[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Proposed Rules]
[Page 5132-5135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-18]
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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the admission of those cattle to the State of Texas has been repealed.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
[[Page 5135]]
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