible for importation until the herd to which the animals in the lot
belong achieve accredited herd status as defined in Sec. 93.400, and
provided that the animals offered for entry have met the other
applicable requirements of this section.
* * * * *
Done in Washington, DC, this 16th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-9795 Filed 4-19-01; 8:45 am]
BILLING CODE 3410-34-P